[JPRT 113-21, Volume I]
[From the U.S. Government Publishing Office]
113th Congress } { S. Prt.
JOINT COMMITTEE PRINT
2d Session } { 113-21
_______________________________________________________________________
COUNTRY REPORTS ON HUMAN RIGHTS
PRACTICES FOR 2011
VOLUME I--AFRICA,
EAST ASIA AND THE PACIFIC
----------
R E P O R T
SUBMITTED TO THE
COMMITTEE ON FOREIGN RELATIONS
U.S. SENATE
AND THE
COMMITTEE ON FOREIGN AFFAIRS
U.S. HOUSE OF REPRESENTATIVES
BY THE
DEPARTMENT OF STATE
IN ACCORDANCE WITH SECTIONS 116(d) AND 502B(b) OF THE FOREIGN
ASSISTANCE ACT OF 1961, AS AMENDED
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
113th Congress } { S. Prt.
JOINT COMMITTEE PRINT
2d Session } { 113-21
_______________________________________________________________________
COUNTRY REPORTS ON HUMAN RIGHTS
PRACTICES FOR 2011
VOLUME I--AFRICA,
EAST ASIA AND THE PACIFIC
__________
R E P O R T
SUBMITTED TO THE
COMMITTEE ON FOREIGN RELATIONS
U.S. SENATE
AND THE
COMMITTEE ON FOREIGN AFFAIRS
U.S. HOUSE OF REPRESENTATIVES
BY THE
DEPARTMENT OF STATE
IN ACCORDANCE WITH SECTIONS 116(d) AND 502B(b) OF THE FOREIGN
ASSISTANCE ACT OF 1961, AS AMENDED
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
COMMITTEE ON FOREIGN RELATIONS
ROBERT MENENDEZ, New Jersey, Chairman
BARBARA BOXER, California BOB CORKER, Tennessee
BENJAMIN L. CARDIN, Maryland JAMES E. RISCH, Idaho
JEANNE SHAHEEN, New Hampshire MARCO RUBIO, Florida
CHRISTOPHER A. COONS, Delaware RON JOHNSON, Wisconsin
RICHARD J. DURBIN, Illinois JEFF FLAKE, Arizona
TOM UDALL, New Mexico JOHN McCAIN, Arizona
CHRISTOPHER MURPHY, Connecticut JOHN BARRASSO, Wyoming
TIM KAINE, Virginia RAND PAUL, Kentucky
EDWARD J. MARKEY, Massachusetts
Daniel E. O'Brien, Staff Director
Lester E. Munson III, Republican Staff Director
COMMITTEE ON FOREIGN AFFAIRS
EDWARD R. ROYCE, California, Chairman
CHRISTOPHER H. SMITH, New Jersey ELIOT L. ENGEL, New York
ILEANA ROS-LEHTINEN, Florida ENI F.H. FALEOMAVAEGA, American
DANA ROHRABACHER, California Samoa
STEVE CHABOT, Ohio BRAD SHERMAN, California
JOE WILSON, South Carolina GREGORY W. MEEKS, New York
MICHAEL T. McCAUL, Texas ALBIO SIRES, New Jersey
TED POE, Texas GERALD E. CONNOLLY, Virginia
MATT SALMON, Arizona THEODORE E. DEUTCH, Florida
TOM MARINO, Pennsylvania BRIAN HIGGINS, New York
JEFF DUNCAN, South Carolina KAREN BASS, California
ADAM KINZINGER, Illinois WILLIAM KEATING, Massachusetts
MO BROOKS, Alabama DAVID CICILLINE, Rhode Island
TOM COTTON, Arkansas ALAN GRAYSON, Florida
PAUL COOK, California JUAN VARGAS, California
GEORGE HOLDING, North Carolina BRADLEY S. SCHNEIDER, Illinois
RANDY K. WEBER SR., Texas JOSEPH P. KENNEDY III,
SCOTT PERRY, Pennsylvania Massachusetts
STEVE STOCKMAN, Texas AMI BERA, California
RON DESANTIS, Florida ALAN S. LOWENTHAL, California
TREY RADEL, Florida GRACE MENG, New York
DOUG COLLINS, Georgia LOIS FRANKEL, Florida
MARK MEADOWS, North Carolina TULSI GABBARD, Hawaii
TED S. YOHO, Florida JOAQUIN CASTRO, Texas
LUKE MESSER, Indiana
Amy Porter, Chief of Staff Thomas Sheehy, Staff Director
Jason Steinbaum, Democratic Staff Director
(ii)
C O N T E N T S
----------
Page
Letter of Transmittal............................................ ix
Preface.......................................................... xi
Overview and Acknowledgments..................................... xiii
Introduction..................................................... xvii
Volume I
Africa
Angola....................................................... 1
Benin........................................................ 18
Botswana..................................................... 28
Burkina Faso................................................. 39
Burundi...................................................... 51
Cameroon..................................................... 66
Cape Verde................................................... 85
Central African Republic..................................... 92
Chad......................................................... 110
Comoros...................................................... 123
Congo, Democratic Republic of the............................ 129
Congo, Republic of the....................................... 151
Cote d'Ivoire................................................ 163
Djibouti..................................................... 181
Equatorial Guinea............................................ 193
Eritrea...................................................... 204
Ethiopia..................................................... 218
Gabon........................................................ 237
Gambia, The.................................................. 246
Ghana........................................................ 259
Guinea....................................................... 273
Guinea-Bissau................................................ 286
Kenya........................................................ 294
Lesotho...................................................... 318
Liberia...................................................... 328
Madagascar................................................... 340
Malawi....................................................... 354
Mali......................................................... 367
Mauritania................................................... 377
Mauritius.................................................... 391
Mozambique................................................... 399
Namibia...................................................... 412
Niger........................................................ 425
Nigeria...................................................... 437
Rwanda....................................................... 466
Sao Tome and Principe........................................ 486
Senegal...................................................... 491
Seychelles................................................... 505
Sierra Leone................................................. 512
Somalia...................................................... 530
South Africa................................................. 550
South Sudan.................................................. 570
Sudan........................................................ 583
Swaziland.................................................... 604
Tanzania..................................................... 620
Togo......................................................... 639
Uganda....................................................... 650
Zambia....................................................... 665
Zimbabwe..................................................... 678
East Asia and the Pacific
Australia.................................................... 705
Brunei Darussalam............................................ 716
Burma........................................................ 724
Cambodia..................................................... 741
China (Including Tibet, Hong Kong, and Macau)................ 756
Tibet...................................................... 794
Hong Kong.................................................. 803
Macau...................................................... 816
Fiji......................................................... 824
Indonesia.................................................... 837
Japan........................................................ 857
Kiribati..................................................... 869
Korea, Democratic People's Republic of....................... 874
Korea, Republic of........................................... 884
Laos......................................................... 895
Malaysia..................................................... 906
Marshall Islands............................................. 934
Micronesia, Federated States of.............................. 940
Mongolia..................................................... 945
Nauru........................................................ 956
New Zealand.................................................. 961
Palau........................................................ 968
Papua New Guinea............................................. 973
Philippines.................................................. 982
Samoa........................................................ 1001
Singapore.................................................... 1008
Solomon Islands.............................................. 1022
Taiwan....................................................... 1029
Thailand..................................................... 1038
Timor-Leste.................................................. 1064
Tonga........................................................ 1072
Tuvalu....................................................... 1077
Vanuatu...................................................... 1082
Vietnam...................................................... 1089
Volume II
Europe and Eurasia
Albania...................................................... 1113
Andorra...................................................... 1123
Armenia...................................................... 1127
Austria...................................................... 1143
Azerbaijan................................................... 1151
Belarus...................................................... 1169
Belgium...................................................... 1196
Bosnia and Herzegovina....................................... 1203
Bulgaria..................................................... 1219
Croatia...................................................... 1231
Cyprus....................................................... 1247
Area Administered by Turkish Cypriots (Turkish Republic of
Northern Cyprus)........................................... 1261
Czech Republic............................................... 1270
Denmark...................................................... 1281
Estonia...................................................... 1288
Finland...................................................... 1296
France....................................................... 1305
Georgia...................................................... 1319
Germany...................................................... 1345
Greece....................................................... 1357
Hungary...................................................... 1371
Iceland...................................................... 1391
Ireland...................................................... 1399
Italy........................................................ 1406
Kosovo....................................................... 1417
Latvia....................................................... 1432
Liechtenstein................................................ 1442
Lithuania.................................................... 1448
Luxembourg................................................... 1457
Macedonia.................................................... 1462
Malta........................................................ 1478
Moldova...................................................... 1486
Monaco....................................................... 1505
Montenegro................................................... 1509
Netherlands.................................................. 1531
Norway....................................................... 1541
Poland....................................................... 1550
Portugal..................................................... 1563
Romania...................................................... 1569
Russia....................................................... 1585
San Marino................................................... 1614
Serbia....................................................... 1618
Slovakia..................................................... 1630
Slovenia..................................................... 1644
Spain........................................................ 1655
Sweden....................................................... 1665
Switzerland.................................................. 1673
Turkey....................................................... 1682
Ukraine...................................................... 1704
United Kingdom............................................... 1724
Near East and North Africa
Algeria...................................................... 1735
Bahrain...................................................... 1749
Egypt........................................................ 1767
Iran......................................................... 1784
Iraq......................................................... 1823
Israel and the Occupied Territories.......................... 1845
The Occupied Territories................................... 1858
Jordan....................................................... 1884
Kuwait....................................................... 1898
Lebanon...................................................... 1909
Libya........................................................ 1924
Morocco...................................................... 1940
Oman......................................................... 1956
Qatar........................................................ 1965
Saudi Arabia................................................. 1975
Syria........................................................ 1992
Tunisia...................................................... 2008
United Arab Emirates......................................... 2018
Western Sahara............................................... 2031
Yemen........................................................ 2037
Volume III
South and Central Asia
Afghanistan.................................................. 2057
Bangladesh................................................... 2079
Bhutan....................................................... 2100
India........................................................ 2107
Kazakhstan................................................... 2139
Kyrgyz Republic.............................................. 2157
Maldives..................................................... 2176
Nepal........................................................ 2188
Pakistan..................................................... 2204
Sri Lanka.................................................... 2233
Tajikistan................................................... 2254
Turkmenistan................................................. 2265
Uzbekistan................................................... 2277
Western Hemisphere
Antigua and Barbuda.......................................... 2295
Argentina.................................................... 2301
Bahamas, The................................................. 2314
Barbados..................................................... 2323
Belize....................................................... 2330
Bolivia...................................................... 2338
Brazil....................................................... 2349
Canada....................................................... 2364
Chile........................................................ 2373
Colombia..................................................... 2384
Costa Rica................................................... 2411
Cuba......................................................... 2421
Dominica..................................................... 2434
Dominican Republic........................................... 2440
Ecuador...................................................... 2458
El Salvador.................................................. 2473
Western Hemisphere--Continued
Grenada...................................................... 2487
Guatemala.................................................... 2492
Guyana....................................................... 2507
Haiti........................................................ 2516
Honduras..................................................... 2534
Jamaica...................................................... 2546
Mexico....................................................... 2559
Nicaragua.................................................... 2576
Panama....................................................... 2592
Paraguay..................................................... 2605
Peru......................................................... 2615
Saint Kitts and Nevis........................................ 2631
Saint Lucia.................................................. 2636
Saint Vincent and the Grenadines............................. 2642
Suriname..................................................... 2648
Trinidad and Tobago.......................................... 2656
Uruguay...................................................... 2665
Venezuela.................................................... 2672
Appendixes
Appendix A: Notes on preparation of Report................... 2697
Appendix B: Reporting on Worker Rights....................... 2705
Appendix C: Selected International Human Rights Conventions.. 2707
Appendix D: Description of International Human Rights
Conventions in Appendix C.................................. 2715
Appendix E: FY 2010 Foreign Assistance Actuals............... 2717
Appendix F: United Nations General Assembly's Third Committee
Country Resolution Votes 2010.............................. 2737
Appendix G: United Nations Universal Declaration of Human
Rights..................................................... 2743
LETTER OF TRANSMITTAL
----------
Department of State,
Washington, DC, April 8, 2012.
Hon. John F. Kerry,
Chairman, Committee on Foreign Relations.
Dear Mr. Chairman: On behalf of the Secretary of State, I
am transmitting to you the Country Reports on Human Rights
Practices for 2011, prepared in compliance with sections
116(d)(1) and 502B(b) of the Foreign Assistance Act of 1961, as
amended, and section 505(c) of the Trade Act of 1974, as
amended.
We hope this report is helpful. Please let us know if we
can provide any further information.
Sincerely,
Michael H. Posner,
Assistant Secretary, Bureau of Democracy,
Human Rights, and Labor.
Enclosure.
(ix)
SECRETARY'S PREFACE
----------
The world changed immeasurably over the course of 2011.
Across the Middle East, North Africa, and far beyond, citizens
stood up to demand respect for human dignity, more promising
economic opportunities, greater political liberties, and a say
in their own future. Often they faced tremendous odds and
endured violent responses from their governments. The resulting
upheavals are still unfolding today in places like Syria, where
the regime has brutalized its own people. In Burma, after years
of repression, the government has taken preliminary steps to
allow reforms to begin. This year's Country Reports on Human
Rights Practices chronicle these dramatic changes and the
stories of the people defending human rights in almost 200
countries around the world.
Congress mandated these country reports more than three
decades ago to help guide lawmakers' decisions on foreign
military and economic aid, but they have evolved into something
more. Today, governments, intergovernmental organizations,
scholars, journalists, activists, and others around the world
rely on these reports as an essential update on human rights
conditions around the world--where we have seen progress, where
progress has come too slowly or at great cost, and all too
often, where it has been rolled back.
Our reports are founded on the simple truth at the heart of
the Universal Declaration of Human Rights--that all people are
born free and equal in dignity and rights. Respect for human
rights is not a western construct or a uniquely American ideal;
it is the foundation for peace and stability everywhere.
Universal human rights include the right of citizens to
assemble peacefully and to seek to reform or change their
governments, a central theme around the world in 2011. As
President Obama has said, ``History offers a clear verdict:
Governments that respect the will of their own people, that
govern by consent and not coercion, are more prosperous, they
are more stable, and more successful than governments that do
not.''
In my travels around the world as Secretary of State, I
have met many individuals who put their lives on the line to
advance the cause of human rights and justice. In ways small
and large, they hold their governments accountable for
upholding universal human rights. Their courage and commitment
to peaceful reform are an inspiration. This report recognizes
their bravery and should serve as a reminder: The United States
stands with all those who seek to advance human dignity, and we
will continue to shine the light of international attention on
their efforts.
These reports are part of our broad commitment to promote
human rights. Every day, officials from the State Department,
the U.S. Agency for International Development, and many other
government agencies devote themselves to advancing human rights
as a priority of U.S. foreign policy. They champion our values
in every country of the world and stand up for the inherent
rights and freedoms of all people. I am honored to work
alongside them, and I thank them for their contributions to
this report.
On behalf of all of them, and everyone around the world
working to protect human rights, I hereby transmit the
Department of State's Country Reports on Human Rights Practices
for 2011 to the United States Congress.
Hillary Rodham Clinton
Secretary of State
OVERVIEW AND ACKNOWLEDGMENTS
----------
WHY THE REPORTS ARE PREPARED
This report is submitted to the Congress by the Department
of State in compliance with Sections 116(d) and 502B(b) of the
Foreign Assistance Act of 1961 (FAA), as amended. The law
provides that the Secretary of State shall transmit to the
Speaker of the House of Representatives and the Committee on
Foreign Relations of the Senate by February 25 ``a full and
complete report regarding the status of internationally
recognized human rights, within the meaning of subsection (A)
in countries that receive assistance under this part, and (B)
in all other foreign countries which are members of the United
Nations and which are not otherwise the subject of a human
rights report under this Act.'' We have also included reports
on several countries that do not fall into the categories
established by these statutes and thus are not covered by the
congressional requirement.
In the early 1970s the United States formalized its
responsibility to speak out on behalf of international human
rights standards. In 1976 Congress enacted legislation creating
a Coordinator of Human Rights in the Department of State, a
position later upgraded to Assistant Secretary. Legislation
also requires that U.S. foreign and trade policy take into
account countries' human rights and worker rights performance
and that country reports be submitted to the Congress on an
annual basis.
How the Reports Are Prepared
The Department of State prepared this report using
information from U.S. embassies and consulates abroad, foreign
government officials, nongovernmental and international
organizations, and published reports. U.S. diplomatic missions
abroad prepared the initial drafts of the individual country
reports, using information they gathered throughout the year
from a variety of sources, including government officials,
jurists, the armed forces, journalists, human rights monitors,
academics, and labor activists. This information gathering can
be hazardous, and U.S. Foreign Service personnel regularly go
to great lengths, under trying and sometimes dangerous
conditions, to investigate reports of human rights abuse.
Once the initial drafts of the individual country reports
were completed, the Bureau of Democracy, Human Rights and Labor
(DRL), in cooperation with other Department of State offices,
worked to corroborate, analyze, and edit the reports, drawing
on their own sources of information. These sources included
reports provided by U.S. and other human rights groups, foreign
government officials, representatives from the United Nations
and other international and regional organizations and
institutions, experts from academia, and the media. Bureau
officers also consulted experts on worker rights, refugee
issues, military and police topics, women's issues, and legal
matters, among many others. The guiding principle was that all
information be reported objectively, thoroughly, and fairly.
As has proven the case in the past, we anticipate that the
reports will be used as a resource for shaping policy;
conducting diplomacy; and making assistance, training, and
other resource allocations. They will serve also as a basis for
the U.S. government's cooperation with private groups to
promote the observance of internationally recognized human
rights.
The Country Reports on Human Rights Practices cover
internationally recognized civil, political, and worker rights,
as set forth in the Universal Declaration of Human Rights.
These rights include freedom from torture or other cruel,
inhuman, or degrading treatment or punishment; from prolonged
detention without charges; from disappearance or clandestine
detention; and from other flagrant violations of the right to
life, liberty, and the security of the person.
Universal human rights seek to incorporate respect for
human dignity into the processes of government and law. All
individuals have the right to nationality; the inalienable
right to change their government by peaceful means; and the
right to enjoy basic freedoms, such as freedom of expression,
association, assembly, movement, and religion without
discrimination on the basis of race, religion, national origin,
or gender. The right to join a free trade union is a necessary
condition of a free society and economy. Thus the reports
assess key internationally recognized worker rights, including
the right of association, the right to organize and bargain
collectively, the prohibition of forced or compulsory labor,
the status of child labor practices, the minimum age for
employment of children, and acceptable work conditions.
As was begun with the 2010 reports, DRL has continued to
use hyperlinks to other key human rights documents produced by
the Department of State. Specifically, readers are asked to
follow hyperlinks for complete information on religious freedom
issues by consulting the International Religious Freedom Report
and the Trafficking in Persons Report. Additionally, the
Department of Labor's Findings on the Worst Forms of Child
Labor report is linked, as well as the several current
publications produced by the Department's Consular Affairs
Bureau on international child abductions, if applicable to the
country in question.
Within DRL, the editorial staff of the Country Reports Team
consists of the following: Editor in Chief Stephen Eisenbraun;
Office Directors Eric Falls, Randy Fleitman, Francisco
Gonzalez, Jeffrey Hawkins, John Kincannon, Mark Mittelhauser,
Susan O'Sullivan, and Brian Walch; Senior Editors Jonathan
Bemis, Sarah Buckley-Moore, Douglas B. Dearborn, Daniel Dolan,
Jerome L. Hoganson, Victor Huser, Patricia Meeks Schnell, Marc
J. Susser, and Julie Turner; Editors Naim Ahmed, Mitch Alva,
Pauline W. Anderson, Cory Andrews, Mary Angelini, Bob Bailey,
Chase Ballinger, Harold Bonacquist, Sarah Brooks, Laura Carey,
Elise Carlson-Rainer, Cornelius Cremin, Frank Crump, Sarah
D'Ambrisi, Randall Doyle, Mort Dworken, Rob Ehrmann, Ryan
Fiorsi, Karen Gilbride, Joan Garner, Carrie George, Jeffrey
Glassman, Jamie Gusack, Maxwell Harrington, Patrick Harvey,
Lauren Hayes, Caitlin Helfrich, Matthew Hickey, Brandon Hines,
Alexandra Hoey, Stan Ifshin, Simone Joseph, Mancharee Junk,
Gina Kassem, Yelda Kazimi, Katharine Kendrick, Orly Keiner,
Stephen Kopanos, Sheri Labenski, Kevin Martin, Stacey May, Cari
McCachren, Amelia Mitchell, David Moo, Sarah Morgan, Amal
Moussaoui Haynes, Sandra Murphy, Daniel L. Nadel, Aislyn
Namanga, Oyinkansola Oshodi, Doug Padgett, Blake Peterson,
Brianna Powers, Jessica Rodgers, Peter Sawchyn, Lisa Sherman,
Wendy Silverman, Magda Socha, Rachel Spring, Jason Starr,
Leslie Taylor, James C. Todd, Nadia Tongour, David Wagner,
Micah Watson, Andrew White, Helen Wong and Mareham Youssef;
Associate Editor Regina Waugh; Technical Assistant Corey
Martin.
INTRODUCTION
----------
On January 14, Tunisian president Zine el-Abedine Ben Ali
boarded a plane in Tunis with his family and departed for Saudi
Arabia. Twenty-seven days later, Egyptian President Hosni
Mubarak resigned. After eight months of brutal attacks on
Libyans seeking peaceful change, Moammar Qadhafi was
overthrown. For the first time in history, the Yemeni President
transferred power through the ballot box. Forces loyal to
Syrian President Bashar al-Asad have committed heinous and
widespread human rights abuses against their own people since
March 2011, and yet the protesters have not been cowed.
These still unfolding citizen uprisings in the Middle East
and North Africa have sent aftershocks rumbling around the
world. Millions of citizens in many other countries have also
expressed their dissatisfaction with governments that fail to
deliver results to their people. Whether in grand movements or
small acts, people in countries around the world are standing
up and demanding their universal rights, dignity, greater
economic opportunity, and participation in their countries'
political future.
The yearning for change we have witnessed in Tunisia,
Egypt, Libya, Yemen, and Syria is inspirational, and yet change
often creates instability before it leads to greater respect
for democracy and human rights. After decades of repression,
during which open political participation was not allowed, it
will take time to create diverse political parties, a robust
civil society, a climate conducive to freedom of expression,
and a transparent political culture. Transitions are times of
uncertainty. They can be chaotic, unstable, and at times
violent. And even when they succeed, they are rarely linear,
quick, or easy. The challenge during these transitions is to
keep societies open to political debate. Protecting human
rights and fundamental freedoms ensures that negotiations over
a country's future can take place without fear or intimidation,
and that anti-democratic forces do not snuff out genuine
political participation. As Secretary Clinton said, ``All
political parties, religious and secular alike, have to abide
by basic ground rules: reject violence; uphold the rule of law;
respect the freedoms of speech, religion, association, and
assembly; protect the rights of women and minorities; give up
power if you are defeated at the polls; and especially in a
region with deep divisions within and between religions, avoid
inciting sectarian conflicts that pull societies apart.'' If
these fundamental rules are violated, she warned, ``The victors
of revolutions can become their victims.''
In the turmoil of 2011, thousands of citizens were killed
across Tunisia, Egypt, Libya, Bahrain, Yemen, and Syria. Many
others were abused by security forces that used excessive
force. But the images of demonstrators who had seemingly lost
all fear, risking their lives to oppose governments they deemed
illegitimate, inspired people around the world. Even in the
most isolated places, the desire for greater freedom and
political and economic opportunity began to flicker.
The year 2011 brought remarkable changes in Burma, long
isolated because of the government's poor treatment of its own
people. In dramatic fashion, the Burmese government took a
number of bold steps to begin the long and difficult process of
political reform and reconciliation with those who have
struggled peacefully for freedom for decades. In last year's
report, we wrote about the dire situation of hundreds of
political prisoners who remained in jail in Burma, some of whom
had been imprisoned for decades for taking part in protests or
simply for reading ``subversive'' poetry. In October 2011, the
government released more than 200 of these prisoners. As next
year's country report will cover, in January 2012 the Burmese
government released 300 more, including some who had been
detained for many years, and allowed the National League for
Democracy to register and field candidates for parliamentary
elections, including party leader Aung Sun Syu Kyi.
Burma offers an example of a government moving towards a
model of greater openness, democracy, and liberty, attributes
that can lead to greater innovation, prosperity, and inclusion.
Much remains to be done to implement reforms and especially to
address the legacy of decades of violence against ethnic
minorities. But the size of the task ahead does not diminish
the excitement of these first steps, or the sense of
possibility they may inspire in other closed societies, such as
Iran, North Korea, Uzbekistan, Eritrea, or Sudan.
Several other countries also took important steps in 2011
toward improving their human rights records, although more work
remains to be done. In Colombia, the government worked to
address the climate of impunity with respect to harassment,
intimidation, and killings of human rights workers,
journalists, teachers, and trade unionists. Extrajudicial
killings declined in large measure due to efforts by the
government to stop such crimes. In Zambia, presidential,
parliamentary, and local elections held in September were free,
credible, and orderly. The incumbent president relinquished
power and accepted the will of the Zambian people. In Tunisia,
citizens held transparent and credible elections for a
Constituent Assembly, which in turn elected a former political
prisoner as the country's interim president. The country is now
rewriting its constitution.
Along with such hopeful developments, this report documents
a range of negative developments in 2011. A number of countries
became less free as a result of flawed elections; the
imposition by powerful leaders of less democratic
constitutional provisions; restrictions on the universal rights
to freedom of expression, assembly, or association, including
on the Internet; moves to censor or intimidate the media; or
attempts to control or curtail the activities of
nongovernmental groups. In Nicaragua, extensive irregularities
in the electoral process marked a setback to democracy and
undermined the ability of Nicaraguans to hold their government
accountable.
Other disturbing trends in 2011 include continued
persecution of religious minorities, including, but not limited
to, Ahmadis, Bahais, Tibetan Buddhists, Christians, Jews, and
others. In many countries there was an uptick in discrimination
against members of racial and ethnic minorities; people with
disabilities; and lesbian, gay, bisexual, or transgender (LGBT)
people, all of whom were frequent targets of abuse,
discrimination, and violence. In some countries medical
personnel were harassed, intimidated, and arrested. Both
governments and opposition forces tried to prevent humanitarian
assistance from reaching civilians in dire circumstances.
Egypt and Kyrgyzstan held historic elections that were
deemed to be generally free and fair. Yet the elections in
these countries, as well as the standoff following the 2010
presidential election in Cote d'Ivoire, provided a poignant
reminder that elections are a critical but insufficient element
in genuine transitions to democracy and the rule of law.
Committed citizens in each of these countries continued to work
toward building the habits and institutions of democratic
governance, including a political culture in which electoral
losers understand they must cede power, and elected
representatives wield power fairly.
Overall human rights conditions remained extremely poor in
many of the countries that were spotlighted in our 2010 country
reports, including, but not limited to, Iran, North Korea,
Turkmenistan, Uzbekistan, Syria, Belarus, and China.
Several broader trends were prominent in 2011. New
connective technologies spread news of citizen activism, and
political change, around the world. People continued to find
innovative ways to use technology to break down the walls of
fear and isolation that undemocratic governments erected to try
to keep their populations quiescent. They used these
technologies to speak out against societal discrimination,
corruption, and restrictions on civil and political liberties
that are keeping them from enjoying equal rights, dignity, or
respect. Yet repressive regimes also used those same
technologies to spy on their own citizens for the purposes of
silencing dissent.
As we consider the implications of connective technologies
on human rights and democracy, we realize that technology
itself does not usher in progress on human rights. People do.
Technology can help people exercise their universal human
rights, connect with others across borders, and transcend time
zones and even language barriers. But technology is a platform,
not a substitute for political organizing, advocacy, or
persuasion. The Internet does not bring people into the street.
Grievances do. The Internet did not spark the Arab Spring.
Injustice did.
Because the story of how people express themselves,
associate with one another, and share ideas and opinions is
increasingly unfolding online, protecting and promoting
Internet freedom is a core priority of the United States. We
report on its status in the pages that follow.
We also report on the status of media freedom, which
remained poor in many countries and declined in others. The
year 2011 brought an increase in the number of journalists and
bloggers silenced to death or jail as they attempted to bring
news to the public. These reports also chronicle the many ways
in which some governments attempted to censor the media through
regulations or laws that are contrary to the universal right to
freedom of expression and opinion, and through harassment,
intimidation, or violence. In Ecuador and Venezuela, government
actions against independent media outlets had a chilling effect
on media freedom.
This year's reports highlight the treatment of marginalized
people, including LGBT people and people with disabilities. Too
many countries still criminalize consensual same-sex sexual
activity, and LGBT people face discrimination and violence in
many more countries. We continue to focus on other vulnerable
populations, including women and children. Domestic and
societal violence and discrimination against women continue to
be serious problems in many countries. Women and children are
often the first to suffer during conflicts.
In addition, we continue to monitor challenges to civil
society organizations promoting respect for human rights and
democratic transitions in their own countries. In last year's
Human Rights Reports, we noted a surge in efforts by repressive
governments to control and stifle independent non-governmental
organizations (NGOs). Over the last several years, more than 90
governments have sought to pass laws that hampered the ability
of NGOs to register, operate freely, or receive foreign
funding. In a number of countries, including Egypt, Ethiopia,
Malaysia, Algeria, Cambodia, and Russia, governments have
imposed or threatened greater restrictions on foreign funding
of these organizations, taken other measures that severely
hamper their operations, or sought to intimidate them or shut
them down completely. In many other places, the work of these
organizations is misunderstood, or actively misrepresented by
insecure governments that fear independent scrutiny of their
actions. These trends intensified in 2011, when we saw a sharp
escalation of official restrictions on the work of human rights
and democracy advocates.
As President Obama has said, societies change from within.
Civil society organizations lead that change by engaging
citizens in conversations about how people want to be governed.
These organizations spotlight human rights abuses, fight
discrimination, and monitor whether authorities are upholding
the rule of law. They speak out against the exclusion,
persecution, or hatred of vulnerable minorities, and document
where their societies fall short. By holding up a mirror to
society, they ask their governments and their citizens to do
better and to be better. In all of these ways, civil society
groups are the lifeblood of free and open societies, and they
are most vital in countries where democratic traditions and
institutions are just beginning to take root.
The events of 2011, as documented in these pages, remind us
once again that human rights and global security are
inextricably linked. From Tunis to Tehran, from Cairo to
California, from Moscow to Rangoon, citizens were ever more
interconnected and so were the interrelationships between their
freedoms, economic opportunity, and the security and prosperity
of their societies.
Around the world, we see that where human rights are
consistently abused or threatened, by authorities or by
criminal, sectarian, or other undemocratic groups that enjoy
impunity, the result is frequently political strife, economic
contraction, and destabilization that too often spills across
borders. In contrast, where human rights are respected, the
rule of law is enforced, and government actions are
transparent, societies are more stable and secure. People who
feel empowered to engage in the political process and who see
their rights respected are less likely to join extremist groups
that threaten domestic tranquility and international stability.
They gradually develop a greater trust of their government
and feel a greater stake in the success of the system. In this
way, respect for human rights builds political stability and
lays the foundations for democratization, economic growth,
shared prosperity, and enhanced global security.
This critical connection between human rights and national
security plays out repeatedly in the pages that follow. It will
continue to play out in the transitions to democracy occurring
in the Arab world and beyond. The people who took to the
streets to demonstrate in Tunis, Cairo, Tripoli, and Sanaa have
proven that change can come without turning to extremism. In
2011 we saw too many governments crack down in the name of
restoring order when their citizens demanded universal human
rights and a voice in how they were governed. These acts of
repression triggered more confrontation, more chaos, and
ultimately greater instability. The events of the year showed
that the real choice is not between stability and security; it
is between reform and unrest.
I want to add a word about the production of these reports.
Each year, they are prepared by human rights officers at U.S.
embassies and other posts around the world, working with their
counterparts in Washington, D.C. Each country team collects,
analyzes, and synthesizes information from a variety of
sources, including domestic and international human rights
organizations, other governments, multilateral organizations,
and members of civil society. Once the reports are drafted,
they are rigorously edited, reviewed, and fact-checked to
ensure accuracy and objectivity.
This year, we made the human rights reports easier to read
online. Readers can jump directly to topics of interest with a
new table of contents, share reports on social media, and
research topics across countries with the Build a Report tool.
Our goal is to allow readers to gather information quickly
across regions on the issues that most interest them.
We have also attempted to make the reports more accessible
to a broader spectrum of readers. Over the past 35 years, the
length of the human rights reports had expanded, even as
Congress mandated separate annual reports on the status of
international religious freedom and human trafficking. This
year, we have developed a streamlined format for each country
report. As a result, we do not attempt to catalog every
incidence, however egregious, of a particular type of human
rights abuse in a country. Rather, we spotlight examples that
typify and illuminate the types of problems frequently reported
in 2011 in that country. The mention of fewer cases in a
particular report should not be interpreted as a lessening of
concern for the overall human rights situation in any
particular country. Rather, our goal is to shed light on the
nature, scope, and severity of the reported human rights
abuses. For the first time, we have also added an executive
summary at the top of each report. We hope readers will find
these changes useful.
2011 Country Highlights
AFRICA
Internal conflicts in the East, particularly in the North
and South Kivu and Orientale provinces, continued to plague the
Democratic Republic of Congo. Human rights abuses were
committed by all parties to the conflict. Reported human rights
abuses included killings, disappearances, and torture. Rebel
and militia groups and some army units engaged in the illegal
exploitation and trade of natural resources in the east.
Foreign rebel and militia groups and some local militias formed
coalitions, battled government forces, and attacked civilian
populations. State security forces arrested, illegally
detained, raped, tortured, or summarily executed civilians and
looted villages during military actions against rebels.
Fighting in the East impeded humanitarian aid in some areas,
exacerbating an already severe humanitarian crisis that affects
some 1.7 million displaced persons. Impunity remained a
significant problem. The deeply flawed election in November was
accompanied by disappearances and restrictions on freedoms of
assembly, expression and movement.
Widespread human rights violations continued in Eritrea,
where the government is under the control of authoritarian
President Isaias Afwerki. The government forced men and women
to participate in the national service program from which there
were no clear criteria for demobilization, and persons worked
indefinitely in any location or capacity chosen by the
government. Security forces tortured and beat army deserters,
draft evaders, persons attempting to flee the country, and
members of certain religious groups. Harsh prison and detention
center conditions, which included unventilated and underground
cells with extreme temperatures, led to multiple deaths. The
government controlled all media. It reportedly continued to
detain more than 30 journalists, providing no information about
their places of detention.
In Ethiopia, the government continued to repress civil
society, including the media. The government arrested more than
100 opposition figures, activists, journalists, and bloggers,
charging several of those arrested with terrorist or seditious
activity. However, observers found the evidence presented at
trials to be either open to interpretation or indicative of
acts of a political nature rather than linked to terrorism. The
Charities and Societies Proclamation (CSO law) continued to
impose severe restrictions on civil society and NGO activities.
As a result of the law, civil society activities have been
severely curtailed. The government also restricted access to
the Internet and blocked the websites of news organizations,
opposition sites, and blogs.
In Nigeria, a campaign of attacks by the radical Islamist
sect known as Boko Haram intensified during the year and
violence spread to more areas of the country. The group
committed bombings and drive-by shootings, assassinated
religious leaders, security personnel and politicians, attacked
police stations and banks, and conducted suicide bombings. In
Maiduguri, Borno State, shootings and bombings were a weekly
and sometimes daily occurrence, with violence also occurring in
neighboring states. In August, Boko Haram targeted an
international organization for the first time, bombing the U.N.
House headquarters in Abuja and killing 24 persons. The
government deployed the Joint Task Force, which committed
extrajudicial killings during attempts to apprehend Boko Haram
members. The April 2011 general elections were Nigeria's most
successful since its return to multiparty democracy in 1999.
However, postelection violence erupted in the north and in the
Middle Belt States, resulting in loss of lives, property
damage, and restrictions of movement.
The Government of Sudan continued to conduct aerial
bombardment of civilian areas. In Darfur, fighting involved
government forces, government-aligned militias, rebel groups,
and ethnic groups. These groups killed, injured, and raped
civilians, and used child soldiers. During the year violence
broke-out in the disputed border area of Abyei, as well as in
the Sudanese states of Southern Kordofan and Blue Nile. The
violence in these areas resulted in widespread civilian
displacement and human rights abuses. Human rights abuses in
Sudan went unpunished and impunity remained a serious problem.
Parties to the conflicts obstructed the work of humanitarian
organizations and the United Nations. In addition, the
government also continued to crack down on journalists and
restrict freedoms of speech, assembly, association, religion,
and movement, and security forces continued to kill, torture,
beat, and harass suspected political opponents and others.
In Zimbabwe, the chronically bad human rights situation did
not improve. Despite a fledgling Government of National Unity,
the government remains mostly under the control of President
Mugabe's political party, Zimbabwe African National Union-
Patriotic Front (ZANU-PF), which retains authority over the
military, police and intelligence services. These security
services continued to arrest, abuse, and torture non-ZANU-PF
party members and civil society activists with impunity. The
government infringed on citizens' freedoms of speech, assembly,
association, and movement. Executive influence and interference
in the judiciary remained a serious problem, and NGOs reported
that magistrates were promised farms and homes for providing
rulings favorable to ZANU-PF. In rural areas ZANU-PF
sympathizers used threats and intimidation against local
magistrates to gain favorable rulings.
EAST ASIA AND PACIFIC
Burma took important steps to improve human rights
conditions in 2011, including the release of hundreds of
political prisoners and the adoption of a labor law that, when
implemented, can provide workers the right to organize and
strike. In November, following the adoption of a revised
political party registration law, Aung San Suu Kyi's National
League for Democracy and other opposition parties were allowed
to re-register as legal political parties. However, significant
human rights problems persisted, including military harassment
and abuse of activists promoting human rights and democracy,
and denial of the rights to freedom of expression, association,
assembly, religion, and movement. The government detained
activists indefinitely and without charges and regime-sponsored
mass-member organizations harassed and abused them. Authorities
arrested, detained, convicted, and imprisoned citizens for
expressing political opinions critical of the government. The
government took initial steps in 2011 toward lifting some of
the longtime restrictions on the media. If implemented, these
measures would lay the groundwork for meaningful freedom of
expression in the country.
In China, the human rights situation deteriorated,
particularly the freedoms of expression, assembly, and
association. The government exercised tight control over
Internet access and content. Members of civil society,
including human rights activists, journalists, writers, and
dissidents, were harassed and detained. Public interest lawyers
who took cases deemed sensitive by the government faced
disbarment and the closure of their firms, and in some cases
were subject to arrest and detention. Activists, dissidents,
and members of religious minorities were denied the freedoms to
assemble, practice their religions, or travel. The government
stepped up efforts to silence political activists and resorted
to extralegal measures, including enforced disappearance,
``soft detention,'' and strict house arrest, including house
arrest of family members, to prevent the public voicing of
independent opinions. Abuses peaked around high-profile events,
such as visits of foreign officials, sensitive anniversaries,
and in response to calls for ``Jasmine revolution,'' protests.
In Tibet, at least 12 monks and nuns immolated themselves to
protest political restrictions and lack of religious freedom.
Vietnam's May elections were neither free nor fair, since
all candidates were required to pass vetting by the
authorities. The government severely restricted political
rights, including the freedoms of expression, assembly,
movement, and association. It also restricted access to
Internet content, and monitored bloggers. There were confirmed
reports of attacks against websites critical of the Vietnamese
government. Peaceful political activists were arbitrarily
arrested, detained, and sentenced to prison; those alleged to
have ties to foreign-based pro-democracy groups were particular
targets. And 19 people reportedly died in police custody,
including a man beaten while in detention for a traffic
violation. At year's end, the government reportedly held more
than 100 political detainees, although some international
observers claimed there were more. Independent nongovernmental
organizations were not permitted, and corruption was a problem
in the judiciary as well as at various levels in the police.
Prosecution of officials who committed abuses was inconsistent.
EUROPE
Conditions in Belarus remained poor following the flawed
presidential election of December 2010. Security forces beat
protestors and detainees, and there were credible reports of
torture. Trials were conducted behind closed doors or in
absentia with verdicts predetermined. Five of the nine
candidates who opposed incumbent Alyaksandr Lukashenka in the
presidential election were tried and convicted. Individuals
were detained for civic activism. For example, during the June-
September ``silent'' demonstrations organized via Internet,
police detained more than 2,000 people and sentenced many of
them to large fines or up to 15 days of administrative
detention. The government targeted for harassment
representatives of nongovernmental organizations, journalists,
and political activists following the presidential elections
and further restricted freedom of association.
In Russia, domestic and international monitors reported
significant irregularities and fraud in many regions during the
December elections to the State Duma, but also highlighted
unprecedented civic involvement by Russians committed to trying
to improve the process. There were large demonstrations in
major cities protesting the conduct of the elections. While
freedom of expression on the Internet and in some print media
continued, self-censorship and the government's ownership of
and pressure on some print and most broadcast media outlets
limited political discourse. Attacks on and killings of
journalists and activists continued. Individuals who challenged
the government or well-connected business interests sometimes
faced physical attack, harassment, increased scrutiny from
government regulatory agencies, politically-motivated
prosecutions, harsh detention conditions, and other forms of
pressure. In the North Caucasus, the conflict among the
government and insurgents, Islamist militants, and criminal
elements led to numerous human rights abuses by security forces
and insurgents.
In Ukraine, former Prime Minister Yulia Tymoshenko and 12
other senior members of her government were charged with abuse
of power and misuse of state funds during their tenure. Three
have been convicted, including Tymoshenko and former interior
minister Yuriy Lutsenko. Two others remain in custody, and the
former minister of the economy, Bohdan Danylyshyn, fled the
country and was granted political asylum in the Czech Republic.
Many domestic and foreign observers considered the prosecutions
to be politically motivated.
NEAR EAST
In Bahrain, mass protests began in February calling for
political reform and expanded civil rights for members the Shia
majority. The government imposed a state of emergency, or
``State of National Safety,'' from March 15 to June 1, during
which time military and civilian security forces committed a
number of human rights violations, including torture, arbitrary
detentions, limitations on freedoms of speech and association,
and lack of due process. Public employees were dismissed from
their jobs for participating in protests, and individuals were
prosecuted in both state security courts and civilian courts.
In July, the king established the Bahrain Independent
Commission of Inquiry (BICI), which determined that 13 Bahraini
civilians died at the hands of security forces and an
additional five as a result of torture. Individuals who
expressed critical opinions, including through music and social
media, faced arrest, were subjected to extended detention, or
prosecution. In its November 23 report, the BICI described a
``culture of impunity'' created by a lack of accountability of
security officials during the unrest. Over the course of 2011,
some political prisoners were released and some dismissed
employees were reinstated, but other prosecutions of
journalists, activists, and oppositions figures for their
alleged anti-government activities continued. After the release
of the report, the government began to take steps to implement
the recommendations of the BICI, such as allowing access to
prisons by the International Committee of the Red Cross,
establishing a process to address worker reinstatements in
collaboration with the trade union and employers, and
restructuring oversight mechanisms in the Ministry of Interior
and Bahrain National Security Agency.
In Egypt, massive street demonstrations culminated in the
February 11 resignation of President Hosni Mubarak and the
transfer of executive authority to the Supreme Council of the
Armed Forces. A March 2011 referendum for a new constitution,
and voting in parliamentary elections conducted from November
2011 through February 2012, were considered the freest in
decades. However, human rights abuses were rampant during the
uprising and continued after Mubarak's resignation. Attacks on
demonstrators by security forces and clashes among
demonstrators killed more than 900 people; female protesters
were subjected to harassment and so-called ``virginity tests,''
and journalists and bloggers were detained for criticizing the
military. Sectarian violence escalated over the course of the
year, with more than 90 people, primarily Coptic Christians,
killed in religious clashes. Few perpetrators of abuses were
held accountable.
The government of Iran continued to deny its citizens human
rights, including the freedoms of expression, assembly,
association, movement, and religion. It sentenced hundreds of
people to death and carried out hundreds of executions without
due process. It cracked down on all forms of dissent, arresting
and detaining activists, opposition leaders, lawyers,
journalists, artists, and academics. It executed juveniles,
tortured political prisoners, and detained more journalists
than nearly any country in the world. It limited the rights of
citizens to peacefully change their government through free and
fair elections, and also placed under house arrest for most of
the year the two leaders of the main opposition movement,
arbitrarily arrested their supporters, closed their websites
and newspapers, and harassed their families. The Iranian
government arrested, tortured, and prosecuted many for dissent,
including demonstrators who rallied in solidarity with
protesters in Tunisia and Egypt. It continued to mistreat
women, LGBT people, and members of ethnic and religious
minorities. Government officials made anti-Semitic statements,
and disproportionately targeted members of minority groups,
including Kurds, Arabs, Azeris, and Baluchis, for arbitrary
arrest, prolonged detention, and physical abuse. The government
also isolated its citizens by imposing severe restrictions on
the Internet.
Iraq's most significant human rights abuses included
reports of unlawful killings and violence, torture, impunity,
disappearances, and widespread corruption. Abuses were
committed by sectarian and ethnic armed groups and government-
affiliated forces. Both terrorist groups, principally Sunni,
such as al-Qaida in Iraq, and militant organizations, largely
Shia, committed attacks against members of other sects or
ethnic groups, security forces, places of worship, religious
pilgrims, economic infrastructure, and government officials.
Through suicide bombings, attacks with improvised explosive
devices, drive-by shootings, and other acts of violence, the
groups aimed to weaken the government and deepen sectarian
divisions.
In Libya, a revolution ended the Qadhafi regime, which
perpetrated systematic human rights abuses throughout its four-
decade rule and was also responsible for the majority of
civilian deaths and abuses during the seven-month conflict in
2011. Abuses were committed by various actors in 2011,
including after the conflict, and often with impunity. These
included disappearances, extrajudicial killings, arbitrary
arrests, abuse and lack of review in detention, and violence
and widespread discrimination against migrants and members of
some ethnic minorities. Following Qadhafi's death on October 20
and the takeover of his last stronghold in Sirte, the
Transitional National Council declared the country's
``liberation'' on October 23 and remained an arm of the interim
government engaged in transition planning. The interim
Government of Libya expressed support for the protection of
human rights for all people in Libya, but due to weak
institutions, limited capacity, and a lack of control over the
security environment, its ability to enforce the rule of law
was limited. Continuing violence, organizational dysfunction,
and corruption led to ongoing human rights abuses, particularly
in the areas outside government control.
In Syria, nonviolent antigovernment demonstrations began in
mid-March and continued throughout 2011. The government of
President al-Asad used indiscriminate and deadly force to quell
peaceful protests throughout the country and launched military
assaults on several of its own cities. Government forces
deprived cities of electricity, water, and medical services,
and restricted entry and exit for approximately 20 days while
using military weaponry on buildings, mosques, and other
civilian targets. Despite the regime's November 2 agreement to
an Arab League plan to engage in reforms and cease killing
civilians, it continued to use deadly force against peaceful
protesters. At the year's end, activists reported ongoing
arrests, torture, intimidation, rape, extra-judicial killings
and the use of military force against civilians. The government
attempted to stop the flow of information about state violence,
including by banning smart phones that had been used to
document state violence against civilians, including children.
Nonetheless, images of protesters allegedly being beaten,
arrested, and killed continued to be smuggled out of the
country and to appear on social media sites such as YouTube and
Facebook. As next year's Human Rights Reports will cover, the
situation deteriorated sharply early this year, with the
government waging massive military operations against cities
and towns, and laying siege to Homs and other cities. As of
March, the United Nations estimated that more than 9,000
civilians had been killed since the beginning of the
demonstrations. Efforts by the International Committee of the
Red Cross to provide humanitarian assistance and medical care
to besieged civilians were frequently thwarted by state forces.
The Arab Spring began in Tunisia in December 2010, when a
young vendor named Mohammed Bouazizi set himself on fire in
front of the headquarters of the provincial government to
protest the confiscation of his goods by the police and the
refusal of local officials to hear his complaint. That action,
and the weeks of protests it sparked, ultimately toppled the
Ben Ali regime. On October 23, a Constituent Assembly, the body
that will draft a new constitution and appoint a new interim
government, was elected. The proceedings were considered free
and fair and marked the first open, inclusive, and truly
democratic election in Tunisia's history. Overall, the January
Revolution created an extraordinary opening for the protection
of human rights in Tunisia. Under Ben Ali's 23-year
dictatorship, human rights were systematically ignored. After
the Revolution, restrictions on freedom of expression,
assembly, and association diminished significantly. Exiled
activists returned, political prisoners were released, and
civil society and human rights activists pursued their work
without disruption or intimidation by the state.
South and Central AsiaAfghanistan experienced continuing
human rights challenges in 2011, including armed insurgent
groups' killings of persons affiliated with the government and
indiscriminate attacks on civilians. Corruption was pervasive.
International organizations documented cases of alleged torture
and abuse of detainees by the National Directorate for Security
and Afghan National Police. Violence and discrimination against
Afghan women and girls remained widespread, and in many cases,
the police did not respond to such abuses. Women active in
public life faced threats and violence and were attacked by the
Taliban and other insurgents. A political dispute continued
during the year over President Karzai's appointment of a
special tribunal, not envisioned in the constitution, to
adjudicate the disputed 2010 election results, until it was
resolved in accordance with Afghan law in August.
In October, Kyrgyzstan experienced its first peaceful
transfer of power in the republic's 20-year history. The
elections, in which Almazbek Atambayev, the sitting prime
minister, became president, were deemed generally transparent
and competitive by independent observers. Ethnic tensions that
had erupted in clashes in the south of Kyrgyzstan in 2010
continued in 2011, as did pervasive discrimination against
ethnic Uzbeks and members of other minority groups. Law
enforcement officers in the south reportedly committed such
violations as arbitrary arrest, mistreatment, torture, and
extortion against all demographic groups, but particularly
against ethnic Uzbeks. The central government's inability to
hold human rights violators accountable allowed security forces
to act arbitrarily, emboldening law enforcement to prey on
vulnerable citizens. Further, the weakness of central authority
empowered mobs to disrupt dozens of trials by attacking
defendants, attorneys, witnesses, and judges.
Pakistan continued to struggle with extrajudicial killings,
torture, and forced disappearances committed by security forces
and by extremist or separatist groups. These affected thousands
of citizens in nearly all areas of the country. Both militant,
terrorist, or extremist groups and security forces committed
human rights abuses. Religious tensions remained high. On
January 4, Punjab Governor Salman Taseer was assassinated by
his bodyguard because of his opposition to the blasphemy law,
which was used to clamp down on freedoms of expression and
religion. On March 2, Federal Minister for Minorities Shabbaz
Bhatti, the only Christian in the Pakistani Cabinet, was shot
to death. Bhatti also was an outspoken critic of the blasphemy
law. The political, sectarian, and ethnic violence that has
long plagued Karachi worsened during the year due in part to a
large influx of Sindhi, Baloch, and Pashtun migrants following
the 2005 earthquake and 2010 floods. Political parties and
their affiliated gangs vied for political and economic control
over these new populations. It was estimated that between 925
and 1,400 persons were killed due to sectarian and political
violence in Karachi between January and August.
In Sri Lanka, disappearances and killings pro-government
paramilitary groups continued, predominantly in Tamil areas.
There were persistent reports of close, ground-level ties
between paramilitary groups and government security forces.
Civil society activists, persons viewed as Liberation Tigers of
Tamil Eelam sympathizers, and journalists were attacked,
intimidated or harassed by persons allegedly tied to the
government. Torture and abuse of detainees and poor prison
conditions remained a problem, and authorities arbitrarily
arrested and detained citizens. A number of suspects died in
detention under questionable circumstances. There was official
impunity for a wide range of such human rights abuses. The
president used his authority under the 18th Amendment, which
passed in September 2010, to take greater control of
appointments to previously independent public institutions that
oversee compliance by the judiciary and the police, and with
Sri Lanka's human rights obligations. A disproportionate number
of victims of human rights abuses were Tamils.
In Uzbekistan, the centralized executive branch dominated
political life and exercised nearly complete control over the
other branches of government. Security forces reportedly
tortured and abused detainees. Criminal suspects were denied
due process and fair trial. Religious freedom was restricted,
and religious minority group members were harassed and
imprisoned. Other continuing human rights problems included:
incommunicado and prolonged detention; harsh and sometimes
life-threatening prison conditions; arbitrary arrest and
detention; restrictions on freedoms of speech, assembly, and
association; governmental restrictions on civil society
activity; restrictions on freedom of movement; restrictions on
the media; violence against women; and government-organized
forced labor in cotton harvesting. Authorities subjected human
rights activists, journalists, and others who criticized the
government to harassment, arbitrary arrest, and politically
motivated prosecution and detention. Government officials
frequently engaged in corrupt practices with impunity.
Western HemisphereIn Cuba, the government continued its
systemic repression of human rights and fundamental freedoms,
including freedoms of speech, assembly, and association, and
imposed severe restrictions on the media. The government
strictly controlled all access to information. Human rights
advocates were detained arbitrarily with increasing frequency;
the number of short-term detentions doubled from 2010 to 2011.
The government continued to organize mobs intended to
intimidate opposition groups, particularly the Damas de Blanco
(``Ladies in White''). These acts of repudiation (``actos de
repudio'') were particularly aggressive in July and August, and
in October the government belied its claim that the mobs were
spontaneous by announcing that it would deploy them to prevent
the Damas de Blanco from marching peacefully. Government
officials and government-organized mobs detained, harassed, and
assaulted dozens of peaceful human rights activists,
journalists, and others to prevent them from marking Human
Rights Day on December 10. Almost 800 detentions were recorded
in December, a 30-year high.
Honduras had an extremely high murder rate, and crime and
human rights abuses continued at very high levels. As in much
of Central America, violence was perpetrated by gangs and drug
trafficking organizations, and was a significant problem. The
Honduran police force had deep-seated and unaddressed
corruption problems, and police officers targeted vulnerable
persons, including LGBT people. Four journalists were murdered.
On December 7, unknown gunmen on a motorcycle shot and killed
former senior government advisor on security Alfredo
Landaverde. In the weeks preceding his death, Landaverde
alleged that the National Police leadership was linked to
organized crime and called for a clean-up. Police, vigilantes,
and former members of the security forces carried out arbitrary
and summary killings. The Honduran government established an
independent internal affairs office and an outside police
reform commission to address corruption in the National Police.
In the Bajo Aguan region, there continued to be reports of
killings of private security guards, agricultural workers, and
security forces related to a land dispute.
In Mexico, the most serious human rights challenges in 2011
emanated from the country's fight against organized crime,
which involved frequent clashes between security forces and
drug cartels, which function as transnational criminal
organizations (TCOs). Both TCOs and the gangs linked to them
battled for control of drug trafficking routes and markets.
TCOs remained the most significant perpetrator of violent
crimes in Mexico. They engaged in human trafficking and used
brutal tactics against citizens, including inhumane treatment,
murder, and widespread intimidation. TCOs had a chilling effect
on the media, executing bloggers who reported on their
activities and threatening journalists who criticized them. In
Nuevo Laredo, Tamaulipas, TCOs killed two bloggers in September
and posted messages on their bodies warning of retaliation
against anyone commenting about their activities on social
media. A third Nuevo Laredo blogger was allegedly beaten and
then killed in November, again in retaliation for posting
comments on the Internet about local drug cartels. In the
context of the fight against TCOs, but also at times unrelated
to it, security forces reportedly engaged in unlawful killings,
forced disappearances, and instances of physical abuse and
torture.
In Venezuela, there was an accelerating concentration of
power in the executive branch. President Chavez used a December
2010 law granting him broad authority to decree laws for a
period of 18 months without consultation or approval by the
elected National Assembly, to decree restrictions to
fundamental economic and property rights. The government also
took actions to impede freedom of expression and criminalize
dissent. It harassed and intimidated privately owned television
stations, other media outlets, and journalists throughout the
year, using threats, fines, property seizures, targeted
regulations, and criminal investigations and prosecutions.
Anti-Semitism colored official media attacks on opponents. The
government used the judiciary to intimidate and prosecute
political, union, business, and civil society leaders who were
critical of government policies or actions.
AFRICA
----------
ANGOLA
executive summary
Angola is a constitutional republic. The ruling Popular Movement
for the Liberation of Angola (MPLA), led by President Jose Eduardo dos
Santos, 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, Luanda. Security forces reported to
civilian authorities.
The three most important human rights abuses were lack of judicial
process and judicial inefficiency; limits on the freedom of assembly,
association, speech, and press; and the abridgement of citizens' right
to elect officials at all levels.
Other human rights abuses included: cruel and excessive punishment,
including torture and beatings as well as unlawful killings by police
and military personnel; harsh prison conditions; arbitrary arrest and
detention; lengthy pretrial detention; impunity for human rights
abusers; infringements on citizens' privacy rights and forced evictions
without compensation; 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.
The government took steps to prosecute or punish officials who
committed abuses; however, accountability was limited due to a lack of
checks and balances, lack of institutional capacity, a culture of
impunity, and widespread government corruption.
Section 1. Respect for the Integrity of the Person, Including Freedom
from:
a. Arbitrary or Unlawful Deprivation of Life.--Unlike in previous
years, there were several reports that the government or its agents
committed politically motivated killings. Opposition parties, human
rights activists, and domestic media sources reported that security
forces arbitrarily killed at least four persons during the year.
In March the opposition party National Union for the Total
Independence of Angola (UNITA) published a list of nine cases from 2010
of killing or disappearance in Huambo Province that UNITA argued were
politically motivated. A National Assembly commission investigated the
claims during the year and concluded there was no political intolerance
in Huambo. However, civil society criticized the report.
In October Januario Armindo Sikaleta, the municipal secretary of
UNITA in Bocoio, Benguela Province, was killed. UNITA representatives
in Benguela suspected that Januario was one of nine persons killed for
political motives in the province during the year.
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.
There were no developments in the cases reported of arbitrary
killings in 2010.
In January 2010 FLEC claimed responsibility for an attack on a
Togolese national soccer team, which was traveling through Cabinda to
participate in the African Cup of Nations. Three persons were killed
and nine injured. Two persons were arrested for direct involvement and
six for tangential involvement. Of the first two, one person was
sentenced to 24 years in prison, and the other was acquitted; the six
arrested for tangential involvement were released in December 2010.
Land mines placed during the 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 10
and injured at least 23 individuals during the first half of the year.
A subsequent press report in November noted that there were 42 land
mine victims. 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.
b. Disappearance.--There were no reports of politically motivated
disappearances. There were some local media reports that persons
``disappeared'' in police or military custody following a public
demonstration on September 3. The detainees' location was reported
within three days, and they were granted a timely trial according to
the law.
In 2009 the president of a local movement for autonomy and
independence, Jota Malakito, was taken into police custody and held
incommunicado. In October 2010 he was tried with 33 other persons
accused of crimes against state security and instigating a rebellion.
In January 2011 Malakito and the 33 were released after their lawyer
successfully argued for habeas corpus relief because the law on crimes
against state security had been repealed.
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. Unlike in previous years, reports of beatings and other abuses
in police stations during interrogations were not common.
Police and other security forces were not held accountable for
torture committed in previous years. Although the government punished
some violators administratively, no prosecutions occurred during the
year.
The government continued to conduct operations throughout the
country to identify, detain, and expel undocumented immigrants from the
provinces bordering the Democratic Republic of Congo (DRC), Cabinda,
Zaire, Uige, Lunda Norte, and Lunda Sul. In particular, in the diamond-
rich province of Lunda Norte, NGOs and the media reported acts of
violence and degrading treatment, including rape and sexual abuse,
associated with these operations. Police expelled approximately 38,000
undocumented immigrants between April and October, according to an
international NGO report. According to the same NGO, more than 2,000
deportees reported suffering sexual violence, and 7,000 reported
physical abuse. Based on an assessment mission among those returned to
the DRC, a 2010 U.N. report cited 117 victims of sexual violence in
that year. The victims, irregular immigrants from the DRC, reported
being detained and raped by military or police officers before being
forcibly expelled to the DRC. The government responded that the
allegations were unfounded, but reported uncovering one case of rape.
During the year the alleged perpetrator was found guilty and sentenced
to an unknown prison term.
Police and immigration officials at border checkpoints extorted
money from travelers and harassed returnees and refugees.
According to an NGO report published in August, a local authority
in Lunda Norte reported that the border police forced people to undress
and conducted cavity searches on men and women to detect diamonds. The
same authority reported that police accepted bribes.
Unlike in previous years, there were no reported cases of abuse by
the army.
One political party reported abuses by private security companies
in Lunda Norte. In previous years human rights activists reported that
private security companies hired by diamond companies to protect their
concessions from illegal exploitation committed abuses.
Land mine and other ERW-related injuries continued as
infrastructure improvements made possible increased movement of persons
and goods in rural, war-affected areas. At least 10 persons were killed
and 23 injured by unexploded ordnance (see section 1.a.) during the
year. A subsequent press report in November noted that there were 42
land mine victims.
Prison and Detention Center Conditions.--Prison conditions improved
over the year, although NGOs continued to report corruption,
overcrowding, and deaths from poor conditions.
Overcrowding was a major problem. According to the Ministry of
Interior and press reports, the 34 prisons had 11,692 available places
for 19,898 prisoners in November. The Viana prison, for example, had
space for 2,436 inmates, but held 3,689 as of September. The Benguela
prison was built for 1,500 inmates, but held more than 1,800, according
to an April press report.
There were 9,234 men in pretrial detention and 10,113 men serving a
sentence. There were 551 women, of whom 253 were in pretrial detention
and 298 were sentenced. Most prisoners were between 16 and 35 years
old.
The Ministry of Interior was building five new prisons in Bengo,
Luanda, Malange, Huambo, and Cunene provinces to create 10,000 new
places and eliminate overcrowding by 2013. The government opened new
prisons in Bengo Province in 2010 and in Luanda and Lunda Norte in
2011. The new, expanded, or rehabilitated prisons are intended to
alleviate the overcrowding that sparked riots in 2007 in which at least
two persons were killed.
Prison conditions varied widely between urban and rural areas.
Every prison provided some medical care, sanitation, potable water, and
food. Most prisoners were allowed visitors, and it was customary for
families to bring food to prisoners, although food was provided.
Prisoners are allowed to list five visitors for free entry, but
individuals not on the list must pay 50 kwanza ($0.52) to enter.
According to a press report, underpaid guards accepted bribes up to
1,000 kwanzas ($10) for visitors to enter the prison expeditiously and
deliver food. Prison guards continued to demand that prisoners pay for
weekend passes to which they are entitled without charge.
At least six prisoners died of unknown causes; it was unclear
whether they died due to prison conditions or preexisting medical
conditions.
Authorities were taking steps to improve prison recordkeeping, and
efforts were underway to move from a manual recordkeeping system to a
computerized database including biometric data and a link to other
agencies, such as police and justice. Adequate statistics were
available in each facility, and authorities were able to locate every
prisoner.
The law provides for prisoners to practice freedom of religion. The
government allows prisoners to submit complaints to judicial
authorities and request investigation of conditions. The government
investigated and monitored prison and detention center conditions.
The government permitted visits to prisons by independent human
rights observers, foreign diplomats, and international human rights
observers. In September a foreign diplomatic delegation visited the new
prison in Lunda Norte and noted it had sanitation, ventilation,
lighting, medical care, food, and was not overcrowded. The
International Committee of the Red Cross visits the Cabinda prison on a
regular basis. In December a spokesperson for a local NGO reported
having visited Luanda prisons during the year and described conditions
as increasingly humane.
Unlike in previous years, there were no reported cases of prison
rape. Guards were not allowed to have relationships with female
detainees. There were unsubstantiated indications that male prisoners
raped other male prisoners.
Children under three years old may stay with their mothers in
prison. There were 83 children of female detainees and prisoners, 16 of
whom were in Viana prison. The children may leave the prison with
family members. The Ministry of Interior worked with social assistants
to ensure the children's well-being. The children were supposed to
receive dietary supplements, milk, and diapers and could benefit from a
day care center.
Authorities at provincial prisons regularly housed juveniles, often
incarcerated for petty theft, together with adults because separate
juvenile detention centers did not exist outside Luanda. Authorities in
Luanda prisons separated juveniles from the main prison population.
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.
An independent Office of the Ombudsman exists to mediate between an
aggrieved public and an offending public office or institution. The
office has no decision-making or adjudicative powers, but it helps
citizens access justice and advises government entities on citizen
rights. The office also educates the public about the role of the
ombudsman, human rights, and publishes reports.
Prisoners were provided education and vocational training to
prevent repeat offenders and help with social reintegration. In some
prisons inmates grew food and made bread to feed other inmates and sell
to police, as well as on the local market. Limited vocational training
was done in a public-private partnership with local industry. The labor
was voluntary, and the ministry was establishing a system to pay
prisoners for their work. In some prisons inmates had access to sports
and recreation facilities. In November the ministry inaugurated a
prison hospital in Sao Paulo.
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, in May a Somali national reported
that he and 30 others had been in Caxito prison in Bengo Province since
2009. According to the detainees, they were being held without knowing
the charges against them and had never appeared in court. The Somalis
entered Angola from Zambia and did not have passports.
There was one report of citizens from the northern province of
Cabinda being detained for crimes against the state. In November 2010
the National Assembly approved a new law on state security, replacing
the 1978 law. According to press reports, on July 26, police detained
nine young persons in Cabinda under the new law on state security for
``inciting social disorder'' when the youths attempted to deliver a
letter requesting water, electricity, respect for human rights, and
transparency to a visiting international delegation. All nine were
acquitted the next day.
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
irregular immigrants, and small-scale actions against FLEC separatists
in Cabinda.
Civilian authorities maintained effective control over the FAA and
National Police, and the government had mechanisms to investigate and
punish abuse and corruption. However, there were reports of impunity
involving security forces during the year. The security forces were
generally effective, although sometimes brutal. Impunity existed,
particularly at the highest levels of power. The National Police and
FAA have internal mechanisms to investigate security force abuses, and
the government provided some training to reform the security forces.
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.
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. In 2010 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. Requests to prolong
pretrial detention are not made public, 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, although this did not always happen in practice.
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.
Arbitrary Arrest.--Unlawful arrest and detention continued to be
serious problems. NGOs continued efforts to secure the release of
persons detained illegally. Security officials arbitrarily arrested
members of the opposition. In 2010 the online independent news source
Club-K reported that police in Bie Province detained one person for
attending a UNITA meeting. UNITA member Alcides Sakala reported that
police detained 11 persons more than two days for belonging to UNITA.
In response to similar reports from Huambo Province in 2010 and 2011, a
Parliamentary Inquiry Commission claimed there was no political
intolerance.
Between March and December, authorities in Balombo, Cubal, and
Ganda municipalities, Benguela Province, detained and later released 22
individuals for being members of UNITA, according to the opposition
party. At least one person was detained for a week before being
released. The lengths of the other detentions were not known.
On October 10, authorities in Cambulo municipality, Lunda Norte
Province, detained Alfonso Marcasso for being a member of the
International Lunda Chokwe Protectorate Movement, according to the same
civil society organization. He was transferred to Dundo and remained in
prison until late December, when he was released. Authorities never
filed charges against Marcasso.
Unlike in previous years, there were no reports of security forces
detaining Cabinda residents suspected of FLEC activity or
collaboration.
The six individuals arrested in January 2010 in Cabinda for
``crimes against state security'' by collaborating with FLEC were freed
in December 2010.
Pretrial Detention.--The law states detainees should not be held
longer than 24 hours, but many were held for days. Excessively long
pretrial detention continued to be a serious problem. An inadequate
number of judges and poor communication among authorities contributed
to the problem. 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.--Although the constitution provides
for an independent judiciary, the judiciary remained understaffed,
inefficient, corrupt (see section 4), and subject to executive and
political influence.
Unlike in previous years, the Ministry of Defense did not try
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
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. These
rights were not always respected 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 youths 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.
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.
Political Prisoners and Detainees.--There were reports of political
prisoners. At year's end seven political activists from the Movement
for Autonomy and Independence of the Lundas remained imprisoned for
crimes against state security and instigating a rebellion. The seven
remain imprisoned despite the fact that the state security law under
which they were convicted has since been repealed. In October the seven
prisoners went on a hunger strike. By year's end the provincial court
of Lunda Norte had not disclosed why they should remain in prison.
Political activist Antonio Txichicussula reportedly was detained in
February in Lunda Norte's Lukapa district for having documents related
to a local separatist group. Txichicussula was tried, sentenced, and
released in September on two years' probation after posting bail of
45,000 kwanzas ($473).
Regional Human Rights Court Decisions.--There was no additional
information at year's end about the 2010 African Commission on Human
and People's Rights decision against Angola, or recommendation that the
government establish a commission of inquiry to investigate the
deportation of 126,264 foreigners in 2004.
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. 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. A National Assembly bill on
cybersecurity was withdrawn from debate after civil society groups
claimed it hampered freedom of expression and press.
Property Restitution.--The law requires that citizens cannot be
relocated without being provided a fair indemnification. In practice
more than 6,000 persons were relocated during the year; most did not
receive fair indemnification. Under the constitution, all land belongs
to the state. The state claimed many of the former residents did not
have clear title to their dwellings, which were constructed illegally.
The government exercised eminent domain to destroy private homes,
although less often than in the previous year. The homeowners were not
compensated at fair market value for the loss of their residences or
land.
At year's end residents of the 1,557 homes destroyed in Lubango in
September 2010 remained in resettlement camps in Tchimukua and
Tchavola. A local NGO reported that the residents had insufficient
access to water, shelter, health and education facilities, police, and
jobs.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--Status of Freedom of Speech and
Press.--The constitution and law provide for freedom of speech and
press; however, state dominance of most media outlets, minimal private
media outside of Luanda, and self-censorship by journalists limited
these rights in practice.
For example, according to independent Web site Club-K, news about
the uprisings in Tunisia and Egypt was censored for fear that it might
prompt comparisons to President dos Santos' 32-year rule. MPLA leaders
Dino Matross and Rui Falcao spoke to private radio station LAC warning
that the government would crack down if similar protests were to take
place in the country.
Freedom of Speech.--Individual citizens reported practicing self-
censorship but generally were 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. An NGO reported that citizens
often curtailed their support of an opposition political party because
they would suffer reprisal from MPLA supporters.
On September 1, a group of young people stated that they were asked
by authorities to postpone their public protest against dos Santos
scheduled for September 3. The group's leader, Carbono Casimiro, wrote
an open letter in which he claimed that the government offered him
$270,000 and eight cars if he would cancel the demonstration.
Freedom of Press.--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. Nongovernment radio
stations could broadcast only in provinces where they physically
established antennas. Only government-owned Radio Nacional was allowed
to use repeaters to expand signal reach and was thus the only station
broadcasting in much of the country. As a result most private radio
stations could reach audiences only in Luanda. Radio Mais, whose
ownership included individuals associated with the ruling party, also
broadcast in Huambo and Benguela. Radio 2000, whose owners were also
suspected to be connected to the ruling party, operated in Huila.
Private 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 broadcast 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, but at year's end it still
broadcast only in Luanda. State-owned Radio Nacional opened multiple
community-based radio stations during the year, including the popular
Radio Cazenga.
Official news outlets, including Angolan Public Television, favored
the ruling party. Opposition parties were given limited access to
state-owned media and were asked to pay in exchange for coverage of
their events and statements.
Violence and Harassment.--During the year authorities arrested,
harassed, and intimidated journalists. For example, on March 7, police
detained three journalists from the independent weekly newspaper Novo
Jornal, for attempting to cover a planned protest (see section on
freedom of assembly). They were later released without being charged.
In October Voice of America reporter Jose Manuel Gimbi was searched
for by what were presumed to be plainclothes officials who went door to
door in his neighborhood. He was not home or harmed, but he filed a
complaint with local authorities. This case was erroneously reported by
some local and international human rights groups as a threat on Gimbi's
life.
There was no new information at year's end on the six cases of
journalists robbed, attacked, or killed in September and October 2010.
Censorship or Content Restrictions.--There were reports security
forces interfered with journalists' attempts to take pictures or video
during the year. For example, during a September 3 demonstration,
journalists reported plainclothes individuals believed to be linked to
the police stole or destroyed cameras and media equipment.
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.
Human rights activists and journalists practiced self-censorship.
Libel Laws/National Security.--Defamation is a crime punishable by
imprisonment or a 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 defaming the
president of the provincial court of Namibe Province, Antonio
Vissandule. On March 3, Chicoca was sentenced to one year in prison for
criminal defamation. At year's end he was out of jail on bail.
On October 10, William Tonet, editor of the private newspaper Folha
8, was convicted of criminal libel against high-level officials by the
Luanda provincial court. The case pertained to an article Folha 8
published in 2008 alleging these officials had gained control of
diamond mines in Lunda Norte Province without public, competitive
bidding. Tonet appealed, but he was initially sentenced to one year in
prison and a fine of $100,000.
Publishing Restrictions.--The minister of social communication, the
spokesperson of the presidency, and the national director of
information maintained significant decision-making authority over the
media.
Internet Freedom.--There were no government restrictions on access
to the Internet or credible reports the government monitored e-mail or
Internet chat rooms. Individuals and groups could engage in the
expression of views via the Internet, including by e-mail. In November
at least two independent online news sites suffered denial of service
attacks simultaneously, leading some to allege government interference.
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 the right of
assembly, the government at times restricted this right. At least 10
public demonstrations took place during the year, although police
detained persons during at least five of these demonstrations.
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 or government leaders often met a heavy police presence
and government excuses preventing them from carrying out the event.
Usually authorities claimed that the timing or venue requested was
problematic or that the proper authorities had not received
notification.
During the year activists suffered intimidation, including
anonymous death threats, because of their involvement in public
demonstrations.
On March 7, an anonymous group planned a demonstration to protest
the president's 32-year term in office. Fourteen persons were arrested,
including three journalists from Novo Jornal. They were later released
without being charged. Official statements indicated they were detained
for their personal protection.
In March members of the NGO Associacao Maos Livres reported
receiving threats and having at least one car vandalized. The victims
believed the incident was related to the March 7 demonstration and
other human rights-related work.
On May 25, the youth-led group Revolutionary Movement for Social
Intervention (MRIS) planned a demonstration at Independence Square in
Luanda to protest poor living conditions. Police detained several of
the organizers: two musicians, a journalist from independent, UNITA-
linked Radio Despertar, and another citizen. All four detainees were
released the same day without being charged. They then returned to
Independence Square, and the demonstration continued without police
interference.
On September 3, MRIS and an estimated 200 persons demonstrated
under the slogan, ``32 is enough,'' a reference to the number of years
the president had been in office. Police arrested 24 individuals,
including at least one of the organizers. According to multiple
reports, police injured some demonstrators and journalists and
destroyed media equipment. A Luanda court sentenced five persons to
three months in prison and fines and damages totaling almost 10,000
kwanzas ($105) for resisting arrest and allegedly causing bodily harm
to four police officers during the demonstration. The court also
sentenced 13 persons to 45 days in prison for disobedience. Two minors
were sentenced to two years with suspended sentences. Three of the
accused protesters were acquitted for lack of evidence. On October 14,
the Supreme Court overturned the convictions for lack of evidence, and
the imprisoned demonstrators were released.
Freedom of Association.--The constitution and law provide for the
right of association, and the government generally respected this right
in practice. Nevertheless, extensive and unexplained delays in the NGO
registration process continued to be a problem. According to a 2011
survey, approximately 70 percent of the NGOs operating in the country
were properly certified by the Ministry of Justice. The rest were
unable to obtain certification, but were nevertheless allowed to
operate.
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 obstructions to the free exercise of their parties'
right to meet. For example, local authorities threatened members who
attended such meetings.
c. Freedom of Religion.--See the Department of State's
International Religious Freedom Report at http://www.state.gov/j/drl/
irf/rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution and law provide for
freedom of movement within the country, foreign travel, emigration, and
repatriation; however, the government at times restricted these rights
in practice. During the year the government improved the road network
and decreased checkpoints between provinces. The government cooperated
with the Office of the U.N. High Commissioner for Refugees (UNHCR), the
International Organization for Migration, and other humanitarian
organizations in providing protection and assistance to internally
displaced persons (IDPs), refugees, asylum seekers, and other persons
of concern.
In-country Movement.--Extortion and harassment at government
checkpoints in rural areas and at provincial and international border
checkpoints interfered with the right to travel. Extortion by police
was routine in cities on major commercial routes. The government and
private security companies restricted access to the areas around
designated diamond concessions. Citizens living near concession areas
regularly were denied access for any purpose, including obtaining
water.
Land mines and other ERW remaining from the civil war continued to
impede freedom of movement in rural areas.
Internally Displaced Persons (IDPs).--Officially there were no
longer significant numbers of IDPs. The majority of Angolans previously
considered IDPs either returned home or did not intend to return to
their area of origin, as many now considered their new locations to be
home. Some of those who may have wanted to return to their original
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. The ministry delegated primary responsibility to provincial
governments for the safe, voluntary resettlement of IDPs in areas
cleared of mines and with access to water, arable land, markets, and
adequate state administration.
The government did not restrict aid efforts by international
humanitarian groups. Unlike in previous years, the government allowed
international organizations access to refugee camps, returnee welcome
centers, and border crossings to conduct assessment missions.
Diplomatic missions were denied access to these facilities on one
occasion.
Protection of Refugees.--In 2010 all Angolan returnees who were
forcibly returned from the DRC in late 2009 had been settled in
communities, mostly in Uige and Zaire provinces. Government officials
and returnees reported in 2011 that returnees had received some
assistance from MINARS and international organizations, but continued
to require legal assistance to regularize their status, supplies to
restart their careers, education and language training, agricultural
supplies, and housing materials.
In 2009 the government and UNHCR resumed joint efforts to
repatriate thousands of refugees remaining outside the country since
the civil war. These efforts continued; during the year Angolan
refugees returned voluntarily from Namibia, Zambia, the Republic of
Congo, and the DRC. According to UNHCR statistics, more than 100,000
Angolan refugees remained in neighboring countries at year's end. The
government cooperated with the UNHCR on voluntary refugee repatriation
and reintegration programs, but operations were significantly delayed
due to funding constraints and lack of reintegration support to
returnees.
Access to Asylum.--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. The country hosted nearly 15,000
refugees and more than 4,000 asylum seekers, the majority from the DRC.
Nonrefoulement.--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.
Employment.--There were no formal restrictions on refugees' ability
to seek employment. Refugees sometimes faced difficulty obtaining
employment due to a lack of legal documents required to work in the
formal sector and difficulty in obtaining such documents.
Access to Basic Services.--Persons with recognized refugee status
could take advantage of public services. Refugees sometimes faced
difficulty obtaining access to public services such as health care and
education due to a lack of legal 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. Citizens were able to exercise the right
to elect legislative representatives in 2008. The constitution calls
for the first ever elections at the municipal and provincial levels to
happen according to the principle of ``gradualism'' where local
elections are to be phased in provinces and municipalities based on a
variable timeline. However, the right to elect local leaders remained
restricted and elections did not occur at the provincial or municipal
levels.
Elections and Political Participation.--Recent Elections.--After
having postponed legislative 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 at
polling stations to verify a voter's identity and residence. Despite
these and other irregularities, 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 and were scheduled for late 2012. Voters will
elect candidates from a party list, with the presidential candidate at
the head of the list.
Political Parties.--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.
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 members suffered
intimidation and harassment.
In February UNITA claimed that at least nine of its supporters were
killed in Huambo Province for political reasons in the previous year. A
parliamentary commission sent to investigate the claim found no
political intolerance in Huambo Province. However, civil society
criticized the report.
Opposition party members and civil society leaders cited examples
of political intolerance during the 2008 election process.
Participation of Women and Minorities.--Of the 220 deputies in the
National Assembly, 79 were women (36 percent), exceeding the U.N.-
recommended quota of 30 percent. Six women served as governors or vice
governors, and 20 women were executive level officials (ministers,
state secretaries, presidential appointees).
The country has three dominant linguistic groups: the Ovimbundu,
Mbundu, and Bakongo, which together constitute approximately 77 percent
of the population. All were represented in government. Other groups
also took part in governing at the national level. There were six
members of smaller ethnic groups in the National Assembly and one
minority member, a Chokwe, in the cabinet. Political parties must be
represented in all 18 provinces; however, most 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
Although the law provides criminal penalties for official
corruption, 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.
Despite the widespread perception that government corruption at all
levels was endemic, public prosecutions were rare. By year's end no
high-level official had been charged or prosecuted for corruption,
which added to the popular belief that officials were unwilling to
enforce the law. The Financial Court was the government agency
responsible for combating government corruption; the National Criminal
Investigation Department also investigated some cases.
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. The judiciary was corrupt and
subject to political influence and conflict of interest.
In July the governor of Luanda, Jose Maria dos Santos, was
dismissed after only eight months in office. Private media reported
that he tried to extort $25 million from an Israeli developer that
needed a building permit. He reportedly was fired not for attempting to
extort the funds, but for invoking the name of one of the president's
closest advisors in doing so. No charges were filed against the
governor.
Joaquim Ribeiro, former commander of the Luanda Provincial Police,
was removed from his post and accused of ordering the homicide of a
police officer. According to private media, Ribeiro was under
investigation for embezzling public funds and ordered the murder
because the victim had incriminating information against him. Ribeiro
remained in prison charged with murder and embezzlement, and the trial
was continued at year's end.
On October 10, David Mendes from the Partido Popular (an opposition
party) filed a criminal complaint with the attorney general against
President dos Santos and Elisio Figueiredo (a Portuguese citizen and
the financial advisor of President dos Santos), Pierre Falcone (a
French citizen and arms dealer), and Manuel Vicente (the president of
the state-owned oil company Sonangol) for their involvement in
embezzling public funds of more than $775 million. By year's end the
attorney general had not responded.
In October 2010 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. Apart from the demotion, no other
action was taken against the two ministers.
In March 2010 the National Assembly approved a law on public
probity, which requires 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 are exempt from
the law's requirements.
The government made progress in improving transparency in its
economic operations, in large part due to the measures implemented
under a Stand-By Arrangement agreement reached with the International
Monetary Fund (IMF) in 2009.
As a condition of the loan, the state-owned oil company Sonangol
published its 2009 and 2010 audited financial statements on its Web
site. By year's end the government had not started to gradually phase
out the quasi-fiscal activities of Sonangol and to concentrate such
operations in the central government. The government published online a
detailed block-by-block accounting of the monthly revenues it received
from Sonangol's oil production, but critics noted that the figures on
oil production and revenues published by the Ministries of Petroleum
and Finance and by Sonangol were contradictory, undermining the goal of
transparency. 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.
In December the IMF reported that $32 billion was unaccounted for
in the government's fiscal accounts during the period 2007-10, most of
which was believed to stem from misreporting of transfers from Sonangol
to the national treasury.
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.
The financial statements 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 and reporting of revenues.
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.).
Like in the previous year, there were credible reports that high-
level officials received substantial bribes from private companies that
were awarded government contracts. According to press reports, in
October the president of the National Agency for Private Investment
(ANIP), Aguinaldo Jaime, was fired for conflict of interest due to his
involvement in a real estate contract project Bem Morar approved by
ANIP.
The law provides for public access to government information;
however, the information posted on most government Web sites remained
limited. 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.
Local NGOs actively promoted and defended human rights during the
year by asserting constitutional rights, documenting prison conditions,
protesting labor conditions, 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. 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 NGOs were
banned during the year.
The government allowed local NGOs to exist and 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. For example, on
March 8, unknown assailants threatened activists and members of the
human rights defenders' NGO Associacao Maos Livres. The leader's car
was vandalized.
Unlike in the previous year, the government criticized domestic and
international NGOs.
There were reports of police or military presence at community
meetings with international NGOs, especially in Cabinda.
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 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 soccer team were former members of Mpalabanda. In December
Mpalabanda petitioned the Supreme Court to reexamine the 2006 decision.
U.N. and Other International Bodies.--The government cooperated
with international governmental organizations and permitted visits by
U.N. representatives. In 2008 the U.N. Human Rights Office (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 the country won a three-year term on the
U.N. Human Rights Council in 2007. Authorities allowed U.N. officials
to monitor human rights. In March Special Representative of the
Secretary General Margot Wallstrom visited the country following
allegations of abuse in Lunda Norte. A representative of the UNHRO also
visited in November.
The government restricted access of international NGO observers to
the country. For example, in August immigration officials denied 17
activists entry into the country to attend a civil society forum
connected with the Southern African Development Community summit.
According to the press, officials confiscated reports a Zimbabwean
activist was carrying. Immigration authorities claimed that none of the
activists had valid visas. In August two Mozambican journalists with
valid visas were denied entry to attend a workshop.
Some international NGOs reported long delays in obtaining visas,
although the delays were not significantly longer than those
experienced by other foreigners.
Government Human Rights Bodies.--The National Assembly Committee on
Human Rights ostensibly focused on human rights; however, it did not
issue any reports. An interministerial commission for human rights
meets regularly and prepares reports for the U.N. and other
international organizations.
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 and Domestic Violence: 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.
However, the true incidence of rape was likely much higher. 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.
Domestic violence against women, including spousal abuse, was
pervasive and reportedly occurred in both urban and rural areas. In
June a law was passed prohibiting domestic abuse; the law does not
distinguish between men and women. Penalties for violating the law had
not been finalized by year's end.
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 2010
police recorded 831 cases of domestic violence. The Ministry of Family
and Promotion of Women registered more than 6,000 cases of domestic
violence in 2010. Of these cases, 80 percent were for minor offenses,
and 99.5 percent of the victims were women, according to a press
report. It is believed the police and ministry statistics seriously
undercounted the number of domestic violence cases, since many if not
most victims believed that authorities would not help them and they
feared reprisal if they reported the abuse. Common-law husbands or
boyfriends perpetrated the majority of violence. The ministry
maintained a program with the Angolan Bar Association to give free
legal assistance to abused women and established counseling centers to
help families cope with domestic abuse. Statistics on prosecutions for
violence against women were not available.
Female Genital Mutilation (FGM).--FGM was not considered to be a
widespread practice, although there were reports of instances in rural
regions.
Other Harmful Traditional Practices.--Religious leaders in Lunda
Norte and Uige provinces 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 a 2009 newspaper article, priests killed
more than 400 persons in ``faith-based'' cures that involved violent
rituals, beatings, and poison.
Sexual Harassment.--Sexual harassment was common and not illegal.
However, such cases may be prosecuted under assault and battery and
defamation statutes.
Reproductive Rights.--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 2011 study, 6 percent of women used contraception. A 2009 study
found 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. According to
U.N. estimates, the maternal mortality ratio in the country in 2008 was
610 deaths per 100,000 live births. High maternal mortality was likely
due to inadequate access to health facilities before, during, and after
giving birth. A woman's lifetime risk of maternal death was one in 29.
There were no reports of coercive family planning practices such as
female infanticide or coercive sterilization. There were no legal,
social, cultural, or other barriers that limit access to these
services. Information on government provisions for reproductive health
services or diagnosis and treatment of sexually transmitted infections,
including HIV, was not available.
Discrimination.--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
Ministry of Labor and the Ministry of 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 Ministry of Family and Promotion of Women,
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.--Birth Registration.--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 age five were undocumented,
according to a 2009 study. The government did not permit undocumented
children access to the educational system, and fees for birth
certificates and identification cards remained prohibitive for
impoverished families. Although the official registration drive ended
in 2004, the government continued to partner with UNICEF to identify
and assist undocumented children and provided limited subsidies to
cover fees for families with proven financial need. The government
implemented a previous plan to provide birth certificates in health
clinics and maternity wards during the year.
Education.--Education is tuition-free and compulsory for documented
children until the sixth grade, but students often had significant
additional expenses. The educational infrastructure remained in
disrepair. There were insufficient schools and teachers to provide
universal primary education. An independent study in 2010 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 during the year. A 2009 survey
reported the annual dropout rate was 1.3 percent per year.
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 children. There were
reports of families paying bribes to education officials to ensure
their child got a place in a classroom. According to UNESCO enrollment
rates were higher for boys than for girls, especially at the secondary
level.
Child Abuse.--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. 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.
Child Marriage.--The legal age for marriage, with parental consent,
is 15 years. 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.
Harmful Traditional Practices.--In 2010 a total of 55 children in
Sanza-Pombo, Uige Province, were accused of being witches. A Congolese
priest chained and tortured 12 of the accused children for being
witches and therefore dangerous to their families. No action was taken
against the priest.
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 Institution of Child
Welfare (INAC), some religious sects were closed in 2010 because they
endangered the health and welfare of citizens. Despite actions taken
against these religious sects, sporadic information on children accused
of practicing witchcraft continued, especially in the northern
provinces. However, INAC reported that incidents involving witchcraft
declined 70 percent between 2003 and 2010. INAC also reported that an
unknown number of individuals had gone to jail for alleging children
committed witchcraft.
Sexual Exploitation of Children.--All forms of prostitution,
including child prostitution, are illegal; however, local NGOs
expressed concern over child prostitution, especially in Luanda,
Benguela, and Cunene provinces.
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.
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.
International Child Abductions.--The country is not a party to the
1980 Hague Convention on the Civil Aspects of International Child
Abduction.
Anti-Semitism.--There is a Jewish community of approximately 450-
500 persons, primarily Israelis. There were no reports of anti-Semitic
acts.
Trafficking in Persons.--See the Department of State's Trafficking
in Persons Report at http://www.state.gov/j/tip.
Persons With Disabilities.--The law prohibits discrimination
against persons with 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 (former combatants and veterans). Article 83 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.
Persons with disabilities included more than 80,000 land mine
victims. The NGO Handicap International estimated that persons with
disabilities constituted 10 percent of the population. However, a 2010
study estimated that 2.6 percent of the population had a physical or
mental disability. Only 30 percent of persons with disabilities were
able to take advantage of state-provided services such as physical
rehabilitation, schooling, training, or counseling. According to MINARS
statistics published in December, there were an estimated 150,000
persons with disabilities, most between the ages of 25 and 44, and 56
percent male. Of those persons with disabilities, 62 percent had
physical disabilities (of whom 75 percent were ERW victims and 22
percent from polio), 28 percent had sensory disabilities, and 10
percent had mental disabilities. MINARS assisted approximately 90,000
persons with disabilities.
Presidential decree number 14 protects persons with disabilities.
However, persons with disabilities found it difficult to access public
or private facilities, and it was difficult for such persons to find
employment or participate in the education system. MINARS sought 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.
Indigenous People.--An estimated 3,500 San persons 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
same-sex activity, although discussing such topics in society is highly
taboo. The constitution defines marriage as between a man and a woman.
NGOs reported a small but underground lesbian, gay, bisexual, and
transgender community in Luanda. A 2011 health-related study on gay men
in Luanda indicated that almost half of the interviewed men had
confronted homophobia and reported suffering violence or discrimination
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 condition or
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.
Persons with albinism were common victims of discrimination,
although church groups worked to eliminate the abuse.
Section 7. Worker Rights
a. Freedom of Association and the Right to Collective Bargaining.--
The constitution and law provide for the right of workers to form and
join independent unions and specifies rights for trade unions. The law
allows unions to conduct their activities without government
interference and grants workers, except government workers, the right
to strike. 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. The law protects the right to collective
bargaining, and there are no legal restrictions on collective
bargaining. The law prohibits antiunion discrimination and stipulates
that worker complaints be adjudicated in the labor court.
Under the law employers are required to reinstate workers who have
been dismissed for union activities. There were unions for journalists,
teachers, and taxi drivers, among others.
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.
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.
In practice the government did not protect these rights, although
the Ministry of Labor has a hotline for workers who believe their
rights have been violated. Government approval is required to form a
union, and the government admitted that unions were hampered by
membership and legalization issues. 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 several examples during the year of workers going on
strike to demand a salary increase. The government routinely thwarted
union efforts at collective bargaining with long delays in processing,
and collective bargaining was restricted in practice. In addition the
judicial system did not enforce these provisions.
The government is the country's largest employer, and the Ministry
of Public Administration, Employment, and Social Security (MAPESS)
centrally mandated wages.
b. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, including by children, but such practices
occurred. Child labor is punishable under the labor law, although no
cases were punished during the year. 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. Forced labor occurred in the
artisanal diamond mining sector. Additionally, men and boys were
trafficked into the country for forced labor, especially in the
construction sector. Children also reportedly worked in charcoal and in
forced child labor in the production of rice. Migrant workers were
employed under 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.
Some Angolan boys were taken to Namibia for forced labor in cattle
herding and forced to act as couriers in the illegal cross-border trade
with Namibia. Adult criminals sometimes used children under the age of
12 for forced criminal activity, since a loophole in the justice system
prevents youth from being tried in court. Angolan women and children
were subjected to domestic servitude in South Africa, the DRC, Namibia,
and some European nations, primarily Portugal. See also the Department
of State's Trafficking in Persons Report at http://www.state.gov/j/tip.
c. Prohibition of Child Labor and Minimum Age for Employment.--
Child labor in the formal sector was restricted under the law. Article
282 of the labor law requires that the minor submit evidence that he/
she is over 14 years of age to obtain an employment contract. The law
prohibits children under 14 from working. Although children could work
from age 14 to 16 with parental permission, they could not do so if it
interfered with schooling. The law was effectively enforced in the
formal sector.Child labor, especially in the informal sector, remained
a problem. MAPESS had oversight of formal work sites in all 18
provinces, and inspectors are supposed to check on the age of workers
at such sites. If it determined a business was using child labor, it
transferred the case to the Ministry of Interior to investigate and
possibly press charges. An unknown number of businesses were warned or
fined for using child labor. Although MAPESS, other government
agencies, and labor unions developed a national plan against child
labor, MAPESS could not regulate the sizeable informal sector as it was
not within its purview.In October 2010 the newspaper Agora published a
study conducted in Benguela that found more than 70,000 children worked
in Benguela Province. A living standards survey published in 2010
reported that 20.4 percent of children between the ages of five and 14
worked; 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 economic 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.
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
Promotion of Women and INAC play a significant role in coordinating the
response to a case of child labor and protecting possible victims.
Ultimately, the Ministry of Interior and the Ministry of Justice are
charged with investigating and prosecuting cases of child labor,
although no such prosecutions were reported during the year.
A separate court under the Ministry of Justice is designated for
children's affairs. The Luanda juvenile court hears cases of youths
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 have their cases 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 and livelihood opportunities for children and their
families. Also see the Department of Labor's Findings on the Worst
Forms of Child Labor at http://www.dol.gov/ilab/programs/ocft/tda.htm
d. Acceptable Conditions of Work.--The minimum wage was 11,044
kwanza ($116) per month for all formal sectors. Workers in informal
sectors, such as street vendors, subsistence agriculture, and domestic
household, are not covered by the minimum wage law. The minimum wage
law was effectively enforced in the formal sector.
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. The government sets occupational health and
safety standards. Workers have the right to remove themselves from
situations that endanger health or safety without jeopardy to their
employment.
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
regarding working conditions.
The workweek standards were not enforced effectively unless
employees lodged a formal complaint with MAPESS.
In September 2010 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 seek work in the informal labor market.
The Ministry of Labor's inspector general did not enforce these
standards effectively. Inspections occurred, although rulings on labor
violations found by inspectors were not effectively enforced. Despite
the law providing for the right, workers were unable to remove
themselves from unsafe working conditions without jeopardizing their
employment.
The secretary general of the General Centre of Independent and Free
Unions of Angola (CGSILA), an independent labor union, stated that
workers in the civil construction sector were subjected to hazardous
working conditions that led to many accidents and even death. The
problem was worse in Luanda, where construction activity is
concentrated. There was inadequate monitoring of the construction
sector, although MAPESS created commissions to oversee the occupational
safety of this sector. Two officials in CGSILA noted that health
workers also were subjected to unsafe and unsanitary conditions that
led to their contracting various diseases or becoming sick.
----------
BENIN
executive summary
Benin is a constitutional democracy. On March 13, President Boni
Yayi won a second, and final, five-year term in multiparty elections.
In the April 30 legislative elections, President Yayi's supporting
coalition, Cowry Force for an Emerging Benin, won 41 of 83 seats in the
National Assembly and formed a majority coalition with the Renaissance
of Benin Party and other minor supporting parties for a total of 61
seats. As a result the coalition controlled the Bureau of the National
Assembly with six of the seven seats. International observers viewed
both the presidential and legislative elections as free, fair, and
transparent. Security forces reported to civilian authorities.
Three main human rights abuses reported during the year included
police use of excessive force; violence and discrimination against
women and girls, including female genital mutilation (FGM); and harsh
prison conditions.
Other major human rights problems included arbitrary arrest and
detention with prolonged pretrial detention. Vigilante violence
occurred, as did trafficking and abuse of children, including
infanticide and child labor.
Although the government made an effort to control corruption and
abuses, including prosecuting and punishing public officials, officials
sometimes engaged in corrupt practices with impunity.
Section 1. Respect for the Integrity of the Person, Including Freedom
from:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the government or its agents committed arbitrary or
unlawful killings, including politically motivated killings. Elements
of security forces occasionally shot and killed armed robbers and
claimed self-defense to justify the shootings.
For example, on January 18, police shot and killed a wanted
criminal in Fidjrosse, in Cotonou. The criminal, who was reported to
have ``challenged and made a fool of'' the police officers, refused to
surrender despite their warnings.
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 of such incidents. Beatings in custody reportedly
were commonplace. The Constitutional Court received complaints from
citizens who were brutalized by the police.
Prison and Detention Center Conditions.--Prison conditions
continued to be harsh and life threatening. Overcrowding and lack of
proper sanitation and medical facilities posed risks to prisoners'
health. A July 2010 mediator of the republic's (ombudsman) report on
the condition in the nine civil prisons indicated that prisons were
overcrowded, and malnutrition and disease were common. Potable water
was available. Some prisoners suffered from mental illness. There were
deaths due to lack of medical care and neglect. Eight of the nine civil
prisons were filled far beyond their capacity. The July 2010
ombudsman's report, commissioned by the president, indicated the total
prison population (including pretrial detainees and remand prisoners)
was 6,908, in a system with an official capacity of 1,900; of that
number, pretrial detainees and remand prisoners totaled 5,174.
Statistics from 2008 indicated that female prisoners were 3.5 percent
of the prison population and that juveniles were 2.1 percent.
Women were not held together with men.
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.
Prisoners and detainees had access to visitors and were permitted
religious observance. There was no formal system to submit complaints
to judicial authorities without censorship, but prisoners could
directly address the director of the prison or complain through the
normal judicial processes.
The government permitted prison visits by human rights monitors.
Religious groups and nongovernmental organizations (NGOs) 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, and the government generally
observed these prohibitions in practice.
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.
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.
There is an internal affairs division of the police, called the
Inspector General, which investigates internal police matters.
The police were inadequately equipped and poorly trained, but the
government continued to respond to these problems by recruiting more
officers, building more stations, and modernizing equipment during the
year; however, problems remained, including 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. Detainees were promptly informed of charges against them.
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 permitted 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
decisions may request release on bail; however, the attorney general
must agree to the request. Warrants authorizing pretrial detention were
effective for six months and could be renewed every six months until a
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.
Arbitrary Arrest.--The constitution and law prohibit arbitrary
arrest. However, at times the authorities did not respect these
prohibitions.
Pretrial Detention.--Approximately 75 percent of persons in prison
were pretrial detainees; length of pretrial detention varied from two
to 11 years. 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. Authorities respected court orders.
Trial Procedures.--While the constitution provides for the right to
a fair trial, 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
judiciary in civil matters. If administrative or informal remedies are
unsuccessful, a citizen may file a complaint concerning an alleged
human rights violation with the Constitutional Court. An individual can
appeal to the Economic Community of West African States' Court of
Justice.
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 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.--Status of Freedom of Speech and
Press.--Although the constitution and law provide for freedom of
speech, the government did not always respect this right. There were
radio and television broadcasts in which citizens openly criticized the
president's policies without reprisal; however, the government
occasionally inhibited freedom of the press.
Freedom of Speech.--The law 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. There were no reports that the law was invoked during the
year.
Freedom of Press.--The independent media were active and expressed
a wide variety of views without restriction. Publications criticized
the government freely and frequently. 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 Office de Radiodiffusion et
Television du Benin (ORTB) broadcasts 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.
Censorship or Content Restrictions.--Journalists practiced self-
censorship.
Libel Laws/National Security.--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.
An official from a nongovernmental media ethics commission
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.
Publishing Restrictions.--The High Authority of Audiovisual and
Communication (HAAC) oversaw media operations and required broadcasters
to submit weekly lists of planned programs and publishers to submit
copies of all publications; however, the media did not comply with
these requirements in practice. The HAAC claimed the information was
used for administrative purposes; however, some journalists complained
it was a form of harassment.
Internet Freedom.--There were no government restrictions on access
to the Internet or credible reports that the government monitored e-
mail or Internet chat rooms. Individuals and groups could engage in the
expression of views via the Internet, including by e-mail.
Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.
b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The constitution and law provide for freedom of assembly,
and the government generally respected this right.
The government requires permits for use of public places for
demonstrations and generally granted such permits; however, the
authorities sometimes cited ``public order'' to deny requests for
permits from opposition groups, civil society organizations, and labor
unions.
Freedom of Association.--The constitution and law provide for
freedom of association, and the government generally respected this
right. The government requires associations to register and routinely
granted registration.
c. Freedom of Religion.--For a description of religious freedom,
see the Department of State's International Religious Freedom Report at
www.state.gov/j/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, and the government generally respected these rights in
practice.
The government cooperated with the Office of the U.N. High
Commissioner for Refugees (UNHCR) and other humanitarian organizations
in assisting refugees and asylum seekers.
In-Country Movement.--The presence of police, gendarmes, and
illegal roadblocks impeded domestic movement. Although meant to enforce
vehicle safety and customs regulations, many checkpoints served as
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.
Foreign Travel.--The government maintained documentary requirements
for minors traveling abroad as part of its continuing campaign against
trafficking in persons. 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.
Protection of Refugees.--The government has established a system
for providing protection to refugees. As of November 1, there were
approximately 2,700 Togolese refugees at the Agamey Refugee Camp and
200 refugees of various nationalities at the Kpomasse Refugee Camp. 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
provide temporary protection during the year. If individuals do not
qualify as refugees under the 1951 U.N. Refugee Convention, authorities
direct them to the Immigration Office to apply for a residence permit.
Access to Asylum.--The country's laws provide for the granting of
asylum or refugee status, and the government has established a system
for providing protection to refugees.
Employment.--The government continued to permit Togolese refugees
residing in local communities and refugee camps to participate in most
economic activities and enroll their children in local schools.
Durable Solutions.--The government and the UNHCR continued to
educate Togolese refugees on the 2007 voluntary repatriation
initiative. Despite the government and UNHCR's July decision to close
the Kpomasse camp, the 201 remaining refugees refused the government
and UNHCR's assistance in resettling in Benin and refused to leave the
camp.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution and law provide citizens the right to change their
government peacefully, and citizens exercised this right through
periodic, free, and fair elections based on universal suffrage.
Elections and Political Participation.--Recent Elections.--The
country held presidential elections on March 13 and legislative
elections on April 30. International observers viewed both the
presidential and legislative elections as generally free and fair. Both
elections were hampered by delays on the days of the vote, usually in
receiving voting materials or due to polling staff arriving late. Even
with delays, all polling stations remained open the full nine hours
required by law. There were no reports of eligible voters unable to
cast ballots.
Political Parties.--Parties could freely run candidates for
election. There were no government restrictions on the political
opposition. No single party or group has recently dominated politics.
For legislative elections, all candidates must be associated with a
political party; there were no independent candidates.
Participation of Women and Minorities.--There were eight women out
of 83 members in the National Assembly and eight female ministers in
the 26-member cabinet. The Constitutional Court had two women among its
seven justices.
The country has no majority ethnic group. Various ethnic groups
were well represented in government agencies, including the civil
service, and the armed forces. Nine cabinet ministers were from the
Bariba, Somba, and Dendi ethnic groups; eleven were from the Fon, Goun,
and Adja ethnic groups; and six were from the Yoruba and Nago ethnic
groups.
Section 4. Official Corruption and Government Transparency
Although the law provides criminal penalties for official
corruption, the government did not implement the law effectively, and
officials sometimes engaged in corrupt practices with impunity.
President Yayi continued his 2006 anticorruption initiative.
On August 30, the National Assembly approved the law to prevent
corruption and related offenses that was pending since 2006.
The government took a number of actions during the year to combat
corruption, including appointment of internal auditors to public
companies and creation of a hotline to the presidency to enable
citizens to denounce incidents of corruption. To combat customs fraud,
the government established the use of scanners to inspect imported
cargo before clearance as part of its Imports Verification Program
(PVI).
Police corruption was widespread. Police continued to extort money
from travelers at roadblocks. For example, on August 12, two police
officers positioned at a roundabout called ``La gaite'' in Cotonou to
regulate traffic were caught extorting money from travelers. The two
police officers were arrested and jailed for disciplinary infraction.
The Watchdog to Combat Corruption (OLC), a governmental agency,
continued to address corruption. The OLC trained observers and polling
agents on measures to prevent electoral fraud during the March and
April presidential and legislative elections.
It was commonly believed, and acknowledged by some judicial
personnel, that the judicial system at all levels was susceptible to
corruption.
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.
U.N. and Other International Bodies.--In June 2010 an assessment
team composed of two experts from the Office of the U.N. High
Commissioner for Human Rights and the French Speaking Countries
Association for Human Rights National Commissions came to the country
to check whether the proposed amendments to the law on the Beninese
Human Rights Commission were in line with the Principles relating to
the Status of National Institutions (Paris Principles). The team
provided recommendations for improvement and an implementation plan for
priority action.
Government Human Rights Bodies.--The government met with domestic
NGO monitors through the Advisory National Human Rights Council and the
Ministry of Justice, Legislation, and Human Rights. The ministry
coordinated awareness campaigns to educate the populace on human
rights.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution and laws prohibit discrimination based on race,
gender, disability, language, and social status, but societal
discrimination against women continued. Persons with disabilities were
disadvantaged. The government did not take concrete measures to address
those problems.
Women.--Rape and Domestic Violence.--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. Prison sentences for rape convictions
ranged from one to five years. From January to October 2010, 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.
The penal code prohibits domestic violence, and penalties range
from six to 36 months' imprisonment. However, domestic violence against
women was common. 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).--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 due to the code of
silence associated with this crime. 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.
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 the display of banners. NGOs also addressed this problem in local
languages on local radio stations.
Sexual Harassment.--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. Sexual harassment was common, especially of female students by
their male teachers.
Sex Tourism.--There is no specific law addressing sex tourism. It
was not clear whether tourists who used the services of prostitutes
came to the region specifically for sex tourism. There was no evidence
of government involvement or complicity.
Reproductive Rights.--The constitution provides that the government
should protect the family, particularly the mother and the child. The
law promotes responsible fertility to reduce early and/or late
childbearing and promote family planning through the distribution of
contraceptives. The law 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. The law provides
penalties for the commission of all acts prejudicial to the enjoyment
of sexual and reproductive health. The government generally respected
these rights. An estimated 30 percent of women had an unmet need for
family planning. According to the 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 by physicians,
and 4 percent by others). The proportion of women who had access to
prenatal care provided by physicians was higher in Cotonou (18 percent)
and other cities (5 percent) than in rural areas (3 percent). The
maternal mortality rate was 397 deaths per 100,000 live births; factors
contributing to the high rate were delivering without adequate medical
assistance and unhygienic conditions during birth.
Discrimination.--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 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 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 sections of law that provide women with inheritance
and property rights and significantly increase their rights in
marriage, including prohibitions on forced marriage, child marriage,
and polygamy.
In practice women experienced discrimination in obtaining
employment, credit, equal pay, and in owning or managing businesses.
Women do not face legal restrictions but may face societal restrictions
and discrimination. During the year the government granted microcredit
to poor persons, especially to women in rural areas, to help them
develop income-generating activities. An estimated 816,936 women
benefited from these microcredit projects since they began in 2007.
Children.--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 with
regard to child welfare.
Birth Registration.--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. This could result in denial of public services such
as education and health care. The government issued birth certificates
to children who did not have one through an Administrative Census for
Birth Registration. Several donors operated programs to increase the
number of registered children. For example, over the last three 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.
Education.--Primary education was compulsory for all children
between six and 11 years of age. Education became tuition-free for all
children starting with the 2007-08 school year, but 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.
Child Abuse.--FGM was practiced on girls. This practice was largely
limited to remote rural areas in the north (see section 6, Women).
Child Marriage.--The law prohibits marriage under 18 years of age,
but underage marriage (14 to 17 years of age) was permitted with
parental consent. Child marriage 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.
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.
Sexual Exploitation of Children.--The penal code provides penalties
for rape, sexual exploitation, corruption of minors, procuring, and
facilitating prostitution, and it increases penalties for cases
involving children under 15 years old. The child trafficking law
provides penalties for people involved in sexual exploitation of
children as a result of child trafficking. 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 de facto minimum age
for consensual sex is 18 years.
Child prostitution continued in some areas. 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 occurred. A 2009 report on
the commercial sexual 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.
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. Several local
NGOs led public education and awareness campaigns to decrease the
practice.
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.
Infanticide.--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.
International Child Abductions.--The country is not a party to the
1980 Hague Convention on the Civil Aspects of International Child
Abduction.
Anti-Semitism.--There was no known Jewish community, and there were
no reports of anti-Semitic acts.
Trafficking in Persons.--For information on trafficking in persons,
see the Department of State's Trafficking in Persons Report at http://
state.gov/j/tip.
Persons With Disabilities.--The law does not explicitly prohibit
discrimination against persons with physical, sensory, intellectual, or
mental disabilities in education, access to health care, or provision
of other state services; 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. 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 are no laws explicitly
criminalizing same-sex sexual activity. There were no reports of
criminal cases involving homosexuality. There were no reports of
societal discrimination or violence based on a person's sexual
orientation.
Other Societal Violence or Discrimination.--There were no reports
of discrimination or violence based on HIV/AIDS status. It is illegal
to discriminate against persons, at any stage of hiring or employment,
based on their HIV status.
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 January 2,
residents of Klogbome in the commune of Dangbo, in the southeast,
chased, caught, and burned to death an individual riding a motorbike
that he allegedly had just stolen from a nurse's aide in the
neighboring village of Hetin Houedomey. The victim was reported to be a
well-known and feared criminal who had been operating in the area for
years. The police did not investigate the killing or arrest those
involved.
Section 7. Worker Rights
a. Freedom of Association and the Right to Collective Bargaining.--
The labor code allows workers, including government employees, to form
and join independent unions of their choice without previous
authorization or excessive requirements, and the government generally
respected these rights. Worker organizations are independent of the
government and political parties. New unions must register with the
Ministry of Interior, a three-month process, or risk a fine. 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 have the right to strike, and they exercised this right
during the year. Civil servants also enjoy the right to strike and went
on strike throughout the year. The right to strike is enshrined in
article 31 of the constitution.
A 2002 law on the right to strike confirms this right for civil
servants, employees of public companies, and parastatals. The act
provides that civil servants, public and private entities' workers, and
parastatal employees who provide essential services shall maintain
minimum services during strikes. The act states that essential services
refer to services pertaining to health, security, energy, water, air
transport, and telecommunications. Workers must provide three days'
notice before striking; however, authorities can declare strikes
illegal for reasons such as threatening social peace and order and can
requisition striking workers to maintain minimum services. The
government may 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.
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 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 and provides for
reinstatement of workers fired for union activity. 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.
b. Prohibition of Forced or Compulsory Labor.--The labor code
prohibits forced or compulsory labor, including by children; however,
the government did not effectively enforce this aspect of the law, and
such practices occurred in the agricultural, quarrying, fishing,
commercial, and construction sectors. Forced labor mainly involved
domestic servitude and bonded labor by children. Trafficking in persons
was a problem. Perpetrators of forced labor were mostly Beninese
involved in child trafficking. Many traffickers were relatives or
acquaintances of their victims, exploiting the traditional system of
vidomegon, in which parents allow their children to live with and work
for richer relatives, usually in urban areas. The law provides for
imprisonment with compulsory labor, and during the year judges
sentenced convicts to forced labor for various crimes. Also see the
Department of State's Trafficking in Persons Report at http://
state.gov/j/tip.
c. 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. On January 31,
President Yayi signed into law the list of types of hazardous work
prohibited to children. The list includes 22 trades and 74 related
hazardous activities that children under 18 are not allowed to engage
in. 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,
including children working in construction, car and motorcycle repair,
hairdressing, and dressmaking. Children worked as laborers with adults
in quarries in many areas. Forced child labor, including street
children engaged in prostitution, street hawking, and begging, was a
problem. Children under age 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, including Nigeria,
Cote d'Ivoire, Togo, and Ghana, 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 arrangement, and abuse
of child domestic servants was a problem. Also see the Department of
Labor's Findings on the Worst Forms of Child Labor at http://dol.gov/
ilab/programs/ocft/tda.htm.
The Labor Office under the Ministry of Labor and Civil Service
enforced the labor code ineffectively and only in the formal sector due
to a lack of inspectors. The government took steps to educate parents
on the labor code and 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 for the Elimination of Child Labor. On July 12, the
government, in cooperation with an international organization, held a
two-day workshop to examine the first draft of the National Plan for
the Elimination of Child Labor. The government undertook a nationwide
awareness campaign as a key activity for the 2011 World Day of Action
Against Child Labor. On September 21, the government signed an accord
with the Republic of Congo aimed at halting the trafficking of children
between the two countries. An estimated 1,800 children from Benin,
mostly ages 11 to 18, have been trafficked to neighboring Congo.
d. 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. 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
executive summary
Botswana 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 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 the presidency and a
majority of National Assembly seats since independence. Security forces
reported to civilian authorities.
The main human rights concerns during the year included violence
against women and children, child labor in the form of cattle herding,
and discrimination against the San people.
Other human rights problems included overcrowded prison conditions
and lengthy delays in the judicial process. Societal problems included
trafficking in persons.
The government took steps to prosecute officials who committed
abuses, including prosecuting and convicting military officers for
murder. Impunity was generally not a problem.
Section 1. Respect for the Integrity of the Person, Including Freedom
from:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the government or its agents committed politically
motivated killings. However, unlawful killings by police or other
security force members reportedly occurred during the year.
For example, in June police officers shot and killed Jonathan Eliot
while attempting to arrest him for smuggling tobacco into the country.
The case was under investigation at year's end.
In October police arrested and detained Pulaenele Sekate for
various offences. The suspect reportedly committed suicide in custody.
The case was under investigation at year's end.
Robbery suspect Olebile Kefhitilwe disappeared while in police
custody after being detained by police in September 2010. The
investigation continued at year's end. The case of Moitaly
Setlampoloka, who died in custody in 2009, was opened as a murder case
in 2011 and was before the High Court at year's end.
In 2009 a police officer mistakenly shot and killed Mothusinyana
Moag, 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 the police officer involved was negligent. He was
charged with manslaughter, and his case was pending at year's end.
Four government security officers who shot and killed John
Kalafatis in 2009 were convicted in June of murder and sentenced to
prison. Corporals Dzikamani Mothobi, Goitsemang Sechele, Ronny Matako,
and Boitshoko Maifela appealed, and their cases were pending appeal at
year's end. Attorneys for the Kalafitas family alleged 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.
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; there
were no confirmed reports that security forces abused suspects during
the year.
Prison and Detention Center Conditions.--Conditions in the
country's 22 prisons and two detention centers for irregular immigrants
remained poor due to overcrowding. The prison system held approximately
15-20 percent more inmates than its 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. Unlike during the prior year, there were no reports of abuse
by government agents in prison.
There was adequate food, sanitation, ventilation, and lighting in
prisons. Prisoners received access to basic medical care, and HIV-
positive citizen prisoners received access to antiretroviral drugs if
needed. The government allowed access to noncitizen prisoners by
international and local nongovernmental organizations (NGOs) but did
not provide HIV-positive noncitizen prisoners with antiretroviral
drugs.
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 NGOs to care for the child until the mother is released. Juveniles
occasionally were held with adults but only for a few days while
awaiting transport. Pretrial detainees and convicts were held together.
Officers of the courts, including magistrates and judges, regularly
conducted visits to prisons to check on prison conditions. Government-
appointed welfare and oversight committees also visited prisons during
the year. Reports on such visits were not made public.
Prisoners and detainees had access to visitors, including foreign
government representatives, and were permitted to observe religious
practices. Prison authorities investigated allegations of inhumane
conditions, which could be reported directly to authorities or through
a prison ombudsman.
The International Committee of the Red Cross (ICRC) visited prison
facilities, and Representatives of the Office of the U.N. High
Commissioner for Refugees (UNHCR) visited the Center for Illegal
Immigrants in Francistown during the year.
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 sentences
completed and must not have been previously incarcerated. Prisoners
convicted of violent and other serious felonies were ineligible. A
total of 170 male and five female prisoners were released during the
year to complete their sentences through extramural labor.
Prisons and overnight jails had access to potable water, and
prisoners and detainees could register complaints about prison
conditions with authorities. Prison record keeping was mostly by hard
copy record, and there was no immediate plan to upgrade to computerized
systems.
Conditions for men and women prisoners were comparable.
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 of Defense, Justice, and Security in
the Office of the President, has primary responsibility for internal
security. The security forces are accountable to civilian leaders in
the ministry. 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. Directorate on Intelligence and Security (DIS) personnel
have 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. Unlike in the past, there were no reports during the year
that suspects' right to an attorney had been denied during the first 48
hours after arrest, prior to a 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 occasionally was delayed in
practice. Authorities generally informed detainees of the reason for
their detention, although there were some complaints 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. In capital cases the government provides counsel or
private attorneys provide pro bono services for indigent clients.
Pretrial Detention.--Pretrial detainees waited from several weeks
to several months between the filing of charges and the start of their
trials. As of December 2010, 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. Trials are open to the public.
In addition to the civil court system, a customary or traditional
court system also exists. According to traditional practice, a tribal
chief presides over most small villages. Small claims courts were
established in 2009 in Gaborone and some surrounding areas; there were
some reports of heavy caseloads and new procedures impacting the
courts' effectiveness. The courts reduced their backlog of cases during
the year, but cases still were delayed for several months.
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 procedural rights as they relate
to 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 states
these rights extend to all citizens.
Some NGOs provided limited free legal assistance.
While customary or traditional courts enjoy widespread citizen
support and respect, they often did not afford the same due process
protections as the formal court system. Defendants can confront,
question, and present witnesses in customary court proceedings. They do
not have legal counsel, and there are no standardized rules of
evidence. 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. The quality of decisions reached in the customary courts
varied considerably, and defendants 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, which does not try
civilians. Military courts have separate procedures from civil courts.
Defendants in military courts are able to retain private attorneys at
their own expense 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. By mutual agreements of the parties
involved, most civil cases were tried in customary courts, which handle
land, marital, and property disputes and often do not afford due
process.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The constitution and law prohibit arbitrary
interference with privacy, family, home, or correspondence, and the
government generally respected these prohibitions in practice. However,
the government's continued narrow interpretation of a 2006 High Court
ruling resulted in a few hundred indigenous San people being prohibited
from living or hunting in their tribal homeland, the Central Kalahari
Game Reserve. In 2002 the government forcibly resettled the remaining
indigenous San and other minority members living in the Central
Kalahari Game Reserve (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, provide socioeconomic development
opportunities to the San, and minimize human impact on wildlife (see
section 6, Indigenous People).
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--Status of Freedom of Speech and
Press.--The constitution and law provide for freedom of speech and
press, and the government generally respected 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.
Freedom of Press.--In 2008 Parliament passed the Media
Practitioners Act, which established a Media Council to register and
accredit journalists, promote ethical standards among the media, and
receive public complaints. Some NGOs, including MISA, the independent
media, and opposition members of parliament (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 print media through its free, nationally distributed
newspaper, Daily News, and it operated two FM radio stations. State-
owned media generally featured reporting favorable to the government
and were susceptible to political interference. Opposition political
parties claimed 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 cover most
of the major towns. They produced news and current affairs programs
without government interference. State-owned Botswana Television was
the primary source of televised news and current affairs programs. The
privately owned Gaborone Broadcasting Corporation broadcast mostly
foreign programs. International television channels were available
through cable subscription and satellite.
Some members of civil society organizations alleged that the
government occasionally censored stories in the government-run media
that it deemed undesirable, and government journalists sometimes
practiced self-censorship.
Internet Freedom.--There were no government restrictions on access
to the Internet or credible reports that the government monitored e-
mail or Internet chat rooms. Individuals and groups could engage in the
expression of views via the Internet, including by e-mail.
Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.
b. Freedom of Peaceful Assembly and Association.--The constitution
and law provide for freedom of assembly and association, and the
government generally respected these rights in practice.
c. Freedom of Religion.--See the Department of State's
International Religious Freedom Report at http://state.gov/j/drl/irf/
rpt
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution and law provide for
freedom of movement within the country, foreign travel, emigration, and
repatriation, and the government generally respected these rights in
practice.
In-country Movement.--In January the Court of Appeals awarded the
San the right to reopen or drill new boreholes to gain access to water
for domestic use. Prior to the ruling, the government had banned the
San from accessing wells, which had prevented them from returning home
to the CKGR. Following the ruling, the government granted the
appropriate permits for workers and machinery to enter the CKGR to
drill the borehole. With funding from international advocacy groups and
a local diamond mining company, the San were able to access water
through a borehole in September.
Protection of Refugees.--Access to Asylum.--The country's laws
provide for the granting of asylum or refugee status, and the
government has established a system for providing protection to
refugees. The government'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 U.N. 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. During the year, following the UNHCR's revocation of refugee
status for 43 people, the government gave notice that it intended to
deport those denied refugee status. As of year's end, the refugees had
not been deported.
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 generally
were 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 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 2010, only 19 of the country's
3,185 registered refugees were living and working outside Dukwe. The
government 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.--Recent Elections.--In 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 retained the presidency, which he
has held since 2008.
Political Parties.--At year's end the BDP held 39 seats in
parliament, the new Botswana Movement for Democracy (BMD) party led the
opposition with six seats, the BNF controlled six seats, the BCP had
five seats, and there was one independent. The BMD, which split from
the BDP in 2010, had two of its eight MPs return to the BDP in 2011.
The House of Chiefs consists of eight paramount chiefs, five chiefs
chosen by the president, and 22 elected chiefs from designated regions.
It 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. The paramount chiefs are
members of the House of Chiefs for life, while the chosen and elected
chiefs serve five-year terms since 2009. The first election, based on
amendments made to the constitution in 2006, was held the same year. In
order to hold concurrent elections with Parliament, another election
was held in 2009.
Political parties operated without restriction or outside
interference.
Participation of Women and Minorities.--There were five 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 were members of minority tribes in the
assembly, 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 2010 while charges of corruption were investigated. He was
exonerated on all charges by the High Court in October 2011 and resumed
his duties.
There are no formal financial disclosure laws; however, in 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 2010 the Directorate on Corruption and
Economic Crime initiated investigations into 38 suspicious
transactions.
In April 2010 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. The minister of finance appointed a permanent director for
the FIA in October, and the agency secured independent office space. At
year's end the agency had not hired staff or begun processing
suspicious transaction reports.
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.
During the year police initiated investigations into 15 cases of
police corruption; 10 officers were charged, and five officers were
dismissed. 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 27 police officers were arrested
for criminal offenses. Thirteen cases were before the courts at year's
end, two were referred for prosecution, and seven 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.
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, a
human rights organization.
U.N. and Other International Bodies.--The government worked
cooperatively with the ICRC and the U.N. during the year. The
government allowed visits from U.N. representatives and representatives
from human rights and humanitarian organizations such as the ICRC.
The U.N. special rapporteur on indigenous persons visited the
country in 2009, and the U.N. issued a report on his visit in February
2011. The U.N. 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 U.N. 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.''
Government Human Rights Bodies.--An autonomous ombudsman handled
complaints of administrative wrongdoing in the public sector, and the
government generally cooperated with the ombudsman. However, 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 government 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.--Rape and Domestic Violence.--The law prohibits rape but
does not recognize spousal rape as a crime, which is difficult to track
without reporting. Laws against rape were effectively enforced when
victims pressed charges; however, police noted victims often declined
to press charges against the perpetrators, and the extent of the
problem was likely underreported. In some cases of domestic but
nonspousal rape, 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 1,332 in 2010 to 1,173 in
2011 between January and September in both years. 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. Rape cases must be tried in formal courts. A person convicted of
rape is required to undergo an HIV test before sentencing. The police
do not have a specific unit dedicated to rape investigation, but the
police have trained crime scene investigators and a forensics unit to
respond to cases of rape and domestic violence.
The law prohibits domestic and other violence, whether against
women or men, but it remained a serious problem. Police reported the
following statistics for the year related to domestic violence: four
cases of incest; 393 of indecent assault on girls, although those
sexual assault cases reported were thought to represent only a fraction
of the actual number of such incidents; 60 reported cases of passion
killings; and 663 of death threats. In 2010 police reported 12,367
cases of common assault and 2,069 cases of assault causing bodily harm.
Greater public awareness resulted in increased reporting of domestic
violence and sexual assault.
Sexual Harassment.--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,
potentially with 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 reprimand. Nonetheless
sexual harassment continued to be a widespread problem, particularly by
men in positions of authority, including teachers, supervisors, and
older male relatives.
Reproductive Rights.--Couples and individuals have the right, and
were able in practice, to decide freely the number, spacing, and timing
of their children, and to have the information and means to do so free
from discrimination, coercion, and violence. Contraception was 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. A
government 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 193 deaths per
100,000 births, and 90 percent of births were in hospitals.
Discrimination.--By law women have the same civil rights as men,
but 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 bodies, such
as speaker of the General Assembly, governor of the Bank of Botswana,
attorney general, ministers of trade and industry and in education and
skills development, assistant ministers in finance and development
planning and in local government, and numerous permanent secretary
positions. However, a 2007 U.N. report found that women's political
participation trailed that of men. In 2008 the Botswana Defense Force
began to admit women. In 2008 the first class of Batswana female
officer candidates completed training in Tanzania. During 2009 women
were included as officer candidates in the first such in-country
training and 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 in 2010 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.
Birth Registration.--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 remote locations. Unregistered children may be
denied some government services.
Education.--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 covered some 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.
Child Abuse.--Child abuse occurred and was often reported to the
police in the case of physical harm to the child. The police referred
the children to counseling in the Department of Social Services as well
as to local NGOs. Some cases were referred to the attorney general's
chambers for prosecution. There were no known cases of physically
harmful traditional practices, such as female genital mutilation.
Child Marriage.--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 or
permitted by the government.
Sexual Exploitation of Children.--The Children's Act of 2010
prohibits prostitution and sexual abuse of children. Sex with a child
younger than 16 is known as defilement and is prohibited and punishable
by a minimum of 10 years' incarceration. Police received reports
through the end of September of 393 cases of defilement, 1,173 cases of
rape (of both girls and women), 118 cases of indecent assault on
females, and four cases of incest. There were defilement investigations
and convictions during the year. There were reports of sexual abuse of
students by teachers. 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 prostitution and pornography are criminal offenses punishable
with five to 15 years in prison. Media and NGO reports claimed that
prostituted children had been made available to truck drivers on the
main road linking the country with South Africa and that many of the
girls and boys were thought to be orphans. This was mainly concentrated
along the trucking route in the eastern part of the country.
Displaced Children.--In 2005 the U.N. 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
2010, the government had registered 37,233 children as orphans. The
discrepancy between the two estimates was due to the fact the
government has a more restrictive definition of when a child is
orphaned than the U.N. The government requires both parents of a child
to have died before considering the child an orphan. Once registered as
orphans, 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. There were no reports of
orphans being abused by the police.
International Child Abductions.--The country is not a party to the
1980 Hague Convention on the Civil Aspects of International Child
Abduction.
Anti-Semitism.--The Jewish community was estimated to number 70
people. There were no reports of anti-Semitic acts.
Trafficking in Persons.--See the Department of State's Trafficking
in Persons Report at http://state.gov/j/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 mandates 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, older
government office buildings remained largely inaccessible. Most new
privately owned buildings provide disabled access. There is a
Department of Disability Coordination in the Office of the President to
assist persons with disabilities.
The Department of Labor is responsible for protecting the rights of
persons with disabilities in the labor force 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 people 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 are
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.
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 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. Many of
the San and their supporters continued to object to the government's
narrow interpretation of this ruling. Negotiations between San
representatives and the government regarding residency and hunting
rights stalled after the court ruling provided the right to access
water.
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 significant negative
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
explicitly criminalizing consensual same-sex sexual activity. 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. Police did not target same-sex
activity, and there were no reports of violence against persons based
on their sexual orientation or gender identity during the year.
An independent organization LeGaBiBo (Lesbians, Gays, and Bisexuals
of Botswana) attempted to register in 2009 as an NGO to advocate for
the rights of gay, lesbian, transgender, and bisexual persons, but the
government refused to register it. LeGaBiBo operated under the umbrella
of the Botswana Network of Ethics on Law and HIV/AIDS (BONELA), which
in February filed a lawsuit challenging the government's decision not
to register LeGaBiBo. In November BONELA withdrew its lawsuit against
the government due to technical errors in its founding affidavit.
Other Societal Violence or Discrimination.--Discrimination against
persons with HIV/AIDS continued to be a problem, including in the
workplace. The government funded community organizations that ran
antidiscrimination and public awareness programs. The Botswana Network
on Ethics, Law, and HIV/AIDS continued to advocate for an HIV
employment law to curb discrimination in the workplace.
In contrast to 2010, there were no reports that persons with
albinism were subject to societal discrimination.
Section 7. Worker Rights
a. Freedom of Association and the Right to Collective Bargaining.--
The law provides for the rights of workers, except police, military,
and prison personnel, to form and join independent unions to bargain
collectively, and to strike, provided certain restrictions are
observed. Police, military, and prison personnel are represented by
employee associations, which serve as a means to communicate collective
needs and concerns to their government employer. The Trade Union and
Employers' Organizations (TUEO) law provides for certain restrictions
that limit the right to organize. The TUEO law grants certain
privileges (such as access to an employer's premises for purposes of
recruiting members, holding meetings or representing workers, deduction
of trade union dues, recognition of trade union representation with
regard to grievances) only to unions representing at least one-third of
the employees in an enterprise. Trade unions that fail to meet some of
the formal registration requirements are automatically dissolved and
banned from carrying out union activities. The TUEO law also authorizes
the registrar to inspect accounts, books, and documents of a trade
union at ``any reasonable time'' and provides the minister of defense,
justice, and security with the authority to inspect a trade union
``whenever he considers it necessary in the public interest.''
The law provides for collective bargaining only for unions that
have enrolled 25 percent of an organization's labor force. The law also
permits an employer or employers' organization to apply to the
government to withdraw the recognition granted to a trade union on the
grounds the trade union refuses to negotiate in good faith with the
employer.
The law severely restricts the right to strike. Strikes are illegal
unless arbitration procedures are first exhausted. Sympathy strikes are
prohibited. Employees categorized as those in the ``essential
services'' as specified in the Schedule of the Trade Disputes Act,
including the Bank of Botswana, railway services, health care,
firefighting, military, transport services, telecommunications
infrastructure, electricity, water, and sewage are not allowed to
strike. In response to the 2011 Public Sector Strike, the minister of
labor and home affairs issued a regulation that added teachers,
veterinarians, and diamond workers to the list of those providing
essential services. The Trade Disputes Act empowers the commissioner
and the minister to refer a dispute in essential services to
arbitration or to the industrial court for determination. Striking
workers participating in an illegal strike may face dismissal.
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 Industrial Court. The average time to
resolve a labor dispute dropped from 20 months to 11 months by year's
end.
While the law allows formally registered unions to conduct their
activities without interference, members of nonregistered unions are
not protected against antiunion discrimination. The law provides for
protection against antiunion discrimination. Workers may not be fired
for legal union-related activities. Dismissals may be appealed to civil
courts or labor officers, which rarely ordered more than two months'
severance pay. The law does not provide for reinstatement of workers,
but a judge may order reinstatement if the firing is deemed to be
related to union activities. However, the law does not provide adequate
protection to public employees' organizations from acts of interference
by the public authorities in their establishment or administration.
Workers exercised the right to form and join unions. The government
protected the right to conduct union activities in practice. When the
unions followed legal requirements of exhausting arbitration and
notifying the government of a strike, the government permitted the
unions to strike and did not use force on strikers.
In a public sector strike from April 18 to June 10, unions and
government claimed the other side had not maintained the terms
negotiated for striking by workers in the ``essential services.'' The
unions filed a case against the government and the Industrial Court
ruled the government was in violation of the Trade Dispute Act by using
replacement labor in the first 14 days of a strike. The Directorate of
Public Service Management filed a counter court application, and on
April 26, the court ruled in favor of the government, ordering all
health workers, including workers not in essential services (such as
cooks and cleaners) to return to work immediately.
b. Prohibition of Forced or Compulsory Labor.--The constitution and
law prohibit forced and compulsory labor, including by children;
however, there were reports of forced child labor in cattle herding and
in domestic servitude.
Some Zimbabwean women employed as domestic workers reported being
exploited by employers through inadequate or nonpayment of wages,
restriction of movement, and threats of deportation. The government
conducted 2,291 labor inspections throughout the year, finding 360
cases of unpaid overtime worked and 265 cases of payment below the
minimum wage.
Also see the Department of State's Trafficking in Persons Report at
http://state.gov/j/tip.
c. Prohibition of Child Labor and Minimum Age for Employment.--
Children 14 years or older may be employed in light work that is ``not
harmful to [their] health and development'' and is approved by a parent
or guardian. The law provides that work shall not exceed six hours per
day when a child is not in school, and five hours when a child is in
school. The law provides that adopted children may not be exploited for
labor and prohibits the exploitation or coercion into prostitution.
The Ministry of Labor and Home Affairs is responsible for enforcing
child labor laws and policies in all sectors; however, resources were
too limited for effective oversight in remote areas. 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 and which advised the
government on the state of children three to four times throughout the
year. 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.
The law provides that a child should not ``move anything so heavy
as to be likely to endanger his physical development,'' work
underground or at night, or engage in anything dangerous or immoral.
Despite the laws and policies designed to protect children from
exploitation in the workplace, there were reports of child labor,
mostly on subsistence-level cattle posts or farms.
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. According to the 2005-06 labor survey, slightly fewer than
38,000 children between the ages of seven and 17 were employed 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.
Also see the Department of Labor's Findings on the Worst Forms of
Child Labor at http://dol.gov/ilab/programs/ocft/tda.htm.
d. Acceptable Conditions of Work.--The minimum hourly wage for most
full-time labor in the private sector was 3.80 pula ($0.58). 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, or approximately 16 pula ($2.40) a day. 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. A 2003 government
household income survey found that 23 percent of people lived on less
than a dollar a day. The government defines poverty as a lack of food,
shelter, clothing, etc. rather than an absolute income level; the same
survey estimated that 30 percent of people lived in poverty. A smaller
survey in 2009 estimated that 23 percent were impoverished.
The cabinet determined wage policy based on recommendations from
the National Economic, Manpower, and Incomes Committee, which consists
of representatives of the government, private sector, and Botswana
Federation of Trade Unions. The Ministry of Labor and Home Affairs is
responsible for enforcing the minimum wage, and each of the country's
districts had at least one labor inspector.
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. The law
prescribes 40-hour workweek for most modern private sector jobs, and a
48-hour workweek for the public sector. The labor law also applies to
farm and migrant workers. The Department of Labor had inspectors to
oversee and enforce labor regulations. There are limited requirements
for occupational safety contained in the Employment Act. The
government's ability to enforce its workplace safety legislation
remained limited by inadequate staffing and unclear jurisdictions among
different ministries.
The law provides that workers who complain about hazardous
conditions may not be fired, and authorities in the Ministry of Labor
and Home Affairs effectively enforced this right.
The government generally enforced wage, hour, health, and safety
requirements, but the number of labor inspectors was insufficient to
inspect all workplaces. Foreign migrant workers were vulnerable to
exploitative working conditions, mainly in domestic labor. Employers in
the formal sector generally provided for worker safety.
__________
BURKINA FASO
executive summary
Burkina Faso is a presidential republic. In November 2010 President
Blaise Compaore was reelected to a fourth term with more than 80
percent of the vote. Despite some irregularities and the resource
advantage held by the president, international observers considered the
election to have been free and transparent. 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.
Major human rights problems included security force use of
excessive force against civilians, criminal suspects, and detainees;
abuse of prisoners and harsh prison conditions; and societal violence
and discrimination against women and children, including female genital
mutilation.
Other major abuses included arbitrary arrest and detention,
judicial inefficiency and lack of independence, official corruption,
trafficking in persons, discrimination against persons with
disabilities, and child labor.
The government took steps to prosecute individuals in the police
and military accused of human rights abuse. However, impunity remained
a problem in the country.
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 20, Justin Zongo, a 24-year old high school student, died
in a Koudougou hospital. Zongo was questioned by police several times
between December 2010 and February 2011 after a female classmate
pressed charges against him for battery. Students and civil society
organizations claimed that Zongo died as a result of police brutality,
and not of meningitis as the government initially claimed. This death
sparked violent protests first in the Koudougou area and then
throughout the country. In the days following Zongo's death, the
confrontations between protesters and security forces turned violent. A
total of five civilians were killed in separate incidents by stray
bullets when the overwhelmed police tried to keep the crowd under
control and protect government buildings. On February 23, students
Wendkuni Kissou and Assad Ouedraogo and mechanic Issa Bado died after
clashes with security forces in Koudougou. Students Ahmed Zougba in Poa
and Michel Bouda in Kindi died on February 24. Policeman Andre Dabire
was lynched by a mob in Poa the same day in retaliation for the deaths
of civilians. According to the Burkina Faso Movement for Human and
Peoples' Rights (MBDHP), live fire used by police and gendarmerie units
during crowd control caused those deaths.
On February 26, the government responded to the violent protests by
relieving the governor of the Central West region and the regional
police director of their duties. On March 11, the Ministry of Justice
indicted three policemen in connection with Justin Zongo's death and
kept them in detention while investigations were underway. The attorney
general later stated that the Ouagadougou Court of Appeal would
investigate Zongo's death, and the incidents in Poa, Kindi, and
Koudougou as separate events.
On August 23, the Ouagadougou Court of Appeal jury found two of the
indicted policemen guilty of manslaughter and one of being an accessory
to manslaughter in the death of Justin Zongo. They were sentenced
respectively to 10 and eight years of imprisonment and immediately
transferred to the city jail. The defendants' lawyers filed an appeal
with the Cour de Cassation, the highest court of appeal in the country.
The Criminal Chamber of the Cour de Cassation was called upon to try
the three other cases. In the Koudougou incidents, two individuals were
charged and were in jail pending trial at year's end. Regarding events
in Poa, a policeman and two civilians were detained on murder, and
destruction of public buildings and personal properties charges. In
Kindi, a police assistant was arrested. At year's end investigations
were underway with the judges ordering ballistic expertise in Koudougou
and Kindi, and autopsies of the victims in the all cases.
In June 2010 Da Arnaud Some died while in police custody several
hours after having been arrested in Danyoro for alleged drug
possession. The circumstances of Some's death in a Gaoua hospital were
unclear. According to the police, Some tried to escape and sustained
injuries falling down a steep ravine. He died a few hours later in the
hospital. Human rights organizations, including the MBDHP, investigated
the death and concluded that Some died as a result of a 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 allegedly involved in Some's death and reassigning the entire
police staffs in Danyoro and Gaoua, including the two chiefs of police,
to other police stations. The three policemen were tried by the
criminal chamber of the Bobo-Dioulasso Court of Appeal. On June 17, two
of them were convicted of manslaughter and sentenced to five years in
jail; charges were dropped against the third.
In July 2010 security forces killed two young men in Gaoua after
violent demonstrations organized to protest the June 30 killing of
Some. According to official reports, security forces used shotguns to
restore order. Human rights associations collected empty cartridges
after the incidents and said injuries were consistent with the use of
live fire. Official post-incident reports referred to the causes of
death as ``accidental'' (see section 1c).
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 individuals. The
government made efforts to investigate and bring such cases to justice
(see section 1.a). Suspects in police or gendarmerie custody reportedly
were subjected frequently to beatings and threats. Government actions
to prevent such treatment were limited, with only a few known cases
when this behavior was punished. For example, in February four soldiers
publically humiliated a civilian by forcing him to undress and parade
naked (see section 1.d.).
Prison and Detention Center Conditions.--Prisons and detention
facilities did not meet international standards. Conditions in prisons
and detention facilities were harsh and at times life-threatening.
Prisons were overcrowded, and medical care and sanitation were poor.
Although regulations require the presence of a doctor and five nurses
at the Maison d'Arret et de Correction de Ouagadougou's (MACO) health
unit, only three nurses are on duty to treat the 1,506 detainees.
Prisoners' diets were inadequate, and inmates often relied on
supplemental food from relatives. Typically, a designated group of
detainees are tasked with cooking meals each day. Pretrial detainees
usually were held with convicted prisoners. The infrastructures are
decrepit and not adequately maintained. In some prisons such as the
MACO, the severe overcrowding hinders appropriate ventilation. However,
each cell has electricity and inmates can opt to buy a fan. They have
access to potable water and rudimentary sanitation. There is not an
office of the ombudsmen; however, the Burkina Faso Movement for the
Emergence of Justice (MBEJUS) reported that it occasionally acted as
ombudsman at the MACO. Women are held in a separate area of the prison,
and their detention conditions are better than those of men, in large
part because they are so few and thus have access to larger living
spaces. According to human rights organizations, deaths from prison
conditions or neglect occurred. Human rights activists believed that
two to four inmates die every week as a result of prison conditions. In
order to address overcrowding, the Ministry of Justice regularly grants
provisional release to inmates who have served at least two-thirds of
their sentences. Other alternative measures include community service
and half way house.
According to the Ministry of Justice, as of December 17, there were
4,837 persons incarcerated countrywide, including 103 women and 102
minors. Juveniles and adults were not held together in Ouagadougou;
however, in provincial prisons they were held together because no
separate facilities existed for juveniles. Under the supervision of the
Ministry of Justice, the Centre Laye houses convicted juveniles and
provides them with training to help them transition back to jobs.
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 incarceration 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 (ICRC). The ICRC visited prisons as did members of local
nongovernmental organizations (NGOs), foreign embassies, and the press.
The government conducted human rights and civil liberties training for
security forces, including prison officers.
Two riots occurred in Ouagadougou and Bobo-Dioulasso prisons during
the year. In Ouagadougou, on February16, a group of prisoners tried to
escape from the MACO during the night. The attempt to tunnel out failed
but turned into a riot after prison officers intervened. Prisoners
demanded speedy trials, better diet and health care, and measures to
alleviate overcrowding. An inmate was injured and a building was
damaged due to a fire. After the incident, the minister of justice and
human rights promotion visited the MACO and met with prisoners to
discuss their demands. The MBEJUS reported that improvements were made,
including efforts by the government to increase food rations and
establish a better medication supply for the prison health unit.
Similar events took place in the Bobo-Dioulasso prison on April 1.
After a failed escape attempt, a group of prisoners fought with prison
guards. One prisoner was killed during the riot, and 10 others were
injured.
The government conducted investigations on both prison incidents.
As a result, 10 MACO inmates were charged with malicious damage of
property, attempting to escape, and rebellion. They were sentenced to
an additional 12 months in jail. Investigations were underway at year's
end for Bobo-Dioulasso's prison.
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 systematically
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 stated that, although overall there was
a climate of impunity, the government took steps to address police
abuse. Policemen were convicted and sentenced to jail time in the
Justin Zongo and Da Arnaud Some cases (see section 1 a). Security
forces, particularly the army, sometimes acted independently of
civilian control as illustrated by this year's multiple military
mutinies.
On March 22, in response to actions after an altercation between a
senior enlisted soldier and four of his soldier friends, on one side,
and his wife's suspected lover, a Ouagadougou High Court sentenced four
soldiers to 12 months in jail, and a fifth to 15 months and also a
three million CFA fine (approximately $6,016) to cover damages to the
victim. The judge found them guilty of public indecency and theft
because they publicly had humiliated the wife's alleged lover in
February by forcing him to undress and parade naked.
This court decision angered some of their fellow soldiers, who felt
the sentences were too harsh. They decided to forcibly free their
colleagues using their military-issued weapons, caused damaged to the
courthouse, and succeeded in freeing their fellow soldiers from the
base prison. The government, to avoid the escalation of violence, did
not immediately re-incarcerate them. In protest, on March 24,
magistrate and lawyers' unions announced a nationwide suspension of all
judicial activities until the convicted soldiers were returned to
prison. The soldiers were re-incarcerated on April 6 and are still
awaiting trial; magistrates resumed their functions on April 11.
The criminal court of the Court of Appeals, however, granted the
convicted soldiers provisional release on April 8, pending their appeal
trial. The appeal trial was scheduled to take place on October 28, but
the court postponed the trial to March 9, 2012.
In June soldiers mutinied to obtain better working conditions, new
uniforms, and increased benefits. On July 7, the government published a
presidential decree dismissing 566 soldiers for taking part in the
mutiny. On December 15, an additional 60 soldiers were dismissed. In
both instances, the charges cited were ``particularly egregious conduct
contrary to honor and morals, and incitement to public disorder.''
Among those dismissed in July, more than 308 were detained in military
and civil jails and awaiting trial at year's end.
Observers stated that security forces were not effective in
responding to societal violence. They pointed to complicated procedures
for authorizing security force action as a hindrance to preventing and
responding to societal violence. For example, authorities were not
effective in addressing incidents last year between Fulani herders and
Mossi, Gourounsi, and Gourmanche farmers, or in cases in which elderly
women accused of witchcraft, were expelled from their homes or
villages.
The Justice and Human Rights Promotion Ministry conducted seminars
during the year to educate security forces on human rights.
Arrest Procedures and Treatment While in Detention.--By law, police
must possess a warrant based on sufficient evidence issued by
authorized officials to apprehend a suspect; however, in practice these
rights were not always respected. 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 through court-issued authorizations.
Arbitrary Arrest.--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 the law. 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. Defendants without access to legal
counsel often were detained for weeks or months before appearing before
a magistrate. For nonviolent offenders, ombudsmen are permitted to
serve on behalf of prisoners and detainees to negotiate alternatives to
incarceration to alleviate inhumane overcrowding.
Pretrial Detention.--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 and/or their
paperwork.
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.
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 corruption of magistrates,
outdated legal codes, insufficient number of courts, and excessive
legal costs.
Military courts try cases only involving military personnel charged
with violation of the military code of conduct while on duty, and
provide rights equivalent to those in civil criminal courts. Military
courts are headed by a civilian judge. They hold public trials and
publish verdicts in the local press.
Trial Procedures.--Trials are public, but juries are only used for
criminal cases. 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. In civil cases where the defendant is destitute
and makes the request, the state provides a court-appointed lawyer. In
criminal cases, court-appointed lawyers are mandatory for those who
cannot afford it. However, these rights were not always respected, due
in part to popular ignorance of the law and a continuing shortage of
magistrates and court-appointed lawyers. Human rights organizations
claim that there were major court backlogs but according to the
Ministry of Justice and Human Rights Promotion, 74.8 percent of cases
are tried within three months of formal indictment.
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, lack of
trust, 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.
Property Restitution.--The constitution provides women with equal
property and inheritance rights. In practice, however, the courts did
not consistently uphold a woman's right to inheritance. This practice
was most prevalent in rural areas, where a widow's right of inheritance
was superseded by her deceased husband's family claim on land and
possessions.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The constitution and law prohibit such actions, and
the government generally respects these prohibitions in practice. These
rights were suspended in cases of national security, where the law
permits surveillance, searches, and monitoring of telephones and
private correspondence without a warrant.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--Status of Freedom of Speech and
PressThe constitution and law provide for freedom of speech and of the
press, and the government generally respected these rights in practice.
Government media outlets including newspaper, television, and radio
displayed a progovernment bias, but allowed significant participation
in their newspaper and television programming by 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 broadcast without
government interference.
Individuals could criticize the government publicly or privately
without reprisal. During the year the government did not attempt to
impede criticism. All media are under the administrative and technical
supervision of the Ministry of Communications, 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 may summon a journalist to attend a hearing about his work,
followed by a warning for any subsequent violations. Hearings may
concern alleged libel, disturbing the peace, inciting violence, or
violations of state security. After the death of Justin Zongo, the SCC
repeatedly called for journalists and private newspapers to refrain
from incendiary language and instead promote social peace. Some
journalists saw this as a limitation of their freedom of speech.
Internet Freedom.--There were no government restrictions on access
to the Internet or reports that the government monitored e-mail or
Internet chat rooms. Individuals and groups could engage in the
peaceful expression of views via the Internet, including by e-mail.
Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.
b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The constitution and law provide for freedom of assembly;
the government generally respected this right.
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 order. If a demonstration or rally results in violence,
injuries, or significant property damage, penalties for the organizers
include six months to five years of imprisonment, and fines comprised
between 100,000 and 2 million CFA ($200 and $4,000). These penalties
may be doubled for an unauthorized rally or demonstration. 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.
The government at times reportedly limited communications by
disabling text message service on telephone networks. Human rights
groups alleged that during the March and April student protests, the
government employed such tactics.
On February 23 and 24, demonstrations in Koudougou, Poa, and Kindi
following Justin Zongo's death resulted in six deaths. According to the
MBDHP and other observers, police units used teargas and live fire to
disperse protesters (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.--See the Department of State's
International Religious Freedom Report at http://state.gov/j/drl/irf/
rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution provides for freedom
of movement within the country, foreign travel, emigration, and
repatriation, and the government generally respected these rights in
practice. The government cooperated with the Office of the U.N. High
Commissioner for Refugees (UNHCR) and other humanitarian organizations
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 the Economic Community of West
African States' guidelines, required travel documents, such as
identification cards, for regional travel.
Protection of Refugees.--Access to Asylum.--The country's laws
provide for the granting of asylum or refugee status, and the
government has established a system for providing protection to
refugees. The government 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.
Access to Basic Services.--Under the law, refugees have equal
access to employment, basic services, education, police, and court
services. There were no reports of refugees being denied these rights
during the year.
Temporary Protection.--According to the UNHCR and the National
Commission for Refugees, 78 Ivoirian asylum-seekers were registered in
Burkina Faso in April due to the Ivoirian political crisis. The
majority resided in Ouagadougou.
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 the government
severely disadvantaged the political opposition.
Elections and Political Participation.--Recent Elections: In
November 2010 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.--Political parties operated freely. Individuals
and parties may declare their candidacies and stand for election in
presidential elections provided the Constitutional Council validates
their candidacy; however, individuals must be members of a registered
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 members of
parliament, 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 no cabinet members from the political opposition
Participation of Women and Minorities.--There were 16 women in the
111-seats National Assembly and three women in the 30-member
presidential cabinet. One of the four higher courts was led by a woman,
the national ombudsman was a woman, 22 elected mayors were women, and
an estimated 40 to 45 percent of new communal councilors were women.
There are more than 60 ethnic groups in the country. Major ethnic
groups include Mossi (50 percent of the population), Fulanis (12
percent), and Dioula (10 percent). Ethnicity is not a factor in cabinet
appointments.
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. 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 Ministry of Justice and Human
Right Promotion. In recent years, despite numerous alleged instances of
high-level corruption, no senior government officials were prosecuted
for corruption. On July 27, the Council of Ministers dismissed the
mayors of Nangreongo and Boulmiougou because of accusations of
embezzlement and mishandling of communal resources. At year's end the
Ministry of Justice and Human Rights Promotion indicated that the High
Courts of Ouagadougou and Ziniare have not prosecuted these cases.
Corruption was widespread, particularly among lower levels of
police and gendarmerie. The 2010 report by the National Network to
Fight Against Corruption, a nongovernmental organization, stated that
customs, police, the health sector and tax offices 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 courts 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 some judicial action against representatives
of security forces accused by human rights groups of being responsible
for abuses and took disciplinary action against policemen (see section
1.a.) and soldiers accused of looting and mutiny. At year's end 308
soldiers were detained for their role in the mutinies and are awaiting
trial. On July 7, 566 were dismissed from their position by
presidential decree as were another 60 on December 15.
Some public officials like the president, the prime minister,
cabinet members, heads of institutions, ambassadors, and directors of
state-owned companies are subject to financial disclosure laws, but
anticorruption NGOs complain that those disclosures are not made
public.
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. There is no procedure to appeal denials of
requests for information.
On July 20, the Council of Ministers adopted a new government
communication strategy to improve accountability and transparency. The
new measures, already in effect, include: a toll-free number for
citizens seeking information on governmental action; a weekly column in
newspapers; press conferences every Thursday; and production of
television and radio shows. In 2009 and in an effort to fight
corruption, the government also implemented a toll-free number to allow
citizens to report suspected cases of corruption involving civil
servants.
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
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 Justice and Human Rights Promotion is responsible
for the protection and promotion of human rights and coordinates
relevant efforts of other ministries. The minister of justice and human
rights promotion reports to the prime minister. During the year the
ministry conducted education campaigns and published pamphlets to raise
awareness of human rights among security force members.
Government Human Rights Bodies.--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 his
2010 report to the president on June 9. The institution investigates
complaints related to conflicts between Burkinabe and non-Burkinabe
nationals living in Burkina Faso and complaints involving government
services. In 2010 the institution investigated 528 of the 880
registered complaints. The ombudsman office pursued 145 cases but was
unsuccessful in negotiating a settlement in 30 cases.
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 in the
commission and continued to charge that the commission was subject to
government influence. According to NGOs, the commission was
inadequately funded and thus ineffective.
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 and Domestic Violence.--Rape is a crime. Although
there were prosecutions during the year, no official statistics were
available on the number of rapes reported. Article 417 of the Penal
Code makes rape punishable with five to 10 years' imprisonment. Human
rights associations reported rape occurs frequently. The law makes no
explicit mention of spousal rape, and there have been no recent court
cases. Several 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 a
rape is reported, police investigate the accusation and, if the
evidence warrants, bring the case to court.
Domestic violence against women occurred frequently, primarily in
rural areas. No law specifically protects women from domestic violence,
and cases of wife beating usually were handled out of court. There were
no available statistics on how many persons were prosecuted, convicted,
or punished for domestic violence during the year. 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. There are no
government-run shelters in the country for women victims of domestic
violence, but there are counseling centers in each of the 13 regional
``Maison de la Femme'' structures. In addition, a toll-free help number
was activated. Since December, there have been daily advertisements
publishing the number in local papers.
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. The government enacted a gender quota law in April 2009. This
law requires that political parties have at least 30 percent women
among candidates on their electoral lists for legislative and municipal
elections. The law is scheduled to take effect during the 2012
elections and establishes financial incentives for political parties
who reach the 30 percent threshold.
In July 2009 the government adopted a national gender policy aimed
at reducing inequalities and gender discrimination in the country. At
years' end the Ministry for Promotion of Women launched a national
sensitization campaign focused on abating early and forced marriage and
teen pregnancies.
On occasion, vulnerable elderly women with no support, primarily in
rural areas and often widowed, were accused of witchcraft by fellow
villagers and banned from their villages. They are 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 urban centers.
The Ministry of Social Action and National Solidarity recorded
nearly 500 such women accused of being witches who had fled their
villages. During the year the Roman Catholic-operated Delwende center
housed approximately 317 persons accused of witchcraft. The Ministry of
Social Action and National Solidarity provides financial assistance to
the Delwende center and is building another center nearby to relocate
them in an area not prone to flooding. Another similar government-run
center is located in the Paspanga area in Ouagadougou and houses
approximately 100 women. The government and traditional authorities
worked together during the year to stop such persecutions. In
particular, the Ministry of Social Action and National Solidarity
initiated specific awareness programs with ethnic Mossi villages and
assisted with mediation efforts between suspected ``witches'' and
village elders. As part of an NGO-led sensitization campaign, women
from the two centers demonstrated peacefully on March 6 in Ouagadougou.
The Mogho Naaba, Emperor of the Mossi, was the sponsor of this event
and wrote a letter denouncing the condition of these women and calling
for an end to this practice.
Sexual Harassment.--The labor code explicitly prohibits sexual
harassment in the workplace, but such harassment of women was common
and considered by many as culturally acceptable. The law prescribes
fines of 50,000 to 600,000 CFA francs ($100 to $1,203) 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.
Reproductive Rights.--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 with less
educated populations, also limited the availability and use of these
resources. Reproductive rights were usually respected in urban areas
and among more educated people. According to the 2010 demographic and
health survey preliminary report (published in August 2011), the modern
contraceptive prevalence rate is 15 percent. A DHS preliminary report
also shows that 67 percent of births were attended by skilled
personnel. However, women often were subject to their husbands'
decision regarding birth control. In 2008 UNICEF estimated that the
maternal mortality ratio was 560 deaths per 100,000 live births, that a
woman's lifetime risk of maternal death was one in 28, and that a total
of 54 percent of births were attended by skilled personnel (mainly
midwives).
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. However, remote villages often lacked these facilities or did
not have adequate road infrastructure and transportation to permit easy
access. To obtain specific treatment or deliver under medical
supervision, women in rural areas sometimes had to travel great
distances to the closest urban health center. According to Amnesty
International, maternal deaths could also be partly explained by health
workers lacking adequate training.
Discrimination.--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 marriage. A wife may oppose further
marriages by her husband if she provides evidence that he has abandoned
her and her children. Each spouse 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 interest. In practice, however, the mother retained
custody until the child reached the age of seven, at which time custody
reverted to the father or his family. Women represented approximately
45 percent of the general workforce in the formal sector and were
primarily concentrated in lower-paying subservient 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. This
is exacerbated by the fact that 75 percent of marriages are defined as
common law (religious or traditional ceremony) marriages and not
legally binding. 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 increasing women's awareness of their rights, and is
working to facilitate their access to land. The government sponsored a
number of community outreach efforts and awareness campaigns to promote
women's rights.
Children.--Birth Registration.--Citizenship is derived either by
birth within the country's territory or through a parent. Many births
are not registered immediately, particularly in rural areas where
administrative structures are insufficient, geographically distant, and
rural parents do not know such registration is required. Lack of
registration sometimes resulted in denial of public services and
inability to register for school. To address the problem, the
government periodically organized registration drives and issued
belated birth certificates.
Education.--The law calls for compulsory, tuition-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 primary, school enrollment was approximately 78
percent for boys and 71 percent for girls.
Child Abuse.--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 ($601 to $1,805) 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.
In September, 29 year-old Boukary Sawadogo was convicted and
sentenced to three years in jail for public indecency and sexually
abusing a minor.
On September 13, the Ministry of Social Action and National
Solidarity launched a toll-free number enabling people to anonymously
report cases of violence against children. During the year the ministry
equipped two care centers in Ouagadougou and Bobo-Dioulasso for child
victims.
Child Marriage.--Several NGOs stated that child marriage was a
problem. In rural areas, the Population Council estimated that, in
2009, 62 percent of girls and women aged between 20 and 24 were married
by the age of 18. In the Sahel region, 19 percent of girls are married
before 15. According to the law, the legal age for marriage is 17 for
women and 20 for men. 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. Many NGOs worked with traditional leaders
and village elders to halt this practice. From 2008 to 2010, the
government carried out a project called ``Getting rid of early
marriages in Burkina Faso: a plan for protection, accountability and
community's intervention.'' The project aimed at fighting early
marriage by strengthening young girls' skills and their civil rights
knowledge.
Harmful Traditional Practices.--Female genital mutilation (FGM) was
practiced, especially in rural areas, despite being illegal, and
usually was performed at an early age. Although there are no accurate
and recent figures on FGM, the National Committee for the Fight Against
Excision (CNLPE) believes that the practice has decreased significantly
in recent years. In 2008 the committee reported that 249 girls had
undergone FGM, but this number should take into consideration the fact
that some parents take their child to neighboring countries, such as
Mali, where the practice of FGM is legal. Perpetrators are subject to a
significant fine of 150,000 to 900,000 CFA (between $301 and $1,811),
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 and National Solidarity arrested several
FGM practitioners and their accomplices. In accordance with the law,
they were sentenced to prison terms. On September 16, the Bobo-
Dioulasso High Court sentenced Daouda Konate to three years in jail and
a fine for perpetrating FGM on four girls under the age of three. It
was the first time that a man was convicted of FGM.
Burkina Faso's First Lady Chantal Compaore is the honorary
president of the CNLPE and is actively involved in the fight against
FGM. On February 28, she chaired a roundtable at the U.N. headquarters
entitled: ``International Campaign for a United Nations General
Assembly Resolution to Ban FGM Worldwide''.
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.
The government continued its national action plan, a ``Zero
Tolerance to FGM'' that aimed to reduce the practice of FGM by at least
30 percent by year 2013. Towards that end during the year the
government conducted awareness campaigns, trainings, and identification
and support programs for victims of this practice.
In September the Network of Burkina Faso Islamic Organizations
organized a national conference to raise awareness and fight against
FGM. They explained that despite popular belief, FGM is not a Muslim
tradition.
Sexual Exploitation of Children.--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.
Infanticide.--The law prohibits female infanticide, and there were
no reports of such cases. Newspapers reported cases of abandonment of
newborn babies following unwanted pregnancies.
Displaced Children.--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, after their parents sent them to the city to study with an
unregistered Qur'an teacher, or to live with relatives and go to
school. According to a 2010 report by the Ministry of Social Action and
National Solidarity, there were 5,721 street children in Burkina Faso
among which 2,308 children were enrolled in unregistered Qur'anic
schools. Several NGOs assisted street children. Two directorates within
the Ministry of Social Action and National Solidarity 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.
On September 10, the Regional Direction of Social Action and
National Solidarity in the Cascades region (in the west) organized a
workshop with members of the Muslim community, Qur'anic teachers,
police, gendarmerie and social workers. They worked with and educated
members of the Muslim community and discussed solutions to end the
phenomenon of street children, particularly child-beggars in Qur'anic
schools.
International Child Abductions.--The country is a party to the 1980
HagueConvention on the Civil Aspects of International Child Abduction.
Anti-Semitism.--There were no reports of anti-Semitic acts. There
was no known Jewish community in the country.
Trafficking in Persons.--See the Department of State's Trafficking
in Persons Report at http://www.state.gov/j/tip.
Persons With Disabilities.--The law prohibits discrimination
against persons with physical 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. In April 2010 the government enacted
additional legislation to expand the rights of persons with
disabilities. The law provides for reduced-cost or free healthcare and
access to education, and establishes codes for access to buildings, and
access to employment 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. During the
year the National Committee for the Reintegration of Persons with
Disabilities and NGOs conducted awareness campaigns and implemented
integration 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 persons
with disabilities and provided equipment for them to work.
National/Racial/Ethnic Minorities.--Incidents of conflict have
flared over trampled fields involving cattle herders 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 farm lands of the other groups, or farmers
wanting to cultivate land set aside by local authorities for grazing.
According to the Ministry of Animal Resources, more than 3,800 of such
conflicts occurred between 2005 and 2011, including 318 during the
first half of 2011. These conflicts caused 55 deaths since 2005 (see
section 1.d., Role of the Police and Security Apparatus).
In May clashes between members of Bwaba and Mossi ethnic groups
occurred in Solenzo over alleged disrespect for a traditional Bwaba
initiation ceremony by a Mossi. The confrontation resulted in two
deaths. The governor of the region and local authorities went to
Solenzo to mediate with local residents in order to resolve the
conflict. This incident also reflected long-lasting tensions over land
use in the region.
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 accept
homosexuality, 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 were HIV-positive, 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 while their husbands were not. 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. In January 2010 the government announced free distribution
of antiretroviral medication for HIV-positive persons.
Section 7. Worker Rights
a. Freedom of Association and the Right to Collective Bargaining.--
The law allows workers to form and join independent unions of their
choice without previous authorization or excessive requirements;
however, ``essential'' workers such as police, army, and other security
personnel may not join unions. The law provides unions the right to
conduct their activities without interference.
The law provides for the right to strike, although it stipulates 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 be submitted to the concerned
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.
The law prohibits anti-union discrimination and allows a labor
inspector to immediately reinstate workers fired because of their union
activities. All workers without distinction benefit from the relevant
legal protections. The government generally enforced these laws.
The government respected freedom of association and the right to
collective bargaining. During the year the government received 16
requests for union recognition. All were granted. The government
respected the right to conduct their activities without interference.
Unions have the right to bargain directly with employers and
industry associations for wages and other benefits. Approximately 86
percent of the work force 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. Worker organizations are independent of the government
and political parties. There were no reports of strikebreaking during
the year.
There were no reports of government restrictions on collective
bargaining during the year. There was extensive collective bargaining
in the formal wage sector; however, this sector included only a small
percentage of workers. Moreover, employers sometimes refused to bargain
with unions. This was the case for the establishment of an inter-
professional collective convention. In the private sector, particularly
in the mining sector and other industries, employers' use of
subcontracting made it difficult to systematically enforce workers
rights.
There were no reports of antiunion discrimination during the year.
b. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, including by children; however, there were
reports that such practices occurred. Forced child labor was 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. Some children sent to Qur'anic
schools by their parents were forced to engage in begging (see section
6, displaced children).
There were no instances of compulsory participation in public works
or forced prison labor.
Also see the Department of State's Trafficking in Persons Report at
http://state.gov/j/tip.
c. Prohibition of Child Labor and Minimum Age for Employment.--The
law sets the minimum age for employment at 16 and prohibits children
less than 18 years of age from working at night except in times of
emergency. The minimum age for employment was consistent with the age
for completing educational requirements, which 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. There were no explicit restrictions regarding
occupational health and safety in the law.
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. However, the
government did not effectively enforce the law.
The Ministry of Civil Service, 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 ($1,207). The number of convictions during the year
was unknown.
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. The government
worked with local NGOs to monitor the opening of new gold mines to
ensure that no children were employed there illegally.
Child labor was a problem. According to the National Institute of
Statistics and Demography 41.1 percent of the children between five and
17 years were engaged in some form of economic activity. Children
mostly worked in the following areas: agriculture (69.2 percent),
mining (2.2 percent), trade (5 percent) and sometimes as domestic
servants in the informal sector (19 percent). Some children,
particularly those working as cattle herders and street hawkers did not
attend school. A 2010 UNICEF study found that of 50,000 gold miners,
19,881 were children. The main reason for this phenomenon was poverty
and insufficient access to education.
Many children under the age of 15 worked long hours. 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.
Also see the Department of Labor's Findings on the Worst Forms of
Child Labor at http://dol.gov/ilab/programs/ocft/tda.htm
d. Acceptable Conditions of Work.--The law mandates a minimum
monthly wage of 30,684 CFA francs ($61) in the formal sector; the
minimum wage does not apply to subsistence agriculture or other
informal occupations.
The law mandates a standard workweek of 40 hours for non-domestic
workers and a 60-hour workweek for household employees, 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.
The government sets occupational health and safety standards. 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. The Ministry of
Civil service, Labor and Social Security was responsible for enforcing
the minimum wage. Government inspectors under the Ministry of Civil
Service, 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.
These standards were generally not effectively enforced. During the
year the government in conjunction with the Action Catholique des
Travailleurs provided technical assistance for trainings and seminars
as well as workshops on legislation and workers rights. 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
125 labor inspectors and 116 labor controllers. There were no reports
of effective enforcement of inspection findings during the year. There
were indications that the right to remove oneself from unsafe working
conditions was respected, although such declarations by the Labor
Inspection Office were rare.
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.
__________
BURUNDI
executive summary
The Republic of Burundi is a democratic, multiparty republic. The
2005 constitution provides for an executive branch that reports to the
president, a bicameral parliament, and an independent judiciary. In
June 2010 voters reelected President Pierre Nkurunziza, and in July
2010 they selected a new National Assembly (lower house) in elections
that international observers found largely free, fair, peaceful, and
consistent with international standards. The armed forces and other
security forces reported to civilian authorities. While observers
considered the military generally professional and apolitical, the
intelligence service and the police tended to be influenced directly by
and responsive to the ruling National Council for the Defense of
Democracy-Forces for the Defense of Democracy party (CNDD-FDD).
During the year the main human rights abuses included torture and
extrajudicial executions of detainees, particularly of members of
certain opposition political parties, by police, military, and
intelligence services; prolonged pretrial detention of detainees, often
without formal charges, in overcrowded, harsh, degrading, and sometimes
life-threatening prison conditions; and a lack of judicial
independence.
Other human rights abuses included interference with and
intimidation of government officials and political opposition members
by certain members of the ruling CNDD-FDD party and the intelligence
and police services. The political rights of certain opposition
political parties--including the right to hold party meetings--were
restricted arbitrarily, and members of these parties were detained and/
or threatened and intimidated. Some journalists and members of civil
society and nongovernmental organizations (NGOs) critical of the ruling
CNDD-FDD party and government were the objects of harassment and
intimidation. Corruption existed at all levels of government. Women and
girls suffered from violence and discrimination, and children and women
were trafficked. Forced child labor also existed.
The general reluctance and slowness of police and public
prosecutors to investigate and prosecute--and of judges to hear--cases
of government corruption and human rights abuse led to a widespread
perception of impunity for government and ruling CNDD-FDD party
officials and agents. In many cases investigative and judicial
officials hesitated to act as a result of bribes or threats to
themselves or their families.
Section 1. Respect for the Integrity of the Person, Including Freedom
from:
a. Arbitrary or Unlawful Deprivation of Life.--The U.N. Office of
the High Commissioner for Human Rights (UNOHCR) documented 61 cases of
extrajudicial executions committed by police, intelligence service,
military, and local government officials during the year. Members of
the Youth Wing (Imbonerakure) of the ruling CNDD-FDD political party
also were implicated in some of these cases. The UNOHCR conveyed all
these cases and their documentation to representatives of an
interministerial committee of the Ministry of Interior; the Ministry of
National Solidarity, Human Rights, and Gender; the Ministry of Public
Security; the National Intelligence Service (SNR); and others in the
government. The UNOHCR monitored the government's actions on each case;
as of November 30, no prosecutions were underway in any of the cases.
Besides these 61 cases, through November 30, the UNOHCR documented an
additional 42 cases of politically motivated assassination in which the
perpetrators were unknown; the victims included members of the
opposition parties National Liberation Front (FNL) and Movement for
Solidarity and Democracy (MSD), as well as members of the ruling CNDD-
FDD.
In November the UNOHCR requested from the Ministry of Justice a
list of those police officials who the government claimed were in
custody pending trial or serving jail terms for commission of human
rights violations, including extrajudicial killings. As of mid-December
the ministry did not produce the list. On May 19, the government
established an ad hoc commission to investigate, within three months,
incidents of violence committed before, during, and after the 2010
elections. By year's end the commission's report was not conveyed to
the prosecutor general of the republic.
The government established an ad hoc commission under the
jurisdiction of the public prosecutor for Bujumbura City to investigate
cases of extrajudicial executions in Bujumbura Rurale Province reported
during the period from November 2010 through June. In August the
commission completed its investigations and transmitted its report to
the prosecutor for Bujumbura City, but it did not release the report
publicly. To address the numerous unsolved killings and allegations of
extrajudicial executions and to prevent recurrences in the future, in
September the government instructed all public prosecutors to open case
files and pursue all murder cases, regardless of whether or not a
suspect was in custody.
The new National Independent Human Rights Commission (CNIDH), which
commenced its work in June, investigated as ``emblematic'' one case of
extrajudicial execution, that of Joel Ndereyimana, who was killed on
the night of June 22 while in the custody of police in Gihanga Commune,
Bubanza Province. According to the commission's investigation,
villagers apprehended Ndereyimana attempting to burglarize a local
residence and turned him over to the local Ndava-Busongo village
police. The Ndava-Busongo police then delivered Ndereyimana to Gihanga
police chief Dieudonne Magorwa on the night of June 22. Ndereyimana was
last seen alive in Magorwa's custody; his corpse was discovered on June
23 in another location. On July 4, the commission requested the Bubanza
prosecutor general to open a case file and pursue an investigation as
required by law. The prosecutor general initially was reluctant to open
a case file and did not do so until late July. The commission's on-site
investigation revealed that the delay in opening the case was due
primarily to the unwillingness of the two Ndava-Busongo village police
officers to testify because certain unidentified senior police
officials had threatened them with death if they talked to the
commission or cooperated in any investigation. In August the commission
recommended to the prosecutor general of the republic that Magorwa and
a lower level police officer be charged formally with extrajudicial
execution. The prosecutor general of the republic turned the case over
to the Bubanza provincial prosecutor general for investigation. A trial
date was set for October 26, but due to a strike by judges and court
personnel, the hearing was rescheduled to begin after the end of the
year.
Investigation into the alleged extrajudicial killing and beheading
of opposition MSD party member Leandre Bukuru in November continued.
The head prosecutor for the Gitega court of appeals investigated the
case, as a local police commissioner was alleged to be involved in the
killing. The CNIDH conducted its own investigation. Both investigations
continued at year's end.
The Special Commission of Inquiry established by the minister of
justice in November 2010 to investigate cases of extrajudicial
executions in the provinces of Cibitoke and Bubanza through the end of
October 2010 submitted its report to the prosecutor general of the
republic in June. According to the prosecutor general of the republic,
four cases involving local police officials were being pursued but, as
of November 30, no one was arrested. In addition, no action was taken
on the following cases from 2010: police officer Jackson Ndikuriyo, who
was killed in August 2010 while in the custody of Bubanza Province
Police Commissioner Remegie Nzeyimana and four other police officers;
and Japhet Bigirimana (alias Kadura), Boniface Mahungu, Nsabiyaremye
(alias Zairois), and Niyonkuru who were killed in September 2010 while
in the custody of Police Chief Eugene Bizindavyi of Buganda Commune,
Cibitoke Province, and other police officers.
In September the government's investigation of the 2010 killing of
Fabien Mpfubusa found that Mpfubusa was shot while resisting arrest;
four of his accomplices in the killing of two persons in Mubanga were
charged and in detention. There was no independent information
available to confirm or deny the allegation that Mpfubusa was a victim
of extrajudicial execution.
The high-profile criminal case of the killing of Ernest Manirumva
in 2009, allegedly by police and SNR personnel, continued. On January
19, a hearing to determine which court had jurisdiction resulted in the
case's being sent to the Bujumbura City High Court on January 26. At a
June 15 hearing before the court, the government prosecutor requested
that the case file be returned for further investigation, including the
results of the interrogation of a major suspect, Gabriel Nduwayo, who
was extradited by the government of Canada to Burundi in May. Nduwayo
and 16 other defendants remain in custody.
b. Disappearance.--There were no reports of politically motivated
abductions or kidnappings.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution and the law ban torture, but incidents
nonetheless occurred. During the year the UNOHCR documented 33 cases of
torture by police and SNR personnel.
The UNOHCR documented 35 victims of cruel, inhuman, or degrading
treatment or punishment for the year, mostly committed by the national
police. No information on arrests or convictions of the perpetrators
was available.
The UNOHCR documented 30 cases of rape and sexual abuse by
government agents during the year. Nine of the presumed perpetrators
were arrested. No information on the current status of the legal cases
against them was available.
Prison and Detention Center Conditions.--Prisons were overcrowded,
and prison conditions remained harsh and sometimes life-threatening.
Conditions in detention centers managed by the SNR and in local ``lock-
ups'' managed by police generally were worse than in the prisons. The
director of prison administration in the Office of Penitentiary Affairs
reported that as of November 30, 10,478 persons were held in 11 prisons
built before 1965 to accommodate a total of 4,050 inmates. Government
officials estimated that more than half of the persons held in prisons,
detention centers, and ``lock-ups'' were held, often without charge, in
pretrial detention.
The government improved conditions and alleviated overcrowding by
releasing hundreds of pretrial detainees. The director of prison
administration was not able to provide information on the number of
persons held in detention centers managed by the SNR or in ``lock-
ups.'' All prisons had access to potable water.
According to government officials and international human rights
observers, prisoners suffered from digestive illnesses and malaria; an
unknown number died as a result of disease. Each inmate is supposed to
receive 12 ounces (350 grams) of manioc and 12 ounces of beans daily.
Oil and salt may be provided on some days. Family and friends are
expected to provide funds and all other food to inmates. Although each
prison had at least one qualified nurse and at least a weekly visit by
a doctor, 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.
Cases of physical abuse and prolonged solitary confinement also were
reported.
As of November 30, there were 415 women in prisons and 88 children
under three years of age, some of whom were born in prison. There were
231 juveniles in pretrial detention and 154 convicted juveniles. A
separate area for female inmates existed in each prison. These areas
generally were better than the men's sections. For example, the female
prisoners made better use of the space provided; they received free
rations of charcoal; and NGOs provided more support such as furnishing
soap to women. A small prison in Ngozi Province was reserved for women
only. Juvenile prisoners were held in the same prisons as adults.
During the year 10 of the 11 prisons were rehabilitated to accommodate
juvenile prisoners in separate areas; however, adult prisoners often
were allowed in those areas as well due to overcrowding. Juveniles
generally were held with adults in detention centers and communal
``lock-ups.'' Pretrial detainees commonly were held with convicted
prisoners.
Prisoners were permitted religious observance without
discrimination. Prisoners were allowed to submit complaints to judicial
authorities without censorship; however, judicial authorities rarely
investigated prisoner complaints.
In May an estimated 900 inmates detained at Ruyigi prison, which
has a capacity of 300, rioted to protest deteriorating living
conditions. Rioters told local media they had not been fed for a week.
Guards restored order in a matter of hours; two inmates who were
attempting to use a rope to climb the prison wall were shot and killed.
In September the Office of the Prosecutor General of the Republic
and the Office of the Ombudsman began separate investigations into
prison conditions and individual cases (see section 1.d., Pretrial
Detention).
During the year the government permitted all visits requested by
international and local human rights monitors, including the ICRC. The
ICRC regularly visited all prisons, including police ``lock-ups,'' and
the SNR ``lock-up.'' The visits took place in accordance with the
ICRC's standard operating procedures. The ICRC was confident that it
had access to all prisons as well as SNR and police detention centers
and local ``lock-ups.''
d. Arbitrary Arrest or Detention.--The constitution and law
prohibit arbitrary arrest and detention. However, there were credible
reports that they occurred (see section 1.e., Political Prisoners and
Detainees).
Role of the Police and Security Apparatus.--Under the Ministry of
Public Security, the Burundi National Police has responsibility in law
and practice for law enforcement and maintenance of order with the
country. The Ministry of Defense, which commands the armed forces, is
responsible for external security but also has some domestic security
responsibilities. The SNR, which reports directly to the president, has
arrest and detention authorities. Elements of the police, the SNR, the
military, and local officials were responsible for human rights abuses
during the year (see sections 1.a. and 1.c.).
The constitution provides for a 50/50 quota (Hutu/Tutsi) in both
the military and the police to prevent these armed elements from being
used against one ethnic group or the other. The formal integration
(with international oversight and assistance) of Hutu into the
previously Tutsi-dominated army and police began in 2004 and largely
has been completed.
Burundi National Police.--The police generally were undertrained,
underequipped, underpaid, and unprofessional. They were widely
perceived by local citizens as corrupt and were often implicated in
criminal activity, including receiving bribes. Approximately 75 percent
of the police force included former rebels; 85 percent of the force had
received minimal entry-level training without any refresher training in
the past five years; and 15 percent of the police force did not receive
any training. Due to low wages, petty corruption was widespread. For
example, according to the government's Anti-Corruption Brigade in the
Ministry in the Office of the President in Charge of Good Governance
and Privatization, a truck or bus driver typically was compelled to pay
bribes totaling approximately 19,500 Burundian francs ($16) at
arbitrary police roadblocks and ``vehicle inspections'' on the main
road from Bujumbura to Makamba.
The public perceived police as heavily politicized and responsive
to the ruling CNDD-FDD party. During the year police officials were
implicated in cases of torture, killing, and extrajudicial execution
(see sections 1.a. and 1.c.). The government's general reluctance and
slowness to investigate and prosecute these cases led to a widespread
perception of impunity.
The international community was heavily engaged in providing
instruction at the police academy on human rights, code of conduct, and
community-oriented policing.
Armed Forces.--The armed forces generally were perceived as
politically neutral and professional. The country has contributed
peacekeepers to the African Union Mission in Somalia (AMISOM) since
2008. In September a board of inquiry of the African Union determined
that four Burundian peacekeepers deployed with AMISOM in Mogadishu were
responsible for the death of a Malaysian journalist and the wounding of
another. Burundian authorities disputed this finding. Also in September
the government officially requested the African Union to conduct an
independent investigation of the charges, but results were not
available at year's end. The four soldiers accused of the killing
continued to work in Mogadishu at the end of the year. The
international community was heavily engaged in training the armed
forces and regularly provided training in international humanitarian
law and in countering sexual- and gender-based violence to soldiers
assigned to AMISOM.
National Intelligence Service (SNR).--The SNR was a 200-person
force with mandates for both external and internal security. It was
reasonably effective at investigating what the government defined as
terrorists, including certain opposition political party leaders and
their supporters. The SNR was perceived by many citizens to be heavily
politicized and responsive to the ruling CNDD-FDD party. During the
year intelligence officials were implicated in cases of torture,
killing, and extrajudicial execution (see sections 1.a. and 1.c.). SNR
officials claimed that officers who were found guilty of abusing their
authority were punished internally. However, the government's general
reluctance and slowness to investigate and prosecute these cases led to
a widespread perception of impunity.
Arrest Procedures and Treatment While in Detention.--The law
requires arrest warrants issued by the presiding magistrate. 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 suspects 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
routinely failed to convene preliminary hearings, often citing their
``heavy'' case backlog and/or improper documentation by police. Lack of
transportation for suspects, police, and magistrates was, however, the
most frequently cited reason for the failure to convene preliminary
hearings. This was a particular problem in the six provinces where
there were no prisons; there was a lack of transportation to transfer
suspects to the provincial court with jurisdiction from their place of
detention in another province.
Police are authorized to release suspects on bail, but this
provision rarely was 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 it reportedly
occurred. Authorities on occasion denied family members prompt access
to detainees.
Arbitrary Arrest.--There were allegations of arbitrary detentions
by police and SNR personnel.
Pretrial Detention.--Prolonged pretrial detention remained a
serious problem. The law specifies that a person cannot be held longer
than 14 days without charge. As of November 30, according to the
director of prison administration, 49 percent of those being held in
prisons and detention centers were pretrial detainees--that is, held
without formal charge--and the average time in pretrial detention was
one year; some persons were held for nearly five years. Police,
prosecutorial, and judicial inefficiency and corruption contributed to
the problem. For example, a large number of persons were deprived of
their legal right to release on personal recognizance because public
prosecutors simply failed to open case files or because prosecutorial
and court officials ``could not find'' the case files. Others were held
without proper arrest warrants either because the police failed to
complete the initial investigation and transfer the case to the
appropriate magistrate or because the magistrate failed to convene the
required hearing to rule on the charges.
In September the prosecutor general of the republic and the Office
of the Ombudsman initiated separate reviews of the cases of all
prisoners with the goal of releasing either provisionally or completely
those held in pretrial detention. As a result of the review, in October
the government announced the release of 328 persons from Mpimba Prison
in Bujumbura.
In July lawyer Francois Nyamoya was arrested for allegedly
suborning a witness in the 2002 murder case of a World Health
Organization official, Dr. Kassy Manlan, in which he had defended his
sister, Gertrude Nyamoya. On August 19, the Superior Court ruled that
Nyamoya be provisionally released pending trial, on the conditions that
he not leave the country and that he report once a week or whenever
summoned to a magistrate. However, at the end of the year Nyamoya
remained in custody at Mpimba Prison, and his lawyer continued to
appeal his case.
e. Denial of Fair Public Trial.--Although the constitution and law
provide for an independent judiciary, there were instances in which
members of the judiciary were subjected to political interference and/
or took bribes to drop investigations and prosecutions, predetermine
the outcome of trials, or to fail to enforce court orders.
Judicial officials, including the president of the Supreme Court
responsible for prosecuting and trying high-profile corruption and
criminal cases, often were subjected to direct and indirect threats
from persons named in the cases or their political supporters. In
October magistrates went on strike for two months to protest political
interference and demand the removal of incompetent and corrupt judicial
personnel appointed by the government in violation of the law.
Executive officials also were threatened and harassed: In March the
ministers of justice and of good governance and privatization were the
targets of threatening telephone calls and text messages from persons
who sought to block a list of nominations for senior judicial positions
presented by the executive branch to the Senate for confirmation. Among
the nominees were several persons known for being tough on corruption
and on human rights violators.
Trial Procedures.--Defendants are presumed innocent. All trials are
conducted publicly by panels of judges. Defendants have a right to
counsel but not at the government's expense, even in cases involving
serious criminal charges. 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
legal assistance but could not assist in all cases. Defendants have a
right to defend themselves, including to question the prosecution's
witnesses, call their own witnesses, and examine evidence against them.
Defendants also can present evidence on their own behalf and did so in
the majority of cases. The law extends the above rights to all
defendants.
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.
Procedures for civilian and military courts are similar, but
military courts typically reached decisions more quickly. 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 government denied that
persons were detained or convicted for political reasons. Through the
end of November, the UNOHCR documented 107 cases of detention of
members of opposition political parties by police, intelligence
service, military, and local officials; these cases and documentation
were conveyed to the government for investigation. As of mid-December
there was no action.
Civil Judicial Procedures and Remedies.--Individuals and
organizations may seek civil remedies for human rights violations,
including appeal to the African Court on Human and Peoples' Rights.
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.
Membership in a registered political party often is needed to
obtain or retain employment in the civil service and the benefits that
accrue from such positions, such as transportation allowances, free
housing, electricity, and water, exemption from personal income taxes,
and interest-free loans.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--Status of Freedom of Speech and
Press.--The constitution and law provide for freedom of speech and
press; the government usually respected these rights.
Freedom of Speech.--The government mostly respected freedom of
speech. Throughout the year political party leaders, including those
representing the nonparliamentary opposition coalition that boycotted
the 2010 elections, convened press conferences, were interviewed by the
media, and issued/circulated written statements (including on the
Internet) in which they criticized the government and the ruling party.
In August prosecutors called in for questioning the president of one of
these opposition parties, the Front for Democracy in Burundi (FRODEBU),
after he expressed support for violence against the government in a
press conference. He was released after questioning during which he
retracted his statement by explaining that he had been ``provoked'' by
one of the journalists into saying what he had said.
On July 27, the president of the Burundian Bar Association, Isidore
Rufikiri, was detained by the public prosecutor of Bujumbura Mairie for
having repeatedly and publicly insulted government magistrates. After
``apologizing'' for his statements, he was released on August 4.
Freedom of Press: The law prohibits political parties, labor
unions, and foreign nongovernmental organizations from owning media
outlets. The law also prohibits the media from spreading ``hate''
messages or from using abusive or defamatory language against public
servants acting in their official role that could damage the dignity of
or respect for the public office.
The National Communications Council (CNC), an independent state
agency, oversaw enforcement of these laws and was charged with
promoting freedom of the press and expression, guaranteeing access to
information by all political parties, labor groups and media, as well
as accreditation of journalists. It reviewed all projects or
legislative proposals relating to the press and imposed sanctions
against media organizations that it deemed violated the law. The CNC
used counseling sessions with and reprimands of the heads of media
organizations or journalists who it thought violated the law. It did
not file lawsuits and lacked the resources to investigate cases;
instead, it referred cases to the prosecutor general of the appropriate
province. During the year the CNC issued eight reprimands in total to
four private, independent FM radio stations and one television station:
Rema FM, which tended to reflect the views of the ruling CNDD-FDD, and
African Public Radio, which was viewed as favorable to the opposition,
each received two reprimands; Radio Isanganiro, Renaissance TV, and
CCIB FM+, which were viewed as more politically neutral, each received
one. Following the reprimands, journalists from two radio stations,
African Public Radio and Bonesha, were summoned by public prosecutors
to respond to ``judicial investigations,'' but no criminal charges were
filed.
Violence and Harassment.--Some journalists investigating
controversial subjects such as corruption and human rights violations
reported threats from certain members of the police, the SNR, and the
ruling CNDD-FDD party.
Censorship or Content Restrictions.--The law protects public
servants and the president against ``words, gestures, threats, or
writing of any kind'' that are ``abusive or defamatory'' and would
``impair the dignity of or respect for their office.'' The law also
prohibits racially or ethnically motivated hate speech. The law
mandates a penalty of six months to five years in jail and a fine of
approximately 10,000 to 50,000 Burundian francs ($8 to $40) for
insulting the head of state. Some journalists, lawyers, political
party, and civil society or NGO leaders alleged that the government
used these articles to intimidate and harass them.
In May by decision of the cabinet, the government suspended for
three days a popular call-in program aired on the private, independent
African Public Radio because the host permitted a prominent opposition
political party leader to call the president a thief and murderer for
10 minutes before cutting him off. The program resumed broadcasting and
subsequently aired numerous live and taped interviews with prominent
opposition political party leaders.
Following the massacre of civilians in a bar near Gatumba on
September 18, the Burundian National Security Council (NSC) directed
the media to ``refrain from any communication that may undermine peace
and security and not publish, comment on or analyze'' information
related to the ongoing investigation of the massacre. A few days after
the NSC directives, most of the radio stations in the country flouted
the NSC order by broadcasting interviews about the massacre
simultaneously on all of their stations; the government took no actions
against them. The stations complied with the order after this single
act of defiance.
Libel Laws/National Security.--Libel laws prohibit the public
distribution of information that exposes a person to ``public
contempt'' and carry penalties of prison terms and fines. 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. It is a crime for
anyone knowingly to disseminate or publicize false rumors likely to
alarm the people or to excite them against the government or promote
civil war. It is illegal for anyone to display drawings, posters,
photographs and other items that may disturb the public peace.
Penalties range from two months to three years and fines. Some
journalists, lawyers, and political party, civil society, and NGO
leaders alleged that the government used these laws to intimidate and
harass them.
On May 13, the High Court of Bujumbura, on appeal, acquitted
NetPress editor and owner Jean Claude Kavumbagu of treason, libel, and
harmful imputation but confirmed the charge of ``publishing information
likely to harm the assets of the state and the national economy.'' He
paid the fine of 100,000 Burundian francs ($80) and was immediately
released. Kavumbagu was sentenced to eight months in prison but was
immediately released as he had already spent 10 months in pretrial
detention. The state prosecutor had requested a life sentence.
Internet Freedom.--There were no government restrictions on access
to the Internet or credible reports that the government monitored e-
mail or Internet chat rooms. Individuals and groups could engage in
expression of views via the Internet, including by e-mail.
Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.
b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The constitution and law provide for freedom of assembly,
and the government mostly respected it in practice. The law requires
political parties to notify the government prior to a meeting. Some
nonparliamentary opposition political parties claimed that local
officials refused permission for them to hold meetings and/or dispersed
meetings. In November at the request of the president of the Unity for
National Progress Party (UPRONA), one of the parties in the government
coalition, police dispersed a meeting of members of a dissident faction
of the party.
Freedom of Association.--The constitution provides for freedom of
association, and the government generally respected it in practice.
c. Freedom of Religion.--See the Department of State's
International Religious Freedom Report at http://state.gov/j/drl/irf/
rpt/.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution and law provide for
freedom of movement within the country, foreign travel, emigration, and
repatriation, and the government mostly respected these rights in
practice. The government cooperated with the Office of the U.N. High
Commissioner for Refugees (UNHCR) and other humanitarian organizations
in providing protection and assistance to internally displaced persons,
refugees, returning refugees, asylum seekers, stateless persons, and
other persons of concern.
In-Country Movement.--The government strongly encouraged citizens
to participate in community-level work projects every Saturday morning
and imposed travel restrictions on citizens during the hours of 8:30-
10:30 a.m. Permits were required for movement outside of one's
community during those hours, and these restrictions were enforced by
police roadblocks. Waivers could be obtained in advance; all foreign
residents were exempt.
Exile.--The law does not provide for forced exile, and the
government did not practice it. Several leaders of political parties
which boycotted the 2010 elections remain in self-imposed exile,
claiming to fear for their lives.
Emigration and Repatriation: The International Organization for
Migration estimated that 200,000 refugees from the country remained in
Tanzania.
Internally Displaced Persons (IDPs).--According to the government
estimates, there were approximately 150,000 IDPs. Some attempted to
return to their places of origin, but the majority relocated to urban
centers. 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.--Access to Asylum.--The country's laws
provide for the granting of asylum or refugee status, and the
government has established a system for providing protection to
refugees. At the end of 2010, the latest UNHCR data available, 29,365
refugees and 12,062 asylum seekers lived in the country.
Employment.--Refugees have the right to work except in protected
sectors like the army, police, and judiciary.
Access to Basic Services.--Refugees may access public services,
including for example education, health, and legal assistance.
Stateless Persons.--Citizenship is derived from the parents, not
the place of birth. According to the UNHCR at the end of 2010, 1,059
stateless persons lived in the country. The UNHCR stated that the
stateless persons were all Omani, and they were waiting for the
government of Oman to provide them with proof of their citizenship. The
government of Burundi offered them Burundian citizenship if they could
not get Omani citizenship. They reported no negative or prejudicial
events during the year.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution and law provide citizens the right to change their
government peacefully, and citizens exercised this right in practice
through periodic, free, and fair elections based on universal suffrage.
Elections and Political Participation.--Recent Elections.--Between
May and September 2010 the government held five separate elections:
communal councils (in May), presidential (in June), National Assembly
(in July), Senate (in July), and village councils (in September). Voter
turnout in the communal elections was more than 90 percent. Following
the communal elections, a coalition of 12 parties withdrew and
boycotted the remaining four elections. Following the withdrawal of the
opposition coalition, the CNDD-FDD's presidential candidate, Pierre
Nkurunziza, ran unopposed, and the ruling CNDD-FDD party won absolute
majorities in the National Assembly and Senate.
The EU's Election Observation Mission, which monitored the five
elections, noted that the June 28 presidential and July 23 National
Assembly elections were largely peaceful and generally well managed by
the Independent Electoral Commission, but that the political and
electoral environment was characterized by unfair use by the ruling
CNDD-FDD of government facilities and financial resources during the
campaigns, the absence of pluralistic competition, and restrictions by
the government and ruling party on the freedoms of political party
expression and assembly of its competitors. Members of the youth wings
of the CNDD-FDD and of several rival political parties engaged in
intimidation and violence before, during, and after the elections.
Political Parties.--There were 43 registered political parties, the
vast majority based on family, clan, or region and representing
localized interests. Only six parties fielded candidates in all 17
provinces and 129 communes in the May 2010 communal elections. In July
the National Assembly mandated that all parties reregister by the end
of the year. According to the new law, in order to qualify for public
campaign funding and to compete in the 2015 legislative and
presidential elections, parties must be ``nationally'' based (i.e., be
ethnically and regionally diverse) and demonstrate in writing that they
have party membership and organizations in all of the provinces. A
provision that all party presidents must reside in Burundi was rejected
by the coalition of political parties that boycotted the 2010
elections, given that the presidents of three of the parties in the
coalition remain in self-imposed exile abroad.
Participation of Women and Minorities.--The constitution reserves
30 percent of the seats in the National Assembly, the Senate, and the
communal councils for women. There were 32 women in the 106-seat
National Assembly and 19 women in the 41-seat Senate. The constitution
also mandates that 30 percent of appointed government positions be set
aside for women. After a cabinet reshuffle in December, women held
eight of 21 ministerial positions; there were seven women on the 17-
seat Supreme Court, and three women on the seven-seat Constitutional
Court.
The constitution provides for representation in all elected and
appointed government positions for the two main ethnic groups: the Hutu
majority is entitled to no more than 60 percent and the Tutsi minority
to no less than 40 percent. In addition, the Batwa ethnic group, which
makes up less than 1 percent of the population, is allotted three seats
in each chamber of parliament. However, in 2010 the government named a
non-Batwa to one of three Senate seats reserved for Batwas, a decision
challenged by the Batwa community but upheld by the Constitutional
Court in 2010.
Section 4. Official Corruption and Government Transparency
The law provides criminal penalties for official corruption.
However, the government did not fully implement the law, and some high-
level government officials continued to engage in corrupt practices
with impunity. Corruption is a very serious problem in the country.
The ministries of civil service, defense, and public security
completed reviews of all civil service, military, and police positions
and eliminated more than 5,000 ``ghost'' (deceased, retired, or
dismissed) personnel who were still drawing salaries, thereby saving
the government nearly 20.7 billion Burundian francs ($15 million)
during the year.
In the Burundian Tax and Customs Authority, the government fired
personnel, tightened procedures, and put the authority under foreign
management. As a result, tax and revenue collections increased through
the end of September by 137 percent over the same period in 2010.
The state inspector general and the Anti-Corruption Brigade of the
Ministry of Good Governance and Privatization are responsible for
investigating government corruption. Within the judiciary there is a
designated anticorruption general prosecutor and an anticorruption
court. The Anti-Corruption Brigade has the authority to investigate,
arrest, and refer offenders to the anticorruption general prosecutor.
During the year the Anti-Corruption Brigade investigated 226 cases.
Between October 2010 and September 2011, the Anti-Corruption General
Prosecutor's Office investigated 386 cases: 290 of these were scheduled
for trial at the Anti-Corruption Court, 42 cases were referred to other
courts, and 54 were dismissed.
In view of the lengthy backlog of cases in the court and the
difficulty of obtaining convictions, the Anti-Corruption Brigade
resorted in many instances to enforcing the law through settlements in
which the government agreed not to prosecute and the official agreed to
reimburse the money stolen. The government exercised its power to
freeze and seize property and bank assets of officials to compel
reimbursement. In most cases, however, the official was permitted to
retain his position.
Early in the year Melchior Wagara, the former chief of civilian
staff in the Office of the President, reportedly was required to
reimburse the government approximately 5.5 billion Burundian francs
($4.4 million) embezzled from the 2010 presidential inauguration fund.
On April 8, he was named to a vice president's position at the Central
Bank of Burundi, a position the government claimed provided no access
to or influence over monetary transactions. In another case, the
president of a government-owned bank reimbursed embezzled money to the
government; he remained in his position at year's end.
In 2007 the government charged three senior government officials
with fraud involving 48.3 billion Burundian francs ($38.6 million) in a
government procurement contract with a private company, INTERPETROL. In
early 2010 the prosecutor general dismissed the case for lack of
evidence, but the new government reopened the case in December 2010. In
April the government began prosecuting the owners of INTERPETROL, Munir
and Tariq Bashir, on charges of embezzlement, corruption, and
collusion. No new charges were brought against the government officials
associated with the case. Certain CNDD-FDD party and government
officials, including the director of the SNR, Adolphe Nshimirimana, and
the deputy director of the National Police, Gervais Ndirakobuca,
directly threatened the chief justice of the Supreme Court to force him
to drop the case. Nonetheless, with the support of senior government
and CNDD-FDD party officials, the chief justice and the public
prosecutor continued to prosecute the case at year's end.
In May a court official took a bribe to alter or forge a court
release order, and prison administration officials thus unwittingly
released four high-profile prisoners serving sentences for organizing
and carrying out a series of politically motivated grenade attacks
during the 2010 elections. According to police sources, the prisoners
remained at large at year's end.
The law requires financial disclosure by elected officials and
senior appointed officials once every five years, but not public
disclosure. Information on financial disclosures was difficult to
obtain. There is no freedom of information law.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A variety of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. Government officials
were somewhat cooperative and responsive to their views.
International and national human rights observers generally were
allowed to visit prisons and detention centers, including those run by
the SNR. Human rights groups continued to operate and publish
newsletters documenting human rights abuses and to participate in
meetings sponsored by the government and international organizations.
No major local human rights NGOs were closely aligned with the
government or political parties. Some national human rights NGOs
reported being subjected to intimidation and harassment by government
officials.
Following its May 2010 expulsion of the resident Human Rights Watch
(HRW) researcher, the government agreed to permit--and HRW assigned--a
new researcher in the country, who began work in early 2011.
U.N. and Other International Bodies.--The government cooperated
with international governmental organizations and permitted visits by
U.N. representatives and other organizations, such as the ICRC and the
U.N. Independent Expert on Human Rights in Burundi. In June the mandate
of the U.N. Independent Expert expired and was not renewed.
The UNOHCR was very effective and thorough. It regularly conveyed
its concerns to the appropriate government agencies, and had regular
follow up mechanisms. The ICRC also acted effectively in the country.
Government Human Rights Bodies.--During its first year of operation
the Office of the Ombudsman was widely perceived by both Burundians and
international partners to be impartial and effective.
In January parliament created the CNIDH; the authorities and
mandate of the commission are consistent with the Paris Principles on
National Institutions for the Promotion and Protection of Human Rights.
During the year the CNIDH exercised its power to call in senior
officials, demand information, and order corrective action; it also
monitored the government's follow-up. Local and international partners
widely perceived the commission as independent and effective.
Human rights committees exist in the national assembly and the
senate. They were instrumental in passing the law creating the CNIDH.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution provides for equal status and protection for all
citizens, without distinction based on race, language, religion, sex,
or ethnic origin. The government did not enforce it in many cases.
Women--Rape and Domestic Violence.--The law prohibits rape,
including spousal rape, with penalties of up to 30 years' imprisonment.
The law prohibits domestic abuse of a spouse, with punishment ranging
from fines to three- to five-years' imprisonment. The government did
not enforce the law uniformly, and rape and other domestic and sexual
violence continued to be serious problems.
According to reports compiled from family development centers
throughout the country, there were 3,781 reported cases of gender-based
violence in 2010, the last year that funding was available to compile
statistics. The local human rights organization, the Association for
the Protection of Human Rights and Prisoners in Burundi, recorded 61
alleged rapists arrested as of September. Centre Seruka, a clinic for
rape victims, estimated that 60 percent of alleged rapists were
arrested, and perhaps 30 percent of all arrested rapists were
prosecuted. During the year Centre Seruka averaged 116 new cases per
month; 65 percent of the victims were under the age of 18, 46 percent
were under the age of 13, and 15 percent were under the age of five.
The National Police's Women and Children's Brigade was responsible
for investigating cases of sexual violence and rape, as well as of
trafficking of girls and women.
Many women were reluctant to report rape for cultural reasons, fear
of reprisal, and the lack of medical care. Men often abandoned their
wives following acts of rape, and rape victims were ostracized by their
families and communities. Police and magistrates regularly required
that victims provide food for and pay the costs of incarceration of
those they accused of rape.
The government, with financial support from international NGOs and
the U.N., completed civic awareness training on domestic and gender-
based violence as well as the role of police assistance throughout the
country. The audience for the training included the police, local
administrators, and grassroots community organizations.
Civil society organizations worked to overcome the cultural stigma
of rape to help victims reintegrate into families that had rejected
them and encouraged rape victims to press charges and to seek medical
care. Centre Seruka provided shelter and counseling to victims of rape
and domestic violence. Several international NGOs provided free medical
care, mostly in urban areas.
Sexual Harassment.--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. The government did not actively enforce this
law. There were reports that sexual harassment occurred, but no data
was available on its frequency or extent.
Reproductive Rights.--The government recognized the right of
couples and individuals to decide freely and responsibly the number,
spacing, and timing of their children, and to have the information and
means to do so free from discrimination, coercion, and violence. For
cultural reasons husbands often made the final decisions about family
planning. Health clinics and local health NGOs were permitted to
disseminate freely information on family planning under the guidance of
the Ministry of Public Health. The government provided free childbirth
services, but the lack of 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 2010 demographic and health survey, 60 percent of all
births took place with skilled attendants. The 2008 census reported
that maternal mortality rate at 866 deaths per 100,000 live births. The
main causes of maternal mortality were hemorrhaging, postpartum
infections, obstetric complications, and hypertension. Health
facilities were not equipped to deal with these health problems in a
timely manner.
There were no restrictions on access to contraceptives. The
contraceptive prevalence rate was 18 percent. According to a knowledge,
attitudes, and practices survey done in 2009, this low rate was due to
weak involvement and/or opposition of men in family planning, lack of
dialogue on family planning within the couple, weak powers of decision
making of women on problems related to reproductive health,
inaccessibility of services because highly regarded health clinics
affiliated with certain religious groups did not provide modern
contraceptive methods, persistent rumors and beliefs against family
planning and modern contraceptive methods. Men and women had 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 transmission of HIV/AIDS.
Discrimination.--Despite constitutional protections, women
continued to face legal, economic, and societal discrimination and
often were victims of discriminatory practices with regard to
inheritance and marital property laws. The Ministry of National
Solidarity, Human Rights, and Gender is responsible for combating
discrimination against women.
By law women must receive the same pay as men for the same work,
but in practice they did not. Some employers suspended the salaries of
women while they were on what should be 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, women owned many businesses, particularly in Bujumbura.
Children.--Birth registration.--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 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. The
government registered without charge the births of all children up to
the age of five.
Child Abuse.--The law prohibits violence against or abuse of
children, with punishment ranging from fines to three- to five-years'
imprisonment; the problem was not widespread.
Harmful Traditional Practices.--Female genital mutilation is not
practiced, but the traditional practice of removing a newborn child's
uvula (the piece of flesh that hangs down at the rear of the mouth)
continued to cause numerous infections and deaths of infants.
Sexual Exploitation of Children.--The penalty for rape of a minor
is 10 to 30 years' imprisonment, and 18 is the minimum age for
consensual sex. 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 Rurale provinces, although
exact statistics were unavailable. According to UNICEF, approximately
60 percent of reported rapes were of children under age 18, and 20
percent of whom were under age 12. Centre Seruka reported that 95
percent of the rape victims who visited its facility during the year
were female; the average age of victims assisted by Centre Seruka was
14.5 years of age. The U.N. Development Fund for Women reported that
many rapes of minors were motivated by the rapist's belief that the
rape would prevent or cure sexually transmitted diseases, including
HIV/AIDS.
The law punishes child pornography by fines and three to five
years' imprisonment. While child pornography was not prevalent, the
rape of minors was a widespread problem.
Displaced Children.--According to the latest (2009) report compiled
by the Ministry of National Solidarity, Human Rights, and Gender and
the Institute of Statistics and Economic Studies of Burundi, more than
3,253 street children lived in the country's three largest cities of
Bujumbura, Gitega, and Ngozi; statistics on their numbers in other
communities were not available. The Ministry of National Solidarity,
Human Rights, and Gender stated that many of these children were HIV/
AIDS orphans. The government provided street children with minimal
educational support and relied on NGOs for basic services such as
medical services or economic support.
International Child Abductions.--The country is not a party to the
1980 Hague Convention on the Civil Aspects of International Child
Abduction.
Anti-Semitism.--There were no reports of anti-Semitic acts.
Trafficking in Persons.--See the Department of State's Trafficking
in Persons Report at http://state.gov/j/tip.
Persons With Disabilities.--The constitution prohibits
discrimination against persons with physical, mental, sensory, or
intellectual disabilities; however, the government was unable to
promote or protect the rights of persons with disabilities with regard
to employment, education, or access to health care. Although persons
with disabilities were eligible for free health-care 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 National Solidarity, Human Rights, and Gender
coordinates assistance and protects the rights of persons with
disabilities. 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.
Indigenous People.--The Batwa, the original hunter-gatherer
inhabitants who number approximately 80,000 persons, less than 1
percent of the population, generally remained economically,
politically, and socially marginalized. Lack of education, employment,
and access to land were cited as the major problems. Local
administrations must provide free schoolbooks and health care for all
Batwa children and two acres of land per family (comparable with the
nationwide average size of a farmstead). Local administrations largely
fulfilled these requirements. The constitution provides three appointed
seats for Batwa in each of the houses of parliament. Following the 2010
election, however, one of these three Senate seats was awarded to a
non-Batwa. The local NGO, Union for the Promotion of Batwa, claimed
that on October 23 three Batwa were killed and 32 Batwa houses were
systematically burned in Gahombo Commune, Kayanza Province. Five
suspects were arrested and held for two weeks. The local prosecutor
dismissed the case for lack of evidence.
Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--The law criminalizes same-sex
sexual acts with penalties ranging from a fine to imprisonment of three
months to two years, with or without a fine. During the year no one was
arrested or prosecuted under this law.
On May 17, the Remuruka Center, which offers urgent services to the
lesbian, gay, bisexual and transgender (LGBT) community, began
operations in Bujumbura. The government neither supported nor hindered
local LGBT organizations or the center.
Other Societal Violence or Discrimination.--The constitution
specifically outlaws discrimination against persons with HIV/AIDS or
other ``incurable'' illnesses; there were no reports of societal
violence or discrimination against persons with HIV/AIDS.
During the year criminals who trafficked in body parts of persons
with albinism kidnapped a five-month-old girl with albinism and hacked
off the arm of a young boy with albinism to sell to traditional healers
in Tanzania for use in magic charms.
Section 7. Worker Rights
a. Freedom of Association and the Right to Collective Bargaining.--
The constitution and the law protect the right of workers to form and
join unions without previous authorization or excessive requirements. A
union must have at least 50 members. Most civil servants may unionize,
but they must be registered with the Ministry of Civil Service, Labor,
and Social Security. Police, the armed forces, public sector employees,
foreigners working in the public sector, and magistrates may not form
or join a union. The law also prevents workers under the age of 18 from
joining unions without the consent of their parents or guardians.
Virtually no private sector jobs were unionized.
The constitution and the law provide workers with a conditional
right to strike but set strict conditions under which a strike may
occur and ban solidarity strikes. All peaceful means of resolution must
be exhausted prior to the strike; negotiations must continue during the
action and be mediated by a mutually agreed party or by the government;
and six days' notice must be given to the employer and the labor
ministry. Before a strike is allowed, the ministry must determine
whether strike conditions have been met. The law permits requisition
orders in the event of strike action. The ministry has a de facto veto
power over all strikes. The law prohibits retribution against workers
participating in a legal strike. The law also recognizes the right to
collective bargaining. 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. The law
allows unions to conduct their activities without interference. The law
prohibits antiunion discrimination. The law does not specifically
provide for reinstatement of workers dismissed for union activity.
Most workers worked in the unregulated informal economy and largely
were unprotected by labor law with the exception of laws regarding
minimum wage.
The Confederation Burundian Labor Unions (COSYBU) stated that
virtually no informal sector workers had written employment contracts;
according to government statistics, only 5 percent had written
employment contracts.
Freedom of association and the right to collective bargaining were
respected in practice. However, the government sometimes interfered in
union activities. The government did not effectively enforce applicable
laws and procedures were subject to lengthy delays and appeals.
In October the government suspended salaries of magistrates
striking for higher salaries. Soon thereafter the magistrates
terminated the strike, and their salary payments resumed. At the end of
2010 Juvenal Rududura, vice-president of the nonmagistrates' union of
the justice ministry (SPMJB), an affiliate of the COSYBU, had not been
reinstated. His criminal record was not expunged. He was imprisoned for
10 months in 2008-09 for criticizing on television antiunion repression
and corruption in the recruitment process. At the end of the year he
was still prohibited from leaving the city of Bujumbura and had to
report to the prosecutor's office once a month. His case was under
submission since 2009, and therefore he has yet to be readmitted to the
SPMJB.
The two principal trade union centers, the COSYBU and the
Confederation of Free Trade Unions of Burundi (CSB), criticized
authorities' constant interference in trade union affairs. Between 2007
and 2010 trade unions with close ties to the ruling party were created
in the health and education sectors. Workers were harassed by their
employers to join the ruling party, quit any union they were already a
member of, and join the government-controlled union. However, during
the year the COSYBU reported that the government-controlled unions lost
momentum and were less active. The government did not use hiring
practices to avoid hiring workers with bargaining rights.
Since most salaried workers were civil servants, government
entities were involved in almost every phase of labor negotiations.
Both the COSYBU and the CSB represented labor interests in collective
bargaining negotiations, in cooperation with individual labor unions.
b. Prohibition of Forced or Compulsory Labor.--The law prohibits
most forms of forced or compulsory labor, including by children. Most
reports involving adult men and women concerned cases of domestic
servitude. Forced labor by children involved domestic servitude and
agriculture. Children working in domestic service often were isolated
from the public, and some received other remuneration, such as food and
shelter, in lieu of wages for their work. Children in domestic service
could also be vulnerable to long working hours and physical and sexual
exploitation by their employers, conditions indicative of forced labor.
Children were trafficked internally for work in domestic service. Girls
were trafficked for commercial sexual exploitation to East Africa.
There were no credible reported cases of forced child labor in the
production of goods. The government has made an effort to stem child
trafficking. The police caught one ring trafficking three 16-year-old
girls en route to the Democratic Republic of Congo destined for the sex
trade. They caught a second ring trafficking 11 children between the
ages of six and 11 from one province to another destined for domestic
servitude. In both cases the perpetrators were prosecuted.
The government encouraged citizens to participate in community work
each Saturday morning and imposed travel restrictions on citizens
during the hours of 8:30-10:30 a.m.
Also see the Department of State's Trafficking in Persons Report at
http://state.gov/j/tip.
c. Prohibition of Child Labor and Minimum Age for Employment.--The
law states that enterprises may not employ children under the age of
16, barring exceptions permitted by the labor ministry. 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 law, the minister of
labor may permit children aged 12 and up to be employed in ``light
labor,'' such as selling newspapers, herding cattle, or preparing food.
Under the law the legal age for most types of ``nondangerous'' labor
varies from 16 to 18. Children are legally prohibited from working at
night and are legally limited to 40 hours per week. The law makes no
distinction between the formal and informal sector. The labor ministry
is responsible for enforcing child labor laws and had multiple
enforcement tools, including criminal penalties, civil fines, and court
orders.
The government did not effectively enforce these laws. Due to a
lack of inspectors and resources including fuel for vehicles, the
ministry enforced the law only when a complaint was filed. During the
year the government acknowledged no cases of child labor in the formal
sector of the economy and conducted no child labor investigations.
Because of extreme poverty, child labor was an economic necessity
for many families and remained a problem. Children younger than 16 in
rural areas regularly performed heavy manual labor in the daytime
during the school year, primarily in the agricultural sector. Children
working in agriculture could be subject to using potentially dangerous
machinery and tools, carrying heavy loads, and applying harmful
pesticides. They also herded cattle and goats, which could expose them
to the elements and force them to work with large or dangerous animals.
Many children worked in the informal sectors. Children were obliged by
custom and economic necessity to participate in subsistence farming,
family businesses, and other informal sector activity such as street
vending. Children also worked in small, local brick-making enterprises.
In urban areas children worked as domestic servants.
The commercial sexual exploitation of children also occurred. Older
females offered vulnerable younger girls room and board within their
homes under the guise of being benevolent, and in some cases pushed
them into prostitution to pay for living expenses; these brothels were
located in poorer areas of Bujumbura, as well as along the lake and
trucking routes. Extended family members sometimes also financially
profited from the prostitution of young relatives residing with them.
Business people recruited local girls for prostitution in Bujumbura and
nearby countries.
Also see the Department of Labor's Findings on the Worst Forms of
Child Labor at http://dol.gov/ilab/programs/ocft/tda.htm.
d. Acceptable Conditions of Work..--The informal daily minimum wage
in Bujumbura for unskilled laborers was 2,500 Burundian francs ($2.00).
In the past the minimum wage was set by the government, but the
government has stopped setting it, and during the year the minimum wage
was set by market forces. In the interior of the country, the daily
minimum wage was 1,000 Burundian francs ($0.80), with a lunch provided.
The government estimated that 60 percent of the population lived below
the poverty line which the World Bank defined for Burundi as being the
equivalent of $0.50 in urban areas and $0.38 in rural areas. More than
90 percent of the population participated in the informal economy. The
wages in the informal sector average between 2,500 and 3,000 Burundian
francs ($2.00 to $2.40) in Bujumbura and 211,500 Burundian francs
($1.20) in the interior of the country. There were no reports of
enforcement of minimum wage laws in recent years.
The labor code stipulates an eight-hour workday and a 40-hour
workweek, except for workers involved in national security activities.
Supplements must be paid for overtime work: 35 percent for the first
two hours and 60 percent thereafter. The weekends and holiday premium
pay is 200 percent. There is no statute concerning compulsory overtime.
Rest periods include 30 minutes for lunch. There is no differentiation
made between foreign or migrant workers and citizen workers.
The labor code establishes occupational safety and health (OSH)
standards that require safe workplaces. Enforcement responsibility for
acting upon complaints rests with the labor ministry. Workers did not
have the right to remove themselves from situations that endangered
health and safety without jeopardizing their employment.
The Department of Inspection within the Labor Ministry is charged
with enforcing the law regarding minimum wage and work hours and the
OSH standards. These regulations apply to the entire workforce and make
no distinction between domestic and foreign workers or between the
informal and formal sectors.
The government did not effectively enforce these laws. Due to a
lack of inspectors and resources including fuel for vehicles, the
ministry enforced the law only when a complaint was filed. Employees
generally did not complain so as not to jeopardize their employment.
There were no known examples of employer violations of OSH
standards, nor were there reports of OSH complaints filed with the
ministry during the year despite the fact that workplace environments
often did not meet OSH standards. There was no data on workplace
fatalities. Country Reports on Human Rights Practices for 2011
__________
CAMEROON
executive summary
Cameroon 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. It has unfettered control of all government branches.
The president retains the power to control legislation and rule by
decree. On October 9, CPDM leader Paul Biya won reelection as
president, a position he has held since 1982. The election was flawed
by irregularities, including the failure to properly distribute all
voter cards, late opening of polling stations, multiple voting, ballot-
box stuffing, the absence of indelible ink, and intimidation of voters.
There were instances in which elements of the security forces acted
independently of civilian control.
The most important human rights problems in the country were
security force abuses--particularly of detainees and prisoners; denial
of fair and speedy public trial; and restrictions on freedom of
assembly.
Other major human rights abuses included arbitrary arrest and
detention, prolonged and sometimes incommunicado pretrial detention,
life-threatening prison conditions, and infringement on privacy rights.
The government harassed and imprisoned journalists, restricted freedoms
of speech, press, and association, and impeded freedom of movement.
Corruption was pervasive at all levels of government. Societal violence
and discrimination against women and girls, including female genital
mutilation (FGM), was a problem. Trafficking in persons, particularly
children, and discrimination against pygmies, gays, and lesbians
occurred. There was occasional discrimination against persons with
albinism, although such incidents continued to decrease. The government
restricted worker rights and the activities of independent labor
organizations. Hereditary servitude, forced labor, including by
children, and child labor were problems.
Although the government took some steps to punish and prosecute
officials who committed abuses in the security forces and in the public
service, impunity remained a problem.
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
generally investigated and sometimes disciplined those responsible for
such killings.
On July 29, soldiers from the army regiment based in Nkongsamba
shot and killed Stephane Ewane, a high school student. Ewane and three
friends were returning from a party when they saw a military patrol and
fled, fearing arbitrary arrest, a common occurrence (see section 1.d.).
One of the soldiers shot without warning and hit Ewane. An
investigation continued at year's end.
Government officials confirmed that no action had been taken
against security force members accused of human rights violations in
2008 in association with the February protests, according to the 2011
Amnesty International annual report. In 2008 as many as 100 persons
were killed during protests against price increases and a
constitutional amendment that removed presidential term limits.
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, but
there were continued reports that security forces tortured, beat,
harassed, and otherwise abused citizens, prisoners, and detainees.
Security forces also reportedly subjected women, children, and elderly
persons to abuse. According to the Report by the Ministry of Justice on
Human Rights in Cameroon in 2010, 296 police officers and 115 soldiers
and gendarmes were sanctioned or prosecuted for misconduct in 2010.
Eight security force members were tried for alleged torture in 2010. Of
the eight, two were convicted, two were acquitted, and four cases were
pending at the end of 2010.
On January 1, in Tignere, the assistant prosecutor of Tignere,
Faro, and Deo Division, Adamawa Region, intervened to stop soldiers
from a Rapid Intervention Battalion (BIR) unit from beating a citizen.
In response, the soldiers severely beat the prosecutor. No further
information was available at year's end.
In January the chief of the Douala BIR dismissed a soldier who in
August 2010 shot at a bus, which he reportedly assumed was being driven
by bandits. One passenger was injured seriously.
On December 24, according to press reports, six BIR members
indiscriminately entered homes in Bafut, Mezam Division, and beat the
owners. They also looted homes and cars in the neighborhood. The
incident occurred after Bafut youths, who were having drinks in a bar
on December 23, refused to share their drinks with the BIR members when
asked. An investigation was underway at year's end.
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 for
External Intelligence (DGRE).
Security forces beat journalists and gay men during the year (see
sections 2.a. and 6).
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
reportedly were chained or at times flogged in their cells.
During a February visit, a delegation of the African Commission on
Human and People's Rights criticized prison conditions, which it
described as being below required standards. In June 2010 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, and lack of disinfectants.
During a 2009 visit to New Bell Prison in Douala, 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 nongovernmental organizations (NGOs) reported
rapes among inmates. Individuals incarcerated in New Bell Prison for
homosexual acts suffered discrimination by and violence from other
inmates.
According to statistics released by Catholic Relief Services in its
Protecting the Rights of Inmates and Detainees (PRIDE) project, as of
November there were 23,916 prisoners and detainees, including 255
juveniles (180 in the Yaounde's Kondengui Prison and 75 in New Bell
Prison) and 92 women (60 in Kondengui Prison and 32 in New Bell
Prison).
Prisoners were kept in dilapidated, colonial-era prisons, where the
number of inmates was as much as four to five times intended capacity.
According to the PRIDE project, the Yaounde Kondengui Prison,
originally built for approximately 1,000 inmates, held 2,928 in
November. In November the country's 74 prisons, with a capacity of
16,995 inmates, housed 23,196 prisoners and detainees. Overcrowding was
exacerbated by the large number of pretrial detainees.
Deficiencies in health care and sanitation, which were common in
all prisons, remained a significant problem. According to an August
report published by an NGO working in prisons, the penitentiary
administration provided New Bell Prison with an annual healthcare
budget of 4,000,000 CFA francs ($8,000) for its more than 2,000
detainees.
Potable water was inadequate, and prisoners' families were expected
to provide food for their imprisoned family members. For example, New
Bell Prison contained seven water taps for approximately 2,000
prisoners, contributing to poor hygiene, illness, and death. The daily
food allocation per prisoner was less than 100 CFA francs (20 cents).
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.
Some prisoners were kept in prison after completing their sentences
or receiving court orders of release due to inability to pay their
fines.
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. Conditions for male and female inmates were equally poor.
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 gravity of the offense, the distance to the nearest
security office, and the availability of lamibe, security officers,
complainants, and transportation. Within the palaces of the traditional
chiefdoms of Rey Bouba, Gashiga, Bibemi, and Tcheboa, there were
allegations of 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 2010 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 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
National Commission on Human Rights and Freedoms (NCHRF) also conducted
investigations during the year and publicly denounced poor detention
conditions. The NCHRF acted on behalf of prisoners or detainees to
alleviate overcrowding, address the status of juvenile offenders,
improve pretrial detention conditions, and other matters.
The country had no prison ombudsman.
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, and ICRC visits were conducted during the year in
accordance with standard modalities.
The government continued its efforts to improve prison conditions.
In March the penitentiary administration presented an assessment of the
modernization of prisons that the government launched in 2008.
According to the report, the government's initiative resulted in the
total renovation of 47 prisons, the construction of 27 wells, and the
purchase of 10 vehicles to transport prisoners, two pick-ups, one
minibus, and two trucks. The administration also acquired more beds and
mattresses.
As part of the PRIDE Project, Catholic Relief Services during the
year implemented the first phase of a project to improve recordkeeping
in prisons.
d. Arbitrary Arrest or Detention.--Although the constitution and
law prohibit arbitrary arrest and detention, 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 and the gendarmerie have primary
responsibility for law enforcement, although the gendarmerie alone has
responsibility in rural areas. The national police, which includes the
public security force, judicial police, territorial security forces,
and frontier police, report to the General Delegation for National
Security (DGSN), which is under the direct authority of the presidency.
Police were ineffective, poorly trained, and corrupt (see section
4). Impunity was a problem. Citizens often resorted to vigilante
violence rather than calling police (see section 6).
The DGSN investigates reports of abuse and forwards cases that
merit prosecution and trial to the courts. Lesser sanctions are handled
internally. During the year DGSN authorities sanctioned at least 49
security officers, including 32 soldiers and gendarmes and 17 police
officers. Offenses included harassment of citizens, corruption,
extortion, disregard of orders, forgery, and dangerous use of firearms.
The national gendarmerie and the army also have special offices to
investigate abuse. The secretary of state for defense and the minister-
delegate at the presidency in charge of defense subsequently sanction
abusers. However, the minister-delegate of defense refers cases
involving aggravated theft, criminal complicity, murder, and other
major offenses to the military courts for trial.
The BIR, an elite unit earning twice the pay of the regular army,
reportedly dismissed from its ranks officers implicated in violence
against civilians. Those dismissed were demoted to the regular army
with a 50 percent cut in pay.
According to the Report by the Ministry of Justice on Human Rights
in Cameroon in 2010, 296 police officers were sanctioned or tried for
misconduct in 2010. Infractions included extortion, aiding a suspect to
escape, and abusive use of a service weapon causing bodily harm.
Penalties ranged from warnings to the three-month suspension of 96
officers without pay.
The report also noted that military tribunals in 2010 tried 57
cases involving a total of 115 soldiers and gendarmes for offenses
ranging from corruption to manslaughter; 37 soldiers and gendarmes were
convicted for offenses including manslaughter, torture, violation of
instructions, false arrest, oppression, and attempted manslaughter. A
captain and a lieutenant were among those disciplined. Preliminary
administrative punishments--actions taken soon 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. The report also noted that an
additional 21 proceedings were ongoing.
During the year foreign military personnel provided training to
security forces on civil-military relations and the role of security
forces during elections, including rules of engagement and escalation
of force.
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, although this frequently did
not occur. Police may legally 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. Nevertheless, police occasionally
exceeded these detention periods. The law permits detention without
charge--for 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, although 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 respected.
Arbitrary Arrest.--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 charge or trial and, at
times, incommunicado.
Police arbitrarily arrested persons without warrant during
neighborhood sweeps for criminals and stolen goods. Citizens and
foreigners, including undocumented immigrants were required to carry
identification with them at all times, and police frequently arrested
persons without identification during sweeps. In July and September,
such sweeps took place in the Yaounde neighborhoods of Mimboman,
Etoudi, and Tongolo. While security forces subsequently released some
detainees, others were transferred to the Prosecutor's Office and
remained in detention at year's end on various charges, including
theft, aggression, and evasion.
The DGSN claimed a policy of zero tolerance for police harassment,
but police and gendarmes subjected undocumented immigrants--primarily
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 valid receipts for store merchandise.
Some members of the country's large community of Nigerian immigrants
complained of discrimination and abuse by government officials.
The government arrested Southern Cameroons National Council (SCNC)
activists for participating in SCNC activities (see section 3).
Security forces also arrested journalists and a human rights
activist during the year (see sections 2.a. and 5).
Unlike in the previous year, police did not arbitrarily arrest
women on the street suspected of prostitution.
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.).
Pretrial Detention.--The law provides for a maximum of 18 months'
detention before trial, but many detainees waited up to 10 years before
trial. According to the PRIDE project, more than 60 percent of inmates
were pretrial detainees. The law precludes holding juvenile detainees
more than three months after the conclusion of an investigation, but
juveniles were sometimes held for more than a year without trial.
Judicial inefficiency, a shortage of lawyers, corruption, and lost
files due to an inadequate tracking system contributed to lengthy
pretrial detention.
On his November 3 inauguration, President Biya granted amnesty to
hundreds of prisoners sentenced to one year of imprisonment or less.
Death sentences were commuted to life imprisonment, sentences of life
imprisonment were commuted to 20 years' imprisonment, and 10-year
sentences were reduced by eight years.
e. Denial of Fair Public Trial.--The constitution and law provide
for an independent judiciary, but 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 played this role publicly. 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.
Despite such executive influence, the judiciary occasionally
demonstrated independence. In September, for example, the Supreme Court
confirmed its previous ruling that the minister of culture's decision
to dissolve the Cameroon Music Corporation (CMC) was a violation of the
law. The court ordered the ministry to reinstate the CMC to its
previous status.
The legal system includes both national and customary law, and many
criminal and civil cases can be tried using either one. Criminal cases
generally were 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. The law provides for sentences of between two and ten years'
imprisonment and fines of between 5,000 CFA francs ($10) and 100,000
CFA francs ($200) to ``whoever commits any act of witchcraft, magic, or
divination liable to disturb public order or tranquility, or to harm
another in his person, property, or substance, whether by the taking of
a reward or otherwise.'' In adjudicating such cases, courts relied on
the testimony of witnesses and sorcerers, as well as confessions from
the accused. Trials for alleged witchcraft occurred infrequently.
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 they must abide by customary laws. Customary law ostensibly
provides for equal rights and status, although men may limit women's
rights regarding inheritance and employment. Some traditional legal
systems regard 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 if such crimes are
committed with firearms.
Trial Procedures.--The law provides for a fair public hearing in
which the defendant is presumed innocent. There is no jury system.
Defendants have the right to be present and to consult with an attorney
in a timely manner, 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 a
conviction. 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. A program funded by the European Union to improve the human
rights of detainees and their conditions of detention facilitated the
provision of free legal assistance to 3,000 detainees.
Despite a 2009 legal aid bill to facilitate judicial access for all
citizens, indigent defendants were not provided attorneys at public
expense, primarily due to resistance from attorneys who claimed they
were inadequately compensated for such work.
Political Prisoners and Detainees.--There were reports of political
detainees, but all were charged with other crimes.
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. In February the
government denied a visa to Atangana's French lawyer, which resulted in
one of the trial postponements during the year.
Civil Judicial Procedures and Remedies.--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.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--Although the constitution and law prohibit such
actions, these rights were subject to restriction for 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.
In late September and early October, police put the houses of SCNC
officials and activists under surveillance to monitor preparations for
protests on October 1, Unification Day. 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 were then released. There
were several complaints that police arbitrarily confiscated electronic
devices including cell phones.
In the Far North Region, human rights organizations reported that
the traditional ruler of Meskine, Diamare Division, arbitrarily evicted
some of his subjects from their land during the year.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--Status of Freedom of Speech and
Press.--Although the law provides for freedom of speech and press, it
also criminalizes media offenses, and the government restricted
freedoms of speech and press during the year. Government officials
threatened, harassed, arrested, and denied equal treatment to
individuals or organizations that criticized government policies or
expressed views at odds with government policy.
Freedom of Speech.--Individuals who criticized the government
publicly or privately sometimes faced reprisals. The government
attempted to impede criticism by monitoring political meetings.
On January 26, the vice chancellor of the University of Buea in the
Southwest Region suspended Stanley Eyongetta Njieassam, a student
leader, for criticizing the vice chancellor and challenging government
policies. The suspension was lifted on February 26.
On April 29, author Bertrand Teyou, who was arrested twice in 2010
for publicly criticizing the president, was released from prison after
paying a fine. In March 2010 gendarmes arrested and detained Teyou for
talking about the president in ``insidious terms'' during the
dedication ceremony of his book The Antecode Biya. Teyou subsequently
was 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 in November 2010 in
connection with the release of another book. 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 until his April
release.
Freedom of Press.--Approximately 400 privately owned newspapers
published during the year, but only an estimated 25 had sufficient
funds to publish regularly. The government enforced media regulations
irregularly, often implementing arduous requirements selectively for
regime critics. The government continued to disburse official funds to
support private press outlets, although it disbursed funds selectively
to outlets that were less critical of the government and with
instructions to provide reporting favorable to the regime. Government
officials used expansive libel laws to arraign journalists who
criticized them and to suspend newspapers. Privately owned media were
not accredited with the president's or prime minister's offices and
were not invited to accompany the president on official trips.
After its September 26 to October 2 visit to the country, Reporters
Without Borders noted that the law confuses media offenses with common
crimes, gives too much power to political and administrative officials,
and does not provide enough protection for access to information and
the confidentiality of sources.
Violence and Harassment.--Security forces detained, arrested, and
abused journalists during the year. In a statement published on March
31, the National Syndicate of Cameroon Journalists (SNJC) denounced the
sustained harassment and moral pressure of which journalists had been
the victims since the beginning of the year. SNJC called on the
government to respect the public liberties of citizens provided for in
the constitution. On March 9, the Committee to Protect Journalists
(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.
On January 20, in Ebolowa, Mvila Division, South Region, Police
Commissioner Evina assaulted and beat Rodrique Tongue, a journalist
working for Le Messager newspaper. Reasons for the assault were
unclear. No action was undertaken against the commissioner.
On September 16, police from the Special Group for Operations
seriously beat and injured Ulrich Fabien Ateba Biwole, a journalist of
Le Jour newspaper, in the Yaounde neighborhood of Anguissa. Ateba
Biwole was inquiring about a group of citizens escorted in the street
by armed men in civilian attire. The armed men, who Ateba Biwole later
learned were police officers, attacked him when they learned he was a
journalist.
Journalists also were arrested and detained.
On March 30, security officers arrested and detained incommunicado
Lamissia Aldorarc, the Adamoua Region correspondent of the Yaounde-
based daily Le Jour. Aldorarc, who was investigating an alleged armed
rebellion attempt, was held for several days in the DGRE Adamaoua
Region office.
On September 5, police arrested Francois Fogno Fotso, editor of the
private bimonthly Generation Libre, which in October 2010 had published
an article detailing alleged corruption by a tax official. From
September 5 to 9, Fotso was interrogated without the presence of a
lawyer and pressured to identify the sources for the article. On
September 9, Fotso was taken to court but not charged, and subsequently
returned to the custody of military police in Yaounde. Fotso had been
summoned four times by military police since the October 2010 article,
but refused to comply with their demands. In a public statement, the
Association of Patriot Journalists of Cameroon criticized what it
called an ``arbitrary arrest of a journalist who dared do his job.''
Security forces also arrested and detained Cameroonian journalists
representing foreign media outlets.
For example, on February 23, gendarmes of the Mboppi gendarmerie
brigade in Douala arrested and detained incommunicado for 24 hours
Reinnier Kaze, the correspondent of Agence France Press. Kaze was
reporting on an anti-Biya march in Douala. The gendarmes also arrested
several other journalists on the same occasion, including the reporting
team of Vox Africa, a pan-African television service.
Radio remained the most important medium and reached most citizens.
There were approximately 375 privately owned radio stations operating
in the country, three-fourths of them in Yaounde and Douala. The
government required nonprofit rural radio stations to submit
applications to broadcast, but they were exempt from licensing fees.
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.
Several rural community radio stations functioned with funding from
the U.N. Educational, Scientific, and Cultural Organization and foreign
countries. The government prohibited these stations from discussing
politics.
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 19 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 the station a distinct advantage over
independent broadcasters.
The government was the largest advertiser in the country. Some
private media enterprises reported government officials used the
promise of advertising (or the threat of withholding it) to influence
reporting of the government's activities.
Censorship or Content Restrictions.--Journalists and media outlets
practiced self-censorship.
Libel Laws.--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.
For example, on March 24, the Douala-Ndokoti first instance court
sentenced Jean Marie Tchatchouang, publisher of Parole newspaper, to a
suspended six-month prison term and damages of one million CFA francs
($2,000) to be paid to Ernest Ngalle, the general manager of Socatur, a
Douala-based bus company, for alleged libel against the general
manager. From September to December 2010, Tchatchouang published a
number of articles that accused Ngalle of embezzlement. The court also
suspended the newspaper for an undetermined period of time.
Internet Freedom.--There were no government restrictions on access
to the Internet or reports that the government monitored e-mail or
Internet chat rooms. Individuals and groups could engage in the
peaceful expression of views via the Internet, including by e-mail.
On March 8, MTN-Cameroon informed its Internet service customers
that the government required the suspension of Twitter SMS on its
network. The Ministry of Posts and Telecommunications officially denied
having initiated the measure, although some government officials
alleged that intelligence services had made the suspension decision.
The suspension was brief.
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.--Although the law provides for freedom of assembly, 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. The government also prevented civil society
organizations and political parties from holding press conferences,
where criticism of the presidential election, corruption, and abuse of
power were expected.
In February the prefect of Wouri Division banned Martyrs' Week
marches and rallies in Douala to commemorate the February 2008 riots.
The prefect alleged that the planned events, organized by political and
civil society organizations, were likely to disturb public order.
On September 10, Garoua gendarmes disrupted a meeting of the
Association Citoyenne de Defense des Interets Collectifs. The
organization sought to brief the public on its proposed agricultural
policy for presidential candidates.
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 to demonstrators.
For example, on February 23, the Douala anti-riot police used
water-cannon trucks and tear gas to disrupt a demonstration organized
by opposition parties and human rights organizations and activists to
commemorate the victims of the February 2008 riots.
On May 31, police detained 37 members of the Cameroon Coalition for
Food Self-Sufficiency and prevented more than 200 members from
demonstrating for increased government support for farms and a curb on
imports.
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 (see section 3).
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.--See the Department of State's
International Religious Freedom Report at http://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, security forces impeded domestic and
international travel during the year.
The government cooperated with the U.N. High Commissioner for
Refugees (UNHCR) and other humanitarian organizations in providing
protection and assistance to internally displaced persons, refugees,
and asylum seekers.
In-country Movement.--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.).
During the two-week presidential campaign, the government closed
the country's airspace to all but the president on the day he traveled
to Maroua to launch his campaign and on the day he returned. Opposition
candidates charged that the closure was intended to limit their
campaign activities.
Foreign Travel.--The government also closed the borders and
canceled all flights from the evening before the election until after
the polls had closed.
Exile.--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 refugees and residents in and around the Adamawa 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 Adamawa Region reported that most of the refugees have
been assimilated and that only a few hundred IDPs remained. IDP
children attended local schools, and the government provided refugees
with medical care. During the year the government worked with UNHCR to
protect and assist remaining IDPs, who the UNHCR reported were too few
in number to incorporate in their statistics.
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 country continued to host approximately 100,000 refugees, the
vast majority of whom were from CAR. Refugees were given the same
rights to basic services as the host population. Refugee access to
legal remedies--as with the general population-- remained limited.
Temporary Protection.--The government also provided temporary
protection to individuals who may not qualify as refugees and provided
it to more than 124,000 persons, including 110,000 from CAR, 7,500 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 CPDM members controlled key
aspects of the political process, including the judiciary.
Elections and Political Participation.--Recent Elections.--On
October 9, CPDM leader Paul Biya, who garnered more than 77 percent of
the vote, won reelection as president, a position he has held since
1982. The election was peaceful but marred by irregularities, including
polls that opened late, a voter list that contained numerous duplicate
entries, insufficient time to distribute registration cards, inadequate
training of polling officials, and the absence of indelible ink. These
shortcomings effectively disfranchised an unknown number of voters and
created opportunities for multiple voting and ballot box stuffing.
Domestic and international observers concluded that the irregularities
did not significantly affect the election outcome. Citizens residing
overseas registered and voted.
The opposition's failure to unite behind a single candidate divided
the opposition vote 22 ways and contributed to voter apathy and
cynicism. According to the Centre for Human Rights and Peace Advocacy
(CHRAPA), an organization with special consultative status at the U.N.,
less than 30 percent of the population voted. The government claimed
that 66 percent of the population cast ballots.
The election was administered by Elections Cameroon (ELECAM), which
was established in 2006 and whose members were appointed by the
president. ELECAM's original 12 Electoral Council members were formerly
active CPDM members, resulting in public skepticism of ELECAM's
credibility and objectivity. In May the government amended electoral
legislation to increase the number of council members from 12 to 18. In
July the president appointed six new members, who included prominent
figures from civil society. On October 7, one of the new appointees was
dismissed for allegedly receiving money from the CPDM to manage part of
its public relations campaign.
After the election the Supreme Court received 20 complaints from
political parties, 10 of which demanded either the partial or complete
annulment of results as a result of irregularities. On October 19, the
court dismissed all the cases for lack of evidence or late submission.
According to CHRAPA, coverage of campaign activities by the state
media was biased, providing extensive coverage of the campaign
activities of the incumbent but not of opposition parties.
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.
Political Parties.--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
Social Democratic Front (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 who also serve as CPDM officials. 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.
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.
Residents of the Anglophone Northwest and Southwest regions tended
to support the opposition SDF party and consequently claimed to suffer
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 Adamawa 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
quasi-political organizations in pursuit of their goals.
Authorities sometimes refused to grant opposition parties
permission to hold rallies and meetings and 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 February 9, gendarmes from Bali subdivision, Mezam Division,
Northwest Region, arrested and detained for five days Chief Ayamba Ette
Otun and two other SCNC members for circulating tracts calling for the
independence of Southern Cameroon and warning the government against
the mistreatment of Southern Cameroonians.
On October 1, the anniversary of the unification of Anglophone and
Francophone regions of Cameroon, security forces disrupted SCNC
meetings and protest rallies in Limbe, Tiko, Buea, Bamenda, and Kumbo.
Security forces also sealed off the residences of several SCNC leaders
and arrested and detained SCNC activists in Limbe, Buea, and Tiko.
Participation of Women and Minorities.--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 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
corruption was pervasive at all levels of government. Officials
frequently engaged in corrupt practices with impunity, and the World
Bank's most recent 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. In June the National Institute of Statistics published a
study, indicating that 87 percent of Cameroonian households considered
corruption a major issue in the country.
During the year the government sanctioned hundreds of government
employees for corruption, embezzlement, and mismanagement.
According to the Report by the Ministry of Justice on Human Rights
in Cameroon in 2010, authorities investigated 20 cases of corruption
and 235 cases of embezzlement of public funds in 2010; the courts heard
16 cases of corruption and 231 cases of embezzlement of public funds.
The National Anticorruption Commission (CONAC) is the country's
principal independent anticorruption agency; however, it was
subservient to the president and lacked autonomy. Between January 2008
and December 2010, CONAC received 723 petitions regarding corruption,
of which 132 involved embezzlement and 41 involved tender violations.
CONAC recommended prosecution for all cases received.
In 2010 the National Financial Investigations Unit (ANIF), a
separate financial intelligence unit that tracks money laundering,
referred to judicial authorities 35 of the 124 reports received of
suspicious transactions. Between its creation in May 2005 and 2010, the
ANIF referred to judicial authorities 139 of 450 reports received of
suspicious transactions. The ANIF has been informed of no trials or
hearings addressing any of the 139 reports it has 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. Some
officers convicted of corruption were relieved of their duties but
retained their jobs.
For example, in March the DGSN relieved of their functions Victor
Hugo Mbarga Mbarga, the inspector general of the DGSN, and Ayafor
Bernard Tangye, the DGSN west regional delegate, for aggravated
corruption.
On October 13, the secretary of state in charge of the gendarmerie
ordered the arrest of 13 gendarmes caught extorting money from truck
drivers on the Ebolowa-Ambam-Kye-Ossi highway. The 13 remained in
detention awaiting trial 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 reduced sentence or the outright release of
their relatives. Judges were susceptible to executive influence and
often stopped or delayed judicial proceedings in response to
governmental pressure. Many powerful political or business interests
had virtual immunity from prosecution, and politically sensitive cases
sometimes were settled through bribes.
There were no developments in the 2010 transfer to the judiciary of
47 corruption cases involving agriculture officials.
In October 2010 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 continued at
year's end.
On March 21 and April 25, the Douala High Court held hearings in
the 2009 arrest and detention of Jean-Baptiste Nguini Effa, former
general manager of the government-owned National Petroleum Distribution
Company, and six of his close collaborators, all of whom were charged
with embezzlement. The trial continued at year's end.
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. 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
Although a number of domestic and international human rights groups
investigated and published findings on human rights cases, government
officials repeatedly impeded the effectiveness of many local human
rights NGOs during the year by harassing their members, limiting access
to prisoners, refusing to share information, and threatening 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.
The government arrested human rights activists during the year.
For example, on February 11, in Douala, gendarmes of the Littoral
gendarmerie legion in the Bonanjo neighborhood arrested and detained
Mboua Massock, a political and human rights activist who was
distributing tracts calling for popular resistance against the Biya
government. Massock, who was arrested in 2009 and 2010 for similar
activities, was interrogated and released 10 hours later.
Since February 2010 authorities have harassed and conducted
surveillance on Maximilienne Ngo Mbe, secretary general of Solidarity
for the Promotion of Human Rights and Peoples and executive director of
the Network of Human Rights Defenders of Central Africa. In February
2010 Ngo Mbe presented a report on the human rights situation in the
country at the fifth platform for human rights defenders in Dublin,
Ireland. She subsequently received a threat letter for ``tarnishing the
image of the president of the republic'' and was the victim of repeated
thefts. During the year Ngo Mbe was followed by a car with no
registration plates, her telephone was tapped, and her computer, mobile
phone, and wallet were stolen.
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, sought to obtain medical attention for jailed
suspects, 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
commission hosted a seminar on lessons learned during the presidential
election.
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). On January 26, the NCHRF published a
report in which it characterized administrative detentions as a
``lethal weapon'' in the hands of some administrative authorities.
In June, in Yaounde, the NCHRF participated with other sub-regional
national human rights institutions in a workshop organized by the U.N.
Center for Human Rights and Democracy in Central Africa.
U.N. and Other International Bodies.--Although it impeded the
efforts of local NGOs, the government cooperated with international
governmental organizations and permitted visits by U.N. representatives
and other organizations, including the ICRC.
In February the government facilitated the visit of a delegation
from the African Union's Commission on Human and Peoples' Rights, which
was investigating conditions of detention and other issues.
Government Human Rights Bodies.--The National Assembly's
Constitutional Laws, Human Rights and Freedoms, Justice, Legislation,
Regulations, and Administration Committee reviews human rights
legislation submitted by the government and was instrumental in the
National Assembly's November 29 passage of a law criminalizing the
trafficking of adults.
On December 6, the government released the Report by the Ministry
of Justice on Human Rights in Cameroon in 2010, which focused primarily
on 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 2010 (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 did not enforce these provisions effectively, and
violence and discrimination against women, trafficked persons, ethnic
minorities, gays and lesbians, and suspected witches were problems. The
law prohibits homosexual acts.
Women.--Rape and Domestic Violence.--Although the law criminalizes
rape and provides penalties of between five and ten years' imprisonment
for convicted rapists, 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 girls
and women between 1970 and 2008 (see section 6, Children). Due to
social taboos associated with sexual violence, the great majority of
rapes went unreported. For example, the media reported on only four
rape cases during the year--one in Buea, Southwest Region and three in
Yaounde. Although the investigation did not result in an arrest in the
Buea case, police arrested the three suspected Yaounde perpetrators,
who were charged with rape and remained in detention awaiting trial at
year's end.
The German Agency for International Cooperation, in collaboration
with local NGOs, continued its campaign to raise awareness of rape and
educate citizens on penal provisions against rape. Campaign activities
included the distribution of leaflets and T-shirts bearing messages,
conferences in schools and women's associations, and radio broadcasts.
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. Women's rights advocates asserted that penalties for domestic
violence were insufficient. Spousal abuse is not a legal ground for
divorce.
Female Genital Mutilation (FGM).--Women over 18 were subjected to
FGM in isolated areas of Far North, East, and Southwest regions;
however, most FGM victims were children (see section 6, Children).
Sexual Harassment.--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,
although it was thought to be widespread.
Reproductive Rights.--Couples and individuals have the right to
decide freely and responsibly the number, spacing, and timing of
children, but societal pressures continued to reinforce taboos on
discussing contraception and all other sex-related issues, particularly
in northern rural areas. Prenatal care, skilled attendance during
childbirth, and postpartum care were not available to many women,
particularly to those living in rural areas. According to 2008
statistics, the maternal mortality rate was estimated at 1,000 per
100,000 births. In cooperation with NGOs, the government conducted
programs to educate couples, especially men, on responsible spacing
between childbirths. The Ministry of Public Health produced radio and
televised information programs on responsible parenthood and encouraged
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
pregnant women at health clinics. Women were equally diagnosed and
treated for sexually transmitted infections, and all government and
civil society campaigns against the disease targeted both men and
women.
Discrimination.--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.--Birth Registration.--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 industry for
fabricated 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
(Pygmies), most of whom did not have birth certificates (see section 6,
Indigenous People). The program also assisted Baka in registering for
school.
Education.--Schooling is mandatory through the age of 14, but
parents had to pay uniform and book fees for primary school students
and tuition and other fees for secondary school students, rendering
education unaffordable for many children. The government continued its
three-year program to improve school access by building new classrooms,
recruiting new teachers, and providing water fountains.
According to Jeune Afrique's September report on Investing in
Cameroon, 47.7 percent of girls and 56.7 percent of boys attended
primary school. 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.--Child abuse was a major 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.
On February 2, the minister of social affairs in partnership with
UNICEF launched a nationwide campaign to sensitize the public on child
abuse, including sexual abuse, child labor, and child trafficking.
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.
Child Marriage.--While the minimum legal age for a woman to marry
is 15, many families tried to marry their female children before they
turned 12 years old. 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, but the courts heard one forced marriage case in 2010.
Harmful Traditional Practices.--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 areas.
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. 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.
In February the government disclosed an action plan to prevent FGM
and to draft legislation to end the practice. Until legislation has
passed, the plan provides for government collaboration with civil
society organizations to care for victims and prevent new cases. In
February, in the Briqueterie neighborhood of Yaounde, the minister of
women's empowerment and the family held meetings with Muslim civil
society organizations to assess the FGM zero-tolerance program in which
they had been involved in previous years. Similar assessment meetings
were held in Kousseri, Logone and Chari Division, Far North Region,
where the Ministry of Social Affairs cooperated with two NGOs to
eliminate FGM.
Breast ironing, a procedure to flatten a young girl's growing
breasts with hot stones, was perpetrated on many girls, 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.
Sexual Exploitation of Children.--The penalties for the sexual
exploitation of children include imprisonment from 15 to 20 years and a
fine of from 100,000 CFA francs ($200) to ten million CFA francs
($20,000). The law does not specifically provide a minimum age for
consensual sex. The law prohibits the use of children for the
production of pornography and provides for prison terms of from five to
ten years and fines of from five million CFA francs ($10,000) to 10
million CFA francs ($20,000) for perpetrators who use any electronic
system to forward child pornography or any document that could harm the
dignity of a child. Children under the age of 18 were engaged in
prostitution, and the problem was believed to be pervasive, although no
statistics were available.
Displaced 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. In 2010 the Ministry of Social
Affairs reunited five street children with their families and placed 82
in institutions.
International Child Abductions.--The country is not a party to the
1980 Hague Convention on the Civil Aspects of International Child
Abduction.
Anti-Semitism.--The Jewish community was very small, and there were
no reports of anti-Semitic acts.
Trafficking in Persons.--See the Department of State's Trafficking
in Persons Report at http://state.gov/j/tip.
Persons With Disabilities.--Due in part to the scarcity of
facilities for persons with disabilities and lack of public assistance,
the president in April 2010 promulgated a law to protect and promote
the rights of persons with disabilities. The law requires that both new
and existing government and private buildings be designed to facilitate
access by persons with disabilities; secondary public education be
tuition-free for persons with disabilities and children born of parents
with disabilities; and initial vocational training, medical treatment,
employment be provided ``when possible,'' and public assistance be
provided ``when needed.'' During the year the government implemented
the educational provisions of the law.
Societal discrimination continued against persons with albinism.
Such discrimination occurred less frequently than in previous years,
but employment opportunities for persons with albinism remained
limited, although at least one such individual occupied a senior
position in the government. In early August the Cameroon-based World
Association for the Defense of the Interests and Solidarity of Albinos
held its 13th National Week of Albinos. The organization called on the
government to provide reduced healthcare costs, better access to
education, and equal employment opportunities for persons with
albinism.
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
hereditary servitude were alleged, largely Fulani enslavement of Kirdi.
Many Fulani hired Kirdi at exploitive wage levels to perform tasks that
the Fulani considered menial and beneath them.
Vigilante violence against persons suspected of theft resulted in
at least two deaths during the year. Public frustration over police
ineffectiveness and the release without charge of many individuals
arrested for serious crimes contributed to vigilante violence.
For example, on March 4, inhabitants of the Makepe neighborhood of
Douala burned to death two thieves, who allegedly stole the motorbike
of an elderly inhabitant of the neighborhood. An investigation was
ongoing at year's end.
Indigenous People.--An estimated 50,000 to 100,000 Baka, including
Bakola and Bagyeli (Pygmies), resided primarily (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. 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. In July the
NGO Reseau Africain pour les Droits Environnementaux echoed Baka
allegations, which three other local NGOs had reported in 2010. At its
inception in 2000, the Cameroon Oil Transportation Company (COTCO),
which manages the Chad-Cameroon pipeline, established a system for
adjudicating compensation and any other claims, using a committee with
representatives from COTCO, local communities, NGOs, and the
government. The committee paid almost $12 million in claims in Cameroon
since the project's inception, including $12,000 in the 12-month period
ending in July 2011. The committee held thousands of meetings with
local citizens over the years, including more than 400 during the year
in Cameroon. The committee finished adjudicating active compensation
claims during the year and began shifting resources toward eradicating
malaria and conducting other corporate social responsibility projects
affecting populations along the pipeline. Some local Baka continued to
claim that they were not fairly compensated.
The Ministry of Social Affairs continued efforts begun in 2005 to
provide birth certificates and national identity cards to Baka;
however, 95 percent of Baka did not have identity cards at year's end.
Ministry teams reported that efforts to reach Baka were impeded by the
difficulty in accessing their homes deep in the forest, but that slow
progress was being made. During the year ministry teams located dozens
of Baka to assist them with registration and voting.
Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--Consensual same-sex sexual
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 10 persons were arrested for suspected
homosexual activity, although most were not engaged in homosexual acts
at the time of arrest.
Gay men and lesbians generally kept a low profile because of the
pervasive societal stigma, discrimination, and harassment as well as
the possibility of imprisonment. Gay men and lesbians suffered from
harassment and extortion by law enforcement officials. According to one
human rights NGO, government officials and private citizens sometimes
conspired to make false allegations of homosexuality to harass enemies
or extort money.
In March Jean-Claude Roger Mbede was sentenced to three years in
jail by the Yaounde lower court for homosexual activity.
On July 25, police detained three men returning from a bar in
Yaounde because two of the men appeared effeminate, according to the
Association for the Defense of Homosexuality and Human Rights Watch.
The three were jailed for one week before being charged, and the two
who appeared effeminate were beaten on the soles of their feet until
they confessed to being gay, according to a civil society group working
on their behalf; the third man was released. After repeated
postponements, a trial was held on September 26, at which the two men
who confessed to being gay were sentenced to five years in prison and a
fine of 200,000 CFA francs ($400). An arrest warrant was issued for the
third man, who was convicted and sentenced in absentia to the same
punishment.
On January 13, following the EU decision to finance the Project to
Provide Assistance and Guidance to Sexual Minorities, the then minister
of external relations Henri Eyebe Ayissi convoked Raul Mateus Paula,
the EU ambassador, to convey the government's opposition to the
decision, noting that the law criminalizes homosexuality.
Several lesbian, gay, bisexual, and transgender organizations
operated in the country. There was a pattern of discrimination against
members of such groups, although no official cases were available for
citation.
Other Societal Violence or Discrimination.--Persons infected with
HIV/AIDS often were discriminated against and isolated from their
families and society due to the societal stigma and lack of education
about the disease.
Discrimination against persons suspected of practicing witchcraft
was a problem in rural areas. Suspected witches were shunned and forced
to travel to neighboring villages to buy food or maintain garden plots.
Women whose children died at birth, for example, were suspected of
selling their newborns to mystic forces in exchange for living a long
life.
Section 7. Worker Rights
a. Freedom of Association and the Right to Collective Bargaining.--
The law allows workers to form and join trade unions, conduct legal
strikes, and bargain collectively, but the government imposed numerous
restrictions in law and in practice. 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. 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.''
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. The law does not
apply to the agricultural or other informal sectors, which included the
majority of the workforce.
Legal strikes may be called only after mandatory arbitration.
Workers who ignore procedures to conduct a legal strike can be
dismissed or fined. Before striking, workers must seek mediation from
the Ministry of Labor and Social Insurance (MINLESI) at the local,
regional, and ministerial levels. Only if mediation fails at all three
levels can workers formally issue a strike notice and subsequently go
on strike. 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, including police,
gendarmerie, and army personnel. Instead of strikes, civil servants
were required to negotiate grievances directly with the minister of the
appropriate department in addition to the minister of MINLESI.
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.
Industrial free zones are subject to labor law, except for the
following provisions: the employers' right to determine salaries
according to productivity, the free negotiation of work contracts, and
the automatic issuance of work permits for expatriate workers.
Freedom of association and the right to collective bargaining were
not always respected in practice, and the government interfered with
union activities. The government applied the law inconsistently, and
some sections of labor law had no force or effect because the
presidency had not issued implementing decrees. 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. Some
independent unions accused the government of creating small non-
representative unions amenable to government positions and with which
it could negotiate more easily. The government also bribed union
leaders to call off strikes. For example, transportation union strikes
scheduled for early October were allegedly called off after union
leaders received personal compensation from the government. Arbitration
decisions are legally binding but were often unenforceable when the
parties refused to cooperate. It was not uncommon for such decisions to
be overturned or simply ignored by the government or employers.
There were a couple of collective bargaining agreements signed
during the year. Once agreements were negotiated, however, there was no
mechanism to enforce implementation, and the government ignored some of
its agreements with labor unions.
Security forces arrested union leaders. In March gendarmes of
Bamenda, Mezam Division, Northwest Region, arrested and detained for
several hours union leaders who conducted a legal strike at the Ayaba
Hotel to demand that hotel workers be paid several months of salary
arrears. The union leaders were charged with disturbing public order.
Information surfaced during the year that in November 2010 police
in Yaounde dispersed a rally organized by members of the Public Sector
Central Trade Union (CSP) to demand improved working conditions.
Although the CSP had notified authorities in advance of the rally, the
deputy prefect (who had no authority to ban demonstrations) banned the
rally on the grounds that ``public demonstrations of a vindictive and/
or protest nature are and shall remain prohibited throughout the entire
department of Mfoundi.'' Police subsequently arrested CSP president
Jean-Marc Bikoko, CSP accountant Eric Nla'a, Maurice Angelo Phouet Foe
(secretary general of the Autonomous National Education and Training
Trade Union), Joseph Ze (secretary general of the Unitary National
Union of Teachers and Professors--SNUIPEN), Theodore Mbassi Ondoa
(executive secretary of the Federation of Education Trade Unions of
Cameroon), and two SNUIPEN members. Accused of holding an ``illegal
demonstration'' and ``disturbing public order,'' the trade unionists
were brought before the public prosecutor without having an opportunity
to consult a lawyer. The public prosecutor ordered their provisional
release the same day, and they remained awaiting trial at year's end.
Antiunion discrimination occurred. The blacklisting of union
members, unfair dismissal, creating employer-controlled unions, and
threats against workers trying to unionize were common practices. The
government has often created or used fake trade unions to counter
strikes, especially in the transportation sector.
Information surfaced during the year that in January 2010,
management at Orange Telecom suspended five workers in retaliation for
a strike.
b. Prohibition of Forced or Compulsory Labor.--The constitution and
law prohibit forced labor. On December 14, the president signed the Law
Project Relating to the Fight Against Trafficking in Persons and
Slavery, which repeals the 2005 law against child trafficking but
extends its antitrafficking provisions to all persons regardless of age
or gender. The new law also prohibits slavery, exploitation, and debt
bondage and voids any agreement in which violence was used to obtain
consent. Violations of the law are punishable by prison terms of five
to 20 years and fines ranging from 10,000 CFA francs ($20) to
10,000,000 CFA francs ($20,000). In cases of debt bondage, penalties
are doubled if the offender is also the guardian or custodian of the
victim. The law also extends culpability for all crimes to accomplices
and corporate entities.
There were credible reports of hereditary servitude imposed on
former slaves in some chiefdoms in the North Region. Many Kirdi people,
whose tribe had been enslaved to the Fulani people in years past,
continued to work for traditional Fulani rulers for some compensation,
while their children were free to pursue schooling and work of their
choosing. Fulani often hired Kirdi at exploitive wage levels to perform
tasks that the Fulani considered menial and beneath them. Kirdi were
also required to pay local chiefdom taxes to the Fulani, as were all
other subjects. The combination of low wages and high taxes, although
legal, effectively constituted forced labor. While technically free to
leave, many Kirdi remained in the hierarchical and authoritarian system
because of a lack of other options.
The new law does not cover the use of prison labor, which occurred
and is permitted by prison regulation. Prison authorities continued to
arrange for prison inmates to be contracted out to private employers or
used as communal labor for municipal public works without the informed
or formal consent of the prisoner. 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 labor practices by Bantu farmers,
who hired the Baka at exploitive wages to work on their cocoa farms
during the harvest seasons.
The government made efforts to prevent and eliminate forced labor
and collaborated with the regional office of Interpol. According to the
Report by the Ministry of Justice on Human Rights in Cameroon in 2010,
MINLESI removed approximately 1,500 children from cocoa farms and
plantations. The report also noted the removal of one adult victim of
forced labor in 2010. During the year authorities arrested four
traffickers, two of whom were convicted, and two of whom remained in
pretrial detention at year's end.
Also see the Department of State's Trafficking in Persons Report at
http://state.gov/j/tip.
c. 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. 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.
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 use of child labor, particularly in informal sectors, remained
rampant. According to ILO's 2008 survey, 51 percent of children between
the ages of 10 and14 years were engaged in work; 41 percent of children
between five and 17 years old also worked.
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 cocoa, tea, banana, and palm
oil plantations, and fisheries. 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 Northwest regions.
The ILO continued to work with various ministries and agencies
involved in antitrafficking activities. It also conducted nationwide
investigations and cooperated with local organizations.
Also see the Department of Labor's Findings on the Worst Forms of
Child Labor at http://dol.gov/ilab/programs/ocft/tda.htm.
d. Acceptable Conditions of Work.--The minimum wage in all sectors
was 28,246 CFA francs ($56) per month. 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.
The government sets health and safety standards. MINLESI inspectors
and occupational health physicians were responsible for monitoring
these standards. The National Commission on Health and Safety in the
Workplace established the list of occupational diseases. The law does
not provide workers with the right to remove themselves from situations
that endanger health or safety without jeopardizing their continued
employment.
These laws did not apply to the informal sector or to some domestic
workers. The MINLESI lacked the resources for a comprehensive
inspection program.
Despite the minimum wage law, employers often negotiated with
workers for lower salaries, in part due to the high rate of
unemployment in the country. Salaries lower than the minimum wage were
prevalent in the public works sector, where many positions required
unskilled labor.
During the year the minister of MINLESI traveled to help settle
employer-employee disputes on violations of collective bargaining
conventions, including in the naval industries and ports. On December
14, the president ratified ILO's Convention 144 on International Labor
Norms and ILO's Convention 155 on Workers' Security and Health.
__________
CAPE VERDE
executive summary
Cape Verde is a multiparty parliamentary democracy in which
constitutional powers are shared between the newly elected (in August)
head of state, President Jorge Carlos Fonseca, and Prime Minister Jose
Maria Neves, who is serving a third term after his party won the
parliamentary elections in February. President Fonseca was elected to a
five-year term in generally free and fair elections. The Supreme Court
and the National Electoral Commission also declared the 2011 nationwide
legislative elections generally free and fair. There continue to be
isolated instances in which elements of the security forces acted
independently of civilian control.
There were reports of human rights problems in the following areas:
allegations of police violence towards prisoners and detainees, lengthy
pretrial detention, and violence and discrimination against women.
Other human rights issues concerned child abuse and some instances
of child labor.
The government took steps to prosecute and punish officials who
committed abuses. A tendency to downplay or disregard police abuses
sometimes characterized the attitude of local governments.
Section 1. Respect for the Integrity of the Person, Including Freedom
from:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the government or its agents committed arbitrary or
unlawful killings.
b. Disappearance.--There were no reports of politically motivated
disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution and law prohibit such practices, but
physical violence committed against persons arrested and detained by
police continued to be raised by the media. In most cases authorities
took action against abusers.
Prison and Detention Center Conditions.--Conditions in prisons and
jails in general met international standards, and during the year the
government continued to allow visits by independent human rights
observers.
Prisoners had access to potable water. There were no reported cases
of food shortages or of inadequate sanitation, ventilation, temperature
control, lighting, or medical care in prisons and detention centers.
During the year there were three deaths reported in prisons, all
linked to health issues. There are seven prisons--the largest, Cadeia
Central da Praia (CCP), is designed to hold up to 850 prisoners.
Prisons that exceeded their maximum capacity (indicated in
parentheses) were the Central Prison of Sao Vicente with 311 inmates
(200), the Regional Prison of Fogowith with 83 (54), and the Regional
Prison of Sao Antao with 55 prisoners (36).
The Regional Prison of Sal held 16 prisoners, the Sub Regional
Prison of Sao Nicolauo 12, and the Sub Regional Prison of Boa Vista
five prisoners.
There were 1,226 prisoners and detainees in total registered in the
seven prisons at the end of 2010. Of this number, 1,153 were men and 73
were women.
There were 323 prisoners in prisons and jails in pretrial detention
(``preventive detention''): 306 men and 17 women. The prison system
continues to struggle with overcrowding, especially in older prisons.
To deal with this, the government sent some prisoners to the Central
Prison on Santiago Island; this was done also to separate prisoners
based on trial status, gender, and age.
There was no credible evidence that conditions for women prisoners
were worse than those for men.
There were no prison ombudsmen. There were no steps taken to
improve recordkeeping.
The law allows for the suspension of prison sentences that do not
exceed two years in nonviolent cases if: a judge agrees; it accompanies
a program to reintroduce the offender to society; and the offender
completes works ``beneficial to the community.''
At CCP, prisoners were separated by gender, age, and type of crime
committed, with distinction made between convicted prisoners and those
awaiting trial. There were 18 disciplinary cells and two rooms for
spousal 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 on social reintegration.
Conditions in prisons other than CCP were inadequate for inmates
with mental illness and substance addictions. The number of corrections
personnel to deal with the growing number of such prisoners was
insufficient.
Prisoners and detainees had access to visitors, and authorities
allowed freedom of religious practice. There were no reports of
impediments to the direct submission of complaints to judicial
authorities concerning prison abuses. Prisoners' relatives reported
some complaints; corrections officials claimed all had been
investigated and disproven.
The government permitted formal visits by international human
rights monitors to the prisons and to individual prisoners. Local
nongovernmental organizations (NGOs) and members of the press made
frequent visits to prisons to record conditions.
d. Arbitrary Arrest or Detention.--The constitution and law
prohibit arbitrary arrest and detention, and the government generally
observed these prohibitions during the year.
Role of the Police and Security Apparatus.--The Public Order Police
are under the control of the Ministry of Internal Administration and
are responsible for law enforcement. The Judicial Police are under the
control of the Ministry of Justice and are responsible for major
investigations. Logistical constraints--including lack of vehicles,
limited communications equipment, and poor forensic capacity--continued
to limit police effectiveness.
Police abuses were investigated, and some cases resulted in legal
action against those responsible. In 2010, the National Police Council
received 11 reports of police violence. Most of these concerned
physical abuse; there were also two cases of kidnapping. The proposed
punishments included suspension, dismissal, and rebuke. In the 11
cases, only one suspension was confirmed; the remaining cases were
pending resolution.
During the year, the National Police Council received eight reports
of police violence; most cases concerned physical abuse. Three police
officers were dismissed in accordance with the findings of the
Disciplinary Board of National Police.
The government provided professional training to increase police
effectiveness. In late 2011, the National Police conducted a training
course on conflict mediation, attended by 50 police personnel.
The government took steps to address police impunity, which
historically has been a problem. However, the internal justice system
of the National Police continued to move quite slowly. The majority of
cases reported during the year were still under investigation.
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 is a
functioning bail system. Authorities allowed detainees prompt access to
family members and to a lawyer of the detainee's choice and, if the
detainee or family is unable to pay, to have one appointed by the
government.
The judicial system was overburdened and understaffed, and criminal
cases frequently ended when charges were dropped before a determination
of guilt or innocence was made.
Excessive length of pretrial detention remained a problem.
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 impoverished.
Defendants have the right to confront or question witnesses against
them and have the right to present witnesses and evidence in their
defense. 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.--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.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The constitution and law prohibit such actions, and
the government generally respected these prohibitions in practice.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--Status of Freedom of Speech and
Press.--The constitution and law provide for freedom of speech and
press, and the government generally respected these rights in practice.
The independent press was active and expressed a variety of views
without direct restriction. Specific legislation provides for radio,
television, written press, and other media freedom.
Freedom of Press.--There were three newspapers that tended to
reflect different political parties' views, and one public and two
private television channels.
In July, during the presidential elections, the weekly program
Visao Global (Global Vision)--the only political debate program in the
country--was suspended after alleged actions by the commentators that
violated electoral law. Article 105 of the electoral law prohibits
media organizations from making any kind of pronouncements, favorable
or unfavorable, about stakeholders in the electoral process after a
certain date of a campaign.
Internet Freedom.--There were no government restrictions on access
to the Internet or credible reports that the government monitored e-
mail or Internet chat rooms. Individuals and groups could engage in the
expression of views via the Internet, including by e-mail. Citizens in
the cities had regular access to the Internet at abundant cybercafes.
Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.
b. Freedom of Peaceful Assembly and Association.--The constitution
and law provide for freedoms of assembly and association, and the
government generally respected these rights in practice.
c. Freedom of Religion.--See the Department of State's
International Religious Freedom Report at http://state.gov/j/drl/irf/
rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution and law provide for
freedom of movement within the country, foreign travel, emigration, and
repatriation, and the government generally respected these rights in
practice. The government cooperated with the Office of the U.N. High
Commissioner for Refugees and other humanitarian organizations in
assisting refugees and asylum seekers.
Protection of Refugees.--Access to Asylum: The law allows 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 citizens the right to change their
government peacefully, and citizens exercised this right in practice
through periodic, free, and fair elections based on universal suffrage.
Elections and Political Participation.--Recent Elections: In the
2011 legislative elections, individuals and parties were free to
declare their candidates. The ruling African Party for the Independence
of Cape Verde (PAICV) won 38 seats in the National Assembly with
approximately 52 percent of the vote; the main opposition party,
Movement for Democracy (MpD), won 32 seats with 42 percent; and the
Union for a Democratic and Independent Cape Verde won the remaining two
seats with 4 percent. International observers characterized these
elections as generally free and fair.
The presidential election also was held in 2011.
Economic Community of West African States and African Union
election observers characterized these elections as free, transparent,
and credible. However, they noted some irregularities, including cases
of pressuring voters near polling stations and also of vote buying.
Jorge Carlos Fonseca, the candidate supported by the opposition
MpD, won the election with approximately 54 percent of the vote, while
Manuel Inocencio Sousa, the candidate supported by the PAICV, received
46 percent of votes.
Political Parties.--Political parties acted without restriction or
external interference. Individuals could declare their candidacies and
parties could select their candidates without interference.
Participation of Women and Minorities.--Of the 72 National Assembly
seats, women held 19, and there were eight women working in cabinet-
level positions in government ministries out of 21 such positions.
Women filled three of eight seats on the SCJ.
Section 4. Official Corruption and Government Transparency
The law provides penalties of up to 15 years' imprisonment for
corruption by government officials. There were no new reports of
government corruption during the year.
The law provides for freedom of access to governmental information
without restriction, provided that privacy rights are respected. In
practice, the government 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 constitution and law prohibit discrimination based on race,
gender, religion, disability, language, or social status. The
constitution stipulates that the government should create conditions
for the gradual removal of all obstacles to the full exercise of human
rights and equality before the law.
The law also prohibits racism, xenophobia, and other forms of
discrimination.
However, violence and discrimination against women and children
remained significant problems.
Women.--Rape and Domestic Violence: Rape is a crime with a penalty
of from eight to 16 years in prison. Until 2010, domestic violence was
framed in the Criminal Code as a crime of abuse of a spouse, applying
only in situations of common law and formal marriages, with penalties
of from two to 13 years in prison.
A ``Special Law Project on Gender Based Violence'' became law in
March. This law was prepared jointly by the Cape Verdean Institute of
Gender Equality, a government agency, with the support of the Women
Parliamentarians and diplomatic representatives. The new law calls for
a network of civil society organizations called ``Rede Sol,'' made up
of NGOs, the National Police, health centers, hospitals, and community
law centers.
Rede Sol is present in five municipalities and covers five islands:
Santiago, Sao Vicente, Sal, Fogo, and Santo Antao. The new law focuses
on three objectives: increasing protection of victims, strengthening
penalties for offenders, and raising awareness about gender-based
violence. In 2010, there were an estimated 3,203 reports of gender-
based violence made to Rede Sol, compared with 1,703 complaints in
2009. In 2010, the government and civil society organizations in the
Rede Sol network reinforced the network with several training programs
for professionals who worked directly with these issues.
Sexual Harassment.--Various laws in the criminal code criminalize
sexual harassment. Penalties include up to one year in prison and a
fine of up to two years' salary.
Reproductive Rights.--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 freely to the
public.
These centers provide skilled assistance and counseling both before
and after childbirth and in cases of sexually transmitted infections,
including HIV. Prenatal services include ultrasound screening, tetanus
vaccines, and blood tests, including HIV screening. 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 were equally diagnosed and treated for sexually
transmitted diseases.
Discrimination.--The law provides equal rights to men and women.
However, society imposes cultural obstacles and gender stereotypes that
hinder the eradication of gender-based discrimination. Women generally
have lower economic status and less access to management positions in
public and private sector organizations.
Children.--Birth Registration: Citizenship can be derived by birth
within the country or from one's parents. The government has created a
network of services, such as notary and civil identification records,
offices in all municipalities, and the Birth Registration Project,
which is implemented in hospitals and health centers to report births.
Failure to register births did not result in denial of public services.
However, nonregistration of births remained a problem, attributed by
the government to uncertainty as to the identity of fathers, parental
neglect, and a lack of information on registration in the poorest
communities. In 2010, 12,373 children were registered. However, the
2010 census indicated approximately 5,117 other children had not been
registered.
Education.--The government provided tuition-free and universal
education for all children between the ages of six and 12 years.
Education remained compulsory until the age of 11. Secondary education
was free only to children whose families had an annual income below
147,000 escudos ($1,871).
Child Abuse.--Child abuse including sexual abuse and violence
against children remained problems. Local governments have tried to
combat these practices through a national network that includes the
Cape Verdean Institute of Child and Adolescent (ICCA), various police
forces, the attorney general, hospitals, and health centers. Pedophilia
is prohibited by law.
The government attempted to reduce sexual abuse and violence
against children through several programs such as Disque Denuncia, the
Children's Emergency Program, the project Nos Kaza, Centros de
Acolhimento de Criancas de / na Rua, Project Espaco Seguro, Project
Familia Substituta, and the creation during the year of five ICCA
offices.
Children continued to work in fishing, agriculture, street vending,
car washing, and garbage collection, among other areas.
International Child Abductions.--The country is not a party to the
1980 Hague Convention on the Civil Aspects of International Child
Abduction.
Anti-Semitism.--There is no Jewish community in Cape Verde, and
there were no reported anti-Semitic acts.
Trafficking in Persons.--See the Department of State's Trafficking
in Persons Report at http://state.gov/j/tip.
Persons With Disabilities.--The law prohibits discrimination
against persons with physical, sensory, intellectual, and mental
disabilities in employment, education, access to health care, or in the
provision of other state services. The government effectively enforced
these provisions.
Persons with disabilities still faced daily obstacles that hindered
their integration. Physical accessibility, communication means, and
public transport appropriate for persons with disabilities often were
lacking.
There were no reported cases in 2011 of abuse towards people with
intellectual disabilities or mental health problems in prisons or
psychiatric hospitals. Lack of physical accessibility in prisons for
handicapped persons and prison facilities designed for the mentally ill
were problems.
The government did not restrict the right of persons with
disabilities to vote or participate in civil affairs and public life.
The government has created a quota system for the granting of
scholarships and tax benefits to companies who employ individuals with
disabilities. NGOs recognized these measures as partially effective in
better integrating these citizens in society but also noted
nonenforcement and inadequate regulation continued to be obstacles.
Several NGOs worked to protect the interests of the disabled. In
February, the government adopted a Law of Mobility that sets technical
standards for accessibility for persons with disabilities to a variety
of public facilities and services.
The Ministry of Youth, Employment, and Human Resources (MERHJ) is
the government organization responsible for protecting the rights of
people with disabilities. The National Council on the Status of
Disabled Persons works in partnership with the MERHJ as a consultative
body responsible for proposing, coordinating, and monitoring the
implementation of a national policy.
Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--No laws explicitly provide a
basis for discrimination based on sexual orientation or gender
identity.
There were no lesbian, gay, bisexual, or transgender organizations.
Other Societal Violence or Discrimination.--During the year there
were no reports of societal violence or discrimination against persons
with HIV/AIDS.
Section 7. Worker Rights
a. Freedom of Association and the Right to Collective Bargaining.--
The law allows workers to form or join unions of their choice without
previous authorization or excessive requirements. The law protects the
right to engage in collective bargaining and to conduct legal strikes.
The law allows unions to carry out their activities without
interference, and the government protected this right. The labor code
provides for the protection of the freedom of association and the
reinstatement of workers.
All workers except for agricultural and road construction workers
(FAIMO) are covered by these legal protections. However, observers
noted that workers in the informal sector, fishing, construction, and
domestic work did not in practice enjoy many of these protections. No
studies or hard data on the topic were available.
Although government enforcement is effective, cases can continue
for years and can be appealed with the passage of more years before
resolution.
Freedom of association and the right to collective bargaining were
respected in practice.
Worker organizations were independent of the government and
political parties. There were no reports of violence, threats, or other
abuses during the year by the government against union members or
leaders.
Labor unions complained the government unduly restricted the right
to strike for certain critical job categories. A ``Civil Need'' law
states the government can force the end of a strike when there is an
emergency, or ``to ensure the smooth operation of businesses or
essential services of public interest.'' However, the government
refrained from using this authority when dealing with a potentially
crippling customs strike late in the year. The government has used this
authority in the past, with prison guards and air traffic controllers.
The air traffic controllers claimed the government's use was an abuse
of authority since it was put in place before they started to strike.
Observers stated the government cooperates with the unions and does not
discriminate against certain job categories.
According to labor unions, workers in some sectors, such as farmers
and FAIMO road construction workers, may remain unprotected by domestic
regulations. FAIMO was a government program developed in the 1980s and
1990s to provide employment in rural areas through road construction
projects. These workers are not explicitly limited in their rights
under domestic labor law, but according to labor unions, the workers
may not receive all the benefits they are entitled to receive.
There was no reported evidence of anti-union discrimination.
b. Prohibition of Forced or Compulsory Labor.--The law prohibits
all forms of forced or compulsory labor, including by children. The
government effectively enforced such laws. There were no reports that
such practices occurred during the year.
c. Prohibition of Child Labor and Minimum Age for Employment.--The
legal minimum age for work is 15 years, and the minimum age for
hazardous work is 18. According to the labor code, children ages 15 to
18 are not allowed to work more than 38 hours a week or more than seven
hours a day. Children under 15, according to the constitution, can work
only in agriculture; as part of an apprenticeship or training program;
or to help support the family. Children 16 to 18 are allowed to work
overtime in an emergency. However, in these cases the children cannot
work more than two hours a day, and these extra hours cannot exceed 30
hours a year.
Several laws prohibit child labor, but enforcement was not
consistent.
The ICCA, Directorate General of Labor (DGT), and the Labor
Inspectorate (IGT) worked on matters pertaining to child labor. ICCA
works on the promotion and defense of the rights of children and
adolescents. DGT creates labor market policy and drafts labor
legislation to ensure the promotion of social dialogue and
reconciliation between social partners. IGT has the responsibility to
monitor and enforce labor laws and enforces rules relating to labor
relations.
Those agencies stated the resources provided were adequate, and
they carried out 1,447 inspections.
Barriers, mostly cultural, remained to the effective implementation
of these laws. For example, not all citizens see children working to
help support their families as a negative thing, especially in small,
remote communities.
The government (through the DGT, IGT, and ICCA) began to lead
training activities for local staff to combat child labor, particularly
in its worst forms, and began consultations with local businesses.
There is no official data on child labor. Child labor occurred
mainly in the informal sector. Children engaged in street work,
including in water and food sales, car washing, and begging.
The worst forms of child labor included street work; domestic
service; agriculture, fishing, and animal husbandry; trash picking and
garbage and human waste transport; and peddling drugs for adults.
Also see the Department of Labor's Findings on the Worst Forms of
Child Labor at http://dol.gov/ilab/programs/ocft/tda.htm.
d. Acceptable Conditions of Work.--The law does not stipulate a
minimum wage. The government defines the poverty income level as 105
escudos ($1.25) a day. The law stipulates a maximum of eight hours per
day and 44 hours work per week. The law requires rest periods, the
length depending on sector, and that the minimum rest period be 12
hours between workdays. The law also provides for daily and annual
overtime hours granted in exceptional circumstances. The law states
that a worker is entitled to 22 days of paid vacation.
Overtime must be compensated with at least time and a half. Work
done on holidays must be compensated with double pay.
In general, it is the responsibility of the employer to ensure the
workplace is healthy and hygienic. The employer must also develop a
training program for workers. In specific high-risk sectors, such as
fishing or construction, the government, in consultation with the
unions and employers, can provide specific health and safety rules.
Although the labor code covers employees in the formal and informal
sectors, agricultural workers and FAIMO employees are not covered by
labor laws.
The DGT and IGT are charged with implementing labor laws. There
were eight technicians working for DGT and 14 technicians working for
IGT, covering three islands (Santiago, Sao Vicente, and Sal). Both
agencies agreed with trade unions that these numbers were inadequate,
and there was a need for tighter enforcement of labor standards,
especially on many islands where difficulty of travel limited
monitoring.
Although companies tended to respect laws on working hours, many
employees such as domestic workers, health professionals, farmers,
fishermen, and commercial workers commonly worked for longer periods of
time than the law allows.
Some sources stated it was ``likely'' foreign migrant workers were
more often exploited than others.
There was no official data on the number of work place deaths and
accidents during the year.
__________
CENTRAL AFRICAN REPUBLIC
executive summary
Central African Republic (CAR) is a constitutional republic
governed by a strong executive branch and weak legislative and judicial
branches. Armed forces Chief of Staff General Francois Bozize seized
power in a military coup in 2003. In January citizens reelected Bozize
president in what was considered by national and international
observers to be a flawed election. There were instances in which
elements of the security forces acted independently of civilian
control.
Incidents of serious human rights abuse occurred during the year;
the most significant reportedly were torture, beatings, and rape of
suspects and prisoners; harsh and rudimentary conditions in prisons and
detention centers; and arbitrary arrest and detention.
Other human rights problems included prolonged pretrial detention,
denial of fair trial, occasional intimidation of the press,
restrictions on freedom of movement and assembly, and limited ability
of citizens to change their government. Sporadic fighting between armed
groups continued to displace people internally and externally, although
the net number decreased from the prior year. Regional conflict
modestly increased the number of refugees in CAR. Corruption was
widespread. Mob violence resulted in deaths and injuries. Societal
discrimination and violence against women, including female genital
mutilation, occurred. Violence and discrimination against Pygmies and
persons alleged to be witches or sorcerers; trafficking in persons; and
forced labor and child labor, including forced child labor, also were
problems.
Civilians were often killed, abducted, raped, or displaced from
their homes as a result of internal conflicts. Some armed groups
included children among their ranks.
The government took some steps to punish officials who committed
abuses; however, most official abuses were committed with impunity.
Section 1. Respect for the Integrity of the Person, Including Freedom
from:
a. Arbitrary or Unlawful Deprivation of Life.--1There were no
reports that the government or its agents killed members of opposing
political groups, but soldiers, particularly members of the
presidential guard, killed civilians they suspected of being bandits or
supporting armed groups. Both government security forces and armed
groups killed civilians in the course of conflict in the northeast (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 presidential guard personnel for extrajudicial killings (see
section 1.g.).
Security forces continued to commit extrajudicial killings (see
section 1.g.). For example, on January 14, Lieutenant Elan Yapelogo, a
member of the presidential guard, killed 18-year-old Marcial Gondje in
Bangui. Gondje, who was collecting termites with other youths in his
neighborhood, was accused by a neighbor of attempting to break into his
bar. The neighbor alerted Yapelogo, who shot and killed Gondje.
Yapelogo was detained for three weeks at presidential guard
headquarters but subsequently resumed his position in the force after
moving his family to another area of Bangui.
On June 19, members of the FACA fourth infantry battalion in Bouar
killed a man by beating him with an iron bar and killed two others when
firing shots to disperse the ensuing demonstration by local residents.
The army chief of staff was dispatched to the region to calm tensions
and promised the perpetrators would be prosecuted. However, by year's
end there were no further developments.
There were no reports of politically motivated killings by
opposition groups, political parties or guerilla/rebel/insurgent/
terrorist groups. However, civilians were sometimes killed as a result
of indiscriminate violence resulting from internal conflicts (see
section 1.g.).
Civilians reportedly continued to kill persons suspected of being
sorcerers or witches (see section 6).
A member of the presidential guard who had killed a 13-year-old boy
in November 2010 in Bangui was released several months after the crime
and returned to his position.
There were no further developments in the following 2010 killings:
the May killing of two Mbororo men and the October killing of a
suspected thief in Bozoum.
b. Disappearance.--1In June the Popular Front for Reconstruction
(FPR), a rebel group based in the north, abducted 18 members of the
nonstate armed entity, the People's Army for the Restoration of
Democracy (APRD), and held them until their release was negotiated
through the intervention of government mediators and international
organizations.
The Lord's Resistance Army (LRA) continued to abduct men, women,
and children in the southeast.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--1Although the law and the constitution prohibit torture
and specify punishment for those found guilty of physical abuse, police
and other 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 reportedly tortured
suspects, and impunity remained a serious problem. Family members of
victims and human rights groups, including the Central African
Monitoring Group on Human Rights (OCDH), filed complaints with the
courts, but authorities took no action. Members of security forces
raped, robbed, and abused civilians in both conflict and nonconflict
areas. Human rights lawyers reported that victims of abuse by
authorities were often pressured by relatives not to pursue their cases
due to fear of reprisal.
According to ACAT torture and beating of detainees occurred
frequently in detention centers run by the Research and Investigation
Division (SRI), under the minister of defense, and the Central Office
for the Repression of Banditry (OCRB), under the director general of
police. ACAT reported police employed several forms of torture,
including ``le cafe,'' which entails repeated beating of the soles of
the 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, continued
beating the individual.
Civilians continued to suffer mistreatment in territories
controlled by nonstate armed entities (see section 1.g.).
On August 2, a worker in a Bangui supermarket was accused of theft
by his employer. Elements of the OCRB were called to investigate and
reportedly stripped and beat the accused worker, breaking his arm. No
action was taken against the alleged perpetrators, and supermarket
management eventually paid financial restitution to the victim.
Members of security forces reportedly raped civilians. Sexual
assaults, although frequent, rarely were reported to authorities.
Security personnel rarely were punished.
On August 24, Michel Agazounede, an officer assigned to the OCRB,
reportedly raped at gunpoint a 14-year-old girl who was in detention.
The OCRB director ordered the arrest of the officer, who was
subsequently convicted and incarcerated at Ngaragba Prison.
Abuse of those accused of witchcraft was commonplace (see section
6).
Prison and Detention Center Conditions.--1Prison conditions were
rudimentary, harsh, and substantially below international standards.
Prison conditions outside Bangui generally were 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.
Most prisons lacked basic sanitation and ventilation, electric
lighting, basic and emergency medical care, and sufficient access to
potable water.
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
international observers and prison officials, prison detainees outside
Bangui received a meal only every two to three days 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 occasional deaths in prison due to adverse
conditions and negligence, including lack of medical treatment for
those afflicted by tuberculosis. Two deaths were reported during the
year by prison authorities; however, many detainees were medically
released to hospitals if illnesses become life threatening or grave.
As of November there were 845 prisoners, of whom 69 were female.
Poor recordkeeping and incomplete access for observers prevented an
accurate count of the prison population. 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, and pretrial detainees were not
held separately from convicted prisoners.
In some cases prisoners deemed a security threat were detained for
extended periods without trial at Camp de Roux, a military facility in
Bangui not designed as a prison. Access to visitors at Camp de Roux was
substantially more difficult than access to the general prison
population.
In most cases prisoners and detainees had reasonable access to
visitors and were permitted religious observance. The Attorney
General's Office granted visitation privileges, but those wishing to
visit prisoners often had to bribe prison guards and officials.
There was no ombudsman system in the country.
According to several human rights lawyers, while prison detainees
have the right to submit complaints in the case of mistreatment, it was
generally the detainees' lawyers, if a detainee had one, who alerted
judicial authorities to the mistreatment of their clients. Victims of
mistreatment hesitated to lodge formal complaints due to fear of
reprisal from prison officials.
Authorities rarely initiated investigations of abuses in the prison
system.
Prison recordkeeping was inadequate and largely nonexistent.
Authorities took no steps to improve recordkeeping but were responsive
to requests for data. In some cases juvenile or nonviolent offenders
were released following trial rather than being incarcerated.
Conditions for women prisoners in Bimbo Central Prison were deemed by a
U.N. team to be substantially better than those in other prisons and in
conformance with international standards.
Prison administrators submitted reports describing the poor
detention conditions, but these reports did not result in any action.
Pretrial detainees were not held separately from convicted
prisoners. As of November there were 366 pretrial detainees in Ngaragba
Prison and 18 in Bimbo Central Prison. In some cases pretrial detainees
were kept for short periods to ensure their personal security against
mob violence, but in others detainees had been held without trial for
years.
There were two prisons in Bangui, Ngaragba Prison for men and Bimbo
Central Prison for women. Inmates with infectious diseases were not
segregated from other inmates but often were medically released to a
hospital if illnesses were severe. 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. Families were allowed to bring
food. Inmates slept on the floor or on thin matting provided by
families or charities. Authorities at Ngaragba Prison permitted
detainees' families to make weekly visits. As of November Bimbo Central
Prison held 30 female inmates. Several had been detained for months and
had not appeared before a judge; few had lawyers.
Overcrowding was reportedly not a problem, and children younger
than five years old were allowed to stay with their mothers at the
prison.
As of November there were 517 inmates in Ngaragba Prison. Several
were detainees who had been held for months without appearing before a
judge. Twelve prisoners were detained on accusations of sorcery and
five others had been convicted of the crime. 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.
There were no further developments in the 2010 attempted rape of a
female prisoner by a prison guard in Bimbo Central Prison and the
sexual assault of another prisoner by a military guard in Boda Prison.
Conditions in detention centers were worse than those in prisons.
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
nongovernmental organizations (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 (approximately $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. Arrestees without birth documentation were
often treated as adults if they were not clearly minors. One U.N.
inspection team in Bouar was approached by detainees who claimed to be
as young as 14 years old.
According to a June report by the U.N. Secretary-General to the
U.N. Security Council, escapes by detainees, including incarcerated
members of the armed forces, had become prevalent, critically affecting
the fight against impunity. In many prisons cells had no doors and
detainees had little oversight.
The government on occasion restricted prison visits by human rights
observers. Although international observers were not entirely denied
visits, the government sometimes 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. During the year the Ministries of
Justice, Public Security, and Defense signed a joint agreement with the
ICRC to allow routine access to prisons throughout the country.
Authorities granted the Human Rights Unit of the U.N.'s Integrated
Office in the Central African Republic (BINUCA) and humanitarian NGOs
limited access to prisoners and detainees, although bureaucratic
requirements for visits and delays significantly restricted the
frequency of access during the year.
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 10, elements of the presidential guard searched the home
of Minister of Water and Forests Emmanuel Bizot and arrested and
detained him at the SRI on suspicion of harboring weapons and plotting
a coup. The minister was ordered released the same day by President
Bozize.
On September 16, environmental researcher Jan Cappelle and five
other NGO workers were arrested en route to a sanctioned environmental
survey in the uranium mining area of Bakouma. They were returned to
Bangui and detained for five days until being expelled from the
country.
In September four supporters of legislative candidate Desire
Kolingba were arrested while protesting the results of the country's
third round of elections. The group was subsequently charged with two
counts of endangering public safety and sentenced to three years in
prison.
The 11 persons arrested in July 2010 during the burning of the
Rayan supermarket in Bangui remained in custody without a trial date at
year's end.
Role of the Police and Security Apparatus.--1The Ministry of
Immigration/Emigration and Public Security, through the director
general of police, has oversight over the activities of the national
police, including the OCRB. The Ministry of Defense oversees military
forces, including the presidential guard, national gendarmerie, and
SRI. The police and military forces share responsibility for internal
security.
Police were ineffective; they 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 2010, U.N. 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 military. Citizens filed complaints with the public prosecutor. The
most common complaints involved theft, rape, brutality, and
embezzlement. Impunity remained a severe problem. Although the public
prosecutor had authority to order the arrest of police officers
suspected of committing abuses and exercised that authority during the
year, the prosecutor's staff was small and severely underfunded.
The Permanent Military Tribunal, which adjudicates crimes committed
by military personnel, met in October and reviewed 36 cases. The
tribunal normally holds two sessions per year.
In cooperation with the government, BINUCA continued to collect
complaints of human rights abuses committed by members of the security
forces, including FACA soldiers, and 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 788 members of the security forces, including police officers and
gendarmes, with international humanitarian law and human rights
training.
As part of its efforts to protect citizens and safeguard property,
the government continued to support joint security operations in the
capital and selected cities in the northwest. The operations were
conducted by several hundred regional armed forces peacekeepers from
the Multinational Force in Central Africa (FOMAC) based in Bangui, Kaga
Bandoro, Ndele, and Paoua.
In some cases security forces failed to prevent or respond to
societal violence. For example, in June Bangui was plagued by weeks of
riots resulting in the deaths of at least 11 mostly Muslim residents
who were attacked by the local population in retaliation for the
alleged murder of two children by a Muslim man. Security forces
intervened but were at times unable to prevent significant damage to
property and loss of life.
Arrest Procedures and Treatment While in Detention.--1Judicial
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 72 hours. This period is renewable once, for a total of 144
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 and SRI detention centers, detainees were held for more
than three days and often for weeks before authorities brought their
cases before a magistrate.
The law allows all detainees, including those held on national
security grounds, to have access to their families and legal counsel.
Indigent detainees may request a lawyer provided by the government for
criminal cases, 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 indefinitely and were often held at
locations separate from other prisoners.
In August a foreign citizen was arrested on drug charges and
detained at Camp de Roux. The prisoner was held for months without
charges or trial, and all visitor access was prohibited without
authorization from the minister of justice, which was not granted. The
detainee's attorney was also denied access. At year's end the prisoner
remained in detention without charges.
Under the 2009 revised penal and criminal procedure codes,
detainees have the right to an attorney immediately after arrest, but
this right was not routinely extended.
Arbitrary Arrest.--According to BINUCA arbitrary arrest was a
serious problem and was the most common human rights abuse committed by
security forces 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. In November prison authorities stated that six of
the 30 women in Bimbo Central Prison were incarcerated for purported
witchcraft. In Ngaragba Prison there were 17 detainees held on
witchcraft-related charges.
Pretrial Detention: Prolonged pretrial detention was a serious
problem. For example, in November pretrial detainees constituted
approximately 70 percent of Ngaragba Prison's population and an
estimated 60 percent of Bimbo Central Prison's population. Detainees
usually were informed of the charges against them; however, many waited
in prison for several months before seeing a judge. Judicial
inefficiency and corruption, as well as a shortage of judges and severe
financial constraints on the judicial system, contributed to pretrial
delays. Some detainees remained in prison for years because of lost
files and bureaucratic obstacles.
e. Denial of Fair Public Trial.--1The constitution provides for an
independent judiciary; however, the judiciary remained subject to the
influence of the executive branch, and, despite government efforts to
improve its capacity, the judiciary was unable to fulfill its
responsibilities.
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. There were approximately 124
magistrates working in the country's legal system. Many citizens lacked
access to the judicial system. Citizens often had to travel more than
30 miles to reach one of the country's 38 courthouses. Consequently,
traditional justice at the family and village level retained a major
role in settling conflicts and administering punishment.
Judicial corruption remained a serious impediment to citizens'
right to receive a fair trial.
According to the 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 U.N. agencies and the EU.
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.--1According to the penal code, defendants are
presumed innocent until proven guilty. Trials are public, and
defendants have the right to be present and 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, present witnesses and evidence on their
own behalf, and 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. Alleged 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 815,000 CFA francs ($1,610).
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.--1There were no reports of
political prisoners or detainees.
Civil Judicial Procedures and Remedies.--1The 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.--1The 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.
Government authorities routinely discriminated on the basis of
ethnicity or political affiliation in recruitment of personnel for the
armed forces or distribution of scholarship funds to public university
students.
g. Use of Excessive Force and Other Abuses in Internal Conflicts.--
Although government forces and armed groups maintained a cease-fire for
much of the year, civilians often were killed, abducted, displaced from
their homes, or generally restricted in their movements as a result of
ongoing internal conflicts.
In September the Convention of Patriots for Justice and Peace
(CPJP) and Union of Democratic Forces for Unity (UFDR) engaged in armed
conflict, primarily in the town of Bria, which resulted in 50 deaths,
the destruction of more than 700 homes, and displacement of
approximately 4,500 people. Both groups were complicit in the killing
and burning of homes.
In addition, attacks on civilians by the LRA prolonged the
humanitarian crisis in the southeast, contributing to the continued
presence of internally displaced persons in LRA-affected areas.
Killings.--In March elements of the CPJP attacked an ethnic Goula
village in Bamingi-Bangoran Province, killing eight and burning
approximately 150 homes. More than 500 civilians were displaced to the
nearby town of Ndele.
The LRA continued to commit numerous killings of civilians. In June
suspected LRA combatants stopped a vehicle driven by the chief medical
officer of Haut Mbomou Province and killed him and his driver while
they were distributing polio vaccine to towns and villages in the
southwest.
There were no further developments or actions taken in any of the
2010 conflict-related killings by FACA or nonstate armed entities.
Abductions.--1On May 3, a humanitarian convoy organized by
International Medical Corps, heading to Ndifa village in Vakaga
Prefecture, was stopped by suspected members of the UFDR. They hijacked
the vehicle and five occupants and drove them around for most of the
day. At dusk the hijackers released the passengers 14 miles from the
nearest village and drove away with the vehicle, a satellite phone, and
approximately 150,000 CFA francs ($295) in cash.
The LRA continued to commit numerous abductions throughout the
southeast. For example, in June suspected LRA combatants abducted 13
civilians, including three children, near Zemio. Twelve of these
abductees were later released.
Physical Abuse, Punishment, and Torture.--1Government forces and
armed groups mistreated civilians, including reportedly through
torture, beatings, and rape, in the course of the conflicts.
In December approximately 10 soldiers of the presidential guard and
Teddy Bozize, a son of President Bozize, brought two men to a cemetery
where they robbed and severely beat them. No action had been taken as
of year's end.
Abdoulaye Amat, a presidential guard member who cut off the ear of
Price Telo in June 2010, remained free at year's end.
In April near Kaga Bandoro, the APRD arrested and reportedly
tortured a man for allegedly practicing witchcraft. APRD members 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 reportedly 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 a fine of 100,000 CFA francs ($200) before releasing her.
International and domestic observers reported that 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 foreign origins,
relative wealth, and the vulnerability of cattle to theft. One U.N.
agency reported that, according to its NGO partners in the affected
region, Mbororo cattle herders were also disproportionately subjected
to kidnapping for ransom. A U.N. 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 ($1,975-
$3,950). 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 U.N.
agencies conducted gender-based violence awareness and treatment
campaigns in northern provinces and Bangui.
During the year there were reports by humanitarian organizations of
civilians being raped by members of the FPR in the Kaga Bandoro area.
Rapes rarely were reported or documented due to the sensitivity of the
issue within the community and fear of retaliation.
Child Soldiers.--1According to numerous human rights observers,
some armed groups included soldiers as young as 12. They noted the UFDR
and APRD stopped recruiting child soldiers as a result of disarmament,
demobilization, and reinsertion activities, but in some remote areas,
children were still used as lookouts and porters. In December the CPJP
signed an Action Plan on Child Soldiers in the presence of U.N. Special
Representative for Children and Armed Conflict Radhika Coomaraswamy in
which it committed to the demobilization of child soldiers in its
ranks. UNICEF and others noted that, while the child soldiers were
willing to demobilize and were anxious to attend school, their home
communities lacked the most basic infrastructure.
Several NGO observers reported that self-defense committees,
established by towns to combat armed groups and bandits in areas where
the FACA or gendarmes were not present or were incapable of providing
effective security, used children as combatants, lookouts, and porters.
UNICEF estimated that children constituted one third of the self-
defense committees' personnel.
The LRA continued to kidnap children and force them to fight, act
as porters, or function as sex slaves. Through October the LRA had
killed 82 persons and abducted 360 in the country.
Displaced children were forced to work as porters, carrying stolen
goods for groups of bandits.
See Department of State's Trafficking in Persons Report at http://
state.gov/j/tip.
Other Conflict-related Abuses.--1In numerous cases international
NGOs were victims of carjackings and thefts in the Bamingui-Bangoran
and Vakaga regions despite the presence of FACA and FOMAC forces.
FOMAC peacekeepers and government forces conducted joint security
operations to secure the northern region and control the proliferation
of small arms. Despite these operations the government was not able to
provide sufficient security or protection for internally displaced
persons (IDPs) in the north.
In the northwest members of government security forces, including
the FACA and presidential guard, continued to garrison in the larger
towns and occasionally engaged in combat with armed groups and bandits.
While the cease-fire between government forces and armed groups allowed
some displaced persons to return home, approximately 350,000 persons
remained displaced in the bush or in refugee camps near the Chadian or
Cameroonian borders.
Internal movement was severely impeded, particularly in northern
and northwestern areas that the government did not control, by bandits
and armed groups, including former combatants who helped President
Bozize come to power in 2003.
Sporadic fighting between armed groups, attacks on civilians by
armed groups, armed banditry, and occasional abuse by government
soldiers kept many IDPs from their homes. The Office of the U.N. High
Commissioner for Refugees (UNHCR) estimated the number of IDPs during
the year was approximately 170,000.
The overwhelming majority of IDPs were in the northwestern
provinces of Ouham and Ouham Pende, where civilians remained displaced
from their villages due to fear and lived in the bush for much of the
year, returning occasionally to their fields to plant or scavenge. NGOs
and U.N. agencies observed civilians returning in the northwest
provinces; however, violence in Haute-Kotto during the year created
newly displaced populations. 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 ongoing fighting from 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 were hampered by
frequently changing security situations and sporadic fighting.
The number of IDPs in Kabo doubled from 3,000 to 6,000 as the
result of clashes between APRD and Chadian groups in March.
In the north and northeast, the increasingly interethnic conflict
between the UFDR and the CPJP resulted in the burning of several
villages and the displacement of civilians.
The government did not attack or target IDPs, although some IDPs
were caught in the fighting between armed groups. The government
provided little humanitarian assistance, but it allowed U.N. agencies
and NGOs access to these groups to provide relief.
Refugees continued to flee the country during the year (see section
2.d.).
There were credible reports that the following armed groups
perpetrated serious human rights abuses in the Central African Republic
during the year: APRD, CPJP, FPR, LRA, and UFDR.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--Status of Freedom of Speech and
Press.--1Although the constitution and law provide for freedom of
speech and press, authorities occasionally arrested journalists
critical of the government.
Freedom of Speech.--While individuals enjoy the right to free
speech, in some cases this right was impeded by the government. During
the year the government sometimes prevented opposition groups from
meeting by refusing permits for gatherings or by failing to secure
public order in meeting places.
Freedom of Press.--Throughout the year a number of newspapers
routinely criticized the president, the government's economic policies,
and official corruption without reprisal. There were more than 30
newspapers, many privately owned, which circulated daily or at less
frequent intervals. Independent dailies were available in Bangui, but
they were not distributed outside of the capital area.
Radio was the most important medium of mass communication, in part
because the literacy rate was low. There were a number of alternatives
to the state-owned radio station, Radio Centrafrique. For example,
privately owned Radio Ndeke Luka continued to provide independent
broadcasts, including national and international news and political
commentary. 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 granted a license to Voice of
America, which commenced broadcasting 24-hour programming.
The government continued to monopolize domestic television
broadcasting (although this was available only in the capital and for
limited hours), and television news coverage generally supported
government positions.
The High Council for Communications, 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 officials and according to several independent
journalists, as well as the international press freedom watchdog
Committee to Protect Journalists, the body was controlled by the
government.
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, arrests
by the government were rare.
Violence and Harassment.--In May two newspaper journalists, Cyrus
Sandy and Faustin Bambou, were arrested and imprisoned following a
series of editorials that accused Deputy Minister of Defense and
presidential son Francis Bozize of misappropriating funds intended for
the pensions of military retirees. Authorities claimed the editorials
had sparked a number of protests by military retirees and charged Sandy
and Bambou with the criminal offense of inciting hatred and violence.
After nearly two months in prison and following protests by both
diplomats and humanitarian organizations, the two were convicted by a
court of a lesser civil offense of defamation and were released with an
order to each pay a fine of 300,000 CFA francs ($590).
Security forces often harassed and threatened journalists. For
example, in August 2010 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.
Censorship or Content Restrictions.--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 $15,800).
The law provides for imprisonment and fines of as much as one
million CFA francs ($1,975) 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.''
Internet Freedom.--There were no government restrictions on access
to the Internet or credible reports that the government monitored e-
mail or Internet chat rooms. Individuals and groups could engage in the
expression of views via the Internet, including by e-mail.
Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.
b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--1The constitution provides for the right of assembly;
however, the government restricted this right on a few occasions and
prevented political opposition groups from conducting meetings. Any
association intending to hold a political meeting was required to
obtain the Ministry of Interior's approval; however, some meetings were
disrupted or prevented despite having this approval.
In August and September opposition political parties attempted to
peacefully assemble in Bangui and received advance approval from
appropriate government authorities. Security forces first blocked
access to the meeting site and, after eventually allowing the meeting
to take place, refused to intervene when youths vandalized vehicles and
threatened attendees. In September security forces blocked access to a
site that had been previously approved for a peaceful public meeting of
the Movement for the Liberation of the Central African People.
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.--See the Department of State's
International Religious Freedom Report at http://state.gov/j/drl/irf/
rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution provides for freedom
of movement within the country, foreign travel, emigration, and
repatriation; however, the government restricted freedom of movement
within the country and foreign travel during the year.
In-country Movement.--Police and military personnel, 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 the number of these roadblocks
continued to decrease.
Merchants and traders traveling the more than 350-mile route from
Bangui to Bangassou encountered an average of 25 military barriers.
While the fees extorted varied for private passengers, commercial
vehicles reported paying fees of up to 9,000 to 10,000 CFA francs ($18
to $20) at each checkpoint to continue their journeys.
Rebels and armed groups routinely restricted movement by setting
roadblocks or otherwise closing transit routes. In July the UFDR took
effective control of the northern town of Sam Ouandja by closing the
air strip, blocking access by road, and disabling cellular
communications. In October suspected elements of the FPR stopped a
commercial vehicle between Sibut and Grimari, killing two passengers
and wounding several others.
On multiple occasions during the year, police, gendarmes, and the
FACA impeded the travel of members of the opposition parties, delaying
their travel in some cases for months.
Foreign Travel.--On February 5, government authorities confiscated
the passport and airline ticket of Guy Simplice Kodegue, spokesman for
former president Ange-Felix Patasse.
On March 22, a private plane sent to Bangui to medically evacuate
former president Patasse was denied landing privileges. On March 30,
Patasse and several other members of opposition parties attempted to
board a Kenya Airways flight and were physically prevented from
reaching the airport by government security officials.
Internally Displaced Persons (IDPs).--Sporadic fighting between
government forces and armed groups, attacks on civilians by armed
groups including the LRA, and armed banditry prevented the country's
IDPs, most of whom were displaced in 2006, from returning to their
homes. At year's end there were approximately 170,000 IDPs, 66,545 of
whom were returnees who were considered displaced. While returns
started in 2009, these returnees were still in the process of
reintegration and therefore still considered displaced. More than
22,000 were newly displaced during the year as a result of internal
conflict and banditry. The number of individuals who had fled the
country totaled 164,905 and were largely located in neighboring
countries.
In July 2010 the government reopened the roads north of Ndele to
humanitarian access after a prolonged closure due to government efforts
to fight the CPJP.
The government did not provide protection or assistance to IDPs,
citing a lack of means, but allowed humanitarian organizations to
provide services such as assistance with seeds and agricultural
materials or provision of identity documents.
There were no reports of the government attacking or specifically
targeting IDPs. The government occasionally blocked humanitarian access
in areas frequented by armed groups. There were no reports of the
government inhibiting the free movement of IDPs.
Displaced children worked in fields for long hours and as porters
for bandits or armed groups (see sections 1.g. and 7.d.).
Protection of Refugees.--Access to Asylum: The country's laws
provide for the granting of asylum or refugee status, and the
government has established a system for providing protection to
refugees.
The government continued to cooperate with the UNHCR and other
humanitarian organizations in assisting approximately 17,750 refugees
in the country.
Nonrefoulement.--In practice the government provided protection
against the expulsion or return of refugees to countries where their
lives or freedom would be threatened. The government accepted refugees
without subjecting them to individual screening.
Refugee Abuse.--During the year security forces subjected refugees,
as they did citizens, to arbitrary arrest and detention. Refugees were
especially vulnerable to such human rights abuses. The government
allowed refugees freedom of movement but, like citizens, they were
subject to roadside stops and harassment by security forces and armed
groups. Refugees complained of having to pay higher fees and bribes at
road checkpoints than CAR citizens.
Access to Basic Services.--Refugees' access to courts, public
education, and basic public health care was limited by the same factors
that limited citizens' access to these services.
Stateless Persons.--Citizenship is derived by birth within the
country's territory; however, birth documentation and recordkeeping
were poor. For much of the year, basic identity documents such as
passports were unavailable to the public due to a lack of supply.
During the year the UNHCR determined approximately 50,000 of the
estimated 170,000 total IDPs and returnees were at risk of stateless
status. Laws provide for the opportunity to gain nationality.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution provides citizens with the right to change their
government peacefully; citizens exercised this right in presidential
and legislative elections during the year. However, election observers
considered the elections to be flawed.
Elections and Political Participation.--Recent Elections: During
the year the country held three rounds of multiparty presidential and
legislative elections that resulted in the reelection of Francois
Bozize as president. Bozize had seized power in a 2003 military coup,
declared himself president, and headed a transitional government until
winning election in 2005. Domestic and international election observers
judged the 2011 elections to be flawed, citing fraud, intimidation, and
lack of ballot secrecy, among other problems. Observers also reported
irregularities, including an unexplained increase of 40 percent in
registered voters between 2005 and 2010, and high levels of ``par
derogation'' votes indicating voters casting ballots outside their home
districts.
Political Parties.--Political parties were not prevented from
participating in the elections, and 861 candidates from 41 parties
competed for 105 legislative seats. Membership within the president's
Kwa Na Kwa party generally conferred special advantages, including
access to government resources to conduct political campaigns.
Political parties continued to be subject to close scrutiny and
restrictions by the government. Members of political parties were not
always able to move about the country without restriction; many had to
obtain authorization from the government before traveling.
Participation of Women and Minorities.--Women and minority citizens
are not prevented by law from voting or participating in political life
on the same basis as men or nonminority citizens. The new government,
chosen in April, included a number of female ministers, including the
minister of commerce, minister for primary and secondary education,
minister of international cooperation, minister of tourism, and
minister of social affairs. During the year there were eight female
deputies in the 105-member legislature.
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 Governance Indicators reported that corruption was a severe
problem.
In August two former ministers of telecommunications, Theirry
Maleyombo and Fidele Gouandjika, were implicated in a corruption
scandal during an audit of the ministry that revealed improper
payments. Maleyombo was briefly arrested, while Gouandjika had his
passport confiscated, was called as a witness in the case, and removed
from his position as government spokesman. At year's end Gouandjika
remained in his post as minister of agriculture.
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 chosen in April 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
A variety of domestic and international human rights groups
generally operated freely within the country, despite several cases of
harassment and threats by government officials or security force
members against domestic NGOs who investigated and published their
findings on human rights cases. Government officials were somewhat
cooperative and responsive to their views.
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.
A few NGOs were active and had a significant impact on the
promotion of human rights. Some local NGOs, including the LCDH, OCDH,
ACAT, and Association of Women Jurists (AFJC), a Bangui-based NGO
specializing in the defense of women's and children's rights, actively
monitored human rights problems; worked with journalists to draw
attention to human rights violations, including those committed by the
army; pleaded individual cases of human rights abuses before the
courts; and engaged in efforts to raise the public's awareness of
citizens' legal rights.
Domestic human rights NGOs reported that some officials continued
to view them as spokespersons for opposition political parties. They
also reported several cases of harassment by officials during their
fact-finding visits around the country. Domestic human rights NGOs
reported that its members located outside the capital remained afraid
to investigate alleged abuses because security force members 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 legally
their attackers due to fear of reprisal.
U.N. and Other International Bodies.--International human rights
NGOs and international organizations operated in the country mostly
without interference from the government. Several humanitarian NGOs
complained of difficulties in renewing their charters and of
substantial revisions to their operating requirements by the
government. A newly proposed law aimed to impose additional burdens on
international NGOs including taxation of expatriate staff salaries,
mandates to partner with and support local NGOs, and more frequent
reporting requirements to government agencies.
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 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.
The government cooperated with the International Criminal Court
(ICC), which continued its investigation into crimes committed in the
country in 2002-03 by the previous government and by soldiers under the
command of Jean Pierre Bemba, then a Congolese rebel leader. In 2008
Bemba was arrested in Brussels. In November 2010 Bemba's trial opened
in The Hague at the ICC. At year's end the prosecution was still
presenting its witnesses, and thousands had applied to the court as
victims.
Government Human Rights Bodies.--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. The commission was 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 ($9,870), the 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 functioned only
in Bangui. Some human rights observers noted that it acted more as a
spokesperson for the government than an office promoting human rights.
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.--Rape and Domestic Violence.--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 prosecutions and convictions during the
year were not available. The fear of social stigma and retaliation
inhibited many families from bringing suits.
During a visit to the country in February 2010, the U.N. High
Commissioner for Human Rights 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 countrywide assessments were conducted on the prevalence of
rape. However, according to a baseline study conducted in 2009 by an
international NGO 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 previous year, and the
study concluded that the true prevalence of rape may be even higher. A
University of California at Berkeley survey conducted in late 2009
found that in four western provinces, approximately 6 percent of women
reported being a victim of sexual violence since 2001. In addition,
from January through August 2011, an international NGO reported 34
cases of gender-based violence brought to its attention in the Ouham
Pende area. Of these cases, 50 percent were against minors and included
male and female rape. According to the NGO, only two of the cases were
reported to local gendarmes and most went unreported because family
members preferred a traditionally mediated solution. One of the cases
reported to the gendarmes involved the rape of a young child; however,
a traditionally mediated solution stopped the case from reaching the
courts.
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 an international
NGO study had experienced violence committed by their partner in 2009.
Of those surveyed, 33 percent of men and 71 percent of women said it
was acceptable to use violence against women when women had not
properly performed their domestic tasks. Spousal abuse was considered a
civil matter unless the injury was severe. According to the AFJC,
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.
Female Genital Mutilation (FGM).--The practice of FGM was
prohibited by law, although it occurred in some rural areas (see also
Children below).
Other Harmful Traditional Practices: Women, especially the very old
and those without family, continued to be targets of witchcraft
accusations (see section 6).
Sexual Harassment.--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.
Reproductive Rights.--The government respected couples' rights to
decide freely and responsibly the number, spacing, and timing of
children. Most couples lacked access to contraception and skilled
attendance during childbirth. According to UNICEF data collected
between 2000 and 2006, approximately 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 U.N. Population Fund, the maternal
mortality rate remained extremely high: 850 of every 100,000 live
births. Infant mortality was 106 deaths per 1,000 live births in 2008.
U.N. sources estimated that a woman's lifetime risk of maternal death
was one in 27. The government continued working with U.N. agencies to
increase the use of contraception, including by women, and to assist in
other prevention activities targeting sexually transmitted infections.
Discrimination.--The formal 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 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 an international NGO 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.
The AFJC 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.--Birth Registration.--1Citizenship 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.--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 attended primary school. Some local and international
NGOs made efforts (with little success) to increase Ba'aka enrollment
in schools; there was no significant government assistance to these
efforts.
Child Abuse.--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.
In July the government convened the National Council for the
Protection of Children to address topics related to child abuse,
exploitation, and trafficking. The membership was appointed by the
prime minister and includes representatives from concerned ministries,
international organizations, and NGOs.
Child Marriage.--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 2000 and 2009, and the 2006 Multiple
Indicators Country Survey reported that nearly 20 percent of women had
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.
Harmful Traditional Practices.--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 $1,975), 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 AFJC, anecdotal evidence
suggested FGM rates declined in recent years as a result of efforts by
UNICEF, AFJC, and the Ministries of Family and 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
overall percentage of girls and women between the ages of 15 and 49 who
had undergone FGM was approximately 27 percent.
Sexual Exploitation of Children.--There were no statutory rape or
child pornography laws protecting adolescent minors or children.
Child Soldiers.--Child labor was widespread; forced child labor,
including the use of children as soldiers, occurred (see sections 1.g.,
7.c., and 7.d.).
Displaced Children.--There were more than 6,000 street children
between the ages of five and 18, including 3,000 in Bangui, according
to 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 with
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.
International Child Abductions.--The country is not a party to the
1980 Hague Convention on the Civil Aspects of International Child
Abduction.
Anti-Semitism.--There was no significant Jewish community, and
there were no reports of anti-Semitic acts.
Trafficking in Persons.--See the Department of State's Trafficking
in Persons Report at http://state.gov/j/tip.
Persons With Disabilities.--The law prohibits discrimination
against persons with both mental and physical disabilities. It also
requires that for any company employing 25 persons or more, 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 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
physical 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 physical disabilities.
National/Racial/Ethnic Minorities.--Violence by unidentified
persons, bandits, and other nonstate armed entities against the Mbororo
was a problem, as they continued to suffer disproportionately from the
civil disorder in the north. Their cattle wealth made them attractive
targets to the bandits and other nonstate armed entities. 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.
In July gendarmes captured four armed Mbororo herders and detained
them in Zemio on suspicion of colluding with the LRA. Approximately 100
persons from the local community stormed the holding facility,
overpowered the gendarmes, and killed three of the accused men. Mbororo
in LRA-affected areas were often accused of complicity with the LRA and
discriminated against or targeted on those grounds.
Indigenous People.--Despite constitutional protections and the
ratification of the International Labor Organization (ILO's) Convention
on Indigenous and Tribal Peoples, 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 were considered
to be the slaves of members 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 that Ba'aka were effectively
``second-class citizens,'' and the popular prejudice that they were
barbaric and subhuman further caused them to be excluded from
mainstream society.
Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--1The penal code criminalizes
consensual same-sex sexual activity. 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 ($295 and $1,185). When one of the participants is a child,
the adult may be sentenced to 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 under these
provisions.
While there is official discrimination based on sexual orientation,
there were no reports of the government targeting gay men and lesbians.
However, societal discrimination against lesbian, gay, bisexual and
transgender persons was entrenched, and many citizens attributed the
existence of homosexuality 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
U.N. 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.
Mob violence was widespread, and cases were underreported.
Civilians reportedly continued to injure and torture persons
suspected of being sorcerers or witches.
On May 27, a woman in Bangui was threatened with death by her
neighbors, who accused her of attempting to initiate seven young girls
into the practice of sorcery. Police detained the woman for her own
safety; as of November she remained in custody.
Detentions, arrests, and abuse of those accused of witchcraft were
commonplace. Many of those accused were women, and they were often
subjected to mob violence, imprisonment, or death.
In November five women accused of sorcery were beaten and tortured
by members of the APRD in the village of Boyimadja 2. One woman
eventually died of her injuries, and another remained in APRD custody,
to be turned over later to local gendarmes.
There were no further developments in the October 2010 case of four
persons accused of witchcraft in Mbereguili village. The four were
reportedly tortured by members of the APRD.
Section 7. Worker Rights
a. Freedom of Association and the Right to Collective Bargaining.--
1The 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. 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. 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 requires that
union officials be full-time, wage-earning employees in their
occupation and allows them to conduct union business only 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 a residency requirement of at least two years before
they may organize. 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.
Workers have the right to strike in both the public and private
sectors; 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.
The law expressly forbids antiunion discrimination. The labor code
provides that unions may bargain collectively in the public and private
sectors and also provides workers protection from employer interference
in the administration of a union. In June 2010 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. During
the year the government took no action on the ILO recommendation.
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.
Several union strikes were encountered during the year, including
by taxi drivers and university professors, and the government respected
the laws concerning labor actions. Workers exercised some of these
rights in practice. However, only a relatively small part of the
workforce, primarily civil servants, exercised the right to join a
union. While worker organizations are officially outside government or
political parties, the government exerted some influence over the
leadership of some organizations.
Labor unions did not report any underlying patterns of
discrimination or abuse. The president of the labor court said the
court did not hear any cases involving antiunion discrimination during
the year.
Collective bargaining occurred in the private sector during the
year, although the total number of collective agreements concluded was
unknown. The government generally was not involved if the two parties
were able to reach an agreement. Information was limited on
effectiveness of collective bargaining in the private sector.
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 and pension arrears
continued to be a problem for armed forces personnel and the 24,000
civil servants, although the government continued to reduce the
arrears.
b. Prohibition of Forced or Compulsory Labor.--1The labor code
specifically prohibits all forms of forced or compulsory labor and
prescribes a penalty of five to 10 years' imprisonment. The labor
code's prohibition of forced or compulsory labor also applies to
children, although they are not mentioned specifically. However, the
government did not enforce the prohibition effectively, and there were
reports that such practices occurred. Women and children were subject
to 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. There were no known victims removed from
forced labor during the year.
Also see the Department of State's Trafficking in Persons Report at
http://state.gov/j/tip.
c. Prohibition of Child Labor and Minimum Age for Employment.--The
labor code forbids the employment of children younger than 14 years of
age without specific authorization from the Ministry of Labor and Civil
Service, but the law also 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. Although the law defines hazardous work as any
employment that endangers children's physical and mental health, it
does not define the worst forms of child labor. The mining code
specifically prohibits child or underage labor.
The government did not enforce these provisions. Child labor was
common in many sectors of the economy, especially in rural areas. There
were no reports that children were employed on public works projects or
at the residences of government officials. However, children continued
to perform hazardous work during the year.
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. Children also worked in the diamond fields alongside adult
relatives, transporting and washing gravel, as well as mining gold,
digging holes, and carrying heavy loads. Despite the law prohibiting
child labor in mining, 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 Labor's Findings on the Worst Forms of
Child Labor at http://dol.gov/ilab/programs/ocft/tda.htm.
d. 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 kind of
work. For example, the monthly minimum wage was 8,500 CFA francs ($17)
for agricultural workers and 26,000 CFA francs ($51) for government
workers.
The minimum wage applies only to the formal sector, leaving most of
the economy unregulated in terms of wages. The monthly minimum wage
increased 12 percent during the year from 25,000 CFA ($50) to 28,000
CFA ($55). 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 was
unknown whether this occurred in practice during the year.
There are general laws on health and safety standards in the
workplace, but the Ministry of Labor and Civil Service did not
precisely define 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.
The government did not enforce labor standards, and violations were
common through all sectors of the economy.
__________
CHAD
executive summary
Chad is a centralized republic in which the executive branch
dominates the legislature and judiciary. Legislative and presidential
elections were held during the year. In April President Idriss Deby
Itno, leader of the Patriotic Salvation Movement (MPS), was elected to
a fourth term with 83.6 percent of valid votes. However, major
opposition figures chose to boycott the presidential election, which
was marked by low voter turnout. Deby has ruled the country since
taking power in a 1990 coup. In February's legislative elections, the
ruling MPS won 118 of the National Assembly's 188 seats. International
observers deemed these elections to be legitimate and credible. Despite
logistical issues, both the legislative and presidential elections
occurred without violence. There were instances in which elements of
the security forces acted independently of civilian control.
The most significant human rights problems reported were abuses by
security forces, including beatings; harsh and life-threatening prison
conditions, which resulted in inmate deaths; and discrimination and
violence against women and children, including female genital
mutilation (FGM), as well as child abuse and child marriage.
Other human rights abuses included reports of rape committed by men
wearing uniforms; arbitrary arrest and detention; lengthy pretrial
detention; denial of fair public trial; and executive influence on the
judiciary. In addition, there were some limitations on freedom of
speech and press. Refugee abuse continued, and corruption was
widespread. Trafficking in persons, particularly related to child
herders and domestic servants, reportedly occurred, as did sexual
exploitation. Ethnic-based discrimination, forced labor, including of
children, and exploitive child labor were problems.
The government took steps to prosecute or punish some officials who
committed abuses; however, accountability was limited due to a lack of
checks and balances; inadequate institutional capacity, including in
the judiciary; a culture of impunity; and widespread corruption.
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 allegations, but no confirmed reports, of
politically motivated killings. There were reports that the government
or its agents committed arbitrary or unlawful killings.
On March 9, Djepatarlemgoto Benjamin, a close relative of the prime
minister, was killed by unidentified persons at his house. Human rights
groups alleged that the murder was politically motivated. No
investigation was conducted, and the government treated the case as a
purely criminal matter.
On September 16, in Lere in Mayo-Kebbi West, intercommunal conflict
related to kidnapping of children for ransom resulted in the deaths of
four persons. Security forces arrested and jailed 47 alleged
perpetrators. While in security force custody, nine of the arrestees
died, with one additional detainee dying while being transferred to
N'Djamena. Local nongovernmental organizations (NGOs) and some National
Assembly members criticized the government for not taking any action
against those responsible.
The 10 alleged perpetrators of the killings of nine persons during
the 2009 interethnic conflict between herders and farmers in Kana
District were released without being charged in June.
b. Disappearance.--There were no reports of new politically
motivated disappearances or of people being held in secret detention or
of disappearing after detention during the year. However, the
whereabouts of persons arrested for political reasons in previous years
remained unknown, and persons were held incommunicado during the year.
In May a presidential decree announced that a previously
established inter-ministerial committee formed to address the pending
case of disappeared opposition leader Ibni Oumar Saleh would be
augmented by two international criminal prosecutors, one from the EU
and another from the Organisation Internationale de la Francophonie. A
total of 1,150 persons disappeared in the course of the 2008 fighting,
58 of whom (including Ibni) were believed to have been the victims of
criminal acts. The remaining 1,092 reportedly were considered to be
casualties of war. A number of witnesses have since been called to
testify about Ibni's arrest and jailing, and according to the
government, investigative efforts have increased on the cases of some
of the 57 others.
Although in decline, cross-border kidnapping of children in the
Mayo-Kebbi Region along the border with Cameroon continued, despite the
deployment early in the year of a mixed police/army border force. Armed
persons, both local and from neighboring countries, reportedly
kidnapped children, especially Fulani children, due to a perception
that their families were wealthier than those of other ethnic groups.
At mid-year, the force ceased operation due to an interruption in
funding.
According to the NGO Human Rights without Borders, there were
allegations that local officials and military force members were
complicit in kidnappings for ransom. In February one woman and two
children were kidnapped for ransom from two villages in Lere, Mayo-
Kebbi West, by a cross-border gang comprised of Cameroonian and Chadian
members. The victims were taken to Cameroon and returned after payment
of ransom. The NGO reported that village chiefs and local government
and military officials received payoffs in connection with their
release. It also alleged that, due to corruption among other government
and military officials, the local head of the gendarmerie no longer
arrested gang members, but instead had them summarily shot.
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 provisions in practice. For
example, a local human rights group reported that on February 7, Noh
Djibrine Abdelbanat was abducted and tortured by two gendarmes in
Salamat Region. The alleged torture resulted in serious injuries,
including an infected limb that required amputation. The case was
referred to the public prosecutor's office, and the victim was awarded
monetary damages.
There were reports of torture by individual members of the security
forces, although these were neither politically motivated nor directed
by the government.
No effective action was taken against security forces involved in
the alleged torture of Berangoto, Djibrine Noh,and Madjadoumbe Ngom
Halle in 2010.
There were reports during the year of cases in which men wearing
uniforms, presumed but not confirmed by the authorities to be either
police, gendarmes, or Chadian National Army (ANT) personnel, raped
women and girls. For example, on March 4, three men wearing military
uniforms attacked the house of a local worker of an international NGO
based in the town of Goz Beida. After the attack, the men abducted a
15-year-old girl, who stated that the three men raped her several times
and that she was beaten. She was later found abandoned by the roadside.
A doctor at a local hospital confirmed that she had been raped.
An international NGO reported that rape of refugee women was
common, especially of those who ventured outside their camps. Victims
were reluctant to come forward for a variety of reasons, including
cultural, and a lack of confidence in the judicial system.
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 budget for and did not provide meals for inmates. Prison guards were
not regularly paid and sometimes ``released'' prisoners who offered
compensation in return. 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 recordkeeping and management, many
individuals remained in prison after completing their sentences or
after courts had ordered their release.
No follow-up action was taken on the 2010 survey ordered by Justice
Minister Mbailao Naimbaye Lossimian to assess prison conditions,
prisoner rights awareness, and the timely disposition of cases. The
survey revealed that there were prisoners without case files who had
been detained more than three years with no follow-up by judges or
lawyers.
As in prior years, local human rights organizations stated that
they were denied access to military prisons, but the International
Committee of the Red Cross (ICRC) was given access during the year.
Local human rights organizations reported on the existence of secret
prisons run by the National Security Agency and the General Directorate
of Security Services for National Institutions (DGSSIE) in 2010. Human
rights organizations also alleged that both military members and
civilians were detained at military bases and held incommunicado.
Estimates of deaths due to poor prison conditions varied. A local
human rights group reported nine prisoner deaths during the first half
of the year in three districts of N'Djamena alone. No countrywide
estimates were available.
The government did not keep statistics on the number of prisoners
and detainees, and no information from other sources was available.
Male juveniles were not always separated from adult male prisoners, and
children sometimes were held with their inmate mothers. Male and female
prisoners were separated, and conditions for women were no different
than those for men. A July 2010 Justice Ministry visit to five eastern
towns revealed that children as young as eight years old were
incarcerated for petty thievery. Pretrial detainees were held with
convicted prisoners. Prisoners generally had access to visitors and
were permitted religious observance according to their preference.
There was no regular mechanism by which prisoners could submit
complaints about prison conditions, limiting judicial authorities'
ability to receive such complaints. Authorities did not use
alternatives to sentencing for nonviolent offenders.
The government honored a permanent authorization provided to the
Chadian Association for the Promotion and Defense of Human Rights,
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, which 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 ICRC to visit civilian prisons under
the control of the Ministry of Justice, and during the year the ICRC
conducted such visits.
d. Arbitrary Arrest or Detention.--The constitution and law
prohibit arbitrary arrest and detention; however, security forces
violated these provisions.
For example, on January 2, intelligence agents arrested General
Oumar Bourkou, who was then arbitrarily jailed at a police camp for 15
days. No charges were filed against him.
On March 18, intelligence agents arbitrarily arrested General Ahmat
Yahya and placed him in custody at the National Intelligence Prison. He
was transferred 15 days later to the Narcotics Police Camp of
N'Djamena. At year's end, he remained in detention and his case was
pending.
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 to the Integrated Security
Detachment (CONSAHDIS), is responsible for reducing insecurity in
refugee camps and for protecting refugees, internally displaced persons
(IDPs), and humanitarian workers. The ANT, gendarmerie, and GNNT report
to the Ministry of Defense; the National Police report to the Ministry
of Public Security and Immigration; and the DGSSIE and ANS report to
the president.
Police were corrupt and involved in banditry, arms proliferation,
and extortion. Security force impunity was widespread (see section 4).
The government continued to make some progress in modernization and
professionalization of the military, including a significant reduction
in the size of the armed forces which was initiated during the year.
The reform process continued at year's end. The minister of defense's
effort to achieve a full accounting of those in the military was
impeded by discharged soldiers who continued to collect salaries and to
wear military uniforms. The failure to enforce the cessation of pay to
and the wearing of uniforms by discharged soldiers largely was
explained by the refusal of military officers responsible for
enforcement because of ethnic and clan links to the discharged
soldiers. There were isolated reports of former soldiers who posed as
active duty military, committing crimes with government-issued weapons.
Arrest Procedures and Treatment While in Detention.--Although the
constitution and law require a judicial official to sign arrest
warrants, detainees were not always promptly informed of charges, and
judicial determinations were not made promptly. The law requires access
to bail and counsel, but there were cases when neither was regularly
provided.
Incommunicado detention was a problem. The constitution and law
state provide for legal counsel for indigent defendants and prompt
access to family members; however, in practice, this usually did not
occur. Family members often were required to provide food and water for
prisoners.
Arbitrary Arrest.--The absence of rebel activity during the year
resulted in a reduced number of cases of arbitrary arrest, but the
problem continued.
In March 2010 intelligence agents arrested without charge fellow
agent Mahamat Abrass Moussa, who remained in detention at year's end.
Two university students arrested on May 8, who reportedly prepared
antigovernment tracts intended to incite insurrection among southern
Chadians, were held incommunicado until June 8, when they appeared in
court to face charges. The NGO Human Rights Without Borders stated that
because the arresting officers did not appear in court, no charges were
filed. The students, who claimed they were victims of a sting operation
in which they were paid by government agents to prepare the tracts,
were released over the summer.
Pretrial Detention: 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 generally was ignored outside of the capital.
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 branch 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 generally were weak and in some areas
nonexistent or nonfunctional. There were only 150 judges in the
country, for example, and most had to hand write court documents.
The Superior Council of Magistrates recommends judicial nominees
and sanctions 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 council's
authority. 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.
Government officials, particularly members of the military, often
were able to avoid prosecution.
Chad's legal system is based on French civil law. However, the
constitution recognizes customary and traditional law in locales where
it is long-established if it does not interfere with public order or
constitutional guarantees of equality for all citizens. 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 many
minor civil cases, the population relied on traditional courts presided
over by village chiefs, canton chiefs, or sultans. Penalties in
traditional courts varied and sometimes depended on the clan
affiliations of the victim and perpetrator. Decisions of traditional
courts can be appealed to a formal court.
The law provides that crimes committed by military members be tried
by a military court; however, no such courts have been established.
Trial Procedures.--The law provides for a presumption of innocence;
however, many judges assumed a suspect's guilt, sometimes as a means to
extort money from the defendant. For example, in some rape cases that
reached the courts, defendants were fined rather than tried. 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, detained
persons were not always given access to counsel. The law states that
indigents should be provided promptly with legal counsel in all cases,
but this seldom occurred, although human rights groups sometimes
provided free counsel to indigent clients. Defendants, their lawyers,
and judges have the right to question witnesses and 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.
In some cases, local leaders may decide whether to apply the Muslim
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.--In 2010 an opposition Web site
released a list of 750 prisoners, not all of whom were alleged to be
political prisoners, detained at Koro Toro prison, which was closed to
new prisoners in February. According to the ICRC, its caseload of
political prisoners decreased markedly during the year following
several waves of prisoner releases from Koro Toro and other detention
facilities. Most of those released were suspected of supporting armed
opposition leaders responsible for attacks on N'Djamena in 2008. Among
those released were seven alleged United Front for Democratic Change
rebels held incommunicado since 2007. Some political detainees were
transferred to the Central Prison in N'Djamena. According to local
human rights organizations, not all prisoners were transferred or
released from Koro Toro and some remained incarcerated; the absence of
statistics and records made it difficult to ascertain how many remained
incarcerated in Koro Toro.
Civil Judicial Procedures and Remedies.--The judiciary 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.
Property Restitution.--Using its power of eminent domain, the
government continued to confiscate private property and demolish homes,
businesses, and NGO headquarters during the year as part of ongoing
urban renewal efforts in N'Djamena. Numerous persons were deprived of
shelter and their means of livelihood. Citizens and NGOs alike alleged
that the government failed to give proper advance notification or to
otherwise follow the legal requirements for proper compensation. The
government claimed that it provided compensation to those with deeds;
however, critics charged that the compensation was inadequate and not
available to all. N'Djamena residents established neighborhood
associations to counter arbitrary seizures with the support of Amnesty
International and local human rights organizations.
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 continued home demolitions in N'Djamena. Unlike in the
previous year, there were no reports that the government conducted
wiretaps or monitored private mail and e-mail. Security forces
regularly stopped citizens and extorted money or confiscated
belongings.
The Ministry of Public Security and Immigration did not lift a ban
on both the possession and use of satellite telephones. Military and
police personnel searched for and confiscated satellite telephones.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--Status of Freedom of Speech and
Press.--The constitution provides for freedom of opinion, expression,
and press, with restrictions if public order, good morals, or the
rights of others are affected; the government generally respected this
right in practice.
Freedom of Speech.--Unlike in the previous year, newspapers were
free to criticize the government and did so regularly, although some
self-monitored in terms of the limits of such criticism.
Freedom of Press.--There were no reports of press restrictions
during the year. However, a requirement agreed to by the ruling and
opposition parties providing for equal coverage by radio stations
during the legislative and presidential campaigns had the effect of
limiting coverage to the larger state-owned public stations because
private and community stations lacked, in all cases, the capacity and,
in some cases, the desire, to cover all candidates equally.
Newspapers openly criticized government policies and activities.
Opposition newspapers published cartoon caricatures of government
ministers and of the president. No action was taken against newspapers
that published articles negatively portraying MPS activities or party
members, including senior officials.
Radio remained the most important medium of mass communication.
Government-owned Radiodiffusion Nationale Tchadienne had several
branches. There were numerous private radio stations that broadcast
throughout the country, many of them owned by religious organizations.
A new radio station in Lere, Mayo-Kebbi West, Radio Communitaire,
was inaugurated in June by a local NGO that is dedicated to addressing
health, human rights, and rural development issues.
FM Radio call-in programs broadcast the views of callers that
included open criticism of the government and calls for the government
to be changed through the elections process.
The government owned and operated the only domestic television
station but did not interfere with reception of channels originating
outside the country.
Violence and Harassment.--There were no cases of violence
perpetrated on any journalist. On rare occasions, journalists were
warned in writing by the High Council for Communication to produce more
``responsible'' journalism or face fines.
Censorship or Content Restrictions.--The constitution prohibits
propaganda of an ethnic, regionalist, or religious nature that affects
national unity or the secular nature of the state. Some journalists and
publishers practiced self-censorship.
Internet Freedom.--There were no government restrictions on access
to the Internet or, unlike the previous year, credible reports that the
government monitored e-mail or Internet chat rooms. Individuals and
groups could express their views via the Internet, including by e-mail.
Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.
b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The constitution provides for freedom of assembly, with
restrictions if the rights of others, public order, and morals are
affected; the government respected this right in practice. 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 generally
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.--See the Department of State's
International Religious Freedom Report at http://state.gov/j/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, foreign travel, emigration, and
repatriation, the government imposed limits on these rights.
The government cooperated with the Office of the U.N. High
Commissioner for Refugees (UNHCR) and other humanitarian organizations
in providing protection and assistance to internally displaced persons,
refugees, and other persons of concern.
In-country Movement.--Insecurity in the east, consisting primarily
of incidents of violent criminality by armed bandits, hindered the
ability of humanitarian organizations to provide services to refugees.
NGO workers traveling between camps were sometimes victims of
carjackings and armed robberies by bandits.
Internally Displaced Persons (IDPs).--Approximately 130,000 IDPs,
most of whom were displaced in the east in 2005 as a result of
interethnic fighting over scarce water and land resources during
drought, resided in 38 camps in the country. Some 50,000 IDPs returned
home during the year, some with direct assistance provided by UNHCR.
Many IDPs were reluctant to return to their original homes because of
fragile security conditions and because their property had been
resettled by other groups and frequently provided less access to
potable water and primary health care. In March government officials
stated their commitment to help IDPs return home or resettle elsewhere
in the country, but lacked a strategy to achieve this goal. Several
areas of IDP return were only partially accessible to humanitarian
organizations because of security constraints, according to a U.N.
Secretary General report in April. The government continued to allow
IDPs access to humanitarian organizations and permitted them to accept
assistance provided by these groups. The U.N. and other humanitarian
organizations operated in the country during the year and provided
services to IDPs and refugees.
The departure of MINURCAT (the U.N. Mission in the Central African
Republic and Chad) reduced the U.N.'s ability to monitor the safety of
IDPs and other civilians, according to the U.N. Secretary General's
report. Sexual violence against displaced women and girls in eastern
Chad was a problem. There were reports that men in uniform, who may
have included members of the security forces, local indigenous groups,
or unemployed male IDPs and bandits, raped female IDPs (see section
1.d.).
As in the rest of the country, perpetrators of sexual violence
rarely were prosecuted, and government efforts to protect vulnerable
women and girls were inadequate. However, the government conducted
extensive sensitization campaigns against sexual violence and urged
women to come forward without fear of reprisal. DIS personnel, for
example, are trained in sexual and gender-based violence and all DIS
units now have female officers.
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. The mobile courts set up by the
U.N. only made occasional visits to each area and rarely addressed
sexual violence cases. The formal judicial system was unable to provide
consistent and predictable recourse or legal protections. Traditional
or customary legal systems were subject to ethnic or regional
variations.
Tension between IDPs and local communities existed. IDPs were
generally located near potable water and health services provided to
them by international humanitarian agencies, which sometimes resulted
in resentment among host communities that did not receive such
services.
An indeterminate number 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.--Approximately 270,000 Sudanese refugees
from Darfur remained in the country; most were located in 12 camps
along the eastern border with Sudan. Approximately 80,000 refugees from
the Central African Republic (CAR) lived primarily in five camps in the
south, and approximately 5,000 refugees of various nationalities lived
in urban areas.
MINURCAT concluded operations and withdrew from the country at the
end of 2010. MINURCAT's functions to protect refugee camps were assumed
by the DIS comprised of Chadian military and police forces trained by
MINURCAT. While DIS was generally effective in improving protection for
refugee and IDP camps and for U.N. and other humanitarian operations in
the eastern part of the country, many of the attacks on refugee women
and girls fell outside its area of jurisdiction.
Access to Asylum.--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.
Refugee Abuse.--According to UNHCR data, there were 37 rapes, 13
cases of attempted rape, and 540 cases of sexual or gender-based
violence reported between November 2010 and May 2011. It was unclear
whether these higher figures were due to improved reporting or
increased violence. In the majority of cases, the perpetrators were
either fellow refugees or unknown individuals just outside the camps.
These figures likely underestimated the extent of rape since rape was
often not reported due to cultural sensitivities.
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.
However, the recruitment of refugees, including children, into rebel
armed groups waned during the year. The U.N. had no confirmed cases of
child soldiers in the ANT during the year (see section 6, Child
Soldiers).
Anti-refugee sentiment among citizens living in refugee-impacted
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. Similar conflicts occurred in areas
hosting refugees from CAR.
Durable Solutions.--The government cooperated with UNHCR in
supporting local integration of refugees from CAR in southern Chad.
However, the government did not support UNHCR's efforts to promote
third-country resettlement for refugees from Darfur. The government
allowed refugees from CAR to be referred for resettlement in third
countries.
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.--Recent Elections.--Although
fraught with operational problems, international observers including
the EU, African Union, and the Organisation Internationale de la
Francophonie, the pan-African civil society group Coordination des
Experts Electoraux Africains, and government and opposition-affiliated
Chadian civil society actors deemed the February legislative elections
to be legitimate and credible. No violence was associated with the
elections, and there was no evidence of a systematic effort to deny
voters their right to freely choose. Opposition candidates were given
equal access to and treatment by national television, and security and
government officials generally maintained a neutral posture during the
campaigns.
The presidential vote in April occurred without violence or
incident, and the election was organized in a manner sufficiently
consistent with international standards and local laws that the
electorate was in general permitted free expression of choice. However,
local groups criticized the lack of participation by the three
opposition candidates and low voter turnout.
Political Parties.--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.
Participation of Women and Minorities.--There were 10 women in the
188-seat National Assembly. Five of the 40 cabinet ministers 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.
The police, gendarmerie, and military forces addressed arms
proliferation in prior years through a concerted effort to confiscate
illicit arms. There were fewer incidents of military, police, and
gendarmes extorting payments from motorists following a crackdown on ad
hoc roadblocks ordered by the president and as a result of
international law enforcement training initiatives.
Impunity for officials, particularly for the military and other
influential persons, was common. For example, members of the Judiciary
Police, which is an office within the National Police with arrest
authority, often did not enforce domestic court orders against the
military or members of their own ethnic groups. Judicial lack of
independence and corruption also were problems.
The Ministry of Good Governance is responsible for fighting
corruption. The ministry carried out several investigations of
government malfeasance during the first six months of the year and
reportedly recovered more than 4 billion CFA ($8 million).
The government investigated several officials connected to various
corruption scandals, including a textbook scandal involving 1.5 billion
CFA ($3 million) in false contracts. All 141 government officials
associated with the textbook scandal and 34 others investigated in
connection with embezzlement and misappropriation were released; in
most cases charges were dropped.
In 2010 the High Court formally investigated seven ministers in
connection with the textbook scandal. Charges against 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, who had been previously jailed on corruption
allegations, were dropped on the basis of insufficient evidence. Former
secretary-general of the presidency Haroun Kabadi, also implicated and
jailed in connection with the scandal, was released and subsequently
appointed as special advisor to President Deby and secretary general of
the ruling MPS party. In June he was elected head of the National
Assembly. Sixteen other government officials from the ministries of
finance and education arrested in connection with the case were also
freed due to insufficient evidence.
N'Djamena Mayor Marie-Therese Mbailemndada was arrested in August
and held in police detention pending investigation of charges of
mismanagement and inability to account for 1.2 billion CFA ($2.4
million). She was later released. Her predecessor, Mahamat Zen Bada,
was also arrested on corruption charges in 2009 and removed from
office, but released when charges against him were dropped in August
2010. Zen Bada ran President Deby's 2011 reelection campaign in the
Guera Region.
The government took limited action regarding International Crisis
Group charges that it did not award in a transparent fashion public
works contracts financed by oil revenues; the lack of transparency
increased corruption and cronyism.
In June the Ministry of Good Governance held an anticorruption
seminar for security force officials and civil servants. This followed
training sessions the previous year for local officials on ethics and
good governance; governors from the 22 regions attended the seminars.
Public officials were subject to financial disclosure laws;
however, the law was not enforced, and officials did not readily
disclose details of 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's budget is publicly
available in printed form upon request from the Ministry of Finance and
includes incomes and expenditures. However, some of the expenditures
are allocated through extra budgetary spending measures. 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 were sometimes unresponsive or hostile to their findings.
There were no reports that the government actively obstructed the work
of domestic human rights organizations. Such groups were able to
investigate and publish their findings on human rights cases. Human
rights groups were outspoken in publicizing abuses through reports,
press releases, and the print media, but only occasionally successfully
intervened with authorities.
There were no reports that the government arrested or harassed NGO
employees.
U.N. and Other International Bodies.--The government cooperated
with international governmental organizations and permitted visits by
U.N. representatives. There were no reports that the government
obstructed the work of international human rights organizations.
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 and Domestic Violence.--Rape is prohibited and
punishable by hard labor; however, rape, including of female refugees
and IDPs, 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
alleged perpetrators, rape cases usually were not tried, and most
suspects were released. Cultural norms sometimes forced women and 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 cases of abuse. Family or traditional authorities could
provide assistance in such cases and often did, but police rarely
intervened. 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.
Female Genital Mutilation (FGM).--The law prohibits FGM; however,
the practice was widespread, particularly in rural areas. The U.N.
Population Fund (UNFPA) reported that 44 percent of women and girls had
undergone excision, with rates as high as 90 to 100 percent in some
regions. The practice was prevalent especially among ethnic groups in
the east and south. All three types of FGM were practiced. The least
common but most dangerous and severe 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 under the penal code,
and charges could be brought against the parents of 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 U.N., continued to conduct public awareness campaigns to
discourage the practice 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.
Sexual Harassment.--The law does not prohibit sexual harassment,
and such harassment was a problem.
Reproductive Rights.--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, according to UNFPA, only an estimated 3 percent of
women used any form of contraception. According to UNFPA, the incidence
of maternal mortality was 1,200 per 100,000 live births, and a woman's
lifetime risk of maternal death was one in 14. The country had a severe
shortage of healthcare providers (less than 400 physicians) and a
significant shortage of nurses, midwives, hospital staff, and
specialists such as pediatricians. Prenatal care was limited due to
inadequate health infrastructure, particularly in rural areas. Low
immunization rates and poor post-natal and child care education were
other constraints.
According to U.N. estimates, only 14 percent of births were
attended by skilled health personnel. Women were equally diagnosed and
treated with men for sexual transmitted infections; treatment was free.
Discrimination.--Discrimination against women and exploitation of
women were widespread. Although formal 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 Family 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 were discriminated against in access to
employment, credit, and pay equity for substantially similar work, and
in owning or managing businesses due to cultural norms.
The law states that persons of legal age (18 according to formal
law and 13 to 14 in traditional practice) have the right 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.
A UNFPA-supported government awareness campaign to combat gender-
based violence was expanded during the year to Pala in the south. The
campaign included raising awareness regarding rape, sexual harassment,
FGM, discrimination against women, and early marriage. In his August
inaugural speech, President Deby called for an end to ``traditional
practices,'' particularly in rural areas, where child marriage, FGM,
unwanted pregnancy, and the denial of educational opportunities to
girls were most common.
Children.--Birth Registration.--Citizenship is derived by birth
within the country's territory and from one's parents; however,
children born to refugees from Sudan were not always considered
citizens. Children born to refugees from CAR were generally granted
Chadian citizenship. The government did not register all births
immediately, and those without birth certificates could only be
enrolled in school provisionally and were required to subsequently
obtain a birth certificate. Schools could call on witnesses to verify
the age of the child.
Education.--By law education is universal and tuition-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. 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, migrant 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.--Child abuse remained a problem, but no data was
available on its extent. The Ministry of Social Action and Family is
responsible for the protection of children. The ministry undertook
public awareness campaigns, although resources remained limited. During
the year the Ministry of Education closed several Qur'anic schools
where there had been violations of child protection laws.
Armed bandits kidnapped children to obtain ransom in the Mayo-Kebbi
Ouest Region (see section 1.b.).
Child Marriage.--Although the law prohibits sexual relations with a
girl younger than 14, even if she is married, the ban was rarely
enforced. In practice, families arranged marriages for girls as young
as 12 or 13, with 11 being the minimum age for engagement. The law
prohibits forced marriages of anyone younger than 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). Anyone older than 18 has the right to decide for
themselves. Nevertheless, forced marriage of girls was a serious
problem, including among refugees. According to UNICEF data collected
between 2000 and 2009, approximately 72 percent of women between the
ages of 20 and 24 were married before the age of 18. 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 husbands. Many young wives were forced to work long hours
for their husbands in the fields or at home.
Child Soldiers.--The law prohibits the use of child soldiers.
According to UNICEF, there were no confirmed cases of conscription of
child soldiers during the year. There remain a number of reported, but
still unverified, cases that the U.N. continued to investigate. A 16-
year-old identified as part of an ANT patrol in the Ngoungour-Kawa area
in July and October 2010 was found and released in March through the
intervention of the local prefect and the ANT commander following
confirmation by the child's parents of his age.
The demobilization of remaining children from security forces was
completed in 2010. There were no confirmed reports of armed groups,
either Chadian or from Sudan, recruiting children from refugee camps
along the eastern border during the year (see section 2.d.).
In 2010 Chad hosted a regional conference to end recruitment and
use of children in armed conflict. The conference was organized with
support from UNICEF and included delegations from Cameroon, CAR, Niger,
Nigeria, and Sudan. UNICEF noted that Chad's progress in addressing
child soldiers had made it a regional leader on the issue. 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. An action plan to implement
the declaration was signed by the governments and international
partners on June 15, and was followed by biweekly meetings of a
government action committee in August and September. On June 14, the
government signed a comprehensive child soldiers' action plan with the
U.N. The plan included commitments on demobilization and reintegration
of child soldiers; prevention, awareness raising, and capacity
building; legal procedures and discipline for offenders; and access to
military sites for detection and investigation on the use of child
soldiers.
The government continued to transfer children associated with
returning rebel groups to UNICEF for reintegration and rehabilitation.
According to UNICEF, 1,031 child soldiers were returned to civilian
life from February 2007 to September 2011, with more than 95 percent
returned to their communities. The significant improvement of the
security environment in eastern Chad since 2010 facilitated family
tracing and reunification in previously inaccessible areas. The
government cooperated with international efforts to provide
rehabilitation services.
International Child Abductions.--The country is not a party to the
1980 Hague Convention on the Civil Aspects of International Child
Abduction.
Anti-Semitism.--There was no known Jewish community, nor were there
any reports of anti-Semitic acts.
Trafficking in Persons.--See the Department of State's Trafficking
in Persons Report at http://state.gov/j/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 ensure
access to buildings for persons with disabilities; however, the
government operated a few education, employment, and therapy programs
for such persons.
The country had numerous persons with disabilities caused by 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. Although most ethnic groups were
affiliated with one of two regional and cultural traditions--Arabs and
Muslims in the North, Center, and East; and Christian or animist groups
in the South--internal migrations in response to urbanization and
desertification resulted in the integration of these groups in some
areas.
Interethnic violence continued, particularly in the east and south.
Clashes occurred between herders and sedentary populations and other
interethnic violence that often concerned use of 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 LGBT 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 other persons and
obligates the government to provide information, education, and access
to tests and treatment for persons with HIV/AIDS. However, societal
discrimination continued to be aimed at persons living with HIV/AIDS,
and government officials were not always well informed on educating
such persons on their rights and treatment options. Women were
sometimes accused of passing HIV to their husbands and were threatened
by family members with judicial action or banishment.
Section 7. Worker Rights
a. Freedom of Association and the Right to Collective Bargaining.--
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. The Ministry of Territorial Administration can also order the
immediate administrative dissolution of a union. The law allows unions
to organize and bargain collectively. 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. The law restricts the right to strike in the
public sector, prolongs the period before a strike can occur, and the
definition of essential services is overly broad. The law permits
imprisonment with forced labor as punishment for participation in
illegal strikes. While there are no restrictions on collective
bargaining, the law authorizes the government to intervene under
certain circumstances. The labor code prohibits antiunion
discrimination. It explicitly covers all workers, including foreign and
illegal workers. However, the protections provided were not always
respected in practice.
The government effectively protected the right to freedom of
association and collective bargaining. However, collective bargaining
and its appeal procedures were sometimes subject to delays. Delays were
often caused due to bureaucracy, lack of capacity, and other factors
such as difficulties in convening key players in the negotiations.
There were no reports that the authorization of the Ministry of
Territorial Administration required for union formation was carried out
during the year. There were also no reports of restrictions on
collective bargaining or punishment for participating in illegal
strikes.
Unions are officially independent of both government and political
parties, although some unions were unofficially linked through
membership affiliation with either ruling or opposition parties. The
government did not influence or interfere in a series of strikes held
by two of the largest unions during the year. Unions negotiated
successfully with the government for salary increases for public and
private sector workers, which ended the strikes. In general, there was
no antiunion discrimination in practice. 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.
b. 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. A 1991
law sets the minimum age at 18 for any citizen wanting to join the
army. The law permits imprisonment with forced labor for participation
in illegal strikes. The law also prohibits the use of child soldiers.
Nevertheless, forced labor, particularly forced child labor,
occurred in the informal sector. Children and adults in the rural
sector were involved in forced agricultural work and in urban areas in
domestic servitude.
The majority of forced child laborers were subjected to domestic
servitude, forced begging, forced labor in cattle herding, fishing, and
street vending. Children from Chad were found in forced cattle herding
in Cameroon, CAR, and Nigeria. Girls sold or forced into child
marriages were forced by their husbands into domestic servitude and
agricultural labor. 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.
There were no instances of forced labor involving migrant workers.
Forced labor in prisons occurred.
See the Department of State's Trafficking in Persons Report at
http://state.gov/j/tip.
c. Prohibition of Child Labor and Minimum Age for Employment.--The
labor code stipulates that the minimum age for employment is 14, except
that children may work as apprentices beginning at age 13.
Violations of safety and health standards may lead to penalties
ranging from approximately 75,000 CFA to 300,000 CFA ($150 to $600).
Penalties for second offenses may include fines of more than 500,000
CFA ($1,000) and/or between one and 10 days of imprisonment. The Office
of the General Inspectorate of the Ministry of Labor has responsibility
for the enforcement of the minimum wage, work hours, and occupational
health and safety standards. The Ministry of Labor has inspectors
deployed throughout the country. Labor inspectors can refer cases to
the Ministry of Justice for prosecution. While not specialized in the
protection of children per se, the ministry has provided training to
these inspectors on children's issues. In practice, however, the
government did not effectively enforce these laws due to several
factors, including limited financial and human resources, inadequate
knowledge by the workforce of their rights provided by the law, and
corruption.
The Office of Labor Inspection is responsible for enforcement of
child labor laws and policies; however, the laws were not effectively
enforced. 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 sometimes took extrajudicial
actions against traffickers and child labor offenders, including
beating them 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.
In his August 2011 inaugural speech, President Deby again publicly
admonished parents who forced their children to herd instead of sending
them to schools.
Regarding the prohibition of the use of child soldiers, the
government generally enforced the law in practice. UNICEF maintained
that the ANT did not recruit children during the year and had earlier
ceased using children in combat roles. In June the government agreed to
a U.N. Action Plan to prevent future recruitment of child soldiers. In
September UNICEF closed down its last rehabilitation center for child
soldiers, having found no more cases (see section 6, Child Soldiers).
Child labor was a serious problem. The low legal minimum age for
employment, 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.
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
2005 study published by Human Rights Without Borders. Children were
regularly employed as herders, domestics, crop-pickers, and in panning
for gold. They also were employed in the commercial sector,
particularly in the capital, as street vendors, manual laborers, and
helpers in small shops. Contracts were typically entered into
informally between parents and herders and generally included
compensation (including a small monthly salary and generally one animal
at the end of six months). Local NGOs reported that compensation was
often not paid.
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 were customarily given one
cow as payment for one year's work, but herd managers sometimes refused
to pay this salary, or the child's parents collected the payment for
themselves.
Children worked as domestic servants, mainly in the capital.
According to a 2005 UNICEF-government survey of child domestics in
N'Djamena (the most recent data source available), 62 percent of child
domestics were boys, 24 percent were between eight and 14 years of age,
68 percent were between 15 and 17, and 86 percent were illiterate.
Local human rights organizations reported an increase in the number of
child domestic workers during the year.
Also see the Department of Labor's Findings on the Worst Forms of
Child Labor at http://dol.gov/ilab/programs/ocft/tda.htm.
d. Acceptable Conditions of Work.--The labor code requires the
government to set minimum wages. The monthly minimum wage was raised
during the year from 28,000 CFA ($56) to 60,000 CFA ($120); however,
the minimum wage was not effectively enforced. 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. The labor code mandates
occupational health and safety standards and gives inspectors the
authority to enforce them. Workers had the right to remove themselves
from dangerous working conditions. The labor code explicitly covers all
workers, including foreign and illegal workers.
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.
Workers did not always avail themselves of their rights concerning
work hour limits, largely because they preferred the additional pay.
The occupational health and safety standards were generally ignored
by local private companies and in the civil service. Multinational
companies generally met acceptable occupational health safety
standards. However, local private companies and public offices often
applied poor standards including lack of air conditioning (in part due
to highly irregular electrical supply), little or no fire device
protection, and little or no health and safety protection equipment.
Workers had the right to remove themselves from dangerous working
conditions, however, in practice, with so few jobs in the formal
sector, doing so for any reason often meant jeopardizing their
employment.
Public sector employees sometimes claimed wage-related violations;
however, these were generally due to arrears in payment of salaries
and/or bonuses or complaints over the low level of wages. The
protections legally provided for foreign and illegal workers were not
always respected in practice.
__________
COMOROS
executive summary
The Union of the Comoros is a constitutional, multiparty republic.
The country consists of three islands--Grande Comore (also called
Ngazidja), Anjouan, and Moheli--and claims a fourth, Mayotte, which
France governs. In November and December 2010 elections were held to
choose a new union president as well as governors for each of the three
islands. Serious electoral irregularities on the island of Anjouan
noted by some observers were not sufficient to change the outcome of
the national contests, and the constitutional court upheld the results
of the elections. On May 26, former vice president Ikililou Dhoinine
became president of the Comoros. Security forces reported to civilian
authorities.
Official corruption, bribery in particular, was a pervasive problem
in the government at all levels. Children were subject to various forms
of abuse from violence to forced labor, including the worst forms of
child labor, and trafficking in persons. The government did not
effectively enforce laws providing protections of worker's rights.
Other human rights problems reported during the year included poor
prison conditions, long pretrial detention, restrictions on press
freedom, violence and societal discrimination against women, and
criminalization of consensual same-sex sexual activity.
Impunity for violations of human rights existed. The government
rarely took steps to prosecute, much less punish, officials anywhere in
the government who committed abuses.
Section 1. Respect for the Integrity of the Person, Including Freedom
from:
a. Arbitrary or Unlawful Deprivation of Life.--During the year
there were no confirmed reports the government or its agents committed
any politically motivated killings. However, in June 2010 Colonel Combo
Ayouba, a senior army officer, was assassinated at his home in Moroni.
At year's end an investigation continued, and the chief of staff of the
Comoran Defense Forces was under house arrest for his possible role in
the killing (see section 1.e).
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. During
the year there were no reports government officials employed them.
Prison and Detention Center Conditions.--The detention facility in
Moroni was known as the national prison. There were detention
facilities as well on Anjouan and Moheli. The military detained
security personnel in its own facilities. National or island-level
authorities used these various detention facilities as deemed
appropriate, and detainees could be transferred from either Anjouan or
Moheli to Grande Comore depending upon the nature of the offense.
The limited available information indicated that prison conditions
remained poor. Detainees and prisoners normally received a single
meager meal per day. They depended on family members to supplement
their diet; those with no relations in the area suffered. Common
problems included nonpotable water, inadequate sanitation,
overcrowding, inadequate medical facilities, and poor diet. During the
year there were no reports of deaths of prison inmates.
The national prison in Moroni accommodated a maximum of 150 persons
under crowded conditions. Consistent records of prison populations were
not available. Authorities held pretrial detainees with convicted
prisoners.
Prisoners and detainees were permitted reasonable access to
visitors and Muslim religious observance. 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.
There were some documented improvements in conditions in the Badjo
detention facility on Moheli island, where a renovation included a new
cellblock, potable water and sanitation infrastructure, and beds.
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 government forces
include the Army of National Development and the Gendarmerie, which
report to the president's Cabinet Director for Defense (equivalent of
minister); and the National Directorate of Territorial Safety
(immigration and customs) under the Minister of Interior, Information,
and Decentralization. Each of the three islands also has its own local
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 permits 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.
The law describes 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.
Formal procedures described under the law were subject to
unpredictable, inconsistent, and broad variations in actual practice.
Pretrial Detention: Pretrial detention was a problem. By law
pretrial detainees can be held for only four months, but this period
can be extended. Detainees routinely await trial for extended periods
for reasons including administrative delays, case backlogs, and time-
consuming collection of evidence. Some extensions lasted several
months.
e. Denial of Fair Public Trial.--The constitution and law provide
for an independent judiciary, and the government generally respected
judicial independence in practice. However, judicial inconsistency,
unpredictability, lack of payment of salaries, and corruption were
problems.
Trial Procedures.--The law provides for the right to a fair trial
for all citizens. Under the legal system, which incorporates French
legal codes and Shari'a (Islamic law), trials are open to the public,
and defendants are presumed innocent. Juries deliberate criminal cases.
Defendants have the right to consult an attorney; indigent defendants
have the right to have one provided at public expense. Defendants may
be present, access government-held evidence, question witnesses, and
present witnesses and evidence on their own behalf. There is an appeal
process. The formal procedures described in the law were subject to
unpredictable, inconsistent, and broad variations in actual practice.
Defendants rarely received legal counsel at public expense.
Political Prisoners and Detainees.--In August 2010 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.). In April the Court of First
Instance acquitted Salimou and all but four of the 30 persons arrested
with him of the charge of rebellion without pronouncing on the charge
of murder. The four were sentenced to one year in prison; three have
been held in solitary confinement. The investigation into the charge of
killing Combo continued, and Salimou remained under house arrest, with
no date set for his trial by year's end.
Civil Judicial Procedures and Remedies.--There is an independent
but not impartial judiciary for civil matters. Officers of formal
courts frequently asked for payment from parties before the court in
the course of exercising their functions. Administrative remedies were
rarely available, although citizens with influence had access to such
alternatives. Court orders were inconsistently enforced.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The constitution and law prohibit such actions, and
the government generally respected these prohibitions in practice.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--Status of Freedom of Speech and
Press.--The constitution and law provide for freedom of speech and
press.
Freedom of Press: The union government partially limited press
freedom by publicly criticizing journalists who wrote controversial
articles, and journalists on all three islands practiced self-
censorship. According to the Comoran Federation of Human Rights, in
March the outgoing administration of President Mohamed Sambi pressured
the state-run newspaper Al Watan and the independent newspaper Al Balad
to suspend their editor in chief and director, respectively, for
articles critical of the long transition period and delays in
inaugurating President Ikililou.
Internet Freedom.--There were no government restrictions on access
to the Internet or reports the government monitored e-mail or Internet
chat rooms. Individuals and groups could engage in the expression of
views via the Internet, including by e-mail.
Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.
b. Freedom of Peaceful Assembly and Association.--The constitution
and law provide for freedom of assembly and association, and the
government generally respected these rights in practice.
c. Freedom of Religion.--See the Department of State's
International Religious Freedom Report at http://state.gov/j/drl/irf/
rpt/.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution and law provide for
freedom of movement within the country and foreign travel, and the
government generally respected these rights in practice. No specific
constitutional or legal provisions deal with emigration and
repatriation.
The government cooperated with the Office of the U.N. High
Commissioner for Refugees and other humanitarian organizations in
providing protection to internally displaced persons, refugees,
returning refugees, asylum seekers, stateless persons, and other
persons of concern.
Protection 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. 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 government presidency in which every four years
each island takes a turn at holding a primary for three presidential
candidates. The constitution thus restricts, by island, those eligible
to run for the presidency. However, aside from the rotation principle,
anyone is free to run for election.
Recent Elections.--In November and December 2010, elections were
held to choose a new union government president, as well as governors
for each of the three islands. The turn passed to Moheli. From the
original 10 candidates (all natives of Moheli), Mohelian voters
selected three to run in the national election. Although some observers
noted serious irregularities on the island of Anjouan in the national
election, these were not sufficient to change the outcome, and the
constitutional court upheld the final election results. Former vice
president Ikililou Dhoinine became the union president in May.
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.
Participation of Women and Minorities: There was one woman in the
33-member National Assembly and three women in the 10-member cabinet.
No minorities held National Assembly seats or ministerial posts in the
union or island governments.
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 with impunity in corrupt practices, such as
taking money for performing routine administrative services or doing
favors. Resident diplomatic, U.N., and humanitarian agency workers
reported petty corruption was commonplace at all levels of the civil
service despite the government's anticorruption campaign. Businessmen
reported corruption and a lack of transparency, and the World Bank
indicators reflected that corruption was a significant problem.
Corruption continued in the security forces. Citizens paid bribes
to evade customs regulations, avoid arrest, and have police reports
falsified. Some police personnel paid bribes to receive promotions.
The union Ministry of Justice is responsible for combating
corruption. However, although public allegations of corruption were
routine, the government did not charge, prosecute, or discipline
officials.
Officials are subject to financial disclosure laws as of June 21.
Presidential decree No. 11-103/PR implementing a 2008 Law on
Transparency of Political, Economic, Financial and Social Activities
requires all officials at union and island levels to declare their
assets prior to entering office. Officials subject to the law submitted
written declarations on taking office.
No laws provide 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 human rights organization and some international
nongovernmental organizations (NGOs) generally operated without
government restriction, investigating and publishing their findings on
human rights cases. Domestic NGOs largely supplanted government
ministries in the provision of some functions, especially in health and
education. Government officials were generally cooperative and
responsive to their views.
The government cooperated with international organizations and
permitted visits by representatives of the U.N. and other
organizations. No outside visits were made during the year, but
domestic human rights and other nongovernmental organizations used
locally based U.N. personnel as a means of influencing the government.
No reports or criticisms were issued.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
Although the law prohibits discrimination based on race, gender,
disability, language, or social status, there were reports of
discrimination against women and persons with disabilities.
Women.--Rape and Domestic Violence.--Rape is illegal and punishable
by imprisonment of five to 10 years or up to 15 years if the victim is
younger than age 15. However, the government did not enforce the laws
on rape effectively. The law does not specifically address spousal
rape, which occurred. Statistics were scarce, since many of these
situations were settled within families or by village elders without
recourse to the formal court system. Authorities believed the problem
was widespread, as was overall sexual violence. For example,
allegations of crimes of sexual aggression accounted for about half of
all persons detained.
The law prohibits domestic violence. No reliable data were
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, entered the formal court system.
Sexual Harassment.--al 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.
Sex Tourism.--The Comoros is a source country for men and women
subjected to sex trafficking. There are reports that foreign tourists
frequented establishments where such trafficking occurred.
Reproductive Rights.--Couples and individuals are generally free to
choose the number and spacing of their children, and to have the
information and means to do so free from discrimination, coercion, and
violence. Modern contraceptive use among married women and girls ages
15-49 was approximately 19 percent, according to the U.N. Population
Fund (UNFPA). Existing health resources (including personnel,
facilities, equipment, and drugs) were 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. The UNFPA estimated
maternal mortality in 2008 to be 340 deaths per 100,000 live births. A
general lack of adolescent reproductive health information and services
led to unwanted pregnancies and increased morbidity and mortality among
adolescent girls. These incidents were generally concealed for social
and cultural reasons. There are no legal barriers preventing women from
receiving treatment for sexually transmitted infections, but many
hesitated to do so due to social and cultural concerns.
Discrimination.--The law provides for equality of persons, and in
general, inheritance and property rights practices do not discriminate
against women. The local cultures on Grande Comore and Moheli are
traditionally matrilineal, and all inheritable property is the
possession of women. This cultural practice leads at times to what
might be seen as discrimination against men in the inheritance of homes
and land. Men retain the head-of-household role in society. Throughout
the country, including on Anjouan, 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 with those of
men engaged in similar work; however, few women held positions of
responsibility in business. The Ministry of Health, Solidarity, and
Gender Promotion is responsible for promoting women's rights.
Children.--Birth Registration.--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. An estimated 15 percent of
children were not officially registered at birth, although many of
these situations were regularized subsequently. No public services were
withheld from children who were not officially registered.
Education.--Universal education is compulsory until the age of 12,
but not tuition-free. The public education system was in severe
disrepair; private schools, including madrassas, took up some of the
slack. When families paid private school tuition, boys generally were
more likely to attend schools than girls.
Child Abuse.--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. Although
there were no official statistics on child abuse, it was common and
often occurred when impoverished families sent their children to work
for wealthier families. The practice was most prevalent on Anjouan,
where children were sent to the French department of Mayotte, where the
population is ethnically related to that of Anjouan. There were also
scattered reports of teachers raping students in some schools.
Traditional societal networks rather than formal law enforcement
investigations generally handled these cases.
Sexual Exploitation of Children.--Child prostitution and child
pornography are illegal. The law considers unmarried children under age
18 to be minors, and they are protected legally from sexual
exploitation, prostitution, and pornography. The age of consent is 13.
Anyone convicted of luring a child into prostitution is subject to a
prison term of two to five years and a fine of 150,000 to one million
Comoran francs ($417 to $2,778). There were no official statistics
regarding these matters. There was evidence that children sent to work
within the country or to Mayotte by family members, or enrolled in
madrassas were sometimes subject to sexual abuse. The country was a
source for children subjected to sex trafficking. Girls were exploited
in prostitution on all three islands in rented houses, nightclubs, and
hotels, often with the knowledge of their families or after being
coerced by other young girls. There were reports that foreign tourists
frequented these establishments.
International Child Abductions.--The country is not a party to the
1980 Hague Convention on the Civil Aspects of International Child
Abduction.
Anti-Semitism.--There was no known Jewish population, and there
were no reports of anti-Semitic acts.
Trafficking in Persons.--For information on trafficking in persons,
see the Department of State's Trafficking in Persons Report at http://
state.gov/j/tip.
Persons With Disabilities.--The constitution and laws do not
mandate access to buildings, information, and communication for persons
with disabilities.
Handicap Comores, the country's nongovernmental center for persons
with disabilities on Grande Comore, was run by a local NGO called
Shiwe, 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.--Consensual same-sex sexual
activity is illegal and can be punished by up to five years'
imprisonment and a fine of 50,000 to one million Comoran francs ($139
to $2,778). During the year, however, no case of this nature came
before the courts. Lesbian, gay, bisexual, and transgender (LGBT)
persons generally did not publicly discuss their sexual orientation,
due to societal pressure. There were no LGBT organizations.
Other Societal Violence or Discrimination.--There were no reports
of societal violence or discrimination against persons with HIV/AIDS.
Section 7. Worker Rights
a. Freedom of Association and the Right to Collective Bargaining.--
The law allows workers to form and join independent unions of their
choice without previous authorization or excessive requirements. It
provides for the right to strike, requiring an eight-day notification
period and specification of the reason for and duration of the strike.
The law includes a system for resolving labor disputes. Unions have the
right to bargain collectively. The government, especially the
ministries of finance and labor, sets wages in the large public sector,
and imposes a minimum wage in the small private sector. The law allows
unions to conduct their activities without government interference. The
law does not prohibit antiunion discrimination by employers in hiring
practices or other employment functions. There are no laws protecting
strikers from retribution.
The law was not applied in the settlement of private-sector
disputes, but was invoked unpredictably and inconsistently in labor
disputes in the public sector. Worker organizations were independent of
the government and political parties.
Workers exercised these rights in practice. There were no reports
of instances of retribution against strikers. 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. There were no incidents of antiunion discrimination during the
year.
b. 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 government's civil protection unit may
oblige persons to respond to disasters if it is unable to obtain
sufficient voluntary assistance. There are no specific prohibitions
against forced or compulsory child labor. The law was not applied
during the year.
Forced child labor occurred in practice, particularly in
agriculture (planting, weeding, harvesting), fishing, informal retail
(selling goods on the street), and domestic service.
Also see the Department of State's Trafficking in Persons Report at
http://state.gov/j/tip.
c. Prohibition of Child Labor and Minimum Age for Employment.--Laws
exist to protect children from exploitation in the workplace. The law
establishes 15 as the minimum age for employment.
The government did not enforce such laws. The Ministry of Labor is
responsible for enforcing child labor laws, but it did not actively or
effectively do so. There were three labor inspectors (one for each
island). These inspectors were responsible for all potential violations
of labor law and did not focus only on child labor cases.
Children worked in subsistence farming, fishing, in the informal
sector selling goods along roadsides, and extracting and selling marine
sand. Children worked on food crops such as manioc and beans, and 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 indigent
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.
Also see the Department of Labor's Findings on the Worst Forms of
Child Labor at http://dol.gov/ilab/programs/ocft/tda.htm.
d. Acceptable Conditions of Work.--The official estimate for the
poverty income level is 250,000 Comoran francs ($700) per year.
Although the union government and local governments did not enforce
the minimum wage law and workweek standards, unions had adequate
influence to negotiate de facto 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 de facto minimum wage via their ability to strike against
employers.
Some employers, particularly the government, were consistently
remiss in paying salaries. Despite some strikes and other protests, the
union government was unable regularly to pay government employees--
including low-level officials, teachers, and medical workers--with
arrears building up over years; most public sector employees did not
receive more than one third of their expected pay in any given year.
No safety or health standards exist for worksites.
__________
DEMOCRATIC REPUBLIC OF THE CONGO
executive summary
The Democratic Republic of the Congo (DRC) is a nominally
centralized, constitutional republic. The president and the lower house
of parliament (National Assembly) are popularly elected. Provincial
assemblies choose the members of the upper house (Senate). On November
28, the country held multiparty presidential and National Assembly
elections, which many local and international observers judged lacked
credibility and were seriously flawed. State security forces (SSF)
acted independently of civilian control and of military command in many
instances.
The three most important human rights issues were: conflict and
insecurity in the East that exacerbated an already precarious human
rights situation, particularly sexual- and gender-based violence
(SGBV); insecurity during the election period; and the lack of an
independent and effective judiciary.
Other major human rights problems included the following: impunity
enjoyed by SSF throughout the country for many serious abuses,
including unlawful killings, disappearances, torture, rape, and
arbitrary arrests and detention; severe and life-threatening conditions
in prison and detention facilities; prolonged pretrial detention;
arbitrary interference with privacy, family, and home; SSF members'
abuse and threatening of journalists and human rights advocates, and
threatening and obstructing the work of U.N. investigators; abuse of
internally displaced persons (IDPs) by SSF and rebel and militia groups
(RMG); widespread official corruption; SSF and RMG retention and
recruitment of child soldiers; and use of forced civilian labor.
Societal discrimination against and abuse of women and children,
Pygmies, persons with albinism, and homosexual persons; trafficking in
persons; child labor; and lack of protection of workers' rights were
also problems.
Impunity for human rights abuses was a severe problem in both the
security services and elsewhere in the government. Authorities did not
prosecute or punish the great majority of abusers.
Internal conflicts, particularly in North Kivu, South Kivu, and
Orientale provinces, permitted RMG to commit violent abuses against
civilians. These abuses--some of which may constitute war crimes--
included unlawful killings, disappearances, torture, and SGBV. RMG also
recruited, abducted, and retained child soldiers and compelled forced
labor. RMG and some army units engaged in the illegal exploitation and
trade of natural resources in the East. In a separate conflict in the
Haut Uele and Bas Uele districts of Orientale Province, the Lord's
Resistance Army (LRA) continued to commit serious human rights
violations through attacks resulting in deaths, injuries, abductions,
forced labor, looting, and general insecurity.
Section 1. Respect for the Integrity of the Person, Including Freedom
from:
a. Arbitrary or Unlawful Deprivation of Life.--There were several
occasions during the year when SSF members arbitrarily and summarily
killed civilians, sometimes during apprehension or while holding them
in custody, sometimes during protests, and often when victims did not
surrender their possessions, submit to rape, or perform personal
services. For example, Human Rights Watch (HRW) reported that SSF
killed 24 individuals, including both bystanders and members of the
opposition, in elections-related violence between December 9 and 14. Of
these incidents, 20 took place in Kinshasa, two in North Kivu, and two
in Kasai Occidental.
The Armed Forces of the DRC (FARDC), including dissident elements
that had been poorly integrated into the FARDC, such as former members
of the National Congress for the Defense of the People (CNDP) militia
led by General Bosco Ntaganda (who remained the subject of an
outstanding International Criminal Court (ICC) arrest warrant ), were
allegedly implicated in politically motivated killings, arbitrary
arrests, temporary detentions, and the abduction and disappearance of a
number of individuals.
The trial of those accused of the 2010 killing of long-time human
rights activist Floribert Chebeya concluded in June. A court sentenced
four national police (PNC) officers to death and one to life in prison,
and acquitted three. The civil party representing the families of the
deceased claimed only ``partial satisfaction'' with the verdict and
filed an appeal calling for former PNC Inspector General John Numbi to
be tried. Several rule of law experts in the country and almost 80
local and international human rights nongovernmental organizations
(NGOs) also expressed serious concerns about the credibility and
independence of the investigation and trial. Numbi was suspended from
his position in June 2010 pending an investigation, but authorities did
not charge him or put him on trial.
RMG in conflict zones committed unlawful killings during the year,
and there were reports that some businesses facilitated such killings
and other abuses by sourcing minerals from areas controlled by RMG and
FARDC units (see section 1.g.).
b. Disappearance.--There were reports of disappearances
attributable to SSF, including reports of disappearances of members of
opposition political parties (see section 2.b.). Authorities often
refused to acknowledge the detention of suspects and in some cases
detained suspects in secret detention facilities. Local and
international human rights organizations alleged SSF abducted
individuals during the electoral period and detained individuals in
secret nontraditional prisons (military camps and private offices and
residences).
For example, on November 4, former CNDP members of the FARDC
allegedly kidnapped and beat a popular musician after he performed
songs in support of opposition candidates. They released him on
November 6 after community demonstrations. On November 9, he spoke at a
press conference in support of President Kabila, reportedly under
intense pressure.
There were no developments in the 2010 case involving Sylvestre
Bwira, president of the Civil Society of Masisi, North Kivu. FARDC
units comprised of ex-CNDP members held and severely beat him; he was
later released. The abuses occurred after he had sent an open letter to
President Kabila in August 2010 denouncing abuses committed with
impunity by General Ntaganda's troops and the parallel CNDP
administration in Masisi Territory. By year's end authorities had taken
no action to bring those responsible to justice.
RMG and FARDC units kidnapped numerous persons, generally for
forced labor, military service, or sexual services, and there were
reports that commercial sourcing of minerals from areas controlled by
these entities may have facilitated such kidnappings and other abuses.
Many of the victims disappeared (see section 1.g.).
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--In July the president promulgated a law criminalizing
torture. However, the government did not effectively enforce the law,
and there were many reports from the U.N. Joint Human Rights Office
(UNJHRO) and other human rights organizations that SSF tortured
civilians, particularly detainees and prisoners, and employed other
types of cruel, inhuman, and degrading punishment. Members of the
police, the National Intelligence Agency (ANR), and the FARDC
perpetrated most cases of torture. There were very few reports of
government authorities taking action against persons responsible for
these acts.
The UNJHRO reported several cases of torture. For example, on
October 3, in the Tshikapa Territory of Kasai Occidental, 15 police
officers without a warrant reportedly arrested a young pregnant woman.
During the arrest, they stripped her naked and punched and kicked her
before sending her to their commander, who placed her in jail. While
detained, the police shaved her head, armpits, and pubic area. They
released her on October 6, after she miscarried. No known investigation
took place, although the U.N. informed the military garrison in
Tshikapa.
Authorities took no further action in the August 2010 case in which
FARDC soldiers arrested five persons, including two minors, suspected
of involvement in an attack on a United Nations Organization
Stabilization Mission in the Democratic Republic of the Congo (MONUSCO)
peacekeeping base in North Kivu that killed three peacekeepers. During
their detention at the headquarters of the 12th FARDC Sector in
Kasando, Lubero Territory, soldiers allegedly tortured the individuals,
giving them between 40 and 120 lashes each and burning and mutilating
their feet and hands to obtain confessions. The five were transferred
to the Goma military court.
On several occasions during the year, SSF utilized cruel, inhuman,
or degrading methods to exact punishment. For example, on September 24,
members of the Republican Guards (RG) arrested and beat three civilians
in Goma after their vehicle was involved in a traffic accident that
damaged a military vehicle. (The RG guards the president and has no
authority to arrest or detain civilians.) The soldiers allegedly beat
the victims, stole their property, and detained the individuals in
solitary confinement while continuing to beat them. One victim filed a
complaint with the local military prosecutor.
In addition, on several occasions during the year, police beat and
arrested journalists who wrote or broadcast material they did not like
(see section 2.a.).
Some church leaders also beat, whipped, and starved children
accused of witchcraft (see section 6).
There were continuing reports, including many from UNJHRO, of
members of the SSF raping civilians, both in the conflict zone in the
East (see section 1.g.) and elsewhere. For example, on November 17, two
girls were allegedly raped by two soldiers of the 2nd Company of the
Special FARDC Regiment in Isiro, Haut-Uele District. Intelligence
services of Operation Rudia II opened an investigation, but no
additional information was available at year's end.
No additional information was available regarding the rape in March
2010 by four policemen from Kampungu police station in Mweka Territory
of the daughter of a man they sought in Kasai Occidental.
Prison and Detention Center Conditions.--Conditions in most prisons
remained severe and life threatening. The penal system was underfunded,
and most prisons were understaffed, undersupplied, overcrowded, and
poorly maintained. Serious threats to life and health were widespread
and included: violence, particularly rape; food shortages; lack of
access to potable water; and inadequate sanitation, ventilation,
temperature, lighting, and medical care. Death from starvation or
disease was common. Men and women, juveniles and adults, and pretrial
detainees and convicted prisoners were often held together. Escapes
were common.
According to the Joint Prison Coordination (which includes the
Ministry of Justice, the Ministry of Defense, and MONUSCO), in 2010 the
number of those in pretrial detention exceeded 18,000, including an
estimated 500 women. The reported total number of sentenced prisoners
did not exceed 4,000, including approximately 100 women. These figures
represent several times the number of persons the system was designed
to hold.
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 RG,
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 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. No meaningful steps were
taken to improve recordkeeping or to use alternatives to sentencing for
nonviolent offenders. In general, the conditions of women prisoners
were no worse than those for men.
On most occasions, 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 RG, and units of FARDC, including
ex-CNDP FARDC units in Masisi Territory, North Kivu.
RMG sometimes detained civilians, often for ransom, but little
information was available concerning the conditions of detention (see
section 1.g.).
d. Arbitrary Arrest or Detention.--The law prohibits arbitrary
arrest or detention; however, SSF arbitrarily arrested and detained
persons on a routine basis.
Role of the Police and Security Apparatus.--The PNC is part of the
SFF, which operates under the Ministry of Interior and has primary
responsibility for law enforcement and public order, including during
the electoral period. 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 Direction Generale de Migration (DGM),
responsible for border control; the RG; and the FARDC, which is part of
the Ministry of Defense and is generally responsible for external
security, but also fulfills an internal security role.
The SSF generally were undisciplined, corrupt, undertrained, and
grossly underfunded. Salaries were often late or unpaid, although the
initiative of the European Union Mission for Security Sector Reform in
the DRC (EUSEC), which provided biometric identification cards to
soldiers to facilitate disbursement of pay and census of soldiers,
resulted in some progress (see section 4).
There were mechanisms available to investigate abuses by SSF 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 and FARDC. For example,
see section 1.a. for a discussion of the Chebeya case. In February a
military tribunal sentenced 10 FARDC officers to 10-20 years in prison
for a mass rape committed in Fizi on January 1 that victimized at least
35 women. Lieutenant Colonel Kibibi Mutware, a former CNDP rebel
integrated and promoted within the FARDC and the main defendant,
received a 20-year sentence.
The government adopted a police reform law in August that replaced
the Inspection Generale d'Audit by the Commissariat General de la
Police (CG). The CG is the internal discipline unit within the PNC that
investigates corruption and other misconduct and human rights
violations perpetrated by police force members. The CG unit was trained
and deployed countrywide to investigate police conduct during the
electoral process.
The FARDC was ineffective, due in part to weak command and control,
poor operational planning, low administrative and logistical capacity,
lack of training, and questionable loyalty of some of its soldiers,
particularly those in eastern Congo. Other serious obstacles to the
formation of a coherent national army included lack of equipment and
barracks. Poor integration of former militias, particularly the CNDP,
remained a significant problem. During the year the government
implemented a policy of reorganizing the FARDC into regiments in an
attempt to disperse former RMG members throughout the military, but
this had mixed results as the process was poorly planned and executed.
Most ex-CNDP resisted the reorganization and refused to leave their
original area of operation. The process resulted in 24 new regiments.
These units were of low quality, and most were under the control of a
parallel command structure run by former CNDP officers. The
reorganization also contributed to a temporary increase in instability
in North Kivu and South Kivu as RMG occupied the void left by FARDC
units when the latter deployed to training centers prior to
reorganizing.
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 food and money. According to UNJHRO there
was a direct correlation between the amount of salaries siphoned off by
corrupt officers and the level of human rights abuses committed by
FARDC, the RG, the PNC, the DGM, and the ANR. Abuses by FARDC soldiers
were dramatically reduced in areas where they were properly paid and
fed.
Impunity in the SSF remained a severe, widespread problem, and the
weaknesses of the justice system continued to play a large role in
causing it (see section 1.e.). The government rarely prosecuted and
disciplined security force personnel for abusing civilians. Military
justice institutions continued to face challenges, including a severe
shortage of military judges and prosecutors. Magistrates, prosecutors,
and investigators were poorly trained, had little or no resources for
investigations, and had limited 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 were inadequate. Magistrates who attempted to
investigate politically connected high-level FARDC officers were
threatened, as were witnesses providing information to judicial
officers as, for example, occurred in the investigation into the
Walikale and Bushani mass rapes by the Military Prosecutor's Office in
North Kivu.
Some Congolese military prosecutors participated in joint
investigation teams (JITs), a U.N. initiative launched during the year
that focused on investigating SGBV in the East. JITs, which consisted
of UNJHRO officers and Congolese military prosecutors and
investigators, received complaints 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 field 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.
The government maintained human rights follow-up committees with
MONUSCO in several provinces. Depending on the provinces, they were
composed of military and police officers, judicial authorities,
military prosecutors, MONUSCO human rights officers, and MONUSCO child
protection officers. Committees met regularly to monitor, investigate,
and develop strategies to combat 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 nonfelony
offenses, such as debt and civil offenses. Authorities must allow
arrested individuals to contact their families and consult with
attorneys. In practice, security officials routinely violated all of
these requirements. 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 RG, and refused to acknowledge their
detention.
Arbitrary Arrest.--Security personnel arrested and detained without
charge perceived opponents and critics of the government, sometimes
under the pretext of state security, and 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.).
Pretrial Detention.--Prolonged pretrial detention, often ranging
from months to years, remained a problem. In March 2010 U.N. Secretary-
General Ban Ki-moon reported that at least 70 percent of inmates were
pretrial detainees. In July 2010 Bandundu civil society leaders
reported that inmates at Bulungu prison on average spent two to three
years in detention before their cases came to trial. No substantial
improvement in the situation occurred during the year. 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,
inadequate records, judicial inefficiency, or corruption.
e. Denial of Fair Public Trial.--While the law provides for an
independent judiciary, in practice the judiciary was inefficient,
corrupt, and subject to influence. Judges were poorly compensated and
subject to influence and coercion by officials and other influential
individuals. Authorities routinely did not respect court orders.
Trial Procedures.--The constitution provides for a presumption of
innocence. However, in practice most defendants were assumed guilty and
had to prove their innocence. Rarely did the prosecution have the
burden of proving its case. Although the government permitted, and in
some cases provided, legal counsel, lawyers often did not have free
access to their clients. 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 occasionally
disregarded. Defendants have the right to appeal in most cases, except
those involving national security, armed robbery, and smuggling, which
the Court of State Security generally adjudicates. Defendants have the
right to confront and question witnesses against them and can present
evidence and witnesses in their own defense. The law requires that
defendants have access to government-held evidence, but this right was
irregularly observed in practice.
Political Prisoners and Detainees.--There were reports of political
prisoners and detainees. Voix des Sans-Voix, a Congolese NGO, reported
211 political detainees, which represents an increase from the 142
reported in 2010. While the government permitted access to some of
these prisoners by international human rights organizations and
MONUSCO, authorities consistently denied access to detention facilities
run by the RG and the ANR (see section 1.c.).
Civil Judicial Procedures and Remedies.--Civil courts exist for
lawsuits and other disputes, and individuals can seek civil remedies
for human rights violations within this court system. However, the
public widely viewed civil courts as corrupt and believed outcomes were
determined by the relative financial means of the parties to the
lawsuit. There was little available evidence that individuals used
civil courts to address human rights violations.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--Although the law prohibits arbitrary interference with
privacy, family, home, or correspondence, SSF routinely ignored these
provisions. Soldiers, demobilized soldiers, deserters, and police
harassed and robbed civilians. SSF 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.
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 Province, and to a lesser degree, the Ituri
District of Orientale.
Foreign RMG, including Forces Democratiques de Liberation du Rwanda
(FDLR), LRA, and some Congolese Mai-Mai (local militia) groups
increasingly formed coalitions during the year and continued to battle
government forces and attack civilian populations. Military
preparations, and the fighting itself, led to further depredations
against civilians by members of SSF and RMG. This continuation of
fighting in the East, which impeded humanitarian aid in some areas,
kept the figure of IDPs at approximately 1.7 million at the end of the
year, exacerbating an already severe humanitarian crisis.
MONUSCO 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 June the U.N. Security Council extended MONUSCO's mandate for
12 months, adding election logistical and technical assistance to its
mandate. At year's end, MONUSCO included approximately 19,000
peacekeepers, military observers, and police.
Killings, Physical Abuse, Punishment, and Torture.--According to
reports by U.N. agencies and NGOs, SSF arrested, illegally detained,
raped, tortured, and summarily executed or otherwise killed civilians
and looted villages during military actions against RMG. Impunity
remained a severe problem, and several individuals in the SSF continued
to hold high positions despite credible evidence of their direct
involvement in serious human rights abuses or failing to hold
subordinates accountable for such 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 East.
According to the U.N. Group of Experts (UNGOE), some ex-CNDP elements
collaborated with RMG who were officially their enemies.
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. SSF
in the East forced men, women, and children, including IDPs, to serve
as porters, miners, and domestic laborers.
RMG committed numerous serious abuses, especially in rural areas of
North Kivu, South Kivu, and Orientale, killing, raping, and torturing
civilians, often as retribution for alleged collaboration with
government forces. RMG maintained and recruited child soldiers,
including by force, sometimes from schools and churches, and sometimes
killed, threatened, and harassed humanitarian workers. RMG abducted
men, women, and children and compelled them to transport looted goods
for long distances without pay. They forced adult and child civilians
and child soldiers to mine, and forced men, women, and children to
provide household labor or sexual services for periods as long as
several months. In parts of the East, RMG looted, extorted, and
illegally taxed and detained civilians, often for ransom.
For example, UNJHRO reported that during the night of December 31,
2010-January 1, 2011, FARDC soldiers (probably ex-CNDP) raped at least
46 women and one girl in the villages of Bushani and Kalambahiro in
Masisi territory, North Kivu. They also abducted two civilians and
inflicted cruel, inhuman, or degrading treatment on 12 others. They
looted at least 100 houses and three buildings and set on fire or
destroyed at least four houses. While the military prosecutor attempted
an investigation, FARDC commanders in the area refused to cooperate,
and by year's end no one had been arrested for the crimes.
According to MONUSCO, that same night in the town of Fizi, South
Kivu, FARDC Colonel Kibibi and his men raped at least 35 women in
retaliation for the killing of a FARDC soldier by civilians. As
discussed in section 1.d., authorities arrested Lieutenant Colonel
Kibibi and10 of his men and tried them for the rapes. The military
tribunal sentenced Kibibi and three other officers to 20 years in
prison, two soldiers to 15 years, and three soldiers to 10 years in
prison for human rights violations, including mass rapes. In addition,
one soldier was acquitted while a minor who was among the accused was
transferred to a juvenile court. At year's end, Kibibi was reportedly
serving his sentence.
According to the UNJHRO, during clashes in June between the RMGs
Alliance des Patriotes pour un Congo Libre et Souverain (APCLS) and Mai
Mai Cheka near Mutongo village in Walikale Territory, North Kivu, 85
individuals including 10 minors and one man were raped and 11 persons
were subjected to other cruel, inhuman and degrading treatment. At
least 20 villages in the area were looted. APCLS combatants allegedly
perpetrated the majority of these abuses. Indirect sources also alleged
35 other women were raped during the clashes, but the UNJHRO could not
directly interview the alleged victims. Its investigation continued at
year's end.
Ugandan RMG ADF/NALU operated in North Kivu, committing terrorist
attacks against the civilian population. In April it ambushed and
killed 10 FARDC soldiers in Beni territory of North Kivu. In October a
coalition of forces from the RMGs FDLR, National Liberation Front (FNL,
a Burundian RMG operating in DRC) and Mai Mai Yakutumba operating in
South Kivu killed at least five persons working for a local NGO. During
the year the Front for Patriotic Resistance in Ituri (FRPI) attacked
civilian populations in Orientale Province, including an attack on
October 20 that killed a young woman and displaced 30,000 persons.
On December 7, the trial of eight individuals accused of organizing
the 2010 Walikale mass rapes began. In July and August 2010 a coalition
of the FDLR, Mai-Mai Cheka, Patriotic Forces for the Liberation of
Congo (FPLC), and combatants led by Colonel Emmanuel Nsengiyumva, a
former member of the CNDP and FARDC, allegedly raped 303 women,
children, and men in 13 villages in Walikale, North Kivu. The
perpetrators also looted more than 1,000 homes and abducted 116
civilians, whom they subjected to forced labor. According to the U.N.,
one of the villages attacked, Luvungi, where more than 100 persons were
raped, was a lucrative target because it was a mining hub located only
four miles from gold mines. As of the end of the year, one of the eight
individuals charged with the rapes had been arrested and another had
died. The trial was scheduled to relocate to Walikale Territory and
reconvene in 2012.
During the year men were raped as part of the violence between RMG
and FARDC. Male rape cases may have numbered in the hundreds, but
statistics for male rape were even more difficult to compile than those
for female rape.
Child Soldiers.--The recruitment and use of children in North Kivu,
South Kivu, and Orientale provinces by RMG and FARDC (particularly
within the poorly integrated elements, including ex-CNDP), continued.
The government took some steps to reduce the use of child soldiers
(e.g., awareness campaigns for Congolese Army personnel and
partnerships with international organizations on training materials).
In addition, some FARDC commanders made an effort to remove child
soldiers and turn them over to MONUSCO, UNICEF, or other humanitarian
organizations. However, the integration of former RMG, including CNDP,
into the FARDC continued to be a major hindrance to reducing the number
of child soldiers. That process continued to be plagued by separate
command structures within FARDC that did not respond to FARDC
directives, including a specific prohibition against the use of child
soldiers.
Various U.N. agencies and offices present in the country and the
Congolese Ministry of Foreign Affairs created the Resolution 1612
Country Task Force in 2006. MONUSCO and UNICEF are the cochairs of the
task force, which pursues advocacy to encourage the government to
commit to, negotiate, and implement an action plan to end the
recruitment and use of children by the FARDC. The Ministry of Justice
and Human Rights and the Ministry of Defense created a Joint Committee
to work on the action plan, but by year's end, the government had not
finalized or adopted the action plan.
Other Conflict-related Abuses.--Fighting between FARDC and RMG
continued to displace populations and limit humanitarian access to
conflict areas. According to the U.N. Office for the Coordination of
Humanitarian Affairs (OCHA), between January and September there were
116 attacks on humanitarian agency personnel, compared to 105 attacks
in the first six months of 2010. These two years represent a
significant increase over 2009 (84 attacks in 10 months) and 2008 (36
attacks in 10 months).
In North Kivu and South Kivu RMG and criminal elements of the FARDC
continued to illegally exploit and trade natural resources for revenue
and power. Clandestine trade in minerals and other natural resources
facilitated the purchase of small arms to commit abuses and reduced
government revenues needed for increasing security and rebuilding the
country. The natural resources most used to generate direct and
indirect financing for armed actors and conflict were the minerals
cassiterite (tin ore), coltan (tantalum ore), wolframite (tungsten ore)
and gold, followed by timber, charcoal, and fish.
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 2010 drove RMG out of many of the
principal mining areas in the Kivus, RMG continued to control many of
the more remote mining deposits, increasingly pillaged mineral traders
and transporters, and employed intermediaries to purchase minerals at
mines they could no longer access. Further, the FARDC regimentation
process allowed RMG, especially the FDLR, to regain territory they had
lost in the past. Ex-CNDP FARDC elements remained loyal to and in some
cases shared mining profits with General Ntaganda as they continued to
control large areas rich in natural resources in North Kivu and South
Kivu, 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 RMG from engaging
in mining. However, the government did not effectively enforce the law.
Criminal involvement by FARDC units and RMG included protection rackets
(such as protection fees paid by mining pit managers to avoid pillage
or to facilitate smuggling), 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 RMG routinely extorted illegal taxes from civilians and
at times forced civilians to work for them or relinquish their mineral
production.
In March President Kabila lifted the six-month suspension on mining
in three eastern provinces that began in September 2010. Reviews of the
ban's effectiveness were mixed. Following the suspension, the
military's control of some mining areas expanded, and some FARDC
elements increased their use of forced labor in the mines due to lower
sale prices on the clandestine market.
The UNGOE reported that several RMG and units of SSF profited from
illegal trade and exploitation in the mineral sector. Allied Democratic
Forces profited from illegal exploitation of timber and gold. The FDLR
ran protection tax rackets in mining areas in Walikale through which it
financed both weapons purchases and commercial enterprises. The FDLR's
revenue from exploitation of cassiterite and coltan decreased, but
these minerals were still a source of income. The FDLR also illegally
grew and traded cannabis to finance its operations. The FNL trafficked
in gold and timber in South Kivu. Mai Mai Yakutumba trafficked gold in
South Kivu and imposed taxes on copper miners in the town of Yungu. Mai
Mai Cheka continued to control certain cassiterite mines in Bisie, gold
mines elsewhere in North Kivu, and diamond mines as well. The APCLS
imposed illegal taxes on miners in Walikale. Mai Mai Simba exploited
and taxed the exploitation of gold, diamond, and cassiterite deposits,
and smuggled ivory, in Maiko Park in Maniema and Orientale provinces.
Mai Mai Muhamba smuggled ivory and coffee in North Kivu. In addition,
elements of the FARDC exerted control over mining operations throughout
the eastern DRC.
The UNGOE reported that four eastern DRC mineral trading counters--
ITT Mining, Huaying Trading Company, Donson, and Etablissement Namukaya
--purchased minerals without exercising due diligence to ensure they
were conflict-free. According to the UNGOE, the main onward purchasers
from ITT, Huaying, and Donson were the investment companies Tolead,
Unilink Trading, and Chengjian Tower. A Tanzanian company called Safaa
Mining SPRL also purchased copper from an RMG.
There were credible reports that the following armed groups
perpetrated serious human rights abuses in DRC during the year: ADF/
NALU, APCLS, FDLR, FNL, LRA, Mai Mai Cheka, Mai Mai Yakutumba, and
FRPI.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The law provides for freedom of
speech and press. While the law potentially inhibits these freedoms
through its prohibition on insulting the head of state, there were no
known instances of the prohibition being invoked. In practice the
government restricted individuals' freedom of speech, and freedom of
the press declined during the year, particularly during the election
period. Generally, individuals could privately criticize the
government, its officials, and other private citizens without being
subject to official reprisals. However, the government intimidated
journalists and publishers into practicing self-censorship. Public
criticism of government officials and government conduct or decisions
regarding issues such as conflict and insurgencies, management of
natural resources, and corruption, sometimes resulted in harsh
responses, often from the ANR, the intelligence service under the
president's control.
Status of Freedom of Speech and Press.--The Haute Autorite des
Medias, a quasigovernmental organization mandated by the earlier
transitional constitution, has the power to suspend broadcast stations
for hate speech or calls for ethnic violence. In January a new
regulatory law took effect, establishing the Conseil Superieur de
l'Audiovisuel et de la Communication (CSAC), and in August the
president appointed its 15 members, who assumed their posts in
September. The CSAC is mandated to guarantee freedom and protection of
the press as well as ensure equal access for political parties,
associations, and citizens to official means of communication and
information. Journalists in Danger (JED), a Kinshasa-based journalist
advocacy group, accused the president of appointing nonqualified
members to manipulate the CSAC.
In September, journalists and political parties signed a CSAC code
of conduct prohibiting hate speech and ensuring open access to media
during elections. In practice, however, CSAC lacked the capacity to
monitor adequately all of the newspapers and television and radio
stations operating across the country.
The CSAC required hour-long debate programs to be broadcast for
each of the 11 presidential candidates, in which they or their chosen
representative discussed their campaign with selected journalists. All
11 debates were broadcast on national media outlets and several private
TV stations, some of which boasted a quasi-nationwide audience. In
addition Radio Okapi, an independent radio station jointly founded by
MONUSCO and the Fondation Hirondelle, with support from various
international donors, devoted airtime to each presidential candidate,
or their representative, to allow them to explain their political
platforms to the public. These interviews aired nationwide during the
electoral campaign and helped ensure equality of media exposure for all
contenders. With the exception of national debates, media outlets
failed to ensure a fair distribution of airtime among the various
candidates. The EU election observer mission reported that President
Kabila received 86 percent of televised airtime, versus 7 percent for
Leon Kengo wa Dondo, 3 percent for Vital Kamerhe, and 1 percent for
Etienne Tshisekedi, the leading opposition presidential candidate. JED
found that, in its sampling, Kabila received 60 percent, Kamerhe 20
percent, and Tshisekedi 15 percent of televised airtime. JED expressed
concern over the increasing partiality of media sources, who reported
their own opinions rather than events on the ground.
A large and active private press (both pro and antigovernment)
functioned throughout the country, and the government licensed a large
number of daily newspapers. According to JED, 52 television stations,
approximately 240 radio stations, and 200 newspapers were registered
with the Ministry of Communication. The government required newspapers
to pay a one-time license fee of 250,000 Congolese francs
(approximately $278) 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.
Radio remained the most important medium of public information due
to limited literacy and the relatively high cost of newspapers and
television. The state owned three radio stations and three television
stations, and the president's family owned two television stations.
In 2010 government authorities added a provision in journalists'
letters of accreditation that the military code of justice (concerning
criminal penalties, including imprisonment) applied to any foreign
journalists who committed press offenses. In response, international
journalists expressed concerns over their ability to report on
sensitive subjects such as the conflict in the East and corruption. At
year's end, there were no known cases in which this policy was
implemented. Nevertheless, SSF harassed foreign journalists. For
example, on December 23, a RG officer confiscated the working materials
of Thomas Hubert of BBC Afrique when he was investigating Tshisekedi's
planned ``inauguration'' at Martyrs' Stadium (see section 3). Many
hours later, Hubert recovered all the materials except for his camera
memory card.
According to JED, one journalist was killed during the year. On
June 21, unidentified armed men killed Kambala Musonia, a journalist
with Radio Communautaire de Lubero Sud (RCLS), near his home in
Kirumba, North Kivu, after Musonia hosted a call-in program during
which listeners blamed a surge of insecurity in the region on local
SSF.
SSF also beat, arbitrarily arrested, harassed, and intimidated
local journalists because of their reporting. In an open letter to the
deputy prime minister and minister of the interior dated November 4,
Reporters without Borders and JED alleged that freedom of the media was
deteriorating, citing various cases as evidence. For example, a
television cameraman was taken into custody by police after filming a
Union pour la Democratie et le Progres Social (UDPS) demonstration on
October 29. Police freed him two days later.
In its annual report on press freedom released on December 29, JED
documented 28 cases of assault of journalists during the year, which
represented a 400 percent increase compared with 2010. However, the
number of jailings of journalists decreased from 17 in 2010 to nine
during the year.
Overall.--ED reported an 84 percent increase in press freedom
abuses, including one murder, and several assaults, arbitrary arrests
and detentions, threats, restricted movements, and illegal sanctions or
censorship, compared with 2010. Furthermore, JED noted a 28 percent
increase in abuses in 2011 when compared with 2006, the last electoral
year. The NGO underscored that journalists, reacting to threats of
violence, censored themselves. JED further 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.
Radio journalists, particularly those in Bukavu, South Kivu,
continued to fear for their safety. Journalists often received
anonymous death threats from callers, and many journalists continued to
be concerned by the lack of serious investigation and judicial action
by authorities against the perpetrators responsible for multiple
journalist killings since 2005.
In addition, there were several reports of media outlets being shut
down during the election period. While CSAC was, in theory, the only
institution with the authority to restrict broadcasts, the government
often exercised this power. The media and communications ministry, for
example, shut down the signal of pro-opposition Radio Tele Lisanga
(RLTV) from November 6 to 15--before the elections--after it aired a
live phone call from South Africa by Etienne Tshisekedi, in which the
UDPS leader declared himself president of the republic and advocated
violence against the police. DRC media minister Lambert Mende later
called the suspension of RLTV ``a protective measure'' taken against a
media organization that promoted hate speech. CSAC later followed up
with an official suspension of the station's broadcasting rights. While
the sanction against RLTV expired on December 9, the station remained
off the air at year's end. In addition, the signal for Canal Futur, a
TV station owned by unsuccessful presidential candidate and the head of
the Union for the Congolese Nation (UNC) Vital Kamerhe, was suspended
for 10 days on November 28, after the station allegedly defamed one of
Kamerhe's political adversaries. It remained off the air at year's end.
On December 21, the CSAC's rapporteur stated that ``other grievances''
prevented either broadcasting signal from being relaunched. On December
31, authorities suspended Radio France Internationale's broadcasts for
airing Etienne Tshisekedi's New Year's national address alongside
President Kabila's address, and therefore, according to the Information
Minister, supporting Tshisekedi's ``anticonstitutional comedy.''
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, on April 12, Lambert Mbuyi of
the radio-television station Debout Kasai airing in Mbuji-Mayi, Kasai
Oriental Province, was questioned at ANR. ANR accused him of airing,
the day before, a program considered defamatory toward provincial
authorities.
On December 3, the government cut off the SMS function of cell
phones in an effort to control information and limit demonstrations and
violence in the aftermath of the national elections. Two associations
of people with disabilities in South Kivu and Kinshasa protested this
decision, stating that people with hearing and speech impairments used
SMS as a primary means of communication, and without access to SMS
their livelihoods were cut off and they were unable to receive alerts
about potential violence. On December 28, the SMS function was
restored.
Internet Freedom.--The government did not restrict access to the
Internet or monitor e-mail or Internet chat rooms. The CSAC law
stipulates that bloggers must obtain authorization from CSAC. At year's
end, CSAC had not refused authorization to any bloggers, and
individuals and groups could engage in the peaceful expression of views
via the Internet, including by e-mail. Private entrepreneurs made
Internet access available at moderate prices through Internet cafes in
large cities throughout the country.
Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.
b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The constitution provides for freedom of peaceful assembly.
The government sometimes restricted this right.
The government requires 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 authorities denied permission to hold demonstrations,
in particular to opposition parties and their civil society allies.
Incidents related to freedom of assembly occurred regularly. For
example, according to HRW, 12 opposition supporters and bystanders were
killed and 41 were injured on November 26, the final day of the
campaign period, when supporters of both Etienne Tshisekedi and
President Kabila gathered at N'djili Airport to greet the incoming
candidates. RG personnel reportedly fired their weapons into the air
and into the crowds.
In addition, the UNJHRO recorded 24 incidents concerning the
freedom to assemble between November 2010 and September 2011. One such
incident occurred when presidential candidate Kamerhe visited Goma and
Bukavu in December 2010. Kamerhe was welcomed by a large crowd in Goma,
which was then violently repressed. Thirteen victims, including one
child and one 80-year-old woman, were treated after the incident. Local
authorities banned subsequent gatherings and jailed Kamerhe's followers
in Kasongo and Kindu. At least one woman, Consolate Kanyangire
Biringanine, the women's coordinator of Kamerhe's U.N. political party,
was killed on April 24.
SSF occasionally arrested demonstrators. Opposition party UDPS
staged weekly protests in front of the headquarters of the National
Independent Electoral Commission (CENI), decrying what it claimed was a
lack of transparency and CENI's failure to create an inclusive
political process for all parties. During the weekly protests,
demonstrators at times burned cars and threw objects while police
responded with tear gas, shot bullets into the air, and arrested
several individuals.
On September 7, the governor of Kinshasa banned all demonstrations
during the final week of the candidacy registration period in response
to violent back and forth retaliatory actions between supporters of
UDPS and the Parti du Peuple pour la Reconstruction et la Democratie
(PPRD).
Freedom of Association.--The constitution provides for freedom of
association. In practice the government sometimes restricted this right
directly. During the year several domestic NGOs were denied
authorization to operate (see section 5). In addition, on February 26,
in the Ituri District of Orientale Province, the U.N. coordinator was
arrested when he was reportedly conducting recruitment activities for
his party. Indirectly freedom of association was impeded through
intimidation in some areas, including Kasai Oriental and Maniema
provinces.
c. Freedom of Religion.--See the Department of State's
International Religious Freedom Report at http://state.gov/j/drl/irf/
rpt
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The law provides for freedom of
movement within the country, foreign travel, emigration, and
repatriation. The government sometimes restricted these rights.
In-country Movement: SSF established barriers and checkpoints on
roads, and at ports, airports, and markets, ostensibly for security
reasons, and routinely harassed and extorted money from civilians for
supposed violations, sometimes detaining them until they or a relative
paid. The government forced travelers to pass through immigration
procedures during domestic travel at airports, ports, and when entering
and leaving towns.
Local authorities continued to extort taxes and fees from boats
traveling on many parts of the Congo River. There were also widespread
reports of FARDC soldiers extorting fees from persons taking goods to
market or traveling between towns.
There were reports of attempts by DGM officials to fine foreigners
not carrying passports, although the law does not require foreigners to
do so.
SSF sometimes required travelers to present official travel orders
from an employer or government official, although the law does not
require such documentation. SSF often detained individuals traveling
without official orders in order to pressure bribes.
The significant risk of rape by SSF and RMG, coupled with
government inability to secure eastern territories, effectively
restricted freedom of movement by women in many rural areas,
particularly in the East (see section 1.g.).
Foreign Travel.--Passport issuance was irregular and often required
payment of substantial bribes.
Internally Displaced Persons (IDPs).--As of September, there were
1.7 million IDPs in the country, including 600,984 in North Kivu,
518,618 in South Kivu, and 447,627 in Orientale provinces. The
remainder of the IDPs were in Equateur, Katanga, and Maniema provinces.
These figures represented a slight decrease (1 percent) over the course
of the previous six months. While still high, the rate of displacement
was lower than in previous years. Likewise, OCHA reported the rate of
return also slowed during the year amid continued insecurity.
The conflict in the East, and the continuing state military
operations against RMG, were considered the primary causes of
displacement. For example, many people fled their villages in July as
the FDLR continued to target villages in South Kivu, stealing cattle
and looting houses.
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, as of November 30, approximately 77,000 stayed in 31 sites and
camps managed by international NGOs and coordinated by the Office of
the United Nations High Commissioner for Refugees (UNHCR). The
percentage of IDPs in North Kivu in formal and informal camps fell from
35 percent in 2008 to 17 percent in 2011. Those residing outside camps
stayed with host families, found shelter in dilapidated buildings, or
found refuge in the forest. Displaced women and children were extremely
vulnerable to abuses, including rape and forced recruitment, by FARDC,
RMG forces, and civilians.
IDPs in North Kivu were victims of abuses, including sexual
exploitation of women and children, abduction, forced conscription of
children, looting, plundering of crops, illegal taxation, and general
harassment, by all factions engaged in fighting, including FARDC, and
by other civilians. For example, OCHA reported in June the abduction
and killing of IDPs in Beni Territory, North Kivu, as IDPs returned to
their fields during the day. Abuses in camps around Goma included
killings and death threats, particularly by demobilized fighters, as
well as abduction and rape. Some IDPs were also reportedly subjected to
forced labor (see section 1.g.).
Protection of Refugees.--As of November there were 153,180 refugees
in the country from seven adjacent countries, the majority from Angola
and Rwanda. In addition, there were 221,055 Congolese refugees recorded
as living in Burundi, Rwanda, Tanzania, and Uganda.
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.
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.
As of November 30, 7,626 refugees had returned voluntarily to
Rwanda and 3,941 refugees had returned voluntarily to Burundi. In
addition, 1,538 Angolans had returned to Angola after the November 4
resumption by UNHCR of the voluntary repatriation operation to Angola.
Unlike in previous years there were no reports of widespread forced
expulsions. In 2009 Angola forcibly expelled 85,000 irregular Congolese
immigrants to Bas-Congo Province, and the DRC retaliated by forcibly
expelling 30,000 Angolans, including those with refugee status. During
the year smaller expulsions along the entire border between the two
countries continued. While most 2009 expulsions were conducted
peacefully, abuses during expulsions by SSF of both countries occurred
during the year. According to the UNJHRO, in January and February 2010,
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 presidential and parliamentary elections based on universal
suffrage.
Elections and Political Participation.--Recent Elections.--
Presidential and parliamentary elections were held on November 28, and
on December 9, the CENI announced that President Joseph Kabila received
approximately 49 percent of the vote, Etienne Tshisekedi received 32
percent, and Vital Kamerhe 8 percent. Several international observer
missions, including the Carter Center and the EU Observer Mission,
judged that the results of the elections ``lacked credibility,'' due
largely to irregularities and a lack of transparency in the vote
tabulation process.
Election day was generally peaceful but chaotic and disorganized at
a number of polling stations throughout the country. For example, many
individuals could not find their names on the voting lists and
therefore could not vote. Midway through election day, the CENI
publicly announced that these ``omitted'' individuals could vote in the
stations in which they registered, regardless of whether their names
appeared on the rolls. In addition to the confusion, an RMG attacked a
polling station in Lubumbashi on election day, and there were numerous
incidents of violence in Kasai Occidental and parts of Kinshasa.
On December 12, Vital Kamerhe, on behalf of the opposition, filed a
claim with the Supreme Court seeking to annul the presidential
elections. On December 16, the Supreme Court upheld the CENI's
provisional results declaring that President Kabila won the election.
The opposition quickly denounced the Supreme Court's ruling, and some
international stakeholders criticized the procedure employed by the
court. President Kabila was sworn into office on December 20.
Meanwhile second place winner and Kabila's primary opponent Etienne
Tshisekedi declared he had won the election and held his own
``inauguration'' at his home on December 23. SSF had prevented the
inauguration from taking place at the Martyr's Stadium, as planned by
Tshisekedi and his UDPS party. Up to five people died in small-scale
clashes on that day. At year's end Tshisekedi remained in detention in
his residence.
By year's end parliamentary election results had not been
announced.
During the year, a number of legal codes were changed concerning
the elections process. Perhaps most significantly, on January 25, the
Senate and the National Assembly adopted an amendment to the
constitution that changed the presidential election from a two-round
voting system to a single-round system whereby a simple majority
determines the winner.
In June and July, officials completed the voter registration
process, registering approximately 32 million voters nationwide. In
October the CENI began publishing voter lists on its Web site. Many
observers, including the Carter Center, claimed that the voter
registration process was flawed.
The registration of presidential and legislative candidates was
accompanied by demonstrations, especially by opposition party UDPS and
Alliance pour la Majorite Presidentielle (AMP) member PPRD.
Political Parties.--The 2007 law on the status and rights of the
political opposition recognizes opposition parties represented in
parliament as well as those not in parliament. The law also details the
various ``sacred'' rights and obligations of opposition parties. During
the year political parties were able to operate most of the time
without restriction or outside interference, but there were notable
exceptions, particularly during the election period. Opposition members
were sometimes harassed (see section 2.a.).
Participation of Women and Minorities: At year's end women held 10
percent of seats in the National Assembly (50 of 500) and approximately
6 percent in the provincial assemblies (43 of 690). This was a decrease
from the 12 percent of seats held prior to the 2006 elections. In
addition, four of the 108 senators were women. Among the 45 government
ministers and vice ministers, four 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 of and
discrimination against Pygmies continued in some areas and undoubtedly
contributed to their lack of political participation (see section 5).
Section 4. Official Corruption and Government Transparency
The law provides criminal penalties for official corruption. In
2002 the government established a watchdog agency for the enforcement
of the Code of Professional Ethics, which promotes ethical behavior
among civil servants in the workplace. The Congolese Court of Accounts
and the Congolese Anti-Corruption League NGO are also entities that
work closely on corruption matters. In 2007 the government ratified a
protocol agreement with the SADC (Southern African Development
Community) on fighting corruption.
Nevertheless, the authorities did not implement the law against
corruption, and corruption remained endemic throughout the government
and state security forces. Bribery was still routine in public and
private business transactions, especially in the areas of government
procurement, dispute settlement, and taxation. 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 section 1.c.). 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. 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 reportedly were paid late, had not been
paid in years, received irregular salaries, or did not earn enough to
support their families, all of which fostered corruption.
L'Observatuer, a daily newspaper, reported in December that a number of
police officers in Beni, North Kivu, went on strike after not being
paid for up to five years. 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.).
The law criminalizes money laundering and terrorist financing, and
provides for a Financial Intelligence Unit. Limited resources and a
weak judicial system hampered the government's ability to enforce anti-
money laundering regulations, however, and local institutions and
personnel lacked the training and capacity to enforce the law and its
attendant regulations fully. During the year the government reached
money-laundering convictions in two cases.
Reports, including the UNGOE report, indicated that the mining
sector continued to lose millions of dollars because of official
corruption at all levels, including illegal exploitation of minerals by
FARDC and RMG in the East (see section 1.g.).
In October the International Monetary Fund (IMF) raised concerns
about two mining contracts entered into in August with Sodimico and
Gecamines that it and the World Bank noted were concluded without
proper adherence to transparency principles. The IMF refused to
conclude its fourth review of the government under the PEG 2 (the
government's Economic Program) until the government audits and
publishes the contracts.
The Ministry of Justice and Human Rights created an internal
anticorruption team on May 10. According to one internal source,
however, this new structure lacked independence and therefore the power
to fight corruption.
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 reportedly did so during the year. However, the data
were not made public.
The law does not provide for public access to government-held
information. In practice the government did not grant access to
government information for citizens or noncitizens, including foreign
media.
To enforce anticorruption laws among civil servants and other
government employees, in 2009 President Kabila launched a ``zero
tolerance'' campaign. Within this framework, he established the
Financial Intelligence Unit to combat money laundering and
misappropriation of public funds.
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 validate the EITI process, the government did not meet its March
2010 validation deadline, nor did it meet a subsequently imposed June
2011 deadline. The EITI Secretariat granted the government a final 18-
month extension to complete validation by March 1, 2013.
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, SSF 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 U.N. officials to detainees in certain types of facilities
(see sections 1.c. and 1.d.). The government allowed international
humanitarian agencies access to conflict zones, permitted many U.N.
human rights officers to investigate abuses, and invited U.N. special
rapporteurs and representatives to visit the country to assess the
human rights situation and provide technical assistance. However, the
government took no significant steps to implement their
recommendations. There were instances in which authorities,
particularly SSF, obstructed the work of U.N. human rights monitors and
special rapporteurs, and FARDC units in North Kivu occasionally made
death threats against U.N. personnel.
Officials from the Ministry of Justice and Human Rights met with
domestic NGOs and sometimes responded to their inquiries. In March 2010
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 convened in September 2010.
Thereafter the liaison organization met sporadically, the latest
occasion being November 18 to discuss human rights issues during the
electoral period. While there was no official Human Rights Commission,
there is an Interministerial Human Rights Committee, which meets on an
ad hoc basis to address high-profile issues. During the UNHRC's
Universal Periodic Review (UPR) process, numerous domestic human rights
NGOs and the government underscored the need to establish an
independent national human rights commission, with a broad mandate to
protect and promote human rights.
There were reports that local officials required domestic NGOs
seeking to register to pay bribes and denied several domestic NGOs
authorization to operate. Domestic human rights NGOs were particularly
vulnerable to harassment, arbitrary arrest and detention, and other
abuses by SSF, when reporting on or supporting victims of abuses by
FARDC, ANR, or other SSF and when spotlighting the illegal exploitation
of natural resources in the East.
The government generally cooperated with international NGOs that
published reports on human rights and humanitarian issues and permitted
their investigators access to conflict areas. These human rights and
humanitarian aid workers operated in unstable environments where RMG
were actively engaged, and were sometimes attacked. For instance, on
September 9, RMG kidnapped five members of one of the UNHCR's NGO
partners and their drivers near Kigome, Walikale Territory. The members
of the NGO escaped although the drivers did not. On September 10, an
RMG kidnapped six workers with the NGO Welthungerhilfe in southwest
Lubero Territory.
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
consistently to deny UNJHRO officers access to detainees in facilities
run by the ANR and the RG in numerous areas.
There was an increase in cases of members of SSF obstructing human
rights work by MONUSCO and the U.N. human rights country team. 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.). The government
had not responded to several requests for information from various U.N.
human rights monitoring bodies made in prior years. In addition, during
the year the government replied to only a small percentage of
communications, including urgent appeals, from U.N. rapporteurs and
representatives, according to the UNHCR.
The government cooperated in some respects 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 in 2008, the government made no effort
to arrest and transfer him to the ICC.
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 the ICTR believes might
be in the DRC. On May 24, Congolese authorities arrested Bernard
Munyagishira, allegedly responsible for leading the genocide in the
border town of Gisenyi, Rwanda, directly across the border from Goma,
North Kivu. He was transferred to the ICTR on June 14, made an initial
appearance before the court on June 20, and at year's end was awaiting
trial. In 2009 the government transferred Gregoire Ndahimana, who had
surrendered to authorities, to the ICTR in Arusha, Tanzania. On
November 17, the ICTR convicted Ndahimana of genocide and crimes
against humanity and sentenced him to 15 years in prison.
On December 16, the ICC freed Callixte Mbarushimana, a Rwandan
rebel leader who was charged with murder, rape, and torture in the DRC,
because of lack of evidence.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution prohibits discrimination based on ethnicity,
gender, or religion. The government did not enforce these prohibitions
effectively.
In many cases throughout this section data from prior years are
presented because more recent data were not available. In all such
cases observers believed that the situation had not materially improved
during the year.
Women.--Rape and Domestic Violence.--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. Spousal rape is not criminal under the law, which
was last modified in 2006. The law defines rape to include male
victims, sexual slavery, sexual harassment, forced pregnancy, and other
sexual crimes. It also prohibits compromise fines and forced marriage,
allows victims of sexual violence to waive appearance in court, and
permits closed hearings to protect confidentiality. The minimum penalty
prescribed for rape is a prison sentence of five years.
SSF, RMG, and civilians perpetrated widespread and sometimes mass
rape of women and girls (see section 1.g.). In 2009 the United Nations
Population Fund (UNFPA) reported 12,838 cases of sexual violence
against both adults and minors in North Kivu, South Kivu, and Orientale
provinces, with a total of 17,507 cases across the entire country.
According to the March 2009 U.N. Secretary General's 27th report to the
U.N. Security Council, more than 1,100 women and girls were raped each
month in the East alone. An American Journal of Public Health study
published in June supported this assertion.
Statistical information on rape, often based on information from
the judiciary and agencies providing services to victims, remained
fragmented and incomplete. According to U.N. officials and NGOs such as
HRW, statistics on sexual violence represented a small percentage of
the actual number of crimes committed and excluded victims who were
unable, afraid, or ashamed to seek assistance. The June study also
supported the claim that rape and sexual violence were widespread and
not limited to conflict zones.
Prosecutions for rape and other types of sexual violence remained
rare. According to the High Military Prosecutors Office, in 2010 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 SSF, particularly high-ranking officers, who
were responsible for rape (see section 1.d.) or failed to take action
against personnel under their command. 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.
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 SGBV faced
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 was common throughout the country.
For example, according to the 2007 Demographic Health Survey, 71
percent of women reported some form of sexual, mental, or physical
abuse. Other sources found that 86 percent of women in Equateur
Province were victims of domestic abuse. While there were few recent
statistics available regarding the extent of domestic abuse across the
country, a Kinshasa-based December 2010 survey of 1,000 individuals
conducted by Les Experts found that 45 percent of respondents had been
abused. 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.
Female Genital Mutilation.--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.
Sexual Harassment.-- Sexual harassment occurred throughout the
country. A 2010 study conducted by the World Health Organization found
that 64 percent of workers surveyed had experienced sexual harassment
at the workplace. The law prohibits sexual harassment, and the minimum
penalty prescribed by law is a prison sentence of one year. However,
there was little to no effective enforcement.
Reproductive Rights.--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, while the law does not
require spousal permission for family planning usage, it was still
common practice for providers to require permission of a woman's spouse
before providing family planning. Women's access to contraception also
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 for sexually transmitted diseases was
not known. Recent studies did not disaggregate by gender, and the data
were 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 in 2010.
According to the 2010 Cluster Survey (MICS) conducted by the
government with various U.N. agencies and a foreign aid agency, 87
percent of pregnant women received prenatal care at least once from a
qualified professional. This represented a 2 percent increase from the
2007 demographic and health survey. 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, clinic, or home), and geographic location had a
significant impact on who received postpartum care. Cultural barriers
to seeking healthcare 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.
Discrimination.--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, many widows had been dispossessed of
their property. Women found guilty of adultery may be sentenced to up
to one year in prison, while adultery by men is punishable only if
judged to have ``an injurious quality.''
In their 2009 report to the U.N. Human Rights Council (UNHRC),
seven U.N. 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 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.
The constitution calls for gender parity, but the provision was not
given effect by any legislation. Various laws require political parties
to consider gender parity when presenting candidates at all levels.
However, fewer than 12 percent of the recent legislative candidates
were women.
Children.--Birth Registration.--According to 2010 UNICEF data, 28
percent of children under the age of five were registered with the
state. This represented a 3 percent drop in the previous three years.
However, for the first four months of 2011, the Ministry of the
Interior reported overall registration of 47 percent of births. Birth
registration was lowest among ethnic minorities such as Pygmies. The
lack of registration did not affect access to government services.
Education.--The constitution and law stipulate that public
education should be free and that education should be compulsory until
16 years of age. In practice, however, primary school education was not
compulsory, tuition-free, or universal, and few functioning government-
funded schools existed. 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, combined
with the potential loss of income or labor while their children
attended class, rendered many parents unable or unwilling to enroll
their children. In September 2010 President Kabila ordered that primary
school fees would no longer be required outside Kinshasa, Katanga, and
Bas-Congo provinces. However, the inadequate education budget severely
limited the state's ability to implement its free primary education
policy. As a result, many schools continued to rely on fees paid by
parents in order to function.
Primary and secondary school attendance rates for girls were lower
because many parents preferred to send only their sons to school due to
financial, cultural, or security reasons. Approximately 7.6 million
children and adolescents did not attend school.
Many of the schools in conflict zones were dilapidated and had been
closed due to insecurity. The 2010 Report of the U.N. Secretary General
on Children and Armed Conflict in the Democratic Republic of the Congo
noted an increase in attacks on schools in areas that often had
corresponding reports of child recruitment. Parents in such areas often
prevented their children from attending the few functioning schools due
to fear that RMG would forcibly recruit their children.
Child Abuse.--Although the law prohibits all forms of child abuse,
it occurred. The 2010 MICS survey found that 92 percent of children two
to 14 years old experienced some form of violent discipline methods
(psychological aggression and/or physical punishment). There was no
information about authorities arresting individuals for child
abandonment or other abuse during the year.
The constitution prohibits parental abandonment of children
believed to have committed sorcery. Nevertheless, parents or other care
providers sometimes abandoned and abused such children. The law
provides for a sentence of imprisonment for parents and other adults
who accuse children of witchcraft, but authorities did not implement
the law effectively.
Child abuse was an especially serious problem in the eastern
conflict regions. A 2008 report of the U.N. Secretary General on
children and armed conflict in the country concluded that children
continued to be the primary victims of the conflict in the East.
In 2009 a group of seven U.N. 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 were girls, and in some cases boys. Between
January 2010 and September 2011, UNICEF reported that approximately
21,395 SGBV survivors received medical care, of which 12,829 were in
the East. Of the overall number, 57 percent were children.
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 children with
disabilities or even speech impediments and learning disabilities were
branded as witches. This practice sometimes resulted in parents
abandoning their children. According to UNICEF as many as 70 percent of
the street children it assisted claimed to have been accused of
witchcraft.
In 2009 the Committee on the Rights of the Child established under
the U.N. Convention on the Rights of the Child published its concluding
observations, which underscored the committee's concern over the
frequency of sexual assaults committed against street children, as well
as SSF's regular harassment, beating, and arrest of street children. In
addition the committee expressed concern that ``violence against
children accused of witchcraft was increasing, and that children were
being kept as prisoners in religious buildings, where they were
subjected to torture and mistreatment or even killed under the pretext
of exorcism.''
Several NGOs, including Save the Children, worked with MONUSCO and
UNICEF to promote children's rights throughout the country.
Child Marriage.--The law prohibits marriage of girls under the age
of 14 and boys under the age of 18. The 2010 MICS Survey found that 45
percent of 20- to 45-year-old women were married before the age of 18.
In addition, some marriages of girls as young as 13 years old took
place. Dowry payments greatly contributed to underage marriage, as
parents would marry off a daughter against her will to collect a dowry
or to finance a dowry for a son.
The 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. However, there were no reports
of prosecutions for forced marriage.
Sexual Exploitation of Children.--The minimum age of consensual sex
is 14 years for girls and 18 years for men, and the law prohibits
prostitution by anyone under the age of 18. Nevertheless, child
prostitution occurred throughout the country, although there were no
statistics available regarding its prevalence. Some of these children
engaged in prostitution without third-party involvement, while others
were forced to do so.
According to the World Bank, 26 percent of children living on the
streets were girls, and of these, nine out of 10 were involved in
prostitution, and seven out of 10 had been raped.
Child Soldiers.--All parties to the conflict in the East used child
soldiers (see section 1.g.).
Displaced Children.--There were an estimated 8.4 million orphans
and vulnerable children in the country in 2009. Ninety-one percent
received no external support of any kind, and only 3 percent received
medical support. UNICEF and the World Bank estimated that 30,000-40,000
children lived on the streets, with the highest concentration in
Kinshasa. Many of these children were forced out of their homes when
their families accused them of witchcraft and bringing misfortune to
their families. Others were child refugees and war orphans.
The government was ill equipped to deal with such 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. SSF abused and arbitrarily
arrested street children (see sections 1.c. and 1.d.). During the year
children's tribunals were launched with the training and deployment of
12 magistrates--one for each provincial tribunal.
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.
Anti-Semitism.--The country has a very small Jewish population, and
there were no reports of anti-Semitic acts.
Trafficking in Persons.--See the Department of State's Trafficking
in Persons Report at http://state.gov/j/tip.
Persons With Disabilities.--Although the law prohibits
discrimination against persons with disabilities, 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.
An August 2010 American Journal of Public Health study found 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.
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.
SSF in Kinshasa sometimes harassed, arbitrarily arrested, or
threatened members of many different ethnic groups from Equateur, North
Kivu, and South Kivu, according to regular reporting from the UNJHRO.
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 was widespread. Most Pygmies took no part in the political
process and lived in remote areas. Fighting in the East between RMG and
SSF caused displacement of some Pygmy populations. Since 2003, many
Pygmies who had lived in IDP camps in the East were forced out of 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 2009-10, the World
Peasants/Indigenous Organization (WPIO) reported 644 new cases of
enslavement of Pygmies.
Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--While there are no laws
specifically prohibiting homosexuality or homosexual acts, individuals
engaging in public displays of homosexuality were subject to
prosecution under public decency provisions in the penal code and
articles in the law on sexual violence. In October 2010, 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 harassment by SSF was believed to have continued.
Other Societal Violence or Discrimination.--There were no reports
of societal violence or discrimination based on HIV/AIDS status.
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.
Section 7. Worker Rights
a. Freedom of Association and the Right to Collective Bargaining.--
The constitution provides all workers, except government officials and
members of SSF, the right to form and join trade unions without prior
authorization or excessive requirements, to conduct legal strikes, and
to bargain collectively. Additionally, the law provides unions the
right to conduct activities without interference. However, the
provision does not clearly define specific acts of interference. In the
private sector a minimum of 10 employees are required for unionizing a
business. Bargaining with the employer requires a minimum of 10 union
committee members plus one. Union committee members report to the rest
of the workforce. The union committee gives a notice of strike to the
company's management and does not need authorization to strike. In
general the committee delivers a notice to strike to the employer and
then waits for a reply for 48 hours. The employer is not obligated to
reply. If he chooses to reply, negotiations, which may take up to three
months, begin with a labor inspector and ultimately, the Peace Court.
If the employer does not reply signaling his readiness to negotiate,
the strike may immediately start. Sometimes employees provide only
minimum labor while negotiating.
Foreigners cannot hold trade union office until they have lived in
the country for at least 20 years. The law requires unions to have
prior consent from the Ministry of Labor (MOL) and to adhere to lengthy
mandatory arbitration and appeal procedures before striking. In general
the police, army, and domestic workers cannot strike. Directors in
public and private enterprises are also excluded from striking.
The law prohibits discrimination against union employees and
requires employers to reinstate workers fired for union activities.
However, the government did not effectively enforce applicable laws,
and the extent to which the government protected these rights in
practice was limited.
International NGO Freedom House reported in January that labor
unions existed only in urban areas and were largely inactive. The
government recognized only 12 unions at the national level. These
unions, largely in the natural resources sector, were recognized after
the 2008 elections and have a mandate that extends until 2013.
Employees in the private sector are free to join one of these 12
nationally recognized unions. Unions present in a private sector
company form a union committee, which is recognized by management and,
at times, even financially assisted. Membership in the unions was
unknown. Informally and not within an official union, artisanal miners
organized themselves in small groups for mutual support and sharing
benefits.
In August 2010 a Freedom House assessment found significant
restrictions on labor rights and a ``repressive'' labor rights
environment. Also in 2010, the International Trade Union Confederation
(ITUC) reported that there were arrests of trade union members who were
tortured and received ill treatment during their detention. The ITUC
and the Trade Union Confederation of the Congo (CSC) also reported acts
of interference in trade union activities, including threats of
dismissal in violation of the law, the existence of many unions
established and financed by employers, and the failure to comply with
requirements for collective bargaining. For example, the management of
the Societe Nationale des Transports et des Ports (SCTP) dismissed its
union head and sent some union members to jail.
Despite the law, antiunion discrimination occurred in practice. To
a limited extent, the government protected the right of reinstatement
for workers fired for union activities.
In small- and medium-sized businesses, workers could not
effectively exercise the right to strike. With an enormous unemployed
labor pool, companies and shops could immediately replace any workers
attempting to unionize, collectively bargain, or strike. Despite the
law prohibiting employers and the government from retaliating against
strikers, in April police prevented employees of the SCTP and the Regie
des Voies Aeriennes from striking and arrested some employees and union
delegates.
Collective bargaining was ineffective in practice. For example,
public hospital nurses and public school teachers launched strikes, but
both returned to work without any of their demands met. In the public
sector, the government set wages by decree and permitted unions to act
only in an advisory capacity.
b. Prohibition of Forced or Compulsory Labor.--The constitution
prohibits all forms of forced or compulsory labor, including by
children. Under the Labor Code, forced labor is punishable by a maximum
of six months' imprisonment plus a fine. Another law also provides for
a penalty of prison labor from 10 to 20 years for the enrollment or use
of children under 18 years of age in armed forces or the police.
The government did not effectively enforce laws prohibiting forced
or compulsory labor. Although no statistics were available, forced
labor widely occurred throughout the country.
Examples of violations include the coercion of men, women, and
children into forced labor. In the mining sector, individuals took on
debt from intermediaries and dealers to acquire food, supplies, and
mining tools and equipment. Miners who failed to provide sufficient ore
to pay off this debt became debt slaves, forced to continue to work to
pay off arrears. The government did not attempt to regulate this
practice. By some estimates, tens of thousands of children worked in
the mining sector, most often in extremely dangerous conditions as
artisanal miners. Children mined diamonds, gold, cobalt, coltan,
wolframite, and cassiterite. In mining areas, children sifted, cleaned,
sorted, transported heavy loads, and dug for minerals underground. In
the East, FARDC elements and RMG, operating outside central government
control, continued to abduct and forcibly recruit men, women, and
children to serve as laborers (including in mines in the Kivus),
porters, domestics, combatants, and sex slaves (see section 1.g.).
A June report by the NGO Free the Slaves stated that children were
particularly vulnerable to forced labor in the East. The report noted
that, ``[i]t is not uncommon for members of armed groups to force an
individual to work in the mines during the day and sexually exploit the
same person at night.''
Some police officers in the East reportedly arrested individuals
arbitrarily in order to extort money from them. The police forced those
who could not pay to work until they had ``earned'' their freedom.
SSF forced men, women, and children, including IDPs and prisoners,
to serve as porters, miners, and domestic laborers (see sections 1.c.,
1.g., 6, and 7.c.). In addition, according to the UNGOE report of
November 2010, in Mushake, Masisi Territory, ex-CNDP FARDC soldiers
``enforce salongo, whereby civilians are required to build houses,
clean camps, and transport merchandise for the military.'' Observers
believed that the situation did not materially improve during 2011.
SSF and RMG 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 SSF was not limited to
conflict zones. For example, in 2009 UNICEF reported that soldiers in
Katanga Province forced children and adults to mine and transport heavy
loads. No available information suggests that the situation materially
improved during the year.
The government took no action against FARDC soldiers who used
forced labor and abducted civilians for forced labor during the year.
The government did not conduct any official child labor
investigations during the year. Little if any information existed on
the removal of victims from forced labor. At year's end there was no
effective government effort underway to limit child labor in mines. The
government and U.N. sources reported the removal of minors from the
ranks of the armed forces in the course of its census and registration
program. The armed forces handed these minors over to the United
Nations' reintegration program.
Also see the Department of State's annual Trafficking in Persons
Report at http://state.gov/j/tip.
c. Prohibition of Child Labor and Minimum Age for Employment.--The
minimum age for full-time employment without parental consent is 18
years. Employers may legally hire minors between the ages of 15 and 18
with the consent of a parent or guardian. Those under the age of 16 may
work a maximum of four hours per day, and all minors are restricted
from transporting heavy items.
While criminal courts continued to hear child labor complaints,
neither the courts nor other government agencies were able to
effectively enforce these laws. Government ministries and the National
Committee to Combat the Worst Forms of Child Labor lacked the resources
and capacity to enforce child labor laws.
The MOL has responsibility for investigating child labor abuses but
had no dedicated child labor inspection service. In December the
government approved a National Action Plan to Combat the Worst Forms of
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 the
Worst Forms of Child Labor. These agencies had no budgets for
inspections and conducted no child labor investigations during 2010 or
2011. According to the NGO Volunteer Office in the Service of Children
and Health, while child labor was widespread, no formal complaints had
been filed.
The government did not undertake any measures to reinforce the
capacities of the labor inspectors to ensure that children under 18 did
not engage in hazardous work in mines.
Child labor, including forced child labor, was a problem throughout
the country (see section 7.b.).
Child labor was most common in the informal sector, particularly in
mining and subsistence agriculture. For economic survival, families
often encouraged children to work. According to the MOL, children
worked in mines and stone quarries, and as child soldiers, water
sellers, domestic servants, and entertainers in bars and restaurants.
In December the International Organization of Migration (IOM) reported
that several industries in the country used child labor.
According to data collected by a September 2010 UNICEF survey,
approximately 42 percent of children between the ages of five and 14
were involved in child labor. The same survey indicated that children
in rural areas are more likely to be involved in child labor than
children in urban areas (46 percent compared to 34 percent). UNICEF
considered children to be involved in labor if, during the week
preceding the survey, a child five to 11 years old performed at least
one hour of economic activity or at least 28 hours of domestic work, or
a child 12 to 14 years old performed at least 14 hours of economic
activity or at least 28 hours of domestic work.
Children were also exploited in the worst forms of child labor,
many of them in exploitative work in agriculture, street vending, water
selling, and domestic service. Children made up as much as 30 percent
of the work force in the artisanal mining sector. In mining regions of
the provinces of Katanga, Kasai Occidental, Orientale, North Kivu, 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.
Parents often used children for dangerous and difficult
agricultural labor. Families unable to support their children
occasionally sent them to live with relatives who effectively treated
the children as domestic slaves, subjecting them to physical and sexual
abuse.
Children were also trafficked for sexual exploitation, including
for prostitution in brothels or by loosely organized networks. Reports
indicated continued child prostitution, including forced prostitution,
throughout the country (see section 6).
Also see the Department of Labor's Findings on the Worst Forms of
Child Labor at http://dol.gov/ilab/programs/ocft/tda/htm.
d. Acceptable Conditions of Work.--The government sets regional
minimum wages for all workers in private enterprise, with the highest
pay scales applied to the cities of Kinshasa and Lubumbashi. In January
2009 the government established a minimum wage of 1,680 Congolese
francs (approximately $3 at that time) per day. Given the continued
devaluation of the currency, the minimum wage, which has never been
adjusted, stood at $1.87 at year's end. While most foreign employers
paid higher wages than the official minimum wage, the average worker
has had to cope with falling real wages for over a decade.
The law defines different standard workweeks, ranging from 45 to 72
hours, for various jobs and prescribes rest periods and premium pay for
overtime. However, the law establishes no monitoring or enforcement
mechanism, and employers often did not respect these provisions.
The law specifies health and safety standards. The law does not
provide workers the right to remove themselves from dangerous work
situations without jeopardizing their employment. Health and safety
standards were not effectively enforced in either the formal and
informal sectors.
Employers in the informal sector often did not respect the legally
required minimum wage. 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 $83) 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.
According to the World Bank, between 500,000 and two million miners
worked in the informal sector nationwide and up to 16 percent of the
population indirectly relied on artisanal mining. Overall estimates
were notoriously challenging to verify, and determining the number of
miners working specifically in the conflict areas was difficult. In
2010 the international NGO Pact estimated that between 200,000 and
250,000 miners worked in North Kivu and South Kivu. Many suffered
violence from guards and SSF for illegally entering mining concession
areas.
Informal sector workers, who make up approximately 90 percent of
the workforce, are subject to hazardous and/or exploitive working
conditions.
__________
REPUBLIC OF THE CONGO
executive summary
The Republic of the Congo is a parliamentary republic in which most
of the decision-making authority and political power is vested in the
president and his administration, although the method by which internal
decision-making occurs is unclear. Denis Sassou-Nguesso was reelected
president in 2009 with 78 percent of the vote, but the validity of
these figures is questioned. 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. While the country has a multiparty political
system, members of the president's Congolese Labor Party (PCT) occupy
most senior government positions. Security forces reported to civilian
authorities.
Major human rights problems included suspected beatings and
torturing of detainees by security forces; poor prison conditions; and
societal discrimination against women.
Other human rights abuses included arbitrary arrest; lengthy
pretrial detention; an ineffective and under-resourced judiciary;
infringement of citizens' privacy rights; some restrictions on freedom
of speech, press, and assembly, official corruption and lack of
transparency; domestic violence, including rape; trafficking in
persons; discrimination on the basis of ethnicity, particularly against
indigenous persons; and child labor.
The government seldom took steps to prosecute or punish officials
who committed abuses, whether in the security services or elsewhere in
the government, and official impunity was a problem.
Section 1. Respect for the Integrity of the Person, Including Freedom
from:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the government or its agents committed arbitrary or
unlawful killings.
b. Disappearance.--There were no reports of disappearances or
politically motivated abductions or kidnappings.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The law prohibits such practices; however, NGOs reported
cases of government-led torture and other cruel, inhuman, and degrading
treatment.
For example, in early 2011 inmates and pretrial detainees in
Brazzaville's prison were reportedly tortured two to three times per
month by gendarmes during the night, after the regular prison staff
departed the premises at 5 p.m.
In April a gendarme attempted to rape a female inmate in the
Brazzaville prison. Following this incident, the government no longer
deployed gendarmes inside the prison, but they continued to be
stationed outside to prevent prison escapes.
Bradi Oboromalekou was arrested in June 2010 for selling cannabis
and possessing a weapon. While incarcerated, his hands were reportedly
handcuffed behind his back and he was repeatedly tortured for two weeks
in the Brazzaville-Central police station jail before being transferred
to the Jean Francois Ndengue police station jail. Oboromalekou
continued to be tortured over another six weeks in this second facility
before finally being released; the perpetrators enjoyed complete
impunity.
In September 2010 Army Lieutenant Ferdinand Bourangon died of
torture-induced injuries allegedly perpetrated in Brazzaville's prison.
Other unnamed prisoners were also allegedly tortured. To date, no
disciplinary action has been taken against prison personnel.
Bourangon's family filed a lawsuit against the alleged perpetrators,
although the courts have not reviewed the case.
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 water backing up into
prisoners' cells. Basic and emergency medical care was limited, and
meaningful access to social services personnel was severely limited due
to insufficient personnel and overcrowding.
Detainees and prisoners are provided potable water in Brazzaville
and Pointe Noire prisons; however, the two facilities do not have
running water due to the deterioration of the water-pipes. There is no
potable water in the country's 10 other departmental prisons.
Record keeping in the penitentiary system did not improve during
the past year. Prison officials continue to use a noncomputerized
record keeping system.
Prison conditions for women were better than those for men in each
of the country's 12 prisons. There was a lower population density in
the female cells than in the male cells.
The government took some steps to improve the conditions of its
prisons during the year. A new prison was opened in Impfondo, capital
of Likouala Department. The prison in Ouesso, capital of Sangha
Department, was refurbished. The government was negotiating a contract
to build a new prison that would serve Brazzaville and be located 25
miles north of the capital.
Of 12 prisons, two--one in Brazzaville and one in Pointe Noire--
were fully operational during the past three years. Other facilities
stopped operating at full capacity in 2008 due to infrastructure
deterioration. By year's end, the prison population was approximately
1,400, the majority of whom were awaiting trial for assault and
robbery. As of October 28, the Brazzaville prison, which was built in
1943 to hold up to 150 prisoners, held approximately 645, including 11
minors. The Pointe Noire prison, built in 1940, held 240 prisoners,
including four minors. There were approximately 50-60 detainees and
prisoners in each of the country's remaining 10 departmental prisons.
Due to the facilities' infrastructure constraints and lack of education
services, these facilities do not hold minors. Convicted minors in
these districts are therefore given punishments that do not include
prison sentences. Additionally, police stations frequently house
prisoners in their limited incarceration facilities beyond the maximum
statutory holding period of 48-72 hours.
Prison inmates reportedly received, on average, only one meal a
day, including inadequate portions of rice, bread, and fish or low-
grade meat. Families were allowed to bring meals to inmates.
Separate facilities were maintained for minors, women, and men in
Brazzaville and Pointe Noire. In the country's 10 other prisons, there
were no reported juvenile detainees, and men are held separately from
women. Security measures in Brazzaville's prison were insufficient to
maintain minors' isolation from the general prison population. Pretrial
detainees were held with convicted prisoners in each of the 12 prisons.
In Brazzaville, prisoners with infectious diseases were kept in one
cell but allowed to interact with other inmates. In Brazzaville and
Pointe Noire, most of the cells had a functioning television with
cable. There were no televisions and cable in the cells of the
remaining 10 prisons.
Prisons do not have libraries or sports facilities, but the
Brazzaville prison does have a school for juveniles that functions
three times per week for two hours per day. The Pointe Noire prison
also has a school for juveniles. Classes are taught by qualified
inmates when available and by civil servants from the Ministry of
Education when qualified inmates are not available. There are no
schools in the country's other 10 prisons.
Access to prisoners was conditional on obtaining a communication
permit from a judge. The permit allows visitors to spend five to 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. Visitors often have to bribe
prison authorities to be allowed in. Many prisoners' families lived far
away, and visits were often infrequent because of the financial
hardship of travel to the prison.
As in the previous year, the government provided only limited
access to prisons and detention centers to domestic and international
human rights groups. From January through July, a domestic human rights
NGO was informally granted daily access to the Brazzaville prison by
one of the facility's administrators. This access was subsequently
denied by the same administrator in late July. Diplomatic missions,
however, were granted access to both the country's prisons and to
police station jails.
Prisoners and detainees were permitted religious observance.
Religiously-affiliated charitable organizations visited prisons and
detention centers for charitable work 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. Defendants with sufficient
means were able to hire private attorneys to serve on their behalf to
propose alternatives to incarceration or to alleviate inhumane
conditions.
Prior to a trial, the government is obligated by law 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, legal
representation for poor detainees was limited. 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 detainees.
For example, 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. The minors were subsequently released. Lengthy
pretrial detentions are primarily due to the country's judicial system
that lacks capacity and financing. Judges often have a large backlog of
cases, and the Ministry of Justice typically must wait six months for
funding to arrive from the national treasury before cases can go to
trial. By law, criminal courts must review cases four times per year.
In practice this is not possible since the Ministry of Justice receives
funding for processing criminal cases one time per year based on the
pending number of cases at the time of the request for funding.
d. Arbitrary Arrest or Detention.--The constitution and law
prohibit arbitrary arrest and detention. However, police, gendarmes,
and soldiers 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.
The Penal Code states that a detainee can be detained for a maximum
of 72 hours in a police station jail before the case must be reviewed
by an attorney general and a decision must be made to either release
the individual or transfer the detainee to the prison for pretrial
detention. However, the 72 hour maximum was not observed in practice.
Some detainees were held for months and transferred among jails before
finally being freed by the attorneys general.
The Penal Code also states that prison detainees can be held for a
maximum of three months in pretrial detention- with an additional three
months with judicial approval. The law dictates that detainees who have
completed longer pretrial detentions must be released while awaiting
their court hearing. However, this was not observed in practice. Three-
quarters of detainees in Brazzaville's prison were pretrial detainees.
Prison authorities stated that average provisional detention lasted six
months; however, detainees said that the average was closer to 12 to 36
months.
Role of the Police and Security Apparatus.--The security forces
include the police, 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, reports to the minister of defense and is 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 seizure
of their identity cards or 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 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 the court system. Family members usually were given
prompt access to detainees--but often only after payment of bribes. The
law requires that indigent detainees facing criminal charges be
provided lawyers at government expense, but this usually did not occur
in practice.
Arbitrary Arrest.--Arbitrary arrest continued to be a problem. This
was perpetrated most often on 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. The victims usually paid a bribe; if not, the
person was detained at a police station (or the airport) until either a
bribe was paid or someone with influence put pressure on authorities to
release the individual.
Pretrial Detention.--Lengthy pretrial detention due to judicial
backlogs was a problem. Pretrial detainees continued to constitute the
majority of prisoners. On average detainees waited 6 months, according
to prison authorities, or 12 to 36 months, according to detainees,
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. Subsequent to 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
constitution also provides for criminal trials to be conducted by the
courts at least four times per year. For more than 20 years, however,
criminal trials have only been held annually due to a lack of funding
within the Ministry of Justice. The combination of a legal caseload
that far exceeded the capacity of the judiciary and the lack of
adequate funding to cover the expenses of criminal trials resulted in
the government being unable to ensure fair and timely trials. The Court
of Justice processed 84 criminal cases nationwide during 2010,
including cases of misappropriation of public money, murder, rape,
armed robbery, infanticide, indecent assault, and arson. In 2011 the
Ministry of Justice was unable to provide the number of criminal cases
nationwide, but it did confirm that 52 criminal trials were held in
Brazzaville. In general, when trials occurred prior to 2008, and in
2010 when the Court resumed its normal caseload, 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, although this did
not always occur in practice. Defendants were occasionally convicted in
absentia after the courts had tried unsuccessfully for a period of six
months to locate the accused to stand trial. An indigent defendant
facing serious criminal charges was entitled to an attorney at public
expense. Defendants could generally 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.
Civil Judicial Procedures and Remedies.--In contrast to the
criminal courts, the civil courts review cases on a regular basis
throughout the year. The civil courts experience long delays--although
less than the criminal courts--but are considered to be functional.
Individuals can file a lawsuit in court on civil matters related to
human rights, including seeking damages for or cessation of a human
rights violation. However, the public generally lacked confidence in
the judicial system's ability 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.--Status of 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. As in the previous
year, the government generally respected freedom of speech and press,
according to international NGO Freedom House. Broadcast journalists and
government print media journalists practiced self-censorship. The
nongovernment print media experienced few constraints. Approximately 10
private weekly newspapers in Brazzaville often publish articles and
editorials critical of the government. There are no government
restrictions on Internet access.
Freedom of Speech.--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.
Unlike in previous years, there were no reports of news agencies being
ordered to close.
Freedom of Press.--There was one state-owned newspaper, La Nouvelle
Republique, and 54 private publications, some of which were closely
allied with the government and others which were at times critical of
the government. On December 14, the High Council on the Liberty of
Communication (CSLC) prohibited newspapers Amical and La Voix du Peuple
from publishing for periods of six and three months, respectively. The
CSLC ruled that both newspapers had broken national laws by inciting
hatred and ethnic division. 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 local radio or television
stations. There are no nationwide radio or television stations.
Collectively, there are 39 radio stations, four of which are
government-owned, and 23 television stations, of which at least 15 are
privately owned. Several satellite television services were available
for the few who could afford them.
Government journalists were not independent and were expected to
report positively on government activities. However, 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
potentially affected journalists employed by both international and
government-controlled media. Local private journalists were not
affected.
Libel Laws/National Security.--The press law provides for monetary
penalties for defamation and incitement to violence.
Internet Freedom.--There were no government restrictions on access
to the Internet, or reports that the government monitored e-mail or
Internet chat rooms. Individuals and groups could engage in the
peaceful expression of views via the Internet, including by e-mail. A
greater proportion of the public, especially youth, accessed the
Internet more frequently and utilized online social media. However,
only the most affluent could afford to access the Internet in their own
homes; others who accessed it used cyber cafes. There were no known
attempts by the government to collect personally identifiable
information via the Internet.
Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.
b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The constitution and law provide for freedom of assembly;
however, the government generally did not respect 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 did not always respect the
right of peaceful assembly in practice. For example, local NGOs
reported that on January 22, the government prevented opposition group
Party for a Democratic Alliance (P.A.D.) from holding a public meeting
that was scheduled to take place in the auditorium of the national
television building. On July 31, police refused opposition party Rally
of Young Patriots (R.J.P.) access to the Massamba-Debat stadium in
Brazzaville, where a public rally had been preauthorized. The police
again prevented opposition parties from gathering outside of the
Massamba-Debat stadium on December 13.
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 Interior and Decentralization. Registration was sometimes
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 2011 International Religious Freedom Report at http://
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; unlike during the previous year the government generally
respected these rights in practice.
The government cooperated with the Office of the U.N. High
Commissioner for Refugees (UNHCR) and other humanitarian organizations
in providing protection and assistance to internally displaced persons,
refugees, returning refugees, asylum seekers, stateless persons, and
other persons of concern.
In-country Movement.--The 2003 disarmament agreement effectively
ended the organized rebellion in the Pool region. Unlike in the
previous year, unidentified armed elements believed to be ex-Ninja
rebels largely ceased 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. The increased presence of law
enforcement officers throughout the Pool region, including on rail
cars, in 2010 and 2011, significantly reduced banditry and increased
freedom of movement of persons and goods through much of the country.
As in the previous year, the government's two operations to improve
security in the Pool region, ``Kimia'' and ``Kidzounou,'' continued to
achieve results.
Foreign Travel.--Unlike in the previous year, the government did
not impose an international travel ban on opposition leaders.
Opposition leaders traveled to Europe and back without any government
interference.
Emigration and Repatriation.--The government generally did not
prevent the return of citizens, including political opponents of the
president. The last returnee was former first lady Jocelyne Lissouba,
who returned to the country in May 2010; she had fled with her husband,
former president Pascal Lissouba, in 1997. Jocelyne Lissouba enjoyed a
warm reception from President Sassou-Nguesso. Former president Lissouba
received a pardon in 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 the Congo (DRC), received numerous waves of displaced
persons in recent years. Between October 2009 and May 2010, nearly
115,000 refugees fled ethnic violence and rebellion in Equateur
Province of the DRC and sought shelter in the country's Likouala
Department. As of October, the country hosted 131,446 DRC refugees and
4,761 DRC asylum seekers.
In June 2010, 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 of the Likouala refugees to the
DRC's Equateur Province. The parties met again in November 2010 and
agreed on a plan that would begin to repatriate the first group of
refugees in April 2011. As of August, UNHCR reported 17 repatriations
to the DRC. The delay in repatriations was primarily due to the
refugees' desire to wait for the DRC presidential elections in November
2011 to take place, for post-conflict peace and reconciliation between
the Lobala and Boba tribes to be reinforced, and for repatriation aid
assistance from the international community to be made available.
The country hosts 828 Angolan refugees, of which 773 are from the
Angolan enclave of Cabinda. Between October 18 and 20, the government
convened a second tripartite meeting with the government of Angola and
UNHCR; agreement was reached to launch a voluntary repatriation effort
on November 3 that would fall within the framework of the 2002
tripartite agreement The first tripartite meeting was held in Cabinda
in 2009.
The country also hosted 7,846 Rwandan refugees who fled the
genocide in 1994. A tripartite meeting was held by the government, the
government of Rwanda, and UNHCR in January, at which time a decision
was made to invoke a cessation clause that will revoke the refugee
status of Rwandans in the Congo beginning in December 2011. At that
time, current Rwandan refugees will need to either repatriate to
Rwanda, or change their status in the Congo to permanent resident.
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.
Access to Asylum.--In 2007 and 2008, the CNAR and UNHCR processed a
case backlog of approximately 4,800 asylum seekers who had entered the
country beginning in 2003. In 2008 there were 993 asylum applications,
in 2009 there were 397, in 2010 there were 128, and as of August, there
were 24 applications in 2011. According to UNHCR, as of October, the
country hosted 140,338 refugees and 5,746 asylum seekers. Refugees and
asylum seekers came largely from the DRC, Rwanda, Angola.
Refugee Abuse.--Gender-based violence was frequent in refugee
sites, with 43 cases of rape reported in the first half of 2011, 28 of
which involved minors. UNHCR provided care to 38 of the victims. The
current number of pending cases before the courts concerning gender-
based violence is 37. According to UNHCR, the vast majority of such
cases go unreported. One reason for this is that complaints can take a
year or more before they are examined by the courts, and families of
victims often prefer to negotiate settlements directly with the
perpetrators. 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 for criminal complaints, e.g.,
rape, and civil disputes.
Primary school was funded by UNHCR and made accessible to all
refugees during the past year. During this academic year, 26,558
refugee children, including 13,004 girls, in Likouala Department were
enrolled in primary school. Access to secondary education for refugees
was severely limited. Most secondary education teachers are refugees
themselves who either volunteer or are paid by the parents of refugee
children. There were 7,200 refugee children enrolled in secondary
school in Likouala Department, including 2,755 girls.
Employment.--Employment opportunities 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 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 approximately
150,000 CFA ($303), roughly equivalent to three months salary, are
required.
Many refugees work informally in the agriculture sector to obtain
food. Some refugees farm land that belongs to local nationals in
exchange for a percentage of the harvest, or for a cash payment. Other
refugees rent land from local nationals in order to conduct subsistence
farming.
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 2009 presidential election.
Elections and Political Participation.--Recent Elections.--Denis
Sassou-Nguesso was reelected president in the 2009 election with a
claimed 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 gross manipulation of voter lists and
discrepancies between the officially reported rates of voter
participation and those observed by independent election observers. The
African Union declared the elections free and fair.
On October 9, the country held a midterm senatorial election for
one half of the senate's 72 seats. The president's ruling party--Parti
Congolais du Travail (PCT)--and its allies won 28 seats, the opposition
won three seats, and five independents were elected. Unlike the
National Assembly and presidential elections, the senatorial elections
are conducted through indirect suffrage.
Political Parties.--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 2009 presidential election.
Following that election and the August 17, 2011 selection of three
new ministers, the government included high-ranking politicians from
northern ethnic tribes as well as representatives from other regions
and ethnicities.
Participation of Women and Minorities.--After the October Senate
elections, 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.
Many indigenous persons--largely Pygmies--were excluded from the
political process due to their isolation in remote areas, lack of
registration, cultural barriers, and stigmatization by the majority
Bantu population (see section 6). However, indigenous rights were
strengthened by the parliament's passage of an indigenous persons
rights protection bill in December 2010, which became law on February
25 upon President Sassou-Nguesso's signature of the legislation.
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 most recent Worldwide Governance Indicators, government
corruption was a severe problem, although the Bank and the
International Monetary Fund (IMF) noted the government undertook
significant reform measures to combat corruption. For example, in
February 2010 the government undertook to identify and remove
nonexistent civil servants known as ghost workers from the payroll. The
effort was ongoing and by year's end an estimated 2,700 ghost workers
had been identified. Many of the beneficiaries of this corruption
scheme received one or more fraudulent salaries in addition to the
salary they earned from their legitimate position.
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 government
officials, through bribes or other fraud, regularly diverted revenues
from these industries into private overseas accounts before the
remaining revenues were declared officially. Some funds have been
properly repatriated, but most remain unlocated. A number of ministries
were also identified as having diverted funds to secret accounts,
including the ministries of education, health, and foreign affairs, the
latter of which is being internally investigated for receiving funds to
operate several nonexistent embassies abroad.
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. For example, the IMF completed consultations on an
Extended Credit Facility in mid-year, but the government refused to
provide certain financial information from the Ministry of Finance and
the Treasury concerning the state-owned oil company.
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 when publishing their
findings on human rights cases. Government officials generally were
more cooperative with and responsive to international groups than to
domestic human rights groups. Some domestic human rights groups tended
not to report specific incidents for fear the government would impose
obstacles to their work.
Government Human Rights Bodies.--The government-sponsored Human
Rights Commission (HRC) is charged with acting as a government watchdog
and addressing public concerns on human rights issues. Some civil
society members claimed that the commission was completely ineffective,
lacked independence, was primarily represented by persons who have no
expertise in human rights, and was created to appease the international
community. President Sassou-Nguesso appointed most, if not all, of its
members.
In 2011 the Human Rights Commission did not undertake activities to
directly respond to human rights problems in the country. Instead the
organization focused on reforming its institutional structure, and on
increasing its subject matter expertise through attendance at
international conferences on human rights.
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 a local
women's group, the penalties for rape could be as little as several
months' and rarely more than three years' imprisonment, despite what
the law says. The government established two centers in Brazzaville to
provide care to rape victims. The government could not provide national
figures for cases of rape in 2011.
Rape was common, although the extent of the problem was unknown
because the crime was seldom reported. Fewer than 25 percent of
reported rape cases were prosecuted, according to local and
international NGO estimates. In August 2010 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.
Domestic violence against women, including rape and beatings, was
widespread but rarely reported. There were no specific provisions in
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 and/
or retaliation, as well as a lack of confidence in the courts to
address human rights abuses. 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 if convicted 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'
imprisonment. 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.
Reproductive Rights.--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 U.N.
Population Fund (UNFPA) in 2008, only an estimated 13 percent of
married women ages 15-49 used some form of 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 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.
Discrimination.--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. 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 these problems, 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.
Birth Registration.--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.--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
birth certificate. 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.--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.
Child Marriage.--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 minimum age in this
special circumstance. The penalty for forced marriage between an adult
and a child is a prison sentence of three months to two years and a
fine of 150,000 CFA ($300) to 1,500,000 CFA ($3,000).
Sexual Exploitation of Children.--There were cases of children,
particularly those who lived on the streets, engaging in prostitution
with third-party involvement. The prevalence of the problem remained
unclear, although the U.N. Children's Fund (UNICEF) estimated in a 2007
report that 25 percent of the approximately 1,800 internationally
trafficked children were sexually exploited.
The minimum age for consensual sex is 18. The maximum penalty for
sex with a minor is a prison sentence of five years and a fine of
10,000,000 CFA ($20,000).
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 ($20,000), 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 ($1,000).
Displaced Children.--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.
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 http://state.gov/j/tip.
Persons With Disabilities.--The law prohibits discrimination
against persons with physical, sensory, intellectual, or mental
disabilities in employment, education, access to health care, or in the
provision of other state services, although the government generally
did not enforce the law.
There were no laws mandating access for persons with disabilities.
The Ministry of Social Affairs is the lead ministry responsible for
these issues.
National/Racial/Ethnic Minorities.--The law prohibits
discrimination based on ethnicity; however, the government did not
effectively enforce this prohibition.
Regional ethnic discrimination existed among all ethnic groups and
was evident in government and private sector hiring and buying
patterns. The relationships among ethnic, regional, and political
equities can be difficult to discern. A majority of the president's
cabinet members and generals originate from the country's northern
Departments.
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 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.
The 2007 national census estimated the indigenous population to be
2 percent of the general population, equivalent to an estimated 74,000
persons.
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 promulgated during the
country's colonial era and still in force prohibits homosexual conduct
and makes it 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 against gays, lesbians, or
transgendered individuals during the year.
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 organizations advocating the rights
of persons 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. Freedom of Association and the Right to Collective Bargaining.--
The law allows workers to form and join unions of their choice without
previous authorization or excessive requirements. Workers exercised
this right in practice. However, members of the security forces and
other essential services do not have this right. 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. The law also provides that for strikes in services that
are ``essential for protecting the general interest,'' employers
establish a ``minimum service,'' in which the refusal to take part is
considered gross misconduct.
The law also provides for the right to bargain collectively, and
workers generally exercised this right freely, although collective
bargaining was not widespread due to the severe economic conditions. In
one case where collective bargaining was not allowed, Congolese
employees of a Chinese construction company who were building a highway
from Pointe Noire to Brazzaville were denied employment contracts, paid
under the country's minimum wage, and were subject to dismissal for
absences of three consecutive days, irrespective of the reason for the
absences,
The law prohibits antiunion discrimination, and 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.
b. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, including by children. There were
unconfirmed reports that such practices occurred. Such cases involved
child trafficking victims who were forced to fish, work in markets, or
participate in domestic servitude for little or no compensation.
Children--mostly from Benin, and also Togo, Mali, Guinea, Cameroon,
Senegal, and the DRC--are subjected to forced domestic labor, market
vending, and fishing. Child victims experience harsh treatment, long
work hours, and have almost no access to education or health services;
they receive little or no remuneration for their work.
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 http://state.gov/j/tip.
c. 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.
The most common forms of child labor were in markets, commercial
fishing, or in domestic servitude, where children were subject to harsh
conditions, long hours, and little or no pay. Children worked with
their families on farms or in small businesses in the informal sector
without government monitoring. Children are engaged in the worst forms
of child labor in agriculture and domestic service. There were no
official government statistics on general child labor. However, a 2005
International Labor Organization survey showed that 85 percent of the
sample of 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 ineffective. As in the
previous year, limited resources prevented the ministry from carrying
out a review of the formal sector, which would include 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.
Also see the Department of Labor's Findings on the Worst Forms of
Child Labor at http://dol.gov/ilab/programs/ocft/tda.htm.
d. Acceptable Conditions of Work.--The national minimum wage was
54,000 CFA ($109) per month in the formal sector. 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
executive summary
Cote d'Ivoire is a democratic republic. On May 21, Alassane
Ouattara, leader and candidate of the opposition party Rally for
Republicans (RDR), was officially inaugurated president. The
inauguration followed the April 11 capture of Laurent Gbagbo, the
former president who refused to accept the results of the October and
November 2010 presidential election. The U.N. and international and
domestic observer missions declared the vote fair and democratic and
recognized Ouattara as the country's duly elected president; however,
President Ouattara and former president Gbagbo took separate oaths of
office in December 2010 and remained in a standoff over the presidency
until Gbagbo's capture. Post-electoral violence perpetrated by both
sides, but attributable primarily to pro-Gbagbo forces, resulted in
approximately 3,000 deaths, significant population displacement,
torture, sexual violence, and widespread property destruction. On March
17, President Ouattara combined the former rebel Forces Nouvelles (FN)
with cooperating elements of the Defense and Security Forces (FDS), the
former government's security forces, into the Republic Forces of Cote
d'Ivoire (FRCI), the country's new official military. Until President
Ouattara's official inauguration in May, security forces, who largely
supported former president Gbagbo, did not report to civilian
authorities. Following the inauguration, violence significantly
decreased, but there still were instances in which elements of the
security forces acted independently of civilian control--particularly
FRCI members ineligible for the unified military, armed pro-Gbagbo
groups supported under the former regime, and endemic militia groups in
the West.
The postelectoral conflict involved serious human rights abuses
committed by both sides. Under Gbagbo, state-sponsored death squads,
government security forces, and militia groups intimidated and silenced
perceived or actual pro-Ouattara supporters. Gbagbo also reportedly
hired Liberian mercenaries that were implicated in numerous human
rights abuses. Abuses were also committed by the FRCI and other
militant groups fighting against Gbagbo. There were numerous reports
that the FRCI committed extrajudicial killings on the battlefield and
also failed to protect pro-Gbagbo populations from reprisal killings in
the wake of the FRCI's advance. Dozos, or traditional hunters, and pro-
Ouattara militia groups participated in reprisal killings, primarily in
the western region of the country; although there was no confirmation
of allegations that the Ouattara government provided financial,
material, or logistical support to militia groups that were sympathetic
to Ouattara and the FRCI, although investigations continued at year's
end.
The most important human rights problems in the country included
state-sponsored killings under Gbagbo; extrajudicial killings, torture,
rape, and displacement of persons committed during the postelectoral
violence; and disregard for civil liberties and political rights.
Other human rights problems under the Gbagbo government included
the following: restriction of citizens' right to change their
government; enforced disappearances; life-threatening prison and
detention center conditions; arbitrary arrest and detention; denial of
fair public trial; arbitrary interference with privacy, family, home,
and correspondence; police harassment and abuse of noncitizen Africans;
restrictions on freedoms of speech, press, peaceful assembly,
association, and movement; official corruption; discrimination and
violence against women, including female genital mutilation (FGM);
trafficking in persons; discrimination against lesbian, gay, bisexual
and transgender (LGBT) individuals, persons with disabilities, and
persons with HIV/AIDS; child abuse and exploitation, including forced
and hazardous labor; and forced labor.
Other human rights problems under the Ouattara government included
poor prison and detention center conditions; arbitrary arrests and
detention; and arbitrary interference with privacy, family, home, and
correspondence. The government restricted speech, press, assembly,
association, and movement. Corruption was pervasive. Discrimination and
violence against women and children, including FGM, was a problem, as
was trafficking in persons. Discrimination against persons with
disabilities and persons with HIV/AIDS also was a problem. There were
reports security forces targeted LGBT individuals for abuse. Forced and
hazardous labor, including by children, was common.
Impunity for abuses committed by the security forces remained a
serious problem. The Ouattara government reiterated its commitment to
respect human rights and punish the perpetrators of human rights
abuses, regardless of party affiliation; however, little progress was
made during the year. In May President Ouattara asked for assistance
from the International Criminal Court (ICC) to investigate human rights
abuses committed during the postelectoral crisis. On November 29,
former president Gbagbo was indicted under an ICC arrest warrant for
crimes against humanity and transferred to The Hague, where he was
awaiting trial at year's end. The Ouattara government also created a
national-level Dialogue, Truth and Reconciliation Commission (DTRC), a
national Commission of Inquiry (COI), and a Special Prosecution Cell to
address human rights abuses committed during the postelectoral crisis.
Section 1. Respect for the Integrity of the Person, Including Freedom
from:
a. Arbitrary or Unlawful Deprivation of Life.--During the
postelectoral crisis there were numerous reports that the Gbagbo
government or its agents systematically attacked and killed Ouattara
supporters and shot and killed demonstrators. The FRCI and other
militia groups either independent or loosely aligned with pro-Ouattara
forces committed reprisal attacks and summary executions (see section
1.g.).
b. Disappearance.--During the year there were reports of
politically motivated disappearances committed by security forces and
militia groups under the Gbagbo government (see section 1.g.).
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution and law prohibit such practices; however,
pro-Gbagbo security forces and police beat and abused detainees and
prisoners to punish them, extract confessions, or extort payments with
impunity. There were reports that police officers under the Gbagbo
government forced detainees to perform degrading tasks under threat of
physical harm and continued to harass and extort bribes from civilians,
usually on the basis of ethnic identity.
During the postelectoral crisis there were reports that non-
Ivoirian Africans, mostly from neighboring countries, were subject to
harassment and abuse by pro-Gbagbo security forces and militia groups,
including repeated document checks, extortion, and racketeering.
There also were reports that the FRCI sometimes used cruel and
degrading treatment during the postelectoral crisis. Violence against
women, including rape, was widespread during the year and committed by
various actors (see section 1.g.).
Prison and Detention Center Conditions.--During the postelectoral
crisis many of the country's 33 prisons were damaged and looted, and in
several towns prisoners were freed by unidentified elements during the
course of the fighting. Government records from the beginning of the
year were lost or were destroyed in the looting. In the 22 prisons
located in the South, overcrowding had been 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 until March 3, when
unidentified armed elements freed all inmates. Conditions in MACA were
notoriously poor; however, wealthier prisoners reportedly could ``buy''
extra cell space, food, and even staff to wash and iron their clothes.
The Gbagbo government provided inadequate food rations, which resulted
in cases of severe malnutrition if families of prisoners did not
provide additional food.
On August 16, MACA prison was renovated and reopened with 16
prisoners; by October 7, it held 507 prisoners. Conditions in MACA
improved as a result of renovations and sufficient cell space for
prisoners; however, the Ouattara government continued to provide
inadequate food rations at a cost of FCFA 300 ($0.60) per person per
day.
Across all government prisons, male minors, few in number, were
generally held separately from adult men; however, some minors were
detained with their adult accomplices. Pretrial detainees were held
with convicted prisoners. Prisoners and detainees had access to
visitors and were permitted religious observance. Prisoners could
submit complaints to judicial authorities without fear of censorship,
and prison authorities investigated credible allegations of inhumane
detention conditions.
Under the Gbagbo government, prison conditions for women were
particularly difficult, and health-care facilities inadequate. There
were credible 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. By year's end conditions for the few remaining female
inmates had improved, due in part to increased space in the prisons.
The Ouattara government generally permitted access to prisons by
the International Committee of the Red Cross (ICRC) and the U.N.
Operation in Cote d'Ivoire (UNOCI). Although the Ouattara government
did not initially authorize a June ICRC request to visit former
President Gbagbo, his wife, and their associates, it granted permission
the following month, and the ICRC visited Gbagbo in July. The ICRC
visited Simone Gbagbo in November.
The Gbagbo government granted the ICRC access to prisoners and
detainees throughout the postelectoral crisis. The ICRC visited
prisoners in the prisons and detainees in the police stations under
Gbagbo's control without problems.
On several occasions during the year, UNOCI's human rights division
visited former president Gbagbo and his associates to assess their
detention conditions. In Bouna UNOCI voiced concern that inmates were
not allowed family visits and that hygiene and sanitary conditions were
poor, complaints that were subsequently addressed by prison
authorities. UNOCI's visits with former president Gbagbo confirmed that
he was not being mistreated.
Although the FN officially transferred prisons under its control to
the Gbagbo government in January 2010, before the election and
postelectoral crisis, in practice the FN did not transfer operational
control until after Gbagbo's detention. At year's end all of the
country's 33 prisons were under the Ouattara government's control, but
only 16 were operational.
Detention and prison conditions in former FN rebel zones were poor,
with detainees sometimes held in converted schools, movie theaters, or
other buildings with poor air circulation and sanitary facilities.
Prison guards were not properly trained. Nutrition and medical care
were inadequate due to budget constraints. Some detainees became ill,
and some died from respiratory disease, tuberculosis, or malaria due to
lack of medical care and unhygienic conditions.
d. Arbitrary Arrest or Detention.--The constitution and law
prohibit arbitrary arrest and detention; however, in practice this
occurred frequently under the Gbagbo government and infrequently under
the Ouattara government.
Role of the Police and Security Apparatus.--The FDS, under former
president Gbagbo's Ministry of Defense, 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. During the postelectoral crisis the security
forces were either supportive of former president Gbagbo (such as the
presidential security force) or relatively neutral (such as the
police). Building upon almost a decade of politicization of the
military, during the postelectoral crisis former president Gbagbo
disarmed and marginalized forces suspected of being pro-Ouattara and
concentrated his power in security forces with close ethnic ties to his
regime. These security forces were used solely to consolidate Gbagbo's
hold on power, and they ceased all other functions or activities for
the nation as a whole. Gbagbo also used militia groups during the
postelectoral crisis to maintain power, such as the Young Patriots, the
Group of Patriots for Peace, and the militant Student Federation of
Cote d'Ivoire (FESCI). Militia groups fought alongside government
security forces and in some cases were given weapons and encouraged to
join the national army (see section 1.g.).
In response Ouattara created the FRCI on March 17, combining the FN
forces with some anti-Gbagbo elements of the FDS that had fled north.
However, as the FRCI advanced through the South, they were joined by a
variety of irregular volunteers. These volunteers were not a part of
the FRCI but fought alongside them on some occasions and for a similar
cause. As the FRCI advanced, their numbers swelled due to these
additions, but officially none of those who joined were considered FRCI
despite wearing a t-shirt or hat with the FRCI insignia. The matter was
further complicated because the Ouattara government had not completed a
survey of those under the official control and command of the new
military leadership prior to the FRCI's formation. Therefore,
attributing crimes or abuses committed during the postelectoral
violence to official FRCI security forces was often difficult. At
year's end the survey to determine eligible from ineligible FRCI forces
continued.
The police, officially under the jurisdiction of the Ministry of
Interior, included paramilitary rapid intervention units such as the
antiriot brigade and the Directorate for Territorial Surveillance
(DST), a plainclothes investigating unit. In 2005 the Ministry of
Interior formed the Special Security Command (CECOS) to combat rising
crime in Abidjan. CECOS was a joint endeavor that included members of
the military, gendarmerie, and police. There were allegations that
CECOS formed death squads to kill opponents of Gbagbo during the
postelectoral crisis.
During the postelectoral crisis many police and gendarmes abandoned
their posts, and their stations were looted, resulting in a security
vacuum in a large portion of the country. For example, on March 30, in
Yamoussoukro, the police prefect's office was reportedly looted by ex-
prisoners who were earlier freed by unidentified armed people. The ex-
prisoners looted the office and took all the archives, including their
own case files. Also on March 30, young civilians reportedly looted the
gendarmerie brigade of Yamoussoukro.
Under Gbagbo, poor training and supervision of security forces,
corruption, and a failure to prosecute miscreants in the security ranks
resulted in general lawlessness and public disrespect for authorities.
Racketeering at roadblocks remained a serious problem. Security forces
harassed, intimidated, abused, and confiscated the official documents
of persons who refused to pay bribes. Gbagbo 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. On numerous occasions security forces failed to prevent
violence.
The Ouattara government announced plans to reform the security
sector and to demobilize armed elements not part of the formal security
forces. For example, Ouattara dissolved CECOS, although their members
had already disbanded, and reconstituted the Republican Guard. Reports
of racketeering decreased in Abidjan after the postelectoral crisis, as
did reports of police stopping motor vehicles. In the areas of the
country traditionally aligned with Gbagbo, especially in the West,
racketeering increased in the immediate postelectoral period; however,
by year's end the Ouattara administration had significantly reduced
illegal checkpoints. The Ouattara government detained approximately 45
police and military personnel who were accused of abuses or misconduct
during or after the postelectoral crisis; a small number of those
detained were released on provisionary bail, while the majority
remained in detention at year's end awaiting trial.
The Ouattara government established an official Military Police in
December to allow security forces to internally investigate abuses.
There were numerous civilian-controlled mechanisms to investigate
abuses by security forces, including abuses committed during the
postelectoral crisis. Such mechanisms included a Special Prosecution
Cell, the national Commission of Inquiry, and continuing investigations
by the Ministry of Justice.
Arrest Procedures and Treatment While in Detention.--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
with prior authorization from the prosecutor. 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.
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 matters of national security, detainees
were sometimes 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.
Following the postelectoral crisis some members of the former
ruling party, including former president Gbagbo, were held under house
arrest. With the exception of the former president and first lady, the
Ouattara government moved the detainees to detention centers. In August
the Ouattara government brought formal charges against former president
Gbagbo, the first lady, and the other detainees. As a sign of good
will, some of these detainees were released by the Ouattara government
in November.
The Ouattara government received criticism for the four-month delay
in bringing charges against the detainees. According to the Ouattara
government, the delay in bringing charges against former president
Gbagbo stemmed from a lack of judicial capacity, as a result of the
looting and damage to ministry buildings during the postelectoral
crisis, as well as the significant administrative hurdles associated
with bringing charges against high-level government officials. For
example, before charging former president Gbagbo, the Constitutional
Council first had to authorize the decision to bring charges against
him.
The DST was responsible for 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 some cases of detentions exceeding the statutory limit.
Arbitrary Arrest.--There were numerous reports of arbitrary arrests
by pro-Gbagbo security forces. For example, a supporter of the pro-
Ouattara coalition party, the Union of Houphouetists for Democracy and
Peace (RHDP), was arrested during a January 4 raid by the FDS on the
headquarters of the Democratic Party of Cote d'Ivoire (PDCI) and
released from detention on 5 January.
There was at least one detention case from 2010 addressed during
the year. On February 1, four Ghanaians and one Togolese national were
released by the FN police director in Bouake. The five had been
arrested in December 2010 for alleged mercenary activities on behalf of
former president Gbagbo, but were released due to insufficient
evidence.
Pretrial Detention.--Prolonged pretrial detention was a problem
under the Gbagbo government. Despite the legal limit of 10 months of
pretrial detention in civil cases and 22 months in criminal cases, some
pretrial detainees were held for years. However, as most prisoners were
freed during the postelectoral crisis, and prison records were looted
or loosely kept, statistics on pretrial detainees for the year were not
available. There was little information on pretrial detention under the
Ouattara government, as most detention centers did not resume
functioning following the postelectoral crisis until late in the year.
During the year it was not a problem as there were virtually no
prisoners. However, there was no assurance that the Ouattara
administration addressed the institutional challenges that facilitate
extended pretrial detention.
e. Denial of Fair Public Trial.--The constitution and law provide
for an independent judiciary, and the judiciary was generally
independent in ordinary criminal cases; however, the judiciary has
historically followed the lead of the executive in national security or
politically sensitive cases and was subject to influence from the
executive branch, the military, and other outside forces. Judges were
corrupt, and their rulings were frequently influenced by bribes. During
the postelectoral crisis the judiciary did not function. Under the
Ouattara government, the judiciary began slowly rebuilding capacity and
attempting to root out corruption but faced significant challenges,
especially in restarting proceedings in the criminal courts.
Trial Procedures.--The Gbagbo and Ouattara governments did not
always respect the presumption of innocence, although the law provides
for it. The law also provides for the right to public trial, although
key evidence sometimes was given secretly. Juries were used only in
trials at the court of assizes, which convened as needed to try
criminal cases; however, following the postelectoral crisis there were
instances in which the FRCI made summary decisions for resolution of
criminal and economic matters.
Defendants have the right to be present at their trial, and they
can present witnesses or evidence on their behalf or question any
witnesses brought to testify against them. Defendants accused of
felonies have the right to legal counsel at their own expense.
Defendants accused of capital crimes have the right to legal counsel
either at their expense or at the state's expense. 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 law
specifically provides for a grand mediator, appointed by the president,
to bridge traditional and modern methods of dispute resolution.
President Ouattara appointed a new grand mediator in September.
Military courts do not try civilians and provide 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
former FN in the northern and western regions. The system was placed
under the jurisdiction of the government-wide judicial system following
the crisis.
Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees. While some Gbagbo supporters claimed
that former ruling party members held in detention were political
prisoners, the Ouattara government brought specific charges against the
officials four months after their detention, including charges of
economic crimes, armed robbery, looting, and embezzlement.
Civil Judicial Procedures and Remedies.--The constitution and law
provide for an independent judiciary in civil matters; however, the
judiciary, under the Gbagbo regime, was subject to corruption, outside
influence, and favoritism based on family and ethnic ties. Citizens can
bring lawsuits seeking damages for, or cessation of, a human rights
violation; however, they did so infrequently. The judiciary was slow
and inefficient, and there were problems enforcing domestic court
orders.
For most of the year the judiciary did not function. The dismissal
of judges and failure to replace them during the Gbago era, systematic
looting of Ministry of Justice buildings and tribunals during the
postelectoral crisis, and destruction of archives by pro-Gbagbo
supporters seeking to suspend judicial operations effectively halted
civil judicial activities.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The constitution and law provide for these rights;
however, the Gbagbo and Ouattara governments did not respect these
rights in practice. The law requires warrants to conduct searches, the
prosecutor's agreement to retain any evidence seized in a search, and
the presence of witnesses in a search, which may take place at any
time; in practice police sometimes used a general search warrant
without a name or address.
Gbagbo security forces reportedly monitored private fixed-line and
cellular telephone conversations, but the extent of the practice was
unknown. Authorities monitored letters and parcels at the post office
for potential criminal activity, and they were believed to monitor
private correspondence, although there was no evidence of this
activity.
Elements of the FRCI continued to use confiscated property and
vehicles obtained during the conflict, including property of members of
the Gbagbo regime and privately owned property. Some vehicles were
returned, and there were cases of arrest and detention of FRCI members
for alleged robbery and theft.
g. Use of Excessive Force and Other Abuses in Internal Conflicts.--
Killings.--Violence perpetrated by both sides during the postelectoral
period resulted in more than 3,000 deaths.
Security forces loyal to Gbagbo were complicit in extrajudicial
killings and used lethal force to raid areas in which perceived or
actual Ouattara supporters lived. Many killings reportedly took place
with the assistance of pro-Gbagbo militia forces (see below). Attacks
were systematic and used excessive force against civilians, many with
northern names, due to their perceived support for Ouattara. For
example, on March 17, FDS elements shelled private homes and the local
market in Abobo, Abidjan, an area with many perceived or actual
Ouattara supporters. The attack resulted in the deaths of at least 25
civilians and injured 40.
Security forces loyal to Gbagbo also killed demonstrators. On March
3, in Abobo, Abidjan, security forces loyal to Gbagbo opened fire on a
demonstration of approximately 3,000 unarmed women; seven demonstrators
were killed. According to the U.N. Human Rights Council Commission of
Inquiry, no action was taken by the Gbagbo government to hold the
perpetrators accountable.
Security forces loyal to Gbagbo also killed foreign citizens. For
example, on April 4, in Abidjan, unidentified armed persons abducted
the French general manager of the Novotel Hotel and three foreign
guests. On June 2, the body of the general manager was found in a
lagoon in Abidjan; the three foreign guests were presumed dead at
year's end. Under Ouattara the Ministry of Justice arrested and
indicted 10 security force members loyal to Gbago in connection with
the incident.
The Burkina Faso embassy confirmed and formally registered that 357
of its citizens were killed by pro-Gbagbo forces.
There were allegations that security forces loyal to Gbagbo were
complicit in the use of mass graves in N'dotre in 2010. In December
2010, after being denied access to the area, heavily guarded by pro-
Gbagbo security forces, UNOCI's human rights division gained access in
mid-March. Although the allegations of mass graves could not be proven,
it was noted that there were 250 bodies with suspicious injuries in a
morgue in nearby Anyama.
The FRCI also committed extrajudicial killings in the months
immediately following its March 17 creation. Many killings were
reprisal attacks on perceived or actual Gbagbo supporters. For example,
on April 1, in the Seweke III neighborhood of San Pedro, FRCI elements
reportedly shot and killed Gerard Leonce Yagba after he denied
knowledge of the whereabouts of his brother, whom neighbors described
as a militia member.
FRCI elements reportedly executed people suspected of participating
in armed resistance following Gbagbo's April 11 detention. In the
Yopougon neighborhood of Abidjan, armed militia groups and security
forces, loyal to Gbagbo and implicated in dozens of targeted killings
of unarmed pro-Ouattara civilian supporters, continued to fight the
FRCI. In the course of gaining control of the neighborhood, FRCI
elements reportedly executed people suspected of participating in the
fighting. On May 15, FRCI elements in the Koweit neighborhood of
Yopougon allegedly executed a man carrying two pistols who was presumed
to be a militia member.
On August 18, the Minister of Justice demanded the arrest of two
FRCI members after the UNOCI human rights division released information
on their involvement in extrajudicial killings of civilians; however,
there was no information that the two FRCI members had been arrested by
year's end.
Militias affiliated with both parties reportedly perpetrated
arbitrary and unlawful killings.
Pro-Gbagbo militias were responsible for numerous killings, often
reportedly perpetrated in the presence of or with assistance from
security forces loyal to Gbagbo. Members of the Young Patriots, who
were responsible for summary executions in previous years, continued to
operate with impunity during the postelectoral crisis. In late February
and in March, Ble Goude, leader of the Young Patriots, called on
supporters to attack all foreigners and join the army. On February 26,
Young Patriots members reportedly beat a presumed rebel, put a tire
around his neck, poured petroleum on his body, and set the man on fire.
In July the Ouattara government issued an international arrest warrant
for Ble Goude. On May 6, UNOCI's human rights division confirmed the
presence of mass graves in Yopougon. Through their inquiries the
division determined that 68 bodies were buried across 10 sites and that
pro-Gbagbo militias had reportedly killed all of the victims on April
12.
There were several reports of youth supporters of the pro-Ouattara
RHDP coalition participating in armed uprisings to protect
neighborhoods from security forces loyal to Gbagbo. For example, on
February 24 and 25, armed RHDP youth attacked the FDS headquarters in
Daoukro, set up roadblocks, and looted the homes of FDS members loyal
to Gbagbo following a clash between FDS and RHDP youth that left six
dead, including one elderly woman.
Following several months of targeted killings and disappearances
perpetrated by FDS troops loyal to Gbagbo in the Abidjan neighborhood
of Abobo, an armed militia formed under the name of the Invisible
Commando. The militia was ostensibly led by Ibrahim Coulibaly, also
known as ``IB,'' a former FN member and coup plotter. In collaboration
with local residents, the Invisible Commando militia violently resisted
attempts by FDS members to enter the Abobo neighborhood. In the process
of these confrontations, there were numerous reports of civilian
deaths. The Invisible Commando also reportedly attacked pro-Gbagbo
supporters. For example, on March 7, the group attacked the Ebrie
ethnic group in the Anonkoua-Koute District of Abobo, resulting in at
least three civilian deaths. There were no explicit links between the
Invisible Commando militia and the FRCI, which arrested ``IB'' on April
26 in Abobo; the militia leader was killed while reportedly resisting
arrest.
Several groups of perpetrators, including pro-Gbagbo and pro-
Ouattara militias and unaligned groups, were responsible for summary
executions, rape, property destruction, and displacement of citizens in
the western regions of Moyen Cavally and Dix-Huit Montagnes,
particularly the towns of Duekoue, Guiglo, and Toulepleu.
Numerous killings occurred in clashes between indigenous ethnic
groups and northern ethnic groups. In some instances other groups--
including security forces loyal to Gbagbo, Liberian mercenaries, the
FRCI, and Dozos--were complicit in killings. As Gbagbo's efforts to
retain power became increasingly violent and as civil authority
abandoned the region, violence perpetrated by indigenous ethnic groups
against northern ethnic groups increased. In the wake of the FRCI
advance toward Abidjan, ethnic reprisals by Dozos and militias were
widespread.
For example, between January 3 and 5, fighting between the Dioula
and Guere communities in Duekoue left at least 37 people dead and 91
injured. On March 28 and 29, UNOCI reported the deaths of 213 victims
from various ethnic groups. The U.N. Human Rights Council Commission of
Inquiry reported that at least 1,012 people were killed in the ern
regions of Moyen Cavally and Dix-Huit Montanges from December 2010 to
April 24.
Following their May 3 defeat by the FRCI, Liberian mercenaries in
Abidjan retreated toward the Liberian border. There were numerous
reports of extrajudicial killings committed during this time,
particularly in Dabou, Irobo, and Grand-Lahou. The U.N. Human Rights
Council Commission of Inquiry reported that retreating mercenaries
killed at least 59 persons--including 46 civilians and 13 FRCI members.
The security situation in the West remained precarious,
particularly along the Liberian border. On September 15, armed
militiamen from Liberia reportedly killed 23 people in two villages
near the Tai Forest.
Abductions.--There were numerous reports of disappearances,
reportedly perpetrated by several groups. Security forces that
supported Gbagbo and pro-Gbagbo militia groups were responsible for
numerous disappearances. The majority of the disappearances involved
non-Ivoirian Africans, particularly those from the neighboring
countries of Burkina Faso and Mali, who were perceived to be Ouattara
supporters.
For example, on February 22, in Abidjan's Hopital Militaire
neighborhood, pro-Gbagbo gendarmes reportedly arrested a Malian driver
and took him to an undisclosed location. The whereabouts of the driver
were unknown at year's end.
On January 4, a Burkinabe farmer living in the Duekoue Antenne area
disappeared. He had been previously threatened by Guere militia men,
who had accused him of supporting the Malinke community and the RHDP
political party. The man had informed Gbagbo authorities of the
threats, but they had taken no action.
Physical Abuse, Punishment, and Torture.--There were credible
reports that armed men, including pro-Gbagbo and FRCI security forces,
raped women and girls throughout the country. In some cases it was
difficult to determine the affiliation of perpetrators. The UNOCI Human
Rights Division documented 46 cases of rape related to electoral
violence from December 2010 to April 24. For example, on April 13, two
FRCI soldiers reportedly raped a Gbagbo supporter in her home in
Deahouepleu (near Danane). The perpetrators reportedly threatened the
victim, vandalized her belongings, and stole FCFA 215,000 ($430).
In early February FDS members stationed in Boyapleu purportedly
raped nine women, some of whom were pregnant. One of the victims, who
was two months' pregnant, lost the baby after the rape. Another victim,
a 17-year-old girl, was reportedly beaten up and raped by two FDS
members, who then stole FCFA 20,000 ($40) from her.
Security forces loyal to Gbagbo reportedly used torture. For
example, on January 15, a supporter of the pro-Ouattara coalition
party, the RHDP, who was previously arrested during a January 4 raid by
the FDS on the headquarters of the Democratic Party of Cote d'Ivoire
(PDCI), was rearrested, tortured, and sexually abused by elements of
the Republican Guard.
On March 28, FDS members and Guere militia men arrested a Malinke
man for allegedly hosting rebels in his home. They tied him up and beat
him with machetes, sticks, and rifle butts. They detained the victim
for 14 hours and demanded FCFA 200,000 ($400) to be release him.
There were also reports of torture by the FRCI. On May 20, FRCI
members in Duekoue bound a man to a tree by tying a mattress around him
and then set the mattress on fire. The man was severely burned on his
left arm. There were several reports that FRCI members also tortured
people by dripping burning plastic bags on their bodies.
Child Soldiers.--There were allegations of use of child soldiers by
both the FRCI and pro-Gbagbo militia during the height of the crisis;
however, there was no information documenting actual practice. After
Ble Goude's March 19 call for more people to fight against Ouattara
supporters, hundreds of young men, including some students, reportedly
sought to enroll in the army to fight ``the rebels.'' According to
UNOCI's child protection unit, there was no evidence of the use of
child soldiers by the FRCI.
Other Conflict-related Abuses.--The postelectoral violence caused
thousands to flee their homes. At its peak more than one million
persons were internally displaced and 200,000 took refuge in
neighboring countries, primarily in Liberia, Ghana, and Togo. In the
months following Gbagbo's detention, internally displaced persons
(IDPs) and refugees started to return home, but many had not returned
by year's end due to lingering security concerns. As of December,
186,000 IDPs remained, primarily in the west and southwest regions of
the country, and the number of refugees in neighboring countries had
dropped to approximately 160,000, the vast majority in Liberia.
Both the state-run media and pro-Gbagbo militias incited violence
against the U.N. and UNOCI, which made it more difficult for them to
carry out their peacekeeping, human rights, and humanitarian work. On
January 10, a supply convoy was looted by forces loyal to Gbagbo while
taking supplies to the Golf Hotel where Ouattara was under siege. On
January 13 pro-Gbagbo student militants seized and burned a U.N.
vehicle in the Riviera 2 neighborhood of Abidjan. On February 28, the
Gbagbo regime also ordered the shutdown of electricity and water to the
North, which impeded U.N. operations there. Services were restored on
March 5.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--Status of Freedom of Speech and
Press.--The constitution and law provide for freedom of speech and
press, but the Gbagbo government restricted these rights in practice.
Restrictions on press freedom significantly diminished under the
Ouattara government.
Freedom of Speech.--There were no official restrictions on the
ability of individuals to speak and assemble. However, on March 3,
soldiers loyal to the Gbagbo government fired on a demonstration of
women in the Abobo neighborhood of Abidjan, killing seven (see section
1.g.). On October 8, an FPI rally in Koumassi, Abidjan, was attacked by
unidentified individuals. On October 15, the Ouattara government
prevented the FPI from holding a rally in Yopougon, Abidjan.
Freedom of Press.--Several private newspapers criticized ruling and
opposition parties during both the Gbagbo and Ouattara governments.
Most newspapers, however, were politically aligned and sometimes
resorted to fabricated stories to defame political opponents. During
the postelectoral crisis the media played a major role in inflaming
tensions, and newspapers backed by political parties published
inflammatory editorials. Media freedoms were drastically curtailed, and
journalists were harassed for reporting on the political standoff.
Following Gbagbo's arrest the state-owned daily newspaper Fraternite
Matin switched allegiance to the Ouattara government.
The 2004 Press Law prohibits the transmission of any political
commentary by private radio stations. Prior to Gbagbo's capture, the
National Audiovisual Communication Council (CNCA), controlled by the
Gbagbo government, closely monitored Radio Nostalgie, reportedly
because the major shareholders of the company were close to Ouattara.
Prior to the December legislative elections, the Audiovisual
Communications Authority (HACA), which had replaced the CNCA, issued a
reminder of this prohibition.
The Gbagbo government exercised considerable influence over news
coverage and program content of the state-run television channel RTI.
The U.N. and other international organizations criticized Gbagbo for
using the media to incite political violence and exploit ethnic
tensions. Singling out RTI and the Fraternite Matin newspaper, the U.N.
accused both media outlets of leading a calculated campaign of
disinformation against President Ouattara and the UNOCI peace-keeping
force.
RTI, which was controlled by Gbagbo loyalists during the crisis,
was repeatedly targeted by Ouattara's forces and later closed following
heavy damage to its headquarters and broadcasting facility. RTI
reopened on August 9 and the new state broadcast regulator, HACA,
stressed that safeguards were in place to prevent RTI from reprising
its previously divisive role. Upon RTI's return to the airwaves, the
Ouattara-controlled Television Cote d'Ivoire, which transmitted from
Ouattara's headquarters at the Golf Hotel, ceased broadcasting.
Until the former president's arrest, forces loyal to Gbagbo
deliberately interfered with UNOCI radio station ONUCI-FM. UNOCI, which
criticized forces loyal to Gbagbo who jammed the station, continued to
operate by broadcasting its programs through the Bouake radio station
in the North.
The country's media regulatory agencies were politicized, and both
the Gbagbo and Ouattara governments hired and fired directors according
to their political leanings. In December 2010 the CNCA banned all
foreign television and radio stations. On April 13, President Ouattara
revoked the ban and subsequently replaced the CNCA with the HACA.
Violence and Harassment.--Security forces loyal to Gbagbo and pro-
Gbagbo militias harassed journalists during the postelectoral crisis,
particularly pro-Ouattara journalists. For example, on March 10,
security forces loyal to Gbagbo cordoned off the premises of Edipresse,
the national newspaper printing and distribution company, and demanded
that publications supportive of Ouattara not be distributed. The
company also decided to suspend the distribution of pro-Gbagbo dailies
until the ban was lifted the following day.
Additionally, on January 28, journalists Aboubacar Sanogo and
Yayoro Charles Lopez, affiliated with a newspaper backing the FN, were
arrested on allegations of ``rebellion'' and ``threatening national
security'' and held for 20 days at the gendarmerie's criminal
investigation department without formal charge. According to Reporters
Without Borders, the journalists were mistreated by the authorities,
who hit them with rifle butts and burned them with cigarettes. The
journalists were moved to Abidjan's MACA prison, still without formal
charges, and remained there until March 31, when all MACA inmates were
set free by unidentified armed elements.
There were instances in which pro-Gbagbo journalists reportedly
faced violence and harassment from FRCI members. In April the offices
of three pro-Gbagbo newspapers--Notre Voie, Le Temps, and Le Nouveau
Courrier--were looted and forced to close. The newspapers did not
resume publication until late May and early June. After it resumed
publishing on June 8, Le Temps newspaper was suspended twice by the
National Press Commission, which deemed several of its antigovernment
articles as incitement to hatred and ethnic violence.
On June 4, six armed men, reported to be elements of the FRCI,
arrived at the home of Serge Grah, a journalist for Le Temps, claiming
they were looking for information. They detained Grah for 13 hours and
took his computer.
The Ouattara administration ordered the arrest of three journalists
from the opposition newspaper Notre Voie on November 24. The
journalists were charged on November 29 with using the press to incite
``theft and looting and the destruction of private property.'' The
charges were later reduced, and the three journalists were fully
exonerated on December 6 in a trial that lasted less than one hour.
Although the Gbagbo government took no action against the
perpetrators of violence against journalists, the Ouattara government
occasionally did. For example, on July 21, the Ouattara government
indicted RTI journalist Hermann Aboa on numerous charges, including
inciting hatred, breach of public order, undermining national defense,
and participation in an armed gang. Reporters Without Borders called
for Aboa's release from jail, alleging that the charges against Aboa
were false. At year's end Aboa was reportedly being held in Abidjan's
MACA prison. Authorities were still investigating him, a process which
they said could take up to five years. No date was set for his trial.
Libel Laws/National Security.--The law authorizes the government to
initiate criminal libel prosecutions against officials. In addition the
state may criminalize a civil libel suit at its discretion or at the
request of the plaintiff. Criminal libel was punishable by three months
to two years in prison.
The FN broadcast its own programming from Bouake, which included
radio and television shows that were heard in towns and villages around
Bouake and, according to some reports, in the political capital,
Yamoussoukro. In the western part of the country, the FN broadcast on a
local radio station from Man. The FN continued to allow broadcast of
government television or radio programs in the former zones, but there
were some reports that the FN did not allow distribution of some pro-
Gbagbo newspapers.
No action was taken against FN forces that beat, harassed, and
killed journalists in previous years.
Internet Freedom.--There were no restrictions by the Ouattara
government on access to the Internet or reports that the government
monitored e-mail or Internet chat rooms. Individuals and groups could
engage in the peaceful expression of views via the Internet; including
by e-mail. During the postelectoral crisis, however, the Ivorian
Telecommunication Agency, which was controlled by Gbagbo, ordered
Internet service providers to prevent access to several Web sites
publishing pro-Ouattara reports. Despite the order the sites remained
unblocked. The Gbagbo government also suspended all text messaging
services, which were not restored until the Ouattara government assumed
power.
Academic Freedom and Cultural Events.--The Gbagbo government
restricted academic freedom. FESCI, the pro-Gbagbo 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 Gbagbo government
controlled most educational facilities, and a presidential decree
required authorization for all meetings on campuses. FESCI members were
known to kill and torture other students, teachers, and civilians with
impunity. During the postelectoral crisis FESCI members reportedly set
up roadblocks, extorted money from students and civilians, and used
violence to intimidate pro-Ouattara supporters. On March 4, a group of
FESCI youth reportedly raided and vandalized the residences of two
politicians supportive of Ouattara.
Following the crisis the Ouattara government implemented policies
that severely limited FESCI's ability to operate. Universities remained
closed after the end of the crisis, and all dorm rooms were ordered
vacated. In addition the government passed a decree that bans student
groups from participating in national politics. Student groups are now
only allowed to address student issues on university campuses.
Due to the postelectoral crisis many students were unable to attend
school. The U.N. Office for the Coordination of Humanitarian Affairs
estimated that, as a result of missed classes, 5 percent of primary
school students (17,754 out of 338,354 enrolled) were not able to take
the end-of-year examination. As of September schools in Moyen Cavally
remained closed, including five schools reportedly occupied by FRCI
elements. Most students were able to take the end-of-year high school
exams; however, scores were significantly lower than in 2010. The
national director for exams speculated the lower scores resulted from
class interruptions during the crisis and trauma caused by the
violence.
b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The law allows for freedom of assembly. The Gbagbo regime
restricted this right in practice and extended a six month renewable
ban on public protests. The Ouattara government sometimes restricted
freedom of assembly. For example, on October 15, the Ouattara
government prevented the FPI from holding a rally in Yopougon, Abidjan.
The Ouattara government allowed the ban on public demonstrations to
expire. 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.
Pro-Gbagbo police dispersed antigovernment demonstrations violently
several times during the postelectoral crisis (see sections 1.g. and
2.a).
The Ouattara government did not violently disperse protests;
however the Ouattara government ended two FPI demonstrations, citing
security reasons.
No action was taken against security force members who forcibly
dispersed demonstrations in previous years.
Freedom of Association.--The law provides for freedom of
association, and the Gbagbo and Ouattara governments generally
respected this right; however, the law prohibits the formation of
political parties along ethnic or religious lines, although the former
was apparently a key factor in some parties' membership.
c. Freedom of Religion.--See the Department of State's
International Religious Freedom Report at www.state.gov/j/drl/irf/rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution and law do not
provide specifically for freedom of movement, foreign travel,
emigration, or repatriation. Both governments restricted freedom of
movement during the year.
The Gbagbo government encouraged the deliberate targeting of U.N.
personnel, which impeded efforts by the Office of the U.N. High
Commissioner for Refugees (UNHCR) to protect and assist IDPs, refugees,
returning refugees, asylum seekers, stateless persons, and other
persons of concern during the crisis. Under the Ouattara government,
cooperation with the UNHCR and other international NGOs resumed, and
U.N. personnel were able to move freely.
In-country Movement.--There were frequent restrictions on internal
travel. Security forces, local civilian ``self-defense'' committees,
and water, forestry, and customs officials and other unidentified
groups reportedly erected and operated roadblocks on major roads, where
they regularly extorted money from travelers. During the postelectoral
crisis numerous roadblocks were erected, less for racketeering purposes
than to monitor the movement of certain groups of people, particularly
Economic Community of West African States (ECOWAS) nationals. Following
resolution of the crisis, these roadblocks dramatically decreased;
however, reports persisted that roadblocks manned by uniformed armed
men continued to be a problem in the southwestern and western regions
of the country. Medical personnel in the Tai Department, one of the
country's 72 local administrations, reported that patients were unable
to obtain health care as a result.
Persons living under FN authority reportedly 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.
Internally Displaced Persons (IDPs).--As of December the U.N.'s
Office for the Coordination of Humanitarian Affairs reported that an
estimated 186,000 IDPs who had fled their homes or villages as a result
of postelectoral violence in the western part of the country and in
Abidjan had not returned home. The majority of the IDPs lived with host
families. In Duekoue approximately 27,000 IDPs had taken refuge in a
Catholic mission outside the town at the height of the conflict; the
ICRC provided tents, medical supplies, water, and latrines. At year's
end approximately 1,700 IDPs (509 families) remained in the mission.
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. As a result of the postelectoral crisis, there were increased
reports of rape and sexual violence against female IDPs.
The Ministry of Foreign Affairs and the Ministry of Labor, Social
Affairs and Solidarity, working in concert with U.N. agencies, took the
lead on IDP matters.
The Ouattara government respected the principle of voluntary
returns, but did not put laws and policies in place to protect IDPs in
accordance with the U.N. Guiding Principles on Internal Displacement.
During the year U.N. agencies and local authorities continued to
facilitate the steady return of IDPs. Shelter was the greatest
impediment to return. Security fears also limited returns in some
areas; however, returnees generally reported that they felt secure and
that the FRCI was providing protection. In December the UNHCR conducted
a five-day protection mission to return zones in Blolequin, Guiglo, and
Toulepleu and found that, on average, 73percent of the displaced
population had returned.
Protection of Refugees.--Access to Asylum.--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 government granted refugee status and asylum.
Refugee Abuse.--Defense and security officers reportedly did not
honor identity documents issued to refugees by the government or by the
UNHCR on some occasions. There were reports that pro-Gbagbo security
forces destroyed refugees' identity documents or arbitrarily detained,
verbally harassed, and beat refugees at checkpoints, particularly
during the postelectoral crisis.
Access to Basic Services.--Liberians made up the majority of the
country's refugees, and approximately 22,500 Liberian refugees remained
in the country at year's end. 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 assisted with the safe, voluntary return of refugees to
their homes.
Temporary Protection.--The government also provided temporary
protection for individuals who may not qualify as refugees under the
relevant U.N. conventions.
Stateless Persons.--The scale of statelessness in the country was
unclear; the UNHCR estimates ranged from a few thousand to as many as
900,000.
Ivoirian 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 Gbagbo government did not respect these rights.
Elections and Political Participation.--Recent Elections.--In
October 2010 the country held its first presidential election in 10
years. Incumbent President Laurent Gbagbo, candidate of the Ivoirian
People's Front (FPI), and opposition RDR party leader Alassane Ouattara
advanced to the November 2010 presidential runoff. In December 2010 the
Independent Electoral Commission (CEI) declared Ouattara the winner of
the runoff with 54.1 percent of the vote; Gbagbo received 45.9 percent.
Voter turnout was recorded at 81 percent. The U.N. Special
Representative of the Secretary General independently certified the
results of the election, determining Ouattara the winner by a margin
similar to that announced by the CEI. As a result the African Union,
ECOWAS, the U.N., and multiple international and domestic observer
teams also recognized Ouattara as the new president. Gbagbo, however,
refused to accept the results, and 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
remained in a standoff over the presidency and took separate oaths of
office in December 2010. Gbagbo retained control of state resources
including the national television station, the security forces, and the
treasury.
The political stalemate plunged the country into crisis. Violence
perpetrated by both sides resulted in approximately 3,000 deaths,
significant population displacement, torture, sexual violence, and
widespread property destruction. On March 17, President Ouattara signed
a decree to unify former rebel forces, the FN and former government
security forces, and the FDS into the FRCI, the country's new official
army. On April 11, the FRCI--with limited assistance from U.N.
peacekeepers and French military forces--captured Gbagbo. On May 21,
President Ouattara was inaugurated.
On December 11, the country held elections for representatives to
the National Assembly. The elections were peaceful and generally free
and fair, despite minor administrative problems. Voter turnout was 37
percent, which was higher than the 32 percent recorded for the 2000
legislative elections.
Preliminary results indicated that President Ouattara's RDR party
won a majority with 127 seats. The PDCI, a pro-Ouattara party, won 77
seats. Independents, some reported to be pro-FPI, won 35 seats. At
year's end the political opposition was poised to have limited
representation in the National Assembly.
Participation of Women and Minorities.--Initial results indicate
there were 29 women elected to the National Assembly.
Section 4. Official Corruption and Government Transparency
The law provides criminal penalties for official corruption. In
prior years, the government did not implement the law effectively, and
officials reportedly 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. President Ouattara vowed to reverse corrupt practices
in the government and asked all ministers in August to sign a code of
ethics.
The 22 cocoa and coffee industry officials arrested in 2008 for
allegedly embezzling FCFA 100 billion ($200 million) were released on
bail in January. A trial date was set for January 2012.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of international and domestic human rights groups reported
harassment from security forces loyal to former President Gbagbo during
the postelectoral crisis.
U.N. and Other International Bodies.--During the postelectoral
crisis security forces loyal to Gbagbo harassed human rights groups,
targeted U.N. personnel and denigrated their work, restricted U.N.
access to certain areas, and obstructed UNOCI human rights
investigators in their efforts to investigate abuses (see section
1.g.).
Under the Ouattara government, UNOCI and 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. The government regularly
permitted the World Food Program, the ICRC, and other international
organizations to conduct humanitarian operations. Eleven U.N. agencies,
including the International Labor Organization and the World Health
Organization, were resident and active throughout the year.
No cases were opened against perpetrators who threatened and
harassed members of human rights organizations in this or previous
years.
Government Human Rights Bodies.--To address the human rights abuses
committed during the postelectoral crisis, the Ouattara government
established the DTRC, a national COI, and a Special Prosecution Cell
within the Ministry of Justice. The DTRC was established as an
independent commission composed of three vice-chairpersons and seven
representative members: one representative for the traditional chiefs,
two religious leaders (Catholic and Muslim), five representatives of
the country's main regions (South, North, Center, East, and West), one
representative of African foreign nationals residing in Cote d'Ivoire,
and one representative of the Ivoirian Diaspora. The COI, officially
established under the Ministry of Human Rights, received a six-month
mandate to conduct investigations. The Ministry of Justice planned to
work with both the DTRC and COI, through its Special Prosecution Cell,
which also was established to investigate crimes committed during the
postelectoral crisis. The Ouattara government was supportive of the
reconciliation process and devoted resources to the COI and the Special
Prosecution Cell; however, the work of these institutions, particularly
the DTRC, remained in the initial stages and little progress was made
during the year to address impunity for abuses committed during the
postelectoral crisis by year's end. The extent of public trust in the
institutions was minimal due to the lack of concrete progress.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The law prohibits discrimination based on race, ethnicity, national
origin, gender, or religion; however, neither the Gbagbo nor Ouattara
governments effectively enforced the law.
Women.--Rape and Domestic Violence.--The law prohibits rape and
provides for prison terms of five to 20 years for perpetrators;
however, the Gbagbo and Ouattara governments did not enforce this law
in practice, and rape was reportedly widespread. A life sentence can be
imposed in cases of gang rape if the rapists are related to or hold
positions of authority over the victim, or if the victim is under 15
years of age. The law does not specifically penalize spousal rape.
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.
On November 27, a 14-year-old girl was raped by her visiting uncle.
The girl's father reported the assault to the police but was told he
had to pay FCFA 30,000 ($60) for a medical examination to open an
investigation; he was unable to pay. He was killed by his daughter's
rapist when he confronted him. Police arrested the rapist in Daoukro
and transferred him to the court in Bongouanou, where his trial
continued at year's end.
There were continued reports of unidentified highway bandits raping
and sexually assaulting women in the western part of the country.
Violence against women, including rape, increased during the
postelectoral crisis (see section 1.g.).
The law does not specifically outlaw domestic violence, and it was
a serious and widespread problem. Domestic violence complaints remained
minimal, and many victims' parents reportedly urged withdrawal of a
complaint because of the fear of social stigma.
During the year the Ministry of Family and Social Affairs provided
limited assistance to victims of domestic violence and rape. The
ministry provided government-operated counseling centers, and ministry
officials visited some victims in their homes.
The National Committee to Fight Violence Against Women and Children
monitored abusive situations through frequent home visits and made
weekly radio announcements of cell phone numbers for victims to call.
Harmful Traditional Practices.--Other forms of societal violence
against women included traditional practices such as dowry deaths (the
killing of brides over dowry disputes), levirat (forcing a widow to
marry her dead husband's brother), and sororat (forcing a woman to
marry her dead sister's husband). The Gbagbo and Ouattara governments
held awareness-raising seminars on sexual violence for judicial and
security personnel.
Sexual Harassment.--The law prohibits sexual harassment and
prescribes penalties of between one and three years of imprisonment and
a fine ranging between FCFA 360,000 and one million ($720 to $2,000).
However, the Gbagbo and Ouattara governments rarely enforced the law,
and such harassment was reportedly widespread and routinely accepted as
a cultural norm.
Reproductive Rights.--Couples and individuals have the right to
decide the number, spacing, and timing of their children. In urban
areas access to contraception and skilled attendance during childbirth
were available to women who could afford it. For women who were poor or
lived in rural areas transportation and the cost of services posed
significant barriers in accessing health centers and hospitals.
Furthermore, threats or perceived threats of violence from husbands or
family members also inhibited some women from seeking family planning
or health services.
Discrimination.--The law prohibits discrimination on the basis of
gender; however, women experienced economic discrimination in access to
employment, credit, and owning or managing businesses. Gbagbo and
Ouattara government policy encouraged full participation by women in
social and economic life; however, there was resistance among employers
in the formal sector to hiring women. Some women also encountered
difficulty in obtaining loans, as they could not meet the lending
criteria.
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. They also campaigned against legal provisions that
discriminated against women and continued their efforts to promote
greater participation of women in national and local politics.
Children.--Birth Registration.--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 FCFA 500 ($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 officially deny public services
such as education or health care to children without documents;
however, some schools reportedly required parents to present children's
identity documents before they could be enrolled.
Education.--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 reportedly 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 reportedly
persisted, particularly in rural areas.
Teachers sometimes reportedly demanded sexual favors from students
in exchange for money or 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 FCFA 100,000 to one million ($200 to
$2,000).
Child Abuse.--Children were victims of physical and sexual violence
and abuse. Claims of child rape were often reclassified as indecent
assault. Between January and August, only three cases of indecent
assault reportedly came before the court of Abidjan. Children accused
of practicing witchcraft were placed in the care of pastors, who
sometimes reportedly 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 impeded
government efforts.
Harmful Traditional Practices.--FGM was reportedly a serious
problem in some parts of the country. The law specifically forbids FGM
and provides penalties for practitioners of up to five years'
imprisonment and fines of FCFA 360,000 to two million ($720 to $4,000).
Double penalties apply to medical practitioners. FGM was practiced most
frequently among rural populations in the North and West. Local NGOs
continued public awareness programs to prevent FGM and worked to
persuade practitioners to stop the practice. However, authorities made
few arrests related to FGM during the year, and practitioners were
rarely charged.
Child Marriage.--The law prohibits the marriage of men under the
age of 20 and women under the age of 18 without the consent of their
parents. The law specifically penalizes anyone who forces a minor under
18 years of age to enter a religious or customary matrimonial union.
However, in conservative communities--particularly those in the North--
traditional marriages were reportedly performed with girls as young as
14. In December the Ministry of Family, Women, and Children organized
awareness-raising and sensitization activities against child marriage
in Divo, in the northern part of the country.
Sexual Exploitation of Children.--The minimum age of consensual sex
is 18. 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 FCFA 30,000 to 300,000 ($60
to $600). Statutory rape of a minor carries a punishment of one to
three years in prison and a fine of FCFA 360,000 to one million ($720
to $2,000). Cote d'Ivoire is a country of origin and destination for
children subjected to trafficking in persons, specifically forced
prostitution.
Child Soldiers.--There were allegations of the use of child
soldiers by both the FRCI and pro-Gbagbo militias during the
postelectoral crisis; however, there was no credible information
documenting actual practice (see section 1.g.).
Displaced Children.--Local NGOs reported that there were thousands
of children living on the streets across the country. NGOs dedicated to
helping these children found it difficult to estimate the extent of the
problem or to determine whether these children had access to government
services. There were no known government programs that addressed
specifically the problem of children living on the streets.
International Child Abductions.--The country is not a party to the
1980 Hague Convention on the Civil Aspects of International Child
Abduction.
Anti-Semitism.--The country's Jewish community numbered fewer than
100 persons. There were no reports of anti-Semitic acts.
Trafficking in Persons.--See the Department of State's Trafficking
in Persons Report at http://state.gov/j/tip.
Persons With Disabilities.--The law requires the government to
educate and train persons with physical, mental, visual, auditory, and
cerebral motor disabilities, hire them or help them find jobs, design
houses and public facilities for wheelchair access, and adapt machines,
tools, and work spaces for access and use by persons with disabilities.
However, wheelchair-accessible facilities for such individuals 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 either the Gbagbo or Ouattara
governments enforced these laws during the year.
There were no reports during the year that persons with
disabilities were specific targets of abuse, but they reportedly
encountered serious discrimination in employment and education. The
government reserved 800 civil service jobs for persons with
disabilities; however, in practice government employers sometimes
refused to employ persons with disabilities.
The government financially supported special schools, associations,
and artisans' cooperatives for persons with disabilities, but many such
persons 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 are responsible for protecting the rights of persons with
disabilities.
National/Racial/Ethnic Minorities.--The country has an ethnically
diverse population, with more than 60 ethnic groups. Groups sometimes
practiced societal discrimination against others on the basis of
ethnicity. Approximately 25 percent of the population was considered
foreign, although many within this category were second- or third-
generation residents. Outdated or inadequate land ownership laws
reportedly resulted in conflicts with ethnic and xenophobic overtones,
often between the native populations and other groups.
Police routinely abused and harassed non-Ivoirian 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 identity card fraud.
In the postelectoral period, security forces loyal to Gbagbo
systematically harassed and targeted persons with northern or Muslim
names. Several incidents of ethnic violence resulted in deaths and
injuries (see section 1.g.).
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 reports of violent clashes between the native
population and members of the foreign community, particularly Burkinabe
farmers. These reports declined in the second half of the year.
The law prohibits xenophobia, racism, and tribalism, making these
forms of intolerance punishable by five to 10 years' imprisonment. No
one was prosecuted under the law during the year.
Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--Although there is no explicit
law prohibiting same-sex sexual activity, public indecency with a same-
sex partner is illegal. There was no official discrimination based on
sexual orientation in employment, housing, statelessness, or access to
education or health care. However, societal stigmatization of the LGBT
community was reportedly widespread, and the government did not act to
counter it during the year.
Gay men were reportedly subjected to beatings, imprisonment, verbal
abuse, humiliation, and extortion by police, gendarmes, and members of
the armed forces. During the year the FRCI reportedly beat and abused
gay men and transgender persons, most of them sex workers. Complaints
were not filed for fear of reprisals.
The situation of the LGBT community reportedly improved after the
postelectoral crisis but remained precarious. The few LGBT
organizations in the country operated with caution to avoid being
targeted by the FRCI and former FDS members. However, newspapers
reported favorably on a New Year's Eve party held by a group of
lesbians in Abidjan.
Other Societal Violence or Discrimination.--Societal stigmatization
of persons living with HIV/AIDS was widespread, disproportionately
affecting women due to gender inequity and economic vulnerability.
Promotion of Acts of Discrimination.--From the November 28, 2010,
presidential runoff to Gbagbo's April 11 capture, the U.N. and
international organizations criticized the former president for using
the state-controlled media to incite political violence and promote
ethnic tension. 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 (see section 2.a.).
Section 7. Worker Rights
a. Freedom of Association and the Right to Collective Bargaining.--
The law provides for the right of workers to form or join unions of
their choice, protects the right to strike and collectively bargain,
and prohibits antiunion discrimination by employers or others against
union members or organizers. Under the labor law, employers cannot fire
workers for union activities. The law provides for the reinstatement
for a dismissed worker within eight days following the receipt of a
wrongful dismissal claim by the employer. However, the law does not
permit members of the police and military services to form or join
unions, or collectively bargain. The law further 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 if the strike is deemed a threat to public order,
the president has broad powers to compel strikers to return to work
under threat of sanctions, and to submit strikes in essential services
to arbitration, but the labor code does not provide a list of such
services.
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. The law allows unions in the formal sector
to conduct their activities without interference, and the government
protected this right in practice, with some reported exceptions.
Although the political crisis prevented the full exercise of trade
unions rights, there were no reports of strike breaking during the
year.
Collective bargaining agreements apply to all employees and were in
effect in many major business enterprises and sectors of the civil
service. For a collective bargaining agreement to be initiated by a
union, 30 percent of workers must be represented before bargaining can
begin. The number of collective bargaining agreements reached during
the year was unknown.
The Ministry of Labor, Social Affairs, and Solidarity did not
report any complaints of antiunion discrimination and employer
interference in union functions during the year. However, there was at
least one case of harassment against union members during the
postelectoral crisis, although it was unclear whether action by police
was an act of antiunion discrimination. On April 26, Basile Mahan Gahe,
secretary general of Dignite Labor Confederation and a Gbagbo
supporter, was arrested and detained at the city of Williamsville
police station. On June 29, Gahe was transferred from the police
station to the Pergola Hotel, where he was held under house arrest. On
July 9, Gahe was sent to the prison of Boundiali in the North and
accused of national security related infractions. Investigation
continued at year's end, and he remained in pretrial detention in
Boundiali. The union's office was looted, and the other members went
into hiding.
Absent reciprocal union agreements, foreigners are required to
obtain residency status, which takes three years, before they may hold
union office.
b. 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 second half of the year. On
November 3, the Ouattara government established the National Committee
for the Monitoring of Actions for the Fight against Trafficking, Forced
Labor and Child Labor, which is chaired by the first lady and
responsible for the follow-up and assessment of government actions on
these issues. The government also set up an interministerial committee
for the fight against trafficking, forced labor and child labor under
the prime minister to coordinate and implement programs on the
elimination of child labor. However, despite these efforts, forced or
compulsory labor by children continued to occur, specifically on cocoa,
coffee, pineapple, and rubber plantations.
Instances of forced labor reportedly occurred in the unregulated
informal labor sectors. Thus, domestics, most nonindustrial farm
laborers, and those who worked in street shops and restaurants remained
outside formal government protection. Forced adult labor reportedly
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.
Also see the Department of State's Trafficking in Persons Report at
http://state.gov/j/tip.
c. 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 reportedly 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 and Administrative Reform and the Ministry of
Labor, Social Affairs, and Solidarity 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 reportedly 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 nine reportedly worked as domestic servants, often within
their extended family networks.
In September 2010 the government passed a law banning child
trafficking and the worst forms of child labor. The punishment for
violating the law includes a prison term of up to 5 years, and a fine
from FCFA 500,000 to one million ($1,000 to $2,000). Children
reportedly continued to work under hazardous conditions on cocoa farms.
A Tulane University survey published in 2009 found that 24.1 percent of
children between the ages of five and 17 in 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). Similar hazardous conditions
reportedly existed during the year. A small percentage of the children
working on cocoa farms had no family ties to the farmers, but most
worked on family farms or with their parents.
In June 2010 the government created an Independent Office for the
Fight against Child Labor. In 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 had 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 and the dangers associated with child labor. In 2009
the government began to implement the program in 10 villages and
selected 20 more villages for participation. During the year the
government completed 15 projects, and construction continued on an
additional five projects. The remaining 10 were scheduled for
completion by July 2012. The Ouattara government relaunched these
efforts within the framework of its self-help village program in June.
By year's end they had reached 10 new villages.
The Ministry of Labor, Social Affairs, and Solidarity was
responsible for enforcing child labor laws and made progress during the
year in addressing the worst forms of child labor. On November 3, the
government established the National Committee to Monitor Actions for
the fight against trafficking, forced labor, and child labor, which was
chaired by the first lady and responsible for the follow up and
assessment of government actions on these issues. The government also
set up an interministerial committee for the fight against trafficking,
forced labor, and child labor under the prime minister to coordinate
and implement programs on the elimination of child labor. While
enforcement of child labor laws continued to be hindered by financial
constraints and the postelectoral crisis, which prevented the ministry
from holding scheduled training programs for judges and labor
inspectors on the enforcement of child labor law and from organizing
national sensitization campaigns, 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, Social Affairs, and Solidarity 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. As
part of the World Day against Child Labor in June, the government
emphasized ending hazardous child labor on cocoa farms. On July 28,
First Lady Dominique Ouattara announced a partnership between the Child
Labor Task Force and her NGO, Children of Africa, to fight against the
worst forms of child labor. The task force continued to implement a
national action plan to combat child labor and trafficking in persons.
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 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.
Also see the Department of Labor's Findings on the Worst Forms of
Child Labor at http://www.dol.gov/ilab/programs/ocft/tda.htm
d. Acceptable Conditions of Work.--Minimum wages varied according
to occupation, with the lowest set at FCFA 36,607 ($73) per month for
the industrial sector; a slightly higher minimum wage rate applied for
construction work. The official estimate for the poverty income level
is between FCFA 500 ($1) and FCFA 700 ($1.40) a day. 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.
Under Gbagbo and Ouattara, no government action was reportedly
taken to rectify the large salary discrepancies between expatriate non-
African employees and their African colleagues who were employed by the
same company.
The standard legal workweek was 40 hours. The law requires overtime
pay for additional hours and provides for at least one 24-hour rest
period per week. The law does not prohibit compulsory overtime.
The law provides for occupational safety and health standards in
the formal sector. 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, Social Affairs, and Solidarity's
inspection system to document dangerous working conditions. Despite the
law workers in both the formal and informal sectors could not absent
themselves from such labor without risking the loss of their
employment. Labor laws covered neither foreign migrant workers nor
citizen workers working in the informal labor sector.
The government did not effectively enforce either the law or the
standards, particularly in the large informal sector of the economy.
The 300 labor inspectors reportedly accepted bribes. The labor law
provides for the establishment of a committee of occupational, safety,
and health representatives responsible for ensuring protection and
worker health at workplaces. The committee is composed of union
members. The chairman of the committee could pass a violation for
unhealthy and unsafe working conditions to the labor inspector without
penalty. Further, the enterprises are obliged by law to provide medical
services for their employees. However, small firms and businesses in
the informal sector frequently did not comply.
The Ministry of Labor, Social Affairs, and Solidarity was
responsible for enforcing the minimum wage. Labor unions contributed to
effective implementation of the minimum salary requirements in the
formal sector.
The standard workweek was 40 hours. The law requires overtime
compensation for additional hours and provides for at least 24-hour
rest period per week. The law does not prohibit compulsory overtime.
The law also provides for regulations on occupational, safety, and
health standards in the workplaces. The government did not enforce
occupational, safety and health standards effectively in the informal
sector. Several million foreign workers, mostly from neighboring
countries, typically worked in the informal labor sector, where labor
laws were not enforced.
__________
DJIBOUTI
executive summary
Djibouti is a republic with a strong elected president and a weak
legislature. In April 2010 parliament amended the constitution to
remove term limits, facilitating the April 8 reelection of President
Ismail Omar Guelleh for a third term. The president won with 80 percent
of the vote against one independent candidate, who was supported by one
of two opposition coalitions that had boycotted the election until
April 3; the other coalition did not participate in the election.
International observers characterized the election as free and fair,
although they criticized preelection planning and the presence of
security forces at polling stations. Security forces reported to
civilian authorities.
The 2010 constitutional amendment removing presidential term
limits, general dissatisfaction with the government, student unrest,
and high levels of unemployment contributed to popular protests in
February. On February 18, security forces used tear gas and rubber
bullets to disperse violent young protestors who remained following a
peaceful demonstration. One civilian and one police officer were
killed, and numerous demonstrators were injured. The subsequent
security crackdown resulted in numerous arrests, detentions, and
criminal proceedings against demonstrators. Between March 25 and April
8, the official campaign period, the government banned opposition
rallies.
The most serious human rights problem in the country was the
government's abridgement of the right of citizens to change or
significantly influence their government; it did so by harassing,
abusing, and detaining government critics and by its unwillingness to
permit the population access to independent sources of information
within the country.
Other human rights problems included the use of excessive force,
including torture by security forces; harsh prison conditions;
arbitrary arrest and prolonged pretrial detention; denial of fair
public trial; interference with privacy rights; restrictions on
freedoms of speech, press, assembly and association; lack of protection
for refugees; corruption; discrimination against women; female genital
mutilation (FGM); trafficking in persons; discrimination against
persons with disabilities; and government denial of worker rights.
Officials engaged in corrupt practices with impunity.
Section 1. Respect for the Integrity of the Person, Including Freedom
from:
a. Arbitrary or Unlawful Deprivation of Life.--There were reports
that the government or its agents committed arbitrary or unlawful
killings, at least one of which resulted from torture.
On February 18, demonstrators gathered initially in the area of
Avenue Nasser, outside the city center of Djibouti City, and then
marched to Hassan Gouled Stadium, where the crowd grew to approximately
3,000 persons. Participants listened to opposition speeches calling for
President Guelleh to abandon plans for a third term and criticizing the
country's 60 percent unemployment rate, high cost of staple foods, and
lack of affordable housing. Most participants departed the stadium
before the 6:00 p.m. permit deadline imposed by the Ministry of the
Interior; however, several hundred remaining young demonstrators began
throwing rocks, overturning vehicles, and burning tires. Security
forces responded with tear gas and rubber bullets, killing one
demonstrator and injuring numerous others. Estimates of the number of
demonstrators arrested ranged from 80 to 200. On February 27,
approximately 80 of those detained were brought to court, and 40 cases
were dismissed. Of the remaining 40, approximately 25 demonstrators
were convicted of assault or arson and were sentenced to prison. An
additional number were charged with demonstrating beyond the time
allotted on the rally permit and were released by the end of February.
According to Reporters Without Borders (RSF), Balbala resident
Dirir Ibrahim Bouraleh allegedly died as a result of injuries inflicted
during torture at a gendarmerie unit where he was detained from April
23 to 27. Sergeant Major Abdourahman Omar Said reportedly conducted the
torture that resulted in Bouraleh'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 and law prohibit such practices; however,
there were reports that security forces beat and tortured detainees.
The government arrested dozens of its political opponents in
February, including six persons who provided reporting to opposition
radio station La Voix de Djibouti, which broadcasts from Europe. Among
the six were Farah Abadid Heldid and Houssein Robleh Dabar, who
gendarmes arrested without warrant on February 5. On February 9, the
two opposition journalists were transferred to Gabode Prison on charges
of ``participating in an insurrectional movement.'' According to RSF,
while in custody of the gendarmerie, Heldid was interrogated and
tortured, reportedly by Abdourahman ``Doudou'' Ali Ismael, a member of
the gendarmerie's Investigation and Documentation Section (SRD). On
June 23, after four months in Gabode Prison, Heldid and Dabar were
released after filing appeals with the Court of Appeals and the Supreme
Court. Reporters Houssein Ahmed Farah, Abdillahi Aden Ali, Joustapha
Abdourahman Houssein, and Mohamed Ibrahim Waiss, all of whom were
arrested along with Heldid and Dabar in February, also were released on
June 23. The four, who were members of opposition parties, were charged
with ``participating in an insurrectional movement.''
On November 21, SRD gendarmes again arrested Heldid and Dabar,
according to RSF. Until November 24, when they were released, the two
journalists reportedly were interrogated and tortured. Before being
freed they were questioned by State Prosecutor Maki Omar Abdoulkader
and Prosecutor General Djama Souleiman Ali. The journalists were taken
before an investigating judge at the Supreme Court, where they were
charged with encouraging an illegal demonstration and insulting the
president. Their mistreatment in the gendarmerie reportedly was ordered
by Sergeant Major Abdourahman Omar Said, the gendarme allegedly
responsible for the torture and death of Dirir Ibrahim Bouraleh (see
section 1.a.). According to RSF, Heldid and Dabar were arrested to
prevent La Voix de Djibouti from publicizing the distribution of a
leaflet calling for a ``Day of Anger'' protest. Mohamed Souleiman Cheik
Moussa, a magistrate who authored the leaflet, was arrested the same
day.
In early March, in Tadjourah, a soldier shot a civilian in the leg
as a result of a personal altercation. The injured civilian was sent to
Djibouti for medical treatment. It was unclear what actions were taken
against the soldier who fired the shot; however, a gendarme and a
military commander in Tadjourah were transferred from the region.
Prison and Detention Center Conditions.--While there have been some
improvements in recent years, prison conditions remained harsh. The
country has one central prison and a number of small jails supervised
by local police or gendarmes. There were reports that police and
gendarmes abused and tortured prisoners during the year.
Gabode Prison in Djibouti City had a maximum capacity of 500
inmates but often held 750. Inmates in Gabode had adequate access to
potable water and sanitary facilities and were provided three meals a
day, with meat served on alternate days. Prisoners' families were
allowed to bring food to the prison. The prison had a permanent doctor
and six permanent nurses on its staff during the year; in 2010 the
doctor was available ``on call'' only. Prisoners with serious health
problems received treatment at the main Djibouti City public hospital.
Authorities held prisoners who were seriously ill separately and
segregated prisoners with communicable diseases from prisoners with
other health problems. Adequate medication was available. During the
prisoner intake process, prison officials tested for and documented
serious health conditions. However, prisoners with serious mental
illness did not receive adequate care. The prison had both written and
electronic procedures to track prisoner names, thumbprints, and dates
of detention and release.
Conditions in jails, which held detainees until their summary
release or transfer to the central prison, were poor. Jails had no
formal system to feed or segregate prisoners and did not provide
medical services. Most detainees were kept in jails for a few weeks
before either release or transfer to Gabode Prison.
At Nagad Detention Center, which primarily held undocumented
immigrants and was not part of the prison system, detainees had access
to potable water, food, and medical treatment. Authorities deported
most detainees within 24 hours of arrest.
Statistics were unavailable, but Gabode Prison generally held
approximately 600 prisoners, including an average of 12 female
prisoners, whose conditions of detention were similar to those of male
prisoners. There were generally fewer than 20 juvenile prisoners, who
were not always held separately from adults. Authorities allowed young
children of female prisoners to stay with their mothers. Pretrial
detainees were not held separately from convicted prisoners.
Prisoners and detainees were permitted visitors each Friday
afternoon and religious observance regardless of religion.
There was no formal system to enable prisoners and detainees to
submit complaints to judicial authorities to request investigation of
inhumane conditions.
The government granted prison access to foreign embassies and the
International Committee of the Red Cross (ICRC), which was allowed to
inspect prisons every six months. 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.
The government continued to provide human rights training for
guards.
d. Arbitrary Arrest or Detention.--The law prohibits arbitrary
arrest and detention; however, the government did not respect these
prohibitions.
Role of the Police and Security Apparatus.--Security forces
included 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.
Security forces were generally effective, although corruption was a
problem across all three services, particularly in the lower ranks
where wages were low. The gendarmerie is responsible for investigating
allegations of police misconduct, and the Ministry of Justice is
responsible for prosecution; however, no allegations of police
misconduct were prosecuted during the year.
Police had a Human Rights Office, and human rights education was
integrated into the police academy curriculum. During the year the
local police academy coordinated with the International Organization
for Migration (IOM) to host a workshop to train security forces in
refugee rights and processing.
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 government generally did not respect the
law in practice, especially in rural areas. Detainees may be held
another 48 hours with the prior approval of the public prosecutor. The
law provides that detainees be promptly notified of the charges against
them, although in practice there were delays. The law requires that all
persons, including those charged with political or national security
offenses, be tried within eight months of arraignment; however, police
disregarded this right. The law contains provisions for bail, but
authorities rarely made use of it. 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.
Arbitrary Arrest.--During the year numerous persons, including
opposition members, journalists, and human rights activists, were
arbitrarily arrested, often without warrants (see sections 1.a., 1.c.,
and 3).
For example, on February 19, three opposition leaders were briefly
arrested after an altercation with police when the three visited a
police station to demand the release of 30 demonstrators detained the
previous evening for vandalism and looting (see section 1.a.). The
three leaders--Aden Robleh Awaleh, president of the National Democratic
Party (PND), Mohamed Daoud Chehem, president of the Djiboutian Party
for Development (PDD), and Ismael Guedi Hared, president of the Union
for Democracy and Justice party (UDJ)--were released later the same day
by order of the president.
Pretrial Detention.--Lengthy pretrial detention was a problem, and
approximately half of the prison population was in pretrial detention.
Statistics were unavailable, but it was not uncommon for prisoners to
wait two or three years--and in one case eight years--for their trials
to begin. Judicial inefficiency contributed heavily to lengthy pretrial
detention.
e. Denial of Fair Public Trial.--The constitution and law provide
for an independent judiciary; however, the judiciary lacked
independence and was inefficient. Constitutional provisions for a fair
trial often were not respected.
Allegations of politically motivated prosecutions surfaced in June
2010 following the conviction in absentia of businessman Abdourahman
Boreh on charges of terrorism for allegedly directing a grenade attack
in Djibouti City. Boreh, whose foreign attorney was not allowed into
the country, claimed his 15-year-sentence was intended to derail a
potential presidential bid.
In 2010 the foreign attorney for Jean-Paul Noel Abdi, the president
of the Djibouti League for Human Rights (LDDH), whom authorities
charged with conspiring against the state, was denied an entry visa and
had no physical access to his client (see section 5).
The legal system is based on legislation and executive decrees,
French codified law adopted at independence, Islamic law (Sharia), and
nomadic traditions. Islamic law prevailed in family matters.
Trial Procedures.--The law states that the accused is innocent
until proven guilty; however, in practice, trials did not proceed in
accordance with the presumption of innocence. Trials generally were
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. These rights were
generally respected. 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 cases involving 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, where a consensus toward maintaining
peace between those involved was valued over the individual rights of
the victim, who was often pressured by family to abide by traditional
court rulings.
Political Prisoners and Detainees.--Numerous persons were detained
for political reasons during the months leading up to the election and
released afterwards. For example, the government charged eight men--
including human rights activist Jean Paul Noel Abdi--with conspiring
against the state (see section 5). The prisoners were permitted legal
representation and were allowed to meet with their attorneys before
trial. Noel Abdi was released two weeks later. The remaining prisoners
were detained for two months and released shortly after the election.
Civil Judicial Procedures and Remedies.--In cases of human rights
violations, citizens could 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. The government did
not always comply with the decisions and recommendations of these
bodies pertaining to human rights.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--Although the constitution and law prohibit such
actions, the government did not respect these prohibitions in practice.
The law requires that authorities obtain a warrant before conducting
searches on private property, but the government did not always respect
the law in practice. Government opponents claimed the government
monitored their communications and kept their homes under surveillance.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--Status of Freedom of Speech and
Press.--The constitution and law allow for freedom of speech and press,
provided such freedoms comply with the law and respect ``the honor of
others.'' In practice the government did not respect these rights. The
law provides prison sentences for media offenses.
Freedom of Speech.--While individuals often expressed themselves
freely in society, individuals who criticized the government publicly
or privately could face reprisals.
Freedom of Press.--There were no privately owned or independent
media in the country. Printing facilities for mass media were
government owned, which created obstacles for those wishing to publish
criticism of the government. The principal newspaper, La Nation,
maintained a monopoly on domestic news ``by means of ubiquitous state-
owned media that do what they are told,'' according to RSF. All
opposition newspapers have been closed by the courts or ``by means of
the economic asphyxiation which the government uses to gag the media,''
according to RSF. Each registered political party was allowed to
publish a public journal or newspaper, although the 2007 ban on the
opposition political party newsletter Le Renouveau remained in effect
(see section 3). During the year the opposition PND party regularly
published the political newsletter La Republique. Other parties
published papers sporadically. Opposition political groups and civil
society activists circulated newsletters and other materials critical
of the government.
The government 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. RTD
did provide limited coverage of opposition events during the election
season. Foreign media broadcast throughout the country, and cable news
and other programming were available.
Violence and Harassment.--The government arrested and harassed
journalists, two of whom security forces tortured during the year (see
section 1.c.).
Censorship or Content Restrictions.--The country's media and
slander laws and the government's harassment and detention of
journalists resulted in widespread self-censorship.
Libel Laws/National Security.--The government cited national
security to suppress criticism and arrested, detained, and tortured
journalists charged with such offenses during the year (see section
1.c.).
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 were government
owned, obliging antigovernment sources to print privately.
Internet Freedom.--There were few government restrictions on access
to the Internet or reports that the government monitored e-mail or
Internet chat rooms. Individuals and groups could engage in the
peaceful expression of views via the Internet, including by e-mail.
However, the government reportedly continued to block access to the Web
site of the Association for Respect of Human Rights in Djibouti, which
was often critical of the government.
Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events, and teachers could
speak and conduct research without restriction provided they did not
violate sedition laws.
b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--Although the constitution provides for freedom of assembly,
the government severely restricted this right. The Interior Ministry
requires permits for peaceful assemblies and denied such permits to
opposition groups during the election campaign.
On February 5, students from the law college of the University of
Djibouti gathered in response to an abnormally large failure rate on an
important exam. Over the next four days demonstrations erupted at
secondary schools and again at the university. While the motives of
demonstrators were unclear, some observers attributed student actions
to general disapproval of the government's education policies. Security
forces used tear gas to disperse demonstrators. An unknown number of
students were arrested and released within 48 hours.
The government's use of excessive force to quell violence following
a demonstration on February 18 resulted in the death of one
demonstrator and numerous injuries (see section 1.a.).
The government denied an opposition request for weekly Friday
rallies to be held leading up to the April 8 election. In a March 9
letter to the opposition, interior minister Yacin Elmi Bouh justified
the denial by noting that only registered parties were permitted to
hold outdoor rallies. According to Bouh, since the opposition
declaration was made on behalf of all five opposition parties--
including the banned Movement for Democratic Renewal (MRD)--the
opposition declaration of weekly rallies could not be considered
credible (see section 3). The letter also accused the opposition of
seeking a ``blank check'' for weekly demonstrations and of seeking to
promote insurrection. The government maintained an increased security
presence on Fridays to deter demonstrations until the election.
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. The government harassed
and intimidated opposition parties, human rights groups, and labor
unions (see sections 1.c., 3, 5, and 7.a.).
c. Freedom of Religion.--See the Department of State's
International Religious Freedom Report at http://state.gov/j/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.
The government generally cooperated with the Office of the U.N.
High Commissioner for Refugees (UNHCR) and other humanitarian
organizations in providing protection and assistance to internally
displaced persons, refugees, asylum seekers, stateless persons, and
other persons of concern.
In-country Movement.--Due to the continuing border dispute with
Eritrea, certain areas in the north remained under military control.
Internally Displaced Persons (IDPs).--Numerous families displaced
in 2008 as a result of a border dispute between Djibouti and Eritrea
continued to live in the Khor area south of their original homes.
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.--Access to Asylum.--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; however, during the year asylum was
seldom granted except to persons from southern Somalia.
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. In 2009
the government ceased, indefinitely, the registration of non-Somalis
due to a public disturbance that occurred outside the ONARS office.
This decision resulted in the denial of registration for individuals
that UNHCR deemed to be in need of protection services access to the
services of ONARS. The screening unit was moved to the Loyada Center, a
primary checkpoint on the Djibouti-Somalia border, to accommodate the
flow of refugees from Somalia.
Nonrefoulement.--In practice the government provided some
protection against the expulsion or return of refugees to countries
where their lives or freedom would be threatened on account of their
race, religion, nationality, membership in a particular social group,
or political opinion. 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 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.
Refugee Abuse.--Large numbers of illegal migrants were detained in
occasional government efforts 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.
Access to Basic Services.--Ali Addeh camp was overcrowded, and
basic services were inadequate.
Employment.--Refugees continued to report that although they could
not obtain work permits, many, especially women, worked. Refugees who
sought work without permits typically performed low-level tasks in
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.
Temporary Protection.--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, but many citizens were deprived of this right in
practice by government measures to suppress opposition groups and the
refusal of several opposition groups to participate in elections they
considered unfair. The formal structures of representative government
and electoral processes had little relevance to the real distribution
and exercise of power.
Elections and Political Participation.--Recent Elections.--In April
2010 parliament amended the constitution to remove term limits,
facilitating the April 8 reelection of President Ismail Omar Guelleh
for a third term. The president won with 80 percent of the vote against
independent candidate Mohamed Warsama Ragueh. Political opposition
parties, claiming that the Guelleh administration had made it
impossible to conduct a fair election, initially chose not to nominate
candidates for the presidential election, effectively boycotting it.
However, one week prior to election day, the Union of Democratic
Movements, the most active opposition coalition, asked its supporters
to vote for Ragueh, the former head of the Constitutional Council. The
Union for a Democratic Change, the other coalition, did not participate
in the election. International observers from the African Union, La
Francophonie, the Arab League, and the Inter-Governmental Authority on
Development declared the elections to be free, fair, and transparent.
However, observers criticized pre-election planning and the number of
security personnel at polling stations.
The government banned opposition rallies between March 25 and April
8 and harassed opposition leaders (see section 2.b.).
For example, on March 11, security forces detained four opposition
leaders for approximately four hours while they were on their way to a
planned demonstration. The detained leaders were PND president Aden
Robleh Awaleh, PDD president Mohamed Daoud Chehem, UDJ president Guedi
Hared, and MRD president Souleiman Farah Lodon. The four leaders were
loaded into a truck and driven around the outskirts of Djibouti, after
which they were returned to the residence of UDJ president Guedi. The
leaders said they were not mistreated but considered the government's
action a clear effort to prevent them from organizing the
demonstration. The demonstration planned for the day did not take
place.
In March the government expelled Democracy International (DI) from
the country after accusing it of being an ``illegal organization'' that
supported the opposition's ``seditious activities,'' according to Human
Rights Watch and Freedom House. The international election monitoring
organization had been working to assist the government in preparations
for the election and training of both ruling and opposition parties in
campaign methods. The expulsion followed campaign monitoring activities
by DI during the February 18 unrest that the government perceived as a
violation of unbiased participation in the process.
Political Parties.--The government arrested, harassed, and
threatened opposition leaders, restricted the operations of opposition
parties, and denied opposition groups permits to organize protests (see
sections 1.a., 1.c., and 2.b.). According to Freedom House, opposition
parties were also ``disadvantaged by electoral rules and the
government's abuse of the administrative apparatus.''
Participation of Women and Minorities.--The 2008 legislative
elections brought two more women into the National Assembly, raising to
nine the number of female parliamentarians in the 65-seat body. There
was one woman 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 16 percent
representatives of smaller minority groups. Elected from a single list
(opposition parties did not contest the legislative elections in 2008
after the government declined to accept their conditions), the
legislature's members reflected the governing coalition's intent to
ensure balance. The cabinet was similarly balanced: there were six
Afars, including the prime minister and the foreign minister. However,
some Afars continued to claim they were not as well represented at
lower governmental 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 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. RTD continued to broadcast anticorruption public service
announcements developed with the IG. The 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 that dealt with matters
authorities did not consider politically sensitive generally were
allowed to operate without government restriction, conducting limited
investigations and sometimes publishing findings on human rights cases.
Government officials were occasionally responsive to their views.
Government officials regularly cooperated with local nongovernmental
organizations (NGOs) offering training and education to citizens on
such human rights issues as women's rights. However, many domestic NGOs
had leaders who were also key officials of the government.
On February 9, LDDH president Jean Paul Noel Abdi was arrested
without warrant along with five opposition journalists and charged with
conspiracy (see section 2.a.). On February 21, Noel Abdi was released
on probation, and on March 22, his probation was lifted. Charges
against Noel Abdi from previous years remained pending, including those
that resulted in his February 2010 arrest and those pertaining to his
2009 arrest for distributing materials that ``insulted judicial
authority.''
U.N. and Other International Bodies.--The government routinely
allowed visits from international NGOs, including those dealing with
human rights issues, and regularly received visitors from U.N. bodies.
The ICRC maintained a small office staffed with locally hired
personnel. ICRC regional representatives based in Nairobi visited
quarterly and were allowed to conduct visits in accordance with
standard modalities.
Government Human Rights Bodies.--The government's Human Rights
Commission included technical experts, representatives of civil society
and labor, religious groups, the legal community, the Ombudsman's
Office, and the National Assembly. The commission met regularly and
occasionally commented on cases of concern. State-run media featured
prominent coverage of the commission's activities throughout the year.
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 responsibilities included mediation between the government and
citizens. Written records of the ombudsman's activities were sparse,
and it was unclear what actions he took during the year to promote
human rights.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution and law prohibit discrimination on the basis of
race, gender, or language; however, the government did not enforce the
law effectively. The constitution does 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 female genital mutilation (FGM), but societal
discrimination against women and ethnic minorities persisted.
Women.--Rape and Domestic Violence.--The law includes sentences of
up to 20 years' imprisonment for rape, but does not address spousal
rape. The government did not enforce the law effectively. Rape cases,
which often were not reported to the police, usually were 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 common, 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 for perpetrators.
Families and clans, rather than courts, handled cases of violence
against women. Police rarely intervened in domestic violence incidents,
and the media reported only the most extreme cases, usually involving
death of the victim.
The Union of Djiboutian Women ran a center which provided services
including counseling to the victims of domestic violence. Of the 362
women assisted during the year, 26 percent reported physical violence,
28 percent reported psychological abuse, and more than 50 percent
sought assistance in obtaining alimony or child support payments. In
2010 the counseling center opened a new station in the Ali Addeh
refugee camp.
Female Genital Mutilation (FGM).--(see section 6, Children).
Sexual Harassment.--The law does not prohibit sexual harassment.
Statistics were not available, but anecdotal information suggested such
harassment was widespread, although seldom reported.
Reproductive Rights.--The government recognized the right of
citizens to decide freely and responsibly the number, spacing, and
timing of their children. Clinics under the Ministry of Health operated
freely in disseminating information on family planning. There were no
restrictions on the right to access contraceptives, and the government
estimated in 2009 that approximately 33 percent of women had access to
contraceptives. 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 postpartum care. The U.N. Population Fund estimated
the maternal mortality rate in 2008 at 300 deaths per 100,000 live
births.
Discrimination.--The constitution provides for equal treatment of
citizens without distinction as to sex, but 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. Women did not possess the same
legal rights as men. In accordance with Sharia law, men inherit a
larger proportion of estates than women. 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 continued to promote female leadership in the
small business sector, including through expanded access to
microcredit.
A 2008 presidential decree requires women to be represented in at
least 20 percent of all high-level public service positions, and the
government enforced the law in practice. The Ministry for the Promotion
of Women, Family, Welfare, and Social Affairs was responsible for
promoting the rights of women.
Children.--Birth Registration.--Citizenship is derived from a
child's parents. The government continued to encourage the immediate
registration of births, and most births in Djibouti City were
registered quickly. However, births in rural areas were often
registered late or not at all. The birth registration fee of 2,000 DJF
($11) deterred some parents from registering births. Lack of birth
registration did not result in denial of public services, but lack of
such documentation impeded the ability of adults to vote.
Education.--Primary education was compulsory. Primary and middle
school were tuition free, 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.--Child abuse existed but was not frequently reported
or prosecuted.
Harmful Traditional Practices.--According to previous estimates, 93
percent of the female population in the country had undergone FGM.
However, a 2010 report by the Ministry of Health and the U.N.
Population Fund showed that 51 percent of eight-year-old girls, 54
percent of seven-year-old girls, and 60 percent of six-year-old girls
had not undergone the procedure, a marked decrease. Infibulation, the
most extreme form of FGM, continued to be widely practiced, especially
in rural areas. The law makes FGM punishable by five years'
imprisonment and a fine of one million DJF ($5,550), and NGOs are
allowed 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 ($565) for
anyone convicted of failing to report a completed or planned FGM to the
proper authorities.
During the year the government continued efforts to end FGM with an
ongoing high-profile national publicity campaign, ongoing public
support from the first lady and other prominent women, and outreach to
Muslim religious leaders. The media 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, according to government ministries and
NGOs.
Child Marriage.--Child marriage occasionally occurred in rural
areas, where it was considered 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.
Sexual Exploitation of Children.--The law provides for three years'
imprisonment and a fine of one million DJF ($5,650) for the commercial
exploitation of children. The law does not specifically prohibit
statutory rape, and there is no legal minimum age of consent. 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 ($1,130).
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 were subject 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.
International Child Abductions.--The country is not a party to the
1980 Hague Convention on the Civil Aspects of International Child
Abduction.
Anti-Semitism.--There was no established Jewish community, and
there were no reports of anti Semitic acts.
Trafficking in Persons.--See the Department of State's Trafficking
in Persons Report at http://state.gov/j/tip.
Persons With Disabilities.--The constitution does not prohibit
discrimination against persons with disabilities, although the labor
code prohibits discrimination in employment against such persons.
Persons with disabilities had access to education and public health
services. The government did not mandate accessibility to buildings or
government services for persons with disabilities, and such buildings
were often inaccessible. 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, and the minority Afar peoples were marginalized.
Discrimination based on ethnicity and clan affiliation remained a
factor in business and politics.
Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--The law criminalizes
consensual same-sex sexual conduct; however, the government took no
actions against persons under the law, and there were no reported
incidents of societal violence or discrimination based on gender
identity or sexual orientation. Societal norms did not allow for the
public discussion of homosexuality, and persons generally did not
openly acknowledge being gay. There were no known organizations for
lesbian, gay, bisexual and transgender persons.
Other Societal Violence or Discrimination.--There was no known
societal violence or discrimination against persons with HIV/AIDS.
Section 7. Worker Rights
a. Freedom of Association and the Right to Collective Bargaining.--
The constitution and law provide for the right to form and join unions,
with prior authorization. The government restricted the right to form
and join unions. The law provides the right to strike after providing
advance notification. The president has broad legal powers to
requisition public servants whom he determines to be indispensable to
the operation of essential public services. The labor code allows
collective bargaining and fixes the basic conditions for adherence to
collective agreements. The law prohibits antiunion discrimination and
requires employers found guilty of discrimination to reinstate workers
fired for union activities.
Most residents in rural areas worked as subsistence farmers, and
there were no agricultural unions. The two civil, nongovernmental labor
unions each had a government-appointed counterpart, which union leaders
referred to as ``shadow unions.'' Union leaders alleged that the
government suppressed independent representative unions by tacitly
discouraging labor meetings and encouraging government-sponsored shadow
unions. The government did not recognize the civil, nongovernmental
labor unions, and only members of the government-approved labor unions
attended international and regional labor meetings with the imprimatur
of the government. The Labor Union of Djibouti (UDT) continued to
operate as a civil-organized union without government recognition. All
workers, citizens, and noncitizens with work permits were included in
legal protections.
In 2010 the International Labor Organization (ILO) expressed its
concern over several points of divergence between ILO Convention 87 and
the country's labor laws, which (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 have 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.
A 2010 ILO report noted substantial differences between the
country's labor laws and the relevant ILO convention, including
employment restrictions on those holding union office, a lengthy and
complicated union registration procedure, and excessive presidential
authority to requisition public workers.
The government neither enforced nor complied with the law on
antiunion discrimination.
Workers exercised the right to strike in practice and occasionally
disregarded the requirement for advance notification of strikes.
However, the International Trade Union Confederation (ITUC) alleged
that authorities have brutally repressed strikes. According to the
ITUC, union leaders and members were subjected to constant harassment
by authorities. The government accused trade union activists of being
enemies of the nation, and activists were subjected to arrest,
imprisonment, transfer, and dismissal.
According to a 2011 ILO report covering the previous year, security
forces on two occasions in March 2010 arrested numerous UDT members who
were peacefully protesting wage arrearages owed to railway workers and
released them the same day without charges.
During the year collective bargaining sometimes occurred, and
agreements were usually reached in short periods of time. 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.
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. There were no reports of instances of
employers refusing to bargain with unions chosen by workers or measures
taken by employers to avoid hiring workers with bargaining rights.
b. Prohibition of Forced or Compulsory Labor.--The law prohibits
all forms of forced or compulsory labor. A small number of women and
children transiting the country from Somalia or Ethiopia as well as
local girls became victims of domestic servitude in Djibouti City and
the Ethiopia-Djibouti trucking corridor.
For further information see the Department of State's Trafficking
in Persons Report at http://state.gov/j/tip.
c. Prohibition of Child Labor and Minimum Age for Employment.--The
law prohibits all labor by, and employment of, children under age 16.
Government enforcement of child labor legislation was ineffective.
The Ministry of Labor is responsible for monitoring workplaces and
preventing child labor but conducted no inspections during the year. A
shortage of labor inspectors and other resources such as vehicles
reduced the likelihood that reports of child labor would be
investigated. There was no government program to enforce the work of
inspectors.
Child labor existed throughout the country, including the worst
forms of child labor. 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. Children of both sexes worked as domestic servants.
Also see the Department of Labor's Findings on the Worst Forms of
Child Labor at http://dol.gov/ilab/programs/ocft/tda.htm.
d. Acceptable Conditions of Work.--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
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 law provided for paid holidays. The government sets
occupational safety and health standards. 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 Djibouti Free Zone, a
commercial export processing zone near the Djibouti City port, other
labor code provisions applied to all workers, including foreign workers
and workers in the Free Zone.
The Ministry of Labor is responsible for enforcing occupational
health and safety standards, wages, and work hours. Data on inspectors
was unavailable. Enforcement was ineffective. There was almost no
enforcement of labor inspectors due to drastically low resource
availability. Workers across all industries or sectors sometimes faced
hazardous working conditions. Workers rarely protested due to fear that
others willing to accept the risks would replace them. Credible data on
workplace fatalities and accidents were not available.
__________
EQUITORIAL GUINEA
executive summary
Equatorial Guinea is nominally a multiparty constitutional
republic. Since a military coup in 1979, President Obiang Nguema
Mbasogo dominated all branches of government in collaboration with his
clan and his political party, the Democratic Party of Equatorial Guinea
(PDGE). In 2009 voters reelected President Obiang with a claimed 95.37
percent of votes cast. The lopsided results and weak independent
monitoring of the electoral process raised suspicions of systematic
vote fraud. Foreign diplomatic observers noted numerous irregularities
and the presence of military personnel at all voting stations. There
were instances in which elements of the security forces acted
independently of civilian control.
Major human rights abuses reported during the year included a
disregard for the rule of law and due process, denial of basic
political rights including freedom of speech and press, and widespread
official corruption.
Other human rights abuses included: inability of citizens to change
their government; arbitrary arrest, detention, and incommunicado
detention; poor conditions in prisons and detention facilities;
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 assembly, association, and movement;
violence and discrimination against women; trafficking in persons;
discrimination against ethnic minorities; and restrictions on labor
rights.
The government did not take steps to prosecute or punish officials
who committed human rights abuses and itself committed such acts with
impunity. It did not maintain effective internal or external mechanisms
to investigate security force abuses.
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.
There were no further developments, and none were expected, in the
August 2010 summary executions of four former military officers.
There were no further developments, and none were expected, in the
December 2009 killing of a Malian immigrant, Bakary Konate, by
uniformed men at a checkpoint in Bata after he failed to pay a bribe.
b. Disappearance.--Unlike in the previous year, there were no
reports that the government or its agents carried out politically
motivated abductions or kidnappings.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--While the law prohibits such practices, security officials
abused persons during the year. Police officers and military personnel
occasionally used excessive force to gather information about an
individual's suspected crimes. Opposition leaders and international
nongovernmental organizations (NGOs) continued to criticize the
``government for its systematic use of torture,'' but there were no
reliable reports that torture occurred.
No action was taken during the year against security officials at
Black Beach Prison who reportedly tortured four former military
officers until they confessed to the 2009 attack on the presidential
palace.
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 and abused them and their family
members, even after the victims displayed their diplomatic documents.
Prison and Detention Center Conditions.--Conditions in police
station jails and other detention centers were harsh and sometimes life
threatening. The government recently renovated three prisons in Bata,
Evinayong, and Malabo, and while conditions improved, they remained
inadequate. It was unknown if any prisoners or detainees died in prison
or pretrial detention centers. Holding cells were overcrowded and
dirty, and prisoners and detainees rarely had access to medical care,
exercise, or mattresses. Provisions for sanitation, ventilation,
lighting, and access to potable water were inadequate. Diseases,
including malaria and HIV/AIDS, were serious problems. The government
provided medical care to some prisoners and detainees, but this access
was not routine. The government began providing basic meals in the
three main prisons and some holding centers, but it was generally
insufficient and of poor quality. Food often had to be provided by
families of prisoners or detainees or by fellow prisoners and
detainees, and authorities restricted access to potable water. Some
prisoners and detainees did not have access to toilets.
Detained undocumented immigrants pending deportation were held in
police cells for lengthy periods. Foreign embassies reported that the
government did not contact them when nationals were arrested and that
at times legal immigrants were arrested with undocumented immigrants.
For example, police rounded up several dozen Africans in Malabo in late
May, accused them of having falsified papers, detained them at the
Central Police Headquarters in Malabo, and released them a few days
later after intervention by diplomats.
Although there were no reliable statistics on the total number or
breakdown of prisoners in detention, the government-run news media
reported that 269 prisoners were in the country's largest prison, Black
Beach. Opposition sources claimed that approximately 15 of the 269 were
women. No breakdown was available for juveniles or for the remaining
two prisons, 12 detention centers, and other holding cells.
Female prisoners generally were separated from male prisoners, but
juveniles were not separated from adults. Juveniles generally were
imprisoned for only the most serious crimes; otherwise, they were given
``provisional liberty'' in some cases and monitored. Pretrial detainees
were held together with convicted prisoners. Opposition sources
reported that one child under the age of two was held while his mother
was imprisoned.
In most cases prisoners had reasonable access to visitors and were
permitted religious observances. The government appointed a local judge
to serve as ombudsman to hear complaints about sentencing, but in
general authorities did not permit prisoners and detainees to submit
complaints to judicial authorities or to request investigation.
On March 29-30, Attorney General Carlos Mangue Elunku met with 90
percent of inmates in Black Beach Prison to determine their dates of
imprisonment, legal situation, sentencing dates, and state of health.
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 lists were not always reliable.
On January 25, the government signed a headquarters agreement with
the International Committee of the Red Cross (ICRC) giving the
international organization a permanent presence in the country. In
October the regional ICRC representative met with the president, the
local Red Cross, and other officials to discuss the logistics and
staffing of the new headquarters. By year's end the ICRC had not
requested to visit the local prisons.
In March the attorney general appointed a local judge as ombudsman
for inmate complaints about sentencing. The government did not consider
matters such as alternatives to incarceration for nonviolent offenders.
d. Arbitrary Arrest or Detention.--The law prohibits arbitrary
arrest and detention; however, security forces arrested or detained
persons arbitrarily and without due legal process. Both police and
gendarmes frequently ordered arrests and detentions without legal
authorization.
Role of the Police and Security Apparatus.--The police generally
are 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.
Corruption and impunity continued to be problems. Security forces
extorted money from citizens and immigrants at police checkpoints.
There was no internal investigation unit within the police, and
mechanisms to investigate allegations of abuse were poorly developed.
However, the Ministry of National Security reported that it was
required to appear before the legislature to provide responses about
abuses committed by individual police officers and that police officers
were dismissed as a result.
The Ministry of National Security and the Ministry of Defense did
not maintain effective control over security forces, and security
forces sometimes committed abuses with impunity. The government did not
maintain effective internal or external mechanisms to investigate
security force abuses.
The government continued to invest in the professionalization of
its security forces. In January six military officers attended an
international humanitarian law training session funded by the ICRC in
Congo-Brazzaville. In August the first naval cadets of the new regional
naval academy graduated; the academy is the first international naval
academy on African soil and seeks to become a regional center of
excellence. Cadets from Equatorial Guinea and 10 other African
countries were being trained to perform various technical positions,
which will professionalize the military and support efforts to combat
human trafficking.
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 code of ethics. Evidence and
feedback from expatriates, citizens, and community leaders indicated
improvements in performance in human rights and professional conduct,
particularly among younger officers who received the training.
Arrest Procedures and Treatment While in Detention.--Although the
constitution requires arrest warrants, except in cases in which a
suspect is caught committing a crime, 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, but detentions were often
longer, occasionally several months.
Although the law provides for detainees to be informed promptly of
the charges against them, 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.
While a bail system and public defenders were supplied by the bar
association, which received funding from the government, and were
available upon request, the public largely was unaware of either, and
neither system operated effectively. Detainees, particularly political
detainees, occasionally were denied access to lawyers.
The law provides for family visits and prohibits incommunicado
detention. In practice prisoners and detainees were sometimes allowed
family visitors at the discretion of the local police chief.
Arbitrary Arrest.--Lawyers did not have access to police stations
and could not contact detainees while they were held there; police
superintendents when interviewed stated they did not see the need for
or advisability of such access. Police raids on immigrant communities,
local stores, and restaurants increased in the period preceding the
African Union Summit in June. Reliable sources reported that many legal
as well as irregular immigrants were abused, extorted, or detained
during such raids. Police occasionally 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.
There were several reports of international businessmen being
arbitrarily detained in conjunction with business disputes.
Several members of the largest opposition political party, the
Convergence Party for Social Democracy (CPDS), were arrested, briefly
detained, and released. They included Juan Manuel Nguema Esono, the
national secretary of youth of the CPDS, and another party member,
Vicente Nze, on April 25 and Marcial Abaga Barril, campaign manager, on
November 2.
The government arbitrarily detained a foreign camera crew briefly
during the year (see section 2.a.).
Pretrial Detention.--Lengthy pretrial detention remained a problem,
and many of those incarcerated were pretrial detainees; the exact
number was unavailable. Although prison authorities provided monthly
lists of prisoners and detainees to the Ministry of Justice, such lists
were not reliable. Inefficient judicial procedures, corruption, lack of
monitoring, and inadequate staffing contributed to the problem.
Amnesty.--On June 4, the government pardoned 22 prisoners serving
long jail terms and convicted of plotting against the regime. Those
released included five members of the banned Partido Popular de Guinea
Ecuatorial who were convicted of involvement in the 2004 plot to
overthrow the government. Two were former army officers who had turned
against the regime. The remaining freed prisoners were former soldiers,
convicted in 2004 by a summary military tribunal and sentenced to10 to
20 years in prison for conspiring with former army colonel Cipriano
Nguema Mba to overthrow the government. Also pardoned were Florencio
Ela Bibang and Antimo Edu Nchama, who were specifically named by the
2008 U.N. Working Group on Arbitrary Detentions.
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 U.N. 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, based entirely on the 1945 system in
Franco's Spain, 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 U.N. 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.--Although by law a defendant enjoys the
presumption of innocence until proven guilty, the government suspended
due process and the presumption of innocence for several detainees
during the year. 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, but 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.
This right was seldom enforced in practice. Defendants do not have the
ability to access government-held evidence. By law the accused has the
right to appeal, but 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.--In June the government pardoned
and released the remaining 22 political prisoners.
Civil Judicial Procedures and Remedies.--Civil matters can be
settled out of court, and in some cases tribal elders adjudicated local
disputes. Courts increasingly were engaged in ruling on civil cases
brought before them, some of which involved human rights complaints.
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
criminals, foreign nationals, and others--often without required
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, NGOs,
and journalists. The government blocked employment of known members of
opposition parties.
Individuals may hold property title to land, but the state has full
power of eminent domain, which it has 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 in the prior year. No reports of
displacement were received during the year.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--Status of Freedom of Speech and
Press.--Although the constitution and law provide for freedom of speech
and press, 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.
Freedom of Speech.--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. The government reportedly attempted to impede
criticism by continuing to monitor the activities of the political
opposition, journalists, and others.
Freedom of Press.--Print media outlets were extremely limited. In
December 2010 the Ministry of Information approved El Lector, an
independent newspaper that appeared at infrequent intervals throughout
the year. Starting a new periodical required a complicated process
governed by an ambiguous law and was often inhibited by government
bureaucracy. In addition, with the exception of journalists covering
the African Union Summit in June, accreditation was cumbersome for both
local and foreign journalists, who had to register with the Ministry of
Information. International newspapers or news magazines were generally
not available in rural areas but were sold in grocery stores and hotels
in Malabo and Bata.
Only one international news agency had a regular stringer present
in the country, and government agents reportedly followed and observed
stringers for foreign media, who generally were not able to operate
freely in the country. 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 occasionally 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.
Violence and Harassment.--On June 18, security officials briefly
detained a German television crew covering women's soccer and required
the crew to delete previously recorded footage on social conditions.
Censorship or Content Restrictions.--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. International news reported that Juan Pedro Medene,
a French language social program host, was terminated from his position
on local television for mentioning Libya on a cultural show; however,
the events of North Africa were widely discussed on radio, television,
and in the newly approved independent newspaper, El Lector.
Libel Laws.--Libel is a criminal offense, but there were no
instances of the government using such laws to suppress criticism
during the year.
Actions to Expand Press Freedom.--The government approved the
establishment of an independent newspaper that was published
infrequently throughout the year.
Internet Freedom.--There were no government restrictions on access
to the Internet or credible reports the government monitored e-mail or
Internet chat rooms. Individuals and groups could engage in the
expression of views via the Internet, including by e-mail. 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 without negative repercussions to
individuals living inside the country.
Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events, although 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.
On March 8, the government canceled all International Women's Day
celebrations in the mainland city of Bata because of rumors of planned
demonstrations by opposition groups.
Members of opposition political parties, faculty members, and
students complained of government interference in the hiring of
teachers, continued employment of unqualified teachers, and pressure to
give passing grades to failing students with connections. Teachers with
political connections but no experience or accreditation were hired,
even though they seldom appeared at the classes they purportedly
taught. No teacher's union existed to defend the rights of teachers,
and teaching positions were available only to PDGE members.
b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The constitution and law provide for the right of assembly;
however, the government restricted this right, largely through limits
on freedom of association, which made it difficult for organizations
that had not gained legal authorization to operate and hold meetings
legally. Although the government formally abolished permit requirements
for political party meetings within party buildings, it denied requests
by opposition parties to hold meetings outside of their meeting spaces.
On August 1, the government denied a request by the legally
recognized Popular Union party to hold meetings in public buildings
because ``it was not during an election campaign.'' 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.
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 (see section 7). The law
prohibits the formation of political parties along ethnic lines, and
several political parties remained banned. 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.
c. Freedom of Religion.--See the Department of State's
International Religious Freedom Report at http://state.gov/j/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 occasionally restricted these rights in
practice.
During the year there were no cases in which the government
cooperated with the U.N. High Commissioner for Refugees, which had no
local office, or other humanitarian organizations in assisting refugees
and asylum seekers.
In-country Movement.--Police at roadblocks routinely checked
passing travelers and occasionally engaged in petty extortion. Frequent
roundups of undocumented immigrants also occurred at roadblocks. The
government claimed roadblocks impeded illegal immigration, mercenary
activities, and attempted coups. The number of roadblocks increased in
the period preceding the June African Union Summit.
Exile.--While the law prohibits forced internal or external exile,
members of banned opposition parties stated that the government would
prevent them from leaving the county if they attempted to do so.
Several members of banned political parties remained in self-imposed
exile.
Internally Displaced Persons (IDPs).--Unlike in the previous year,
there were no reports that the government forcibly evicted families
from their homes to make room for roads and luxury housing
developments.
Protection of Refugees.--Access to Asylum.--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.
Nonrefoulement.--In practice the government provided some
protection against the expulsion or return of persons to countries
where their lives or freedom would be threatened on account of their
race, religion, nationality, membership in a particular social group,
or political opinion. Reliable statistics were not available on the
number of such refugees.
Temporary Protection.--The government also provided temporary
protection to individuals who may not qualify as refugees. Reliable
statistics were not available.
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, although this right was extremely limited,
partly as a result of the dominance of the ruling PDGE party.
Elections and Political Participation.--Recent Elections.--In 2009
President Obiang was reelected, winning a claimed 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. The government's insistence on coordinating the movement
of election observers, prohibition on criticism of the elections, and
control of media access to cover the elections limited the
participation of international election observers at the 1,289 polling
stations. 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 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 or underage were included as PDGE
registrants.
No independent and impartial body existed to oversee the electoral
process or consider election-related complaints. The National Electoral
Commission, which was separate from the voter registration committee
and charged with ensuring the fairness of the elections and handling
formal post-election complaints, was controlled by the ruling party and
headed by the interior minister, a prominent member of the party. While
its membership included a representative of each political party that
fielded candidates, it also included representatives from the
government and lacked civil society representation. In addition, 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 approve 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,
inadequately financed, and unsupported by the public. 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, but opposition candidates
were harassed and intimidated during the presidential campaign.
Political Parties.--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. Opposition members contended government pressure precluded
them 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 often were forced to dismiss those employees or face
reprisals.
On January 27, the government appointed four deputy prime ministers
from opposition parties. At least two serving ministers were also from
the opposition.
The 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 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. On November 13, the government held a popular
vote on a constitutional referendum to limit the president to two
seven-year terms and create a vice president, a second chamber of the
legislature, an anticorruption body, and a ``Defender of the People''
to serve as a human rights ombudsman. The referendum passed with 97.7
percent support. The margin of the positive vote and the lack of any
credible oversight of the voting process raised doubts about the
legitimacy of the referendum. International NGOs and local opposition
parties claimed that the process was marred by reports of voting fraud,
harassment of opposition supporters, and intimidation of voters. There
were scattered confrontations between regime authorities and opposition
activists in the continental city of Bata.
Because the ruling party overwhelmingly dominated the commissions
established to review electoral practices and recommend reforms, few
changes were made.
Participation of Women and Minorities.--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 constituted more than 10 percent of the 100-
member parliament, including its vice president. There were two women
in the 22 member cabinet, and four of the 24 vice ministers were women.
Section 4. Official Corruption and Government Transparency
While laws provide severe criminal penalties for official
corruption, the government did not implement these laws effectively,
and officials frequently engaged in corrupt practices with impunity,
making corruption a severe problem. The presidency and prime minister's
office were the lead agencies for anticorruption efforts. At the same
time, the president and members of his inner circle continued to amass
personal fortunes from the revenues associated with oil exports.
In February the president removed several high-level government
officials from their offices due to corruption.
On September 28, French judges in Paris seized 11 luxury vehicles
owned by the president's son and Minister of Agriculture and Forestry
Teodoro Nguema Obiang Mangue due to a continuing investigation into
suspected concealment and laundering of embezzled public funds abroad.
The investigation began in 2010 as a result of a complaint filed by
Transparency International France in 2008.
In October a foreign government filed two civil forfeiture
complaints against Teodoro Nguema Obiang Mangue to recover $70.8
million in real and personal property alleged to be proceeds of foreign
corruption offenses.
Officials by law must declare their assets, although no
declarations were made public. 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.
In May the government announced its intention to renew its
candidacy in the Extractive Industries Transparency Initiative (EITI),
a multinational civil society initiative to encourage transparency and
accountability in extractive industries. The country had been delisted
as a candidate country in April 2010 because of lack of consensus among
EITI board members on whether there were extenuating circumstances that
would allow 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,
generally were unable to access government information. A lack of
organized record keeping, archiving, and public libraries also limited
access to government information.
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 ostensibly 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.
U.N. and Other International Bodies.--The government cooperated to
varying degrees with international organizations such as the ICRC and
U.N. In January the government signed a headquarters agreement with the
ICRC and began preparations to open a headquarters (see section 1.c.).
Government Human Rights Bodies.--The parliamentary committee for
complaints and petitions provided a forum for the public to register
concerns and was active during the year. The committee accepted
complaints and petitions whenever the parliament was in session. This
committee is to be upgraded into an independent ``Defender of the
People'' office, which was approved as part of the November 13
constitutional reform package. The sole opposition member in parliament
vociferously and publicly denounced abuses.
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 such issues.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution and law prohibit discrimination based on race,
gender, or religion, language, or social status, but 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 and Domestic Violence.--Rape is illegal, and penalties
date to the Spanish colonial-era penal code in existence as of 1968.
Spousal rape is not specified in the law. Penalties for rape include 12
to 20 years in prison. 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 2009 law, family courts were created to
deal with cases of violence against women; however, domestic violence
cases continued to be handled by district courts. On occasion, police
organized workshops on family violence, and public marches against
violence against women were authorized.
Female Genital Mutilation (FGM).--FGM is not criminalized, but it
was not traditionally practiced in the country. No data existed to
determine the possible practice, if any, of FGM among immigrant groups.
Sexual Harassment.--Sexual harassment is illegal; its extent was
unknown. There were no known cases brought before the courts.
Reproductive Rights.--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 U.N. Population Fund (UNFPA), less than 10
percent of the population used contraceptives. Statistics on maternal
health, prenatal care, essential obstetric care, and postpartum care
were dated and unreliable. In July the government launched a series of
demographic and health surveys to provide accurate statistics including
maternal mortality ratios. In September the Regional Director for
Africa at the World Health Organization stated that Equatorial Guinea
was one of seven countries on track to achieve its Millennium
Development Goal to reduce maternal mortality. Government officials and
international observers attributed this decline to government and
private-sector efforts to reduce malaria and improved care in
hospitals. 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 and men were equally
diagnosed and treated for sexually transmitted infections.
Discrimination.--While the law provides for equal rights for women
and men, including rights under family law, property law, and in the
judicial system, the rights of women were limited in practice.
According to the U.N. 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 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.--Birth Registration.--Citizenship is derived from one's
parents. Registration of births is the responsibility of the parents,
and failure to register a child can result in the denial of public
services.
Education.--Education is free and compulsory until age 13. The
overwhelming majority of children attended school at least through
primary grades. Boys generally completed an additional seven years of
secondary school or attended 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.
Child Abuse.--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.
Child Marriage.--While teenage pregnancies were common, the
Ministry of Social Affairs and the Promotion of Women operated several
programs to deter child marriage. There is no minimum age for marriage.
Sexual Exploitation of Children.--The law does not address child
prostitution or child pornography. There was little evidence children
engaged in prostitution for survival, and the country is not a
destination for child sex tourism. The minimum age for sexual consent
is 18.
International Child Abductions.--The country is not a party to the
1980 Hague Convention on the Civil Aspects of International Child
Abduction.
Anti-Semitism.--The Jewish community was extremely small, and there
were no reports of anti-Semitic acts.
Trafficking in Persons.--See the Department of State's Trafficking
in Persons Report at http://state.gov/j/tip.
Persons With Disabilities.--The law does not provide persons with
disabilities any 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 persons with mental
disabilities in the Virgin Madre Maria Africa facility. The country's
first lady gave several highly publicized donations to help persons
living with disabilities.
Although not written into the law, the Ministry of Education and
the Ministry of Health worked to protect 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,
harassment by security forces, and political marginalization of
minorities were problems. Foreigners were often victimized.
Undocumented 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. Foreigners routinely were stopped at
checkpoints and asked to provide documentation.
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 or 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 of health risks, availability of
testing, and the importance of practicing safe sex.
Section 7. Worker Rights
a. Freedom of Association and the Right to Collective Bargaining.--
The law provides workers the right to establish unions, affiliate with
unions of their choice, bargain collectively, and engage in strikes.
The law also allows unions to conduct activities without interference.
The Union Organization of Small Farmers continued to be the only legal
operational labor union. 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.
In practice the government placed practical obstacles before groups
wishing to organize and did not protect the right of unions to conduct
their activities without interference. Most often those seeking to
organize were co-opted into existing party structures by means of
pressure and incentives. Workers rarely engaged in strikes, 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.
There were few reports of organized, collective bargaining by any
group; however, the Ministry of Labor mediated labor disputes.
Dismissed workers, for example, could appeal to the ministry, first
through their regional delegate, but there was little trust in the
fairness of the system. Citizens have the 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, and there
were no reports it occurred.
b. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor. According to U.N. and other sources, there
was no evidence of forced labor by adults.
Also see the Department of State's Trafficking in Persons Report at
http://state.gov/j/tip.
c. Prohibition of Child Labor and Minimum Age for Employment.--The
law prohibits children under the age of 14 from working and 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 ($98
to $490). Children younger than age 16 are prohibited from
participating in work that may endanger their health, security, or
morals. A limited number of children were recruited and transported
from nearby countries, primarily Nigeria, Benin, Cameroon, and Gabon,
and forced to work as domestic servants, market laborers, and ambulant
vendors. Children involved in street work sold food, water, and
clothes; transported water; and washed cars. Young women ages 15 to 18
reportedly were involved also in transactional sex, particularly girls
studying in urban centers such as Malabo and Bata. There was no
reliable data available on the extent of child labor, although
observers believed it was not a major problem.
Law enforcement officials were stationed in market places, where
they enforced laws prohibiting minors from working. Vendors who
violated these laws could be forced to close down their stalls, heavily
fined, or deported. No vendors were prosecuted during the year. During
a recent campaign, the government asked guardians of foreign children
to provide parental proof. All children had documentation, although the
government suspected that some of the papers were forgeries. The
government did not provide social services to children found working in
markets. In general there was greater attention to 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, but inspectors focused mainly on the construction industry, not
street vending.
Also see the Department of Labor's Findings on the Worst Forms of
Child Labor at http://dol.gov/ilab/programs/ocft/tda.htm.
d. Acceptable Conditions of Work.--In September the government
increased the monthly minimum wage from 95,400 CFA francs ($188) to
129,035 CFA francs ($255) for all workers in the country. Many formal-
sector companies paid more than this, but workers in the informal
sector and domestic workers were not covered under the minimum wage
law. The law exempts domestic workers, except those working for
business executives, and those working within the family or the
informal sector from the minimum wage law. By law hydrocarbon industry
workers received salaries many times higher than those in other
sectors, worsening disparities within society and fueling inflation for
some goods and services. The Ministry of Labor is responsible for
enforcing minimum wage rules.
The Department of Labor employed approximately 100 labor inspectors
who performed labor inspections and cited companies for violations.
Enforcement of labor laws and ratified international labor agreements,
however, were not effective, resulting in poor working conditions.
Safety codes, for example, were not generally enforced. Most petroleum
companies, on the other hand, exceeded minimum international safety
standards.
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.
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. The Department of Labor does not
publish the results of its inspections. There were a growing number of
foreign workers in the construction industry who may be exposed to
hazardous conditions. Violations may include long working hours and
insufficient safety gear.
__________
ERITREA
executive summary
The Government of Eritrea is an authoritarian regime under the
control of President Isaias Afwerki. The People's Front for Democracy
and Justice (PFDJ), headed by President Afwerki, is the sole political
party. The PFDJ has controlled the country since 1991. Elections have
not taken place since the country's independence from Ethiopia in 1993.
Elements of the security forces frequently and with impunity acted
independently of civilian control.
There were consistent and persistent reports of serious human
rights violations. These abuses included, but were not limited to,
harsh and life-threatening prison conditions that included torture and
incommunicado detention, which sometimes resulted in death; forced
labor of indefinite duration through the mandatory national service
program; and the severe restriction of civil liberties including
freedom of speech, press, assembly, association, and religion.
Other abuses included the following: unlawful killings by security
forces; politically motivated disappearances; 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; the detention of political
prisoners and detainees; and infringement of privacy rights. They also
included a lack of due process and excessive pretrial detention, and
severe limits on freedom of movement and travel for all citizens,
residents, and humanitarian agencies. All remaining international
nongovernmental organizations (NGOs) were forced to close during the
year, and the activities of the U.N. were severely restricted. Societal
abuse and discrimination against women, the Kunama ethnic group, gay
men and lesbians, members of certain religious groups, and persons with
disabilities occurred. Female genital mutilation (FGM) was prevalent in
rural areas. The government limited worker rights. Child abuse and
forced child labor were problems.
The government did not take steps to prosecute or punish officials
who committed abuses, whether in the security services or elsewhere in
the government. Impunity was the norm.
Section 1. Respect for the Integrity of the Person, Including Freedom
from:
a. Arbitrary or Unlawful Deprivation of Life.--The government
committed arbitrary killings. The government continued to subject
detainees to harsh and life-threatening prison conditions, including
torture that resulted in deaths during the year. For example, credible
sources reported the death of three religious prisoners in Metier
prison due to torture and complications from untreated diseases.
Additional deaths resulted from the 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
mining camps.
Persons detained for evading national service reportedly died from
harsh treatment, and young men and women reportedly were severely
beaten and killed during round-ups for national service. Widespread
mistreating and hazing of conscripts sometimes resulted in deaths and
suicides of national service members. The government continued 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.
In May and June the government rounded up approximately 3,000
religious workers from the government-approved Eritrean Orthodox,
Evangelical (Lutheran), and Islamic faiths and sent them to the Wi'a
military camp for national service. There were reports that lack of
food and sanitary facilities at Wi'a resulted in illness among these
religious workers. In previous years persons detained at Wi'a died from
poor conditions. Reports continued that persons detained in Wi'a were
tortured. Previously, religious workers from government-approved faiths
were often not required to perform military service.
During the year a Jehovah's Witness member died while in detention.
The government did not investigate or prosecute any reports of security
force abuse.
b. Disappearance.--An unknown number of persons disappeared during
the year; they were assumed to be in government detention or to have
died while in detention. The government does not regularly notify
family members or respond to information requests regarding the status
of detainees. This included persons detained based on their political
and religious beliefs, journalists, and those who were thought to have
evaded national service.
Approximately 30 journalists in prison were considered to have
disappeared (see section 2.a.). The government also held local staff
employed by foreign diplomatic missions in incommunicado detention and
did not provide information regarding their location.
Round-ups in Asmara preceding the annual May 24 Independence Day
celebrations were more coordinated than in previous years. Authorities
detained an estimated several thousand persons in the capital region;
some were held temporarily, while an unknown number reportedly
disappeared.
There was no additional information regarding the February 2010
report of 12 Eritreans deported from Libya who disappeared.
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. Reports of prisoners' deaths due to torture, poor
sanitation, and inadequate medical treatment were common, although
secrecy and lack of access make it impossible to determine the number
of deaths.
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. Torture or mistreatment included prolonged sun exposure in
temperatures of up to 120 degrees Fahrenheit; the binding of hands,
elbows, and feet in contorted positions for extended periods of time;
forcing inmates to walk barefoot on sharp objects; overcrowded
conditions; exposure to extreme heat from confinement in crowded and
unventilated metal shipping containers or in crowded cement-lined
underground pits without ventilation or sanitation; suspension from
trees with arms tied behind the 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 and abuse methods, and no known action was taken during
the year to punish the perpetrators.
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.
Prison and Detention Center Conditions.--Prison conditions remained
harsh and life threatening. Severe overcrowding was common. Some
prisoners were shackled in unventilated holding cells for long periods
of time in extreme desert heat and died due to heat exhaustion and lack
of medical care. Underground cells or shipping containers with little
or no ventilation in extreme temperatures held prisoners. The shipping
containers were reportedly not large enough to allow all of those
incarcerated to lie down at the same time. The cement-lined underground
bunkers held up to 200 prisoners each; prisoners reportedly lost
consciousness from the extreme heat.
The government did not provide adequate provisions for basic and
emergency medical care in prisons and detention centers, and detainees
died due to lack of medical treatment during the year. Food was not
adequate. Potable water was generally not available.
During the year Misghina Gebretinsae, a Jehovah's Witness, died
while in prison. He was reportedly held in solitary confinement in a
container the week before his death. Authorities arrested Gebretinsae
in 2008 during the onset of arrests of many Jehovah's Witnesses.
There were numerous unofficial detention centers, most located in
military camps and used as overflow detention centers following mass
arrests and roundups. 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 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 a cell door constantly, as if the prisoner were going to be taken
for interrogation with beatings. 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.
The government did not investigate and monitor prison and detention
center conditions. There are more than 300 prisons and detention
centers, which were filled to capacity.
Although there was a juvenile detention center in Asmara, juveniles
frequently were held with adults in prisons and detention centers, and
some young children were held with their mothers. Juveniles were
sometimes imprisoned with their mothers and other detainees in adult
facilities. Pretrial detainees typically were not separated from
convicted prisoners.
Prisoners and detainees did not have reasonable access to visitors
and were not always permitted religious observance. Authorities
commonly moved prisoners to locations far from their families to make
family visits impossible. In some circumstances authorities permitted
convicted criminals 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 and often were held in solitary confinement. Those
imprisoned were often interrogated about religious affiliation and were
asked to identify members of religious groups that were not approved,
such as Jehovah's Witnesses.
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, which
authorities did not investigate. There were no ombudsmen to serve on
behalf of prisoners. There are no provisions for addressing the status
and circumstances of confinement of juvenile offenders, pretrial
detention, or bail. Recordkeeping procedures are not transparent,
making it impossible to assure that prisoners do not serve beyond the
maximum sentence for the charged offense.
During the year the government did not permit the International
Committee of the Red Cross (ICRC) to monitor prison conditions; this
included denying the ICRC access to Ethiopian prisoners of war detained
in the country.
d. Arbitrary Arrest or Detention.--The law and unimplemented
constitution prohibit arbitrary arrest and detention; however,
arbitrary arrest and detention remained widespread.
Role of the Police and Security Apparatus.--Police were responsible
for maintaining internal security, and the army was responsible for
external security; however, the government utilized 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. Police
generally 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. Participation in the national service program, which is of
indefinite duration and requires conscripts to perform a wide variety
of military and nonmilitary activities, is mandatory. Impunity for
abuse was the norm.
Arrest Procedures and Treatment While in Detention.--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.
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 suspects were detained 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. Authorities also often changed the charges against detainees
during detention. The government argued that those detained without
charge can be assumed to be charged under national security grounds.
There were credible reports that release from detention sometimes
occurred in the following circumstances: after providing proof of
completion of national service, after being threatened with death for
continued religious or homosexual activity, after recanting religious
faith or declaring allegiance to the Eritrean Orthodox Church, after
paying a fine equivalent to hundreds or thousands of dollars or having
another person put up their house as guarantee, after unpaid forced
labor such as picking vegetables for several months, or just before
imminent death caused by torture during detention.
The law provides for a bail system, except for persons charged with
national security crimes or crimes that could carry the death penalty.
In practice bail was arbitrary, not always used, and often involved
paying a bribe after someone with government connections interceded.
Detainees in prisons often did not have access to counsel. Detainees in
police stations not held on national security grounds often had access
to legal representation and family members. It was unclear whether
indigent detainees were sometimes provided counsel, as occurred in
previous years. Incommunicado detention was widespread.
Arbitrary Arrest.--Arbitrary arrest occurred frequently. Security
force personnel detained individuals for reasons such as evading
national service, criticizing the government, practicing one's
religious beliefs, and for unspecified alleged national security
reasons. Numerous persons were detained, even if they had valid papers
showing they had completed or were exempt from national service. In
practice most detainees were informally charged with violations
relating to national service, effectively allowing authorities to
incarcerate them indefinitely.
Security forces also continued to detain and arrest the parents and
spouses of individuals who evaded national service or fled the country.
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 the observance of Independence Day and also
harvest season, when many of those detained were forced to pick
vegetables for several months for no pay on government-controlled
farms.
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 was at least one report
of a Jehovah's Witness being arrested during the year.
Authorities reportedly arrested 41 evangelicals on New Year's Eve
2010 and 31 others on January 9. No further information was available
as to the whereabouts of individuals detained.
The government does not recognize dual nationality, and during the
year security forces arbitrarily arrested citizens holding other
nationalities on national security charges.
Numerous reports also indicated that persons with connections to
high-level officials instigated the arrest of individuals against whom
they held grudges. In many instances these individuals were never
formally charged.
Pretrial Detention.--The government held numerous other detainees
without charge or due process. The percentage of the prison/detainee
population in pretrial detention was not available. Some detainees were
still in prison after a decade, and others died while in detention.
Detainees included an unknown number of persons suspected of
antigovernment speech or 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 Abune Antonios 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.
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. 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. 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.
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.
Administered by the military, the special courts are overseen by
the Office of the President. 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. They
are used as a tool to silence dissent. 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.
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 (Islamic law) for family and succession cases may be applied
when both litigants in civil cases are Muslims. The government allowed
Muslim courts to apply sharia, but not in any cases where physical
punishment was envisioned.
Trial Procedures.--Most detained persons were not ever brought to
trial. No cases involving individuals detained for national security or
political reasons were brought to trial.
The judicial system consists of regular courts and special courts.
In regular courts defendants have the right to be present and to
consult with an attorney; however, many could not afford a lawyer, and
government legal aid was rarely provided. The government reopened the
law school in 2010. New lawyers work for the government and do not go
into private practice.
The regional court is generally the court of first instance and has
civil, criminal, and sharia 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 also has civil, criminal, and sharia benches. Only in
the High Court do 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. 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. There also is a
five-judge bench that hears final appeals in lieu of a Supreme Court.
Rural courts followed customary law rather than constitutional law
and were headed by rural elders or elected officials. Local
administrators in rural areas encouraged citizens to reconcile outside
the court system for less serious cases, and customary courts are
widely used. More substantial cases were reserved for the courts. Some
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 were routinely arrested
on political grounds, and the penal system lacked due process and
transparency. 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. The government did not
permit access to such persons by international humanitarian
organizations. No new information was available regarding Eritrean
diplomats and staff of embassies and international organizations
detained in previous years. In 2010 a former prison official reported
that 20 of a group of 35 high-ranking government officials,
journalists, and staff of international organizations remained detained
at Era-Ero prison; the other 15 had reportedly died.
In May and June, the government arrested 90 religious believers
around Asmara, in addition to the approximately 3,000 religious workers
detained during the same time period (see section 1.a.). Of the 90, six
were reportedly released by year's end.
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 under 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 entered homes without judicial authorization. There
were reports that plainclothes agents of the National Security Office
entered homes without warrants, carried out illegal searches, and
threatened family members, including children. For example, there were
reports that security forces targeted gatherings of unregistered
religious groups, regularly searched their homes, and detained their
members.
The government monitored mail, e-mail, text messages, and telephone
calls without obtaining warrants as required by law. Government
informers were present throughout the country. Many citizens believed
the government particularly monitored cell phones; it 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 was unevenly applied, and there was 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. Mail was commonly
opened and resealed before delivery. If mail was sent to the country
containing religious material or other material deemed suspicious by
the government, the government typically confiscated the mail and
called in the person designated to receive the mail for interrogation.
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 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.
Membership in the PFDJ, the only legal political party, was not
mandatory for all citizens; however, 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, and their families in Eritrea were subject to
harassment. Eritrean officials overseas also collected biographical and
contact information on Eritreans living abroad.
It was reported that Eritrean military officials or proxies used
access to persons in refugee communities in neighboring countries such
as Kenya and Sudan to threaten them against becoming politically active
in Eritrean politics without permission of their respective
governments.
There were also reports of security forces arresting persons whose
foreign family members did not pay their extraterritorial income tax of
2 percent of foreign earned income.
Military and other officials seized residences and businesses
belonging to private citizens and registered and unregistered religious
organizations and housed the families of senior military officers or
other officials in the properties, used them for government or military
functions, or transferred ownership to civilian and military officials.
No compensation was given for such forced evictions.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--Status of 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.
Freedom of Speech.--The government severely restricted the ability
of individuals to criticize the government in public or in private, and
some who did were arrested or detained. 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. Public criticism about the government's
inability to combat poverty and malnutrition was prohibited. The
government actively monitored the Eritrean diaspora via agents.
Freedom of Press.--The private press remained banned. The
government controlled all media, which included one newspaper that was
published in three languages, three radio stations, and a television
station. The law requires journalists to be licensed. The law does not
allow private ownership of broadcast or other media. Satellite dishes
were widespread in Asmara and allowed by the government. Throughout the
year the government ordered restaurants and hotels to shut off
television satellite feeds of international news organizations when
stories were shown that they believed could incite unrest, particularly
those relating to events in North Africa and the Middle East. The
minority who could afford to purchase satellite dishes had access to
uncensored international news.
The law restricts printing and publication of materials. The
printing of a publication that does not have a permit and the printing
or dissemination of prohibited foreign publications are both punishable
by imprisonment. Government approval is required for distribution of
publications from religious or international organizations.
During the government-sponsored annual book fair in Asmara, from
March 18 to 25, those attempting to buy books were required to show
their national identity cards. Supervisors of booths selling books
logged the names and national identity numbers of purchasers.
Violence and Harassment.--Most independent journalists remained in
detention. According to Reporters Without Borders, the government
continued to detain more than 30 journalists during the year. The
government did not provide information about their places of detention
or health, rendering these cases of forced disappearance. Between June
1, 2010, and May 31, six journalists reportedly fled the country.
During the year authorities arrested at least four journalists. In
February authorities arrested radio journalists Nebiel Edris, Ahmed
Usman, and Mohamed Osman. In March the government arrested sports
journalist Tesfalidet Mebrahtu, who worked with state-owned radio and
television.
No new information was available regarding the disappearance of
Dawit Isaac, founder of the now-closed weekly newspaper Setit. Isaac's
brother and others reportedly submitted a writ of habeas corpus to the
court requesting details on his location and a review of his detention.
Censorship or Content Restrictions.--Most independent journalists
remained in detention or had fled the country, which effectively
prevented any media criticism of the government. All other journalists
practiced self-censorship due to fear of government reprisal.
Journalists are required to obtain written permission to take
photographs. The one foreign news organization operating had only one
heavily censored stringer, who did not permanently reside in the
country.
Libel Laws/National Security.--Although libel or national security
laws were not used to prosecute persons, the government repeatedly
asserted that national security concerns were at the root of
suppressing free speech and criticism. Persons detained in relation to
freedom of speech and press often were detained indefinitely without
being brought to trial.
Internet Freedom.--There were government restrictions on access to
the Internet, and the government monitored Internet communications.
The government monitored e-mail without obtaining warrants as
required by law. All Internet service users were required to use one of
the three Internet service providers owned directly by the government
or controlled through high-ranking PFDJ party members. While Internet
cafes with extremely limited bandwidth were available in Asmara and
other major cities, the vast majority of persons in the country did not
have access to the Internet. Those who wanted a larger bandwidth, such
as some international mining corporations, paid exorbitant prices far
beyond the reach of the local population. In rural areas of the
country, there was no access to the Internet. Government informants
frequented Internet cafes, where they visually monitored customers'
screens and occasionally demanded customers' records. 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.
Academic Freedom and Cultural Events.--The government restricted
academic freedom, including by 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 systematically restricted the ability of persons to
access education. In order to enroll their children in more selective
primary schools, parents often paid bribes or provided favors to local
authorities or staff at the school.
There were reports that schools separated students whose families
included liberation fighters from students whose families did not
include fighters. Students whose families included liberation fighters
were sometimes required to serve only five months or less in the
military and were often assigned to prized places in technical
colleges, freeing them of indefinite military service. Students whose
families did not include a liberation fighter often served indefinite
military service with no opportunity for higher education.
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.
In 2002 the government reorganized the University of Asmara,
closing the central campus and splitting it into seven undergraduate
colleges spread throughout the country. It was commonly believed that
this was done to avoid a concentration of students who might stage
political protests.
The government denied exit visas to many students who wanted to
study abroad. College academics who wished to travel abroad for further
study or training were required to seek exit visas and permission in
advance from the appropriate college president and the government. Many
students chose to risk their lives by illegally crossing the border
into Sudan or Ethiopia in hopes of attending a university abroad.
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.
There were few cultural events which were not directly sponsored by the
government.
b. Freedom of Peaceful Assembly and Association.--Freedom of
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 only
sporadically.
Security forces disrupted public meetings and religious and
cultural gatherings. Security forces typically photographed,
interrogated, and recorded the names of participants.
On April 27, in the town of Segheneyti, police arrested 120
Catholic parishioners who were marching to the regional administrator's
office to protest a government order for their priests to report to
Sawa Military School. Those detained were later released.
Freedom of Association.--The law and unimplemented constitution
provide for freedom of association; however, the government did not
respect it in practice.
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.
c. Freedom of Religion.--See the Department of State's
International Religious Freedom Report at http://state.gov/j/drl//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. For example, citizens participating in
national service were often denied internal travel permits, passports,
and exit visas unless they received special privileges or paid bribes.
The government provided limited cooperation to the Office of the
U.N. High Commissioner for Refugees (UNHCR) to provide protection and
assistance to refugees recognized by the government. However, the
government did not recognize refugees from Ethiopia or cooperate with
the UNHCR on their behalf. The government's Office of Refugee Affairs
managed the refugee camps, providing clinics, schools, and other
resources. The camps were primarily composed of persons from Somalia
and Sudan. Refugees from Ethiopia generally lived in the capital.
In-country Movement.--Citizens require 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 even
bans bus services to certain towns near the border with Ethiopia.
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.
Travel restrictions imposed in 2006 on noncitizens remained in
effect. All diplomats, humanitarian organizations, U.N. 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.
Prior to the closure of all international NGOs, the government
prevented NGO travel by restricting fuel supplies and failing to
respond to requests for travel permits.
Foreign Travel.--The government severely restricted foreign travel
and continually modified its requirements to obtain passports and exit
visas, sometimes suspending passport or exit visa services without
warning. The prohibitive cost of passports deters many citizens from
foreign travel. It costs a citizen in national service the equivalent
of 40 percent of his or her gross yearly salary to obtain a valid
passport. Some persons previously issued passports were not allowed to
renew them, nor were they granted exit visas.
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 younger than 47; members of Jehovah's
Witnesses and other unregistered religious groups; persons who had not
completed national service; and other persons out of favor with, or
seen as critical of, the government. While not consistently
implemented, some relaxation of exit visa requirements took place
during the year, allowing an unknown number of persons below the
described age cutoffs to leave the country without imposing additional
bribes or favors to officials. Some females married more than 10 years
and some persons released from national service received exit visas.
In 2006 the government began refusing to issue exit visas to
children 11 years old and older. Increasingly, children of any 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 both 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) or more. Exit visa policies were frequently adjusted in
nontransparent ways specifically to benefit the relatives of high-
ranking government officials. For example, the government posted
notices on current exit visa regulations in nondesignated,
inconsistent, and inaccessible locations.
Emigration and Repatriation.--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 for future departures from
the country. If the applicant had broken a law abroad, contracted a
serious contagious disease, or was declared ineligible for political
asylum by other governments, his or her application to return to the
country was considered on a case-by-case basis.
In 2009 the government halted its repatriation program with the
ICRC, preventing the repatriation of thousands of Ethiopians.
Citizenship.--The government does not recognize dual citizenship.
It generally considered persons of Eritrean descent to be citizens. The
government did not grant consular access to detained dual citizens. In
1994 the government revoked the citizenship of Jehovah's Witnesses due
to their refusal to take part in the referendum on independence or
participate in national service. Younger Jehovah's Witnesses who did
not perform the compulsory military service were not able to obtain
identification cards and thus were not eligible for any government
sector jobs or for coupons to buy basic essentials (food and kerosene)
at government-subsidized prices.
Internally Displaced Persons (IDPs).--While almost all IDPs from
the conflict with Ethiopia were permanently resettled in previous
years, hundreds of IDP families remained in the Gash Barka Region. The
government allowed U.N. organizations and the ICRC to provide
assistance to former IDPs.
Protection of Refugees.--Access to Asylum.--The country's laws do
not specifically provide for the granting of asylum or refugee status.
However, in practice the government provided protection against the
expulsion or return of refugees to countries where their lives or
freedom would be threatened on account of their race, religion,
nationality, membership in a particular social group, or political
opinion. The government did not grant Ethiopians asylum.
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, except for Ethiopians. The fee was 500
nakfa ($33); the card was used to demonstrate that a foreigner was not
indigent. If foreigners could not pay the fee, they were first referred
to the ICRC for repatriation. If they refused repatriation, they were
incarcerated for 60 days, at which point the cycle began again.
Refugee Abuse.--As in previous years the government systematically
rounded up persons who had not performed military service and
Ethiopians around the country's Independence Day (May 24). The
Ethiopians were held in a camp until authorities verified they were not
indigent or they paid a fine.
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.
Temporary Protection.--The government provided temporary protection
to 89 persons from Sudan, 3,865 persons from Somalia, and 77 persons
from Ethiopia on a prima facie basis.
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.--Elections.--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.
Political Parties.--The country is a one-party state. Power rested
with the PFDJ and its institutions. At times the government coerced
persons to join the PFDJ. Although no other political parties operated
in the country, citizens living abroad established several political
parties and a shadow government in Ethiopia. During the year the
government continued to label individuals as gay, traitors, rapists,
pedophiles, and traffickers if they were deemed not loyal to the
government.
Participation of Women and Minorities.--Almost all high-level
government officials were former liberation fighters who had been in
power since 1993. 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. The
head of the navy was an ethnic Afar.
Section 4. Official Corruption and Government Transparency
The law does not provide criminal penalties for official
corruption, and officials frequently engaged in corrupt practices with
impunity.
Persons seeking executive and/or judicial services often must pay a
``gift'' or bribe through a system of patronage and cronyism to access
services. 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 military officials or former
fighters from the independence struggle who were in favor with the
government. Officials involved in the penal system often manipulated
the family members of those in detention for illegal bribes or other
favors.
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 for government services involving issuance of identification
and travel documents, including in the passport office. Individuals
requesting exit visas or passports often had to pay bribes.
Police, who often were conscripted, were paid 15 nakfa ($1), and
corruption was a problem. Reports were common of police and other
security force members committing crimes to supplement their income,
including breaking into homes to steal jewelry, money, and food. Police
typically used their influence to assist friends and family, such as
facilitating their release from prison. Reports were common that police
demanded bribes to release detainees and that military personnel
systematically accepted money to smuggle citizens from the country and
cooperated with human trafficking groups. 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.
The government has a history of seizing successful private
companies and transferring them to the PFDJ or the government.
Individuals were not compensated for these seizures. The government
provided privileges to former liberation ``fighters'' and their
relatives by granting them access to business opportunities, licenses
to import and export goods, 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
The government forced the closure of all remaining international
NGO offices during the year (Oxfam, Lutheran World Federation, Irish
Self-Help, Gruppo Missione Asmara of Italy, Refugee Trust
International, and Norwegian Church Aid), and seized NGO property that
it claimed belonged to the government. These NGOs filled gaps in
essential services that the government did not provide, such as
adequate access to food and water. Prior to the closure, the government
sometimes prevented NGO travel by restricting fuel supplies and failing
to respond to requests for travel permits.
Civil society organizations were few in number, lacked capacity,
and were controlled by the government or fearful of government
reprisal.
U.N. and Other International Bodies.--The government severely
restricted U.N. operations in the country. The government did not
permit the World Food Program, which maintained an office in the
country, to conduct humanitarian food distribution, although it allowed
UNICEF to continue its supplemental feeding programs under the
supervision of the Ministry of Health. By requiring U.N. organizations
to obtain permission for travel outside the capital, the government
effectively controlled access to rural areas.
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 and providing
assistance to IDPs. The government did not permit the ICRC to visit
prisons or detention centers.
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 and Domestic Violence.--Rape is a crime punishable by
up to 10 years of imprisonment. Gang rape or rape of a minor or an
invalid is punishable by up to 15 years in prison. Sexual assault is
punishable by six months to eight years in prison. Spousal rape is not
specifically 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. 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.
Female Genital Mutilation (FGM).--(See section 6, Children--Harmful
Traditional Practices).
Sexual Harassment.--Sexual harassment is illegal; however, cultural
norms prevented women from reporting such incidents, and no one was
known to have been charged or prosecuted for sexual harassment during
the year.
Reproductive Rights.--Couples and individuals have 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. In January the government
forced all private medical clinics to close. Maternal mortality was
high due to lack of skilled medical personnel and supplies. The
government runs a program for child and maternal health and funds
contraception, but access to such programs in rural areas was limited.
Discrimination.--Women have a legal right to equal educational
opportunities, equal pay for equal work, and equal property rights;
however, in practice men retained privileged access to education,
employment, and control of economic resources, particularly in rural
areas. Women generally did not enjoy a social status equal to men.
The law requires that women, starting from grade 12, participate in
national service, although girls already married were generally exempt.
During the year the government continued efforts to detain female draft
evaders and deserters. Women drafted for national service were often
subjected to rape, sexual harassment, and other abuse.
The Ministry of Labor and Human Welfare and the Ministry of Health
are the primary government offices responsible for ensuring legal
rights of women along with the quasigovernmental National Union of
Eritrean Women (NUEW).
Children.--Birth Registration.--Citizenship is derived from at
least one parent being an Eritrean citizen. Registration of a new birth
within the first three months of a child's life requires only a
hospital certificate; after three months the parents must present
themselves to the local (zoba) authorities with the child and three
witnesses. If not registered a child cannot attend school but can
receive medical treatment at hospitals. An increasing number of persons
registered their children within the three-month period to avoid
complications. Persons born abroad to at least one Eritrean parent are
considered citizens. Some persons born to Eritrean parents in Eritrea
were not able to obtain national identity cards and government services
due to government discrimination--for example, members of certain
religious groups.
Education.--Education through grade seven is compulsory and
tuition-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. Schools have two shifts, which reduces the amount of teaching
time per student. Three students often have to share a single chair. In
rural areas young girls usually discontinued school early to work at
home.
The government requires all students (except girls already married,
who were generally exempt) 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. Many students repeated
grades, dropped out of school after the 11th grade, or attempted to
leave the country to avoid being forced to go to the camp. In addition,
some female students married to avoid being forced to attend the camp.
Women could earn an alternative secondary school certificate by
attending night school after completing national service. There were
reports that students whose parents were liberation fighters were
favored over others in assignment of living accommodations, shorter
terms of national service, more frequent approvals for temporary leave
from military training, and greater opportunities for study.
Child Abuse.--There are no laws against child abuse and no
government programs to combat the problem. Physical punishment was
widespread and socially accepted.
Child Marriage.--The legal minimum age for marriage for both men
and women is 18, although religious entities may bless marriages at
younger ages. UNICEF reported in 2009 that 46 percent of girls were
married before reaching 18.
Harmful Traditional Practices.--The law prohibits FGM. According to
reliable sources, the practice of FGM has been largely eliminated in
urban areas through the impact of government educational campaigns, but
FGM continued among the majority rural population. Before recent
campaigns largely eliminated FGM in urban areas, international
organizations reported that 95 percent of girls had undergone FGM, and
that figure was likely still accurate in rural regions. In the
lowlands, infibulation--the most severe form of FGM--was practiced. The
government and other organizations, including the NUEW and the National
Union of Eritrean Youth and Students, continued to sponsor a variety of
education programs that discouraged the practice.
Sexual Exploitation of Children.--The law criminalizes child
prostitution, pornography, and sexual exploitation. The minimum age for
consensual sex is 18. There were several known locations in the capital
where prostitution, including child prostitution, took place.
Child Soldiers.--The law prohibits the recruitment of children
under 18 into the armed forces; however, in practice younger children
were conscripted by their forced attendance at Sawa military and
educational camp. 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.
Displaced Children.--During the year humanitarian groups and
interlocutors continued to anecdotally note 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 the program's
ability to provide services.
International Child Abductions.--The country is not a party to the
1980 Hague Convention on the Civil Aspects of International Child
Abduction.
Anti-Semitism.--There were fewer than 10 Jews in the country. There
were no reports of anti-Semitic acts.
Trafficking in Persons.--See the Department of State's Trafficking
in Persons Report at http://state.gov/j/tip.
Persons With Disabilities.--The law and unimplemented constitution
prohibit discrimination against persons with disabilities in
employment, education, or in the provision of other state services.
Reports of discrimination against persons with disabilities, especially
in rural areas, were common. This was particularly the case for those
who were not former liberation fighters. 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 later conflict with Ethiopia. There are no laws
mandating access for persons with disabilities to public roads, public
or private buildings, information, and communications. A few hotels and
government offices provided such access or employed guards that would
provide assistance as needed. The Ministry of Labor and Human Welfare
was responsible for protecting the rights of persons with disabilities.
National/Racial/Ethnic Minorities.--Discrimination against
minorities was a problem. There were reports of government and societal
discrimination against the Kunama, one of nine ethnic groups, who
reside primarily in the northwest.
Web sites stated that the government ignored the impact of the June
12 Nabro volcano eruption on ethnic minorities who resided in the area
near the volcano.
Governmental and societal abuse of Ethiopians occurred. Ethiopians
were arbitrarily arrested and asked to pay bribes 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.--The law criminalizes
consensual same-sex sexual activity. Individuals continued to be
detained for alleged consensual same-sex sexual activity. During the
year there were unconfirmed reports that the government carried out
periodic roundups of individuals considered gay or lesbian. Gay men and
lesbians faced severe societal discrimination. The government
repeatedly accused foreign governments of promoting homosexuality to
undermine the government. There were reports that known gay men 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 known
societal violence or discrimination against persons with HIV/AIDS.
Section 7. Worker Rights
a. Freedom of Association and the Right to Collective Bargaining.--
The law provides workers with the legal right to form and join unions
to protect their interests; and allows unions to conduct their
activities without interference. However, some government policies
severely 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 Ministry of Labor
and Human Welfare must grant special approval for groups of 20 or more
persons seeking to form a union. The law prohibits antiunion
discrimination. While the law provides for the reinstatement of union
leaders dismissed for union activity, it does not provide this same
protection for other workers. The law also provides for collective
bargaining and the right to strike. The law provides for a fine of
1,200 nakfa ($80) as penalty for antiunion discrimination or acts of
interference. According to the International Labor Organization's
Committee of Experts on the Application of Conventions and
Recommendations, this fine did not constitute an adequate protection.
There were no penal provisions specifically covering such violations.
In practice freedom of association and the right to collective
bargaining continued to be restricted during the year. The government
continued to fail to enforce applicable laws. The government ran all
unions, including the Teachers' Union, Women's Union, Youth's Union,
and Workers' Union. Membership in these unions was required as a
precondition for working in their respective fields. Union leaders were
typically government employees, and union activities were generally
government sanctioned. While there were no reports that the government
either opposed or approved the formation of labor associations during
the year, the threat of disappearance for organizing without government
permission prevented the formation of independent unions.
The only legal unions are government-controlled and typically acted
to prevent workers from organizing. As all unions were subservient to
the government, there was no free, independent collective bargaining
during the year. The ability of government-backed industries to use
national service conscripts as free or cheap sources of labor on
nonmilitary projects prevented labor market competition. As all unions
were closely aligned with the government, they did not exercise or
promote the right to strike.
b. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, including by children. However, the
country's mandatory national service program of indefinite duration
requires conscripts to perform a wide variety of both military and
nonmilitary activities, including harvesting and work in the service
sector. There were also reports that military officials used soldiers
in national service to perform free labor for personal tasks such as
construction of houses and crop harvesting. 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 begin national conscripted labor while still
under 18.
With few exceptions the government requires all men and women upon
graduation from high school to participate in the national service
program until demobilization, which includes 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. The government justified its open-
ended draft on the basis of Ethiopia's occupation of some 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 Trafficking in Persons Report at
http://state.gov/j/tip.
c. Prohibition of Child Labor and Minimum Age for Employment.--The
legal minimum age for employment is 14, although this does not apply to
self-employed workers. The minimum age for hazardous work is 18. The
law prohibits minors from working in transport industries or working
underground, such as in mines and sewers. However, children in
apprenticeships may engage in these hazardous work assignments,
provided they are supervised by a competent authority. It was unclear
at what age a child may become an apprentice.
Labor inspectors from the Ministry of Labor and Human Welfare are
responsible for enforcing child labor laws; however, laws were not
enforced. Inspections, if conducted at all, were infrequent; and
penalties, if imposed, were arbitrary. Although the government had a
national plan of action to protect children from exploitation in the
workplace, it was not enforced, and the government refused to provide
information on what actions it was taking to protect children from
exploitation.
The Ministry of Education continued mahtot, a national program by
which schools designate students from ninth, 10th, and 11th grades to
participate in summer work programs. News reports from state-run media
indicated that these students engaged in various activities such as
environmental conservation, road construction and maintenance,
production and maintenance of school furniture, and laying power lines/
telephone cables. In addition, the government requires all secondary
school students to complete 12th grade at the Sawa military and
educational camp.
Children were engaged in child labor, including the worst forms of
child labor, many of them in agriculture, domestic service, and
automotive repair; however, data on the extent of child labor was not
available. Children in rural areas assisted with farming, fetched
firewood and water, and herded livestock. In urban areas children
worked in small-scale manufacturing, car and bicycle repair shops, tea
and coffee shops, or the transportation of grain and other goods via
donkey carts. Some children worked in the streets cleaning cars or
selling cigarettes, newspapers, or chewing gum. Begging and
prostitution among children in Asmara also occurred. Persons who fled
the country reported that police arrested children and forced them into
military service and other forms of national service despite their
being younger than the minimum working age.
Also see the Department of Labor's Findings on the Worst Forms of
Child Labor at http://dol.gov/ilab/programs/ocft/tda.htm.
d. Acceptable Conditions of Work.--The government sets wages for
union workers, employees of PFDJ-owned enterprises, and government
employees. There is no national minimum wage for the private sector.
The standard workweek was 44.5 hours, but forced overtime without fair
compensation was often required by employers. There are no prohibitions
against excessive overtime. Workers were legally entitled to overtime
pay, except for those employed under national service, but this was not
enforced. Workers were entitled to one rest day per week; most received
one to one-and-one-half days off. There were no known occupational
health and safety standards or enforcement mechanisms.
Civil service employees and national service recruits were paid
according to a fixed scale, the most common salary being 500 nakfa
($33) per month. For most professions wages had not increased for more
than a decade despite high inflation. Inspection and enforcement were
nonexistent or varied widely among work places. In practice some
workers removed themselves from dangerous work sites without
retaliation.
Abuses pertaining to wage, overtime, or safety and health standards
were common in all sectors. 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 they paid a fine.
__________
ETHIOPIA
executive summary
Ethiopia is a federal republic led by Prime Minister Meles Zenawi
and the Ethiopian People's Revolutionary Democratic Front (EPRDF). In
national parliamentary elections in May 2010, the EPRDF and affiliated
parties won 545 of 547 seats to remain in power for a fourth
consecutive five-year term. The EPRDF is made up of four ethnically
based political organizations: the Tigrayan People's Liberation Front,
Amhara National Democratic Movement, Oromo People's Democratic
Organization, and Southern Ethiopian People's Democratic Movement.
Although the relatively few international officials 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. Security forces generally reported to civilian
authorities; however, there were instances in which special police and
local militias acted independently of civilian control.
The most significant human rights problems included the
government's arrest of more than 100 opposition political figures,
activists, journalists, and bloggers. The government charged 14 of
those arrested under the antiterrorism proclamation. In addition it
charged another 17 persons outside the country in absentia under this
proclamation. The government restricted freedom of the press, and fear
of harassment and arrest led journalists to practice self-censorship.
The Charities and Societies Proclamation (CSO law) continued to impose
severe restrictions on civil society and nongovernmental organization
(NGO) activities.
Other human rights problems included torture, beating, abuse, and
mistreatment of detainees by security forces; harsh and at times life-
threatening prison conditions; arbitrary arrest and detention;
detention without charge and lengthy pretrial detention; infringement
on citizens' privacy rights, including illegal searches; allegations of
abuses in connection with the continued low-level conflict in parts of
the Somali region; restrictions on freedom of assembly, association,
and movement; police, administrative, and judicial corruption; 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; clashes between ethnic minorities;
discrimination against persons based on their sexual orientation and
against persons with HIV/AIDS; limits on worker rights; forced labor;
and child labor, including forced child labor.
Impunity was a problem. The government did not take steps to
prosecute or otherwise punish officials who committed abuses other than
corruption.
The Ogaden National Liberation Front (ONLF), an ethnically based,
violent, and increasingly fragmented separatist group operating in the
Somali region, was responsible for abuses.
Section 1. Respect for the Integrity of the Person, Including Freedom
from:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the government or its agents committed politically
motivated killings during the year.
Human Rights Watch reported that it received reports of five to six
persons dying due to security force beatings in connection with the
government's ``villagization'' program during the year (see section
1.f.).
In May gunmen linked to the ONLF killed a humanitarian aid worker
(see section 1.g.).
Clashes between ethnic groups during the year resulted in dozens of
deaths, as well as the displacement of persons (see sections 2.d. and
6, National/Racial/Ethnic Minorities).
b. Disappearance.--There were no reports of politically motivated
disappearances; however, there were credible reports that security
officials temporarily detained opposition activists and held them
incommunicado.
The ONLF held two humanitarian aid workers for more than six weeks
(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 credible reports that security officials tortured and
otherwise abused detainees.
Authorities reportedly tortured Ethiopian National Unity Party
president Zerihun Gebre-Egziabher and journalist Woubishet Taye, two of
the nine persons arrested June 19-21and accused of terrorist activity
and involvement with the Oromo Liberation Front (OLF) (see section
1.e.).
In November 2010 the U.N. Committee Against Torture reported 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--including
the military--against political dissidents and opposition party
members, students, alleged terrorists, and alleged supporters of
violent separatist groups like the ONLF and the 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. Some reports of such
abuses continued during the year.
Numerous credible sources confirmed in 2009 that in Maekelawi, the
central police investigation headquarters in Addis Ababa, police
investigators often used physical abuse to extract confessions.
Citizens widely believed that such treatment remained a common practice
at Maekelawi. Authorities continued to restrict access by diplomats and
NGOs to Maekelawi.
Prison and Detention Center Conditions.--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 ($0.46) 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.
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.
At the end of 2010 there were an estimated 86,000 persons in
prison, of whom 2,474 were women and 546 children incarcerated with
their mothers. Juveniles sometimes were 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. Some of
those charged with terrorist activity reported that their families were
not allowed to visit them in prison.
Prisoners generally were permitted religious observance, but this
varied by prison, and even by section of prison, at the discretion of
prison management. Prisoners may, 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
present.
The government and prison authorities generally cooperated with
efforts of the Ethiopian NGO Justice for All-Prison Fellowship Ethiopia
(JFA-PFE) to improve prison conditions. JFA-PFE was granted access to
various prison and detention facilities, including federal prisons. It
ran ``model'' prisons in Adama and Mekele, with significantly better
conditions than those found in other prisons.
Because the government routinely failed to meet its accepted
obligation to notify diplomatic missions of the arrest of foreign
nationals, foreign representatives had only rare access to prisons and
other detention facilities.
d. Arbitrary Arrest or Detention.--Although the constitution and
law prohibit arbitrary arrest and detention, the government often
ignored these provisions in practice.
Role of the Police and Security Apparatus.--The Federal Police
Commission reports to the Ministry of Federal Affairs, which is subject
to parliamentary oversight; however, this oversight 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 operated across the country in loose coordination with
regional and federal police and the military, with the degree of
coordination varying by region. In many cases these militias functioned
as appendages of local EPRDF political bosses.
Security forces were effective, but impunity remained a serious
problem. The mechanisms used to investigate abuses by the federal
police were not known. Since 2010 regional police in the Somali region
came under increasing control by the regional government and several
members were subject to arrest for acts of indiscipline. 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 2010 report, the U.N. 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.
The government continued its efforts to provide human rights
training for police and army recruits. During the year the government
continued to accept assistance from the JFA-PFE and the Ethiopian Human
Rights Commission (EHRC) to improve and professionalize its human
rights training and curriculum, by including more material on the
constitution and international human rights treaties and conventions.
The JFA-PFE and the EHRC conducted human rights training for police
commissioners, prosecutors, judges, prison administrators, and militia
in Tigray; Amhara; Oromia; Afar; Southern Nations, Nationalities, and
People's Region (SNNPR); Gambella; and Addis Ababa.
Arrest Procedures and Treatment While in Detention.--Although the
constitution and law require that detainees be brought to court and
charged within 48 hours of arrest, sometimes this requirement was not
respected in practice. With court approval, however, persons suspected
of serious offenses can be detained for 14 days without being charged
and for additional 14-day periods if an investigation continues. Under
the antiterrorism law, police may request to hold persons without
charge for 28-day periods, up to a maximum of four months. The law
prohibits detention in any facility other than an official detention
center; however local militias and other formal and informal law
enforcement entities used dozens of unofficial local detention centers.
A functioning bail system was in place. Bail was not available for
murder, treason, and corruption. In most cases authorities set bail
between 500 and 10,000 birr ($29 and $580), which was too costly for
most citizens. Police officials did not always respect court orders to
release suspects on bail. The government provided public defenders for
detainees unable to afford private legal counsel, but only when their
cases went to court. While detainees were in pretrial detention,
authorities allowed them little or no contact with legal counsel.
Arbitrary Arrest.--Authorities regularly detained persons without
warrants and denied access to counsel and in some cases to family
members, particularly in outlying regions.
The government arrested more than 100 opposition political figures,
activists, journalists, and bloggers.
In contrast with previous years, there were no reports that
Ethiopian asylum seekers deported from Yemen were detained upon return
to the country.
Pretrial Detention.--Some prisoners reported being detained for
several years without being charged and without trial. Pretrial
detention continued to decline during the year. Approximately 80
percent of those incarcerated during the year in Amhara, Benishangul-
Gumuz, Oromia, SNNPR, and Tigray had been sentenced.
Trial delays were most often caused by lengthy legal procedures,
the large numbers of detainees, judicial inefficiency, and staffing
shortages.
Amnesty.--On June 1, after extensive lobbying by the Ethiopian
Orthodox Church and other religious institutions, and despite the
protests of the family members of victims of the Red Terror, the
government commuted the death sentences of 23 officials of the previous
military regime, known as the Derg (1974-91). The officials, convicted
of genocide, had their sentences reduced to life imprisonment; 16 of
those officials were released from prison on October 4 for good
behavior.
On September 10, in keeping with a long-standing tradition of
issuing pardons at the Ethiopian New Year, the government pardoned
2,620 prisoners. In addition the SNNPR government pardoned 5,671
prisoners.
On September 27, officials commuted the life sentence of Ginbot 7
member Tsige Habtemariam and released him. Tsige was more than 80 years
old at the time of his release. Tsige is the father of Andargachew
Tsige, the secretary general of Ginbot 7, who received a death sentence
in absentia in 2009.
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 political influence. The upper house of
parliament has sole responsibility for judging the constitutionality of
proposed new laws, handling judicial appointments, and reviewing
judicial conduct. Courts have the ability to convict defendants on
charges not raised by the prosecution.
Regional offices of the federal Ministry of Justice, known as
bureaus of justice, monitored developments in local courts, but the
federal judicial presence in the regions was otherwise limited. Some
regional courts had jurisdiction over both local and federal matters,
as the federal courts in those jurisdictions were not operational. Many
citizens residing in rural areas generally had little access to formal
judicial systems and relied on traditional mechanisms of resolving
conflict.
A severe lack of experienced staff in the judicial system sometimes
made 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 this training.
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 often were delayed
significantly and given low priority.
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
mechanisms 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.
Trial Procedures.--By 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. The law gives defendants the
right to present witnesses and evidence in their defense, cross-examine
prosecution witnesses, and access government-held evidence. However, in
practice the government did not always respect the right of access to
evidence it held. In some sensitive cases deemed to involve matters of
national security, notably the Ginbot 7 and OLF trials, detainees
stated that authorities initially denied them the right to see
attorneys. The court system does not use trial by juries. Unlike in
previous years, there were no reports that persons charged with
corruption were denied access to evidence against them prior to their
trials.
Judicial inefficiency 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.
During the year 31 persons were charged with terrorist activities
under the antiterrorism proclamation, including 12 journalists,
opposition political figures, and activists based in the country; two
foreign journalists; and 17 Ethiopians living abroad who were charged
in absentia. The first formal charges in such cases were filed on
September 6. Several international human rights organizations raised
concerns over the law's broad definition of terrorism, as well as its
severe penalties, its broad rules of evidence, and the discretionary
powers afforded police and security forces. In at least one case
defense attorneys were not given access to the prosecution's evidence
before the start of the trial.
Political Prisoners and Detainees.--The government arrested more
than 100 persons between March and September, including opposition
political figures, activists, journalists, and bloggers. The government
charged several of those arrested with terrorist or seditious activity,
but observers found the evidence presented at trials to be either open
to interpretation or indicative of acts of a political nature rather
than linked to terrorism.
Estimates on the number of political prisoners varied. Domestic and
international NGOs estimated that there were 200 to 300 political
prisoners and detainees at year's end. The government did not permit
access by international human rights organizations.
From March 13 to 16, in the Oromia region the government arrested
members of the Oromo Federalist Democratic Movement (OFDM) and the
Oromo People's Congress (OPC). The opposition parties stated that the
government arrested 74 of their members and claimed that the arrests
were politically motivated. The government stated that authorities
arrested 120 persons, and that those arrested were affiliated with the
OLF.
A second wave of arrests between June and September included a
number of prominent journalists, political opposition figures, and
activists, many of whom the government alleged were involved with
terrorism. For example, on September 14, authorities arrested Andualem
Arage, the vice chairman of the opposition front Medrek and a Unity for
Democracy and Justice Party (UDJ) official; the well known blogger and
journalist Eskinder Nega; and the UDJ official Natnael Mekonnen.
Representatives of the opposition said that the arrests were
politically motivated. The trial continued at year's end.
Civil Judicial Procedures and Remedies.--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 the law, and there were no records of courts excluding evidence
found without warrants. Opposition political party leaders reported
suspicions of telephone tapping and other electronic eavesdropping. In
2009 a former employee of the 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 record citizens' private telephone conversations
unlawfully. It was widely believed that this practice continued during
the year. In at least one instance, a foreign diplomat received a
communication from a service provider stating that the government had
accessed the diplomat's private e-mail account.
The government reportedly used a widespread system of paid
informants to report on the activities of particular individuals.
During the year opposition members reported that ruling party
operatives and militia members made intimidating and unwelcome visits
to their homes, although the number of reports of such visits declined
significantly compared with the previous year, when there was an
election.
Human Rights Watch and some opposition parties alleged that the
government politicized foreign donor assistance and that humanitarian
assistance was used as an incentive to secure support for the ruling
coalition. In 2010 the donor community based in the country,
collectively known as the Development Assistance Group, conducted an
assessment of the four largest donor-supported development programs.
The assessment concluded that all four programs had accountability
systems in place that provided effective checks against distortion for
political purposes in the distribution of assistance.
Security forces continued to detain family members of persons
sought for questioning by the government. There were credible reports
that unemployed youths who were not affiliated with the ruling
coalition sometimes had trouble receiving the ``support letters'' from
their kebeles (neighborhoods or wards) necessary to get jobs.
The national government and regional governments continued to put
in place ``villagization'' plans in the Gambella, Benishangul-Gumuz,
and Somali regions. These plans involved the resettlement of scattered
rural populations from arid or semiarid lands vulnerable to recurring
droughts into designated clusters by regional governments. The stated
purposes of villagization were to improve the provision of government
services (i.e., health care, education, and clean water), protect
vulnerable communities from natural disasters and attacks, and change
environmentally destructive patterns of shifting cultivation. However,
some observers stated that the purpose was to enable the large-scale
leasing of land for commercial agriculture, a claim the government
denied. The plan involved the resettlement of 45,000 households in
Gambella and Benishangul-Gumuz and 70,000 in the Somali region from
2008-11. The government described the villagization program as strictly
voluntary, and assessments by international donors found no systematic
evidence to the contrary. These assessments found that communities and
individual families appeared to have agreed to move based on assurances
from authorities of food aid, services, and land, although in some
instances communities moved before adequate basic services and shelter
were in place in the new locations. They also noted that community
members who objected to moving were allowed to stay, with consultations
continuing, and some persons later returned to their original homes
without hindrance. A Human Rights Watch report characterized the
process as ``far from voluntary.'' The report described a process in
which security forces and local militia attended meetings with those
communities that had initially indicated they did not want to move and
later went with villagers to the new locations, where they oversaw the
construction of tukuls (traditional huts) by the villagers. According
to the report, security forces beat (sometimes leading to death),
threatened, arrested without charge, and detained persons who were
critical of planned villagization of their communities, and this caused
persons to fear speaking out against the process.
g. Use of Excessive Force and Other Abuses in Internal Conflicts.--
Since1994 the ONLF has engaged in armed conflict with the government.
During the year scattered fighting continued between government forces,
primarily regional government-backed militia, and residual elements of
the ONLF. Allegations of human rights abuses committed by government
forces (including regional police), government-aligned local militias,
and ONLF forces continued. Often fighting was reported only well after
the fact with the opposing sides alleging vastly differing and
unverifiable accounts of events. In June parliament declared the ONLF
and four other entities as terrorist organizations.
Most allegations of human rights abuses involving government actors
came from ONLF sources, typically conveyed via diaspora blogs, and
could not be readily investigated. Some villagers continued to report
that local authorities threatened to retaliate against anyone who
reported abuses by security forces. The number of reports of such human
rights abuses continued to decline. The ``Admiral Osman faction'' of
the ONLF, consisting of hard-core fighters and supported by the
Eritrean government, was believed to be responsible for an attack
against aid workers on May 13 and attacks against the government.
Deliveries of food and medicine were temporarily halted in the limited
areas affected by fighting due to security concerns.
The 2010 peace agreements that the government signed with the
United Western Somali Liberation Front and the Salahdin Ma'ow faction
of the ONLF held.
Killings.--On May 13, gunmen affiliated with the ONLF attacked a
vehicle belonging to the U.N. World Food Program (WFP), killed its
driver, Farhan Hamsa, and injured one other staff member.
Abductions.--The persons responsible for the May 13 attack on the
WFP vehicle also kidnapped two other WFP employees in the vehicle. The
ONLF admitted that it had the two employees in its custody without
taking responsibility for the attack. On June 30, the ONLF released the
two WFP employees unharmed.
Child Soldiers.--There was no additional information regarding
reports in past years that some local militias in the Somali region
recruited child soldiers.
Also see the Department of State's Trafficking in Persons Report at
http://state.gov/j/tip.
Other Conflict-related Abuses.--Civilians, international NGOs, and
other aid organizations operating in the Somali region reported that
government security forces, local militias, and the ONLF committed
abuses such as arbitrary arrest to intimidate the civilian population.
In contrast with the previous year, there were no reports that special
police and or militias forcibly relocated whole villages believed to be
supportive of the ONLF.
Restrictions that limited the access of NGOs and journalists to
conflict regions continued, although these were relaxed significantly
in comparison with previous years and large portions of the region were
opened to diplomatic visitors. At year's end no areas of the region
were officially off-limits, and the government generally encouraged
travel in the region as a means of spurring potential investment. The
government continued strongly to advise caution in areas of recent
fighting. Journalists must register before entering conflict regions.
NGOs had to request permission to enter the Fik zone in the Somali
region. There were isolated reports of regional police or local
militias blocking NGO access to particular locations on particular
days, citing security concerns as the reason for this. NGO workers
generally turned back and did not press the point. Several foreign
missions and other groups continued to exercise caution in traveling to
the area.
Authorities arrested and convicted two Swedish journalists who
entered the Somali region after crossing the border from Somalia
illegally; the journalists were in the company of ONLF fighters when
they were arrested (see section 2.a.). 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 that occasionally briefly
detained them. These same humanitarian groups reportedly were
interrogated by the ENDF on their encounters with insurgents at the
roadblocks.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--Status of Freedom of Speech and
Press.--While the constitution and law provide for freedom of speech
and press, the government did not respect these rights in practice.
Freedom of Speech.--Authorities arrested and harassed persons for
criticizing the government.
Freedom of Press.--Approximately 20 private Amharic- and English-
language newspapers with political and business focuses were published,
with a combined weekly circulation in Addis Ababa of more than 150,000.
Most newspapers were printed on a weekly basis with the exception of
the state-owned Amharic and English dailies.
The government controlled the only nationally broadcast television
station which, along with radio, was the primary source of news for
much of the population. Apart from three private FM radio stations in
the capital city and community radio stations in the regions, the
government controlled all radio broadcasting.
Government-controlled media mostly reflected the views of the
government and the ruling EPRDF coalition. The government periodically
jammed foreign broadcasts. For example, Voice of America's Amharic-
language programs experienced periodic jamming throughout the year.
Deutsche Welle also reportedly experienced jamming in early April. The
broadcasting law prohibits political and religious organizations or
foreigners from owning broadcast stations.
Violence and Harassment.--The government continued to arrest,
harass, and prosecute journalists, publishers, and editors. During the
year the government arrested nine journalists, five of whom remained in
custody at year's end. Two journalists fled the country, citing fear of
arrest; one of the two reported having his accreditation revoked prior
to departure.
On February 8, the Ministry of Justice filed approximately130
charges against Temesgen Dessalegn, editor in chief and owner of the
private Amharic weekly newspaper Feteh. The charges included 35
criminal offenses and approximately 100 other allegations. Dessalegn
was charged with inciting public violence and protests in order to
boost sales. Reportedly, the charges cited articles in 13 issues of the
newspaper published between September and December 2010 as ``defaming
the EPRDF and the government, inciting the public against the
government and the constitution, and dishonoring the flag.''
In November Dawit Kebede, editor in chief of the Awramba Times,
reportedly fled the country due to harassment and intimidation by
government officials. Following his departure the Awramba Times ceased
publication. Its license was in Dawit's name and was essentially
nontransferable.
Censorship or Content Restrictions.--Government harassment of
journalists caused them to fear reporting on sensitive topics. Many
private newspapers reported informal editorial control by the
government through article placement requests and calls from government
officials concerning articles perceived as critical of the government.
Private-sector and government journalists routinely practiced self-
censorship. In contrast with previous years, there were no reports that
the government used its licensing authority to censor the media
indirectly.
Libel Laws/National Security.--The government used the
antiterrorism law to suppress criticism. Journalists feared reporting
on the five groups designated by parliament in June as terrorist
organizations (Ginbot 7, the ONLF, the OLF, al-Qaida, and Al Shabaab),
citing ambiguity on whether reporting on these groups might be
punishable under the law. From June through September, the government
arrested and charged five journalists under the antiterrorism
proclamation. Several journalists, both local and foreign
correspondents, reported an increase in self-censorship.
On June 19 and 21, authorities arrested nine persons under the
antiterrorism proclamation, including two journalists--Woubishet Taye,
deputy editor of the Awramba Times, and Feteh columnist Reyot Alemu--as
well as Zerihun Gebre-Egziabher, president of the Ethiopian National
Unity Party. Reports indicated that Woubishet and Reyot were not
allowed to receive visitors and did not have access to counsel while
awaiting formal charges, although they had counsel once their trial
began. The families of Zerihun and Woubishet stated that the two men
had been tortured. On September 6, Woubishet, Reyot, and Zerihun were
charged formally with terrorist activity. The trial continued at year's
end. Four others of those arrested were later released.
On June 30, Swedish freelancers Johan Persson and Martin Schibbye,
a photographer and a journalist, respectively, were arrested in the
Somali region. Reports indicated that they were found with a group of
ONLF rebels and that prior to their capture the rebels and government
troops were in a firefight. The journalists admitted to embedding
themselves with the ONLF and entering Ethiopia illegally but otherwise
denied actual involvement with or support for the organization. On
December 21, they were found guilty of rendering support to a terrorist
organization and illegally entering the country. They each received
sentences of 11 years in prison.
The government did not use libel laws during the year to suppress
criticism.
Publishing Restrictions.--The government owned the only high-
quality newspaper printing press and regularly increased 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. One private
publisher claimed to have purchased and imported a news printing press
but cited government-imposed obstacles that prevented delivery and
installation.
Internet Freedom.--The government restricted access to the Internet
and blocked several Web sites, including news sites, blogs, opposition
Web sites, and Web sites of domestic groups designated as terrorist
organizations by parliament (Ginbot 7, the OLF, and the ONLF). 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, were not
accessible. In general blog sites were not accessible. The news Web
site for VOA News was only available periodically, although users could
generally access their proxy Web sites.
On September 14, authorities arrested the journalist and blogger
Eskinder Nega (see section 1.e., Political Prisoners and Detainees).
Academic Freedom and Cultural Events.--The government restricted
academic freedom, including the curriculum, teachers' appointments, and
student enrollment decisions. Speech, expression, and assembly
frequently were restricted on university and high school campuses.
Students in schools and universities were indoctrinated in the core
precepts of the ruling EPDRF party's concept of ``revolutionary
democracy.'' According to credible sources, the ruling party ``stacks''
student enrollment at Addis Ababa University, which is the nation's
largest and most influential university, with students loyal to the
party to ensure further adherence to the party's principles and to
forestall any student protest.
The government also restricted academic freedom in other ways.
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. Numerous
anecdotal reports suggested that non-EPRDF members were more likely to
be transferred to undesirable posts and 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.
Some college students reportedly were pressured to pledge
allegiance to the EPRDF in order to secure enrollment in universities
or government jobs after graduation. According to multiple credible
sources, teachers and high school students in grade 10 and above were
required to attend training on the concepts of revolutionary democracy
and EPRDF party ideology. Many students reportedly believed that they
needed EPRDF membership to gain admission to a university and
consequently became members.
During the year the Ministry of Education relaxed some restrictions
in its 2010 directive prohibiting private universities from offering
degree programs in law and teacher education. The directive also
requires private universities to align their curriculum offerings with
the previously announced ministry's policy of a 70-to-30 ratio between
science and social science academic programs. Private university
curricula had focused heavily on the social sciences. Ministry
officials originally cited a need to maintain quality standards as the
reason for the directive.
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. On one occasion during
the year, authorities injured and arrested protestors who were
reportedly demonstrating without a permit.
Organizers of large public meetings or demonstrations must notify
the government 48 hours in advance and obtain a permit. Local
government officials, almost all of whom were affiliated with the
EPRDF, controlled access to municipal halls, and there were many
complaints from opposition parties that local officials denied or
otherwise obstructed the scheduling of opposition parties' use of halls
for lawful political rallies.
Regional governments, including the Addis Ababa regional
administration, were reluctant to grant permits or provide security for
large meetings.
In September the All Ethiopia Unity Party and Ethiopia Unity
Democratic Organization stated that they were not granted permission by
the Addis Ababa city administration to hold a peaceful demonstration.
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 CSO law, anonymous donations to NGOs are not
permitted. All donors are therefore aware that their names will be
public knowledge. The same is true of all donations made to political
parties.
The Ministry of Foreign Affairs screens registration applications
from international NGOs and submits a recommendation on whether to
approve or deny registration.
c. Freedom of Religion.--See the Department of State's
International Religious Freedom Report at http://state.gov/j/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 cooperated with the Office of the U.N. High
Commissioner for Refugees (UNHCR) and other humanitarian organizations
in assisting refugees and returning citizens.
In-country Movement.--The government relaxed but did not completely
remove restrictions on the movement of persons into and within the
Ogaden area of the Somali region, continuing to argue that the ONLF
posed a security threat (see section 1.g.).
Exile.--The law prohibits forced exile, and the government did not
employ it. Several citizens sought political asylum in other countries
or remained abroad in self-imposed exile, including prominent human
rights advocates. For example, during the year Awramba Times editor
Dawit Kebede fled the country after receiving information that he was
going to be imprisoned (see section 2.a., Violence and Harassment).
Internally Displaced Persons (IDPs).--The total number of IDPs in
the country during the year was not known. Many persons who had been
displaced due to conflict in Gambella, Oromia, SNNPR, and the Somali
region remained displaced. Drought also caused displacements during the
year.
The government did not recognize IDPs as a distinct group, and
there was no specialized office charged with managing matters such as
IDP protection, return, resettlement, or durable solutions. The
government did not maintain data on IDPs. The Federal Disaster Risk
Management and Food Security Sector, under the authority of the
Ministry of Agriculture and Rural Development, is the main government
agency responsible for emergencies, in collaboration with the Ministry
of Health and the Ministry of Water and Energy.
Government restrictions on the access of human rights
organizations, the media, humanitarian agencies, and diplomatic
missions to conflict-affected areas significantly decreased in
comparison with previous years. There were isolated reports of regional
police or local militias blocking NGO access to particular locations on
particular days, citing security concerns as the reason for this. NGO
workers generally turned back. Access to conflict-affected IDPs often
was difficult and limited; hence assistance provided to them was often
inadequate.
During the year drought caused displacements in the Somali region,
a situation exacerbated in some cases by the continuing conflict (see
section 1.g.). The government limited humanitarian access to the Fik
zone of the Somali region.
In Oromia religious violence caused temporary displacement. In
March between three thousand and four thousand evangelical Protestants
were displaced temporarily when Muslims attacked and burned more than
60 homes and churches in Asendabo, a small town near Jimma, the
principal city of western Oromia. The federal police quelled the
violence. Virtually all of those who left had returned to their homes
by year's end.
Protection of Refugees.--Access to Asylum.--The law provides for
the granting of asylum or refugee status and the government has
established a system for providing protection to refugees.
According to the UNHCR, the country hosted 290,304 refugees at
year's end. The majority of refugees were from Somalia (185,473), with
others coming from Sudan and South Sudan (46,129) and Eritrea (55,085).
New arrivals from Somalia increased significantly during the year, most
being women and children who were not in good health. Most Somali
refugees went to camps in the Dollo Ado area. Deaths of Somali refugee
children increased significantly compared with previous years, mainly
due to severe malnutrition. Mortality rates peaked in July and August.
In August the UNHCR reported that an average of 10 children under age
five died every day in Kobe camp (located in the Dollo Ado area) since
it opened in June.
The UNHCR, the government, and humanitarian agencies activated
contingency plans to care for Sudanese arrivals who fled from conflict
in Sudan's Blue Nile State.
Eritrean asylum seekers continued to arrive at the rate of
approximately 1,000 new arrivals per month, according to the UNHCR.
Hundreds of Eritrean refugees reportedly departed monthly on secondary
migration through Egypt and Sudan to go to Israel, Europe, and other
final destinations. The UNHCR assisted in the reception and
transportation back to My Ayni or Adi Harush camps of more than 723
Eritrean refugees who had been detained in Egypt and deported by the
Egyptian authorities. The UNHCR reported that the population of
unaccompanied minors who fled Eritrea was 1,197 at year's end.
Unaccompanied minors in the 15- to17-year-old age group represented
more than 75 percent of the total population of such minors, who stated
they fled Eritrea to avoid military conscription.
Refugee Abuse.--The out-of-camp policy for Eritrean refugees, which
permits Eritrean refugees to live outside the camps, remained in place.
Prior to this policy, such permission was given primarily to attend
higher education institutions, undergo medical treatment, or avoid
security threats at the camps. Officially, the out-of-camp policy is
not extended to refugees from places other than Eritrea. However, in
practice such persons were not prevented from moving in and out of
camps.
Employment.--The government does not grant refugees work permits.
Access to Basic Services.--Refugees in camps were provided with
schooling and health services. For those outside of camps, there were
no reports of discrimination in access to public services.
Durable Solutions.--During the year, the International Organization
for Migration processed 4,746 refugees who departed for resettlement
and family reunification abroad.
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.
Elections and Political Participation.--Recent Elections.--In the
May 2010 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. The
EPRDF and its affiliates received approximately 79 percent of total
votes cast but won more than 99 percent of all seats at all levels.
Independent observation of the vote was severely limited due to
government restrictions. Although the relatively few international
officials 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. There was ample evidence that
unfair government tactics--including intimidation of opposition
candidates and supporters--influenced the extent of the EPRDF victory.
In addition voter education was limited in scope to information about
technical voting procedures and done only by the National Electoral
Board, and then only days before voting began.
The African Union, whose observers arrived one week before the
vote, pronounced the elections as free and fair. The European Union,
some of whose observers arrived a few months before the vote, 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.''
Political Parties.--Political parties were predominantly ethnically
based. 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. The opposition
reported that in many instances local authorities told its members to
renounce their party membership and join the EPRDF 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. At the university level, however, members of Medrek
and its constituent parties were able to teach.
Registered political parties must receive permission from regional
governments to open and occupy local offices.
In early 2010 a system of public campaign finance was announced.
Under this system parties are to receive public funds based in part on
the number of parliamentary seats they hold.
Participation of Women and Minorities.--No laws or cultural or
traditional practices prevented women or minorities from voting or
participating in political life on the same basis as men or nonminority
citizens.
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-Gumuz, 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 2010 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.
Section 4. Official Corruption and Government Transparency
The law provides criminal penalties for official corruption;
despite the government's prosecution of numerous officials for
corruption, some officials continued to engage in corrupt practices.
Corruption, especially the solicitation of bribes, remained a problem
among low-level bureaucrats. Police and judicial corruption also
continued to be problems. Some government officials appeared to
manipulate the privatization process, and state- and party-owned
businesses received preferential access to land leases and credit.
The Ministry of Justice has primary responsibility for combating
corruption, largely through the Federal Ethics and Anti-Corruption
Commission.
A large number of arrests for corruption were made during the year,
including of significant regional politicians and government officials.
For example, in May authorities arrested the deputy head of the Bureau
of Land Administration and Environmental Protection for the Oromia
region, Mohammed Ebrahim Mussa, on corruption charges. The Oromia
Ethics and Anti-Corruption Commission arrested more than 60 government
officials in the first half of the year.
On August 16, eight team leaders and staff members of the
Department of Trade, Industry, and Transport in two Oromia cities,
Adama and Bishoftu, received fines and prison terms of up to five and a
half years. They were convicted of misusing their offices for illicit
gain in the importation of duty-free vehicles; the financial loss to
the government was reportedly 1,755,585 birr ($101,950). In addition 26
other individuals convicted of benefiting from the scheme received
similar sentences.
The law requires that all government officials and employees
officially register their wealth and personal property. The president,
prime minister, and all cabinet-level ministers registered their assets
by the end of 2010, and by the next September a total of 9,102 elected
officials, political appointees, and public servants had registered
their assets, according to the Federal Ethics and Anti-Corruption
Commission.
There was progress in the 2008 case of former ETC managing director
Tesfaye Birru and 12 other senior management staff accused of approving
an equipment and technology contract that violated government bid
regulations and cost 1.52 billion birr ($88.3 million). On August 24,
the federal high court convicted five of the 13 defendants and
sentenced them to five to nine years in prison and fines of 7,000 to
40,000 birr ($406 to $2,323).
The law provides for public access to government information, but
access was largely restricted in practice. The law included freedom of
information provisions.
The government publishes its laws and regulations in the national
gazette prior to their taking effect. The Government Communications
Affairs Office managed contacts between the government, the press, and
the public; however, the private press reported that the government
rarely responded to its queries.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A few domestic human rights groups operated, but with significant
government restriction. The government was generally distrustful and
wary of domestic human rights groups and international observers.
State-controlled media were critical of international human rights
groups such as Human Rights Watch. The government strongly criticized
Human Rights Watch on several occasions during the year for what it
described as biased and inaccurate reporting.
The CSO 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 advance human and
democratic rights or promote equality of nations, nationalities,
peoples, genders, and religions; the rights of children and persons
with disabilities; conflict resolution or reconciliation; or the
efficiency of justice and law enforcement services. There were 3,522
organizations registered before the CSO law was adopted, although not
all were active, and as of June 2,059 CSOs--old and new--were
registered under the law. Of these, 262 were foreign charities, 1,330
were ``resident'' charities, 371 were ``local'' charities, 62 were
adoption agencies, and 34 were consortia. The government maintained
that the majority of organizations that did not reregister were not
functional organizations prior to the passage of the law. In December
the government participated in the first session of a civil-society
sector working group with donor countries and resident CSOs. Some 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 but could act in the enumerated areas,
or as resident charities, which allowed foreign donations above 10
percent but prohibited activities in the enumerated areas.
Two prominent human rights defender organizations--the Human Rights
Council (HRCO) and the Ethiopian Women Lawyers' Association (EWLA)--
registered as local charities to preserve their mission and adjust to
the law. However, due to the restrictions of the CSO law, both the HRCO
and the EWLA cut most of their staff in 2010, drastically reducing the
services they provided. In 2010 the Charities and Societies Association
(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. The funds remained frozen during the year. On October 25, the
Federal High Court 11th Civil Bench upheld the CSA's decision to block
the funds. Both the EWLA and the HRCO signed agreements with the
government-run EHRC that allowed them to gain access to some limited
funding through the EHRC. The EWLA's agreement with the EHRC allowed it
to establish legal aid centers in tandem with the government-run
agency, which effectively began to expand the organization again during
the year.
The government denied NGOs access to federal prisons, police
stations, and political prisoners.
Restrictions that limited access of NGOs and journalists to
conflict regions continued, although these were relaxed significantly
compared with previous years. Journalists must register before entering
conflict regions. NGOs had to request permission to enter the Fik zone
in the Somali region. There were isolated reports of regional police or
local militias blocking NGOs' access to particular locations on
particular days, citing security concerns as the reason for this (see
section 1.g.).
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.
On August 27, authorities jailed Bekele Gerba, an Addis Ababa
University professor and deputy chairman of the opposition OFDM, as
well as OPC member Olbana Lelisa. Representatives of Amnesty
International had met with Bekele and Olbana several days prior to
their arrest. Bekele and Olbana were accused of involvement with the
OLF. At the same time, 20 Addis Ababa University students were arrested
under similar allegations, and several remained incarcerated at year's
end. The government also expelled the Amnesty International staff from
the country. Court proceedings against Bekele and Olbana were beginning
at year's end.
U.N. and Other International Bodies.--The government generally
cooperated with international organizations such as the U.N.
Government Human Rights Bodies.--The government-established EHRC,
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 commissioner reported that 11 investigative reports were
issued. He also stated that the commission established 106 legal aid
centers, 16 of which were affiliated with universities and 31 with the
EWLA, pursuant to an agreement that enables the EWLA branches to access
EHRC funds. The EHRC itself also reviewed more than 1,400 complaints
submitted to it during the year, the vast majority of which were not
directed against the government or government bodies. The EHRC,
however, is not a body independent of government influence, as it is
controlled by parliament.
The Office of the Ombudsman has the authority to receive and
investigate complaints with respect to administrative mismanagement by
executive branch offices. The agency 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.
In September the government launched a steering committee for its
National Action Plan on Human Rights; however, no action took place by
year's end.
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.--Rape and Domestic Violence.--The law criminalizes rape and
provides for 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. Recent statistics on the number of
abusers prosecuted, convicted, or punished were not available.
Domestic violence, including spousal abuse, was a pervasive social
problem. The government's 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
SNNPR rural districts, Meskan and Mareko, 71 percent of women were
subject to physical or sexual violence, or both, by an intimate partner
during their lifetime. Although women had recourse to the police and
the courts, societal norms and limited infrastructure prevented many
women from seeking legal redress, particularly in rural areas. The
government prosecuted offenders on a limited scale. Domestic violence
is illegal, but government enforcement of laws against rape and
domestic violence was inconsistent. Depending on the severity of damage
inflicted, legal penalties range from small fines to imprisonment for
up to 10 to 15 years.
Domestic violence and rape cases often were delayed significantly
and given low priority (see section 1.e.). On December 17, Fisseha
Tadesse was convicted of attempted murder after gouging out his ex-
wife's eyes. On December 30, he was sentenced to 14 years'
imprisonment. In the context of gender-based violence, significant
gender gaps in the justice system remained, due to poor documentation
and inadequate investigation.
During the year the Ministry of Health began the expansion of the
rape crisis center at Gandhi Hospital into a training center for health
workers, law enforcement personnel, and others. Police officers were
required to receive domestic violence training from domestic NGOs and
the Ministry of Women's Affairs. There was a deputy commissioner of
women's and children's rights in the EHRC.
Women and girls experienced gender-based violence, but it was
underreported due to cultural acceptance, shame, fear, or a victim's
ignorance of legal protections.
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. During the year the
commission focused its efforts on workshops and seminars, and not on
investigations.
Female Genital Mutilation (FGM).--One of the most prevalent harmful
traditional practices, FGM, is illegal, but the government did not
enforce this prohibition or punish those who practiced it. The practice
was still widespread but declining. The 2000 DHS found that 80 percent
of all women surveyed had undergone FGM, while the total dropped to 74
percent of all women surveyed in 2005. In addition 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 (see Children, Harmful Traditional Practices).
Other Harmful Traditional Practices.--The most prevalent harmful
traditional practices, besides FGM, were uvulectomy (cutting or removal
the uvula, the piece of flesh that hangs down at the rear of the
mouth), tonsillectomy (cutting or removal of the tonsils), and marriage
by abduction.
Marriage by abduction is illegal, although it continued in some
regions, including 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. Ethiopia Goji Limadawi Dirgitoch Aswogaj
Mahibar (EGLDAM), an NGO that combats harmful traditional practices,
reported in June 2010 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.
Sexual Harassment.--Sexual harassment was widespread. The penal
code prescribes penalties of 18 to 24 months' imprisonment; however,
harassment-related laws generally were not enforced.
Reproductive Rights.--Neither law nor practice curtailed the right
of individuals to decide freely and responsibly the number, spacing,
and timing of children, and to have the information and means to do so
free from discrimination, coercion, and violence. The 2011 DHS
Preliminary Report indicated a contraceptive prevalence of 29 percent
nationwide among married women, a twofold increase from five years ago.
A 2009 modeling study by the World Health Organization indicated that
the maternal mortality rate was 590 per 100,000 live births. The
principal causes of maternal mortality were excessive bleeding,
infection, hypertensive complications, and obstructed labor, and the
underlying cause for these was the prevalence of home births. Only 9
percent of women reported delivering in a health facility or with a
skilled birth attendant.
Discrimination.--Discrimination against women was most acute in
rural areas, where an estimated 82 percent of the population lived. 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, 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. Land law varies among regions. All 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.
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 or manage a business was further limited by their low level of
education and training and by traditional attitudes.
The Ministry of Education reported that female participation in
undergraduate and postgraduate programs increased to 123,706 during the
2010-11 academic year, compared with 90,938 in 2008-09, continuing the
trend of rising female participation in tertiary education.
Children.--Birth registration.--Citizenship is derived from one's
parents. The law requires that all children be registered at birth. In
practice children born in hospitals were registered while most children
born outside of hospitals were not. The overwhelming majority of
children, particularly in rural areas, were born at home.
Education.--As a policy, primary education was universal and
tuition-free; 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. The number of
students enrolled in schools expanded faster than trained teachers
could be deployed.
Child Abuse.--Child abuse was widespread. 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.
Harmful Traditional Practices.--Societal abuse of young girls
continued to be a problem. Harmful practices 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 abused sexually and 84 percent had
been abused physically.
The majority of girls in the country had undergone some form of
FGM. FGM was much less common in urban areas, where only 15 percent of
the population lived. 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 previous 10 years, due in part to a
strong anti-FGM campaign. The campaign continued to have an effect in
SNNPR and Afar during the year. The penal code criminalizes
practitioners of clitoridectomy, with imprisonment of at least three
months or a fine of at least 500 birr ($29). 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,
the Health Extension Program, and broader mass media campaigns (see
Women, Female Genital Mutilation (FGM).
Child Marriage.--The law sets the legal marriage age for girls and
boys at 18; however, this law was not enforced uniformly. In several
regions it was customary for older men to marry young girls, although
this traditional practice continued to face greater scrutiny and
criticism. Child marriage was a problem, particularly in Amhara and
Tigray, where girls were married routinely 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.
Sexual Exploitation of Children.--The minimum age for consensual
sex is 18 years, but this law was not strictly enforced. The law
provides for three to 15 years in prison for sexual intercourse with a
minor. The law provides for one year in prison and a fine of 10,000
birr ($580) for trafficking in indecent material displaying sexual
intercourse by minors. The law prohibits profiting from the
prostitution of minors and inducing minors to engage in prostitution;
however, commercial sexual exploitation of children continued,
particularly in urban areas. Girls as young as age 11 reportedly were
recruited to work in brothels and often sought by customers who
believed them to be free of sexually transmitted diseases. Young girls
were trafficked from rural to urban areas. They also were 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.
Infanticide.--Ritual and superstition-based infanticide continued
in remote tribal areas, particularly the South Omo Valley. Local
government worked to educate communities against the practice.
Displaced Children.--According to a 2010 report by the Ministry of
Labor and Social Affairs, approximately 150,000 children lived on the
streets, and 60,000 of these children lived in the capital. The
ministry's report stated that families' inability to support children
due to parental illness and insufficient household income exacerbated
the problem. 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.
Institutionalized Children.--There were an estimated 5.4 million
orphans in the country, according to a 2010 report by the Central
Statistics Authority. The vast majority lived with extended family
members. 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 and also misled birth parents
about the conditions of adoption. The government had begun to
investigate the allegations.
International Child Abductions.--The country is not a party to the
1980 Hague Convention on the Civil Aspects of International Child
Abduction.
Anti-Semitism.--The Jewish community numbered approximately 2,000;
there were no reports of anti-Semitic acts.
Trafficking in Persons.--See the Department of State's Trafficking
in Persons Report at http://state.gov/j/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. It is illegal for deaf
persons to drive.
The Right to Employment of Persons with Disabilities Proclamation
prohibits employment discrimination on the basis of disability. It also
makes employers 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, by assigning interpreters for hearing-impaired civil
service employees.
The Ethiopian Building Proclamation mandates building accessibility
and accessible toilet facilities for persons with physical
disabilities, although specific regulations that define the
accessibility standards have not been adopted. Buildings and toilet
facilities were usually not accessible. 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 with
disabilities in education and employment. An Addis Ababa University
study from 2008 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 girls without disabilities.
There were approximately seven million persons with disabilities,
according to the Ethiopian Federation of Persons with Disabilities.
There were 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 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 continued to be affected negatively by the
legislation.
National/Racial/Ethnic Minorities.--The country has more than 80
ethnic groups, of which the Oromo, at 35 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.
Clashes between ethnic groups during the year resulted in deaths.
Water shortages contributed to interethnic conflict.
On January 2, a territorial dispute in SNNPR between members of the
Guji Oromo and the Sidama ethnic groups left five persons dead and 11
injured.
On April 4, a dispute in SNNPR over land ownership between members
of the Geweda and Kolme ethnic groups resulted in the death of three
persons and the injury of seven others. The federal police and local
administration intervened quickly to bring calm to the area.
Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--Consensual same-sex sexual
activity is illegal and punishable by imprisonment under the law. There
were some reports of violence against lesbian, gay, bisexual, and
transgender (LGBT) individuals; however, reporting was limited due to
fears of retribution, discrimination, or stigmatization. Persons did
not identify themselves as LGBT persons due to severe societal stigma
and the illegality of consensual same-sex sexual activity.
In early December Christian and Muslim religious leaders attempted
to derail a seminar on sexual health that was targeted at men who have
sex with men. The government intervened, and the seminar went ahead,
although at a different location.
The AIDS Resource Center in Addis Ababa reported that the majority
of self-identified gay and lesbian callers, the majority of whom were
male, requested assistance in changing their behavior to avoid
discrimination. Many gay men reported anxiety, confusion, identity
crises, depression, self-ostracism, religious conflict, and suicide
attempts.
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. Freedom of Association and the Right to Collective Bargaining.--
The law provides most workers with the right to form and join unions.
However, the law specifically excludes managerial employees, teachers,
and civil servants (including judges, prosecutors, and security service
workers) from organizing unions.
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. The law stipulates that a trade union organization may
not act in an overtly political manner. Seasonal and part-time
agricultural workers cannot organize into labor unions. The law
prohibits antiunion discrimination by employers and provides for
reinstatement for workers fired for union activity.
The law protects the right of collective bargaining for most
workers.
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 a 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 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.
The government permits unions in practice. Approximately two-thirds
of union members belonged to organizations affiliated with the
Confederation of Ethiopian Trade Unions. There was no reported
government interference in trade union activities during the year,
although the major trade unions were government-established entities.
There were no reports that the government used its authority to refuse
to register trade unions during the year. Approximately 400,000 workers
were union members. 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 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; however, the worker's
association was not functional.
The government allowed citizens to exercise the right of collective
bargaining freely. Labor experts estimated that collective bargaining
agreements covered more than 90 percent of unionized workers.
Representatives negotiated wages at the plant level. It was common for
employers to refuse to bargain. Unions in the formal industrial sector
made some efforts to enforce labor regulations.
Despite the law prohibiting antiunion discrimination, 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. While the law prohibits
retribution against strikers, most workers were not convinced that the
government would enforce this protection. Labor officials reported
that, due to high unemployment and long delays in the hearing of labor
cases, some workers were afraid to participate in strikes or other
labor actions.
b. Prohibition of Forced or Compulsory Labor.--The law prohibits
most forms of forced or compulsory labor, including by children;
however, the law also permits courts to order forced labor as a
punitive measure. The government did not effectively enforce the forced
labor prohibition.
Forced labor occurred in practice. Both adults and children were
forced to engage in street vending, begging, traditional weaving, or
agriculture work. Children also worked in forced domestic labor.
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 Trafficking in Persons Report at
http://state.gov/j/tip.
c. Prohibition of Child Labor and Minimum Age for Employment.--By
law the minimum age for wage or salary employment is 14 years. The
minimum age provisions, however, do not apply to self-employed
children. 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 or 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
passenger transport, electric generation plants, underground work,
street cleaning, and many other sectors.
The government did not effectively enforce these laws in practice.
The resources for inspections and the implementation of penalties were
extremely limited. Child labor issues are covered by the Ministry of
Labor and Social Affairs, with support from the Ministry of Women,
Youth, and Children. Cooperation, information sharing, and coordination
between and among the ministries improved during the year. 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.
Child protection units, which the NGO Forum for Street Children
(FSCE) had sponsored, ceased child protection activities at the end of
2010 due to restrictions in the CSO law and did not resume them during
the year. The FSCE changed its name to Forum on Sustainable Child
Empowerment and piloted a child-labor-free zone at the subcity level in
Addis Ababa. In this zone the FSCE worked with child protection
officers, labor inspectors, and police to reintegrate child laborers.
During the year the government continued to invest in modernizing
agricultural practices as well as in constructing schools to combat the
problem of children in agricultural sectors.
Child labor remained a serious problem, both in urban and rural
areas. According to the Ministry of Labor and Social Affairs, many
children worked for their families without pay. In both rural and urban
areas, children often began working at young ages. The Ministry of
Labor and Social Affairs reported that two of five working children
were below the age of six. Child labor was particularly pervasive in
subsistence agricultural production, traditional weaving, and small-
scale gold mining. 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. Children in urban areas, including orphans,
also worked in domestic service, often working long hours, which
prevented many from attending school regularly. Children in urban areas
also worked in construction, manufacturing, shining shoes, making
clothes, portering, directing customers to taxis, parking, public
transport, petty trading, and occasionally herding animals. Child
laborers often faced physical, sexual, and emotional abuse at the hands
of their employers.
Also see the Department of Labor's Findings on the Worst Forms of
Child Labor at http://dol.gov/ilab/programs/ocft/tda.htm.
d. 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 420 birr
($24); employees in the banking and insurance sector had a minimum
monthly wage of 336 birr ($20).
Wages in the informal sector were generally below subsistence
levels. 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 was concentrated in urban areas.
The 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. The country has 13 paid public holidays
per year. The law entitles employees in public enterprise and
government financial institutions to overtime pay; civil servants
receive compensatory time for overtime work.
The government, industries, and unions negotiated occupational
health and safety standards. Workers have the right to remove
themselves from dangerous situations without jeopardizing their
employment. However, due to lack of resources, the Ministry of Labor
and Social Affairs inspection department did not effectively enforce
occupational health and safety standards. Lack of detailed, sector-
specific health and safety guidelines also precluded enforcement. The
country had 130 labor inspectors. Penalties were not sufficient to
deter violations. Compensation, benefits, and working conditions of
seasonal agricultural workers were far below those of unionized
permanent agricultural employees. 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.
Despite the law providing for the right to remove themselves from
dangerous situations without jeopardizing their employment, most
workers feared losing their jobs if they were to do so. The Ministry of
Labor and Social Affairs did not have an effective mechanism for
receiving, investigating, and tracking allegations of violations.
Hazardous working conditions existed in the agricultural sector,
which was the most primary base of the country's economy. There also
were reports of hazardous and exploitative working conditions in the
fledgling construction and industrial sectors. The Ministry of Labor
and Social Affairs attempted to enforce occupational health and safety
laws, but its investigative and administration capacity was severely
limited.
__________
GABON
executive summary
Gabon is a republic dominated by a strong presidency and the
Democratic Party of Gabon (PDG), which has held power since 1968. In
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 most important human rights problems in the country were ritual
killings, harsh prison conditions, and lengthy pretrial detention.
Other major human rights problems included: police use of excessive
force; an inefficient judiciary subject to government influence;
restrictions on privacy and the 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; trafficking in
persons, particularly children; and forced child labor.
The government sometimes took steps to prosecute and punish
officials who committed abuses, but impunity was a problem.
Section 1. Respect for the Integrity of the Person, Including Freedom
from:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the government or its agents committed arbitrary or
unlawful killings.
In January a police officer was sentenced to 20 years in prison for
the November 2010 killings of his girlfriend and another man.
Ritual killings, in which limbs and/or genitals were amputated,
occurred. Most victims were children. Although authorities condemned
the killings, there were no known investigations or prosecutions of
such cases. The local nongovernmental organization (NGO) Association to
Fight Ritual Crimes (ALCR) reported that 62 victims of ritual killings
were identified during the year. The actual number of victims was
probably higher, according to the ALCR, which noted that many ritual
crimes were not reported or were incorrectly identified. The government
has an anonymous call line for reporting possible ritual crimes.
b. Disappearance.--There were no reports of politically motivated
disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--Although the constitution and law prohibit such practices,
security forces sometimes employed them. There were reports in recent
years that security forces beat prisoners and detainees to extract
confessions.
Unconfirmed reports from the African immigrant community asserted
that police and soldiers occasionally beat noncitizen Africans during
operations to round up and deport irregular 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 old and
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, but there
were no air conditioners in prisons or jails, and temperatures often
exceeded 95 degrees Fahrenheit. Onsite 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.
At least eight prisoners died during the year due to poor hygiene
or malnourishment.
For example, two days after their June arrival in Bitam detention
center, three irregular immigrants died due to dehydration. The cause
of the dehydration was unclear. After an investigation was conducted,
the government announced that their deaths resulted from cholera. There
were other reports suggesting that the deaths resulted from
insufficient food and water. Three high-level gendarmerie officials
were suspended in connection with the incident.
Prison authorities did not keep records, and it was unknown how
many prisoners were in the country's nine prisons, which held an
estimated 2,750 inmates and detainees in 2006. Libreville's central
prison held an estimated 1,500 prisoners, although the prison was built
to hold 300. Pretrial detainees were held with convicted prisoners, and
juveniles were held with adults. There were reports that adult
prisoners sexually abused juvenile prisoners.
Conditions in jails and detention centers were harsh and mirrored
those in prisons. Overcrowding was pervasive.
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.
Prisoners and detainees could submit written complaints to judicial
authorities without censorship and request investigation of credible
allegations of inhumane conditions. However, no such complaints were
submitted during the year.
During the year the Ministry of Justice took control of prisons
from the Ministry of Interior. In November 2010 the minister of justice
visited Libreville's central prison and characterized conditions there
as harsh.
The government encouraged 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. They reported noticeable efforts by the government to
improve prison conditions despite budget constraints. For example,
medical supplies and more nutritious food rations were increased in
Libreville's central prison, and floor mats were supplied after the
first lady noted that inmates often slept on the ground. The government
also prohibited the common practice by prison guards of cutting the
hair of female inmates, a cultural taboo.
d. Arbitrary Arrest or Detention.--The constitution and law
prohibit arbitrary arrest and detention, but the government did not
always observe these prohibitions.
Security forces arbitrarily arrested a journalist, irregular
immigrants, and opposition members during the year (see sections 2.a.,
2.d, and 3).
Role of the Police and Security Apparatus.--The national police,
under the Ministry of Interior, and the gendarmerie, under the Ministry
of Defense, were responsible for law enforcement and public security.
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 and conducted several investigations during
the year (see section 4).
Police were inefficient and corrupt. Security force members sought
bribes to supplement their salaries, often while stopping vehicles at
legal roadblocks to check vehicle registration and identity papers.
During the year the minister of interior implemented an internal
sanction system meant to combat such extortion. Police officers were
required also to wear a badge with an ID number to aid citizens seeking
to report extortion attempts. In a public statement during the year,
the president reminded citizens that any fees associated with being
stopped by the police were to be paid directly to the Treasury
Department. The government also hired approximately 3,000 security
force members, including gendarmes and police.
The Ministry of Interior collaborated with the local NGO Croissance
Saine Environnement to conduct human rights training for police and
prison guards.
Arrest Procedures and Treatment While in Detention.--Although the
law requires arrest warrants based on sufficient evidence and issued by
a duly authorized official, security forces frequently disregarded
these provisions. The law allows authorities up to 48 hours to detain
initially a suspect without charge, but police often failed to respect
this time limit. Detainees were usually informed promptly of charges
against them, although 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.
Pretrial Detention.--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.
Nevertheless, prolonged pretrial detention was common as a result of
overburdened dockets and an inefficient judicial system. Approximately
one-third of inmates were held in pretrial detention, which sometimes
lasted up to three years.
Amnesty.--During the year the president granted amnesty to 53
nonviolent prisoners.
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
was accountable. Corruption was a problem.
During the year the president signed into law a new penal code to
increase judicial efficiency, enhance the rights of defendants, and
incorporate modern crimes--such as trafficking in persons and drugs--
into the law. The president also appointed the country's first judge
who specializes in juvenile cases.
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 traditional chief,
particularly in rural areas, but the government did not always
recognize such decisions.
Trial Procedures.--The constitution provides for the right to a
public trial and to legal counsel, and the government generally
respected these rights. Nevertheless, a judge may deliver an immediate
verdict of guilty at the initial hearing in a state security trial if
the government presents sufficient evidence. Defendants are presumed
innocent and have the right to be present. Indigent defendants in both
civil and criminal cases have the right to an attorney provided at
state expense; however, this right was seldom respected in practice.
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.--There were no reports of
political prisoners or detainees.
Civil Judicial Procedures and Remedies.--There is an independent
system to seek civil remedies, but it was susceptible to government
influence and corruption. Persons seeking damages for, or cessation of,
human rights violations could seek relief in the civil court system.
Corruption was also a problem in the enforcement of domestic court
orders.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--Although the constitution and law prohibit such
actions, the government did not always 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 irregular immigrants
and criminals. Authorities also reportedly monitored private telephone
conversations, personal mail, and the movement of citizens.
Beginning in August, the government began a bulldozing campaign to
remove illegal structures, including homes, built on or infringing on
public property. The campaign resulted in homelessness for numerous
citizens. Since most of the targeted homes were unlawfully constructed,
their owners were not compensated for the loss. In most cases the
individuals evicted were not the property owners and had nowhere else
to go. The government defended the action by saying that illegal
structures close to utilities and the street impeded traffic and
violated zoning laws. Noting the country's housing shortage (160,000
homes are reportedly needed in Libreville alone), President Bongo
Ondimba claimed the bulldozing campaign was part of a necessary urban
planning effort. Critics charged that the government provided little or
no advance notice of the bulldozing campaign (a claim disputed by the
government) and that alternate lodging was not offered to evicted
residents. Observers also noted that new housing projects to address
the housing shortage had been paralyzed due to pervasive corruption at
the Ministry of Habitat and Urban Planning (see section 4).
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--Status of Freedom of Speech and
Press.--The constitution and law provide for freedom of speech and
press, and the government generally respected these rights, although
the government suspended a private newspaper and television station
during the year.
Freedom of Speech.--Individuals could criticize the government,
including the president, publicly or privately, without reprisal.
Freedom of Press.--The only major daily newspapers were the
government-affiliated l'Union and Gabon Matin. Approximately 23
privately owned weekly or monthly newspapers represented independent
views and those of various political parties, but some 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.
The government owned and operated two radio stations that broadcast
throughout the country. Seven privately owned radio stations were
operating at year's end. International radio stations also broadcast
locally.
The government owned and operated two television stations. Six
privately owned television stations also operated.
Violence and Harassment.--On June 2, the publication director of
the pro-opposition newspaper Echos du Nord was escorted to a police
station and questioned about an article that included a picture of a
purported birth certificate of President Ali Bongo Ondimba as evidence
the president was born outside of Gabon. The editor was released after
two hours, but on June 10, Echos du Nord was suspended. The National
Council for Communication (CNC) claimed the newspaper had violated the
communication code by publishing information that could cause public
panic or unrest. The newspaper, which reopened 30 days later, continued
to publish at year's end.
On January 26, the CNC suspended private television channel TV+,
owned by opposition leader Andre Mba Obame. The CNC charged TV+ with
violating the communication code for broadcasting a ceremony in which
Mba Obame declared himself president and swore himself in (see section
3). On April 18, the CNC lifted the suspension nine days before it was
due to expire.
Censorship or Content Restrictions.--Some journalists continued to
practice occasional self-censorship.
Libel Laws.--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 ($1,037 to
$10,370). 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.
Internet Freedom.--There were no government restrictions on access
to the Internet or credible reports that the government monitored e-
mail or Internet chat rooms. Individuals and groups could engage in the
peaceful expression of views via the Internet, including by e-mail.
Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.
b. Freedom of Peaceful Assembly and Association.--The constitution
and law provide for freedom of assembly and association, and the
government generally respected these rights in practice.
On January 29, security forces used tear gas to disperse a crowd of
between 200 and 300 persons. There were no reports of injuries, and no
arrests were made.
c. Freedom of Religion.--See the Department of State's
International Religious Freedom Report at http://state.gov/j/drl/irf/
rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution and law provide for
freedom of movement within the country, foreign travel, emigration, and
repatriation, and the government generally respected these rights in
practice.
The government cooperated with the U.N. High Commissioner for
Refugees (UNHCR) and other humanitarian organizations in assisting
refugees and asylum seekers.
In-country Movement.--Although there were no legal restrictions on
internal movement, military and police personnel and gendarmes
continued to stop travelers at 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, as well as
irregular immigrants. Some members of the security forces extorted
bribes by threatening imprisonment or the confiscation of residency
documents.
Protection of Refugees.--Access to Asylum.--The country's laws
provide for the granting of asylum or refugee status, and the
government has established a system for providing protection to
refugees.
Refugee Abuse.--Despite efforts by the government and UNHCR to
reduce discrimination, refugees continued to complain about sporadic
harassment, extortion, and detentions by security forces. Beginning in
2010 the government replaced UNHCR-issued identity cards with
government-issued cards and provided them to more than 90 percent of
refugees. Card holders have many of 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, some refugees remained without
cards at year's end, either because they could not be reached or
because they chose not to regularize their status in the country.
On July 31, the refugee status expired of 9,500 persons from the
Republic of Congo who had lived in the country since the late 1990s. In
2010 a trilateral agreement was implemented between the U.N. and the
governments of Gabon and the Republic of Congo to ensure that refugees
could either return home, regularize their status in Gabon, or resettle
to a third country. By year's end, 708 Congolese were voluntarily
repatriated and 34 awaited repatriation pending the resolution of
medical issues or personal obligations. All seeking repatriation--
excluding the 34--had been accommodated by year's end. Of those seeking
resettlement in Gabon, 1,566 Congolese families regularized their
status during the year, 209 families were awaiting final documentation,
21 families had been resettled, and 266 families were awaiting
resettlement. Approximately 2,300 Congolese families had chosen none of
the preceding options and were presumably still in Gabon.
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. The government
was dominated by a strong presidency. When the legislature is not in
session, the president can veto legislation, dissolve the national
legislature, call new elections, and issue decrees that have the force
of law.
In January Andre Mba Obame, the secretary general of the former
National Union (UN) political party, swore himself in as president,
established a parallel government, and occupied the U.N. Development
Program headquarters in Libreville for a month. Mba Obame considered
himself the rightful winner of the 2009 presidential election despite
coming in third, according to the official count. On January 27,
security forces briefly detained seven members of the U.N. party and
charged them with disturbing the peace for refusing to move out of the
street during morning traffic. An eighth U.N. member, Paulin Obiang
Ndong, also was briefly detained for distributing videos of Mba Obame's
``investiture.'' In response to Mba Obame's self-proclamation, the
government dissolved the U.N. party for violating the country's unity.
On May 5, the National Assembly voted to remove Mba Obame's immunity as
a member of parliament. Mba Obame subsequently departed the country for
medical treatment.
Elections and Political Participation.--Recent Elections.--
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 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, although the election was marred by post-election
violence, significant restrictions on human rights, and accusations of
political tampering with the electoral process. 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. Authorities censored news coverage and harassed the
press. Numerous candidates contested the election results, which were
subsequently validated by the Constitutional Court.
In legislative elections held on December 17, the ruling PDG won
144 of 120 seats in the National Assembly. Regional and local observers
deemed the election generally free and fair despite minor
irregularities. Voter abstention was estimated at 65 percent.
Opposition and civil society leaders who had called for a boycott
claimed victory for the low voter turnout. Other observers noted that
abstention rates during legislative elections were generally high,
primarily due to lack of interest.
On June 17, parliament passed the Personal Data Protection Law,
which provides for the introduction of biometrics by 2013 to increase
transparency in future elections. Critics viewed the law, which
includes criminal penalties for the unlawful handling of personal
information, as a significant step toward reducing electoral
irregularities. No identity document using the proposed new technology
had been produced by year's end.
Political Parties.--The PDG has dominated the government since its
creation by former president Omar Bongo in 1968. PDG membership
conferred advantage in obtaining government positions.
Participation of Women and Minorities.--Women held governmental
positions, including at the ministerial level, in all branches of
government. In the 31-member cabinet, five were 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 Government Transparency
Although the law provides criminal penalties for official
corruption, officials often engaged in corrupt practices with impunity.
The most recent World Bank Worldwide Governance Indicators reflected
that corruption was a severe problem. During the year the government
continued its efforts to curb corruption.
For example, in January the president announced a major reshuffling
of his cabinet to remove corrupt officials from high-level positions.
Several ministers were transferred to less important ministerial
positions.
The National Infrastructure Agency, created in 2010 to address the
country's struggling infrastructure, introduced international tendering
for large infrastructure projects. The government hired a foreign
company to provide technical support and manage its construction
projects, which included the completion of a stadium during the year
and the initiation of several large projects in transportation,
housing, tourism, and ports sectors.
Investigations conducted by the Inspector General's Office resulted
in police dismissals, including the removal of a few high-level
officers (see section 1.c.).
In April the government restructured the agency responsible for
school scholarships and canceled many scholarships after discovering
evidence of mismanagement of a budget of more than 380 billion CFA
francs ($79 million).
In June the president removed all civil servants responsible for
urban planning after an investigation revealed corruption throughout
the Ministry of Habitat. After 18 months into a program to construct
5,000 new homes each year, no homes had been built, and the government
could not even provide developers with land titles to proceed.
The Commission Against Illegal Enrichment is the primary body
responsible for combating official corruption. During the year the
commission conducted several investigations, although specific
information on those investigations had not been released, nor was it
likely to be released.
Although the law provides that civil servants disclose their
financial assets within three months of assuming office to the
Commission Against Illegal Enrichment, this did not always occur. In
March the commission fined each of eight former government officials
100,000 CFA francs ($207) per month for a delay in declaring their
personal assets; none of the eight had complied by year's end.
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
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 more responsive to their views than in the previous year, when
officials took no known actions on their recommendations.
For example, after the release of a report on 2009 post-election
violence conducted by the domestic NGO Croissance Saine Environment,
the government followed up on recommendations to conduct human rights
training for prison guards and police. After local NGO Cri de Femmes
and UNICEF alerted the government to problems faced by children without
birth documentation, the government announced a program to provide
documents free of charge. Both government initiatives occurred during
the year.
Local human rights NGOs 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), Association
Jeunesse Sans Frontieres (Good governance), AGAFI (Indigenous
Population Protection), Sifos (Service International de la Formation
des Enfants victime de la Traite et de l'exploitation), Fawe Gabon
(Forun for African Women Educationalists), Liebe Handicap, and Reseau
de Defense des DroitsHumains du Gabon (an association of human rights
NGOs).
Government Human Rights Bodies.--The independent National Human
Rights Commission, which had been inactive since its 2006 inception,
began operating during the year. In May the commission appointed 12 new
members to the body from civil society, the media, religious community,
and judiciary. In September the commission held its first meeting to
develop an action plan for the promotion and protection of human
rights.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
Although the constitution and law prohibit discrimination based on
national origin, race, gender, disability, language, or social status,
the government did not enforce these provisions consistently.
Women.--Rape and Domestic Violence.--The law criminalizes rape and
provides penalties of five to 10 years' imprisonment for convicted
rapists. Nevertheless, rape cases seldom were prosecuted. The law does
not address spousal rape. There were no reliable statistics on the
prevalence of rape. Discussing rape remained taboo, and women often
opted not to report rape out of fear or shame. Only limited medical and
legal assistance for rape victims were available.
Although the law prohibits domestic violence, 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. Women virtually never filed complaints with civil
authorities, although the government operated a counseling group to
provide support for abuse victims.
Sexual Harassment.--There is no law that prohibits sexual
harassment, and it was a widespread problem. NGOs reported that sexual
harassment against women in the military was pervasive.
Reproductive Rights.--The government recognizes the basic right of
couples and individuals to decide freely the number and spacing of
their children and to have the information and means to do so free from
discrimination, coercion, and violence. Access to reliable
contraception has increased slowly since the 2009 repeal of a
parliamentary measure prohibiting the use of 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 obstetrical care. According to the World Bank, the
infant mortality rate was approximately 58 out of 1,000 births.
Although the maternal mortality rate was reported to be 260 deaths for
every 100,000 live births, the U.N. Population Fund suggested the rate
was probably higher and that most incidents of maternal mortality were
connected to the inadequate quality of health care providers. The
Ministry of Health suggested that the common practice of not seeking
prenatal care also played a role. Men and women received equal access
to diagnosis and treatment for sexually transmitted infections.
Discrimination.--The law provides women with equal rights to
education, business, investment, access to employment and credit, and
pay for similar work, and women owned businesses and property,
participated in politics, and worked in government and the private
sector. Nevertheless, women continued to face considerable societal and
legal discrimination, especially in rural areas. The law requires that
a woman obtain her husband's permission to travel abroad, although this
was rarely enforced.
Children.--Birth Registration.--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. In September
the Ministry of Social Affairs, in partnership with local NGOs and
UNICEF, launched a month-long registration campaign, registering the
births of 3,347 children of all ages.
Education.--Education is compulsory and tuition-free until age 16.
Students were required to pay for their supplies, including school
uniforms. The country had a shortage of classrooms and teachers, and
education often was unavailable after sixth grade in rural areas.
Child Abuse.--Child abuse occurred, but most cases were not
reported, particularly if the abuse occurred within the family. When
reports of abuse surfaced, the accused abusers generally were arrested,
but an inefficient judicial system resulted in long delays and slow
convictions.
Child Marriage.--The minimum age for consensual sex and marriage is
15 for girls and 18 for boys. Child marriage was rare.
Harmful Traditional Practices.--Although illegal, female genital
mutilation was believed to occur among the resident population of
noncitizen Africans.
Ritual killings of children also occurred and went unpunished (see
section 1.a.).
Sexual Exploitation of Children.--The law prohibits the commercial
sexual exploitation of children. If convicted, perpetrators can be
sentenced to between two and five years.
Some children participated in prostitution for economic reasons,
but the problem was not widespread. Third party involvement was rare.
The law prohibits lewd pictures and photographs ``against the
morals of society.'' The penalty for possession of pornography includes
possible imprisonment from six months to one year and/or fines up to
222,000 CFA francs ($461).
International Child Abductions.--On March 1, Gabon acceded to the
1980 Hague Convention on the Civil Aspects of International Child
Abduction.
Anti-Semitism.--There was no significant Jewish community in the
country, and there were no reports of anti-Semitic acts.
Trafficking in Persons.--See the Department of State's Trafficking
in Persons Report at http://state.gov/j/tip.
Persons With Disabilities.--The law prohibits discrimination
against persons with ``physical, mental, congenital, and accidental''
disabilities and requires access to buildings and services, although
most public buildings did not provide adequate access. There were no
reports of official discrimination against persons with disabilities,
but societal discrimination occurred, and employment opportunities and
treatment facilities for persons with disabilities were limited. In
August the Ministry of Health funded income generation projects for 194
persons with disabilities.
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 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.--Although there were no reports
of violence against lesbian, gay, bisexual, and transgender (LGBT)
persons, discrimination was a problem, and LGBT individuals often kept
their status secret.
Other Societal Violence or Discrimination.--Local NGOs reported
that discrimination against persons with HIV/AIDS occurred. 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. Freedom of Association and the Right to Collective Bargaining.--
The law protects the right of workers to form and join independent
unions and bargain collectively, but the right to strike was limited.
Unions must register with the government to be recognized officially,
and registration was granted routinely. The law prohibits antiunion
discrimination and provides for reinstatement for workers dismissed for
union activities. Strikes may be called only after eight days' advance
notification and only after arbitration fails. Public sector employees
were not permitted to strike if public safety could be jeopardized. The
law prohibits government action against individual strikers who abide
by notification and arbitration provisions, and no groups were excluded
from this protection. There are no special laws or exemptions from
regular labor laws in the country's two export processing zones.
Freedom of association and the right to collective bargaining were
respected in practice, and the government generally enforced applicable
laws, although enforcement procedures were sometimes delayed. Unions
were generally not only politically active and influential, but also
independent of the government and political parties. Nevertheless, some
unions were created and controlled by employers. Agreements negotiated
by unions also applied to nonunion workers.
There were labor violations during the year. For example, in
January the Ministry of Education suspended the salaries of nine
striking members of Conasysed, the teachers union. The teachers, who
had complied with the law in announcing the strike, appealed the salary
suspensions to the prime minister. In September the prime minister
announced that the suspensions had been lifted; however, the teachers
had not received their back pay by year's end.
Although antiunion discrimination is illegal, trade unions in both
the public and private sectors occasionally faced discrimination,
including blacklisting union members, unfair dismissal, threatening
workers who unionized, and creating employer-controlled unions.
b. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, including by children. However, the
government did not effectively enforce the law. Boys, many of whom were
trafficking victims from inside the country as well as from neighboring
countries, were forced to work as street hawkers or mechanics, as well
as in agriculture, animal husbandry, fishing, and mining. Girls and
women, many of whom were trafficking victims from inside the country as
well as from neighboring countries, were forced to work in domestic
servitude, market vending, restaurants, and commercial sexual
exploitation. Conditions included very low pay and forced long hours.
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, 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. Some
children also participated in prostitution for economic reasons.
The Ministry of Labor's lack of sufficient vehicles, budget, and
personnel impeded the ability of labor inspectors to investigate
allegations of forced labor. In addition, labor inspectors found it
difficult to access family-owned commercial farms and private
households due to inadequate road infrastructure.
See also the Department of State's Trafficking in Persons Report at
http://state.gov/j/tip.
c. Prohibition of Child Labor and Minimum Age for Employment.--The
law prohibits employment of children below the age of 16 without the
expressed consent of the ministries of labor, education, and public
health. The law provides for fines of between 290,000 and 480,000 CFA
francs ($602 to $996) 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. The law was not enforced in rural
areas and within the informal sectors, however, primarily because the
inspection force was inadequate.
Child labor was a problem, particularly 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. 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 (see section 7.b.).
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.
Labor inspections were conducted of construction projects for the
Africa Cup of Nations to ensure that child labor was not being used.
Labor inspection teams were also sent upcountry to hold meetings on the
use of child labor in the home and to encourage residents to report
cases of child domestic servitude.
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 the Department of Labor's Findings on the Worst Forms of Child
Labor at http://dol.gov/ilab/programs/ocft/tda.htm.
d. Acceptable Conditions of Work.--During the year the national
monthly minimum wage was increased from 80,000 CFA francs ($166) to
150,000 CFA francs ($311). Government workers received an additional
monthly allowance of 20,000 CFA francs ($41) per child and
transportation, housing, and family benefits. There was no minimum wage
in 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, which is determined by collective agreements or
government regulations. According to the law, the daily limit for
compulsory overtime can be extended from 30 minutes to two hours to
perform specified preparatory or complementary work, such as starting
machines in a factory or supervising a workplace. It also can be
extended for urgent work to prevent or repair accidents. The daily
limit does not apply to establishments in which work is performed on a
continuous basis and those providing services that cannot be subject to
a daily limit, including retail, transport, dock work, hotels and
catering, housekeeping, guarding, security, medical establishments,
domestic work, and the press.
The Ministry of Health establishes occupational safety and health
standards but did not enforce or regulate them. In the formal sector,
workers may remove themselves from dangerous work situations without
fear of retribution.
The Ministry of Labor is responsible for enforcing minimum wage
standards in the formal sector and generally did so effectively.
However, the ministry did not enforce overtime or health and safety
standards.
The government reportedly did not enforce labor code provisions in
sectors where the majority of the labor force was foreign, such as in
the mining and timber sectors. 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.
__________
THE GAMBIA
executive summary
The Gambia is a multiparty democratic republic. On November 25,
voters reelected President Alhaji Yahya Jammeh to a fourth term in a
peaceful, orderly election that was neither free nor fair. President
Jammeh's party, the Alliance for Patriotic Reorientation and
Construction (APRC), continued to dominate the political landscape.
There were instances in which elements of the security forces acted
independently of civilian control.
The most serious human rights problem in the country was the
government's harassment and abuse of its critics, which resulted in a
muzzled press and the death, torture, arrest and detention, and
sometimes enforced disappearance, of citizens.
Other human rights problems included poor prison conditions; denial
of due process, prolonged pretrial detention, and incommunicado
detention; restrictions on privacy and freedoms of speech, press, and
assembly; violence against women and girls, including female genital
mutilation; forced child marriage; trafficking in persons; child
prostitution; discrimination against lesbian, gay, bisexual, and
transgender (LGBT) individuals; and child labor.
The government sometimes took steps to prosecute or punish
officials who committed abuses; however, impunity was a problem.
Section 1. Respect for the Integrity of the Person, Including Freedom
from:
a. Arbitrary or Unlawful Deprivation of Life.--There were several
reports that the government or its agents committed arbitrary or
unlawful killings.
For example, on January 28, in the village of Numuyel, Upper River
Region, officers of the local detachment of the Police Intervention
Unit (PIU) tied Dembo Sibi to a tree and beat him to death. The Daily
News, a local newspaper, reported that Sibi was accused of stealing a
motorbike and quoted his father as saying that police officers demanded
3,000 dalasi ($105) for his release, a sum Sibi was unable to pay.
Authorities arrested five PIU officers in connection with the case. On
May 30, a judge convicted two of the five--Demba and Modou Colley--and
sentenced them to death; he acquitted the remaining three officers.
On April 15, Cherno Alieu Suwareh of Bakau Sanchaba, West Coast
Region, died following a confrontation with five officers of the
National Drug Enforcement Agency (NDEA). On March 25, the officers
raided Suwareh's compound, reportedly found cannabis in his room, and
struck Suwareh's head against a wall, resulting in injuries to the
forehead, according to Yerro Mballow, the police public relations
officer. Suwareh was admitted to the Royal Victoria Teaching Hospital
in Banjul where he died 11 days later. Suwareh's niece, Isatou Jallow,
claimed she was present during the beating and testified in court on
July 12 that her uncle was unable to climb into the vehicle that took
him away due to his injuries. On June 13, the court released three of
the five officers arrested in connection with the incident for lack of
evidence. On December 5, a judge acquitted the remaining two--Eku P. L.
Grant and Ebou Lowe--and discharged them. The magistrate said there was
no direct evidence that Suwareh died as a result of acts perpetrated by
the accused persons, noting that Suwareh's relatives had refused an
autopsy.
b. Disappearance.--There were no reports of politically motivated
disappearances.
During the year the government provided conflicting accounts of the
whereabouts of missing journalist ``Chief'' Ebrima Manneh, who was
arrested by security officers in 2006 and subsequently disappeared.
During a March 16 press conference, President Jammeh said that his
government had nothing to do with ``the death of Chief Manneh,'' the
first admission by a government official that Manneh had died. During
an October 6 interview with the Daily News, Minister of Justice Edward
Gomez claimed Manneh ``was alive and was somewhere to be disclosed
later.'' On October 19, during a meeting in Banjul with officials of
the Federation of African Journalists, the justice minister said that
Manneh had ``stage-managed his disappearance for mischievous reasons.''
He went on to say that Manneh had left the country and that the
government had evidence from Interpol that he went to the United
States. Manneh's family publicly denied the claim. In October Reporters
Without Borders called on Gomez to quickly produce evidence of his
claim that Manneh was still alive out of respect for Manneh, his
family, and colleagues, as well as those who had been waiting for news
of him for more than five years. In December the government agreed to
an independent, outside investigation into Manneh's death.
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 (see also section 1.a.).
On January 2, villagers in Foni Kampasa witnessed two members of
the Gambia Armed Forces (GAF) assaulting two timber dealers and their
drivers, according to Foroyaa newspaper. The victims--Habib Babu, Gibi
Sonko, Pa Ousman Ceesay, Ansumana Kinteh and Lamin Kassama--required
medical attention and were taken to Bwiam Hospital by officers from
Kalagi police station. The victims later told a Foroyaa reporter that
the army officers stole their money and cell phones.
On December 16, officers of the NDEA arrested Alpha Omar Jobe on
suspicion of cannabis trafficking. According to the Daily News
newspaper, Jobe was subsequently tortured and released; he died six
days later as a result of his injuries. An angry mob carried Jobe's
body to Manjai police station, which they attacked with stones and
sticks. Police arrested 21 youths in connection with the attack on the
station and charged them with causing willful damage to property and
taking action causing a breach of peace. Their trial continued at
year's end. No action was taken against the officers who allegedly
tortured Jobe.
During the year there were reports that Venezuelan national George
Sanchez, who was one of nine men convicted of drug trafficking
following the May 2010 seizure of more than two tons of cocaine in the
village of Bonto, was subsequently tortured during detention. During
his December 2010 trial, Sanchez alleged that security officers put a
plastic bag over his head and beat him, burned his waist and genitals
with cigarettes, and forcefully removed one of his toenails. Police
denied the allegations.
There were no developments in the March 2010 alleged torture by
members of the National Intelligence Agency (NIA) of Ensa Badjie,
former inspector general of police. Badjie testified during his 2010
trial for corruption, abuse of office, drug crimes, and other offenses
that NIA members severely beat him after NIA operative Omar Cham
covered his head with a black plastic bag. Badjie showed the scars on
his mouth to the courtroom.
The Indemnity Act, which allows the president to grant amnesty to
any person, including security force members, accused of misconduct
during unauthorized gatherings, continued to deter victims from seeking
redress for torture during the country's 1994-96 military rule. The
army requires victims to file formal complaints with the courts
regarding alleged torture that occurred at other times. 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 with overcrowded, damp, and poorly ventilated cells. Inmates
complained of poor sanitation and food. Inmates occasionally slept on
the floor. Detainees were allowed to receive food from outside prior to
conviction, but not afterwards. Medical facilities in prisons were
poor, and sick inmates 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 were extremely high, and
there were no ceiling fans or other measures to reduce heat. During his
October 13 treason trial, former information minister Amadou Janneh
complained in court that the roof of his cell at Jeshwang Prison leaked
(see section 1.e.).
At year's end there were approximately 1,000 inmates in the
country's prisons, more than double the intended capacity.
In late October inmates in the security wing of Mile 2 Central
Prison went on a hunger strike to protest overcrowding, poor hygienic
conditions, poor diet, restrictions on the number of visits by family
members, failure by prison authorities to comply with medical
recommendations from doctors, and denial of access to television and
radio. Prison authorities denied any hunger strike occurred.
Pretrial detainees occasionally were held with convicted prisoners.
Prisoners generally had access to visitors, although there were
occasional reports of lawyers and family members being denied access to
detainees at Mile 2 Central Prison. Prisoners were permitted religious
observance. Prisoners and detainees could transmit complaints to
judicial authorities through their lawyer, if they could afford one, or
relatives.
Authorities sometimes investigated credible allegations of inhumane
conditions. A Prisons Visiting Committee, which includes
representatives of several government agencies, is empowered to monitor
detention center conditions. Ousman Sonko, the minister of interior,
claimed that the committee visited the prison weekly and submitted
reports on substandard conditions. Claims of weekly committee visits
could not be verified.
The Office of the Ombudsman can investigate all complaints brought
before it, including bail conditions, pretrial detention, and
confinement of juvenile offenders. However, it cannot negotiate
alternatives for detainees or convicts. The Office of the Ombudsman did
not publish findings of any investigations it conducted during the
year.
The government did not permit the International Committee of the
Red Cross or the media access to monitor prison conditions during the
year.
d. Arbitrary Arrest or Detention.--The constitution and law
prohibit arbitrary arrest and detention; however, there were instances
of police and other security forces arbitrarily arresting and detaining
citizens.
Role of the Police and Security Apparatus.--The GAF 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 NIA, which reports directly to the
president, is responsible for protecting state security, collecting
intelligence, and conducting covert investigations. The NIA is not
authorized to investigate police abuses but often assumed police
functions, such as detaining and questioning criminal suspects. During
the year the NDEA, which was initially mandated to investigate narcotic
crimes, was given sweeping powers to protect state security, largely
marginalizing the NIA.
Security force members were frequently corrupt and ineffective.
Impunity was a problem, and police sometimes defied court orders.
For example, on June 24, Mansa Bah, who was acquitted by a
magistrate in Banjul, was rearrested and returned to prison after the
prosecutor informed the court that he was ``going to appeal'' the
acquittal. Bah was charged with drug trafficking and conspiracy, but
the court upheld the no-case-to-answer submission filed by his lawyer
and ordered his release. Bah remained in prison pending appeal at
year's end.
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; however, no complaints were
filed during the year.
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, prosecutors often opposed
applications for bail for detainees charged with misdemeanors and
ordered lengthy adjournments to allow additional time to prepare their
cases. Judges and magistrates sometimes set bail bonds at unreasonably
high amounts. 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, sometimes to provide the
prosecution more time to prepare cases. Detainees were not allowed
prompt access to a lawyer or family members, although convicted
prisoners were generally permitted to meet privately with an attorney.
Indigent persons accused of murder or manslaughter were provided
lawyers 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, such
detentions occurred.
For example, on April 30, in Banjul, security forces arrested
Mouctar Diallo, a Guinean citizen visiting the country while studying
at the American University in Cairo. Diallo, who came to The Gambia to
study the relationship between West African nomads and globalization,
was charged with ``threatening national security'' but later cleared by
the NIA and allowed to leave the country.
Arbitrary Arrest.--Security forces arbitrarily arrested
journalists, an Islamic scholar, human rights activists, and other
citizens during the year (see sections 1.e., 2.a., and 5).
Lamin Mboge, a lawyer known for his commitment to human rights, was
arrested and prosecuted under spurious charges. On January 26, Mboge, a
former magistrate and leading counsel in the Gambia Committee on
Traditional Practices Affecting the Health of Women and Children
(GAMCOTRAP) case (see section 5), was arrested and charged with ``false
swearing'' and ``uttering false documents'' and remanded to Mile 2
Central Prison. The arrest followed a criminal complaint lodged by one
of Mboge's clients over land he allegedly sold without lawful
authority. Mboge denied the charges and was released on bail; his trial
was ongoing at year's end.
Pretrial Detention.--Backlogs and inefficiency in the justice
system resulted in lengthy pretrial detention. Approximately 27 percent
of inmates in the prison system were in pretrial detention, and some
had been incarcerated for several years awaiting trial.
Amnesty.--Several detainees were released without charge or
pardoned during the year, including Moses Richards, a former high court
judge (see section 1.e.).
e. Denial of Fair Public Trial.--The constitution and law provide
for an independent judiciary; however, the courts lacked independence
and were inefficient and corrupt. Amnesty International noted that the
president's power to remove a judge, nominally in consultation with the
Judicial Service Commission, impeded judicial independence. Judges
presiding over ``sensitive'' cases who made decisions not considered
favorable to the government risked being fired. Frequent delays and
missing or unavailable witnesses, judges, and lawyers often impeded
trials. Many cases also were delayed because of adjournments to allow
the police or NIA time to continue their investigations.
To alleviate the backlog, the government continued to recruit
judges and magistrates from other Commonwealth countries with similar
legal systems. Foreign magistrates and judges, who often presided over
sensitive cases, were particularly subject to executive pressure.
In April 2010 high court judge Moses Richards was dismissed without
explanation amid reports he criticized the domination of the bench by
Nigerian judges and magistrates. In December 2010 Richards, who had
gone into private legal practice, was arrested, denied bail, and
charged with sedition and ``giving false information to the public
servant,'' a reference to a letter he addressed to the sheriff of the
High Court regarding a land dispute in the village of Jabang. On
September 19, Richards was convicted and sentenced to two years'
imprisonment with hard labor by the Nigerian-born magistrate who
presided over the case. On October 14, Richards was released from
prison by presidential pardon following an apology and plea for mercy
he addressed to President Jammeh.
Trial Procedures.--The law provides for the presumption of
innocence. Trials were public, unless closed-court sessions were
necessary to protect the identity of a witness. Juries were not used.
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. 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 Amnesty International.
Military tribunals cannot try civilians. Court-martial proceedings
are presided over by a judge advocate assisted by a panel of senior
military officers.
The judicial system also recognizes customary law and sharia
(Islamic law).
Customary law covers marriage and divorce for non-Muslims,
inheritance, land tenure, tribal and clan leadership, and other
traditional and social relations. District chiefs preside over local
tribunals that administer customary law at the district level.
Customary law recognizes the rights of all citizens regardless of age,
gender, and religion; however, it requires women to show respect for
their husbands, and children to demonstrate respect for their parents.
Sharia applies in domestic matters, including Muslim marriage,
divorce, and inheritance. Islamic, or Cadi, courts discriminated
against women. Cadi courts and district tribunals do not offer standard
legal representation to the parties in a case, since lawyers are not
trained in Islamic or customary law.
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 nearly 30 political prisoners in
detention at year's end. Most were former military personnel accused of
involvement in plots to overthrow the government. They were held in the
security wing of Mile 2 Central Prison, but were occasionally allowed
visits from family members. The government did not allow regular access
to such persons by international human rights organizations.
During the year the trial of former minister of information Amadou
Scattred Janneh and three of his alleged collaborators--Modou Keita,
Ebrima Jallow, and Michael C. Uche Thomas--continued. In June they were
arrested and held for 42 days without charge. They were charged in July
with treason, conspiracy to commit treason, and seditious acts in
connection with the printing and distribution of 100 T-shirts bearing
the inscriptions ``Coalition for Change-The Gambia'' and ``End
Dictatorship Now.'' Three Gambian journalists living in exile--former
Gambian Press Union (GPU) president Ndey Tapha Sosseh, columnist Mathew
Jallow, and Famara Demba--also were charged with treason and sedition.
On May 11, the Special Criminal Court in Banjul acquitted and
discharged 12 of 16 persons standing trial on terrorism charges. Those
acquitted included Gambian citizens Kemo Conteh, army Staff Sergeant
Sam Kambai, NIA officer Kebba Seckan, Samsudeen Jammeh, and eight
Senegalese citizens. Trials of the remaining four of the 16 accused--
Alasana Thomas Jarju, Maulud Badjie, Lasana (Prosper) Sambou, and
Ousman Jarju-continued at year's end. In 2009 there were reports that
all four had been held incommunicado for three or four years on
terrorism charges in an unknown location.
On April 14, the Court of Appeal dismissed the appeals of seven of
eight men convicted of plotting to overthrow the government in 2009 and
sentenced to death in July 2010. The seven were former GAF chief of
defense staff General Lang Tombong Tamba; former GAF director of
operations and training Brigadier General Omar Bun Mbye; the commander
of the army unit in the president's home village, Lieutenant Colonel
Kawsu Camara; the head of GAF intelligence, Major Momodou Lamin Bo
Badjie; former deputy inspector general of police Momodou Gaye; former
diplomat Ngorr Secka; and real estate dealer Abdoulie Joof. The eighth
man, businessman Yusuf Ezziden, appealed separately but did not appear
in court and reportedly left the country. Tamba and his six colleagues
filed an appeal in August with the Supreme Court, which was pending at
year's end.
On May 23, Tamba, who was already serving a death sentence for
allegedly plotting a coup, and former chief of naval staff Rear Admiral
Sarjo Fofana were convicted of concealment of treason and sentenced to
20 years' imprisonment in connection with an unsuccessful coup plot in
2006. Tamba, who originally was credited with foiling the plot when he
alerted the president and mobilized loyal forces to arrest officers
said to be involved, was charged with concealment of treason in June
2010.
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.
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 his lawyer or international humanitarian organizations. 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 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 2008 at the Royal Victoria Hospital, where he was being escorted by
wardens from Mile 2 Central Prison.
During the year the government provided conflicting accounts of the
whereabouts of missing journalist ``Chief'' Ebrima Manneh, who was
arrested by security officers in 2006 and subsequently disappeared (see
section 1.b.).
In January 2010 former NIA director Ousman Sowe, who was arrested
in 2009 for ``delaying a document of national security interest,'' was
released unconditionally.
Civil Judicial Procedures and Remedies.--The high court has
jurisdiction to hear cases concerning civil and human rights
violations, although it may decline to exercise its powers if it is
satisfied that other adequate means of redress are available. The
Indemnity Act continued to prevent victims from seeking redress in some
cases.
The government did not comply with the 2008 ruling of the Economic
Community of West African States (ECOWAS) Court to release missing
journalist ``Chief'' Ebrima Manneh and pay compensation of $100,000.
The government also refused to comply with a 2010 ruling by the same
court to pay $200,000 in compensation to exiled journalist Musa
Saidykhan, who alleged that security agents tortured him during his
detention in 2006.
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 generally enforced 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.--Status of Freedom of Speech and
Press.--The constitution and law provide for freedom of speech and
press; however, the government restricted these rights. According to
the Observatory for the Protection of Human Rights Defenders, ``the
environment for independent and opposition media remained hostile, with
numerous obstacles to freedom of expression, including administrative
hurdles, arbitrary arrest and detention, intimidation and judicial
harassment against journalists, and the closure of media outlets,
leading to self-censorship.''
Freedom of Speech.--Individuals who publicly or privately
criticized the government or the president risked government reprisal.
For example, on June 18, security forces arrested without charge
Alhaji Ismaila Manjang, a prominent Islamic scholar and imam in the
coastal town of Gunjur. The arrest followed Manjang's graduation speech
given at his Islamic institute in which he condemned practices that
could be considered idolatrous, such as visits to shrines to seek
blessings. Manjang was subsequently held incommunicado at NIA
headquarters for four days. At year's end Manjang had not been charged
with any offense but was required to report frequently to the NIA.
Freedom of Press.--Constitutional protections were undermined by
laws that impose excessive bonds on media institutions, require
newspapers to reregister annually, and mandate harsh punishment for the
publication of false information. According to Freedom House, these
provisions gave authorities great power to silence dissent.
On March 16, President Jammeh warned independent journalists that
he would ``not compromise or sacrifice the peace, security, stability,
dignity, and the well being of Gambians for the sake of freedom of
expression.'' Accusing some journalists of being the ``mouthpiece of
opposition parties,'' he vowed to prosecute any journalist who offended
him.
The government published The Gambia Info newspaper, formerly called
The Gambia Daily. The privately owned Daily Observer newspaper 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.
The government-owned Gambia Radio and Television Services (GRTS)
and nine private radio stations broadcast throughout the country. GRTS
gave limited coverage to opposition activities. 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.
Violence and Harassment.--Media restrictions tightened during the
year, and the government continued to harass and detain journalists.
Numerous journalists remained in self-imposed exile as a result of
government threats and harassment. On March 16, police arrested and
detained Dodou Sanneh, a journalist who petitioned the president during
the year to request reinstatement at GRTS following Sanneh's 2006
dismissal from his position there. On September 15, Sanneh was
convicted of ``giving false information to a public servant'' and fined
500 dalasi ($17) or six months in prison. The GPU paid the fine.
On June 27, Ahmed Alota, the executive director of the GPU, was
arrested and detained overnight at PIU headquarters following the
transmission by Skype of a statement made by Ndey Tapha Sosseh, the
union's exiled former president, at the GPU Congress. On July 1,
journalist Madi S. Njie, the newly elected secretary general of the
GPU, was arrested at the offices of the Standard newspaper. Njie was
reportedly questioned about a report on Alota's arrest sent to the
Ghana-based media watchdog Media Foundation for West Africa and the
underground civil society organization The Coalition for Change, of
which Sosseh was a member. Both Alota and Njie were released without
charge.
Journalists from news outlets perceived to be critical of the
government were routinely denied access to public information and were
excluded from covering official events at certain venues.
Censorship or Content Restrictions.--Private media outlets
generally practiced self censorship for fear of reprisal by the
government, and many avoided content deemed contrary to the principles
of Islam or offensive to other religions and sects. Nevertheless,
opposition views regularly appeared in the independent press, and there
was frequent criticism of the government in the private media.
On several occasions during the year, NIA authorities ordered
community radio station Taranga FM to stop broadcasting news in local
languages or face closure. Taranga was the only private radio station
in the country that broadcast national news in local languages, a
valued service to the large illiterate segment of the population. The
station was forced off the air for 32 days in January and February but
was subsequently allowed to broadcast on condition that the station not
review opposition newspapers. Referring to the government's action, the
Committee to Protect Journalists issued a statement in August noting
that it ``condemned the illegal act of political censorship to silence
Taranga FM ahead of the November presidential elections.'' At year's
end Taranga FM continued its local language broadcasts but avoided
sensitive or controversial stories.
Libel Laws/National Security.--In previous years the NIA was
involved in arbitrary closures of media outlets and the extrajudicial
detention and torture of journalists; however, there were no such
reports during the year.
Internet Freedom.--There were no government restrictions on access
to the Internet or reports that the government monitored e-mail or
Internet chat rooms. Individuals and groups could generally engage in
the peaceful expression of views via the Internet, including by e-mail.
However, Internet users reported they could not access the Web sites of
the foreign online newspapers Freedom and The Gambia Echo, which
criticized 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;
however, police occasionally refused to issue permits to opposition
parties wishing to hold political rallies.
In October police denied a permit to members of the Gambia Bar
Association seeking to protest the conviction and imprisonment of
lawyer Moses Richards (see section 1.e.). The inspector general of
police said he denied the permit on grounds of public security and
safety.
Unlike in the previous year, there were no reports that opposition
leaders were imprisoned for organizing political rallies without
permits.
Freedom of Association.--The constitution and law provide for
freedom of association, and the government generally respected this
right in practice.
c. Freedom of Religion.--See the Department of State's
International Religious Freedom Report at http://state.gov/j/drl/irf/
rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution and law provide for
freedom of movement within the country, foreign travel, emigration, and
repatriation, and the government generally respected these rights.
The government cooperated with the Office of the U.N. 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.
Foreign Travel.--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.
Protection of Refugees.--Access to Asylum.--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.
The UNHCR reported 9,415 refugees in the country, of whom 8,359
were Senegalese who fled the Casamance conflict in Senegal. The UNHCR
provided assistance with basic needs and services and implemented
livelihood programs. The refugee status of the second largest group--
709 refugees from Liberia--was scheduled to expire in June 2012, except
for compelling cases in which individuals still felt threatened. During
the year the number of refugees from Cote d'Ivoire increased from 70 to
305 as a result of the post-election crisis in that country. The
country also hosted smaller numbers of refugees from Togo, the
Democratic Republic of Congo, Somalia, Eritrea, Sudan, Guinea-Bissau,
Rwanda, and Cameroon.
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, citizens were unable to exercise this
right in the November 24 presidential election due to the government's
intimidation of voters and ruling party control of the media.
Elections and Political Participation.--Recent Elections.--On
November 24, voters reelected President Jammeh to a fourth term with 72
percent of the vote. The election was peaceful and orderly, and more
than 83 percent of voters participated. UDP leader Ousainu Darboe came
in second with 17 percent, and independent candidate Hamat Bah received
11 percent. Prior to the election, ECOWAS said its investigations found
``an opposition and electorate cowed by repression and intimidation.''
Explaining its decision not to send election observers, ECOWAS added
that the preparations and political environment were not conducive to
the conduct of free, fair, and transparent polls. Mustapha Carayol, the
chairman of the Independent Electoral Commission, characterized the
ECOWAS criticism as lies. Other government sources claimed the ECOWAS
boycott was the result of a personal dispute rather than based on fact.
The opposition criticized government control of the state-owned media,
a shortened official campaign period, use of state resources by the
ruling party, and the overt participation in political activity by
government officials and members of the security forces. However, the
UDP and its alliance partners did not challenge election results in
court, claiming that they were not given sufficient time to do so.
Political Parties.--President Jammeh's party, the APRC, held 42 of
48 seats in the National Assembly and continued to dominate the
political landscape. APRC membership conferred advantages, such as
expediting government transactions, facilitating access to certain
documents, and securing employment contracts.
Participation of Women and Minorities.--There were four women in
the 53-seat National Assembly; two were elected and two were nominated
by the president. At year's end there were five women in the 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 were from the 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 most recent worldwide governance indicators reflected that
corruption was a serious problem.
The president spoke against corruption on numerous occasions during
the year and in July 2010 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.
There were no new prosecutions for corruption of senior police,
military, or civilian officials during the year.
On July 29, a court sentenced former inspector general of police
Ensa Badjie to life imprisonment for armed robbery, abuse of office,
and other crimes. Former chief superintendent of prisons Ali Ceesay,
also accused in the case, was fined 30,000 dalasi ($1,050), which he
paid.
The trial in a separate case against Ensa Badjie, former commander
of the military police unit of the army Lieutenant-Colonel Mam Matarr
Secka, and Major Kuluteh Manneh continued at year's end. The three
defendants were charged with corruption, abuse of office, involvement
in drug-related crimes, and armed robbery.
At year's end the trial continued of four NDEA senior officers,
including Director General Ebrahim Bun Sanneh; his deputy, Karamo
Bojang; and former director of operations Ousman Sanneh. In March 2010
the four were dismissed and charged with corruption, drug-related
offenses, and abuse of office.
Public officials were subject to financial disclosure laws, but
these laws were seldom enforced.
The constitution and law do not provide for public access to
government information. Under the law civil servants are not allowed to
divulge information about their departments or 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 despite government restrictions, investigating and
publishing their findings on human rights cases. However, government
officials were seldom cooperative or responsive to their views.
According to Annual Report 2011 of the Observatory for the Protection
of Human Rights Defenders, the legal and institutional environment in
the country continued to limit nongovernmental organizations (NGOs) and
human rights monitoring activities. The NGO Decree of 1996 imposes a
cumbersome registration process, allows the government to reject valid
NGO registration, and requires annual submissions of budgets and work
programs. The 2010 decision to place supervision of NGO activities
under the Office of the President resulted in increased restrictions.
Human rights organizations censored themselves and focused on
nonsensitive issues. Several groups expressed concern over detainees
held incommunicado, but the government did not respond.
The government harassed, arrested, and detained human rights
workers.
There were reports during the year that in February 2010 the
Immigration Department arrested and detained for three days Edwin
Nebolisa Nwakaeme, the founder and program director of Africa for
Democracy and Good Governance (ADG), for allegedly lying about the
category of his organization on a registration form. In March 2010 the
Serious Crimes Unit of police headquarters in Banjul summoned and
rearrested him. Nwakaeme was subsequently charged with ``giving false
information to public officials'' for claiming in a letter to the
Office of the President that ADG was an NGO, despite the fact that it
was registered as a charity. In the letter Nwakaeme had requested
President Jammeh's daughter to accept her nomination as an ADG
ambassador. In September 2010 Nwakaeme was sentenced to six months'
imprisonment with hard labor and a fine of 10,000 dalasi ($350). The
court also banned him from running ADG in the country and ordered him
to surrender all the documents including the license pertaining to the
organization. In December 2010 the Banjul High Court upheld Nwakaeme's
conviction on appeal. On January 14, Nwakaeme was released from jail
and deported to Nigeria, his native country.
At year's end the trial continued of two prominent gender activists
and campaigners against female genital mutilation (FGM)--Isatou Touray,
executive director of the NGO GAMCOTRAP, and the agency's program
coordinator, Amie Bojang Sissoho. Touray and Sissoho, who were arrested
in October 2010, were charged with mismanaging 30,000 euros ($40,200)
granted by the Spanish NGO Yolocamba Solidaridad. The two were
subsequently denied bail and spent eight days in prison before their
trial could proceed. The charges of theft were reportedly based on the
findings of an investigative panel that looked into GAMCOTRAP's
management of the Yolocamba grant. A previous panel set up by the
Office of the President in May 2010 concluded that the allegations of
mismanagement were unfounded. On January 31, during a hearing at Banjul
Magistrate's Court, the director of the Spanish NGO denied accusing
anyone associated with GAMCOTRAP of theft. Both Touray and Sissoho
continued their work with GAMCOTRAP during the year.
U.N. and Other International Bodies.--The government allowed visits
during the year by the U.N. and other international governmental
organizations, such as ECOWAS and the Commonwealth Secretariat;
however, the government offered no public response to reports issued
after the visits.
Government Human Rights Bodies.--The Office of the Ombudsman, which
was established and funded by the government, operated a national human
rights unit (NHRU) to promote and protect human rights and to support
vulnerable groups. During the year the unit received and addressed
complaints regarding unlawful dismissals, termination of employment,
unfair treatment, and illegal arrest and detention. According to the
2010 report from the Office of the Ombudsman, which was released on
October 17, the organization received 83 complaints, most of which
involved the police force. Of the 83 complaints, 38 were resolved in
favor of complainants, 19 were dismissed, 15 were discontinued, and the
remainder were pending.
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. However, discrimination against
women remained a problem.
Women.--Rape and Domestic Violence.--The penalty for rape is life
imprisonment; however, rape, including spousal rape, was a widespread
problem. The maximum penalty for attempted rape is seven years'
imprisonment. A small number of cases reported to police were
prosecuted; most prosecutions resulted in conviction. At least six 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. Police generally
considered reports of spousal rape to be domestic issues outside of
their jurisdiction.
The law prohibits any form of violence against women; however,
domestic violence was a problem. Domestic violence was underreported
due to the stigma attached to it. Cases were seldom prosecuted and
usually settled through counseling and dialogue with family elders.
On January 26, Ebrima Drammeh of Brikama Gidda was convicted of
common assault for slapping his wife and fined 5,000 dalasi ($175) or
in default to serve one year in prison.
GAMCOTRAP, one of the leading women's rights NGOs in the country,
included gender-based violence in its training modules for combating
FGM. Another group, the Female Lawyer's Association of The Gambia,
educated women on their rights and represented them, often pro bono, in
domestic violence cases.
Sexual Harassment.--The law prohibits sexual harassment and
provides for a one-year mandatory prison sentence for offenders. No
cases were reported during the year, but sexual harassment remained a
problem.
Sex Tourism.--The law prohibits sex tourism, but the problem was
occasionally reported in tourist resort areas.
Reproductive Rights.--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. The maternal mortality rate during the year was
378 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.
Discrimination.--The law provides equal rights to men and women and
prohibits discrimination on grounds of gender; however, women
experienced a wide range of discrimination in matrimonial rights,
property ownership, and inheritance rights. Employment in the formal
sector was open to women at the same salary rates as men, and no
statutory discrimination existed in other kinds of employment, access
to credit, or owning and managing a business; however, societal
discrimination lingered, and women generally were employed in such
pursuits as food vending or subsistence farming.
Sharia law 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 men. 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.--Birth Registration.--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 were often
required to enroll in school, but they could easily be obtained.
Education.--The constitution and law mandate compulsory, tuition-
free primary education from ages six to 12, but families often had to
pay tuition as well as fees for books, uniforms, lunch, school fund
contributions, and exam fees. 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
one-third of high school students. The enrollment of girls was lower 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 initiative to increase the numbers of girls in school, the
government ensured that tuition for female students was consistently
waived.
Child Abuse.--Child abuse occurred. Serious cases of abuse and
violence against children were subject to criminal penalties, and
authorities generally enforced laws when cases of child abuse or
mistreatment were brought to their attention.
The penalty for rape is life imprisonment. However, because of the
difficulty of proving rape of minors, particularly very young children,
the charge was generally defilement or having carnal knowledge, both of
which carry a prison sentence of 14 years.
That was at least one conviction for rape during the year. On
October 17, Yankuba Njie, a resident of Fajikunda in Kanifing
Municipality, was sentenced to life imprisonment with hard labor for
raping and kidnapping a teenager. Other cases involving child rape that
remained before the courts included Italian national Regnoni Renato,
charged with raping a 13-year-old child; Landing Sanneh of Kololi,
accused of raping a seven-year-old girl; Koranic teacher Alhagie Faal,
accused of raping a 10-year-old student; and Dutch national Handre Van
Roye, who was charged with rape and abuse of underage children.
Harmful Traditional Practices.--The law does not prohibit FGM, and
the practice remained widespread. A 2005-06 survey by the U.N.
Children's Fund found that approximately 78 percent of girls and women
had undergone FGM, and seven of the nine major ethnic groups practiced
FGM on girls 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.
During the year several district chiefs, ward councilors, members
of the Council of Elders, religious leaders, female leaders, and female
circumcisers attended GAMCOTRAP seminars on the harmful effects of FGM.
GAMCOTRAP continued its campaign for a law banning FGM.
Child Marriage.--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 age
12. There are no laws against forced marriage, and in many villages,
young girls were forced to marry at a young age.
Sexual Exploitation of Children.--The law provides for 14 years'
imprisonment for commercial sexual exploitation of children and a five-
year prison term for child pornography. The minimum age for consensual
sex is 18. Children in prostitution worked in some brothels, often to
support their families or because they were orphans. A small number of
children were also trafficked for forced commercial sexual
exploitation. NGOs believed that some 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.
International Child Abductions.--The country is not a party to the
1980 Hague Convention on the Civil Aspects of International Child
Abduction.
Anti-Semitism.--There was no known Jewish community, and there were
no reports of anti-Semitic acts.
Trafficking in Persons.--See the Department of State's Trafficking
in Persons Report at http://state.gov/j/tip.
Persons With Disabilities.--The constitution prohibits exploitation
of and discrimination against persons with disabilities in access to
health services, education, and employment; however, 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 law requires
that judicial proceedings involving a person with disabilities take
into account the disability. There were no laws or programs to ensure
that persons with disabilities had access to information or
communications.
Persons with severe disabilities experienced discrimination and
subsisted primarily through private charity. Persons with less severe
disabilities encountered less discrimination, including in employment
for which they were physically and mentally capable.
The Department of Social Welfare is responsible for protecting the
rights of persons with disabilities and worked with the Gambia
Organization for the Visually Impaired and the School for the Deaf and
Blind to help educate children with disabilities and to promote
relevant skills. The department also worked with international donors
to supply wheelchairs to some persons with disabilities. Several NGOs
sought to improve awareness of the rights of persons with disabilities
and encouraged their participation in sports and other 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 man who commits in public
or private ``any act of gross indecency,'' engages a male sex worker,
or has actual sexual contact with another man; however, to date, no one
has been prosecuted. There was no similar law targeting women. There
was strong societal discrimination against LGBT individuals, some of
whom were shunned.
In a January speech to army officers, President Jammeh announced he
wanted a professional army ``free of gays and saboteurs.'' In a 2009
speech before the National Assembly, President Jammeh called homosexual
conduct ``strange behavior that even God will not tolerate.'' Despite
such statements, there were no reported incidents of physical violence
against LGBT individuals during the year. There were no LGBT
organizations in the country.
Other Societal Violence or Discrimination.--Societal discrimination
against persons infected with HIV/AIDS hindered disclosure and resulted
in rejection by partners and relatives. The government took a
multisectoral approach to fighting HIV/AIDS through its national
strategic plan, which provided for care, treatment, and support to
persons living with or affected by HIV/AIDS. The plan also included HIV
prevention programs for high-risk populations. Throughout the year the
Ministry of Health urged persons to undergo voluntary HIV/AIDS
counseling and testing.
Section 7. Worker Rights
a. Freedom of Association and the Right to Collective Bargaining.--
The law provides that workers are free to form and join independent
unions, conduct legal strikes, and bargain collectively. Military
personnel, police officers, and other civil service employees are
prohibited from forming unions or going on strike. Unions must register
to be recognized.
The government places restrictions on the right to strike by
requiring unions to give the commissioner of labor written notice 14
days before beginning an industrial action (28 days for essential
services). Police and military personnel had access to a complaints
unit, and civil servants could take their complaints to the public
service commission or the government's personnel management office. 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 law provides for reinstatement of workers fired for union
activity. The law also sets minimum contract standards for hiring,
training, and terms of employment and provides that contracts may not
prohibit union membership. No category of workers is excluded from
relevant legal protections.
Although there was minimal contentious union activity or labor
disputes, the government effectively enforced the law when necessary.
Enforcement procedures were subject to lengthy delays and appeals.
Freedom of association and the right to collective bargaining were
respected in practice. Worker organizations are independent of the
government and political parties. There were no instances of government
interference in union activities, including the targeted dissolving of
unions or the use of excessive force to end strikes or protests. There
were no cases in which registration was denied to a union that applied.
There were no incidents of violence, threats, or other abuses targeting
union leaders and members by government or employers.
Although trade unions were small and fragmented, collective
bargaining took place. 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. Union members' wages, which generally
exceeded legal minimums, were determined by collective bargaining,
arbitration, or agreements reached between unions and management. Most
collective agreements were registered with the Department of Labor and
remained valid for a period of three years before being renewed.
The government intervened to assist workers whose employers fired
them or discriminated against them. For example, the Department of
Labor and the Gambia Workers Union supported the case of a female
employee of a local company, Shyben A. Madi and Sons Limited, who took
the company to court for wrongful termination, claiming damages of 9.3
million dalasi ($325,500). The employee, Ida Suso-Fay, claimed that her
supervisor repeatedly harassed her after she became pregnant in 2010
and fired her without explanation while she was on maternity leave. The
case continued at year's end.
There were no reports of violations of collective bargaining rights
or of employers refusing to bargain, bargaining with unions not chosen
by workers, or using other hiring practices to avoid hiring workers
with bargaining rights. There were no occurrences of antiunion
discrimination.
b. Prohibition of Forced or Compulsory Labor.--The constitution and
law prohibit forced or compulsory labor, including by children, and the
government enforced these laws; however, forced labor occurred. Women
and children were subjected to trafficking, including forced labor and
prostitution.
During the year a few Koranic teachers known as ``marabouts''
forced their students known as ``Almudus'' to sell items on the
streets; however, the practice rarely occurred after police began
intervening and ordered marabouts to stop.
See also the Department of State's Trafficking in Persons Report at
http://state.gov/j/tip.
c. Prohibition of Child Labor and Minimum Age for Employment.--The
constitution prohibits economic exploitation of children under 16 years
of age, and the law prohibits exploitive labor or hazardous employment
of children under the age of 18; however, the government did not
effectively enforce the law. The Children's Act 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. The law implicitly applies only to
the formal sector.
Child labor in the informal sector was difficult to regulate.
Rising costs of school fees combined with stagnating incomes prohibited
some families from sending their children to school, contributing to
child labor. In urban areas some children worked as street vendors,
domestics, 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.
The Department of Labor is responsible for enforcing child labor
laws and conventions on the worst forms of child labor; however, the
government took no action to prevent or combat child labor during the
year. Employee labor cards, which include a person's age, were
registered with the labor commissioner, who was authorized to enforce
child labor laws. Nevertheless, enforcement inspections rarely took
place.
Also see the Department of Labor's Finding on the Worst Forms of
Child Labor at http://dol.gov/ilab/programs/ocft/tda/htm.
d. Acceptable Conditions of Work.--The minimum wage was 50 dalasi
($1.75) per day, although this only covered the 20 percent of the
workforce employed in the formal sector. The government considered the
national poverty baseline to be 38 dalasi ($1.33) per person per day.
Most workers were paid above the minimum wage. The Department of Labor
is responsible for enforcing the minimum wage. 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 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. 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. 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.
The Department of Labor effectively enforced the wage law and
workweek standards when cases were brought to its attention.
In April 2010 the National Assembly passed an amendment to the
payroll tax act that prohibits employers from hiring noncitizens in
excess of 20 percent of their workforce except in the specialized
professional category. The amendment was designed to encourage
employers to train and employ more local citizens. In October the
Department of Labor, working with the six Joint Industrial Councils,
submitted recommendations for national minimum wage levels for each of
the occupations represented by the councils, namely commerce, artisans,
transport, port operations, agriculture, and fisheries. The
recommendations were being reviewed by the Ministry of Trade, Industry,
Regional Employment and Employment at year's end.
There was no specific government action during the year to prevent
violations of workers' rights or to improve working conditions,
particularly for hazardous sectors or vulnerable groups.
In practice workers could not refuse to work in dangerous working
conditions without risking loss of employment.
During the year there were no reports of violations of wage,
overtime, or health and safety standards; no particular group of
workers was subject to hazardous or exploitative working conditions;
and there were no occurrences of workplace fatalities and accidents or
major industrial accidents in which workers were injured or killed.
__________
GHANA
executive summary
Ghana is a constitutional democracy with a strong presidency and a
unicameral, 230-seat parliament. In late 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. NDC candidate Professor John Evans Atta
Mills was inaugurated president in early 2009 for a four-year term.
There were instances in which elements of the security forces acted
independently of government authorities.
The most important human rights problems included trafficking in
persons; exploitive child labor, including forced child labor; and
harsh and life-threatening prison conditions.
Other human rights problems included use of excessive force by
police, resulting in deaths and injuries; 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, and persons with HIV/AIDS; ethnic killings
and vigilante violence; ethnic discrimination and politically motivated
violence; and societal discrimination against lesbian, gay, bisexual,
and transgender (LGBT) individuals.
The government took steps to prosecute and punish officials who
committed abuses; however, police impunity remained a problem.
Section 1. Respect for the Integrity of the Person, Including Freedom
from:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the government or its agents committed 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.
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 otherwise 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 the level of force used 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. In 2009 these organizations called for the inspector
general of police (IGP) to take action against security force members
involved in abuse. As a result, awareness-raising campaigns were
conducted and internal disciplinary actions were taken against
offending security officials in 2010 and 2011.
On June 27, investigators from police headquarters in Accra were
dispatched to the Volta Region to investigate the death of a trader at
Hohoe. Allegedly the trader died of multiple wounds inflicted by police
at the Hohoe police station after the police allegedly sexually
assaulted her and some of her relatives. Police allegedly detained the
victim and other members of her family when they questioned why the
police should collect money from a relative before granting her bail.
Reports indicated other members of the family were injured. A directive
was issued to the IGP to produce a report on the incident, but it had
not filed a report at year's end.
There were no new developments in the 2010 case of an inmate in
Koforidua Prison, Eastern Region, who died en route to the hospital.
In October 2010 police and other 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 into police culpability
continued at year's end.
Violence between soldiers and police, often due to internal
rivalries, resulted in injuries during the year.
For example, in November eight soldiers allegedly beat three
policemen and a community protection assistant of the National Youth
Employment Program while they were directing traffic in Tamale. The
incident was under investigation. The Northern Regional Police
Commander and the Airborne Force official met to discuss a plan of
action.
In June 2010 in Kumasi, soldiers from the Fourth Garrison allegedly
attacked and beat 12 police officers stationed at various duty posts
throughout the city. One officer was allegedly hit on the head with a
hammer and hospitalized. Soldiers also vandalized property at police
stations and forced officers to flee their posts. In July 2010 a
committee composed of three top-ranking military officers, three senior
police officers, and a retired appeals court judge who served as
committee chair opened an investigation, but the committee had not
filed a report at year's end.
In 2009 ``Operation Calm Life,'' a joint military and police
effort, was created to bridge the divide between military and police
throughout the country. During the year the operation was underway in
Accra.
Prison and Detention Center Conditions.--Prison conditions
generally were harsh and sometimes life threatening. Police have been
known to 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. According to the 2010
Prisons Service Annual Report (its most recent available report),
13,507 prisoners (average daily lockup) were held in prisons designed
to hold approximately one-third that number.
In 2010, 78 prisoners died in custody. The CHRAJ noted the most
common ailments (including tuberculosis, malnutrition, dysentery, HIV/
AIDS, and skin disease) 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 Ghana pesewa ($0.40), which the
CHRAJ deemed too low. Shortages of food, bedding, clean water, and
clothing for prisoners persisted.
For example, in February 2010 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 prisoners on remand and 19 convicted prisoners at the time
of the deaths.
On average there were 187 female and 115 juvenile inmates in the 42
prisons and prison camps. Juvenile detainees were not housed separately
from adults, and pretrial detainees were held with convicted prisoners.
In 2011 Amnesty International reported that access to legal aid was
inadequate, which resulted in some prisoners spending more than 10
years awaiting trial. It also stated that 123 people, including three
women, were on death row at year's end; however, no executions had been
carried out since 1993. The Constitutional Review Commission
recommended abolishing the death penalty in its final report on the
amendment of the 1992 Constitution.
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 42 prisons and prison camps. The CHRAJ and other
NGOs worked on behalf of prisoners and detainees to help alleviate
inhumane overcrowding, address the status and circumstances of
confinement of juvenile offenders, and improve pretrial detention,
bail, and recordkeeping procedures to ensure prisoners do not serve
beyond the maximum sentence for the charged offenses.
The government permits independent monitoring of prison conditions
by local and international human rights groups, including the
International Committee of the Red Cross; however, no such visits were
conducted during the year.
During the year 1,150 inmates were discharged under the ``Justice
for All'' program, which was begun in 2008 to ease prison overcrowding
and to accelerate judicial processes; another 727 inmates were released
on bail.
d. Arbitrary Arrest or Detention.--The constitution and law provide
for protection against arbitrary arrest and detention; however, the
government did not always observe these prohibitions.
Role of the Police and Security Apparatus.--The police, under the
Ministry of Interior, were responsible for maintaining law and order.
However, the military continued to participate in law enforcement
activities. A separate entity, the Bureau of National Investigations
(BNI), 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 due to lack of office space,
vehicles, and other equipment outside the capital. In May 2010 the
police unveiled a five-year strategic plan to increase police
personnel, housing, vehicles, equipment, and 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 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. Low salaries, which were sometimes not paid on time,
contributed to police corruption. In July 2010 the government
implemented the Single Spine Salary Structure, which increased the
salaries of all police officers, partly in an effort to reduce
corruption.
The Police Intelligence and Professional Standards Unit (PIPS)
investigated human rights abuses and police misconduct. From January
through December, PIPS received 366 new cases; of those, 219 were
closed, and 147 remained under investigation at year's end. Among the
366 cases, 13 involved complaints of harassment, eight of extortion, 72
of misconduct, 24 of unlawful arrest and detention, 92 of
unprofessional handling of a case, 51 of unfair treatment, 51 of undue
delay of investigation, and 37 of alleged police brutality with human
rights violations.
Arrest Procedures and Treatment While in Detention.--The
constitution and law provide for protection against arbitrary arrest
and detention; however, the government frequently violated these
prohibitions. 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. Officials 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 the person understands, of the reasons for
detention and of his or her right to a lawyer at state expense if
unemployed or indigent. The government did not consistently protect
these rights, but lawyers were generally assigned promptly to
detainees. 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 2010 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 2010 Annual Report, 25 percent of the prison
population was in pretrial status. Detainees sometimes served more time
in detention awaiting trial than the maximum sentence for the crime
required.
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. As of 2010, 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 address judicial inefficiency, court delays persisted. Mediators
were trained throughout the country to implement ADR, mediation desks
were 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 go on for years.
The Chieftaincy Act gives village and other traditional chiefs the
power to mediate local matters and enforce customary tribal laws
dealing with such matters as divorce, child custody, and property
disputes; however, the authority of traditional rulers had steadily
eroded because of a commensurate increase in the power of civil
institutions, including 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. In
2009, the most recent statistics available, the unit received 345
complaints, of which 294 were resolved, and 51 were under investigation
at year's end.
Trial Procedures.--The constitution and law provide for the right
to a fair trial, and the judiciary generally enforced this right.
However, the judiciary was sometimes inefficient and subject to
influence and corruption. Defendants are presumed innocent and trials
are public. Juries are used in murder trials. Defendants have a right
to be present, to be represented by an attorney (at public expense if
necessary), and to cross-examine witnesses. Defendants have the right
also to present witnesses and evidence. Defendants and their attorneys
have access to government-held evidence relevant to their cases and
have a right to appeal. 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. They succeeded in case tracking management, and also randomly
selected judges for case assignment, which was useful in reducing
judicial corruption.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The constitution prohibits such actions, and the
government respected these prohibitions in practice.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--Status of Freedom of Speech and
Press.--The constitution and law provide for freedom of speech and
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.
Freedom of Speech.--Individuals generally could criticize the
government publicly or privately without reprisal.
Freedom of Press.--Local authorities sometimes detained, arrested,
or harassed critics of the government.
In December 2010 a journalist with Yankee Radio, a community-based
station in the Brong Ahafo Region, was detained for several hours by
police and charged with ``publishing information with the intention to
cause fear or harm to the public or to disturb the public peace.'' The
charge followed the broadcast of an interview with a Ghanaian citizen
who was said to have fled the Ivoirian crisis. The fleeing man
allegedly told the journalist that Ghanaian border police were
extorting money from some stranded Ghanaians in Cote d'Ivoire. The
journalist was released on bail and told to reappear in court in a
week. He went into hiding thereafter, and a writ for his arrest was
issued. The following week, the general manager of Yankee Radio was
allegedly assaulted by police officers, who stormed the station to
prevent the rebroadcast of the interview, which police claimed was
creating fear and panic in the country.
The BNI detained the editor of Daybreak, an Accra-based weekly
newspaper, on March 16. He was released unconditionally six hours later
and reported that he was interrogated on a wide range of issues,
including the source for a story he published on March 15 on an alleged
massive shake-up in the top levels of the military.
No action was taken against the local authorities who assaulted or
detained the journalists mentioned above.
There were more than 1,200 newspapers and magazines, approximately
203 FM radio stations, and 27 television stations registered with the
National Media Commission (10 were not yet operational). The most wide-
reaching print outlets were state-owned, while the majority of
television and radio stations had private ownership.
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.
Internet Freedom.--There were no government restrictions on access
to the Internet or reports that the government monitored e-mail or
Internet chat rooms. Individuals and groups could engage in the
peaceful expression of views via the Internet, including by e-mail. The
Internet was accessible in Accra and other large cities; there was
limited but growing access in other parts of the country.
Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.
b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The constitution and law provide for freedom of peaceful
assembly, and the government generally respected this right. The
government does not require permits for demonstrations, but police can
deny use of a particular route.
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.--See the Department of State's
International Religious Freedom Report at http://state.gov/j/drl/rls/
irf/rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution provides for freedom
of movement within the country, foreign travel, emigration, and
repatriation, and the government generally respected these rights in
practice. The government cooperated with the Office of the U.N. High
Commissioner for Refugees (UNHCR) and other humanitarian organizations
in providing protection and assistance to internally displaced persons,
refugees, returning refugees, asylum seekers, stateless persons, and
other persons of concern.
In the early part of the year, thousands of residents of Cote
d'Ivoire were forced to seek refuge in Ghana as a result of the
political instability following the country's late 2010 presidential
elections. Although the violence ended in May, many Ivoirians remained
in refugee camps in Ghana. On October 6, Cote d'Ivoire, the UNHCR, and
the government signed an agreement to ensure that officially registered
Ivoirian refugees would be able to return to Cote d'Ivoire.
On September 14, a land dispute between clans of the Bassare tribe
over land in Northern Togo resulted in 476 Togolese refugees fleeing to
Ghana. Most of them returned to their homes shortly thereafter; the
remaining refugees were placed in host communities in Tatale Zabzugu
District in the Northern Region.
The UNHCR estimated that 30,000 refugees resided in the country
during the year. This figure includes Liberian, Togolese, and Ivoirian
refugees, as well as refugees of other nationalities.
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
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 law allows rejected asylum seekers to appeal and remain in the
country until an appeal is adjudicated. There were delays in the appeal
process, however, and the minister responsible for adjudicating appeals
made no decisions on any appeals during the year. The law also accords
protection to refugees who entered the country illegally without
documentation.
The government established the Ghana Refugee Board (GRB) in 1992 to
adjudicate claims for refugee status and to ensure that refugees
received all appropriate protections. Following the 2009 presidential
election, the incoming administration appointed new board members. In
January the government named a new GRB chair.
Sexual and gender-based violence remained a problem for refugees.
In February police raided the Buduburam Refugee Camp. There were
conflicting accounts regarding both the number of casualties resulting
from the incident and the cause of the violence.
All refugees had freedom of movement within the country and were
not required to carry identification. Refugees were allowed to apply
for work permits through the same process as other foreigners. However,
work permits generally were issued only for employment in the formal
sector, whereas 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.--Recent Elections.--
Following a narrow victory in 2008 over New Patriotic Party (NPP)
candidate Nana Akufo-Addo, opposition NDC candidate John Evans Atta
Mills was inaugurated president in 2009. There were reports of voter
intimidation and election irregularities; however, observers and the
Independent Electoral Commission deemed these irregularities too
insufficient to have altered the outcome of the election. Incidents of
preelection violence occurred. In 2008 NPP and NDC supporters clashed
in Gushiegu District, Northern Region, resulting in six deaths and the
burning of houses and vehicles. During the same period, an NPP rally in
Tamale was disrupted by gunfire, forcing the party's vice presidential
candidate to flee. The incident led to attacks on NDC supporters
returning from their own rally and the destruction of houses and
vehicles. The 2010 by-elections were held with few incidents reported.
Political Parties.--Political parties operated without restriction
or outside interference. The NDC held 116 seats in the parliament, the
NPP 107, minor parties three, and independents four.
Participation of Women and Minorities.--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. Seven of 38 ministers were women. Nana Konadu Agyeman Rawlings,
wife of former president John Jerry Rawlings, sought to become the
NDC's presidential candidate for the 2012 general election but lost to
incumbent Mills at the party's 2011 convention.
There are no laws or practices that keep members of 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. The Ashanti, the largest ethnic group, made up 14.8 percent
of the 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 reflected that corruption
was a problem.
In September 2010 the Serious Fraud Office was replaced by the
Economic and Organized Crime Office (EOCO), which had expanded powers
to investigate and prosecute corruption in crimes such as money
laundering, human trafficking, and cybercrime. The EOCO hired new
employees during the year, most to be investigators. The organization
continued to grow and had more than 400 staff members at year's end.
The EOCO is the lead agency on any major corruption case.
The CHRAJ investigates human rights abuses, public corruption, and
abuse of power and is empowered to recommend punishments for violators.
The attorney general, the minister of justice, the EOCO, and the Public
Prosecutor's Office are responsible for combating corruption. The
parliamentary Public Accounts Committee is also responsible for
auditing government spending. An auditor general reviews public sector
accounts.
In the May and August 2010 hearings of the Public Accounts
Committee, numerous cases of embezzlement and misuse of funds by
government ministries were uncovered in departments, agencies, and
district assemblies. The committee ruled that failure to refund monies
or 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.
On May 13, the Accra Human Rights Court ruled that the EOCO has no
legal standing to investigate the Ghana Football Association (GFA),
since the GFA was a private entity. The court further declared that the
EOCO's seizure of documents and computers at the offices of the GFA
constituted an abuse of power and a violation of the GFA's rights.
In August the Judicial Council dismissed two circuit court
magistrates who were said to have committed acts of corruption and
abuse of office. The investigative committee concluded that the two
justices took bribes from parties in cases they presided over. Chief
Justice Georgina Wood, sworn into office in 2007 as the first woman to
serve in the position, expressed a strong desire to deal with
corruption within the justice system.
Security force members were arrested for corruption. For example,
in August six officers of the Motor Traffic and Transport Unit of the
Ghana Police Service were arrested after allegedly extorting money from
motorists at Akoti Junction on the Accra-Cape Coast road.
In September an Accra Circuit Court dismissed a narcotics case
after one kilogram of seized cocaine had allegedly been surreptitiously
replaced with sodium carbonate. The disappearance of the cocaine
prompted an investigation by the BNI and a judicial panel of inquiry.
Although finding improper behavior and procedures, the panel cleared
the Judicial Service of fault in the cocaine's disappearance. The BNI
placed blame on a deputy superintendent of police, whom it held for
questioning at year's end.
Officials were subject to financial disclosure, but their responses
were not available for public review.
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.
Government Human Rights Bodies.--The CHRAJ, which mediated and
settled cases brought by individuals against government agencies or
private companies, operated with no overt interference from the
government; however, some critics questioned its ability to
independently investigate high-level corruption. Its biggest obstacle
was a lack of adequate resources, which resulted in low salaries, poor
working conditions, and the loss of many of its staff to other
governmental and nongovernmental agencies. Salaries were often delayed
due to a chronic lack of resources and administrative issues. However,
public confidence in the CHRAJ was high, resulting in an increased
workload for its staff. In July President Mills swore in the new head
of the CHRAJ.
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 to order specific enforcement
of these prohibitions.
Women.--Rape and Domestic Violence.--The law criminalizes rape but
not marital rape. Rape was significantly underreported and remained a
serious problem. During the year the Ghana 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. As of September DOVVSU
received 157 reports of rape and reported 82 arrests and 40
prosecutions, resulting in five convictions; 126 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, shelter facilities, and other
resources to assist victims. In many cases victims were discouraged
from reporting abuse and from cooperating with prosecutors because they
were aware 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. Victims did not report domestic violence (or
rape) also because of fear of retaliation. Statistics were not
available on prosecutions of domestic violence cases during the year.
Female Genital Mutilation.--See section 6, Children.
Other Harmful Traditional Practices.--In the Northern, Upper East,
and Upper West regions, where belief in witchcraft remained strong,
rural women and men were banished to ``witch camps'' (villages in the
North populated by suspected witches, some of whom were accompanied by
their families) by their families or traditional village authorities
for suspected witchcraft. (Such camps were distinct from ``prayer
camps,'' to which persons with mental illness were sometimes sent by
their families.) Most accused witches were older women, often widows,
who were accused by fellow villagers of being the cause of
difficulties, such as illness, crop failure, or financial misfortune.
Persons suspected of witchcraft also were killed in recent years. NGOs
provided food, medical care, and other support to residents of the
camps. Government officials and the regional office of the CHRAJ
claimed the number of women in witch camps in the Northern Region
decreased slightly in recent years.
For example, in November 2010 in Tema, Greater Accra Region, a
group of individuals 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. The
accused had yet to go to trial at year's end.
The Ministry of Women and Children (MOWAC) monitored witch camps.
The CHRAJ has an office in Tamale in the Northern Region, which
supports efforts to protect the rights of those accused of being
witches and monitors three camps. In 2010, during its most recent
survey of the camps, the CHRAJ reported that they contained 175 female
and eight male residents; however, media sources reported far higher
numbers of men, women, and children in the camps.
NGOs expressed concern about the government's desire to close witch
camps. Accused witches feared they would be killed if camps were
dismantled and they were forced to return to their previous homes.
According to the CHRAJ, there was some discussion within the MOWAC
about closing witch camps and beginning a process of reunification with
family and villages as well as an educational campaign about religious
tolerance and respect for human rights. The CHRAJ intended to continue
to work with camp officials, the MOWAC, and residents about the future
of witch camps. A conference held at the end of the year, attended by
the MOWAC, the CHRAJ, DOVVSU, NGOs, and other stakeholders focused on a
process by which accused witches could reintegrate with their families.
Sexual Harassment.--There were no laws to specifically protect
women from sexual harassment; however, some sexual harassment cases
were prosecuted under the existing criminal code. Women's advocacy
groups reported that sexual harassment remained a widespread problem.
Reproductive Rights.--Couples and individuals have the right to
freely decide on the number, spacing, and timing of pregnancies.
According to the 2008 Demographic and Health Survey, the most recent
completed, 98 percent of all women surveyed were able to cite having
used 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.
Discrimination.--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 persisted to women entering nontraditional fields. 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. Female
entrepreneurs found it difficult to start or expand a business due to
poor access to credit. Although microcredit programs were available,
lack of access to credit remained a serious barrier.
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.--Birth Registration.--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.
Education: 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 continued a
program to provide uniforms to 1.3 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 1,138,000 children, which covered
incidental costs as well as meals, and a nationwide capitation grant
program that covered other school fees for all children attending
public schools. According to the Ministry of Education, girls attending
primary school during the 2010-11 school year constituted 48.6 percent
of all students; at the junior high school level, the proportion was
46.5 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 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 enrollment of girls.
Child Abuse.--The law prohibits defilement (defined as sex with a
child younger than 16 years with or without their consent), incest, and
sexual abuse of minors, but such abuses remained serious problems. As
of September DOVVSU received 446 cases of suspected child defilement
and 15 cases of attempted defilement; the true number of cases was
thought to be much higher. 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. There were
press reports during the year of teachers, coaches, and headmasters/
headmistresses being arrested for sexual harassment of female students
or dismissed for ignoring reported problems. There were also a few
reports of male teachers arrested for sexually assaulting male
students.
Child Marriage.--Forced child marriage, which was illegal, remained
a problem, and no improvements were noted during the year, according to
the CHRAJ and NGOs.
Harmful Traditional Practices.--The law prohibits FGM, but it
remained a serious problem in the Upper West Region of the country, and
to a lesser extent in the 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 perpetrated than any other type. A girl was typically excised
between four and 14 years of age. According to a 2008 study conducted
by the Ghana Statistical Service with support from UNICEF, the most
recent study available, approximately 49 percent of girls and women
under 50 years in the Upper West Region, 20 percent in the Upper East
Region, and 5 percent in the Northern Region had experienced some form
of FGM.
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.
According to a 2009 survey of girls and women between 15 and 49
years old in the 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 the
Upper East Region was highly correlated with increased education. There
were no prosecutions of practitioners during the year.
Sexual Exploitation of Children.--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 is
punishable by imprisonment for seven to 25 years. There is no
legislation specific to child pornography; however, it can be
prosecuted as an ``offense against public morals'' and is punishable by
imprisonment for a period not to exceed three years and/or a fine
ranging from 120 to 600 cedis ($80-$400) in a country where the average
annual income was estimated to be 1,950 cedis ($1,300).
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.
International Child Abductions.--The country is not a party to the
1980 Hague Convention on the Civil Aspects of International Child
Abduction.
Anti-Semitism.--The Jewish community had a few hundred members.
There were no reports of anti-Semitic acts.
Trafficking in Persons.--See the Department of State's Trafficking
in Persons Report at http://state.gov/j/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
2009. The government did not systematically or overtly discriminate
against persons with disabilities, but 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 persons
with disabilities in employment and the inaccessibility of public
buildings continued to be problems.
Persons with both mental and physical disabilities were frequently
subjected to abuse and intolerance. Unlike in previous years, there
were no reports of persons with disabilities being killed for ritual
purposes.
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
up for weeks, physically assaulted, and denied food and water. Camp
supervisors would sometimes diagnose mental illness as a ``demonic
affliction'' and prevent patients from consuming food or water, often
for seven consecutive days, to cleanse victims of their evil spirits.
Some victims were thought to be as young as six years old. Families
sent 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. In 2009 the Commonwealth Human Rights Initiative (CHRI)
released a report on prayer camps based on interviews with current and
former inmates. The report noted 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 Department of Social Welfare in the Ministry of
Employment and Social Welfare (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.--According to the criminal
code, ``unnatural carnal knowledge'' is defined as ``sexual intercourse
with a person in an unnatural manner or with an animal.'' It states
that individuals who have unnatural carnal knowledge ``of any person of
sixteen years or over with his consent'' is guilty of a misdemeanor.
There has been considerable debate over whether this legislation could
be used to prosecute consenting gay adults, and there were no reports
that it had ever been used.
The former and current commissioners of the CHRAJ spoke out against
discrimination and advocated the need to protect the human rights of
every citizen as provided for in the constitution. In November media
accounts reported British Prime Minister Cameron was considering
suspending direct aid to countries with poor records on LGBT rights. In
response President Mills commented that Ghana was committed to
upholding human rights as provided by the constitution, but he would
not initiate a change to the law.
LGBT persons faced widespread discrimination, as well as police
harassment and extortion attempts. Gay men in prison were often
subjected to sexual and other physical abuse.
In June 2010 more than 1,000 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 such
protest in the country.
In May 2010 an HIV/AIDS training workshop was held in Takoradi for
health- care workers. After the workshop, The Daily Graphic announced
that 8,000 gay persons had been ``registered'' in the Western and
Central Regions. However, experts in the field denied that there had
been any such ``registration.'' After the workshop there was
significant negative reporting in the media about homosexuality.
In a June 2010 interview with The Daily Graphic, the Western Region
minister called on the government to take steps to combat
homosexuality. He included the possibility of police raids on locales
frequented by gay men and lesbians, efforts by community leaders to
``wean young people'' away from homosexuality, and a public
condemnation by the government. However, no arrests of persons were
made in connection with his comments by year's end, and he did not
repeat his call.
It was reported that four men who worked within the community of
gay men were arrested in May 2010 in connection with an alleged sexual
assault and were later charged with sodomy. The case was first brought
to the Takoradi Circuit Court on August 24; however, it had not been
heard by year's end.
Other Societal Violence or Discrimination.--Discrimination against
persons with HIV/AIDS was a problem. Fear of being stigmatized
continued to discourage persons from being tested for HIV infection,
and those who tested positive from seeking timely care. There were no
indications that this situation improved during the year. Instances
where HIV-positive people were forced to leave their jobs or houses
were common. The government and NGOs subsidized many centers that
provided free HIV testing to citizens, although the high patient volume
and the physical layout of many clinics make it difficult for the
centers to respect confidentiality at all times.
Ritual killings occurred during the year. For example, in February
a six-year-old was killed for ritual purposes in Koforidua; three men
were arrested in connection with the case. Skin, private parts, and her
tongue were removed from her body.
In May the headless body of a 12-year-old was found in bushes in
the Bompa community of the Brong Ahafo Region, and was believed to
indicate a ritual killing. Three people, including one with the
deceased boy's head in his possession, were arrested.
In December 2010 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 ($23,750) to produce a human
head that he could use for rituals. The father was arrested 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.
For example, in January one person was killed and two others
seriously injured over a land dispute between Abiriw and Dawu
residents, in Kuapem, North District.
In March two police officers were shot in a chieftaincy riot at
Akwamufie, Akosombo District. One of the officers died from his
injuries.
In March 2010 in Tuobodom, Brong-Ahafo Region, three persons were
killed and more than 500 displaced as a result of fighting between
ethnic factions after the kidnapping of a rival chief. Eight persons
were arrested in connection with the incident. An investigation by the
police Criminal Investigations Division continued at year's end.
In September residents of Agogo in the Ashanti Region organized a
protest march to bring attention to alleged criminal activity by Fulani
herdsmen such as the destruction of crops, rape, and highway robberies.
By November, 12 people allegedly had been murdered within 18 months by
Fulani herdsmen in various parts of the Eastern Region. In addition
police recorded many rape and defilement incidents victimizing women
and children perpetrated by Fulani herdsmen. On December 7, 13 Fulanis,
including one woman and two children, were killed during a shooting
incident in Zamashegu, Northern District. The parliament formed a
committee to investigate allegations of criminal activities by herdsmen
believed to be of Fulani descent.
Mob violence during the year resulted in injuries and property
damage. For example, in September 2010 in Tema, Greater Accra Region,
approximately 200 fishermen and fishmongers attacked construction
workers attempting to clear land 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 personnel were called in to restore order, and 32 persons were
arrested, of whom 28 were granted bail. An investigation continued.
Section 7. Worker Rights
a. Freedom of Association and the Right to Collective Bargaining.--
The law allows workers, except for the armed forces, police, the prison
service, and some other security and intelligence agency personnel, to
form and join unions of their choice without previous authorization or
excessive requirements. The law requires that trade unions or
employers' organizations must register, be authorized by the chief
labor officer, and obtain a certificate of registration.
The law recognizes the right to strike but restricts that right for
workers who provide ``essential services.'' The minister of employment
and social welfare designated a list of essential services, which
included many sectors falling outside the International Labor
Organization's (ILO) essential services definition. The list included
services carried out by utility companies (water, electricity, etc.),
ports and harbors, medical centers, and the Bank of Ghana. In these
sectors, the parties to any labor disputes are required to resolve
their differences within 72 hours; the deadline was meant to put
pressure on employers and employees to operate efficiently with limited
interruptions. The right to strike can also be restricted for workers
in private enterprises whose services were deemed essential to the
survival of the enterprise by a union and an employer. A union may call
a legal strike only 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. In addition the Emergency Powers Act of
1994 grants authorities power to suspend any law and prohibit public
meetings and processions, but it was unclear if the law applies to
labor disputes.
The law provides a framework for collective bargaining. However,
only unions that represented the majority of workers in a given company
can obtain a Collective Bargaining Certificate, which is required to
engage in collective bargaining. The armed forces, police, prison
service, security and intelligence personnel, and workers with
policymaking and managerial functions do not have the right to bargain
collectively.
The law allows unions to conduct their activities without
interference and provides reinstatement for workers dismissed under any
unfair pretenses. The labor law also prohibits antiunion discrimination
by employers and provides for reinstatement for workers fired for union
activity. The Labor Act protects trade union members and their officers
against discrimination if they organize within the free zones.
The government generally protected the right to form and join
independent unions and conduct legal strikes and bargain collectively,
and workers exercised these rights in practice. Worker organizations
were independent of the government and political parties, and there
were no instances of government interference in union activities during
the year. There were no reports on violence, threats, or other abuses
targeting union leaders and members by government or employers. While
there were no instances of employers who refused to bargain, bargained
with unions not chosen by workers, or hired workers without bargaining
rights, some instances of employer interference in union activities
were subtle. Since many unions also did not fully understand the labor
laws, they normally did not follow approved processes for dealing with
disputes. Due to lack of awareness about the National Labor
Commission's (NLC) role, the NLC faced challenges in enforcing the
necessary sanctions against both the unions and employers.
In October 2010 the Food and Allied Workers Union (FAWU) filed a
case against a local beverage company over union recognition. The
beverage company filed several cases against the Ghana Federation of
Labor and FAWU to delay the recognition of its workers union. At year's
end the substantive case was still pending in court, while a contempt
action brought against the beverage company's management by the Labor
Department was discontinued.
Trade unions engaged in collective bargaining for wages and
benefits with both private and state-owned enterprises without
government interference. No union had ever gone through the complete
dispute resolution process involving arbitration, and there were
numerous unsanctioned strikes during the year. Some employers continued
to fire employees for union activity.
b. Prohibition of Forced or Compulsory Labor.--The law prohibits
most forms of forced or compulsory labor. Provisions of various laws
prescribe imprisonment and an obligation to perform prison labor as
punishment for violations. 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).
During the year children were forced to work (see section 7.c.).
Some victims were forced to work on boats as children and were
sometimes unable to leave their employers and continued to work without
pay as adults.
The government did not commit sufficient resources to enforce
legislation prohibiting forced labor. No fines were levied during the
year, and no legal cases were brought that resulted in imprisonment.
During the year the ILO continued to urge the government to revise
various legal provisions that permit imprisonment with an obligation to
perform labor.
Also see the Department of State's Trafficking in Persons Report at
http://state.gov/j/tip.
c. Prohibition of Child Labor and Minimum Age for Employment.--The
law sets the minimum employment age at 15 years, or 13 years for light
work that was not likely to be harmful to the child and does not affect
the child's attendance at or capacity to benefit from school. The law
prohibits night work and certain types of hazardous labor for those
under 18 and provides for fines and imprisonment for violators. The law
allows for children age 15 and above to have an apprenticeship under
which craftsmen and employers have the obligation to provide a safe and
healthy work environment along with training and tools. On June 6,
Ghana ratified ILO Convention 138 on the Minimum Age for Admission to
Employment.
Child labor laws were not 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.
Inspectors from the MESW were responsible for enforcement of child
labor regulations, and district labor officers and the social services
subcommittees of district assemblies were charged with seeing that the
relevant provisions of the law were observed by annually visiting
workplaces and making spot checks whenever they received allegations of
violations. Inspectors were required to provide employers with
information about child labor violations and effective means to comply
with provisions of the law. However, the government did not provide
sufficient resources to law enforcement and judicial authorities to
carry out these efforts.
The ILO, government representatives, the Trade Union Congress,
media, international organizations, and NGOs continued to build upon
the national action plan by increasing institutional capacity to combat
child labor. In October 2010 the MESW relaunched the National Steering
Community on Child Labor, consisting of more than 40 representatives
from government, the ILO, labor unions, and development partners. In
November 2010 the MESW unveiled an integrated child labor monitoring
system; as of July the database and manual for the Ghana Child Labor
Monitoring System had been completed and training had begun. Education
and sensitization workshops were conducted with police, labor
inspectors, local governments, and communities.
In September 2010 the minister of employment and social welfare
signed an agreement with representatives of the government of Cote
d'Ivoire, another government, and the cocoa industry to reaffirm and
further extend implementation of a protocol requiring the participating
governments to prohibit the worst forms of child labor and take
immediate action towards eliminating it.
On June 13, to commemorate World Day Against Child Labor, the
government launched the 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 industry. Through these partnerships, the
government had created several community projects, which promoted
sensitization, monitoring, and livelihood improvement.
According to government labor officials, ILO, and the Ghana
Employers Association, child labor problems were infrequent in the
formal labor sector. During the year several ministries conducted
seminars on child labor to educate the media, police, civil servants,
and the general public. However, local custom and poverty encouraged
children to work to help support their families and eroded societal
observance of child labor laws, particularly in the informal sector,
where child labor remained a serious problem.
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. In the fishing industry in the Lake Volta
region 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.
Children were also forced to work, and in some cases parents
reportedly sold, leased, or gave away their children 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
indications of compulsory labor affecting both children and adults in
the fishing sector and in illegal mining. Victims were forced to work
on boats as children and were sometimes unable to leave their employers
and continued to work without pay as adults. In the illegal mining
industry (consisting of independent, artisanal miners known as
galamseys, whose operations sometimes conflict with larger,
concessionary miners), NGOs cited debt bondage as a problem. 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 parental consent. The media
regularly published stories about children being used in involuntary
servitude, particularly as street hawkers and porters.
Child laborers were often poorly paid and physically abused; they
received little or no health care and generally did not attend school.
Also see the Department of Labor's Findings on the Worst Forms of
Child Labor at http://dol.gov/ilab/programs/ocft/tda.htm.
d. Acceptable Conditions of Work.--A National Tripartite Committee
composed of representatives of the government, labor, and employers set
a daily minimum wage, which was 3.73 cedis ($2.49) during the year.
There was no official minimum wage for the growing informal labor
force. 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 of leave with full pay in a calendar year
of continuous service or after having worked at least 200 days in a
particular year. However, such provisions do not apply to task workers
or domestic workers in private homes, nor elsewhere in the informal
sector. The law does not prescribe overtime rates and does not prohibit
excessive compulsory overtime.
Occupational safety and health (OSH) regulations are set by the
government. The Factories Department within the MESW was responsible
for imposing sanctions on violators of the OSH standards. Employers who
failed to comply were liable to a fine not exceeding 1,000 penalty
units, imprisonment for a term not exceeding three years, or both. The
law requires that employers report occupational accidents and diseases
no later than seven days from the date of occurrence. Only workers in
the formal sector, which employed less than 20 percent of the labor
force, are covered by this legislation.
The MESW was unable to effectively enforce the wage law. There was
widespread violation of the minimum wage law in the formal economy
across all sectors. The minimum wage law was not enforced in the
informal sector. Legislation governing working hours was largely
followed in the formal sector but widely flouted and not enforced in
the informal sector.
Safety inspectors were few and poorly trained, and they lacked the
resources to effectively respond to violations. Inspectors did not
impose sanctions or otherwise respond to violations during the year.
Specific information regarding the number of labor inspectors and
adequacy of penalties was not available. There were no reports of
specific government action taken during the year to prevent violations
and improve wages and working conditions.
A 2008 CHRAJ report found evidence of widespread violations of
human rights in mining areas. The report documented abuses by the
security services in mining areas, particularly among galamseys.
__________
GUINEA
executive summary
Guinea is a republic. In December 2010 Alpha Conde, the candidate
of the Rally of the Guinean People (RPG) Party and longtime opposition
leader, was inaugurated as the country's first democratically elected
president since independence from France in 1958. Conde defeated Cellou
Dalein Diallo of the Union of Democratic Forces of Guinea (UFDG). While
the elections generally were 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
former interim president General Sekouba Konate, the defense minister
in the military junta that seized control of the country in 2008. There
were instances in which elements of the security forces acted
independently of civilian control, most notably on July 19, when
soldiers and high-ranking officers attacked President Conde's home.
Using gunfire and rocket-propelled grenades, soldiers loyal to the
former military junta attacked the private residence of President Conde
on July 19. Conde escaped unhurt, but three members of his presidential
guard were killed. By the following day, 37 soldiers--including former
army chief Nouhou Thiam, two colonels, and former members of Konate's
presidential guard--had been arrested. By year's end 50 persons had
been arrested and charged in the attack.
The most serious human rights problems in the country included
security force abuse, including the use of torture; the government's
failure to punish the perpetrators of such abuse; and violence and
discrimination against women and girls, including female genital
mutilation (FGM).
The use of excessive force by security forces to quell
demonstrations resulted in deaths and injuries. Interreligious conflict
and vigilante violence also resulted in deaths. Security forces
harassed opposition members and journalists. Prison conditions were
life-threatening, and prison guards tortured, beat, raped, and
otherwise abused prisoners and detainees. Arbitrary arrest, prolonged
pretrial detention, incommunicado detention, and lack of judicial
independence were problems. The government seized private property
without compensation. The government restricted freedom of speech,
press, assembly, and movement. Corruption remained widespread
throughout all branches of government. The government harassed and
arrested human rights workers. Trafficking in persons, ethnic
discrimination, child labor, and forced labor, including by children,
occurred.
The government did not take steps to prosecute or punish officials
who committed abuses, and impunity was a problem.
Section 1. Respect for the Integrity of the Person, Including Freedom
from:
a. Arbitrary or Unlawful Deprivation of Life.--There were several
unconfirmed reports that the government or its agents committed
arbitrary or unlawful killings.
For example, on April 3, security forces used tear gas, batons, and
sometimes live ammunition to disperse thousands of demonstrators who
had gathered to welcome home UFDG party leader Cellou Dalein Diallo,
who had been traveling abroad for three months. One demonstrator was
killed, and 27 were injured. Approximately 60 UFDG members were
arrested and charged with taking part in an illegal demonstration; all
but 27 were released the following week. By year's end, all detainees
had been released.
On September 27, three demonstrators were killed during clashes
with police at a banned opposition rally in Conakry. The rally occurred
on the eve of the second anniversary of the 2009 security force
massacre of 150 prodemocracy demonstrators in Conakry's main soccer
stadium. There were unconfirmed reports that police stopped
demonstrators on their way to the rally by using live fire as well as
tear gas and batons. One of the three victims who died was stabbed by a
member of the security forces, according to an unconfirmed report. More
than 300 persons, including bystanders, were arrested after protests
ended later in the day. Many of those arrested were held without charge
for several days beyond the legal limit of 48 hours; all had been
released by year's end. Security forces reportedly searched homes
without warrants and looted houses in their search for demonstrators
from the evening of September 27-28. A government investigation into
the incident absolved security forces of any responsibility in the
killings of three demonstrators. The government charged that the
demonstrators or other unnamed parties had perpetrated the killings.
The investigation into the 2009 stadium massacre begun by the
transition government did not lead to any arrests during the year. 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 had been exhumed by year's end.
There was little progress in the investigation into the killings of
civilians and military personnel following the attempted assassination
in 2009 of former junta leader Dadis Camara. Although at least three
low-ranking members of the military were charged in connection with the
killings, the government appointed two men implicated in the massacres
to high-level positions during the year. The killings resulted from a
military crackdown during its search for the ringleader of the plot.
Eyewitnesses told journalists that persons were shot in the streets as
they fled from patrols.
b. Disappearance.--There were no reports of politically motivated
disappearances.
The government took no action to investigate the disappearance of
dozens of prodemocracy demonstrators following the 2009 stadium
massacre in Conakry. In 2010 victims' families formed groups to demand
the government investigate the disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--Although the constitution and law prohibit such practices,
government officials continued to employ them with impunity. Security
forces used violence to quell demonstrations, resulting in deaths and
injuries (see section 1.a.). Prison guards tortured, beat, raped, and
otherwise abused citizens and detainees, including children. The
government seldom took action against alleged torturers.
During the year security forces tortured four youths suspected of
stealing, according to the French human rights nongovernmental
organization (NGO) Action by Christians for the Abolition of Torture.
The youths allegedly were beaten and threatened with death.
There were no developments in the arrest of 22 military and police
personnel for use of excessive force, looting, and inciting violence
during street clashes after election results were announced in November
2010.
No action was taken against security forces at the military prison
on Kassa Island who used torture, possibly including castration, on
inmates. Approximately 100 military personnel were reportedly detained
in inhumane conditions in the prison following the 2009 stadium attack.
In January 2010 interim president Konate closed the Kassa Island
facility.
Prison and Detention Center Conditions.--Conditions in civilian
prisons, which were under the Ministry of Justice, remained harsh and
life-threatening. Poor sanitation, malnutrition, disease, and lack of
medical attention resulted in dozens of deaths. Prison guards routinely
threatened, beat, and sometimes tortured prisoners to extract
confessions or to extort money, although there were fewer such reports
than in previous years. All prisons were overcrowded. Conakry Prison,
for example, held 1,280 prisoners at year's end, although it was built
to house 300.
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 exploited and harassed girls under the age of
18 by demanding sexual favors in exchange for 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. Many prisons were former warehouses with little
ventilation. Temperatures were stifling, and electricity was
insufficient. Although some prisons replaced tin roof panels with
transparent ones, most prisons were dark.
NGOs reported endemic malnutrition throughout the prison system,
which did not provide food or medicine to inmates. Prison directors
relied on charities, the International Committee of the Red Cross
(ICRC), and other NGOs to provide food for inmates. Most prisoners
reported eating one small meal a day consisting primarily of rice and
sauce, although some prisoners reportedly received two daily meals.
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 prisoners' food.
Inmates were not tested for HIV/AIDS upon entry into the prisons,
and no statistics on HIV/AIDS infection rates were kept. 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 the Ministry of Justice administered civilian prisons,
military officers and guards--along with untrained and unpaid
volunteers who hoped for permanent entry into the military--managed and
staffed the facilities. 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 and providing better conditions to prisoners who were able
to pay. 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.
NGOs estimated that 4,000 prisoners (including between 50 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 of 130 minors incarcerated at Conakry Prison,
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 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.
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 government denied access to
prison advocacy groups and international organizations.
Gendarmerie detention facilities commonly were used to hold
civilian detainees while they were being processed for transfer to
civilian facilities. Such temporary detention could last anywhere from
a few days to several months. Like prisons, gendarmerie facilities were
dank and fetid, although some facilities--such as those housing persons
suspected of involvement in the attempted assassination of President
Conde--were better constructed and had light and ventilation. The
government allowed international organizations and NGOs access to
prisons run by the gendarmerie.
Prisoners and detainees were not permitted reasonable access to
visitors or granted religious observance. 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, and the government did not investigate or monitor prison or
detention center conditions.
The country had 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 were not held beyond their
maximum sentences. Nevertheless, 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. While prison conditions remained
grim, such interventions resulted in some improvement, such as the
provision of reed mats for sleeping and the distribution of meat during
holidays.
The 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 and continued partnership programs with prison and security
authorities to improve civilian prison conditions.
d. Arbitrary Arrest or Detention.--The constitution and law
prohibit such practices, but government officials did not generally
observe these prohibitions. Security forces arrested demonstrators
without warrants and held detainees without charge for several days
beyond the 48 hour-limit mandated by law.
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 2010 to ensure security during the
elections and was under the Ministry of Security. Following elections,
most FOSSEPEL members returned to their police or gendarme units. The
law permits the military, FOSSEPEL, the gendarmerie, and police forces
to make arrests, although only the gendarmerie can arrest members of
the military and police forces.
Security forces were poorly paid, inadequately equipped, and
ineffective. Corruption was widespread (see section 4). Administrative
controls over the police were ineffective, and security forces rarely
followed the penal code. Many citizens viewed the security forces as
corrupt, ineffective, and dangerous. There were no internal or external
mechanisms to investigate security force abuse.
There were instances in which security forces failed to prevent or
respond to societal violence. For example, on May 2, interreligious
conflict erupted in the village of Galakpaye after local animists from
the Forestier ethnic group attempted to exorcise members of a Muslim
Malinke family. Subsequent clashes led to 25 deaths. Local security
forces were overwhelmed and unable to restore order until the afternoon
of May 3, when security forces from a nearby city arrived.
Arrest Procedures and Treatment While in Detention.--Although the
law requires a warrant to make an arrest, many detainees were arrested
without warrants. The law also provides that detainees be charged
before a magistrate within 48 hours, renewable once if authorized by a
judge, but many detainees were held for longer periods. In cases
involving national security, the law allows the length of time to be
doubled to 96 hours, renewable once, a provision that also was not
respected in practice.
Of the 37 people detained after the attack on the president's
private residence on July 19, at least nine were not brought before a
judge and charged with attempted assassination until two weeks later.
The law precludes the arrest of persons in their homes between 9:00
p.m. and 6:00 a.m., but 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
entitling defendants to an attorney. 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 only allowed if an official was present.
Arbitrary Arrest.--Security forces arbitrarily arrested hundreds of
demonstrators during the year. Many took place without warrants and in
violation of other due process protections provided in the law (see
section 1.a.).
The government also arrested human rights workers (see section 5).
Pretrial Detention.--According to 2008 statistics, approximately 67
percent of prisoners were in pretrial detention. Reliable statistics
were unavailable, but pretrial detainees were often held three years or
more before sentencing or release. Judicial inefficiency, corruption,
and lack of political will contributed to the long delays.
Amnesty.--On August 15, the government pardoned 37 UFDG supporters
who were arrested during an April 3 rally for UFDG party leader Diallo
(see section 1.a.).
e. Denial of Fair Public Trial.--Although the constitution and law
provide for an independent judiciary, 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, as did nepotism and ethnic bias. Although
regularly scheduled criminal trials have not been held in almost six
years, specially funded criminal trials for high-profile defendants
were held sporadically. The government largely ignored the judiciary.
Local government officials interfered with court processes (see section
5).
A military tribunal prepares and adjudicates charges against
accused military personnel, to whom the penal code does not apply,
although criminal procedures for military personnel provide the same
rights as those for civilians. 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 testimony and other 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 (but only for major
crimes), and the right to appeal a judicial decision, although these
rights were not consistently observed in practice. Although the
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.
Trial procedures were chaotic and inadequate for the hundreds
arrested for participating in an illegal demonstration on September 27
and 28. There were not enough interpreters, and many of the suspects
did not understand the charges read against them in French.
Political Prisoners and Detainees.--The government denied the
existence of political prisoners or detainees during the year; however,
observers charged that the government held numerous such persons,
including opposition members.
Military officers Colonel David Sylla, Colonel Sekou Fadiga, and
Captain Issa Camara--who Human Rights Watch considers political
prisoners--remained in Conakry Prison without charge for alleged
involvement in the July 19 attack on the president's home. It was
unclear whether civilian Souape Kourouma, who was arrested with the
military officers, also remained in prison. According to witnesses who
saw the men in detention, none had been granted access to a lawyer or
brought before a judge, and Kourouma claimed to have been beaten.
Civil Judicial Procedures and Remedies.--The law provides for a
judicial procedure in civil matters, including lawsuits seeking damages
for human rights violations. Nevertheless, the judicial process 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 part due to public fear of suing security force members and lack of
confidence in the competence and impartiality of the judiciary. In
practice domestic court orders were often not enforced.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--Although the constitution and law provide for the
inviolability of the home and legal searches require judicial search
warrants, police reportedly ignored legal procedures in the pursuit of
criminal suspects or when it served their personal interests.
Security forces reportedly searched homes without warrants and
looted houses during their search for demonstrators from the evening of
September 27-28 (see section 1. a.).
There were reports that security forces arrested family members of
detainees or persons they sought to detain. Some of those charged with
participation in the July 19 assassination attempt on the president
alleged that members of the military harassed their family members
during the year.
On July 14 and 15, several NGOs reported that the government
unlawfully seized many acres of rural property in the village of Saoro,
Forest Region, for a plantation. The government did not provide
compensation.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--Status of Freedom of Speech and
Press.--Although the constitution and law provide for freedom of speech
and of the press, the government restricted the press during the year.
Some journalists practiced self censorship.
Freedom of Speech.--Individuals were generally free to criticize
the government publicly and privately without reprisal.
Freedom of Press.--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.
There were 13 private newspapers that generally published weekly in
Conakry, and approximately 100 other publications that 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
regularly criticized the government, were available both in print and
electronic format.
On June 10, the National Communications Council (CNC) imposed a
two-month suspension on Le Defi, a private newspaper critical of the
government. Le Defi had published an article that criticized
controversial public remarks by the country's ombudsman, General
Facinet Toure, about the Peuhl ethnic group. Toure, a presidential
appointee who took office pledging to advance national reconciliation,
was quoted as saying that political power should be kept away from the
Peuhl because they controlled the economy of the country.
The On July 11, the CNC suspended opposition newspaper Les
Nouvelles du Pays for violating the ``code of ethics of journalism.''
In May the newspaper released a sensationalist article on the
intrusion, allegedly by military personnel, into the home of a
prominent opposition party leader. The government denied any
involvement and claimed that the home invasion was perpetrated by
criminals dressed as soldiers.
Radio remained the most important source of information for the
public, and numerous private stations broadcast throughout the country.
During the year the Agency for the Regulation of Telecommunications
(ART) briefly closed three major radio stations for failure to pay
their taxes--in 2010 the former transition government increased taxes
tenfold for community radio stations. Attempts by the prime minister to
mediate between the radio stations and the ART were inconclusive at
year's end. A deadline for payment was set for December 23, but no
action had been taken against radio stations refusing to pay by year's
end.
Violence and Harassment.--There were reports of direct physical
attacks, harassment, and intimidation of journalists by government and
military officials.
For example, on April 3, journalists from radio stations
Renaissance FM and Sabari FM were injured when security forces
violently dispersed a rally welcoming opposition leader Diallo to
Conakry (see section 1.a.).
On May 18, three journalists working for state television RTG were
fired. The journalists alleged that they were fired for reporting on
the fragile health of the president after a political visit to Turkey.
On May 30, three gendarmes in civilian dress refused to leave the
offices of The Independent newspaper. The director, Mamadou Dian Balde,
barricaded himself in his office. Human rights activists demanded that
the gendarmes produce a warrant. Gendarmes and police were subsequently
dispatched to free the newspaper director. The perpetrators, who later
left the premises, explained that they were sent by a local gendarme
colonel regarding a critical story on an increase in soldier salaries.
No investigation had been conducted into the incident by year's end.
Censorship or Content Restrictions.--The government generally did
not impose censorship or content restrictions. Nevertheless, on July
25, the CNC banned all reporting on the July 19 assassination attempt
on the president. Local media largely derided and ignored the ban,
which was lifted on August 1 following local and international
criticism.
Libel.--Libel against the head of state, slander, and false
reporting are subject to heavy fines.
Internet Freedom.--There were no government restrictions on access
to the Internet or credible reports that the government monitored e-
mail or Internet chat rooms. Individuals and groups could engage in the
expression of views via the Internet, including e-mail.
Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.
b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The constitution provides for freedom of assembly and
association, but both were restricted in law and practice. The law bans
any meeting that has an ethnic or racial character or any gathering
``whose nature threatens national unity.'' The government requires 72-
working-hour advance notification for public gatherings. The law
permits local authorities to prohibit 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 occur.
The government sought to ban and later disperse an April 3 rally to
welcome opposition party leader Diallo and a September 27 rally to
protest the government's decision to move ahead on election planning
without opposition input or consent. The government's use of excessive
force at both events resulted in several deaths and dozens of injuries
(see section 1.a.).
On November 9, in anticipation of a planned march by local lawyers
to protest the illegal detention of two human rights activists (see
section 5), the minister of territorial affairs and decentralization
declared that all public rallies were outlawed. The order was rescinded
the following day after local and international criticism. The ministry
subsequently maintained that the declaration was to remind
organizations to continue to follow procedures in applying for
permission to hold rallies. The rally of the lawyers proceeded without
interference.
On December 3, however, security forces prevented supporters of
former prime minister Lansana Kouyate from holding street rallies in
the city of Kankan.
Freedom of Association.--The constitution and law provide for
freedom of association, and 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.--See the International Religious Freedom
Report at http://state.gov/j/drl/irf/rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution and law provide for
freedom of movement, foreign travel, emigration, and repatriation, and
the government generally respected these rights in practice. The
government cooperated with the Office of the U.N. High Commissioner for
Refugees (UNHCR) and other humanitarian organizations in providing
protection and assistance to refugees and asylum seekers.
In-country Movement.--The government required all citizens over 18
to carry national identification cards, which they must present on
demand at security checkpoints.
Although the government eliminated all roadblocks in the country in
January, it reinstalled those roadblocks after the July 19 attack on
the president's private residence and kept them in place for the rest
of the year. Police and security forces continued to detain persons at
roadblocks to extort money, impeding the free movement of travelers and
threatening their safety.
Internally Displaced Persons (IDPs).--Government property seizures
in July resulted in the displacement of persons; although the number of
persons displaced was unknown (see section 1.e.). NGOs charged that the
seizures were unlawful.
All of the estimated 2,800 persons displaced in 2010 as a result of
election-related violence or fear of such violence had returned to
their homes by year's end.
Protection of Refugees.--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 the total
refugee population at 16,200, most of whom were Liberians.
Access to asylum.--The country's laws provide for the granting of
asylum or refugee status, and the government has established a system
for providing protection to refugees.
Durable Solutions.--The government, in coordination with the UNHCR,
continued to assist 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 per family in the Forest
Region near N'Zerekore, as well as a written letter of introduction
from the national government soliciting local businesses to hire
integrated former refugees. Many refugees viewed the assistance as
inadequate.
With the assistance of the UNHCR, the government 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.
Temporary Protection.--During the year the government continued to
provide temporary protection to approximately 66 individuals of various
African nationalities who may not qualify as refugees under the 1951
Convention relating to the Status of Refugees or its 1967 Protocol.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution and law provide citizens the right to change their
government peacefully, and citizens partially exercised this right in
2010 in two rounds of presidential elections, from which UFDG candidate
Alpha Conde emerged as the victor. Irregularities, political and ethnic
violence, and incidents of excessive force by security forces
responding to the violence marred the election's credibility.
Elections and Political Participation.--Recent Elections.--In June
2010 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. The
second round of presidential elections, originally scheduled for
September 2010, was repeatedly postponed until November 2010 due to a
dispute over alleged bias in the Independent National Electoral
Commission (CENI) leadership and inadequate preparation for the
elections. Widespread violence occurred in the months leading up to the
November 2010 election and for several weeks afterward. The violence
was largely drawn along ethnic lines between Diallo's Peuhl supporters
and Conde's supporters--mostly Malinke, Soussou, and Forestier
residents of the Forest Region. Numerous deaths, injuries, and the
displacement of thousands of ethnic Peuhl resulted from beatings,
shootings, and the vandalizing of homes by mobs. While security forces
sought to quell the violence, there were some reports that FOSSEPEL
officers--who generally supported the RPG-targeted individuals on the
basis of their ethnicity.
Before election results were announced, Diallo declared that he
would not accept the outcome of the vote due to interethnic clashes
that left some of his supporters unable to vote. CENI subsequently
announced the provisional results of the election, which gave Alpha
Conde the victory with 52.52 percent of the vote. Despite the violence,
international observers characterized the election as generally free
and fair. Diallo challenged the results in the Supreme Court, and two
days of violence between UFDG and RPG supporters ensued. In early
December 2010 the Supreme Court validated the election results.
Despite the constitutional provision that legislative elections be
held no longer than 14 days after presidential elections, they still
had not been held by year's end. Legislative elections scheduled for
December 29 were postponed until 2012.
Political Parties.--There were no government restrictions on
political party formation beyond registration requirements. According
to the Ministry of Territorial Affairs and Decentralization, there were
140 registered political parties.
On February 12, the minister of youth threatened members of the
civil service with lay-offs if they supported opposition candidates
during the legislative elections. Two days later he retracted his
remarks.
Opposition parties questioned the legitimacy of the planned
legislative elections, noting that the government was proceeding with
unilateral preparations that lacked transparency. Opposition access to
state media was limited or nonexistent throughout the year, although
private media criticized the government's election preparations without
restriction. These concerns led to the opposition call for nationwide
street protests on September 27 and 28 (see section 1.a.).
Participation of Women and Minorities.--There were 36 women in the
155-seat CNT, including the CNT president. Six of 38 cabinet ministers
were women, and there were two female justices out of 14 on the Supreme
Court. Minority ethnic groups were represented in CENI, the CNT, and
the cabinet.
Section 4. Official Corruption and Government Transparency
Although the law provides criminal penalties for official
corruption, the government did not implement the law effectively, and
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 required bribes in exchange for favorable rulings.
During the year no high-profile corruption cases were prosecuted.
Public officials were not subject to public disclosure laws.
There is no law providing free access to government information.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A variety of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. Government officials
were somewhat cooperative and responsive to their views.
The government met with domestic NGO monitors but seldom responded
to their inquiries, reports, or recommendations.
The government harassed human rights workers during the year. On
November 27, security forces arrested and detained Frederic Loua and
Amadou Diallo, both lawyers and members of the local NGO and lawyers'
association Meme Droit Pour Tous (Equal Rights for All). Loua and
Diallo were held for questioning in connection with their successful
efforts to obtain the release of two suspects who had been in detention
for seven years without trial. Although the release of the two suspects
had been ordered by the court, the governor of Conakry returned the two
suspects to their cells and ordered the arrest of Loua and Diallo, who
were released later the same day. The two suspects remained in prison
at year's end. The Bar Association subsequently took the governor to
court for preventing the police from releasing the two suspects, as
ordered by the court. The case was ongoing at year's end.
U.N. and Other International Bodies.--The government generally
cooperated with international governmental organizations and permitted
visits by U.N. representatives. Authorities permitted and facilitated
visits during the year by members of the International Criminal Court,
who were investigating human rights abuses committed by government
officials in 2009. The government also cooperated with the Office of
the High Commissioner for Human Rights in Conakry.
Government Human Rights Bodies.--On March 19, the president
nominated by decree a chairman for the Independent Human Rights
Commission, a constitutionally mandated body that is responsible for
the promotion and protection of human rights. Nevertheless, by year's
end parliament had passed no legislation on the duties or function of
the commission, which had no funding, office, or staff.
On August 15, President Conde appointed a Provisional Commission
for National Reconciliation. Led by the first imam of Guinea and the
Catholic archbishop of Conakry, the commission organized a prayer rally
to commemorate the 2009 stadium massacre and met with local religious
leaders throughout the country to enlist their support in national
reconciliation discussions. The commission characterized its work as
promoting reconciliation through frank discussions with victims of
human rights violations committed since independence, with the goal of
establishing a national reconciliation commission.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
Although the law states that all persons are equal before the law
regardless of gender, race, ethnicity, language, beliefs, political
opinions, philosophy, or creed, the government did not enforce these
provisions uniformly.
Women.--Rape and Domestic Violence.--Rape, which was common, 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. The law does not directly
address wife beating, although charges can be filed under general
assault, which carries sentences of two to five years in prison and
fines of 50,000 to 300,000 Guinea francs ($11 to $66). Assault
constitutes grounds for divorce under civil law, but police rarely
intervened in domestic disputes, and there were no reports of
perpetrators being punished. Local NGOs assisted some victims of
domestic violence.
Female Genital Mutilation (FGM).--(see section 6, Children).
Sexual Harassment.--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.
Reproductive Rights.--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. Healthcare for
pregnant women was free and included access to skilled attendance
during childbirth, prenatal care, and essential obstetric care and
postpartum care. Women generally had equal access to diagnoses and
treatment for sexually transmitted infections. Nevertheless, cultural
norms and taboos reportedly dissuaded individuals from taking advantage
of opportunities to learn about reproductive health or seek health
services for sexually transmitted infections.
Discrimination.--The law generally provides for equal treatment of
men and women, although it discriminates against women in inheritance
matters. Traditional law discriminates against women and sometimes took
precedence over formal law, particularly in rural areas. The Ministry
of Social Affairs and Women's and Children's Issues worked to advance
legal equality for women, who faced discrimination throughout society
but particularly in rural areas, where opportunities were very 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 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 2007-11 action plan on women's empowerment.
Children.--Birth Registration.--Citizenship can be derived by
birth, marriage, naturalization, or parental heritage. The government
struggled to register births and issue birth certificates to avoid
leaving a significant number of children without official documentation
and thereby denying them access to school and health care.
Education.--Government policy provides for tuition-free, compulsory
primary school education for six years. While girls and boys had equal
access to all levels of primary and secondary education, social norms
and practices resulted in significantly lower girls' attendance rates
at the secondary level. Sexual harassment, concern about unwanted
pregnancies, and other factors lowered attendance of female students.
Child Abuse.--Child abuse was a problem.
Child Marriage.--The legal age for marriage is 21 years for men and
17 years for women; however, tradition permits marriage at 14 years of
age. 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 Coordinating
Committee on Traditional Practices Affecting Women's and Children's
Health (CPTAFE), a local NGO dedicated to eradicating FGM and ritual
scarring, in conjunction with the government, local journalists, and
international NGOs, continued to run an education campaign to
discourage underage marriage and reported lower rates than in previous
years. According to the CPTAFE, some families that sanctioned early
marriages nevertheless kept their married daughters in the family home
until they had at least completed secondary school.
Harmful Traditional Practices.--FGM is illegal, and practitioners
faced a penalty of three months in prison and a fine of approximately
100,000 Guinea francs ($22). In practice 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. CPTAFE reported high rates of infant 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. As in prior years, there were no prosecutions of
practitioners during the year.
The government cooperated with NGOs in their efforts to eradicate
FGM and educate health workers on the dangers of the practice. Urban,
educated families increasingly opted to perform only a slight, symbolic
incision on a girl's genitals rather than the complete procedure.
Ritual killings occurred, although the extent of the practice was
unknown due to cultural taboos and a general unwillingness to speak on
the subject.
Sexual Exploitation of Children.--The law prohibits child
pornography, and the country has a statutory rape law. 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.
Displaced Children.--Street children were pervasive in urban areas,
although there were no official statistics. Many were forced to beg in
mosques and markets.
International Child Abductions.--Guinea is not a party to the 1980
Hague Convention on the Civil Aspects of International Child Abduction.
Anti-Semitism.--The Jewish community is very small, and there were
no reports of anti-Semitic acts.
Trafficking in Persons.--See the Department of State's Trafficking
in Persons Report at http://state.gov/j/tip.
Persons With Disabilities.--The law does not prohibit
discrimination against persons with disabilities in employment,
education, access to health care, or the provision of other state
services. There were no official reports of societal or governmental
discrimination against persons with disabilities, but it was believed
to be pervasive. The law does not mandate accessibility for persons
with disabilities, and buildings and vehicles remained inaccessible.
Few persons with disabilities worked in the formal sector, although
some worked in the informal sector in small family businesses. 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
ones identifying with specific regions. The three major groups are 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 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
Conakry that resulted in the deaths of at least two persons during the
year. The government and the National Transitional Council 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.
Vigilante violence occurred during the year. For example, on
September 27, a Sousou man argued with his ethnic Peuhl neighbor over
the effectiveness of opposition-sponsored protests earlier that day.
The argument quickly became violent, with the Soussou man stabbing his
Peuhl neighbor, who later died from his injuries. A crowd of Peuhls
quickly subdued the fleeing Soussou man and stabbed him to death.
Interreligious conflict resulted in deaths (see section 1.d.).
Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--The law penalizes sexual
relations between persons of the same sex with a maximum sentence of
three years in prison, although there have not been any prosecutions
under this law for nearly a decade. 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 or gender identity. Nevertheless, during the 2010
opening of the Office of the High Commissioner for Human Rights in
Conakry, the prime minister announced his belief that consensual same
sex sexual activity 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 active lesbian, gay, bisexual, or transgender
organizations.
Other Societal Violence or 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. Freedom of Association and the Right to Collective Bargaining.--
Although the law provides for the right of workers to organize and join
independent unions, engage in strikes, and bargain collectively, the
law also places restrictions on the free exercise of these rights. The
labor code prohibits members of the armed forces from joining unions,
requires 25 or more workers to constitute a trade union, and mandates
that unions provide 10-day notice before striking--and only on the
grounds of ``professional claims.'' The labor code bans strikes in
essential services, which it broadly defines to include hospitals,
police, the military, transport, radio and television, and
communications.
While the labor code protects union officials from antiunion
discrimination, it does not extend that same protection to other
workers. The labor code prohibits employers from taking into
consideration union membership and activities with regard to decisions
about employee hiring, firing, and conduct, although it does not
provide appeal procedures or effective, proportionate, and dissuasive
sanctions to prevent such actions from occurring. The law does not
provide for reinstatement of workers fired for union activity.
The Office of the Inspector General of Work, within the Ministry of
Labor, manages consensus arbitration, as required by law. In practice,
employers often imposed binding arbitration, particularly in
``essential services.''
Freedom of association and the right to collective bargaining were
not always respected, although worker organizations were generally
independent of the government and political parties.
A disputed election on September 24 within the country's largest
union, the National Confederation of Guinean Workers (CNTG), triggered
a split into factions supporting two candidates for the union's
presidency, incumbent Amadou Diallo and Yamoussa Toure. Diallo was
declared the winner, but Toure disputed the results. Diallo
subsequently accused the government of interference, alleging that the
government had provided Toure with financial support. Toure's
supporters attacked Diallo's residence on October 8, and vandalized
CNTG headquarters on October 17. Toure denied involvement in the
attacks. Diallo refused to recognize a December 16 court decision
annulling his presidency of the union.
b. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced labor provides for penalties of five to 10 years' imprisonment
for depriving third parties of their liberty. The government has not
effectively enforced this law nor obtained conviction for forced labor
under this article. The article also does not expressly prohibit debt
bondage, making it particularly difficult to prosecute.
Work is compulsory for all convicted prisoners and optional for
those who have been accused or charged.
The government claimed that it arrested and charged five
traffickers and freed 30 victims of child trafficking during the year.
Some older cases remained pending in the courts, while many additional
cases have disappeared from the court system.
Reports indicate that forced labor was most common in the
agricultural sector. Forced child labor, which represents the majority
of victims, occurred primarily in the cashew, cocoa, coffee, gold, and
diamond sectors of the economy (see section 7.c.).
Although migrant laborers do not represent a significant proportion
of forced labor victims in Guinea, reports indicate instances of
trafficking of Chinese and Vietnamese women to Guinea for the purposes
of commercial sexual exploitation.
See also the Department of State's Trafficking in Persons Report at
http://state.gov/j/tip.
c. Prohibition of Child Labor and Minimum Age for Employment.--The
law prohibits all forms of child labor and sets forth penalties of
three to 10 years' imprisonment, and disgorgement of resulting profits,
for violations. The minimum age for employment is 16 years, although
children may begin to work at 12 years of age as apprentices for light
work in such sectors as domestic service and agriculture, and at 14
years of age for other work. Workers and apprentices under the age of
18 are not permitted to work at night, more than 10 consecutive hours,
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, but enforcement was limited to large firms in
the modern sector of the economy. The penal code increases penalties
for forced labor if minors are involved, but penalties did not meet
international standards. Although the child code ensures that the
country's laws respect treaty obligations, and is regarded as law by
the justice system, there remains ambiguity about the code's validity
because a required implementation text has not been passed by the
government.
The Ministry of Labor is responsible for enforcing child labor laws
and conducted occasional inspections during the reporting period. The
Bureau of Gender Protection, Children, and Customs is responsible for
investigating child trafficking and child labor violations. After
arrests, all information is handed over to the Ministry of Justice.
During the year the bureau reported two trafficking arrests. The bureau
was understaffed and had only two vehicles to cover the country.
Child labor by boys occurred most frequently in the informal
sectors of subsistence farming, small-scale commerce, and mining. Child
labor by girls most often involved commercial sexual exploitation and
put them at risk for face beatings, sexual harassment, and rape. Family
members or employers forced some children to prostitute themselves to
earn enough money to survive. The government did not take action when
prostitution of minors was brought to its attention, and it did not
monitor child or adult prostitution.
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.
They operated in extreme conditions, lacked protective gear, did not
have access to water or electricity, and faced a constant threat of
disease and sickness. Many children did not attend school and could not
contact their parents. A 2006 study by the NGO AGRAAD reported that 45
percent of workers at the Dandano gold mine were children,
approximately 30 percent of whom were working with an adult relative in
the mine. Children also worked in granite and gravel pits.
Many parents sent young Muslim boys to live with a Koranic teacher
for instruction. While a few boys received lessons, teachers forced
most to beg or work in fields and mistreated the boys if they failed to
meet daily quotas. Similarly, through the system of confiage, rural
families often sent children to Conakry to live with family members
while they attended school. Host families unwilling or unable to pay
school fees sent the children to sell water or shine shoes on the
streets. The host family took the money ostensibly in exchange for room
and board.
Also see the Department of Labor's Annual Findings on the Worst
Forms of Child Labor at http://www.dol.gov/ilab/programs/ocft/tda.htm.
d. Acceptable Conditions of Work.--Although the labor code allows
the government to set a minimum hourly wage enforced by the Ministry of
Labor, the government has 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. The law provides for a maximum of
100 hours of compulsory overtime a year.
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. All workers, foreign and migrant included, have the right
to refuse to work in unsafe conditions without penalty, but many
workers feared retaliation and did not exercise this right.
The Ministry of Labor is responsible for enforcing labor standards,
and its 160 inspectors are empowered to suspend work immediately in
situations deemed hazardous to workers' health. Nevertheless,
enforcement efforts were sporadic. According to the ILO, inspectors
received inadequate training and had limited resources. Retired labor
inspectors were generally not replaced with new hires. Inspectors
lacked computers and transportation to carry out their duties.
Penalties for violation of the labor law were not sufficient to
deter violations.
In practice, 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 Ministry of Labor's Inspectorate General reported that there
were 92 cases of workplace injury, one death, and no cases of illness
during the year.
__________
GUINEA-BISSAU
executive summary
Guinea-Bissau is a multiparty republic. 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 Joao Bernardo Vieira by the military. International
observers declared the election to be generally 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. On December 26, fighting
between rival factions of the military resulted in two deaths.
Serious human rights abuses included beating and torture by
security forces, poor conditions of detention, and violence--including
female genital mutilation (FGM)--and discrimination against women.
Other human rights abuses included 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; trafficking of children; and child labor,
including some forced labor.
The government did not take steps to prosecute or punish officials
who committed abuses, whether in the security services or elsewhere in
the government, and impunity was a serious problem.
Section 1. Respect for the Integrity of the Person, Including Freedom
from:
a. Arbitrary or Unlawful Deprivation of Life.--On the evening of
December 26, Vladimir Cotta, an officer of the Interior Ministry's
Rapid Intervention Police (PIR), was killed in a raid on a house
occupied by some of Admiral Na Tchuto's alleged supporters. PIR
officers alleged that Major Yaya Dabo, a former officer in the Interior
Ministry's intelligence service, was responsible for the killing.
On December 28, PIR officers killed Dabo while he was en route to
the Ministry of Interior, where he intended to turn himself in to the
authorities. At the time of his death, Dabo was allegedly in the
protective custody of two PIR officers and accompanied by the president
of the Bissau-Guinean Human Rights League and a member of parliament.
Authorities called for a full investigation into the events, but no
action was taken by year's end.
In July 2010 a civilian named Fernando Te was reportedly tortured
to death while in custody at the Fifth Squadron police station. At
year's end an investigation was ongoing with no individuals identified
or charged with his death.
There were no developments in the cases of the 2009 killings of
President Vieira and armed forces chief of staff General Jose Batista
Tagme Na Waie. The national commission of inquiry established in 2009
to investigate the killings did not identify or charge anyone during
the year.
There were developments in the case of national assembly deputy
Helder Proenca, whom military personnel beat, shot, and killed, along
with his bodyguard and driver, in 2009 on the outskirts of Bissau. In
2009 the state attorney general filed a criminal complaint against
Colonel Samba Djalo, chief of the Military Information and Security
Service, who had accused Proenca of plotting to overthrow the
government. On July 21, the attorney general referred the case to the
Military Justice Court; however, the court returned the case to the
attorney general the following day, citing a lack of jurisdiction. A
decision on the jurisdictional issue remained pending before the
Supreme Court 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 prohibit such practices,
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 in April 2010 (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. He remained prime
minister.
Prison and Detention Center Conditions.--In December 2010 the
Ministry of Justice, with the assistance of the U.N. Office on Drugs
and Crime (UNODC), completed construction of the country's first secure
prison facilities in the towns of Bafata and Mansoa. The prisons had a
capacity of 90 prisoners, including cells for up to six women in Mansoa
and eight in Bafata. Both had electricity and potable water. In June
prisoners were transferred to the new prisons. In a three-year training
program that included human rights modules, Portuguese officials
trained and equipped guards at the prisons.
At the end of the year there were 64 prisoners held in the jails at
Bafata and Mansoa. Of these, 43 were held in Bafata and 21 in Mansoa.
Only four of the prisoners were women. No children were held at these
facilities. Men and women were held separately, and juveniles were not
held with adults. There were no reports of deaths in the prisons or of
guards' or other prisoners' brutalizing or raping inmates. At Mansoa
and Bafata, prison administrators provided food to the prisoners. Food
was not provided to prisoners held in pretrial detention in Bissau, who
were allowed to receive food from their families. Families were allowed
to visit inmates at least twice a week, more often in cases of good
behavior by the inmate.
The government continued to utilize makeshift detention facilities
at the Judicial Police headquarters and on military bases for short-
term detention of up to 48 hours. 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 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. According to
the Justice Ministry's Director of Justice Administration, the prisons
in Mansoa and Bafata were regularly visited by the International
Committee of the Red Cross (ICRC), the Bissau-Guinean Human Rights
League, U.N. Integrated Peace-building Office in Guinea Bissau
(UNIOGBIS) staff, the National Commission for Human Rights, and Aida (a
Spanish human rights nongovernmental organization [NGO]).
Following his detention in April 2010 (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 UNIOGBIS 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 usually
observed these prohibitions; however, security forces arbitrarily
arrested persons and were involved in settling personal disputes,
sometimes detaining persons without due process.
Following intramilitary violence on December 26, Admiral Na Tchuto
and several of his supporters were detained at the Army's Mansoa
Barracks, 37 miles from the city of Bissau. No charges were filed
against Na Tchuto or the other detainees. Na Tchuto and his followers
remained in detention at year's end.
Role of the Police and Security Apparatus.--The country is divided
into 37 police districts. There were an estimated 3,500 police
personnel in nine different police forces reporting to seven different
ministries. Judicial Police, under the Ministry of Justice, have
primary responsibility for investigating drug trafficking, terrorism,
and other transnational crime, while 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, Border Service, PIR, and
Maritime Police. According to the constitution, the armed forces are
responsible for external security and can be called upon to assist the
police in internal emergencies.
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.
On May 13, the head of the Judicial Police, Lucinda Barbosa
Ahukarle, resigned, citing death threats she had received because of
her work fighting drug trafficking.
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
that office were also poorly paid and susceptible to threats,
corruption, and coercion.
During a military mutiny in April 2010, Na Tchuto and soldiers
loyal to then deputy armed forces chief Indjai beat, robbed, and
detained Prime Minister Gomes, then-armed forces chief of staff 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 his release in December 2010.
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.
In July 2010 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, particularly of
immigrants suspected of crimes, often occurred. The law requires that
detainees be brought before a magistrate within 48 hours after arrest
and 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 in some military
detentions detainees were not notified. Although the law provides for
the right to counsel at state expense for indigent clients, 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. Pretrial detainees were allowed prompt
access to family members.
While the vast majority of the prison population consisted of
detainees awaiting the conclusion of their trials, 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, but the largely nonfunctional judicial
branch had little independence. Judges were poorly trained,
inadequately and irregularly paid, and subject to corruption. Judges
periodically went on strike throughout the year to protest their pay
and working conditions. Courts and judicial authorities were also
frequently biased and passive. The attorney general had little
protection from political pressure since the president can
independently replace the incumbent. A lack of materials or
infrastructure often delayed trials, and convictions were extremely
rare.
In addition to the civilian judicial structure, a military court
system exists. The Supreme Military Court is the final court of appeal
for military cases. In theory military courts do not try civilians.
Although civilian courts may try all cases involving state security,
even if the accused are members of the military, civilian courts were
reluctant to assert their jurisdiction over 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, question witnesses, have access to evidence held
by the government, and appeal. Trials in civilian courts are open to
the public. Defendants have the right to be present and present
witnesses and evidence on their behalf. For those few defendants whose
cases went to trial, and despite the otherwise dysfunctional judiciary,
these rights were respected in a majority of cases. Citizens who cannot
afford an attorney have the right to a court-appointed lawyer, but
court-appointed attorneys received no compensation from the state for
representing indigent clients, were not punished for failing to do so,
and generally ignored such responsibilities.
Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.
Civil Judicial Procedures and Remedies.--The judicial system
handles civil as well as criminal matters, but 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.--Status of Freedom of Speech and
Press.--The constitution and law provide for freedom of speech and of
the press; however, the government did not always respect these rights
in practice. Unlike the previous year, there were no reports security
forces detained persons for exercising their right to free speech.
However, journalists who reported on narcotics trafficking came under
considerable government pressure, and journalists practiced self-
censorship.
Freedom of Press.--In March, Prime Minister Gomes brought
defamation charges against Ali Silva, author of the Ditadura do
Consenso blog. On March 21, Silva was summoned to the Attorney
General's Office, where he was questioned for two hours and
subsequently released. The charges remained pending at year's end.
On April 15, the Council of Ministers suspended publication of the
Ultima Hora newspaper following the publication of an article accusing
soldiers under the command of Indjai of killing then president Vieira.
The National Union of Journalists and the NGO Reporters Without Borders
condemned the government's action as ``backward and coercive.'' At a
news conference on April 20, Minister of the Presidency, Parliamentary
Affairs, and Social Communication Maria Adiatu Djalo Nandigna issued a
``vibrant appeal to the media, especially the newspaper Ultima Hora, to
bring their editorial policies into line with the higher interests'' of
Guinea-Bissau. She added that if the appeal was ignored, the government
could ``use its legal powers to cancel licenses for good.'' Ultima Hora
resumed publication.
In May 2010 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 year's end.
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.
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.
Internet Freedom.--There were no government restrictions on access
to the Internet or reports that the government monitored e mail or
Internet chat rooms. Individuals and groups engaged in the peaceful
expression of views via the Internet, including by e mail. Lack of
infrastructure, equipment, and education severely limited access to the
Internet.
Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.
b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The constitution and law provide for freedom of assembly,
and the government usually respected this right in practice. Permits
were required for all assemblies and demonstrations.
Freedom of Association.--The constitution and law provide for the
right of association, and the government generally respected this right
in practice.
c. Freedom of Religion.--See the Department of State's
International Religious Freedom Report at http://state.gov/j/drl/irf/
rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution and law provide for
freedom of movement within the country, foreign travel, emigration, and
repatriation, and the government generally respected these rights in
practice. The government cooperated with the Office of the U.N. High
Commissioner for Refugees and other humanitarian organizations in
providing protection and assistance to internally displaced persons
(IDPs), refugees, asylum seekers, stateless persons, and other persons
of concern.
In June the government announced that refugees living in Guinea-
Bissau longer than 20 years would be offered citizenship, and that
those who declined would lose their refugee status if they could not
demonstrate that they faced oppression in their home country or that
their country was in a state of war.
Internally Displaced Persons (IDPs).--Bissau-Guinean IDPs and
Senegalese refugees moved within the border region and back and forth
over the border with Senegal, depending on the status of the ongoing
armed conflict in Senegal's Casamance Region. This conflict sometimes
spilled over into Guinea-Bissau. With ethnic and family ties on both
sides of the poorly marked border, the nationality of these IDPs and
refugees 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 U.N. High Commission for Refugees opened an office
in Bissau in February 2010 and facilitated the issuance of refugee
cards. As in previous years, local communities in northern Guinea-
Bissau lent land for cultivation to long-term refugees from the
Casamance region of southern Senegal. Rather than utilizing local
schools, most refugees sent children to nearby Senegalese schools in
the Casamance, which were perceived as being of 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 change
their government peacefully.
Elections and Political Participation.--Recent Elections.--
Following the March 2009 military assassination of President Vieira,
interim President Raimundo Pereira postponed the first round of the
presidential election until June 2009 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
generally free and fair.
Political Parties.--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.
Unlike previous years, the political opposition was not subjected
to restrictions on political activity or overt violence such as torture
or killings.
Participation of Women and Minorities.--The 98-member National
Assembly had 10 female members. The Supreme Court president, two of the
19 government ministers, and one of nine state secretaries also were
women.
All ethnic groups were represented in the government.
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.
There were no new investigations of corruption by the attorney general
during the year.
On August 29, a group of NGOs released a statement calling for
additional transparency in the extractive industry. In particular the
group called for more public information on the offshore oil industry
and the mining of phosphate, bauxite, and heavy metals in various areas
of the country.
No officials were arrested or charged with embezzlement during the
year.
According to a 2008 U.N. report and the findings of UNIOGBIS, the
country was rapidly becoming a major transit point and logistical hub
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 no 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.
In June the minister of health announced several regional health
directors had mismanaged funds that were to have been used for the
purchase of medicine. Some of the drugs were allegedly resold on the
black market at higher prices. As of the end of the year, none of the
health directors was charged with any crime.
Public officials are legally required to disclose their personal
finances before the Court of Audits, but the court had no authority to
enforce compliance. No public officials disclosed personal finances
during the year.
In April the government announced the establishment of a Financial
Crimes Information Unit to fight money laundering and corruption.
As in the previous year, the National Assembly's anticorruption
committee was inactive.
The law provides that ``everyone has the right to information'';
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.
Unlike the previous year, there were no reports of NGO workers
being harassed.
U.N. and Other International Bodies.--The government permitted
visits by U.N. representatives, including UNIOGBIS personnel and the
ICRC. The ICRC, UNIOGBIS staff, and NGOs visited the prisons in Mansoa
and Bafata regularly.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The law prohibits discrimination but does not designate kinds of
discrimination the prohibition covers; the government did not enforce
prohibitions against discrimination.
Women.--Rape and Domestic Violence.--The law prohibits rape,
including spousal rape, but government enforcement was limited. 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 cultural practice 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. No law
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.
Sexual Harassment.--There is no law prohibiting sexual harassment,
and it was a problem.
Reproductive Rights.--Couples and individuals have the right to
decide freely and responsibly the number, spacing, and timing of their
children and to have the information and means to do so free from
discrimination, coercion, and violence. There is access to birth
control and limited access to HIV testing. Women and men were equally
diagnosed and treated for sexually transmitted infections. The U.N.
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 U.N.
Population Fund, skilled health providers attended to 78 percent of
pregnant women; 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.
Discrimination.--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
business ownership.
Children.--Birth Registration.--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. UNICEF data from 2000-09
estimated 39 percent of children were registered before the age of
five. Lack of registration resulted in the denial of education at
schools above secondary level, since school registration requires a
birth certificate. However, this requirement was often waived for
children in primary schools.
Education.--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 enrollment
rate in primary schools was 65.4 percent for girls and 69.3 percent for
boys, but Islamic schools banned girls from attending. Children often
were required to help their families in the fields, which conflicted
with schooling.
Child Abuse.--Violence against children was widespread, but it was
seldom reported to the authorities.
During the year a teacher, Maria Filomena Ribeiro, was accused of
imprisoning her eight-year-old daughter in her home with ropes and a
padlock. Local NGO Association of the Friends of Children (AMIC)
denounced the incident as ``inhuman.'' Judicial Police opened an
official investigation but did not file charges as of year's end.
In 2010 an 85-year-old man in Gabu was charged with sexually
abusing and impregnating two of his granddaughters, ages 15 and 16. His
trial had not begun by year's end.
Harmful Traditional Practices.--Certain ethnic groups, especially
the Fulas and the Mandinkas, practiced FGM, not only on adolescent
girls but also on babies as young as four months. According to a local
NGO, more than 350,000 girls and women in the country were victims of
FGM. UNICEF data from 1997-2009 indicate 45 percent of women and girls
were victimized.
On June 6, the National Assembly passed a law prohibiting FGM,
which calls for violators to be punished with a fine of up to five
million CFA francs ($9,000) and five years in prison. The law was
published and went into effect on July 6. In November, Ne di Ture was
charged with performing FGM on a three-year-old girl. At year's end,
she was awaiting trial.
Child Marriage.--Child marriage occurred among all ethnic groups,
but no reliable data existed. Girls who fled arranged marriages often
became trafficked into commercial sex. The buying and selling of child
brides also reportedly occurred. Local NGOs worked to protect the
rights of women and children and operated programs to fight child
marriage and protect its victims. Observers claimed that NGO efforts to
enroll more girls in school increased 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.
Sexual Exploitation of Children.--There are no explicit penalties
for child prostitution, but there is a statutory rape law prohibiting
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.
Displaced Children.--The Child Protection Office of the Bissau
Police Department estimated that 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.
International Child Abductions.--The country is not a party to the
1980 Hague Convention on the Civil Aspects of International Child
Abduction.
Anti-Semitism.--There were no reports of anti-Semitic acts.
Trafficking in Persons.--See the Department of State's Trafficking
in Persons Report at http://state.gov/j/tip.
Persons With Disabilities.--The law does not specifically prohibit
discrimination against persons with disabilities, mandate building
access for them, or provide for equal access to employment and
education. There were no government efforts to mitigate discrimination
against persons with disabilities or ensure their access to buildings
or streets. 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 to express sexual orientation. There
were no reported violent incidents or other 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 or Discrimination.--There was open
discussion of HIV/AIDS and no reported societal violence or
discrimination against persons with HIV/AIDS.
Section 7. Worker Rights
a. Freedom of Association and the Right to Collective Bargaining.--
The law provides all workers with the freedom to form and join
independent trade unions without previous authorization.
The law allows unions to conduct their activities without
government interference; only trade union delegates are protected under
union laws, while workers' rights to free speech and assembly are
protected by the constitution. The law prohibits employer antiunion
discrimination. However, only trade union delegates are protected by
the labor code against antiunion discrimination, with inadequate
sanctions.
The law provides for the right to strike. The only legal
restriction on strike activity is a prior notice requirement. The law
also prohibits retaliation against strikers.
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. No workers alleged antiunion discrimination during the year,
and the practice was not believed to be widespread.
b. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, including by children.
Also see the Department of State's Trafficking in Persons Report at
http://state.gov/j/tip.
c. Prohibition of Child Labor and Minimum Age for Employment.--
There are no specific laws that protect children from exploitation in
the workplace. 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.
There were reports that such practices occurred. As in previous
years, types of forced child labor included domestic servitude, shoe
shining, and selling food in urban streets.
The small formal sector generally adhered to these minimum age
requirements. The Ministries of Justice and of Civil Service and Labor
did not effectively enforce these requirements, particularly in
informal work settings, where most child labor occurred. The government
did not take 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
participated in several programs to combat child labor funded by
international donors. The AMIC estimated that 50 children per month
returned home of their own volition. The NGO Network of Youth was also
involved in removing child workers.
According to the 2010 Multiple Indicator Cluster Survey, almost 60
percent of children ages five to 14 work--65 percent in rural areas and
45 percent in urban areas. Children in rural communities performed
domestic and fieldwork without pay to help support their families. They
also lacked educational opportunities. Some children were partially or
completely withdrawn from school to work in the fields during the
annual cashew harvest.
Also see the Department of Labor's Findings on the Worst Form of
Child Labor at http://dol.gov/ilab/programs/ocft/tda.htm.
d. 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 francs ($34) per month plus a bag of rice.
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 may adopt 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.
__________
KENYA
executive summary
Kenya is a republic with an institutionally 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, incumbent 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, Western, and Coast provinces.
Approximately 1,150 persons were killed and more than 350,000 displaced
between December 2007 and February 2008, when the two sides agreed to
form a coalition government as a result of international mediation.
Under the terms of the agreement, President Kibaki retained his office,
and Odinga was appointed to a newly created position of prime minister.
The parties also agreed to undertake a series of constitutional,
electoral, institutional, and land reforms to address underlying causes
of the crisis. In August 2010 citizens approved a new constitution in a
national referendum, widely considered to be free and fair. The new
constitution includes significant institutional and structural changes
to the government. There were instances in which elements of the
security forces acted independently of civilian control.
The most serious human rights problems were abuses by the security
forces, including unlawful killings, torture, rape, and use of
excessive force; mob violence; and the abridgement of the right of
citizens to change their government in the 2007 election.
Other human rights problems included police corruption; harsh and
life-threatening prison conditions; arbitrary arrest and detention;
prolonged pretrial detention; executive influence on the judiciary and
judicial corruption; arbitrary interference with the home and
infringement on citizens' privacy; restrictions on freedom of speech,
press, and assembly; abuse and forced resettlement of internally
displaced persons (IDPs); 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; discrimination against
persons with disabilities; interethnic violence; discrimination based
on ethnicity, sexual orientation, and HIV/AIDS status; lack of
enforcement of workers' rights; forced and bonded labor, including of
children; and child labor.
Widespread impunity at all levels of government continued to be a
serious problem. The government took only limited action against
security forces suspected of unlawful killings, and impunity in cases
of corruption was common. Although the government took action in some
cases to prosecute officials who committed abuses, impunity--
particularly in connection with human rights abuses connected to post-
2007 election violence--was pervasive.
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. The government took only limited action in holding
accountable security forces suspected of unlawfully killing citizens.
Police killed two persons in June while quelling a riot in a
refugee camp (see section 2.d.).
Police killed numerous criminal suspects, often claiming that the
suspects violently resisted arrest or were armed. For example, on
January 19, in the middle of a busy Nairobi highway, three police
officers shot and killed three suspected carjackers who already had
surrendered. Authorities suspended the police officers and placed them
under investigation. At year's end the investigation continued.
On November 3, police reportedly shot and killed five suspected
robbers sitting in a car in traffic in Nairobi. Police claimed that one
of the suspects drew a pistol after officers ordered them to surrender,
prompting police to open fire on the car.
On November 4, the Kenyan navy attacked a fishing boat near the
Somali border, resulting in the death of four Kenyan fishermen. The
government claimed the boat refused to stop for inspection. Survivors
asserted that the boat was anchored offshore when the attack occurred
and that the attack was unprovoked. Human Rights Watch (HRW) reported
that military personnel beat survivors of the incident who swam to
shore. As of year's end, the government had not initiated an
investigation.
There were reports that persons died while in police custody or
shortly thereafter, some as a result of torture. For example, on
September 16, a 16-year-old boy died at the Kabete police station,
hours after being arrested in connection with a robbery. A family
member who viewed the body saw multiple injuries. The Independent
Medico-Legal Unit (IMLU), a credible human rights nongovernmental
organization (NGO), conducted a postmortem of the body and established
that the young man died of blows and associated trauma. Police did not
conduct any investigation into the death by year's end.
In 2008 the government formed the Commission of Inquiry into
Postelection Violence as part of the internationally mediated political
settlement. In 2008 the final commission 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 did not conduct any investigation. As a result of
government inaction, in December 2010 the International Criminal Court
(ICC) chief prosecutor opened an investigation and subsequently
announced that he had asked a pretrial chamber to issue summonses for
six former government officials on charges of crimes against humanity.
Summonses were issued in March. On August 30, the ICC dismissed an
appeal by the government that challenged the admissibility of the cases
against the six. The ICC appeals chamber ruled that no legal, factual,
or procedural error could be discerned in the pretrial chamber's
decisions in May to proceed with the cases. Specifically, the appeals
chamber found that the government had failed to provide sufficient
evidence to prove that it was conducting its own investigation of the
six suspects. The six individuals were Uhuru Muigai Kenyatta, deputy
prime minister and minister of finance; William Samoei Ruto, former
minister of higher education, science, and technology; Henry Kiprono
Kosgey, former minister of industrialization; Joshua Arap Sang, former
head of operations for KASS FM radio station; Francis Kirimi Muthaura,
head of the public service and secretary to the cabinet; and Mohamed
Hussein Ali, police commissioner at the time of the violence. An ICC
decision on whether to confirm charges and proceed to trial against
some or all of the suspects was expected in early 2012.
b. Disappearance.--There were no reports of disappearances or
politically motivated abductions during the year.
In October HRW released the report Hold Your Heart--Waiting for
Justice in Kenya's Mt. Elgon Region, regarding the human rights abuses
perpetrated between 2006 and 2008 by government security forces and the
Sabaot Land Defense Force (SLDF), a militia group operating in the
Mount Elgon region of western Kenya. During this period both government
security forces and the SLDF committed atrocities, including hundreds
of killings, the detention of more than 3,000 men, forced
disappearances, torture, and rape. The report, which focused on
unresolved abductions by SLDF militia and enforced disappearances by
security forces, criticized the government for not effectively
investigating such abuses or assisting families with death certificates
or official recognition of the missing.
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
reportedly used violence and torture frequently during interrogations
and as punishment of pretrial detainees and convicted prisoners.
According to IMLU, physical battery was the most common method of
torture used by the police.
Human rights organizations, churches, and the press reported
numerous cases of torture and indiscriminate police beatings.
In November, following two grenade attacks on civilian targets in
Garissa and an improvised explosive device attack on a military convoy
in Mandera, police and soldiers rounded up hundreds of suspects in both
towns. HRW reported that some of these persons suffered broken limbs
from beatings by police and soldiers. In the days following the
attacks, suspects were arrested at random. HRW interviewed individuals
who were taken to a Garissa military camp and forced to do exercises,
such as standing on their heads, and were beaten if they could not
comply.
As of September IMLU received 218 cases of alleged torture by
security forces, 28 of them resulting in death.
IMLU's National Torture Prevalence Survey Report 2011 for Kenya,
released in November, detailed the results of a nationwide survey on
the prevalence of torture, the definition of which included
psychological torture--such as harassment, threats, and forcing victims
to make impossible choices--as well as physical abuse by the police and
other security forces. Data was collected in interviews with members of
public and private organizations and a national survey of 1,200
randomly selected respondents. In the survey, 23 percent of respondents
reported that they had been tortured, and 29 percent claimed to know
someone who had been tortured. Of victims who reported torture, only 25
percent claimed that action was being taken on their complaints. IMLU
noted that psychological techniques, as opposed to physical torture
techniques, were gaining in prominence.
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 IMLU and other human rights
organizations. In most cases authorities did not fully investigate
allegations of torture and did not charge perpetrators.
Police use of excessive force to disperse demonstrators resulted in
injuries (see section 2.b.).
There were allegations that security forces raped female inmates,
IDPs, refugees, and asylum seekers crossing into the country from
Somalia (see section 2.d.).
Police harassed and physically and sexually abused street children
(see section 6, Children).
The Truth, Justice, and Reconciliation Commission, whose mandate
included the investigation of alleged cases of torture since
independence, collected statements and held public hearings across the
country. A report of its findings was expected in 2012.
In October 2010 IMLU filed a case against the government at the
East Africa Court of Justice, seeking redress for Mount Elgon residents
tortured during military operations in 2008 (see section 1.b.). In
December the government filed an appeal with the appellate section of
the court disputing the jurisdiction of the court in human rights
matters and the timeliness of the case's filing. The government's
appeal remained pending at year's end. Despite evidence of torture
documented by IMLU and HRW from the Mount Elgon and El Wak security
operations in 2008, the government denied that security forces engaged
in torture and refused to prosecute individuals who allegedly
participated in torture during the two operations.
Prison and Detention Center Conditions.--Prison and detention
center conditions continued to be harsh and life threatening. A 2009
prison assessment by the Kenya National Commission on Human Rights
(KNCHR) concluded that torture, degrading and inhuman treatment,
unsanitary conditions, and extreme overcrowding were endemic in
prisons. Prison staff routinely beat and assaulted prisoners. According
to media reports, prison officials also raped female inmates. Fellow
inmates also committed rapes. Prisoners sometimes were kept in solitary
confinement far longer than the legal maximum of 90 days.
As of October the Legal Resource Foundation (LRF) reported a total
prison population of 50,608, including 2,672 women and 47,936 men. The
country's 89 prisons had a designed capacity of 22,000 inmates.
In 2010 the LRF attributed poor prison conditions to lack of
funding, overcrowding, inadequate staff training, and poor management.
Prison officers, who received little applicable training, discriminated
against prisoners with mental problems and transgender prisoners.
Prisoners generally received three meals a day, but portions were
inadequate, and sometimes portions were halved as punishment. Water
shortages, an issue outside prisons as well, continued to be a problem.
Sanitary facilities were inadequate. Medical care was poor,
particularly for those with tuberculosis or HIV/AIDS. Supplies of
antiretroviral drugs and other medications were inadequate, and
insufficient food lessened the effectiveness of available medicine.
Prison hospitals could not meet the needs of prisoners. Many inmates
petitioned the courts for transfer to outside hospitals, but
administrative delays, such as lack of transport, often delayed court-
ordered hospital attention. Prisoners generally spent most of their
time indoors in inadequately lit and poorly ventilated cell blocks.
This was especially true for the one-third of prisoners awaiting trial,
as they were not engaged in any work programs that would allow them to
leave their cells.
According to the government, 187 prisoners died during the year,
the majority from infections or other generally preventable causes.
Overcrowding, unhygienic conditions, and inadequate medical treatment
contributed to prisoner deaths.
Prisoners and detainees sometimes were denied the right to contact
relatives or lawyers. Family members who wanted to visit prisoners
commonly reported bureaucratic and physical obstacles that generally
required a bribe to resolve. According to the LRF, prisoners had
reasonable access to legal counsel and other official visitors,
although there was insufficient space to meet with visitors in private
and conduct confidential conversations.
In 2010 the LRF reported that prisoners were able to make
complaints to the courts and had the ability to send letters written by
paralegals to the court without appearing personally. There were no
prison ombudsmen to handle prisoner complaints, but some prisons had
paralegal clinics, which appeared to decrease the incidence of abuse
(see section 5). Some magistrates and judges also made prison visits
during the year, providing another avenue for prisoners to raise
grievances. In August a group of senior judges, including a deputy
chief justice of the Supreme Court, visited a prison in Mombasa.
Inmates were permitted to address the delegation and raise grievances
and request leniency. The KNHRC had a mandate to visit prisons and
investigate allegations of inhumane conditions. According to the
commissioner of prisons, human rights training 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.
In small jails female prisoners were not always separated from
males. Conditions for female inmates in small, particularly rural,
facilities were worse than for men. Female prisoners were often not
provided with sanitary towels and underwear. Civil society activists
witnessed young children, women, and men sharing the same cells. There
were 344 children accompanying their mothers or guardians in pretrial
detention. Convicted mothers were not allowed to keep their children
unless they were nursing. The LRF reported that prisons did not have
facilities, lessons, beds, or special food for children, nor did
children have access to medical care. Children born to women in custody
had difficulty obtaining birth certificates.
Minors were generally separated from the adult population, except
during the initial detention period at police stations, when adults and
minors of both sexes were often held in a single cell. A 2008
government report on prison conditions noted that underage female
offenders, who were ineligible for transfer to a minimum security
training school, were often housed with adult female prisoners.
Political prisoners and detainees were held with the general prison
population and under the same conditions.
The government permitted prison visits by local human rights groups
during the year.
During the year noncustodial community service programs were
instituted to alleviate prison overcrowding. In addition new prison
facilities and housing for prison staff were built, mental health
facilities for offenders were refurbished, and bedding and meals for
inmates improved, although they still were considered inadequate by
human 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), its Criminal Investigation Department, which was
responsible for criminal investigations, and the Antiterrorism Police
Unit. The Kenya Administration Police (KAP), which has a strong rural
presence throughout the country, provides security for the civilian
provincial administration structure and has the mandate for border
security. The Kenya Wildlife Service is responsible for security and
counterpoaching operations within the national parks, and the
paramilitary General Services Unit (GSU) is responsible for countering
uprisings and guarding high-security facilities. The National Security
Intelligence Service (NSIS) 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.
Military forces, including the army, navy, and air force, are
responsible for the external defense of the country and support
civilian organizations in the maintenance of order. They are under the
authority of the minister of state for defense.
Police were ineffective and corrupt, and impunity was a problem.
There was a public perception that police often were complicit in
criminal activity. In 2008 the Oscar Foundation Free Legal Aid Clinic
Kenya noted that bribery in police recruitment was a problem. Police
often recruited unqualified candidates who had political connections or
who paid bribes, which contributed to poorly conducted investigations.
Police often stopped and arrested citizens to extort bribes. Press
and civil society groups 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. Police often failed to enter detainees
into police custody records, making it difficult to locate them. 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, Women).
Instances of witness harassment and resultant witness insecurity
continued to inhibit severely the investigation and prosecution of
major crimes. The Witness Protection Agency was inadequately funded,
and doubts about its independence were common.
Impunity was a major problem. Police officers rarely were arrested
and prosecuted for criminal activities, corruption, or using excessive
force. Authorities sometimes attributed the failure to investigate a
case of police corruption or 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.
Effective mechanisms to independently investigate security force
abuses did not exist. A 2009 High Court injunction prevents the KNCHR
from exercising court powers (for example, the power to summon
witnesses) in investigating cases of police and judicial misconduct.
The ban remained in effect at year's end.
The government took some steps to curb police abuse. In June a
panel drawn from the Public Service Commission, Police Reform
Implementation Committee, Kenya Anti-Corruption Commission (KACC), and
NSIS conducted an integrity test of 2,000 senior police officials on
issues related to corruption, mental fitness, and implementation of the
constitution. The test was based on criteria established by the KACC
and NSIS. Results were not made public, and it was unclear whether any
action was taken to remove unfit officers.
In September the government passed legislation to establish a
National Police Services Commission under the authority of an inspector
general of police. In October a seven-member panel began the process of
selecting commission members, who then were to select a police
inspector general and two deputy inspectors general.
There were numerous instances in which police failed to prevent
societal violence. For example, on July 13, police failed to prevent a
mob from killing a man who attempted to hijack a bus.
Arrest Procedures and Treatment While in Detention.--The law
provides police with broad powers of arrest. Police may make arrests
without a warrant if they suspect a crime occurred, is happening, or is
imminent. Detainees in noncapital cases must be brought before a judge
within 24 hours (or up to 72 hours if the arrest occurs on a weekend),
and detainees in capital cases must be brought before a judge within 14
days. Nevertheless, authorities frequently did not respect these
rights. The courts dealt with this shortcoming by considering whether
the extent of the denial of constitutional rights of the accused
warranted dismissal of pending charges. In many cases accused persons,
including some charged with murder, were released because they had been
held longer than the prescribed period.
Although the law provides pretrial detainees with the right of
access to family members and attorneys, family members of detainees
frequently complained that access was permitted only on payment of
bribes. When detainees could afford counsel, police generally permitted
access to attorneys, but often refused such access otherwise. There is
a functioning bail system, although 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 with
capital offenses are not eligible for bail pending trial.
Arbitrary Arrest.--During the year police in Eastleigh routinely
targeted Somali youths, threatening to send them to jail or refugee
camps if they did not pay a bribe. Since few could afford even a modest
bribe, many were arrested and remained 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. Police denied the allegations.
In September Ugandan prosecutors dropped murder and terrorism
charges against Kenyan human rights activist Al-Amin Kimathi and
released him from custody. In September of the previous year, the
Ugandan government arrested and detained Kimathi and Kenyan attorney
Mbuga Mureithi in connection with the July 2010 Kampala bombings.
Kimathi and Mureithi had travelled to Uganda to visit Kenyans who were
in jail after being extradited to Uganda by the Kenyan government in
connection with the bombings. Authorities detained Kimathi in Uganda
for more than a year; they released Mureihi without charge a few days
after his arrest and deported him back to Kenya. Kimathi claimed that
the Kenyan government colluded with the government of Uganda to detain
him in Uganda without due cause. Some Muslims claimed that the arrests
were motivated by Kimathi and Mureithi's religion and intended to
intimidate Muslims.
Pretrial Detention.--Lengthy pretrial detention continued to be a
serious problem and contributed to overcrowding in prisons.
Approximately 36 percent of inmates were pretrial detainees. The
government claimed that the average time spent in pretrial detention on
capital charges was 16 months; however, there were reports that many
detainees spent two to 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. Due to a shortage of
manpower and resources, however, 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,
approximately 800,000 pretrial detainees were awaiting trial, including
both civil and criminal cases.
Amnesty.--The president released petty offenders periodically, with
the largest amnesty occurring on December 12, Independence Day. During
the year the president pardoned approximately 7,000 persons. In August,
158 inmates were released from a Mombasa prison under the auspices of a
court commutation of sentences to community service. In October the
chief justice ordered the release of an additional 270 inmates
throughout the country.
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.
The president historically had extensive powers over appointments,
including the positions of attorney general, chief justice, and
appellate and high court judges. However, the new constitution provides
that key appointments, including those of chief justice and attorney
general, require the approval of parliament. The Judicial Services
Commission is responsible for making recommendations for the
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
were 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, which often favored
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.
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 generally was 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, and, for some
matters, to the Supreme Court. 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. Defendants' lawyers
can object to the appointment of particular assessors. A shortage of
appropriate assessors frequently led to long delays in hearing cases.
The police practice of requiring an exam and testimony by the
country's single police physician in cases of victims of sexual assault
resulted in substantial barriers to the investigation and prosecution
of such cases (see section 6, Women).
Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.
Civil Judicial Procedures and Remedies.--The KNCHR attempted to
assert some of the powers of a court, issuing summonses, ordering the
release of prisoners or detainees, requiring payment of compensation,
or providing other legal remedies; 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. While the court had not
issued a final ruling by year's end, it issued an injunction barring
the KNCHR from convening investigatory panels with court powers. As a
result the KNCHR had no effective means to investigate cases of police
and judicial misconduct. The new constitution provides that the KNCHR
be succeeded by a new entity, the Kenya National Human Rights and
Equality Commission (KNHREC). The authority and powers of the KNHREC
remained undefined at year's end.
The civil court system can be used to seek damages for victims of
human rights violations, but in practice 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 civil cases 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 members of the banned Mungiki criminal
organization.
City council officers and police officers also frequently raided,
evicted, or destroyed the homes and businesses of citizens in slums or
other areas where residents did not hold proper legal title. Residents
complained that these actions often were intended to extort bribes.
In 2009 the government evicted more than 2,000 residents in the Mau
Forest from their homes. 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 many 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.--Status of Freedom of Speech and
Press.--The constitution provides for freedom of speech and press, but
the government sometimes restricted these rights.
Freedom of Speech.--The government occasionally interpreted laws in
such a way as to restrict freedom of expression. The government
monitored many types of civil society meetings, and individuals were
not always allowed to criticize the government publicly without
reprisal. The Ministry of Education, for example, intimidated reporters
and potential whistleblowers during the year to quash allegations of
missing, and likely stolen, funds allocated for free primary education.
Freedom of Press.--The mainstream print media generally remained
independent despite attempts at intimidation by officials and security
forces. The mainstream print media included four daily newspapers, one
business-focused daily newspaper, 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.
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
that politicians paid journalists to avoid negative coverage or to
plant negative coverage of a political opponent.
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 shortwave transmission. Although KBC coverage
generally was 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.
Violence and Harassment.--Security forces harassed members of the
media. For example, in June four state employees working for Wajir
District Hospital attacked Wajir Community Radio journalist Abdi Hassan
Hussein for interviewing patients who complained of poor treatment at
the facility.
On August 7, prison guards at Eldoret GK Prison attacked three
journalists from the private broadcaster Nation Television (NTV). The
journalists were covering an escape attempt by six inmates. One of the
guards shot at cameraman James Ng'ang'a, destroying his camera
equipment and injuring two of his fingers. Ng'ang'a was filming prison
guards beating NTV reporters Jared Nyataya and Barnabas Bii. The
reporters were covering attempts to recapture the escaped inmates, who
had hidden in a nearby church. The attack occurred despite orders from
a senior prison officer to allow the journalists to carry out their
work. Authorities did not conduct any investigation into the incident
by year's end.
Censorship or Content Restrictions.--Government harassment of
journalists resulted in self-censorship, particularly with respect to
stories associated with corruption, drug trafficking, and crime in
which government officials applied pressure to protect implicated
individuals.
Libel Laws/National Security.--The government cited national or
public security as grounds to suppress views that were politically
embarrassing. According to the Kenya National Dialogue and
Reconciliation Monitoring Project, government officials often
intimidated journalists reporting on the security sector and requested
that they reveal sources. During the year, for example, the government
asserted national security as a basis to pressure journalists reporting
on alleged corruption at the Port of Mombasa. Also, editors at the Star
newspaper were reportedly harassed by officials of the Anti-Terrorism
Unit after the newspaper reported on problems with the unit's terrorism
investigations. No formal charges were pursued by the government.
Internet Freedom.--There were no government restrictions on access
to the Internet or credible reports that the government monitored e-
mail or Internet chat rooms. Individuals and groups could engage in the
expression of views via the Internet, including by e-mail.
In 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.
Unlike in previous years, no publications were known to be banned
by the government.
b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--Although the constitution and law provide for freedom of
assembly, the government sometimes 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. In the past, 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. For example, in October
the Standard newspaper reported that administrative police attacked
more than 100 protesters peacefully demonstrating against insecurity in
the Longonot area of the Rift Valley, and numerous persons were
injured. Authorities reportedly dismissed one of the officers who was
caught on camera beating an elderly woman into unconsciousness.
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. The government
declared the group a criminal organization in 2002 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, the Mombasa Republican Council (MRC), and a
local group called ``the Taliban.''
In October the General Services Unit, administrative police, and
regular police officers raided MRC oath-taking and ritual ceremonies,
arresting 18 MRC members. Observers noted that raids against the MRC,
which advocates for secession of Coast Province, were motivated by
political as well as law enforcement reasons.
c. Freedom of Religion.--See the Department of State's
International Religious Freedom Report at http://state.gov/j/drl/irf/
rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution and law provide for
freedom of movement within the country, foreign travel, emigration, and
repatriation, and the government generally respected these rights. The
government generally cooperated with the Office of the U.N. High
Commissioner for Refugees (UNHCR) and other humanitarian organizations
in providing protection and assistance to IDPs, refugees, returning
refugees, asylum seekers, stateless persons, and other persons of
concern.
In-country Movement.--Police routinely stopped vehicles throughout
the country and often solicited bribes. Police frequently required
ethnic Somalis to provide additional identification.
Foreign Travel.--Civil servants and members of parliament must
obtain government permission for international travel, which generally
was granted.
Internally Displaced Persons (IDPs).--A large number of IDPs still
had not returned home after being displaced in previous years.
According to the Kenya Human Rights Commission, approximately 50,000
IDPs displaced due to ethnic and election-related violence in the 1990s
had not returned home due to fear of renewed violence. Between 200,000
and 250,000 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 also had not
returned home, according to the Internal Displacement Monitoring
Center. The government's eviction and destruction of homes in low
income areas during the year resulted in hundreds of additional IDPs.
For example, in October the Kenyan Airport Authority ordered the
bulldozing of homes adjacent to Jomo Kenyatta International Airport in
Nairobi, displacing approximately 500 residents. Flash floods and land
disputes during the year also resulted in more IDPs. IDPs were
concentrated in informal settlements and camps, with many of those
dislocated as the result of 2008 postelection violence concentrated in
the Eldoret and Naivasha areas. Living conditions in such settlements
and camps were poor with rudimentary housing and little public
infrastructure or service.
Rapes allegedly perpetrated by IDPs, local residents, and sometimes
by police personnel occurred in IDP camps.
In September U.N. Special Rapporteur Chaloka Beyani commended the
government for developing a draft IDP policy and for the return and
resettlement of some IDPs affected by postelection violence. Beyani
urged the government to adopt the IDP policy and address the ``dire''
living conditions and human rights of IDPs, including persons displaced
by the 2007-08 postelection violence and those displaced by natural
disasters and environmental conservation projects.
The government continued to pressure IDPs to return to their homes.
In 2008 the representative of the U.N. secretary-general for the human
rights of IDPs visited the country and concluded that some returns were
not voluntary or 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.
Protection of Refugees.--Access to Asylum.--The law provides for
the granting of asylum or refugee status for those claiming asylum, and
the government coordinated with the UNHCR to provide assistance and
protection to refugees. Drought, famine, and conflict in Somalia,
however, resulted in a massive influx of refugees into the country
during the year. The refugee influx and security threats emanating from
Somalia, particularly those associated with the Dadaab refugee camps,
severely strained the government's ability to provide security, which
impeded the efforts of the UNHCR and other humanitarian organizations
to assist and protect refugees and asylum seekers.
Although the border with Somalia remained officially closed
throughout the year, the monthly rate of Somali new arrivals into Kenya
peaked at approximately 37,000 in August. As of late November, the
UNHCR registered more than 176,000 new refugees, 154,000 of whom
settled in the Dadaab refugee camps. The UNHCR estimated the total
number of refugees in the country at more than 600,000, including more
than 463,000 at Dadaab, more than 84,000 at the Kakuma refugee camp,
and more than 53,000 in urban areas throughout the country, including
Nairobi.
For several months the government allowed the International
Organization for Migration (IOM) to transport refugees from the border
town of Liboi to Dadaab, which helped to prevent extortion and attacks
on refugees. On October 17, however, the government reiterated that the
border was closed, tightened enforcement measures, stopped registering
new refugees at Dadaab, and ordered the IOM to stop transporting
refugees from the border. The government's actions followed a series of
security incidents and the commencement of the government's military
incursion into Somalia.
In accordance with the law, which provides for the government to
assume responsibility from the UNHCR for the administration of refugee
affairs, in March the Department of Refugee Affairs (DRA) assumed
responsibility for registering asylum seekers in Dadaab, Kakuma, and
Nairobi. The DRA expanded its registration activities to Malindi and
Mombasa later in the year. A significant registration backlog developed
in Dadaab, however, with the influx of refugees from Somalia. This
backlog was eliminated by September, but the government suspended all
registration activities in October. Unrelated to the registration
backlog in Dadaab, in Kakuma there remained a significant backlog in
refugee status determination for all nationalities except Sudanese. The
government recognizes Somalis from south and central Somalia as
refugees on a prima facie basis and therefore does not require a
refugee status determination.
During the year the government announced a mass distribution of
refugee identification cards but did not complete the distribution by
year's end. The government planned to take responsibility for refugee
status determination from the UNHCR as well, although it had not done
so by year's end.
During the year the government permitted the opening of two
additional camps in the Dadaab area, bringing to five the number of
camps comprising the refugee complex. Despite the additional
facilities, overcrowding remained a problem. The government did not
open the Liboi registration center for Somali asylum seekers, despite
multiple promises to the contrary. Although the government allowed both
the Ifo 2 and Kambioos camps to receive refugees, it refused to provide
official recognition and support to the Kambioos facility. The UNHCR
moved refugees from the outskirts of the existing camps to plots in the
new camps. This process stopped in late October, following security
incidents. Cholera, meningitis, and measles outbreaks were reported in
Dadaab. Malnutrition rates in the camps increased during the year due
to the arrival of famine-affected refugees.
Despite government policy that all refugees must reside in camps,
12,501 newly arriving refugees were registered in Nairobi during the
year, bringing the officially registered Nairobi refugee population to
slightly more than 53,000 persons. Urban refugees remained vulnerable
populations. While assistance programs for urban refugees increased
during the year, there remained little possibility for local
integration.
Nonrefoulement.--Unlike in the previous year, there were no
confirmed reports of refoulement; in 2010 HRW reported that hundreds of
Somali asylum seekers were deported back to Somalia. However, in
January the government ordered NGOs to cease services to Somalis who
fled to Mandera, in order to create conditions more conducive for them
to return home.
Refugee Abuse.--On June 30, police shot and killed two refugees and
injured numerous others while using live ammunition to quell a riot in
the Dagahaley refugee camp, one of the camps in the Dadaab complex. The
refugees were gathered to protest an attempt to demolish illegal
structures around a food distribution point, according to the UNHCR.
Sexual and gender-based violence (SGBV) remained problems at both
the Dadaab and Kakuma refugee camps. Reported incidents included
domestic violence, rape, sexual assault, physical assault,
psychological abuse, and forced marriage, particularly of young
Sudanese and Somali girls. Refugee communities sometimes targeted
opponents of FGM. Health and social workers in Kakuma refugee camp
reported that due to strong rape awareness programs in the camp,
victims increasingly reported such incidents, resulting in improved
access to counseling. In Dadaab, however, the government's limited
ability and UNHCR's restricted access and limited ability to provide
refugee services or protection resulted in numerous SGBV cases and the
underreporting of crimes and abuse. Between January and November, for
example, 361 SGBV incidents were reported in Dadaab and 114 in Nairobi.
Between January and August, 217 SGBV incidents were reported in Kakuma.
Mobile court judiciary officials associated with the camps
reportedly directed imams not to officiate weddings of girls under the
age of 18 in an effort to reduce the occurrence of coerced, underage
marriages.
Other security problems in refugee camps included banditry, ethnic-
based violence, and the harassment of Muslim converts to Christianity.
In April the UNHCR and the government signed a memorandum of
understanding to reinforce security in Kakuma and Dadaab refugee camps
by increasing police, procuring additional equipment for police, and
establishing a screening center at Liboi. In November, 92 officers (of
200 requested) were deployed to Dadaab to reinforce the 349 officers
already there.
Mobile courts continued to serve the camp populations and were
instrumental in curbing crime and violence when cases were reported;
however, most crimes went unreported. In September the magistrate with
jurisdiction over Dadaab reported that despite the massive influx of
refugees, there was no corresponding increase in new cases reported to
the mobile courts.
Refugees' freedom of movement remained severely restricted. The
government required all refugees to remain at UNHCR camps unless
granted permission by the government to attend higher education
institutions, receive specialized medical care outside the camp, or
leave to avoid security threats. In September the government reported
that 70 percent of refugees who were granted movement passes did not
return to the camps.
Numerous refugees were arrested for violating movement
restrictions. According to the UNHCR, between January and November,
1,453 refugees from Dadaab were detained for unauthorized movement
outside the camp; of those, 330 were minors who were handed over to the
UNHCR. In Kakuma, during the same period, 148 persons were detained, of
whom only seven were registered refugees. In Nairobi, also between
January and November, 464 individuals were detained for movement
violations; half of whom turned out to be asylum seekers, including
numerous Ethiopian nationals transiting Kenya. Asylum seekers were
generally released to either the DRA or UNHCR for registration.
Stateless Persons.--According to the UNHCR, approximately 20,000
stateless Sudanese Nubians, reportedly the descendants of Sudanese
forcibly conscripted by the British in the early 1900s, lived in the
country. Sudanese Nubians were not granted citizenship or
identification documents, despite the UNHCR's conclusion that the
Nubians qualified for citizenship under the 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.
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 in 2007
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 at the
presidential level.
In a peaceful August 2010 referendum, 67 percent of voters approved
a new constitution, which provides for a bill of rights and reforms the
electoral system, administration of land, and judiciary. The new
constitution provides parliamentary representation for women, youth,
persons with disabilities, ethnic minorities, and marginalized
communities. Implementation of constitutional reforms continued during
the year, although full implementation was expected to take years.
Elections and Political Participation.--Recent Elections.--In 2007
the country held local, parliamentary, and presidential elections.
Observers judged the parliamentary and local elections to be generally
free and fair. In the presidential election, incumbent 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, Western, and
Coast provinces. Approximately 1,150 persons were killed and more than
350,000 displaced between December 2007 and February 2008.
A mixed Kenyan-international commission appointed in 2008 to
evaluate the elections found that the results were ``irretrievably
polluted.'' The commission also reported that the election results, and
especially the presidential election results, lacked integrity. 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.
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 tallying
irregularities by the Election Commission of Kenya (ECK) in Nairobi
undermined the credibility of the ECK.
During the campaign 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 generally did not interfere with party campaign
activities. 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. In accordance with the National Accord, the ECK was
abolished in 2008 and replaced in 2009 by the Interim Independent
Electoral Commission (IIEC). In 2009 the IIEC conducted two
parliamentary by-elections, which international observers deemed free
and fair, although there were problems with the voter registry and
bribery of voters.
During the year several by-elections were held, all of which were
peaceful and undisputed.
Political Parties.--There were numerous political parties. In the
2007 elections, 117 parties with 15,332 candidates competed in local
elections; 138 parties with 2,548 candidates competed in parliamentary
elections; and nine parties nominated presidential candidates. The
Political Parties Act, which came into effect in November 2010, sets
stringent conditions for political parties but does not discriminate
against any particular party.
Participation of Women and Minorities.--Women's participation in
electoral politics remained low; however, a record number of female
candidates ran for parliament and local office in 2007, despite
harassment and attacks. Women constituted 10 percent of all
parliamentary candidates.
The new constitution provides for the representation in parliament
of ethnic minorities; however, implementation posed hazards. The
political system was characterized by alliances and hardened divisions
among ethnic groups and subgroups. A political gain by one group was
often perceived as a loss by other ethnic groups and, as evidenced by
the postelection violence in 2007 and 2008, could trigger violence.
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. Since
President Kibaki assumed office in 2002, despite numerous scandals, no
top officials have been prosecuted successfully for corruption. The
World Bank's 2010 Worldwide Governance Indicators indicated that
corruption was a severe problem.
In September President Kibaki signed into law the Ethics and Anti-
Corruption Commission Act, which replaced the KACC with the Ethics and
Anti-Corruption Commission (EACC). The new law expands the mandate of
the EACC from investigation of corruption to developing and enforcing a
code of ethics for public officials. Both the KACC and the EACC
attracted significant public attention to corruption issues, but
without complementary actions to punish perpetrators. Critics charged
that despite significant financial support from the government, the
KACC accomplished little and sometimes was used by the government to
harass critics. By contrast, other observers believed the KACC was
replaced by the EACC (and its director Patrick Lumumba abruptly
dismissed) because the KACC was too aggressive in its investigations of
high-level corruption. Like the KACC, the EACC lacked prosecutorial
authority, which remained with the director of public prosecutions,
whose office became independent of the Office of the Attorney General
as a result of the new law. At year's end the EACC had not finalized
recruitment of its senior leadership, effectively halting ongoing
investigations by its staff.
Between July 2010 and June 30, the KACC recommended 113 cases for
prosecution to the attorney general, who accepted the recommendation in
95 of these cases. Most of these cases involved mid- or low-level
officials, reinforcing the notion that corruption at the highest levels
went unchecked. Of 7,106 reports of alleged corruption reviewed by the
KACC, 1 percent involved ministers or assistant ministers, and 6
percent involved senior officials such as permanent secretaries.
Widespread corruption existed at all levels of the legal system.
Bribes, extortion, and political considerations influenced the outcomes
in large numbers of civil cases.
Although police corruption was endemic, authorities rarely arrested
and prosecuted officers for corruption or criminal activities. During
the year the KACC investigated police officers suspected of accepting
bribes, benefiting from fraudulent expense reports at a training
college, and participating in multiple irregular land acquisitions.
There were no reported arrests by year's end. The KACC participated in
a vetting panel for police officers in July. It was unclear whether the
new EACC would continue to play a role in monitoring recruitment and
supervision of police officers.
In July the auditor general reported that approximately seven
billion shillings ($82 million) was unaccounted for in government
ministries. The Ministry of Public Health and Sanitation topped the
list, with nearly 3.7 billion shillings ($43 million) in unsupported
expenditures. The Mars Group Kenya, a local anticorruption NGO, joined
the KACC during the year to assist in the investigation of revenue
leakages.
In September prosecutors charged eight persons--including the son-
in-law of Charity Ngilu, the minister of water and irrigation, and the
husband of Cecily Mbarire, the assistant minister of tourism--with
embezzling 26 million shillings ($300,000) from the Ministry of Water
and Irrigation through irregular procurement practices.
An internal forensic audit of the Ministry of Education during the
year indicated that it had misappropriated 4.2 billion shillings ($46
million), including some donor funds meant for the country's free
primary education program. The KACC completed investigations into
embezzlement and irregular disbursements by several ministry officials,
including former permanent secretary Karega Mutahi. In July the Police
Criminal Investigation Department launched an investigation, although
no charges had been announced by year's end.
There were ongoing corruption investigations at the ministries of
Roads, Energy, Immigration, Sports and Youth Affairs, Special Programs,
Land, and the Constituency Development Funds.
There were developments in corruption cases from previous years.
In April the Parliamentary Committee on Lands and Natural Resources
exonerated Minister Ngilu of allegations of corruption and nepotism
leveled by a former assistant minister.
In August William Ruto, a former minister of higher education, was
cleared of charges when many of the prosecution's witnesses failed to
appear. The KACC continued to investigate the acquisition of land for a
Kenyan embassy in Tokyo and cooperated with the Japanese government to
collect documentary evidence.
The new constitution provides citizens with access to information
held by the state and requires the state to publish and publicize
important information affecting the nation, and the government took
steps to implement those provisions during the year. In June the
government launched Kenya Open Data, a Web site containing selected
data from the national census and on government expenditures,
parliamentary proceedings, and public service locations. The government
spokesman's briefings were televised, and parliamentary debates were
broadcast live on television and radio. Nevertheless, important reports
regarding major corruption scandals from the last decade were not
released to the public, and it was unclear how the public would be
included in the process of crafting the national budget, as required by
the new constitution.
There is no freedom of information law, but some government
information was available on the Internet.
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, the government
generally ignored the recommendations of the U.N., other international
bodies, and NGOs if such recommendations were contrary to government
policies. There were reports that officials intimidated NGOs and
threatened to disrupt their activities, and that provincial
administrators and security forces interfered with less-established
NGOs, particularly in rural areas. Human rights activists claimed that
security agencies conducted surveillance of their activities.
Approximately 15 domestic organizations advocated for human rights
in the country, 14 of which were independent of the government. The
Kenya Human Rights Commission and IMLU produced reports cataloguing
human rights abuses.
Several NGOs maintained comprehensive files on local human rights
abuses. A number of attorneys represented human rights advocates
without compensation, although they were concentrated in urban areas
and could handle the cases of only a small percentage of those who
needed assistance. 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.
In May Ken Wafula, a human rights activist and director of the
Center for Human Rights and Democracy, was released from custody for
lack of evidence. Wafula had been charged with disobedience and
publishing inciting materials for his 2009 reporting on the clandestine
arming of communities in the Rift Valley with the support of government
officials.
Human rights workers were abducted during the year. For example, in
September a Kenyan driver for the NGO CARE was abducted from the
outskirts of the Hagadera camp and taken to Somalia, where he remained
in custody at year's end.
According to the 2011 Annual Report of the Observatory for the
Protection of Human Rights Defenders, since December 2010 at least five
human rights defenders who assisted with the ICC investigation into
postelection violence were forced to relocate after being threatened. A
sixth received anonymous telephone threats during the year. The
observatory added that the offices of human rights organizations that
provided information to assist with the ICC investigation were
vandalized. In some cases computers and hard drives were stolen.
Starting from mid-2010, human rights defenders working on other human
rights issues also were targeted and accused of working for the ICC,
even if it was not the case.
Information surfaced during the year that in April 2010 four
persons in civilian clothes arrested Kenneth Kirimi Mbae, a member of
the civil society organization Bunge la Mwananchi and local NGO Release
Political Prisoners (RPP). Until his release four days later, Mbae was
detained in an isolated house in Narok District, where he was
interrogated and beaten. The perpetrators also threatened sexual
violence against Mbae's wife. Mbae, whose injuries required medical
treatment, was interrogated about extrajudicial killings, RPP
activities with regard to Mount Elgon military operations, and the
sharing of information in 2009 with the U.N. special rapporteur (see
section 1.a.).
According to a separate report received during the year, in April
2010 George Nyongesa, a community organizer who worked for Bunge la
Mwananchi's Web site, received an anonymous telephone call threatening
to silence him if he did not close the Web site. Lawrence Maina, Web
site manager of the organization, received two similar phone calls.
In another report made available during the year, police in May
2010 dispersed approximately 200 persons attending a Bunge la Mwananchi
meeting being held in the Jeevanjee Garden in Nairobi. Four
participants were arrested but released without charge after arriving
at the police station.
U.N. and Other International Bodies.--The government permitted
visits by representatives of the U.N. and other international
organizations in connection with the investigation of abuses or
monitoring of human rights problems in the country.
Government Human Rights Bodies.--The KNCHR, which also produced
reports cataloguing human rights abuses, has in the past asserted
certain juridical powers by issuing summonses, ordering the release of
prisoners, and requiring compensation for human rights abuses. However,
the government routinely ignored the KNCHR's summonses and orders (see
section 1.e.).
The Truth, Justice, and Reconciliation Commission, established in
2009 to investigate politically and ethnically motivated human rights
abuses since independence, collected statements and held public
hearings across the country during the year (see section 1.c.).
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, and discrimination against women, lesbian,
gay, bisexual and transgender (LGBT) persons, individuals with HIV/
AIDS, persons with disabilities, ethnic groups, and persons suspected
of witchcraft was a problem. There was also evidence that some
government and opposition officials tolerated, and in some instances
instigated, ethnic violence. The law criminalizes homosexual activity.
Women.--Rape and Domestic Violence.--The law criminalizes rape,
defilement, and sex tourism; 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 criminalizes
false claims of sexual assault deterred the reporting of sexual
offenses.
Police statistics for 2010 indicated 3,200 cases of gender-based
violence, including 785 rapes, up from 2,800 cases reported in 2008;
statistics for 2009 were unavailable. Human rights groups, however,
estimated that the actual number of rapes and other cases of gender-
based violence was much higher. The rate of reporting and prosecution
of rape remained low because of the police practice requiring that
victims be examined by a police physician; cultural inhibitions against
publicly discussing sex, particularly sexual violence; survivors' fear
of retribution; police reluctance to intervene, especially in 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.
National guidelines on the management of sexual violence--including
the handling of forensic evidence, postrape care, and victim support--
were promulgated in 2009, but implementation mechanisms remained weak.
Police procedures in handling cases of rape and sexual assault
created substantial barriers to the investigation and prosecution of
suspected perpetrators. In addition to requiring those who allegedly
experienced sexual assault to be examined by a police physician prior
to the initiation of an investigation, police prosecutors also required
the same physician to testify during trial. However, 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 unavailable to conduct exams, and
frequently failed to appear in court. Police also lacked the facilities
to preserve forensic evidence. 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 a police physician.
The government did not investigate or prosecute reported incidents
of widespread sexual violence following the disputed election in 2008.
Domestic violence against women was widespread but often condoned
by society and seldom addressed in 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. NGOs,
including the Law Society of Kenya and FIDA, provided free legal
assistance to some victims of domestic violence. In 2010 FIDA reported
that 83 percent of women and girls in the country reported one or more
episodes of physical abuse.
Harmful Traditional Practices.--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, prominent and educated women sometimes
were victims.
Sexual Harassment.--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.
Reproductive Rights.--Subsidized contraception options, including
condoms, birth control pills, and long-acting or permanent methods,
were widely available to both men and women throughout the country,
although access was more difficult in rural areas. An estimated 30
percent of women between the ages of 15 and 49 used a modern method of
contraception. Skilled obstetric, prenatal, and postpartum care was
available in major hospitals, but many women were unable to access or
afford these services. In 2009 an estimated 44 percent of births were
attended by skilled health personnel. According to U.N. estimates, the
maternal mortality ratio in 2009 was 488 deaths per 100,000 live
births. Access to family planning and reproductive health services was
impeded by sociocultural beliefs and practices, lack of female
empowerment, lack of male involvement, poverty, and poor health
management systems.
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.
Discrimination.--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. 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. Even prominent and educated women sometimes
suffered from property and inheritance discrimination. 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.
Children.--Birth Registration.--Citizenship is determined by the
citizenship of the parents, and either parent may transmit citizenship.
Births often were not registered in rural areas, where community elders
rather than official entities were considered the legitimate
authorities in family matters. Lack of official birth certificates
resulted in discrimination in delivery of public services, such as
education and health care.
Citizens are required to obtain identity cards when they turn 18
years of age. Identity cards are required to obtain public services and
exercise voting rights. Since identity card applications require
tracing lineage through male relatives, children born out of wedlock--
and children born of married mothers who retained their maiden names--
had difficulty obtaining identity cards unless they could provide the
identity documents of a male relative.
Education.--Education was free and compulsory through age 13.
Secondary enrollment was limited to students who obtained high scores
on standardized primary exams. Rural families were more reluctant to
invest in educating girls than boys, particularly at higher levels.
Between the ages of 12 and 14, girls generally dropped out of school at
a higher rate than boys due to the lack of sanitary facilities at
schools and the general family preference to focus limited resources on
the education of sons. In 2008 UNICEF reported that nine of 10 children
from poor households failed to complete primary education. In 2008 the
Ministry of Education estimated that 80,000 children dropped out of
school annually due to forced marriages and child labor. The government
ordered provincial administrators to arrest parents who did not send
their children to school. However, this law was not enforced uniformly.
In 2008 the Center for the Study of Adolescence reported that
between 10,000 and 13,000 girls dropped out of school annually due to
pregnancy. While the law provides 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 or transferred them to other schools.
Child Abuse.--Violence against children, particularly in poor and
rural communities, was a common occurrence, and child abuse,
particularly sexual abuse, was a problem. Child rape and molestation
continued to be serious problems. Police reported that 1,626 children
were defiled (defined as a sexual act with a child involving
penetration) in 2008. The law establishes a minimum sentence for
defilement of life imprisonment if the child is less than 11 years old,
20 years in prison if the child is between ages 11 and 16, and 10 years
if the child is between ages 16 and 18. Newspapers contained frequent
reports of molestation or rape of children by relatives, neighbors,
teachers, police, and clergy. In 2006 the NGOs The CRADLE and Care
Kenya reported an increase in child sexual abuse and a decrease in the
age of the youngest victims. The most vulnerable victims were girls
under age 18 and boys ages three to eight. Most child abusers were
neighbors, fathers, and other relatives. Teachers were the most
frequent perpetrators by profession, with pastors and police officers
following closely.
The Teachers Service Commission reported that more than 160 cases
of sexual misconduct were filed against teachers across the country for
a reporting period ending in 2011; however, cases prosecuted were
considered a fraction of actual abuses. A report released in 2009 by
the Teachers Service Commission found that 12,660 female students were
sexually abused by teachers from 2003 to 2007.
The government has banned corporal punishment in schools; however,
there were reports that corporal punishment occurred throughout the
year.
Child Marriage.--Newspapers frequently highlighted the problem of
child marriage, which was commonly practiced among some ethnic groups.
According to UNICEF, 25 percent of young women were children when they
married. 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.
Harmful Traditional Practices.--In September the government passed
a law making it illegal to practice FGM, procure the services of
someone who practices FGM, or send a person out of the country to
undergo the procedure. The new law also makes it illegal to make
derogatory remarks about a woman who has not undergone FGM. Although
the new law was praised by NGOs and others opposed to FGM, FGM was
practiced widely, particularly in rural areas. FGM usually was
performed at an early age. According to UNICEF, one-third of women and
girls between the ages of 15 and 49 had undergone FGM. Of the country's
42 ethnic groups, only four (the Luo, Luhya, Teso, and Turkana, who
together constituted approximately 25 percent of the population) did
not traditionally practice FGM. In 2008 the Ministry of Gender and
Children's Affairs reported that 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). Government officials often participated in
public awareness programs to prevent the practice.
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.
Media reports indicated that discrimination against uncircumcised
boys continued.
Sexual Exploitation of Children.--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. Nevertheless, children were subject to
sexual exploitation and were victims of trafficking.
The Ministry of Gender, Children's Affairs, and Social Development
and the NGO Eradicate Child Prostitution in Kenya estimated that 30,000
children were exploited in the sex industry every day. Prostitution
sometimes was initiated by parents.
Child prostitution has increased in recent years due to 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. Child prostitution was prevalent in Nairobi,
Kisumu, Eldoret, Nyeri, and the coastal areas. UNICEF estimated that
between 10,000 and 15,000 girls were engaged in prostitution in the
coastal areas alone. 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 continued to uphold the NGOs
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. As part of a new tourism bill, the Tourism
Regulatory Authority was established in September to oversee hotels,
villas, and cottages, ensuring their adherence to the code of conduct.
Child Soldiers.--Although there were no reports that the government
recruited child soldiers, there were reports that children participated
in ethnically based militia activity perpetrated by groups such as al
Shabaab. There also were reports that the Mungiki gang recruited young
boys from schools.
Displaced Children.--Poverty and the spread of HIV/AIDS continued
to intensify the problem of child homelessness. 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. 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. Each beneficiary received
3,000 shillings ($34) per month.
International Child Abductions.--Kenya is not a party to the 1980
Hague Convention on the Civil Aspects of International Child Abduction.
Anti-Semitism.--The Jewish community was very small, and there were
no reports of anti-Semitic acts.
Trafficking in Persons.--See the Department of State's Trafficking
in Persons Report at http://state.gov/j/tip.
Persons With Disabilities.--The law prohibits discrimination
against persons with physical or mental disabilities in employment,
education, access to health care, or the provision of other state
services; however, the government did not effectively enforce these
provisions. The law provides that persons with disabilities should have
access to public buildings, and some buildings had wheelchair ramps and
modified elevators and restrooms; however, the government did not
enforce the law, and new construction often did not include
accommodations for persons with disabilities.
There was limited societal awareness regarding persons with
disabilities and significant stigma attached to disability. Learning
and other disabilities not readily apparent were not widely recognized.
NGOs reported that persons with disabilities had limited opportunity to
obtain education and job training at all levels due to lack of
accessibility to facilities and resistance on the part of school
officials and parents to devoting resources to students with
disabilities. The KNCHR reported that fewer than 10 percent of children
with special needs were enrolled in school and that no curriculum
existed for teaching children with learning disabilities.
The KNCHR charged that the Kenya National Examination Council
failed to provide adequate testing facilities and resources for
students with disabilities. The council claimed that it provided exams
in Braille and in large print for visually impaired candidates and gave
them 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.
There were significant barriers to accessing health care by persons
with disabilities. They had difficulty obtaining HIV testing and
contraceptive services, due to the perception that they did not or
should not engage in sexual activity.
According to testimony provided to the KNCHR in Embu town during
the year, pregnant women with disabilities encountered harsh treatment
in maternity wards. Nurses demanded to know how they became impregnated
and questioned their right to bear children. Mute mothers claimed that
hospital staffs ignored them during delivery. Other unconfirmed reports
indicated that hospital staffs performed--or tried to perform--tubal
ligations on mothers with disabilities without informing them. Other
expectant mothers with disabilities were sent away from hospitals for
not having pads, cotton wool, or the fee of 2,000 shillings ($23)
required for delivery.
Few facilities provided interpreters or other accommodations to the
deaf or those with hearing disabilities. The government assigned each
region a sign-language interpreter for court proceedings. Nevertheless,
cases of persons who were deaf or had hearing disabilities were often
delayed or forced to adjourn due to the lack of standby interpreters,
according to an official with the Deaf Outreach Program.
During the year the Kenya Society for the Mentally Handicapped
(KSMH) sued the government for improperly excluding persons with mental
disabilities from the most recent budget allocations for persons with
disabilities. In August a court temporarily halted the allocation of
such funds as a consequence of the lawsuit, and the case continued at
year's end.
Not all polling stations were equipped with accommodations for
persons with disabilities. However, during the most recent by-elections
KSMH and the Disabled Voters of Kenya Alliance worked closely with the
IIEC to ensure that all persons were able to cast their votes.
The Ministry of Gender, Children, and Social Development is the
lead ministry for implementation of the law to protect persons with
disabilities. The parastatal National Council for Persons with
Disabilities assisted the ministry. Neither entity received sufficient
resources to effectively address issues related to persons with
disabilities.
Societal discrimination continued against persons with albinism,
many of whom left their home villages due to fear of persecution and
moved to urban areas where they believed they were safer. According to
the International Federation for the Red Cross and Red Crescent
Societies, numerous persons with albinism abandoned their villages and
went into hiding between 2007 and 2009. Persons with albinism were
attacked for their body parts, which were thought by some to confer
magical powers and which could be sold for significant sums. Since 2007
at least seven persons with albinism were killed, the most recent
killing occurring in December 2010. In August 2010 a man was arrested
for attempting to sell a person with albinism for $250,000. In 2010 the
minister of planning promised to carry out a census of persons with
albinism and provide them with sunscreen. However, the government
offered little health care or other support. Due to societal
discrimination, employment opportunities for persons with albinism were
limited.
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
2010 revealed that the major ethnic communities were: Kikuyu, 6.6
million; Luhya, 5.3 million; Kalenjin, 5 million; Luo, 4 million;
Kamba, 3.9 million; Kenyan Somali, 2.3 million; Kisii, 2.2 million; and
Mijikenda, 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.
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 has become fairly common in urban areas.
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, which at times resulted in death. For example, during
the year cattle rustling was rampant, and several persons were killed
in Isiolo and Turkana in connection with cattle raids and
counterattacks.
Between October 13 and 18, at least 14 persons were killed as a
result of interethnic fighting in Isiolo over pasture and water. On
October 14, seven persons were shot and killed in Tractor village,
Ngaremara Division, in Isiolo. According to local media reports, the
dead included two 12-year-old children, who were dragged out of their
huts and shot as their parents watched. Insecurity in the region
resulted in the closure of at least six schools. Several teachers from
the Borana, Somali, and Meru communities in Isiolo received death
threats and were transferred. In response the government deployed
hundreds of security officers to the area in pursuit of the attackers,
but no arrests were made by year's end.
In response to armed incursions and kidnappings conducted from
Somali territory, in October Kenyan military forces entered southern
Somalia to conduct operations against al Shabaab forces. In conjunction
with these operations, the government launched internal security
measures inside Kenya to counter suspected al Shabaab militants and
sympathizers. Kenyan citizens, including Muslims and those of Somali
ethnic origin, were generally supportive of these efforts; however,
abuses occurred. For example, HRW reported that on November 11, after
an attack by suspected al-Shabaab militants in Garissa, security forces
picked up people who looked Somali, beat them, and forced them to sit
in dirty water while interrogating them. After an improvised explosive
device exploded in the same area on December 12, police and soldiers
rounded up and beat Kenyans of Somali origin over the next three days,
according to HRW. After grenade attacks occurred at a bus stop and bar
in Nairobi in October, general public hostility against urban Somali
refugees in Nairobi and Kenyans of Somali ethnic origin increased. The
perception that Kenyan citizens of Somali origin were
disproportionately successful in business contributed to public
hostility.
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 consensual same-sex sexual activity and specifies a maximum
penalty of 14 years' imprisonment. A separate statute specifically
criminalizes sex between men and specifies a maximum penalty of 21
years' imprisonment. Police detained persons under these laws,
particularly suspected sex workers, but released them shortly
afterward. There were no reported prosecutions of individuals for same-
sex sexual activity during the year.
LGBT advocacy organizations, such as the Gay and Lesbian Coalition
of Kenya (GALCK), were permitted to register and conduct activities.
However, societal discrimination based on sexual orientation was
widespread and resulted in loss of employment and educational
opportunities. Violence against the LGBT community also occurred,
particularly in rural areas and among refugees. NGO groups reported
that police intervened to stop attacks but were not generally
sympathetic to LGBT individuals or concerns.
During the year an LGBT group in Mombasa relocated its offices to a
more secure location and advised its members to maintain a low profile
when coming to the group's office to avoid attack.
According to the 2011 Annual Report of the Observatory, in February
2010 religious leaders in Mtwapa issued antigay statements and demanded
the closure of the Kenya Medical Research Institute, which conducts
research and provides treatment to persons with HIV/AIDS. Crowds
subsequently attacked the center and beat one of its volunteers. Other
volunteers were taken into police protective custody. All were released
without charge, but none of the attackers was arrested.
On two occasions in 2010, Denis Karimi Nzioka, GALCK's public
relations officer and a writer on LGBT issues, was forced to move from
his home by neighbors who said they knew he was gay. Nzioka was also
targeted by unknown persons on the streets who threatened him with
violence or death.
Unlike in previous years, no anti-LGBT publicity campaigns were
conducted; however, sensational reporting often inflamed societal
prejudices.
Other Societal Violence or Discrimination.--Societal discrimination
against persons with HIV/AIDS was a problem. 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. Violence against persons with HIV/AIDS
occurred.
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.
Mob violence and vigilante action were common and resulted in
numerous deaths. Most victims were persons suspected of criminal
activities, including theft, robbery, killings, cattle rustling, and
membership in criminal or terrorist gangs. Human rights observers
attributed vigilante violence to a lack of public confidence in police
and the criminal justice system, in which assailants evaded arrest or
bribed their way out of jail. The social acceptability of mob violence
also provided cover for acts of personal vengeance, including settling
land disputes.
On September 27, a mob killed three men who had failed in a robbery
attempt.
Mobs also attacked persons suspected of witchcraft or participation
in ritual killings, 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 May a mob killed a man and his wife and burned their home in
Nyahera Village after the mutilated body of a boy was found, and the
mob attributed the death to the couple's suspected involvement in
witchcraft. Police at the scene did not intervene to prevent the
attack. No action was taken by year's end.
Section 7. Worker Rights
a. Freedom of Association and the Right to Collective Bargaining.--
The law provides that all workers, including those in the export
processing zones (EPZs), are free to form and join unions of their
choice. Any seven or more workers 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
new constitution no longer explicitly prohibits members of the armed
forces, police, prisons service, and the administration police from
forming or joining unions. However, it permits legislation that does
so, a reference to the 2007 Labor Relations Act which continued in
effect.
The law permits workers in collective bargaining disputes to strike
but requires the exhaustion of formal conciliation procedures and seven
days' notice to both the government and the employer. The law permits
the government to deny workers the right to strike under certain
conditions. For example, members of the military, police, prison
guards, and the National Youth Service are prohibited from striking.
Other civil servants are allowed to strike following the seven-day
notice period. The Ministry of Labor typically referred disputes to
mediation, fact-finding, or binding arbitration at the Industrial
Court, a body of up to five judges appointed by the president. During
mediation any strike is illegal, thus removing legal prohibitions on
employer retaliation against strikers. In addition a Ministry of Labor
referral of a dispute to the conciliation process nullifies the right
to strike.
The law provides the right of collective bargaining to every trade
union, employer's organization, and employer. Workers in the military,
prisons, and the National Youth Service, however, do not have this
right. The law also provides that collective labor disputes must first
undergo conciliation, although conciliation is not compulsory in
individual employment matters. 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, rather than unions, which negotiate wages and
conditions that match the government's minimum wage guidelines.
The law allows employers in some industries to dismiss workers
regardless of the provisions of their collective bargaining agreements.
The new constitution's bill of rights allows trade unions to undertake
their activities without government interference.
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 antiunion discrimination and provides for
reinstatement for workers dismissed for union activity. The Industrial
Court can order reinstatement and damages in the form of back pay for
employees wrongfully dismissed for union activities. All labor laws are
supposed to apply to all groups of workers. In practice, however,
migrant workers often lacked formal organization and consequently
missed the benefits of collective bargaining. Similarly, domestic
workers, commercial sex workers, and others who operated in private
spaces were vulnerable to exclusion from legal protections.
The government voiced its support for union rights as mandated in
the constitution. However, because of human and material resource
constraints, it did not effectively protect these rights. Freedom of
association and the right to collective bargaining were generally
respected in practice. Worker organizations were independent of both
the government and political parties. Civil servants were active
members of worker organizations. During the year police arrested union
leaders and threatened them for defending the rights of workers on tea
plantations. At year's end none of the country's security forces had
joined unions, although the Central Organization of Trade Unions (COTU)
continued to advocate on their behalf for this right. 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 were
ineffective in compelling employers to comply with the law. The
government continued to encourage a strengthened labor dispute system,
but the decisions of the Industrial Court were not consistently
enforced. The Industrial Court moved very slowly and the number of
cases filed increased, as a result of the new labor laws. The result
was a significant backlog that prevented timely decisions in the
majority of cases. This resulted in fewer cases being referred to the
Ministry of Labor. In any event, union leaders reported that employers
did not comply with the court's reinstatement orders, and workers
accepted a payment in lieu of reinstatement. In several cases employers
successfully appealed the industrial court's decisions to the High
Court. The enforcement mechanisms of the Industrial Court remained
weak. The majority of cases were filed directly by the parties without
referring them to the Ministry of Labor for conciliation.
Some antiunion discrimination occurred, including in garment plants
in the EPZs. Employers fired workers for participating in trade union
activities, especially in EPZs. The COTU reported more than 1,000 cases
across various sectors in which employers fired workers for
participating in union activities. Discrimination also occurred outside
EPZs, especially in urban areas, although there were also reports that
managers on flower farms fired workers and insisted that they not join
unions. There were also many reports that workers in Nairobi's
industrial zone were arbitrarily dismissed.
During the year NGOs and trade unionists reported a growing trend
toward 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
it with rotating contract workers. This practice occurred at the
management level as well, where employers hired individuals as
management trainees and kept them in this position for the maximum
permitted period of three years. Then, instead of converting the 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. Casual employment continued to grow, accounting for 32
percent of total wage employment for the most recent period for which
figures were available. This trend continued to increase across
sectors.
The majority of strikes were in the plantation and agricultural
sectors, due to issues related to delay in collective bargaining
agreements, deduction of bonuses, salary increments, and other
grievances. The other sectors affected were engineering, food
manufacturing, shipping, and warehousing.
On February 28, police used tear gas to disperse hundreds of
protesting dock workers who threatened to disrupt a workshop on the
privatization of the Kenya Ports Authority. The Dockworker's Union was
demanding the preservation of key jobs for its members and the
surrounding coastal communities. The union was also demanding the
firing of the minister of transportation and adequate consultation
among all stakeholders to inform the privatization process. Grievances
included employers' failure to apply a mandated wage increase, a lack
of employer-provided protective gear, denial of maternity leave, poor
working conditions, and long working hours without transportation to
residential areas.
b. Prohibition of Forced or Compulsory Labor.--The constitution and
law prohibit forced labor, bonded labor, slavery, and indentured
servitude, including by children. However, such forced labor practices
occurred. During the year there were reports of forced labor and forced
child labor in domestic service, street vending, child prostitution,
subsistence and commercial agriculture, and mining. Forced child labor
primarily occurred in the informal sector. Some children were subjected
to debt bondage or prostitution and were trafficked for commercial
sexual exploitation and labor. Women and men also were trafficked for
commercial sexual exploitation and labor. Commercial sexual
exploitation was widespread, particularly in the coastal areas.
Also see the Department of State's Trafficking in Persons Report at
http://state.gov/j/tip.
c. Prohibition of Child Labor and Minimum Age for Employment.--The
law prohibits the employment of a child (defined as a person under age
18) in any activity that constitutes a worst form of child labor or
that would prevent children under age 16 from attending school.
Children under age 13 are prohibited from working, and the government's
policy of free and compulsory education through age 13 continued to be
one of the most successful means to combat child labor. Children
between ages 13 and 16 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 home without parental approval, and
permission to work in a bar, hotel, or restaurant requires renewed
consent annually from the labor commissioner. The law provides fines of
up to 200,000 shillings ($2,350) and/or imprisonment for up to 12
months for employing children in such activities.
Despite legal restrictions, child labor was widespread,
particularly in the informal sector, where children often worked in
hazardous conditions, including in subsistence agriculture, fishing,
and on small-holder and family farms. Child labor was no longer
widespread on commercial farms. Children also worked as domestic
servants. An estimated one million children between five and 17 years
of age--most between ages 13 and 17--worked.
The 2005 Kenya Integrated Household Budget survey indicated that
951,273 children under age 18 were employed: 79.9 percent worked in
agriculture (coffee, tea, rice, sisal, sugar, tobacco, and miraa--a
stimulant plant) and 11.6 percent worked in domestic services. While
there were no recent official statistics, the Ministry of Gender,
Children, and Social Development and NGOs focused on child labor
problems. There was increased attention to this problem after the
number of children engaged in child labor rose sharply to an estimated
2 million children. Anecdotal evidence suggested that with the
difficult economic times, child labor increased in 2011. The increase
was attributed to increasing economic hardship, with families relying
more on children to earn wages to support the household. During the
year drought, inflation, and other economic conditions continued to
drive children into the labor market. The employment of children in the
formal industrial wage sector in violation of the Employment Act was
rare. Children worked primarily in the informal sector, which was
difficult to monitor and control.
Many children worked on family plots or in family units on tea,
coffee, sugar, sisal, tobacco, and rice plantations. Children also were
used in the production of flowers and miraa. 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. Parents
sometimes initiated forced or compulsory labor by children, such as
agricultural labor, prostitution, and domestic servitude. During the
year there were reports that children participated in ethnic-based
militia activity (see section 6).
The Ministry of Labor nominally enforced the minimum age statute.
The ministry remained committed to enforcing the statute, but
implementation remained problematic due to resource constraints.
The government worked closely with the COTU and the International
Labor Organization to eliminate child labor. The government continued
to use its 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. The Interministerial
Coordination Committee on Child Labor, chaired by the minister for
gender, children, 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.
In 2010 the Child Protection Department employed a total of 500
children's officers, including 50 new officers. During the year the
government continued to increase the number of such officers, yet its
protection capacity remained limited. Fifty new officers were hired
during the 2010-11 fiscal year. The government's cash transfer program
for orphans and vulnerable children covered 47 districts and reached an
estimated 100,000 beneficiaries. It was cofunded by the government and
development partners. The beneficiaries each received 3,000 shillings
($34) per month. There were an average of three orphans and vulnerable
children in each beneficiary household who directly benefitted from the
program.
Also see the Department of Labor's Findings on the Worst Forms of
Child Labor at http://dol.gov/ilab/programs/ocft/tda.htm.
d. 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 minimum standards for
monthly, daily, and hourly work in each category.
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 personnel
with sufficient expertise to gain the respect of industry. On May 1,
the government raised the minimum wage by 12.5 percent. 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 increased to 7,586 shillings ($85) per
month, and the lowest agricultural minimum wage for unskilled employees
was increased to 3,765 shillings ($44) per month, excluding housing
allowances. Many employers did not follow the authority's
recommendations. 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 from such limitations. An
employee in the nonagricultural sector is entitled to one rest day per
week and 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).
Labor laws require two weeks' paternity leave, three months' maternity
leave with full pay, and compensation for both public and private
employees for work-related injuries and diseases.
While employees in the public sector enjoyed the benefits of
paternity/maternity leave and workplace compensation, those in the
private sector did not fully enjoy such benefits. Many employers did
not allow paternity leave, but most respected the maternity leave
provisions of the law. However, in 2008 private employers challenged
the workers' compensation provisions in court. At year's end the case
continued.
Workweek and overtime violations also 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 employers bribed some government labor
inspectors 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.
The law details environmental, health, and safety standards. Fines
generally were too low to deter 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. 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 have an internal health and
safety committee with representation from workers. Workers, including
foreigners and immigrants, theoretically have the right to remove
themselves from situations that endanger health or safety without
jeopardy to their employment. The Ministry of Labor did not effectively
enforce these regulations, and despite the law, workers were reluctant
to remove themselves from working conditions that endangered their
health or safety due to risk of losing their jobs.
The DOHSS employed 79 inspectors, far short of the 168 reportedly
needed to inspect factories adequately and enforce its safety and
health orders. No new inspectors reportedly have been hired since 2007.
There continued to be widespread hazards, such as lack of basic safety
equipment and emergency escape routes in many companies. During the
year violations of health and safety conditions were found routinely in
the EPZs and other sectors, such as small horticultural producers.
According to the government, many of the largest factories had
instituted health and safety committees by year's end.
__________
LESOTHO
executive summary
Lesotho is a constitutional monarchy. 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 most recent elections in 2007, the governing Lesotho
Congress for Democracy (LCD) party retained a majority of seats in
parliament; domestic and international observers characterized the
election as generally free and peaceful. However, some members of the
leading opposition parties and nongovernmental organizations (NGOs)
claimed it was not entirely fair. Security forces reported to civilian
authorities.
Torture and physical abuse by police, poor prison conditions, and
abuse of spouses and children were the most important human rights
problems in the country.
Other human rights problems included lengthy pretrial detention and
long trial delays and stigmatization of persons with HIV/AIDS. Societal
abuses included sexual abuse, stigmatization of persons with
disabilities, mob violence, human trafficking, and child labor.
The government occasionally took steps to prosecute officials who
committed abuses, whether in the security services or elsewhere in the
government; however, impunity sometimes occurred.
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.
b. Disappearance.--There were no reports of politically motivated
disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--Although the constitution and law expressly prohibit such
practices, local media reported instances of police torture and abuse.
Police reportedly tortured suspects in custody. During the first
eight months of the year, police stated that three persons died while
in their custody. For example, local media reported that on March 3,
Lithoteng police tortured Tseliso Thatjane, who was suspected of
stealing a television and a DVD player. Police arrested Thatjane's
wife, Masebabatso Thatjane, reportedly saying they would release her
only if Tseliso surrendered. Once he surrendered, police allegedly beat
him with a knobkerrie (traditional wooden club used in herding) and
repeatedly suffocated him with a plastic bag until he lost
consciousness. They also demanded a bribe of 500 maloti ($62) to
release him, which was paid. Tseliso filed a case demanding
compensation for wrongful arrest and torture, but the case did not move
forward as he chose not to pursue it.
Prison and Detention Center Conditions.--Prison conditions were
poor. Press reported that Maseru Central Prison experienced food
shortages. The Lesotho Correctional Service (LCS) authorities denied
any food shortages but acknowledged the quality of food given to
inmates had deteriorated.
The risk of HIV and other sexually transmitted diseases for
prisoners was high, and there were reports of prisoners (but not
guards) brutalizing or raping others. Some inmates contracted sexually
transmitted diseases in correctional facilities due to high incidences
of sexual assault and gang rape by other prisoners during the
``initiation'' of new inmates. The LCS employed a full-time HIV/AIDS
coordinator, and HIV testing, counseling, and treatment were available.
The LCS provided condoms in all adult male and juvenile facilities. HIV
prevalence among female prisoners was extremely high; according to LCS
nursing staff, three in five female prisoners were HIV-positive.
Many prison facilities were in disrepair, but efforts were made to
refurbish the Juvenile Centre and prisons in Maseru, Leribe, and Thaba
Tseka. Although potable water was available, sanitation was poor and
prison facilities lacked bedding. Proper ventilation or heating and
cooling systems did not exist, and some facilities lacked proper
lighting. Prisoners received free medical care from government
hospitals and were eligible to vote in elections. All prisons had a
nurse and a dispensary to attend to minor illnesses. Some correctional
facilities owned ambulances to transport inmates for emergency medical
care. Nine prisoners reportedly died in prison of various illnesses
during the year.
The LCS reported a total prison population of 1,762 (1,709 men and
53 women), a pretrial detainee population of 394 (384 men and 10
women), and juvenile population of 87 (68 boys and 19 girls). The
country's prisons had a combined capacity of 2,866. Juveniles were held
in different detention centers. Men and women were separated within
adult and juvenile facilities. High-security prisoners and military
prisoners were held in a separate facility. The law provides that
pretrial detainees and convicted prisoners be held in separate
facilities. In practice pretrial detainees and prisoners were placed
simply in separate cells.
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; however, no investigations were conducted during
the year.
Prison regulations provide for visiting committees made up of
principal chiefs, church ministers, representatives of the business
community, advocates of the court, and other citizens. The
International Committee of the Red Cross visited correctional
facilities in June.
The Office of the Ombudsmen handles complaints from the general
public, including prisoners. However, no report on prison complaints
was released during the year. Prison recordkeeping was considered
generally adequate. Authorities used community service and official
warnings as alternative sentences for nonviolent offenders.
According to prison officials, prison conditions for women were
better than for men; specifically, women did not face the same
overcrowding issues as men.
To improve prison conditions, the government renovated the Maseru
Central Prison, Juvenile Training Centre, Leribe Prison, and Thaba
Tseka Prison. Renovations included new water systems in cells, greater
electrification of prison facilities, and improved fencing.
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 Lesotho
Correctional Service (LCS). In law and in practice, the LMPS maintains
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.
Civilian authorities maintained effective control over the LDF,
LMPS, NSS, and LCS, and the Directorate on Corruption and Economic
Offences (DCEO) investigates and punishes abuse and corruption. There
were no reports of impunity involving the LDF, NSS, or LCS during the
year. There were isolated but unconfirmed reports of the LMPS acting
with impunity.
Arrest Procedures and Treatment While in Detention.--The law
requires police, based on sufficient evidence, to obtain a warrant of
arrest from the magistrate prior to making an arrest. During the 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. However, 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 are allowed prompt access to a lawyer, and lawyers are
provided for indigents in all civil and criminal cases. 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 reports of suspects detained incommunicado or held under
house arrest. The law provides that a suspect cannot be held in custody
for more than 90 days before a trial except in exceptional
circumstances.
Pretrial Detention.--Pretrial detainees constituted 16 percent of
the prison population. The average length of pretrial detention was 60
days, after which authorities usually released pretrial detainees on
bail pending trial. However, pretrial detention could last for months
due to judicial staffing shortages and unavailability of legal counsel.
Amnesty.--The government occasionally grants amnesties and early
releases on Moshoeshoe's Day, the King's Birthday, Independence Day, or
Christmas Day. During the year a total of 111 male prisoners and one
female prisoner were granted amnesty.
e. Denial of Fair Public Trial.--The constitution and law provides
for an independent judiciary, and the government generally respected
judicial independence in practice.
Trial Procedures.--Defendants are presumed innocent until proven
guilty. There is no trial by jury. Trials are public. 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; free
legal counsel is usually available, either from the state or a legal
NGO in all kinds of cases. Defendants may confront and question
witnesses against them and present witnesses on their own behalf.
Defendants are allowed to present evidence on their own behalf at the
Magistrate Court, but at the High Court legal representation is
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 constitution and law provide for the right to a fair trial, and
an independent judiciary generally enforced this right.
Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.
Civil Judicial Procedures and Remedies.--There is an independent
and impartial judiciary with jurisdiction over civil matters. Citizens
can freely access the court system to file lawsuits seeking cessation
of human rights violations or a recovery of damages. In some cases the
court has ruled in favor of citizen plaintiffs. There were no reports
the government failed to comply with decisions pertaining to human
rights.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The constitution and laws prohibit such actions, and
the government generally respected these prohibitions in practice.
Although search warrants are required under normal circumstances, the
law provides police with the power to stop and search persons and
vehicles as well as enter homes and other places without a warrant if
the situation is considered life threatening or if there are security
concerns. The law states that any police officer, rank of inspector and
above, can conduct a search on individuals or homes without a warrant.
The High Court awarded 100,000 maloti ($12,360) to retired LDF
brigadier Motlalentoa Kopo, who had been arrested by LDF members in
2007. The judgment stated the invasion of Kopo's home was both unlawful
and groundless and violated his fundamental right to privacy and family
life as guaranteed by the constitution.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--Status of Freedom of Speech and
Press.--The constitution and law provide for freedom of speech but do
not explicitly mention media freedom. The government generally
respected freedom of speech. An independent press, effective judiciary,
and functioning democratic political system combined generally to
promote freedom of the press; however, harassment of journalists, self-
censorship, and lawsuits by officials to silence criticism were
sometimes problems.
On August 17, the government reportedly interfered with the
transmissions of four privately owned radio stations to limit coverage
of protests that started on August 15.
Freedom of Speech.--There are no official restrictions on the
ability of individuals to criticize the government publicly or
privately or discuss matters of general public interest without
reprisal. The government did not impede criticism.
Freedom of Press.--The independent media were active and expressed
a wide variety of views without restriction. Multiple laws could be
invoked to control the media, but none was used during the year. The
constitution grants citizens the right to express themselves and to
obtain and impart information freely. However, since these rights are
guaranteed only as long as they do not interfere with ``defense, public
safety, public order, public morality, or public health,'' this
provision encouraged self-censorship.
Violence and Harassment.--While journalists were not subjected to
arrest, imprisonment, or physical attack, many reported being harassed.
Journalists reportedly were called to meetings by private businessmen,
where the journalists were threatened with legal action for publishing
critical articles.
Censorship or Content Restrictions.--On August 17, the government,
which controls all commercial radio transmitters in the country,
reportedly shut off the transmissions of four privately owned radio
stations it accused of fomenting unrest. The government acknowledged
the broadcasts were interrupted but claimed the interruption was a
technical error related to system upgrade.
Libel Laws/National Security.--Some journalists practiced self-
censorship as the occasional government official employed slander and
libel lawsuits against media outlets, editors, and journalists. For
example, in 2010 the prime minister filed a lawsuit at the High Court
against a local newspaper, claiming two million maloti ($247,000) for
defamation after the newspaper alleged that he had embezzled eight
million maloti ($1 million). At year's end the case was pending in
court.
In August Judge Maseforo Mahase of the Lesotho High Court sued
Harvest FM radio station for eight million maloti (one million dollars)
for defamation. She claimed that a program shown by the station on July
14 contained defamatory remarks about her. The case was pending at
year's end.
Internet Freedom.--There were no government restrictions on access
to the Internet or credible reports that the government monitored e-
mail or Internet chat rooms. Individuals and groups could express views
via the Internet. The Internet was not widely available and almost
nonexistent in rural areas, due to the lack of communications
infrastructure and high cost of access.
Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.
b. Freedom of Peaceful Assembly and Association.--The constitution
and law provide for the right to peaceful assembly. Protest marches and
gatherings were commonplace and regularly authorized by the government.
However, in August two leaders of a large protest organized by the
Coalition of Concerned Civic Organizations were arrested and charged
under the Public Meetings and Processions Act and Internal Security
Act. They were later released due to lack of evidence.
Twenty students of Limkokwing University appeared at the Magistrate
Court in November 2010 charged under the Public Meetings and
Processions Act following rioting that took place during a student
strike. The case was pending at year's end.
c. Freedom of Religion.--See the Department of State's
International Religious Freedom Report at http://state.gov/j/drl/rls/
irf.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution and law provide for
free movement within the country, foreign travel, emigration, and
repatriation. The government generally respected these rights in
practice.
The government cooperated with the Office of the U.N. High
Commissioner for Refugees and other humanitarian organizations in
providing protection and assistance to refugees, asylum seekers,
stateless persons, and other persons of concern.
Protection of Refugees.--Access to Asylum.--The country's laws
provide for the granting of asylum or refugee status, and the
government has established a system for providing protection of
refugees. The system is active and accessible, and no patterns of
discrimination were identified.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution and law provide the right for citizens peacefully
to change their government, and citizens exercised this right in
practice through periodic, free, and fair elections based on universal
suffrage.
Elections and Political Participation.--Recent Elections.--During
the most recent 2007 national elections, the ruling LCD party
maintained a legislative majority, claiming 61 of 80 constituency-based
seats in the National Assembly. Domestic and international observers
characterized the elections as generally free and peaceful. Other
observers, including members of the leading opposition parties and some
NGOs, stated they were not entirely fair. Their complaints included the
method of allocating proportional parliamentary seats, the legality of
appointing a leader of opposition when no opposition party controlled
the stipulated 25 percent minimum of seats, and the need to review the
electoral laws regarding the formation of alliances between parties.
After three years of mediation by several different parties, on March
9, the government and opposition parties resolved their differences on
the electoral laws and ended public arguments about the remaining
issues.
Political Parties.--There were no undue restrictions on political
parties. The Independent Electoral Commission (IEC) had registration
material on 23 political parties, but not all parties have
representation in parliament, and some are completely dormant.
Participation of Women and Minorities.--There are no laws
preventing women or minorities from voting or otherwise participating
in political life on the same basis as men or nonminority citizens. The
Local Government (Amendment) Act, 2010 provides for the allocation of
one-third of the seats in the municipal, urban, and community councils
to women. The National Assembly Electoral Act, 2011 also states that a
political party registered with the IEC must facilitate the full
participation of women, youth, and persons with disabilities. Party
lists for proportional representational seats must include equal
numbers of women and men.
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 three assistant ministers, and
five of 10 High Court judges were women.
Approximately 98.5 percent of the population is ethnic Basotho.
There were no members of minorities in the national assembly, senate,
or cabinet.
7ection 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 occasionally engaged in corrupt practices with impunity.
For example, on February 21, several government officials,
including Principal Secretary for Administration in the Prime
Minister's Office Kubutu Makhakhe, Administration Deputy Principal
Secretary Thato Masiloane, Director of Finance Marapelang Raphuthing,
acting Head of Procurement Manthabeleng Shai, and Procurement Officer
Lerato Moerane, were suspended for inflating the prices of government
purchases and favoring businesses closely associated to their families
and friends.
After disciplinary hearings Makhakhe was found guilty on seven of
10 charges and his contract was not renewed; Masiloane was acquitted;
Raphuthing was fired; and Shai was suspended for three months without
pay. Moerane's case remained pending at year's end.
On May 31, Deputy Commissioner of Police Tumelo Moseme Assistant
Commissioner of Police Dlamini Mphatsoane, Assistant Commissioner of
Police Thakane Theko, and Inspector Habofanoe Lepheane were charged
with corruption, fraud, bribery, theft by false pretence, and
obstructing the course of justice. The DCEO charged the officers with
conspiring to rig tenders for the supply of new police uniforms and
alleged that the police officers received 125,000 maloti ($15,450) in
bribes. The seven suspects were remanded out of custody on free bail,
defined as bail without a bond.
The law does not provide for public access to government
information. In practice individual ministries made information
available but not according to any stated policy or procedure.
Police Commissioner Malejaka Letooane was under investigation over
a 24 million maloti ($3 million) tender awarded in 2008 to supply
police uniforms in April and December 2010. The case against her was
pending at year's end.
There were no further developments in the reports of corruption and
fraud within the Block Farming Program in February 2010. Three
ministers personally owed more than 18,500,000 maloti ($2.3 million) in
government-guaranteed loans provided under the program directly
overseen by their ministries.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. According to local
NGOs, government officials often were cooperative and somewhat
responsive to their views.
Government Human Rights Bodies.--The independent Office of the
Ombudsman appeared to function without undue governmental or political
interference. The office was considered effective but was constrained
by a low level of publicity; high level of centralization; and shortage
of staff, financing, and equipment. The ombudsman intervened in
response to requests for release of unlawfully withheld salaries and
reinstatement of employees illegally suspended from their jobs.
On April 5, the senate passed an amendment to the constitution
providing the legal framework necessary to establish a human rights
commission, but one had not yet been established 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. However, the
constitution recognizes customary law as a parallel legal system, and
under it women remain disadvantaged with regard to property rights,
inheritance, and succession rights. Persons with disability were
disadvantaged regarding access to buildings, employment, and
healthcare.
Women.--Rape and Domestic Violence.--The law criminalizes rape,
including spousal rape, domestic violence; and sexual harassment. Rape
convictions carry a minimum sentence of 10 years' imprisonment, with no
option of a fine. When cases are reported, police and judiciary
generally enforced the law promptly and effectively; however, sexual
assault and rape reportedly were commonplace, and most incidents were
not reported. From January to December 2010, a total of 832 cases of
sexual offenses against women were reported, and 311prosecuted.
Domestic violence against women was widespread. The Child and
Gender Protection Unit (CGPU) stated that in 2010 there were 103
reported cases of assault against women. This number greatly
understated the extent of the problem, as domestic violence was usually
not reported. While domestic violence and spousal abuse are criminal
offenses defined as assault, few cases were brought to trial. The law
does not mandate specific penalties, and judges have a wide degree of
discretion in sentencing. An offender can be officially warned and
released, given a suspended sentence, fined, or imprisoned, depending
on the severity of the assault. Violence against women and children was
increasingly considered socially unacceptable, due in part to
government advocacy and awareness programs by the CGPU and other
ministries. These efforts were bolstered by local and regional
organizations and several other NGOs, and broadcast and print media
campaigns. Activities included teaching youth and parents how to report
such offenses and how to access victim services. Other campaigns and
radio programs educating women about their rights took place throughout
the year.
Sexual Harassment.--Sexual harassment of women in the workplace and
elsewhere was a problem, but many cases went unreported. Most reported
cases were handled internally within the organizations in which they
occurred, and statistics on the extent of the problem were not readily
available.
Reproductive Rights.--The law 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. Many international and
local NGOs worked in partnership with the government to provide such
services. There are no legal, social, or cultural barriers that limit
access to these services. There is access to contraception at minimal
fee. Male and female condoms were freely available. Women and men are
equally diagnosed and treated for sexually transmitted diseases.
Regardless of the patient's background, government hospitals and
clinics provided equitable access to reproductive health services.
These services include skilled attendance during childbirth, prenatal
care, and essential obstetric and postpartum care. The incidence of
maternal mortality was 970 deaths per 100,000 live births. This very
high rate could be attributed to the high HIV/AIDS prevalence rate and
absence of health infrastructure in many rural areas.
Discrimination.--Women and men enjoy equal rights in civil and
criminal courts. The law prohibits discrimination against women under
formal and customary or traditional law. However, inheritance rights
are an exception; the Legal Capacity of Married Persons Act does not
address the issue, and customary law discriminates against women as it
pertains to inheritance. A woman married under civil law may contest
inheritance rights in civil court. The law grants women married under
customary law economic rights similar to those accorded to women
married under common law (except as it pertains to inheritance). Under
the formal legal system, women have the right to make a will and sue
for divorce. In order to have legal standing in civil court, a
customary law marriage must also be registered in the civil system.
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 and Youth, Sports and Recreation is charged with
promoting the 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.
Children.--Birth Registration.--According to the constitution,
citizenship is derived by birth within the country's territory.
According to the Office of the Registrar of Births and Deaths, all
births are registered by hospitals and local clinics. Children born in
private homes are registered at the offices of local chiefs, and the
information is then transmitted to the District Administrator's Office
for issuance of birth certificates. The Children's Protection and
Welfare Act (CPWA) that was passed during the year states that a child
has a right to be registered within three months of birth. If the child
is registered after one year, a nominal fee of 2.50 maloti ($0.31) is
to be charged.
Education.--By law primary education is universal, compulsory, and
tuition-free through grade seven. Secondary education is not free, but
the government offered scholarships for orphans and vulnerable children
(OVC). The Education Act states that children from age six shall be
enrolled in a primary school and are to stay in school until they reach
an age that had not been determined by year's end. A fine of not less
than 1,000 maloti ($124) or imprisonment could be imposed on a parent
whose child failed to attend school regularly. On June 16, the prime
minister officially launched the tuition-free and compulsory primary
education campaign. The Ministry of Education ran a series of public
service announcements and radio programs to raise awareness of the new
law.
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 OVC, 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.
Child Abuse.--While the CPWA prohibits child abuse, it was
nevertheless a problem, especially for OVC. Incidents of child abuse
included child neglect, common assault, sexual assault, and forced
elopement, a customary practice of abducting a girl with the intention
to marry her without her consent.
With branches in all 10 districts, the CGPU led the government's
efforts to combat child abuse; however, its effectiveness was limited
by a lack of resources. The CGPU sought to address sexual and physical
abuse, neglected and abandoned children, and protection of the property
rights of orphans. It also advocated for the changing of cultural norms
that encourage forced elopement.
Unlike in the previous year, there were no 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.
Child Marriage.--Child marriage was covered by sometimes
contradictory laws. The CPWA defines a child as a person under the age
of 18. However, under the Marriage Act of 1974, which was still in
force, a girl could marry at age 16 while a boy could marry at age 18.
Moreover, customary law does not set any minimum age for marriage.
According to UNICEF data collected between 2000 and 2009, an estimated
23 percent of women between the ages of 20 and 24 were married before
the age of 18.
Sexual Exploitation of Children.--The country's laws set the
minimum age for consensual sex at 18 and state that anyone who commits
an offense related to commercial sexual exploitation of children is
liable to a fine up to 30,000 maloti ($3,708) or imprisonment for a
period up to two and a half years or both. Child pornography carries a
similar sentence, but in cases where a child is trafficked the offender
is liable to a fine of two million maloti ($247,000) or up to life
imprisonment.
According to media reports and local NGOs, child prostitution was a
problem. Young girls and boys, many of whom were OVCs, moved to urban
areas to engage in prostitution. Child prostitution in the country is
driven by poverty. A study conducted by a local NGO also noted that
prostituted children often acted on their own and were apparently not
controlled by organized criminal syndicates or any other third party.
UNICEF and the government, however, agreed that while the numbers
remained small, the trend toward the commercial sexual exploitation of
children was a growing problem.
International Child Abductions.--The country is not a party to the
1980 Hague Convention on the Civil Aspects of International Child
Abduction.
Anti-Semitism.--There were a small number of Jews but no practicing
Jewish community. There were no reports of anti-Semitic acts.
Trafficking in Persons.--See the Department of State's Trafficking
in Persons Report at http://state.gov/j/tip.
Persons With Disabilities.--The constitution and law prohibit
discrimination against persons with physical, sensory, intellectual,
and mental disabilities in employment, education, access to healthcare,
or the provision of other state services. The government approved a
national disability policy in April that sets up a framework for
inclusion of persons with disability in the poverty reduction strategy
and social development programs. 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. Information for the blind in the form
of Braille and JAWS (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 various state services. There were limited
facilities for training persons with hearing and speaking disability.
The government did not effectively implement laws to ensure that
persons with disabilities have access to information and
communications. Media reports indicated that persons with disabilities
experienced societal abuse. There was no record of such abuse in
prisons, educational facilities, or mental health facilities.
Election law, which was respected in practice, provides for
assisted voting for persons with disabilities. 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.
Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--The law does not address
sexual orientation. However, a law against sodomy existed but was not
enforced. While lesbian, gay, bisexual, and transgender (LGBT) persons
mainly faced general discrimination in access to health care, the
government had not made any formal statement on the issue. Homosexual
conduct was taboo in society and not openly discussed. Violence against
LGBT persons was known to occur but often went unreported for fear of
being ridiculed.
Matrix, an LGBT support group, operated freely in all 10 districts.
On May 17, LGBT community members gathered at a local theater to watch
a documentary celebrating the life of a gay South African activist. In
September representatives from Matrix and the Ministry of Justice and
Human Rights participated in a radio program seeking the views of the
general public on LGBT issues.
Other Societal Violence or Discrimination.--The media reported
several incidents of ``mob violence'' in which members of the society
took the law into their own hands to punish suspects. For example, in
October two men were accused of stock theft in Mapoteng in the Berea
District. An angry group of villagers beat them to death and burned
their corpses. The case was pending investigation by police at year's
end.
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. Medicine was available to all HIV
positive citizens at subsidized prices at all government hospitals.
LDF policy states that if a soldier is found to be HIV positive
after induction, the person is not discharged or separated. The soldier
is provided counseling and testing, and duties are adapted as
appropriate.
According to the deputy secretary general of the Lesotho Network of
People Living with HIV/AIDS, discrimination against HIV positive
persons was declining.
Section 7. Worker Rights
a. Freedom of Association and the Right to Collective Bargaining.--
Under the law workers in the private sector have the right to join and
form trade unions of their own choosing without prior authorization or
excessive bureaucratic requirements. 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. All trade unions must register with
the Registrar of Trade Unions. The law allows unions to conduct their
activities without interference.
The law provides for a limited right to strike. In the private
sector, the labor code requires a series of procedures to be followed
by workers and employers before a strike is authorized. 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 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 protects collective bargaining. There are no restrictions
on collective bargaining; unions are allowed to bargain for wages above
the minimum wage. Government approval is not required for collective
agreements to be valid. The law prohibits antiunion discrimination and
other employer interference in union functions. The law provides for
reinstatement of workers dismissed for union activity; however, it was
rarely enforced.
No particular groups of workers are excluded from relevant legal
protections.
Workers exercised these rights in practice; however, only a small
part of the labor force was unionized. Union officials stated that the
government did not interfere with their ability to organize but
complained of an overall lack of government support. A majority of
employers will bargain only with unions that represent at least 50
percent of their staff. The Labor Commissioner's Office reported that
the union movement was fragmented and did not influence labor market
decisions.
The apparel industry was the largest private-sector employer and
accounted for approximately 50 percent of formal employment. There were
42 apparel factories with an estimated 36,000 workers, constituting
approximately 80 percent of all jobs in the manufacturing sector. Most
unions were focused on organizing apparel workers. Unions alleged that
most factory owners in the apparel industry remained opposed to
unionization. Both locally and foreign-owned businesses lacked a full
understanding of the labor code's provisions regarding the right to
form labor unions. The International Labor Organization's Better Work
Lesotho (BWL) program, which aims to improve compliance with national
labor laws and international labor standards, worked to increase the
understanding of national labor law and the internationally recognized
core labor standards.
Both police and civil servants had 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 LEPSA to engage with the government
on workers' rights issues, because 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. The intimidation reportedly included threats of dismissal
or transfer for noncompliance.
While the government generally enforced antiunion discrimination
provisions, there were problems in the law's implementation. 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 and Employment
investigations often revealed they were dismissed on other grounds.
Unions reported that labor inspectors usually were intimidated by
factory owners and unable to enforce union rights. According to the
International Trade Union Confederation's (ITUC) 2011 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. However,
the ITUC also reported that while serious workers' rights problems
persisted in nonunionized factories, there were significant
improvements in unionized factories, where efforts were made to develop
regular dialogue and negotiation between representatives of workers and
management.
Following unsuccessful minimum wage negotiations, the textile and
apparel unions organized a stay-away from August 15-17. Other groups,
including taxi operators, joined the protest. The stay-away was
declared illegal by the minister of home affairs prior to its start.
After the first day's protests led to skirmishes between protestors and
security forces, police arrested two leaders from some of the
participating organizations for intimidation and contravening the
Meetings and Processions Act (see Section 2. b.). They were later
released because of lack of evidence. An estimated 90 percent of
workers stayed home on the second and third day of the stay-away. From
August 18, only a small percentage of workers continued to stay away
from work.
b. Prohibition of Forced or Compulsory Labor.--The law prohibits
all forms of forced or compulsory labor, although there were reports
that such practices occurred. Women and children were subjected to
involuntary domestic servitude. Forced and compulsory labor practices
usually occurred in isolation. Cases of domestic work mostly involving
girls were reported from remote private homes. Cases of crop farming
and herding animals mostly involving boys were reported from remote
small farms and herding outposts, respectively. These fell outside the
scope of the labor code and were nearly impossible to inspect.
According to Lesotho Save the Children, children often worked as herd
boys, street vendors, car washers, and domestic servants.
Basotho were also coerced into committing crimes, including theft,
drug dealing, and drug smuggling under threats of violence, through
forced drug use, or with promises of food.
Also see the Department of State's Trafficking in Persons Report at
http://state.gov/j/tip.
c. Prohibition of Child Labor and Minimum Age for Employment.--The
CPWA and labor code define the legal minimum age for employment as 15
years, or 18 for hazardous employment. Hazardous work includes mining
and quarrying; carrying of heavy loads; manufacturing where chemicals
are produced or used; working in places where machines are used or in
places such as bars, hotels, and places of entertainment where a person
may be exposed to immoral behavior; herding; and producing or
distributing tobacco. Any employer who breaches these provisions is
liable to a fine or imprisonment or both. However, these laws were not
effectively enforced outside the formal economy.
The Ministry of Labor and Employment, in collaboration with CGPU,
is responsible for investigating cases of working children. Child labor
inspections were done as part of general labor inspections.
Approximately 1,000 labor inspections were completed during the year.
No child labor cases were reported and hence no prosecutions,
convictions, or penalties imposed. Labor inspections were hindered by
scarce resources; the labor commissioner noted the difficultly of
tracking child labor because the government had no child-labor-specific
strategy or program. However, the Ministry of Labor and Employment,
CGPU, and 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.
Child labor remained widespread. The high unemployment rate, high
levels of poverty, and high prevalence of HIV/AIDS pressured children
to work in order to support themselves and their families.
The Bureau of Statistics 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-thirds of these children were engaged in subsistence farming, while
the rest were engaged mainly in domestic service. Child labor was
higher among male children (86.6 percent of child workers) than their
female counterparts (13.4 percent).
Herd boys were sometimes attacked by armed stock thieves, caught in
fights over ownership of animals, and subject 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.
Children also were subject to commercial sexual exploitation.
Children who had lost at least one parent to HIV/AIDS were more
vulnerable to such exploitation.
Also see the Department of Labor's Findings on the Worst Forms of
Child Labor at http://www.dol.gov/ilab/programs/ocft/tda.htm.
d. Acceptable Conditions of Work.--There is a sector-specific
national minimum wage and a general minimum wage. The general minimum
monthly wage varied from 878 maloti to 958 maloti ($109 to $119).
Minimum wage provisions did not cover significant portions of the
workforce. Workers in agriculture or other informal sectors are not
covered by labor laws.
The law stipulates standards for hours of work, including a maximum
45-hour workweek, 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 are 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,
imprisonment, or both.
The law empowers the Ministry of Labor and Employment to issue
regulations on work safety. 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. The law 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.
The Ministry of Labor and Employment is responsible for enforcing
these laws and standards; however, budget resources limited 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
ministry's inspectorate reported that many locally owned businesses did
not keep records of employees' salaries to facilitate labor inspections
as required by law. Labor inspectors generally conducted unannounced
inspections of a random sample of workplaces on a weekly basis.
Inspections in mountain districts, however, were done on a quarterly
basis. Labor laws do not cover the agricultural and other informal
sectors, where most workers are 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. BWL also reported that some employers made incorrect lower
than required overtime payment to workers.
Part-time workers of all Shoprite supermarkets complained that most
were paid 610 maloti ($75), below the 1,228 maloti ($152) per month
minimum wage stipulated for full-time workers in the retail sector.
After these workers went on strike on October 5, their employer
increased the wages by 210 maloti ($26) to 820 maloti ($101).
According to health and safety inspectors in the Ministry of Labor
and Employment, 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
generally was 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 cited few
examples of serious safety violations. Third-party auditors hired by
foreign textile buyers conducted spot checks on many exporting
factories, customarily sought labor's input, and briefed the unions on
their findings. Unions believed the third-party auditors kept factory
owners in line with health and safety regulations.
Many workplace policies cover employees with HIV/AIDS. For example,
the Apparel Lesotho Alliance to Fight AIDS (ALAFA) described HIV/AIDS
as the primary occupational health risk in the apparel sector. ALAFA
reported that 85 percent of workers were women and 43 percent of all
workers were infected with HIV. Employers provided space for
examinations and time off to see doctors, receive counseling, and
participate in educational and antistigma programs.
The government supported the implementation of BWL and announced
that participation in the program was to be mandatory for the textile
industry. BWL supported Ministry of Labor and Employment inspection
efforts by sharing crucial noncompliances and inconsistent labor law
application instances to ensure that inspectors raise them with
employers. BWL also shared experiences and knowhow on assessment
findings with the ministry on a regular basis with a view to work
towards industry-wide improvements.
Working conditions for foreign or migrant workers were similar to
those of residents.
__________
LIBERIA
executive summary
Liberia is a constitutional republic with a bicameral National
Assembly. In November Ellen Johnson Sirleaf of the Unity Party won a
second term in multiparty presidential elections, which domestic and
international observers considered generally free and fair. Security
forces reported to civilian authorities.
Among the most serious human rights abuses were those tied to
justice: judicial inefficiency and corruption, lengthy pretrial
detention, denial of due process, and harsh prison conditions. Violence
against women and children, including rape and domestic violence, and
child labor also were serious problems.
Other important human rights abuses included unlawful deprivation
of life; mob killings; reported ritualistic killings and trial by
ordeal; police abuse, harassment, and intimidation of detainees and
others; arbitrary arrest and detention; official corruption; domestic
human trafficking; and racial and ethnic discrimination.
Impunity was a serious problem despite government attempts to
prosecute and punish officials.
Section 1. Respect for the Integrity of the Person, Including Freedom
from:
a. Arbitrary or Unlawful Deprivation of Life.--The government or
its agents did not commit any politically motivated killings; however,
there were reports that the government or its agents committed
arbitrary or unlawful killings.
For example, Harris Williams, an Armed Forces of Liberia (AFL)
soldier, allegedly killed Henry Freeman, a Liberia National Police
(LNP) officer, on July 5 in a suspected personal dispute. The soldier
was arrested and his case was pending at year's end.
There were reports of ritualistic killings in which body parts used
in indigenous rituals were removed from the victim. The number of such
killings was difficult to ascertain since police sometimes described
such deaths as homicides, accidents, or suicides, even when body parts
were removed.
On June 17, nine suspects in the 2009 ritualistic killing of Tomo
Allison, a pregnant woman discovered in Harper, were released on bail
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 as torture;
however, police officers and other security officials abused, harassed,
and intimidated persons, particularly during attempts to extort money
on the streets.
In May a customs official working at Roberts International Airport
was arrested and charged with robbery, aggravated assault, kidnapping,
and criminal conspiracy allegedly for stealing cash and jewelry from a
businessman.
Five AFL soldiers were relieved of their positions in Gbarnga for
misconduct following allegations they had assaulted residents of the
town in July.
Police brutality was referred to the attention of police
commanders. The Professional Standards Division (PSD) was responsible
for investigating allegations of police misconduct and referring cases
for prosecution. Although the number of cases was not available at
year's end, aggressive police action during arrests was identified as
among the most common complaints of misconduct.
The Liberian National Police (LNP) conducted performance appraisals
to foster professional development among officers and identify areas
for improvement. The PSD drafted an anticorruption strategy to reduce
corrupt practices within the LNP. The policy was submitted to the
Inspector General's Office and was pending approval at the end of the
year.
On February 13, LNP Commander Victor Boyah allegedly beat sports
journalist Fombah Kanneh. Kanneh was filming alleged police brutality
toward spectators after a soccer game at the Antoinette Tubman Sports
Stadium. Boyah publicly apologized for his actions on February 17.
On April 4, jurors acquitted Deputy Speaker of the House Togbah
Mulbah and seven alleged accomplices in the July 2010 beating case of
LNP officer Lexington Beh, who had impounded a truck belonging to the
lawmaker.
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 innocent, reportedly continued in
rural areas. The government continued to conduct sensitization
campaigns focusing on efforts to harmonize the traditional and formal
justice systems. In particular, campaigns focused on the types of cases
that needed to be addressed in the formal justice system, such as
criminal cases including murder and rape, and those that could be
resolved in either system, such as civil cases.
Prison and Detention Center Conditions.--Inadequate provisions for
food, sanitation, ventilation, temperature, lighting, basic and
emergency medical care, and potable water contributed to harsh and
life-threatening conditions in the country's 15 prisons and detention
centers. Many prisoners supplemented their meals by purchasing 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, as
well as the Bondiway, Buchanan, Fishtown, Gbarnga, Harper, Kakata,
Robertsport, Tubmanburg, and Voinjama facilities. The Bureau of
Corrections reported approximately 20 prisoner and detainee deaths
during the year.
The government made efforts to improve recordkeeping, including
training court clerks in Montserrado County and issuing case
registration log books.
Conditions for women prisoners were similar to those for men.
The U.N. and nongovernmental organizations (NGOs) continued to
provide medical services and improve basic sanitary conditions.
According to statistics from the Bureau of Corrections, half the
country's 1,601 prisoners were held at Monrovia Central Prison. This
prison operated at more than twice its capacity due to the large number
of pretrial detainees. The total prison capacity was 1,164 individuals,
and the population included 52 women and 44 juveniles. Prisons remained
understaffed. Men and women were held in separate cells in larger
facilities but were held together in some counties or cities that had
only one detention cell. In many counties juveniles and adults were
held together, and pretrial detainees generally were held with
convicted prisoners.
Regular visitation hours and religious observances generally were
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 accessible to the public.
The government permitted the independent monitoring of prison
conditions by local human rights groups, international NGOs, the U.N.,
and the media. Some human rights groups, including national and
international organizations, made regular visits to detainees held in
police headquarters and prisoners in Monrovia Central Prison. The ICRC
visited all 15 prisons and detention centers.
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.
d. Arbitrary Arrest or Detention.--The constitution prohibits
arbitrary arrest and detention; however, the government did not always
observe these prohibitions.
Role of the Police and Security Apparatus.--The Ministry of Justice
has responsibility for enforcing laws and maintaining order within the
country, including overseeing the LNP and the National Bureau of
Investigation. The Armed Forces of Liberia (AFL) provide external
security but also have some domestic security responsibilities,
primarily through the coast guard.
An estimated 7,775 United Nations Mission in Liberia (UNMIL)
peacekeepers and 1,303 United Nations Police (UNPOL) officers had
significant responsibility for maintaining security as the LNP takes on
increasing responsibility. Approximately 459 UNPOL advisors and 844
officers in the U.N. Formed Police Units (armed foreign police
detachments deployed in groups of 140 officers assigned to UNMIL)
assisted with monitoring, advising, and training the LNP.
The LNP operated independently and retained arrest authority;
however, UNPOL advisors regularly accompanied LNP officers on joint
patrols around Monrovia. In addition to its regular force, the LNP
comprised a Police Support Unit (PSU) that received additional training
in weapons and crowd and riot control and the Emergency Response Unit
(ERU). The ERU received specialized training and was charged with
conducting special police operations in antiterrorism, hostage rescue,
internal security, tactical anticrime, and search and rescue
situations. The PSU and ERU were better trained and equipped than the
regular force.
LNP officers remained poorly equipped, ineffective, and slow to
respond to criminal activity, although the foot patrol program
continued to show improvement in strategic areas. Low LNP salaries
contributed 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. The lack of a crime laboratory and other
investigative tools hampered police investigations and evidence
gathering, which in turn hampered prosecutors' cases. Training by UNMIL
and others led to some improvement within the LNP.
An AFL disciplinary board investigates alleged misconduct and
abuses by security forces. Lacking a court martial system, criminal
cases were handed over to the LNP and Ministry of Justice for
prosecution.
On April 11, the president convened a special independent committee
of inquiry to investigate allegations that the LNP used excessive force
to subdue a March 22 student demonstration. Students demonstrated in
support of their teachers who were striking for promised salary
increases. The task force recommended the deputy director of police be
dismissed and the director of police suspended without pay for two
months. On August 1, the president suspended the deputy director for
one month and the director received a letter of warning.
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 the
majority 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
first-degree 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 in criminal and civil
cases, but the government did not always observe such rights.
Pretrial Detention.--Although the law provides for the right of a
defendant to receive an expeditious trial, lengthy pretrial and pre-
arraignment detention remained serious problems. An estimated 79
percent of prisoners were pretrial detainees, in spite of the release
of 594 during the year by the Fast Track Court to reduce overcrowding.
The length of time detainees were held in pretrial detention varied,
but averaged three to six months. Improved capacity for probation and
ongoing police training helped reduce the number. However,
incarceration of new detainees kept prisons 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, judges and magistrates were
subject to influence and corruption. Uneven application of the law and
the unequal distribution of personnel and resources remained problems
throughout the judicial system. A Professional Magistrates Training
Program for 61 university graduates ended in July; they were to be
placed in magisterial courts throughout the country to improve judicial
efficiency and access but had not been deployed at year's end.
Trial Procedures.--Trials are public, and juries are used in
circuit court trials but not at the magistrate level. The pool of
jurors was limited by low literacy rates. Jurors were also subject to
influence and corrupt practices, which undermined their effectiveness
and neutrality. 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 and to confront or
question witnesses against them, present evidence and witnesses on
their behalf, and 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 indigent defendants 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 no specialized
court to address lawsuits seeking damages for human rights violations.
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. As with criminal courts, specialized courts were
inefficient and in some cases corrupt. A commercial court with
jurisdiction over debts incurred from commercial transactions opened in
Monrovia in July. Individuals may appeal their cases, including human
rights cases, to the Community Court of Justice of the Economic
Community of West African States.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The constitution prohibits such actions, and the
government generally respected these prohibitions in practice.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--Status of Freedom of Speech and
Press.--The constitution provides for freedom of speech and press, and
the government generally respected these rights in practice.
Freedom of Speech.--Individuals could generally criticize the
government publicly or privately without reprisal. However, libel and
national security laws did place some limits on freedom of speech.
Freedom of Press.--In Monrovia approximately a dozen newspapers
were 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
largely limited to Monrovia.
Radio remained the primary means of mass communication, and
stations mostly operated without government restrictions.
Although generally able to express a wide variety of views, some
journalists practiced self-censorship, while the government and private
citizens expressed concern that some journalists commonly accepted
payments to publish articles and did not always check the accuracy of
facts.
Violence and Harassment.--President Sirleaf suspended Liberian
Broadcasting System Director General Ambrose Nah on September 24. No
official reason was given for the suspension.
On November 7, the Ministry of Information, Culture and Tourism and
the Ministry of Justice petitioned the courts to close three media
outlets linked to the opposition party Congress for Democratic Change,
citing inflammatory and inciting language in the period before the
November 8 elections and their coverage of a violent demonstration on
November 7. The judge ordered the radio and TV outlets closed. On
November 15, the judge declared the government had authority to shut
down the media outlets based on their news content, but ordered they be
reopened that same day.
On January 22, the Supreme Court ordered Rodney Sieh, editor of the
newspaper Front Page Africa, arrested for contempt of court in an
October 2010 case in which the court contended the newspaper published
an inaccurate story. The Executive Mansion intervened, and Sieh was
released on January 24.
Nongovernmental Impact.--In October a journalist claimed opposition
leader George Weah intimidated and ordered him to remove and destroy
photos he had taken of Weah allegedly harassing a motorcycle driver
while campaigning in Nimba County.
Actions to Expand Press Freedom.--The Ministry of Information,
Culture and Tourism, in collaboration with the United Nations
Development Programme (UNDP), initiated a short-term training program
for rural female journalists. Under the program, female reporters and
radio program producers were provided practical training at selected
media institutions in Monrovia.
Internet Freedom.--There were no government restrictions on access
to the Internet or reports that the government monitored e-mail or
Internet chat rooms. Individuals and groups could engage in the
peaceful expression of views via the Internet, including by e-mail.
Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.
b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The constitution provides for the right of peaceful
assembly, and the government generally respected it in practice.
On November 7, law enforcement agents clashed with supporters of
the opposition party Congress for Democratic Change (CDC) when CDC
supporters, without a permit, left their headquarters to march into
Monrovia. Other government agents and U.N. force personnel helped to
end the violence, which resulted in one confirmed death. On November
14, the president convened a special independent committee of inquiry
to investigate the violence; its investigation was ongoing at year's
end. An initial report issued on November 25 recommended, and the
president agreed, that Inspector General of Police Marc Amblard be
relieved of command.
Freedom of Association.--The constitution provides for the right of
association, and the government generally respected this right in
practice.
c. Freedom of Religion.--See the Department of State's
International Religious Freedom Report at http://state.gov/j/drl/irf/
rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution provides for freedom
of movement within the country, foreign travel, emigration, and
repatriation, and the government generally respected these rights in
practice. 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 U.N. High
Commissioner for Refugees (UNHCR), other humanitarian organizations,
and donor countries in providing protection and assistance to
internally displaced persons, refugees, returning refugees, asylum
seekers, stateless persons, and other persons of concern.
Protection of Refugees.--Access to Asylum.--The law provides for
the granting of asylum or refugee status, and the government had an
established system for providing protection to refugees and granted
refugee status and asylum during the year.
Durable Solutions.--During the year the UNHCR assisted in the
voluntary repatriation of 1,762 Liberian refugees from other West
African countries. It also assisted in the voluntary repatriation of
730 Ivoirian refugees.
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.
Temporary Protection.--The government provided temporary protection
to individuals who may not qualify as refugees under the 1951 refugee
convention or its 1967 protocol. The government continued to provide
protection to Ivoirian refugees who entered the country since November
2010. At year's end the UNHCR had registered 128,689 new Ivoirian
refugees for a total of 135,208. UNHCR relocated nearly one-third of
the refugee population to six refugee camps and 16 relocation villages
by 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 free
and fair elections based on universal suffrage.
The state is highly centralized, and the head of state appoints
county superintendents. Local governments have 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 county government officials allegedly misused
these funds.
Elections and Political Participation.--Recent Elections.--During
the year Ellen Johnson Sirleaf won the national presidential election
with 91 percent of the vote in a runoff election after her opponent,
Winston Tubman of the Congress for Democratic Change (CDC), boycotted
the second round of voting; voters also selected 15 senators and 73
representatives. The National Elections Commission (NEC) publicized its
schedule for the conduct of national elections scheduled for October
2011. Sixteen candidates vied for the presidency; 865 candidates
registered for the 15 contested Senate and 73 House of Representatives
seats. On August 23, citizens voted on four issues during the National
Referendum; the only measure that passed will allow legislative seats
to be won by simple majority instead of absolute majority. The NEC
conducted the national elections on October 11; international and
national observers declared them to be free, fair, transparent, and
credible, although some minor irregularities were noted. Because no
presidential candidate won an absolute majority of 50 percent plus one,
a runoff election was held on November 8. The NEC announced that
President Sirleaf and the CDC's Tubman would proceed to the second
round as the top two vote-getters. On November 4, Tubman announced the
CDC was boycotting the elections, citing unsubstantiated claims of
widespread fraud.
International and national observers also declared the November 8
runoff free, fair, and transparent, although marred by low turnout due
to the previous day's violent protest and the boycott by the CDC.
Political Parties.--Registration of political parties and
independent candidates took place during the year; 30 parties were
registered.
Participation of Women and Minorities.--There were five female
ministers and nine female deputy ministers. There were four women in
the 30-seat Senate and seven women in the 64-seat House of
Representatives. One female associate justice sat 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, two deputy ministers, one senator, five representatives, one
Supreme Court justice, and one county superintendent.
Section 4. Official Corruption and Government Transparency
The law does not provide criminal penalties for official
corruption, although criminal penalties exist for economic sabotage,
mismanagement of funds, and other corruption-related acts. Officials
engaged in corrupt practices with impunity. Low pay levels for the
civil service, minimal job training, and few court convictions
exacerbated official corruption and a culture of impunity. 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, its capacity to
do so remained weak. During the year the LACC investigated 14 cases and
recommended three for prosecution.
In July the Ministry of Justice dropped charges, over the LACC's
objections, against former inspector general of police Beatrice Munah
Sieh for irregularities in the procurement of uniforms.
On July 12, a former Liberia Telecommunications Authority chair was
rearrested for alleged bail jumping in the 2010 case of his alleged
misuse of $71,022. That case ended in a hung jury, and he was awaiting
a retrial.
Judges were susceptible to bribes for awarding damages 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 defendants pay
bribes to secure favorable rulings from or appease judges, prosecutors,
jurors, and police officers. The Ministry of Justice increased its
calls to reform the jury system.
The Ministry of Planning and Economic Affairs and the Ministry of
Internal Affairs coordinate management of the County Development Funds.
The funds were previously administered at the county level, but were
frozen by President Sirleaf in 2010 due to evidence of frequent misuse.
The government dismissed or suspended a number of officials for
corruption. On July 6, the president dissolved the Board of Directors
of the Liberia Petroleum Refining Company (LPRC) as recommended by the
General Auditing Commission (GAC). GAC cited board members' alleged
acts of amending by-laws to allow them to accept payments in addition
to their salaries for services to the LPRC. The board was reconstituted
on July 11.
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 April an LNP officer was dismissed for extortion and harassment
after an LNP investigation found the officer had extorted $255 from an
individual.
During the year the government continued to take steps to improve
transparency.
The GAC continued its ministerial audits and referred findings to
the legislature. On March 25, the president announced she was not
renominating the auditor general for another term. 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 for natural resource concessions.
The 2010 Freedom of Information Act 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.
Government Human Rights Bodies.--The Independent National
Commission on Human Rights (INCHR) developed a one-year work plan
including the creation of the Palaver Hut mechanism, where community
members come together in their towns and villages to discuss their
grievances and seek reconciliation at the community level.
President Sirleaf submitted one of four quarterly reports mandated
by the Truth and Reconciliation Commission (TRC) Act on the
government's progress in implementing TRC recommendations. In the
report, submitted in January, the president stated the INCHR had
devised a work plan under which it would begin to implement the TRC
recommendations; however, the INHCR had not commenced the Palaver Hut
mechanism as proposed by the end of the year.
In January the Supreme Court nullified the TRC report's recommended
30-year ban on holding public office. The ban sought to bar listed
individuals from holding elective or appointed public office for 30
years effective the date of the report. The court determined that the
ban would deny those listed due process and was therefore
unconstitutional.
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 and own land.
Differences stemming from the country's civil war continued to
contribute to social and political tensions among ethnic groups.
Women.--Rape and Domestic Violence.--Rape is illegal but remained a
serious and pervasive problem. The 2006 rape law legally defines rape
but does not specifically criminalize spousal rape. The maximum
sentence is life imprisonment for first-degree rape and 10 years for
second-degree rape, and accused first-degree rapists are not eligible
for bail. However, the government did not always effectively enforce
the law. Judges had discretion to impose less than the maximum
sentence. The government and NGOs attributed increased reporting of
rape 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 Women's and Children's Protection Section
of the LNP stated that approximately 245 rape cases were reported to
the unit, of which 101 were prosecuted. However, the true incidence of
rape was believed to be much higher.
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 seven cases
prosecuted during the year, the government won five convictions.
The sexual and gender-based violent crimes unit within the Ministry
of Justice continued to coordinate with the special court and
collaborate with NGOs to increase sensitization to sexual and gender-
based violence issues.
There were 45 LNP Women's and Children's Protection Section (WCPS)
offices, 21 of them outside Montserrado County. There were 217 WPCS
officers, a third of whom were female, assigned throughout the country.
Outside of Montserrado County, 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 generally treated cases, if reported, 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.
During the year the Ministry of Gender and Development organized
workshops and seminars to combat domestic violence.
Sexual Harassment.--The law does not prohibit sexual harassment,
and it remained a major problem, including in schools and places of
work. Government billboards warned against harassment in the workplace.
Reproductive Rights.--There are no laws restricting couples and
individuals from deciding the number, spacing, and timing of their
children; however, information and assistance on family planning topics
was difficult to obtain, particularly in rural areas, where there were
few health clinics. The government has included family planning
counseling and services as key components of its new 10-year National
Health and Social Welfare Plan. A 2011 government-led survey found
contraceptive use below 15 percent for three north central counties.
However, approximately two-thirds of women surveyed said they wanted to
use family planning methods. This low usage compared to high desire
suggests cultural barriers or pressure from the women's partners. The
maternal mortality rate was 994 deaths per 100,000 live births.
Reducing maternal mortality was a priority of the government, and
activities over the past four years included additional training of
midwives, providing incentives to pregnant women, and a maternal home
pilot project.
Discrimination.--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.
Women and men enjoy the same legal status. Women can inherit land
and property, receive equal pay for equal work, and own and manage
businesses.
Women experienced some economic discrimination based on historic
traditions, but the government worked to promote women in the economic
sector through programs and NGO partnerships to conduct workshops and
microcredit lending programs. A number of businesses were female-owned
or operated.
The law prohibits polygyny; however, traditional and religious
customs 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 and the U.N. Security Council Resolution 1325
Secretariat (Women, Peace and Security) were generally responsible for
promoting women's rights.
Children.--Birth Registration.--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 ``Negro'' descent. If a child born in
the country is not of ``Negro'' descent, the child cannot acquire
citizenship. As a result, non-``Negro'' 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 September the legislature passed the National Children's Act.
The act sets the foundation for and promotes children's rights
including parental responsibilities to provide food, shelter, clothing,
education, healthcare, and other basic needs. It is also intended to
protect children from illegal child labor practices and harmful
traditional practices.
Education.--The legislature passed the New Education Reform Act of
2011, extending free and compulsory education in public schools from
the primary (grades 1-6) through junior secondary (grades 7-9) levels.
Despite this, many schools still charged informal fees to pay teachers
and operating costs the government did not cover, which prevented many
students from attending. Fees continued for secondary school, and the
government was unable to provide for the needs of most schoolchildren.
In both public and private schools, families of children were often
required to provide their own uniforms, books, pencils, paper, and even
desks.
Although the official primary-school-age population is six to15
years old, the war disrupted the education of many students, and as a
result primary school students in the country ranged in age from six to
more than 20 years old. While education reforms were ongoing, overaged
students continued to pose a significant challenge to an education
system with limited resources. Girls accounted for fewer than half of
all students in primary and secondary schools, with gender parity
worsening progressively with each subsequent grade. Among the most
vulnerable and underserved groups in terms of access to education were
those with special needs and marginalized youth (including vulnerable
children). Although the government increased its budget allocation for
education, it was unable to adequately compensate teachers, provide
schools with needed resources, or offset the opportunity costs to
families of sending their children to school.
Child Abuse.--Widespread child abuse continued, and reports of
sexual violence against children continued during the year. Civil
society organizations reported continued incidents of rape of girls
under 12, and there were 37 reported cases of child endangerment during
the year, a statistic thought to greatly underreport the actual
incidence.
Child Marriage.--The Domestic Relations Law sets the minimum
marriage age at 21 for men and 18 for women. However, Section 2.9 of
the Equal Rights of the Traditional Marriage Law of 1998 permits a girl
to marry at age 16. Underage marriage continued to be a problem,
especially in rural areas. The recently passed National Children's Act
sets the marriage age for all Liberians at 18.
Female Genital Mutilation.--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 prohibit FGM, and
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.
Sexual Exploitation of Children.--Young women and girls engaged in
prostitution for money, food, and school fees. The minimum age for
consensual sex is 18, and 17 of 38 reported cases of statutory rape--
this is likely a small fraction of the true extent of the problem--were
tried during the year. Statutory rape is a first-degree rape offense,
and the maximum sentence for perpetrators is life imprisonment. The law
also prohibits child pornography, with a penalty of up to five years'
imprisonment for violators.
Displaced Children.--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 older than 10 had
witnessed atrocities during the 14-year civil war, and some children
had committed atrocities.
Institutionalized Children.--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
adequate nutrition. They relied primarily on private donations and
support from international organizations, such as UNICEF and the World
Food Program, which provided food and care throughout the year. Many
orphans lived outside these institutions.
International Child Abductions.--To address issues of child
adoption and international child abduction, the government imposed a
moratorium on child adoption in 2009; the moratorium continued during
the year.
Liberia is not a party to the 1980 Hague Convention on the Civil
Aspects of International Child Abduction.
Anti-Semitism.--There was no significant Jewish community, and
there were no reports of anti-Semitic acts.
Trafficking in Persons.--See the Department of State's Trafficking
in Persons Report at http://state.gov/j/tip.
Persons With Disabilities.--Although it is illegal to discriminate
against persons with physical and mental disabilities, such persons did
not enjoy equal access to government services. No laws mandate access
to public buildings. Streets, schools, public buildings, and other
facilities were generally in poor condition and inaccessible to persons
with disabilities, although new curbs in Monrovia were built to be
wheelchair accessible. Many citizens had permanent disabilities as a
result of the civil war. Persons with disabilities faced societal
discrimination, particularly in rural areas. Children with disabilities
had access to education; however, a 2008-09 survey found only 0.8
percent of students enrolled in school were identified as disabled. The
Ministry of Education named a director of special education to address
the needs of children with disabilities. The National Commission on
Disabilities conducted an assessment on eight special schools in the
greater Monrovia area during the year; its results were pending.
The Journal of the American Medical Association published a Harvard
Humanitarian Initiative study that concluded that 40 percent of the
population had Post Traumatic Stress Disorder or other mental
disabilities.
The government identified an estimated 16 percent of the population
as disabled, but that number was believed actually to be higher due to
the civil conflict.
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 always do so
effectively.
Following the October 11 general election, the National Union of
Organizations for the Disabled noted that persons with disabilities
were frequently unable to enter polling places, and there was no
provision of tactile ballot guides for the blind.
During the year the commission and ministry conducted a series of
sensitization programs about persons with disabilities, but with
limited effect. The commission also began work on a plan for the
government's promotion of the rights of such persons in education,
employment, and livelihood. The plan was pending completion at year's
end. 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 and 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.
Indigenous People.--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. There
were no reported instances of violence based on sexual orientation.
There were no civil society groups dedicated to lesbian, gay, bisexual,
or transgender rights operating in the country.
Other Societal Violence or Discrimination.--There were no reports
of societal violence against people with HIV/AIDS.
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.
On December 22 and 23, youth seeking payment for their work in a
short-term seasonal employment scheme rioted in Monrovia when some were
denied payment because they were not listed on the employment roster or
were inadequately paid. The payments were suspended until 2012 pending
review of work logs and records. No deaths were reported, but there was
damage to public and private property.
The LNP arrested six individuals in the April 15 mob killing of a
Sierra Leonean national believed to have murdered their teacher the
previous night.
In September a court indicted four persons in the February 2010 mob
killing in Monrovia of an LNP officer who allegedly shot and killed a
man, reportedly over a personal dispute.
Section 7. Worker Rights
a. Freedom of Association and the Right to Collective Bargaining.--
The law allows workers, except public servants and employees of state-
owned enterprises, to form or join freely independent unions of their
choice without prior authorization or excessive requirements. It allows
unions to conduct their activities without interference by employers
but does not provide adequate protection due to inadequate sanctions.
The law prohibits unions from engaging in partisan political activity.
It prohibits agricultural workers from joining industrial workers'
organizations. Workers, except civil servants, have the right to
strike. Collective bargaining is protected by law. With the exception
of employees in state-owned enterprises and public servants, all
workers have the right to organize and bargain collectively.
While the law prohibits antiunion discrimination and provides for
reinstatement for workers dismissed for union activity, it allows for
dismissal without cause if the company provided the mandated severance
package. It also 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.
In general the government effectively enforced applicable laws, and
workers exercised their rights in practice. The Singapore-based NOS
Shipping Company signed a collective bargaining agreement with the
United Seamen Ports and General Workers Union of Liberia Seafarers
Section in December. New negotiations were launched in the rubber
sector, but no new collective bargaining agreements had been reached by
year's end. Union power increased during the year through increased
membership at major plantations; however, the largely illiterate
workforce engaged in few economic activities beyond the subsistence
level. Unions were independent of government and political parties.
There were no reports of discrimination or employer retaliation
against strikers during the year.
b. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor; however, such practices occurred.
Families living in the interior sometimes sent young women and
children to stay with relatives in Monrovia or other 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, domestic servants, or beggars on behalf of disabled or blind
relatives. A 2011 International Labor Organization (ILO) report cited
the southeastern region of the country for alleged practices of forced
labor.
When victims were identified, the Women's and Children's Protection
Section (WCPS) of the LNP, along with partnering NGOs, worked to
reunite victims with their families in the interior or referred them to
safe homes. Child labor was addressed as a child endangerment issue and
as such, no reliable figures were available on the number of children
removed from forced labor.
Also see the Department of State's Trafficking in Persons Report at
http://state.gov/j/tip.
c. Prohibition of Child Labor and Minimum Age for Employment.--The
law prohibits the employment and apprenticeship of children under age
16 during school hours. The law does not provide for additional
restrictions on working hours nor for occupational safety and health.
One of the provisions of the New Education Reform Act of 2011 addresses
prior inconsistencies between the minimum employment age and compulsory
educational requirements. The new compulsory education requirement
extends through grade nine or until age 15, also the minimum employment
age. The National Children's Act has provisions intended to protect
children from the worst forms of child labor and was expected to
supplement other laws and efforts.
The Child Labor Commission is responsible for enforcing child labor
laws and policies. The 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 Women and Children Protection Section were
also charged with investigating and referring for prosecution
allegations of child labor.
However, the government did not effectively enforce child labor
laws. The Child Labor Commission had inadequate staff and funding.
Except for regularly scheduled sensitization and training activities,
it undertook no significant actions to address child labor.
Child labor was widespread in almost every economic sector. 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 alluvial diamond mining and in agriculture.
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.
Also see the Department of Labor's Findings on the Worst Forms of
Child Labor at http://dol.gov/ilab/programs/ocft/tda.htm.
d. 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.
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 72 hours for
miners, with overtime pay beyond 48 hours. The law also provides for
pay for overtime and prohibits excessive compulsory overtime.
The law provides for paid leave, severance benefits, and
occupational health and safety standards. The law does not give workers
the right to remove themselves from dangerous situations without
risking loss of employment. Penalties were not sufficient to deter
violations. The government submitted the New Labor Law and Minimum Wage
Bill to the legislature for passage in an attempt to modernize current
labor laws and to strengthen the government's ability to deter
violations.
The Ministry of Labor's Labor Inspection Department enforced
government-established health and safety standards. The ministry had
approximately 25 inspectors throughout the country to investigate
allegations of labor violations. Officials conducted unannounced visits
to consistent violators to improve standards. Enforcement of standards
and inspection findings were not always consistent.
Due to the continued severe economic problems, most citizens had to
accept any work they could find regardless of wages or working
conditions. The current minimum wage does not provide a livable income,
and workers often found other activities, like street selling, to
supplement their wages. Individuals working in the formal economy,
estimated at 15 percent of the workforce, were afforded labor
protections, although working conditions varied from workplace to
workplace. Those in the informal economy, particularly in street
selling and small-scale farming, often worked more than the 48-hour
workweek and faced harsher working conditions.
__________
MADAGASCAR
executive summary
Madagascar 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 High Transition
Authority (HAT), at the head of a loose coalition of former opposition
politicians, intending to remain in this position until elections are
held. Former president Marc Ravalomanana, democratically elected in
2006, is in exile. On September 17, local political leaders signed a
``Roadmap For Ending the Crisis in Madagascar,'' brokered by mediators
acting on behalf of the Southern African Development Community (SADC),
which established a transitional process intended to culminate in free
and open elections for the restoration of a legal government. In
accordance with the letter, if not the spirit, of this roadmap,
Rajoelina appointed a ``Prime Minister of Consensus'' on October 28, a
35-member ``Government of National Unity'' cabinet on November 21, and
a ``Transition Congress'' with more than 160 members, and a ``High
Transitional Council'' with more than 360 members on December 1.
Military leaders continued to assert their autonomy from the current
political leadership, despite their tacit support of Rajoelina and the
SADC-endorsed roadmap. There were instances in which elements of the
security forces acted independently of civilian control.
The three most important human rights abuses included unlawful
killings and other security force abuses, arbitrary arrest and
detention, and the inability of citizens to choose their government.
Other human rights problems included harsh prison conditions,
sometimes resulting in deaths; lengthy pretrial detention; an
inefficient judiciary that lacked independence; violence against and
intimidation of journalists; restrictions on freedoms of speech, press,
and assembly; official corruption and impunity; societal discrimination
and violence against women, persons with disabilities, and the lesbian,
gay, bisexual and transgender (LGBT) community; trafficking of women
and children; and child labor, including forced child labor.
The government did not take steps to prosecute or punish officials
who committed abuses, and impunity remained a problem.
Section 1. Respect for the Integrity of the Person, Including Freedom
from:
a. Arbitrary or Unlawful Deprivation of Life.--There were several
reports that the de facto regime or its agents committed arbitrary or
unlawful killings. Police and gendarmes continued to use unwarranted
lethal force during pursuit and arrest.
For example, during the year law enforcement officers shot and
killed at least 51 criminal suspects. Off-duty and intoxicated elements
of the armed forces also killed civilians with their firearms.
Witnesses reported seeing elements of the Rapid Intervention Group
shoot and kill three criminal suspects on September 8 in Ankorondrano,
after they had already surrendered and raised their hands in the air.
No action was taken against any of the security force members for
excessive use of force or unwarranted use of lethal weapons.
On December 9, a police mob beat to death Michel Rehavana, a judge
in Tulear. Another judge's conviction of a police officer for renting
out his weapons to bandits triggered the event, creating significant
tension between police and judges across the country. At year's end,
central authorities brought some of those responsible for the killing
to the capital for questioning, while the Magistrate's Union went on
strike to protest the killing, virtually shutting down the entire
judicial system. The magistrates demanded the punishment of those
responsible and the resignation of the de facto minister of internal
security Arsene Rakotondrazaka, who was present in Tulear the day of
the event.
On July 18, elements of the Police Intervention Force interrogated
and beat taxi driver Hajamananirainy Clermont for allegedly using a
slingshot to propel rocks at the presidential convoy. The next morning,
Clermont was left at a hospital, where he died of his wounds.
Authorities denied that the convoy passed at the reported location and
time, and no action was taken against the security force members.
There were no further developments in any of the deaths resulting
from actions by security forces in 2010.
In August 2010 former president Ravalomanana was tried in absentia,
convicted, and sentenced to forced labor for life, for the 2009
killings by presidential guards of at least 30 protesters outside
Ambohitsorohitra Palace in Antananarivo. Ravalomanana continued to
claim his innocence while exiled in South Africa.
b. Disappearance.--There were no reports of politically motivated
abductions or kidnappings during the year.
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, including torture.
On March 18, Alphonse Rafaralahitsimba and Misa Arifetra
Rakotoarivelo were sent to Ambatololma Prison after they testified that
Mamy Rakotoarivelo, a leader of former president Ravalomanana's
political faction, was the mastermind behind an alleged assassination
attempt on regime leader Rajoelina on March 3. Family members of the
two men publicly claimed their confessions had been coerced under
threats and torture by electrical shock and physical violence. While
the Directorate of Territorial Security rejected these claims,
journalists were not permitted access to the detention center to view
the physical condition of the two men.
There were no further developments in the following 2010 cases: the
November arrest and reported physical abuse by proregime forces of a
group of military officers who had led an attempted coup and the April
injuries to six persons when Antsiranana police opened fire on a
funeral procession that passed in front of the central police station.
Prison and Detention Center Conditions.--Prison conditions were
harsh and life threatening. Severe overcrowding--due to weaknesses in
the judicial system and inadequate prison infrastructure--remained a
serious problem. Lengthy pretrial detention was pervasive.
As of November the country's 83 prisons and detention centers held
approximately 19,870 prisoners; although they only had capacity for
13,000. These prisoners included 785 women, 444 juvenile males, and 17
juvenile females under age 18. A total of 47 percent (9,353) had been
convicted.
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 2008 goal 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.
In June and July 2010, there were four reported deaths in
Taolagnaro Prison due primarily to malnutrition. However, NGO and media
sources indicated substantial underreporting of prison deaths, and 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 improvement in
targeted sanitation activities at several facilities in the north.
Ventilation, lighting, and temperature control in facilities were
inadequate or 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 for food.
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 being imprisoned with the general prison
population, but other political prisoners generally were held in the
same facilities. Pretrial detainees seldom were held separately from
the general prison population.
Prisoners and detainees were authorized to receive weekly visits
from relatives and permitted religious observance.
There was no provision for ombudsmen to serve on behalf of
prisoners and detainees.
There were no reports that the de facto regime permitted prisoners
and detainees to submit complaints on inhumane conditions to judicial
authorities, or that it investigated or monitored prison and detention
center conditions or acted to improve them.
Prison conditions for male and female prisoners were essentially
the same. Prison recordkeeping was inadequate and poorly coordinated
with police and judicial authorities.
Authorities 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 also were permitted to visit detainees
in pretrial or temporary detention for monitoring purposes.
d. Arbitrary Arrest or Detention.--The constitution and law
prohibit arbitrary arrest and detention; however, authorities did not
always respect these provisions in practice. Persons were arrested on
vague charges, and suspects were detained for long periods without
trial.
Role of the Police and Security Apparatus.--The de facto minister
for internal security oversees the national police, the gendarmerie,
and the coast guard, with authority to preserve law and order in both
urban and rural areas. The gendarmerie had previously been under the
authority of the Ministry of Defense. Decree 2011-687, issued on
November 21 by the de facto regime president Andry Rajoelina and
``prime minister of consensus'' Jean Omer Beriziky, elevates the de
facto state secretary for the gendarmerie, Brigadier General
Randrianazary, to one of 35 cabinet-level positions.
Lack of training and equipment, low salaries, unclear command
structures, and rampant corruption severely diminished the security
forces' ability to respond effectively to the civil unrest that began
in January 2009. By April 2009, however, security forces under the
control of the de facto regime began to assert control over
demonstrations in the capital, with an accompanying reduction in
violence. The creation in March 2009 of the Joint National
Investigation Committee, later renamed the Special Investigation Force
(FIS), added an additional security force answerable directly to the
regime leader and outside the authority of the de facto minister for
internal security. The FIS began to pursue high-profile targets without
resorting to regular judicial processes. Security forces routinely used
excessive force during arrests and while dispersing demonstrations,
employing tear gas, flash grenades, and live ammunition.
There was no systematic mechanism available for investigating
security force abuses. However, victims may lodge complaints in the
court of jurisdiction. This rarely, if ever, occurred. According to
police authorities, 125 police agents were tried between March and
September, primarily for abandonment of duty, corruption, and
extortion. There were no reported trials for excessive or arbitrary use
of force.
Arrest Procedures and Treatment While in Detention.--Although the
law requires that authorities obtain arrest warrants in all cases
except those involving hot pursuit, persons were often 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. Many citizens were unaware of
this right or were too afraid to request an attorney. Defendants have
the right to be informed of charges against them, but this right was
not always respected. A bail system exists, but bail frequently was
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 writ. Regulations 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 to certain prisoners was more limited, such
as those in solitary confinement or those arrested for political
reasons.
Arbitrary Arrest.--Arbitrary arrest occurred. For example, on March
15, Mamy Rakotoarivelo, a leader of former president Ravalomanana's
political faction, was arrested and held in police custody for 15 days.
Security forces stated that he was suspected of being the mastermind of
a March 3 ``assassination attempt'' on regime leader Rajoelina. He was
released on March 29, but three other persons arrested on the same
charges remained detained at year's end (see section 1.c.). Andry
Rajoelina subsequently appointed Rakotoarivelo as a member of the
Transitional Congress on December 1. On December 7, Rakotoarivelo was
elected president of the Transitional Congress.
Journalists were arrested during the year (see section 2.a.).
In November 2010 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 Albert Zafy) were arrested for
holding an unauthorized demonstration. They were subsequently moved to
different prisons and to an undisclosed location for five days without
the knowledge of their lawyers or family. On February 9, Adrianairina
received a suspended prison sentence of 13 months. Pastor Tsarahame and
Stanislas each received suspended prison sentences of 10 months for
holding an unauthorized demonstration and an additional suspended
sentence of six months for inciting a rebellion causing looting. The
other 16 suspects each received suspended sentences of between six and
12 months.
In November 2010 regime forces arrested Raymond Ranjeva's pregnant
daughter and searched his house, accusing him of being involved in a
coup attempt. Ranjeva allegedly was 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 was sentenced to one month's probation (see section
1.d.).
There was a sharp increase in politically motivated detentions
immediately before and after the 2009 coup. The number of arrestees
remained disputed, but several remained imprisoned (see sections 1.e.
and 2.a.).
Pretrial Detention.--The Ministry of Justice reported that
approximately 53 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, authorities often detained
individuals for significantly longer periods before charging or
releasing them. Poor recordkeeping, 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 longer
in investigative detention than they would have spent incarcerated
following a maximum sentence for the charges faced.
Amnesty.--A June 26 presidential pardon led to the July 8 release
of 3,500 detainees, including 430 from Antanimora Prison. Most released
prisoners were over the age of 65.
The SADC-endorsed roadmap calls for the creation of a Transitional
Parliament (inaugurated on December 2), which would draft and ratify an
amnesty law as a prerequisite for national elections. To promote
national reconciliation, the law would grant a blanket amnesty for all
political events occurring between 2002 and 2009, except for crimes
against humanity, war crimes, crimes of genocide, and other serious
violations of human rights and fundamental freedoms. By year's end no
action had been taken to draft amnesty legislation.
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 authorities, and intimidation
surrounded every major judicial decision since 2009. The absence of any
legitimate legislative body permitted the de facto government
effectively to rule by decree, with no check on executive power. The de
facto minister of justice, Christine Razanamahasoa, routinely expressed
opinions 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 juries. 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 trial of 13 military officers allegedly involved in the
November 2010 attempted coup was scheduled for October 10 in
Fianarantsoa. However, the defendants' families claimed that a fair
trial could only occur in the capital, Antananarivo. The trial was
postponed, and no new date announced.
The law provides traditional village institutions the right to
protect property and public order. Some rural areas used an informal,
community-organized judicial system, or ``dina,'' to resolve civil
disputes between villagers over such issues as alleged cattle rustling.
This system garnered criticism for human rights abuses, particularly
for imposing harsh sentences well outside the scope of formal law
without due process. In the past, these sentences included beheadings,
but recently focused more on exiling the convicted individual from the
district where the crime occurred.
Trial Procedures.--The law provides for a presumption of innocence;
however, this 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 they 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 held on criminal charges who cannot
afford their own attorney; however, in practice, many citizens were not
aware of this right, nor made aware of it by authorities. 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.
Political Prisoners and Detainees.--No definitive numbers were
available, but in July 2010 a Ministry of Justice source stated that
the de facto regime 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 without being charged. 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.
The SADC-endorsed roadmap calls for transitional authorities and
institutions to adopt security and confidence-building measures, to
adhere to the rule of law and the principle of equal treatment, and to
terminate ongoing legal proceedings against members of the opposition
that appear to be politically motivated. It also calls on transitional
authorities to allow all Malagasy citizens in exile for political
reasons to return to the country unconditionally, ensure the political
freedom of all citizens, and ensure an inclusive transition towards
free, fair, and credible elections.
In November Tojo Ravalomanana, the son of ousted president Marc
Ravalomanana, returned to Antananarivo from South Africa. Within days,
senior HAT officials stated that he would be subject to detention and
interrogation by the national gendarmerie or other security services,
despite the absence of any criminal charges against him. Following
protests by SADC officials, HAT authorities later declared that Tojo
Ravalomanana was not being sought by security services, and allowed him
to return to his private residence.
In August Ralitera Andrianandraina, former head of security for the
courts, who was arrested for owning a hunting rifle, was released after
27 months in prison. Andrianandraina originally was arrested in 2009,
charged with alleged murder after protesters were killed when storming
the presidential palace, and sentenced to a year's imprisonment for
illegal possession of weapons.
Some prisoners remained difficult to classify due to the effects of
corruption and intimidation in the judicial process. These prisoners
generally received treatment equal to that of other prisoners, and
international humanitarian organizations were permitted access to them.
Civil Judicial Procedures and Remedies.--The judiciary deals with
all civil matters, including human rights cases, and individuals or
organizations may seek civil remedies for human rights violations.
However, the courts lacked independence, were corrupt, and 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. Regime forces also punished family members for
alleged offenses committed by individuals (see section 1.d.).
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--Status of Freedom of Speech and
Press.--The constitution and law provide for freedom of speech and
press, but both the de facto regime and nongovernment groups actively
impeded political criticism with threats and violence against
individuals, reporters, media owners, and media outlets. A September
2010 report by international NGO Freedom House on the status of press
freedom categorized the country as ``not free,'' downgraded 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.''
Freedom of Speech.--There were no official restrictions on the
ability of individuals to criticize the regime publicly or privately;
however, several individuals reported that both the de facto regime and
nongovernment groups actively impeded political criticism with threats
and violence against individuals and opposition groups.
Freedom of Press.--There were 13 privately owned major daily
newspapers and many other privately owned national and local news
publications that were published less frequently.
More than 300 radio and television stations operated in the
country, and many shifted to live call-in shows to distance themselves
from editorial responsibility for content. During the year de facto
minister of communication Harry Laurent Rahajason withdrew the
broadcast licenses of an estimated 50 radio and television stations
that had received licenses previously and ordered them to suspend
broadcasting immediately. Meanwhile, de facto leader Andry Rajoelina's
media group, officially registered in his father's name, was given the
option to extend services in the provinces and the right to continue to
broadcast freely. After the November 2010 coup attempt, the regime sent
warning letters to four television stations implying that airing
anything seen as opposing the regime would be considered a threat to
public order and security and could lead to suspension and even
withdrawal of operating permits. Regime authorities repeatedly
postponed trials for journalists arrested in 2010 and earlier.
Books published locally concentrated on culture and education,
while self-censorship led to books of a political nature being
published abroad.
Violence and Harassment.--During the year there were reports of
individuals, some with ties to media outlets, who were threatened or
arrested for distributing publications that the regime claimed could
incite political instability. In November, James Ramarosaona, a
journalist for a major daily, was threatened on his way home and told
to ``shut up'' or his and his family's security would be in danger. He
had published articles on the importance of respecting national
sovereignty and the SADC-endorsed roadmap.
On October 25, a judge postponed the trial of the 11-member staff
of Radio Fahazavana, awaiting trial on bail since their 2010 arrest.
The defendants did not appear for their trial on that day and,
according to their lawyer, had not been notified of their trial date.
The trial date was rescheduled for January 24, 2012.
All journalists released on bail remained subject to arrest again
at any time.
In 2010 several journalists were jailed, and regime security forces
attacked residences of editors or media owners. There were at least
five incidents of authorities arresting radio journalists and/or
suspending or closing radio stations. The two journalists from the FJKM
Church arrested in 2010 had not been brought to trial by year's end.
The trial was scheduled for January 22, 2012.
Censorship or Content Restrictions.--Broadcasting licenses for
radio and television were suspended arbitrarily(see above). To maintain
access to sources and remain safe, all journalists practiced self-
censorship.
Libel Laws/National Security.--National security often was cited as
a justification for suspending licenses and arresting journalists (see
above).
Internet Freedom.--There were generally no restrictions on access
to the Internet or reports that the de facto 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.
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 of some
Web sites during the year, the Internet was considered among the more
reliable sources of information, as many Internet servers were outside
the country and could not be regulated by the regime.
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. De facto
government officials and security forces regularly impeded opposition
gatherings around the country. Five days after the nomination of the
``prime minister of consensus'' Jean Omer Beriziky on October 28, the
outgoing minister of interior's chief of staff issued a note forbidding
any political demonstration until the ``Transition Government of
National Unity'' was set up ``in order to ensure political
appeasement.''
Opposition groups repeatedly were denied the right to hold
political rallies in various public venues in Antananarivo, despite
verifying the availability of the venues and applying for the proper
permits.
On May 19, opposition protesters held an unauthorized protest near
the Anosy Court and the National Radio. Former president Albert Zafy
requested airtime on national radio, and in response, elements of the
gendarmerie scattered protesters with tear gas.
On September 10, the ``Rodoben'ny Gasy'' (the new name for the
``Trois Mouvances'' representing the political factions of the three
former presidents) was denied authorization to hold a rally at
Democracy Square in celebration of Democracy Week. The regime then
changed Democracy Square, the principal location where Rajoelina led
demonstrations before the 2009 coup, into a children's park to prevent
future demonstrations there.
Guy Maxime Ralaiseheno, leader of the Association of Mayors of
Madagascar, who was arrested in November 2010 for leading a protest,
was released from prison on January 25 but suspended from his mayoral
duties. His suspension was renewed six times, most recently on
September 26, and remained in effect at year's end.
In 2010 the de facto regime forbade protests during the November
referendum period and continued the ban through the holiday season
(Christmas to New Year's Day).
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, and the SADC-endorsed roadmap includes a requirement that the
Transitional Parliament adopt new laws on political parties and the
status of the opposition. However, by year's end no such laws had been
drafted or ratified.
c. Freedom of Religion.--See the Department of State's
International Religious Freedom Report at http://state.gov/j/drl/irf/
rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution and law provide for
freedom of movement within the country, foreign travel, emigration, and
repatriation, and the government generally respected these rights in
practice. However, in high profile cases related to former presidents
Ravalomanana and Ratsiraka, the de facto authorities prevented foreign
travel and repatriation.
The de facto authorities cooperated with the Office of the U.N.
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.
Foreign Travel.--On June 21, former minister of finance under the
Ravalomanana government, Haja Nirina Razafinjatovo, was prevented from
embarking at the Nosy Be Airport on a flight to South Africa.
Authorities cited an exit ban imposed on him for alleged embezzlement
of public funds.
Exile.--The constitution does not explicitly prohibit forced exile,
and the coup regime utilized it selectively. Former president Ratsiraka
was exiled in France until November, and former president Ravalomanana
remained in exile in South Africa at year's end. Both had a Notice to
Airmen (NOTAM) issued against them that forbid commercial airlines to
allow them to board a plane bound for Madagascar. Ratsiraka's exile
allegedly expired in November. An additional NOTAM against Ravalomanana
was issued in September; it reportedly was lifted after the signing of
the SADC-endorsed roadmap. On December 16, another NOTAM was placed
against Ravalomanana but was lifted on December 20 after protests from
the SADC and opposition groups.
While the SADC-endorsed roadmap calls for the unconditional return
of political exiles, former president Ravalomanana had not attempted to
return, subsequent to the signing of the roadmap, at year's end. In
August 2010 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. On
September 17, regime security forces issued an arrest warrant for
Ravalomanana and publicly announced that he would be immediately
arrested should he attempt to return to Madagascar.
Protection of Refugees.--Access to Asylum.--The law does not
include provisions for the granting of asylum or refugee status, but
the government provides protection to refugees. The government
cooperated with 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 belonging to families that have lived
in the country for generations. Reliable figures remained unavailable,
but Muslim leaders estimated as many as 5 percent of the approximately
two million Muslims were affected. Citizenship is transmitted through
``blood,'' and birth in the country does not automatically 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. All stateless
persons can apply for a foreign resident card which precludes voting
rights, right to own property, and eligibility for a passport, thus
limiting international travel. Stateless women can get Malagasy
nationality if they marry a Malagasy citizen and request citizenship
before the wedding date.
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 effectively was
curtailed following a coup d'etat and the overthrow of the elected
government in 2009. Following the 2008 closure of his television
station, VIVA TV, Andry Rajoelina, the former mayor of Antananarivo,
led a March 2009 coup in opposition to then president Ravalomanana.
Unable to consolidate his rule in the face of domestic and
international condemnation, Rajoelina began negotiating with the
opposition in August 2009. Unhappy with the results of those
negotiations, 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 2010 Rajoelina unilaterally announced roadmaps
to elections that were postponed multiple times. In November 2010 a
constitutional referendum to adopt a new constitution was held, but
neither the opposition nor most of the international community
recognized it, due to considerable irregularities both in the drafting
of the document and in the conduct of the referendum. Countrywide
mayoral elections scheduled for December 20 were postponed
indefinitely.
After a September 2010 National Conference that was seen as
unilateral as the opposition either boycotted or was not allowed to
participate, Rajoelina appointed a ``transition'' parliament, but it
was not recognized by the international community.
On September 17, several political parties--including two of the
three political factions associated with former presidents
Ravalomanana, Ratsiraka, and Zafy--signed the ``Roadmap for Ending the
Crisis in Madagascar,'' endorsed by the SADC. The Roadmap outlines a
plan for setting up neutral institutions, with the aim of holding free
and fair elections. Basing his actions on the requirements laid out in
the SADC-endorsed roadmap, Rajoelina nominated a ``Prime Minister of
Consensus'' on October 28, a ``Government of National Unity'' on
November 21, and members of a ``High Transitional Council'' (CST) and
``Transitional Congress'' (CS) on December 1. Members of the CST and CS
were inaugurated on December 2.
Elections and Political Participation.--Recent Elections.--Indirect
elections to the 33-member senate took place in 2008. The ``I Love
Madagascar'' Party of then president Ravalomanana 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.
Political Parties.--Political parties could not operate without
restriction or outside interference. Members of parties opposing the
party or policies 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 also were dominated heavily by the urban
elites from the more influential Malagasy tribes.
Participation of Women and Minorities.--The first de facto
Rajoelina government had five women in the 31-member cabinet. When
reshuffled on March 26, six women were nominated to cabinet-level
positions out of 31; when reshuffled again on November 21, eight women
were nominated out of 35 cabinet members. At year's end 77 of the 579
members were women. Before the March 2009 coup d'etat, there were four
women in the 21-member 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.
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 regime
institutions.
Section 4. Official Corruption and Government Transparency
The law provides criminal penalties for official corruption;
however, the de facto 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 serious 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 hardwoods, primarily from
the northern forests, which was thought to have been facilitated by
bribery and profiteering 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 asserting that they paid
de facto leader Rajoelina directly for illegal logging rights.
The Independent Anticorruption Bureau (BIANCO), a nominally
independent government agency with a presidentially appointed director
and oversight from the Committee for the Safeguard of Integrity within
the presidency, did not address corruption and abuses of power
perpetrated by security forces and civilian officials, nor did it 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 to increase cooperation
on data collection and case referrals. However, implementation was
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 one-third of those required to disclose assets or income
did so. Enforcement of disclosure laws remained ineffective.
There are no laws providing for public access to government
information. Educational material on corruption, including statistics,
was available to citizens and noncitizens, including foreign media.
However, the information was limited, neither regularly updated nor
thoroughly verified.
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 restriction, investigating and publishing their
findings on human rights cases. Regime officials generally were
unresponsive to their views, but international human rights groups were
allowed to enter the country, conduct their work, and consult freely
with other groups.
There were several domestic NGOs in the country that worked on
human rights, but very few had 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. Several others worked
to monitor human rights issues and actively participated in public and
private fora on the subject. Political movements occasionally attempted
to co-opt these organizations, leading to accusations of their
increasing politicization, but they were not routinely suppressed or
subjected to harassment.
U.N. and Other International Bodies.--Following the 2009 coup, the
U.N. and other international bodies widely criticized the Ravalomanana
government and Rajoelina's de facto regime for human rights abuses and
for their continued failure to resolve the ongoing crisis through
dialogue and new elections. The U.N. played an active role as part of
the international mediation team, as did the International Contact
Group on Madagascar, the African Union, the International Organization
of the Francophonie, and the SADC, which took the lead role in
mediation efforts from the middle of 2010.
Government Human Rights Bodies.--There is an Office of the
Ombudsman that conducts minimal activities. There is normally a
National Human Rights Commission led by the Ministry of Justice or
Ministry of Foreign Affairs, but it was not functioning at year's end.
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 governmental institutions were
designated to enforce these provisions.
Women.--Rape and Domestic Violence.--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 authorities 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. The Union of
Social Workers recorded cases at the Public Hospital of Befelatanana in
Antananarivo from January to July and found 91 cases of rape out of 353
cases of sexual abuse. The majority of the victims were between the
ages of 10 and 18. These figures greatly underestimated the extent of
rape nationwide, but no reliable figures were available.
The law prohibits domestic violence, and it is punishable with two
to five years in prison and a fine of four million ariary ($1,800),
depending on the severity of injuries and whether the victim was
pregnant, but it remained a widespread problem. In 2007 the
government's National Institute for Public Health estimated that 55
percent of women were victims of domestic violence. The U.N. Population
Fund (UNFPA) estimated in 2006 that one-third of women in the southern
and southeastern region 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 impact correlated with a rise in the
incidence of domestic violence, with two- or three-fold increases in
cases reported.
Sexual Harassment.--Sexual harassment is against the law. Penalties
ranged from one to three years imprisonment, plus a fine of one to four
million ariary ($450 to $1,800). This penalty increases to two to five
years' imprisonment plus a fine of two to 10 million ariary ($900 to
$4,500), 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 authorities enforced sexual
harassment laws when cases were brought to court; however, there were
no reported court cases during the year.
Sex Tourism.--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 de
facto authorities continued their national awareness campaign (begun by
the Ravalomanana government before the coup) by posting signs
throughout airports and hotels, including a full-page in the customs
booklet given to arriving international passengers that warns against
engaging in sex tourism.
Reproductive Rights.--Couples and individuals freely exercised
their reproductive rights with no legal or policy discrimination or
coercion. Citizens had 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 use rate was 28 percent. Skilled attendance during
childbirth was estimated at 51 percent but was lower in rural areas
where there were few trained health workers and people were unable to
access reproductive health and maternity services. All delivery
services, including caesarean sections, were free in government health
facilities. A variety of programs were instituted to expand the
availability of quality care, but these were limited given the
constraint on resources. A National Statistics Institute survey issued
in June 2010 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. The major factors that
contributed to a high maternal mortality ratio were the distance from
and high cost of health centers, the low quality of hospital services,
maternal chronic malnutrition including anemia, high rates of
adolescent pregnancy, and the lack of adequate spacing between
pregnancies. Men and women had equal access to diagnosis and treatment
of sexually transmitted infections. While there were no legal barriers
to accessing these services, there were enormous infrastructure
inconsistencies. Some social and cultural barriers also limited access.
Discrimination.--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 provisions
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 governmental 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 or state-owned companies. In
rural areas, where most of the population was engaged in subsistence
farming, more traditional social structures tended to favor entrenched
gender roles. While there was 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
included 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.--Birth Registration.--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. 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 2010 UNICEF study, 25
percent of children in the country under the age of five were not
registered.
Education.--The constitution provides for tuition-free public
education for all citizen children and makes primary education until
age 14 compulsory. At the beginning of the school year, some schools
asked parents to advance registration fees with the intent that
government subsidies would reimburse these. At year's end only some
parents were reimbursed. Registration fees were 18,000 ariary ($8) for
primary school, 20,000 ariary ($9) for middle school, and 25,000 ariary
($11) for high school. Furthermore, a lack of public school teachers
encouraged some schools to rely on their Parents' Association to pay
all or a portion of teachers' salaries in an effort to attract/retain
teachers.
Child Abuse.--Child abuse was a problem. Since the beginning of the
political crisis, cases of child rape increasingly appeared in the
media, including two high-profile cases. Authorities rarely intervened
in cases of child abuse.
On April 24, Jao Jean, a member of the de facto parliament, was
accused of kidnapping and raping a 16-year-old girl in Antsohihy. The
Ministry of Justice issued an arrest warrant, but Jean remained free
until arrested November 30. Police officials commented that
``scrupulous application of democracy and tact'' was required for the
arrest.
In May, Patrick Nicaud, reportedly a French citizen, was accused of
allegedly raping underage girls in the port city of Toamasina. The case
was highly publicized, with pictures of the alleged acts appearing in
local media. The de facto minister of justice reportedly met with
Nicaud but took no action to investigate the claim.
Child Marriage.--Government statistics in 2008 indicated that one-
third 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 for both boys and girls. An estimated 39 percent of women between
the ages of 20 and 24 were married before age 18, according to UNICEF
data collected between 2000 and 2009.
Sexual Exploitation of Children.--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 resulted in a
conviction. Law enforcement officials noted that the law was often not
uniformly interpreted or applied.
Of the 353 victims of sexual abuse received at the Befelatanana
Hospital between January and July, 339 victims were under the age of
18. No comprehensive data had been collected about the prosecution of
the perpetrators, but the Social Workers' Union (SPDTS) received
reports that most incidences were acquaintance rapes (carried out by
boyfriends, close family members, or neighbors). Of 36 cases that SPDTS
followed, 21 presumed perpetrators were released on bail, and 15
remained under retaining writ.
Children increasingly engaged in prostitution for survival with or
without third-party involvement. 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.
The Ministry of Health, in collaboration with UNICEF, operated more
than 14 multi-sector networks throughout the country to protect
children from abuse and exploitation. Several ministries worked with
UNICEF to develop training manuals on child rights and safeguards for
officials working in child protection networks.
A child sex tourism problem exists in coastal cities, including
Tamatave, Nosy Be, Diego Suarez, and Majunga, as well as the capital
city of Antananarivo.
Displaced Children.--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
governmental agencies generally tried to place abandoned children with
parents or other relatives first. A traditional taboo 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.
International Child Abductions.--The country is not a party to the
1980 Hague Convention on the Civil Aspects of International Child
Abduction.
Anti-Semitism.--The Jewish community is very small, and there were
no reports of anti-Semitic acts.
Trafficking in Persons.--See the Department of State's Trafficking
in Persons Report at http://state.gov/j/tip.
Persons With Disabilities.--The law prohibits discrimination
against persons with physical and mental disabilities, broadly defines
their rights, and provides for a national commission and regional
subcommissions to promote the rights of persons with disabilities. In
practice, however, these rights rarely were 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. In general, access to education for persons with disabilities
was limited, due to lack of adequate infrastructure, specialized
institutions, and teachers. A network of women with disabilities,
``Association des Femmes Handicapees de Madagascar,'' advocated for
their rights.
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. A 2009 study found that the school attendance rate of
children with disabilities 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
politics. 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 penal code provides for a
prison sentence of two to five years and a fine of two to 10 million
ariary ($900 to $4,500) for acts that are ``indecent or against nature
with an individual of the same sex under the age of 21.'' There were
reports of official abuses occurring at the community level, such as
administrative officials denying health services to transgender persons
or breaking confidentiality agreements, although no cases have ever
been pursued in court.
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 violent rejection, particularly of transgender 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 frequently were targets of aggression, including verbal abuse,
stone throwing, and even murder. In recent years, awareness of ``gay
pride'' increased through positive media exposure, but general
attitudes have not changed.
Other Societal Violence or Discrimination.--Persons with HIV/AIDS
were subject to stigma and discrimination.
In 2007 the government adopted a law providing for HIV/AIDS
patients' rights to free and quality health care, and specifying
sanctions against persons who discriminated against or marginalized
persons with the disease. This reportedly helped reduce discrimination,
following public testimony and greater awareness of issues affecting
those living with HIV/AIDS. The ministries of health and justice, and
the National Committee for the Fight Against AIDS in Madagascar,
enforced the law. Since the 2009 coup, foreign donors have largely
suspended funding for HIV/AIDS programs.
Section 7. Worker Rights
a. Freedom of Association and the Right to Collective Bargaining.--
The law provides that public and private sector workers may establish
and join labor unions of their choice without prior authorization or
excessive requirements. Civil servants and maritime workers have their
own labor codes. The maritime code governs workers in the maritime
sector and does not contain sufficiently clear provisions ensuring the
workers this right. In addition those classified as essential workers--
including police, military, and firefighters--may not form unions.
The law allows unions to conduct their activities with a certain
amount of government interference. The law provides most workers with
the right to strike, including in EPZs. However, a strike is prohibited
if there is a possibility of ``disruption of public order,'' or if the
strike would endanger the life, safety, or health of the population.
Workers must first exhaust conciliation, mediation, and compulsory
arbitration procedures, which may take eight months to two and one-half
years. Workers in other essential services (the labor code does not
provide a comprehensive list of ``essential services''), such as
magistrates, have a recognized but more restricted right to strike.
They are required by law to maintain a basic level of service and to
give prior notice to their employer. The labor code also provides for
fine and/or imprisonment for the ``instigators and leaders of illegal
strikes,'' whether the strike is peaceful or not.
The law prohibits antiunion discrimination by employers. In the
event of antiunion activity, unions or their members may file suit
against the employer in civil court. However, civil servants and public
sector employees are not afforded legal protection against acts of
antiunion discrimination and interference.
The law also provides workers in the private sector, except for
seafarers, the right to bargain collectively. Public sector employees
not engaged in the administration of the state, such as teachers hired
under the auspices of donor organizations or parent's associations to
work in public schools, do not have the right to bargain collectively
on their conditions of employment.
Workers exercised some of these rights in practice, including the
right to join a union and engage in strikes during the year. However,
the Ministry of Civil Services and Labor indicated that some employees
did not join unions due to fear of reprisal. The authorities generally
respected the right of unions, including those in the EPZs, to conduct
their activities without interference.
There were no specific reports that employers refused to bargain,
or bargained with unions not chosen by workers, or used hiring
practices to avoid hiring workers with bargaining rights. Collective
agreements were signed, mainly in public enterprises.
Passage of an EPZ law in 2008 notably reduced worker rights, by
allowing labor laws in EPZs to vary from the country's standard labor
code. EPZ labor contracts may now differ in terms of contract duration,
restrictions on the employment of women during night shifts, and the
amount of overtime permitted. Previously, EPZ activities centered
mostly on textile factories, most of which were closed, and no specific
violations were reported during the year.
b. Prohibition of Forced or Compulsory Labor.--Also see the
Department of State's Trafficking in Persons Report at http://
state.gov/j/tip
c. Prohibition of Child Labor and Minimum Age for Employment.--
There were laws to protect children from exploitation in the workplace,
but they were not effectively enforced. Child labor was a widespread
problem.
The minimum age for employment was 15, consistent with educational
requirements. However, the de facto regime did not effectively enforce
the law. The law allows children to work a maximum of eight hours per
day and 40 hours per week with no overtime. The law prohibits persons
under the age of 18 from working at night and at sites where there is
an imminent danger to health, safety, or morals. Employers must observe
a mandatory 12-hour rest period between shifts. Occupational health and
safety restrictions include parental authorization and a medical visit
before hiring.
The International Labor Organization's 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 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 approximately
100 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.
A 2007 decree regulates the working conditions of children, defines
the worst forms of child labor, identifies penalties for employers, and
establishes the institutional framework for its implementation. NGOs
reported the decree improved awareness of the issue, which was not
matched with more effective pursuit of labor law violators. During 2010
the Ministry of Civil Services and Labor organized a child labor
workshop for labor inspectors in Antsirabe and established an action
plan for regional child labor inspectors to use mass media and private
sector monitoring to combat child labor.
NGO-run welcome centers in Antananarivo, Tamatave, and Tulear
continued to receive victims of trafficking and forced labor.
Also see the Department of Labor's Findings on the Worst Forms of
Child Labor at http://dol.gov/ilab/programs/ocft/tda.htm.
d. Acceptable Conditions of Work.--The monthly minimum wage was
90,235 ariary ($40) for nonagricultural workers and 91,520 ariary ($41)
for agricultural workers. The official estimate for the poverty income
level put the threshold at 468,800 ariary ($211) per person per year.
The Ministry of Civil Services and Labor was responsible for enforcing
the working conditions and minimum wages prescribed in the labor code.
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 and required 2.5 days
of paid annual leave per month. If the hours worked exceed the legal
limits for working hours (2,200 hours/year in agriculture and 173.33
hours/month in other sectors), employers are legally required to pay
overtime in accordance with a Labor Council decree, which also denotes
the required amount of overtime pay.
The government is charged with setting occupational safety and
health (OSH) standards for workers and workplaces. However, penalties
for non-compliance are not defined in the labor code, which only
requires an inspection before a company can open. 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. 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.
Authorities often encountered trouble enforcing the minimum wage
and the workweek laws, due to inadequate resources and insufficient
personnel. The labor inspectors in the Ministry of Civil Services and
Labor were sufficient to effectively monitor conditions for workers
only in the capital. 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. Employees
often were required to work until production targets were met. In some
cases, this overtime was unrecorded and unpaid. Workers' right to
remove themselves from a dangerous workplace was not always respected
in practice.
Violations of wage, overtime, or OSH standards were common in the
informal sector and in domestic work, where many are paid below minimum
wage and work extensive hours.
EPZ companies in general respected labor laws, as many foreign
importers required good working conditions in compliance with local law
before signing contracts with EPZ companies.
There was no specific action by de facto authorities during the
year to prevent violations and improve wages and working conditions,
other than standard inspections, which are not adequate or exhaustive.
__________
MALAWI
executive summary
Malawi is a multiparty democracy. In 2009 voters reelected Bingu wa
Mutharika of the Democratic Progressive Party (DPP) as 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.
Three major human rights issues in the country include the use of
excessive force by security forces, which resulted in deaths and
injuries; harsh and life-threatening prison conditions; and limits on
freedom of speech, press, and political expression.
Other human rights problems included arbitrary arrest and
detention; lengthy pretrial detention; official corruption; occasional
mob violence; societal violence against women; trafficking in persons;
discrimination against lesbian, gay, bisexual, and transgender (LGBT)
persons; and child labor.
In some cases, the government took steps to prosecute officials who
committed abuses, but impunity remained a problem.
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 20 persons on July 20 and 21 during and after
demonstrations against the government in Lilongwe, Blantyre, Mzuzu, and
Karonga.
The demonstration was organized to protest President Mutharika and
his ruling DPP's inaction on ``poor economic and democratic
governance.'' An injunction banning public demonstrations throughout
the country delayed the start of the protest, but after the injunction
was lifted protests went ahead. Only protesters in Blantyre secured
last-minute legal permission for the demonstrations. Protests in all
cities devolved into violence on July 20, with police firing tear gas
and warning shots and disorganized groups destroying property. Civil
unrest continued the following day with widespread looting in major
cities. In an attempt to restore order, police used tear gas and live
bullets. The Malawi Defense Force (MDF) deployed on both July 20 and 21
to quell violence and restore calm. The final death count, including
victims who died later from injuries, was 20 persons. None of those who
died was a participant in the demonstrations.
On November 30, a commission of inquiry into the events commenced
work with several public hearings and another session planned for the
northern region in early 2012. The commission has an eight-month window
to complete its work. To date, police have admitted using live bullets
and the inspector general of the Malawi Police Service (MPS) admitted
to mishandling the protests and called for a return of bonuses paid to
police who worked during the July unrest.
On September 24, Robert Chasowa, vice president of ``Youth for
Freedom and Democracy'' and a student at the Polytechnic School, was
found dead on campus under controversial circumstances. Chasowa was
under police watch for the publication of ``Political Update,'' which
was highly critical of the government. Police claimed that he committed
suicide by falling from a building, and as evidence, produced two
suicide notes. Irregularities in the letters raised suspicions and
Chasowa's family demanded further investigation. A postmortem in
October concluded that he died from head injuries sustained from
assault by a blunt instrument and not as a result of a fall. A
commission of inquiry was to investigate the circumstances surrounding
Chasowa's death, but no one had been named to the panel by year's end.
Police arbitrarily shot and killed suspects. For example, on
December 20, police shot and killed four suspects in Limbe who were
trying to escape after allegedly planning to break into a shop. The
same night, police also shot and killed a man in Blantyre suspected of
attempted robbery. No action reportedly was taken against the police
officers responsible.
Police were implicated in the death of several prisoners in
custody. For example, in March Emmanuel Kafere died in a police cell at
Mulenga police unit in Zomba. A postmortem indicated that Kafere died
from internal bleeding after suffering head stab wounds, two broken
legs, and a broken arm. The policeman accused of Kafere's death was
charged with murder and appeared in court on March 21. At year's end,
he was being held in pretrial detention and the case was awaiting
trial.
On December 4, Kingsley Khope died in Ndirande police's custody in
Blantyre. Family members were denied visitation and demanded a
postmortem. Police claimed Khope died on arrival at the hospital after
complaining of malaria, but the family accused police of causing the
death by assaulting Khope.
Perpetrators of past abuses were occasionally punished, but
investigations often were abandoned or remained inconclusive. For
instance, there were no further developments in the following 2010
killings: the July shooting death of Silence Kapalamula by a police
officer and the September death of a woman and her child, who were
struck and killed by a speeding truck driven by a police officer.
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 July 31, former soldier Ulemu Martin Nkhata was arrested and
manhandled by police after he turned himself in. Allegedly, Nkhata
illegally possessed a gun. He sustained several cuts on his body and
was later hospitalized. While police claimed a mob beat Nkhata after he
was caught stealing, Nkhata identified 13 policemen as his attackers.
Nkhata's wife backed up his story as she was at the police station when
he turned himself in. A regional police spokesman claimed that he was
not aware of alleged police brutality, and no further action was taken
by the authorities.
On December 18, police officers beat Joseph Nyirenda at a football
match. Nyirenda claimed that following the assault, police took him
into custody and ordered him to pay 5,000 Malawian kwacha (MWK) ($30)
police bail. After complaining to a human rights organization, Nyirenda
was admitted to Karonga District Hospital. At year's end, no charges
had been filed for alleged police brutality.
There were no further developments in the March 2010 beating of
Harry Mwandama by police and the May 2010 beating of Mercy Lozani by
three police officers.
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 generally was available in the daytime, but unavailable after
regular working hours. For more involved cases of illness and injury,
referrals were made to district medical clinics. Potable water was
available. Prison recordkeeping was considered generally reliable.
The prison system's 30 facilities, built to accommodate
approximately 5,500 inmates, routinely held at least double that
number. According to the Prison Service, there were 12,033 inmates in
the prison system at year's end. Police stations also held detainees,
many for longer than the legal limit of 48 hours. Police stations were
not built to accommodate humanely to long-term detention. A report on
pretrial detention by Open Society Initiative for Southern Africa
(OSISA) indicated that Lilongwe Police Station had 87 detainees,
including four women and seven children. One of the detainees in
Lilongwe had been held for seven months.
Prison staffing remained inadequate despite efforts to recruit more
staff. Daily prison rations were meager. Family members were allowed to
bring 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 an inadequate diet. For example, 32 inmates died at
Zomba Maximum Security Prison during the year. Eastern Region Prison
spokesperson Kumbukani Chikomo attributed the deaths to prison
congestion, which complicated identification and treatment of sick
prisoners.
In 2009 the High Court noted that overcrowding had contributed to
the death of 259 inmates in a span of approximately18 months. The court
decreed that the government had 18 months (which expired May 2011) to
improve prison conditions. At year's end, the prison system was not in
compliance with the judgment.
The 157 female prisoners were segregated within 16 prison compounds
located in 30 facilities, and monitored by female guards and a female
officer-in-charge, who keeps the keys to the female section of the
prison. Pretrial detainees often were not held separately from
convicted prisoners. The 2011 OSISA report found that the supervision
of female detainees varied in police detention. In Lilongwe and Mzimba,
both male and female officers supervise female detainees, while in
Blantyre, Thyolo, and Zomba only female guards monitored female
prisoners.
According to the Prison Service, at year's end there were 486
children in prison, either serving sentences or awaiting trial. Malawi
Prison Service defines persons under age 18 as children, with those
between the ages of 18 and 21 classified as ``young offenders.''
Children could be detained in the country's reformatory centers, but
for a maximum of six months, and only as a last resort or if the child
is likely to be a repeat offender. There were two juvenile detentions
centers (reformatory centers) in the country. The Mpemba boys' home
could accommodate 370 children, and Chilwa 120 children. In practice,
children were not always held separately, at least in police detention.
While Victim Support Units attended to the needs of vulnerable
detainees such as women and children in Lilongwe and Zomba, other
locations, such as Mzimba, had no protective measures in place due to a
lack of facilities.
Prisoners generally were allowed to have visitors, observe their
religious practices, and 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 seek permission to visit any
prisons during the year. However, the NGO Irish Rule of Law
International and senior foreign diplomats visited prisons during the
year.
The government increased the budget allocation for the Prison
Service from the previous year's 1.2 billion MWK to 2.4 billion MWK
($7.1 million to $14.2 million). However, the bulk of the increase was
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 MPS, controlled by
the Ministry of Home Affairs and National Defense, had responsibility
for law enforcement and maintenance of order. Police occasionally
called on the army for support in operating roadblocks and assistance
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 in the recruiting pool hampered efforts to improve
MPS quality. 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 an accused person the right to challenge the legality of
detention, have access to legal counsel, and 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 evidence
presented 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 often
granted to reduce prison overcrowding rather than on the merits of the
case (see section 4).
While the government is obligated to provide legal services to
indigent detainees, in a vast majority of cases, such aid is only
provided to homicide suspects. Due to limited resources, the Department
of Legal Aid prioritizes its assistance, focusing on vulnerable groups
such as women, children, the elderly, and those facing capital offense
charges. Legal Aid access often was delayed, since there were only 24
lawyers and seven paralegals working as public defenders in the
country. Relatives were sometimes denied access to detainees.
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.
Arbitrary Arrest.--The government arbitrarily arrested persons,
sometimes using colonial-era antisedition and treason laws to stifle
criticism.
On February 28 and March 1, police arrested 54 persons in Blantyre
City in an apparent effort to round up criminals. All were later fined
and released under a colonial-era rogue and vagabond law.
In December police arrested more than 4,000 persons in a nationwide
sweep designed to increase security over the holiday season. Arrest
charges included robbery, theft, and violation of the colonial-era
rogue and vagabond law. A police spokesperson noted that of the 4,000
detained, some were in police custody, some were fined, and others were
in pretrial detention.
During the year the MHRC received six complaints of arbitrary
detention related to excessively long pretrial detention, denial of
bail, and unheard appeals.
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 United Democratic Front.
Pretrial Detention.--A total of 1,480 persons, or 12 percent of the
total prison population of 12,033, were in pretrial detention. Most
pretrial homicide suspects were held in pretrial detention for two to
three years, but there was 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. However, during a fall visit to Maula prison, a reputable
NGO discovered that there were 1,986 prisoners, of which nearly 600
were detainees awaiting trial. Of these pretrial detainees, 122 were
being held on expired warrants. In December the NGO identified three
youthful pretrial detainees (two age seven and another age five) and
worked to get them released on bail.
To reduce case backlog and excessive pretrial detention, minor
cases are being directed to traditional courts (run by chiefs) and
``camp courts'' (led by civil society). Camp courts expedite cases by
bringing magistrates to the prison. Paralegals gather cases of pretrial
detainees who have overstayed, are held unlawfully or have been granted
bail but cannot afford the terms set by the court. Magistrates, along
with the court clerk and police prosecutor, work through the list
granting bail to some, reducing bail, dismissing cases, or setting a
date when the accused must appear for trial.
e. Denial of Fair Public Trial.--The constitution and law provide
for an independent judiciary, and the government generally respected
judicial independence in practice. 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 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. A
Child Justice Court was set up in 2005 in Blantyre to handle cases
involving child offenders. 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. Due to limited resources, such
assistance generally was limited to homicide cases. 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 often were 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 67 complaints of
limited access to justice and four complaints of unfair administrative
justice 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 sometimes 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
out the wanted individual from hiding.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--Status of Freedom of Speech and
Press.--The law provides for freedom of speech and press; however, at
times the government attempted to limit these rights.
Freedom of Speech.--The government sometimes threatened the use of
colonial-era antisedition and treason laws to stifle criticism.
Following the president's March 6 directive to quell dissent,
several members of civil society, including some of the July 20 protest
organizers, were victims of attempted violence and arson. The home of
one human rights activist and the office of another human rights
organization were firebombed. Other activists faced attempted home or
office invasions.
On October 14, four human rights activists were arrested and
charged with sedition and conducting a demonstration without
permission. The four had held placards calling President Mutharika a
dictator during a demonstration coinciding with a regional summit. On
October 19, the magistrate granted bail to all four and ordered them to
report to the police every two weeks. At year's end, the case was
awaiting trial.
Freedom of Press.--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. Independent newspapers included two dailies, one
biweekly and four weeklies.
There were 16 private radio stations that broadcast primarily in
urban areas and six community radio stations. State-owned Malawi
Broadcast Corporation (MBC) TV was the sole national television
broadcaster. In November the Malawi Communications Regulatory Authority
awarded four new radio and television broadcasting licenses. Three of
the successful license recipients were either owned by or closely
connected to President Mutharika's family.
In January President Mutharika signed a law empowering the
government to ``prohibit the publication or importation'' of
publications deemed to be ``contrary to the public interest.'' The MHRC
took the controversial ``media freedom law'' to the High Court and the
case was pending at year's end. The law was also referred to the Malawi
Law Commission for review in December.
Violence and Harassment.--Journalists were harassed, intimidated,
and threatened with arrest during the year.
A few journalists reported that they received death threats. For
example, Nation Publications Limited journalist Phillip Pemba reported
death threats received in the aftermath of an article revealing that
Robert Chasowa had dealings with police to stop the planned August 17
protests before his suspicious death in September (see section 1.a.).
Similarly, a Radio Maria journalist received a death threat message on
his cell phone after reporting on remarks by First Lady Callista
Mutharika on the scarcity of fuel. In September a former employee of
Malawi Institute of Journalism received death threats for allegedly
publicizing a recording of ``a private conversation'' between President
Mutharika's brother and a former deputy minister of sports and culture.
On October 20, a Capital Radio host received death threats due to his
critical reporting. Investigations into these cases were pending at
year's end.
Police also questioned and arrested journalists. For example, on
the weekend prior to the July 20 demonstrations, unidentified
individuals set fire to vehicles belonging to private radio broadcaster
Zodiak Radio, and when protests and civil unrest occurred as a result,
journalists were detained and beaten while covering the events.
In October police questioned Weekend Nation Editor George Kasakula
and Malawi News Deputy Editor Innocent Chitosi of Blantyre Newspapers
Limited. These papers had carried detailed insights into Chasowa's
death and dealings with the police.
Censorship or Content Restrictions.--Journalists sometimes
practiced self-censorship, especially at government-owned media outlets
such as MBC Radios One and Two and MBC TV.
Prior to the July 20 demonstrations, MBC TV characterized the
planned protests as a gay rights campaign and only ran content with
messages against the demonstrations. On July 20, the director general
of the Malawi Communications Regulatory Agency (MACRA) warned private
media they could face legal action for broadcasting live reports from
demonstrations as they ``may incite violence'' leading to damage and
loss of life. In a statement, he stated that ``the authorities would
like you to desist from such broadcasts with immediate effect in the
interest of the security of the nation.'' Most private broadcasters
complied with this order. MACRA shut down Joy Radio, Capital Radio, and
Malawi Institute of Journalism FM for approximately four hours on July
20.
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. Lack of
infrastructure and the high cost of Internet connections continued to
limit Internet access.
Academic Freedom and Cultural Events.--Unlike the previous year,
there were government restrictions on academic freedom during the year.
While there were no restrictions on cultural events, the government
sporadically censored films that were deemed to contain culturally
sensitive or sexually explicit material.
On February 12, police interrogated Blessings Chinsinga over his
classroom lecture on the cause of mass protests in Egypt and Tunisia.
Lecturers at the University of Malawi's Chancellor College publicly
protested the interrogation, but their union's demand for academic
freedom went unheeded. In response, lecturers boycotted the classrooms
starting February 16. Four lecturers, including Chinsinga and the
acting president of the Chancellor College Academic Staff Union, were
suspended. Chancellor College officially closed twice, but reopened on
November 14 after nearly nine months without classes. Although the four
lecturers were reinstated, the underlying academic freedom issue had
not been resolved to their satisfaction.
b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The constitution and law provide for freedom of assembly,
but the government fettered this right in practice. The law and
government action chilled attempts of public protest. For example, the
Police Act of 2010, which the Malawi Law Commission was reviewing at
year's end, holds organizers accountable for any damages and injuries
during a protest. City Councils and police routinely ignored or delayed
responding to protest notifications, which prevented groups from
receiving legal authorization to exercise their right to assemble.
Injunctions and court orders were routinely used to block protests.
During a March 6 political rally, President Mutharika stated that
demonstrations should be subject to a deposit of two million MWK
($12,000). At year's end, the government had not enforced this
proclamation.
On February 14, police arrested leaders of a planned demonstration
about fuel shortages, preventing the protest from taking place.
On July 20, civil society groups organized demonstrations to
protest the inaction of President Mutharika and his ruling DPP on
``poor economic and democratic governance.'' Twenty persons died when
violence broke out during protests that went ahead despite an
injunction banning public demonstrations (see section 1.a.).
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 and NGOs were routinely delayed and prevented
domestic and international NGOs from registering. The Office of the
President and cabinet were involved in the approval process for new
registration, which added an element of politicization. On several
occasions, ministers threatened to deregister NGOs involved in protests
or with views contrary to those of the government, although at year's
end, no organizations had been deregistered.
c. Freedom of Religion.--See the Department of State's
International Religious Freedom Report at http://state.gov/j/drl/irf/
rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution and laws provide for
freedom of movement within the country, foreign travel, emigration, and
repatriation, and the government generally respected these rights in
practice. However, delays in obtaining passports delayed travel for
some citizens.
The government cooperated with the Office of the U.N. High
Commissioner for Refugees (UNHCR) and other humanitarian organizations
in providing protection and assistance to refugees, asylum seekers, and
other persons of concern.
Protection of Refugees.--Access to Asylum.--The law provides for
the granting of asylum or refugee status, and the government has
established a system for providing protection to some 13,000 refugees,
primarily from Central Africa.
Nonrefoulement.--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. There were no reports of deportations of recognized refugees
during the year.
Refugee Abuse.--Security forces sometimes intimidated refugees and
asylum seekers. Police routinely detained refugees found illegally
outside of camps and returned them to camps. Local citizens often
accused refugees of theft and demanded their deportation.
Employment.--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 in previous years given work permits to pursue
employment outside the camps. There remain some individuals, notably
nurses and teachers, who have been issued such permits in the past and
remain in employment based on them. UNHCR, NGOs, and the government
collaborated to provide basic assistance, including education to
children, in refugee camps.
The government cooperated with UNHCR in assisting refugees and
asylum seekers but restricted refugees' ability to move freely and work
outside of refugee camps.
Access to Basic Services.--Refugees have access to health services
through a clinic in the camp, which serves both refugee and local
community populations. Malawian laws and the justice system are
applicable and accessible to refugees. In practice, access was limited
by lack of knowledge on the part of refugees as to services available.
Durable Solutions.--By law the government does not accept refugees
for permanent settlement.
Temporary Protection.--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.
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.--Recent Elections.--In May
2009 the citizenry re-elected Bingu wa Mutharika of the DPP 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 faced by opposition
parties and candidates. Opposition parties accused the government of
using public funds for campaign purposes.
Nationwide local elections were last held in 2000 and have been
repeatedly postponed since. In December 2010 the president unilaterally
suspended the nine-member Malawi Electoral Commission (MEC), which was
preparing for local polls scheduled for April 2011. The reason for the
suspension was an investigation into missing funds. The investigation
revealed the problem to be lack of documentation and not fraud, so the
commissioners were reinstated on April 4. However, 10 MEC financial
staff remained on suspension at year's end, which hindered MEC
operations.
The executive branch exerted considerable influence over the
unicameral national assembly, which followed a hybrid parliamentary
system loosely based on both British and presidential-parliamentary
models. All cabinet ministers were also members of the National
Assembly, although they were not required to be.
Although the government did not prohibit 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.
Political Parties.--While parties generally were allowed to operate
without restriction or outside interference, there were instances of
intimidation by members of the ruling DPP.
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 Party applied for registration in April, but its application
was rejected. The party was finally registered July 28, but only after
a Supreme Court ruling compelled the government to accept the
application.
Participation of Women and Minorities.--There were 39 women in the
193-seat National Assembly and eight women in the 32-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 minority groups, defined as ``white,''
``colored'' (``mixed race''), and South Asian, in the National
Assembly.
Section 4. Official Corruption and Government Transparency
The law provides criminal penalties for official corruption, and
the government has had some success prosecuting cases; however,
officials frequently engaged in corrupt practices with impunity. The
World Bank's 2010 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.
The Malawi Anti-Corruption Bureau (ACB) investigated, indicted, and
prosecuted persons charged with low-level corruption 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 289 investigations during the year,
which resulted in 77 referrals to prosecutors. A total of 65 corruption
cases were prosecuted during the year, resulting in 11 convictions,
five acquittals, and no withdrawals.
A final verdict in the 2007 corruption case against former
president Muluzi was pending at year's end.
The constitution provides for public access to government
information, in so far as such information is required for the exercise
of an individual's rights. In practice, 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.
U.N. and Other International Bodies.--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.
Government Human Rights Bodies.--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.
The Office of the Ombudsman is mandated to investigate government
officials responsible for human rights violations and other abuses. The
ombudsman does not take legal action against government officials, but
may order an administrative action to redress the grievance. 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. At year's end,
the office had seven lead investigators aided by 13 assistants. 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.--Rape and Domestic Violence.--The law criminalizes rape with
a maximum penalty of death. 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.
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 and recognizes that both men and
women can be perpetrators as well as victims. 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.
Harmful Traditional Practices.--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.
Sexual Harassment.--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, although it was
thought to be widespread, or effectiveness of government enforcement.
Reproductive Rights.--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 access was more
limited in rural areas. 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. Nurses
and midwives were a critical component of prenatal and postnatal care,
due to a shortage of doctors. The 2010 Malawi Demographic and Health
Survey (DHS) reported the maternal mortality ratio to be 675 deaths per
100,000 live births. Skilled health providers assisted in 71 percent of
births with another 14 percent assisted by a traditional birth
attendant and 9 percent by untrained relatives or friends. Modern
contraceptive use among married women between ages 15 and 49 was
approximately 46 percent, according to the DHS. Men and women were
entitled to equal access to diagnosis and treatment of sexually
transmitted infections.
Discrimination.--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, and formal and nontraditional
employment opportunities, as well as lower rates of 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. More
than half, 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 and
those that did 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.
The government addressed women's concerns through the Ministry of
Gender, Child, 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.--Birth Registration.--Citizenship can be derived from
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.
Education.--The government provided tuition-free primary education
for all children, although education was not compulsory. Families were
responsible for paying book fees and purchasing uniforms. However,
students from poor families had access to a public book fund. Many
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.--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.
In 2010 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. The law was passed in July 2010 but had not been fully
enacted as it was awaiting final publication in the official legal
records at year's end.
The Ministry of Gender, Child, 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.
Child Marriage.--The minimum age for marriage is 15, with marriage
under age 18 requiring parental consent. ``Girl Up'', a U.N. Foundation
campaign, reported in November that child marriage was widespread, with
nearly 50 percent of girls marrying before age 18.
Harmful Traditional Practices.--The law does not specifically
prohibit female genital mutilation (FGM). A few small ethnic groups
practiced FGM. In most cases, FGM was performed on girls between 10 and
15 years of age.
Despite the Child Care, Protection, and Justice Act, 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.
Sexual Exploitation of Children.--The widespread belief that
children were unlikely to be HIV positive and that sexual intercourse
with virgins could cleanse an individual of sexually transmitted
diseases, including HIV/AIDS, contributed to the widespread sexual
exploitation of minors.
Reports of European tourists paying for sex with teenage boys and
girls continued.
The trafficking of children for sexual purposes was a problem, and
child prostitution for survival without third-party involvement also
occurred. For example, at local bars and rest houses, owners coerced
girls who worked at the establishments to have sex with customers in
exchange for room and board. The Child Care, Protection, and Justice
Act stipulates punishment up to and including life imprisonment for
child traffickers, but the law had not officially taken effect by
year's end.
The penal code outlaws carnal knowledge of females under the age of
16 and stipulates penalties up to and including the death penalty for
offenders.
Displaced Children.--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.
International Child Abductions.--The country is not a party to the
1980 Hague Convention on the Civil Aspects of International Child
Abduction.
Anti-Semitism.--The Jewish community was very small, and there were
no reports of anti-Semitic acts.
Trafficking in Persons.--See the Department of State's Trafficking
in Persons Report at http://state.gov/j/tip.
Persons With Disabilities.--The Employment Act prohibits
discrimination in employment; however, there is no comprehensive law
governing discrimination against persons with disabilities. The law
provides for the support of persons with disabilities through greater
access to public places, fair opportunities in employment, and full
participation in all spheres of society; however, limited resources
prevented the government from protecting these rights in practice. The
government had not mandated accessibility to buildings and services for
persons with disabilities.
The Department of Persons with Disabilities and the Elderly, within
the Ministry of Gender, Child, and Community Development is responsible
for protecting the rights of persons with disabilities. There were
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.--Consensual same-sex sexual
activity is illegal and is punishable by up to 14 years in prison in
addition to corporal punishment, including hard labor. The Malawi Penal
Code outlaws ``unnatural offenses'' and ``indecent practices between
males.''
In January the president assented to a parliamentary penal code
amendment that criminalizes ``indecent practices between females.'' The
amendment codifies the illegality of consensual same-sex sexual
activity between women, setting a maximum prison term of five years for
convicted offenders.
An environment conducive to discrimination based on sexual
orientation was created and maintained by senior government officials.
On World Tourism Day in September, the tourism minister said it was not
proper for citizens to engage in same-sex sexual activity as ``very un-
Malawian.'' The mistaken notion that western donor countries were
withholding financial aid unless the country permits same sex marriages
enhanced a homophobic environment. In October the Malawi Council of
Churches declared that the country needed aid, and millions of innocent
citizens should not be penalized because same-sex sexual activity was
outlawed.
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. A 2011 report of the People Living with HIV
Stigma Index also confirmed that HIV and AIDS discrimination and stigma
exist in the country.
Mobs sometimes used arson as a tool of vigilante justice.
On October 17, angry villagers torched the entire police unit in
Mitundu as well as seven police staff houses as a backlash against
perceived police failure to provide security in the area. Violence
started with the murder of Marko Chapola at Mitundu Trading Center on
October 16. Riot police were deployed to contain the situation, and in
the ensuing battles between police and angry villagers, 49 villagers
were arrested, and two injured with rubber bullets. All suspects were
released on bail by October 26 and the case was pending at year's end.
On November 28, villagers burned and looted the house and compound
of Mariam Nazeem in Kalilima Village. Nazeem, who was suspected of
using witchcraft to cause several deaths in the area, was missing at
year's end.
There were no further developments in the September 2010 killings
of Ulemu Sesani and Moses Kachala by a mob in the Blantyre's Ndirande
suburb.
Section 7. Worker Rights
a. Freedom of Association and the Right to Collective Bargaining.--
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. 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. A
strike can take place only after all complex and time-consuming
settlement procedures established in a collective agreement and
conciliation efforts have failed. 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. Laws do not specifically prohibit retaliation against
strikers. There is no prohibition on actions against unions that are
not registered. The law prohibits antiunion discrimination and provides
for remedial measures in cases of dismissal for union activity.
Workers in the formal sector have the right to organize and 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. No known particular group of workers was excluded from
relevant legal protections. There are no special laws or exemptions
from regular labor laws in export processing zones (EPZ).
The government protected the right to collective bargaining.
Workers exercised the right to form and join independent unions and the
right to conduct strikes in practice. Malawi Congress of Trade Unions
(MCTU) reported two incidents of alleged antiunion discrimination
during the year. There was anecdotal evidence that union organizers
were dismissed or had their rights violated in order to deter
unionization.
On May 20, an employee of a freight forwarding company was
dismissed for unauthorized absence while attending an International
Labor Organization-sponsored course in Germany. The employee had
applied for unpaid leave according to the company's leave terms, but
was later informed that unpaid leave was no longer part of the
company's conditions of service. The employee alleged that his
dismissal was for his trade union activism and claimed that the company
had previously fired employees for speaking out in favor of forming or
joining a trade union. The employee believes that his dismissal marked
an attempt to weaken the union. At year's end, MCTU was involved in the
issue.
In November workers at a rubber plantation announced the formation
of a union after two years of covert organization. The union leader was
arrested and charged with ``organizing workers without the consent of
the Management, District Commissioner, and Labor officers.'' His case
was pending at year's end.
Union membership was low due to the small percentage of the
workforce in the formal sector, and because of lack of awareness of
worker rights and fear of reprisals. Many companies in the EPZs
resisted union activity, and union organizers stated they had little
access to workers in the EPZs. Informal sector workers organized in the
Malawi Union for the Informal Sector (MUFIS), which is affiliated with
MCTU. However, informal sector employees were unable to obtain the same
standard of protection as formal sector workers. This inequity is the
result of a Ministry of Labor decision that the MUFIS does not have
sufficient standing to bargain collectively.
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. For example, 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.
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. Prohibition of Forced or Compulsory Labor.--The government
prohibits all forms of forced or compulsory labor. Forced labor is
punishable by a maximum fine of 10,000 MWK ($60) or two years'
imprisonment.
Laws against forced and compulsory labor were not effectively
enforced due to lack of capacity and resources. The 2010 Child Care,
Protection, and Justice Act specifically outlaws forced child labor,
but the law had not been fully enacted at year's end.
There were reports that forced child labor occurred. Children are
subjected to domestic servitude and other forms of forced labor,
including in cattle herding; agricultural labor, particularly on
tobacco farms; and menial work in small business. 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 Trafficking in Persons Report at
http://state.gov/j/tip.
c. Prohibition of Child Labor and Minimum Age for Employme.--21The
law sets the minimum age for employment at 14, and children between the
ages of 14 to 18 may not work in jobs that are considered hazardous or
that interfere with their education. The law specifies legal work hour
limits, but in practice, the Ministry of Labor lacks the capacity to
monitor and enforce the law. The law specifies a maximum fine of 20,000
MWK ($119) or five years' imprisonment for violations. However, the law
was not effectively enforced due to lack of resources, manpower and
insufficient penalties to deter offenders.
Police and Ministry of Labor officials were responsible for
enforcing child labor laws and policies; however, labor inspectors did
not have law enforcement capabilities and must cooperate with the
police to pursue violators.
The Ministry of Labor 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 1,340
inspections were carried out from January to September. 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.
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 some form of
child labor.
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.
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 the claim that
78,000 children worked in the tobacco industry was greatly inflated.
Debate continued over the true extent of the problem.
Also see the Department of Labor's Findings on the Worst Forms of
Child Labor at http://dol.gov/ilab/programs/ocft/tda.htm
d. 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), which is composed of
representatives of labor, government, and the private sector. The
minimum wage, revised in January, is 178.25 MWK ($1.06) per day; for
both rural and urban areas. The poverty lines (at 2004 prices) were
16,165 MWK ($96) per person per year for poor households and 10,029 MWK
($60) per person per year for ultra-poor households. It is estimated
that 52.4 percent of citizens live below the poverty line. 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 Ministry of Labor houses a Directorate of Occupational Safety
and Health. The law includes extensive occupational health and safety
(OSH) standards.
Poor functioning of the TWAB resulted in delayed and inadequate
wage rate revisions. Official minimum wages apply only to the formal
sector as the government lacks enforcement mechanisms for the informal
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.
The Ministry of Labor's enforcement of the work week and the OSH
standards was also poor. The law specifies a maximum fine of 20,000 MWK
($119) or five years' imprisonment for violations. These penalties were
not sufficient to deter offenders. No jail terms have ever been
reported.
Workers, particularly in industrial jobs, often worked without
basic safety clothing and equipment. In tobacco fields, the handling of
the leaves was done largely without protective clothing; workers absorb
up to 54 milligrams of dissolved nicotine daily through their skin,
equal to the amount of 50 cigarettes. Approximately 80,000 child
tobacco workers reportedly suffered from a disease called green tobacco
sickness, or nicotine poisoning. These children often worked 12-hour
days, often without pay or received an average of 42 MWK ($0.25) for
long hours of work. 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.
Six workplace fatalities were reported during the year. Two
restaurant workers and their employer died when the building collapsed
in Blantyre. In Chikwawa a sugar factory employee fell into a broiler.
A driver at a uranium mine near Karonga died, and one employee of a
plastics company in Blantyre died.
The law protects foreign workers in correct legal status. Illegal
foreign workers were subject to deportation.
__________
MALI
executive summary
Mali 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. Security forces reported to
civilian authorities.
The most important human rights problems are related to gender
inequality, failures of the justice system, and exploitative labor
relationships. Women face domestic violence to which the legal system
frequently turns a blind eye, a culture that widely condones female
genital mutilation (FGM), and a legal system that gives preference to
men in cases of divorce or inheritance. An ineffective and corrupt
legal system has meant detainees face lengthy pretrial detention unless
they are willing and able to pay bribes to obtain their release. Human
trafficking and exploitative labor relationships are not uncommon in
the country, especially in regards to child labor.
Other human rights problems included arbitrary and/or unlawful
deprivation of life, police abuse of civilians, poor prison conditions,
lack of enforcement of court orders, official corruption and impunity,
societal discrimination against black Tamasheqs, discrimination based
on sexual orientation, and societal discrimination against persons with
HIV/AIDS.
The government took steps to prosecute military officials involved
in the hazing-related deaths of five military trainees on October 3,
but some impunity existed in the country.
Northern Mali experienced periodic violence involving banditry,
drug trafficking, clashes between rival groups, and attacks by the
terrorist organization Al-Qaida in the Islamic Maghreb (AQIM).
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 unlawful killings.
On September 21, customs officers shot and killed alleged drug
trafficker Adama Diallo after a car chase outside Kadiolo, in Sikasso
Region. No disciplinary actions were taken by year's end.
On March 7, in Koulikoro, a student died from a reaction to gas
fired by police to disperse a demonstration (see section 2.b.).
There were no developments in the February 2010 case of minibus
driver Mamadou Coulibaly, who was shot and killed while trying to flee
a police checkpoint.
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 and gendarmes employed them.
Police abused civilians, including the use of excessive force to
disperse demonstrations. On March 7, police used tear gas to disperse
students protesting outside their hostel; one student died after
inhaling the gas. There were no other reported major injuries to
victims or disciplinary actions imposed on perpetrators resulting from
those incidents.
No disciplinary action was taken against police and gendarmes
involved in two 2010 incidents of violence in Timbuktu or against
members of the Mobile Security Group who allegedly used excessive force
to disperse demonstrators in November 2010 in Bamako.
Prison and Detention Center Conditions.--Overall prison conditions
remained extremely poor and did not meet international standards.
Prisons continued to be overcrowded. As of September 28, the central
prison in Bamako housed 1,668 prisoners, including 1,092 pretrial
detainees, in a facility designed to hold 400 persons. The Sikasso
Prison held close to 615 prisoners, including 209 pretrial detainees,
in a facility built for 50. Nationwide, the prisons in the eight
regions and Bamako housed a total of 5,817 prisoners, including 2,522
pretrial detainees. Prison-provided food was insufficient, when it was
provided, and medical facilities and sanitation were inadequate, posing
serious health threats.
Prisoners have access to the same water as the local population.
The drinking water is of good quality in Bamako, but there are not safe
water sources at regional prisons. Prison ventilation, lighting, and
temperature are comparable to many poor, urban homes. The most
significant threat to prisoners' health was the lack of sanitation;
prisoners have access to a bucket in their cells, but seldom an
outhouse. There were not prison ombudsmen. Specific efforts were not
taken during the year to improve recordkeeping or use alternative
sentencing for nonviolent offenders.
In Bamako men and women were placed in separate prisons, although
both male and female juvenile offenders were held in the women's
prison. Conditions in the Bamako women's prison improved but did not
meet international standards. 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 to conduct religious observance.
Authorities permitted prisoners and detainees to submit complaints
directly or through the 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. Nevertheless, 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.
The International Committee of the Red Cross (ICRC) conducted visits
during the year in accordance with its standard modalities. The
National Assembly' s Law Commission sent a mission composed of
lawmakers and parliamentary assistants to inspect all eight regional
prisons during the year. Several NGOs, including the Malian Association
of Human Rights and the Malian Association of Women Lawyers, also
visited prisons during the year and worked with female and juvenile
prisoners to improve 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 in petty criminal cases.
Role of the Police and Security Apparatus.--Security forces include
the army, air force, gendarmerie, National Guard, national police, and
the General Directorate of State Security (DGSE). The army and air
force are under the control of the Ministry of Defense. The National
Guard is administratively under the Ministry of Defense; however,
operational control rests with the Ministry of Internal Security and
Civil Protection. The Ministry of Internal Security and Civil
Protection's responsibilities include maintaining order during
exceptional circumstances, such as national disasters or riots. The
National Guard also has specialized border security units. The national
police and gendarmerie are under the Ministry of Internal Security and
Civil Protection. Policemen 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 is organized into districts. Each district has
a commissioner who reports to the regional director at national
headquarters. The National Police was moderately effective but
seriously lacked resources and training.
Civilian authorities maintain effective control over the military
and gendarmes, and the government has effective mechanisms to
investigate and punish abuse and corruption. On March 29, the army
arrested Colonel Satigui Sidibe and charged him with stealing 180
million CFA francs ($350,000). There were no reports of impunity
involving the security forces during the year.
Arrest Procedures and Treatment While in Detention.--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.
Judicial warrants are required for arrest. Bailiffs normally
deliver warrants, which stipulate when a person is scheduled to appear
at a police station. While individuals usually were 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 or were not used.
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,
who are also their primary source for food.
Since June 2, former minister of health Ibrahim Oumar Toure has
been held under house arrest for charges of abuse of public funds. 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.
Arbitrary Arrests.--Police sometimes arrested multiple suspects in
a crime, even without much direct evidence. In a burglary on August 15,
police arrested the gardener, the dog sitter, and three guards and held
them in jail for questioning. Police released all five men without
charges after five days.
Pretrial Detention.--The law stipulates charged prisoners must be
tried within one year, but this limit frequently was 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 could not afford bail. Approximately 52
percent of the prison population consisted of persons awaiting trial.
e. Denial of Fair Public Trial.--The constitution and law provide
for an independent judiciary; however, the executive branch continued
to exert influence over the judicial system. Corruption and limited
resources affected the fairness of trials. Bribery and influence
peddling were widespread in the courts, according to domestic human
rights groups.
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. Sometimes
justices were absent from their assigned areas for months at a time.
Trial Procedures.--The constitution provides for the right to a
fair trial, and the judiciary generally enforced this right. 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. 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. Defendants and attorneys have access to
government evidence relevant to their cases.
Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.
Civil Judicial Procedures and Remedies.--There is an independent
judiciary in civil matters, although corruption in the judicial branch
was widespread and laws are biased against women, particularly in cases
of divorce or inheritance. 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, especially in cases of traditional slavery.
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.--
Killings.--Northern Mali experienced periodic violence involving
bandits, smugglers, paramilitary forces, inter- and intra-ethnic
violence, and AQIM. For example, on March 11-16, a clash between Tuareg
nomadic herders belonging to the Idnane and the Imghad clans resulted
in the death of one person in the District of Menaka, in Gao Region,
near the border with Niger.
During May and June, 15 people died in fighting between D'Aoussahak
nomads in Kidal Region.
Abductions.--On November 23-24, armed individuals possibly
affiliated with AQIM kidnapped two French nationals in Hombori, Mopti
Region, and reportedly delivered them to AQIM, which was believed to be
holding them in Mali. Security forces arrested two suspects involved in
the kidnapping, and investigations continued at year's end.
On November 25, armed assailants kidnapped three European tourists
and killed a fourth in Timbuktu city, Timbuktu Region. The hostages,
Dutch, Swedish, and South African/British nationals, reportedly are
being held in Mali. The individual who died while resisting the
kidnapping attempt was a German national. Security forces reportedly
arrested two of the assailants and investigations continued at year's
end.
AQIM kidnapped three European aid workers on October 22 from a
Saharoui refugee camp in Algeria and likely moved them to Mali.
AQIM kept some of the hostages it had taken during 2010. On March
9, AQIM released Mohamed Yahya Ould Hamid, a Malian whom it held
following Mauritanian army attacks on AQIM bases in Mali.
On February 24, AQIM released a Togolese, a Malagasy, and a French
citizen who were abducted in September 2010 but continued to hold as
hostages four other Frenchmen taken in the same raid in northern Mali.
On January 5, an individual claiming connections to AQIM attacked
the French Embassy in Bamako with a handgun and improvised explosive.
Tunisian national Bachir Simoun was sentenced to death by a Malian
court on November 29 but was extradited to Tunisia to be tried in that
country on December 15.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--Status of Freedom of Speech and
Press.--The constitution provides for freedom of speech including for
members of the press, and the government generally respected these
rights in practice. An independent press and a functioning democratic
political system have ensured freedom of speech and of the press. Self-
censorship was reported anecdotally to be a problem.
Internet Freedom.--There were no government restrictions on access
to the Internet or reports that the government monitored e-mail or
Internet chat rooms. Individuals and groups could engage in the
peaceful expression of views via the Internet, including by e-mail.
There were numerous Internet cafes in Bamako, but home Internet was
limited by cost. Outside of Bamako there were few sites where the
Internet was available for public 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 constitution and law provide for freedom of assembly;
however, at times the government did not respect this right in
practice.
On March 7, in Koulikoro, police used tear gas to disperse students
protesting the government's slowness in building an access road to
their high school. One student died after having a fatal reaction to
the gas.
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.--See the Department of State's
International Religious Freedom Report at http://state.gov/j/drl/irf/
rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution and law provide for
freedom of movement within the country, foreign travel, emigration, and
repatriation, and the government generally respected these rights in
practice. 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 U.N. 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.
Internally Displaced Persons (IDPs).--The government provided some
assistance to IDPs, allowed the 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. The government worked with the
International Organization for Migration during the year to reintegrate
citizens fleeing violence and government instability in Cote d' Ivoire,
Tunisia, and Libya.
Protection of Refugees.--Access to Asylum.--The laws provide for
the granting of asylum or refugee status. The government has
established a system for providing protection to refugees. A national
committee in charge of refugees operated with institutional assistance
from UNHCR.
Nonrefoulement.--In practice the government provided protection
against the expulsion or return of refugees to countries where their
lives or freedom would be threatened on account of their race,
religion, nationality, membership in a particular social group, or
political opinion.
Temporary Protection.--The government's Office of International
Migration is responsible for providing temporary protection to
individuals who may not qualify as refugees and provided it to 14
Mauritanians, one Sierra Leonean, two Afghans, two Ivoirians, two
Liberians, and two Burundians in distress during the year.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution and law provide citizens with the right to change
their government peacefully, and citizens exercised this right in
practice through periodic, free, and fair elections held on the basis
of universal suffrage.
Elections and Political Participation.--Recent Elections.--In 2007
voters elected President Amadou Toumani Toure to a second five-year
term with 71 percent of the vote. Legislative elections also were held
in 2007. Domestic and international observers characterized these
elections as generally free, fair, and without evident fraud, but there
were administrative irregularities.
Political Parties.--Political parties generally operated without
restrictions or outside interference.
Participation of Women and Minorities.--There were 15 women in the
147-member National Assembly. There were five women in the 29-seat
cabinet, including new Prime Minister Mariam Sidibe Kaidama Cisse.
There were 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 four
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.
Corruption in the judiciary was widespread. Police often were not held
accountable for corruption. Officials, police, and gendarmes frequently
extorted bribes. There were reports of uniformed police or individuals
dressed as police directing stopped motorists to drive to dark and
isolated locations, where they robbed the victims. The gendarmerie
conducted investigations of police officers, although the number of
officers disciplined for infractions was not available.
The constitution requires the president, prime minister, and other
cabinet members to submit annually a financial statement and written
declaration of their net worth 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 2010 (released during the year) estimated
that 34.8 billion CFA francs ($70 million) in revenue had been lost in
2010 due to fraud and mismanagement, including lost revenue in
agricultural and health programs.
On June 2, police arrested former health minister Ibrahim Oumar
Toure, who faced charges of misappropriating millions of dollars from
the Global Fund to Fight AIDS, Tuberculosis, and Malaria. Fifteen other
former health ministry officials also were charged in the alleged
corruption case.
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
generally were cooperative and responsive to their views.
For example, on December 6, Human Rights Watch published a major
report on the use of child labor in the country' s artisanal gold mines
during the year. Government officials were cooperative and responsive
to their views.
Government Human Rights Bodies.--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 restructured
significantly in 2009. During the year the government provided the
commission with a headquarters and small staff. On May 26, the
commission presented its 2010 report on human rights specifically
focused on corruption and impunity.
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 generally were
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.--Rape and Domestic Violence.--The law criminalizes rape and
provides a penalty of five to 20 years' imprisonment; however, the
government did not enforce the law effectively. Rape was a widespread
problem. 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 six cases of rape on its docket for the
session held during the year; however, information on the number of
convictions was not available.
Domestic violence against women, including spousal abuse, was
prevalent. 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,
sought to avoid social stigma, or feared further ostracism. 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 during site visits throughout the year regarding
violence against women for use by health-care providers, police,
lawyers, and judges, and many NGOs operated shelters for abused female
domestic laborers.
Female genital mutilation (FGM).--FGM is legal in the country and
widely practiced across faith and ethnic groups. While the government
has taken steps to raise awareness about the harmful health effects of
FGM and has successfully lowered the percentage of girls excised in at
least one region of the country, it has not criminalized it. FGM was
very common, particularly in rural areas, and was performed on girls
between the ages of six months and six years (see section 6, Children).
Reproductive Rights.--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 pregnancies and often lacked sufficient
information about alternative choices. Women often did not have access
to contraception and skilled attendance during childbirth, including
essential obstetric and postpartum care. According to the U.N.
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.
Discrimination.--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 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.
The law does not prohibit sexual harassment, and it occurred
including in schools.
Children.--Birth registration.--Citizenship is derived from the
father. The government did not register all births immediately,
particularly in rural areas. During the year the government continued
conducting 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 number of new birth certificates assigned was
unknown. Several local NGOs worked with foreign partners during the
year to register children at birth and to educate parents about the
benefits of registration.
Education.--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. Parents
often had to pay for their children's school fees as well as provide
their uniform and supplies. Girls' enrollment in school was lower than
boys' at all levels due to poverty, cultural tendencies to emphasize
boys' education, and the early marriage of girls. Other factors
affecting school enrollment included distance to the nearest school,
lack of transportation, and shortages of teachers and instructional
materials.
Members of the black Tamasheq community reported that some Tamasheq
children were denied educational opportunities due to traditional and
hereditary practices.
Koranic 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.).
Child Abuse.--here were no comprehensive statistics on child abuse;
however, the problem was widespread. 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.
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 except in certain northern areas, occurred among most ethnic
groups, and was not subject to class boundaries. Some Malians
erroneously believe the Koran prescribes the practice. There are no
laws specifically prohibiting FGM; however, a government decree
prohibits FGM in government-funded health centers. Government
information campaigns regarding the dangers of FGM reached citizens
throughout the country, and human rights organizations reported that
FGM decreased among children of educated parents. Unlike previous years
there were no reports of Burkinabe families crossing into Mali to evade
stricter FGM laws in Burkina Faso.
Child Marriage.--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. On December 2,
the National Assembly passed a new Family Code that would raise the age
of legal marriage to 18 for men and 16 for women; however, at year's
end it was not signed by the president. Underage marriages would still
be legal if approved by the child's father, or a family council if the
father is deceased. 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. The revised Family
Code has been the primary way the government has combated early
marriage, although joint awareness campaigns were mounted with NGOs.
Sexual Exploitation of Children.--The law does not specifically
address child prostitution, but Article 229 prohibits pimping of both
adults and children. The penalties are six months to three years in
prison and a fine of between 20,000 and one million CFA francs ($40-
$2,000). The country has a statutory rape law that defines 18 as the
minimum age for consensual sex. However, the law is inconsistent with
the legal minimum marriage age of 15 and was not enforced. 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 National Police's Division for Protection of
Children and Morals conducted sweeps of brothels to ensure that
prostitutes were of legal age and arrested brothel owners found to be
holding underage girls.
For example, on May 26, police arrested Aminata Keita Diallo,
director of the national infant orphanage, on charges of neglect,
kidnapping, trafficking in children, and manslaughter related to the
deaths of 33 children in her care between August 2010 and February, as
well as at least two illegal adoptions.
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 Trafficking in Persons Report at
http://state.gov/j/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 Bamako-based school for the deaf 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 Tamasheqs
in 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 at the
national level; in practice, societal discrimination was widespread.
The Family Code passed by the National Assembly on December 2 would
forbid ``homosexuals'' from adopting children, but it has not been
signed by the president and is not yet in force.
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.
Mob violence occurred. For example, on June 7, high school teacher
Alassane Libo Diarra was beaten to death by an angry mob after being
falsely accused of stealing a handbag. Seven people were in jail at
year's end awaiting trial for suspicion of involvement in his death.
They remained in jail at year's end.
On July 19, clashes between gangs in Bamako's heavily populated
neighborhoods of Bagadadji and Niarela resulted in the death of one
child. Two suspects were awaiting trial at year's end.
Section 7. Worker Rights
a. Freedom of Association and the Right to Collective Bargaining.--
The law allows workers to form or join independent unions of their
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.
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.
b. 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. Some Koranic 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. A legal
clinic in Gao recorded and filed eight new civil cases regarding
traditional slavery between August 18 and October 17. According to
NGOs, the judiciary was reluctant to act in forced labor cases. There
were no developments in 2010 cases of traditional slavery.
Debt bondage occurred in the salt mines of Taoudenni, located in
the North. Individuals, primarily of Songhai ethnicity, including some
children, worked as salt miners to pay off debts owed to businessmen in
Timbuktu.
Also see the Department of State's Trafficking in Persons Report at
http://state.gov/j/tip.
c. 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, Koranic 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 years old cannot be employed for more than six
hours per day. 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, Koranic 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.
On June 8, the Council of Ministers adopted a National Action Plan
to combat child labor, especially the worst forms of child labor
identified by a 43-member national committee for child labor and
trafficking issues chaired by the Ministry of Labor and State Reforms.
The government regularly acts in a supporting role for donor projects
dealing with child labor.
d. 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, 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
executive summary
Mauritania is a highly centralized Islamic republic with a
president as head of state. The legislative function is exercised by
the Senate and National Assembly, the former consisting of
representatives chosen indirectly by municipal councilors and the
latter directly elected by the voters. The legislative bodies were weak
relative to the executive. The election of Mohamed Ould Abdel Aziz as
president in 2009 ended a political crisis caused by Aziz's 2008 coup
d'etat against then president Sidi Ould Cheikh Abdallahi. International
observers declared the 2009 presidential election to be generally free
and fair. In 2009 the majority party, Union for the Republic (UPR), won
most of the seats in the indirect election to refill one-third of the
Senate seats. The government indefinitely postponed new Senate,
National Assembly, and municipal elections scheduled to take place
during the year in accordance with the opposition's initial request,
although controversy over the constitutionality of the election
timetable continued throughout the year. Security forces reported to
civilian authorities.
Continuing slavery, slavery-related practices, and trafficking in
persons were central human rights problems. Popular concern over
control of the security forces was highlighted when police clashed with
demonstrators protesting social, political, and economic problems,
resulting in at least one death attributed to police. Prison conditions
remained far below acceptable standards.
Other reported human rights problems were the use of torture by
police to extract confessions, arbitrary arrests, lengthy pretrial
detention, government influence over the judiciary, limits on freedom
of the press and assembly, restrictions on religious freedom for non-
Muslims, corruption, discrimination against women, female genital
mutilation (FGM), child marriage, political marginalization of
southern-based ethnic groups, racial and ethnic discrimination, child
labor, and inadequate enforcement of labor laws.
The government took some steps to punish officials who committed
abuses and prosecuted a number of them. Civil society organizations
objected to the small number indicted and alleged that some of the
prosecutions, particularly those involving official corruption, were
politically motivated.
Section 1. Respect for the Integrity of the Person, Including Freedom
from:
a. Arbitrary or Unlawful Deprivation of Life.--On September 27, a
gendarme who fired on demonstrators in Maghama reportedly shot and
killed one person and wounded eight others. The demonstrators were
protesting a national registration campaign, which the government
launched in May and which they believed would discriminate against
Afro-Mauritanians due to an alleged lack of ethnic balance among
officials evaluating nationality. Demonstrators demanded greater Afro-
Mauritanian representation and an unbiased nationality verification
procedure. On September 27, Minister of the Interior Mohamed Ould
Boilil publically confirmed the reports and declared that the
government would not permit disturbances of the peace. There was no
reported investigation of the death 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, and
according to the governmental Commissariat for Human Rights,
Humanitarian Action, and Relations with Civil Society, there were no
documented cases of torture during the year. Independent human rights
observers, however, stated that security personnel tortured detainees
to extract confessions. Torture methods reportedly included electric
shocks, burning, beating, pulling out of hair, and sexual violence. For
example, one person involved in ethnically motivated protests in Kaedi
reported being so severely beaten while held in a government building
that he had to be evacuated to Nouakchott for medical treatment and
lost jaw function.
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, beating, and
abuse in police detention centers, several prisons throughout the
country, and gendarmerie and military facilities.
A new prison facility was opened in Aleg on November 28, and
another prison facility neared completion in Nouadhibou, but the
government failed to allocate sufficient funds for improving prison
conditions in the existing facilities during the year, and
overcrowding, violence among inmates, and poor medical care in prisons
continued. Many prisoners were unable to leave their extremely crowded
cells or breathe fresh air for months or years at a time. Sanitation
conditions were poor due to the lack of hygienic products such as soap
and detergent and prison management's inability to dispose of waste
properly. Malnutrition was a more serious problem, affecting vulnerable
members of the prison population, particularly foreign inmates,
prisoners without familial support, and individuals suffering from
untreated diseases. The government did not respond robustly to
allegations of inhumane conditions, although some progress was made in
improving the quality of health care.
Serious overcrowding and a lack of running water contributed to the
spread of diseases. Prisoners with health problems received little or
no care, and medical supplies remained insufficient. For example, the
Dar Naim Prison, built to hold 300 prisoners, held approximately 1,200.
Reports continued of malnutrition, poor health, and deficient hygiene
in that institution. There were reports that one Dar Naim prisoner was
accidentally electrocuted during the year. On May 21, local media
reported that another prisoner, Mohamed Ould Ahmed Salem Ould Amail,
died at the National Hospital after authorities transferred him from
Dar Naim because of his deteriorating health.
The holding areas in police stations were also reportedly
overcrowded, unsanitary, and poorly ventilated.
There are no ombudsmen at the prison level. Regulations allowed the
inmates in an institution to choose one of their number to represent
them in dealings with management, and inmates occasionally did so
during the year.
Steps were been taken to improve recordkeeping: the EU purchased 28
computers and at year's end was training the penitentiary
administration on database management to improve recordkeeping and the
integrity of each prisoner's file.
According to the penitentiary administration directorate, the
women's prison is less crowded and therefore more comfortable than the
men's. On the other hand, male guards participated in monitoring female
inmates, who risked becoming victims of sexual violence.
Nongovernmental organizations (NGOs) continued to denounce
overcrowding and long pretrial detention. The large number of pretrial
detainees exacerbated prison overcrowding. On March 5, four inmates at
the Dar Naim prison reportedly reacted to their detention conditions by
sewing their mouths closed to initiate a hunger strike, and on July 8,
17 individuals escaped from the detention center in Kaedi.
Pretrial detainees were frequently housed with convicted and often
dangerous prisoners. On May 23, authorities removed a reported 13-14
suspected terrorists awaiting trial from Nouakchott Central Prison to
an undisclosed location in order to improve prison security and disrupt
illicit activity. The prisoners protested their removal.
Due to poor security conditions and the fact that dangerous
prisoners shared cells with less dangerous ones, prisoners lived in a
climate of violence, and some had to pay bribes to other prisoners to
avoid being brutalized and harassed. As of October 19, according to
Ministry of Justice statistics, the prison population totaled 1,695, of
whom 861 were convicts and 834 were unconvicted detainees. A full
breakdown of the prison population by gender was unavailable. Of the 54
children in detention, 34 were in a segregated courtyard of the
Nouakchott Central Prison at year's end after a juvenile detention
center in Beyla suffered structural damage. Seventeen were being held
in a detention center for the ``reception and insertion'' of youth in
conflict with the law. The center's goal is to facilitate the social
reintegration of children and youth. During the year officials released
30 children from this center and monitored their subsequent activities.
Women and female minors under 18 years of age were housed together
in a separate location from the men and male minors. 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 to current and former juvenile and female
detainees.
Prisoners had access to visitors. There were no reports that men
were denied the right to observe Muslim prayer obligations
individually, but the penitentiary administration confirmed that
inmates did not have regular access to imams. In January 16 imams
visited the prisons to meet with inmates for religious discussion and
mental health counseling.
The government permitted prison visits by NGOs, diplomats, and
international human rights observers. The International Committee of
the Red Cross had access to prisons and conducted multiple prison
visits, including visits to terrorism suspects, in accordance with its
standard modalities. They distributed hygiene items and books.
The Ministry of Justice estimated that approximately 200 inmates
benefited from a 10-day campaign begun on July 5 by the National
Association of Dental Surgeons in partnership with the penitentiary
authorities to provide free dental care to adult and juvenile inmates
across the Nouakchott prison system. According to the Directorate of
Prisons and Penitentiaries, a larger budget allowed the directorate to
purchase more medical supplies and increase the number of medical
consultations from three to approximately 50 each day. During the year
the government completed construction of a new prison in Aleg, designed
to accommodate 300 inmates, and a new prison in Nouadhibou with a
capacity for 600 inmates was nearing completion.
The Commission for Human Rights, Humanitarian Action, and Relations
with Civil Society continued to supply detention centers with medical
staff, as well as medications, hygiene products, and foodstuffs.
There were reports that police did not inform family members or
friends of the location and condition of detainees in a timely manner,
preventing them from receiving adequate food.
d. Arbitrary Arrest or Detention.--The constitution and law
prohibit arbitrary arrest and detention, but authorities did not
observe these prohibitions.
In some cases authorities arbitrarily arrested and detained
protesters and journalists (see section 2.a.).
Human rights and other observers accused the government of
exceeding the legal limits for pretrial detention. Security forces at
times arrested demonstrators engaged in sit-ins, marches, or rallies,
and held them longer than the regulations allow. On September 29, the
media reported that following a violent protest in Nouakchott against
the national registration initiative, security forces entered private
residences without warrants and arrested approximately 20 individuals
(see section 1.f. and section 6, National/Racial/Ethnic Minorities).
On September 27, the Mauritanian Association for Human Rights
criticized the continued detention of former human rights commissioner
Mohamed Lemine Ould Daddeh in violation of a one-year maximum pretrial
detention period. The government's Human Rights Directorate contended
that Ould Daddeh's detention could last a maximum of two years because
the limits on length of detention were different for the economic
crimes with which he was charged. He remained in detention awaiting
trial at year's end.
By law a minor may not be held for more than six months while
awaiting trial. Nevertheless there were reports that a large number of
individuals, including minors, remained in pretrial detention for
extended periods due to judicial ineptitude.
Role of the Police and Security Apparatus.--The National Police,
under the Ministry of the Interior, are responsible for law enforcement
and maintaining order in urban areas. The National Guard, also under
the Ministry of the Interior, performs limited police functions in
keeping with its 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 within
and outside of metropolitan areas, as well as providing law enforcement
services in rural areas. On October 11, a new police force, the General
Group for Road Safety, began operations under the Ministry of the
Interior.
The police were poorly paid, trained, and equipped. Corruption and
impunity were serious problems (see section 4).
The government rarely held security officials accountable or
prosecuted them for abuses. The Ethics Police operates as an internal
affairs division and as a mechanism to investigate security force
abuses. In practice this unit did not publicly review security force
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 in most cases courts
review the legality of a person's detention within 48 hours of arrest,
but police may 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 deadline
for formally arraigning or releasing terrorism suspects in national
security cases. Only after the prosecutor submits charges does a
suspect have the right to contact an attorney. By law indigent
defendants are entitled to attorneys at state expense, but in practice
attorneys were not provided. There was a bail system, but sometimes
judges arbitrarily refused lawyers' requests for bail or set
inordinately high bail amounts.
Pretrial Detention.--Lawyers highlighted the lengthy incarceration
of detainees and delays in organizing court hearings, but no statistics
on the average length of detention or length of pretrial procedures
were available.
Amnesty.--During the year President Aziz pardoned 269 prisoners,
including eight women sentenced for ``zina,'' or sexual relations
outside marriage. Human rights activists and individuals associated
with drug trafficking were also among those released.
e. Denial of Fair Public Trial.--The constitution and law provide
for an independent judiciary, but it was not independent in practice.
The executive branch continued to exercise significant influence over
the judiciary through its ability to appoint and remove judges. On
September 12, the Mauritanian Bar Association criticized the executive
branch for removing Magistrate Mohamed Lemine Ould Moctar on
disciplinary grounds for his role in acquitting the defendants in a
drug-related case. The association described the removal as a clear
example of government interference in the justice system. There was no
government response by year's end. The government generally respected
court orders.
Poorly educated and trained judges were susceptible to social,
financial, and tribal pressures that limited judicial fairness. For
example, on May 15, three juveniles received the death penalty, in
violation of national legislation and ratified international
conventions, for their role in the death of another minor. Observers
suggested that the court was influenced by tribal and social factors.
On December 12, the sentences were reduced to 12 years in prison and a
combined 1.2 million ouguiya ($4,130) fine.
During the year, international donors, including the International
Organization for Migration (IOM) and the World Bank, funded training
for prosecutors and judges with the aim of increasing judicial
professionalism.
Trial Procedures.--The law provides for due process. Defendants
enjoy a presumption of innocence. They have a right to a public trial.
Juries are not used. Defendants have the right to be present during
their trial. By law all defendants, regardless of the court or their
ability to pay, have the legal right to representation by counsel
during proceedings. Although the court should appoint an attorney free
of charge to represent defendants lacking the ability to pay, this
measure was rarely enforced during the year. Defendants have the right
of appeal. Defendants can confront or question witnesses and present
witnesses and evidence in both civil and criminal cases. By law
defendants have access to government-held evidence, but access was
difficult in practice. These rights were extended to minorities. The
foregoing rights generally were observed in practice for men 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 such considerations as a woman's caste or
nationality.
A special court hears cases involving persons 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. Children between the ages of 12 and 18 who are
convicted of a crime are sentenced to detention centers for minors.
Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.
Civil Judicial Procedures and Remedies.--Complaints of human rights
violations are within the jurisdiction of the Administrative Court.
Individuals or organizations can appeal decisions to international
regional courts. 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.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The constitution prohibits such actions, and the
government generally respected these prohibitions in practice. However,
there were reports that after a violent protest against national
registration in Nouakchott on September 29, security forces entered
private residences without warrants and arrested approximately 20
individuals (see section 1.d. and section 6, National/Racial/Ethnic
Minorities).
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--Status of Freedom of Speech and
Press.--The constitution provides for freedom of speech, and the
government generally respected this right in practice. Individuals
could criticize the government publicly or privately. Two daily
newspapers and all broadcast media were government-owned, but several
independent daily publications were active and generally expressed a
wide variety of views with limited restrictions.
Violence and Harassment.--The independent media outlet Agence
Nouakchott d'Information reported that police arrested and beat
journalist Cheikh Ould Nouah, a reporter for the Web site Al-Hurriya
when he was covering clashes between police and protesters in Kaedi on
September 24. Djibril Diallo, a journalist and member of the
unauthorized Initiative for the Resurgence of the Abolitionist Movement
(IRA), was reportedly detained for his coverage of protests.
Censorship and Content Restrictions.--Some journalists practiced
self-censorship when covering topics deemed sensitive, including the
military forces, corruption, and the application of Sharia, and there
were reports that police detained and questioned journalists during the
year in connection with their coverage of such topics as protests and
slavery. Some opposition leaders asserted that they had no effective
access to official media.
Independent media remained the principal source of information for
most citizens, followed by government media. Government media focused
primarily on official news but provided some coverage of opposition
activities and views through the year. The government-owned TV
Mauritania occasionally broadcast programs covering opposition
activities. During the national political dialogue in September and
October, government media maintained balanced coverage of opposition
and progovernment statements.
Actions to Expand Press Freedom.--On October 5, the legislative
branch adopted amendments to the 2006 Press Freedom Law that abolished
prison sentences for slander and defamation of individuals, including
heads of state and accredited ambassadors. Fines for these offenses
remain in effect. Some journalists continued to object to the
``elastic'' application of the law, which they assert could be
interpreted loosely to penalize journalists for their reporting.
Signaling the end of the government's 51-year monopoly of the
broadcast media, on September 18, the High Press and Audiovisual
Authority (HAPA) began taking applications for five new radio stations
and five new television channels to be owned by nongovernmental
entities. HAPA received 17 applications for radio stations and nine
applications for television channels. On November 20, HAPA announced
that two independent television stations and five independent radio
stations received permission to broadcast. Some members of the
opposition asserted that the permits issued favored progovernment
interests.
Internet Freedom.--There were no government restrictions on access
to the Internet or reports that the government monitored e mail or
Internet chat rooms. Individuals and groups could engage in the
expression of views via the Internet, including by e mail.
Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom 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. Authorities generally
granted permission but on some occasions denied it in circumstances
that suggested the application of political criteria.
Security forces on several occasions forcefully dispersed
unauthorized demonstrations organized by the Youth of February 25, a
group seeking political, social, and economic reforms, and the Do Not
Touch My Nationality movement, which was protesting the registration
drive. During protests organized in March and April by the Youth of
February 25, police responded to stone-throwing protesters with tear
gas and batons. Police also violently dispersed a demonstration
organized by the Do Not Touch My Nationality movement in Kaedi on
September 24, after protesters set fire to a government building. On
September 27, police violently dispersed a Do Not Touch My Nationality
protest in Maghama, resulting in the fatal shooting of one protester.
Following the death in Maghama, demonstrators burned tires and a
vehicle in Nouakchott on September 29, before being violently dispersed
by police. A subsequent demonstration on October 8 was authorized and
took place peacefully. Two protesters were reportedly injured in a
clash with police during a November 28 demonstration in Nouakchott,
authorized for a certain area, when protesters attempted to assemble in
an unauthorized location near the presidency.
On August 4, according to Amnesty International, authorities
arrested four antislavery activists, members of the IRA, for
participating in a protest against the alleged enslavement of a 10-
year-old girl. The four men were charged with ``unauthorized
gathering'' and ``rebellion'' and were given six-month suspended
sentences by a Nouakchott court. Another participant whom police
detained alleged that police kicked and punched him.
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. The
approximately 300 NGOs that are members of the platform do not receive
government funding.
There were approximately 78 accredited political parties and NGOs,
and they generally functioned openly, issuing public statements, and
choosing their own leadership. The government generally did not prevent
unrecognized political parties or NGOs from functioning. However, in
July 2010 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. NDI resumed some of its activities later in
2010 but had not received formal accreditation at the end of 2011.
c. Freedom of Religion.--See the Department of State's
International Religious Freedom Report at http://state.gov/j/drl/irf/
rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution and law provide for
freedom of movement within the country, foreign travel, emigration, and
repatriation. The government generally respected these rights, but
there were exceptions.
The government cooperated with the Office of the U.N. High
Commissioner for Refugees (UNHCR), the IOM, and other humanitarian
organizations in providing protection and assistance to internally
displaced persons, refugees, returning refugees, asylum seekers,
stateless persons, and other persons of concern. In practice resources
provided by the government were inadequate.
In-country Movement.--Persons lacking identity cards could not
travel freely in some regions. During the year, in response to what it
described as an increased terrorist threat, the government set up
mobile roadblocks where gendarmerie, police, or customs officials
checked the papers of travelers. These roadblocks often provided the
occasion for officials to demand bribes.
Foreign Travel.--Unlike in the previous year, authorities did not
restrict international travel of some opposition members.
Protection of Refugees.--Access to Asylum.--The laws provide for
the granting of asylum or refugee status, and the government has
established a system for providing protection to refugees. The National
Consultative Commission for Refugees (CNCR) is the national body for
determining refugee status. The UNHCR carries out refugee status
determinations under its mandate and presents cases to the CNCR for
recognition.
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 500
refugees during the year.
In accordance with agreements with the Economic Community of West
African States on freedom of movement, the government allowed West
African migrants to remain in the country, deporting only those found
illegally seeking to reach the Canary Islands. According to Interior
Ministry statistics, 2,001 migrants were returned to their country of
origin during the year.
The decree that 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.
Employment.--Legislation provides refugees with access to the job
market and basic services. The UNHCR provided assistance to refugees
with revenue-generating activities throughout the year.
Access to Basic Services.--By law refugees had access to basic
services, including health care and education.
Durable Solutions.--Under an official multiyear repatriation
agreement with Senegal that originally ended in January, 20,484
refugees from that country returned to Mauritania. On August 21, the
government informed the UNHCR of its willingness to repatriate a
further 5,460 individuals who remained in Dakar. Under the new
agreement, approximately 1,300 individuals were repatriated in November
and December, and the remaining 4,160 were scheduled to return in 2012.
The National Agency for the Welcome and Reintegration of Refugees
(ANAIR) is responsible for overseeing the reintegration of repatriated
refugees, providing administration and identification support, and
contributing to the social and economic development of resettlement
areas. Reintegration of returnees into communities was challenging due
to inefficient sanitation, health, and education infrastructure, and
land disputes. Initially the majority of Afro-Mauritanian returnees
were unable to obtain identity cards and birth certificates, but
according to ANAIR, all returnees are included, or scheduled to be
included, in the new national registration database that was launched
on May 6.
During the year the government worked with the European Commission,
the Mauritanian Red Crescent, and the Spanish Red Cross at the migrant
reception center in the Nouadhibou region to process returned migrants
and to provide nutritional and medical care during detention and
repatriation.
During the year ANAIR constructed 83 school classrooms for
repatriated children and delivered 110 pounds of rice and 44 pounds of
cooking oil to each family. Nevertheless, returnee associations
complained that reintegration efforts were slow, as was the settlement
of land disputes.
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 the country accomplished a peaceful
transition from military rule with the presidential election of 2009,
followed the same year by the indirect election of one-third of the
seats in the Senate. However, the government indefinitely postponed
scheduled elections of municipal councilors, the members of the
National Assembly, and another third of Senate seats, due to inability
to reach agreement with opposition parties.
Elections and Political Participation.--The country returned to
constitutional rule in 2009 following the Dakar Accord, which resulted
in the agreement of president Abdallahi to resign and the formation of
a Transitional Government of National Unity.
Recent Elections.--In an election held in 2009, former High State
Council leader General Aziz won 53 percent of the vote. Although some
opposition groups claimed the election was fraudulent and requested an
investigation, the Constitutional Council certified the election.
Elections by municipal councils to fill one-third of the seats in
the Senate, also in 2009, resulted in a large win for the UPR.
Opposition and independent candidates denounced what they characterized
as heavy pressure on the municipal councilors to vote for majority
party candidates and on independent candidates to withdraw. Authorities
did not investigate these complaints.
Indirect elections for another one third of the Senate seats were
originally scheduled for April 24, but they were postponed twice due to
the inability of the government and a coalition of opposition parties
to agree on the opposition's demand that the electoral code be
rewritten, the ruling coalition dissolved, and laws regulating the
media reformed. The opposition coalition indicated it would not
participate in elections until its demands were met. The majority and
opposition parties engaged in a national dialogue from September 17 to
October 19 to resolve their political impasse, but no timetable for
Senate, National Assembly, or municipal elections had been established
at year's end. The Constitutional Council subsequently ruled that a
delay of parliamentary elections through May 2012 would be legal.
Participation of Women and Minorities.--There were 18 women in the
National Assembly and six in the 56-seat Senate. The 27-member cabinet
included three women, three Black Moors, and five Afro-Mauritanians.
The law requires that women make up at least 20 percent of
candidates on legislative candidate lists. It was observed in practice.
Section 4. Official Corruption and Government Transparency
The law provides criminal penalties for official corruption, but
authorities 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 Worldwide Governance Indicators reflected that corruption was a
severe problem.
There were reports that government officials frequently used their
power to obtain such favors 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. On January 16, the Judiciary Council created the Criminal
Division for Economic and Financial Crimes, a special chamber
responsible for economic crimes, to reinforce the legal efforts against
corruption. During the year this body completed seven investigations
resulting in the dismissal of several government officials.
President Aziz's government placed fighting corruption at the top
of its agenda and made high-profile arrests during the year such as
that of Moulaye El Arbi Ould Moulaye Mohamed for his alleged
involvement in the misappropriation of $49 million from the parastatal
import-export firm SONIMEX in 2008. A 2008 corruption dispute involving
the Global Fund to Fight Aids, Tuberculosis, and Malaria was resolved
after the government reimbursed the Global Fund and agreed to implement
new procedures.
Corruption and impunity were also serious problems in the police
force, and the government rarely held security officials accountable or
prosecuted them for abuses. Police regularly demanded bribes at nightly
roadblocks in Nouakchott and at checkpoints between cities. There were
numerous reports that police arbitrarily detained individuals for
several hours or overnight at roadblocks in Nouakchott or other towns.
According to these reports, police detained motorists or passengers
without asking for identity papers or vehicle registration, and without
searching the vehicles. Judicial corruption was also a problem.
The government implemented anticorruption measures. A Procurement
Regulation Authority was created in July with membership from the
Office of the Inspector General, the private sector, and civil society
to monitor independent regulation of the public tender and procurement
system. The government also enforced laws prohibiting the use of
government vehicles outside working hours and eliminated benefits such
as free housing for high-level government officials.
The government enforced the requirement that senior officials,
including the president, file a declaration of their personal assets at
the beginning and end of their service. Senior officials reportedly
disclose their assets through an internal procedure, but the
information is not released to the public. President Aziz publicly
declared his assets in October 2010 due to popular 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.
An independent ombudsman organization, the National Commission on
Human Rights, includes government and civil society representatives. It
actively monitored human rights and advocated for government action to
correct violations.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution and law provide for the equality for all citizens
regardless of race, national origin, sex, or social status and
prohibits racial or ethnic propaganda, but 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.--Rape and Domestic Violence.--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. In practice 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. In practice rape cases rarely went to
trial. In several cases wealthy rape suspects reportedly avoided
prosecution or, if prosecuted, avoided 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 adultery, judges
could hold the victim responsible for the rape. During the year the
local NGO, Mauritanian Association for the Health of Mothers and
Children (AMSME), provided assistance to 127 girls and six adult women
who were victims of sexual violence. There were no convictions for rape
during the year.
Domestic violence was considered a serious problem. Spousal abuse
and domestic violence are illegal, but 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. No reliable government statistics on prosecutions, convictions,
and sentences for domestic violence were available. In 2010 the
Association of Female Heads of Families (AFCF) provided legal
assistance to 1,753 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. Many
domestic violence cases are handled by a traditional judge under Sharia
outside the secular system. NGOs reported that in certain cases they
had turned directly to police for help to protect victims of domestic
violence, but police declined to investigate. The AFCF and other
women's NGOs provided psychologists and shelter to some victims.
Female Genital Mutilation.--FGM is practiced primarily on young
girls (see section 6, Children).
Other Harmful Traditional Practices.--Traditional forms of
mistreatment of women appeared to decline during the year. One of these
is the forced feeding of adolescent girls (gavage) prior to marriage
practiced only among White Moor tribal groups. Increased government,
media, and civil society attention to the problem, including the health
risks associated with excessive body weight, led to a marked decline in
the traditional encouragement of female obesity. Nevertheless,
overeating to conform to cultural standards remained a problem; it was
practiced primarily in rural areas, but many urban women endangered
their health by taking pills to gain weight or increase their appetite.
Sexual Harassment.--There are no laws against sexual harassment.
Women's NGOs reported that it was a common problem in the workplace.
Reproductive Rights.--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.
Reproductive issues were a sensitive topic and a focus of some women's
groups. Government health centers did not provide unmarried women with
access to contraception, and did so for married women only with the
consent of the husband. Contraception was available at private health
centers for those who could afford it.
In 2008 the World Health Organization estimated the rate of
maternal mortality to be 550 per 100,000 live births, due to lack of
appropriately equipped medical facilities, low participation in
programs to promote prenatal care, births without the assistance of
health professionals, poor sanitary conditions during birth, and
maternal malnutrition.
The AFCF stressed that these deficiencies applied in particular to
poor women and women from traditionally lower castes such as slaves and
former slaves, who also often lacked access to contraception, obstetric
and postpartum care, and treatment for sexually transmitted infections.
The AMSME, which operated a center for rape victims, provided emergency
contraception to victims.
Discrimination.--Women have legal rights to property and child
custody, and these rights were recognized among the more educated and
urbanized members of the population. However, women's legal rights were
restricted in comparison with those of men. 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 obtain the consent of their existing spouse or spouses
before marrying again. Government awareness programs encouraged women
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 were not
always respected. 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. Cultural resistance to marriages among members of different
castes persisted, and NGOs reported that 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 as applied in
Mauritania, 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 to the family of a man. Formulas
for property distribution varied widely from case to case. Human rights
lawyers reported that judges treated differently cases concerning White
Moor women, female slaves or other lower-caste women, and foreign
women. The personal status code provides a framework for the consistent
application of secular law and Sharia-based family law, but it is not
uniformly employed.
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 most
employers in the private sector did not apply it 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 traditionally filled by men, such as diplomacy, health
care, communications, police, and customs services.
Women's groups and national and international NGOs organized
meetings, seminars, and workshops throughout the year to publicize
women's rights.
Children.--Birth Registration.--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, or if the child was born in the country to a
citizen mother and repudiates the father's nationality a year before
reaching majority. Children born abroad to citizens can acquire
citizenship one year before reaching majority. Minor children of
parents who have become naturalized citizens are also eligible for
citizenship.
In most of the country, the government generally registered births
immediately, but 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 about the
number of unregistered births.
The law makes special provision for children's welfare, and there
were government programs to care for abandoned children, but inadequate
funding hampered the effectiveness of these programs.
Education.--The law mandates six years of school attendance for all
children, but the law was not effectively enforced. Many children,
particularly girls, did not attend school for six years. Children of
slave-caste families often did not receive an education.
Public education was tuition-free through university level. Classes
were fully integrated, including both boys and girls and students from
all social and ethnic groups.
In addition to public schools, almost all children, regardless of
gender or ethnic group, attended Qur'anic school between the ages of
five and seven and gained at least rudimentary skills in reading and
writing Arabic.
Child Abuse.--Child abuse was reported, but no data was available
to indicate its prevalence.
Child Marriage.--The legal marriage age is 18, but the law was
rarely enforced, and reports of child marriage were widespread. Since
consensual sex outside of marriage is illegal, a ``weli'' (tutor) can
present a case to local authorities requesting permission for a girl
younger than 18 years old to marry. In practice authorities frequently
granted this permission.
Harmful Traditional Practices.--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 ($410 to $1,034) 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 decline in the practice among urban
dwellers. Infibulation, the most severe form of excision, was not
practiced.
The government and international NGOs continued to coordinate their
anti-FGM efforts, which were focused on eradicating the practice in
hospitals, discouraging midwives from practicing FGM, and educating the
population. The government, the U.N. Population Fund, the U.N.
Children's Fund, and the national Imams' Association joined other civil
society members to emphasize the serious health risks of FGM and
correct the widespread belief that the practice was 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, these efforts appeared to be changing popular
attitudes.
The Forum of Islamic Thought and Dialogue between Cultures, whose
January 2010 roundtable resulted in a fatwa (Islamic ruling) against
FGM in the country, organized an international roundtable on the
subject in Nouakchott in cooperation the German Society for
International Cooperation (GIZ). The roundtable was attended by
approximately 60 religious leaders from West Africa and Egypt. On
September 13, at the end of the conference, participants issued a
regional fatwa against FGM based on the Mauritanian model.
On March 1 and 2, GIZ and the Ministry of Social Affairs, Children,
and the Family (MASEF) held an event focusing on raising women's
awareness of the harmful impact of FGM.
Sexual Exploitation of Children.--The law prohibits adult sexual
relations with a child, with penalties of six months to two years in
prison and a 120,000 to180,000 ouguiya ($410 to $620) fine. The
possession of child pornography is also illegal, with penalties of two
months to one year in prison and a 160,000 to 300,000 ouguiya ($550 to
$1,034) fine. Commercial sexual exploitation of children is illegal and
conviction carries penalties of two to five years in prison and a fine
of 200,000 to 2 million ouguiya ($690 to $6,900). In some instances men
from the Middle East contracted ``temporary marriages'' as a means to
traffic and exploit young Mauritanian girls and women in the Middle
East.
Displaced Children.--Although MASEF monitored 900 of the estimated
1,200 street children in Nouakchott through its youth insertion centers
in Dar Naim and El Mina, government assistance to street children was
limited. During the year the local NGO Infancy and Development in
Mauritania monitored 760 children in Nouakchott and Nouadhibou who
lived on the streets largely as the result of poverty and the
urbanization of formerly nomadic families.
International Child Abductions.--The country is not a party to the
1980 Hague Convention on the Civil Aspects of International Child
Abduction.
Anti-Semitism.--A very small number of expatriates practiced
Judaism. There were no reports of anti-Semitic acts.
Trafficking in Persons.--See the Department of State's Trafficking
in Persons Report at http://state.gov/j/tip.
Persons With Disabilities.--The law prohibits discrimination
against persons with physical disabilities in education, employment, or
the provision of other state services, and there were no reports of
governmental discrimination against persons with disabilities. However,
persons with disabilities generally did not have access to buildings,
information, and communications, 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. MASEF oversees social reinsertion programs
for persons with disabilities.
National/Racial/Ethnic Minorities.--Ethnic minorities faced
governmental discrimination. The inconsistent issuance of national
identification cards, which were required for voting, effectively
disenfranchised 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 ethnolinguistic tribal and clan groups and
further distinguished as either White Moor or Black Moor, although it
was often difficult to distinguish between the two by skin color. White
Moor tribes and clans, many of whom are dark-skinned after centuries of
intermarriage with Berbers and sub-Saharan African groups, dominated
positions in government and business. The Black Moors (also called
haratines or freed slaves) remained 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 earlier efforts at
``arabization.'' Neither the Afro-Mauritanian national languages nor
the local Hassaniya Arabic dialect were used as languages of
instruction. On April 20, a riot between Afro-Mauritanian and Moor
students broke out at Nouakchott University over allegations of fraud
during a student union vote that was split mainly along ethnic lines.
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 to obstruct access
to water and pastures.
Human rights NGOs reported numerous cases of inheritance disputes
between slaves or former slaves and their masters. Traditionally, slave
masters inherited their slaves' possessions.
The government's Program to Eradicate the Effects of Slavery, begun
in 2009, continued during the year. Its goals were to reduce poverty
among the 44,750 former slaves in the Assaba, Brakna, Gorgol, and Hodh
Chargui regions and improve their access to water, health, education,
and income-generating opportunities. However, the program's activities
were reduced during the year after former human rights commissioner
Ould Daddeh was arrested along with and senior-level staff, including
its coordinator and its financial director, on findings of corruption
in a government inspection. NGOs maintained that the commissioner was
arrested for political reasons.
The government also continued its collaborative program with the
U.N. on conflict prevention 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, as applied in
the country, consensual same-sex sexual activity between men is
punishable by death if witnessed by four individuals, and such activity
between women is punishable by three months to two years in prison and
a 5,000 to 60,000 ouguiya ($17 to $207) fine. There were no criminal
prosecutions during the year. There was no evidence of societal
violence, societal discrimination, or systematic government
discrimination based on sexual orientation. 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 governmental discrimination against persons with HIV/AIDS, but
societal taboos and beliefs associated with the disease in some areas
caused infected persons to face isolation or exclusion.
Section 7. Worker Rights
a. Freedom of Association and the Right to Collective Bargaining.--
The law allows workers to form and join independent unions of their
choice and provides the right to conduct legal strikes and to bargain
collectively, although long and complex procedures must be followed
before a legal strike can be called. Under the law all workers except
members of the armed forces and police were free to associate in and
establish unions at the local and national levels.
Laws prohibit antiunion discrimination. Nearly 90 percent of
industrial and commercial workers were unionized. However, only 25
percent of workers were employed in regularly paid positions. A
majority worked in the informal sector, primarily subsistence
agriculture and animal husbandry.
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 the ministry believes
that the union has not complied with the law. Workers and unions
organized several strikes during the year. International labor
observers reported that authorities also repressed a number of strikes.
For example, in May, during a protest by dockworkers in Nouakchott,
riot police used violence against the demonstrators and many were
injured. The International Trade Union Forum reported that the National
Local Authorities' Workers Union had applied unsuccessfully for
authorization for the demonstration several times.
The law provides for the right to strike, but long and complex
procedures must be followed before a legal strike can be called. The
government can also dissolve a union for what it considers an illegal
or politically motivated strike, but it did not dissolve any unions
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.
Unions exercised their right to organize workers during the year.
However, the head of government decides how negotiations are to be
conducted once the Ministry for the Civil Service agrees on
negotiations.
While antiunion discrimination is illegal, national human rights
groups and unions reported that authorities did not actively
investigate alleged antiunion practices in some private firms owned by
very wealthy citizens.
b. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, including by children. The law criminalizes
the practice of slavery and imposes penalties on government officials
who do not take action on reported cases. The law includes criminal
penalties also for contracting to benefit from forced labor and for
exploiting forced labor as part of an organized criminal network.
Although significant advances were made during the year, government
efforts to enforce the antislavery law were widely acknowledged to be
inadequate when compared with the dimensions of the problem.
There were reports of forced child labor.
Slavery-like practices, typically flowing from ancestral master-
slave relationships and involving both adults and children, continued.
Former slaves and their descendants were impelled to remain in a
dependent status in part of the lack of marketable skills, poverty, and
persistent drought. Such practices occurred primarily in areas where
educational levels were generally low or a barter economy still
prevailed, and in urban centers, including Nouakchott, where slavery-
like domestic service existed. The practices commonly occurred where
there was a need for workers to herd livestock, tend fields, and do
other manual labor. Some former slaves and descendants of slaves were
pushed into working for their old masters in exchange for some
combination of money, lodging, food, and medical care. Individuals in
these subservient circumstances were vulnerable to mistreatment. Women
with children faced particular difficulties and could be compelled to
remain in a condition of servitude, performing domestic duties, tending
fields, or herding animals without remuneration.
Some former slaves reportedly continued to work for their former
masters or others without remuneration in order to retain access to
land they traditionally farmed. Although the law provides for
distribution of land to the landless, including to former slaves,
authorities have enforced it in only a few cases. NGO observers
suggested that deeply embedded psychological and tribal bonds also made
it difficult for many individuals whose forbearers had been slaves for
generations, 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 punishment if that bond were broken. Former slaves
were often subjected to social discrimination and limited to performing
manual labor in markets, ports, and airports.
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 claimed with
varying degrees of plausibility that they 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.
Men, women, and children were trafficked for and subjected to
domestic service, street begging for unscrupulous religious teachers,
and slave-like relationships as domestic servants or herders. The law
criminalizes the practice of slavery and imposes penalties on
government officials who do not take action on reported cases.
The government organized training workshops about the antislavery
law for administrative authorities and judges. The Program to Eradicate
the Effects of Slavery continued to provide one billion ouguiya ($3.4
million) per year in development assistance to communities of former
slaves. These funds were focused on development assistance, not on the
social and legal enforcement of the antislavery law.
On April 13, the government tried its first case under this law.
The defendants were acquitted the same day. On November 20, the first
conviction for slavery was obtained in the case of two enslaved youths.
The master received a sentence of two years' imprisonment and his
family members received suspended sentences. They were also ordered to
pay a fine of 1.35 million ouguiya ($4,655). The mother of the two
youths received a one-year suspended sentence.
The government also prosecuted an alleged slaveholder using the
lesser charge of child exploitation, and on January 16, a court
convicted her and prescribed a jail sentence. In March, however, the
Nouakchott Court of Appeals acquitted her.
Also see the Department of State's Trafficking in Persons Report at
http://state.gov/j/tip.
c. Prohibition of Child Labor and Minimum Age for Employment.--The
law prohibits employment of children under the age of 12. Those under
age 13 may not be employed in the agricultural sector unless the
minister of labor grants an exception due to local circumstances. Those
younger than 14 may be employed in most forms of family enterprise with
authorization from the Ministry of Labor as long as the work does not
affect the child's health, exceed two hours per day, or occur during
school hours or holidays. The law states that employed children 14 to
16 should receive 70 percent of the minimum wage and those 17 to 18
should receive 90 percent of the minimum wage. Children should not work
more than eight hours a day with one or several one-hour breaks, and
they are prohibited from engaging in night work. The law prohibits
employing or inciting a child to beg with penalties ranging from one to
eight months imprisonment and a fine of 180,000 to 300,000 ouguiya
($620 to $1,034)
MASEF is the main governmental body responsible for enforcing all
laws relating to children. The Office of Childhood promotes and
protects children's rights, elaborates and executes child welfare
programs, coordinates actions in favor of childhood educational
development, and elaborates and executes a national policy. The
Ministry of Justice is involved through the Direction of the Judiciary
for Protection of Children and the Ministry of the Interior through the
Special Police Brigade for Minors. The Ministry of Labor also
collaborates through its Labor Office and Inspection Office.
Enforcement of laws was inadequate. No mechanisms existed for
exchanging information among agencies or to assess effectiveness. There
was no specific mechanism for making complaints other than labor
inspectors or the Special Police Brigade for Minors. NGOs were the only
organizations that handle cases of child victims, refer them to the
Special Brigade for Minors, and pressure the government to adjudicate
the cases or integrate the victims in social centers or in schools.
During the first six months of the year, there were only 21
inspectors to receive and investigate complaints; during the year the
government recruited 46 inspectors who were trained at the National
School of Administration, and 60 inspectors were on duty at year's end.
None of them, however, were dedicated to investing compliance with
child labor regulations. The 2011 budget provided 10.4 million ouguiya
($35,700) to the Office of Childhood, but nothing was specified for
investigations. As a consequence no child labor investigations took
place during the year.
An unknown number of ``talibes'' (young students), nearly all from
Halpulaar tribes, begged in the streets and gave the proceeds to their
``marabouts'' (religious teachers) as payment for religious
instruction. There were reliable reports that a small number of
marabouts forced their talibes to beg for more than 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.
Child labor in the informal sector was common and a significant
problem, particularly within poorer inner city areas. Several reports
suggested that young girls, as young as the age of seven, from remote
regions, and possibly from western Mali, continued to be forced to work
as unpaid housemaids in some wealthy urban homes.
Street gang leaders forced children to steal, beg, and sell drugs
in the streets of the capital. Children were reportedly forced to work
in agriculture, construction, and livestock herding.
Young children in the countryside were commonly engaged 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 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.
Also see the Department of Labor's Findings on the Worst Forms of
Child Labor at http://dol.gov/ilab/programs/ocft/tda.htm.
d. Acceptable Conditions of Work.--The nationally mandated minimum
monthly wage for adults, which was not enforced, was 30,000 ouguiya
($103), increased from 21,000 ouguiya ($72) on September 24. The
poverty level for 2008 was an annual income of 129,600 ouguiya ($447)
and the extreme poverty level for 2008 was an annual income of 96,400
ouguiya ($332).
The law provides that the standard legal nonagricultural workweek
must not exceed either 40 hours or six days without overtime
compensation, which was to be 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 sets health and safety standards.
Workers have the right to remove themselves from hazardous conditions
without risking loss of employment. The law applies to all workers in
the formal economy.
According to the General Confederation of Workers of Mauritania,
the National Agency of Social Security registered 501 workplace
fatalities or injuries during the year, 189 of them at the national
mining company, SNIM. It is likely that the number of accidents was
greater because many accidents in the informal economy were unreported.
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.
Despite the law, labor unions pointed to conditions approaching
modern slavery in several sectors, including the food processing
industry. In these sectors, workers do not have contracts or receive
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.
Despite the law, workers could not remove themselves from hazardous
conditions without risking loss of employment.
__________
MAURITIUS
executive summary
Mauritius is a multiparty democracy 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 2010 elections,
judged by international and local observers to be generally free and
fair. Security forces reported to civilian authorities.
The most important reported human rights problems were violence and
discrimination against women.
Other reported human rights problems included security force abuse
of suspects and detainees, prison overcrowding, official corruption,
abuse and sexual exploitation of children, discrimination against
persons living with HIV/AIDS, discrimination and abuse based on sexual
orientation, restrictions on labor rights, antiunion discrimination,
and child labor.
The government took steps to prosecute and punish officials who
committed abuses, whether in the security services or elsewhere in the
government; however, impunity at times occurred.
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.
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. On December 30, the
Director of the National Security Service allegedly assaulted a
motorcyclist with a baton after the official reproached the rider for
his dangerous driving. Two of the motorcyclist's relatives were
arrested and brought to court for incitement to rebellion after a crowd
gathered in front of the police officer's house. The investigation
regarding the initial incident was ongoing at year's end, and the
senior police officer was not arrested or suspended.
An investigation continued in the 2010 case involving a
motorcyclist and six plainclothes police officers. According to media
reports, 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 Agathe of stealing a mobile phone and 7,000
rupees ($242). The six plainclothes officers took Agathe to the
Pamplemousses police station, and in view of two uniformed police
officers, beat Agathe so severely that he lost consciousness and
sustained bruises on his face and neck. Agathe subsequently was
released without charge. The police officers involved in the beating
retained their positions pending an investigation.
There were no developments in the June 2010 incident in which some
of the 34 inmates who escaped from Grand River North West Prison 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.
Prison and Detention Center Conditions.--The media reported cases
of overcrowding and drug abuse in the country's five prisons. Prisoners
did not file complaints of abuse with the National Human Rights
Commission (NHRC). There were no reports of threats to life and health;
food shortages; inadequate potable water, ventilation, temperature, or
lighting problems; however, hygiene, sanitation, and basic medical care
remained a problem.
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 a juvenile
detention facility. Men and women were held in separate buildings.
Pretrial detainees were held with convicted prisoners.
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 NHRC, local nongovernmental organizations
(NGOs), and the U.N. 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 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, 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 and
suspects were problems. The Office of the Ombudsperson, the NHRC, and
the Police Complaints Bureau are the mechanisms available to
investigate security force abuses.
The NHRC investigates allegations of police abuse and may report
such cases to the office of the director of public prosecutions. 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.
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. A suspect can
be detained for up to a week, after which the person may bring the
issue of bail before a magistrate. Alternatively, if police agree with
the accused, that person may be released on bail the same day as the
arrest. Individuals charged with drug trafficking may be detained for
up to 36 hours without access to legal counsel or bail. Courts accepted
bail for most alleged offenses.
Pretrial Detention.--Due to a backlogged court system,
approximately20 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 felony 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.--Status of 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 the rights
of the press in practice.
Freedom of Speech.--Individuals could criticize the government
publicly or privately without reprisal.
Freedom of Press.--The independent media were active and expressed
a wide variety of views, although the government at times restricted
press freedom. The government owned the sole domestic television
network, 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.
The boycott by government agencies on subscriptions to the
newspapers of La Sentinelle Group was still ongoing at year's end.
Violence and Harassment.--The prime minister regularly warned the
press about tougher media laws that were being developed, although no
such legislation was introduced during the year.
Publishing Restrictions.--The Satanic Verses by Salman Rushdie
continued to be banned, as it had been since 1989, and officially
bookstores did not import the book; however, authorities did not fine
bookstores for carrying the book during the year.
Internet Freedom.--There were no government restrictions on access
to the Internet or reports that the government monitored e-mail or
Internet chat rooms. Individuals and groups could engage in the
expression of views via the Internet, including by e-mail.
Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.
b. Freedom of Peaceful Assembly and Association.--The constitution
and law provide for freedom of assembly and association, and the
government generally respected these rights in practice.
c. Freedom of Religion.--See the Department of State's
International Religious Freedom Report at http://state.gov/j/drl/irf/
rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution and law provide for
freedom of movement within the country, foreign travel, emigration, and
repatriation, and the government generally respected these rights in
practice.
The government cooperated with the Office of the U.N. High
Commissioner for Refugees (UNHCR) and other humanitarian organizations
in providing protection and assistance to refugees, asylum seekers,
stateless persons, and other persons of concern.
Protection of Refugees.--The laws do not 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.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution and law provide citizens with the right to change
their government peacefully, and citizens exercised this right in
practice through periodic, free, and fair elections based on universal
suffrage.
Elections and Political Participation.--Recent Elections.--
International and local observers characterized the May 2010 National
Assembly elections as 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
system known as the ``best loser system'' (BLS). In the May 2010
legislative elections, the ruling coalition Alliance of the Future
(AF), led by the Labor Party, won 41 parliamentary seats; the Alliance
of the Heart coalition (AH), led by the Mauritian Militant Movement
(MMM) won 18; the Rodrigues Movement (MR) won two; and the Mauritian
Solidarity Front won one seat. Subsequently, under the BLS, the AF
obtained four additional seats, the AH two, and the Rodrigues Peoples
Organization obtained one.
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 the 1972 census results no longer reflected the country's
demographic composition. Various political observers stated that the
BLS undermined national unity and promoted discrimination. At year's
end, there were active public discussions of legislative modifications
to, or elimination of, the BLS.
International election observers noted some problems including
unequal representation due to electoral constituencies not being
redrawn, the inability of persons who turned 18 between January 2009
and May 2010 to vote due to use of the 2009 voters roll, lack of
accommodations for persons with disabilities, and lack of legal
provisions to provide for domestic election observers. Also various
candidates stated that some politicians distributed gifts in their
constituencies prior to the May 2010 election, and that some polling
materials were not available in Creole, a language spoken by more than
90 percent of the population.
Political parties operated without restriction or outside
interference. Opposition parties stated that the government-owned TV
station, MBC TV, favored the ruling party. Opposition and MMM leader
Paul Berenger stated that MBC TV provided more airtime to and better
picture quality of the prime minister.
Participation of Women and Minorities.--There were 13 women in the
70-seat National Assembly. Following the May 2010 National Assembly
elections, there were two female ministers in the 25-member cabinet. Of
the 20 Supreme Court judges, eight 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, 20 members of the general population, 11
Muslims, and two Sino-Mauritian. In the cabinet there were 17 Hindus,
four Muslims, four members of the general population, and one Sino-
Mauritian.
Section 4. Official Corruption and Government Transparency
The law provides criminal penalties for official corruption, but
the government did not implement these laws effectively. There was a
widespread public perception of corruption in the legislative and
executive branches. The World Bank's most recent Worldwide Governance
Indicators reflected that corruption was a problem.
On January 6, opposition MMM party leader Paul Berenger told the
media that the government bought a private clinic for 144.7 million
rupees ($5,006,920) that was initially appraised at 75 million rupees
($2,595,160). Two ministers were shareholders in the private clinic
when it was sold. A minister and five civil servants were arrested, and
an investigation continued at year's end.
There were no developments in the December 2010 case in which
police arrested Johnson Roussety, the leader of the Rodrigues Regional
Assembly and an MR member, for influence peddling 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 director of public
prosecutions, and 22 were discontinued for lack of substantiation.
ICAC continued to investigate the following 2009 cases: the
District Council of Pamplemousses-Riviere du Rempart overpayment for a
cleaning contract, and bribery by the then director of the National Art
Gallery.
Ministers of the national government and commissioners of the
Rodrigues Island Regional Assembly are required to make a public
disclosure of family assets, including 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.
U.N. and Other International Bodies.--The government cooperated
with international organizations and permitted visits by U.N.
representatives and other international organizations.
Government Human Rights Bodies.--The president appoints an
ombudsman to investigate complaints against public servants, including
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 2009 the Parliament established the Truth and Justice Commission
(TJC). The mandate of the TJC is to conduct inquiries into slavery and
indentured labor during the colonial period in Mauritius. On November
25, the TJC presented a comprehensive report of its activities and
findings based on factual and objective information and evidence.
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.--Rape and Domestic Violence.--The law prohibits rape,
including spousal rape, but police and the judicial system did not
effectively enforce the law. According to women's rights NGOs, police
were not always effective in protecting domestic violence victims who
had been granted protection orders from the court. The penalty for rape
is 20 years' imprisonment, with a fine not exceeding 200,000 rupees
($6,920). As of November 2010, the police Family Support Bureau had
received six reports of rape; 2010 statistics on prosecutions of rape
were not yet available. However, rape was widespread, and most 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. As of August 2010, more than 1,600
domestic violence cases were reported during the year; no information
was available on the number of abusers prosecuted during the year.
Penalties for domestic violence that constitutes assault ranged from 10
years' to 20 years' imprisonment and a fine not exceeding 200,000
rupees ($6,920) depending on the extent of injuries involved. Anyone
found guilty of violating a protection order under the Domestic
Violence Act may be fined up to 25,000 rupees ($865) 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.--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 2010 the Sex Discrimination Division of the
NHRC received 20 complaints; two involved sex discrimination, four
involved sexual harassment, and 14 involved moral harassment, a term
which refers 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.
Reproductive Rights.--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, which was provided free of charge in
government run hospitals, which also provided free essential obstetric
and postpartum care. The maternal mortality ratio was 22 per 100,000
live births, according to a 2010 UNICEF report. Women were equally
treated for sexually transmitted infections.
Discrimination.--Men and women enjoy the same rights under the
constitution and the law, and these rights were upheld before 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, was set up in
1999 to promote the economic empowerment of women, and operates under
the aegis of the Ministry of Gender Equality.
Cultural and societal barriers prevented women from playing a
bigger role in society. For example, the first female firefighter was
only recruited in 2011. There were few decision-making positions in the
private sector filled by women; there were even fewer women sitting on
boards of directors. A large majority of women were employed in
unskilled labor jobs.
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 states that women should not be forced to
carry loads above certain weight limits.
Children.--Birth Registration.--Citizenship is derived by birth
within the country's territory. Births were registered, and the law
provides for late registration. Failure to register births resulted in
denial of some public services.
Education.--The law requires that children attend school until the
age of 16, and tuition-free public education is available through the
secondary level. Books and uniforms were required and provided.
Child Abuse.--Child abuse was more widespread than the government
acknowledged publicly, according to NGOs. The law criminalizes certain
acts compromising the health, security, or morality of a child,
although the government was unable to enforce complete compliance. The
state-funded National Children's Council, 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.
The media reported that a seven-year-old girl, Patricia Martin, was
found dead in Richelieu on September 13. The post mortem 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 pending trial at year's end.
Sexual Exploitation of Children.--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 ($3,460).
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.
Anti-Semitism.--Approximately 120 Jews resided in the country.
There were no reports of anti-Semitic acts during the year.
Trafficking in Persons.--See the Department of State's Trafficking
in Persons Report at http://state.gov/j/tip.
Persons With Disabilities.--The law prohibits discrimination
against persons with physical, sensory, intellectual, and mental
disabilities in employment, education, access to health care, or the
provision of other state services, and the Training and Employment of
Disabled Persons Board effectively enforced it. The law requires that
buildings be accessible for persons with disabilities; however, many
older buildings remained inaccessible to persons with disabilities,
making it difficult for organizations in those buildings to hire many
persons with disabilities. The law requires organizations employing
more than 35 persons to set aside at least 3 percent of their positions
for persons with disabilities, and the government enforced this law.
The government effectively implemented programs to ensure that persons
with disabilities had access to information and communications. The
state-run television station aired a weekly news program for persons
with disabilities. The government does not restrict the right of
persons with disabilities to vote or participate in civic activities;
however, during the May 2010 legislative elections, private radio
stations reported that a few persons with disabilities were not able to
vote because the polling stations were not accessible.
Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--The law does not specifically
criminalize same-sex sexual activity. It does criminalize the act of
sodomy, and this prohibition is equally applied to homosexual and
heterosexual couples.
Sodomy cases that reach the courts almost exclusively involve
straight persons, especially in divorce cases. The sodomy statute
rarely is used against homosexuals, unless one of the partners claims
sexual assault, including sodomy.
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 always refused to file
complaints with police for fear of reprisal from family members.
At year's end, there were no reports of societal or governmental
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 should be free from stigmatization and
discrimination; however, there were reports of discrimination against
such persons and their relatives.
Unlike in previous years, there were no reports that HIV-positive
detainees at the Central Prison were forced to wear yellow badges so
that they could easily be identified during routine medical checkups.
During the year local NGO PILS recorded three cases of
discrimination against HIV/AIDS patients and their relatives. PILS also
reported that breaches of confidentiality regarding HIV/AIDS patients'
medical records in public hospitals, including Rodrigues Island,
remained a problem.
Section 7. Worker Rights
a. Freedom of Association and the Right to Collective Bargaining.--
The constitution and law provide for the rights of workers, including
foreign workers, to form and join independent unions, conduct legal
strikes, and bargain collectively. 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 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. 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. The law prohibits antiunion
discrimination, but does not provide for reinstatement of workers fired
for union activity. Dismissed workers can resort to the Industrial
Relations Court to seek redress.
National labor laws cover workers in the EOE; however, there are
some EOE-specific labor laws that authorize longer working hours,
including 10 hours per week of mandatory paid overtime at a higher wage
than for ordinary working hours.
The government effectively enforced applicable laws, and there were
few delays in procedures and appeals.
Freedom of association and the right to collective bargaining were
generally respected in practice, and workers exercised these rights in
practice. Most unions collectively negotiated wages higher than those
set by the National Remuneration Board (NRB). Worker organizations were
independent of the government and political parties. There were no
reports of government interference in union activities, including
targeted dissolving of unions and use of excessive force to end strikes
or protests.
Despite the law, antiunion discrimination remained a problem in the
private sector. Some employers in the EOE reportedly continued to
establish 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.
On December 7, former trade unionist Rehana Ameer of the Mauritius
Broadcasting Corporation (MBC) was reinstated. In August 2010, the
governmental MBC had suspended her for allegedly sending an anonymous
letter to MBC employees criticizing management practices. MBC dismissed
Ameer in December 2010 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.
b. Prohibition of Forced or Compulsory Labor.--The law prohibits
all forms of forced or compulsory labor, including by children. There
were no reports of forced child labor during the reporting period.
c. 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. According to the law, the penalties for employing a child are
a fine of no more than 10,000 rupees ($346) and imprisonment not to
exceed one year.
While the government generally respected this law, it did not
effectively enforce this law.
The ministry is responsible for the enforcement of child labor laws
and conducted frequent inspections; however, it employed only 45
inspectors to investigate all reports of labor abuses, including those
of child labor. There were no statistics on the number of child labor
cases fined during the reporting period.
The ministry developed vocational training programs to prevent
employment of underage children and conducted programs to identify and
integrate street children in its vocational training program.
However, child labor occurred. Children worked in the informal
sector, including as street traders, in small businesses, in
restaurants, in agriculture, and in small apparel workshops.
Also see the Department of Labor's Findings on the Worst Forms of
Child Labor at http://dol.gov/ilab/programs/ocft/tda.htm.
d. Acceptable Conditions of Work.--In the private sector, the NRB
sets minimum wages for nonmanagerial workers outside the EOE. The
established minimum wages varied by sector. The government 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 ($21) per week, while the minimum wage for an
unskilled domestic factory worker outside the EOE was approximately 794
rupees ($27) per week.
The standard legal workweek in the EOE was 45 hours. By law no
worker can be forced to work more than eight hours a day, six days a
week. According to the Mauritius Labor Congress, 10 hours of overtime a
week is nonetheless mandatory at certain textile factories in the EOE.
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. The law provides that, in cases of overtime
violations, the ministry is required to investigate, and employers are
encouraged to take remedial actions, failing which a court action is
initiated.
The government set occupational safety and health standards, and
Ministry of Labor officials inspected working conditions. The ministry
effectively enforced the minimum wage law. These standards were
generally enforced for both foreign and domestic workers. However, the
inadequate number of inspectors limited the government's enforcement
ability. Penalties were sufficient to deter violations.
Although the minimum wage 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.
There were reports that full-time employees in the cleaning industry
were not always paid the NRB-recommended minimum wage; they reportedly
earned up to 1,500 rupees per month ($51).
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.
Employers did not always comply with safety regulations, resulting
in 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.
During the year there were three workplace fatalities. Major
industrial accidents in which workers were injured or killed occurred
mainly in the construction sector.
__________
MOZAMBIQUE
executive summary
Mozambique is a constitutional democracy. In 2009 voters reelected
President Armando Guebuza 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
observers and local civil society expressed concern over the electoral
procedures that preceded the balloting, particularly the exclusion of
six of nine presidential candidates and the disqualification of one
opposition party's parliamentary candidates from seven of 11 provinces.
There were instances in which elements of the security forces acted
independently of civilian control.
Incidents of serious human rights abuse occurred during the year;
the three most important were unlawful killings by security forces,
harsh and life-threatening prison conditions including beating of
prisoners, and domestic violence.
Other human rights problems included lengthy pretrial detention; an
inefficient, understaffed, and inadequately trained judiciary
influenced by the ruling party; and political and judicial decisions
involving independent media outlets that 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.
The government took some steps to punish and prosecute officials
who committed abuses, but impunity remained a problem.
1Section 1. Respect for the Integrity of the Person, Including Freedom
from:
a. Arbitrary or Unlawful Deprivation of Life.--There were several
reports by human rights activists and domestic media sources that the
government or its agents committed arbitrary or unlawful killings; most
concerned border security forces and prison guards.
For example, in March police officers shot and killed a citizen in
his home in Nampula while looking for his brother. There were no
further developments by year's end.
There were no reports of criminal or disciplinary actions against
members of the security forces who shot and killed between 13 and 18
protesters in September 2010 (see section 2.b.).
There were a few reports of death resulting from police abuse. For
example, in July the director of Cagore Open Prison in Barue, Manica
Province, was arrested for beating a prisoner so severely that the
prisoner succumbed to his injuries 48 hours later. The director was
subject to an internal disciplinary procedure but remained in his post.
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. Human rights advocates and the media reported occurrences of
torture and other cruel, inhuman, or degrading treatment, including
several cases involving sexual abuse of women, beatings, and prolonged
detention.
There were reports of beatings at several prisons. For example, in
February, according to the weekly Publico, former inmates of a
detention center in Sofala Province claimed to have been beaten and
deprived of food, as well as forced to work for the financial benefit
of the guards.
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 National Prison Service, under the Ministry of Justice,
operated 184 prisons in 10 provinces. The Ministry of Interior is
responsible for jails at police stations. In October the Justice
Ministry reported there were 16,304 prisoners, but the jails and
prisons were designed to hold only 6,654 prisoners. Slightly more than
66 percent of prisoners had been convicted; the rest were awaiting
trial. The National Prison Service spends approximately 3,600 meticais
($133) per month to house, feed, clothe, educate, and provide medical
care for each prisoner.
Overcrowding remained the most serious problem. Prisons held more
than twice as many prisoners as they were built for and prisoners often
slept in bathrooms, standing up, or in shifts.
The Mozambican League of Human Rights (LDH) made numerous visits to
prisons and detention facilities. Based on those visits, the LDH
continued to note the following conditions in the prisons and detention
facilities: harsh treatment, inadequate food, poor hygiene,
overcrowding, adults and juveniles held together, and prisoners kept
beyond their sentences.
In many cases prison officials did not provide even basic food to
the prison population. It was customary for families to bring food to
prisoners, but not all prisoners had families able to provide them
food. In the prisons visited, the LDH characterized the food provided
by the prison authorities as ``poor'' and generally ignored by
prisoners if their families were able to provide them with something
better. It was reported that the prison food consisted mainly of corn
meal, rice, and beans lacking in both quality and quantity.
Malaria, tuberculosis, cholera, and HIV/AIDS were commonplace among
prisoners in nearly all prisons, and the Justice Ministry publicly
acknowledged these problems. Other illnesses were 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. Few prisons
had healthcare facilities or the ability to transport prisoners to
outside facilities. Prisons that do have healthcare facilities often
lacked basic supplies and medicines, leaving most without medicine
unless they could afford to buy them privately. Almost all prisons were
constructed in the colonial era, and very few have been refurbished
since, leaving many in an advanced state of dilapidation that puts the
prisoners and staff at risk.
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.
International and domestic human rights groups had access to
prisoners, although at the discretion of ministries of justice and
interior. In 2009 the LDH entered into a memorandum of understanding
with the Ministry of Justice allowing it to visit prisons unannounced.
In exchange, the LDH would submit to the government copies of its
findings prior to release, although it would be free to publish its own
independent findings. There were delays in obtaining the required
credentials to visit prisons, but the LDH confirmed that by the
beginning of the year, these delays had been resolved, and these
visitation rights continued during the year. However, there is no such
agreement with the Ministry of Interior, which controls detention
facilities in police stations, making visits to those facilities more
difficult for the LDH as it requires formal requests to the Ministry of
Interior and a commitment of scarce time and resources on the part of
the LDH.
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 their
prison directors, the LDH, and other authorities, although no formal
system or ombudsmen exists for entering complaints or following through
to see them resolved. Complaints were also reported in the local press.
The Ministry of Justice and the National Prison Service
acknowledged that pretrial detention, bail, and recordkeeping were
inadequate and launched efforts in 2010 to improve their systems and
lessen the possibility of prisoners serving time in excess of their
sentences or maximum legal detention periods. These efforts were
ongoing to improve prison conditions and reduce overcrowding, including
the devotion of almost the entire annual leadership meeting of the
Ministry of Justice in June to efforts to maintain prisoner's rights.
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. The border security
force, known as Forca Guarda-Fronteira, is also under the Interior
Ministry and is responsible for protecting the country's borders and
for conducting normal police patrol duties in areas within 24 miles of
the borders. 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.
Civilian authorities generally maintained control over the PIC,
PRM, and FIR, and the government has mechanisms to investigate and
punish abuse and corruption. However, there were numerous reports of
impunity involving security forces, and occasions when security forces
acted without orders or exceeded their orders. Police routinely removed
their identification at checkpoints after dark and refused to identify
themselves or their police precincts.
There were unconfirmed reports of several deaths when FIR was
unable to contain a protest by workers of a private security company in
April (see section 7.a.).
Corruption by police was widespread (see section 4).
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 January the daily Diario de Mocambique reported the arrest of
five police officers for selling or renting out their guns and uniforms
to criminals and being involved in robberies.
Implementation of the 2003-12 strategic plan of action and
modernization of the PRM continued; seven of its nine ``guiding
principles'' emphasize respect for human rights. While the plan
acknowledges 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 if 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 be informed of the charges against
them within the period required by law, as well as the 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 nongovernmental organizations (NGOs) continued to complain that
police and prison officials demanded bribes to release prisoners.
Arbitrary Arrest.--Arbitrary detention or false arrest occurred,
although they were not commonplace. For example, in May a citizen in
Nampula was handcuffed, taken to a police cell, and beaten by a police
officer for allegedly disobeying orders by not responding to a
question. The officer took the person's cell phone and money, told him
to leave and that he would be shot if he looked back. The incident was
confirmed to the press by the head of public relations at the Nampula
Provincial Command Center, who also reported that the officer was
interrogated by the PIC, would face disciplinary and likely criminal
proceedings, as well as be made to return the goods and money and pay
for the citizen's medical care. There were no further updates by year's
end.
Pretrial Detention.--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
35 percent of inmates were in pretrial detention. The LDH reported in
many cases authorities held inmates far beyond the maximum allowed
under law before their trials began and that in the city and Province
of Maputo alone in the first half of September there were 532 detainees
that were being held beyond the legal limit. In August the Ministry of
Justice inaugurated a system of appeals courts with 25 judges, designed
to reduce the burden on the Supreme Court, allow the court system to
process cases more quickly, and reduce the length of pretrial
detention.
e. Denial of Fair Public Trial.--Although the constitution and law
provide for an independent judiciary, according to civil society
groups, the executive branch and the ruling Front for the Liberation of
Mozambique (Frelimo) party heavily influenced an understaffed and
inadequately trained judiciary, particularly in the lower tiers. The
judicial system continued to suffer from lack of transparency and often
did not comply with the principles of promotion and protection of human
rights. Civil society organizations also asserted inadequate training
and corruption in the ranks of the PIC resulted in such poor quality of
some criminal case files that trial judges were unable to find
sufficient evidence for judgment.
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.--In regular courts, accused persons are presumed
innocent and have the right to legal counsel and appeal, but
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 government entity in charge of providing this free
legal aid, the Mozambican Legal Aid Institute, significantly expanded
its presence to several remote areas during the year.
The LDH reported that many citizens remained unaware of the right
to a legal counsel and had no such access. Some NGOs, including the
LDH, offered limited legal counsel at little or no cost to both
defendants and prisoners. According to the law, only judges or lawyers
may confront or question witnesses, although in practice members of the
community occasionally were allowed to question witnesses. All citizens
have a right to self-defense and can present witnesses and evidence on
their own behalf and have access to government-held evidence. Such
rights were upheld during the year. There is no trial by jury.
Persons accused of crimes against the government, including treason
or national security cases, 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, to protect the privacy of the plaintiff
in a sexual assault case, or prevent interested parties outside the
court from destroying evidence.
Outside the formal court system, local community courts and
traditional authority figures often adjudicated matters such as estate
and divorce cases. Local arbiters with no formal training presided over
community courts, and sometimes overstepped legal limits. For example,
in Manica Province in February a community court sentenced an alleged
thief to be tied to a tree and beaten; he subsequently died from the
beating.
Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.
Civil Judicial Procedures and Remedies.--While the law provides for
an independent and impartial judiciary in civil matters, in practice
the judiciary was subject to political interference. Although in theory
citizens have access to courts to bring lawsuits seeking damages for,
or cessation of, human rights violations, in practice this did not
occur.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The constitution and law prohibit such actions, and
the government generally respected these prohibitions in practice.
However, opposition party members alleged that government intelligence
services and ruling party activists continued without warrants to
monitor telephone calls and e-mails, conduct surveillance of their
offices, follow opposition members, use informants, and disrupt party
activities in certain areas.
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.--Status of Freedom of Speech and
Press--The constitution and law provide for freedom of speech including
for members of the press, and the government generally respected these
rights in practice.
Freedom of Speech.--Individuals could generally criticize the
government publicly or privately without reprisal. Some individuals
expressed fear that the government monitored their private telephone
and e-mail communications.
Freedom of Press.--By some estimates newspapers reached
approximately one million of the country's 22.4 million citizens. The
print media was published exclusively in Portuguese, making it
inaccessible to a majority of the population. The government maintained
majority ownership of Noticias, the main newspaper, while Diario de
Mocambique and the weekly Domingo largely mirrored the views of the
ruling party. Other publications reported news items critical of
government policies.
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, offering programming to the largest audience in at least
18 languages. Some commentators questioned the independence of Radio
Mocambique due to majority government funding. 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.
Violence and Harassment.--Some journalists reported receiving
threats. While most were anonymous, some were overt, such as the
February threat to a journalist in the city of Xai-Xai, Gaza Province,
by three police officers after the journalist reported the officers'
beating of a man. The provincial police commander condemned the actions
of the officers following news reports of the threat. In August the
Media Institute of Southern Africa (MISA) reported that a journalist
from the weekly Publico received an undisclosed threat from the
governor of the central bank, following Publico's report that the
governor had been detained while in transit at a Paris airport. MISA
also reported that in May, unknown assailants attacked a Radio
Mocambique journalist in Chimoio, Manhica Province, for no apparent
reason. Police were investigating the matter. In January, also
according to MISA and press reports, computer equipment belonging to a
Savana journalist was stolen from his home, while all other valuables
were left.
Censorship or Content Restriction.--Many journalists reported self-
censorship amongst media practitioners, while others were hesitant to
report on sensitive topics. Some media officials stated critical
reporting could result in cancellation of government and ruling party
advertising contracts. The largest advertising revenue streams for
local media came from ministries and state-controlled businesses, and
MISA noted that progovernment media received more advertising contracts
from the government than media critical of the government.
Media analysts noted that, as a way of lessening self-censorship
and negative government reaction to independent reporting, most
independent media outlets adopted the practice of reporting potentially
sensitive topics simultaneously. Such was the case in media reporting
of the corruption case involving the then president of the
constitutional court, Luis Mondlane, who later resigned from his
position following extensive press coverage of the various charges
against him.
Libel Laws/National Security.--MISA reported that despite the press
freedom provisions 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. These laws were not invoked during the year. In response to
the September 2010 violent protests, the government temporarily
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 cellular service
providers.
Internet Freedom.--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. 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.
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,
there were some abuses during the year. In February police stopped a
peaceful demonstration by former workers of a private security company
in Zambezia Province and arrested several of the protesters.
There were no reports of disciplinary or criminal proceedings
resulting from police abuses during the September 2010 riots. Police
used tear gas, rubber bullets, and live ammunition, and shot and killed
between 13 and 18 persons protesting price increases in basic
foodstuffs in several cities.
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.--See the Department of State's
International Religious Freedom Report at http://state.gov/j/drl/irf/
rpt/.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--While the law provides for freedom of
movement within the country, foreign travel, emigration, and
repatriation, the government sometimes infringed upon these rights in
practice. The government cooperated with the Office of the U.N. High
Commissioner for Refugees (UNHCR) and other humanitarian organizations
in providing protection and assistance to refugees, asylum seekers,
stateless persons, and other persons of concern in the Maratane Camp.
However, at year's end, the government had not officially approved a
smaller processing or transit center in Palma at the country's northern
border, as the UNHCR had requested.
In-country Movement.--Traffic checkpoints are under the
jurisdiction of traffic police. Checkpoints occasionally limited
freedom of movement, and according to press reports, authorities often
abused and demanded bribes from citizens. 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 foreigners for supposedly committing
infractions or violations, and did the same to local citizens for
failure to carry identity papers.
Foreign Travel.--There are no requirements to obtain exit permits
or reports of discriminatory issuance of passports.
Emigration and Repatriation.--Locally based UNHCR officials
reported that individuals living in Mozambican-heritage communities in
South Africa, Zimbabwe, and other neighboring countries would have
difficulty returning to Mozambique because they lacked identity
documents. The government, however, had not placed restrictions on
return of citizens.
Protection of Refugees.--Access to Asylum.--The country's laws
provide for the granting of asylum or refugee status, and the
government has established a system for providing protection to
refugees. 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 UNHCR and other humanitarian
organizations in assisting several thousand recognized refugees and
asylum seekers.
The government continued to work closely with UNHCR to implement a
local integration program for refugees, primarily from Somalia,
Ethiopia, and the Great Lakes Region, at the Maratane camp in Nampula
Province. The government did not officially authorize a transit camp in
Palma to screen potential asylum seekers, claiming that migrants
arriving at the northern border were mostly or entirely economic
migrants, so an additional transit camp was unnecessary.
The government provided modest assistance to Zimbabwean citizens
crossing the border into the country. Although it considered these
Zimbabweans to be economic migrants, it supported UNHCR in providing
assistance and protection to this group.
Nonrefoulement.--There were no reports of the government forcing
asylum seekers to return to countries where their freedom may be
threatened. While the government did not officially close its borders
to asylum seekers, there were numerous reports that police patrols near
the Tanzanian border refused entry to migrants, forced thousands of
migrants that were already in Mozambique over the border into Tanzania,
or forced them to return in potentially life-threatening conditions at
sea and in the wilderness borderlands. UNHCR called on Mozambican
authorities to stop deporting asylum seekers, who included women,
children, and elderly men.
Refugee Abuse.--The government allows refugee movement within the
country. Refugees must formally request authorization to move outside
the geographic region in which they have been registered, but, if
authorized, they are free to settle elsewhere in the country.
Durable Solutions.--The government in practice allowed refugees
from third countries to resettle, though it did not facilitate
extensive integration efforts.
Temporary Protection.--The government provided temporary protection
to individuals who may not qualify as refugees at the Maratane Camp and
provided it to several thousand persons during the year.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution and law provide citizens the right to change their
government peacefully, and citizens exercised this right in practice
through periodic elections held on the basis of universal suffrage. The
2009 national elections were widely criticized for numerous
irregularities and lack of transparency, including exclusion of several
presidential and parliamentary candidates. The December 2011 special
elections for mayors of three cities were boycotted by the largest
opposition party, Renamo, but other opposition parties participated.
There were concerns regarding use of government resources in support of
Frelimo candidates, voter registration, and lack of transparency, but
candidates were allowed to run freely.
Elections and Political Participation--Recent Elections.--In the
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 approximately 80
percent of all seats. Frelimo gained a sufficient majority in the
National Assembly to amend the constitution without the support of
other parties.
The main opposition parties, Renamo and the 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.
Independent reporting corroborated opposition parties' accusations that
Frelimo used state funds and resources for campaign purposes, in
violation of electoral law.
In November 2009 the National Elections Commission (CNE) announced
that Armando Guebuza of the ruling Frelimo party had been reelected
president in the October 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.
The Electoral Institute for Sustainability of Democracy in Southern
Africa questioned the transparency, integrity, impartiality, and
independence of the CNE, noting 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 prevented from running
in nine of 13 legislative districts. The CNE's action, which included
backdating documents and other questionable acts, provoked protests
from the diplomatic community and 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, local
NGO the Center for Public Integrity (CIP) called for an independent
audit of electoral processes while highlighting several significant
flaws. The government granted MDM formal status in the National
Assembly, which entitled its eight members of parliament to certain
financial and logistical support, as well as the right to speak during
parliamentary plenary sessions. The government also announced a two-
year legislative process to amend the electoral code and began
consultations with civil society organizations as part of this process.
Political Parties.--Frelimo continued to dominate the political
process, and its influence continued to grow. Opposition political
parties were permitted to operate but were sometimes subject to
restrictions, including unlawful arrest, and other interference by the
ruling party and the government. Membership in the ruling Frelimo party
was widely perceived to confer advantages.
Participation of Women and Minorities.--Women 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 98 of the 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 trafficking in persons. While there were no women on the Supreme
Court, the justice minister, two of the six assistant attorneys
general, and 91 of the 279 judges were women.
Section 4. Official Corruption and Government Transparency
While the law provides criminal penalties for official corruption,
the government did not implement the law effectively, and officials
often engaged in corrupt practices with impunity. Corruption in the
executive and legislative branches was generally perceived to be
widespread. Some internationally respected organizations indicated that
corruption was a serious problem. Petty corruption by low-level
government officials to supplement low salaries and high-level
corruption by politically and economically connected elites continued
to be the norm. In some cases high-level bribery was related to
narcotics trafficking.
Under the governance initiatives introduced in March 2010, the
government agreed to the adoption of a comprehensive set of
anticorruption laws. Robust public debate continued throughout the year
on anticorruption issues.
On February 26, the former transport and communications minister
was sentenced to 20 years in prison for embezzling 54 million meticais
($2 million) from the Mozambican Airport Company. In May the sentence
was reduced to four years and five months.
On March 22, Almerino Manhenje was sentenced to two years in prison
for embezzlement of government funds while he was the interior minister
from1996 to 2005.
In March Luis Mondlane, the former chairman of the Constitutional
Council, resigned under pressure from the other judges on the council,
as well as from the press and local NGOs, for abuse of office funds,
including using them to pay the mortgage on his house.
The Supreme Court reported that from 2010 until October 2011
disciplinary proceedings were started against 12 judges. Two of the
cases were dismissed for lack of evidence, two were ongoing, and the
remaining eight cases resulted in penalties ranging from an official
warning to dismissal.
Corruption including extortion by police was 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 to the Constitutional Council, but it does not
require that such information be made available to the general public.
The Central Office for Preventing and Combating 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. Activities of
foreign NGOs were subject to governmental regulation. Some foreign NGOs
and religious groups reported that registration regularly required
several months. The government generally had good relations with human
rights NGOs, including both local NGOs, such as LDH, and international
NGOs, such as CARE and Save the Children, and was willing to work with
them. However, some NGOs were concerned with an increase in government
registration requirements of mainly foreign NGOs operating in the
country, which the government claimed were intended to prevent
duplication of efforts.
U.N. and Other International Bodies.--In February Mozambique
presented its report for the Universal Periodic Review Mechanism on
Human Rights to the U.N. Human Rights Council in Geneva, and in October
it hosted a public presentation and discussion of the report in Maputo.
Government Human Rights Bodies.--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.--Rape and Domestic Violence.--The law prohibits rape,
including spousal rape, but it was not effectively enforced, and the
law was largely unknown in rural areas where the majority of rapes took
place. 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 few reports of rape
cases successfully prosecuted during the year. Judges commonly exercise
strict confidentiality regarding these sorts of cases, accounting for
limited media reporting of this issue.
The law 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 sexually contagious disease. The LDH reported
that a few cases were being investigated at year's end but that there
had been no arrests or formal charges.
Domestic violence against women, particularly spousal rape and
beatings, remained widespread, and despite the domestic violence law, a
2008 Multiple Indicators Cluster Survey (MICS) by UNICEF, the Ministry
of Health, and the National Statistics Institute indicated that 36
percent of women believed it was acceptable for their husbands to beat
them, with greater acceptance in rural areas than urban. Cultural
pressures discouraged women from taking legal action against abusive
spouses. 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--but was
generally unknown in the rest of the country. During the year the
Ministry of Women and Social Action carried out a national campaign on
the radio and television to fight physical and sexual violence, as well
as to educate women about the law and their rights. The messages were
broadcast regularly, including at prime times.
With the exception of some ethnic and religious groups, the groom's
family provided a bride price 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 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 30 police
squadrons in Maputo had women's and children's centers. In addition all
police squadrons in the country were in the process of installing
``green lines'' (toll-free telephone lines) to receive complaints of
violence against women and children.
Sexual Harassment.--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 incidents are usually regarded
as acts of ``indecency'' with a maximum penalty of two years'
imprisonment.
Reproductive Rights.--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 the Ministry of Women and Social Action. 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
2008 MICS estimated that 12 percent of married women between the ages
of 15 and 49 used some form of contraception. There were few doctors
and nurses in the country, but according to this survey, nearly 90
percent of women received at least some prenatal care.
The 2008 MICS estimated the maternal mortality ratio (the ratio of
the number of maternal deaths per 100,000 live births) to be 500 and
that while approximately 55 percent of births in the previous two years
were attended by skilled personnel, only 2 percent were attended by
doctors. Factors in this high rate of maternal mortality included a
severe lack of doctors and nurses in the country, especially in rural
areas; poor infrastructure; a high HIV/AIDS rate; and a near total lack
of ambulances outside of the major cities, resulting in medical care
often being days away.
Men and women received equal access to diagnosis and treatment for
sexually transmitted infections.
Discrimination.--The 2005 Family Law eliminated husbands' legal
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, more
than five years after taking effect, many women remained uninformed
about the law.
Women continued to experience economic discrimination and 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.
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.
``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.
Children.--Birth Registration.--Citizenship can be obtained by
birth either in the country or birth to 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.--Education is compulsory through completion of primary
school, grades one to seven. However, primary school completion
remained beyond the reach of many families, especially in rural areas,
as geographical coverage of upper primary school (grades six and seven)
does not match the almost full national coverage of lower primary
school (grades one to five). While public primary school education is
officially free, there are indirect costs associated with supplies and
uniforms. Despite joint government-NGO initiatives in some localities
and districts to improve girls' school attendance, it continued to be
significantly lower than for boys, especially at the secondary and
higher levels.
Child Abuse.--UNICEF 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 press reports during the year about the large numbers of high
school-age girls coerced into having sex by their teachers in order to
pass to the next grade. In July, in response to these abuses, the
Ministry of Women and Social Action launched a nationwide radio
campaign against sexual abuse of children, with influential members of
society calling for an end to the abuse of minors. The LDH reported
that there were many court cases and several convictions for sexual
harassment and abuse by teachers during the year, but could not provide
numbers.
While the government continued to stress the importance of
children's rights and welfare, significant problems remained. A 2008
law on child protection 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. The LDH reported successful resolution of cases in
juvenile courts regarding support for children after divorces or the
end of relationships and that the courts, in the LDH's estimation, had
ruled according to the rights and best interests of the children.
The Network against the Abuse of Minors 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.
Child Marriage.--The 2005 Family Law sets the minimum age of
marriage for both genders at 18 for those with parental consent, and 21
for those without it. Local custom, primarily in the northern provinces
and in Muslim and South Asian communities, allowed underage marriage.
According to UNICEF data collected between 2000 and 2009, approximately
38 percent of women between the ages of 20 and 24 were married before
the age of 18.
Sexual Exploitation of Children.--Without specifying prison terms
or fine amounts, the law prohibits pornography, child prostitution, and
sexual abuse of children under 18; however, exploitation of children
below the age of 18 and child prostitution remained problems. While the
law on protecting children is being implemented, regulations for many
sections of the law had not been fully drafted by year's end. For
example, during the year there were prosecutions for sexual abuse of
children, although no prosecutions for pornography or child
prostitution 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, primarily girls, engaged in prostitution.
Displaced Children.--Zimbabwean children, many who had 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, largely due to
lack of resources. 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
and other vulnerable children, 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, but their scope of action was
limited due to lack of funding. It also offered special classes in
local schools to children of broken homes. NGOs sponsored food,
shelter, and education programs in all major cities.
International Child Abductions.--The country is not a party to the
1980 Hague Convention on the Civil Aspects of International Child
Abduction.
Anti-Semitism.--There was a very small Jewish population, and there
were no reports of anti-Semitic acts.
Trafficking in Persons.--See the Department of State's Trafficking
in Persons Report at http://state.gov/j/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. There were an estimated
300,000 persons with disabilities in the country. Discrimination was
common against them in employment, education, access to health care,
and the provision of other state services. Unequal access to employment
was often cited as one of their biggest concerns. The law does not
mandate access to buildings for persons with disabilities, and although
the Ministry of Public Works and Habitation worked to ensure that
public buildings in Maputo city provided access for persons with
disabilities, progress has been very slow. 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 assert non-receipt of
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
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 are no laws
criminalizing consensual same-sex sexual activity. However, there were
occasional reports of discrimination based on sexual orientation, 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. With an increased public awareness of this
law, there have been no public reports of people being dismissed
because of their HIV status.
Reports continued of many women expelled from their homes and/or
abandoned by their husbands and relatives because they were HIV-
positive. Some women 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 the body parts of
persons with albinism contained special curative or sexual strength,
such persons could be subjected to violent attacks that resulted in
mutilation or death.
Section 7. Worker Rights
a. Freedom of Association and the Right to Collective Bargaining.--
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 as well as to conduct legal strikes and bargain
collectively. Public sector workers require government permission to
form unions, which has not been granted, although a number of employee
associations do exist, and these organizations present grievances and
pursue the interests of their members. The law prohibits antiunion
discrimination. Unions were responsible for negotiating wage increases.
No group of workers is excluded from these legal protections.
Workers exercised some of these rights in practice. For example,
concerted work actions, such as strikes, were infrequent but did occur.
In April the PRM was unable to contain a protest by workers of a
private security company over unpaid wages and overtime, as well as
improper deductions from wages. Some of the strikers engaged in violent
acts including destruction of company property, resulting in the FIR
being called in and subsequently beating several workers and attempting
to obstruct the work of reporters at the scene. There were unconfirmed
reports of several deaths. These actions were later condemned by the
interior minister, who reported that the FIR had received no
instructions from their commanders to employ excessive force and that
several officers would be disciplined.
Similarly, 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. Furthermore, there were reports
that many companies continued to engage in antiunion discrimination by
replacing people at the end of contracts, dismissing workers for
striking, and not abiding by collective bargaining agreements.
The country's leading trade union organization, OTM-Central
Sindical, was widely perceived to be biased in favor of the government
and the ruling party, Frelimo, but during the year it acted more
independently than in the past. For example, in April OTM-Central
Sindical criticized the government for not consulting with it on plans
for measures to alleviate the rising cost of living, despite the
organization's membership in the tripartite forum on cost of living
issues.
b. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, including that of children. Nonetheless,
forced labor of adults and children occurred. There were numerous
reports of forced child labor in the domestic and agricultural sectors.
Women and girls from rural areas, lured to cities with promises of
employment or education, were exploited in domestic servitude as well
as forced into prostitution. Women and girls from Zimbabwe and Malawi
who voluntarily migrate to Mozambique were subsequently exploited in
domestic servitude. Also see the Department of State's Trafficking in
Persons Report at http://state.gov/j/tip.
c. Prohibition of Child Labor and Minimum Age for Employment.--
Child labor 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 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,
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 a common problem, especially in rural areas. 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, tobacco, or tea leaves and were paid on a piecework
basis for work completed rather than an hourly minimum wage.
Trade unions indicated that in the northern provinces of Zambezia,
Nampula, and Cabo Delgado, adults hired to work in tobacco cotton,
cashew, and coconut plantations routinely had their children work also
to increase their income. These children worked long hours and were
prevented from attending school.
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. However,
there were no mechanisms in place for making complaints about hazardous
and forced child labor. Violations of child labor provisions are
punishable with fines ranging from one to 40 months of the minimum wage
salary. 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. There were 130 labor
inspectors, none of whom specialized in child labor issues. Inspectors
receive low wages, making them vulnerable to bribes. The inspectors
often do not have the means to travel to sites independently and are
therefore reliant on the company that they are investigating for
committing violations to provide travel to the site of an alleged
violation. 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 Labor's Findings on the
Worst Forms of Child Labor at http://dol.gov/ilab/programs/ocft/
tda.htm.
d. Acceptable Conditions of Work.--Trade unions estimated that a
minimum livable monthly wage to provide for a family of five was 7,250
meticais ($268). The minimum wage varies by sector from 1,681 meticais
($62) to 5,320 meticais ($197). In April the government updated the
minimum wage for various sectors, however, many employers had not
implemented these minimum wages by year's end. For example, there were
threats of a strike in July by employees of state-owned Radio
Mocambique and a government public transport company, TPM, who
complained they had not yet received the increases. The strike was
called off after negotiations and an agreement for future raises,
dependent on economic performance.
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 does so 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.
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, but 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.
In theory workers have the right to remove themselves from
situations that endangered their health and safety without jeopardy to
their employment; in practice, threats of dismissal and peer pressure
restricted this right. There were no special provisions for foreign and
migrant workers.
__________
NAMIBA
executive summary
Namibia is a multiparty democracy. The presidential and
parliamentary elections held in November 2009 resulted in the re-
election of President Hifikepunye Pohamba and the retention by the
ruling South West Africa People's Organization (SWAPO) of its large
parliamentary majority. SWAPO is a multiethnic party, but it is
dominated by the large Ovambo ethnic group. Despite some reported
irregularities and a legal challenge by nine opposition parties that
was ongoing at year's end, international observers characterized the
election as generally free and fair. Security forces reported to
civilian authorities.
Three predominant human rights abuses in the country included
police use of excessive force, poor detention center conditions, and
violence and discrimination against women and children, including rape,
child abuse, and child labor.
Other human rights problems included prolonged pretrial detention
and long delays in trials, harassment and political intimidation of
opposition members, and official corruption. Other societal abuses
included discrimination against ethnic minorities and indigenous
people; child trafficking, mostly for use as labor; and discrimination
and violence based on sexual orientation and gender identity.
The government took steps to prosecute or punish officials who
committed abuses, whether in the security services or elsewhere in the
government, although impunity occurred.
Section 1. Respect for the Integrity of the Person, Including Freedom
from:
a. Arbitrary or Unlawful Deprivation of Life.--There were few
reports that the government or its agents committed arbitrary or
unlawful killings. Namibian Rights and Responsibilities, Inc.
(NamRights), a local human rights organization, reported that police
allegedly shot and killed Matheus Shipanga on February 6 when he failed
to stop at a roadblock. A case of murder was opened against the police
officers, but no trial had begun by year's end.
Police reported that in March, four police officers allegedly
assaulted a suspect, Albert Shinvula, during his arrest in Katima
Mulilo in the Caprivi Region. Shinvula died from his injuries. Police
continued to investigate the matter. All four suspects were arrested
and released on bail.
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 that contained, among others, the remains of five political
activists who allegedly were killed without trial by South African
security forces in 1972. On May 4, President Pohamba claimed an
additional seven people were buried in the same grave as the activists.
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. Human rights bodies and prison
officials reported the detention of both pretrial and convicted
prisoners in overcrowded conditions. The country's main penal code does
not define ``torture,'' potentially leading to legal ambiguity over any
claims.
According to NamRights, in September 2010 Windhoek City police
assaulted and beat John Haufila until he lost consciousness at the
Wanaheda Police Station. The attack occurred in view of Namibian Police
Force (NAMPOL) officers, who did not intervene, according to Haufila.
NAMPOL officers subsequently instructed city police to take Haufila to
the hospital, where, according to Haufila, police told doctors his
injuries occurred in a fall. Police later opened a case against
Haufila, claiming he had prevented them from executing their duties. In
September 2010 police released Haufila on bail. The case was pending at
year's end.
Prison and Detention Center Conditions.--Prisons were generally
overcrowded, and some prison buildings were dilapidated; however, the
government continued to make significant improvements, working to
renovate and expand overcrowded prisons and holding cells. Renovations
and extensions were completed in 2010 and 2011 in half of the 13
prisons. Windhoek Central Prison, the second largest prison, made
significant improvements over the past three years, including the
introduction of a case management system that classifies inmates
according to risk and assigns accommodations, training, and counseling
based on this model. The prison also oversees five vocational skills
training workshops targeting unemployment and reducing recidivism.
According to the Ombudsman's Office, which had criticized prison
conditions throughout the country in earlier years, general prison
conditions have risen to ``acceptable'' levels in the last one or two
years. Authorities try to comply with minimum standards of sanitation,
provide three meals per day (although resource limitations mean they
have problems providing special diets when needed), water, space,
bedding, toiletries, and washing facilities. Each prison has a medical
clinic with a registered or enrolled nurse, and inmates with serious
health conditions are referred to state hospitals.
Conditions in detention centers and police holding cells--sometimes
located inside prisons--remained poor. The country's prisons were built
to hold 4,475 inmates. According to the Ombudsman's Office, there were
4,314 inmates in October. Although total figures indicated balance,
overcrowding remained a problem in some of the country's largest
prisons, especially since many pretrial detainees were co-located with
convicted inmates. For example, Windhoek Central Prison was designed to
hold 912 inmates but, according to prison authorities, at year's end
held approximately 2,000 inmates and pretrial detainees.
Conditions in police holding cells were poor, and overcrowding was
a serious problem in Windhoek, Ondangwa, Swakopmund, Oshakati, and
Otjiwarango. After a June 2010 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. The Ombudsman's Office reported that many inmates
were confined to a small space with minimal ventilation and washing
facilities. In October there were 3,456 suspects in holding cells
designed to hold a maximum of 3,515 persons. The cabinet took action to
address the need for additional space by authorizing the Ministry of
Safety and Security to include funding for new remand prisons in its
budget.
Conditions for women are generally better than for men. Female
prisoners in Windhoek were moved to less crowded facilities in outlying
areas, although this made family visits more difficult. The space they
vacated was used to accommodate the increasing male prisoner
population. The Windhoek-based nongovernmental organization (NGO) Legal
Assistance Center (LAC) reported female prisoners can keep their babies
with them for two years and are provided food and clothing for them.
Under the law, juvenile offenders may not be housed with adults.
Prison authorities reported this law was being upheld, but there were
reports that juveniles in rural police holding facilities were
sometimes held with adults.
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.
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 required NGOs and the media to apply to the
Commissioner General of Prisons for permission to visit prisons. The
government continued to grant both local and international NGOs access
to prisons and prisoners. The International Committee of the Red Cross
(ICRC) and the U.N. High Commissioner for Refugees (UNHCR) visited
prisons and detention centers during the year. The government rarely
acceded to such requests from the media.
d. Arbitrary Arrest or Detention.--The constitution and law
prohibit arbitrary arrest or detention. In contrast to previous years,
there were no reports that the government did not 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 Namibian Defense Force (NDF), which has approximately
15,000 to 20,000 active duty 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 caused some 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 LAC.
Some officers attended training programs with human rights components,
including human trafficking, at the International Law Enforcement
Academy in Gaborone, Botswana. NAMPOL invited guest speakers to lecture
on human rights at the police college, and more than 20 officers
completed a three-month certificate course on human rights at the
University of Namibia.
According to various civil society organizations, including at
least two committed to the protection of sex workers, police officers
continued to threaten prostitutes with arrest, or to abandon them in
remote areas, if they did not provide free sex.
Arrest Procedures and Treatment While in Detention.--Arrest
warrants are not required in all cases, such as when a suspect is
apprehended while committing 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 follow
these provisions in practice. Detainees generally were promptly
informed of the charges against them. The constitution stipulates that
the accused are entitled to defense by legal counsel of their choice.
For indigent defendants, the state-funded Legal Aid Directorate
provides free legal assistance in criminal cases, and as resources were
available in civil matters, particularly divorces. Local human rights
NGOs reported the Legal Aid Directorate faces severe resource
constraints that hampered its ability to provide effectively services
in all cases. 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, 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.
Lengthy pretrial detention remained a significant problem. In 2010
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 and Prosecutor-General's Office continued searching
for and implementing proposals to improve the pace of administering
justice, including granting increased case management powers to judges,
and considering the introduction of new case management and plea
bargaining systems. The lack of a plea bargaining system to expedite
case conclusion and poor case management systems generally slowed the
pace of trials, which can take years to complete.
e. Denial of Fair Public Trial.--The constitution provides for an
independent judiciary, and 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 role, duties,
and powers of traditional leaders and provides that customary law is
invalid if it is inconsistent with the constitution.
In some instances, cases which had been resolved in customary
courts were tried a second time in government courts. In at least one
case negotiated by a customary court, a teacher accused of impregnating
his underage student paid a settlement to the victim's family, only to
face criminal charges in a government court.
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 the 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 in
criminal and divorce cases; however, this often did not occur due to an
insufficient number of public defenders. LAC reported that even though
the Supreme Court found that the state must provide legal assistance
where gross injustice would occur otherwise, many cases of rape,
murder, and other serious crimes continue without the accused having
adequate legal representation, since the Legal Aid Directorate could
not assist them all. 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, 112 surviving 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 originally had131 detainees alleged to have
participated in the 1999 attacks charged with a total of 278 counts
related to treasonous activities. At least 19 of the accused have died
in prison, including one during the year who died from natural causes.
The trial of two ethnic Mafwe witnesses resumed in February with no
notable developments; the individuals were part of the main Caprivi
treason trial and appeared in court in 2006 on charges of perjury and
obstruction of justice for denying statements they had made to original
investigators in the Caprivi case.
Ten secessionists were convicted of treason in 2007 and sentenced
to more than 30 years. However, the judge ruled in 2009 that the 10
could appeal to the Supreme Court against the length of the sentences
they received.
The ``trial within a trial'' is 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 2010 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 cannot be used as evidence against
them. In January Judge Hoff ruled evidence linking four suspects to the
1999 secessionist attempt was inadmissible. Defense attorneys had
argued the men were assaulted by police and not informed of their right
to legal assistance at the time of their arrests. The Supreme Court
justices called for the speedy resolution of the trial, now in its
seventh year.
In November the case of Albius Moto Liseli, whose 2009 arrest made
him the last man arrested in connection with the Caprivi separatist
plot, was postponed to April 2012, when the judge is expected to hear
arguments.
Civil suits were brought 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. To date, the High Court has dismissed eight civil
claims against the ministers of home affairs and defense, 24 cases have
been settled out of court, and 90 cases remained pending. LAC continued
to represent detainees.
Political Prisoners and Detainees.--NamRights has categorized the
112 surviving Caprivi high treason detainees as ``political
prisoners,'' while Amnesty International categorized 70 percent of them
as ``prisoners of conscience.'' There were no other reports of
political prisoners or detainees.
Civil Judicial Procedures and Remedies.--There exists in civil
matters an independent judiciary, which is widely perceived as
impartial. The law provides for access to a court to bring lawsuits
seeking damages for, or cessation of, human rights violations. The
constitution provides for administrative justice as well as judicial
remedies for alleged wrongs. Civil court orders were mostly well
enforced.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The constitution prohibits such actions, and the
government generally respected these prohibitions in practice. The
Communications Act, popularly known as the ``Spy Bill,'' which was
passed in November 2009, has not fully been implemented. 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.--Status of Freedom of Speech and
Press.--The constitution provides for freedom of speech and of the
press, and the government generally respected this right. Some
independent and government journalists practiced self censorship.
African Media Barometer reported that the level of free expression also
varies among media, with broadcast media feeling more potentially
threatened and, particularly in the case of government-owned media,
leading to self-censorship.
Freedom of Speech.--Individuals generally could criticize the
government publicly or privately without reprisal.
Freedom of Press.--In its annual Press Freedom Index for 2010,
Reporters Without Borders noted a significant rise in Namibia's ranking
for respect for media freedom. However, NamRights and at least one
newspaper editor reported that some journalists allegedly received
threats or derogatory text messages for criticizing the government or
the ruling SWAPO party. Minister of Youth, National Service, Sport, and
Culture Kazenambo Kazenambo's threats in November against a journalist
for questioning his travel expenses for an official trip to Germany
were widely reported. Public reaction to Kazenambo's outburst was
mixed, with many citizens arguing that the minister's conduct was
inappropriate, while others dismissed the threat as empty. The Media
Institute of Southern Africa issued an alert, condemning the minister's
verbal attack on a journalist. The ruling SWAPO Party, however,
remained publicly silent.
There were five daily national newspapers, four of which were
independent, and six independent weekly newspapers. The government ran
one newspaper and an official 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.
The government owned and operated the Namibian Broadcasting
Corporation (NBC) Radio and Television, which was the most widely
broadcast and influential medium in the country. NBC's television and
nine radio services broadcast in English and indigenous languages.
There were 12 private radio stations and two private television
networks, One Africa TV and Trinity Broadcasting Network (TBN). SWAPO
owned 51 percent of the country's sole cable and satellite television
provider.
In 2009 the Namibian Forum of Editors established--with the
government's support-- the Office of the Media Ombudsman as an
independent investigator and arbiter of complaints against the media.
The Media Ombudsman has been appointed since by local newspaper editors
and has continued to function free of any government interference.
According to the Media Ombudsman, complaints against the press declined
between 2010 and 2011.
On August 30, the cabinet lifted a 10-year ban on government
departments advertising in, or purchasing from, The Namibian daily
newspaper. Former president Sam Nujoma had imposed the ban because of
the newspaper's perceived antigovernment bias. NBC also announced it
would reintroduce call-in programs that were terminated in 2009 because
some callers allegedly were abusing their freedom of speech with
derogatory comments directed at the government.
The Media Institute of Southern Africa (MISA) issued four media
alerts on Namibia during the year, including the above-mentioned alert
regarding the youth minister. The media alerts called attention to
threats against the freedom of speech. The other three alerts included:
The Hambukushu Traditional Authority fined NBC's Rundu-based
reporter Wilfred Nyambe N$2,000 ($247) for allegedly reporting a biased
story about the authority.
A soccer official was accused of allegedly punching a journalist,
when the journalist pressed for an answer on a player's eviction.
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.
Academic Freedom and Cultural Events.--Unlike in the previous year,
there were no reports of government restrictions on academic freedom.
However, all government-owned institutions of higher learning,
including the University of Namibia, Polytechnic of Namibia, and the
Windhoek College of Education, continued to ban the holding of
political events on their campuses. In addition, the original draft of
the Statistics Bill placed government controls on research, statistics
collection, and the dissemination of information. In consultation with
civil society, these restrictions were eased in the final iteration of
the Statistics Act, as passed.
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.
SWAPO supporters continued to disrupt members of the leading
opposition party Rally for Democracy and Progress (RDP) from
campaigning in some towns and villages. In one incident, SWAPO
supporters staged a series of soccer matches at the site of a planned
RDP rally in Omusati Region in November, preventing the RDP from taking
the field.
Freedom of Association.--The constitution and law provide for
freedom of association, and the government generally respected this
right in practice.
c. Freedom of Religion.--See the Department of State's
International Religious Freedom Report at http://state.gov/j/drl/irf/
rpt/.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution and law provide for
freedom of movement, foreign travel, emigration, and repatriation, and
the government generally respected these rights in practice. The
government cooperated with the UNHCR and other humanitarian
organizations in protecting and assisting refugees, returning refugees,
asylum seekers, and other persons of concern, with one exception during
the reporting period. In the final months of the year, UNHCR tried and
failed to prevent the government from ordering the deportation of 13
Somali asylum seekers. The government assessed them to be ``illegal''
migrants, not asylum seekers. The case was ongoing at year's end.
The government continued to limit the freedom of travel of Cuban
doctors working in the country under a Cuban bilateral assistance
program. These doctors generally were not allowed to travel within or
from the country without consent from the Cuban embassy, which held
their passports.
Protection of Refugees.--Access to Asylum.--The country's laws
provide for the granting of asylum or refugee status, and the
government has established a system for providing protection to
refugees.
According to the UNHCR, approximately 7,766 refugees and asylum
seekers resided in Osire Settlement, formerly called the Osire Refugee
Camp, while 1,228 lived outside the settlement. Angolans represented an
estimated 66 percent of the refugee/asylum seeker population, with the
remaining estimated 34 percent coming from the Democratic Republic of
Congo, Burundi, Rwanda, Zimbabwe, Sudan, Cameroon, and other African
countries. The government continued to issue identification cards to
all refugees to facilitate travel outside the settlement. Nevertheless,
some refugees complained they were still prevented from working outside
the settlement. Only six Angolans have opted to repatriate, and a UNHCR
study concluded that all remaining Angolan refugees wish to integrate
locally or be awarded some alternative status.
Refugees enjoy the same protection and benefits of the law as
Namibian citizens do. UNHCR stated it was not aware of any incidents of
reprisal, arrest, or deportations as a result of refugees wanting to
assert their rights or seek recourse under the law. During the summer,
13 Somalis requested asylum in Namibia, but the government issued a
notice to deport them after deciding they were instead ``illegal
migrants.'' By year's end, the Somalis remained in two local jails.
UNHCR had not provided them refugee status but urged the government not
to deport them.
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.
International Refugee Day was commemorated at Osire; the prime minister
and numerous foreign diplomats attended the ceremony.
Temporary Protection.--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.--Recent Elections.--In the
2009 presidential and parliamentary elections, SWAPO candidate
Hifikepunye Pohamba was elected to a second term as president with 76
percent of the vote. SWAPO candidates won 54 of 72 elected National
Assembly seats (there are also six appointed 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. The Supreme
Court finished hearing their arguments in October but had not issued a
decision by year's end.
Political Parties.--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 ethnic
group dominated the majority SWAPO Party. There continued to be reports
that individuals who were not members of SWAPO had difficulty finding
civil service employment or winning government tenders.
Participation of Women and Minorities.--Women held 19 seats in the
78-seat National Assembly, which included 72 elected seats and six
appointed ones. There were seven women in the 26-seat National Council.
There were five female ministers and four female deputy ministers among
the 41 ministerial and deputy ministerial incumbents. There were two
female judges among the 11 permanent judges on the High Court.
Virtually all of the country's ethnic minorities were represented
in parliament and in senior positions in the cabinet, except the San
and Ovahimba. Historic economic and educational disadvantages limited
the participation of the indigenous San and Ovahimba ethnic groups in
politics. Although the ruling SWAPO party was dominated by Ovambos,
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. During the year the Anti-Corruption Commission (ACC)
continued with awareness campaigns and held workshops for government
officials, politicians, civil society organizations, church leaders,
and school children on the dangers of corruption. NAMPOL opened nine
cases of corruption or extortion against members of the police, all
ongoing at year's end. During the year the ACC conducted several
investigations into corruption. Through government institutions like
the ACC, Prosecutor-General's Office, Namibian Police, Auditor-
General's Office, and Office of the Ombudsman, the government took
steps to prosecute or otherwise punish officials who engaged in
corruption. Cases of corruption, abuse of authority, and conflict of
interest still occurred. However, when these bodies investigated cases,
they did so thoroughly.
For example, according to the New Era daily newspaper, on August
16, Melanie Theron, a magistrate in the northern town of Oshakati,
appeared in court for allegedly collecting and pocketing money from
traffic offenders whose fines were overdue. Offenders are supposed to
pay their fines at the cash hall, and not directly to the magistrate.
Theron was released on bail, and her case was ongoing at year's end. In
July 2010 media sources reported that former State House deputy
director Abisai Shaningwa used his new position as Omusati regional
council director of planning to funnel for personal use nearly 1.5
million Namibian dollars ($185,300) to build 27 public toilets in his
region. The ACC conducted an investigation into the possible
involvement of Omusati public officials in the scam, determined the
case to have merit, and forwarded it to the Prosecutor-General's Office
to consider for possible action.
In December 2010 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 (81.67 million) to 21 Namibian companies
through the DCP from the late 1990s until 2002. Many of the loans were
never repaid. A 2006 audit revealed that the loans were fraught with
irregularities, such as incomplete loan applications from politically
connected businessmen, and were awarded shortly before their businesses
failed. Namibian Police were investigating the 97 million Namibian
dollars ($11.98 million) in unpaid loans that occurred before the ACC
was created.
Security force corruption and impunity were problems in the recent
past, but not on a large scale. The ACC reported it had not observed
any impunity in the security forces during the year. Whenever a case of
corruption did arise, the Namibian Defense Force and Namibian Police
chiefs were cooperative and provided their full support to the
investigation.
Members of Parliament were required under their Code of Conduct to
declare their assets. However, the assets register has only been
published twice since independence, in 2003 and 2009. The law outlaws
public officials' conflict of interest and potential abuses of power,
but enforcement mechanisms in the act are weak and internal only. Civil
society organizations charged that the 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 law provides 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. Although government
departments have typically proven hesitant to provide assistance, the
Ombudsman's Office, NamRights, and the ACC reported the Namibian Police
have been cooperative and helpful in corruption and human rights
investigations.
NamRights and LAC, both independent organizations, were the primary
human rights NGOs in the country, and the police regularly met with
both. LAC often assisted police with human rights training, while
NamRights reported allegations of police brutality and abuse of power.
U.N. and Other International Bodies.--The government generally
cooperated with international human rights organizations, and the ICRC
and other international bodies made visits during the year.
Government Human Rights Bodies.--There was an autonomous ombudsman,
with whom the government cooperated; he was considered effective in
addressing some corruption and human rights problems. Between January
and October, the Ombudsman's Office received 166 human rights-related
complaints from the public. These included alleged violations of fair
trial rights, illegal detention, delays in finalizing criminal appeals,
alleged assaults by prison officials, and land-grabbing by surviving
family members following a death.
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 all these
prohibitions.
Women.--Rape and Domestic Violence.--The law defines rape in broad
terms and allows for the prosecution of spousal rape. Numerous cases of
rape were prosecuted during the year, and the government generally
enforced rape penalties, which provide for sentences of between five
and 45 years' imprisonment for convicted rapists. According to police
statistics for 2010, 11,854 cases of gender-based violence were
reported, 3,074 of which involved rape (a 294 percent increase from
2009). The true extent of rape is thought to be higher, and only a
minority of cases were prosecuted or resulted in a conviction.
In 2009 LAC reported more than one-third of rape victims withdrew
their cases, due to compensation from the accused, family pressure,
shame, threats, or the length of time involved in prosecuting a case. 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. LAC
argued additional training and raising awareness was required at all
levels, and across all involved government ministries to better address
child rape cases.
According to a 2008 LAC study, approximately 70 percent of rape
suspects are arrested, but only 18 percent ultimately are convicted in
a court of law. Most cases are tried by traditional authorities, rather
than in government courts. A January article in the Namibian Law
Journal complained that judges are applying ``inconsistent and
problematic'' approaches to sentencing rape perpetrators.
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, ranged from a fine of
300 Namibian dollars ($37) to10 years' imprisonment and a fine for
assault with intent to cause grievous bodily harm. No information was
available on enforcement of the law, except as it involved rape. When
reported, the woman and child protection unit of the Namibian Police
intervened in domestic violence cases.
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 completed renovation of five shelters for
victims of gender-based violence.
Sexual Harassment.--The labor act 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 case has ever been filed.
Sex Tourism.--Neither the government nor civil society keeps
statistics on sex tourism, although there is anecdotal evidence that a
small amount of it exists. However, sexual exploitation, including the
sexual exploitation of children, does exist.
Reproductive Rights.--There were no government restrictions on
contraception, but abortion remained illegal. 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 in 2010 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 healthcare. UNICEF reported that
unsafe abortions account for nearly 20 percent of maternal deaths. 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, a 2008 case against the government, in which doctors at
state hospitals allegedly sterilized 16 women following caesarean
sections, was still awaiting judgment at year's end. 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.
Discrimination.--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 addressing
complaints of 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 was obliged to marry 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 Namibia Law Journal report from January found that the
practice of widow inheritance (levirate) and widower inheritance
(sororate) were still common among the Ovambo, 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.--Birth Registration.--The constitution provides for
citizenship by birth within the country's territory or from one's
parents. According to a 2006-07 survey conducted by the government,
approximately 33 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, anecdotal evidence
suggests teachers in regions bordering Angola, Zambia, Zimbabwe, and
Botswana sometimes refused to teach children who could not prove their
citizenship. Namibian mothers who delayed registration of their
children at birth often faced a difficult process and long delays. If a
child's parents died before registering their child with the
government, and if the child did not obtain the needed death
certificates or other necessary documentation for his or her parents,
the child faced still greater challenges in proving his or her
citizenship and right to access government services.
The Ministry of Home Affairs and Immigration, in partnership with
UNICEF, continued its efforts to provide birth certificates for
newborns at clinics and hospitals throughout the country, including
through mobile registration vans and establishing birth registration
offices at 11 high-volume hospitals.
Education.--Although the constitution provides children under the
age of 16 with the right to compulsory, tuition-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. 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. In 2010 approximately 1,500 girls dropped out of
school due to pregnancy. In June the Ministry of Education hosted a
conference to address the education system's deficiencies and the
cabinet adopted the conference's recommendations in December.
Child Abuse.--Child abuse was a serious problem, and authorities
vigorously prosecuted crimes against children, particularly rape and
incest. According to police records and media reports, in 2010 at least
800 children and juveniles were murdered, raped, or assaulted during
the year. The true incidence of child abuse was thought to greatly
exceed the number of reported cases.
Child Marriage.--The law prohibits marriage before the age of 18;
however, child marriage occurred.
Harmful Traditional Practices.--Female genital mutilation rarely
was 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, including dry sex (the practice of
applying astringents to the vagina before sexual intercourse to enhance
male pleasure) and the stretching of the labia minora.
Sexual Exploitation of Children.--The law criminalizes the actions
of both the client and the pimp in cases of sexual exploitation of
children under 18 years of age, and also criminalizes 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. Possession of, or international trade in child pornography is
also illegal. 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.
NGOs that work with sex workers reported that most child
prostitution occurred without third-party involvement, as a means of
survival among HIV/AIDS orphans and other vulnerable children. Often,
children sold themselves in this way for food, clothing, or other items
or money. The existence of HIV/AIDS orphans--although declining for the
first time--increased the vulnerability of children to sexual abuse and
exploitation.
Infanticide.--During the year, the media reported numerous cases in
which parents, usually young mothers, abandoned and sometimes killed
newborns for whom they felt they were not able to care. For example, in
December a leading newspaper reported that a young mother first tried
to abandon her infant child and then buried it alive. In 2008 staff at
a waterworks facility in Windhoek estimated they discovered an average
of 13 newborn bodies every month amongst the human waste flushed down
toilets. Anecdotal evidence suggests this trend continues. A 2011
public survey conducted by the Government of Namibia, the Legal
Assistance Center, and UNICEF indicated that the main reasons mothers
abandon their babies was that the father denies paternity, the mother
is a student, or the mother does not know about other options, such as
adoption.
Displaced Children.--During the year the government continued
efforts to provide medical care, school fees, social grants, and other
assistance to HIV/AIDS orphans and other vulnerable children.
Anti-Semitism.--There was a very small Jewish community, and no
reports of anti Semitic acts.
Trafficking in Persons.--See the Department of State's Trafficking
in Persons Report at http://state.gov/ j/tip.
Persons With Disabilities.--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.
The Office of the Prime Minister's Disability Advisory Unit was
responsible for overseeing concerns of people with disabilities.
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.
Indigenous People.--Other ethnic groups have historically exploited
the San, the country's earliest known inhabitants. 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. NGOs such as the Working Group of Indigenous Minorities and
Southern Africa, LAC, and NamRights helped San communities assert their
basic human rights during the year.
Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--The Sodomy Act prohibits
consensual same-sex sexual activity between men; however, all same-sex
sexual activity was considered taboo by many citizens.
Politicians publicly stated their opposition to legislation
specifically protecting the rights of lesbian, gay, bisexual, and
transgender (LGBT) persons, but there were no reports that politicians
made derogatory public comments about the LGBT community.
OutRight Namibia, an organization that advocates for LGBT rights,
reported that police generally did not take complaints of violence
against LGBT persons seriously. OutRight Namibia claimed police often
ridiculed LGBT persons when they reported cases of abuse, and this
secondary victimization often dissuaded victims from reporting abuses.
However, the organization reported the Office of the Ombudsman and the
Ministry of Health's Department of Special Programs had strengthened
their relations with the LGBT community, which was included as a focus
for assistance in the National Strategic Framework.
Societal discrimination against the LBGT community continued. For
example, OutRight Namibia reported that in August, a transgender woman
was stoned in the southern town of Keetmanshoop while running errands.
She declined to report the incident to police, since they failed to act
on similar complaints she made in the past.
In another case, in September, a man stabbed a lesbian to death at
a speakeasy in Windhoek's poor outskirts because she was having a
conversation with another woman. Witnesses reported the man complained
that ``men cannot get any women because the lesbians are taking them
all.''
In June the government rejected three U.N. Universal Periodic
Review recommendations on LGBT rights. According to OutRight Namibia,
the government argued that its religious and moral position would be
compromised by discussions of the subject.
Other Societal Violence or Discrimination.--Societal discrimination
against and stigmatization of persons living with HIV/AIDS remained a
problem. However, 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. The trial concerning 16 HIV-positive women who
claimed they were sterilized against their will by doctors performing
their caesarean sections at state hospitals was ongoing at year's end
(see section 6, Women).
In contrast to 2010, there were no reports that persons with
albinism were murdered and that their body parts were missing or
mutilated, factors consistent with ritual killings.
Section 7. Worker Rights
a. Freedom of Association and the Right to Collective Bargaining.--
The law provides for the right to form and join independent unions,
conduct legal strikes, and bargain collectively; however, workers in
``essential services'' were prohibited from joining unions.
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 provides for
arbitration and conciliation to resolve labor disputes more quickly.
The law prohibits unfair dismissal of workers engaged in legal strikes.
Labor law also specifically prohibits employer retaliation against both
union organizers and striking workers and provides for reinstatement
for workers dismissed for union activity, as long as the worker's
actions at the time were not in violation of other laws.
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. The labor code provides for the protection of all workers,
including migrants, nonessential public sector workers, domestic
workers, and those in export processing zones.
The government generally enforced this law, but not always
effectively. The Namibian Employers' Federation reported a shortage of
labor inspectors and other resources constrained the government's
ability to be fully effective in enforcing its laws, particularly in
the area of minimum wages in the security, construction, and
agriculture industries. The Ministry of Labor continued to cite lack of
information and basic negotiation skills as factors hampering workers'
ability to bargain with employers successfully. During the year, the
government continued efforts to train labor inspectors and educate
workers on their rights.
In general, freedom of association and the right to collective
bargaining were respected by the government and employers, and workers
exercised these rights in practice. The majority of trade unions were
officially affiliated with the ruling SWAPO party, which many argued
limited their independence in promoting worker rights. In September
following the prime minister's failed attempt at arbitration, President
Pohamba intervened to resolve a labor dispute and end a lengthy strike
at the country's leading diamond producer, Namdeb. Aside from mediation
efforts, the government was not directly involved in union activities.
Employers also did not appear to interfere in union activities.
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, including poor access to health
care.
Workers called strikes during the year in mining, tourism, and
other sectors.
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. Employers
respected the collective bargaining process, although discussions are
ongoing around legitimizing ``labor hire'' (third party temporary
contracts), and there were some accusations that some companies
resorted to labor hire to avoid fringe benefits. Most labor hire
companies provided such benefits anyway. 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. The government continued to make changes to the law to
regulate private employment agencies.
There were instances of companies failing to reinstate workers who
were fired for legal union activities. In November China Jiangxi
International fired workers who coordinated with a union to demand they
be paid a minimum wage, as stipulated in the Namibian Labor Act.
Ministry of Labor inspectors took part in the inconclusive negotiations
on reinstating workers.
b. Prohibition of Forced or Compulsory Labor.--The law prohibits
all forms of forced or compulsory labor, including by children. There
were no formal reports of forced or compulsory labor, and child labor
was investigated when reported. The Ministry of Labor makes special
provisions in its labor inspections to look for underage workers, and
it has prioritized such special investigations.
Still, NGOs and the media alleged forced labor 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. The alleged victims are usually
women and (often migrant) children.
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. Inspections of family-owned
farms continued to be problematic and controversial, since Namibia's
constitution enshrines privacy as a fundamental right. The Labor Act,
however, makes an exception to the right to privacy in the case of
labor inspectors gaining access to family farms. NGOs complained access
to private farms was one of the leading challenges in addressing child
labor.
Also see the Department of State's Trafficking in Persons Report at
http://state.gov/j/tip
c. Prohibition of Child Labor and Minimum Age for Employment.--The
minimum age for employment is 14, with higher age requirements for
night work and in certain sectors, such as mining and construction.
With certain exceptions, no employee may work more than 45 hours per
week, or more than nine hours per day. Children between the ages of 14
and 16 may not work in hazardous or harmful conditions; between the
hours of 8:00 p.m. and 7:00 a.m.; or where the work is underground or
in a mine, construction or area where demolition takes place, goods are
manufactured, electricity is generated, transformed, or distributed, or
machinery is installed or dismantled.
All the same conditions apply to a child between the ages of 16 and
18, except that of working under hazardous or harmful conditions. The
minimum age was inconsistent with the age for completing education
requirements. The law provides that persons found guilty of employing
children can face a maximum fine of 20,000 Namibian dollars ($2,471)
and/or up to four years' imprisonment.
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
generally used regular labor inspections as well as other monitoring
mechanisms for orphans and other vulnerable children. There were
approximately 40 labor inspectors in 2011, specially targeting smaller
towns and districts. All were trained in identifying the worst forms of
child labor. Small-scale labor inspections continued on a regular
basis, although--contrary to previous years--the Ministry of Labor was
unable to secure the involvement of the ministries of security, home
and immigration, and education in its inspections. This reduced the
inspection teams' ability to immediately open legal cases against
alleged abusers, verify legal immigration status, and secure a seat in
school for child labor victims. No inspector focused exclusively on
children's services, but the Ministry of Labor created a Child Labor
Desk to manage this caseload. There were no prosecutions by year's end.
The government continued several programs designed to help children
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
(ILO), the government also participated in a four-year program to
withdraw and prevent children from entering exploitive labor in
agriculture and adult-coerced criminal activity. The government
continued to distribute a comprehensive guide on the 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.
The ILO reported it was helping draft regulations to combat child labor
in hazardous sectors, which will be presented to the government in
2012. In 2008 the government developed a national action plan on the
elimination of child labor, and five key ministries were developing
work plans that incorporated anti-child labor initiatives. The ILO
further reported that the cabinet issued a directive for joint
interministerial investigations where child labor allegations arise.
However, child labor continued to be a problem. Children worked
mostly on private and commercial farms; herded cattle, goats, and
sheep; 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, long 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, and the
commercial sex industry.
d. Acceptable Conditions of Work.--There was no statutory minimum
wage law, but the mining, construction, security, and agricultural
sectors set basic levels of pay in each of their sectors through
collective bargaining. Namibia's National Planning Commission (NPC)
reported that in 2009-10, Namibians were considered ``poor'' if they
earned Namibian dollars $395.89 ($48.91) per month, and ``severely
poor'' if they earned Namibian dollars $286.84 ($35.44) per month. Per
the NPC, 30 percent of Namibians were poor, and16 percent were
extremely poor.
The standard legal workweek was 45 hours, with at least one 36-
consecutive-hour rest period between workweeks. 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 20 workdays of annual
leave per year for those working a five-day workweek, at least 30
workdays of sick leave over a three-year period, and three months of
maternity leave paid by the employer and the Social Security
Commission.
The Ministry of Labor mandates occupational safety and health
standards, and the Labor Act empowers the president to enforce these
standards through inspections and criminal penalties. 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.
Although these laws apply to all workers, in practice violations
occurred. The Namibian Employers' Federation reported the biggest
offender, with regards to employee rights and working conditions, was
the informal sector, including the common informal bars known as
``shebeens.'' During the year, the Ministry of Labor carried out a
series of inspections in the retail sector of Katima Mulilo, in the
Caprivi region. Most offenders were Chinese owners of retail shops, who
underpaid and overworked their Namibian employees.
The government did not always enforce labor laws effectively.
Inspections occurred proactively, reactively and at random. The
Ministry of Labor established a national task force on safety but
lacked an adequate number of trained inspectors to monitor adherence,
especially in small family-owned operations.
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 were ongoing at year's end. Despite the law, some workers
could not exercise the right to remove themselves from dangerous work
situations. Migrant workers have the same legal rights as citizens, but
these may be less vigorously enforced.
__________
NIGER
executive summary
Niger is a multiparty republic. On March 14, voters elected
opposition leader Issoufou Mahamadou president in a poll characterized
by international observers as generally free and fair. National
Assembly elections held on January 31 were also deemed free and fair.
Issoufou replaced former interim president Salou Djibo, who had been
appointed by the Supreme Council for the Restoration of Democracy
(CSRD) after it overthrew then president Mamadou Tandja in February
2010. On May 10, the Niamey Court of Appeals ordered the release of
Tandja, who had been detained since February 2010. Most former
government officials also detained with Tandja were released during the
year. While civilian authorities generally maintained effective control
of the security forces, there were instances in which elements of the
security forces acted independently of civilian control. In July
members of the military were arrested for an unsuccessful coup attempt,
although details remained unclear at year's end.
The most serious human rights problems in the country included
harsh and life-threatening prison and detention center conditions,
discrimination and violence against women and children, and forced
labor and caste-based slavery among some groups.
Other human rights problems included extrajudicial killings and use
of excessive force by security forces. Attacks by armed groups also
resulted in deaths. Arbitrary arrest and detention, prolonged pretrial
detention, and executive interference in the judiciary occurred. The
government restricted freedoms of press, association, assembly, and
movement, although such incidents dramatically decreased from previous
years. Official corruption was pervasive. Female genital mutilation
(FGM), trafficking in persons, and child labor occurred.
The government generally took steps to prosecute officials who
committed abuses; however, impunity was a problem.
Section 1. Respect for the Integrity of the Person, Including Freedom
from:
a. Arbitrary or Unlawful Deprivation of Life.--The government or
its agents did not commit any politically motivated killings; however,
security forces were responsible for killing two demonstrators and for
the deaths of two civilians during security patrols in the north.
On January 12, security forces killed a civilian near Taddara Well,
in Agadez Region, following a skirmish between government forces and
purported drug traffickers or members of al Qaida in the Islamic
Maghreb (AQIM) that resulted in the death of a soldier. Civilians in
Arlit organized a protest march to condemn the incident, after which
local authorities mediated a settlement with the victim's family.
On September 15, in northern Air, a military detachment in pursuit
of a truck suspected of carrying recruits for AQIM killed the driver of
the truck. Authorities later determined the 59 suspected AQIM recruits
were migrants en route to Algeria. On October 1, local officials
offered the government's condolences and apology to the victim's
family.
On December 6, at the city courthouse in Zinder, police used
batons, whips, and tear gas to disperse demonstrators protesting the
trial of a political activist. Laminou Mai Kanti, a student
demonstrator, was struck in the head with a tear gas canister and died;
numerous other demonstrators were injured, including 13 who were
hospitalized. The officer suspected of firing the tear gas canister was
arrested and placed in custody. On December 7, students and other
demonstrators took to the streets to protest the previous day's
violence. A female bystander was killed by a stray bullet fired by a
police officer. An investigation into both incidents continued at
year's end.
Disputes between herders and farmers over land rights and grazing
areas continued and resulted in several deaths.
During the year armed bandits--most of whom entered the country
from Mali on motorcycles--attacked herder camps in Tillabery Region,
resulting in numerous deaths, injuries, and loss of livestock and other
property. Two persons were killed in such an attack on January 26, in
the village of Kosseye; six herders were killed on April 10, in Igaran;
18 persons were killed on April 21, including women and children, in an
attack in Innabaguel and Tingara; four persons, including two young
children were killed on May 26 in the village of Sounka; 11 persons
were killed on May 28 in northern Tillabery; and 10 herders were killed
on June 17, in Holle Hamani, Tillabery. On June 22, the government
announced a Nigerien-Malian joint security operation to eradicate the
violence and to bring the perpetrators to justice. Nevertheless, no
investigations or prosecutions were conducted during the year into any
of the attacks, and several human rights and community groups
criticized government inaction.
On July 21, in Banibangou, Tillabery, the prime minister chaired a
meeting between Nigerien and Malian officials and community leaders to
find a sustainable solution to the problem. As a result, on July 29,
the Daoussaq Tuareg community of Menaka and Ansongo, Mali, formally
pledged to stop all acts of violence against the Nigerien Fulani
community. On August 2, in Menaka, Mali, the Nigerien and Malian
parties agreed to the accord, and there were no further attacks by
year's end.
On February 8, the Court of Justice of the Economic Community of
West African States (ECOWAS) issued its verdict on the government's
investigation into the army's 2007 killing of six civilians and an off-
duty police officer near Tiguidit. The court ruled that the soldiers
accused of the killings had amnesty under Nigerien law, but that the
government was responsible for the deaths and had violated the right of
victims' families to seek legal recourse. The court set March 10 as the
date by which victims' families, who brought the case, were required to
file civil suit to seek compensation; however, the families decided
against proceeding with such action.
b. Disappearance.--On January 7, in Niamey, French citizens Antoine
de Leocour and Vincent Delory were kidnapped and then taken to northern
Mali. French and Nigerien troops launched two failed operations to
rescue the hostages, who were found dead at the border between Niger
and Mali. Four kidnappers and three members of Niger's security forces
were killed in the operation. AQIM claimed responsibility for the
abductions and for killing Leocour.
On February 25, elements of AQIM believed to be resident in Mali
released three hostages abducted in September 2010 in the mining town
of Arlit. Four French hostages kidnapped at the same time remained in
captivity in Mali; a fifth French hostage was killed in July 2010.
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 and abused civilians (see
section 2.b.).
According to press reports, on May 31, National Guard members in
Aderbissinat, a village south of Agadez, beat and injured several
persons during a brawl between young villagers and National Guardsmen
over a personal dispute. There was no reported action taken against the
Guardsmen.
Prison and Detention Center Conditions.--Conditions in the
country's 38 prisons were harsh and life-threatening. Prisons were
underfunded, understaffed, and overcrowded. The Niamey Civil Prison,
built for 350, held 750 inmates. Nutrition, sanitation, and health
conditions were poor, although prisoners had access to potable water
and were allowed to receive supplemental food, medicine, and other
items from their families. Basic health care was available, and
patients with serious illness were referred to public healthcare
centers. Ventilation and lighting were inadequate. Plans to improve
recordkeeping were not implemented during the year.
The country's prisons held approximately 7,000 inmates, an
estimated 3.2 percent of whom were female. Deaths occurred during the
year from HIV/AIDS, tuberculosis, and malaria, although no statistics
were available. Pretrial detainees were held with convicted prisoners.
There were reports of corruption among prison staff. Prisoners
could bribe officials to leave prison to run personal errands, and some
prisoners bribed officials to serve their sentences in the national
hospital in Niamey.
Prisoners and detainees had reasonable access to visitors. All
penitentiaries had places of worship, and prisoners were permitted
religious observance. Prisons had no ombudsmen, but authorities
permitted prisoners and detainees to submit complaints to judicial
authorities without censorship.
Judicial authorities and the governmental Monitoring Unit 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 ONDHLF visits.
The International Committee of the Red Cross (ICRC), 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 made recommendations to the
government throughout the year on alternatives to incarceration for
nonviolent offenders. The government established a law on the
implementation of ``general interest work'' programs in juvenile
courts.
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 be 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 a 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 arrest warrants, and authorities generally
respected this law in practice; however, some persons reportedly were
arrested and subsequently charged during detention. The law allows
individuals to be detained for an initial period of 48 hours without
charge, and an additional 48 hours if police need more time to gather
evidence, although detainees involved with sensitive cases were
sometimes held longer than legally permitted. Security forces usually
informed detainees promptly of the charges against them. 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
provision. Indigents in civil and criminal cases were usually provided
a lawyer by the government; however, widespread ignorance of the law
and lack of funds prevented many from fully exercising their rights to
bail and an attorney.
Arbitrary Arrest.--Police arrested a journalist, military leaders,
and occasionally conducted warrantless sweeps to detain suspected
criminals (see sections 2.a. and 3).
Police arbitrarily detained a journalist during the year (see
section 2.a.).
On March 4, the CSRD released former minister of interior Albade
Abouba, who was arrested with other key members of Tandja's cabinet in
February 2010. All but Abouba were released during the previous year.
On May 10, the Niamey Court of Appeals ordered the release of
former president Tandja, who had been detained since February 2010. The
court dropped corruption charges against Tandja, although state
prosecutors may review the case and initiate new action if they
determine there is new evidence.
On May 19, the State Court ordered the release of Colonel Abdoulaye
Badie, former CSRD permanent secretary; Colonel Abdou Sidikou Issa,
former commander of the National Guard; Colonel Amadou Diallo, former
minister of equipment; and Colonel Aboubacar Amadou Sanda. The four had
been arrested in October 2010 on charges of planning to overthrow then
president Salou Djibo. The court ruled there were no grounds for
prosecution. Other alleged plotters already had been released between
December 2010 and March. Lengthy pretrial detention was a problem.
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 of the prisoners in
Niamey's Civil Prison were awaiting trial. Judicial inefficiency,
inadequate resources, staff shortages, and corruption contributed to
trial delays.
Amnesty.--On May 18, the National Assembly adopted an amnesty law
that includes a provision to cover the ``authors, coauthors, and
accomplices'' of the February 2010 military seizure of power. The new
law omits amnesty for persons involved in the 1996 and 1999 coups. No
action had been taken on the complaint filed in 2010 by family members
of former president Bare, who sought to bring to justice those
responsible for his killing in 1999.
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
remained problems. Unlike in previous years, however, no judges were
reassigned to lower positions or remote areas because they rendered
decisions 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 (see section
4).
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. 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.
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 and evidence 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. In April 2010 the government disseminated information brochures
throughout the country to advise the public on their legal rights and
the court system.
Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.
On September 4, at the request of the international community,
security forces placed 32 Libyans connected to the Qadhafi regime under
house arrest in Niamey. One was later released for medical reasons and
left the country.
On September 9, the gendarmerie arrested Colonel Abdoulaye Badie,
former CSRD permanent secretary, and Colonel Hamadou Djibo, reportedly
for authoring and disseminating a tract calling on the military to take
up arms against the government. (On May 19, Badie had been released
from prison after being detained in connection with the October 2010
coup attempt against then president Djibo.) Some observers questioned
any involvement by Badie and Djibo in the tract and suggested the men
were more likely arrested for posing a potential threat of a military
coup due to their popularity with the military. On November 10, Badie
and Djibo were released; Badie subsequently was named to a foreign
posting with the government.
Regional Human Rights Court Decisions.--On February 8, the ECOWAS
Court of Justice gave its verdict on the government's investigation
into the army's 2007 killing of six civilians and an off-duty police
officer near Tiguidit (see section 1.a.). The government accepted the
decision.
Civil Judicial Procedures and Remedies.--Individuals or
organizations may seek civil remedies for human rights violations; they
can also appeal decisions to the ECOWAS Court of Justice.
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.--Status of Freedom of Speech and
Press.--The constitution and law provide for freedom of speech and
press, and the government generally respected these rights in practice.
In 2010 the government decriminalized press offenses and replaced
the repressive High Council on Communication with the National
Monitoring Unit for Communication (ONC), which subsequently reopened
media outlets and issued new licenses and license extensions for
several private television and radio stations. The government also
opened a media center to train journalists and created a voluntary
media ethics center to allow journalists to self-regulate the industry
by monitoring broadcasts and publications.
Despite these improvements, the government's control of media
licensing, the requirement that journalists be accredited, and a biased
judiciary remained in place and limited media freedom. During the year
the government also suspended newspapers and detained a journalist.
Journalists continued to practice self-censorship.
Freedom of Speech.--Individuals generally could criticize the
government publicly or privately without reprisal.
Freedom of Press.--The government published a daily newspaper, and
there were approximately 45 private newspapers, some of which were
affiliated loosely with political parties. The private press criticized
government actions.
On September 24, the government issued a public statement
cautioning the media against ``manifest intention to undermine'' the
state. The government called on media managers to be responsible and
patriotic, and to comply with the rules of ethics governing the
practice of journalism. The government took no further action.
Violence and Harassment.--On July 8, the ONC temporarily suspended
eight newspapers for ``unwarranted attacks on citizens by flagrantly
violating the provisions of the charter of professional journalists.''
Most observers agreed that the articles in question contained
exaggerations, but did not constitute libel. Complaints against the
newspapers and journalists reportedly were lodged by various
politicians, businesspersons, a foreign newspaper, and local newspapers
Le Soleil, L'Actualite, Le Visionnaire, Le Courrier, L'Expression, Le
Canard Dechaine, l'Evenement, and l'Enqueteur.
Libel Laws/National Security.--On July 21, police detained Aliou
Oumarou Modibo, journalist for the weekly Le Canard Dechaine, on libel
charges for accusing the press attache of former CSRD president Salou
Djibo of stealing a camera from the president's office. Several media
associations denounced the detention as a violation of the law
decriminalizing press offenses. An investigation later concluded that
the press attache was guilty of stealing the camera.
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 and they often
criticized the government.
Unlike in the previous year, there were no reports that the
government prevented international media from operating freely,
especially when covering events in the North. BBC World Service was
available in Niamey and Zinder. Private radio stations carried Voice of
America, Radio France International, and Deutsche Welle.
Two government-owned television stations broadcast in French and
the major national languages. Three private television stations
broadcast local and foreign programming, including daily newscasts. A
fourth private channel broadcast religious programming. International
channels were available in Niamey.
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 had
access to it.
Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.
b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The constitution and law provide for freedom of assembly;
however, police forcibly dispersed demonstrators. The government
retained authority to prohibit gatherings under tense social conditions
or if organizers did not provide 48-hour advance notice.
For example, on May 19, police beat several students and briefly
detained six others during a protest at a mining school in Agadez. No
reported action was taken against the police.
Police use of excessive force to disperse demonstrators on December
6 and 7 resulted in deaths and injuries (see section 1.a.).
No action was taken against security force members who forcibly
dispersed demonstrators in 2010.
Freedom of Association.--Although the law provides for freedom of
association, political parties based on ethnicity, religion, or region
are not permitted.
Unlike in the previous year, the government did not close civil
society associations; in 2010 three were closed.
c. Freedom of Religion.--See the Department of State's
International Religious Freedom Report at http://state.gov/j/drl/irf/
rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution and law provide for
freedom of movement within the country, foreign travel, emigration, and
repatriation; however, the government restricted freedom of movement
for some former government officials and political leaders.
The government cooperated with the Office of the U.N. High
Commissioner for Refugees and other humanitarian organizations in
providing protection and assistance to internally displaced persons,
refugees, asylum seekers, and other persons of concern.
In-country Movement.--Security forces at checkpoints throughout the
country monitored the movement of persons and goods, particularly near
major population centers, and sometimes demanded bribes. Transportation
unions and civil society groups continued to criticize such practices.
During the year gunmen robbed and killed travelers.
Foreign Travel.--During the year the government banned 32 former
officials, political leaders, and businesspeople suspected of
corruption from leaving the country (see section 4). The action was
taken following the April 7 transfer of corruption cases from the
transition government and pursuant to an audit of corruption in the
previous government.
Emigration and Repatriation.--During the year approximately 210,000
persons--most of whom were Nigerien citizens--fled Libya as a result of
the conflict there and returned to Niger. The government and
humanitarian organizations provided assistance to returnees.
Internally Displaced Persons (IDPs).--Food shortages and floods
during the year resulted in the displacement of many persons.
By October, after the rainy season, all persons displaced by floods
in August 2010 had returned to their homes. Local authorities, with the
help of humanitarian organizations, had resettled approximately 6,000
persons displaced by flooding in Niamey and 11,000 IDPs from Goure,
Zinder, during the previous year.
International humanitarian organizations reported that community
conflict between farmers and herders, and rural communities and
bandits--especially in northern Tillabery Region--resulted in
displacement. Because of the pressures of desertification and
population growth on subsistence farming and livestock herding, the
main activities in this region, competition among farmers and herders
for limited natural resources contributed to conflict. In addition,
incursions by members of AQIM in Mali into Nigerien territory and
sporadic acts of banditry on main roads contributed to displacement.
Efforts by the government and international organizations to assist
IDPs during the year were severely taxed. The government provided 1.25
billion CFA francs ($2.5 million) to help alleviate food shortages
exacerbated by the return of thousands of citizens who fled Libya, and
on October 6, parliament appealed to the international community for
assistance. Some donors, such as the World Food Program, provided
additional food assistance in response to the shortages.
Protection of Refugees.--The government has not established a
system for providing protection to refugees, and the government did not
routinely grant refugee status or asylum. The government did, however,
grant refugee status to approximately 300 people during the year; 147
applications for refugee status were pending.
Temporary Protection.--During the year the government provided
temporary protection to individuals who may not qualify as refugees
under the 1951 Refugee Convention or the 1967 Protocol.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution and law provide citizens the right to change their
government peacefully, and citizens exercised this right in practice
through periodic, free, and fair elections based on universal suffrage.
Elections and Political Participation.--Recent Elections.--On March
14, citizens elected Issoufou Mahamadou to a five-year presidential
term with 58 percent of the vote in an election that international
observers described as generally free and fair. A coalition composed
primarily of opposition parties--including Nigerien Party for Democracy
and Socialism (PNDS), Movement for Democracy in Niger, Social
Democratic Rally, Rally for Democracy and Progress, Nigerien Alliance
for Democracy and Progress, and Union for Democracy and the Republic--
backed Issoufou and won 83 of 113 National Assembly seats in
legislative elections held on January 31. The opposition National
Movement for a Development Society won 26 seats, and the Social
Democratic Convention and the Union of Independent Nigeriens obtained
three seats and one seat, respectively. Issoufou appointed PNDS party
member Brigi Rafini as prime minister.
In November 2010 a new constitution was enacted and provides for
new and strengthened democratic institutions. The new constitution also
provides for the elimination of all forms of discrimination against
women and introduces basic standards of respect for economic and social
rights, such as the right to safe and adequate food and drinking water.
Political Parties.--Political parties operated without restriction
or outside interference. Individuals and political parties could freely
declare candidacies and stand for election. A new law on the statute of
the opposition confers official status and benefits to the opposition
leader equivalent to the rank of state institution leader. The law also
mandates that the president meet with the opposition leader every month
to discuss matters of national interest.
Participation of Women and Minorities.--The law mandates that women
fill at least a quarter of senior government positions and at least a
tenth of elected seats. There were six female ministers in the 26-
member cabinet and six of the country's 20 ambassadors were women.
All major ethnic groups were represented at all levels of
government. There were eight seats in the National Assembly designated
for representatives of ``special constituencies,'' specifically ethnic
minorities and nomadic populations.
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 often demanded bribes to provide public services. A
poorly financed and trained law enforcement system and weak
administrative controls compounded corruption. Other underlying causes
included poverty; low salaries; the politicization of the public
service; the influence of traditional kinship, ethnic, and family ties
on decision making; a culture of impunity; and a lack of civic
education.
In June the government revealed a case of massive fraud involving
1.8 billion CFA ($3.6 million) from the National Treasury that resulted
in the dismissal of several senior officials of the Ministry of
Finance. In connection with this case, on August 9, authorities
detained Alhassane Alkali, the former transition president's deputy
cabinet director; Ibrahim Garba, former secretary general of the
Ministry of Finance; Amadou Ganda Hamidou, budget director; Bassirou
Adamou, financial controller; Abdoullahi Beidou, director general of
the Treasury; Mahamane Lawan Sabo Mazadou, treasury accounting agent;
Sidi Aissa Diallo, head of the Heavily Indebted Poor Countries fund at
the Ministry of Finance; and Abdou Mounkaila and Oumarou Akibi,
employees of Zakou Djibo, a businessman and member of parliament who
received payment the above amount. All but Djibo were transferred to
prison to await trial. Djibo was charged with several fraud and
corruption counts, but has immunity from prosecution while he is a
member of the National Assembly. On December 23, the government
requested the lifting of his immunity, along with seven other members
of parliament suspected of involvement in separate corruption cases.
In April the Court of Appeals granted provisional release to Amadou
Dioffo, director general of Sonidep (fuel importation and distribution
company), who was detained in November 2010 for the mismanagement of a
government special account with a balance of 3.6 billion CFA ($7.2
million). No date had been determined for his trial.
No trial dates were set for the following individuals, all of whom
were detained for corruption in 2010 and granted provisional release
during the year: Hadia Toulaye Tandja, the son of former president
Tandja; manager of Multimedia Communications Ibrahim Hamidou; former
minister of mines Mohamed Abdoulahi; and former secretary general of
the Ministry of Mines Massalabi Oumarou.
There also were no developments in the 2010 embezzlement case of
Seini Oumarou, party leader of the National Movement for a Development
Society; Sala Habi, former minister of commerce; and two other
officials of the Ministry of Commerce.
During the year the government took steps to curb corruption.
For example, on July 26, the government created the High Authority
to Combat Corruption and Associated Crimes, under the oversight of the
President's Office. Members of the High Authority, which is charged
with monitoring the government's anticorruption programs, included
government, private sector, and civil society representatives.
On August 2, the National Assembly passed a bill amending the
constitution to require transparency, equal access and treatment, and
public-private partnership mechanisms in bidding for and implementing
government contracts, in compliance with West African Economic and
Monetary Union guidelines.
On August 13, the government launched an anticorruption hotline as
part of the Ministry of Justice's plan for the fight against corruption
and influence peddling.
The State Inspectorate and the courts are responsible for combating
government corruption. In April 2010 the government created the State
Audit Court to regulate public finances and 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 may 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.
The constitution requires 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, and this occurred in
practice. 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 law provides for access to public information and
administrative documents, and this occurred in practice; many documents
could also be obtained from individual ministries and the National
Archives.
ection 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 there.
The ONDHLF, established in May 2010, investigated and monitored
prison and detention center conditions; however, it lacked resources to
implement an action plan.
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 generally
enforce these provisions, in large part because victims did not report
discrimination or were pressured into handling it with traditional
dispute mechanisms.
Women.--Rape and Domestic Violence.--Rape was a widespread problem.
It is punishable by 10 to 30 years in prison, depending on the
circumstances and age of the victim. The Court of Appeals tried several
criminal rape cases during the year, but most cases went unreported due
to the victims' fear or shame. The law does not explicitly recognize
spousal rape, which was not frequently prosecuted. Survivors often
sought to resolve the issue within the family or were pressured to do
so, and many victims did not report spousal rape due to fear of
retribution or loss of economic support.
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 ($20) 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, further violence,
or stigmatization. The Ministry of Population, Women's Promotion, and
Children's Protection, international organizations, nongovernmental
organizations (NGOs), and women's organizations conducted public
awareness campaigns on violence against women through several events
that received wide media coverage.
Female Genital Mutilation (FGM).--(see section 6, Children--Harmful
Traditional Practices.)
Sexual Harassment.--Sexual harassment is a crime punishable by
prison sentences from three to six months and fines of 10,000 to
100,000 CFA ($20 to $200). 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 ($40 to $400).
Sexual harassment was common. Courts enforced applicable laws in the
small percentage of cases reported.
Reproductive Rights.--The government recognized the basic right of
couples and individuals to decide freely and responsibly the number,
spacing, and timing of their children; however, 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 of Public Health, use of
contraceptives in the female population of childbirth age increased
from 8.5 percent in 2006 to 16.5 percent in 2010.
Men and women received equal access to diagnosis and treatment for
sexually transmitted diseases. 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, many 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 Ministry of Public Health, in 2009
skilled personnel attended 34.8 percent of births, and the maternal
mortality ratio (the ratio of the number of maternal deaths per 100,000
live births) dropped from 648 in 2006 to 554 in 2010. In 2008 a woman's
lifetime risk of maternal death was one in 16. Major factors
influencing maternal mortality included lack of prenatal care, diseases
during pregnancy, infections after birth, malnutrition, and accidents
during childbirth.
Discrimination.--Although the constitution provides for equal
rights regardless of gender, women do not have the same rights as men
under family law, which is usually adjudicated 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. 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.
The government had programs to provide microcredit, access to clean
water, and access to health services for women.
Children.--Birth Registration.--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 parental
poverty, lack of awareness, and distance from government services. With
the support of UNICEF, the government worked to address this problem,
and several NGOs encouraged birth registration. The government's
failure to register births did not result in denial of public services,
although it complicated the process of qualifying as a candidate for
public office.
Education.--In principle, the six years of elementary education
were compulsory, tuition-free, and universal from the age of six; in
practice, not all (63 percent in 2007-08) children attended school.
Students were often required to buy their own books and supplies.
According to the 2012 World Development Report, the primary school
completion rate for girls was 75 percent lower than that for boys in
2008. Most parents kept young girls at home to work, and girls rarely
attended school for more than a few years. During his inauguration
ceremony on April 7, the president announced that the government would
provide free education to children until the age of 16, and that
education through age 16 would be mandatory; however, no laws were
promulgated during the year to enforce the president's pledges.
Child Abuse.--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.
Child Marriage.--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
rural girls 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 Children's Protection
cooperated with women's associations to sensitize traditional chiefs
and religious leaders of rural communities to the problem of underage
marriage.
Harmful Traditional Practices.--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. A 2008 U.N.
Office for the Coordination of Humanitarian Affairs report stated that
circumcisers traveled from Burkina Faso to Niger to carry out FGM on
nomadic 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 continued its collaboration with local NGOs,
community leaders, UNICEF, and other donors to distributed educational
materials at health centers and to participate in educational events.
On February 5, in Niamey, 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
minister handed over to the National Museum a set of tools used by
women who in previous years had publicly pledged to abandon the
practice of FGM. The tools were presented as evidence that FGM
continued and to spur future generations to carry on the fight against
the practice. The minister announced the establishment of 256 FGM
vigilance groups and the production of information, education and
communication aids on FGM. On July 1, as a result of the education
campaign led by ministry and the NGO Committee for the Fight against
Harmful Traditional Practices, several FGM practitioners pledged to
abandon their activities.
Sexual Exploitation of Children.--Although the law criminalizes the
procurement of a minor for the purpose of prostitution, child
prostitution was a problem. The law does not provide a minimum age of
consensual sex, although it 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 girls in particular were trafficked for forced
prostitution along the main East-West highway, particularly between the
cities of Birni n'Konni and Zinder along the Niger-Nigeria border.
Families of victims were often complicit in child prostitution.
Infanticide.--Infanticide occurred, and at least half of the female
prison population was charged with this crime.
Displaced Children.--Many displaced boys from rural areas were
indentured to Islamic schools and begged on the streets of larger
cities. For example, in June about 350 boys left their homes in Tahoua
Region to accompany an Islamic teacher to the city of Agadez, where
they were forced to beg. About half of them were later returned to
their homes through the help of NGOs. Hundreds of children were
displaced by floods in the Maradi and Tillaberi regions that destroyed
homes and schools. Displaced children had access to government services
(see section 2.d.).
International Child Abductions.--The country is not a party to the
1980 Hague Convention on the Civil Aspects of International Child
Abduction.
Anti-Semitism.--There was no significant Jewish community, and
there were no reports of anti-Semitic acts.
Trafficking in Persons.--See the Department of State's Trafficking
in Persons Report at http://state.gov/j/tip.
Persons With Disabilities.--The constitution and law prohibit
discrimination against persons with physical and mental disabilities in
employment, education, and access to health care and other 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 provided 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.
Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--There are no laws
criminalizing consensual same-sex sexual activity in general. However,
the law states that an ``unnatural act'' with a person of the same sex
who is under 21 is punishable by six months to three years in prison
and a fine of between 10,000 and 100,000 CFA ($20-$200). Although there
was no record of this law being applied, gay men and lesbians
experienced societal discrimination. 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.
Other Societal Violence or Discrimination.--Persons with HIV/AIDS
experienced societal discrimination, although 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. Freedom of Association and the Right to Collective Bargaining.--
The constitution and law provide for the right of workers to form and
join independent unions, conduct legal strikes, and bargain
collectively. The constitution and law provide for the right to strike,
except for police and other security forces. The law restricts the
right to strike by public servants, and workers in certain ``essential
services,'' the scope of which term was broader than that originally
envisioned by the ILO convention. Workers need to give employers at
least three days' advance notice. The law allows unions to conduct
their activities without interference. The law prohibits antiunion
discrimination and provides for damages (instead of reinstatement) for
workers dismissed for union activity.
These rights were respected and workers exercised them in practice.
Worker organizations were generally independent of the government and
political parties. However, approximately 80 percent of the workforce
was employed in the nonunionized subsistence agricultural and small
trading sectors. During the year unions exercised the right to bargain
collectively for wages above the legal minimum and for more favorable
working conditions. There were no reports of antiunion activities or
employer interference and no reports of violations related to
collective bargaining during the year.
b. Prohibition of Forced or Compulsory Labor.--Article 4 of the
Labor Code prohibits most forms of forced or compulsory labor. The term
``forced or compulsory labor'' means ``any labor or service required of
a person under the threat of punishment and for which the individual
has not given full consent.'' The law does not specifically prohibit
forced or compulsory labor by children. Per Article 333 of the Labor
Code, violations of Article 4 are subject to fines from CFA 20,000
($40) to 200,000 ($400) and six days' to one month's imprisonment. The
government did not effectively enforce these laws.
Forced labor remained a problem. On September 21, the Ministry of
Labor and Civil Service chaired a ceremony to validate the results of a
study conducted by the government and the ILO that concluded, based on
the 2009 population, that the prevalence of adult forced labor was 1.1
percent of the adult population nationwide (an estimated 60,000
persons) and 2.8 percent of working children nationwide (an estimated
55,000). This percentage was higher in the regions of Tillabery,
Tahoua, and Maradi. A traditional form of caste-based servitude or
bonded labor was still practiced by the Tuareg, Djerma, and Arab ethnic
minorities throughout the country, 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 varied widely, from a 2004 estimate of 8,800 persons to a
2003 estimate of 43,000. Such persons were forced to work without pay
for their masters throughout their lives, primarily herding cattle,
working on farmland, or working as domestic servants. Children became
the property of their masters and could be passed from one owner to
another as gifts or part of a dowry. Girls were forced to start work as
domestic servants at a very young age. Girls could be sexually abused
by men in the household or forced to marry at a young age.
There were reports that some local religious teachers and loosely
organized clandestine networks forced young boys to work as beggars and
manual laborers and young girls to work as involuntary domestic
servants, sometimes with the complicity of their families. Children
were also forced to work in mines.
The government, particularly the Ministry of Interior and the
Ministry of Labor and Civil Service, made efforts to reach out to
administrative heads and religious and traditional chiefs to discourage
forced labor, especially traditional slavery. However, enforcement of
the laws was sporadic. The National Committee to Combat Forced Labor
and Discrimination did not develop an action plan.
Also see the Department of State's Trafficking in Persons Report at
http://state.gov/j/tip.
c. Prohibition of Child Labor and Minimum Age for Employment.--The
Labor Code prohibits the use of child labor; however, the law was
rarely applied to work performed by children in the nonindustrial/
informal sector. The law prohibits the employment of children under the
age of 14, except as authorized by decree. 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. 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.
The government did not effectively enforce child labor laws, in
part due to resource constraints that limited inspectors of the
Ministry of Labor and Civil Service. 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 Education conducted training sessions to help educators
meet the special needs of child laborers. Despite the president's
announcement that he would make schooling compulsory through age 16,
the government did not create legislation to this effect. The
government, however, continued its cooperation with ILO to eliminate
child labor in the mining sector.
The use of child labor was rampant. A study published during the
year by the government and ILO indicated that in 2009, 50.6 percent of
children between the ages of five and 17 years old were engaged in
labor, and 42.1 percent of children in this age group were engaged in
the worst forms of child labor.
Children worked in the agricultural, commercial, handicraft,
mining, 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. The artisanal gold mines at Komabangou, Tillabery Region,
continued to operate using child labor, and artisanal gold mining at
nearby M'Banga expanded. Young boys from neighboring countries were
trafficked into the country to work in mines, in quarries, on farms, as
mechanics, or as welders. Children were also procured for prostitution.
Also see the Department of Labor's Findings on the Worst forms of
Child Labor at http://dol.gov/ilab/programs/ocft/tda.htm.
d. 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. The lowest minimum wage was
28,347 CFA ($57) per month, with an additional 1,000 CFA ($2) added per
child per month. The government used 1,000 CFA ($2) per day as the
poverty income level, and in 2010 the government reported that 59.5
percent of citizens lived below that level.
The formal sector legal workweek was 40 hours with a minimum of one
24-hour rest period; however, the Ministry of Labor and Civil Service
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. The Labor Code establishes occupational
safety and health standards. Workers have the right to remove
themselves from hazardous conditions without fear of losing their jobs.
There are no exceptions from such protections for migrant or foreign
workers.
The Ministry of Labor and Civil Service effectively enforced
minimum wages and workweek laws only in the regulated formal sector.
The ministry 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.
Violations of wage, overtime, and work conditions were reported in
the petroleum and mining sectors, including gold mines, oil wells, and
oil refining. 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. In the
nonunionized, informal sector, despite the law, it was unlikely that
they could exercise this right without jeopardizing their employment.
__________
NIGERIA
executive summary
Nigeria is a federal republic of 36 states and the Federal Capital
Territory (FCT). On April 16, President Goodluck Jonathan of the ruling
People's Democratic Party (PDP), who had assumed the presidency in May
2010 following his predecessor's death, won election to a four-year
term, along with Vice President Mohammed Namadi Sambo, also of the PDP.
International and domestic election observers considered the April
presidential, gubernatorial, and legislative elections to be generally
credible, orderly, and a substantial improvement over the flawed 2007
elections. However, there were reports of fraud and irregularities,
including vote rigging and buying, under-age voting, ballot stuffing,
and political violence. Immediately following the presidential
election, supporters of the opposition Congress for Progressive Change
(CPC) candidate, Muhammadu Buhari, a northern Muslim, challenged the
outcome of the election. Postelection violence in protest of Jonathan's
victory erupted in the north and in the Middle Belt States, directed
towards local grievances and political targets, resulting in loss of
lives, property damage, and restrictions of movement. The April 9
legislative elections produced major changes in the National Assembly,
as only about one-third of the incumbents in both houses were
reelected, and opposition parties gained many seats. While security
forces generally reported to civilian authorities, elements of the
security forces periodically acted independently of civilian control.
The most serious human rights problems during the year were the
abuses committed by the militant sect known as Boko Haram, which was
responsible for killings, bombings, and other attacks throughout the
country, resulting in numerous deaths, injuries, and the widespread
destruction of property; abuses committed by the security services with
impunity, including killings, beatings, arbitrary detention, and
destruction of property; and societal violence, including ethnic,
regional, and religious violence.
Other serious human rights problems included sporadic abridgement
of citizens' right to change their government, due to some election
fraud and other irregularities; politically motivated and extrajudicial
killings by security forces, including summary executions; security
force 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;
infringements on citizens' privacy rights; restrictions on freedom of
speech, press, assembly, religion, and movement; official corruption;
violence and discrimination against women; child abuse; female genital
mutilation (FGM); the killing of children suspected of witchcraft;
child sexual exploitation; ethnic, regional, and religious
discrimination; trafficking in persons for the purpose of prostitution
and forced labor; discrimination against persons with disabilities;
discrimination based on sexual orientation and gender identity;
vigilante killings; forced and bonded labor; and child labor.
Impunity was widespread at all levels of government. The government
brought few persons to justice for abuses and corruption. Police
generally operated with impunity. Authorities did not investigate the
majority of cases of police abuse or punish perpetrators. Authorities
generally did not hold police accountable for the use of excessive or
deadly force or for the deaths of persons in custody.
The militant sect known as Boko Haram perpetrated killings and bomb
attacks throughout the country. The sect continued to mount regular
assaults and bombings in Borno and Bauchi states. The sect claimed
responsibility for the January 1 bombing of the Mogadishu Barracks in
Abuja, the July 16 suicide bombing of the police headquarters in Abuja,
and the August 26 suicide bombing of the U.N. headquarters in Abuja. By
the end of the year, the government and Boko Haram had not engaged in
dialogue.
Killings and kidnappings by militant groups in the Niger Delta
continued, despite then president Yar'Adua's offer of amnesty in
October 2009. However, most militant groups in the Niger Delta accepted
the amnesty, and the level of violence there was lower.
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 arbitrary or unlawful killings.
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 and Borno State,
resulting in numerous deaths and injuries to both alleged criminals and
civilians. According to credible eyewitness accounts, the JTF committed
illegal killings during attempts to apprehend members of the extremist
group Boko Haram (``Western education is anathema,'' in Hausa) in Borno
State and surrounding areas. For example, on July 9 the JTF reportedly
committed illegal killings in response to a Boko Haram bombing in
Maiduguri, Borno State. Local residents, media, and the international
nongovernmental organization (NGO) Amnesty International (AI) reported
that the JTF killed at least 23 and up to 40 persons, destroyed
property, illegally detained residents, and raped women in the vicinity
of the bomb blast.
Credible reports also indicated that other uniformed military
personnel and paramilitary mobile police carried out summary
executions, assaults, and other abuses across the Niger Delta and Borno
State (see section 1.g.). The national police, the 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. 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 remained unpublished.
For example, on September 12, members of the police unit Operation
Famou Tangbei (OFT) raided the home of Freddie Philip Ockiya in
Yenagoa, Bayelsa State. Members of the OFT arrested Ockiya and took him
to the local police station. His family searched for him until
September 21, when his body was discovered at the morgue. The family
filed a suit against members of the police and government in a federal
high court. The inspector general of police disbanded the OFT in late
September, but authorities did not arrest any members of the OFT in
connection with Ockiya's death by year's end.
On October 15, the Special Task Force (STF) allegedly killed Ward
Head Alhaji Ahmadu Ali Kazaure in Jos. The STF attacked the area after
unknown assailants killed one soldier.
The 2010 annual report of the Police Service Commission identified
253 pending disciplinary cases for misconduct by police officers. The
report also said that the commission had received 91 appeals and
petitions during the year.
In April 2010 the Maiduguri High Court found that in 2009 police
detained and subsequently killed Baba Fagu, the father-in-law of then
Boko Haram leader Muhammad Yusuf, following violent clashes between
police and militant members of Boko Haram in four northern states in
2009. The court ordered the federal and state governments to pay 100
million naira ($617,000) as compensation to Fagu's family. The Borno
State government challenged the Maiduguri High Court's decision and
appealed the judgment. At year's end the case remained in the Court of
Appeals in Jos, Plateau State.
In 2009 soldiers arrested Muhammad 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 died while trying to escape. Buji Fai, a former state
government official suspected of funding Boko Haram, also reportedly
died in custody along with Fagu. Later that year, 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. On July 19, five police officers were arraigned in the
federal high court in Abuja for the murder of Yusuf. The court granted
bail to four of the officers, while one remained in custody. The case
continued at year's end.
In 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 were responsible for hundreds
of extrajudicial executions, other unlawful killings, and enforced
disappearances each year. In a country where ``bribes guarantee
safety,'' those who could not afford to pay risked being shot or
tortured to death. Authorities did not investigate the majority of
cases or punish perpetrators. When investigations occurred, 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.''
A panel established by Plateau State to investigate the killings of
approximately 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. The panel's full report, released in April 2010,
linked persons wearing uniforms to impersonate police with many of the
killings; the report did not find definitive evidence of police or
military involvement in extrajudicial killings. By year's end
authorities had neither charged nor punished anyone for the killings.
In February 2010 President Jonathan called for a second investigative
committee following an outbreak of violence earlier in the year. In
September 2010 this body, known as the ``Lar Committee,'' submitted its
recommendations, which included establishment of a truth and
reconciliation committee, ending the indigene-settler dichotomy, and
redesigning the Plateau State capital. Following further violence in
August, President Jonathan announced that the government would work to
harmonize all previous reports on the Jos crisis with the intention of
publishing a white paper on the crisis. In addition the Plateau State
Assembly called for the establishment of a truth and reconciliation
committee, as recommended in the Lar Committee report. However, the
committee's recommendations had yet to be implemented, and neither the
federal nor the Plateau State government set up truth and
reconciliation committees by year's end.
Police use of excessive force, including live ammunition, to
disperse demonstrators resulted in numerous killings during the year.
For example, on February 11, Ekiti police reportedly shot and killed
five persons protesting the announcement of the relocation of a federal
university to Oye-Ekiti that the state governor previously had promised
would be located in the Ado-Ekiti community. Authorities had neither
charged nor punished anyone for the killings by year's end.
Police used gunfire to control or disperse political rallies,
resulting in numerous deaths and injuries. For example, on February 12,
police attempting to control the flow of participants at a PDP rally in
a Port Harcourt stadium fired into the air. The gunfire prompted a
stampede resulting in the death of 20 persons. Authorities had neither
charged nor punished anyone for the incident by year's end.
In 2010 AI released the report Port Harcourt Demolitions: Excessive
Use of Force Against Demonstrators, which documented an attack in 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 the JTF shot and seriously injured at least 12 persons, and
witnesses claimed that they saw six bodies in a police vehicle.
Authorities had neither charged nor punished anyone for the killings by
year's end.
Violence and lethal force at unauthorized police and military
roadblocks and checkpoints continued, despite numerous announcements by
the police inspector general that independent police roadblocks would
be eliminated and offenders punished. According to AI's 2009 report,
police often stopped commercial drivers and asked them to pay bribes,
the amount of which depended on the weight of the vehicle. Police shot
drivers when they refused to pay, when a disagreement occurred over the
price, or when it remained unclear whether they had paid. These police
practices continued during the year.
On August 14, police in Anambra State reportedly shot five persons
at a roadblock after they would not pay a bribe of 20 naira ($0.13).
One of the passengers reportedly died at the scene, while the other
four were rushed to a hospital, where they were pronounced dead.
Eyewitnesses stated that the driver claimed to already have paid 20
naira but could not produce a receipt that the policeman demanded. When
the driver attempted to leave, the police opened fire. A police
representative confirmed that one person was killed and three were
rushed to the hospital. There were no developments in the case by
year's end.
For example, on October 16, police reportedly shot and killed
Victor Emmanuel in Bayesla State after he criticized the police for
extorting money from passing motorists on the road from his church. On
October 28, police officials announced that the accused officers
received an ``orderly room trial'' that could lead to dismissal or
prosecution; however, the case remained pending at year's end.
Police sometimes shot bystanders by mistake. For example, on
September 10, four federal police officers guarding a funeral
procession in Akoko, Delta State, opened fire on mourners after
drinking heavily, killing at least three persons. A police spokesman
confirmed the incident but offered no explanation for the actions of
the officers. The police force dismissed the four officers, and at
year's end the four officers remained in custody awaiting the filing of
criminal charges.
Police and military personnel used excessive and sometimes deadly
force to quell civil unrest and interethnic violence, and to deal with
property vandalism. For example, on June 12, antiriot police reportedly
shot protesters in Ogoni, Rivers State. After villagers gathered to
protest excessive use of force by police during an earlier protest over
the construction of a military base in a nearby village, police
attempted to arrest the protesters. Police reportedly opened fire,
killing three persons. The Rivers State government reportedly
investigated, but there were no developments in the case by year's end.
On October 20, police shot and killed a girl and injured her two
sisters while they were working in the fields of their family's farm in
Ekiti State. Local residents angered by the shooting protested outside
the police station. When they would not disperse, police opened fire,
injuring at least six individuals. On October 24, Ekiti State Governor
Kayode Fayemi criticized the killing and called for an immediate
investigation. An investigation remained pending at year's end.
Boko Haram increased its attacks on police and security forces,
banks, bars and restaurants, religious sites, and government buildings
in the north and the FCT. Shootings and bombings in Maiduguri, Borno
State, occurred on a weekly--and sometimes daily--basis throughout the
year, and violence spread to neighboring Yobe, Bauchi, and Adamawa
states by year's end. Targeted attacks on key institutions and
buildings in the capital of Abuja contributed to an increase in the
overall level of violence (see section 1.g.).
b. Disappearance.--Continuing abductions of civilians by militant
and criminal groups occurred in the Niger Delta, particularly in Port
Harcourt (see section 1.g.).
Other parts of the country also experienced a significant increase
in abductions, some of which may have been politically motivated.
On March 17, kidnappers abducted the 97-year-old mother of the PDP
candidate for Delta Central senatorial district, Chief Ighoyota Amori.
The kidnappers demanded that Amori either drop his bid for senate or
pay 100 million naira ($617,000). On March 22, the Anti-Kidnapping Task
Force of the Delta Waterways Security Committee freed Amori's mother.
Whether Chief Amori paid the ransom was not known.
On October 11-13, approximately 2,000 members of the country's two
main national oil unions conducted a strike due to their concern about
increased kidnappings in the oil-producing south.
Earlier kidnappings involved international oil workers and
perceived high-value targets; however, in recent years kidnappings
evolved to include members of the middle class and family members of
celebrities and politicians. The primary motivation for these
kidnappings was economic (see section 6, Other Societal Violence or
Discrimination).
In recent years Akwa Ibom, Abia, Anambra, Imo, and Rivers states
passed strict antikidnapping laws that prescribed long prison
sentences, and sometimes the death penalty, for those found guilty of
kidnapping. However, these laws resulted in few convictions. On March
16, Minister of Police Affairs Humphrey Abah announced new measures to
address the increasing number of abductions, including community
policing, increased training of officers in handling kidnappings,
provision of equipment to police, and deployment of specially trained
officers to areas prone to kidnappings. However, the police had
operated no known antikidnapping or abduction programs by year's end.
Some kidnappings had links with terrorism. In May gunmen abducted a
British and an Italian citizen working with an Italian construction
company in Birnin Kebbi, Kebbi State. On August 4, a video appeared
online in which the two engineers appeared bound and blindfolded with
armed men who claimed to be affiliated with al-Qaida. The two men
remained missing at year's end.
On August 12, kidnappers abducted the father of Nigerian
international soccer player John Mikel Obi's in Jos. On August 23,
police in Kano rescued him and arrested seven kidnappers, including two
soldiers. Authorities charged the seven kidnappers with kidnapping,
conspiracy, and terrorism.
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 service 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's use of excessive force during raids on militant groups and
criminal suspects in the Niger Delta and Borno State resulted in
deaths, injuries, mass rape, displacement of civilians, and other
abuses (see section 1.g.).
During the year the Network on Police Reform in Nigeria (NOPRIN)
released a 486-page report, Through the Lens of the Media: A Report on
Public Perception of the Nigeria Police 2010/2011. The report provided
details on police extrajudicial killings, police brutality and torture,
excessive use of force, rape, sexual violence, corruption, extortion
and bribe taking, collusion with criminals, and other acts of
misconduct during the period of January 2010 to September 2011. The
report also detailed the funding of the police force and their
unacceptably high casualty rate during the period.
In May 2010 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.''
Police commonly used a technique called ``parading'' of arrestees.
Parading involved literally walking the persons through public spaces,
subjecting them to public ridicule and abuse. Bystanders often hurled
taunts, food, and objects. Police defended this practice with the
argument that public humiliation helped deter crime. For example, on
September 23, the Plateau State government paraded 21 robbery suspects
in various locations throughout the state.
On August 1, the federal high court in Calabar ordered the police
to pay 20 million naira ($123,000) in damages to Ottoh Obono, whom
police had paraded in front of journalists in 2009 before arraigning
him for alleged involvement in armed robbery. The court determined that
such a form of punishment violated Obono's constitutional rights.
Citing the NGO Social Justice and Advocacy Initiative, a 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 were prosecuted by the police ``based on confessions obtained
under circumstances of torture.''
Police and military use of excessive force in response to violent
attacks by Boko Haram resulted in numerous deaths and injuries (see
sections 1.a. and 1.g.).
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. In May 2010 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.'' This
report on corruption within the country's police force 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 2010 Human Rights Watch (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.
In early October a police officer raped homicide suspect Hafsat
Manye while in detention in Ganjuwa, Borno State. The police command
informed the Legal Aid Council that after conducting an investigation,
authorities dismissed the officer, who was expected to face charges in
court.
AI reported in 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.
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. For example,
on September 8, an Islamic court in Zamfara ordered the amputation of
the right hands of two suspects found guilty of stealing a bull worth
130,000 naira ($800). The suspects appealed the case. Appeals often
took months or years to decide.
Ethnic or communal clashes resulted in deaths and injuries during
the year (see section 6).
Prison and Detention Center Conditions.--Prison and detention
center conditions remained harsh and life threatening. Most of the
country's 234 prisons, built 70 to 80 years earlier, lacked basic
facilities. The system included 11 maximum security prisons, 80
satellite prisons, 10 farm centers, eight zonal offices, and six
directorates, all of which held prisoners and detainees.
The Nigerian Prison Service released statistics at the end of May
showing that the country's prisons held 48,124 inmates. In May
Comptroller General of Prisons Olusola Ogundipe announced that the
prisons held an additional 1,000 persons for alleged involvement in
April postelection violence, most of whom subsequently gained their
release. Individual prisons held as much as 500 percent of their
designed capacity. For example, the Owerri Federal Prison had a
capacity of 548 prisoners but held more than 1,635. Ogwuashi-Uku prison
in Delta State, with a capacity of 64 prisoners, housed 358, while Port
Harcourt prison, with a capacity of 804 prisoners, held 2,594. Of the
inmate population, approximately 2 percent were female and 1 percent
juveniles.
Lack of potable water, inadequate sewage facilities, and severe
overcrowding resulted in dangerous and unsanitary conditions. Disease
remained pervasive in cramped, poorly ventilated prison facilities,
which had chronic shortages of medical supplies. Inadequate medical
treatment caused many prisoners to die from treatable illnesses. Prison
illnesses included HIV/AIDS, malaria, and tuberculosis. Inmates with
these illnesses lived with the regular population. Although authorities
attempted to isolate persons with communicable diseases, the facilities
often lacked the space to do so. Prison authorities claimed that the
death rate in prisons was 89 out of 1,500 prisoners per year; however,
no reliable independent statistics existed on the number of prison
deaths.
Only those prisoners 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.
Prisoners with mental disabilities remained incarcerated with the
general prison population. Individual prisons made efforts to provide
mental health facilities, but most prisons did not provide mental
health care.
The federal government operated all the country's prisons but
maintained few pretrial jail facilities. Of the total prison
population, 70 percent were pretrial detainees.
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, minors
lived in the country's prisons, many of whom were born there. A report
by the African Union on the rights and welfare of the Nigerian child
found that an estimated 6,000 children lived in prison and detention
centers. Despite a government order to identify and release such
children and their mothers, authorities had not solved the problem by
year's end.
Authorities held political prisoners 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, as in
many cases inmates lacked transportation to attend a court hearing. No
effective system existed for monitoring prisons for inhumane
conditions. All prisons suffered from poor facilities, overcrowding,
and lack of resources.
There were no regular outside monitors of the prisons, and no
statistics on the mistreatment of prisoners or availability of food or
medical care.
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 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.
The government did not make widespread improvements to prisons
during the year, but individual prison administrations attempted to
collect donations to benefit the inmates. For example, benefactors
contributed facilities to help alleviate overpopulated prisons. In
October the Amazing Grace Pentecostal Church donated a multipurpose
hall to the Kirikiri Female Prison in Apapa, Lagos.
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 sweeps for militants, and security
forces made arbitrary arrests during the national elections.
Role of the Police and Security Apparatus.--The National Police
Force (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.
For example, in September President Jonathan ordered the deployment of
1,300 soldiers to Plateau State after local police could not contain an
outbreak of ethnoreligious violence in Jos.
The NPF, SSS, and military reported to civilian authorities;
however, these security services periodically acted outside of civilian
control. The government lacked effective mechanisms to investigate and
punish abuse and corruption. The NPF remained susceptible to
corruption, 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. In
some cases private citizens or the government brought charges against
perpetrators of human rights abuses in these units. However, most cases
lingered in court and went unresolved after the initial investigation.
According to AI's 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 individuals without first
obtaining warrants, 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, transport the accused to a police station for
processing within a reasonable time, and allow suspects to engage
counsel and post bail.
Arbitrary Arrest.--Police routinely detained suspects without
informing them of the charges or allowing access to counsel and family
members. Provision of bail often remained arbitrary or subject to
extrajudicial influence. Judges often set conditions of bail too
stringent to be met. In many areas with no functioning bail system,
suspects remained incarcerated indefinitely in investigative detention
within the prison system. Authorities kept detainees 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.
Police held persons who happened to be in the vicinity of a crime
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 postelection violence in April and May, authorities
arrested hundreds of persons across the country, many of them based on
little or no evidence of involvement in violence (see section 1.a.).
Most individuals gained their release within a few weeks; however, an
unknown number of persons remained incarcerated without bail or charges
at year's end.
On October 19, the federal high court in Jos, Plateau State,
discharged six suspects arrested on conspiracy and terrorism charges
during the January 2010 violence in Jos. Security forces detained
journalists and demonstrators during the year (see sections 2.a. and
2.b.).
Economic and Financial Crimes Commission (EFCC) officials
reportedly singled out political opponents of the governing party in
their arrest and detention of state, local, and federal government
officials on corruption charges during the year (see section 4).
The rape of women in detention by police remained a problem (see
section 1.c.).
On September 29, police in Ebonyi arrested 100 members of the
Movement for the Actualization of the Sovereign State of Biafra for
holding a peaceful meeting and wearing clothing and pins with a Biafran
insignia. Police announced that they detained the group out of fear of
a breach of the peace. Police released the members soon thereafter.
Pretrial Detention.--Lengthy pretrial detention remained a serious
problem, and human rights groups reported that detainees awaiting trial
constituted 70 percent of the prison population, with some awaiting
trial more than 10 years. At year's end 33,692 pretrial detainees
resided in the country's prisons, in a total of 48,124 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
lacked access to trials because police had insufficient vehicles to
transport them to court on their trial dates.
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 sentences they
would have received if found guilty. Although detainees had the right
to submit complaints to the NHRC, the commission had yet to act on a
complaint (see section 5). 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.
On September 22, the press reported that Attorney General and
Minister of Justice Mohammed Adoke gave the Prison Decongestion
Committee, established in July, 90 days to free inmates who should not
have been incarcerated. The nine-member committee headed by the
permanent secretary in the ministry, Alhaji Abdullahi Yola, toured
prisons in all 36 states as part of the process. By year's end there
was no word of the release of any inmates.
Amnesty.--In October the governors of Borno and Anambra states
freed 42 and nine prisoners, respectively, in celebration of
Independence Day. The governor of Borno State said that he granted
amnesty to those who suffered from acute illness or old age.
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 and legislative branches and
the business sector. 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.
On August 18, the National Judicial Council (NJC) suspended the
president of the Court of Appeal, Justice Ayo Isa Salami, after he
refused the NJC's directive to apologize to the NJC and the chief
justice of Nigeria, Justice Aloysius Katsina-Alu. Salami had accused
Katsina-Alu of interfering in the proceedings of the 2007 Sokoto State
gubernatorial court case. In an attempt to settle the dispute, the NJC
set up three panels to investigate the disagreement. The panels
declared neither justice was at fault, declared the issue resolved, and
requested that Salami apologize to the NJC and Katsina-Alu. The
Nigerian Bar Association reached contrary findings, and Salami refused
to apologize. After the NJC suspended Salami, President Jonathan used
his constitutional authority to recommend the compulsory retirement of
Salami and appointed Justice Dalhatu Adamu as acting president of the
Court of Appeals. The case raised questions regarding the partisan
nature and level of independence within the judiciary. Salami appealed
the ruling, and the court case continued at year's end.
The Ministry of Justice implemented strict requirements for the
education and the length of service for judges at the federal and state
level; however, no requirements or monitoring bodies existed 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
northern states and the FCT. The constitution also provides that the
government establish a federal sharia court of appeal and a final court
of appeal, but authorities had not done so 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 operated throughout the north for centuries, in 2000 sharia
courts received authority 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.
For example, on October 10, an Abuja magistrate court ordered a
punishment of 12 strokes of a cane to a man found guilty of stealing a
cow.
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, authorities did not always
respect these rights. Although an accused person is entitled to counsel
of his choice, no law prevents 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.
No legal provisions in common law barred women or other groups from
testifying in civil or criminal proceedings or gave 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
represented permissible evidence in some sharia courts. By contrast men
could be convicted only 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,
because it remained significantly easier, faster, and cheaper to get an
audience in a sharia court than in a common-law court.
There was a lack of due process in numerous trials. For example, in
2009, the army convicted 27 enlisted soldiers who had served as U.N.
peacekeepers of mutiny and sentenced them to life in prison; the
soldiers had protested after officers had stolen their stipends 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 them or forced them
to retire; however, none received a prison sentence. In September 2010
the defense attorney appealed to the new army chief of staff to review
these sentences. There were no developments in the case by year's end.
A Lagos court continued aspects of the case of Major Hamza Al-
Mustapha, who had been held since 1998. Authorities arrested him on
treason charges for, among other allegations, the assassination
attempts on former president Olusegun Obasanjo and other prominent
prodemocracy activists. In December 2010 the judge discharged Al-
Mustapha and acquitted him of these charges, stating that the
prosecution had not made its case. However, the court continued to
pursue charges against him for his alleged role in the killing of
Alhaja Kudirat Abiola, wife of former president-elect Chief Moshood
Kashimawo Olawale Abiola. During the examination by the prosecution,
Al-Mustapha claimed his confession of involvement in the death of
Kudirat Abiola occurred under duress and therefore remained
inadmissible as evidence. The judge rejected the motion of the defense,
and the court case continued at year's end.
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. The executive,
the legislature, and business interests, however, 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.
Between January and June, activities leading to evictions and
displacements of persons across the country were less frequent due to
the April general elections. Politicians in states such as Lagos and
Rivers avoided development projects that required demolition of homes
due to fear of becoming unpopular with the electorate.
In Abuja the Federal Capital Development Authority continued to
threaten eviction of residents in communities not deemed in compliance
with the Abuja city plan. The FCT government typically claimed that
demolished homes, businesses, or churches lacked proper permits, even
if owners were able to produce paperwork indicating that the structures
were built legally. No transparent legal process existed for deciding
which homes would be demolished, and persons who lost homes lacked
recourse to appeal and received no compensation. Many observers viewed
the demolitions as motivated primarily by corruption and discrimination
based on socioeconomic class, since mostly lower- and middle-class
persons lost their homes and property. Once vacated, authorities sold
these properties to wealthy persons with connections to government
officials.
The government threatened to evict residents of 23 communities in
the Ketti and Kabusa districts of Abuja, which housed almost 50,000
persons. AI reported that on June 25 and 27, the Task Force on
Environmental Sanitation, accompanied by soldiers and police, set fire
to buildings in the Apo district of Abuja. Police reportedly shot in
the air and arrested persons trying to flee the area, resulting in the
reported death of three persons and the forced eviction of an estimated
100 others.
In 2010 authorities in Port Harcourt forcibly displaced residents
on the waterfront in an area slated for redevelopment, an action that
left thousands of residents homeless. Demolitions in Port Harcourt
lessened during the year due to sustained civil society intervention
and public debate. However, the government often paid compensation only
to landlords, who did not reside in these communities, leaving the
tenants homeless and without compensation. The 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
2010, when 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
for by investors. Residents protested evictions without adequate
planning for replacement housing for the poor.
g. Use of Excessive Force and Other Abuses in Internal Conflicts.--
Niger Delta.--The Niger Delta region is home to a large oil industry
that produced approximately 2.6 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. 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 for former militants in
Obubra, Cross River State, and by September 24, 20,192 former militants
had completed training in nonviolence. Many militants expressed
interest in vocational training and received stipends during
rehabilitation. By year's end 5,280 former militants were undergoing
vocational training, with 1,538 attending courses abroad. The amnesty
program resulted in a decline in militant violence in the region. Some
observers expressed concern, however, that the militants used amnesty
payments to purchase more arms.
The government's amnesty program reduced the level of conflict for
much of the year. Disagreements arose between former militants and the
government concerning who qualified for the amnesty program, the amount
of cash payments, the availability of vocational training, and
continued possession of arms by former militants.
Criminal gangs, called ``cults'' in some parts of the region, 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
aid election rigging. Kidnappings committed primarily for ransom
increased throughout the country, including in the north (see section
6, Other Societal Violence or Discrimination). In recent years power
struggles between gangs resulted in extensive property damage and
hundreds of deaths, including of civilian bystanders.
Killings.--Niger Delta.--From May 11-18, members of the JTF and
Niger Delta militants led by John Ipoko (aka John Togo) waged a series
of battles at Obubu creek, in Delta State. Media reported that the JTF
sustained numerous casualties, and Togo may have died of a fatal
gunshot wound after the battle. On May 18, the JTF shot and killed one
of two militants thought to be accomplices of Togo during a pursuit.
Boko Haram.--The JTF and STF committed numerous killings during the
year but conducted no investigations.
The JTF was linked to numerous killings in Maiduguri Borno State
after attacks by Boko Haram. On July 14, in one of the largest such
incidents, the JTF allegedly killed 20 to 40 persons following a Boko
Haram bombing.
Boko Haram committed drive-by shootings and bombings; targeted
killings of security personnel, religious leaders, and political
figures; coordinated attacks on police stations and banks; and
conducted suicide bombings during the year, which resulted in the death
of hundreds of persons.
For example, on June 16, a car bomb that detonated in the parking
lot of the National Police Force Headquarters killed at least three
persons and destroyed or damaged at least 50 vehicles. Boko Haram
claimed responsibility.
On August 26, a suicide bomber attacked the U.N. House compound in
Abuja, killing 24 persons and injuring more than 120 others, primarily
Nigerian citizens. Boko Haram claimed responsibility.
On November 4, Boko Haram launched a series of bomb attacks and
coordinated assaults in Damaturu and Potiskum, Yobe State, and
Maiduguri, Borno State. The bombs and subsequent gun battles with
security forces resulted in the death of 100 to 200 police officers,
Boko Haram fighters, and bystanders, as well as the destruction of the
Yobe police headquarters and six churches.
On December 25, a car bomb that detonated at the St. Theresa
Catholic Church in Madella, outside of Abuja, killed at least 37
persons and wounded another 50 to 60. Boko Haram claimed
responsibility.
Abductions.--Niger Delta.--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. Criminals
abducted foreign oil company contractors for ransom, including the
capture of five foreign workers from an offshore oil rig on October 24.
While militant groups used kidnappings 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. 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.
Other Conflict-related Abuses.--Niger Delta.--In August the U.N.
Environmental Program released a report that found that damage from oil
industries in Ogoniland amounted to $1 billion and would take 25 to 30
years to clean up.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--Status of Freedom of Speech and
Press.--Although the constitution and law provide for freedom of
speech, including for members of the press, the government sometimes
restricted these rights in practice. Security forces beat, detained,
and harassed journalists, sometimes for reporting on sensitive issues
such as elections and political corruption. 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 intimidation by security forces.
Freedom of Speech.--The constitution entitles every individual to
``freedom of expression, including freedom to hold opinions and to
receive and impart ideas and information without interference.''
Federal and state governments generally respected this right; however,
there were reported cases in which the government abridged the right to
speech and expression.
For example, on November 22, a Bauchi State chief magistrate court
sentenced Mukhtar Abdu and Quwalu Mohammed to three years in prison or
payment of a 10,000 naira fine ($62) for the composition of an abusive
song about the secretary to the Bauchi State government. The two men
had 30 days to appeal the case. The case continued at year's end.
Freedom of Press.--On May 2, Freedom House released its annual
survey of media independence, Freedom of the Press 2011, which
described the press in Nigeria as ``partly free.'' Nonetheless, a large
and vibrant private domestic press frequently criticized the
government. There were more than 100 national and local publications,
including 15 privately owned major daily newspapers; one national,
government-owned daily newspaper; six weekly newsmagazines; and several
sensationalist evening newspapers and tabloid publications. State and
local governments also owned daily or weekly newspapers, which tended
to be poorly produced, had limited circulation, and required large
state subsidies. There were 25 independently owned, private radio
stations. The government owned one radio network with 43 stations.
There were 15 independently owned private television stations and four
privately owned direct-to-home satellite network stations. The
government owned one television network, the Nigerian Television
Authority, with 48 affiliate stations. Because newspapers and
television were relatively expensive and literacy levels low, radio
remained the most important medium of mass communication and
information.
Violence and Harassment.--Security forces beat, detained, and
harassed journalists. On numerous occasions security forces and police
arrested and detained journalists who criticized the government. At
times reporting on issues such as elections and political corruption
proved to be particularly sensitive.
For example, on March 10, the SSS arrested and detained for three
days three journalists in Plateau State. The SSS accused the
journalists of distributing leaflets criticizing Plateau State Governor
Jang.
On July 2, the SSS detained former FCT minister Nasir El-Rufai at
the Abuja airport. El-Rufai had published an opinion article that cited
and criticized budget figures for the government's spending on security
services.
On October 11, police arrested four senior editors of The Nation
newspaper on charges of forgery. The editors of the The Nation had
included in an October 4 cover story a copy of a letter purportedly
from former president Obasanjo to President Jonathan recommending the
firing of certain officials. When police did not locate the editors
they sought to arrest, they arrested four other editors ``by proxy.''
Police released the editors during the following two days after
pressure from the media, politicians, and civil society groups. The
House of Representatives Committee on Justice filed a report demanding
that the police and the Jonathan administration explain the reason
behind the arrest of the journalists and issue apologies to the
employees of The Nation. The federal government and former inspector
general of police Ringim did not provide an apology by year's end.
Politicians and political parties harassed and attacked journalists
perceived as reporting in a negative manner. During local and national
elections, journalists were intimidated or attacked for covering
election events.
For example, on April 5, prior to national assembly elections,
unknown assailants attacked Daily Trust correspondent Joseph Hir
outside his home in Lafia, Nasarawa State. Hir previously had written
an article criticizing politicians.
On April 9, during national assembly elections, PDP officials beat
African Independent Television cameraman Tamunoemi Kingdom and another
crew member in Ozoro, Delta State. The officials had attempted to stop
the crew from filming the harassment of a man entering a polling
station.
Election officials also participated in attacks on journalists. For
example, on March 22, state electoral commissioner Rufus Akeju
allegedly attacked Leadership correspondent Sefiu Ayanbimpe in Oshogbo,
Osun State. Ayanbimpe had investigated charges by the opposition
Conference of Nigerian Political Parties that Akeju received payments
from the state government. Akeju invited Ayanbimpe to his office in
Oshogbo to discuss the allegations. When Ayanbimpe arrived, Akeju beat
him before handing him over to the SSS, which briefly detained him.
Journalists received death threats during the year. For example, in
July University of Uyo professor Des Wilson went into hiding after
persons connected to Akwa Ibom State Governor Godswill Akpabio
threatened his life. Wilson served as an officer of the Independent
National Electoral Commission (INEC) for Ikot-Ekpene Federal
Constituency during the presidential election and submitted a report
detailing massive irregularity and fraud connected to Governor
Akpabio's administration.
Journalists also were at risk of abduction. There were no
developments in the January 2010 case in which armed police abducted
Internet journalist Ikenna Samuelson Iwuoha from his home, on the
orders of Governor Ikedi Ohakim of Imo State. Iwuoha filed a lawsuit
against Ohakim for his beating and mistreatment while in custody.
Censorship or Content Restrictions.--Journalists practiced self-
censorship. Local NGOs claimed that security forces intimidated
newspaper editors and owners, which led them to censor some reports of
killings and other human rights abuses.
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 National Broadcasting
Commission (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.
The government controlled much of the electronic media through the
NBC, which was responsible for monitoring and deregulating broadcast
media.
Radio stations remained susceptible to political censorship and
attacks by political groups. For example, on January 19, Oyo State
Governor Alao Akala (PDP) banned the state-owned Broadcasting
Corporation of Oyo State from giving broadcast time to opposition
parties.
On January 20, the Nigerian Union of Journalists claimed that the
opposition CPC paid persons to attack the offices of two progovernment
radio stations, Bauchi Radio Corporation and FRCN Globe FM.
Libel Laws/National Security.--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.
Nongovernmental Impact.--Boko Haram threatened media outlets and
killed members of the press. During the year the group threatened to
kill journalists who failed to report what Boko Haram believed to be
authentic stories about the group. On October 23, suspected Boko Haram
gunmen shot and killed Zakariya Isa, a cameraman for the Nigerian
Television Authority, at his residence in Maiduguri, Borno State. Boko
Haram took credit for the killing, stating that it was retribution for
Isa spying for the secret police and JTF; Boko Haram did not say he was
killed for being a journalist.
Mob violence occasionally inhibited freedom of expression. For
example, in January a crowd of armed persons arrived in Makurdi, Benue
State, and attacked newspaper vendors to retrieve copies of a national
newspaper that had published a negative story about a local politician.
Internet Freedom.--There were few government restrictions on access
to the Internet or credible reports that the government monitored e-
mail or Internet chat rooms. Individuals and groups generally engaged
in expression of views via the Internet, including by e-mail, with few
exceptions.
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 January Jigawa police arrested and detained Moukhtari Ibrahim
Aminu after he insulted Jigawa Governor Sule Lamido on his Facebook
page. Police detained Aminu for 10 days, after which he was arraigned
and remanded in prison until February 7. There were no new developments
in the case by year's end.
In March 2010 a Kaduna sharia court ordered the immediate
suspension of all debates on blogs and 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 that 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, the government occasionally banned gatherings when it
concluded that their political, ethnic, or religious nature might lead
to unrest. In areas that experienced societal violence, police and
security forces permitted public meetings and demonstrations on a case-
by-case basis. Security forces used excessive force to disperse
demonstrators during the year, resulting in numerous deaths and
injuries (also see section 1.a.). Open-air religious services held away
from places of worship remained prohibited in many states, due to fear
that they might heighten interreligious tensions. During national
elections numerous states banned or cancelled political rallies, citing
fears that the organizers planned to incite violence.
For example, on March 21, the state government and police in Jos,
Plateau State, attempted to block the formation of a political rally
for presidential candidate Muhammadu Buhari. The state government and
police argued that the city remained too volatile for a political
rally. When the rally still attempted to form, police fired into the
crowd, killing six persons.
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 56 parties
registered with the INEC by year's end. On August 18, the INEC
deregistered seven political parties that did not meet the requirements
for the establishment of a political party.
c. Freedom of Religion.--See the Department of State's
International Religious Freedom Report at http://state.gov/j/drl/irf/
rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution and law provide for
freedom of movement within the country, foreign travel, emigration, and
repatriation; however, security officials restricted freedom of
movement at times by enforcing curfews in areas experiencing
ethnoreligious violence. They also routinely set up roadblocks and
checkpoints, sometimes every few miles, to extort money from travelers.
Security officials continued to use excessive force at checkpoints and
roadblocks.
The government cooperated with the Office of the U.N. 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 had observer status, governed the granting of
refugee status, asylum, and resettlement, and it also reviewed refugee
resettlement.
In-country Movement.--During the year state officials imposed dusk-
to-dawn curfews in response to sectarian conflicts. For example,
authorities imposed curfews in August and September in areas of Kaduna
State and Plateau State, following ethnoreligious violence. In some
cases state and local governments, such as Yobe State and Maidugiri,
Borno State, imposed curfews or otherwise restricted movement in the
aftermath of Boko Haram attacks.
Exile.--There are no legal grounds for forced exile, and there were
no examples of formal legal proceedings to exile a citizen. However,
some citizens chose self-exile for political reasons. For example, Nuhu
Ribadu, former chairman of the EFCC, left the country in 2009 after
threats on his life. Ribadu voluntarily returned to the country in June
2010 and ran as an opposition candidate for the presidency in the April
election.
Internally Displaced Persons (IDPs).--There was no national
registration of internally displaced citizens and no accurate count,
although the NCFR estimated the number to be approximately one million.
The NCFR estimated that Edo, Akwa-Ibom, Jigawa, and Plateau states each
contained at least 200,000 IDPs. There were many causes of
displacement, including boundary and border disputes, sectarian and
communal violence, localized political violence, postelection violence,
forced evictions, conflict in the Niger Delta and Plateau State, the
government's use of force in its efforts to eliminate extremist sects,
altered cattle grazing patterns due to climate change, and major
flooding in the northwest. The government's response to IDPs remained
uneven, depending on the state affected. Federal NCFR budgets did not
cover the need, and state and federal emergency management resources
were inadequate. The NCFR estimated that postelection violence resulted
in the displacement of more than 33,000 persons. For example, clashes
in Kafanchan in southern Kaduna State caused up to 14,000 persons to
flee their homes for relative sanctuary in other villages in Kaduna
State.
The NEMA worked with civil society and religious groups to provide
food and shelter to IDPs. The Kaduna State government, charitable
organizations, and religious institutions offered homes to families
fleeing the violence and assisted with integrating them into small
communities throughout the state. Most of these IDPs either moved back
to their villages or took up residence with family members in nearby
villages, and the Kaduna State government continued to work on
developing housing options for those still displaced at year's end.
Ethnic disputes over land and political power along the borders of
Benue, Taraba, and Nassarawa states resulted in violence, destruction
of property, and the displacement of hundreds of persons. The federal
government deployed mobile police units to affected areas to prevent
further violence. For example, in November and December the government
deployed security forces after an eruption of violence between Fulani
and Tiv ethnic groups in Benue State near the Nasarawa border. Press
reports estimated at least 50 people killed and 5,000 people displaced
as a result of the violence.
Beginning in 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 formed part
of the lands that 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 tried to provide permanent housing and services for displaced
citizens at year's end.
Protection of Refugees.--Access to Asylum.--The law provides for
the granting of asylum or refugee status, and the government
established a system for providing protection to refugees. 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 8,806 refugees, with
another 1,529 refugee applications pending at year's end. Most of these
refugees came from Liberia, Cameroon, and the Democratic Republic of
the Congo.
An office operated by the NCFR in Maiduguri, Borno State, assisted
refugees from Chad.
Access to Basic Services.--The UNHCR provided food, education, and
job skills training, and refugees could move and work freely in the
country. However, refugees, like citizens, had poor access to the
police and courts and few opportunities for employment.
Durable Solutions.--As a result of repatriation and local
integration, overcrowding in refugee camps decreased during the year.
Authorities decommissioned the camp at Oru, near Lagos, although
refugees continued to occupy buildings without permission. Some of the
2,500 refugees in the camp received 75,000 naira ($463) to integrate
into the local community. At year's end others still sought to
repatriate or resettle in third countries.
Temporary Protection.--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. Overall, authorities conducted
credible general elections in April. Some candidates alleged fraud and
filed petitions before election tribunals, which upheld some results
while overturning others. Such fraud and continued election
irregularities abridged citizens' right to change their government to a
limited extent.
Elections and Political Participation.--Recent Elections.--The
government held presidential, gubernatorial, and legislative elections
in April. The elections were scheduled to begin on April 2, but
logistical challenges caused the INEC to delay them until April 9.
Thirty-seven parties participated in the legislative elections. The
INEC initially estimated a voter turnout as high as 75 percent,
although this number varied from 20 to 60 percent in different regions.
The legislative elections produced major changes in the National
Assembly, with only about one-third of the incumbents in the Senate and
the House of Representatives returning and the opposition parties
gaining many seats. International observers witnessed generally calm
and orderly voting at many polling stations.
The presidential election was held on April 16. President Goodluck
Jonathan, who had assumed the presidency in May 2010 following his
predecessor's death, and Vice President Mohammed Namadi Sambo were
elected to a new four-year term. Twenty parties were listed on the
ballot in the presidential election. The INEC estimated a voter turnout
of 35 percent of the country's 70 million registered voters. According
to the INEC, President Jonathan, the PDP candidate, tallied 58.9
percent of the vote, while CPC candidate Muhammadu Buhari won 32
percent. Project Swift Count (PSC) 2011, a group of four Nigerian civil
society organizations, conducted parallel vote tabulations and reported
that President Jonathan received 58.7 percent of the vote and Muhammadu
Buhari received 30.8 percent. The PSC deployed field observers to 1,497
polling units in all 774 local government areas in 36 states and the
FTC. Election observers judged the presidential election to be more
organized than the legislative elections and largely free, fair, and
transparent. However, observers reported that some election precincts
experienced fraud and electoral irregularities including vote rigging
and buying; under-age voting; ballot stuffing; late openings and
overcrowding of polls; insufficient voting materials; and intimidation
and political violence.
Some violence occurred during the campaigns and on election day. On
April 6, a bomb killed a PDP official preparing to distribute election
materials in Kaduna. On April 8, outside the INEC office in Suleja,
Niger State, a bomb blast killed as many as 13 persons. In September
six suspected members of Boko Haram were arraigned at a federal high
court in Abuja for allegedly bombing the election office in Suleja, as
well as for the bombing of a PDP political rally, a church, and
detonation of a bomb that killed security agents. On October 20, the
hearing commenced and continued at year's end.
On election day a bomb explosion at a polling station in Maiduguri,
Borno State, killed two persons, and in Delta State police shot and
killed two individuals during an interparty dispute at a polling
station.
Political violence occurred at federal, state, and local levels, as
well as within political parties. In some cases before and after the
election period, violence stemmed from rivalries and competition
between political candidates. However, immediately following the April
16 presidential election, supporters of opposition CPC candidate Buhari
began protests of President Jonathan's victory that led to an outbreak
of violence in the north and in the Middle Belt states. The northern
states of Adamawa, Bauchi, Borno, Gombe, Jigawa, Kaduna, Kano, Katsina,
Niger, Sokoto, Yobe, and Zamfara experienced violent riots. Incidents
ranged in severity and included mass protests, machete attacks, prison
breaks, and the burning of businesses, places of worship, houses, and
government offices. Rioters targeted local opponents, political rivals,
and innocent bystanders. The violence claimed lives, damaged property,
and led to restrictions of movement. HRW stated that election-related
violence resulted in more than 800 deaths and displaced 65,000 persons
in the 12 northern states. The police put the total at 520 deaths.
Gubernatorial elections for 26 states occurred on April 26 amid
postpresidential election violence. Ten states did not hold
gubernatorial elections due to a series of court decisions that
extended the tenure of the incumbent governors. Kogi State held
gubernatorial elections on December 4. The remaining nine states
planned to hold gubernatorial elections off cycle in the coming years.
On October 10, the government released the report on postelection
violence of the Presidential Committee on the 2011 Election Violence
and Civil Disturbances. Retired grand qadi Sheikh Ahmed Lemu led a
panel in the investigation of the causes of postelection violence and
developed recommendations to prevent such occurrences in the future.
The panel found that the root causes of the violence included
widespread desire for change following failed promises to fix
infrastructure; corruption; zoning policies that turned the election
into an ethnoreligious contest; rumor mongering and negative
campaigning; the failure of the government to enact previous panel
recommendations; and the individual actions of some candidates. The
report specifically identified CPC candidate Buhari as contributing to
the violence. The panel found that his comment to supporters to ``guard
their vote'' was ``misconstrued by many voters to include recourse to
violence which they did.''
During the year the courts continued to hear and adjudicate cases
related to the April elections. Following the elections the CPC filed a
petition challenging President Jonathan's victory in court. The CPC
petitioned to have election results overturned in 20 states. On
November 1, the Presidential Election Tribunal upheld the presidential
election results.
In April election rioters in Giade, Bauchi State, killed seven
National Youth Service Corps members who manned polls on election duty,
a policewoman, and two businessmen. A Bauchi magistrate court presided
over the case, which included 20 suspects connected with the killings,
as well as 21 others suspected of other postelection murders. The case
remained in court at year's end.
In October violence between PDP and Action Congress of Nigeria
(ACN) supporters erupted in Ugba, Benue State. Although accounts
varied, the violence appeared to start after assailants attacked the
home of a traditional leader in the town, killing four members of his
family. The ensuing clash between supporters of the two parties
resulted in as many as 30 deaths, and 60 houses also were destroyed.
On March 4, 10 people died and others suffered injuries when a bomb
exploded at a political rally for Niger State governor Mu'azu Babangida
Aliyu (PDP) in Suleja, Niger State.
Extremists also contributed to the political violence. For example,
on January 29, Boko Haram gunmen killed the Borno State All Nigeria
People's Party gubernatorial candidate, Alhaji Modu Fanmani Gubo, and
six others in Maiduguri, Borno State.
Political Parties.--Establishing a political party remained
relatively easy if supporters paid the required fees. 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.
On October 25, police in Kogi State arrested 28 members of the
opposition ACN party while they traveled to Abuja on an Osun State
government bus. The police commissioner in Osun stated that police
arrested the ACN members because they could not explain their
``mission'' to Abuja.
Participation of Women and Minorities.--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.
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 Jonathan administration demonstrated 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 from the northwest state of
Kebbi. The government attempted to balance other key positions among
the different regions and ethnic groups; however, with more than 250
ethnic groups, ensuring representation of every group in the government
was difficult.
The majority PDP also engaged in ``zoning'' for many key positions,
a practice of rotating positions within the party among the different
regions and ethnic groups to ensure that each region was given adequate
representation. The practice of zoning became an issue because
Jonathan's transition from vice president to president after the death
of former president Yar'Adua, a northerner, upset the prior rotational
scheme.
On June 6, the National Assembly elected Aminu Waziri Tambawal as
speaker of the house, disrupting the practice of zoning and countering
the wishes of the majority PDP party, which hoped to retain a member
from the southwest in the position of speaker. The PDP attempted to
thwart Tambuwal's election as speaker both before and on the day of the
election of principal officers of the House of Representatives.
Security agents laid in wait to arrest Tambuwal on arrival at the
National Assembly on the day of the election; however, he was able to
evade arrest and enter the National Assembly, where he was elected
speaker.
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.
Massive, widespread, and pervasive corruption affected all levels of
government and 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 alleged requests from
judicial officials for bribes to expedite cases or obtain favorable
rulings.
Police corruption remained rampant, particularly at highway
checkpoints. Police routinely stopped drivers who did not commit
traffic infractions, refusing to allow them to continue until they paid
bribes. The Office of the Inspector General of Police 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 remained ineffective and made no arrests by year's
end. Citizens could report incidents of police corruption to the NHRC;
however, the NHRC did not act on such complaints during the year, and
no other mechanism existed to investigate security force abuse (see
section 5).
In August 2010 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 must 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 the president, vice president,
governors, deputy governors, cabinet ministers, and legislators (at
both federal and state levels), must comply with financial disclosure
laws, including the requirement to declare their assets before assuming
and after leaving office. Violators risked prosecution, but cases
rarely came to conclusion. On October 26, the Code of Conduct Tribunal
commenced the trial of former governor of Lagos State Asiwaju Bola
Ahmed Tinubu, who allegedly failed to disclose multiple foreign bank
accounts he operated while serving as governor. There was no decision
in the case by year's end.
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. On November
23, President Jonathan removed EFCC Chair Farida Waziri after credible
allegations appeared that she was engaged in corrupt practices.
On August 25, HRW released Corruption on Trial, a report on the
record of the EFCC. The report examined the EFCC's record of conviction
and prosecution of members of the political elite implicated in
corruption under Ribadu and his replacement Waziri. The report found
that, although the EFCC had done a competent job of prosecuting
apolitical financial crimes, it had less success in high-profile
political corruption cases.
Despite the arrest of several high-ranking officials by the EFCC,
allegations continued that agency investigations targeted individuals
who had fallen out of favor with the government, while those who were
in favor continued their activities with impunity. Since 2005 the EFCC
prosecuted 26 nationally prominent public officials and recovered 1.7
trillion naira ($10.5 billion). However, only four of these officials--
former inspector general of police Tafa Balogun, former Bayelsa State
governor Diepreye Alamieyeseigha, former Edo State governor Lucky
Igbinedion, and PDP chieftain and former Nigerian ports authority
chairman Olabode George--were convicted. The courts granted bail to all
the others.
In May the EFCC arrested former minister of works and housing
Hassan Lawal for the mismanagement of 50 billion naira ($308 million).
Their trials continued at year's end. In June the EFCC arrested Dimeji
Bankole, former speaker of the House of Representatives, and Deputy
Speaker Usman Nafada for the alleged misappropriation of one billion
naira ($6.2 million) and 40 billion naira ($247 million), respectively.
In October the EFCC arrested four former governors who vacated
office earlier in the year, including former Ogun governor Otunba
Gbenga Daniel, former Oyo governor Chief Adebayo Alao-Akala, former
Nasarawa governor Alhaji Aliyu Akwe Doma, and former Gombe governor
Muhammed Danjuma Goje. The four allegedly misappropriated or stole 58
billion naira ($358 million), 25 billion naira ($154 million), 18
billion naira ($111 million), and 12.8 billion naira ($79 million),
respectively. Their trials began in December and continued at year's
end.
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. The United Arab Emirates
extradited Ibori to the United Kingdom, where he was scheduled to stand
trial in February 2012.
In May 2010 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 ($14 million). Ogbulafor
filed a petition to dismiss the charges. There were no new developments
in the case by year's end.
In August 2010 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 ($76 million) during his
administration. The civil society group Socio-Economic Rights and
Accountability Project (SERAP) accused the attorney general of a cover-
up. A federal high court was scheduled to announce a ruling on July 28,
but did not do so by year's end.
On October 20, the federal high court in Ado-Ekiti, rearraigned
former Ekiti State governor Ayodele Fayos. In 2006 he was accused of
laundering 1.4 billion naira ($8.6 million) while in office. The case
continued at year's end.
On May 28, President Jonathan signed into law the Nigerian Freedom
of Information Act (FOIA). The law allows any person to request
information from a government office. The office must grant access to
the information or explain why access is denied within seven days of
receiving the request, or transfer the request to the appropriate
office within three days. The FOIA makes it the responsibility of all
public offices to keep records and provides immunity for public
officers against any form of civil or criminal proceeding for
``disclosure in good faith of any information'' pursuant to the FOIA.
The act provides a 30-day window within which anyone denied access by
any public institution can bring the matter to court for a judicial
review. The act includes a fine of 500,000 naira ($3,083) for any
institution or public officer who wrongfully denies access to
information or records. Destruction of records is a felony punishable
with a minimum penalty of one year's imprisonment under the act.
Civil society groups introduced a number of cases at the national
and state level to test the FOIA during the year. For example, in
September the SERAP brought a case against the Oyo State government
after being denied access to information on state funding for primary
education. The case continued at 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
sometimes cooperated and responded to their views. The government did
not interfere with international human rights organizations that
visited the country to research human rights violations, police abuses,
and ethnic conflicts.
Government Human Rights Bodies.--The NHRC, which the government
tasked with monitoring and protecting human rights, maintained zonal
affiliates in the country's six political regions. The commission
published periodic reports detailing specific human rights abuses,
including torture and poor prison conditions. The NHRC's operations
were limited by insufficient funding. The commission also lacked an
independent budget and judicial authority and could only make
nonbinding recommendations to the government. However, in March the
president signed the National Human Rights Commission Amendment Act.
The law, which had remained in the National Assembly for six years
awaiting presidential signature, secures the independence and funding
of the NHRC through the Human Rights Fund. The law also provides
greater recognition and enforcement of NHRC decisions. In September the
NGO Human Rights Agenda Nigeria criticized the government for delayed
implementation of the act, specifically for the failure to establish
the Human Rights Fund or provide the NHRC and Legal Aid Council with
sufficient funding for the promotion and protection of human rights.
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.--Rape and Domestic Violence.--The law criminalizes rape and
provides penalties of 10 years' to life imprisonment, as well as fines
of 200,000 naira ($1,233) for those convicted of rape, but societal
pressure and the stigma associated with rape reduced both the
percentage of rapes reported and the penalties imposed for conviction.
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.
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. According to the 2008 Nigeria
Demographic and Health Survey (NDHS), 3 percent of married women
between the ages of 15 and 49 experienced spousal rape.
Rape remained rampant in universities. For example, in September a
video allegedly showing five men gang-raping a female Abia State
University student began circulating on the Internet. The video, which
garnered extensive media coverage, led to criticism across the country.
University and Abia State government officials initially denied the
authenticity of the video. Police officials in Abia made initial
arrests but eventually released the suspects without charge. Police
stated that they could not prosecute the case unless the victim came
forward. The House of Representatives Justice Committee and the NHRC
both called for an investigation of the case, but there was no
additional progress by year's end.
No laws criminalize gender-based violence, and some federal laws
allow 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 remained widespread and often was considered
socially acceptable. In a survey released in 2009, 28 percent of women
reported experiencing violence after age 15, the majority of which a
husband or partner had inflicted. The Legislative Advocacy Coalition on
Violence Against Women conducted a survey of gender-based violence in
18 states from January through June of 2010. Of the 479 cases surveyed,
44 percent involved cases of physical violations, 21 percent sexual
violations, 18 percent domestic violence, 12 percent harmful
traditional practices, and 3 percent economic violations.
Police did not intervene in domestic disputes. In rural areas
courts and police remained 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 may justifiably hit or beat 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 advocated passage of legislation to protect
women's rights.
In June 2010 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 many in Ondo State and Abuja
criticized the actions of the traditional ruler. In a countermeasure
the accused filed an injunction naming police and the courts and asking
the court to drop the case. There were no developments in the case by
year's end.
Harmful Traditional Practices.--Purdah, the cultural practice of
secluding women and pubescent girls from unrelated men, continued in
various parts of the north. In some parts of the country, widows
experienced unfavorable conditions as a result of discriminatory
traditional customs. ``Confinement,'' which occurred predominantly in
the northeast, remained the most common rite of deprivation for widows.
Confined widows stayed under social restrictions for as long as one
year and usually shaved their heads and dressed in black as part of a
culturally mandated mourning period. In other areas communities viewed
a widow as a part of her husband's property to be ``inherited'' by his
family.
Polygyny remained legal and widely practiced among many ethnic and
religious groups.
Sexual Harassment.--Sexual harassment remained a common problem. No
statutes prohibit sexual harassment, but authorities may prosecute
violent forms of it under assault statutes. The practice of demanding
sexual favors in exchange for employment or university grades remained
common. Women suffered harassment for social and religious reasons in
some regions.
Reproductive Rights.--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 used modern methods. Approximately
50 percent of the population consisted of adolescents; many of them
were sexually active, but few had access to contraceptives. The U.N.
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.
Approximately 54,000 women and 250,000 newborns died annually from
complications of childbirth. A trained health professional assisted an
estimated 39 percent of live births. 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
received equal access to diagnostic services and treatment for sexually
transmitted infections.
Discrimination.--The constitution provides for equality and freedom
from discrimination; however, women experienced considerable economic
discrimination. No laws barred 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 and often
encountered difficulty in acquiring commercial credit or obtaining 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.
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, authorities did not
strictly enforce the prohibition.
The testimony of women received less weight than that of men in
many criminal courts. No law barred women from arranging surety bonds
for bail for persons detained by the police, but in practice women
could not provide such bail arrangements at most police detention
facilities across the country.
Children.--Birth registration.--Citizenship of a child is derived
from the parents. The government did not require birth registration,
and the majority of births remained unregistered; however, lack of
documents did not result in denial of education, health care, or other
public services.
Education.--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, authorities rarely
provided compulsory primary education, and often charged numerous
mandatory school fees. Most educational funding came from the federal
government, with state governments required to pay a share; however,
some states did not disclose their funding share. Of the country's
estimated 30 million primary school-age children, seven million did not
enroll in 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 frequently went 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
became involved in 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.
In May the government released the findings of the 2010 Nigeria
Education Data Survey, a follow-up report to the 2008 NDHS. According
to the survey, attendance rates in primary school ranged from 35 to 80
percent. The lowest attendance rates occurred in the northeast and
northwest, where rates for boys and girls hovered around 43-47 and 35-
38 percent, respectively. Overall, 63 and 58 percent of boys and girls,
respectively, attended school. According to UNICEF, for every 10 girls
in school, more than 22 boys attended. For young persons between the
ages of 17 and 25 years, 25 percent had fewer than two years of
education.
Child Abuse.--Child abuse remained common throughout the country.
The government criticized child abuse and neglect but did not undertake
significant measures to combat it. Human rights groups reported sexual
assaults and rapes of young girls, especially in the north.
Children accused of witchcraft were abused in some states. Children
accused of witchcraft suffered kidnapping, torture, and death.
According to two local NGOs that operated shelters, Stepping Stones
Nigeria (SSN) and the Child Rights and Rehabilitation Network (CRARN),
attackers drove nails into children's heads, cut off fingers, tied
children to trees, and abandoned them in the jungle. 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 remained pending at year's end, with
outstanding warrants for the shelter's directors.
In June police raided a hospital in Aba, Abia State, and rescued
girls being held to produce babies for sale in witchcraft rituals. The
police rescued 32 of the girls, ages 15 to 17. Male babies reportedly
sold for up to one million naira ($6,167) for use in trafficking rings
or witchcraft rituals. The owner of the hospital claimed that the
hospital served as a shelter for pregnant teenagers. Authorities held
him for trial at year's end.
On February 11, the NGO International Humanist and Ethical Union
claimed that it rescued two children accused of witchcraft in Uyo, Akwa
Ibom State. The NGO found the children living with a single man and
working in the market as child laborers after their parents had
abandoned them.
In September 2010 media reported that public criticism and efforts
by the government, particularly in Akwa Ibom State, had caused a drop
in new cases of children abused for alleged witchcraft. In November
2010 the government of Akwa Ibom State set up the Commission of Inquiry
into Witchcraft Accusations and Child Rights Abuses. On May 10, the
commission adjourned, but its findings were not available by year's
end.
Self-proclaimed ``bishop'' Sunday Williams publicly claimed to have
killed 110 child witches and asserted that Akwa Ibom State 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; authorities arraigned him in 2009, and the case continued at
year's end.
Harmful Traditional Practices.--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 ($308), 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 applied 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.
The 2008 NDHS reported that 30 percent of women in the country
suffered FGM. While practiced in all parts of the country, FGM remained
most prevalent in the southern region among the Yoruba and Igbo.
Infibulation, the most severe form of FGM, infrequently occurred 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 female
victims suffered FGM before their first birthday.
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 affected women had to rely on
charity.
Child Marriage.--The Child Rights Act, as passed by the National
Assembly, stipulates a minimum age of 18 years for marriage. Most
states, especially northern states, did not adopt the act, and those
states did not uphold the federal official minimum age for marriage.
The government did not take significant steps to stop traditional
practices harmful to children, such as sales of young girls into
marriage. According to credible reports, there were incidents of poor
families selling 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.
In March 2010 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 laws. The National Agency for the
Prohibition of Trafficking in Persons (NAPTIP) investigated the case,
but authorities did not prosecute Yerima.
Sexual Exploitation of Children.--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.
Displaced Children.--In June 2010 then acting president Jonathan
stated that the country had 17.5 million vulnerable children, including
7.3 million orphans. According to 2009 U.N. statistics, 1.2 million
children became orphans due to HIV/AIDS. UNICEF noted that 25 percent
of children in the country, including orphans, suffered from inadequate
nutrition, poor access to health care, and infrequent school
attendance.
Many children remained homeless and lived on the streets. The
government did not have any 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 2010 the Ministerial Committee on Madrasah Education
reported that 9.5 million children worked as ``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 and 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 effectively became homeless.
International Child Abductions.--The country is not a party to the
1980 Hague Convention on the Civil Aspects of International Child
Abduction.
Anti-Semitism.--There were no reports of anti-Semitic acts during
the year. An estimated 700 to 900 members of the Jewish community, all
foreign employees of international firms, resided in Abuja and
worshipped together in one synagogue.
Trafficking in Persons.--See the Department of State's Trafficking
in Persons Report at http://state.gov/j/tip.
Persons With Disabilities.--The constitution does not prohibit
explicitly discrimination based on disability; however, it prohibits
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. At year's end
the president had not yet signed into law a disabilities bill passed in
2007 that sought to ensure education and accessibility for persons with
disabilities. Government responsibility for persons with disabilities
falls under the supervision of the Ministry of Women's Affairs and
Social Development.
Mental health facilities remained almost nonexistent, although
officials at individual prisons attempted to include specialized mental
health facilities for prisoners with mental conditions. All disabled
prisoners stayed 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 relatives often regarded them 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 those who were 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, Kano Polio Victims Trust Association, Joint
National Association of Persons with Disabilities, Albino Foundation,
and Comprehensive Empowerment of Nigerians with Disabilities. In 2008
the federal Ministry of Education estimated that there were 3.25
million school-age children with disabilities. Of these, only 90,000
(2.76 percent) enrolled in primary school and 65,000 (1.85 percent) in
secondary school.
National/Racial/Ethnic Minorities.--The country's ethnically
diverse population consisted of more than 250 groups. Many were
concentrated geographically and spoke distinct primary languages. Three
major groups--Hausa, Igbo, and Yoruba--jointly constituted
approximately half the population. Members of all ethnic groups
practiced ethnic discrimination, particularly in private-sector hiring
patterns and the segregation of urban neighborhoods. A long history of
tension existed between some ethnic groups.
Many groups complained of insufficient representation in
government.
The law prohibits ethnic discrimination by the government, but
claims of marginalization continued, particularly by members of
southern groups and Igbos. Ethnic groups of the Niger Delta continued
their calls for senior representation on petroleum agencies and
committees and within security forces.
The constitution requires that the government have a ``national
character,'' meaning that cabinet and other high-level positions are
distributed to persons representing each of the 36 states, 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 no longer had 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 military.
For example, in Plateau State, the predominantly Muslim and
nonindigenous Hausa and Fulani faced 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 communal violence between ethnic groups in the Middle
Belt, also divided along Christian-Muslim lines, resulted in numerous
deaths and injuries, the displacement of thousands of persons, and
widespread property destruction.
Ethnoreligious violence, often triggered by disputes between
farmers and herders, resulted in numerous deaths and significant
displacement during the year. The most deadly examples of such conflict
occurred in Jos and the farmland surrounding the city. In January as
many as 100 persons were killed in violence that followed the 2010
Christmas bombings in Jos that killed and injured Christians, and in
clashes between Christian and Hausa Fulani youths and the STF around
the University of Jos. HRW estimated that more than 200 persons, both
Muslim and Christian, died in reprisals and counterreprisals, which
continued throughout the year.
Land disputes, ethnic differences, settler-indigene tensions, and
religious affiliation all contributed to these attacks. Determining
motives behind any single attack remained difficult. ``Silent
killings'' occurred throughout the year, in which individuals
disappeared and later were found dead. Reprisal attacks at night in
which assailants targeted and attacked individual homes or communities
occurred frequently. For example, on September 4, unknown assailants
killed a family of eight, including a four-month-old baby, during the
night in a village outside of Jos. In late August at the end of
Ramadan, a dispute between Muslim and Christian youths over the
location to hold Eid prayers led to violence in and around Jos that
resulted in the death of up to 100 Muslims and Christians. Authorities
did not convict any perpetrators of such violence during the year or
those involved in attacks by Muslim Fulani herders in March 2010 that
left 700 persons dead.
The Presidential Advisory Committee on Jos Crisis delivered its
report in August 2010. The report contained recommendations regarding
land ownership, indigeneship, the creation of new local government
areas, the establishment of a culture of nonviolence, the problem of
youth unemployment, and community sensitization. Authorities had not
implemented these recommendations by year's end. Ethnic groups cited
economic exploitation, environmental destruction, and government
indifference as their major 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.).
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.--Consensual same-sex sexual
activity is illegal under federal law and punishable by prison
sentences of up to 14 years. In the 12 northern states that have
adopted sharia, adults convicted of engaging in same-sex sexual
activity may be subject to execution by stoning, although no such
sentences have been imposed.
Because of widespread societal taboos against homosexuality, very
few persons openly revealed their orientation. 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. Organizations such as the
Youths 2gether Network also provided access to information and services
on sexual health and rights for LGBT persons, sponsored programs to
help build skills useful in social outreach, and provided safe havens
for LGBT individuals.
The government and its agents did not impede the work of these
groups during the year.
However, on November 29, the Senate passed the Same Sex Marriage
(Prohibition) Bill, 2011, that would prohibit participating in or
witnessing same-sex marriage ceremonies, criminalize public displays of
affection between same-sex couples, and criminalize LGBT organizations.
The bill includes penalties, including a 14-year prison sentence for
individuals entering into a same-sex marriage, a 10-year sentence for
public displays of same-sex affection, and a 10-year sentence for any
individual who registers, operates, or participates in LGBT clubs,
societies, organizations, processions, or meetings. The bill also calls
for a 10-year sentence for any individual aiding, abetting, or
witnessing the solemnization of a same-sex marriage. The House of
Representatives conducted a first reading of the bill on December 7 but
adjourned for the year before conducting a second and third reading and
bringing the bill to a final vote.
In March a gang of 10 boys beat and raped three girls they
suspected were lesbians in Benin, Edo State. The boys videotaped the
attack, and the footage circulated throughout the state. The girls went
into hiding due to fear of further attacks and of harassment by the
general public. There were no charges filed and no further developments
in the case by year's end.
Authorities took no action against persons who stoned and beat
members of the House of Rainbow Metropolitan Community Church, an LGBT-
friendly church in Lagos, in 2008. The attacks occurred after four
newspapers published photographs, names, and addresses of church
members. During the year church members and the clergy continued to
receive threatening e-mail messages, telephone calls, and letters from
unknown persons. The church and partner groups cancelled conferences on
sexual rights and health scheduled for Lagos and Abuja in December due
to concerns about the safety of conference attendees after the proposed
Same-Sex Marriage (Prohibition) bill refocused negative attention on
the Church. The trial of 18 men, originally charged in 2008 with sodomy
and subsequently charged with vagrancy, had been adjourned multiple
times. All defendants had posted bail, set at 20,000 naira ($123), and
gained their release. No resolution of the case had been announced by
year's end.
Other Societal Violence or Discrimination.--There was widespread
societal discrimination against persons with HIV/AIDS. The public
considered the disease a result of immoral behavior and a punishment
for homosexual activity. Persons with HIV/AIDS often lost their jobs or
were denied health care services. Authorities and NGOs sought to reduce
the stigma and change perceptions through public education campaigns.
Various reports indicated that street mobs killed suspected
criminals during the year. There were no arrests reported from these
mob actions and no developments in cases from previous years.
Killings carried out by organized gangs of armed robbers remained
common during the year. For example, on August 3, a gang stopped a bus
travelling overnight from Lagos to Abuja and forced the passengers to
lie down in the road while they robbed them of possessions. During the
robbery a second bus travelling on the road ran over and killed 14 of
the passengers. Between 10 and 30 of the other passengers remained
missing. There were no arrests in the case by year's end.
Kidnappings and related violence were a serious problem. For
example, on August 28, kidnappers abducted Elder Tes Sorae, a
businessman and chieftain of the PDP in Edo State. During the
kidnapping the abductors shot and killed two police officers and
Sorae's driver. The abductors also wounded his daughter and mortally
wounded his wife, who died five days later. The captors released Sorae
on September 5 after his family paid an undisclosed ransom.
On September 7, kidnappers abducted and killed popular musician
Bayo Ade in Benin City, Edo State. The abductors asked for 500,000
naira ($3,083). Police reported that two suspected kidnappers remained
in custody, but by year's end, there were no new developments in the
case.
In many regions groups of street youths, known as ``area boys,''
operated illegal highway checkpoints at which they demanded money from
motorists.
Section 7. Worker Rights
a. Freedom of Association and the Right to Collective Bargaining.--
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;
however, 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. It also provides that other trade unions may not be
registered in the event that a trade union already exists. Workers,
except members of the armed forces and employees designated under the
Trade Unions Act as essential public sector workers, may join trade
unions. Essential workers included government employees in the police,
prison service, immigration and customs departments, mint, and Central
Bank. Trade union federations, called in the Trade Unions Act ``central
labor organizations,'' must register with the government. Each
federation must consist of 12 or more affiliated trade unions, and
trade union membership in a federation must be exclusive.
The law generally does not ensure a union's ability to conduct its
activities without interference by the public authority. The law
narrowly defines what union activity is legal. The minister of labor
has broad authority to cancel the registration of workers' and
employers' organizations. In addition the registrar of Trade Unions has
broad powers to supervise union accounts at any time.
The law provides workers, except those in certain categories, with
the rights to organize and bargain collectively. Certain categories of
workers are denied these rights, including employees of the Customs and
Excise Department, Immigration Department, Nigerian Security Printing
and Minting Company Limited, prison service, and Central Bank of
Nigeria. Workers and employers in export processing zones (EPZs) are
subject to the provisions of the labor laws and the 1992 Nigeria Export
Processing Zones Decree. Under this decree workers in the EPZs are
allowed to organize and engage in collective bargaining, but there are
no explicit provisions to ensure that workers in EPZs have the right to
organize freely their administration and activities without
interference by the public authorities. The law does not allow worker
representatives to have free access to the EPZs to organize workers,
nor does it allow workers to strike for 10 years following the
commencement of operations within a zone. In addition the Nigerian
Export Processing Zones Authority, which the federal government created
to manage the EPZ program, has the exclusive authority to handle the
resolution of disputes between employers and employees, thereby
limiting the autonomy of the bargaining partners.
The Ministry of Labor is responsible for monitoring and addressing
reported cases of antiunion discrimination. There were two central
labor organizations, the Nigeria Labor Congress and the Trade Union
Congress of Nigeria.
The law limits the right to strike to disputes of rights, including
those arising from the negotiation, application, interpretation, or
implementation of an employment contract or collective agreement, or
those arising from a collective and fundamental breach of an employment
contract or collective agreement, such as one related to wages and
conditions of work. Strikers are prohibited from blocking airports or
obstructing public highways, institutions, or premises of any kind.
Strikes in ``essential services'' are prohibited. Under the Trade
Disputes Act, essential services include, among others, services for,
or in connection with, the Central Bank of Nigeria; Nigerian Security
Printing and Minting Company Limited; any corporate body licensed to
carry out banking business under the Banking Act; postal service; sound
broadcasting; maintenance of ports, harbors, docks, or aerodromes;
transportation of persons, goods, or livestock by road, rail, sea, or
river; road cleaning; and refuse collection. Strike actions, including
many in nonessential services, may be subject to a compulsory
arbitration procedure leading to a final award, which is binding on the
parties concerned. By granting dispute resolution authority to the
authorities managing the EPZs, the 1992 EPZ decree removes the autonomy
of the bargaining partners, since the zone authorities have the power
to impose compulsory arbitration.
Strikes are prohibited over national economic policy. Penalties for
participating in an illegal strike include both fines and imprisonment
for up to six months. The International Labor Organization (ILO) ruled
that the law's restrictions on the right to strike contravened ILO
conventions. The ILO recommended that the relevant laws be amended to
ensure that workers enjoy the full right to strike, including recourse
to protest strikes aimed at criticizing the government's economic and
social policies, without sanction, particularly penal sanction, for
participating in a peaceful strike. Instead of imposing an outright ban
on strikes in such categories of services, the ILO recommended that the
government establish a system of minimum service. Workers not defined
as essential have the right to strike, although they have 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. Laws prohibit workers from forcing
persons to join strikes, closing airports, or obstructing public
byways, with violations subject to stiff fines and possible prison
sentences.
The law does not prohibit antiunion discrimination and does not
provide for reinstatement for workers fired for union activity. No laws
prohibit retribution against strikers and strike leaders, but strikers
who believe they are victims of unfair retribution can submit their
cases to the Industrial Arbitration Panel with the approval of the
Ministry of Labor. The panel's decisions are binding on the parties but
may be appealed to the National Industrial Court. The arbitration
process was cumbersome, time consuming, and ineffective in deterring
retribution against strikers.
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.
While workers exercised some of these rights in practice, the
government generally did not enforce the applicable laws effectively.
According to labor representatives, in many cases workers' fears of
negative repercussions inhibited their reporting of antiunion
activities. On September 8, presidents of Nigeria Labor Congress and
Trade Union Congress (NLC/TUC) along with other union officials were
harassed and held hostage by security agents while preparing to lead a
protest against nonimplementation of the minimum wage by the Enugu
State government. They were later released due to public outcry.
There were no reports of prosecution of the arrested members of the
Petroleum and Natural Gas Senior Staff Association of Nigeria; their
arrests were tied to the investigation of the alleged Halliburton
bribery scandal involving top government officials.
Courts did not ensure due process in protecting workers' rights to
bring their grievances to the judicial system for review.
Collective bargaining occurred throughout the public sector and the
organized private sector but remained restricted in the private sector,
particularly in the banking and telecommunications sectors. According
to labor representatives, in many cases workers' fears of negative
repercussions inhibited their reporting of antiunion activities. In
August and September, officials of the NLC/TUC were detained in a hotel
in Enugu State by a large crowd, believed to have been sent by the
state governor to prevent the officials from addressing a labor rally
regarding the new Minimum Wage Act. The officials eventually attended
the rally.
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 2010 the management of an
Abuja hotel dismissed workers involved in organization efforts. The
fired workers initiated a complaint. The government had not taken
action on the complaint by year's end.
In December 2010 a bank withdrew recognition of an employees' union
without following the legal process to determine whether the new union
was a legal entity. The case continued in court between the parent
union and the break-away union. The bank and employees entered into a
reconciliation process.
Chinese employers reportedly continued to fail to comply with labor
laws pertaining to the protection of union organizing, especially in
the construction and textile sectors.
In December 2010 police broke up groups of unionized electrical
workers protesting government efforts to privatize the Power Holding
Company of Nigeria. These protests occurred in Lagos, Ondo, and Delta
states. According to media reports, police arrested up to 20 members of
the National Union of Electricity Workers in Ondo State. The workers
were eventually released.
There were no known arrests during the year.
b. Prohibition of Forced or Compulsory Labor.--The law prohibits
all forms of forced or compulsory labor, including by children;
however, some laws, including the Labor Decree of 1974, Merchant
Shipping Act, the Trade Disputes Act of 1990, and Nigerian Press
Council Act of 2002 (as amended), contain provisions for sanctions that
include imprisonment with compulsory prison labor. The law provides for
fines and imprisonment for individuals convicted of engaging in the
practice of forced or compulsory labor. Enforcement of the law remained
ineffective in many parts of the country. The government took steps to
identify or eliminate forced labor, but its efforts were hampered by
insufficient resources and complicated by jurisdictional issues between
state and federal governments. Forced labor remained widespread,
particularly bonded labor and domestic servitude. Children worked in
agriculture, artisanal building stone and gravel mining, artisanal gold
mining, petty trading, fishing, and domestic labor.
UNICEF reported that children were sometimes encouraged to
participate in ethnic conflicts, but forced involvement was difficult
to prove. Children were forced into criminal activity, and poverty
induced children to engage in crime and violent activities.
Also see the Department of State's Trafficking in Persons Report at
http://state.gov/j/tip.
c. Prohibition of Child Labor and Minimum Age for Employment.--The
law sets a general minimum age for employment of 14 years. Young
persons under age 15 may be employed only 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. 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.
Despite the law, children were not adequately protected due to weak
or nonexistent enforcement. During the year the Ministry of Labor and
Productivity issued no citations nor collected any fines against
employers of child labor. Child labor was widespread, and the Ministry
of Labor and the NAPTIP estimated that more than 15 million children
participated in child labor.
The worst forms of child labor identified in the country included
commercial agriculture and hazardous farm work; street hawking;
exploitive cottage industries; hazardous mechanical workshops;
exploitive 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; forced
participation in violence, criminal activity, and ethnic, religious,
and political conflicts; and involvement in drug peddling.
Many children worked as beggars, street peddlers, bus conductors,
and domestic servants in urban areas. The government estimated that as
many as 9.5 million children were engaged in street begging in the
northern part of the country. Children also worked in the agricultural
sector and in mines. Boys worked as bondage laborers on farms, in
restaurants, for small businesses, in granite mines, and as street
peddlers and beggars. Girls worked involuntarily as domestic servants,
street peddlers, and commercial sex workers.
In addition to children who were citizens, 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 acted as an ombudsman to advocate for 14- to 16-year-old
workers. In Abakaliki, Ebonyi State, and near Lafia, in Nassawara
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
Zamfara State children were employed in industrial facilities used to
process gold ore, exposing them to hazardous conditions. International
observers reported improvement in conditions later in the year.
In an effort to withdraw children from the worst forms of child
labor, the Ministry of Labor established and upgraded skills
acquisition and vocational training centers in Kaduna, Ibadan, Enugu,
and Lagos; four other centers were being developed. New centers in
Calabar, Bauchi, and Warri were completed. NGO-run or state-run
vocational training centers were also 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 by 441 officers.
Although the inspectorate employed nearly 500 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 mostly
occurred randomly 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.
A visit to the Nassawara State labor officer found staffing and
resources well below the level needed for the task, and little capacity
to address labor law issues in the large informal sector. The NAPTIP
has 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. Twenty-four states, plus the FCT,
have passed the act. The remaining states are in the north, where
sharia 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 (ILO/IPEC) Sustainable Tree Crop Program in the cocoa and other
agricultural subsectors. A component of the ILO/IPEC project 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. In October the
government launched an ILO/IPEC project to reduce child labor and
trafficking in stone quarries in Ogun State.
Also see the Department of Labor's Findings on the Worst Forms of
Child Labor at http://dol.gov/ilab/programs/ocft/tda.htm.
d. Acceptable Conditions of Work.--A new national monthly minimum
wage of 18,000 naira ($111) was established by an amendment to the law
in March. However, implementation of the act was slow, particularly by
state governments, despite worker protests and warning strikes.
Employers with fewer than 50 employees are exempt from provisions of
the law, and the large majority of workers are not covered by the law.
The Labor Act mandates a 40-hour workweek, two to four weeks of
annual leave, and overtime and holiday pay, except for agricultural and
domestic workers. The Labor Act does not define premium pay or
overtime. The law prohibits excessive compulsory overtime for civilian
government employees.
The law establishes general health and safety provisions, some of
which are aimed specifically at young or female workers. The 2010
Employees Compensation Act raised the amounts paid to workers who
suffered job-related injuries. The act also extended coverage to women
involved in work not previously covered. The law requires employers to
compensate injured workers and dependent survivors of those killed in
industrial accidents. 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. The Ministry of Labor is responsible for
enforcing these standards.
Enforcement did not occur in the informal sector. No citations or
fines were issued for child labor during the year.
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
addition the compensation law was not enforced strictly.
__________
RWANDA
executive summary
Rwanda is a constitutional republic dominated by a strong
presidency. The ruling Rwandan Patriotic Front (RPF) leads a coalition
that includes six smaller parties. Three other registered political
parties participate in elections. In August 2010 voters elected
President Paul Kagame to a second seven-year term. Senate elections
took place in September, with RPF candidates winning the majority of
seats by wide margins. International observers reported the senate
elections met generally recognized standards of free and fair elections
in most respects but noted concerns regarding the independence of
voters' decisions. State security forces (SSF) generally reported to
civilian authorities, although there were instances in which elements
of the security forces acted independently of civilian control.
The most important human rights problems were lack of respect for
the integrity of the person, particularly illegal detention, torture,
and disappearance of persons detained by SSF; unwarranted restrictions
on the freedoms of speech and press, particularly harassment, violence,
and arrest of journalists, political dissidents, and human rights
advocates; and societal violence and discrimination against women and
children.
Other major human rights problems included allegations of attempted
assassinations of government opponents, both within the country and
abroad; conditions within prisons and detention centers that sometimes
failed to comply with international standards; prolonged pretrial
detention; irregularities in the judicial process; unwarranted
restrictions on freedoms of assembly, association, and, to a lesser
extent, religion; inadequate security for refugees; official
corruption; trafficking in persons; discrimination and occasional
societal violence against the Twa minority and lesbian, gay, bisexual,
and transgender (LGBT) persons; restrictions on labor rights; and child
labor.
The government generally took steps to prosecute or punish
officials who committed abuses, whether in the security services or
elsewhere, but impunity involving civilian officials and SSF was a
problem.
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 attempted to commit arbitrary or unlawful
killings within the country and abroad. The government typically
investigated security force killings and prosecuted perpetrators. The
government investigated sporadic grenade attacks across the country and
continued to prosecute individuals who threatened or harmed genocide
survivors and witnesses.
For example, United Kingdom police in May warned specific Rwandan
exiles in London that they were the targets of an assassination plot by
the Rwandan government. In June 2010 in Johannesburg, South Africa, an
unknown assailant shot and seriously wounded former army chief of staff
Faustin Kayumba Nyamwasa, who in January would be convicted in absentia
by a Rwandan court of various security-related charges. According to a
report by the Commonwealth Observer Group, the South African Foreign
Ministry stated that foreign ``security operatives'' were involved and
arrested several suspects. At year's end the South African trial
against six Rwandan and Tanzanian defendants continued. On September
22, the media reported that South African authorities had foiled
another assassination attempt against Kayumba Nyamwasa. The Rwandan
government repeatedly denied any involvement in the London and
Johannesburg assassination plots and asserted that it does not condone
violence.
On September 15, security personnel shot Eric Nshimyumuremyi, a
member of the opposition party PS-Imberakuri, in the chest, allegedly
because he was armed and wanted to fight. A PS-Imberakuri spokesperson
claimed that Nshimyumuremyi was not armed and was shot because he was a
party member.
On December 1, an unidentified gunman killed Charles Ingabire, a
Rwandan journalist and government critic, in Kampala, Uganda. Both the
press and human rights organizations reported that Ingabire had
survived an earlier attack in September. Rwandan authorities alleged
that he had embezzled from a microfinance company, orphans, and a
genocide survivors' organization and was probably killed for that
reason. On December 26, an unknown assailant killed FDU-Inkingi member
Jerome Ndagijimana in Kampala. At year's end the Ugandan investigations
were ongoing.
Grenade attacks in January, March, and July in Kigali and along the
border with the Democratic Republic of the Congo (DRC) killed three and
injured dozens. Shortly after the July 13 attack, the prosecution
brought charges against more than 100 defendants grouped into three
``grenade cases.'' Prosecutors charged the defendants, grouped loosely
by date of arrest, with a range of security-related offenses.
The government investigated and prosecuted individuals accused of
threatening or harming genocide survivors and witnesses or of espousing
genocide ideology. The law defines this 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 June a special protection bureau in
the Office of the National Public Prosecution Authority (NPPA)
registered 103 cases of genocide ideology, 56 of which ended in
conviction (see section 1.e.). According to genocide survivors'
association Ibuka, there were only two cases of violence against
genocide survivors or witnesses during the year, and police arrested
one assailant.
b. Disappearance.--There were numerous reports of disappearances
and politically motivated abductions or kidnappings in 2011, as well as
cases from 2010 that came to light during the year. Amnesty
International, the Rwandan League for the Promotion and Defense of
Human Rights (LIPRODHOR), and other observers alleged that SSF,
including the Rwanda Defense Forces (RDF) J-2 Military Intelligence
Directorate, the National Intelligence and Security Services (NISS),
and to a lesser extent the Rwanda National Police (RNP) Criminal
Investigations Division, orchestrated the disappearances. The
government occasionally made efforts to investigate occurrences but did
not punish any perpetrators.
For example, in June 2010 two Rwandan members of a local
nongovernmental organization (NGO) disappeared along with approximately
80 other people in Rusizi, according to several NGOs and media reports.
Some of those who disappeared resurfaced in 2011 as defendants in the
grenade attack cases (see section 1.a.), but according to local and
international human rights organizations, many of the 80 abducted
remained missing.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution and law prohibit such practices, but
there were numerous reports of abuse of detainees and prisoners by
military and intelligence officials and some reports of abuse by police
or prison guards. Authorities dismissed or disciplined some police
officers for use of excessive force and other abuses during the year.
Police investigations led to formal criminal charges filed in court in
more serious cases.
In a May 10 press release, LIPRODHOR described the arraignment of
John Bosco Ngarama on security-related charges, in which the defendant
alleged he had undergone severe physical and psychological torture
during 10 months of military custody. A number of defendants in the
``grenade cases'' voiced similar allegations of torture in open court
during their arraignments. Former detainees reported systematic torture
and other cruel, inhuman, or degrading treatment or punishment of
civilians held at military detention facilities.
Prison and Detention Center Conditions.--Prison and detention
center conditions were harsh, but prisons generally complied with
international standards. The government permitted visits by independent
human rights observers. There were continued improvements in treatment
of the general prison population, and new or upgraded facilities
increased capacity by more than 30 percent. According to the Rwanda
Correctional Services (RCS), each prison had dormitories, toilets,
sports facilities, a health center, a guest hall, a kitchen, water, and
electricity, as required by a 2006 presidential order governing
conditions in prisons. In previous years prisoner deaths resulted from
anemia, HIV/AIDS, respiratory disease, malaria, and other diseases. The
rates of such deaths were similar to those found in the general
population.
Provision of food in prisons and detention centers was inadequate,
and prisoners and detainees relied on family members to supplement
their diets. On October 3, the Ministry of Internal Security took full
responsibility to provide food for prisoners and detainees through
canteens and prison gardens after it issued a directive banning members
of the public from taking food to inmates. Ventilation and temperature
conditions improved as overcrowding continued to decline. Medical care
in prisons was commensurate with care for the public at large. The
government enrolled all prisoners in the national health insurance
plan.
Conditions in police and military detention centers varied.
Overcrowding was common in police detention centers, and poor
ventilation often led to high temperatures. Provision of food and
medical care was inconsistent, and some detainees claimed to have gone
for several days without food. There were complaints regarding
inadequate sanitation in some detention centers. There were numerous
reports of substandard conditions for civilians held in military
detention centers.
There were unconfirmed reports that police sometimes beat newly
arrested suspects to obtain confessions. There were numerous reports
that J-2 Military Intelligence personnel employed torture and other
cruel, inhuman, or degrading treatment or punishment to obtain
confessions in military detention centers (see section 1.c).
One prison riot reportedly occurred during the year. Prisoner
family members claimed that on July 8, a fight broke out at Huye Prison
between newly transferred prisoners from Rusizi and longstanding Huye
inmates. Prison guards killed five of the inmates, according to one
inmate witness, and transferred all witnesses to other prisons across
the country. Prisoners alleged that this was to suppress knowledge of
the incident. Prison officials denied knowledge of the incident.
At year's end the prison population was 58,461, consisting of
49,995 men and 8,466 women, of which 224 were juveniles. The system was
designed for 56,900. Men and women were housed in separate but
approximately equal conditions. Fewer than 100 children under the age
of three lived with their parents in prison. The RCS provided nursery
schools and fresh milk for such children. All juveniles were held at
Nyagatare Rehabilitation Center. There were no reports of abuse of
juveniles, and the RCS continued to improve access to lawyers,
education, and job training for juveniles. Individuals convicted of
genocide-related offenses comprised a majority of the adult prison
population. Authorities generally separated pretrial detainees from
convicted prisoners and prisoners convicted of serious crimes from
those convicted of lesser ones. However, there were numerous exceptions
due to the large number of genocide-related detainees awaiting trial.
The government continued to hold eight prisoners of the Special Court
for Sierra Leone in a purpose-built detention center, which the U.N.
deemed met international standards for incarceration of prisoners
convicted by international criminal tribunals.
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.
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.). Two other
transit centers, where conditions met basic international standards,
operated as well. Many transit center detainees and at-risk youth were
transferred to the Iwawa Rehabilitation and Vocational Development
Center, which observers reported generally met international standards
and provided job training.
The law provides for an ombudsman who has the power to carry out
investigations of prisons. The ombudsman also receives and examines
complaints from individuals and independent associations relating to
civil servants, state organs, and private institutions. Domestic and
international human rights organizations reported numerous instances of
long delays and failures to locate prisoners and detainees. There were
reports of forgotten detainees and of prisoners who remained
incarcerated beyond their release date due to misplaced records.
The National Prisons Service merged with the Works for General
Interest (TIG) community service program in July to form the RCS and
began to shift its focus from penal to rehabilitative detention. The
Nyagatare Rehabilitation Center for juveniles undertook renovations
with the assistance of UNICEF to align with rehabilitative priorities.
The Ministry of Justice (MINIJUST) instructed judges to utilize
alternative sentencing to incarceration for nonviolent offenders. The
RCS also commuted the sentences of more than 1,000 prisoners, expanding
the use of community service as an alternative to time in prison.
The government permitted independent monitoring of prison
conditions by diplomats, as well as the International Committee of the
Red Cross, which reported unimpeded access on an unannounced basis to
all the prisons, police stations, and military facilities that it
visited during the year. The government stated no local human rights
NGOs applied for permits to visit prisons in 2011. LIPRODHOR claimed it
had followed up on a 2009 application for access and was awaiting
approval. Human Rights Watch (HRW) similarly claimed it was unable to
obtain access to prisons during the year. Journalists may access
prisons with a valid press card but must request permission to
interview or take photos from the RCS commissioner.
d. Arbitrary Arrest or Detention.--The constitution and law
prohibit arbitrary arrest and detention. However, SSF regularly
arrested and detained people arbitrarily and without due process.
Role of the Police and Security Apparatus.--The RNP, under the
Ministry of Internal Security, is responsible for internal security.
The RDF, under the Ministry of Defense, is charged with providing
external security. Authorities generally maintained control over the
RNP and RDF, and the government had mechanisms to investigate and
punish abuse and corruption. However, there were reports that elements
of the SSF may have acted independently of civilian control. There were
several reports of impunity involving the military and intelligence
forces involving disappearances, illegal detention, and torture in
military detention centers.
There were reports of abuse of suspects by SSF and local defense
members. The Inspectorate General of the RNP generally disciplined
police for excessive use of force and prosecuted acts of corruption,
and the RDF normally displayed a high level of military
professionalism. However, there were numerous reports that the J-2
Military Intelligence Directorate tortured and abused detainees with
impunity.
The police lacked sufficient basic resources such as handcuffs,
radios, and patrol cars, but observers credited the RNP with generally
strong discipline and effectiveness. There were reports of police
arbitrarily arresting and beating individuals, engaging in corrupt
activities, and demonstrating a lack of discipline. During the year the
RNP took steps to institutionalize training in community relations,
which included appropriate use of force and human rights. In December
the National Police Academy graduated its first undergraduate class in
professional police studies.
Communities chose volunteers to serve in the local defense forces
(LDF), a statutorily established law enforcement organization of
approximately 20,000 members under the Ministry of Local Government
(MINALOC) that assisted the police. The RNP exercised tactical control
of LDF, while local officials had responsibility for operational
oversight. LDF performed basic security guard duties throughout the
country including at gacaca court (a village-level justice system)
proceedings and chased illegal street vendors, petty criminals, and
prostitutes from public areas. LDF were ordinarily unpaid and received
less training than RNP officers. They did not have power of arrest but
made arrests on orders from local officials and on their own authority.
During the year the government repeatedly warned LDF against
involvement in criminal activity and prosecuted members who committed
crimes. However, some human rights groups accused the government of not
taking sufficiently strong action against some members and considered
LDF abusive.
Arrest Procedures and Treatment While in Detention.--The law
requires authorities to investigate and obtain a warrant before
arresting a suspect. Before arrest, police may detain suspects for up
to 72 hours without a warrant, and prosecutors must bring formal
charges within seven days of arrest. Authorities sometimes disregarded
these provisions, particularly in security-related cases. SSF held some
suspects incommunicado or under house arrest. At times police employed
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. Such detention must be reviewed by a judge every 30 days, but in
practice SSF held numerous suspects indefinitely after the first
authorization of investigative detention. The government attributed
such continued detention to judicial backlog and delays in obtaining a
court date, and said investigations generally were completed within 30
days. After the formal filing of the prosecution's case, detention is
indefinite unless bail is granted. Bail exists only for crimes with a
maximum sentence of five years or less, but authorities may release a
suspect pending trial if 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. However, defendants
are not allowed formal representation in the gacaca court process. In
practice the scarcity of lawyers (there were 784 attorneys in the
country, of which 175 were trainees, mostly located in Kigali) limited
access to legal representation. The government did not provide indigent
people with legal representation. A Legal Aid Forum composed of 31
organizations, including domestic and international NGOs, the Rwandan
Bar Association, the Corps of Judicial Defenders, and university legal
aid clinics, provided legal aid services to indigents and vulnerable
groups, although such resources were insufficient to provide lawyers
for all those in need. The law requires the government to provide
minors with legal representation, which judicial observers cited as a
factor in juvenile trial delays. The government continued to hold an
annual Legal Aid Week, in which it processed as many juvenile cases as
possible to reduce backlog.
Arbitrary Arrest.--Police arbitrarily arrested members of
opposition parties, journalists, and members of Jehovah's Witnesses
(see sections 2.a., 2.c., and 3).
In 2009 government authorities arrested Laurent Nkunda, leader of a
Congolese armed entity, while he was in the country. At year's end
Nkunda remained under house arrest without charge.
In August 2010 SSF arrested Lt. Col. Rugigana Ngabo, brother of
Kayumba Nyamwasa, and held him for more than a year without charge.
Ngabo's trial before a military tribunal finally began on November 28,
just before the East African Court of Justice (EACJ) ruled that his
detention was illegal.
On numerous occasions police and LDF detained street children,
vendors, beggars, and undocumented people in Kigali and other towns and
charged them with illegal street vending or vagrancy. Authorities
released adults who could produce identification and transported street
children to their home districts, to shelters, or for processing into
vocational and educational programs.
Despite a 2008 Senate committee report that called for the closure
of Kigali's Gikondo Transit Center for violations of detainee rights
and lack of social services, the facility continued to operate as a
temporary detention facility for street children, vagrants, and street
vendors. Government officials asserted they held people for no more
than three weeks. However, some detainees reported waiting several
months before release. Relatives often reported that authorities denied
them access to detainees.
The government continued to operate Iwawa Rehabilitation and
Vocational Development 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. In
May the first group of 752 young men graduated from year-long courses.
Pretrial Detention.--There were serious problems of lengthy
pretrial detentions, including the detention of people whose unresolved
cases dated from 1994, a consequence of the large number of people
suspected of committing genocide who continued to be held in prisons
and detention centers. The law permits the detention of genocide
suspects until they face trial either in an ordinary court or in the
gacaca court system. Authorities permitted the majority of convicted
prisoners (those who had confessed their genocide crimes) to return to
their families, with prison time to be served after the suspended and
community service portions of their sentences. The law did not provide
for compensation for those acquitted or require credit for time served
prior to conviction. Defendants sometimes remained in prison after
serving their sentences while waiting for an appeal date or due to
problems with prison records.
Except for genocide suspects, the government made strides toward
eliminating the case backlog and reducing the average length of
pretrial detention. During the year the Inspector General of the NPPA
began sanctioning government officials who abused regulations on
pretrial detention with penalties such as fines and suspensions.
Despite progress in shortening pretrial detention in the majority
of cases, there were numerous reports of lengthy pretrial detention and
illegal detention of defendants facing charges of threatening state
security, terrorism, genocide ideology, divisionism, defamation,
contempt for the head of state, and other security-related sensitive
crimes. Such cases were also more likely to experience repeated delays
after trials began.
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 and government officials sometimes attempted to
influence individual cases. Authorities generally respected court
orders.
In June there were 8,119 criminal and 11,264 civil cases pending in
the regular courts, compared with 38,676 cases in October 2010.
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. Judges,
rather than juries, try all cases. Defendants have the right to be
present, question witnesses against them, and present witnesses and
evidence on their own behalf. Defendants also have the right to consult
with an attorney, although few could afford private counsel. Minors are
guaranteed legal representation by law. The law provides for the right
to appeal, and this provision was generally respected. Lawyers without
Borders, the Rwandan Bar Association, and the Legal Aid Forum provided
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 the right to access government-held evidence
relevant to their cases, but courts did not always respect this right.
The numbers of prosecutors, judges, and courtrooms were inadequate to
hold trials within a reasonable period of time.
The RDF routinely tried military offenders in military courts,
which rendered sentences of fines, imprisonment, or both. Military
courts provided defendants with the same rights as civilian courts,
including the right of appeal and access to government-held evidence
relevant to their cases. The law stipulates military courts can try
civilian accomplices of soldiers accused of crimes. Through October
2010 military courts had tried 62 civilians as coperpetrators or
accomplices of military personnel during the year. The government did
not release figures for 2011.
Gacaca courts served as the government's primary mechanism for
adjudicating 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 at trial, not
before. Defendants can present witnesses and evidence on their own
behalf, although witnesses were sometimes reluctant to testify for fear
of reprisals, particularly accusations of complicity in the crimes
alleged. Defendants can appeal gacaca proceedings to sector-level
courts. Defendants are not entitled to legal representation.
Genocide law is designed to encourage confessions in exchange for
reduced sentences, except for Category I crimes (the most severe
crimes, including rape, ``infamous murder,'' genocide instigation, or
playing a leadership role in the planning or commission of genocide).
The majority of individuals are charged with Category II crimes (such
as murder or assault with intent to murder) or Category III crimes
(property crimes). Category II cases are tried in gacaca courts and
Category III cases resolved through gacaca mediation. Since 2007 all
persons convicted by gacaca courts were permitted to serve the
community service and suspended portions of their sentences first, in
order to alleviate prison overcrowding. Category II defendants who
confessed usually served 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. According to an HRW report released in May, the lack of
confidentiality in the gacaca system negatively impacted rape victims,
who had stronger privacy protection in the ordinary courts. The 2008
law also provides for the transfer of approximately 1,200 Category I
genocide cases, already begun in the ordinary courts, to the gacaca
courts. The 2008 law builds on the 2007 law by replacing remaining
prison terms with additional community service once the original
community service portion of a sentence is completed.
By year's end gacaca officials reported having concluded nearly all
gacaca cases, which numbered more than 1.2 million. Fewer than 50
appeals remained pending at year's end.
Poorly qualified judges and ill-defined rules on evidence and
hearsay presented problems. There were reports that local gacaca
officials and citizens abused the process to pursue personal matters,
including making false accusations to acquire land.
According to the May HRW report, which provided a compilation of
the NGO's findings on gacaca courts after observing more than 350 cases
from 2001 through May 2011, fair trial violations also included
instances of trumped-up charges, judges' and officials' intimidation of
defense witnesses, and corruption by judges and parties. Other human
rights observers also voiced concern that witnesses might have given
false testimony and that some suspects falsely confessed to avoid
lengthy prison terms.
Because the government has not authorized gacaca courts to consider
allegations of human rights abuses committed by the RPF during the 1994
genocide, some human rights groups criticized the gacaca courts for
rendering incomplete or one-sided justice and for being biased against
those who acted on behalf of the former government. In response the
government reported that it had prosecuted 46 RPF soldiers, that civil
and military authorities also addressed RPF abuses, and that such
abuses could not be equated with the genocide. HRW claimed that only 36
RPF 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 related to
the genocide were brought against RPF soldiers during the year.
The government held local communities responsible for protecting
gacaca court witnesses and relied on LDF, 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. According to
the genocide survivors' organization Ibuka, threats and violence
against survivors continued to decrease. During the year the task force
supervised joint patrols in rural areas by survivors and security
personnel, employed 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 police,
ordinary courts, and mediators and for the creation of a survivors'
compensation fund.
The International Criminal Tribunal for Rwanda (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.
The remaining political prisoner, former minister of transportation
Charles Ntakirutika, was confined to a special section of Kigali's
``1930'' prison.
Regional Human Rights Court Decisions.--Rwanda has acceded to the
jurisdiction of the African Commission on Human and Peoples' Rights
(ACHPR) and the EACJ and has three judges serving on the courts. On
December 1, the EACJ found Rwanda in breach of the East African
Community Treaty with regards to the illegal detention of Rugigana
Ngabo, brother of Kayumba Nyamwasa, and ordered the government to begin
the trial immediately and pay costs. Rwanda began Ngabo's trial before
a military tribunal on November 28, in advance of the ruling. Rwanda
had no other pending cases before the ACHPR or EACJ.
Civil Judicial Procedures and Remedies.--The judiciary was
generally independent and impartial in civil matters. Mechanisms exist
for citizens to file lawsuits in civil matters, including violations of
their constitutional rights. They can appeal to the ACHPR and the EACJ,
but none did so. The Office of the Ombudsman processes claims of
judicial wrongdoing on an administrative basis.
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,
telephone calls, and e-mail. Media and NGOs reported the government
violated due process requirements in evicting some residents under the
``Guca Nyakatsi'' or ``Goodbye Thatched Roofs'' program to phase out
grass-thatched houses, and under city development projects in Kigali
and Bugesera (see section 2.d.).
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--Status of Freedom of Speech and
Press.--The constitution provides for freedom of speech and press ``in
conditions prescribed by the law.'' The government at times restricted
these rights. The government intimidated and arrested journalists who
expressed views that were deemed critical on sensitive topics or who
were believed to have violated the law or journalistic standards.
Numerous journalists practiced self-censorship.
Freedom of Speech.--The law prohibits the propagation of ideas
based on ``ethnic, regional, racial, religious, language, or other
divisive characteristics.'' Public incitement to ``divisionism,'' which
includes discrimination and sectarianism, is punishable by up to five
years in prison and fines of up to five million Rwandan francs
($8,300). Other statutes forbid displaying contempt for the head of
state or other public officials and carry sentences of up to five years
in prison and fines of up to 10,000 Rwandan francs ($17). 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.
In December 2010 authorities arrested and charged Roman Catholic
priest Emile Nsengiyumva with threatening state security after he gave
a sermon criticizing government family planning programs and the ``Guca
Nyakatsi'' housing program. On July 29, the court convicted Nsengiyumva
and sentenced him to a year and a half in prison.
Unlike in the previous year, there were no reports that organized
groups targeted and killed genocide survivors or witnesses. However,
police investigated at least two cases of violence against genocide
survivors and witnesses. The government asserted the genocide ideology
law was necessary to prevent reincitement to violence, but NGOs and
human rights organizations criticized the law as overly broad and
recommended its repeal or reform.
Freedom of Press.--Vendors sold 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. There were 23 radio stations (six
government-owned and 17 independent) and one government-run television
station.
Under the current Media Law, the Media High Council (MHC) has the
power to suspend newspapers. The law also provides that the following
crimes committed by the media are punishable with penalties provided
for by the penal code: being an apologist for the genocide and genocide
ideology, incitement to discrimination of any form, contempt of the
head of state, and inciting the army or national police to
insubordination. A court may order journalists to reveal their sources
when deemed 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 with training in journalism. Previously practicing
journalists without one of these qualifications must obtain them by
2015 to continue in their positions.
On February 4, the government sentenced Umurabyo newspaper
journalist Saidati Mukakibibi to seven years' imprisonment for
defamation, inciting public disorder, and divisionism, and Umurabyo
editor Agnes Uwimana to 17 years for incitement to civil disobedience,
contempt for the head of state, spreading rumors to cause public
disorder, denying the genocide, and likening President Kagame to Adolf
Hitler.
Violence and Harassment.--Journalists continued to be subject to
arrest and imprisonment, and some journalists reported government and
nongovernment agents harassed and intimidated them due to their
reporting.
For instance, police arrested Joseph Bideri, managing director of
the progovernment English-language daily The New Times, on November 14.
Bideri claimed his arrest resulted from articles published that exposed
corruption in government tenders surrounding a hydropower plant. The
police chief alleged Bideri was called in for questioning because the
news reports were interfering with police and parliamentary
investigations, but that during questioning he was arrested for
``disrespecting and abusing'' the police. Bideri was released the next
day and either resigned or was fired from The New Times in December.
The government did not expel members of the press from the country.
However, several journalists fled the country. For instance, Nelson
Gatsimbazi, Umusingi newspaper general director, left in June after the
state prosecutor filed charges against him for using divisionist
language in a personal altercation with the editor of another
newspaper.
On September 15, a court convicted Didace Nduguyangu of the June
2010 murder of Umuvugizi journalist Jean Leonard Rugambage and
sentenced him to 10 years in prison. The court acquitted a second
defendant, police officer Antoine Karemera. Authorities reported that
Nduguyangu confessed that he killed Rugambage to avenge Rugambage's
alleged murder of his brother during the 1994 genocide. Some observers
asserted the killing was politically motivated, as it occurred the same
day Rugambage's article alleged Rwandan government involvement in the
assassination attempt against Kayumba Nyamwasa (see section 1.a.).
Censorship or Content Restrictions.--The law provides for
censorship and content restrictions relating to some government
documents, individual privacy, slander, and defamation.
On January 18, the government printing house ORINFOR refused to
print an edition of Umusingi that included an interview with former
chief of external security services Patrick Karegeya, whom a Rwandan
military court convicted in absentia on January 14 of divisionism,
threatening state security, forming a terrorist group, undermining
public order, and contempt for the head of state, along with Kayumba
Nyamwasa and two other former government officials.
There were several reports that private printing houses declined to
print newspapers or charged more for sensitive issues. For example, on
August 18, a private printing house, NICA, told Umusingi chief editor
Stanley Gatera that it would not print the paper without payment of an
additional 200,000 Rwandan francs ($333) because of two sensitive
articles. In one article exiled Umusingi owner Nelson Gatsimbazi
reported on diaspora opposition claims that only Tutsi children went to
universities and got scholarships to study abroad, and he countered
that inequality in Rwanda was a problem between rich and poor, not
between Tutsi and Hutu. He agreed with opposition claims that people
disappeared mysteriously or were killed extrajudicially. A second
article by another writer claimed that the government did not protect
worker rights and warned that youth unemployment could lead to
protests.
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 owned and operated the country's only television
station.
Radio stations broadcast criticism of government policies,
including through the use of popular citizen call-in shows.
Libel Laws/National Security.--Defamation (libel and slander) is a
criminal offense punishable by fines and imprisonment. Courts convicted
journalists and others on the charge of threatening state security and
related crimes.
Actions to Expand Press Freedom.--On March 30, the cabinet adopted
a media policy document outlining major reforms to the sector,
including the following: the semiautonomous MHC will no longer be
responsible for media regulation, but rather media development and the
promotion of media freedom; print journalists will self-regulate under
a mechanism to be determined; the government-run broadcasting agency
ORINFOR will transform into the Rwanda Broadcasting Agency (RBA), which
will be regulated by its own board made up of civil society and private
sector individuals; and the Rwanda Utility Regulatory Authority (RURA)
will have such regulatory authority over electronic media (under the
supervision of the RBA's board of directors) as is necessary for the
allocation and use of the electromagnetic spectrum but will devolve
content regulation to the yet-to-be determined self-regulatory
mechanism. The cabinet ordered these reforms to be enacted through new
legislation and changes to existing media legislation. The Office of
the Government Spokesperson replaced the Ministry of Information on
June 30, and on July 1, the cabinet approved new draft legislation on
Access to Information and on the RBA, as well as amendments to the
Media Law, Media High Council Law, and the law governing RURA. These
were introduced before Parliament on August 2. At year's end, all draft
legislation remained under debate in Parliament. The ad hoc committee
finalized amendments to the journalists' code of ethics in September
and took steps to develop a self-regulatory mechanism.
Internet Freedom.--The law does not provide for government
restrictions on access to the Internet, but restrictions such as
website blocking are in place nonetheless. There were reports that the
government monitored e-mail and Internet chat rooms. Individuals and
groups could engage in the peaceful expression of views via the
Internet, including by e-mail, but were subject to monitoring. There
were a few reports that monitoring led to detention and interrogation
by SSF.
The government blocked access to at least three Web sites within
the country, including http://umuvugizi.com, http://leprophete.fr, and
http://africandictator.org. All three sites were critical of the
government. The MHC first ordered Umuvugizi blocked in April 2010 prior
to seeking a court order. It used communication companies to block the
sites.
In June a court convicted journalist Jean Bosco Gasasira of
displaying contempt of the head of state and incitement to civil
disobedience and sentenced him in absentia to two and a half years in
prison for his writings in the online publication Umuvugizi.
Academic Freedom and Cultural Events.--The government generally did
not restrict academic freedom or cultural events. However, on February
9, police arrested university lecturer Lambert Havugintwari on charges
of threatening state security and smuggling grenades into the country
after he gave a controversial lecture. At year's end he remained in
jail and his case was pending. Authorities frequently suspended
secondary and university students for divisionism or engaging in
genocide ideology.
b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The constitution and law provide for freedom of assembly,
and the government generally respected this right in practice. However,
there were exceptions. Authorities legally may require advance notice
for outdoor rallies, demonstrations, and meetings. The government
limited the types of locations where religious groups could assemble,
at times citing municipal zoning regulations as the reason.
Freedom of Association.--While the constitution provides for
freedom of association, the government limited this right in practice.
The law requires private organizations to register, and the government
generally granted licenses without undue delay. However, the government
impeded the formation of new political parties and restricted political
party activities (see section 3). Also the government 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.--See the Department of State's
International Religious Freedom Report at http://state.gov/j/drl/irf/
rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution and law provide for
freedom of movement within the country, foreign travel, emigration, and
repatriation, and the government generally respected these rights in
practice.
The government generally cooperated with the Office of the U.N.
High Commissioner for Refugees (UNHCR) and other humanitarian
organizations in providing protection and assistance to internally
displaced persons, refugees, returning refugees, asylum seekers,
stateless persons, and other people of concern.
Exile.--The law prohibits forced exile, and the government did not
use it. Some political dissidents, journalists, and social activists
who claimed harassment and intimidation by the government departed the
country during the year in self-imposed exile.
Emigration and Repatriation.--Through mid-December Rwanda accepted
7,045 nationals returning from other countries, according to the UNHCR,
most of whom settled in their districts of origin. From 2009 until the
end of 2011 almost 4,000 civilian noncombatants who had been living in
areas of the DRC controlled by the rebel militia group Democratic
Forces for the Liberation of Rwanda (FDLR) returned, according to the
Rwanda Demobilization and Reintegration Commission (RDRC). The
government worked with the UNHCR and other aid organizations to assist
the resettled returnees.
The government continued to accept former combatants who returned
from the DRC as part of the ongoing rapprochement between the two
countries. During the year the government demobilized 766 adult former
combatants from armed groups and rehabilitated 52 children, reuniting
21 with their families. The RDRC, with international support, placed
adult former combatants in a three-month reeducation program at Mutobo
Demobilization Center in Northern Province. The Muhazi Child
Rehabilitation Center treated former child combatants in Eastern
Province. After the three-month reeducation period, each adult former
combatant received approximately 60,000 Rwandan francs ($100) and
permission to return home. Two months later each received an additional
120,000 Rwandan francs ($200).
Internally Displaced Persons (IDPs).--As part of the ``Guca
Nyakatsi'' housing program, the government demolished approximately
47,000 rudimentary grass-thatched huts deemed unsuitable for habitation
and replaced them with mud brick housing with corrugated metal roofs.
Local government officials reportedly demolished a large number of huts
before constructing replacement houses, leaving hundreds homeless for
several months or forcing them to move. According to the Community of
Rwandan Potters (COPORWA), an organization that focused primarily on
Twa community needs, the program disproportionately affected the Twa
minority.
Protection of Refugees.--Access to Asylum.--The country's
constitution and laws provide for the granting of asylum or refugee
status, and the government has established a system for providing
protection to refugees.
The UNHCR, with government support, continued to assist refugees
and asylum seekers. At year's end it had provided temporary protection
to approximately 55,530 refugees, 99 percent of whom were from the DRC.
Other refugees were from Angola, Burundi, Chad, Somalia, and Uganda.
In a joint effort by the UNHCR, Directorate General of Immigration
and Emigration, and Ministry of Disaster Management and Refugee
Affairs, all refugees underwent reregistration to verify the size of
the refugee population and expel Rwandans and other illegitimate
claimants to refugee status. As a result of this effort, the refugee
population was expected to decrease significantly. However, statistics
from the reregistration process were not available at year's end.
Refugee Abuse.--Authorities failed to provide adequate security or
physical protection within refugee camps. The RNP stationed one police
officer part-time at each camp. Camp and RNP officials acknowledged the
camps faced higher crime rates than the rest of the country. Refugees
were free to file complaints with area police stations. While police
issued arrest warrants against some perpetrators, they refused to enter
the camps to execute warrants. When police in Gicumbi arrested a male
refugee from the Gihembe camp on charges of domestic violence, camp
leaders mobbed the police station and successfully demanded the
suspect's release. This incident contributed to a general sense of
impunity within the refugee community, especially in relation to
gender-based violence (GBV).
Employment.--There were no laws restricting refugee employment, but
few were able to find jobs on the local economy. Refugee camps offered
periodic job training programs to assist refugees in finding or
creating income-generating opportunities.
Access to Basic Services.--The government noted it had difficulty
controlling camps that had no fences and populations that regularly
crossed borders. Refugees had access to public education, public health
care, public housing within the refugee camps, law enforcement, courts
and judicial procedures, and legal assistance. The government funded
primary education but did not provide tuition at the secondary and
university levels. Access to law enforcement was limited by the lack of
police presence in the refugee camps.
Durable Solutions.--Rwanda is not a resettlement country for
refugees from third countries. The government assisted the safe,
voluntary return of refugees to their homes but did not facilitate
local integration or naturalization of refugees in protracted
situations.
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, the ruling RPF controlled the
government and legislature, and its candidates continued to dominate
elections at all levels.
Elections and Political Participation.--Recent Elections.--Senate
elections in September were peaceful and orderly, with high turnout.
International observers reported the senate elections met the generally
recognized standards of free and fair elections in most respects but
noted concerns regarding the independence of voters' decisions. The
elections were technically nonpartisan in that candidates could not
identify or exploit party affiliation during the campaign season and
included numerous candidates. Winning candidates typically received 80
percent of the vote. The RPF dominated the Senate elections, winning 11
of 14 seats up for election.
International and local observers noted that election procedures
appeared generally well organized, transparent, and calm. Observers
recorded four unregistered voters casting ballots, a late-sealed voting
box, and a skipped vote for a winning candidate. Several successful
candidates, including non-RPF candidates, remarked that the RPF asked
them to run for office and gave assurances that they would win. Some
voters claimed that they and all other voting RPF members received a
text message from provincial RPF headquarters on the morning of the
election instructing them to vote for particular RPF and non-RPF
candidates. Observers reported a large number of identical ballots.
Observers were able to monitor provincial vote consolidation during
the Senate elections. Observers commented that media coverage was
generally professional and educated citizens on the laws and the
electoral process.
Political Parties.--The constitution outlines a multiparty system
but provides few rights for parties and their candidates. There were
reports that the RPF pressured youth into joining the party during
mandatory ``Ingando'' civic and military training camps held after
secondary school graduation. Some 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 threatening state security. The
government's enforcement of laws against genocide ideology and
divisionism discouraged debate or criticism of the government and
resulted in occasional detentions.
The constitution requires all political organizations to join the
National Consultative Forum for Political Organizations (Party Forum),
which promoted consensus at the expense of political competition. To
register as a political party, an organization must demonstrate
membership in every district, reserve at least 30 percent of its
leadership positions for women, and provide a written party statute
signed by a notary.
Attempts in 2009 and 2010 by the Democratic Green Party (DGP) to
register were impeded. Government officials charged that DGP president
Frank Habineza organized the party as a splinter group of the RPF with
the support of Ugandan intelligence. In July 2010 DGP vice president
Andre Kagwa Rwisereka was killed. Police initially suspected robbery
but later indicated his death may have been over a financial dispute.
Some human rights organizations claimed the killing could have been
politically motivated and called for an independent autopsy by foreign
experts. As of October the investigation continued, but the RNP had not
identified a suspect. Following Kagwa Rwisereka's death, Habineza fled
to Sweden. The DGP thereupon discontinued activities in Rwanda.
Police arbitrarily arrested some members of the DGP, PS-Imberakuri,
and FDU-Inkingi, and members also reported receiving threats because of
their association with those parties.
In accordance with the constitution, which states a majority party
in the Chamber of Deputies may not fill more than 50 percent of cabinet
positions, independents and members of other political parties held key
positions in government including that of prime minister. PS-Imberakuri
was the only registered political party not represented in cabinet.
Participation of Women and Minorities.--The constitution requires
at least 30 percent of the seats in Parliament's Chamber of Deputies be
reserved for women. At year's end there were 10 women in the 26-seat
Senate and 45 women in the 80-seat Chamber of Deputies. Women filled
eight of 26 cabinet positions.
There was one member of the Twa minority in the Senate and none in
the Chamber of Deputies or cabinet.
Section 4. Official Corruption and Government Transparency
The law provides criminal penalties for official corruption, and
the government continued to make implementation of these laws a
national priority. However, corruption remained a problem.
On July 27, NPPA Inspector General Julius Marius Ntete announced
that the government was prosecuting 223 people, including unidentified
government ministers, directors of national institutions, university
heads, and national researchers, for stealing public funds totaling
approximately three billion Rwandan francs ($5 million). The government
issued 22.8 million Rwandan francs ($38,000) in fines and recovered
17.9 million Rwanda francs ($30,000) from officials who voluntarily
returned funds. At year's end the government had successfully
prosecuted 145 individuals, resulting in prison terms of up to 10 years
as well as fines. Prosecutors continued to investigate some cases and
scheduled others for trial.
In September LIPRODHOR reported that a local official in Bugarama,
Rusizi, evicted a number of rice farmers without compensation and
redistributed the land to military and police officers and others who
assisted in the evictions. By year's end the RNP had not responded to
the report.
The NPPA, under MINIJUST, is responsible for prosecuting police
abuse cases. During the year the RNP Inspectorate of Services
investigated 250 cases of police misconduct. The RNP suspended 68
police officers for corruption, abuse of power, or misconduct and
imposed administrative punishment for indiscipline on 176 officers. The
RNP referred criminal offenses committed by police to the NPPA, and
several prosecutions were underway at year's end. The RNP advertised a
toll-free hotline number in the local radio and press and provided
complaint and compliment boxes in many communities to encourage
citizens to report both positive and negative behavior by police and
LDF members.
The Office of the Auditor General worked to prevent corruption,
including by investigations of improper tendering practices at
government ministries. The RNP and the NPPA used the auditor general's
annual report to pursue investigations into government businesses. The
Office of the Ombudsman led the National Anti-Corruption Council and
had an active good governance program and several local level
anticorruption units. The office pursued many corruption cases, the
majority of which involved misuse of public funds. The Rwanda
Governance Board (RGB), formerly the Rwanda Governance Advisory
Council, monitored good governance more broadly and promoted mechanisms
to control corruption. The Rwanda Revenue Authority's Anti-Corruption
Unit had a code of conduct and an active mechanism for internal
discipline. The National Tender Board, RURA, and the National Bureau of
Standards also enforced regulations.
The law provides for annual reporting of assets by public officials
but not public disclosure of those assets. The government reported that
most officials complied with this requirement.
The law does not provide for access to government information, and
it was 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 print.
The government implemented a ``bagging and tagging'' system to
comply with anticipated due diligence requirements of a foreign
government related to conflict minerals. The government banned the
purchase or sale of undocumented minerals from neighboring countries in
March and made efforts to seize smuggled minerals at the border and
within the country. However, observers and government officials
reported that smugglers succeeded in trafficking an unquantifiable
amount of undocumented minerals through the country. A December U.N.
Group of Experts report on the DRC alluded to SSF complicity in such
smuggling, noting that ``RDF soldiers had sentry posts all along the
border'' and charging that ``nothing could cross without their
knowledge.'' Government officials confiscated more than 80 metric tons
of smuggled minerals during the year and returned the minerals to the
DRC government.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A variety of international NGOs and several domestic NGOs operated
in the country, investigating and publishing their findings on human
rights cases. Some domestic NGOs reported 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.
Various domestic NGOs, including LIPRODHOR and the League for Human
Rights in the Great Lakes Region (LDGL), focused on human rights
abuses. LIPRODHOR and the LDGL published their findings and discussed
them with government officials.
In February LIPRODHOR's president reported receiving accusations
and threats regarding the organization's reports. In May one of its
members claimed he had been abducted, interrogated, and tortured by
SSF. In July another member fled the country after allegedly receiving
death threats. The NGO's former executive secretary remained outside
the country.
In August border officials arrested LDGL's president and acting
executive secretary on embezzlement charges. After questioning, the RNP
ordered their release. LDGL's executive secretary remained outside the
country and claimed to continue receiving death threats related to his
work with the organization.
The law on nonprofit associations permits government authorities to
review budgets and the hiring of personnel. Local and international
NGOs often found the registration process difficult. A domestic NGO
must present its objectives, plan of action, and financial information
to local authorities of every district in which it would like to work.
Domestic and international NGOs must reapply to RGB and Directorate
General for Immigration and Emigration, respectively, for registration
each year and must submit yearly financial and activity reports. NGOs
complained these requirements strained their limited resources. The
government threatened legal action against organizations that did not
submit reports or registration paperwork on time. Many organizations
complained that government delays and unpublished requirements caused
late submissions and that the regulatory environment worsened during
the year.
The government generally cooperated with international NGOs.
However, it criticized HRW, Reporters without Borders, Freedom House,
and Amnesty International as being inaccurate and biased. The
government reportedly conducted surveillance on certain international
and domestic NGOs. Some NGOs reported that authorities pressured
individuals affiliated with them to provide information on their
activities.
Several international organizations complained that the government
used the Law on Immigration and Emigration and a May ministerial order
implementing the law improperly to deny visas to some personnel.
A progovernment NGO, the Civil Society Platform, managed and
directed some NGOs through umbrella groups, which theoretically
aggregated NGOs working in particular thematic sectors. Many observers
believed the government controlled some of these groups.
The government completed the country's first Universal Periodic
Review (UPR) with the U.N. Office of the High Commissioner for Human
Rights. The government accepted 67 of 73 UPR recommendations.
Government Human Rights Bodies: 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 4). The Office of the Ombudsman was independent and its
resources adequate.
The government cooperated with the National Human Rights Commission
(NHRC). However, the NHRC did not have adequate resources to
investigate all reported violations and remained biased in favor of the
government, according to many observers.
The ICTR in Tanzania continued to prosecute genocide suspects.
Since 1994 the ICTR had completed 70 cases, with 45 convictions, 15
convictions pending appeal, and 10 acquittals. At year's end there were
five persons on trial, one person awaiting trial, and nine fugitives.
The ICTR approved its first case transfer to Rwanda. The ICTR had tried
no RPF members by year's end, and none were under indictment. The
government continued to claim that calls by human rights groups or
opposition figures for investigation of alleged RPF war crimes
constituted attempts to equate the genocide with much more minor 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.--Rape and Domestic Violence.--The law criminalizes rape and
spousal rape, and the government handled rape cases as a judicial
system priority. 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 prosecutors reported receiving
1,056 cases of adult rape, and police reported investigating 287 cases.
Among those 1,056 cases, 433 were filed in courts, 201 were dropped,
and 422 were pending investigation at year's end. From January through
May, the courts adjudicated 1,090 cases of adult rape and child
defilement, convicting 750 and acquitting 340. Among those convicted,
the courts sentenced 71 to life in prison. 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 from 2006
indicated 31 percent of women and girls over the age of 15 were victims
of domestic violence, and 10.2 percent of women and girls experienced
domestic violence during pregnancy. Police investigated 3,585 cases of
gender-based violence (GBV) during the year. Prosecutors received 363
cases of spousal harassment, exclusive of other forms of GBV, of which
177 were filed in court, 18 were dropped, one was reclassified, and 167
were pending investigation at year's end. Conviction statistics were
unavailable.
The law on the prevention and punishment of GBV provides for
imprisonment of six months to two years for threatening, harassing, or
beating one's spouse. However, most incidents remained within the
extended family and were not reported or prosecuted. Police
headquarters in Kigali had a hotline for domestic violence, an
examination room, and trained counselors who provided access to a
police hospital for more intensive interventions. Several other
government ministries also had free GBV hotlines. Each of the 75 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 of GBV.
During the year the RDF opened a gender desk, and many ministries
established gender focal points. The Isange Center provided one-stop
medical, psychological, and police assistance at no cost to victims of
domestic violence at the Kigali police hospital. The first public
hospital with a one-stop center opened in October near the northwest
border in Rubavu. In May the government hosted training for Rwandan SSF
and others from the region on the prevention, assessment, and treatment
of GBV. In August the RNP concluded a year-long, high-profile campaign
against GBV. In October the government launched a whole-of-government,
multistakeholder campaign against GBV, child abuse, and other types of
domestic violence to coincide with the elevation of the RNP gender desk
to the directorate level. In November the RNP trained two additional
GBV investigators per police station. During the year GBV became a
required module of basic training for all police and military.
Female Genital Mutilation.--The law prohibits female genital
mutilation, and the practice was not known to occur.
Sexual Harassment.--The law prohibits sexual harassment by
employers and provides for penalties of two to five years' imprisonment
and fines from 100,000 to 300,000 Rwandan francs ($165 to $500).
Nevertheless, sexual harassment remained common. According to a
Transparency Rwanda study, 21 percent of female respondents believed
that their salary determination was not objective, and some claimed
their salaries were determined by their willingness to have sex with
company executives. The effectiveness of government enforcement efforts
was unknown.
Reproductive Rights.--The government encouraged citizens not to
have more than three children but respected the right of couples and
individuals to decide freely and responsibly the number, spacing, and
timing of children and to have the information and means to do so free
from discrimination, coercion, and violence. 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. Insurance plans did not
provide adequate coverage for more expensive medical care.
There was a small copayment for obstetric services, but this fee
was waived for women who completed the recommended four antenatal care
visits. Women and men received equal access to diagnostic services and
treatment for sexually transmitted infections. According to the U.N.,
the estimated maternal mortality ratio in 2008 was 540 maternal deaths
per 100,000 live births. Major factors influencing maternal mortality
included lack of skilled attendance at birth and unhygienic conditions.
Between the 2005 and 2010 Demographic and Health Surveys, the use of
modern contraceptives increased from 10 percent to 45 percent and
skilled attendance at birth rose from 39 to 69 percent. The proportion
of babies delivered at a health facility increased from 45 percent in
2007-08 to 69 percent in 2010. The government provided 21 percent of
available contraceptives.
Discrimination.--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 due to lack of knowledge, inheritance issues, polygyny,
and the threat of GBV. After the 1994 genocide, which left many women
as heads of households, women assumed a larger role in the formal
sector, and many operated their own businesses. According to the U.N.
Development Program, nearly one-third of households in the country were
headed by women, and 62 percent of these households were below the
poverty line, compared to 54 percent of households headed by men.
Despite the election in 2008 of a Chamber of Deputies with a female
majority, women continued to have limited opportunities for employment
and promotion. According to the Ministry of Industry and Commerce 2011
Establishment Census, women managed approximately 26 percent of all
formal enterprises. However, men owned key assets of most households,
particularly those at the lower end of the economic spectrum, making
formal bank credit inaccessible to many women and rendering it
difficult to start or expand a business. According to the 2005
Demographic and Health Survey, more than 85 percent of working women
were engaged in agriculture. Seventy-two percent of these women were
self-employed, and 64 percent received 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 led
government programs to address women's issues and coordinated programs
with other ministries, police, and NGOs. This included implementation
of the National Action Plan for the Implementation of U.N. Security
Council Resolution 1325 on Women, Peace, and Security. 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 and children's concerns, particularly those of widows, orphaned
girls, and households headed by children. The government-run Gender
Monitoring Office tracked the mainstreaming of gender equality and
women's empowerment throughout all sectors of society and collected
gender-disaggregated data to inform policy processes.
Children.--Birth Registration.--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.
Education.--Primary education is compulsory. Parents 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.
Child Abuse.--Statistics on child abuse were unavailable. However,
such abuse was common. The government began a high-profile public
campaign against GBV and child abuse in October and conducted training
for police and investigators in November.
Child Marriage.--The minimum age for marriage is 21. There were no
statistics available on child marriage. However, it occurred
occasionally in rural areas and refugee camps.
Sexual Exploitation of Children.--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 defilement and is punishable by 20 years to life in prison
and a fine of 100,000 to 500,000 Rwandan francs ($165 to $830). During
the year prosecutors received 1,219 cases of child defilement, of which
612 were filed in court, 168 were dropped, two were reclassified, and
437 were pending investigation. From January through May, the courts
adjudicated 1,090 cases of adult rape and child defilement, convicting
750 and acquitting 340. Among those convicted, the courts sentenced 71
to life in prison.
During the year the government continued a high-profile public
campaign to discourage intergenerational sex and sexual procurement.
The law prohibits commercial sexual exploitation of children and
child pornography, with penalties of between five and 10 years in
prison and a fine of 200,000 to 500,000 Rwandan francs ($330 to $830).
Police reported investigating one case of forcing a child into
prostitution. Conviction statistics were not available.
Child Soldiers.--The government continued to support the Muhazi
Child Rehabilitation Center in Eastern Province, which provided care
and social reintegration preparation for 52 children who had previously
served in armed groups in the DRC. At year's end 21 of the former child
soldiers were reunited with their families. UNICEF concluded a 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.
Displaced Children.--Approximately 18 percent of the estimated
55,000 refugees in the country were under the age of 18. They had
access to primary education and health care (see section 2.d.).
There were numerous street children throughout the country.
Authorities gathered street children and placed them in foster homes or
government-run facilities, including: eight rehabilitation centers,
which offered psychosocial counseling, education, and reintegration
services; Iwawa Rehabilitation and Vocational Development Center, where
young adults received job training; and three transit centers, where
street children, vagrants, and street sellers were held in substandard
conditions (see section 1.d.).
Institutionalized Children.--The government supported 34 child-care
institutions across the country that provided shelter, basic needs, and
rehabilitation for 3,830 orphans and street children during the year.
The government worked with international organizations and NGOs to
provide vocational training and psychosocial support to orphans and
street children, reintegrate them into their communities, and educate
parents on how to prevent their children from becoming street children.
In August the government announced plans to downsize and eventually
phase out orphanages by integrating orphans and street children with
families.
International Child Abductions.--The country is not a party to the
1980 Hague Convention on the Civil Aspects of International Child
Abduction.
Anti-Semitism.--There was a very small Jewish community, consisting
entirely of foreigners, and there were no reports of anti-Semitic acts.
Trafficking in Persons.--See the Department of State's Trafficking
in Persons Report at http://state.gov/j/tip.
Persons With Disabilities.--The constitution prohibits
discrimination on the basis of physical or mental disability and
establishes the National Council for Persons with Disabilities (NCPD)
to assist in coordinating government efforts to provide for the rights
of persons with disabilities. The law prohibits discrimination against
people with physical, sensory, intellectual, and mental disabilities in
regard to employment, education, access to health care, and the
provision of other state services, and the government generally
enforced these provisions. 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 all of the foregoing
provisions. The NCPD designated one member in the Chamber of Deputies.
The National Union of Disability Organizations in Rwanda (NUDOR)
provided an umbrella civil society platform for advocacy on behalf of
persons with disabilities.
In December 2010 MINALOC conducted a census to establish a database
of persons with disabilities, to be used as a planning tool for
development projects, training for therapists, medical practitioners,
and teachers in special education, including vocational training
programs.
On August 22, the government launched a campaign to enable people
with disabilities to have a barrier-free environment. However, handicap
accessibility remained a problem throughout the country.
Some Rwandans viewed disability as a curse or punishment, which
could result in social exclusion and sometimes abandonment or hiding of
children from the community. From November 26 to December 3, the NCPD
organized the first annual Disability Week, culminating in National
Disability Day on December 3, to sensitize Rwandans to problems faced
by persons with disabilities. On December 23, the NCPD followed up with
the country's first National Day of Children with Disabilities.
There was one government psychiatric referral hospital in Kigali,
with district hospitals providing limited psychiatric services. All
other mental health facilities were nongovernmental. In general
facilities were underequipped and understaffed. Individuals can be
committed by a judge to Ndera Psychiatric Hospital involuntarily but
must be referred by district officials after counseling and
consultations with family members.
There were numerous claims of employment discrimination against
people with disabilities. For example, a recent graduate of the School
of Finance and Banking filed a complaint against the brewery Bralirwa
after it allegedly refused her a job because she was deaf. NUDOR worked
with the NCPD on the resolution of such claims.
Institutes of higher education admitted students with disabilities,
but only the National University of Rwanda and the Kigali Institute of
Education were able to accommodate students with visual disabilities.
However, few disabled students could reach the university level because
many primary and secondary schools were unable to accommodate their
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 most Rwandans knew 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.
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 Twa believed
these government policies denied them their rights as an indigenous
ethnic group. However, the government recognized the COPORWA, an
organization that focused primarily on Twa community needs, as an
advocate for the most marginalized. Most Twa continued to live on the
margins of society with very limited access to health care or education
and were viewed generally as second-class citizens by other Rwandans
(also see section 2.d.).
Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--There are no laws that
criminalize sexual orientation or consensual same-sex conduct. However,
some members of the lesbian, gay, bisexual, and transgender (LGBT)
community reported societal discrimination and abuse. One local LGBT
rights group, the Horizon Community Association (HOCA), opened an
office in Kigali in April but was evicted in August after the landlord
reported pressure from community members. HOCA leaders and staff
reported receiving threats, and several fled the country. There were
some violent physical attacks with anti-LGBT overtones.
The RNP investigated reports of threats to LGBT activists. On March
22, the government signed a U.N. Human Rights Council statement on
``Ending Acts of Violence and Related Human Rights Violations Based on
Sexual Orientation and Gender Identity.''
Other Societal Violence or Discrimination.--Discrimination against
people 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 U.N. guidelines,
members of the military with HIV/AIDS are not permitted to participate
in peacekeeping missions abroad but may remain in the military.
Section 7. Worker Rights
a. Freedom of Association and the Right to Collective Bargaining.--
The law provides all salaried workers, except for certain public
servants, the right to form and join independent unions, conduct legal
strikes, and bargain collectively. These rights were sometimes
abrogated by other provisions of law.
All unions must register with the Ministry of Public Service and
Labor (MIFOTRA). The application process was cumbersome and required
unions to disclose their membership and property.
The law provides some workers the right to conduct strikes, as long
as numerous restrictions are observed. Public servants are not allowed
to strike, and 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 through complex, compulsory arbitration, conciliation, and
mediation processes prescribed by MIFOTRA. The law also allows unions
to negotiate with employers for an industry-level minimum wage in
certain sectors. The law allows unions to conduct their activities
without interference, prohibits antiunion discrimination, and requires
employers to reinstate workers fired for union activity.
The government did not enforce applicable laws effectively and
restricted these rights in practice. Government-led aggregation of
small and medium enterprises into sector-specific cooperatives
precluded unionization and led to the shutdown of unions for moto-taxi
drivers and bus drivers, among others. In addition, local government
officials and employers routinely impeded the right to join or form
unions in practice. Employers often harassed union members and
prevented organized workers from meeting by prohibiting meetings during
work hours. Approximately 30 percent of the total workforce, including
agricultural workers, belonged to unions.
The government severely limited the right to collective bargaining.
The government was heavily involved in the collective bargaining
process since most union members worked in the public sector. The
government also controlled collective bargaining for cooperatives. No
labor unions had an established collective bargaining agreement with
the government, and despite the law, no unions negotiated with
employers for an industry-level minimum wage during the year.
Between December 2010 and February, workers at textile manufacturer
Utexrwa went on strike to protest excessive compulsory unpaid overtime.
MIFOTRA worked with the Central Union of Rwandan Workers (CESTRAR) and
the Congress of Labor and Brotherhood of Rwanda to negotiate an
agreement between Utexrwa and its employees. However, some employees
were fired or laid off during the strike, and their grievances remained
unresolved at year's end.
In August employees at auto dealership Akagera Motors held a strike
to protest unrealized promises to increase salaries. According to union
representatives, President Kagame and several ministers personally
pressured CESTRAR and Akagera Motor employees to preclude a strike.
Akagera Motors eventually agreed to collective bargaining with its
employees.
There were no functioning labor courts or other formal mechanisms
to resolve antiunion discrimination complaints. According to CESTRAR,
employers in small companies frequently intimidated unionists through
the use of transfers, demotions, and dismissals.
b. Prohibition of Forced or Compulsory Labor.--The law prohibits
most forms of forced or compulsory labor, and the government generally
enforced the law. However, forced labor occurred in practice. Prison
authorities assigned prisoners to work details that generally involved
uncompensated public maintenance duties, and community leaders
monitored participation in a monthly community service day called
umuganda. The government required citizens to participate in three
hours of umuganda community service and public works per month as a way
to bring the country together to rebuild from the 1994 genocide. There
were reports that some localities required umuganda more than once a
month. Jehovah's Witnesses performed additional umuganda in exchange
for exemption from LDF commitments.
There were no reports that children in refugee camps were recruited
as combatants in eastern DRC, but children in refugee camps were
sometimes trafficked to Uganda and Kenya as forced laborers. Statistics
on the number of victims removed from forced labor were not available.
The government prosecuted one case of slavery, and the case continued
at year's end. Other forced labor cases may have been tried under
different laws. Government efforts to prevent and eliminate forced
labor focused on trafficking in persons and child labor (see section
7.c.).
Also see the Department of State's annual Trafficking in Persons
Report at http://state.gov/j/tip.
c. Prohibition of Child Labor and Minimum Age for Employment.--The
law prohibits forced or compulsory labor by children. The law does not
prohibit children younger than 16 from working without their parents'
or guardians' permission in the subsistence agriculture sector, which
accounted for an estimated 85 percent of child labor. In other sectors
the law prohibits children younger than 18 from participating in night
work (between 7 p.m. and 5 a.m.), the worst forms of child labor as
defined under International Labor Organization (ILO) Convention 182, or
any work deemed difficult, unsanitary, or dangerous by MIFOTRA. The
2010 ministerial order 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. Other laws prohibit children in military
service, prostitution, or pornography, as well as child trafficking and
slavery. Children must have a rest period of at least 12 hours between
work periods. The minimum age for full-time employment is 18 (16 for
apprenticeships), provided that the child has completed primary school.
The law provides six months to 20 years' incarceration and/or fines of
500,000 Rwandan francs ($830) to 5 million Rwandan francs ($8,300) for
violations. The law applies to contractual employment, but not
unregistered employment such as in agricultural cooperatives, and thus
leaves most working children unprotected. In addition to the national
laws, some districts enacted laws against hazardous child labor,
sanctioning employers and parents for violations.
However, the government did not enforce the law effectively, and
forced child labor and trafficking of children for sexual exploitation
occasionally occurred. Police and labor inspectors received training to
identify potential trafficking victims.
The National Advisory Committee on Child Labor, National Commission
on Orphans and Vulnerable Children, Inter-Ministerial Committee on
Child Rights, and National Commission on Children each have specific
roles in designating responsible agencies and establishing actions to
be taken, timelines, and other concrete measures in relation to the
various national plans and policies related to child protection. By
year's end the National Advisory Committee on Child Labor had not
finalized its 2008 National Policy for the Elimination of Child Labor
and 2007 Five Year Action Plan to Combat Child Labor. At the local
level, 149 local child labor committees monitored incidents of child
labor. The government supported 30 labor inspectors, one in each
district. Although the government was unable to provide them with
adequate resources to identify effectively and prevent the use of child
labor, the inspectors regularly trained employers and local authorities
on child labor issues. The RNP continued to operate a Child Protection
Unit. Child labor reduction and school attendance benchmarks were
enforced as part of district government officials' performance
contracts.
The government continued to work with NGOs to raise awareness of
the problem and to identify and send to school or vocational training
children involved in child labor. The government fined those who
illegally employed children or sent their children to work instead of
school. On August 18, the government closed the Comar Mining
Cooperative and arrested eight persons after discovering 11 children
illegally employed in the mines. Teachers and local authorities
continued to receive training on the rights of children and human
rights. MIFOTRA raised public awareness of the worst forms of child
labor through radio shows, television announcements, and skits. The
government continued efforts to stop child prostitution through a high-
profile public campaign to discourage intergenerational sex and sexual
procurement.
Child labor persisted throughout the agricultural sector, among
household domestics, in small companies and light manufacturing, in
cross-border transportation, and in the brick-making, charcoal, rock-
crushing, and mining industries. Children received low wages and abuse
was common. In addition child prostitution and trafficking of children
were problems. According to a report released in June by the ILO,
UNICEF, and the World Bank Group in partnership with the government,
approximately 260,000 children (9 percent of children between the ages
of five and 17) engaged in child labor.
Also see the Department of Labor's Findings on the Worst Forms of
Child Labor at http://dol.gov/ilab/programs/ocft/tda.htm.
d. Acceptable Conditions of Work.--There was no national minimum
wage, but MIFOTRA set industry-specific minimum wages in the country's
small formal sector. For example, in 2010 the minimum wage in the tea
industry ranged from 500 to 1,000 Rwandan francs per day (approximately
$0.83 to $1.66), while in the construction industry it ranged from
1,500 to 5,000 Rwandan francs a day ($2.50 to $8.30), depending on the
skill level. Minimum wages provided a higher standard of living than
that of the approximately 80 percent of the population relying on
subsistence farming. The government, as the country's largest employer,
effectively set most other formal sector wage rates.
The law provides a standard workweek of 45 hours and 18 to 21 days
paid annual leave, in addition to official holidays. Maternity leave is
set at six weeks with full salary, and an optional additional six weeks
at 20 percent of salary. The law does not provide for premium pay for
overtime, but there are prohibitions on excessive compulsory overtime.
The law provides employers with the right to determine daily rest
periods. In practice most employees received a one-hour lunch break.
The law regulates hours of work and occupational health and safety
standards in the formal wage sector. Workers do 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 labor
standards apply to migrant and foreign workers as to Rwandan nationals.
There are no effective labor standards for the informal sector, which
accounted for 89 percent of all establishments according to the 2011
Establishment Census.
MIFOTRA supported 30 labor inspectors, one in each district, but
the inspectors did not enforce these standards effectively. Penalties
helped to deter the worst forms of child labor as indicated by the
continuing decrease in child labor, the high level of media attention
to arrests for the worst forms of child labor, and action by some key
industries to eliminate child labor. However, the government did not
enforce the law consistently. With regard to adult labor, the many
violations reported to labor unions compared with the relatively few
actions taken by the government and employers to remedy substandard
working conditions suggested that penalties were insufficient to deter
violations.
Some workers accepted less than the minimum wage. Families
regularly supplemented their incomes by working in small businesses or
subsistence agriculture. Most workers in the formal sector worked six
days per week. Violations of wage, overtime, and occupational safety
and health standards were common in both the formal and informal
sectors. Workers in subcontractor and business process outsourcing
sectors were especially vulnerable to hazardous or exploitative working
conditions. Statistics on workplace fatalities and accidents were not
available. There were no major industrial accidents during the year.
__________
SAO TOME AND PRINCIPE
executive summary
The Democratic Republic of Sao Tome and Principe is a multiparty
constitutional democracy. The head of state is President Manuel Pinto
da Costa, who was elected on August 7. The head of government is Prime
Minister Patrice Emery Trovoada, whose party won the most seats in
legislative elections held in August 2010. International observers
deemed both elections free and fair. Security forces reported to
civilian authorities.
Human rights abuses included difficult prison conditions, official
corruption, and violence and discrimination against women.
While the government took some steps to punish officials who
committed abuses, impunity was a problem.
Section 1. Respect for the Integrity of the Person, Including Freedom
from:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the government or its agents committed arbitrary or
unlawful killings.
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
often was inadequate. Extremely high temperatures were frequent and
ventilation was insufficient.
Pretrial prisoners were held with convicted prisoners. There was
one prison and no jails or detention centers. Police stations had a
small room or space to incarcerate offenders for brief periods.
There were a total of 185 prison inmates, of whom 65 were pretrial
detainees and three women. As a result of closure of half the facility
due to building deterioration, there was some overcrowding in the
prison, which was built for 260 prisoners. There were no reports of
prison deaths.
Prisoners and detainees had reasonable access to potable water and
visitors on a weekly basis. They were permitted religious observances.
Authorities permitted prisoners and detainees to submit complaints to
judicial authorities without censorship and request investigation of
credible allegations of inhumane conditions, although there was no
prison ombudsman. Legal representatives from the prosecutor's staff and
court personnel were available to address prisoner grievances. There
was no provision for authorities to use alternatives to sentencing for
nonviolent offenders. Little information was available on prison
recordkeeping.
The Ministry of Justice, Government Reform, and Public
Administration investigated and monitored prison and detention center
conditions.
The government permits human rights monitors to visit the prison,
but 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 2010 the
national police and immigration service were put under the control of
the Ministry of Defense and Public Security. The ministry continues to
supervise and control the military. Despite increased personnel and
training offered throughout the year, police were widely viewed as
ineffective and corrupt.
Civilian authorities maintained effective control over the security
forces. While the government has effective mechanisms to investigate
and punish abuse and corruption, impunity was a problem, and efforts to
reform the Criminal Investigation Police, a separate agency under the
Ministry of Justice, Government Reform, and Public Administration, were
hampered by 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 committing a crime. It 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.
Pretrial Detention.--Lengthy pretrial detention 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, 35 percent of the
country's prisoners were awaiting trial during the year, and
approximately 58 pretrial detainees had been held for more than a year.
The majority of prisoners were 18 to 35 years old.
Amnesty.--Two amnesties were granted to prisoners charged with
nonviolent crimes, once at the end of 2010 and again in August at the
end of former president Menezes' final term in office.
e. Denial of Fair Public Trial.--Although the constitution and law
provide for an independent judiciary, 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
remedies for alleged wrongs.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The constitution and law prohibit such actions, and
the government generally respected these prohibitions.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--Status of Freedom of Speech and
Press.--The constitution and law provide for freedom of speech
including for members of the press, and the government generally
respected these rights in practice. The law grants all opposition
parties access to the state-run media, including a minimum of three
minutes per month on television.
Freedom of Speech.--Individuals could privately or publicly
criticize the government, including specific officials, without fear of
reprisal. There were no reports of the government impeding criticism.
Freedom of Press.--Two government-run and seven independent
newspapers and newsletters were published sporadically, usually on a
monthly or biweekly basis, when resources permitted. 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
rebroadcast locally.
Censorship or Content Restrictions.--Journalists occasionally
practiced self-censorship.
Internet Freedom.--There were no government restrictions on access
to the Internet or reports that the government monitored e-mail or
Internet chat rooms. Individuals and groups could engage in the
peaceful expression of views via the Internet, including by e-mail.
Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.
b. Freedom of Peaceful Assembly and Association.--The constitution
and law provide for freedom of peaceful assembly and association, and
the government generally respected these rights in practice.
c. Freedom of Religion.--See the Department of State's
International Religious Freedom Report at http://state.gov/j/drl/irf/
rpt/.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution and law provide for
freedom of movement within the country, foreign travel, emigration, and
repatriation, and the government generally respected these rights in
practice.
Protection of Refugees.--The law does not specifically provide for
the granting of asylum or refugee status and the government has not
established a system for providing protection to refugees. In practice
the government provided protection against the expulsion or return of
refugees to countries where their lives or freedom would be threatened.
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.--Recent Elections.--
Presidential elections were held on July 17 with a runoff election
August 7. Citizens elected former President Manuel Pinto da Costa with
52.88 percent of the vote. International observers deemed the election
generally free and fair.
The August 2010 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
Trovoada. International observers deemed the election generally free
and fair.
Participation of Women and Minorities.--Women held 10 seats in the
55-seat National Assembly, one of 13 cabinet positions, one seat on the
five-member Supreme Court, and six of the 12 judgeships on the circuit
courts.
Section 4. Official Corruption and Government Transparency
The law provides criminal penalties for official corruption, but
the government did not implement the law effectively, and some
officials were widely viewed as corrupt. The World Bank's 2010
Worldwide Governance Indicators reflected that corruption was a
problem. The police were viewed as ineffective and corrupt.
While no laws provide for public access to government information,
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 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 societal discrimination.
Women.--Rape and Domestic Violence.--Rape, including spousal rape,
is illegal and punishable by two to 12 years' imprisonment. Rape
occurred, with prosecution most likely in cases where there was
evidence of violent assault as well as rape or the victim was a minor.
However, no statistics on prosecutions were available. A government
family planning clinic and nongovernmental organizations (NGOs) sought
to combat rape by raising awareness of the problem.
Widespread reports of domestic violence 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 address their
concerns effectively. Women often were ignorant of their legal rights.
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 UNICEF maintained a counseling
center with a hotline. The hotline did not receive many calls, but the
counseling center received numerous walk-ins.
Sexual Harassment.--The law does not prohibit sexual harassment,
and it was a problem. No data were available on its extent.
Reproductive Rights.--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. 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 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 the
family was provided only in the government clinic. Men and women
received equal access to diagnosis and treatment for sexually
transmitted infections, but women were more likely than men to seek
treatment and refer their partners. No information was available on
incidence of maternal mortality.
Discrimination.--The constitution stipulates that women and men
have equal political, economic, and social rights. Women did not
experience economic discrimination. While many women had 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 opportunity to enter a profession. 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.--Birth Registration.--Citizenship is acquired either
through parents or by being born within the country. Either parent, if
a citizen, can confer citizenship on 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 office. Failure to register
a birth can be penalized by a fine.
Education.--By law education is universal, compulsory through sixth
grade, and tuition-free to the age of 15 or sixth grade.
Child Abuse.--Mistreatment of children was not widespread; however,
there were few protections for orphans and abandoned children.
Sexual Exploitation of Children.--There were no 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.
Displaced Children.--The Ministry of Health and Social Affairs
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.
International Child Abductions.--The country is not a party to the
1980 Hague Convention on the Civil Aspects of International Child
Abduction.
Anti-Semitism.--There is no known Jewish community and there were
no reports of anti-Semitic acts.
Trafficking in Persons.--In 2011there were no confirmed reports
that persons were trafficked to, from, or within Sao Tome and Principe.
Persons With Disabilities.--The law does not prohibit
discrimination against persons with physical, sensory, mental, or
intellectual disabilities. Nevertheless, there were no reports of
discrimination against such persons. The law does not mandate access to
buildings, transportation, or services for persons with disabilities.
Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--No law criminalizes consensual
same-sex sexual activity, but there were occasional reports of societal
discrimination based on sexual orientation.
Other Societal Violence or Discrimination.--Persons with HIV/AIDS
often were rejected by their communities and shunned by their families.
However, there were no reports of discrimination due to HIV/AIDS
status. There were a number of government-sponsored workshops and
awareness campaigns to reduce such discrimination. The government
provided free HIV/AIDS testing and distributed antiretroviral drugs to
all recognized patients.
Section 7. Worker Rights
a. Freedom of Association and the Right to Collective Bargaining.--
The constitution and law allow workers to form and join unions of their
choice without previous authorization or excessive requirements. 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. 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. Under the provision concerning ``minimum services,'' in the
event of disagreement in determining such services, the matter will be
determined by the employer (instead of an independent body). The law
also requires compulsory arbitration for services, including postal,
banking, and loan services. The constitution and law state that workers
may organize and bargain collectively. No particular groups of workers
were excluded from the aforementioned legal protections.
The government effectively enforced the laws and workers generally
exercised these rights in practice. For example, there were no reports
that antiunion discrimination occurred. Although the law provides for
the right to strike, no strikes occurred during the year.
Workers' collective bargaining rights remained 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 attempts by unions or workers to
negotiate collective agreements during the year.
b. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, including by children, and there were no
reports or evidence that such practices occurred.
c. Prohibition of Child Labor and Minimum Age for Employment.--
There are laws to protect children from exploitation in the formal
sector workplace. The law sets the minimum age for normal work at 14
years and the minimum age for hazardous work at 18 years. The law
prohibits minors from working more than seven hours a day and 35 hours
a week, and the government effectively enforced the law. Employers in
the formal wage sector generally respected the legally mandated minimum
employment age of 18. Children worked in informal commerce, including
street work and begging. Children also reportedly performed light work
in agriculture and domestic service. 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.
A media campaign aimed at preventing child labor continued during
the year. The Ministry of Education mandated compulsory school
attendance through 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
inspect work sites.
d. Acceptable Conditions of Work.--There is no national minimum
wage. The legal minimum wage for civil servants was 750,000 dobras
($40) per month. 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. 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 largely family-owned cocoa
farms--the largest informal wage sector--were unregulated and harsh.
The low purchasing power of average salaries for agricultural workers
was further eroded by inflation.
The Ministry of Justice, Government Reform, and Public
Administration 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. Reliable data on
workplace fatalities or accidents was not available. Employees have the
right to leave unsafe working conditions, but none sought to do so, and
enforcement of the right was very limited. Government is the largest
employer, and the standards on hours of work and health and safety were
effectively enforced in that sector.
__________
SENEGAL
executive summary
Senegal is a moderately decentralized republic dominated by a
strong executive branch. In 2007 Abdoulaye Wade was reelected president
for a five-year term in an election generally viewed as free and fair,
despite sporadic incidents of violence and intimidation. Also 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. Security forces reported to civilian authorities.
The most significant human rights problems included reports of
physical abuse and torture; limits on freedoms of speech, press, and
assembly; and corruption.
Other major human rights problems included the following: inhuman
and degrading treatment of detainees and prisoners, including
overcrowded prisons; questionable investigative detention and long
pretrial detention; lack of an independent judiciary; 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.
Impunity existed for security forces and other actors. No
prosecutions or investigations of government officials, including law
enforcement or security officials, who allegedly committed abuses, were
closed during the year.
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 May 30, the commander of a paramilitary police (gendarmerie)
station in Sangalkam shot and killed protestor Malick Ba during a
demonstration against a government decision to replace local elected
officials with government appointees. Samba Sarr, the police station
commander who shot Ba, was moved to another police station; however, no
charges were filed in the case.
Park ranger Yaya Sonko, who shot and killed fisherman Moustapha
Sarr in July 2010, was provisionally released in February pending his
trial by a military tribunal, which began in October.
On April 11, the prosecutor ordered an investigation into the death
of Abdoulaye Wade Yinghou, who died in July 2010 while in police
custody. A postmortem indicated that Yinghou suffered a broken cervical
vertebra, wounds from sharp instruments, and lung injuries.
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 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 detainees, 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.
On April 16, three human rights groups called for an investigation
into the death of Aladji Konate in the town of Bakel. Following
Konate's arrest by gendarmerie forces, his body was found naked on the
banks of the Senegal River and exhibited evidence of torture. As of the
end of the year, authorities had opened no formal investigation.
On May 6, the African Assembly for Human Rights (RADDHO), a local
human rights organization, accused officers at the Nord Police Station
in St. Louis of torturing Yatma Fall, who had been arrested for
gasoline theft along with an accomplice. According to RADDHO,
investigators extracted confessions from Fall under torture; RADDHO
also cited a report by a doctor at St. Louis Hospital which concluded
that Fall had suffered physical abuse. In April the prosecutor dropped
charges against Fall, who later filed a suit against police that
remained pending at the year's end.
Prison and Detention Center Conditions.--Prison and detention
center conditions were harsh, and no new prisons have been built since
1960. The local nongovernmental organization (NGO) National
Organization for Human Rights identified overcrowding and lack of
adequate sanitation as major problems. There were 37 prisons with a
designed maximum capacity of 3,000 prisoners. According to Ci-Biti, an
NGO specializing in prisoners' rights, 7,300 individuals were held in
prison facilities in 2010, approximately 3,000 of whom were in pretrial
detention. A U.N. study group on pretrial detention visited the country
in 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 long pretrial detention, prolonged police custody
beyond the legal time limit, and detainees' lack of access to attorneys
for 48 hours after arrest.
Men and women were held in separate facilities. The conditions in
which women prisoners were held were generally considered to be
superior to the conditions in which males were held. 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 were generally allowed
reasonable access to visitors and were permitted religious observance.
Local NGOs reported that prisoner separation regulations were not
always enforced. Pretrial detainees were occasionally held with
convicted prisoners, and juveniles were occasionally held with adults.
Prisons lacked doctors and medicine. There was one mattress for
every five detainees. Prisons experienced drainage problems and
stifling heat. They were infested with insects, and food was of low
quality. Prisons usually were 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. Members of the International Committee of the Red
Cross also visited prisons in Dakar and Casamance, where 20 MFDC
members were held on various criminal charges.
In September 2010 Abdoulaye Babou, chairman of the Law Committee of
the National Assembly, and 10 other members of parliament visited the
prisons of Louga and Fatick. They regretted 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 francs CFA ($1.00) per prisoner per day; 450 francs CFA ($0.90) for
daily meals and 50 francs CFA ($0.10) 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.
There were no significant efforts to modernize record keeping
during the year. In general, efforts at computerizing record keeping
were impaired by the irregular power supply at many government
facilities and inadequate training of government personnel on
computerized systems. A lack of funding precluded significant
modernization or improvement of prison facilities.
d. Arbitrary Arrest or Detention.--The constitution and law
prohibit arbitrary arrest and detention. The government generally
observed these prohibitions, although NGOs and the media reported that
police often forcibly dispersed unauthorized marches, arbitrarily
arrested individuals, and released them several hours later.
On March 19, immediately prior to a scheduled day of protest, the
minister of justice announced that a coup plot had been uncovered and
that four youths had been arrested for planning actions around the
capital ``to create panic and cause fatalities.'' However, on March 22,
the government announced there was no concrete evidence the four
detainees intended to overthrow the government, and the individuals
were released.
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
is 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. The DIC did not close any investigations
in 2011 and was not effective in addressing impunity or corruption
among police.
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
(eight days) without being formally charged.
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
examination and possibly access to family; however, family access was
not allowed generally. The accused has the right to an attorney, and an
attorney is provided at public expense in felony cases to all criminal
defendants who cannot afford one, after the initial period of
detention. Attorneys are not always provided for defendants in
misdemeanor cases. A number of NGOs also provided legal assistance or
counseling to those charged with crimes.
Arbitrary Arrest.--The government used security forces, especially
the DIC, to harass journalists and arrest political opponents and civil
society leaders (see sections 2.a. and 2.b.).
Pretrial Detention.--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
U.N. study group on pretrial detention criticized the country for its
use of long pretrial detention.
In July several human rights activists expressed concern about the
government's decision to postpone, allegedly for financial reasons,
pretrial sessions for 41 detainees held under felony charges. Human
rights activists maintained that the postponement was in breach of the
2008 code of criminal procedure that mandates such sessions should be
held every four months, and that it would unduly prolong the pretrial
detention of the 41 detainees in Dakar, Kaolack, Ziguinchor, and
Tambacounda.
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 caseloads, 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 committed by military personnel. 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, confront
witnesses, present evidence and witnesses, and 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 whether to refer a case for trial, they
do not always have access to all evidence against a defendant presented
prior to trial. Police or prosecutors may limit access to evidence. 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.--On July 25, Oumar Cyrile Toure
(also known as Thiat), a rapper and leader in the ``Y En a Marre''
movement, was detained following a speech he gave at a July 23 rally in
which he said that ``a 90 year old liar cannot lead the country.''
Following a 25-hour detention by the DIC, Toure was released without
charge on July 26 (see section 2.b., Freedom of Assembly).
On October 20, opposition figure Malick Noel Seck was sentenced to
two years in prison for contempt of court and issuing a death threat in
an open letter he wrote to the Constitutional Council protesting
President Wade's running for a third term. Numerous human rights groups
considered Seck's conviction to be politically motivated and disputed
the charges were legitimate.
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 numerous instances of combat between MFDC and army
soldiers, as well as between MFDC factions. The army conducted several
sweeps in the area of Sindian in northern Casamance, close to the
Gambian border, around the regional capital Ziguinchor, and in the area
of Oulampane in northern Casamance. An estimated 83 people were killed
as a result of the Casamance conflict during the year: 36 Senegalese
soldiers, 14 civilians, and approximately 33 MFDC rebels.
No civilian landmine-related deaths were noted during the year,
indicating that awareness campaigns about land mines have been somewhat
effective. However, some observers noted an increased use of land mines
by the MFDC. Two civilian women were injured in a landmine attack on
March 27 in Diankadiou, North Sindian. Handicap International continued
work on an antimine campaign under the supervision of and in
coordination with the National Mine Action Center, a governmental
organization.
Several landmine accidents killed soldiers.
MFDC rebels committed several highway robberies in the Casamance.
Two civilians were killed in suspected MFDC robberies or attacks during
the year.
On January 19, a 30-year-old Senegalese woman was kidnapped,
beaten, and raped by suspected MFDC rebels near the village of
Teidouboune. Senegalese soldiers found her body with fatal gunshot
wounds the following day.
On January 28, a motorcyclist was ambushed and killed by suspected
MFDC rebels near Bignona.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--Status of Freedom of Speech and
Press.--The constitution and law provide for freedom of speech
including for members of the press; however, the government limited
these rights in practice, and security forces and politicians
intimidated or harassed journalists during the year.
Freedom of Speech.--Individuals generally could criticize the
government publicly or privately without reprisals.
Freedom of Press.--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 regulates
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), five privately owned television channels broadcast
during the year. By law the government must hold a majority interest in
the 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's selective provision of 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 newspaper Le Messager, and radio stations Anur FM and
Radio Municipale de Dakar, were created solely to refute antigovernment
criticism.
The international media were active and expressed a wide variety of
views without restriction.
Violence and Harassment.--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
and private citizens for libel.
For example, on July 13 four journalists affiliated with the
independent Wal Fadjiri media network (Abdourahmane Camara, Charles
Gaiky Diene, Yakhya Massaly, and Mohamed Mboyo) were detained by the
DIC following the publication in the Wal Fadjiri newspaper of an
article entitled ``Liars, Abusers, Hijackers: The Thugs of the
Republic.'' They were released without charge after several hours.
On September 25, three journalists of the newly established
privately owned daily newspaper La Tribune were released after being
detained overnight at the police headquarters. Felix Nzale, managing
director, Ahmet Bachir Ndiaye, reporter, and Mamadou Diop, a
photojournalist, were accused of discrediting the police in a front-
page story on September 23 and its accompanying photographs that
accused the police of using high-handed measures in the quelling of a
demonstration. Police said the photographs were fake; the journalists
claimed the pictures were genuine.
Censorship or Content Restrictions.--Journalists practiced self-
censorship, and selective government media assistance appeared to favor
those outlets more friendly to the administration.
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, were of concern to
journalists. The government frequently used subsidies, and in a few
cases threats and intimidation, to pressure the media not to publicize
certain issues.
Libel Laws/National Security.--The law criminalizes libel and the
law is used to harass and discourage investigative reporting.
The NGO Reporters Without Borders reported that on April 14, Abdou
Latif Coulibaly was given a suspended jail sentence of three months and
fined 10 million francs CFA ($20,000) for investigative journalism
accusing a businessman close to the president of fraudulent dealings
with the government. This was the second suspended sentence and fine on
Coulibaly since 2010, when a libel charge was brought by a presidential
advisor.
Internet Freedom.--There were no government restrictions on access
to the Internet, or reports that the government monitored e mail or
Internet chat rooms. Individuals and groups could engage in the
peaceful expression of views via the Internet, including by e mail.
Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.
b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--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 May 26, police used teargas to disperse a meeting called by the
Postal Workers Union (SNTPT) at its Medina office.
On June 5, police arrested four leaders of the ``Y En a Marre''
movement and their local coordinator in Mbacke. The group of rappers
and journalists were on a countrywide tour to promote voter
registration, particularly among youth. The group's initial request for
permission to hold a concert and an awareness campaign was denied.
Following a radio interview by the group, four leaders of the movement
were arrested by police, but released without charge several hours
later (see section 1.e., Political Prisoners and Detainees).
On June 23 and 27, large demonstrations and riots took place to
protest proposed constitutional changes and power outages. On June 23,
police employed teargas and concussion grenades to control a large
crowd that had assembled downtown in front of the National Assembly. On
June 27, widespread riots developed in Dakar and its suburbs. Thousands
of rioters blocked major roads, ransacked homes of government
officials, and set fire to dozens of vehicles. Police attempted to
disperse the crowds in Dakar and Mbour with teargas, but the riots were
largely uncontrolled. For the first time in more than 20 years, the
military was deployed for possible crowd control purposes but did not
directly engage the demonstrators on June 27.
Freedom of Association.--The constitution and law provide for
freedom of association, and the government generally respected this
right in practice.
c. Freedom of Religion.--See the Department of State's
International Religious Freedom Report at http://state.gov/j/drl/irf/
rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution and law provide for
freedom of movement within the country, foreign travel, emigration, and
repatriation, and the government generally respected these rights in
practice.
The government generally cooperated with the Office of the U.N.
High Commissioner for Refugees (UNHCR) and other humanitarian
organizations in providing protection and assistance to internally
displaced persons, refugees, asylum seekers, and stateless persons.
Foreign Travel.--Some public employees, including teachers, are
required by law to obtain government approval before departing the
country; however, this law was not generally enforced.
Internally Displaced Persons (IDPs).--During the 29-year 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
10,000 IDPs remain in the Casamance, although this number tended to
fluctuate with the ebb and flow 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.
During the year the government supplied food to and enrolled
children of IDPs in local schools in Ziguinchor.
Protection of Refugees.--Access to Asylum.--The country's laws
provide for the granting of asylum or refugee status, and the
government has established a system for providing protection to
refugees. Since the president must approve each case, delays of one to
two years in granting refugee status remained a problem. 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 are 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 UNHCR, as of January there were 2,177 asylum
seekers in the country.
Nonrefoulement.--In practice the government provided some
protection against the expulsion or return of refugees to countries
where their lives or freedom would be threatened on account of their
race, religion, nationality, membership in a particular social group,
or political opinion.
Durable Solutions.--Since 1989 the country has offered temporary
protection to Mauritanian refugees, who generally lived in dispersed
locations in the Senegal 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. The government and UNHCR
completed the registration process, and new refugee cards were issued
in October.
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 January approximately
20,500 had been repatriated. Repatriations were temporarily stopped in
January 2010 due to the internal sociopolitical situation in Mauritania
but resumed in October 2010. Repatriations halted again briefly in
December 2010 but resumed in January. UNHCR reports that 380
Mauritanian refugees were repatriated during the year.
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.
Elections and Political Participation.--Recent Elections.--In 2007
President Wade was reelected to a constitutional five-year second term
with approximately 55 percent of the vote. International observers
declared the voting to be generally free and fair; however, there were
irregularities, especially in the issuance of voter cards, and pre-
election violence. Many opposition parties did not accept the election
results and unsuccessfully petitioned the Constitutional Council to
void the election.
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
presidential appointment. The main opposition parties boycotted the
Senate elections, since the president appoints the majority of Senate
seats.
Political Parties.--The 150 registered political parties generally
operated without restriction or outside interference.
Participation of Women and Minorities.--In May 2010 the National
Assembly passed a law on gender parity that provides women equal access
to all elected assemblies and management boards of totally or partially
owned government companies. At year's end, there were 37 women in the
150-seat National Assembly and nine women in the 40-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
officials often 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 term.
The World Bank's most recent 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 Non-transparency, Corruption, and
Government Fraud had no authority to investigate or 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.
Several meetings to decide matters of great import to the people of
Senegal were held behind closed doors and without stakeholder or civil
society participation in decision making or access to the proceedings.
The NGO Article 19 reported on November 15 that the public and civil
society groups were excluded from participating in the decision-making
process for privatization of water resources.
During the year the Agency for Regulation of Public Markets (ARMP)
published on the Internet its investigations into procurement code
violations that occurred in 2009. The investigation reports were long
and detailed, but did not result in any criminal prosecutions. ARMP has
a mandate to publish its investigation report findings regardless of
government consent.
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 but rarely responsive to their findings. Some
human rights organizations alleged that their telephones were regularly
tapped during the year and violence against human rights leaders
occurred (see section 1.c.).
Death threats against leaders of opposition political parties,
unions, journalists, NGOs, and senior officials were common and
generally were believed to originate from the ruling party.
For example, Alioune Tine, the head of RADDHO, was attacked and
brutally beaten by individuals thought to have been paid by the
government. Tine claims the attack was organized by Farba Sengor, a
well-known associate of President Wade, and that Sengor participated in
the attack. Tine was hospitalized after the beating and remained in a
coma for several days.
U.N. and Other International Bodies.--In 2008 the constitution was
amended to allow retroactive prosecution on charges of torture and
crimes against humanity of former Chadian dictator Hissene Habre, who
has lived in exile in the country since 1990. Donors worked with the
government to formulate a feasible budget and, in November 2010,
pledged approximately $11,350,000 to finance the trial. At the same
time, the Court of Justice of the Economic Community of West African
States (ECOWAS) released a ruling that concurred with charges brought
by Habre's lawyers against Senegal, arguing that Senegal made its
criminal laws retroactive for the sole purpose of prosecuting Habre and
thus had violated his rights. The African Union and the EU urged that
the trial should proceed despite ECOWAS' decision.
In a February 7 interview with a French newspaper, President Wade
expressed his opposition to trying Habre in Senegal, saying he was
``finished'' with the case following the ECOWAS court decision. On July
8, President Wade's office announced that Habre would be expelled to
Chad on July 11. However, on July 10, the Foreign Ministry declared
that Habre's expulsion had been ``suspended'' based on a request by the
U.N. High Commissioner for Human Rights.
Government Human Rights Bodies.--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, 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 Habre.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution provides that men and women are equal under the
law and prohibits discrimination based on race, gender, disability,
language, or social status. However, gender discrimination was
widespread in practice, and antidiscrimination laws, in particular laws
against violence against women and children, generally were not
enforced.
Women.--Rape and Domestic Violence.--Rape was widespread. 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. NGO's criticized the lack of
shield laws for rape; the law 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 went unpunished and were
released without trial, but was unable to provide more recent
estimates.
On August 8, up to 15 local human rights organizations publicly
called for a halt to gang rape and the end of impunity for such crimes.
They denounced the fact that, during violent protests on June 27, a
group of men took advantage of the lack of electricity and unrest to
rape several women present at a bar/restaurant in the Dakar
neighborhood of Dieupeul. The group also condemned a separate incident
that took place on July 31 in the Guediawaye suburb of Dakar. Following
a wrestling match and subsequent power shutdown, a group of men
reportedly raped a number of female fans who had gathered in front of
the house of wrestler Balla Gaye to celebrate his victory. At the end
of the year no arrests had been made in the two incidents.
Domestic violence, including spousal abuse, was a widespread
problem. The Ministry of Justice is responsible for combating domestic
violence. Several women's groups and the NGO Committee to Combat
Violence Against Women and Children (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 francs CFA ($60) to
500,000 francs CFA ($1,000), 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 suits on behalf of victims. The
Ministry of Women, Family, Social Development, and Women's
Entrepreneurship was responsible for ensuring the rights of women.
The government-run Ginddi Center provided shelter to women and
girls who were victims of rape or early marriage, in addition to street
children.
Female Genital Mutilation (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. Prevalence of the practice in those over 10 years of age is
reported to be less than 6 percent (see ``Children'' later in this
section).
Sexual Harassment.--The law mandates prison terms of five months to
three years and fines of 50,000 to 500,000 francs CFA ($100 to $1,000)
for sexual harassment; however, the practice was common. The government
did not effectively enforce the law, and women's rights groups claimed
victims of sexual harassment found it difficult, if not impossible, to
present sufficient proof to secure prosecutions.
Sex Tourism.--There were instances of sex tourism. For example,
there were reports that European tourists in the Saly district of Mbour
sought sexual services.
Reproductive Rights.--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
Demographic Health Surveys, skilled personnel attended approximately 65
percent of births and prenatal care was provided in 93 percent of
cases. According to UNICEF, the maternal mortality ratio (the ratio of
the number of maternal deaths per 100,000 live births) was 410 in 2008.
The Ministry of Health estimated that a majority of maternal deaths in
childbirth could be prevented through the assistance of skilled
personal and the availability of emergency obstetrical services. 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. The U.N. Population Fund 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.
In an effort to improve maternal and infant mortality rates, on
February 3 the Ministry of Health announced that costs for cesarean
sections within the district of Dakar would be covered by the
government.
Discrimination.--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 to 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 authorities.
However, it was also 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.--Birth Registration.--Citizenship is acquired by birth or
naturalization. Only the father can automatically transmit nationality
to legitimate children; a woman can if her husband is stateless.
Legitimate children born to Senegalese women with foreign husbands have
the option to acquire citizenship between the ages of 18 and 25.
Illegitimate children acquire the citizenship of the first-known parent
at birth 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.
Education.--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. Sexual harassment by school staff and early pregnancy also
caused the departure of girls from school. According to the most recent
UNICEF data, 45 percent of girls and women ages 15-24 were literate,
compared with 58 percent of boys and men of the same ages. While
roughly equal numbers of boys and girls were enrolled in primary
education, UNICEF reported that 28 percent of boys were enrolled in
secondary education compared with 22 percent of girls.
Child Abuse.--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 UNICEF, the International Labor Organization (ILO), the World
Bank, and the NGO 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 (HRW) in April 2010
estimated 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 francs CFA ($0.80)
per day.
Child Marriage.--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 it is against the
law. Girls, sometimes as young as nine, were married to older men.
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 of girls younger than 16, but this law was
generally not enforced in most 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.
According to UNICEF data, 39 percent of women between the ages of 20
and 24 were married before the age of 18.
Harmful Traditional Practices.--Almost all girls in the country's
northern Fouta Region were FGM victims before adulthood, as were 60 to
70 percent of girls 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 ethnic groups,
particularly in rural and some urban areas. According to a survey on
health and demographics by the National Institute for Statistics, the
practice of FGM decreased slightly from 28 percent in 2005 to almost 26
percent in 2011.
The government collaborated with the NGO Tostan and other groups to
educate persons about FGM's inherent dangers. Tostan reported no real
improvement over 2010 with 817 communities still practicing FGM. Tostan
worked with 522 villages.
Sexual Exploitation of Children.--The law provides that convicted
sexual abusers of children receive five to 10 years' imprisonment. If
the offender is a family member the maximum is applied. 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 francs CFA ($600 to
$8,000). If the crime involves a victim younger than 13, the maximum
penalty is applied. However, the law was not effectively enforced.
Rape of children remained a problem. The director charged with
protection of children's rights reported an estimated 400 cases of rape
between 2008 and 2009; however, this figure likely greatly
underestimated the reality. No more recent data was available.
On May 9, Jean Delhoune, a 72-year-old French citizen, was arrested
in Mbour on charges of pedophilia after having been caught assaulting
three underage girls in a villa. The media reported that Delhoune had
been caught in the course of a larger investigation into an underage
prostitution network.
On May 17, media reported that Oumar Gallo Ba, a leader in the
youth wing of the ruling party, was arrested in the eastern city of
Tambacounda for the rape and subsequent pregnancy of an underage female
student. After his arrest, Ba agreed to marry the girl after she gave
birth and pay her a monthly stipend. The prosecutor recommended the
case proceed to trial, and the case was pending at year's end.
Due to social pressures and fear of embarrassment, incest remained
taboo and often went unreported and unpunished.
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 francs CFA ($600 to $8,000).
Pornography is prohibited and pornography involving children under
the age of 16 is considered pedophilia.
Infanticide.--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. If the identity of the
mother was discovered, police arrested and prosecuted her.
Displaced Children.--Many children displaced by the Casamance
conflict often lived with extended family members, neighbors, in
children's homes, or on the streets. The government failed to support
these children effectively. According to NGOs in Casamance, displaced
children suffered from the psychological effects of conflict,
malnutrition, and poor health.
International Child Abductions.--The country is not a party to the
1980 Hague Convention on the Civil Aspects of International Child
Abduction.
Anti-Semitism.--There were approximately 100 resident Jews in the
country; there were no reports of anti-Semitic acts.
Trafficking in Persons.--See the Department of State's Trafficking
in Persons Report at http://state.gov/j/tip.
Persons With Disabilities.--The law prohibits discrimination
against persons with disabilities in employment, education, access to
health care, and the provision of other state services, and the
government somewhat effectively enforced it. The law also mandates
accessibility for persons with disabilities; however, there remained a
lack of infrastructure to assist them, including in appropriately
accessing voting sites. 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 failed to issue the 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.
Mental health treatment was not generally available, and incidents
of abuse of the mentally disabled were common.
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 has been characterized by
grievous human rights abuses.
Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--Consensual same-sex 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 often faced criminal
prosecution and widespread discrimination, social intolerance, and acts
of violence.
The media failed to report acts of hatred or violence against LGBT
persons. In November 2010 HRW 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 fostered such violence. While the cases cited
in the report were from 2009 and earlier, NGO observers speculated that
the drop in cases reported during the year was due to several factors.
First, violence against gay men and lesbians might have caused many
LGBT persons in the country to go underground. Second, increased
international attention might have caused the government to curtail
prosecutions and other official discrimination. A report by the Panos
Institute West Africa released on July 20 found that local media
contributed to negative societal attitudes toward LGBT persons.
Finally, successful legal challenges to the law used to prosecute gays
and lesbians for consensual sexual activity may have helped curtail its
use by prosecutors.
Other Societal Violence or Discrimination.--As a result of
government and NGO HIV/AIDS awareness campaigns, persons with HIV or
AIDS increasingly were accepted in society.
The law protects 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.
Section 7. Worker Rights
a. Freedom of Association and the Right to Collective Bargaining.--
By law all workers except security forces, including police and
gendarmes, customs officers, and judges, are free to form and join
unions. 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.
Antiunion discrimination is prohibited by law.
The law allows the right to strike; however, certain regulations
restrict this right in practice, and the law was not effectively
enforced. 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. The right to strike is further restricted by the
power of authorities to requisition workers to replace those on strike.
The labor code does not apply to the informal sectors, and thus
excludes the majority of the workforce, including subsistence farmers
and those employed in many family businesses.
The law allows unions to conduct their activities without
interference, and workers exercised the right to form or join unions in
practice. However, antiunion sentiment within the government was
strong.
The law provides for the right to collective bargaining. However,
collective bargaining agreements only apply to an estimated 44 percent
of union workers. Trade unions organize on an industry-wide basis, very
similar to the French system of union organization. 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 right of association. Nevertheless, there
were no confirmed reports of antiunion discrimination activities during
the year. Some newspapers have reported legal action against union
leaders, for example in the telecommunications industry, but there were
no reports of people being harassed for being a union member.
Transportation, health, lawyers, telecommunication workers, waste
collection workers, and fishermen staged several strikes during the
year.
b. Prohibition of Forced or Compulsory Labor.--The law prohibits
all forms of forced or compulsory labor, including by children;
however, such practices occurred. The predominant type of forced labor
was forced begging by talibes, where young boys were forced to beg for
food/money by the teachers at Islamic schools. Parents living in
villages sent their children to these schools to get an Islamic
education, but in a cruel bait-and-switch, the children wound up
begging instead. Many religious instructors in Qur'anic schools brought
talibes 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. Talibes occasionally
worked in small-scale agriculture and harvested cashews, mangoes, and
oranges. In the Casamance region, talibes working in the fields were
exposed to land mines left from the war.
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 met 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 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. Funding continued
to be available for existing schools but was insufficient to allow the
opening of additional schools, although the budget for the Ministry of
Preschool, Elementary School, Middle and Secondary Schools and National
Languages rose over the last three years.
Also see the Department of State's Trafficking in Persons Report at
http://state.gov/j/tip
c. Prohibition of Child Labor and Minimum Age for Employment.--The
law bans many forms of child labor exploitation. However, the law
includes exceptions. For example it may allow a 12-year-old to work in
a family environment so long as it is morally acceptable, and it also
allows all boys under 16 to work in underground mines and quarries
doing ``light work.'' Given the nature of the dangers associated with
mining, ``light work'' activities do not prevent their exposure to
hazards. Regulations on child labor set the minimum working age,
working hours, and working conditions, and prohibit children from
performing particularly dangerous jobs.
The minimum age for employment is 15. In general work is 40 hours
per week or 2,080 hours per year. Night work is performed between 10:00
p.m. and 5:00 a.m. and should receive a supplementary rate. Extensive
language on occupational health and safety regulations exists in the
labor codes. 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.
Labor laws prohibiting child labor largely were unenforced. For
example the Ministry of Labor sent investigators to investigate formal
work places. However, they were not trained to deal with child labor
problems, and many of the child labor abuses took place in the informal
economy, where there were no inspections. The Child Labor Division in
the Ministry of Labor was eliminated in May. Inspectors did not
initiate visits to investigate child labor violations because they
lacked adequate funding and 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 relied on unions to report
violators.
The government 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 focused on better management of child labor issues. While
the training created more awareness of child labor issues in local
communities, there were no further outcomes.
In August 2010 the Ministry of Justice announced the formation of
an office to combat the mistreatment of women and children. However,
the office received no funding for the year 2011 and was eliminated in
May.
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 work over
education for their children. 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 (millet,
corn, and peanuts), fishing, artisanal gold mining, garages, dumpsites,
slaughterhouses, production of salt, and metal and woodworking shops.
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.
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 (37 percent) between the ages of
five and 17 worked.
One of the worst situations 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 also 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 carried out tasks detrimental to their
health and education. The study also found that 75 percent of girls
were responsible for domestic chores, forcing many to leave school.
Also see the Department of Labor's Findings on the Worst Forms of
Child Labor at http://dol.gov/ilab/programs/ocft/PDF/2010TDA.pdf.
d. Acceptable Conditions of Work.--The national minimum hourly wage
was 209 francs CFA ($0.42) and 183 francs CFA ($0.37) for agricultural
workers. In campaign speeches President Wade pegged the poverty income
level at 100,000 francs CFA ($200) per annum. 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 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. Premium pay for overtime was required in the formal sector.
The law does not cover the informal sector. Legal regulations on
occupational health and safety (OSH) exist, and the government sets the
OSH standards. There was 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. The Ministry of Labor, through the Labor Inspection
Office, enforced labor standards. The minimum wage was not respected in
the informal sector, especially for domestic workers. Enforcement of
the workweek standard was irregular. Labor inspectors had very poor
working conditions and lacked transportation to conduct their mission
effectively.
Workers seldom exercised their nominal right to remove themselves
from situations that endangered health or safety due to high
unemployment and a slow legal system.
__________
SEYCHELLES
executive summary
Seychelles is a multiparty republic. In elections held May 19-21,
voters reelected President James Michel. 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, 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 most significant human rights problems in the country were an
inefficient and politically influenced judiciary, and restrictions on
freedom of assembly and labor rights.
The following human rights problems also were reported: poor prison
conditions; prolonged pretrial detention; restrictions on speech,
press, and association; restrictions on political participation;
official corruption; violence against women and children; and
trafficking in persons.
The government took steps to punish officials who committed abuses,
whether in the security services or elsewhere in the government.
Section 1. Respect for the Integrity of the Person, Including Freedom
from:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the government or its agents committed arbitrary or
unlawful killings.
On February 23, the Supreme Court sentenced police officer Nelson
Rose to 12 years in prison and acquitted another police officer in
connection with a 2009 case in which a man was found dead in a cell
while in police custody. On December 9, the Court of Appeals acquitted
Rose.
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 police or prison officers were accused of
inhumane treatment of detainees.
Prison and Detention Center Conditions.--Montagne Posee Prison, the
country's main prison, did not meet international standards, and
conditions were poor. Access to potable water remained a problem.
Sanitation and hygiene were poor, although a full-time doctor and nurse
were on staff to provide medical treatment and oversee dietary needs.
The prison system had limited rehabilitation programs and organized
activities for prisoners, according to nongovernmental organizations
(NGOs).
As of November 30, there were 471 prisoners and detainees,
including 450 men, 20 women, and one juvenile. Prison conditions for
female inmates were no worse than for male inmates.
Prisoners and detainees had access to visitors and were permitted
religious observance. Prison authorities also provided Muslim Somali
pirates being held in Montagne Posee Prison with access to imams and
permitted daily prayers and religious observances, such as Ramadan.
Prison authorities allowed prisoners and detainees to submit complaints
to appropriate authorities and request investigation of credible
allegations of inhumane conditions. The government investigated on a
case-by-case basis and monitored prison conditions regularly.
The government generally permitted independent monitoring of prison
conditions by local and international human rights groups. The
International Committee of the Red Cross made no requests for prison
visits.
During the year 51 inmates considered to be low-risk prisoners were
sent to the Coetivy Island Prison as part of a voluntary rehabilitation
program. While visitors were not allowed on Coetivy Island, facilities
reportedly were adequate, and inmates were allowed to circulate freely
on the island.
An ombudsman may make recommendations to the National Assembly and
the president to improve conditions for prisoners and detainees,
although the ombudsman has no power to enforce such recommendations.
The ombudsman generally issues an annual report that includes
complaints of and investigations into cases of human rights abuse and
corruption. According to the 2010 annual report, 25 complaints alleging
human rights abuses were filed, of which 21 were retained for further
investigation, and four were dismissed for having no merit.
Authorities did not use alternatives to sentencing for nonviolent
offenders, and no steps were taken during the year to improve record
keeping.
In partnership with the U.N. Office of Drugs and Crime (UNODC), the
government provided training for prison guards in tradecraft,
leadership, fire safety, and emergency response.
On September 9, a new prison wing for Somali pirates opened at
Montagne Posee Prison. At year's end the wing, which was designed for
60 prisoners, held 63 Somali pirates.
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
Seychelles People's Defense Forces (SPDF), Presidential Protection
Unit, Coast Guard, and police. During the year the National Guard was
dissolved and its officers redeployed to other units. The police
commissioner, who reports directly to the minister for Home Affairs,
Environment and Transport, commands the unarmed police and the armed
paramilitary Police Seychelles Support Unit, which together have
primary responsibility for internal security. When necessary, the SPDF
assisted police on matters of internal security.
Security forces were effective, although corruption, particularly
the solicitation of bribes, was a problem. 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.
Although human rights was included as a core precept in officer
training, such training was limited.
Arrest Procedures and Treatment While in Detention.--Warrants are
required by law, except for persons being arrested under the Misuse of
Drugs Act, which allows police to arrest and detain without a warrant.
The law provides for detention without charge for up to 14 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, although 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,
although these rights were not always respected. Detainees have the
right to legal counsel, and free counsel was usually provided to
indigent persons. Courts accepted bail for most offenses.
Pretrial Detention.--The constitution provides that remand
prisoners be released after six months of detention if their cases have
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.--Although the constitution and law
provide for an independent judiciary, 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. Authorities did not always respect court orders.
Two Supreme Court judges, two appeals court judges, and four
magistrate court judges were citizens by birth. There were allegations
that some 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.
During the year the chief justice, who was appointed in 2009,
continued efforts to increase judicial efficiency by increasing the
number of judges, introducing alternative dispute resolution
techniques, and automating judicial records.
An 18-member part-time family tribunal heard and decided all
matters relating to access to, care, custody and maintenance of
children, domestic violence, family disputes, and other family related
cases. 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 trials and to appeal. Cases involving murder or
treason use 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. These rights
were enjoyed equally by all citizens.
Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.
Civil Judicial Procedures and Remedies.--The constitution and law
provide for an independent and impartial judiciary in civil matters;
however, case backlogs impeded judicial efficiency. UNODC funding was
used to provide prosecutors to decrease the backlog in the Attorney
General's Office. The National Human Rights Commission, which
investigated allegations of human rights abuse, recommended cases for
prosecution as well as for out of court settlements (see section 5).
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 communications without legal process.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--Status of Freedom of Speech and
Press.--The constitution and law provide for freedom of speech and
press; however, the government did not respect these rights in
practice. Journalists from state-controlled media practiced self-
censorship.
Freedom of Speech.--Individuals who criticized the government
publicly or privately sometimes suffered reprisals, such as harassment
by police or the loss of jobs or contracts.
Freedom of Press.--The government operated a daily newspaper, and
there were two privately owned daily newspapers and three political
party weeklies.
On September 26, on the eve of legislative elections, police
operating under orders of the Seychelles Licensing Authority seized
opposition coalition campaign materials. The government claimed that
the opposition did not have the appropriate license to publish the
materials. The opposition claimed that the publications were flyers and
did not require registration. The government countered that, according
to the Newspaper Act, a flyer is considered a newspaper.
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 ($61,538) 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 against the ``national interest'' or
``objectionable.'' The law also requires telecommunications companies
to submit subscriber information to the government. The law was not
enforced during the year.
Libel Laws/National Security.--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.
On December 12, Le Nouveau Seychelles Weekly chief editor Ralph
Volcere appeared in court for allegedly discrediting a Court of Appeals
judge in a December 9 newspaper article. The case was scheduled for
January 2012.
The Media Commission, a media regulatory body created as a result
of December 2010 legislation, was composed of media professionals
widely viewed to be ruling party supporters.
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.
For example, on June 9, an opposition supporter was detained for 15
days for having allegedly insulted the president on a social networking
Web site. No charges were filed.
On December 5, police detained a man after he allegedly criticized
a senior government official on a social networking Web site. The man
was released the same day, and no charges were filed.
On October 28, a man was arrested, and later released, for posting
negative comments against Air Seychelles. No charges were filed.
Academic Freedom and Cultural Events.--Opposition activists claimed
that the government limited academic freedom by reportedly not allowing
educators to reach senior positions in the academic bureaucracy without
demonstrating at least nominal loyalty to the People's Party. The
government controlled faculty appointments to the Polytechnic, the
University of Seychelles, and boards of educational institutions.
b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The constitution and law provide for freedom of assembly;
however, the government did not always respect this right in practice.
For example, on October 7, police denied the opposition coalition
permission to hold a political rally in Beau Vallon on the grounds that
the meeting was going to take place in a residential area. Although the
law does not prohibit the holding of rallies in residential areas,
police have used the same excuse to deny permits for years.
On November 17, police denied the opposition coalition permission
to conduct a march in Victoria to protest the outcome of the
legislative elections. No reason was given for the denial.
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.
c. Freedom of Religion.--See the Department of State's
International Religious Freedom Report at http://state.gov/j/drl/irf/
rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution and law provide for
freedom of movement within the country, foreign travel, emigration, and
repatriation, and the government generally respected these rights in
practice.
Foreign Travel.--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,'' but the law was not invoked during the year.
Protection of Refugees.--Access to Asylum.--The country's laws do
not provide for the granting of asylum or refugee status, and the
government has not established a system for providing protection to
refugees.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution and law provide citizens the right to change their
government peacefully, and citizens exercised this right in practice
through periodic, free, and fair elections based on universal suffrage.
Elections and Political Participation.--Recent Elections.--In
presidential elections held May 19-21, voters reelected incumbent and
ruling People's Party candidate James Michel to a third term. Michel
received 55percent of the vote, while opposition Seychelles National
Party (SNP) candidate Wavel Ramkalawan received 41percent.
International observers deemed the process credible, although they
cited allegations of unfair campaign practices. The Francophonie
Observer Group, the Commonwealth Expert Team, and the Southern African
Development Community called for electoral reforms, such as a cap on
campaign funding, a credible voters' register, and restrictions on the
use of state resources.
In National Assembly elections held on September 29, 30, and
October 1, the People's Party won all seats due to an opposition
boycott of the elections. Both the SNP and New Democratic Party opted
out of the election, charging that the ruling party obstructed their
activities, particularly in the National Assembly. Despite the boycott,
international observers found the election credible and transparent.
Citizens Democracy Watch, a local observation group, the first domestic
observer group allowed to monitor an election, expressed concern about
``the sudden dissolution of the National Assembly, the use of state
funds and resources during the election period, intimidation of
candidates and activists; media coverage of events during cooling-off
period; and nonadherence to agreed rules and procedures during
campaigning.''
Remand prisoners were not allowed to vote in the legislative
elections, despite a July 12 Constitutional Court ruling that provided
them the right to vote.
Political Parties.--The People's Party assumed power in a 1977 coup
and continued to dominate the country through a pervasive system of
political patronage and control over government jobs, contracts, and
resources.
Opposition parties claimed that they operated under restrictions
and outside interference, especially in the National Assembly, where
dissent was sometimes penalized. SNP members who walked out of the
assembly in protest, for example, lost a day's pay. The speaker
sometimes ordered individual opposition members to leave the chamber if
debate tactics became contentious. 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.
Participation of Women and Minorities.--There were 14 women in the
32-seat National Assembly, 11 elected by direct election and three
appointed by proportional representation. Two of the 10 cabinet members
were women.
Section 4. Official Corruption and Government Transparency
The law provides criminal penalties for official corruption, but
the government did not always implement the law effectively, and
officials sometimes engaged in corrupt practices with impunity. The
World Bank's 2009 Worldwide Governance Indicators reflected that
corruption was a problem.
Police corruption remained a problem.
Although public officials and citizens serving on boards were
subject to financial disclosure laws upon taking office, this did not
always occur.
The ombudsman has legal authority to investigate and report on
allegations of official fraud and corruption; however, no cases were
reported or investigated during the year.
There are laws allowing public access to government information,
but the government did not comply with them. 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 NGOs and three
domestic human rights groups--the Center for Rights and Development
(CEFRAD), Association of Concerned Citizens of Seychelles (ACCESS), and
Friends of Prison--generally operated without government restriction,
investigating and publishing their findings on human rights cases.
Government officials generally were cooperative and responsive to the
views of international NGOs but less cooperative with CEFRAD and
ACCESS, which were perceived as aligned with the opposition. For
example, the government refused to permit CEFRAD and other local groups
to observe the May presidential election and prior elections.
Government Human Rights Bodies.--The National Human Rights
Commission 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 and Domestic Violence.--Rape, spousal rape, and
domestic abuse are criminal offenses punishable by a maximum of 20
years' imprisonment. Rape was a problem. The police registered 63
sexual assault cases for the year, although most rape cases went
unreported for fear of reprisal or social stigma. The Social Affairs
Division of the Ministry of Social Development and Culture and the
Women in Action and Solidarity Organization (WASO), a local NGO,
provided counseling services to 15 domestic violence victims, including
rape victims during the year. Nine sexual assault cases were prosecuted
during the year, and 36 cases remained under investigation.
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 268 restraining orders, 82
eviction orders, and 124 referrals of persons on restraining order to
probation services during the year.
During the year GEM Plus, a local NGO that promotes awareness of
domestic violence, worked on the Gender Justice Barometer and
translated the Gender Protocol of the Southern African Development
Community into Creole, one of the three official languages of the
country.
Sexual Harassment.--The law prohibits sexual harassment, but
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.
Reproductive Rights.--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 Social
Development and Culture. There were no restrictions on the right to
access contraceptives, but few couples reportedly used these measures.
The government provided free childbirth services, although 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.
There were no legal, social, cultural, or other barriers that limited
access to these services.
Discrimination.--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.--Birth Registration.--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 denial of
public services.
Education.--The government requires children to attend school
through the 10th grade and made free public education available through
the secondary level until age 18.
Child Abuse.--The law prohibits physical abuse of children, but
child abuse was a problem. According to government social workers,
sexual abuse of children, usually perpetrated by stepfathers and older
brothers, occurred. According to WASO, most rapes of girls under age 15
went unreported for fear of reprisal or social stigma. Authorities
prosecuted very few child abuse cases in court due to lack of efficient
working relations between government agencies. The strongest public
advocate for young victims was a semiautonomous agency, the National
Council for Children.
Child Marriage.--The minimum age for marriage is 15, with parental
consent. Girls were allowed to attend school while pregnant, and many
returned to school after giving birth.
Sexual Exploitation of Children.--The law provides a minimum
punishment of seven years' imprisonment for persons found guilty of
sexual assault on a person under age 15. There were reports of
commercial sexual exploitation of children; however, no complaints were
filed with the police, and no abusers were prosecuted during the year.
International Child Abductions.--The country is a party to the 1980
Hague Convention on the Civil Aspects of International Child Abduction.
Anti-Semitism.--The Jewish community numbered fewer than 10
persons. There were no reports of anti-Semitic acts.
Trafficking in Persons.--See the Department of State's Trafficking
in Persons Report at http://state.gov/j/tip.
Persons With Disabilities.--Although the constitution and law
provide for the right of persons with disabilities to special
protection, including reasonable provisions for improving quality of
life, no laws provide for access to public buildings, transportation,
or state services, and the government did not provide such services.
There was discrimination against persons with disabilities. For
example, there were reports that some employers did not pay their
employees with disabilities because the latter were already receiving
disability social aid. The National Council for Disabled, a government
agency under the Ministry of Social Development and Culture, developed
work placement programs for persons with disabilities, although few
such employment opportunities existed.
Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--Consensual same-sex activity
between men is punishable by 14 years' imprisonment; however, the law
was not enforced. There were no reports of discrimination against gay
men and lesbians.
Other Societal Violence or Discrimination.--There were no reports
of violence or discrimination against persons with HIV/AIDS.
Nevertheless, government policies require a foreign citizen marrying a
Seychellois to undergo an HIV test. If the test is positive, the couple
will be refused the right to marry in the country. Citizens applying
for loans and life insurance are also required to undergo an HIV test.
Section 7. Worker Rights
a. Freedom of Association and the Right to Collective Bargaining.--
The law allows all workers--excluding police, military, prison, and
firefighting personnel--to form and join independent unions and to
bargain collectively; however, strikes are illegal unless arbitration
procedures are first exhausted. The legislation requires that two-
thirds of union members need to vote for a strike in a meeting
specifically called to discuss the strike, and provides the minister
with the right to call for a 60-day cooling off period before a strike
starts. Anyone found guilty of calling for an illegal strike can be
fined 5,000 rupees ($384) and up to six months' imprisonment. The law
provides discretionary powers to the registrar to refuse the
registration of unions; however, the legislation was not used during
the year. The law prohibits antiunion discrimination, but is silent
regarding the rights of foreign or migrant workers to join a union. The
government has the right to review and approve all collective
bargaining agreements in the public and private sectors. The law also
imposes compulsory arbitration in all cases where negotiating parties
do not reach an agreement through collective bargaining. In the
Seychelles International Trade Zone (SITZ), the country's export
processing zone, the government did not require adherence to all labor,
property, tax, business, or immigration laws. The Seychelles Trade Zone
Act supersedes many legal provisions of the labor, property, tax,
business, and immigration laws.
The government did not always respect rights to union participation
and collective bargaining or effectively enforce applicable laws.
Between 15 and 20 percent of the workforce was unionized. Collective
bargaining seldom occurred. 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 the employee, while the government
set wage rates in the few larger businesses. There was little
flexibility in setting wages.
Although the law prohibits antiunion discrimination, there were
unofficial reports that such discrimination occurred.
The law authorizes the Ministry of Education, Employment and Human
Resources to establish and enforce employment terms, conditions, and
benefits, and in practice workers frequently obtained recourse against
their employers through the ministry.
b. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, and there were no reports that such
practices occurred.
c. 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.''
It is otherwise a criminal offense punishable by a fine of 6,000 rupees
($461) to employ a child under age 15. However, the law neither
specifically prohibits children from engaging in hazardous work nor
provides for a comprehensive list of hazardous work prohibited to
children under age 18.
In practice the government adhered to these requirements, and the
Ministry of Education, Employment and Human Resources effectively
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 reported to be working in the fishing,
tourism, agricultural, boat-building, or processing industries; the
ministry carried out regular checks to ensure that children were
actually attending school. No cases involving the worst forms of child
labor were reported during the year.
Also see the Department of Labor's findings on the Worst Forms of
Child Labor at http://dol.gov/ilab/programs/ocft/tda.htm.
d. 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. The minimum
wage was 22.80 rupees ($1.75) per hour. Private employers generally
paid higher wages than the government to attract and retain qualified
workers.
The legal maximum workweek varied from 45 to 55 hours, depending on
the economic sector. Regulations entitled each full-time worker to a
one-hour break per day and a minimum of 21 days of paid annual leave.
Regulations permitted workers to work overtime up to 60 additional
hours per month. The law requires premium pay for overtime work.
The Ministry of Health has formal responsibility for drafting the
government's comprehensive occupational health and safety regulations.
The law allows workers to remove themselves from dangerous or unhealthy
work situations, report the employer to the Health and Safety
Commission of the Department of Employment, and seek compensation
without jeopardizing their employment. Foreign workers are not covered
by these laws.
The government generally supported these standards but did not
effectively enforce them in all sectors. Safety and health inspectors
rarely visited job sites.
In practice some workers worked up to 60 hours per week. Government
employees worked fewer hours. Foreign workers--mainly employed in the
construction and commercial fishing sectors-- enjoyed the same legal
protections as citizens, even though they are not specifically
identified in the labor law. However, companies in the SITZ sometimes
paid foreign workers lower wages, forced them to work longer hours, and
provided them with inadequate housing, resulting in substandard
conditions. Occupational injuries were most common in the construction,
marine, and port industries.
__________
SIERRA LEONE
executive summary
Sierra Leone is a constitutional republic with a directly elected
president and a unicameral legislature. In 2007, in peaceful multiparty
presidential and parliamentary elections, the opposition All People's
Congress (APC) won a majority in parliament, and citizens elected party
leader Ernest Bai Koroma president. Security forces reported to
civilian authorities.
Major human rights problems included prolonged detention and
imprisonment under harsh and life-threatening conditions in prisons and
jails; widespread official corruption in all branches of government;
and trafficking in persons, including for child labor.
Other human rights problems included abusive treatment by police;
arbitrary arrest and detention; some restrictions on freedoms of press
and assembly; discrimination and violence against women and girls,
including female genital mutilation; official and societal
discrimination against lesbian, gay, bisexual, and transgender
individuals; discrimination against people with disabilities; and
vigilante violence.
The Anti-Corruption Commission aggressively investigated and
prosecuted cases of corruption in a nonpartisan fashion and without
political interference; however, impunity remained a serious concern.
Section 1. Respect for the Integrity of the Person, Including Freedom
from:
a. Arbitrary or Unlawful Deprivation of Life.--There were reports
that the government or its agents committed arbitrary or unlawful
killings.
On June 12, Ibrahim Foday was killed while taking photographs for a
story related to a land dispute; three suspects were detained,
including police officer Musa Samura. None of the suspects had been
charged by year's end.
On September 9, Abdulai Sesay was killed when police fired into a
crowd during a riot. No officer had been charged by year's end (see
section 2.b.).
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 and other security personnel continued
to use excessive force. The law allows up to 36 lashes as punishment,
although the nongovernmental organization (NGO ) Prison Watch noted
that sensitization on human rights had led to a reduction in such
incidents.
Prison and Detention Center Conditions.--Prison and detention
center conditions were harsh and sometimes life threatening.
Overcrowding was a major problem. Prison Watch stated that as of
November 30, there were 2,537 prisoners in the country. At year's end
Pademba Road Prison, which was designed to house 324 prisoners, held
more than 1,200 inmates.
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 to inflict punishment while shielding prison officials
from charges of abuse.
Human rights observers reported detention conditions remained below
minimum international standards because of overcrowding, unhygienic
conditions, and insufficient medical attention. Prison cells often
lacked proper lighting, bedding, ventilation, and protection from
mosquitoes. At all prisons wells were the only source of water. At some
prisons the wells dried up during the dry season and inmates were
required to purchase water themselves.
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; further, the failure of the government to pay food
vendors resulted in severe food shortages throughout the year.
There are no prison ombudsmen to address prisoner concerns and
grievances.
There was no alternative sentencing program for diversion of
nonviolent offenders.
Conditions in holding cells in police stations were poor,
especially in small stations outside Freetown. Cells were dark with
little ventilation. Overcrowding in some police cells continued to be a
problem, as there were only five roving magistrates covering the entire
country, and any particular region would not see a magistrate for
several months at a time.
Few prisoners had access to adequate medical facilities, and
clinics lacked supplies and medical personnel to provide basic
services. The Pademba Road Prison had a clinic staffed by one doctor;
prisons outside Freetown sent patients to local government hospitals
and clinics. Authorities allowed only emergency patients to visit the
clinic outside of the assigned schedule. Women were treated as
outpatients or referred to local hospitals for special care. However,
doctors and nurses in these hospitals often refused to treat prisoners
or provided inferior care because of the government's failure to pay
medical bills. The Prisons Department attempted to transfer mentally
ill prisoners to the psychiatric hospital in Freetown, but the hospital
declined to admit them due to lack of space and resources.
Prison Watch reported a shortage of prison staff, resulting in a
lack of security that endangered prisoners' safety.
During the year through November 30, 50 prisoners died in custody.
Prison Watch reported the main causes of death in Freetown were anemia
and pneumonia, and for prisoners elsewhere malaria.
Men and women were held in separate cells in all prisons except
those in Kono District. During the year the 27 women prisoners held at
Pademba Road Prison in Freetown were moved to detention facilities at
the Special Court for Sierra Leone that were turned over to the
government. No figure was available for female prisoners nationwide.
Several prisons held infants, most of whom were born in prison and
initially kept there with their mothers. Once weaned, these children
were released to family members, or the Ministry of Social Welfare,
Gender, and Children's Affairs placed them in foster care.
Offenders under the age of 18 are sent to ``approved schools,'' or
reformatory institutions. Although authorities made an effort to avoid
detaining juveniles with adults, minors regularly were imprisoned with
adult offenders. Prison Watch noted that young adults over 18 were
often sent to the approved schools, while some children under 18 were
sent to prison. Police officers had difficulty in determining a
person's age, given the lack of documentation, and they often depended
on circumstantial evidence, such as possession of a voter registration
card or affidavits from parents who may have reasons to lie about their
child's age. In some cases police officers inflated the ages of
juveniles to escape blame for detaining them. Several boys reported
they were victims of physical abuse, including sodomy, by older
prisoners. 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 (UK). Juvenile facilities were deteriorating and mismanaged by
the Ministry of Social Welfare, Gender, and Children's Affairs, which
was responsible for all services but security. Violence among juvenile
detainees, including small riots, occurred. Juveniles housed with
adults and then moved to age-appropriate facilities were often
instigators of violence, the JSDP noted.
In most cases pretrial detainees were held with convicted
prisoners. According to Prison Watch, only 1,084 of the 2,537 prisoners
across the country had been convicted.
The government permitted family visits to prisoners and detainees
regularly during the year.
International monitors, including the U.N. Integrated Peacebuilding
Office in Sierra Leone (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.
Following a December 2010 prison break, steps were taken to improve
the morale and efficiency of prison officials and prisoner treatment.
The Prisons Department invited civil society organizations and other
government agencies to inspect and comment on prison operations. For
example, the Prisons Department forged ties with Prison Watch to help
eliminate abuse and violence by guards against prisoners. Management of
prison guards was strengthened to encourage greater accountability and
security.
d. Arbitrary Arrest or Detention.--The constitution and law
prohibit arbitrary arrest and detention; however, police occasionally
arrested and detained persons arbitrarily. The government allows both
the Sierra Leone Police (SLP) and the chiefdom police to hold suspects
in police detention cells without charge or explanation for up to three
days for suspected misdemeanors and up to 10 days for suspected
felonies.
Role of the Police and Security Apparatus.--The SLP, under the
Ministry of Internal Affairs, maintains internal security, but it was
poorly equipped and lacked investigative, forensic, and riot control
capabilities. The military is responsible for external security but
also has some domestic military responsibilities through the ``Military
Assistance to the Civil Power'' (MAC-P) program, which provides
additional assistance to police in extraordinary circumstances upon
their request.
MAC-P assistance was last called out in September to help the SLP
quell a riot in Bo in which supporters of the two rival political
parties threw rocks at each other and set buildings on fire. An SLP
officer caused one death while seeking to quell the riot.
Civilian authorities maintained effective control over the SLP and
the Republic of Sierra Leone Armed Forces (RSLAF), and the government
has mechanisms to investigate and punish abuse and corruption. However,
impunity continued.
For example, four SLP officers were identified as having shot and
killed one demonstrator and injured several others during the September
electoral violence in Bo. However, by year's end none had been arrested
or charged, although several civilians had been charged and convicted
for their roles in the violence. The local District Security Council
and others believed political pressure shielded the four officers from
accountability.
As in previous years, cases of police brutality and police
corruption remained a serious problem. Some police and guards stole
from detainees, required bribes at checkpoints, falsely charged
motorists with violations, impounded vehicles to extort money, and
accepted bribes from suspects to drop charges or for having their
rivals arrested and charged with crimes.
In exchange for kickbacks, police reportedly arrested persons
without charge for civil causes such as alleged breach of contract or
failure to satisfy a debt.
The Police Complaints, Discipline, and Internal Investigations
Department (CDIID) heard complaints against police officers. A Police
Council, which included the vice president, minister of internal
affairs, inspector general, and others, accepted written complaints
against senior police officers. The CDIID conducted all hearings and
trials related to complaints against junior police officers. An appeals
process was available and used often. After the CDIID imposed
disciplinary measures on an SLP officer, the officer was also subject
to trial in civilian court if criminal action was involved. During the
year the CDIID received 1,791 complaints countrywide, resulting in 485
officers being dismissed, demoted, suspended, or officially warned and
593 officers being sent to ``corrective training.'' Of the remainder,
229 cases were dismissed for lack of evidence or validity, 160 were
resolved through dispute resolution, and 324 remained at various stages
of investigation or review. Complaints most frequently lodged against
police were for corruption, unfair treatment, lack of professionalism,
and assault. Cases of officer dismissal 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 U.N. technical
advisor and U.N. Civilian Police advisors. As a result of training
programs during the year and the introduction in 2010 of community
policing conducted by the UK, the Commonwealth, and the JSDP, police
professional conduct improved. The UK committed 19.4 million pounds
sterling ($30.2 million) to establish the ``Access to Security and
Justice Program,'' to run from 2011 to 2014. This new program began in
September, replacing JSDP, which ended in August.
Arrest Procedures and Treatment While in Detention.--The law
requires warrants for searches and arrests; however, arrest without
warrant was common. According to the U.N. Integrated Office in Sierra
Leone's 2007 assessment of prison conditions, adjournment dates on some
warrants were altered and not endorsed by the magistrate, while other
warrants were signed but not by the presiding magistrate. Prison Watch
and LAWCLA reported that most arrests were made without warrants and
that the SLP rarely followed proper arrest procedures.
Once arrested, a detainee must be told the reason for arrest within
24 hours and be charged in court within 72 hours for suspected
misdemeanors or within 10 days for suspected felonies. According to
NGOs and prisoners, 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 rights of access to family and to consult with
an attorney in a timely manner. However, due to a lack of money, 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 had instituted legal aid in Freetown only and had been able
to serve only a few clients due to problems with establishing
eligibility. Fewer than 10 state counsels served the entire country,
and they were often overburdened, poorly paid, and available only for
more serious criminal cases. In order to assist, several local NGOs,
including Timap For Justice, Access To Justice Law Center, and
AdvocAid, provided training to paralegals and established paralegal
offices in 32 locations in eight districts through the Open Society
Justice Initiative. 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, fewer than 10 attorneys provided legal aid
outside of Freetown.
Authorities permitted regular family visits, although frequency and
duration of the visits varied from prison to prison. According to NGOs,
family members often paid bribes to be permitted to visit.
There were provisions for bail and a functioning bail system;
however, authorities applied the system inconsistently and sometimes
demanded excessive bail.
Arbitrary Arrest.--In December officials from the Sierra Leonean
Transnational Organized Crime Unit confiscated a 40-foot container at
the Port of Freetown suspected of containing South American cocaine. At
least 11 people, including Sierra Leonean and foreign nationals, were
arrested and held without charge. By year's end three were charged with
crimes unrelated to the container seizure, while the others were
released without explanation as to why they had been held. Observers
reported all the arrests were made with little intelligence or evidence
to support them and that they were likely the result of political
pressure on the SLP by senior officials to appear as though they were
responding quickly and forcefully.
Pretrial Detention.--Lengthy pretrial detention was a problem.
Prison Watch reported that due to a severe shortage of legal
professionals, 57 percent of prisoners were waiting to be either
charged or tried or their trials were not completed. Pretrial and
remand detainees spent an average of three to five years in pretrial
detention before courts examined their cases or filed formal charges.
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.
Amnesty.--During the year President Koroma granted 153 pardons, up
from 96 the previous year.
e. Denial of Fair Public Trial.--The constitution and law provide
for an independent judiciary. However, the judiciary was at times
believed to have acted under government influence, particularly in the
dismissal or acquittal of some corruption cases.
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 few lawyers, access to justice
remained limited for most citizens.
The RSLAF has its own military justice system, although soldiers
can also be tried in civilian courts for some crimes. The decision of
which justice system to use, sometimes ad hoc, 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 and cases involving
senior officers. Such cases are tried before a civilian judge and
board; the latter determines guilt or innocence, and the former the
sentencing recommendation. The court-martial heard an average of four
cases per year. The RSLAF had only two military lawyers.
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 the civilian Supreme
Court hears appeals in a court-martial. However, the redress system was
fraught with corruption.
Traditional justice systems also functioned, especially in rural
areas. Paramount chiefs maintained their own police and courts to
enforce uncodified local laws. Chieftaincy police and courts exercised
authority to arrest, try, and incarcerate individuals and sometimes
abused that power. However, growing numbers of paralegals were sent
into rural areas to provide access to justice and training for chiefdom
officials.
On October 22, a 19-year-old man accused of stealing cacao pods in
Kono District died while in the custody of the local chiefdom police.
Although the official investigation was not concluded by the end of the
year, according to Prison Watch the man may have died of injuries
sustained during a severe beating by other villagers and subsequent
neglect in the chiefdom police holding cell. He may have been beaten
further or otherwise tortured while in custody. A Native Administration
Court must sign a ``committal order'' before a person can be detained
in a chiefdom police cell; no such order existed in this case.
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.
Trial Procedures.--The law provides for a fair trial; however, in
practice, the lack of judicial officers and facilities regularly
resulted in repeated long delays. Some cases were reportedly 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. Sentences imposed were often disproportional
to the offense. Many prisoners served excessively long sentences for
noncapital offenses, such as sacrilege (50 years), larceny (25 years),
and burglary (45 years). Many attributed the harsh sentencing to the
defendant's inability to pay a fine or bribe.
Traditional justice systems continued to supplement the central
government judiciary, especially in rural areas, in cases involving
family law, inheritance, and land tenure. However, the customary law
guiding these courts is not codified, and decisions in similar cases
were inconsistent. Paramount chiefs sometimes referred cases to the
police to give arrests for civil complaints the appearance of
legitimacy. Local chieftains at times exceeded their mandates and
administered harsh punishments.
Although the government has passed several laws on gender equality,
they were inconsistently enforced, 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.
Five people, including members of Charles Taylor's defense team, were
indicted by the SCSL on contempt of court charges for threatening
prosecution witnesses and coercing them into recanting their testimony.
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.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The constitution and laws prohibit such actions, and
the government generally respected these prohibitions in practice.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--Status of Freedom of Speech and
Press.--The constitution and law provide for freedom of speech and
press, and the government generally respected these rights in practice.
An independent press, a generally effective judiciary, and a
functioning democratic political system combined to ensure freedom of
speech and of the press.
Seventy-four newspapers were registered with the Independent Media
Commission (IMC), as well as 64 radio stations and five television
stations covering a wide spectrum of interests and editorial opinion.
Not all media outlets were in operation. During the year the IMC
registered eight new newspapers. Most 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 opposition parties. However, reporting was often
politicized and inaccurate, in large part because of poor journalistic
skills, insufficient resources, and a lack of professional ethics.
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. 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. In June the High Court dismissed
an appeal lodged by the SLPP to be permitted to reopen its radio
station.
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.
Violence and Harassment.--Journalists generally were not subject to
arrest or imprisonment, but some reported being intimidated or
attacked.
On September 4, several journalists were stopped by plain-clothes
police associated with the Presidential Guards at State House as they
attempted to enter the National Stadium near the end of a soccer match,
despite the journalists' claims they had valid press identity cards. A
fight broke out, and one journalist was injured. Although the incident
remained under investigation, there were reports the journalists
inadvertently walked in on the State House guards dividing up proceeds
of possibly illegal ticket sales.
Censorship or Content Restrictions.--Journalists practiced self-
censorship, and there was interference in reporting of some content.
The IMC monitored all media organizations and generally
demonstrated independence from government influence.
In April the IMC fined the Awareness Times newspaper one million
leones ($222) for having violated the media code of practice in
publishing a series of articles criticizing President Koroma that were
deemed to be ``indecent and vulgar'' because they discussed in
salacious detail the color of the president's underwear.
In December 2010 the Human Rights Commission-Sierra Leone (HRC-SL)
and the Sierra Leone Association of Journalists (SLAJ) condemned the
arrests of journalists requested by the minister of lands and minister
of agriculture, forestry, and food security in two instances. The
minister of information and communications pledged in 2010 to
investigate the incidents and to ``take necessary actions.'' However,
no further action was reported.
Libel Laws/National Security.--The law criminalizes 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. Despite the IMC and SLAJ lobbying for
decriminalization of libel, by year's end the government had not
amended Part 5 of the 1965 Public Order Act, which criminalizes libel.
Internet Freedom.--There were no government restrictions on access
to the Internet or credible reports that the government monitored e-
mail or Internet chat rooms. Individuals and groups could engage in the
expression of views via the Internet, including by e-mail.
Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.
b. Freedom of Peaceful Assembly and Association.--The constitution
and law provide for freedoms of assembly and association, and the
government generally respected the right of freedom of association;
however, there were some restrictions on freedom of assembly.
Freedom of Assembly.--Both the APC and the SLPP continued to
implement the Joint Communique after the 2009 riots between supporters
of the two parties. The Shear-Moses commission of inquiry on the riots
submitted its report to the government in 2009, in which it was
critical of the ruling party and recommended disciplinary action,
including dismissal from office, for several senior government
officials. However, by year's end the government, in violation of the
law, had not yet publicly released the report and took no action on
those recommendations.
On other occasions police forcibly dispersed demonstrators, most
significantly during the riot in Bo in September during a ``Thank The
Nation'' rally held by SLPP presidential nominee Julius Maada Bio. A
panel convened after the violence concluded that APC supporters
initiated the incident by throwing rocks at and injuring Maada Bio,
whereupon SLPP supporters retaliated by throwing rocks and setting APC
party buildings on fire. Police initially fired tear gas and live
ammunition into the air, but as the crowd grew in both size and
unruliness, they fired into the crowd, killing one and injuring nine.
No police had been arrested for this incident by year's end.
In the wake of the Bo incident, the SLP issued an open-ended ban on
all political processions, rallies, and public meetings. Despite
unofficial assurances that the ban would be limited, it remained in
effect during the September State Opening of Parliament during which,
in accordance with tradition, supporters of the political parties
parade through the streets of Freetown escorting their parliamentarians
to the House of Parliament. The SLPP parliamentarians boycotted the
ceremony in protest. The government lifted the ban on December 12.
c. Freedom of Religion.--See the Department of State's
International Religious Freedom Report at http://state.gov/j/drl/irf/
rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution and law provide for
freedom of movement within the country, foreign travel, emigration, and
repatriation, and the government generally respected these rights in
practice. However, there were reports police officers operating
security roadblocks outside of the capital often extorted money from
motorists.
The government cooperated with the Office of the U.N. High
Commissioner for Refugees (UNHCR) and other humanitarian organizations
in providing protection and assistance to internally displaced persons,
refugees, returning refugees, asylum seekers, stateless persons, and
other persons of concern.
Foreign Travel.--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 crossing points.
Protection of Refugees.--Access to Asylum.--The laws provide for
the granting of asylum or refugee status, and the government has
established a system for providing protection to refugees.
The law provides for refugee status as defined by international
convention to be granted to eligible asylum seekers. The UNHCR worked
with government authorities to develop standard operating procedures
for refugee status determination.
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.
Access to Basic Services.--There were no reports of discrimination
against refugees in public services including elementary education,
public health care, public housing, law enforcement, courts and
judicial procedures, and legal assistance.
At year's end Sierra Leone was host to 8,150 refugees, the great
majority from Liberia. The Liberians' prima facie refugee status was
set to expire June 30, 2012, upon implementation of the cessation
clause by the government of Sierra Leone as recommended by the UNHCR.
For Liberians claiming continued need for international protection, the
government indicated it planned to provide individual refugee status
determination.
Durable Solutions.--The government offered to assist Liberian
refugees requesting repatriation; by year's end, according to the
UNHCR, 73 refugees had applied for asylum. The UNHCR acknowledged the
government's efforts, through the National Commission for Social
Action, to integrate refugees who are unwilling or unable to return to
Liberia in accordance with the Refugees Protection Act of 2007.
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.--Recent Elections.--In
peaceful presidential and parliamentary elections held in 2007, the
opposition APC won a majority in parliament; party leader Ernest Bai
Koroma was elected president. However, there were multiple reports of
harassment and intimidation of members of opposition parties and 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 commission.
Political Parties.--The Political Party Registration Commission
(PPRC), which oversees the behavior of political parties, does not have
authority to sanction any political party for inappropriate behavior.
It received one inter- and one intra-party complaint during the year
and acted as a mediator to address the problems. The PPRC can use only
moral suasion to convince persons and parties to act according to
agreed-upon guidelines, such as the parties' constitutions. The PPRC
provided material assistance such as vehicles, computers, office
supplies, and Internet connectivity, funded by the U.N. Development
Program (UNDP), to political parties to assist them with campaigning.
However, a party must have met certain requirements to receive such
assistance, including representation in parliament, visible political
activity for at least two years, membership in the All Political
Parties Women's Association and the All Political Parties Youth
Association, and participation in a NEC-sponsored by-election since
2008. The newly registered United Democratic Movement protested that
its ineligibility for this assistance was undemocratic. However, the
terms of the assistance were determined by the UNDP and the complaint,
while noted, was dismissed.
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.
Participation of Women and Minorities.--Women have the right to
vote, but husbands or other patriarchal figures were known to influence
their decisions. Of the 124 parliamentarians, 16 were women. Women led
two of the 22 ministries. There were four female judges out of seven on
the High Court, and the chief justice was a woman. Three 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 and other non-
``Negro-African'' persons who were born and continued to reside in the
country. Persons of these groups may apply to be naturalized; if
naturalized they are eligible to vote in all national and local
elections, but no naturalized citizen may run for public office.
Ethnic affiliations traditionally have strongly influenced
political party membership for the 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 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 to this concern, his early December cabinet shake
up increased the number of ministers from the eastern and southern
provinces from 20 percent to 30 percent. At year's end ministers from
the North occupied 62 percent of cabinet offices; the remaining 8
percent were held by ministers from the western peninsula.
Section 4. Official Corruption and Government Transparency
The law provides criminal penalties for official corruption, and
the government actively attempted to implement the law. Despite several
well-publicized cases of corruption in the executive, legislative, and
judicial branches, officials often engaged in corrupt practices with
impunity. Police and prison staff regularly extorted or solicited
bribes from detainees and prisoners. The World Bank's most recent
Worldwide Governance Indicators reflected that corruption was a severe
problem.
During the year the government continued to implement its five-year
national action plan to combat corruption, and ministries began
including anticorruption activities in their strategic plans. The Anti-
corruption Commission (ACC) conducted sensitization campaigns with the
public and government ministries and enforced whistleblower protection
measures.
The ACC prosecuted 11 cases during the year, with nine convictions.
In November the ACC charged the mayor of Freetown with 25 counts of
corruption centered primarily on his failure to remit payroll taxes and
social security contributions deducted from employee salaries to the
National Revenue Authority and the National Social Security Investment
Trust.
The ACC was appealing several cases in which the defendants were
acquitted. These included the case against the former commissioner of
the national revenue authority, who was indicted in October 2010 on 57
counts of abuse of office and misuse of public funds in awarding
several contracts to his wife's company, as well as the indictment on
194 counts, in February, of the executive director of the Sierra Leone
Maritime Administration. In the former case, the former commissioner
was acquitted of all charges. In the latter case, the executive
director was indicted on only 13 charges and fined for only five of the
13. It was reported that in all these cases, although the judges were
not subject to political or government pressure, they may have been
influenced by their own desire to ingratiate themselves with people
perceived to have significant political influence.
By year's end the ACC recovered approximately 2.5 billion leones
($555,555) from public officers and private businesspersons 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
imprisonment. The ACC initiated 152 investigations during the year. The
ACC has authority to prosecute cases directly without first having to
refer them to the Ministry of Justice, and in practice did so. By the
end of the year, 71 cases were under investigation; 11 had been
prosecuted, leading to nine convictions; 39 cases were closed for lack
of evidence; five were referred to other judicial branches for lack of
evidence of corruption; and the remainder were still open.
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.
The particulars of individual declarations were not available to the
public without a court order. However, the ACC published the number of
declarations received in the Sierra Leone Gazette.
The law does not provide 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
The government, including security forces, was generally responsive
to human rights concerns raised by the HRC-SL, the IMC, and other
governmental and nongovernmental organizations.
A number of domestic and international human rights groups
generally operated without government restrictions, investigating and
publishing their findings on human rights cases. Government officials
often were cooperative and responsive to the views of local and
international NGOs and generally acknowledged the problems raised. They
often scheduled forums in conjunction with NGOs to discuss such topics
as women's rights and the rights of the disabled.
The independent National Forum for Human Rights served as an
umbrella organization for human rights NGOs in the country. There were
41 active human rights NGOs registered with the NFHR. Most domestic
human rights NGOs focused on human rights education. A few NGOs,
including the Campaign for Good Governance, LAWCLA, Timap for Justice,
and Access to Justice, monitored and reported on human rights abuses.
A variety of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases.
U.N. and Other International Bodies.--In May the government
participated in its Universal Periodic Review in the U.N. Human Rights
Council in Geneva. The Working Group made 129 recommendations; the
government accepted all but three that related to decriminalizing
certain forms of sexual behavior.
Government Human Rights Bodies.--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 HRC-SL generally operated without government interference.
However, government agencies were slow to support the commission or
implement its recommendations, and it was also hampered by lack of
funds.
The trial at the SCSL in The Hague of former Liberian president
Charles Taylor for crimes against humanity and war crimes in Sierra
Leone continued at year's end.
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
victims of the conflict as recommended by the TRC. However, many NGOs
continued to criticize the delayed implementation of some TRC
recommendations, such as the trust fund and separating the positions of
attorney general and minister of justice, which requires a
constitutional amendment.
The U.N. and numerous domestic and international NGOs continued to
educate 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 in May the government announced new procedures whereby
``non-Africans'' who have lived in Sierra Leone for at least eight
years (two for foreigners married to Sierra Leonean citizens) may apply
for naturalization. The president must approve all applications. The
law otherwise prohibits discrimination based on race, tribe, sex, place
of origin, political opinions, color, or creed.
The government did not effectively enforce the prohibition of
discrimination based on gender as it affected women and girls, and a
number of legal acts and customary laws contravene the constitutional
provision.
Women.--Rape and Domestic Violence.--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 greatly
underreported and indictments were rare, especially in rural areas. A
reluctance to use the judicial system on the part of both victims and
law enforcement, combined with women's lack of income and economic
independence, helped perpetuate violence against women and impunity for
offenders. 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 under one year old were documented. Rape victims, especially
when pregnancy occurred, were encouraged to marry their attackers,
although some NGOs reported this practice appeared to be waning.
From January to June, the FSU recorded 95 cases of sexual assault
(assault with intent to ravish, indecent assault, rape, and sexual
harassment). Data on convictions in the year was incomplete and
unreliable, but perpetrators in only a very few of the reported cases
were charged. 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.
Such 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 that
were prohibitively expensive for most victims. The International Rescue
Committee 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 five million leones ($1,250) and up
to two years in prison. However, violent acts against women, especially
wife beating and spousal rape, were common and often surrounded by a
culture of silence. 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 June, the FSUs reported 999 cases of domestic
violence. Of the 787 reported cases in the northern, southern, and
eastern regions of the country, 133 perpetrators were charged but only
seven were convicted. Of the 787 cases, 340 remained under
investigation at year's end. Data on convictions in the 212 cases in
the western region (including Freetown) was unavailable. The FSU does
not maintain statistics on conviction rates, but NGOs indicated 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 other 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 other violence.
Awareness of the law resulted in an increase in reported cases in urban
areas; however, most human rights organizations noted domestic violence
continued to be most prevalent and underreported in the northern
provinces.
According to the 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.
Female Genital Mutilation (FGM).--See section 6, Children.
Sexual Harassment.--The law does not specifically prohibit sexual
harassment in the workplace, and harassment was widespread.
Reproductive Rights.--The Ministry of Health and Sanitation
reported that between January and November, there were 262,437 clients
for family planning services, including long-term and permanent
treatments, such as intrauterine devices (IUDs), tubal ligation,
implants, and injectables, as well as oral contraceptives and male and
female condoms. Women and men generally were free to decide responsibly
the timing, number, and spacing of their children. NGOs reported that
70 percent of women of reproductive age participated in family planning
decisions, including contraception. Most couples who practiced family
planning made independent decisions, while some reported that other
influences and pressures, such as family and religion, were determinant
factors in family-planning decisions. 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.
Between January and November, approximately 47 percent of women
gave birth in hospitals and ``peripheral health units,'' grassroots
health posts located primarily in rural areas. Health professionals
assisted at 45 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
with few services. Women also rarely had equal access to family
finances, and male partners did not always see pre- and post-natal care
as a priority.
According to U.N. estimates, there were 970 deaths per 100,000 live
births, and a woman's lifetime risk of maternal death was one in 21.
With support from the international donor community, the government
continued to implement the free healthcare initiative launched in April
2010, and the number of women seeking prenatal care and giving birth in
medical facilities increased. However, the program continued to be
plagued with problems delivering drugs and other supplies to rural
areas. Pilfering of pharmaceutical supplies for resale within Sierra
Leone or smuggling across the border to Guinea was widespread.
Women were diagnosed more frequently than men with sexually
transmitted infections, including 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.
Discrimination.--The law gives either spouse the right 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 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. However, the law defined ``property'' as mutually
owned land; because 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 widow thus had a right to it.
The Ministry of Social Welfare, Gender, and Children's Affairs
continued to implement of the Sierra Leone National Gender Strategic
Plan, a four-year (2010 to 2013) strategic framework drafted in
conjunction with the U.N. Population Fund (UNFPA) and the U.N.
Development Fund for Women (UNIFEM). 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 formal laws or could choose to ignore them. 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.
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, have a statutory right to own
property in their own names. However, many women in the provinces,
which are governed by customary laws that vary from chiefdom to
chiefdom, do 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.
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 with 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 was not provided 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.--Birth Registration.--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.
Birth registration was not universal due to inadequate staffing and
resources. The chief registrar also noted that a lack of registration
materials (such as paper forms) also hindered new registrations.
However, lack of registration did not affect access to public services,
nor did it result in statelessness.
Education.--Education is universal and compulsory through age 15,
which includes six years of primary school and three years of junior
secondary school. Although no tuition is charged, 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.
Child Abuse.--Sexual violence against children was a widespread and
growing problem; however, the government took few steps to address the
issue. FSU personnel 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
slightly improved their ability to prevent and respond to cases, the
conviction numbers remained very low. From January to June, the FSU
reported 411 cases of child abuse, which included abuse of young girls,
unlawful carnal knowledge (a general term for child rape), child
neglect, and child cruelty. Although perpetrators in many of these
cases were charged and convicted, a large number were withdrawn or
resolved through informal negotiation.
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 were 70 child welfare committees across the country,
but they were not fully functioning.
Child Marriage.--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.
Harmful Traditional Practices.--Female Genital Mutilation is
performed predominantly by women's secret societies. In secret
societies, ``sowies,'' the women who perform genital cutting, continued
to advocate for the practice. According to UNICEF approximately 90
percent of girls had undergone FGM.
The 2007 Child Rights Act does not explicitly address FGM. However,
the Ministry of Social Welfare, Gender, and Children's Affairs
interprets FGM to be covered 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.
Police occasionally detained or arrested practitioners on
accusations of forced mutilation or manslaughter. For example, on
December 19, SLP officers arrested two male suspects involved in the
December 16 initiation ceremony of 10 young women in Kenema District;
one 19-year-old woman died as a result of severe injuries during the
cutting. However, human rights workers reported that police generally
remained hesitant to interfere in cultural practices. There have never
been any prosecutions for FGM.
FGM ceremonies (``bondo'') are led by sowies, who are exclusively
women, generally at the behest of mothers who themselves underwent the
procedure when young and want their daughters initiated into a women's
secret society. Although most sowies have other employment, performing
FGM is a major source of income for many of them, so they object to FGM
eradication programs on both cultural and economic grounds. At the
community level, eradication efforts focused on providing opportunities
to sowies to obtain other income, as well as ``sensitizing'' parents
not to subject their daughters to the procedure. Simultaneously, the
U.N. and local NGOs worked with traditional leaders and local chiefs on
a range of interventions, including establishing ``sowie associations''
aimed at convincing sowies to increase the minimum age of initiations
to 18 years or to eliminate FGM from initiation ceremonies, as well as
efforts to persuade local chiefs to impose bylaws outlawing FGM for
children, and include FGM eradication in district development plans.
The U.N. also held or funded workshops for local social workers and
traditional leaders on prevention measures, as well as health care and
psychosocial support for victims, particularly girls who had run away
from home to escape the cutting. However, groups of sowies continued to
threaten health and social workers advocating for an end to FGM,
particularly in Moyamba District in January and February.
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.
Sexual Exploitation of Children.--Forced child prostitution
continued to be a problem. A UNICEF analysis of Freetown and Bo
indicated that more than half of the street children were forced to
engage in prostitution. NGOs stated there appears to be little
political will to address the problem. 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. There was no record of charges
or convictions for child pornography having ever taken place.
Displaced Children.--Besides prostitution, many children were
forced to engage in petty trading and other economic activities to
survive and were vulnerable to trafficking and other exploitative
practices.
Institutionalized Children.--According to a 2009 UNICEF report,
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 UNICEF minimum standards were shut down. Each facility provided
at least one meal a day, some health care, and some type of education.
International Child Abductions.--The country is not a party to the
1980 Hague Convention on the Civil Aspects of International Child
Abduction.
Anti-Semitism.--The country's Jewish population is generally
considered to be miniscule. There is no indigenous Jewish population,
only a very small number of temporary residents such as employees of
foreign diplomatic missions or NGOs. There were no reports of anti-
Semitic acts.
Trafficking in Persons.--See the Department of State's Trafficking
in Persons Report at http://state.gov/j/tip.
Persons With Disabilities.--In March Parliament passed the Persons
With Disabilities Act of 2011, which prohibits discrimination against
persons with disabilities in employment and provision of state
services. It further calls for free health care and education for the
disabled, equal access to government buildings, housing, and public
transportation, and provision of rehabilitation services; however, at
year's end only three rehabilitation centers existed. At year's end
NGOs supporting persons with disabilities claimed the government had
made no headway on implementing the act's provisions. Given the high
rate of general unemployment, work opportunities for persons with
disabilities were few, and begging by them was commonplace. Children
with disabilities were also less likely to attend school than other
children.
There is considerable stigma associated with and discrimination
against persons with mental health issues. The Sierra Leone Psychiatric
Hospital in Kissy, the only inpatient psychiatric institution, had beds
for 400 patients but housed only an estimated 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 100,000 people suffered severe depression,
generally due to socioeconomic problems. Approximately 50,000 people
suffered drug and alcohol-induced psychosis, or psychoses caused by
diseases like malaria. There were an estimated 100,000 severe drug
abusers using alcohol, marijuana derivatives, or cocaine. In addition
the hospital estimated there were 25,000 mentally retarded persons and
25,000 people suffering from epilepsy. The vast majorities of these
people remained untreated and received no public services. The hospital
lacked sufficient beds, and patients easily destroyed mattresses.
Patients were not provided sufficient food. Patient restraints were
primitive and dehumanizing. The hospital did not have running water and
only sporadic electricity due to lack of funds. Basic medications were
available, but many drugs targeted at specific problems were lacking.
Hospital staff was poorly paid; in September nurses, caterers, and
cleaners threatened to strike until their salaries were augmented and
they were provided with uniforms and raincoats.
In September, in an effort to expand mental health services to
areas outside Freetown, the Ministry of Health and Sanitation, in
collaboration with the World Health Organization, certified 25 mental
health workers in Bo.
The Ministry of Health and Sanitation is responsible for providing
free primary healthcare 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.
National/Racial/Ethnic Minorities.--The ethnically diverse
population consisted of 18 ethnic groups of African origin, and many
spoke distinct languages and were concentrated outside urban areas. In
addition there were significant ethnic 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 are 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, 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 remains 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. No president
has done so since the end of the civil war in 2002. In May the
government announced new procedures whereby ``non-Africans'' who have
lived in Sierra Leone for at least eight years (two for foreigners
married to Sierra Leonean citizens) may apply for naturalization. The
president must still approve all applications personally.
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 not of ``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, nonnaturalized persons born in the
country are entitled to a Sierra Leonean passport, and many Lebanese
Sierra Leoneans travel on one without difficulty.
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 gender identity or sexual
orientation. A law from 1861 prohibits male homosexual acts
(``buggery'' and ``crimes against nature''); 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 attempting such an assault. However, the law was not enforced
in practice. During Sierra Leone's Universal Periodic Review in May in
the UNHRC, the attorney general and minister of justice told the
Working Group that all persons in the country will be protected
regardless of their sexual orientation. However, the government
subsequently rejected three of 129 Working Group recommendations, two
calling for decriminalizing all sexual activity between consulting
adults and one calling for legislation to prohibit discrimination based
on sexual orientation and gender identity.
Despite the lack of enforcement of the 1861 law, police continued
to harass, detain, and beat persons perceived to be of the gay,
bisexual, lesbian and transgender (LGBT) community. For example, on
July 9, a group called police to complain that neighbors were throwing
stones and shouting homophobic epithets at them, but the police
arrested eight victims instead because they were perceived to be gay.
They were held overnight and released without charge.
Men dressed as women were singled out for detention, harassment,
and public humiliation but were not formally charged with any crime or
misdemeanor.
A few organizations, including DignitySL and the local chapter of
Why Cant We Get Married.com, worked to support LGBT persons, but they
maintained very low profiles. Gay pride parades and other public
displays of solidarity could not safely take place.
Social discrimination based on sexual orientation occurred in
nearly every facet of life for known gays and lesbians, and many chose
to have heterosexual relationships and family units to shield them. In
the areas of employment and education, sexual orientation was the basis
for abusive treatment, which led individuals to leave their jobs or
courses of study. It was difficult for gay men and lesbians to receive
the health services due to fear that their confidentiality rights would
be ignored if they were honest about their ailments; many chose not to
be tested or treated for sexually transmitted infections. Secure
housing was also a problem for LGBT persons. Their families frequently
shunned gay children, leading some to turn to prostitution to survive.
Adults could lose their leases if their sexual orientation became
public. Lesbian girls and women were also victims of ``planned rapes''
that were initiated by family members in an effort to change their
sexual orientation.
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 continue to suffer the
rejection and stigma.
Vigilante violence was common in urban areas, particularly for
suspected thieves and unsettled debts. Police frequently were not
present or chose not to intervene in vigilante attacks.
Section 7. Worker Rights
a. Freedom of Association and the Right to Collective Bargaining.--
The law allows workers in both the public and private sectors to join
unions of their choice without prior authorization; however, it
prohibits civil service employees, police, and members of the armed
services from joining unions. The law allows workers to organize but
does not prohibit antiunion discrimination against union members or
prohibit employer interference in the establishment of unions. 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 a strike is
lawful.
The law provides for collective bargaining. Collective bargaining
must take place in trade group negotiating councils, each of which had
an equal number of employer and worker representatives.
While the government generally protected the right of workers in
the private sector to form or join unions, its enforcement of
applicable laws was untested. According to the Ministry of Labor,
approximately 35 to 40 percent of workers in the formal economy were
unionized, including mainly agricultural, mine, and health workers.
However, by year's end the government still had not granted a
bargaining certificate to the Civil Servants' Union, whose application
had been on file since 1986. All unions are independent of political
parties and the government. However, in some cases, such as the Sierra
Leone Teachers' Union, the union and the government had a close working
relationship, and the Sierra Leone Labour Congress enjoyed a cordial
relationship with the government.
In some private industries employers were known to intimidate
workers to prevent them from joining a union. There were no reports of
violence, threats, or other abuses targeting union leaders and members
by government or employers during the year.
The government generally protected the right to collectively
bargain in practice. Collective bargaining was widespread in the formal
sector, and most enterprises were covered by collective bargaining
agreements on wages and working conditions. No reliable data was
available on the percentage of workers covered by collective
agreements.
The majority of industrial actions were taken against the
government, primarily to protest unpaid salaries and reduced benefit
packages. The government generally did not interfere with peaceful
demonstrations and attempted to negotiate with workers and labor unions
in good faith. However, tensions complicated negotiations.
In February employees of the Sierra Leone Ports Authority
continually threatened to stage violent protests against the government
preceding the March 1 privatization of the Port of Freetown. Workers
were concerned that Bollore, the French company that was awarded the
government contract to operate the port, would lay off dockworkers but
not pay them the full end-of-service benefit stipulated by the terms of
employment in the Sierra Leone Gazette. Tense negotiations were held
between the Sierra Leone Labour Congress, representing the Dock Workers
Union and the Maritime & Waterfront Union; the government, represented
by the Ministry of Labor & Employment and the Sierra Leone Ports
Authority; and Bollore. All parties agreed the end-of-service benefit
would be paid in installments over a period of five years, but the
workers were not appeased. On February 25, the minister of labor and
employment attempted to convince the workers at the port to accept the
severance package, but the angry crowd threw stones, water, and garbage
at him and threatened continued violence. On March 1, the first day of
the port's privatization, the President's office warned workers not to
riot, as they would be ``met with the full force of the law.'' On March
25, workers staged another protest during which the SLP reportedly
fired live ammunition and tear gas canisters, resulting in several
injuries. By early April the situation had been resolved, and laid-off
workers received their end-of-service benefits and redundancy payments.
Simultaneously, early in the year the Sierra Leone Teachers' Union
(SLTU) had been in long negotiations with the government over an
increase in teacher salaries. In February a group of teachers who
believed the SLTU was not being aggressive enough embarked on a wildcat
strike and refused to return to their schools. Shortly thereafter the
SLTU and the government agreed to a pay reform package to take effect
on March 1, although the SLTU claimed the agreement was reached
independently of the wildcat strike. During the intra-SLTU conflict,
several irregularities in SLTU operations came to light, including
illegal deduction of union dues from teacher salaries without prior
agreement, misuse of funds, actions not in the interest of teachers,
and generally nontransparent behavior. The Ministry of Labor &
Employment requested an investigation by the Anti-Corruption Commission
into the SLTU, which many perceived to be government interference in a
labor union. At year's end results of the investigation were pending.
Meanwhile, in September teachers in Freetown, unhappy with the new pay
package, refused to return to their schools for the new school year,
delaying the start of classes by nearly a month.
b. Prohibition of Forced or Compulsory Labor.--The law prohibits
most forms of forced and compulsory labor, including by children. Under
a provision of the Chiefdom Councils Act, pending repeal or amendment
since 1964, individual chiefs may impose forced labor as punishment and
have done so in the past, although there were no reports of it 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.
The government did not effectively enforce the law, and the
practice of forced labor occurred. Forced child labor occurred
primarily in artisanal diamond mining operations. Children, primarily
boys, shoveled and carried sand and gravel to washing sites and often
washed the sand and gravel. Younger children carried water and food to
the miners and performed other errands. Many girls, particularly teens,
were forced into prostitution. Work sites were often dangerous, with
frequent collapses of pit walls, and basic sanitation was nonexistent,
with children regularly contracting gastrointestinal infections.
In remote villages children were forced to carry heavy loads as
porters, resulting in stunted growth and development. Children were
also exploited in sand mining, fishing, hawking, and granite quarrying.
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 where they were involved in street vending, stealing, and
begging.
Also see the Department of State's Trafficking in Persons Report at
http://state.gov/j/tip.
c. Prohibition of Child Labor and Minimum Age for Employment.--The
law limits child labor, allowing light work at age 13, full-time
nonhazardous work at age 15, and hazardous work at age 18. The law
states that children under 13 should not be employed in any capacity.
Provided they have finished schooling, children age 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. While
the law does not stipulate specific conditions of work, such as health
and safety standards, it prohibits children under the age of 18 to be
engaged in hazardous work, that is, work that poses a danger to the
health, safety, and ``morals'' of a person, including: going to sea,
mining and quarrying; porterage of heavy loads; chemicals
manufacturing; work in places where machines are used; and work in
places, such as bars, hotels, and places of entertainment, where a
child may be exposed to ``immoral behavior.''
The Child Labor Unit of the Ministry of Labor is responsible for
enforcing child labor laws and monitoring compliance. 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. The Freetown City Council
contributed nonfinancial support to programs that provided free
schooling and other services to at-risk youth.
During the year the ministry continued to implement the ``Tackling
Child Labor Through Education (TACKLE)'' project with funding from the
ILO's International Program for Elimination of Child Labor and the EU.
In addition, the ministry, in conjunction with Statistics Sierra Leone
and with ILO funding, conducted a nationwide cross-sector survey on
child labor between May and August, but the results had not been
released by year's end. Mitigation efforts had mixed results. UNICEF
officials were reluctant to advocate against children working for
school fees too strongly, since without those fees the children would
not be able to attend school. In addition, local civil society
organizations (CSOs) reported that attempts to mitigate this problem
were often met with resistance, a sense that outsiders were trying to
impose alien, ``Western'' values on traditional African society. Thus,
child labor persisted with the full knowledge and endorsement of the
children's families.
Ministry officials admitted that the unit was ``not too
functional'' due to lack of funding. The Ministry of Labor employed 20
labor inspectors to ensure employee health and welfare and 15 factory
inspectors to ensure factories met minimum technical standards for
safety. All inspectors focused primarily on Freetown and covered all
issues of labor and occupational safety and health in addition to child
labor. At year's end the ministry had not set up branch offices to
decentralize monitoring efforts, particularly in remote areas where the
most egregious violations occurred. There were no reports that
authorities conducted any child labor inspections during the year.
Primarily used in the informal economy, child labor was often hidden
from inspectors and other authorities. The government was unable to
produce any statistics on arrests or prosecutions for violating child
labor regulations.
Child labor remained widespread. Almost half of children ages 14
and 15 were engaged in some form of child labor. The rate varied from
27 percent in urban areas to 57 percent in rural areas. Children were
subjected to a variety of exploitative labor, including petty trading,
carrying heavy loads, breaking rocks, harvesting sand, begging, deep-
sea fishing, agriculture, domestic work, the sex trade, scavenging for
scrap metal and other recyclables, and other age-inappropriate forms of
exploitative labor under often hazardous conditions. Larger companies
enforced strict rules against child labor, but it remained a pressing
issue in small-scale informal artisanal diamond and gold mining.
In many cases children worked alongside parents or relatives and
abandoned educational or vocational training. In rural areas children
worked seasonally on family subsistence farms. Children also routinely
assisted in family businesses and worked as petty vendors. There also
were reports that adults asked orphanages for children to work as
household help. Many girls engaged in prostitution as a means of
support, particularly those displaced from their homes and with few
resources. Because the adult unemployment rate remained high, few
children were involved in the industrial sector or elsewhere in the
formal economy.
Tradition requires children to fulfill their traditional roles,
which include working to help generate income for the family or village
even if it means missing school. In subsistence farming families, many
children did not attend school, in order to work as field laborers.
UNICEF indicated many children, particularly in the towns, worked part
time to earn money necessary to pay school fees. The Campaign for Just
Mining stated this was equally true in the sand and stone quarries in
the Western Area surrounding Freetown. While these children attended
school, they were effectively denied the time and energy to study and
complete homework during their off-hours.
The paramount chiefs played varying roles in addressing child
labor. CSOs pointed out that many were part of the problem. UNICEF
mentioned that although many paramount chiefs enacted bylaws to
strengthen existing national laws, for example, to prohibit children
from being forced to carry heavy loads, no bylaws were passed
specifically targeting child labor in the mining sector. In the mining
areas, chiefs deferred child labor issues to the national government,
since until 2009 all land used for mining was considered state
property. Many mining companies worked directly with the Ministry of
Mineral Resources without going through chiefs, so the chiefs did not
see social problems associated with mining as their responsibility.
Also see the Department of Labor's Findings on the Worst Forms of
Child Labor at http://dol.gov/ilab/programs/ocft/tda.htm.
d. 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. The Ministry of Labor is responsible
for enforcing the minimum wage.
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 is responsible for setting
and enforcing safety and health (OSH) standards. Initially a union
could make a formal complaint about a hazardous working condition; if
the complaint was rejected, the union could issue a 21-day strike
notice.
The law protects both foreign and domestic workers.
According to government and NGO sources, laws and standards
continue to be violated primarily due to lack of enforcement, rather
than the deterrent effect, or lack thereof, of the penalties. Workers
in the mining and road construction industries complained to their
private employers about safety concerns, and companies took action
before the government needed to intervene.
Minimum wage compliance was particularly 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.
The law provides for paid overtime. The law also requires employers
to provide protective clothing and safety devices to employees whose
work involves ``risk of personal safety or potential health hazard.''
Although compliance with the law was inconsistent, no formal complaint
about a hazardous working condition was reported during the year.
Workers who removed themselves from dangerous work situations without
making a formal complaint risked being fired.
Violations of wage, overtime, and occupational safety and health
standards were most frequent within the unorganized artisanal diamond
mining industry. Violations also commonly affected others, including
street vendors and market stall workers, rock crushers, and day
laborers, many of whom migrated to Freetown to seek employment but, out
of desperation, were vulnerable to exploitation in order to earn enough
for a day's meal. There were numerous complaints of unpaid wages and
lack of attention to injuries sustained while on the job, but victims
often did not know where to turn for recourse, or their complaints went
unresolved.
__________
SOMALIA
executive summary
Somalia is fragmented into regions led in whole or in part by
different entities, including: the Transitional Federal Government
(TFG) in Mogadishu, the self-declared Republic of Somaliland in the
Northwest, Puntland in the Northeast, and Galmuduug in the central
region. The TFG was formed in 2004 with a five-year mandate to
establish permanent, representative governmental institutions and
organize national elections. In 2009 a 550-member Transitional Federal
Parliament (TFP), established under the internationally backed Djibouti
Peace Process, extended the TFG's mandate until August 2011 and elected
Sheikh Sharif Sheikh Ahmed as TFG president. On February 3, the TFP
unilaterally extended its mandate by a further three years.
On June 9, following a six-month stalemate between the TFP and the
TFG (collectively referred to as the Transitional Federal Institutions,
or TFIs) over ending the transitional period, both the president and
the parliamentary speaker, Sharif Hassan Sheikh Aden, signed the
Kampala Accord. That accord extended the transition period to August
20, 2012, and stated that elections for president and parliamentary
speaker should take place prior to that date. On September 6, the TFIs
as well as regional and political stakeholders endorsed a Roadmap for
Ending the Transition that includes the key essential tasks to be
completed before August 2012. On December 13, members of the TFP passed
a vote of no confidence against parliamentary speaker Sharif Hassan.
The TFG, African Union, Intergovernmental Authority on Development, and
Speaker Sharif Hassan himself all deemed the no-confidence vote to be a
violation of the Kampala Accord and questioned whether the vote
followed proper parliamentary procedure. At year's end Sharif Hassan
remained in the speakership position.
Conflict-related abuses, including killings, displacement, and
restriction of humanitarian assistance continued to severely impact
civilians. According to the U.N., there were 1.36 million internally
displaced persons (IDPs) in the country and 955,000 persons had taken
refuge in other countries, primarily due to conflict, famine, and
drought. Approximately 300,000 Somali refugees arrived in Kenya,
Ethiopia, Djibouti, and Yemen during the year. The rule of law was
largely nonexistent. Al-Shabaab controlled most of the south and
central regions, where it committed human rights abuses including
killings, torture, restriction of humanitarian assistance, and
extortion. On August 6, al-Shabaab withdrew from most areas of
Mogadishu, but in the following months it continued attacks in the
city.
In Mogadishu, Puntland, and Somaliland, severe human rights abuses
included killings by security forces, militias, al-Shabaab, and unknown
gunmen; restrictions on freedom of the press, including violence
against journalists; and discrimination and violence against women and
girls, including rape and female genital mutilation.
Other major human rights abuses included harsh and life-threatening
prison conditions; arbitrary arrest and detention; denial of a fair
trial; restrictions on freedom of assembly and association; corruption;
restrictions on the right of citizens to peacefully change their
government; 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. Al-Shabaab committed human rights abuses including extrajudicial
killings; disappearances; cruel and unusual punishment; rape;
restrictions on civil liberties and freedom of movement; restrictions
on nongovernmental organizations (NGOs) and humanitarian assistance;
and use of child soldiers. Militias, including those affiliated with
the TFG, also committed abuses. Pirates abducted and killed persons.
TFG, Somaliland, and Puntland authorities generally did not take
steps to prosecute or punish officials who committed abuses, and
impunity was the norm.
Section 1. Respect for the Integrity of the Person, Including Freedom
from:
a. Arbitrary or Unlawful Deprivation of Life.--The TFG and allied
militias, Somaliland and Puntland forces, al-Shabaab, and pirates
committed arbitrary killings. Conflict continued to kill civilians and
humanitarian workers were also killed (see section 1.g.).
TFG forces, affiliated militias, and persons in TFG uniform killed
civilians, including a journalist (see section 2.a.), demonstrators
(see section 2.b.), IDPs, and others.
For example, on February 15, members of former Mogadishu mayor
Mohamed ``Dheere's'' TFG-allied militia killed four people and injured
12 others when they fired on a peace festival organized by the Benadir
(Mogadishu) regional administration. On February 16, after pressure
from the international community, TFG and African Union Mission in
Somalia (AMISOM) forces arrested Dheere and four members of his militia
suspected of being linked to the attack. On March 27, a court released
Dheere due to lack of evidence. The four other suspects remained in
detention without charge at year's end.
TFG forces killed persons during food distribution. For example, on
August 5, in Mogadishu, TFG-affiliated forces looted a food
distribution site at the Badbaado IDP camp, killing IDPs waiting in
line for their food rations. After the incident the TFG established a
special task force to offer protection for IDPs and humanitarian aid
workers; however, the task force did not function effectively.
Defendants in many TFG military trials, which sometimes included
civilian defendants, were not afforded legal representation or the
opportunity to appeal (see also section 1.e.). Those sentenced to death
were sometimes executed within hours of the court's verdict. The TFG
stated that these severe sentences and immediate execution upon
conviction were necessary to send a ``strong message'' in a culture of
impunity. On March 16, a TFG military court ordered the execution of
two soldiers found guilty of killing fellow soldiers. The two were
executed 10 days later.
On October 30, police in Somaliland fired on civilians while trying
to forcibly evict more than 50 households near the Hargeisa General
Hospital, killing a Hargeisa University student and injuring three
others. The residents had been living in vacated government buildings
for more than 20 years and had previously demanded that Somaliland
authorities settle them on alternate land or adequately compensate them
for the money that they had spent on renovations.
The Puntland administration's use of force to respond to insecurity
led to several deaths. On September 1-2, fighting broke out in the
Garsoor neighborhood of North Galkacyo between Puntland police and the
dominant local subclan after police attempted to arrest suspected al-
Shabaab members. The fighting killed several persons in North Galkacyo
and in neighboring South Galkacyo, Galmuduug, where Puntland forces
entered without authorization from Galmuduug.
Al-Shabaab committed arbitrary and politically motivated killings,
including of Puntland officials. On September 20, in Galkacyo,
unidentified gunmen shot and killed parliamentarian Abdiweli Musa Shire
``Dhuuke'' while he was driving to his house.
Al-Shabaab attacks on local humanitarian workers, NGO employees,
and foreign peacekeepers resulted in deaths during the year (see
section 1.g.).
Al-Shabaab forces killed prominent peace activists, community
leaders, clan elders, and their family members for their roles in
attempted peace building. It frequently issued death threats against or
killed persons it suspected of working for or having links to the TFG.
Al-Shabaab in the Juba, Bay, and Bakol regions arrested and
beheaded several persons accused of spying. For example, on April 13,
al-Shabaab ordered relatives of Hared Ali Durdur to collect his
beheaded corpse from a Kismayo hospital two weeks after kidnapping him
from his house. Al-Shabaab claimed Durdur had made telephone contact
with TFG troops in Dobley, Gedo region.
On August 14, al-Shabaab militants executed nine public transport
workers--six drivers and three conductors--in the Afgoye corridor
outside Mogadishu after they failed to comply with extortion demands.
Pirates also killed persons during the year. For example, on
February 22, pirates operating in the Gulf of Aden killed four American
hostages they had kidnapped on February 4.
During the year AMISOM forces killed a journalist, and unknown
assailants also killed other journalists (see section 1.g. and 2.a.).
Fighting between clans, typically over water and land resources in
Puntland, resulted in the killing or displacement of hundreds of
persons. Authorities investigated very few cases, and there were no
reports that any investigations resulted in formal action by local
justice authorities. There were also frequent clan-based armed clashes
in Galkacyo, Puntland, and surrounding nomadic villages, despite local
efforts to mitigate clan conflict. Intermittent clashes over resources
were also reported in the Mudug and Bari regions of Puntland and in the
Galgaduud region.
Land mines throughout the country caused civilian deaths (see
section 1.g.).
b. Disappearance.--There were no confirmed reports that TFG,
Puntland, or Somaliland authorities committed politically motivated or
other disappearances during the year.
Al-Shabaab abducted persons during the year, including
businesspersons who resisted its extortion demands. For example, on
August 25, al-Shabaab militia abducted a Somali businessman at the
Elesha Biyaha IDP camp on the outskirts of Mogadishu after he resisted
extortion demands. His whereabouts were unknown at year's end.
The abduction of humanitarian and NGO workers, including by al-
Shabaab, was a problem (see sections 1.g. and 5). NGO workers were
kidnapped during the year.
The number of piracy-related kidnappings in the Gulf of Aden and
the Indian Ocean declined from previous years as a result of
international action and Puntland's antipiracy efforts. The
International Contact Group on Piracy off the Coast of Somalia
indicated that pirates were holding approximately 19 vessels and 268
persons at year's end.
Unlike in previous years, there were no reports that clans employed
abduction as a tactic in their disputes.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The Transitional Federal Charter (TFC) provides for the
right to physical security. The Puntland constitution provides for the
right to physical security and protection of personal dignity. The
Somaliland constitution similarly prohibits physical punishment and any
other injury to the person.
There were reports that TFG forces and allied militias committed
sexual violence, including rape, against women in and around Mogadishu
IDP camps. Militias also reportedly raped women who were on their way
to refugee camps in neighboring Kenya. In response the TFG prime
minister announced on October 25 that he would form a task force on
gender-based violence in the Prime Minister's office. Subsequently, he
appointed a gender-based violence focal point. The focal point was not
operational at year's end.
Somaliland authorities beat journalists (see also section 2.a.).
For example, on September 10, Somaliland police physically assaulted
Saleban Abdi Ali, a reporter for the newspaper Waheen, and detained him
for several hours as he tried to attend a press conference called by
the Somaliland interior minister.
On December 28, Puntland presidential security guards reportedly
beat journalists attempting to cover a visit by the TFG president to
Bosaaso.
There were several cases throughout the year of al-Shabaab abusing
and imposing harsh punishment on persons in areas under its control.
For example, on April 12, at the Jowhar stadium, hooded al-Shabaab
members amputated the right hands and left legs of three men alleged to
have committed highway robbery. Al-Shabaab often forced members of the
public to watch these types of punishment. Its interpretation of sharia
(Islamic law) resulted in uneven, and in most cases, draconian
sentencing (see section 1.e.). Canings, beatings, and other abuses were
used to punish persons for activities such as participating in
prohibited recreational activities and dressing in a way deemed
improper. Al-Shabaab also employed intimidation, beating, and torture
to extract confessions.
There were widespread press reports throughout the year of al-
Shabaab combatants committing rape and forced marriages.
Female genital mutilation (FGM) was widespread (see section 6).
Prison and Detention Center Conditions.--Prison and detention
center conditions remained harsh and life threatening in all regions.
Overcrowding; poor sanitation; lack of health care; and inadequate
food, water, ventilation, and lighting were some of the harsh
conditions that persisted in prisons and detention centers throughout
the country. For example, in July a Puntland prison held some 500
inmates in a facility with a capacity of 200. Tuberculosis and
pneumonia were widespread. Detainees' families and clans were generally
expected to pay the costs associated with detention. In many areas
prisoners depended on family members and relief agencies for food.
Information on the prevalence of death in prison and pretrial detention
centers was not available.
TFG prison officials reported that there were an estimated 400
prisoners in Mogadishu central prison. In mid-November the Justice
Ministry director general told media that there were approximately
2,000 prisoners and detainees in Somaliland. Data on the number of
prisoners and detainees in Puntland was unavailable.
In prisons and detention centers, juveniles frequently were held
with adults. Female prisoners were separated from males. Pretrial
detainees were often not separated from convicted prisoners,
particularly in the south and central regions. The incarceration of
juveniles at the request of families who wanted their children
disciplined continued to be a problem.
Prisoners and detainees had access to visitors and were permitted
religious observance. The TFG denied the European Union and U.N. access
to its national security detention center in Mogadishu. Puntland and
Somaliland authorities permitted prison monitoring by independent
nongovernmental observers. There were no known visits by the
International Committee of the Red Cross (ICRC) to prisons in the
country during the year; however, in Somaliland a prisons conditions
management committee organized by the U.N. Development Program and
composed of medical doctors, government officials, and civil society
representatives continued to visit prisons. Prisons did not have
ombudsmen and did not take steps to improve recordkeeping.
In Somaliland authorities investigated credible allegations of
inhumane conditions. During an annual assessment of prison conditions
conducted between July 13 and July 27, the House of Representatives'
Judicial, Justice, and Human Rights Committee, with U.N. support,
visited prisons/detention centers in four of the six Somaliland
regions. In its report to parliament, the committee detailed
congestion; inadequate water, food, and sanitation; and the lack of
facilities to hold women and children.
In Puntland a 2010 U.N. independent expert report referred to
``terrible detention conditions of the central prison of Garowe, in
particular keeping prisoners in shackles.''
Al-Shabaab operated dilapidated detention centers in areas under
its control in the south and central regions. No statistics were
available, but observers estimated that thousands were incarcerated in
inhumane conditions for relatively minor ``offenses'' such as smoking,
listening to music, watching or playing soccer, or not wearing the
hijab.
d. Arbitrary Arrest or Detention.--The TFG's national security
forces, TFG allied militias, Somaliland and Puntland authorities, al-
Shabaab, and various clan militias across the country continued to
engage in arbitrary arrest and detention, including of journalists (see
section 2.a.).
Local and international human rights organizations reported that
the TFG made fewer arrests than in previous years and usually released
detainees quickly.
Security forces in Puntland arbitrarily arrested people immediately
after security incidents. Most of those arbitrarily arrested were
journalists and Somalis from the south and central regions.
For example, on August 11, Puntland forces intercepted a convoy
transporting Somaliland officials in the Sool region and arrested 19
people. One of the Somaliland officials was killed in the altercation
and several others sustained injuries. Puntland authorities released
eight of those arrested after determining that they were not Somaliland
officials. On August 24, a Puntland court sentenced eight of the
officials to prison terms ranging from five to 10 years for
``destabilizing Puntland.'' On November 24, Puntland's president
pardoned the eight officials.
Al-Shabaab militias across the south and central regions
arbitrarily arrested persons for failing to pay levies it imposed upon
them or support their actions against the TFG. For example, on May 17,
al-Shabaab arrested 10 traditional elders in Kismayo for refusing to
mobilize support against TFG forces. Al-Shabaab arrested 20 elders in
El-buur on October 17 for collaborating with Ahlu Sunnah Wal Jama'a
(ASWJ) on a planned offensive against al-Shabaab. Residents of the town
demonstrated against the arrests, prompting al-Shabaab to release the
elders after one week in detention.
Role of the Police and Security Apparatus.--Police forces in
Somalia fall under a mix of regional administrations and the TFG. In
Mogadishu two separate police forces operated, one under the control of
the TFG and the other under the Benadir Regional Administration. The
TFG police are designated as the national police force and fall under
the Ministry of Interior. The overall TFG police commandant is
appointed by the TFG president. At year's end the TFG police did not
have a presence outside of Mogadishu. Somaliland and Puntland both
maintain police forces in their areas of control. Their respective
police forces fall under their interior ministries.
Police were generally ineffective in the south and central regions,
since much of the area remained under al-Shabaab's control. They were
underpaid and corrupt. With the possible exception of a few UN-trained
police known as the Somali Police Unit, members of the TFG 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. As in previous years, there were
some media reports that TFG troops engaged in indiscriminate firing on
civilians, arbitrary arrests and detention, extortion, looting, and
harassment.
On October 29, the Somaliland House of Representatives passed the
National Security and Public Order Law establishing national, regional,
and district security committees chaired by the president, regional
governors, and district commissioners, respectively, with the ministers
of interior and defense and chiefs of security agencies as members.
Unlike the former National Security Committee, abolished in July 2010,
these committees do not have extrajudicial powers to arrest and
sentence citizens; the new law prohibits the security committees from
bypassing the formal judicial system.
In the south and central regions, Puntland, and Somaliland, abuse
by police and militia members was rarely investigated, and a culture of
impunity remained a problem. Police generally failed to prevent or
respond to societal violence.
Arrest Procedures and Treatment While in Detention.--Previously
codified law required warrants based on sufficient evidence issued by
authorized officials for the apprehension of suspects; prompt
notification to arrestees of charges and judicial determinations;
prompt access to lawyers and family members; and other legal
protections. However, adherence to these procedural safeguards was
rare. There was no functioning bail system or equivalent. TFG security
forces and corrupt judicial officers, politicians, and clan elders
reportedly used their influence to have detainees released.
Arbitrary Arrest.--TFG, Somaliland, and Puntland authorities
arbitrarily arrested and detained numerous persons, including persons
accused of terrorism and of supporting al-Shabaab. They frequently used
allegations of al-Shabaab affiliation to justify arbitrary arrests.
Authorities in Somaliland at times arrested clansmen of persons
accused of murder. For example, the minister of interior ordered the
arrest of nine clan members in relation to a December 5 incident in
which three men were killed in Gebilay. They remained in detention at
year's end.
e. Denial of Fair Public Trial.--The TFC provides for an
independent judiciary, but the judicial system remained largely
nonfunctioning in the south and central regions. The TFC calls for a
high commission of justice, a supreme court, a court of appeal, and
courts of first instance. Some regions established local courts that
depended on the dominant local clan and associated factions for their
authority. The judiciary in most areas relied on some combination of
traditional and customary law, sharia, and the penal code of the pre-
1991 Siad Barre government.
Sharia was enforced in al-Shabaab-controlled areas.
The Somaliland constitution provides for an independent judiciary,
but the judiciary was not independent in practice. Functional courts
existed, although there was a serious shortage of trained judges and
legal documentation upon which to build judicial precedence. Untrained
police and other unqualified persons reportedly served as judges. The
Judicial, Justice, and Human Rights Committee of the House of
Representatives reported widespread interference in the judicial
process by government officials. International NGOs reported that local
officials often interfered in legal matters and that the public order
law was often invoked to detain and incarcerate persons without trial.
On September 5, Somaliland police arrested Waheen reporter Ahmed
Muse Mohamed ``Sagaro'' in the Togdheer region without a warrant. On
September 7, a judge ordered him held in pretrial detention for a week.
Sagarao was released on September 12, with the interior minister and
chief public prosecutor as ``guarantors'' responsible for his future
actions.
The Puntland interim constitution provides for an independent
judiciary; however, there were reports that the administration
intervened and influenced cases involving journalists. It also provides
for a Supreme Court, courts of appeal, and courts of first instance.
Despite these courts having some functionality, they lacked the
capacity to provide equal protection under the law.
In many cases al-Shabaab relied on individuals with questionable
knowledge of Islamic jurisprudence to administer its courts. Al-
Shabaab's interpretation of sharia resulted in hasty, uneven, and in
most cases, draconian sentencing. For example, on August 22, in the
Dayniile District of Mogadishu, al-Shabaab executed by firing squad
three men for espionage. Al-Shabaab also beheaded 12 youths in the
Huriwaa and Dayniile districts of Mogadishu between the second and last
week of August. No reason for the beheading was given; it was suspected
that al-Shabaab believed the youths to be TFG spies. There were reports
of al-Shabaab amputating the limbs of persons suspected of minor theft
and stoning persons to death for suspected adultery.
Traditional clan elders mediated conflicts throughout the country.
Clans frequently used traditional justice, which was swift. Traditional
judgments sometimes held entire clans or subclans responsible for
alleged violations by individuals.
Trial Procedures.--The TFC provides for the right of every person
to legal proceedings in a competent court. It also states that every
person enjoys the presumption of innocence, the right to be present at
trial and consult with an attorney at any time, and adequate time and
facilities to prepare a defense. It also provides for 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, as well as rights pertaining to witnesses, evidence,
and appeal. Most of these rights were not respected in practice in
those areas that applied traditional and customary practices or sharia.
Although the public welcomed the establishment of a TFG military
court in 2009 for its ability to address indiscipline and violations
against civilians, concerns arose in 2011 over lack of due process and
hasty sentences without fair trials handed down to both security
personnel and civilians. Defendants in these military courts rarely had
legal representation or the right to appeal. Those sentenced to
execution were sometimes executed within hours of the court's verdict
(see also section 1.a.). On August 8, a military court sentenced three
soldiers to death by hanging within hours of their arrest, for stealing
mobile phones from Mogadishu's Bakara Market. An August 13 state of
emergency decree gave military courts jurisdiction over crimes,
including those committed by civilians, in parts of Mogadishu from
which al-Shabaab retreated.
In December the military court's prosecutor general issued a press
statement cautioning security personnel against holding detainees
without presenting them for trial within 48 hours.
In Somaliland 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 could question witnesses and present witnesses and evidence
and have the right to appeal. Somaliland provided free legal
representation for defendants who faced serious criminal charges and
were unable to hire a private attorney.
In Puntland, clan elders resolved the majority of cases using
traditional methods known as ``Xeer.'' Those with no clan
representation in Puntland were subject to the administration's more
formalized judicial system. In this system, as outlined in Puntland's
interim constitution, defendants should have the 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 could question witnesses, present witnesses and evidence,
and have the right of appeal. However, there were alleged instances of
political and executive interference in the determination of high
profile political and security cases (see section 2.a.).
There was no functioning formal judicial system in al-Shabaab-
controlled areas. In sharia courts defendants were not given the right
to defend themselves, produce witnesses, or be represented by an
attorney.
Political Prisoners and Detainees.--TFG, Somaliland, and Puntland
authorities arrested journalists during the year (see section 2.a.).
Puntland authorities detained Somaliland officials (see section 1.d.).
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 address these
cases. There were no lawsuits seeking damages for, or cessation of
human rights violations in any region.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The TFC provides for the sanctity of private property
and privacy. The Puntland interim constitution and the Somaliland
constitution also recognize the right to private property. There were
reports that TFG, Puntland, and Somaliland authorities infringed on
these rights, as did al-Shabaab.
On June 3, al-Shabaab entered the home of a family in Jowhar,
Middle Shabelle, and confiscated television and satellite equipment it
suspected of being used to watch the TFG-owned Somali National
Television channel. In July al-Shabaab issued a formal edict forbidding
Jowhar residents to watch Somali television channels, and there were
numerous reports of al-Shabaab entering people's homes to enforce the
ban. On August 10, al-Shabaab summoned all owners of satellite dishes
and gave them three days to reposition their satellite to an eastward
orientation, from which they could not receive Somali television
channels, or have their dishes confiscated.
On several occasions al-Shabaab forcibly evicted people from their
homes in order to house al-Shabaab leaders. For example, on May 31, al-
Shabaab militia forcibly evicted homeowners in the Howlwadag
neighborhood of Jowhar, including a prominent traditional elder.
Al-Shabaab forces withdrew from most of Mogadishu on August 6,
abandoning homes and land it had previously confiscated from Mogadishu
residents or which had been evacuated during clashes between Ethiopian
forces and extremists in 2007. People slowly began returning to their
homes afterwards, causing some disputes over land ownership. There was
no mechanism to address such disputes.
g. Use of Excessive Force and Other Abuses in Internal Conflicts.--
Killings.--Fighting during the year involving the TFG, its allied
forces, and AMISOM against al-Shabaab resulted in the death and injury
of thousands of civilians throughout Somalia and caused the
displacement of many others. The NGO Elman Peace and Human Rights
reported 1,400 civilian deaths in the first six months of the year in
Mogadishu alone. UNICEF reported on November 15 that the conflict
killed 100 children and injured 300 during the year. According to Human
Rights Watch, al-Shabaab used schools as firing positions, with the
students inside. Before August 6, al-Shabaab conducted almost daily
attacks against the TFG and AMISOM in Mogadishu; there were numerous
reports of civilian deaths from these attacks and from TFG and AMISOM
responses. International human rights observers accused all parties to
the conflict of indiscriminate attacks, deployment of forces in densely
populated areas, and failure to take steps to minimize civilian harm.
According to a World Health Organization (WHO) assessment, the three
main hospitals in Mogadishu treated 7,799 weapon-related injuries
between January 1 and December 18.
For example, on April 12, al-Shabaab mortar attacks killed two
civilians and wounded more than 30 others when several artillery rounds
intended for the TFP building landed in a nearby settlement. On June 9,
a remote-controlled device killed nine TFG police and several civilians
in Mogadishu's Hamar Jajab District. On June 16, clashes between ASWJ
militia and al-Shabaab in Mogadishu's Howlwadag District killed an
estimated 10 civilians and injured 22. On June 21, a roadside bomb
planted by al-Shabaab targeting AMISOM and TFG troops killed four
civilians, including two women, in the Hodan District of Mogadishu.
Artillery fire exchanges between AMISOM and al-Shabaab resulted in
the death of more than a hundred civilians in Mogadishu's Bakara Market
between January and June. Improved fire control and discipline by TFG
and AMISOM forces in the second half of the year resulted in fewer
deaths.
After withdrawing from Mogadishu on August 6, al-Shabaab increased
asymmetric attacks. On October 4, a vehicle-borne improvised explosive
device exploded in a compound housing several TFG ministries. The
explosion killed more than 100 people, including several university
students who were waiting in line to receive examination results for
Turkish government scholarships. Al-Shabaab claimed responsibility for
the attack.
On September 2, in Mogadishu, AMISOM troops killed Malaysian
journalist Noramfaizul Mohd and wounded another after firing on the
vehicle in which they were traveling. The journalists were accompanying
a Malaysian charity that was conducting a humanitarian assessment.
Following an inquiry into the incident, AMISOM issued an apology and
recommended that the Burundian soldiers involved in the incident be
tried under Burundian judicial processes. The Government of Burundi
denied that its peacekeepers were involved in the shooting and
requested an independent investigation through the African Union. At
year's end the soldiers in question had not been tried, detained, or
returned to Burundi and were still serving as peacekeepers in
Mogadishu.
The October Kenyan offensive across the Kenyan/Somalia border
toward Afmadow resulted in the flight of significant numbers of
civilians from communities in the path of Kenyan forces. UNICEF
reported that disruptions caused by the fighting between Kenyan forces
and al-Shabaab resulted in the death of 24 children and the injury of
another 60 during October.
On October 30, a Kenyan military airstrike in the town of Jilib,
Middle Juba, reportedly hit an IDP camp. According to Doctors Without
Borders, its clinic received five dead and 45 wounded, mostly women and
children, from the incident. The Kenyan military spokesperson dismissed
reports of civilian casualties and instead claimed the aerial bombs had
hit al-Shabaab targets who used the IDPs as human shields.
Fewer cases involving land mines and unexploded ordnance were
reported than in previous years. On July 16, on the outskirts of Hudur,
Bakol region, two children were killed and another wounded when
ordnance they were playing with exploded.
Militias fought among themselves in Mogadishu, particularly over
the sharing of looted aid and extortion payments. For example, on
August 30, armed clashes among TFG forces along Maka-al-Mukarama road
killed 15 people, including six civilians. The clashes occurred after
some TFG troops attempted to stop others from looting humanitarian food
aid.
At least five aid workers were killed during the year. For example,
on December 23, in Matabaan, Hiran, a gunman killed three Somali aid
workers, including two World Food Program employees after the workers
uncovered fraud at an IDP camp. The ASWJ arrested the gunman who was
still in their custody at year's end pending the conclusion of an
investigation.
Abductions.--Humanitarian workers were abducted during the year; at
year's end several humanitarians remained captive.
On December 14, al-Shabaab kidnapped three ICRC national staff
members on the outskirts of Mogadishu. They had been summoned to a
meeting with al-Shabaab in the Daynille district. Upon arrival, they
were seized and held in a shipping container. They were released on
December 15.
Physical Abuse, Punishment, and Torture.--There were reports of TFG
forces and allied militias committing sexual violence, including rape,
against women in and around Mogadishu IDP camps (see also section 1.a.,
2.d., and 6, Women). Irregular or clan militias also reportedly raped
women who were traversing routes to refugee camps in neighboring Kenya.
There were many cases throughout the year of abuses, including
harsh ``punishment,'' by al-Shabaab in areas under its control (see
sections 1.a., 1.b., and 1.e).
On September 4, the bodies of two beheaded men dumped in the al-
Shabaab-controlled district of Huriwaa in Mogadishu were found. Deep
cuts reportedly visible on their bodies indicated that they were
physically abused before they were beheaded.
Child Soldiers.--Reports continued of children being in the TFG's
national security forces and allied militias. In the absence of
established birth registration systems, it was often difficult to
determine the exact age of recruits of national security forces. In
Mogadishu military ``camps'' were not clearly defined, and soldiers
lived and fought in close proximity to their families. Families--
including soldiers' children--were sometimes present in the ``camps.''
According to a Human Rights Watch report, the TFG reportedly
interrogated children who had been associated with al-Shabaab and
escaped or were captured, detaining an unknown number of them in TFG
camps and detention facilities.
In January the then prime minister appointed a TFG focal point to
address child soldiering. During her seven-month tenure, the focal
point did little to address this issue, citing a lack of resources. On
July 15, the army chief of staff issued an instruction to all Somali
National Army commanders directing them to ensure children were not
among their forces. Toward year's end the TFG appointed two new focal
points to address the issue. In addition, in December the army chief of
staff appointed a child protection point of contact to work with the
international community on developing and implementing a child soldier
action plan.
TFG recruits trained by international partners in Bihanga, Uganda,
were subjected to multiple levels of vetting, including interviews and
medical screening. There were 960 recruits in the cohort that arrived
in February, of whom 29 were rejected as too immature for training. The
November cohort contained 650 recruits, none of whom were determined to
be immature.
U.N. Mine Action Somalia implemented a biometric database which was
designed to improve registration of TFG soldiers. This process was
based on payroll lists and involved a screening interview but not a
physical exam.
There were credible reports that children were included in
Somalia's numerous clan and other militias. Pro-TFG militias, including
ASWJ, frequently fought alongside or intermingled with Somali National
Army troops and even wore similar uniforms.
In May UNICEF and the U.N. special representative of the secretary-
general for children and armed conflict reported an increase in the
recruitment of children, some as young as eight, in conflict areas in
Somalia, largely in al-Shabaab-controlled areas. According to the U.N.,
al-Shabaab recruited children as young as eight from schools and
madrassahs. The children were often used to plant roadside bombs and
other explosive devices. In Kismayo, Baidoa, and Merka, al-Shabaab
forced boys 15 and older to fight as ``Mujahideen'' or be executed.
Human Rights Watch also reported forcible recruitment of children
by al-Shabaab, with al-Shabaab often recruiting the children from
schools or while they traveled to or from school. According to
information from the NGO, children in al-Shabaab training camps
underwent grueling physical training, weapons training, physical
punishment, religious training, and had to witness the punishment and
execution of other children. Al-Shabaab used children in combat,
including by placing them in front of other fighters to serve as human
shields, and also used them as suicide bombers. In addition, al-Shabaab
used children in support roles such as carrying ammunition, water, and
food; removing wounded and killed militants; gathering intelligence;
and serving as guards.
On March 18, the TFG minister of information reported that top al-
Shabaab leader Hassan Dahir Aweys admitted during a Friday mosque
sermon that al-Shabaab was using children in the fight against the TFG.
On January 12, the TFG reported it had reunited more than 20 minors
with their families after they defected from al-Shabaab.
Other Conflict-related Abuses.--A July 18 report of the U.N.
Monitoring Group on Somalia and Eritrea described the security context
and humanitarian operational environment facing aid agencies as being
``among the most prohibitive in the world.'' Approximately 55 security
incidents related to humanitarian personnel or assets occurred from
January to August.
TFG forces and aligned militia looted and collaborated in the
diversion of humanitarian aid from intended beneficiaries in Mogadishu.
On August 21, in the Wajir District of Mogadishu, a TFG-allied militia
attacked a distribution site and looted food aid. Other TFG forces
intercepted the militia and recovered the food. On July 13, in the
Hodan District of Mogadishu, TFG forces and members of the public
looted food aid from a warehouse. On November 1, the TFG spokesperson
announced the TFG had fired the district commissioners of Hamar Jajab
(Mogadishu) and Karan (Mogadishu) because of missing and looted aid and
assaults on women collecting food.
Most international aid organizations evacuated their staff or
halted food distribution and other aid-related activities in al-Shabaab
controlled areas in prior years due to continued killings, extortion,
threats, and harassment. An Inter-Agency Standing Committee on Somalia
report released in October 2010 noted that ``between October 2008 and
September 2010, 18 humanitarian organizations stopped activities due to
their direct expulsion by armed groups or as a consequence of
interference in their programs.'' Al-Shabaab harassed and attacked
remaining aid workers and NGO staff and looted aid meant for the
drought and famine response. For example, on February 2, al-Shabaab
imposed a 10 percent ``tax'' on the salaries of local NGO staff in
Merka, claiming the revenue would be used to support drought victims.
Harassment hampered aid delivery, particularly in the south and
central regions. International aid agencies increasingly relied on
Somali staff and implementing partners to deliver relief assistance
there.
For example, on July 6, in response to the worsening drought, al-
Shabaab spokesperson Ali Mohamoud Raghe ``Ali Dheere'' announced that
al-Shabaab would allow ``Muslims and non-Muslims to help the drought-
affected people.if they did not have other interests.'' On July 22, al-
Shabaab amended its announcement and stated only organizations not
previously banned were allowed to come back. In November al-Shabaab
banned 16 aid organizations and agencies, including the Office of the
U.N. High Commissioner for Refugees (UNHCR), UNICEF, WHO, U.N.
Population Fund, U.N. Office for Project Services, Food Security and
Nutrition Analysis Unit, Norwegian Refugee Council, Danish Refugee
Council, Concern, Norwegian Church Aid, Cooperazione Internazionale,
Swedish African Welfare Alliance, German Agency for Technical
Cooperation, Action Contre la Faim, and Solidarity and Saacid.
Simultaneously al-Shabaab shut down WHO offices in Hudur, Bu'aale,
Wajid, and Belet Weyne; UNICEF, WHO, and NGO offices in Baidoa; WHO and
NGO offices in Hiraan; and NGO offices in Merka.
On December 15, the ICRC temporarily suspended the delivery of food
assistance originating from Mogadishu to areas under al-Shabaab
control. The suspension was in response to local al-Shabaab commanders
stopping trucks carrying food assistance and demanding to check the
cargo under the guise of inspecting the quality of the food, although
in actuality attempting to extort money. At year's end al-Shabaab in
Jowhar, Middle Shabelle continued to hold several ICRC trucks loaded
with food aid.
As a result of al-Shabaab's humanitarian access restrictions,
taxation on livestock, and failed water redistribution schemes, many
residents of al-Shabaab-controlled areas fled from their homes to
refugee camps in Kenya and Ethiopia and to IDP camps in Puntland,
Somaliland, and TFG-controlled areas of Mogadishu. Al-Shabaab
restricted such movements, often forcing those trying to flee its
territories into al-Shabaab IDP camps. Al-Shabaab also attempted to
block persons from fleeing the country. Those who left al-Shabaab areas
typically carried very few possessions, thereby reducing the likelihood
that al-Shabaab militia would identify them as fleeing. On October 15,
al-Shabaab in Lower Shabelle Region announced the closure of the Ala-
Yasir IDP Camp in the Afgoye District. Al-Shabaab reportedly urged IDPs
there to return to their places of origin in Lower Shabelle, Bay, and
Bakool regions in order to cultivate abandoned fields during the Deyr
rainy season. U.N. partners suggested that an estimated 4,000 IDPs,
mainly women and children, may have been forced to return to their
places of origin between October 13 and 18.
In Somaliland humanitarian access was generally good. However,
attacks on humanitarian staff and assets were reported in parts of
Buhoodle, Togdheer Region, which was the scene of clashes between
Somaliland forces and Sool, Sanaag, and Cayn militia. On March 29,
armed militia looted food aid after attacking a truck traveling to
Sanaag Region.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--Status of 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.'' Nevertheless,
journalists were subjected to violence, harassment, arrest, and
detention in all regions. The National Union of Somali Journalists
reported that four journalists were killed, seven were wounded, and 19
were arrested during the year. It also reported on violent attacks
against media houses, as well as the use of defamation laws against
journalists.
Freedom of Speech.--Individuals in TFG controlled areas were
generally not restricted from criticizing the government. However, the
speaker of the TFP prohibited the parliament from convening its four
month fall session due to fear that members would want to discuss and
possibly make changes to the Roadmap for Ending the Transition. In
Somaliland and Puntland, individuals generally enjoyed the ability to
criticize their governments publicly and privately without reprisal.
Freedom of Press.--Print media consisted largely of short,
photocopied dailies published in the larger cities. Several of these
publications published criticism of political leaders and other
prominent persons. In Somaliland there were seven independent daily
newspapers and one published by the government. There were two English-
language weekly newspapers. There were three independent television
stations and one government-owned station.
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 shortwave 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. As in previous years,
Somaliland authorities continued to prohibit the establishment of
independent FM stations. The only FM station in Somaliland was
government-owned. There were at least six independent radio stations in
Puntland. Al-Shabaab continued to operate an FM radio station in
Kismayo.
On October 30, Puntland's president announced he was suspending
Universal TV and Somali Channel TV for being obstacles to security.
Puntland authorities lifted the ban on Universal TV on December 3, but
Somali Channel TV remained closed at year's end.
ASWJ and al-Shabaab closed broadcasting stations during the year.
On June 2, ASWJ raided Dhusamareeb Radio, reportedly in reaction to the
station's reporting on a rift in ASWJ leadership. ASWJ allowed
Dhusamareeb Radio back on the air shortly after the incident. On June
22, al-Shabaab militia raided Voice of Hiraan, arrested its staff, and
forced the station off the air for five days.
Violence and Harassment.--Four journalists were killed in Mogadishu
during the year (see also section 1.g.). For example, on December 18,
an unknown gunman dressed in a TFG military uniform shot and killed
prominent freelance journalist Abdisalan Sheikh Hassan ``Xiis'' in
Mogadishu. On December 13, Hassan had filmed the proceedings of a
controversial parliamentary vote to remove Parliamentary Speaker Sharif
Hassan from office. After his footage was broadcast on Somali
television, he began receiving death threats. The TFG issued a press
statement promising to investigate the killing. The TFG had made no
arrests by the year's end.
Journalists and media organizations in Mogadishu reported
harassment by the TFG, including detention without charge and assaults
on persons and property. On March 27, TFG security forces arrested
Shabelle Radio manager Abdirashid Omar Qasse and news director Abdi
Mohamed Ismail ``Oud'' in connection with the station's March 22 report
that TFG President Sheikh Sharif had yet to visit areas of Mogadishu
cleared of al-Shabaab during a recent offensive. The TFG claimed it
arrested the journalists for ``broadcasting news that misrepresented
the situation in Mogadishu and was detrimental to national security.''
Authorities released the journalists on March 30 after they reportedly
apologized to the deputy minister of information.
Somaliland police arrested and beat journalists (see also sections
1.b. and 1.e). For example, on September 19, they beat and briefly
detained Mustafe Sheik Omar Ghedi, editor of Saxafi newspaper, for
taking pictures of citizens resisting forceful eviction in the Goljano
neighborhood of Hargeisa. On October 27, according to the National
Union of Somali Journalists, Somaliland police in Hargeisa beat Mohamed
Abdi Kahin ``Boosh,'' who worked for Ramaasnews online news and the
private station Royal TV, for taking pictures of protests.
Puntland continued its harassment of journalists, typically blaming
arrests on the need to protect the region's security interests (see
also section 1.a.). For example, on November 15, Puntland security
forces raided, without warrants, the private residences of Somali
Channel TV cameraman Mahad Abdi Ali in Garowe and reporter Saido-Kin
Ahmad Jama. They took Mahad Abdi Ali to the Garowe central police
station for questioning. Saido-Kin Ahmad Jama, who learned of the raid
beforehand, was in hiding at the time of the raid. The two had
apparently covered a subclan conference in Taleh, Sool Region, after
Puntland authorities banned the station from operating. Authorities
released Mahad Abdi Ali on November 16 on bail paid by the Media
Association of Puntland.
Journalists were also attacked and injured in Puntland. For
example, on August 26, a grenade attack on the privately owned Radio
Daljir injured a security guard and damaged the station. On October 18,
unknown assailants threw a hand grenade at the Radio Galkacyo station.
In November 2010 Puntland's president pardoned Abdifatah Jama Mire,
the director of Horseed Media. Puntland forces arrested him in August
2010 for broadcasting an interview with a Muslim extremist leader.
Al-Shabaab and other extremists continued to harass journalists.
Journalists reported that al-Shabaab threatened to kill them if they
did not report positively on antigovernment attacks.
There were no arrests made in connection with previous killings or
the attempted killing of journalists.
Censorship or Content Restrictions.--Journalists engaged in
rigorous self-censorship to avoid reprisals from governments and al-
Shabaab. Al-Shabaab banned journalists from reporting news that
undermined ``Islamic law'' as it interpreted it and also told persons
in areas it controlled that they were forbidden to listen to
international media such as the BBC and Voice of America.
Libel Laws/National Security.--Both the TFG and Puntland
administration cited national security concerns to justify their
suppression of criticism. For example, during a July 2 press
conference, Puntland's president threatened journalists with arrest if
they broadcast reports the administration considered harmful to
Puntland's security.
Authorities in Somaliland prosecuted journalists for libel. For
example, on January 23, a court in Hargeisa sentenced Waheen editor
Mohamud Abdi Jama to three years of incarceration and a fine for libel
in regards to a story involving a state electricity company manager
hiring persons from his own clan.
Somaliland senior officials and ministers used their positions to
harass journalists who reported on official corruption. For example, in
December 2010, then chief of cabinet Hersi Ali (who was the minster of
the presidency at year's end) accused the Hargeisa Star and its chief
editor Hassan Mohamed Yusuf of publishing false reports of excessive
expenditures regarding a London trip by Somaliland president.
Somaliland authorities summoned and briefly detained Hassan Yusuf;
Hersi Ali later withdrew the charges against the newspaper and its
editor in January.
Nongovernmental Impact.--Al-Shabaab inhibited freedom of
expression, including of the press.
Internet Freedom.--The TFG and Somaliland authorities did not
restrict 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.
There was one case of Puntland security forces arresting an online
journalist. On June 28, Puntland security forces arrested Faysal
Mohamed Hassan ``Boston'' of Hiiraan Online for reporting that two men
found beheaded on the outskirts of Bossaso were Puntland security force
members. A Puntland court sentenced him on July 2 to one year in prison
for ``publishing false information.'' Puntland's president granted him
and 90 other inmates amnesty on July 31 as part of Puntland's 13th-
anniversary celebration.
Academic Freedom and Cultural Events.--Academics practiced self-
censorship. The Puntland administration required that individuals
obtain government permits in order to conduct academic research. During
the year there were no reported direct attacks on schoolchildren,
teachers, or schools.
With the exception of al-Shabaab-controlled areas, there were no
official restrictions on attending cultural events, playing music, or
going to the cinema. The security situation effectively restricted
access to and organization of cultural events in the south and central
regions. One cultural event, organized by the Benadir administration in
Mogadishu, was interrupted when a militia of the former Mogadishu mayor
shot into the crowd, killing and wounding several people (see section
1.a.). In al-Shabaab-controlled areas, activities such as football and
singing were banned.
b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The TFC and the Somaliland constitution provide for freedom
of assembly. The Puntland interim constitution limits the right to
assembly, including by prohibiting that which is considered to be
against Islamic principles, or a risk to the public health, national
security and stability, and moral dignity. General insecurity
effectively limited this right in many areas.
The TFG restricted public gatherings and killed protestors during
the year. On June 10, following the signing of the Kampala Accord, TFG
forces fired to disperse a demonstration against President Sheikh
Sharif and the Speaker of Parliament in Mogadishu, killing three
persons.
On April 14, the Benadir regional administration banned public
meetings and gatherings in Mogadishu that did not have its prior
consent, citing security concerns. At the same time, the TFG reportedly
paid demonstrators to participate in protests against a UN-sponsored
consultative meeting on Somalia that was to be held in Nairobi, Kenya.
On April 15, Benadir regional administration forces forcibly halted
preparations for a rally in support of the Nairobi U.N. consultative
meeting.
Al-Shabaab did not allow gatherings of any kind without prior
consent.
Freedom of Association.--The TFC provides for freedom of
association, and there were no reports that the TFG restricted this
freedom. Persons in the south and central regions outside of al-Shabaab
areas could freely join civil society organizations focusing on a wide
range of issues. Civil society organizations were generally well
respected by Somalis for their ability to deliver social services in
the absence of functional government ministries.
The Somaliland constitution provides for freedom of association,
and this right was generally respected in practice. However, Somaliland
authorities prevented civil society from participating in meetings
related to the TFG or which it perceived as undermining Somaliland's
sovereignty.
The Puntland interim constitution prohibits associations that are
secretly organized on a military model, based on tribal denominations,
or contrary ``to the national interest.'' Some Puntland civil society
members stated that oversight of and interference in their activities
increased during the year. The Puntland administration prohibited civil
society organizations from participating in activities related to the
federal draft constitution process, including consultations with the
drafting body and civic education activities.
c. Freedom of Religion.--See the Department of State's
International Religious Freedom Report at http://state.gov/j/drl/irf/
rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The TFC guarantees the right of
citizens to travel freely within the country. The Puntland interim
constitution allows the law to restrict access to locations. The
Somaliland constitution allows citizens and residents to move to any
place of their choice and to leave and return to the country at will,
subject to the law. In practice freedom of movement was restricted in
some parts of the country.
In-country Movement.--Ad hoc checkpoints operated by armed
militias, clan factions, TFG-allied groups, and al-Shabaab inhibited
movement and exposed citizens to looting, extortion, and harassment.
There were reports of illegal checkpoints in Mogadishu run by warlords
after al-Shabaab's August 6 withdrawal created a temporary power
vacuum.
Foreign Travel.--Few citizens had the means to obtain passports.
Given widespread passport fraud, many foreign governments did not
recognize the Somali passport as a valid travel document.
Internally Displaced Persons (IDPs).--The humanitarian situation
significantly deteriorated from the previous year. The UNHCR estimated
that there were 1.36 million IDPs across the country. Conflict,
drought, and famine during the year resulted in continued displacement
and large-scale new displacements. The U.N. declared famine in six
areas in the south and central regions; three regions were subsequently
downgraded by year's end. By year's end more than 955,000 Somali
refugees had fled to other countries in the region. Many of new IDPs
lived without basic services, settling primarily in the Afgooye
corridor between Mogadishu and Afgooye, Lower Shabelle region. Famine
conditions in the south and central regions led to an increase in IDPs
in Puntland, Galmuduug, and Somaliland regions during the year.
Laws and policies were in place to protect IDPs in accordance with
the U.N. Guiding Principles on Internal Displacement. Authorities in
the TFG, Somaliland, and Puntland provided some protection and
assistance to IDPs, although the response in TFG areas was largely
ineffective as a consequence of limitations on resources and capacity
and poor coordination.
The July 18 report of the U.N. Monitoring Group on Somalia and
Eritrea described the security context and humanitarian operational
environment aid agencies faced in Somalia as ``among the most
prohibitive in the world'' (see section 1.g.). TFG forces and aligned
militia looted and collaborated in the diversion of humanitarian aid
from intended beneficiaries in Mogadishu. Most international aid
organizations evacuated their staff or halted food distribution and
other aid-related activities in al-Shabaab-controlled areas due to
continued killings, extortion, threats, and harassment. In November al-
Shabaab banned 16 aid organizations and agencies. Al-Shabaab restricted
movement, often forcing those trying to flee its territories to enter
al-Shabaab IDP camps. On October 30, a Kenyan military airstrike in the
town of Jilib, Middle Juba, reportedly hit an IDP camp. According to
Doctors Without Borders, its clinic received five dead and 45 wounded,
mostly women and children, from the incident (see section 1.g.).
Gender-based violence, including sexual assault of female IDPs, in
Mogadishu was a problem, often with TFG-allied militias who were
responsible for securing the camps as the alleged perpetrators (see
also sections 1.a., 1.g., and 6, Women). For example, on August 21, TFG
forces reportedly raped a woman in Badbaadho camp. Researchers of an
international human rights organization noted there was significant
evidence that the militia of the district commissioner in charge of
Badbaadho was responsible for sexual violence there. The U.N.
attributed the increase in such violence to the large number of
unregistered, unpaid, and untrained forces charged with protecting the
camps. Local NGOs reported that public washrooms in the IDP camps were
the most common places for sexual assaults. Perpetrators of such acts
were generally not held accountable.
The Benadir administration acknowledged the rise of sexual violence
in Mogadishu's camps and attributed the insecurity to a lack of
perimeter fences around the IDP shelters, the result of a shortage of
funds. On October 25, in response to pressure from the international
community, the TFG prime minister announced that he would form a task
force on gender-based violence in the prime minister's office.
Subsequently he appointed an official to serve as focal point for the
issue, but the new structure had not become functional by year's end.
There were widespread reports that armed bandits robbed and
sexually assaulted women traveling within Somalia in the direction of
refugee camps in Ethiopia and Kenya. Several women reported that al-
Shabaab members had committed the violence as part of its war strategy
to prevent a high influx of women reaching refugee and IDP settlements
and the consequent desertion of al-Shabaab-controlled areas.
Puntland authorities sporadically engaged in forced return of
individuals from the south and central regions, particularly those from
Bay and Bakool. Puntland authorities arrested an estimated 400 young
men from the south and central regions whom it suspected of being al-
Shabaab members or of being economic migrants rather than IDPs fleeing
drought. According to the U.N. Office of the High Commissioner for
Human Rights, more than 1,500 IDPs from the south and central regions
of the country were in detention in Puntland in 2011.
Al-Shabaab intercepted Somalis attempting to reach IDP camps in
TFG-controlled areas in Mogadishu and refugee camps in Ethiopia and
Kenya and forced them into al-Shabaab camps. Al-Shabaab also forced
persons in al-Shabaab-controlled camps to move to the countryside,
reportedly to raise cash crops for al-Shabaab.
Protection of Refugees.--The UNHCR reported that 2,113 refugees and
5,850 registered asylum seekers resided in Somalia. Most of them were
persons from the Oromiya and Ogadeni regions of Ethiopia who arrived in
the country between 1996 and 2000.
Access to Asylum.--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. Somaliland
ended all registration of asylum seekers in 2008. According to the
UNHCR, an unknown number of Ethiopians and others wanted to claim
asylum in Somaliland.
Nonrefoulement.--On September 4, the Somaliland deputy minister of
interior issued an ultimatum demanding that foreigners residing in
Somaliland illegally leave the area within 30 days. The deputy minister
subsequently indicated that the directive would not affect conflict-
displaced people from the south and central regions. The directive was
seen to be aimed at Oromo from Ethiopia. International aid agencies
estimated the number of unregistered Ethiopian immigrants in Somaliland
potentially affected by the expulsion threat to be between 15,000 and
18,000. In anticipation of being forcibly removed, many refugees moved
to border towns in Ethiopia.
On December 28, Somaliland authorities returned 15 registered
refugees and five registered asylum seekers to Ethiopia in what Human
Rights Watch termed a violation of the fundamental international
prohibition against ``refoulement.'' Police arrested the group on
December 22 during a meeting between refugee leaders and Somaliland
officials at the Interior Ministry in Hargeisa. They were discussing
the situation of approximately 1,000 Ethiopians camped on premises
known as the Social Welfare Centre, run by an international NGO for
refugees and migrants in Hargeisa.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The TFIs largely failed to make progress during the year on key
tasks necessary for a transition to a popularly elected federal
government structure. Much of the south and central regions remained
under the control of al-Shabaab. The Somaliland constitution provides
citizens the right to change their government peacefully, and persons
exercised this right in practice. The constitution of Puntland also
provides citizens the right to change their government peacefully;
however, this did not occur in practice as there has not been a direct
election of representatives in Puntland.
Elections and Political Participation.--Recent Elections.--The TFC
originally operated under a five-year mandate scheduled to expire in
2009; however, the TFP, under the Djibouti peace process, extended the
initial mandate by another two years until 2011. Elections for
president and parliamentary speaker, which should have occurred by
August 2011, did not take place. On February 3, the TFP amended several
articles of the TFC and unilaterally extended its mandate by three
years to August 2014, despite calls from civil society and regional/
political entities for parliamentary reform and elections.
On June 9, regional leaders backed the ``Kampala Accord,'' an
agreement between the president and parliamentary speaker that included
postponing elections to August 2012, the appointment of a new prime
minister and cabinet, and holding a consultative meeting on ending the
transition. On June 28, Abdiweli Mohamed Ali replaced Mohamed A.
Mohamed ``Farmajo'' as prime minister, and on July 23, parliament
endorsed a new cabinet. TFI, Puntland, Galmuduug, and ASWJ
representatives gathered in Mogadishu for a ``High-Level Consultative
Meeting'' where they endorsed a Roadmap for Ending the Transition on
September 6. The roadmap contained key transitional tasks to be
completed by August 2012 and an accompanying implementation and
monitoring structure.
On December 13, members of the TFP passed a motion of ``no-
confidence'' against Parliamentary Speaker Sharif Hassan. However, the
TFG, Sharif Hassan, the African Union, and the Intergovernmental
Authority on Development deemed the vote a violation of the Kampala
Accord, which stated that the ``government and parliament will refrain
from threats of impeachment of president, speaker, and deputies, as
well as dismissal of parliament.'' They also questioned whether the
vote was taken in accordance with proper parliamentary procedure. The
parliamentarians argued, however, that the TFC, which the Kampala
Accord enshrines as the preeminent law in Somalia, allowed them to
remove the speaker. Sharif Hassan remained the speaker at year's end.
Al-Shabaab prohibited citizens in areas it controlled from
participating in the federal government structure or changing their al-
Shabaab administrators. Some al-Shabaab administrations, however,
consulted local traditional elders on specific issues and allowed pre-
existing district committees to remain in place.
Somaliland has a bicameral parliament with proportional clan
representation and an elected president and vice president.
Somaliland presidential elections in June 2010 were described by
international and domestic observers as generally free and fair.
Somaliland laws prevented citizens in its region from participating in
the TFIs, the federal draft constitution process, or consultative
meetings on ending the political transition in Somalia. In November
Somaliland's House of Representatives amended the 2001 presidential and
local elections law, changing the minimum age requirement to
participate in local elections from 35 to 25. On December 13,
Somaliland's president signed the amended law.
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. In 2009 the council elected Abdirahman Mohamed Mohamud
``Farole'' as Puntland's president. Parliamentary representatives were
seated by their respective clan elders in the six administrative
regions, and the same 66 representatives announced in 2008 remained in
office at year's end.
Political Parties.--There were no official political parties in the
south and central regions.
In January Somaliland's National Electoral Commission,
representatives from the three registered political parties, civil
society, and prominent individuals began a series of discussions on
whether to open registration of new political parties. On August 20,
the Somaliland president signed the Regulation of Political
Associations and Parties Law. On September 4, he submitted the names of
seven nominees for the Committee for the Registration of Political
Associations and the Approval of National Parties to the House of
Representatives, which approved the nominees. With a five-year mandate,
the committee's tasks include registering new political associations to
take part, along with the existing three parties, in local district
council elections scheduled for April 2012.
Puntland's interim constitution limits the number of political
parties to three and establishes conditions pertaining to their
political programs, finances, and constitution with which they must
comply. On July 12, the Puntland Parliament approved nine appointees to
the Transitional Puntland Electoral Commission. The commission's
mandate includes registering political parties to take part in
preliminary district council elections in 2013.
Participation of Women and Minorities.--The transition roadmap
agreed to on September 6 specifically calls for women's participation
on implementing bodies. The roadmap states that the committee to
support the preparation of a draft constitution, the interim electoral
commission, and the interim anticorruption commission should each have
at least four female participants. The roadmap requires both the
committee to undertake preparations for the adoption of the draft
constitution and the committee charged with preparing recommendations
and modalities for establishing a new federal parliament to have five
female members. At year's end the committee to support the preparation
of a draft constitution had been formed, and female inclusion adhered
to the guidelines. The committee for establishing a new federal
parliament did not adhere to the requirements.
The Djibouti Peace Process mandated that 12 percent of the 550
seats in the TFP be filled by women; however, the number of female
parliamentarians was 37, or 6.7 percent. There were 60 members of
minority ethnic groups in the TFP. There was one woman and one ethnic
minority member in the TFG cabinet under Prime Minister Mohamed and one
woman and two minorities under Prime Minister Abdiweli. Civil society
and minority groups continued to call for the abolition of the ``4.5
system'' under which minority clans were allocated a fixed and low
number of parliamentary seats.
Somaliland had two women in its 82-member House of Representatives
and one woman in the 82-member Guurti (House of Elders). Women were
traditionally locked out of the Guurti (Somaliland's Upper House of
Representatives). Positions left vacant by members of the Guurti,
mostly by death, are filled by next of kin through inheritance. The
cabinet included two women and no minorities. On September 7, the
Somaliland president appointed a nine-person commission made up of
cabinet members and parliamentarians and charged it with recommending
ways to strengthen women and minorities' political participation. The
committee had not released its report by year's end. The Somaliland
Human Rights Commission elected a woman as its chairperson.
In Puntland there have never been any women on the Council of
Elders. Traditional clan elders, who are exclusively male, select
members of parliament leaving little opportunity for women to be
selected. However, two women served in the 66-member parliament during
the year. Each of Puntland's five regions was to nominate one female
parliamentarian, but only two regions complied. The 18-person cabinet
included one woman. It did not include members of minority groups. The
nine-member Puntland Electoral Commission included one woman. The
Puntland president appointed a woman as the Human Rights Defender.
Section 4. Official Corruption and Government Transparency
It was not known if the law provides for criminal penalties for
official corruption. Officials engaged in corrupt practices with
impunity. There was no regulatory or penal framework in any region to
combat or punish official corruption. There existed no financial
disclosure laws or laws providing for public access to government
information.
Corruption was endemic within the TFIs. The July 18 Report of the
U.N. Monitoring Group on Somalia and Eritrea cited corruption in the
TFG to be among the ``principal impediments to security and
stabilization in southern Somalia.'' The International Crisis Group
reported on February 21 a significant increase in the level of
corruption, stating that ``a cabal within the regime presides over a
corruption syndicate that is massive, sophisticated, and extends well
beyond Somalia's borders.''
The TFG established a Public Finance Management Unit in the prime
minister's Office in 2010 and appointed Abdirazak Fartaag as its head.
Its May 2011 report detailed discrepancies between TFG financial
statements in 2009 and 2010 and the actual internal and external
revenue received. The report claimed the TFG had received more than
$75.6 million in revenue, mainly bilateral donations from Arab states
and Sudan, but could account for only $9.4 million. After potential but
unrealized revenue from the ports, Mogadishu airport, khat trade, and
telecommunications sector were included, the TFG was missing
approximately $300 million, according to the report. The TFG called the
report fictitious and in his inaugural speech to the cabinet in July
TFG, President Sheikh Sharif publically challenged those accusing him
of corruption.
In response to the management unit's report more than 120
parliamentarians signed a motion, presented to the deputy speaker on
July 25, calling for the establishment of an ad hoc investigatory
committee to look into the conduct of President Sheikh Sharif, former
prime ministers Mohamed Abdullahi Mohamed Farmajo and Omar Abdirashid
Sharmarke, and former finance ministers Hussein Abdi Halane and Sharif
Hassan (the TFP speaker during the year). According to parliamentary
procedures, the motion received enough votes to be presented to the
wider parliament for debate. At year's end this debate had not occurred
because the speaker blocked parliament from holding official meetings
during the August-December parliamentary session due to concern that
members would want to discuss and possibly make changes to the
transition roadmap to stall progress.
The September 6 transition roadmap also called upon the TFG to
complete tasks to increase transparency and accountability. The TFG was
to: 1) enhance mechanisms for greater coordination and information
sharing between Somali and international development and humanitarian
agencies by September 19; 2) enact legislation and implement measures
to fight corruption and abuse of public offices by October 19; 3)
appoint ``competent members'' of an interim independent anticorruption
commission by November 19; and 4) appoint a ``competent'' task force to
prepare a report of all TFG revenue by December 19. To improve public
finance management, the TFG was to formulate and approve a National
Fiscal Budget for 2011-12 by December 31, review and update a Civil
Service Code by January 2012, and initiate the process to develop a
National Development and Recovery Strategy by February 2012. However,
by year's end the TFG did not take significant action toward completion
of these tasks.
A number of TFG ministers were named in a March 2010 U.N.
monitoring report as engaging in visa-related scams. In response the
TFG pledged to investigate; however, by year's end there was no
indication that this had occurred.
During the year the TFG militia and allied forces continued to
extort money from taxi, bus, and truck drivers, at times resulting in
death.
There were no specific corruption allegations made against the
Somaliland administration.
Al-Shabaab extorted increasingly high and unpredictable zakat and
sadaqa taxes in the regions it controlled. It also diverted and stole
humanitarian food aid.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of local and international human rights groups operated in
areas outside of al-Shabaab-controlled territory, investigating and
publishing their findings on human rights cases. However, security
considerations constrained their ability to operate freely in the south
and central regions. International and local NGOs generally worked
without major restrictions in Puntland and Somaliland.
During the year attacks and incidents of harassment of
humanitarian, religious, civil society, and NGO workers resulted in
deaths. For example, on October 30, unidentified assailants in
Galkacyo, Puntland, killed Abdikadir Yasin Jama, head of Mudug region's
Puntland Development and Research Center. No one was arrested for
Jama's killing by year's end. Abdikadir Yasin was the second center
staff member killed during the year. On April 6, unknown assailants in
Garowe killed the center's finance and administration manager, Mohamed
Yasin Isse ``Ilka'asse.''
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, Coalition of Grassroots Women's Organization (COGWO), and
other local human rights groups were active during the year. 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 continued to advocate for
media freedom throughout the country. The Mogadishu-based Center for
Research and Dialogue, the 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
and central regions.
The TFG was sometimes cooperative and responsive to their views.
The TFG took concrete measures to combat child soldiering after
continuing reports from human rights organizations that child soldiers
were in its forces (see section 1.g.). However, in matters related to
official corruption the TFG frequently dismissed the findings of
international and local NGOs. The TFG, in response to an Amnesty
International report on TFG military courts, defended swift sentencing
without access to legal representation of both security force members
and civilians as necessary in the security environment and needed to
challenge the culture of impunity.
The Puntland administration repeatedly dismissed accusations it did
not respect media freedom. The administration attributed its arrests of
journalists to the journalists being irresponsible in their coverage of
topics that threatened national security.
U.N. and Other International Bodies.--The TFG participated in a
review of its human rights record through the U.N. universal periodic
review process during the year. The TFG fully accepted 151
recommendations from the process and partially accepted the remaining
four.
Government Human Rights Bodies.--To tackle abuses and strengthen
human rights in their regions, both Somaliland and Puntland developed
their independent human rights bodies during the year. Members of the
Somaliland Human Rights Commission's (established by a parliamentary
act in 2009 and signed into law in December 2010) were approved by
parliament in June. Although an interim chairperson was elected in
July, limited resources as well as inexperienced commissioners
prevented the commission from being effective during the year. In June
the Puntland president appointed a woman to be the region's human
rights defender. However, the position had no accompanying legislation,
leaving the appointee's mandate unclear. At year's end the Puntland
parliament had not approved her nomination.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The TFC provides equal protection and benefit in regards to race,
birth, language, religion, sex, or political affiliation but does not
prohibit other forms of discrimination. The Somaliland constitution
provides for equal rights and obligations regardless of color, clan,
birth, language, gender, language, property, status, and opinion and
prohibits discrimination on grounds of ethnicity, clan affiliation,
birth, and residence. The Puntland interim constitution states that all
citizens are equal before the law and prohibits discrimination based on
color, religion, citizenship, origin, financial status, opinion,
political attitude, language, and ethnicity. It calls for women's
independence and socioeconomic and political rights that are not
contrary to sharia. However, antidiscrimination provisions were not
effectively enforced in any of the regions.
Women.--Rape and Domestic Violence.--Laws prohibiting rape exist in
Puntland, Somaliland, and TFG-controlled areas; however, they were
almost never enforced. There are no laws against spousal rape. 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. TFG forces and militia members
engaged in rape (see also sections 1.a., 1.g., and 2.d.). 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. The TFG, Puntland, and Somaliland prosecuted rape cases
during the year. However, for the most part, formal structures were
rarely used to address rape, particularly in TFG-controlled areas of
the south and central regions. Victims suffered from subsequent
discrimination based on the attribution of ``impurity.'' Women and
girls in IDP camps were especially vulnerable to sexual violence. In
Somaliland gang rape continued to be a problem in urban areas,
primarily perpetrated by youth gangs and male students. Many of these
cases occurred in poorer neighborhoods and among immigrants, refugee
returnees, and displaced rural populations living in urban areas. In
December the director of the Sexual Assault Referral Centre reported
that the incidents of rape of women under the age of 20 were on the
increase in Hargeisa. The center, which had its offices inside the
compound of Hargeisa general hospital, reported recording 10 rape cases
on average per month. Many cases were not reported.
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 as a
result of conflict.
In his August 29 report on the situation of human rights in
Somalia, the U.N. independent expert cited increased sexual violence
against women and noted that domestic violence, sexual violence, and
harmful traditional practices such as FGM were common in all regions.
Female Genital Mutilation.--See Section 6, Children.
Sexual Harassment.--There were no laws pertaining to, data on, or
government programs to address sexual harassment in any of the three
regions. However, it was thought to be very widespread in all regions.
Reproductive Rights.--In the country's overwhelmingly patriarchal
culture, decisions regarding reproduction were often determined by a
woman's husband. Women had very limited ability to decide freely and
responsibly the number, spacing, and timing of their children. Women
had very limited information about and little, if any, access to
contraception. With inadequate health care, women rarely had skilled
attendants during childbirth or essential obstetric and postpartum
care. According to UNICEF, maternal mortality was extremely high (1,200
per 100,000 live births) due to complications during labor that often
involved anemia, FGM, and/or a lack of medical care.
Discrimination.--Women did not have the same rights as men and were
systematically subordinated. Polygamy was permitted. By law girls and
women could inherit only half the amount of property to which their
brothers were entitled. Similarly, according to sharia and the local
tradition of blood compensation, anyone found guilty of the death of a
woman paid to the victim's family only half the amount required for a
male.
Women formed a negligible part of those employed in both the formal
public and private sectors because of girls' low education level.
However, women were not discriminated against in owning or managing
businesses, except in al-Shabaab-controlled areas. Al-Shabaab claimed
women's participation in economic activities was anti-Islamic. There
were no government programs in any region to combat economic
discrimination against women.
Children.--Birth Registration.--Under the TFC, citizenship is
derived from birth in Somalia or from one's father or from being in
Somalia at the time of the TFC's signing in 2004. In the absence of a
functioning central authority, births were not registered in Puntland
or in the south and central regions. Under the Somaliland constitution,
citizenship is derived from being a descendant of a person residing in
Somaliland on June 26, 1960 or earlier. Birth registration occurred 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.
Education.--Primary education was not compulsory, free, or
universal. Since the collapse of the state in 1991, education services
have been partially revived in various forms, including a traditional
system of Koranic schools; public primary and secondary school systems
financed by communities, foreign donors, and the administrations in
Somaliland and Puntland; Islamic charity-run schools; and a number of
privately run primary and secondary schools, universities, and
vocational training institutes. In many areas children did not have
access to schools other than madrassas.
In al-Shabaab controlled areas, ``jihad'' was included in the
curriculum of elementary schools. In at least one case al-Shabaab
offered AK-47 rifles as prizes for academic achievement. There was a
continued influx of foreign teachers to teach in private Koranic
schools and madrassas. These schools were inexpensive and provided
basic education; however, there were reports that they required the
veiling of small girls and other conservative Islamic practices.
Child Abuse.--Child abuse and rape of children were serious
problems, although no statistics on its prevalence were available.
There were no known efforts by regional governments to combat this
practice. Children remained among the chief victims of continuing
societal violence.
Harmful Traditional Practices.--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 FGM is illegal, but the law was not enforced.
International and local NGOs ran education awareness programs on the
dangers of FGM, but there were no reliable statistics to measure the
success of these programs. On December 13, Puntland's president signed
a bill into law that outlawed female circumcision with the exception of
``Sunna circumcision,'' which consists of the removal of the prepuce
(retractable fold of skin) and/or the tip of the clitoris.
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.
Child Marriage.--Child marriage was prevalent. The minimum legal
age for marriage was 15. However, in rural areas parents often married
off their daughters as young as 12. In areas under al-Shabaab control,
al-Shabaab arranged marriages between their soldiers and young girls
and used the lure of marriage as a recruitment tool.
Sexual Exploitation of Children.--Child prostitution was illegal in
all regions. 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. Sexual
exploitation of children occurred. For example, girls may have been
subject to forced prostitution in Garowe, and girls were also
reportedly placed in pirates' homes to be exploited in sexual
servitude.
Child Soldiers.--The use of child soldiers was a problem (see
section 1.g.).
Displaced Children.--There was a large population of IDPs and
children who live and work on the street (see section 2.d.).
Child Abductions.--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.--See the Department of State's Trafficking
in Persons Report at http://state.gov/j/tip.
Persons With Disabilities.--Neither the TFC, nor the Somaliland
constitution, nor the Puntland interim constitution specifically
addresses discrimination on the basis of intellectual or physical
disabilities, although they discuss support and/or protection for
persons with disabilities more broadly. Under the TFC the state is
responsible for the welfare of persons with disabilities, along with
orphans, widows, war heroes, and the elderly. According to the
Somaliland constitution, 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 persons with mental disabilities.
The Puntland interim constitution safeguards and advocates for the
rights of orphans, persons with disabilities, and whoever needs the
protection of the law. There are no laws to ensure building access for
disabled persons.
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 and
reported numerous cases of discrimination. 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. 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
Gabooye. Intermarriage between minority groups and mainstream clans was
restricted by custom. Minority groups, often lacking armed militias,
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.--There are no laws
criminalizing homosexual acts. 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 parents also suffered
discrimination, which hindered prevention efforts and access to
services.
Section 7. Worker Rights
a. Freedom of Association and the Right to Collective Bargaining.--
The TFC grants workers the right to form and belong to unions and to
strike. The Puntland interim constitution and the Somaliland
constitution also protect workers' freedom of association, although the
former limits the right to strike and the latter does not specifically
mention the right to strike. The Somaliland constitution permits
collective bargaining; collective bargaining is not addressed in the
TFC or Puntland interim constitution. The TFC, Puntland interim
constitution, and Somaliland constitution do not address antiunion
discrimination or the reinstatement of workers fired for union
activity, although the TFC states that ``no worker shall be
discriminated.''
The TFG, Somaliland, and Puntland authorities generally respected
the right to belong to unions, although one instance was reported in
which Somaliland police arrested a union leader. There were no reported
strikes during the year. Collective bargaining was not usually
employed. Worker organizations were independent of government and
political parties.
On December 7, Somaliland forces arrested and briefly detained
Hassan Mohamed Yusuf, chairman of the Somaliland Journalist
Association. Members of the Association linked Yusuf's arrest and the
defamation charges subsequently filed to the organization's
condemnation of the Somaliland attorney general's decision to suspend
temporarily the registration of new private media houses.
There were no reports of antiunion discrimination by employers in
practice. However, union members were targets of violence, threats, and
arbitrary arrest and detention by authorities and al-Shabaab in all
regions of Somalia.
b. Prohibition of Forced or Compulsory Labor.--The pre-1991 penal
code and the TFC prohibit all forms of forced and compulsory labor.
However, TFG authorities lacked the capacity to enforce these laws, and
forced labor occurred. Children and individuals from minority clans
were reportedly used as porters in the khat trade as well as in farming
and animal herding. The use of child soldiers was a problem (see
section 1.g.). Al-Shabaab also forced persons in al-Shabaab-controlled
camps to move to the countryside, reportedly to raise cash crops for
al-Shabaab.
Also see the Department of State's Trafficking in Persons Report at
http://state.gov/j/tip.
c. Prohibition of Child Labor and Minimum Age for Employment.--It
was unclear whether there was a minimum age for employment. The pre-
1991 labor code prohibits child labor, provides a legal minimum age of
15 for most employment, prescribes different minimum ages for certain
hazardous activities, and prohibits those under 18 from night work in
the industrial, commercial, and agricultural sectors apart from that
which engages family members only. However, the 2004 TFC states that
the government shall establish by law the minimum age. The Somaliland
Private Sector Act states that children younger than 18, if employed,
must be given easy tasks which are not damaging to their health or
mind.
Child labor was widespread. Recruitment and use of child soldiers
was a problem (see section 1.g.). Young persons were commonly 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 14were in the
workforce--31percent of males and 41 percent of females. The actual
percentage of working children was believed to be even higher.
The TFG Ministries of Labor, and Social Affairs, Gender and Family
Affairs are responsible for enforcing child labor laws. In Somaliland
and Puntland, respectively, the Ministry of Family and Social
Development and the Ministry of Labor, Youth, and Sports are
responsible for such enforcement. In practice, however, none of these
ministries enforced child labor laws.
Also see the Department of Labor's Findings on the Worst Forms of
Child Labor at http://dol.gov/ilab/programs/ocft/tda.htm.
d. Acceptable Conditions of Work.--There was no national minimum
wage. During the year high inflation, continued insecurity, and other
factors significantly decreased the standard of living in all areas of
the country.
Although the TFC and the Somaliland constitution both include
provisions for acceptable working conditions, there was no organized
effort to monitor working conditions.
In Somaliland a standard workweek is 48 hours over five or six
days. For intermittent work, the maximum amount an employee can work is
10 hours a day for six days a week. Employees are entitled to one day
of rest a week (usually Friday) and one month of paid annual leave in
addition to 12 public holidays. Employees are entitled to 25 percent of
their remuneration when they work two overtime hours per day, which
cannot exceed 48 hours of overtime per month. There was no information
on the existence or status of foreign or migrant workers in the
country.
In practice wages and working conditions were established largely
on the basis of ad hoc arrangements based on supply, demand, and the
influence of a worker's clan.
__________
SOUTH AFRICA
executive summary
South Africa is a multiparty parliamentary democracy in which
constitutional power is shared between the president and the
parliament. In 2009 the country held a largely free and fair 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; and
prison overcrowding and abuse of prisoners, including beatings and rape
by prison guards.
Other human rights problems included 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.
The government investigated and prosecuted officials who committed
abuses, but there were numerous reports of impunity.
Section 1. Respect for the Integrity of the Person, Including Freedom
from:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports of politically motivated killings by the government or its
agents; however, police use of lethal and excessive force, including
torture, toward 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 often were better
armed than police. In 2009 then deputy police minister Fikile Mbalula
called for changes to the Criminal Procedures Code to clarify and
extend rules governing police use of deadly force in pursuing suspects.
Media and civil society groups criticized the change 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 July 11, ANC eThekwini regional leader Sbu Sibiya was shot dead
outside his home after returning from work. The South African Police
Service (SAPS) was not able to determine a clear motive and did not
rule out a political motivation. On September 9, police arrested Xolani
Zulu in connection with the murder of Sibiya. SAPS officers killed
another suspect, Zamani Sikhhane, while they attempted to apprehend
him. On December 13, Zulu was released on bail. The trial was ongoing
at year's end.
According to the governmental Independent Complaints Directorate
(ICD), a constitutionally mandated body significantly strengthened
since 2010 through increased budget and staff, there were 257 deaths in
police custody (not including prisons) and 540 deaths as a result of
other police action from April 2010 through March 2011. The total of
797 reported deaths was a 7 percent decrease from the 860 reported
deaths for the same period in 2010. According to the ICD, of the 257
deaths in police custody, 48 were considered deaths from unnatural
causes, and police officials were implicated in eight of those cases.
In November 2010 Riaan Velloen died while in detention at Florida
police station in Johannesburg after being arrested for driving while
intoxicated. Friends and family accused the police of beating him to
death. According to a May news report by ICD investigators, the SAPS
members allegedly responsible for the murder were sent for corrective
counseling after being found guilty in a departmental hearing.
According to the ICD, the case was later closed.
In July 2010 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, and after agreeing
to relinquish their passports, the four were each granted bail of 3,000
rand ($371). The trial was ongoing.
On February 22, the ICD, exercising its police oversight authority,
arrested warrant officer Abel Baloyi of SAPS Mokopane on charges of
assault with intent to cause grievous bodily harm, common assault, and
corruption. In October 2010 Baloyi allegedly assaulted a foreign
national working at a small store after taking merchandise without
paying. The victim was then arrested on false charges. When the victim
filed a complaint, Baloyi and a colleague allegedly coerced him into
withdrawing the charges. The ICD took over the investigation, and as a
result Baloyi was charged. After his arrest, Baloyi allegedly
threatened key witnesses with violence and deportation. On March 28,
Baloyi appeared before Mokopane Magistrates' Court for a bail
application. The trial was ongoing at year's end.
The trial of police officer Shadrack Malaka, who was charged with
killing a three-year-old child in 2009, was postponed to April 2011;
Malaka was released on bail of 1,000 rand ($124). The trial was ongoing
at the end of the year.
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 2009, were neither suspended
nor arrested during the year. Although the ICD passed a recommendation
to the director of public prosecutions (DPP) in 2009 stating its
investigation produced enough evidence to establish a murder case
against the officers, the case was still under consideration by the
DPP.
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 tortured, beat, raped, and otherwise abused suspects.
According to the 2011 Amnesty International report, corroborated cases
of torture included the use of electric shock and suffocation. Police
also assaulted detainees with batons, fists, and boot-clad feet. Police
torture and physical abuse allegedly occurred during house searches,
arrest, interrogation, and detention, and sometimes resulted in death.
During the year the ICD reported a 5 percent increase in the number
of reported assaults with the intent to cause grievous bodily harm
committed by police; there were 966 cases compared to 920 reported in
2010. The report noted an increase in the number of allegations of
torture cases from five to 41. Suspects in several cases were
interrogated and assaulted while held, without any record being made 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 stipulated that 501 recommendations for prosecution
were made to the DPP and that 59 SAPS members received convictions for
a range of crimes.
The ICD also reported 46 complaints of rape committed by police
compared with 24 complaints in 2010.
On January 25, SAPS and Metro Police members arrested Nigerian-born
Chinenye Jehu Onuegbu at his home. Onuegbu was not immediately charged
and was transported to the Midrand police station. Onuegbu claims that
during his two-day incarceration there, he was subjected to torture by
five SAPS officers dressed in plain clothes; electrodes were attached
to his ears and he received electric shocks several times. On January
27, Onuegbu was charged with theft but was able to obtain bail. Onuegbu
sued Minister of Police Nathi Mthethwa; his lawsuit was ongoing.
In May 2010 Zipho Richard Ndlovu claimed he was detained by two
police officers at his workplace and taken to the Midrand 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 bag over his head, and attached electrodes to his
earlobes. Ndlovu sued the police for torture. His case was reported to
the ICD and was ongoing.
Incidents of police harassment of foreigners continued,
particularly during coordinated police raids in areas where foreign
nationals resided. In a 2010 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 routinely refused emergency treatment to
indigent foreigners, despite regulations requiring that hospitals
provide such treatment. On August 4, a judge in the North Gauteng High
Court ordered the Steve Biko Hospital, located in the capital city of
Pretoria, to renew treatment for an undocumented four-year-old
Zimbabwean girl with brain cancer. The hospital had ceased to treat the
girl, and representatives told her father that they would not begin
again unless he presented legal immigration papers or paid a 30,000
rand ($3,713) fee.
Prison and Detention Center Conditions.--The majority of the 249
operational prisons did not meet international standards and did not
always meet the country's minimum legal requirements. The Judicial
Inspectorate of Correctional Services (JICS) received 2,276 complaints
of assaults on prisoners by correctional officers for April 2010
through March 2011, including 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 879 prison deaths during the reporting period. Of these, 831 were
from natural causes, including HIV/AIDS; the remaining deaths were the
result of suicides, assaults, or accidents.
For example, on August 27, Christopher Lockyer was arrested by SAPS
officers of the Douglasdale Police Station for allegedly being drunk in
public. An hour after his arrest, Lockyer was found hanging in a
holding cell at the police station. Closed circuit television footage
showed that Lockyer had hung himself. SAPS members attempted to
resuscitate Lockyer without success. This was the second suicide
reported in the Douglasdale Police Station within two months. The ICD
opened an investigation into the matter. There were no further
developments at year's end.
On July 12, six prison officials using an electrified riot
allegedly tortured Jonas Makhufola. The incident came to light after an
audio recording was released to the media. There were reports the
incident is not isolated but that ``the practice had been going on for
some time.''
The JICS reported there were 160,545 prisoners in facilities
designed to hold 118,154. In a report to the parliament in October
2010, inspecting judge Deon van Zyl reported that 18 prisons were
critically overcrowded, some by as much as 254 percent, such as King
William's Town Prison, while others held less than their capacity, such
as Barkley West, which was at 22 percent of capacity. Of the 160,545
prisoners, 3,750 were female and 1 percent were below the age of 18.
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.
Prisoners were provided with potable water; however, the JICS
reported occasional fresh water shortages in the Thohoyandou, Kutama
Sinthumule, and Makhado facilities. The JICS reported that all water
shortage problems had been addressed and corrected by April.
The government took measures to reduce overcrowding by transferring
prisoners to facilities that were not at capacity. The JICS reported
the prisoner transfer program resulted in a reduction in the total
number of prisons rated as ``critically overcrowded'' (occupied at more
than 200 percent capacity). During the year there were 18 critically
overcrowded prisons, down from 45 in 2005.
The JICS reported that the Department of Correctional Services
(DCS) improved the quality of its investigations and reporting on the
circumstances surrounding the deaths of inmates. The department now
requires that reporting forms be fully and properly filled out by
medical officers. The JICS stated that these requirements raise the
quality of initial reporting done by prison wardens, and lessen the
likelihood that a death caused by neglect will be reported as
``natural.''
Conditions for female prisoners were not reported to be worse than
those for male prisoners.
The 2010-11 DCS annual report indicated 19.1 percent of sentenced
prisoners who were tested were HIV-positive. There were 21 health
centers within prisons dispensing antiretroviral (ARV) therapy to 9
percent of correctional facilities during the year. Correctional
facilities without such centers were supposed to utilize public clinics
for ARV therapy; however, this seldom occurred. There were no HIV
screening programs on intake or discharge of prisoners, but the DCS
conducted HIV prevention programs in prisons, including a condom
distribution program and awareness sessions. During the year
nongovernmental organizations (NGOs) such as The Aurum Institute and
New Start supported correctional centers with HIV treatment and
prevention services such as HIV testing and ARV therapy. The DCS annual
report noted that 6,422 HIV awareness sessions were held in prisons
throughout the country during the year. The JICS reported that the
number of complaints filed by inmates regarding health care has gone up
255 percent in recent years. In 2007 there were 11,227 complaints, and
in 2010 there were 39,868.
All detainees in police cells were provided with felt mattresses
and blankets, and most cells had toilets and basins, but there were
seldom chairs, and cells often had inadequate light and ventilation.
In its 2010 report Monitoring Immigration Detention in South
Africa, the local NGO Lawyers for Human Rights (LHR) indicated the main
abuses perpetrated in the Lindela Repatriation Centre, the 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 poor quality of medical
care, indefinite detention without judicial review, and detention of
asylum seekers.
Juvenile detainees were held in separate detention facilities;
however, children up to three years old were sometimes held with their
mothers. In 2010 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 facilities with sustainable family
structures. Pretrial detainees generally were held with convicted
prisoners. In 2010 the government took measures mandated in the Child
Justice Act of 2008 to lower the number of children held in detention.
These measures included diverting incarcerated children to secure care
facilities, and increasing access to adequate legal representation.
Between May and October 2010, the government reduced the number of
children being held in detention from 1,155 to 922. Civil society
organizations asserted the government needed to better capture accurate
statistics on child rights issues so they could be properly addressed.
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 2010 the independent visitors collectively
recorded 8,346 visits to the 249 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
International Committee of the Red Cross 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 and Somali migrants and trafficking
victims during the year.
On November 16, SAPS police officers arrested three Somali
shopkeepers in Ivory Park, Gauteng. The shopkeepers reported that they
presented their residency permits, but police refused to acknowledge
them and told them they were charged with not possessing proper
documentation. The shopkeepers claimed they were beaten while in
custody and were forced to sign a declaration that they were selling
fraudulent merchandise. The merchandise in their shop was then seized,
and reportedly included more than 200,000 rand ($24,752) of mobile
phone airtime credits. The shopkeepers were later released without
being formally charged, and most of their merchandise was returned.
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 Directorate for Priority Crime
Investigation, 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.
From September 2010 through August 2011, the ICD received 5,869
complaints against the police, including allegations of killings,
assaults, and other misconduct, compared with 6,377 complaints in the
previous reporting period. The ICD noted 59 convictions of police
officers for criminal conduct in the latest reporting period. The ICD
made 501 recommendations to the DPP on criminal matters and 2,261
recommendations to SAPS management with regard to misconduct offenses,
such as unauthorized use 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 based on sufficient evidence and issued by a
magistrate or judge and requires that all detainees be informed
promptly of the reasons for their detention, 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.
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.
Arbitrary Arrest.--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 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 composed of
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. None
of the 40 tavern owners who demolished the AbM offices and homes were
arrested. Critics charged that the government arrested the AbM members
to prevent them from returning to the Kennedy Road settlement. The
``Kennedy 12'' were all acquitted of all charges on July 18 in the
Durban Regional Court.
Pretrial Detention.--Lengthy pretrial detention was a problem, and
pretrial detainees constituted approximately 30 percent of the total
prison population, or 47,880 inmates. The JICS report indicated that
approximately 48 percent (23,032) of all remand detainees were held for
a period exceeding three months. In 2010 the DCS signed a bail protocol
with the ministers of police and justice to allow inmates who committed
petty crimes and could not afford bail to be diverted through
alternative programs.
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 one million of the estimated two
million criminal cases reported annually were never resolved. According
to the group, a number of problems contributed to the 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. The government operated 63
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 limited 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 Inkatha Freedom Party (IFP)
claimed 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 2010 President
Zuma announced he had considered and rejected 230 of the 384 IFP
applications for pardon. The presidency was considering the remaining
pardon requests on a case-by-case basis.
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. The African Court on Human and Peoples' Rights, in
partnership with the government, conducted a sensitization visit on
October 25 to raise public awareness and encourage appeals to or other
contact with the court.
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 cell phones, the Internet, and e mail, for criminal
investigations. However, opposition parties and many civil society
groups opposed such laws. In 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 also can 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.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--Status of Freedom of Speech and
Press.--The constitution and law provide for freedom of speech and of
the press, and the government generally respected these rights.
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.
Freedom of Speech.--Individuals, organizations, and sectors of
civil society were generally able to criticize the government openly
without fear of reprisal.
Freedom of Press.--The independent media were active and expressed
a wide variety of views without restriction.
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 government efforts to extend the board's authority to
newspapers and broadcast media.
Although journalists were generally able to criticize the
government openly without fear of reprisal, many journalists expressed
concern in reports, columns, editorials, and public forums that the
government increased its efforts during the year to control the media.
The South African Broadcasting Corporation (SABC), a government-
funded television and radio network, appointed individuals to key
positions as a reward for their political allegiance.
According to the South African Advertising Research Foundation,
print media reached 48 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 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.
Violence and Harassment.--Mzilikazi Wa-Afrika, a prominent
investigative reporter, claimed that police harassed him on multiple
occasions starting in August 2010 when he was arrested and charged with
fraud and defeating the ends of justice for possessing an allegedly
fraudulent resignation letter from the Mpumalanga Province premier. The
charges were dismissed after two days for lack of evidence and he was
released. Journalists and civil society organizations alleged the
arrest was designed by SAPS to intimidate, since the arrest occurred
shortly after Wa-Afrika published details of irregularities in the
signing of a lease for a new, 500 million rand ($61.9 million) police
headquarters. In July he submitted a sworn statement that in December
2010 he had been pulled out of his car by two men wearing police
uniforms, who then pointed a gun at his head before pushing him to the
ground and driving away. In October Faith Radebe, the inspector general
of intelligence, confirmed that the government was intercepting Wa-
Afrika's telephone calls, as well as those of journalist Stephen
Hofstatter, for reasons ``pertaining to the allegations of crime, and
not for the reason that he is a journalist.''
Censorship or Content Restrictions.--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
the government's sensitivity to criticism resulted in media self-
censorship.
Libel Laws/National Security.--Journalists and civil society
organizations expressed great concern that proposed legislation could
greatly restrict freedom of the press through the use of national
security laws targeting access to and possession of information.
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 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.
Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.
b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The constitution and law provide for freedom of assembly;
however, police forcibly dispersed several demonstrations during the
year, which resulted in injuries.
Several protests over poor delivery of basic services took place
across the country, including 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 April 13, residents of Meqheleng Township near
Ficksburg in the Free State demonstrated to protest poor service
delivery. Police used rubber bullets and a water cannon to disperse the
protesters. During the protest, SAPS officers shot Congress of the
People member Andries Tatane at close range with a rubber bullet when
Tatane scuffled with them during the protest. He died minutes later. On
April 17, six members of SAPS were arrested; two were charged with
murder and four with assault. Two other SAPS members were later
charged. The ICD conducted an investigation and recommended the case to
the DPP. The trial was postponed twice and at year's end was scheduled
for April 2012 in the Ficksburg Regional Court.
Freedom of Association.--The law provides for freedom of
association, and the government generally respected this right.
c. Freedom of Religion.--See the Department of State's
International Religious Freedom Report at http://state.gov/j/drl/irf/
rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution and law provide for
freedom of movement within the country, foreign travel, emigration, and
repatriation, and the government generally respected these rights in
practice. The government cooperated with the Office of the U.N. High
Commissioner for Refugees (UNHCR) and other humanitarian organizations
in providing protection and assistance to refugees, returning refugees,
asylum seekers, stateless persons, and other persons of concern.
However, refugee advocacy groups criticized the government's processes
for asylum and refugee status determination, citing large backlogs of
cases along with its susceptibility to corruption and abuse.
Protection of Refugees.--Access to Asylum.--The law provides 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. Government policy allows for freedom of movement of refugees
and asylum seekers with guarantees for the right to work, study, and
access social services. Many NGOs criticized the government's
commitment to these rights and actual implementation as inadequate.
Nonrefoulement.--Observers reported there was a large increase in
the number of asylum seekers who were refused access to South African
territory during the reporting period. They reported that the
government was now refusing asylum seekers who could not show positive
identification and may also be denying asylum seekers who passed
through a ``safe third country.'' Advocates worried these practices
could result in refoulement if they were not coordinated with other
countries, or may lead to an increase in illegal border crossings.
In October the Department of Home Affairs ended a moratorium on
deportations of undocumented Zimbabwean nationals, which began in 2009.
The International Organization for Migration (IOM) reported that during
October and November the South African government deported
approximately 5,000 of the estimated one to three million Zimbabweans
living in South Africa. Press reports alleged that Zimbabweans with
legal residency status had been arrested and deported along with
undocumented migrants. Refugee and migrant advocacy groups criticized
the government for beginning the deportations before it had finished
issuing residency permits to Zimbabweans who had complied with a
government program to register previously undocumented migrants, and
stated that this increased the risk of legal residents being deported.
Refugee Abuse.--Refugee advocacy organizations charged that police
and immigration officials abused refugees and asylum seekers and
forcefully repatriated some asylum seekers, particularly Zimbabweans.
In October the government resumed deportations of Zimbabweans found
to be in the country without legal documentation, with at least 5,000
returned by year's end. Some Zimbabweans possessing legal documentation
were reportedly included with those returned.
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 adopted
anticorruption programs and punished officials or contracted security
officers found to be accepting bribes.
Societal attacks on refugees and migrants occurred during the year.
On October 13, a group of rioters in Atteridgeville, North West
Province, gathered near a Somali shop with its owner inside and began
to throw rocks at it. In response, the shop owner fired a gun and
killed a bystander. Following the shooting, a larger riot formed and
looted nine other Somali-owned shops in the area. The police arrested
two of the rioters for theft and charged the shop owner with murder.
The cases were ongoing at year's end.
Access to Basic Services.--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 (HRW) found that asylum
seekers, migrants, and refugees faced discrimination at health-care
facilities and by law enforcement representatives.
The government cooperated with the UNHCR and IOM to address issues
relating to the discrimination and exclusion of migrants and refugees
from the health-care system. The issue was most acute at health-care
facilities with scarce financial and human resources.
The South African National AIDS Council (SANAC) is working to
include refugee and migrant health issues into the National Strategic
Plan for HIV and AIDS. For example, the Musina Municipality in Limpopo
Province is working with the IOM to respond to emerging health
challenges faced by Zimbabwean migrants.
Temporary Protection.--The government also offered temporary
protection to some individuals who may not have qualified 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, and citizens exercised this right through
periodic, free, and fair elections based on universal suffrage.
Elections and Political Participation.--Recent Elections.--In 2009
the country held 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. The
parliament then elected ANC President Jacob Zuma as the country's next
president. The leading opposition party, the Democratic Alliance (DA),
won 67 parliamentary seats, the Congress of the People (COPE) won 30,
and the IFP won 18. The remaining 39 seats in the 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.
Participation of Women and Minorities.--Women held 14 of 34
ministerial positions, including the ministerial portfolios of foreign
affairs and defense, and 14 of 28 deputy ministerial positions. There
were 184 women in the National Assembly and 15 women among the 54
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 126 members of minorities (non-African
citizens) in the National Assembly. There were 17 minority members
among the 54 permanent members of the NCOP. The cabinet included 17
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 most recent Worldwide Governance Indicators reflected that
corruption remained a problem. In August 2010 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.
In 2010 the Department of Public Works signed a controversial 500
million rand ($61.9 million) lease agreement to house the new South
African Police Services Headquarters. Allegations of improper
procurement procedure involving police commissioner Bheki Cele and
Minister of Public Works Gwen Mahlangu-Nkabinde arose and prompted the
public protector to report the incident. The initial report of the
probe indicated that both Cele and Mahlangu-Nkabinde were responsible
for irregularities with the lease agreement. On March 3, SAPS members
allegedly looking for evidence related to the controversial lease
agreement raided the Cape Town offices of the public protector. Senior
SAPS officials condemned the raid and claimed that they did not
sanction it. On October 24, President Jacob Zuma replaced Mahlangu-
Nkabinde. The public protector accused her of wrongdoing for her role
in a lease deal. President Zuma also announced the creation of a board
of inquiry to investigate the allegations and suspended Commissioner
Cele pending the outcome of the inquiry.
On October 24, the president replaced Minister of Cooperative
Governance Sicelo Shiceka. The Office of the Public Protector accused
Shiceka of spending more than 500,000 rand ($61,880) on unsanctioned
luxury travel, including visits to a girlfriend imprisoned in
Switzerland for drug smuggling.
In August 2010 Minister of Human Settlements Tokyo Sexwale
announced his department had recovered 44 million rand ($5.4 million)
and arrested 1,910 government officials who were illegally benefitting
from housing subsidies. In November 2010 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 2010-11 DCS annual report, the
department conducted 4,074 disciplinary hearings for various offences
and dismissed 88 staff members. According to the 2010-11 JICS report,
there were 2,646 complaints of corruption during its annual reporting
period. 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 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.
SIU investigations into the Department of Public Works were
ongoing. The SIU was investigating 41 tenders with a total value of
three billion rand ($371 million).
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, 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 a
formal 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
were answered outside the period provided for in the legislation or
went unanswered.
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 Rights 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. The SAHRC enjoyed support from the government
without interference, and the government reacted positively to SAHRC
reports. During the year the SAHRC issued reports on child rights and
the effects of mining on surrounding communities, as well as a public
guide on using the Access to Information Bill.
U.N. and Other International Bodies.--The government cooperated
with international governmental organizations and permitted visits by
U.N. representatives and other organizations.
Government Human Rights Bodies.--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 exemplified in gender-based
violence and employment inequities often resulted in the denial of
these rights in practice.
Women.--Rape and Domestic Violence.--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 2010 11 SAPS
annual report, there were 56,272 reported cases of rape and indecent
assault during the year and a total of 66,196 reported sexual offense
cases; many of the victims were elderly women. The true incidence of
rape was thought to be much higher. 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. Studies by the Medical
Research Council (MRC) estimated that only 4 to 11 percent of rape
victims reported the crime to SAPS. A 2009 Medical Research Council
(MRC) report 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. In a 2011 study conducted in Gauteng province by
the MRC and Gender Links, 37.4 percent of men admitted to having
committed one or more rapes.
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.
The government operated six dedicated 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. However, the National Prosecuting Authority's
Sexual Offenses and Community Affairs Unit (SOCA) reported that the
dedicated sexual offenses courts functioned at a 38 percent higher
conviction rate in comparison to nonspecialized courts during the year.
SOCA operated 45 Thuthuzela Care Centers (TCC) that specialized in
rape care 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, an estimated one in four women was in an abusive
relationship, but few reported it. A 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. In a 2011 report
conducted by the MRC in Gauteng Province, more than 50.5 percent of men
admitted to being physically violent towards women during their
lifetime. TCC counselors also alleged that doctors, police officers,
and judges often treated abused women poorly.
The government financed 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.
Sexual Harassment.--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 complainant presses charges.
Reproductive Rights.--Couples and individuals have the right, and
were able in practice, to decide freely the number, spacing, and timing
of their children, and to have the information and means to do so free
from discrimination, coercion, and violence. Contraception was widely
available, and women could access it for free at government clinics.
According to the Department of Health (DOH), 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 U.N. Development Program, the maternal
mortality ratio was 625 per 100,000 live births. To improve postnatal
care, the DOH 2010-11 Annual Report indicated 72 percent of identified
maternity facilities implemented the Basic Antenatal Care Program, up
from 30 percent during the previous year. During the year 27 percent of
women were reviewed within six postpartum days after being discharged
from a health facility. Like men, women were diagnosed and treated for
sexually transmitted infections, including HIV.
HRW released a report called ``Stop Making Excuses'' on August 8
that diagnosed shortfalls in maternity care in the country and
especially in the Eastern Cape Province. Its research suggested that
the country's high maternal mortality rate was due to HIV/AIDS, poor
administrative and financial management, poor quality of care, and lack
of accountability in the health care system. The report documented
alleged cases of neglectful and abusive behavior towards maternity
patients by health-care workers, including cases where neglect caused
the death of a patient.
HIV/AIDS accounted for 43.7 percent of maternal mortality and 35
percent of deaths of children under age five. During the year the
government extended eligibility for antiretroviral (ARV) treatment to
all infants less than 12 months old, pregnant women, and persons
coinfected with TB, not previously covered, at all government clinics
and hospitals. To reduce maternal and infant mortality rates and HIV
transmission from mother to newborn to less than 5 percent, the
government provided enhanced ARV regimens and postnatal prophylaxis to
pregnant women and early treatment for at-risk or HIV-infected infants.
During the reporting period, transmission rates fell from 8.5 percent
to 3 percent.
Discrimination.--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 operated the Isivande Women's Fund to
improve women's access to formal finance in the absence of personal
savings and in the face of gender-biased institutions.
According to the annual census covering 2010 conducted by the
Businesswomen's Association, the number of women in top leadership
positions remained essentially constant. Women held only 21.6 percent
of executive-level and 15.8 percent of director-level positions. The
Commission for Employment Equity released statistics showing that 63
percent of top managers in private companies were white men, while
black women comprised only 3 percent, and Coloured (a heterogeneous,
mixed race ethnicity recognized by the government) 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 Commission for
Gender Equality and the Ministry for Women, Children and Persons with
Disabilities, and numerous NGOs monitored and promoted women's rights.
Children.--Birth Registration.--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 unregistered foreign nationals. This resulted in lack of access
for children to public services such as education, health care, and
financial grants.
Education.--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. Those not enrolled tended to be
children with special needs.
Child Abuse.--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.
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 2010-11 SAPS report, 54,225 children
were victims of social contact crimes (where the perpetrator and victim
were known to each other) or violent crimes between April 2010 and
March 2011. Of that total, 906 were killed, 28,128 were sexually
assaulted, and 11,018 were assaulted with intention to do grievous
bodily harm. Observers believed 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 2009 report released by
Solidarity, the 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.
Child Marriage.--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.
Harmful Traditional Practices.--Ritual circumcision of males,
including children, often 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 numerous deaths resulting from the practice.
The government conducted a countrywide voluntary medical
circumcision campaign, offering free circumcision by qualified medical
personnel as an alternative to circumcision by unqualified
practitioners. Nevertheless, hospitalizations and penis amputations at
the hands of unmonitored practitioners were reported in Eastern Cape
Province during the June initiation period, according to press reports.
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. In June 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
offense. Neither this case, nor a pending case of operating an illegal
initiation school, had been concluded by year's end.
Sexual Exploitation of Children.--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 law criminalizes all consensual sexual activities between
minors under the age of 16, and defines sexual activities to include
kissing and ``petting.'' Child rights advocacy groups complained that
this effectively contradicted previous legislation that required the
government to provide free contraceptives to minors and could prevent
pregnant teens from seeking appropriate medical attention for fear of
being criminally charged. They also asserted the law could deter child
victims of sexual assault from reporting attacks perpetrated by other
minors because, in the event of an acquittal, the victim would
technically be considered a criminal for having sex underage.
On August 12, Director of Public Prosecutions Menzi Simelane
authorized the prosecution of six students from the Mavalani High
School in Limpopo Province on charges of consensual sexual penetration
while under the age of 16 years. The students were charged in court but
were diverted to social programs in place of a full trial. Five of the
accused were boys and one was a pregnant girl.
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. The South African Department of
Tourism, Department of Social Development, and Department of Trade and
Industry, as well as 50 other tourism industry organizations were
signatories to the Tourism Child Protection Code of Conduct, an
international agreement endorsed by the U.N. World Tourism Organization
designed to provide ``increased protection to children from sexual
exploitation in travel and tourism.'' The law prohibits child
pornography and provides for penalties including fines and imprisonment
of up to 10 years. The Film and Publication Board maintained a Web site
and a toll-free hotline during the year to enable the public to report
incidents of child pornography.
The high incidence of HIV/AIDS resulted in a large number of child-
headed households. A 2009 survey by the Children's Institute at the
University of Cape Town estimated that there were 122,000 children
living in 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,
medical, and legal assistance for children in prostitution and a
hotline for victims of child abuse.
AIDS activists alleged that children 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 perpetrators
under questioning usually admitted they knew this claim was false.
International Child Abductions.--The country is a party to the 1980
Hague Convention on Civil Aspects of International Child Abduction.
Anti-Semitism.--The Jewish community was estimated to number 75,000
to 80,000 people. There were no reports of serious attacks on Jewish
persons or property, and the Jewish Council of Deputies NGO reported a
40 percent drop in the number of anti-Semitic attacks compared to the
previous year. There were, however, reports of verbal abuse, hate mail,
and distribution of anti-Semitic literature.
Trafficking in Persons.--See the Department of State's Trafficking
in Persons Report at http://state.gov/j/tip.
Persons With Disabilities.--The law prohibits discrimination on the
basis of physical, sensory, intellectual, and mental disability;
however, government and private sector discrimination 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. In a 2010 speech, Minister of Basic Education
Angie Motshekga stated eight schools had been converted to full-
service, inclusive schools, and 20 more identified for future
conversion. The U.N. Educational, Scientific and Cultural Organization
reported during the year that children with disabilities between the
ages of seven and 15 were 20 percent less likely to attend school than
children without disabilities.
The law prohibits harassment of persons with disabilities and, in
conjunction with the Employment Equity Act, 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 only an estimated 0.8 percent of the
workforce. The Ministry for Women, Children, and Persons with
Disabilities launched a Web site linking persons with disabilities with
civil service job information, but the government did not meet its
target of 2 percent of government positions occupied by persons with
disabilities.
The law does not allow persons identified by the courts as mentally
disabled to vote. The Mental Health Information Center of South Africa
noted that 20 percent of the population suffered from a mental illness
that significantly impairs living.
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. All provincial and
local governments also have offices charged with protecting the rights
of persons with disabilities, and there are representatives advocating
for persons with disabilities at the Commission for Gender Equality and
the SAHRC. NGOs also advocated for the rights of persons with specific
disabilities such as blindness.
At year's end there were 16 persons with disabilities with seats in
the upper and lower houses of parliament.
National/Racial/Ethnic Minorities.--Random xenophobic attacks on
foreign African migrants and ethnic minorities occurred and sometimes
resulted in death, injury, and displacement. Citizens who blamed
immigrants for job and housing losses and increasing levels of crime
generally perpetrated such attacks. 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.
For example, in July 2010 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 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 criminals using
xenophobia to destabilize communities had orchestrated the attacks. 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.
In February 2010 the SAHRC released its report on the 2008
xenophobic attacks against foreign African migrants and ethnic
minorities, which resulted in 62 deaths, injuries to 670 persons, and
the displacement of 80,000 migrants, most of whom had reintegrated into
their communities by the end of 2009 in Western Cape, Gauteng, and
KwaZulu-Natal provinces. The report made more than 100 recommendations,
including the development of an early warning system, better protection
of foreign nationals, and prosecution of perpetrators. Field studies by
the Institute for Security Studies and the Forced Migration Studies
Program (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; 109 suspects were
charged and the conviction rate was 16 percent. NGOs claimed none of
the arrests or prosecutions was for murder, but the FMSP reported one
suspect was convicted of murder and sentenced to 15 years in prison.
The continued killings of mostly white farm owners by black
assailants sustained concern among white farmers that they were being
targeted for racial and political reasons. 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 Agricultural Union of South Africa called for the
minister of police to keep closer track of ``farm violence'' statistics
and issued its own report on April 1, alleging there had been 16
attacks resulting in eight deaths during the period from January 1 to
March 31.
On February 2, Deon van Staden, 51, and Babs Strecker, 73, were
found murdered in their home in Bethanie, North West Province. They had
been stabbed multiple times and beaten with a shovel. The perpetrators
fled with van Staden's truck.
In April 2010 Eugene Terre'Blanche, leader of the extremist white
right-wing Afrikaner Resistance Movement, was bludgeoned to death at
his farm near Ventersdorp, North West Province. Two of Terre'Blanche's
farm workers, Chris Mahlangu and a 15-year-old boy, later contacted
police and claimed to have committed the crime. In April 2010 the two
were charged with murder and the trial was ongoing at year's end.
The law requires employers with 50 or more employees to ensure that
previously disadvantaged groups, legally defined as ``Blacks''
(including ``Africans,'' ``Coloured,'' and ``Asians'' and collectively
constituting more than 90 percent of the population) are represented
adequately at all levels of the workforce. Notwithstanding
antidiscrimination legislation, however, the DOL's 2010-11 Employment
Equity Analysis reported that Blacks remained underrepresented,
particularly at the professional and managerial levels. According to
the report, Blacks held only 13.4 percent of top management positions,
17.6 percent of senior management positions and approximately 31
percent of all professional positions. However, the report also
indicated that Black representation in the skilled labor sector had
increased to 51 percent from 39.2 percent in 2006. Black women remained
by far the most disadvantaged group in number and quality of management
or skilled jobs.
Indigenous People.--The NGO Working Group of Indigenous Minorities
in Southern Africa estimated there were 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 formal
participation in government and the economy 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. 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 same-sex sexual
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-based 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 on average 10 new cases of lesbians being targeted for
``corrective'' rape, in which men raped lesbians to punish them for
being lesbian and to attempt to change their sexual orientation.
A December HRW report highlighted violence and discrimination faced
by lesbians and transgender men. The report documented cases of
``secondary victimization'' of lesbian victims, including cases where
police harassed, ridiculed, and assaulted victims of homophobic
violence when they reported crimes.
Noxolo Nogwaza, a 24-year-old lesbian activist, was raped and
murdered on April 24 in Kwa-Thema township after an altercation at a
bar. Her body was discovered in an alley after she was killed with a
large rock. Evidence also indicated she had been repeatedly raped and
stabbed with glass shards. A police investigation continued and no
suspects had been identified by year's end.
Four of the nine men originally accused of the 2006 murder in Cape
Town of Zoliswa Nkonyana, a lesbian, were convicted on October 7.
Sentencing was pending at year's end.
In May the government formed a task force led by the Department of
Justice and Constitutional Development to consult with human rights
advocates and LGBT rights activists on how to build the government's
capacity to respond to homophobic violence. The task team includes
representatives from several government departments as well as civil
society organizations. The task force established a number of goals,
including awareness training for law enforcement and victim service
providers, statistical tracking, and possible new legislation.
Other Societal Violence or Discrimination.--According to anecdotal
reports, the social stigma associated with HIV/AIDS has declined as a
result of the availability of life-saving ARV treatment. Civil society
organizations such as the Treatment Action Campaign and government
campaigns have contributed to the reduction of the discrimination
against persons with HIV/AIDS.
The HIV/AIDS epidemic contributed to the number of households
headed by children who supported themselves and often younger siblings.
However, in its 2010-11 Child Gauge Report, the Children's Institute at
the University of Cape Town stated there was little evidence of rapid
growth in the orphan population due to HIV/AIDS. Child-headed
households accounted for 0.5 percent of all households, or
approximately 95,000 households in 2009, a decrease of 23,000 since
2002.
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 killings by police.
The trial of ANC municipal councilor Vusi Khoza and Sean Thabo
Jacobs, Patricia Ballantyne, and Mzokuthoba Mngonyama for their roles
in a mob attack that resulted in the 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. After a series of delays, the
trial resumed in September and was ongoing at year's end.
Xenophobic attacks on foreign African migrants remained a problem;
however, attacks did not occur on the scale of previous years.
Killings and other violent crimes against white farmers and, on
occasion, their families, continued in rural areas.
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 March 21, Cynthia Lemaho (26) and Mupala Motopela (81) were
stoned to death by a mob after being accused of practicing witchcraft
in Bokgaga village outside Tzaneen, Limpopo. The two women were dragged
from their home, stoned to death, and dragged back into the house,
which was then burned. SAPS in the province responded swiftly and
arrested 32 suspects, who appeared in the Naphuno Magistrate's Court on
March 25. Two suspects, Leonard Mokhomole and Godfrey Senyolo were
charged with murder and arson. They were scheduled to appear in court
on January 31, 2012.
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.
For example, on February 6, the body of 74-year-old Tsatsawani
Maria Maceke was found in her house. Her genitals, breasts, lips, and
eyes had been removed. On February 9, SAPS were alerted to a discarded
plastic bag containing body parts, which were believed to belong to
Maceke. SAPS arrested five suspects, and they have been charged with
murder in the Malamulele Magistrate's Court.
In January 2010 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) named Jan
Maleka also was arrested, but then released for lack of evidence.
Later, one male suspect, Brian Mangwale, was put on trial for murder.
On November 28, Judge Billy Mothle sentenced Mangwale to six years'
imprisonment for kidnapping and life imprisonment for murder. Speaking
to the crowd outside the court after sentencing was passed, the
minister for women, children, and people with disabilities, Lulu
Xingwana, welcomed the judge's sentencing but cautioned listeners that
Mangwale's accomplices were still at large. Xingwana urged community
members to work with police in order to apprehend other suspects.
Section 7. Worker Rights
a. Freedom of Association and the Right to Collective Bargaining.--
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. The law allows unions to conduct their activities without
interference and provides for the right to strike; however, workers
considered to be providing essential services were prohibited from
striking, and employers are prohibited from locking out essential
service providers. The government characterizes essential services as
(a) a service, the interruption of which endangers the life, personal
safety, or health of the whole or part of the population, (b) the
parliamentary service, or (c) members of SAPS. The law protects
collective bargaining and prohibits employers from discriminating
against employees or applicants due to past, present, or potential
union membership or participation in lawful union activities. The law
provides for the automatic reinstatement of workers dismissed unfairly
for conducting union activities. The law provides a code of good
practices for dismissals, which includes procedures for determining the
``substantive fairness'' and ``procedural fairness'' of a given
dismissal. The constitution includes all groups of workers, including
foreign residents, illegal or legal, in its worker protections. Labor
laws also extend to farm workers. The National Defense Bill states that
military unions cannot affiliate with any existing union federation and
do not have the right to strike.
The government effectively protected freedom of association and the
right to collective bargaining, and workers routinely exercised these
rights. A labor court and labor appeals court effectively enforced the
right of association. The Food and Allied Workers' Union (FAWU) alleged
that in isolated instances individual employees on small farms in the
Western Cape and Northwest provinces were fired for union organizing
activities. No actions were brought against employers in response to
these firings. Worker organizations were independent of the government
and political parties. There were no known cases of government
interference in union activities.
The right of workers to form and join unions was effectively
enforced. No violations were reported.
Workers frequently exercised their right to strike. Although
workers considered to be providing essential services were prohibited
from striking, strikes occurred throughout the year involving these
individuals. 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 sometimes marked by violence. Police in some instances
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 workers who were blocking entrances to public
facilities.
In December three FAWU officials who intervened in an unprotected
strike at a poultry farm in Stellenbosch, Western Cape, were attacked
by private security guards, who sprayed them with pepper spray and
kicked them in the face while they were held to the ground. The victims
claimed that although they were attempting to mediate the dispute, they
were attacked once the guards recognized them as union officials, and
that the guards' employer did not compel the perpetrators of the attack
to report to the police as instructed.
The Labor Relations Act was not consistently enforced. The Congress
of South African Trade Unions (COSATU) alleged that employers
frequently used temporary employment services, known locally as labor
brokers, to circumvent the tenets of the Labor Relations Act protecting
the rights of workers to bargain collectively. There were no lawsuits
filed for antiunion discrimination during the year.
COSATU and leading agricultural NGOs complained that labor
conditions on farms remained harsh, including underpayment of wages and
poor living conditions. Union officials stated that unionization of
farm workers remained difficult. According to HRW, the government did
not enforce labor laws fully in the agricultural sector.
HRW cited cases in Western Cape where employers denied farm workers
in the fruit and wine sector their constitutional right to unionize.
b. Prohibition of Forced or Compulsory Labor.--The law prohibits
all forms of forced or compulsory labor. However, the government did
not consistently and effectively enforce the law. There were reports of
isolated cases of forced labor involving children (see section 7.c.)
and women, which occurred primarily in domestic and agricultural labor.
Girls were subjected to domestic servitude and prostitution, and boys
were forced to work in street vending, food service, begging, criminal
activities, and agriculture. Women and girls from Thailand, Cambodia,
the Congo, India, Russia, Ukraine, China, Taiwan, Mozambique, and
Zimbabwe are recruited for legitimate work in South Africa, then
subjected to prostitution, domestic servitude, and forced labor in the
service sector. Migrant men from China and Taiwan are forced to work in
mobile sweatshop factories in Chinese urban enclaves in South Africa.
Young men and boys from Mozambique, Malawi, and Zimbabwe voluntarily
migrate to South Africa for farm work. In some cases they labor for
months with little or no pay in conditions of involuntary servitude
before employers have them arrested and deported as illegal migrants.
The DOL worked with the National Prosecuting Authority (NPA) Child
Unit on issues related to child labor and child trafficking, and during
the year attended three court cases related to child labor from the
steel and iron sector in the Vaal area. Each case takes 12 months to
finalize at a minimum. The process involved coordination with SAPS, the
Department of Social Development, the Department of Home Affairs, and
embassies where necessary.
Also see the Department of State's Trafficking in Persons Report at
http://state.gov/j/tip.
c. Prohibition of Child Labor and Minimum Age for Employment.--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 well-being; education; physical or mental health; or
spiritual, moral, or social development. Underage children were allowed
to work in the performing arts if their employer received Department of
Labor permission and agreed to follow specific guidelines. Violation of
laws regulating child employment is punishable by a maximum prison
sentence of three years or a fine of 15,000 rand ($1,856).
The government generally enforced child labor laws in the formal
sector of the economy, which was monitored by strong and well-organized
unions.
Enforcement of child labor laws in the informal and agricultural
sectors was ineffective. According to the DOL, during the year it
increased the number of labor inspectors from approximately 650 to 986
inspectors, close to its target of 1,000 inspectors. Exact figures on
inspections were unavailable. 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.
An important factor in reducing child labor was the government's
250 rand ($31) per month Child Support Grant to primary caregivers of
children under the age of 17. The age was scheduled to be increased to
18 in January 2012. There were no other government efforts to reduce
child labor, and penalties were not adequate to deter child labor.
Although statistical information is lacking, child labor was
reported in the informal sector and extralegal market, particularly in
the agriculture sector, especially the former homeland areas, as well
as in domestic work. The Children's Institute at the University of Cape
Town reported periodic difficulty educating rural families about the
rights of children enshrined in the law, given linguistic and cultural
barriers.
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.
Also see the Department of Labor's Findings on the Worst Forms of
Child Labor at http://dol.gov/ilab/programs/ocft/tda.htm.
d. Acceptable Conditions of Work.--There was no legally mandated
national minimum wage, although the law gives the DOL authority to set
wages by sector. There are wage standards for multiple economic sectors
including the retail sector, farm laborers, domestic workers, and taxi
(minibus) drivers. The minimum wage for farm workers was approximately
6.31 rand ($0.78) per hour. The minimum hourly wages for domestic
workers employed more than 27 hours per week ranged from 4.85 rand
($0.60) to 7.06 rand ($0.87).
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. 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 variances from the law by showing
good cause. The rights of foreigners and immigrant workers are legally
protected under the Labor Reform Act.
The government set occupational safety and health (OSH) standards
through the Department of Minerals and Energy for the mining industry
and through the DOL for all other 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.
Employers are subject to heavy fines or imprisonment for the
serious injury, illness, or death of employees due to unsafe mine
conditions, and mine inspectors are allowed 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.
Depending on the province, compliance with the minimum wage rate
generally ranged from 65 to 90 percent, according to 2007 DOL figures.
Work hour and OSH standards were effectively enforced in the formal
sector, and labor unions and labor courts focused on compliance. The
number of labor inspectors was not sufficient to fully document
nonconformance with safety regulations and labor laws. Labor inspectors
on farms were inadequate. In Western Cape Province, for example, 107
government labor inspectors had responsibility for more than 6,000
farms.
While labor conditions improved on large commercial farms, they
remained harsh, especially for workers on small holdings, most of whom
were black. Many owners of small farms did not measure working hours
accurately. Twelve-hour work days were common during harvest time, and
few farmers provided overtime benefits.
Among the estimated 121,000 farm workers in the Western Cape, HRW
documented widespread examples of exploitative work conditions and
other human rights abuses. For example, one elderly couple was forced
to live in a former outhouse for years, and another was forced to live
in a pigsty without electricity, water, or protection from the elements
for 10 years. Workers using pesticides were not provided with adequate
safety gear. Employers routinely denied requests for sick and maternity
leave, in contravention of the law.
__________
SOUTH SUDAN
executive summary
The Department of State's Country Reports on Human Rights Practices
typically covers the period from January 1 through December 31.
However, the Republic of South Sudan (hereafter referred to as South
Sudan) became an independent republic on July 9, when it completed its
secession from the Republic of Sudan (hereafter referred to as Sudan).
The creation of the new country followed a January referendum in which
98 percent of citizens of Southern origin voted in favor of
independence. International and national observers characterized the
mostly orderly and peaceful balloting as consistent with international
standards and representative of the genuine preferences of voters.
Under a power-sharing arrangement established by the 2005 Comprehensive
Peace Agreement (CPA), a simultaneous referendum on the status of the
Abyei Area was also scheduled for January, but it was not held. At
year's end the Abyei Area was jointly administered by Sudan and South
Sudan, with its final sovereignty status unresolved pending
negotiations. The CPA also called for popular consultations in the
Sudanese states of Southern Kordofan and Blue Nile to determine whether
constitutional, political, administrative, and economic preconditions
for peace were satisfactory or needed to be renegotiated with the
government of Sudan. However, this process had not concluded by the
July 9 end of the CPA, was abandoned by Sudan, and resulted in armed
conflict that triggered refugee flows into South Sudan. President Salva
Kiir, who was elected in free and fair elections in April 2010, headed
the government of South Sudan. On July 9, Independence Day, the
president signed into law the transitional constitution, which provides
for an executive branch headed by a president, a bicameral national
legislature, and an independent judiciary.
Prior to July 9, the territory that now comprises South Sudan was
the sovereign territory of Sudan. Security forces operating in South
Sudan were composed of both the Sudanese Armed Forces (SAF)--the armed
forces of Sudan--and the Sudan People's Liberation Army (SPLA)--the
armed forces of South Sudan--which were combined in 2007 to form the
Joint Integrated Units (JIUs) under the joint control of the
governments of Sudan and South Sudan. After independence on July 9, the
SPLA became the national defense force of South Sudan and continued to
be composed of various ethnic groups. Fighting between the JIUs and
rebel militia groups (RMGs) resulted in numerous killings and
abductions of civilians, especially of children and women. Fighting
occurred along the border between Sudan and South Sudan, where disputes
continued over claimed territories, in addition to RMG and interethnic
conflicts in Upper Nile, Jonglei, Unity, and Warrap states. The zones
of conflict were primarily in Jonglei, Unity, Warrap, Upper Nile, and
Western Equatoria states. There were instances in which elements of the
security forces acted independently of civilian control.
The most serious human rights problems in the country included
extrajudicial killings, torture, rape, and other inhumane treatment of
civilians as a result of conflict between the SPLA and SAF, RMG attacks
on SAF and SPLA security forces, government counterattacks, clashes
between security forces and civilians, interethnic and intercommunal
conflict, and civilian clashes related to cattle rustling. Conflict
also resulted in approximately 250,000 internally displaced persons
(IDPs) during the year.
Other human rights abuses included politically motivated abductions
by ethnic groups; harsh prison conditions; arbitrary arrest and
detention, including prolonged pretrial detention; and an inefficient
and corrupt judiciary. The government restricted freedoms of privacy,
speech, press, assembly, and association. Displaced persons were abused
and harassed. Official corruption was pervasive. The government
restricted the movement of nongovernmental organizations (NGOs), and
NGO workers were attacked and harassed. Violence and discrimination
against women were widespread. Violence against children included child
abuse, child abduction, and harmful traditional practices such as
``girl compensation.'' Police recruited child soldiers prior to
independence in July, and RMGs recruited child soldiers throughout the
year. Trafficking in persons; discrimination and violence against
ethnic minorities and homosexuals; governmental incitement of tribal
violence; and child labor, including forced labor, were problems.
The government seldom took steps to punish officials who committed
abuses, and impunity was a major problem.
The jointly administered Abyei Area was the site of violence,
widespread displacement, and human rights violations during the year.
Attacks by RMGs, including those led by Peter Gatdet Yak, David Yau
Yau, George Athor, and Gatluak Gai, resulted in deaths, injuries,
property destruction, and civilian displacement in Jonglei, Unity,
Warrap, and Upper Nile states. (During the year Yak and Yau Yau joined
the government, and Athor and Gai were killed.) The South Sudan
Liberation Army (SSLA) perpetrated numerous human rights abuses,
including killings and politically motivated kidnappings and
disappearances. The Lord's Resistance Army (LRA) and SSLA abducted
women and children and recruited child soldiers. LRA attacks also
resulted in deaths, injuries, and the displacement of approximately
7,400 persons in Western Equatoria. RMGs obstructed the delivery of
humanitarian assistance.
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. The SPLA, RMGs, and ethnic groups were responsible
for arbitrary killings in conflict zones during the year (see section
1.g.).
In August, in Juba, men wearing police and military uniforms
reportedly killed and robbed civilians, including a priest in Jebel
Kunjur. Some members of these groups were reportedly arrested, although
no investigations were conducted. In response to this incident, police
intensified night patrols and imposed restrictions on movements after
midnight in areas in Juba witnessing increased crimes.
b. Disappearance.--RMGs and ethnic groups abducted numerous
persons, including women and children, in the conflict zones of
Jonglei, Unity, Warrap, Upper Nile, and Western Equatoria during the
year (see section 1.g.).
On July 25, President Salva Kiir ordered the arrest of General
Mariel, who was charged with involvement in the April disappearance of
an engineer named John Luis Silvio. Silvio disappeared after being
ordered to appear before General Mariel Nuor Jok, the former director
of the Public Security and Criminal Investigation Department. Silvio
had been summoned in connection with a disputed plot of land.
On July 7, prior to the July 9 independence of South Sudan, the
Muslim Brotherhood accused the state government in Wau of involvement
in the disappearance of Al-Shayk Foud Richard, the secretary general of
the South Sudan Islamic Council in Western Bahr el Gazal. The state
government denied any involvement in this case.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The transitional constitution prohibits such practices;
however, government security forces tortured, beat, and harassed
political opponents, journalists, and human rights workers during the
year (see sections 2.a. and 5). Government forces, RMGs, and tribal
factions committed torture and abuse in conflict zones (see section
1.g.).
On July 7, prior to the country's independence, SPLA military
intelligence personnel allegedly arrested, beat, and tortured eight
members of the opposition Sudan People's Liberation Movement-Democratic
Change party at their party headquarters in Juba. The government, which
provided no explanation for its actions, did not punish the
perpetrators.
Police and SPLA personnel reportedly tortured and raped women
during the year. For example, on July 22, at Juba's Malakia police
station, police officers assaulted a female detainee, according to
Radio Miraya, a station operated by the U.N. Mission in South Sudan
(UNMISS). The victim told Radio Miraya the officers raped her with
stones and bottles, including a beer bottle that the men drove into her
uterus. The victim claimed she was held for a month in connection with
a business dispute between her husband and another man. Police officers
reportedly were detained in connection with the case.
In late 2010, prior to the July 9 independence of South Sudan, the
U.N. Office of the High Commissioner for Human Rights reported that
police raped and abused female cadets at the John Garang Unified Police
Academy in Rajaf. On March 25, President Kiir appointed an independent
committee to investigate the allegations; no information had been
released by the committee at year's end.
Prison and Detention Center Conditions.--Prison conditions were
harsh and life threatening, and prisons were overcrowded. Rumbek Prison
in Lakes State, for example, was designed for 200 inmates but
reportedly held more than 550. Health care and sanitation were
inadequate, and basic medical supplies and equipment were lacking.
Prisoners generally received one meal per day and relied on family or
friends for food. Potable water was limited. During the day prisoners
usually stayed outside and participated in recreational activity; at
night they slept in overcrowded, open hallways lined with bunk beds.
Ventilation, temperature, and lighting were inadequate.
Poor prison conditions, including malnutrition and lack of medical
care, resulted in inmate deaths, although statistics were unavailable.
At year's end there were 6,027 prisoners and detainees
incarcerated. The Prisons Directorate of Southern Sudan generally
provided separate cells for men and women; however, juveniles sometimes
were not held separately from adults, and pretrial detainees were not
held separately from convicted prisoners. Children, especially infants,
were often held with adult female prisoners.
Detention centers were under the control of local tribal or state
authorities, and conditions were uniformly harsh and life threatening.
Some were uncovered spaces where detainees were unsheltered from the
sun and chained to a wall, fence, or tree. Sanitary and medical
facilities were poor or nonexistent. Detention centers had limited
potable water. Detainees sometimes spent days outdoors but slept inside
in areas that lacked adequate ventilation, temperature, and lighting.
There were no prison ombudsmen, but prisoners were allowed to
submit complaints to judicial authorities without censorship and to
request investigation of credible allegations of inhumane conditions.
Prison authorities investigated such allegations, although action was
seldom taken. Prisoners were allowed access to visitors and permitted
to take part in religious observances.
The government permitted and encouraged visits by independent human
rights observers, including the UNMISS human rights officer and
independent nongovernmental observers, such as Human Rights Watch.
d. Arbitrary Arrest or Detention.--The transitional constitution
prohibits arbitrary arrest and detention without charge; however, the
government continued to arbitrarily arrest and detain persons during
the year. While not legally invested with the power to arrest or detain
civilians, the SPLA arrested and detained persons.
Role of the Police and Security Apparatus.--The South Sudan Police
Services (SSPS), under the Ministry of Interior, are responsible for
law enforcement and maintenance of order within the country. The SPLA
is responsible for providing security throughout the country and is
under the Ministry of Defense and Veteran Affairs. The SSPS, many of
whom were former SPLA members, were ineffective and corrupt. Illiteracy
was a problem. Police reports were often incomplete, and files, if
created, were often misplaced. Detentions were sometimes based on
accusation rather than official investigation. Complaints of police
abuse were rarely investigated, and impunity was a serious problem.
The SPLA does not have law enforcement authority, unless acting at
the request of civil authorities. Nevertheless, the SPLA detained
persons, including in SPLA-run detention facilities, most notably in
Lakes State. During the year the SPLA's conduct of internal security
and civilian disarmament was often unsystematic and failed to
simultaneously disarm rival communities. Citizens charged that the
SPLA's lack of discipline and political neutrality contributed to
tensions between communities. There were reports that the SPLA used
indiscriminate and excessive force, particularly against women.
The UNMISS police component trained SSPS personnel on a wide range
of security-related subjects during the year, although training and
personnel were insufficient, and lack of government resources impeded
the effectiveness of the program.
Arrest Procedures and Treatment While in Detention.--Persons
arrested must be brought before a public prosecutor, magistrate, or
court within 24 hours; however, there were no available public
prosecutors or magistrates in many regions. Police may detain
individuals for 24 hours without charge; this may be extended up to one
week with authorization from the public prosecutor and by up to two
weeks with authorization from a magistrate. Nevertheless, detainees
were not always informed of charges against them. There was a
functioning bail system. Those arrested have a right to an attorney,
but the country had few lawyers, and prisoners were not always informed
of this right. The law allows detainees to contact their family.
Arbitrary Arrest.--Security forces arrested opposition members and
journalists (see sections 1.c., 1.e., 2.a., and 3).
During the year, prior to the July 9 independence of South Sudan,
the commissioner of Juba ordered the arrest of young girls and women
who wore clothing considered to be revealing (see section 6).
Pretrial Detention.--Lengthy pretrial detention was a problem.
Estimates of the number of pretrial detainees in prison ranged from
one-third to two-thirds of the prison population. The country's lack of
lawyers and judges contributed to lengthy pretrial detention. During
the year the UNMISS Rule of Law, Judicial Systems, and Prison Advisory
Unit started a justice sector mapping project to collect data on
pretrial detainees, including those held for more than one year.
e. Denial of Fair Public Trial.--The transitional constitution
provides for an independent judiciary; however, the courts were subject
to pressure from the government and the SPLA on sensitive matters, such
as the possible illegal sale of government land. The court system did
not function in many areas due to lack of infrastructure,
communications, funding, and an effective police force. In areas where
courts existed, they were understaffed, and judges handled many of the
court's administrative tasks. Courts lacked resources and trained
personnel. According to the U.N. human rights officer in Rumbek, some
judges in formal courts reportedly continued to follow Sharia
principles of tribal customary law in their rulings. Judicial
corruption was a problem.
In parts of the country where civil authorities and institutions
did not operate, there were no effective judicial procedures beyond
customary courts. The government recognized traditional courts or
courts of elders, which applied customary law to most cases in remote
and rural areas, including in domestic matters and criminal cases. The
government continued efforts during the year to formalize and integrate
tradition courts into the judicial system. According to credible
reports, military units in those areas summarily tried and punished
those accused of crimes, especially for offenses against civil order.
Trial Procedures.--Under the transitional constitution, defendants
enjoy a presumption of innocence, public trials, the right to be
present in a criminal trial without undue delay, the right to confront
witnesses against them and present witnesses and evidence, and the
ability to access legal aid if they are unable to defend themselves
against serious charges. These rights were rarely respected due to lack
of attorneys and trained court personnel. No legal aid system existed
in the country. Lack of due process was widespread, and observers
expressed particular concern about lack of due process in the trials of
persons sentenced to death.
Persons tried in traditional courts did not always enjoy the same
legal protections as those in the formal system. Defendants did not
necessarily have access to counsel or the right of appeal, and
discrimination against women was common. However, some customary
courts, particularly those in urban areas, had fairly sophisticated
procedures, and verdicts were remarkably consistent. At least one
customary court judge (a Bari chief) in Juba kept records that were
equal to or better than those kept in government courts.
Political Prisoners and Detainees.--The government held an
undetermined number of political prisoners and detainees. Conditions of
detention were harsh. The government permitted access to such persons
by international humanitarian organizations. Security forces often
detained without charge and abused political opponents.
For example, on March 23, prior to the country's July 9
independence, nine opposition members were arrested in connection with
a document criticizing the Northern Bahr el-Ghazal governor and calling
for antigovernment demonstrations in the state. At year's end the nine
were reportedly being held without charge in Machar Kunyuk Prison, and
no trial had been scheduled.
Civil Judicial Procedures and Remedies.--The legal system provides
for an independent and impartial judiciary in civil matters; however,
civil courts were neither independent nor impartial. The courts
provided the only option for those seeking to bring claims to address
human rights violations and damages.
Court orders were not always enforced due to the frequent lack of
court documentation, such as arrest warrants.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The transitional constitution prohibits interference
with private life, family, home, and correspondence, and the government
generally respected these prohibitions. However, there were reports
that rural detention centers held family members in lieu of accused
persons who had fled to induce the accused persons to turn themselves
in.
g. Use of Excessive Force and Other Abuses in Internal Conflicts.--
Human rights abuses occurred throughout the conflict zones of Jonglei,
Unity, Warrap, Upper Nile, and Western Equatoria states. Conflict
between the SPLA and SAF along the northern border areas, RMG attacks
on SAF and SPLA security forces, government counterattacks, clashes
between security forces and civilians, interethnic and intercommunal
conflict, LRA attacks, and cattle rustling resulted in widespread
civilian deaths, injuries, kidnappings, and approximately 250,000 IDPs.
SAF aerial bombardments in disputed territories along the border in
November and December resulted in refugee flows into South Sudan and
civilian deaths and injuries.
South Sudan has a long history of cattle raiding, often resulting
in territorial, ethnic, and communal conflicts over migration patterns,
access to water, and land, in addition to theft. Following the decades
of civil war, cattle rustling became more deadly because of the
widespread use and availability of small arms. During the year
interethnic fighting led to a series of violent, retributive attacks in
Jonglei, Warrap and Lakes states.
The lack of political reconciliation and a cohesive national
identity exacerbated the violence, as did the inability of central and
state governments to provide security or resolve internal conflict.
Prior to the July 9 independence of South Sudan, following disputes
over the scheduled referendum that did not occur, violence between SAF
and SPLA forces in the jointly administrated Abyei Area resulted in the
displacement of an estimated 110,000 persons. Most IDPs fled to
Northern Bahr el Gazal, Unity, and Warrap states, where they remained
at year's end. Since sovereignty over the Abyei Area remained in
dispute, these persons were considered neither refugees nor IDPs, but
rather ``displaced persons of concern'' for purposes of this report.
Killings.--The use of excessive force by government forces resulted
in civilian deaths. For example, prior to the July 9 independence of
South Sudan, on April 23, in Jonglei and Unity states, the SPLA
attacked forces loyal to RMG leaders Peter Gadet Yak and Gabriel
Tanginya, resulting in 85 civilian deaths.
Prior to the July 9 independence, fighting in May and June between
SPLA and RMGs led by George Athor, Gatluak Gai, Peter Gadet Yak, David
Yau Yau, and Olony resulted in hundreds of civilian deaths and injuries
and widespread displacement. RMGs also distributed weapons to different
ethnic groups to instigate violence among local ethnic communities
involved in cattle-related disputes.
RMG attacks decreased following the president's October executive
order offering amnesty to RMG members who agreed to reintegrate into
the SPLA; however, RMG attacks on security forces resulted in
casualties during the year. For example, on March 12, prior to the July
9 independence of South Sudan, armed persons under the command of RMG
leader Olony attacked SSPS offices in Malakal. At least one U.N.
official and 12 civilians were injured.
Intertribal and intercommunal clashes, particularly in Jonglei and
Upper Nile states, continued throughout the year and resulted in
numerous deaths. According to the U.N. Office for the Coordination of
Humanitarian Affairs (OCHA), 1,698 persons were killed during the year
in Jonglei State alone.
On August 18, in Jonglei, conflict over cattle raiding between
members of the Murle and Lou Nuer tribes resulted in an estimated 600
deaths, the destruction of seven villages, and the abduction of nearly
200 women and children. On December 20, interethnic and intercommunal
fighting in Jonglei resulted in 51 deaths.
Prior to the July 9 independence of South Sudan, LRA attacks
occurring primarily in Western Equatoria but also in Western Bahr el
Ghazal resulted in at least 18 deaths between January and March,
according to OCHA.
Abductions.--Intertribal and intercommunal clashes, particularly in
Jonglei and Upper Nile states, resulted in abductions. For example, on
August 18, approximately 200 women and children were kidnapped during
conflict over cattle raiding between members of the Murle and Lou Nuer
tribes.
According to OCHA, the LRA abducted 49 civilians during the year.
Most abductions occurred in Raga County, Western Bahr el Ghazal. For
example, on September 4, LRA forces--reportedly accompanied by women
and children they had abducted--attacked a village in Western Bahr el
Ghazal and abducted two young men. According to the Raga County
commissioner, the LRA attacked the Deim Jallabi police station, where
they took three guns, and then attacked and robbed homes in the
village.
Physical Abuse, Punishment, and Torture.--Government and RMG forces
tortured and abused civilians during the year, often to extract
information. Government and RMG forces also raped women, although
victims seldom reported such incidents.
Land mines planted by RMGs resulted in deaths and injuries. For
example, on April 19, prior to the July 9 independence of South Sudan,
the U.N. reported that an Adventist Development and Relief Agency truck
carrying more than 56 metric tons of food detonated a land mine between
Abeimnom and Mayom in Unity State. The driver and a passenger were
injured.
On August 19 and 20, the detonation of two land mines in Bentiu,
Unity State, resulted in at least five civilian deaths and injuries to
numerous others. The government continued to cooperate with the U.N.
Mine Action Group and other demining groups to remove land mines in the
South.
Child Soldiers.--Government and RMG forces recruited children
during the year. In April, prior to the July 9 independence of South
Sudan, the SSPS in Unity State reportedly recruited persons forcibly
into its ranks, including children. Some of these children ended up in
the SPLA, when it subsequently tapped the SSPS for its own recruitment
needs. The SPLA ordered local commanders to release underage children
in their units. The SPLA also took steps during the year to remove
child soldiers from RMGs. In collaboration with UNMISS, the SPLA
conducted a workshop in November to develop a strategy for protecting
children in armed conflict.
When threatened by RMGs, tribal disputes, or natural disasters,
women and children historically gravitated to SPLA military camps for
protection, exacerbating the problem of child soldiers. From 2009 until
2011, a total of 328 boys were observed in SPLA camps. Children
``associated'' with the SPLA posed a dilemma for SPLA leadership as
there were no other governmental agencies or institutes to receive the
children, many of whom had either lost their parents or were displaced
from their families due to conflict. The Demobilization, Disarmament,
and Reintegration Commission (DDR) and the Ministry of Gender, Child,
and Social Welfare continued to track and demobilize children
associated with military organizations. The government conducted public
relations campaigns to discourage families from sending their children
to SPLA military camps to seek shelter, support, and financial
compensation. UNMISS training emphasized that SPLA members would be
liable for recruiting and keeping children in the barracks even if
children are not recruited but return to the SPLA on their own
volition.
The reintegration process--the final stage of the DDR campaign that
began in 2001 in Rumbek, Lakes State--aimed to demobilize children
associated with the army following a Sudan People's Liberation Movement
(SPLM) agreement with the U.N. Since 2005 more than 3,000 children were
demobilized, mainly from the Bahr el Ghazal region consisting of
Western and Northern Bahr el Ghazal states. The South Sudan DDR
Commission managed the reintegration process after the signing of the
CPA in 2005. At year's end most children had been reintegrated with
their families and had attended vocational training, primary schools,
and accelerated learning programs. In some cases UNICEF partnered with
the South Sudan DDR to provide the families of demobilized children
with goats to help pay for the children's needs until the family was
able to support the child.
The use of child soldiers was common throughout the two-decade
Sudanese civil war, although the 2008 Child Act banned it as well as
the employment of children in the military. The 2008 Act establishes 18
as the minimum age for voluntary recruitment into the armed forces and
requires the government to ensure that ``no child be used or recruited
to engage in any military or paramilitary activities, whether armed or
unarmed, including, but not limited to work as sentries, informants,
agents or spies, cooks, in transports, as laborers, for sexual
purposes, or any other forms of work that do not serve the interests of
the child.''
The SPLA released approximately 20,000 child soldiers in the past
few years. While the SPLA no longer recruited children, UNMISS
previously stated that there was still a problem with ``associated''
child soldiering by former child soldiers who spent much of their time
in and around SPLA units.
Also see the Department of State's Trafficking in Persons Report at
http://state.gov/j/tip.
Other Conflict-related Abuses.--Security forces and RMGs operating
in South Sudan restricted the movement of U.N. personnel and other
humanitarian groups. Conflict in intertribal areas impeded the delivery
of assistance to vulnerable populations, particularly prior to
independence on July 9. Trucks carrying humanitarian supplies were
vulnerable to land mines and hijackings. For example, a World Food
Program truck on its way to deliver food to schools was hijacked during
the year. Establishing the identity of perpetrators was often
difficult.
Conflict between the SPLA and SAF along the northern border areas,
RMG attacks on SAF and SPLA security forces, government counterattacks,
clashes between security forces and civilians, interethnic and
intercommunal conflict, LRA attacks, and cattle rustling resulted in
250,000 IDPs during the year.
In Jonglei alone, 63,000 persons were displaced between August and
December as a result of interethnic and intercommunal violence, much of
it related to cattle raiding. In most cases the homes of IDPs who fled
were burned, their cattle stolen, and their means of livelihood
destroyed.
Approximately 7,400 persons were displaced as a result of LRA
attacks in Western Equatoria and Western Bahr el Ghazal. Approximately
70,000 civilians were displaced in previous years by LRA attacks and
had not returned to their homes by year's end.
In addition to civilian displacement, massive refugee flows
resulted from conflict during the year. Approximately 78,000 refugees
from Sudan fled to South Sudan as a result of conflict between the
SPLA-North (SPLA-N) and SAF along the disputed border areas. This
number included 24,000 residents of Southern Kordofan and 54,000
residents of Blue Nile State who fled SAF aerial bombings in November
and December. Most refugees from Sudan settled in Unity and Upper Nile
states.
In early July, prior to the July 9 independence of South Sudan, the
U.N. reported that more than 8,000 residents of Southern Kordofan fled
SAF aerial bombing attacks in the Lake Jau area, a disputed and
undemarcated border area between Unity State in South Sudan and
Southern Kordofan in Sudan.
The government's capacity to assist IDPs and refugees was extremely
limited, and most humanitarian aid was provided by the international
community or host families and communities. The U.N. High Commissioner
for Refugees (UNHCR), other U.N. agencies, international NGOs, domestic
NGOs, and other donors provided shelter, emergency health-care
services, water and sanitation services, food assistance, nonfood
items, and livelihood assistance for IDPs. However, conflict along the
border, RMG activity, attacks, lack of infrastructure and road access,
land mines, heavy rains, and flooding impeded the delivery of
assistance to refugees inside and outside conflict zones. U.N.
assessments consistently concluded that some areas of South Sudan's
border with Sudan remained unsafe for the return of IDPs.
Returnees suffered abuses, such as armed attacks, killings, gender-
based violence, recruitment of child soldiers, and forced labor,
according to the UNHCR. Government forces, RMGs, and ethnic groups were
responsible for such abuses. Returnees also faced delayed allocation of
land, lack of basic services, inability to obtain transportation to
their final destinations, and lack of employment.
There were credible reports that the following armed groups
perpetrated serious human rights abuses in South Sudan during the
reporting period: the LRA and the SSLA.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--Status of Freedom of Speech and
Press.--The transitional constitution provides for freedom of speech
and press; however, the government did not always respect these rights
in practice.
Freedom of Speech.--Individuals could criticize the government
publicly or privately without reprisal, in large part because the
government did not have the ability to impede criticism or regularly
monitor political meetings.
Freedom of Press.--Independent media in the country included four
newspapers and 11 radio stations. The government occasionally
interfered in the publication of articles. Due to the high price of
television sets and poor electricity, the country had only one
government-owned television station, Southern Sudan TV.
At a dialogue forum during the year for the media and national
security services, an SPLA spokesman warned reporters against covering
sensitive topics, including any reporting on the army.
Violence and Harassment.--Journalists were detained, intimidated,
and harassed for criticizing security forces or the government.
Security forces confiscated or damaged journalists' cameras and
equipment, demanded photography permits from journalists, and
restricted their movements, particularly prior to independence.
For example, prior to the July 9 independence of South Sudan, Nhial
Bol, the editor of The Citizen newspaper, was arrested, detained, and
later released without charge. Security forces arrested Bol three times
since 2007 following articles in The Citizen that accused officials of
corruption and mismanagement.
On November 2, security forces arrested without charge Ngor Aguot
Garang, editor of the English-language daily Destiny, following an
October 26 article in the newspaper that criticized President Kiir. The
newspaper was suspended, and on November 5, Dengdit Ayok, the deputy
editor of Destiny and author of the article, was also arrested and
suspended from working as a journalist. On November 18, both
journalists were released. Garang claimed that he was beaten and
tortured while in detention.
Libel Laws/National Security.--Security forces accused journalists
of espionage without any substantial evidence. For example, prior to
the July 9 independence of South Sudan, on May 18, security forces
arrested Mohamad Arkou Ali, a journalist from Sudan Radio Service in
Wau, for taking photographs without a permit. Arkou, who was not in a
military area at the time, was held for three weeks.
Internet Freedom.--There were no government restrictions on access
to the Internet or credible reports that the government monitored e-
mail or Internet chat rooms. Individuals and groups could engage in the
expression of views via the Internet, including by e-mail.
Academic Freedom and Cultural Events.--There were no restrictions
on academic freedom or cultural events.
b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The transitional constitution provides for freedom of
peaceful assembly, and the government generally respected this
protection. However, there were unconfirmed reports from opposition
political leaders that they were not allowed to hold rallies or
political events in some states.
Freedom of Association.--The transitional constitution provides for
freedom of association, and the government generally respected this
right in practice. However, there were unconfirmed reports from
opposition political leaders that their right of association was not
respected in some states.
c. Freedom of Religion.--See the Department of State's
International Religious Freedom Report at http://state.gov/j/drl/irf/
rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The transitional constitution
provides for freedom of movement within the country, foreign travel,
and repatriation, and the government generally respected these rights
outside the zone of conflict; however, the government obstructed
movement within the zone of conflict (see section 1.g.) The
transitional constitution does not provide for emigration. Conflict
involving government forces, RMGs, and ethnic groups in conflict areas
resulted in widespread displacement and restrictions on movement (see
section 1.g.).
The government cooperated with the UNHCR and other humanitarian
organizations in providing protection and assistance to IDPs, refugees,
and persons of South Sudanese nationality living in Sudan who returned
to South Sudan during the year. However, security forces and RMGs
operating in South Sudan sometimes restricted the movement of U.N.
personnel and the delivery of humanitarian aid.
Emigration and Repatriation.--During the year approximately 360,000
persons of South Sudanese nationality living in Sudan returned to South
Sudan through government-organized programs coordinated by the UNHCR
and International Organization of Migration (IOM). The majority of
returnees settled in Northern Bahr el Gazal, Unity, and Upper Nile
states but continued to face violence, abuse, and lack of basic
services. However, living conditions for returnees were almost
indistinguishable from the general population due to the lack of
development and livelihood activities throughout the country. The
government faced enormous challenges in addressing the needs of the
massive influx of returnees, in addition to those of the existing
population. Challenges included implementation of a comprehensive
development plan to assume control of and professionalize public sector
services, particularly the health sector.
Internally Displaced Persons (IDPs).--Conflict between the SPLA and
SAF along the northern border areas, RMG attacks on SAF and SPLA
security forces, government counterattacks, security forces clashes
with civilians, interethnic and intercommunal conflict, LRA attacks in
Western Equatoria, and cattle rustling resulted in approximately
250,000 IDPs during the year (see section 1.g.).
Protection of Refugees.--Access to Asylum.--The country's laws do
not provide for the granting of asylum or refugee status, and the
government has not established a system for providing protection to
refugees. However, the government allowed refugees to settle in the
country.
Approximately 78,000 refugees from Sudan fled to South Sudan as a
result of conflict between the SPLA-N and SAF along the disputed border
areas (see section 1.g.).
Approximately 20,000 refugees from the Democratic Republic of the
Congo (DRC) and the Central African Republic (CAR) fled to Western Bahr
el Ghazal due to LRA attacks in their home countries.
Approximately 5,000 Ethiopian refugees fled to South Sudan due to
ethnic persecution in Gambella, Ethiopia.
The government's capacity to assist refugees was extremely limited,
and most humanitarian aid was provided by the international community
or host families and communities. The UNHCR, the lead agency in
providing and coordinating humanitarian assistance for refugees, worked
closely with the South Sudanese Relief and Rehabilitation Commission.
UNHCR support varied depending on refugee location and specific
circumstances, but on a national level it provided physical protection,
food, legal assistance, livelihood activities, and family
reunification. The UNHCR also provided either direct or indirect
support through numerous international NGOs contracted as implementing
partners to provide humanitarian assistance and fill protection gaps.
The International Committee of the Red Cross, IOM, and numerous NGOs
provided relief assistance to refugees and IDPs throughout the country.
However, fighting between the SAF and SPLA-North in disputed border
areas, RMG attacks, lack of infrastructure and road access, land mines,
heavy rains, and flooding impeded humanitarian access to many towns and
villages.
Refugee Abuse.--Refugees suffered abuse, such as armed attacks,
killings, gender-based violence, recruitment of child soldiers, and
forced labor, according to the UNHCR. Government forces, RMGs, and
ethnic groups were responsible for such abuses. Returnees also faced
delayed allocation of land, lack of basic services, inability to obtain
transportation to their final destinations, and lack of employment.
Stateless Persons.--While data was incomplete, there were reports
of de facto stateless populations in South Sudan. During the week
beginning July 25, state authorities in Western Bahr el Ghazal ordered
3,000 to 5,000 members of the nomadic Mbororo population to leave the
state; the Mbororo are a nomadic population who move between the DRC,
CAR, and South Sudan. State authorities claimed that other ethnic
communities living in Western Bahr el Ghazal feared an ``Arabization''
of Western Bahr el Ghazal by the Mbororo population and complained of
land disputes and crop damage from Mbororo cattle. Most Mboboro members
departed the state for South Darfur and the CAR; however, between 150
and 160 Mbororo members remained in Western Bahr el Ghazal and were de
facto stateless. Observers agreed that the Mbororo population posed no
security threat and that action taken against the Mbororo was motivated
by ethnic and political considerations.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The transitional constitution, which came into effect in July, does
not address the right of citizens to peacefully change their
government; however, citizens of Southern origin exercised this right
in a January referendum in which they voted overwhelmingly to secede
from Sudan to create the independent republic of South Sudan.
Elections and Political Participation.--Recent Elections.--South
Sudan has not yet held elections as a new nation. Prior to independence
on July 9, more than 98 percent of voters cast their ballots in favor
of secession during the Southern Sudan Self-Determination Referendum on
the status of Southern Sudan, held between January 9 and 15. Both
international and domestic observers characterized the process as
generally peaceful and fair, despite some irregularities. The Carter
Center reported to the South Sudan Referendum Commission that incidents
of assisted voting for illiterate and poorly educated voters occurred
in all 10 states and could have undermined the secrecy of ballots,
although in most cases it did not influence the will of voters.
Security officials reportedly were present in some referendum centers,
which could have intimidated some voters. The absence of large-scale
voter education and civic education contributed to voters' limited
understanding of the process and inhibited their ability to make
informed decisions about the impact of continued unity as opposed to
secession.
Presidential and legislative elections were held in April 2010 and
were dominated by the SPLM party. While the presidential election,
which resulted in the election of President Salva Kiir Mayardit, was
deemed generally free and fair by international observers, the SPLM
imposed governors in some states. Voters in Unity State, for example,
voted overwhelmingly for the independent candidate, but the incumbent
SPLM governor was declared the winner. The imposition of SPLM governors
in Jongei and Unity states triggered violence, resulting in deaths and
injuries.
In the months leading up to the April 2010 elections, security
forces harassed, arrested, and detained persons thought to be opposed
to the SPLM, including journalists and opposition members.
Political Parties.--The SPLM enjoyed a near-monopoly of power and
has been the most broadly recognized and supported political entity
since the signing of the CPA in 2005. SPLM membership conferred
political and financial advantages. In the new cabinet announced in
August, opposition parties headed only four of 29 ministries. Many
opposition members were dismissed from civil service employment at
central and state levels during the year. Opposition parties lacked
large constituencies, were not represented in many states, and had
limited financial resources and poor infrastructure. Only a few had
regular party conventions or established communication networks.
Contrary to the principles adopted at the October 2010 Political
Parties Conference--including the establishment of a National
Constitutional Review Commission that would convene an all-party
constitutional system and a broad-based transitional government during
the transitional period--opposition representation was inadequate,
according to civil society members. SPLM leaders alleged that
opposition parties were financed by, and their leaders were loyal to,
Sudan. Security threats and increased RMG activity exacerbated such
suspicions.
Participation of Women and Minorities.--The CPA stipulates at least
25 percent female participation in the legislative and executive
branches of government, and women held 90 of the 332 seats in the
National Assembly; however, women occupied only five of the 50 seats in
the Council of States. Fifteen female ministers, including five female
ministers and 10 deputy ministers, served in the 56-member cabinet.
The government made efforts to obtain representation from all
ethnic groups; however, no formal mechanism to achieve such balance had
been established by year's end.
Section 4. Official Corruption and Government Transparency
The transitional constitution provides criminal penalties for acts
of corruption; however, the government did not effectively implement
the law, and officials continued to engage in corrupt practices with
impunity. Although President Kiir publicly criticized corruption, it
was a problem in all branches of government and was compounded by poor
record keeping, lax accounting procedures, and the pending status of
corrective legislation within the country.
The South Sudan Anticorruption Commission (SSACC) was created in
2009 under the authority of an amendment to the interim constitution of
2005. The transitional constitution expanded SSACC responsibilities to
include prosecuting as well as investigating allegations of corruption.
However, the 2009 Southern Sudan Anticorruption Commission Act provides
that the SSACC refer investigations suggesting criminal activity to the
Ministry of Justice for prosecution. On September 6, the National
Legislative Assembly adopted the 2010 SSACC annual report and noted
that the transitional constitution mandates that the commission
prosecute corruption suspects. In practice the commission had no
authority to prosecute because the constitution does not repeal or
amend the 2009 act, previous laws, or procedures vesting prosecutorial
powers in the Ministry of Justice. Further complicating the prosecution
issue, corruption is not defined in the constitution or criminal code.
Since its establishment, the SSACC has submitted six cases of
corruption for prosecution to the Ministry of Justice, none of which
had been adjudicated by year's end.
In June, prior to the July 9 independence of South Sudan, the SSLA
called the ministers of finance and legal affairs to testify on a
massive grain scandal in 2009. According to the SSLA Select Committee,
in 2009 the Finance Ministry had asked contractors to build 132
emergency grain stores at a cost of $34 million. Only 46 of the 132
were built, and the rest of the money was either misappropriated or
embezzled.
Government officials of director general rank and higher are
required to submit financial declaration forms, although there is no
penalty for failure to comply.
No law provides for public access to government information.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
Prior to independence in July, domestic and international NGOs were
unable to work effectively due to conflict, flooding, and occasional
government restrictions. Security forces and RMGs operating in South
Sudan sometimes restricted the movement of U.N. personnel and other
humanitarian groups, and conflict in intertribal areas also impeded the
delivery of assistance to vulnerable populations (see section 1.g.).
Following independence on July 9, a variety of domestic and
international human rights NGOs generally operated without government
restriction, investigating and publishing their findings on human
rights cases. During the year there were reports of increased visa and
residency processing requirements for NGO employees. Government
officials were generally cooperative and responsive.
U.N. and Other International Bodies.--The government generally
cooperated with representatives of the U.N. or other international
organizations. However, on August 20, police officers beat the chief
human rights officer for UNMISS after he refused to let police officers
search his luggage at a hotel in Juba. The UNMISS official, who told
reporters that he was beaten, kicked, and punched, was hospitalized for
five days before being sent abroad for further medical treatment. Four
police officers involved in the attack were stripped of their ranks and
given extra work for seven days. The Ministry of Interior commissioned
an investigation.
Government Human Rights Bodies.--Members of the South Sudan Human
Rights Commission are appointed by the president, but the organization
operated somewhat independently. The commission cooperated with
international human rights advocates and submitted reports and
recommendations to the government. Severe resource constraints
prevented the commission from doing more than raising awareness of
human rights issues during the year.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The transitional constitution prohibits discrimination on race,
gender, disability, language, and social status; however, the
government did not effectively enforce the law.
Women.--Rape and Domestic Violence.--Rape is punishable by up to 14
years' imprisonment and a fine; however, the government did not
effectively enforce the law, and rape was thought to be widespread.
Spousal rape is not addressed in the law. No information was available
on the number of persons who were prosecuted, convicted, or punished
for rape, and convictions of rape were seldom publicized. According to
observers, sentences meted out to persons convicted of rape were often
less than the maximum.
The law prohibits domestic violence; however, the government did
not enforce the law. Violence, including spousal abuse, against women
was common, although there were no reliable statistics on its
prevalence. Women were often reluctant to file formal complaints, and
police seldom intervened in domestic disputes. Statistics on the number
of abusers prosecuted, convicted, or punished were not available.
Sexual Harassment.--Sexual harassment is punishable by up to three
years' imprisonment and a fine; however, the government rarely enforced
the law. Although no statistics were available, observers noted that
sexual harassment was a serious problem throughout the country,
particularly by police. In 2010 the local press reported that newly
trained police in Juba harassed women for wearing jeans and short
skirts. Victims of such harassment filed complaints against the police,
and an investigation into the complaints continued at year's end.
Reproductive Rights.--Couples were not subject to coercion or
violence in deciding the number, spacing, and timing of children;
however, few couples had access to the information and means for
responsible birth control methods. Contraception, skilled medical
attendance during childbirth, and obstetric and postpartum care were
not widely available. Reproductive choices were also limited by dowry
since men who paid exorbitant dowries to marry believed they should
have the final say in domestic decisions. High illiteracy rates among
women also limited female access to accurate information concerning the
right to healthy birth control. The maternal mortality rate was 2,000
deaths per 100,000 live births. According to Doctors without Borders, a
woman in South Sudan had ``a bigger chance of dying during childbirth
than of going to high school.'' Women were not provided equal access to
diagnosis and treatment for sexually transmitted diseases because there
were no facilities to provide these services.
Discrimination.--The transitional constitution provides for gender
equality and equal rights for women; however, deep cultural prejudices
continued to result in widespread discrimination against women.
Communities often followed customary laws and traditional practices
harmful to women. For example, women were arrested and detained for
adultery. Women also experienced discrimination in employment, pay,
credit, education, and owning and/or managing businesses.
The government took steps to empower women in political, economic,
and social arenas. For example, during the year the Ministry of Gender,
Child, and Social Welfare used a World Bank grant to disseminate funds
to 109 women, who started businesses in all 10 states. In April the
government also launched the first women's vocational training
institute in Yirol West County, Lakes State. The government also held
an ``activism week'' to raise awareness about violence against women.
Children.--Birth Registration.--The transitional constitution
states that persons born to a South Sudanese mother or father have the
right to citizenship. The government did not register all births
immediately.
Education.--The law provides for tuition-free basic education up to
grade eight, although education was not compulsory, and many children
did not attend school. Lack of schools and muddy terrain during the
rainy season made it difficult for children to attend school. Girls
often lacked equal access to education. Many girls chose not to attend
school or dropped out of school due to the absence of separate
bathrooms in some schools and the preponderance of male teachers.
Child Abuse.--Child abuse, including sexual abuse, was widespread.
Child rape was common but seldom reported due to fear among victims and
their families of stigmatization. Child abduction also was a problem,
and the Murle ethnic group often abducted women and children during
cattle raids.
Child Marriage.--The transitional constitution provides for a
minimum marriage age of 18; however, the law was not enforced, and
child marriage was a problem. No statistics were available on the
extent of the practice. Many abducted children, especially girls, were
forced into marriage.
The practice of girl compensation--compensating the family of a
crime victim with a young girl from the perpetrator's family--occurred
in three counties of Eastern Equatoria State. Victims were generally
between the ages of 11 and 15, were often physically and sexually
abused, did not attend school, and served as servants for the victim's
family. Local officials complained that efforts to curb the practice
were impeded by the lack of security services and rule of law in many
areas. However, during the year the advisor to the governor on gender
and human rights formed an NGO to combat the practice in Eastern
Equatoria State.
Sexual Exploitation of Children.--The law does not provide for a
minimum age of consensual sex, and commercial sexual exploitation of
children was a problem. The law does not address child pornography. The
perpetrators of child prostitution and child trafficking may be
punished by up to 14 years' imprisonment; however, both crimes
occurred, particularly in urban areas. In Juba numerous girls between
ages 12 and 15 were involved in prostitution.
Child Soldiers.--Children were used as soldiers in government
forces and armed groups (see section 1.g.).
Displaced Children.--During the year numerous children were
displaced as a result of conflict and flooding; few had access to
government services, such as education.
International Child Abductions.--The country is not a party to the
1980 Hague Convention on the Civil Aspects of International Child
Abduction.
Anti-Semitism.--It was unknown whether there were Jews among the
Ethiopian community; there were no reports of anti-Semitic acts.
Trafficking in Persons.--See the Department of State's Trafficking
in Persons Report at http://state.gov/j/tip.
Persons With Disabilities.--The law does not specifically 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 has not
implemented programs to ensure access to buildings for persons with
disabilities. There were no mental health hospitals or institutions,
and persons with mental illnesses were held in prisons.
National/Racial/Ethnic Minorities.--Interethnic fighting was a
serious problem (see section 1.g.). The country had more than 81 ethnic
groups and a long history of interethnic conflict. Ethnic groups were
broadly categorized into the Nilotic (Dinka, Nuer, and Shilluk ethnic
groups), Nilo-Hamitic, and the Southwestern Sudanic groups. For these
ethnic groups, cattle represented wealth and status, and competition
for resources to maintain large cattle herds often resulted in
conflict. Longstanding grievances over perceived or actual inequitable
treatment and distribution of resources and political exclusion
contributed to conflict.
Several interethnic clashes occurred following independence in
July, including a cycle of retaliatory attacks between the Murle and
Lou Nuer ethnic groups in Jonglei State. Interethnic conflict spread
throughout Lakes State with subgroups of the dominant Dinka group,
Dinka pastoralists, and Jur Bel agriculturalists fighting for land
resources. Interethnic clashes occurred in northeast Lakes State
between the Nuer from Unity State and the Dinka in Lakes State.
Longstanding tensions in Unity State between the nomadic Misseriya, the
Nuer, and the Ngok Dinka communities resulted in a series of violent
confrontations. Following the January referendum on secession, northern
Arab groups, including the Misseriya from Southern Kordofan and Abyei
Area, migrated into northern Unity State, increasing competition and
tension over resources for cattle.
Christians in South Sudan often discriminated against Arabs and
Muslims.
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 that this law was
enforced during the year. Societal discrimination against gay men and
lesbians was widespread. There were no known lesbian, gay, bisexual, or
transgender organizations.
In July 2010, prior to the July 9, 2011 independence of South
Sudan, President Kiir remarked in an internationally broadcast radio
interview that homosexuality would not be accepted in the South.
Other Societal Violence or Discrimination.--There were no credible
reports of discrimination against persons with HIV/AIDS.
Section 7. Worker Rights
a. Freedom of Association and the Right to Collective Bargaining.--
As a new nation, South Sudan continued to operate under select
legislation inherited from Sudan. The 1997 Labor Act of Sudan remained
in effect during the year. Under the act independent unions are
permitted. The law is silent on the rights to strike and bargain
collectively and does not explicitly prohibit antiunion discrimination
or provide for reinstatement of workers fired for union activities. A
new draft labor law was under review by the Ministry of Justice at
year's end; it was expected to go before the National Assembly in 2012.
Government enforcement of preexisting labor laws was little to
nonexistent.
The country had no industries or manufacturing sector, and 80
percent of the population relied on subsistence farming or animal
husbandry for their livelihood. The South Sudan Workers' Trade Union,
the country's only trade union, had approximately 50,000 public sector
workers.
b. Prohibition of Forced or Compulsory Labor.--The law prohibits
all forms of forced or compulsory labor. Government enforcement of the
law was weak. According to the Ministry of Justice, neither the police
nor labor inspectors referred cases of forced labor to the ministry
during the year.
Government forces and RMGs recruited child soldiers (see section
1.g).
Also see the Department of State's Trafficking in Persons Report at
http://state.gov/j/tip.
c. Prohibition of Child Labor and Minimum Age for Employment.--The
law prohibits child labor and the act of exposing children to economic
exploitation. The minimum age for paid employment in strenuous work is
14, while the minimum age for ``light work'' is 12. Under the law
strenuous work includes activities such as mining and quarrying, work
in factories, graveyard shift work, or employment in prisons or the
military. Light work is defined as work that does not harm the health
or development of a child and does not affect the child's school
attendance or capacity to benefit from such.
The government did not enforce child labor laws. Child labor was
concentrated in the agricultural sector (the majority of which was
subsistence farming) and cattle herding. The Ministry of Labor
estimated that approximately 2,000 children in Juba County were engaged
in child labor of some kind.
Government forces and RMGs recruited child soldiers.
Also see the Department of Labor's Findings on the Worst Forms of
Child Labor at http://dol.gov/ilab/programs/ocft/tda.htm.
d. Acceptable Conditions of Work.--South Sudan continued to operate
under select legislation inherited from Sudan. There were no new laws
stipulating a national minimum wage, nor was there an official estimate
of the poverty income level. The Civil Service Provisional Order
applies to the public sector and outlines the rights and obligations of
public sector workers, including benefits, salaries, and overtime. The
law provides the Ministry of Labor, Public Service, and Human Resources
with the right to issue the schedule of salary rates according to which
all civil servants, officials, and employees are to be paid. Under the
law only unskilled workers are to be paid overtime in excess of 40
hours of work per week. Civil servants, officials, and employees
working at higher pay grades are expected to work necessary hours
beyond the standard work week without overtime pay. When exceptional
additional hours are demanded, the department head may grant time off
instead of reimbursement.
The government set occupational safety and health standards for
public sector workers through the Acceptable Conditions of Work laws.
The government has not enacted similar legislation on wages, working
conditions, or occupational safety and health for workers outside of
the public sector.
The Ministry of Labor, Public Service, and Human Resources is
responsible for enforcement of laws on wages and working conditions. It
had between seven and 10 labor inspectors. Standards were not
effectively enforced, and the Ministry of Justice reported receiving no
cases of labor violations. Penalties for violations of laws on wages
and working conditions were not sufficient to deter violations. The
International Labor Organization (ILO) attempted to train labor
inspectors during the year but found most persons lacked professional
training or were not actual employees of the Labor Ministry. During the
year the Central Equatoria State labor ministry reportedly conducted 69
labor inspections in Juba.
No information was available on working conditions with respect to
minimum wage, hours of work, and occupational safety and health.
According to the ILO, less than 12 percent of workers were in the
formal sector, which included a few security companies and a brewery.
The majority of workers in the country were agricultural workers, of
which 70 percent were agropastoralists, and 53 percent were engaged in
unpaid subsistence family farming.
__________
SUDAN
executive summary
Sudan is a republic transitioning, after the secession of South
Sudan in July, toward a new constitution from a power-sharing
arrangement established by the 2005 Comprehensive Peace Agreement
(CPA). The National Congress Party controls the government, with power
concentrated in the hands of authoritarian President Omar Hassan al-
Bashir and his inner circle. In April 2010 the country held its first
national, multiparty elections in 24 years. The elections, which
several opposition parties boycotted, did not meet international
standards. Observers reported restriction of civil liberties,
intimidation, threats of violence, lack of transparency in vote
tabulation, and other problems. President Bashir was reelected, and his
political party won 323 of 450 seats in the National Assembly. There
were instances in which elements of the security forces acted
independently of civilian control, especially in the Darfur Region and
the Three Areas.
From January 9 to 15, citizens of South Sudanese origin voted in a
referendum on the secession of South Sudan from Sudan. Ninety-eight
percent voted for secession. International and national observers
described the referendum process as consistent with international
standards, peaceful, and orderly. The Republic of South Sudan formally
gained its independence in July. Although required by the Comprehensive
Peace Agreement, a simultaneous referendum on the status of Abyei was
not held, and popular consultations in Southern Kordofan were
indefinitely postponed. Blue Nile consultations were concluded, but the
recommendations were not implemented by year's end. Conflict continued
in Darfur, and conflict occurred in the three border areas of Abyei,
Southern Kordofan, and Blue Nile (the Three Areas). Abyei's final
sovereignty status was not resolved, and the area was under joint
administration by both Sudan and South Sudan.
The main human rights abuses during the year included the
following: government forces and government-aligned groups committed
extrajudicial and other unlawful killings; security forces committed
torture, beatings, rape, and other cruel and inhumane treatment or
punishment; and prison and detention center conditions were harsh and
life threatening.
Other major abuses included arbitrary arrest and arbitrary,
incommunicado, and prolonged pretrial detention; executive interference
with the judiciary and denial of due process; obstruction of
humanitarian assistance; restriction of freedoms of speech, press,
assembly, association, religion, and movement; harassment of internally
displaced persons; restrictions on privacy; 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; trafficking in persons;
violence against ethnic minorities; denial of workers' rights; and
forced and child labor.
Except in rare cases, the government took no steps to prosecute or
punish officials in the security services and elsewhere in the
government who committed abuses. Security force impunity remained a
serious problem.
Rebels in Darfur and the Three Areas also committed abuses during
the year.
Section 1. Respect for the Integrity of the Person, Including Freedom
from:
a. Arbitrary or Unlawful Deprivation of Life.--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 conflicts
in Darfur and the Three Areas (see section 1.g.).
Security forces killed demonstrators. For example, on March 17,
police opened fire on students protesting at the University of El
Fasher in North Darfur, killing two, and dispersed others with tear
gas. The students were protesting the government ban on all campus
political activity.
On June 17, National Intelligence and Security Services (NISS)
agents abducted and reportedly killed a Darfuri University of Khartoum
student one day after he delivered a speech about the situation in
Darfur. On June 18, his body was discovered with signs of severe
torture. NISS authorities claimed he had been electrocuted at the
bakery where he worked; witnesses, however, stated that NISS
authorities had captured and tortured him.
In February 2010 NISS agents arrested University of Khartoum
student Mohamed Moussa Abdallah Bahr el Din. He was found dead the next
day; his body showed signs of torture. At year's end there were no new
developments in the case.
Authorities did not prosecute any police officers for the May 2010
killing of 17 and injuring of an estimated 200 during protests over a
North Darfur Ponzi scam. As of year's end, there were no new
developments.
b. Disappearance.--There were reports of politically and ethnically
motivated disappearances during the year in nonconflict areas.
In December armed elements in Khartoum, allegedly members of the
South Sudanese Democratic Militia/Athor, conducted a series of raids
against and kidnappings of at least 15 people of South Sudanese origin.
Some were kidnapped for ransom, and others were reportedly pressed into
the service of anti-South Sudanese government militias.
The whereabouts of an unknown number of Zaghawa Darfuris detained
in Khartoum following the Justice and Equality Movement's (JEM) attack
on Omdurman in 2008 remained unknown.
The government, as well as government-backed militias, were
responsible for the disappearance of civilians during the year (see
section 1.g.) in conflict areas.
Gunmen in Darfur abducted humanitarian workers and African Union--
United Nations Mission in Darfur (UNAMID) personnel; this included
criminal kidnappings for ransom and politically motivated kidnappings;
some cases mixed both motives (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.).
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.
Traditional customary law commonly was applied to convicted defendants.
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, some of those arrested in the late January and early
February antigovernment protests were subjected to torture and other
forms of mistreatment while in detention. Safia Isaq, a recently
graduated student allegedly involved in organizing protests through the
Girifna movement on Facebook, was arrested by NISS on a separate
occasion. Three security force members allegedly gang-raped her during
detention (see section 1.d.).
Public order laws, in force in Khartoum State only, prohibit
indecent dress, which is punishable by a maximum of 40 lashes, a fine,
or both. Authorities applied these laws more frequently against women
than men. They were applied to both Muslims and non-Muslims.
In December 2010 security forces arrested more than 44 persons,
mostly 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. As of year's end, there were no new developments.
Police and NISS officers forcibly dispersed protesters, which
resulted in serious injuries and deaths (see sections 1.a. and 2.b.).
Security forces and armed nonstate actors raped women, including in
connection with the conflicts in Darfur and the Three Areas (see
section 1.g.).
Prison and Detention Center Conditions.--Prison conditions
throughout the country remained harsh, overcrowded, and life
threatening. Health care often was below standard. Prisoners sometimes
relied on family or friends for food. Officials continued to deny
visits to prisoners arbitrarily.
The government mistreated some persons in custody. Security forces
held some political and nonpolitical 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. Generally, food, water, and sanitation were provided
for prisoners, although the quality of all three was basic. Families of
prisoners usually were allowed to supplement the meals of prisoners
with food from the outside.
Most prisoners did not have access to beds; in general prisoners
were provided with blankets in the winter. Ventilation and lighting
conditions differed between prisons, and law enforcement figures
reported that overcrowding was a problem.
There were reports of negligent deaths in prisons and pretrial
detention centers, but comprehensive figures were not readily
available.
On December 8 and 9, prisoners in El Fasher's Shala Prison rioted
in protest of scheduled executions of Liberation and Justice Movement
(LJM) and Justice and Equality Movement detainees. One prisoner was
killed and 10 injured before the rioting ended. The prisoners from LJM,
a movement that had signed a peace agreement with the government, were
subsequently moved to Kober Prison in Khartoum.
The Ministry of the Interior reported there were 20,000 total
prisoners, with 2,427 awaiting trial and 17,573 already sentenced.
Men and women were not held together. Incarcerated women reportedly
received better quality food than men. In Khartoum juveniles were not
held in adult prisons or jails but sometimes were held with adults
elsewhere in the country.
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. There
were locations in prisons for Islamic prayer but no dedicated areas for
Christian observance. Christian priests were sometimes allowed to hold
services in prisons, although access was not regular.
Authorities permitted prisoners, but not all detainees, to submit
complaints to judicial authorities without censorship and to request
investigation of credible allegations of inhumane conditions, which
authorities investigated and documented. 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, although it continued to deny unrestricted access.
The International Committee of the Red Cross did not have access to
government prisons during the year. The Ministry of Justice
occasionally granted UNAMID access to government prisons in the Darfur
area during the year.
Prison officials in Darfur participated in U.N. Development
Program-sponsored capacity-building training sessions during the year.
Rebel groups in Darfur periodically detained people they kidnapped
in isolated locations, but there were no reports of prisons run by
local warlords, paramilitary groups, or rebel forces.
d. Arbitrary Arrest or Detention.--The interim national
constitution prohibits arbitrary arrest and detention without charge;
however, the government continued to arrest and detain persons
arbitrarily, often under the National Security Act. Throughout the
country arbitrary arrests and detention were common, including of U.N.
employees.
For example, in January NISS agents arrested Hassan al-Turabi, head
of the opposition Popular Congress Party, and nine other party members
for calling on the government to carry out democratic reforms. All 10
were released in May without charge.
In January more than 100 persons, among them journalists,
opposition members, and students, were arrested during protests
inspired by events in Egypt and Tunisia. According to the U.N.' s
independent expert, most were released quickly after their arrests and
without charges. However, more than 30 were held for an extended period
after the protests and reportedly suffered abuse at the hands of
authorities. Most were released by late May.
In Darfur at least 29 Darfuris were arrested during the year and
remained in arbitrary detention. This number does not include 46
Darfuris arrested between 2008-10 who continued in detention. On July
12, the government released 25 Darfuri political prisoners after it
publicly stated it planned to release all political prisoners.
In August the wali of South Darfur granted amnesty to five sheikhs
from Kalma Camp who had taken shelter in a UNAMID Community Policing
Center inside the camp the prior year following a series of violent
clashes within the camp. The five sheikhs were accused of killing
supporters of the Doha peace process and faced death penalty charges.
The wali also announced the release of 72 prisoners and state pardons
for additional prisoners.
Role of the Police and Security Apparatus.--Several government
entities have responsibility for internal security, including the
police, NISS, Ministry of Interior, and Ministry of Defense. The NISS
maintains security officers in major towns and cities. The Ministry of
Interior 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 Arab militia,
operated in Darfur and elsewhere. The CRP also contains a number of
former Janjaweed fighters. In November the CRP attacked the western
section of the Zamzam internally displaced persons (IDP) camp in North
Darfur, killing one IDP and injuring eight others.
Security force impunity was a serious problem. The 2010 National
Security Act provides NISS officials with legal protection for acts
involving their official duties. Abuses by security forces generally
were not investigated. Security force corruption was a problem, and
security force members often supplemented their incomes by extorting
bribes.
On August 24, a military court tried three police officers accused
of physically assaulting a doctor at the police hospital. The military
court convicted both the three police officers and the doctor and
sentenced them to one month in prison.
During the year the government named a special prosecutor from the
Ministry of Justice to monitor NISS detentions. Nonetheless, the U.N.'
s independent expert remained concerned about weak judicial oversight
of NISS arrests and detention and the failure of the security service's
rules to take fully into account human rights principles and respect
for the rule of law.
Arrest Procedures and Treatment While in Detention.--Warrants are
not required for an arrest. The criminal procedure law permits
authorities to detain individuals for three days without charge, which
can be extended for 30 days by order of the NISS 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 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 an 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.
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.
Arbitrary Arrest.--The NISS, military intelligence, and Sudanese
Armed Forces (SAF) arbitrarily arrested and detained persons.
Authorities often detained persons for a few days before releasing them
without charge, but many persons were held much longer.
The Sudanese People's Liberation Movement--North (SPLM-N), whose
military arm was fighting the SAF in Southern Kordofan and Blue Nile
states, reported military and intelligence forces abducted numerous
civilian members of the movement during fighting in Blue Nile and
Southern Kordofan during the year. Human rights groups were not able to
verify most of these claims, although Human Rights Watch and Sudan-
based human rights activists confirmed the detention by national
security personnel in Damazin, Blue Nile, on September 2 of Abdelmoniem
Rahma, a well-known Sudanese writer, artist, activist, and former
adviser on cultural affairs to the governor of Blue Nile State. Rahma
remained in detention without charge at year's end. The SPLM-N
controlled swathes of territory in the two states and denied access to
human rights monitors. It was also accused of abducting civilians.
Pretrial Detention.--Lengthy pretrial detention was common. The
large numbers of detainees and judicial inefficiency, such as the
failure of judges to appear for court, resulted in trial delays. For
example, the individuals arrested for their association with Radio
Dabanga were held in pretrial detention from October 2010 until their
trial began on June 16. They were cleared of all charges in December.
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 and 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 held positions in the Ministry of Interior or
other ministries in the executive branch.
A state of emergency, which allows for arrest and detention without
trial, remained in place in Darfur and was extended to Blue Nile State.
The special courts from 2010 ceased to exist; however, the Ministry of
Justice appointed a series of three special prosecutors for Darfur
during the year.
The judiciary was inefficient and subject to corruption. In Darfur
judges were often absent from their posts, delaying trials. Access to
functioning courts was also a problem for residents in other remote
areas.
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 are usually closed.
Juries are not used. The law stipulates the government is obligated to
provide a lawyer for cases in which indigents are accused and for which
the punishment might exceed 10 years' imprisonment or possibly
execution. The accused can also request assistance through the legal
aid department at the Ministry of Justice or the Sudanese Bar
Association. 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, some defendants reportedly did not receive legal counsel, and
counsel in some cases could only advise the defendant and not address
the court. Persons in remote areas and in areas of conflict generally
did not have access to legal counsel. There were reports 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.
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, a 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, including 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.
Due to the long distances between court facilities and police
stations, local mediation was often the first resort to try to resolve
disputes. In some instances unofficial tribal courts operating outside
the official legal system decided cases. Such courts did not provide
the same protections as regular courts.
While Islamic jurisprudence strongly influences the law, in
domestic cases concerning Coptic Christians, such as divorce and other
family matters, courts often allowed a Coptic priest, particularly the
archbishop, to make the final ruling.
Political Prisoners and Detainees.--The government held hundreds of
political prisoners and detainees. Some political detainees were held
in isolated cells in regular prisons, and many were held without access
to family or medical treatment. Human rights organizations asserted
that the NISS ran ``ghost houses,'' where they detained opposition and
human rights figures without confirming they were in detention by the
state. Security forces detained without charge, tortured, and held
incommunicado political opponents. Detentions of such persons were
prolonged at times.
The government continued to arrest members and leadership of the
Popular Congress Party (PCP), SPLM-N, and other opposition parties.
On September 12, shortly after the nationwide ban of the SPLM-N and
following that party's public adoption of a regime change strategy in
conjunction with armed Darfuri groups, police officials raided the
house of prominent SPLM-N member Izdihar Guma. They arrested her and
her husband and held them for five hours. Upon her release authorities
put her under a travel ban limiting her movements to Khartoum.
Approximately 26 members of the SPLM-N's leadership remained in
detention at year's end. The NISS also confiscated SPLM-N property
countrywide.
The government detained persons who participated in political
protests.
The government severely restricted international humanitarian
organizations' access to political detainees. The government allowed
UNAMID extremely limited access to Darfuri political detainees in
Khartoum and Darfur.
Civil Judicial Procedures and Remedies.--Those seeking damages for
human rights violations had access to courts; however, the judiciary
was not independent. There were problems enforcing domestic court
orders.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The interim national constitution and law prohibit
such actions, but the government routinely violated these rights in
practice. Emergency laws in Darfur and Blue Nile State legalize
interference in privacy, family, home, and correspondence.
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.
By law 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 universally enforced. Non-Muslims may adopt only non-Muslim
children; no such restrictions apply to Muslim parents.
g. Use of Excessive Force and Other Abuses in Internal Conflicts.--
Darfur.--In Darfur fighting involving government forces, government-
aligned militias, rebel groups, and ethnic groups continued. These
groups killed, injured, and raped women and girls, used child soldiers,
and displaced civilians. Darfur rebel factions, bandits, and
unidentified assailants also killed, beat, and abducted civilians,
humanitarian workers, and personnel of UNAMID. Interethnic violence was
a severe problem and resulted in civilian deaths and displacement.
Clashes between the SAF, associated militias, and rebel forces, as
well as tribal fighting and violent criminality, led to the killing of
an estimated 939 people in Darfur during the year. In 2010, 2,321
confirmed killings occurred.
As a result of conflict, an estimated 1,945,000 civilians remained
internally displaced, and approximately 274,640 refugees remained in
Chad. According to U.N. estimates, as many as 70,000 persons were
displaced between January and October in Darfur by government and rebel
fighting as well as increased tribal violence. During the year the
Office of the U.N. High Commissioner for Refugees (UNHCR) verified
110,000 returns of IDPs and 30,000 refugees, mostly to areas in West
Darfur.
Fighting between government forces, irregular forces aligned with
the government, and rebel groups particularly affected the area of
Jebel Marra. In addition heavy fighting between government-supported
militias and ethnic Zaghawa rebels, sometimes affiliated with the Sudan
Liberation Movement/Minni Minnawi (SLM/MM), broke out in December 2010
and continued through May. Intercommunal violence continued during the
year in North and South Darfur. Conflicts in IDP camps also resulted in
deaths. Rape as well as recruitment of child soldiers continued to
occur.
Government forces provided support, including weapons and
ammunition, to government-aligned militias, and the government seldom
took action against soldiers or militia members who attacked civilians.
During the year the government began to provide weapons to African
tribes to fight other African tribes; in past years the government
primarily provided Arab tribes with weapons to fight against African
tribes. Rebel forces reportedly received financial support from foreign
sources during the year.
Fighting, insecurity, bureaucratic obstacles, and government and
rebel restrictions reduced the ability of peacekeepers and humanitarian
workers to access conflict-affected areas. Armed persons attacked,
killed, injured, and kidnapped peacekeepers and aid workers.
Humanitarian organizations often were not able to deliver humanitarian
assistance in conflict areas, particularly in Jebel Marra.
Although different national and international nongovernmental
organizations (NGOs) filled the void left when the government expelled
13 international and three local humanitarian NGOs in 2009, security
concerns and the Emergency Law, which gives the government the right to
search humanitarian workers and bar access to areas in conflict zones,
continued to hamper humanitarian intervention. Lack of access and fear
of government retribution reduced reporting on human rights violations,
especially sexual and gender-based violence, and humanitarian
situations during the year.
The government remained uncooperative with U.N. Security Council
Resolution 1593 and with execution of the International Criminal Court
(ICC) arrest warrants for President Bashir, Ahmad Muhammad Haroun, and
Ali Muhammad Abd al-Rahman. In December the ICC's chief prosecutor
requested the court issue a warrant for the arrest of Minister of
Defense Abdurrahman Hussein for war crimes and crimes against humanity,
stemming from his involvement in government efforts to suppress the
violence in Darfur when he served as minister of the interior and
special adviser to the president for Darfur. At year's end the court
had not issued the requested warrant.
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
committed during the 2007 attack on African Union peacekeepers at
Haskanita, included the following: In February 2010 the ICC dropped
charges against Abu Garda. In June 2010 Abdallah Banda and Saleh Jerbo,
in response to summonses, appeared before the ICC Pretrial Chamber I.
In November 2010 they waived their right to be present at the
confirmation of charges hearing, which took place in December of that
year. In March the ICC confirmed it would try Abdallah Banda and Saleh
Jerbo, and the trial began in April.
There were no developments regarding the recommendations of the
African Union High-Level Panel on the 2009 report on Darfur, 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.
The Three Areas.--The border region of Abyei was the site of
violence, widespread displacement, and human rights violations
throughout the interim period of the CPA. Abyei was scheduled to have a
referendum at the same time as South Sudan to determine if it would
join with a possible new independent South Sudan or remain a part of
Sudan. Disputes over who could vote in the referendum prevented it from
taking place. The Sudanese government stated the Misseriya, who migrate
yearly through Abyei from the North, should be eligible to participate,
while the government of South Sudan and the SPLM stressed the protocol
called only for Dinka Ngok and other residents, but not nomadic groups,
to vote. This delay in the referendum caused an increase in tensions
among ethnic groups in the area, and violence soon broke out between
the SAF and Sudan People's Liberation Army (SPLA). An estimated 110,000
people were displaced from the region, mostly into the South, and the
town of Abyei was largely destroyed and looted for the second time in
the interim period. On June 27, the U.N. Security Council unanimously
adopted Resolution 1990, establishing the U.N. Interim Status Force in
Abyei (UNISFA) and mandating the deployment of 4,200 Ethiopian
peacekeepers. By year's end UNISFA had fully deployed, with 3,653
troops on the ground. Ethiopian peacekeepers were carrying out the
force's primary task of protecting the civilian population and
establishing a safe and secure environment. Access to the Abyei area by
international organizations and observers was not a problem following
the deployment of UNISFA forces.
The U.N. reported arbitrary killings, disappearances, displacement,
and detentions in Abyei, although these reports dramatically decreased
after the deployment of UNISFA.
In June violence erupted in Southern Kordofan following the
opposition SPLM-N refusal to accept the results of a closely contested
election for state governor and government efforts to disarm elements
of the SPLM-N's forces. Both SAF and SPLM-N forces were accused of
targeting civilians and employing violence indiscriminately. According
to the U.N.' s Office for the Coordination of Humanitarian Affairs, the
fighting created 300,000 ``IDPs or Otherwise Severely Affected
Persons'' and 20,000 refugees from Southern Kordofan. The government of
Sudan denied international humanitarian organizations access to the
state, and international staff of NGOs operating there were expelled,
making monitoring and verification of human rights abuses difficult.
In September in Blue Nile State violence between the SAF and SPLM-N
flared. SPLM-N declarations of intent to overthrow the national
government and accusations the SPLM-N was receiving material support
from the government of South Sudan led to the dismissal of the pro-
SPLM-N governor and the imposition of a national ban on the SPLM. The
U.N. reported as many as 66,000 ``IDPs or Otherwise Severely Affected
Persons'' and 67,000 refugees from Blue Nile at year's end. Continued
denial of access for international humanitarian staff impeded reporting
and verification of events.
Killings.--In Darfur and the Three Areas, government forces and
government-aligned militias killed civilians, including by repeated
aerial bombardment of civilian areas. Ground attacks often followed
aerial bombardments. Rebel forces also killed civilians during attacks.
Attacks resulted in civilian displacement (see section 2.d.).
Violence in Jebel Marra--a mountainous area that reaches into each
of the Darfur states--killed and displaced numerous civilians. In
eastern Jebel Marra, government forces and Arab militias launched
offensives against rebel forces based in the mountains. In western
Jebel Marra, the government also launched aerial bombardment campaigns
against rebel-held towns.
Fighting between the SAF and rebel forces in eastern Jebel Marra
particularly affected Feina, Suni, Jawa, Golombai, and Fanga Suk
villages. In western Jebel Marra, the villages of Nertiti, Sortony,
Kaguro, and Rockero suffered from heavy fighting. In January the SAF
launched an aerial and ground offensive around Shangil Tobaya, North
Darfur, that caused deaths and large-scale civilian displacement. In
April and May, heavy fighting broke out between government forces and
rebels in the area around Muzbat and Um Baru, North Darfur,
traditionally held by the SLM/MM. Humanitarian organizations lacked
access to Jebel Marra, with the government permitting only brief day-
trips to certain areas, making it difficult to gather information on
the fighting's impact on civilians. UNAMID documented gender-based
violence in connection with the fighting in Jebel Marra.
There were numerous reports of aerial bombardments.
For example, on February 17, the government bombed Tukumare, North
Darfur, killing at least three civilians and injuring three others.
On April 10-12, the government launched numerous aerial bombardment
campaigns around Muzbat, North Darfur, followed by ground attacks.
From January to March, in South Darfur, fighting between government
and Sudan Liberation Army/Minni Minawi (SLA/MM) forces displaced tens
of thousands of persons from Khor Abeche and Shaeria. Negeha and
Jaghara villages, near Khor Abeche, were burned. Humanitarian staff was
denied access to Khor Abeche. In North Darfur, fighting between
government forces and rebel groups in Dar al-Salaam and Shangil Tobaya
continued from December 2010 through March, and sporadically afterward.
There were reports of civilian deaths, looting, and destruction of
civilian property during the fighting in both North and South Darfur.
On May 31, progovernment militia attacked the predominantly Zaghawa
town of Abu Zerega, North Darfur, and killed two civilians, looted
livestock, and took at least 14 civilians hostage. The hostages, with
their hands tied behind their backs, were taken to a field and
executed. During the government-led investigation that followed, one
Zaghawa resident of Abu Zerega who had been an eyewitness to the
looting and killings on May 31was reportedly taken out of his vehicle
and shot.
Inter- and intratribal conflict continued during the year, fueled
by growing competition for resources exacerbated by desertification and
population growth, the weakening of traditional mediation mechanisms,
and the proliferation of arms. However, inter-Arab fighting markedly
decreased during the year compared with a spike in incidents in 2010.
The U.N. reported that between January and October, intertribal
violence killed approximately 95 persons. This accounted for 11.5
percent of violence-related deaths in Darfur. According to U.N.
reports, fighting erupted in June between the Salamat and Habaniya
tribes in Buram, South Darfur. The Humanitarian Aid Commission (HAC)
confirmed 70 people were killed and an estimated 1,500 households were
displaced as a result of the clashes.
On August 5, a Sierra Leonean peacekeeper serving with UNAMID was
killed and a second was seriously injured when their car was ambushed
by four gunmen in Duma Village, northeast of Nyala, South Darfur.
On October 10, unidentified assailants ambushed a UNAMID patrol in
North Darfur's Zam Zam IDP camp. Two Rwandan soldiers, one Senegalese
police advisor, and one attacker died during the ensuing firefight.
In January government-backed Misseriya militia attacked police
positions near Maker, Abyei, leaving dozens dead. In February and
March, Misseriya militia continued to attack police and civilians in
Abyei, leaving as many as 154 dead.
Air raids resulted in civilian deaths throughout Southern Kordofan;
similar tactics appeared to be employed in Blue Nile. For example,
aerial bombardments occurred in Kadugli, Kauda, Dilling, Talodi, Um
Durein, and other parts of Southern Kordofan. During the week of
October 17, the U.N. reported nearly 2,000 refugees from Blue Nile
State fled to Ethiopia to escape aerial attacks by the SAF. They fled
bombings by Antonov planes on the towns of Bau, Sali, and Dinduro, all
located between Kurmuk and Damazin.
During the June fighting in Southern Kordofan, the U.N. reported
the SAF carried out shelling of densely populated areas. On June 8, SAF
soldiers pulled a contractor with the U.N. Mission in Sudan (UNMIS) out
of his vehicle in front of the UNMIS Kadugli compound. Soldiers
proceeded to remove him from the area, and soon thereafter witnesses
reported hearing gunshots and finding his corpse.
On May 19, SPLM forces attacked a U.N. convoy that was escorting
withdrawing SAF forces from Kadugli, resulting in loss of life among
the SAF forces.
The U.N. reported both the SAF and Sudan Peoples' Liberation Army-
North (SPLA-N) allegedly laid antipersonnel land mines in Kadugli,
resulting in civilian deaths.
Abductions.--Unidentified assailants also abducted U.N. personnel
in Darfur.
For example, on January 13, three Bulgarian U.N. pilots were
kidnapped in West Darfur; they were released on June 6.
Anger about the Doha peace accords also led to abuses. Rebel forces
outside of the process attacked those perceived to have collaborated
with the government.
On September 13, alleged members of SLA/Abdul Wahid (SLA/AW)
kidnapped Hawa Mohammed Arbab, a member of the West Darfur Legislative
Council who participated in the Doha negotiations. She was released on
October 20.
There were reports of several instances of forced disappearances in
the Southern Kordofan conflict.
Physical Abuse, Punishment, and Torture.--All parties to the
conflict in Darfur and in the Three Areas were accused of perpetrating
torture and other abuse. The government abused persons detained after
armed conflict as well as IDPs suspected of having links to rebel
groups. There were continued reports government security forces, both
pro- and antigovernment militias, and other armed persons raped women
and children.
Sexual and gender-based violence continued during the year
throughout Darfur. Authorities often obstructed access to justice for
rape victims. IDPs reported that perpetrators of such violence were
often government force members, militia members, or unidentified men.
Assailants assaulted, raped, threatened, shot, beat, and robbed women.
According to U.N. and Radio Dabanga reports, both state and
nonstate armed actors raped at least 115 Darfuri women between February
and December. This number did not include several mass rapes reported
by the U.N. and Radio Dabanga. In addition, two boys were reportedly
raped in North Darfur. The majority of victims identified their
perpetrators as belonging to government-affiliated militias.
There were multiple reports of IDPs being harassed, arrested, and
tortured by the NISS (also see section 2. d., IDPs), with UNAMID
documenting cases of abuse, arbitrary arrest, and torture by security
forces in Darfur, including the CRP.
Government officials were accused of employing torture and violent
tactics against civilians throughout the Southern Kordofan conflict.
For example, on June 20, a young woman of Nuban descent was
reportedly interrogated by police about her work with an international
NGO; police beat her with their fists, sticks, rubber hoses, and
electric cables. The U.N. confirmed her injuries shortly after the
attack.
On June 16, SAF personnel detained, interrogated, and subjected to
cruel and degrading treatment four U.N. Military Observers (UNMOs). The
U.N. reported that the UNMOs were lined up at gunpoint by an SAF
captain when an SAF major entered the room and ordered him not to
shoot.
Child Soldiers.--The Armed Forces Act prohibits the recruitment of
children and provides criminal penalties for perpetrators. However,
eyewitness reports indicated child soldiers remained with most of the
armed groups, including the SAF and Public Defense Forces, engaged in
conflict; the problem was especially serious in Darfur and Southern
Kordofan.
A U.N. report covering 2009 stated more than 14 Sudanese and
foreign armed forces and groups in Darfur recruited and used children,
especially 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 identify locations where child soldiers
operated, SLA/MM continued to use child soldiers. SLA/MM fighters
reportedly raided Zam Zam IDP camp from time to time to capture youth
allegedly involved in criminality and forcibly recruit them into the
armed movement. JEM also reportedly used child soldiers during the
year.
In June the general commander of the Sudan Liberation Movement--
Abdel Wahid (SLM/AW), Mohammed Adam Abdel Salam Tarada, again issued a
command prohibiting the use and recruitment 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. In June 2010 JEM signed an action plan with
UNICEF to end the use of child soldiers.
On September 13, the Sudan Disarmament, Demobilization, and
Reintegration (DDR) Program, in collaboration with the West Darfur DDR
Commission, UNICEF, and UNAMID launched a demobilization campaign in El
Geneina, West Darfur, with approximately 350 minor excombatants
participating. The former child soldiers come from the Justice and
Equality Movement/Peace Wing, Sudan Liberation Army/Mustafa Terab, and
the Liberation and Reform Movement.
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 Trafficking in Persons Report at
http://state.gov/j/tip.
Other Conflict-related Abuses.--All parties to the Darfur and Three
Areas conflicts obstructed the work of humanitarian organizations,
UNAMID, and UNMIS, increasing the displacement of civilians and abuse
of IDPs. Violence, insecurity, and the denial of visas and refusal of
access to international organizations reduced the ability of
humanitarian organizations to provide needed services.
Despite the 2007 joint communique between the government and the
U.N., government forces frequently harassed NGOs that received
international assistance, restricted or denied permission for
humanitarian assessments, refused to approve technical agreements,
changed procedures, copied NGO files, confiscated NGO property,
questioned humanitarian workers at length and monitored their personal
correspondence, delayed issuance of visas and travel permits,
restricted travel, and publicly accused humanitarian workers of aiding
rebel groups.
Darfur.--During the year Operation Spring Basket, a UNAMID
initiative in partnership with humanitarian organizations began, aimed
at increasing secure access for humanitarian workers to Jebel Marra and
areas of North Darfur previously inaccessible to them. The operation
produced mixed results, as the NISS often denied flight permission to
U.N. helicopters. Rebels also blocked access to areas under their
control.
For example, access to the Darfuri Kalma IDP camp was granted on a
case-by-case basis. On May 20, UNICEF staff were denied access while
other organizations such as Care International Switzerland and OXFAM
America were granted access the same month.
On February 10, security officials arrested 13 Medecins du Monde
(MDM) local staff working in eastern Jebel Marra. By August all the
employees were released. The government also expelled MDM from Darfur,
allegedly for reporting false information regarding the security and
humanitarian situations.
On May 6, a UNAMID national staff member was arrested allegedly for
proselytizing and being affiliated with the SLA/AW movement. She was
released on July 12.
Policy discrepancies between Darfur state-level and Humanitarian
Aid Commission (HAC) officials in Khartoum adversely affected
humanitarian operations.
The HAC continued to require that NGOs refrain from interviewing or
selecting staff unless they used a five-person government selection
panel with 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 and assets, including vehicles. Kidnappings and
attacks on humanitarian convoys continued during the year. Instability
forced many international aid organizations to reduce their operations
in Darfur.
The Three Areas.--Since June and September, respectively, the
government blocked access to Southern Kordofan and Blue Nile for
international aid organizations.
For example, in August a joint UN/Sudanese government mission to
assess the humanitarian situation and provide critical food aid to
displaced people arrived in Kadugli, but the Southern Kordofan governor
told the group to return to Khartoum before it could carry out its
mission. Since that time no international organizations have been
permitted to return to Southern Kordofan.
International aid organizations were similarly restricted from
providing aid in Blue Nile State.
The SAF reportedly carried out house-to-house searches, resulting
in arbitrary arrests and detentions.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--Status of 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 the NISS, continued to censor print and broadcast
media, arrest and torture journalists, and harass vocal critics of the
government. 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 government directly controlled radio and television and
required that both reflect government policies. Some foreign shortwave
radio broadcasts were available, and a private FM radio station
continued to operate. The government restricted U.N. radio. In addition
to domestic and satellite television services, there was a pay cable
network, which directly rebroadcast uncensored foreign news and other
programs.
Freedom of Press.--The constitution guarantees freedom of press but
newspapers, especially privately owned and pro-opposition ones, were
frequently subjected to measures to prevent them from reporting on
issues deemed sensitive by authorities. Those measures included direct
prepublication censorship, confiscation, legal proceedings, and denial
of state advertising. Confiscation, in particular, inflicted severe
financial damages on newspapers that were already hard-pressed due to
low circulation.
On September 28, the government closed the independent newspaper Al
Jarida for reporting on the Sudanese military presence in Abyei. The
government authorized its reopening in late December, but it had not
resumed publishing because the government-run National Publications
Council refused to approve the paper's requests for new editorial staff
hires.
On September 14, NISS agents confiscated copies of the
progovernment daily Akhbar Al-Yawm after it published statements by
Khalil Ibrahim, the then leader of the rebel JEM. Sudanese security
authorities instructed newspapers to refrain from reporting on
statements by or activities of rebel groups in the country.
Violence and Harassment.--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. Authorities continued to target aggressively journalists and
publications through contrived legal proceedings, politicized criminal
charges, and confiscations.
Journalists were subjected to arrest, harassment, intimidation, and
violence due to their reporting.
For example, on January 10, authorities in Khartoum detained two
journalists from Bar'ut, a weekly publication in eastern Sudan. The
journalists, Abouicha Kazem and Abdelgader Bakash, were accused of
attacking the constitution because they had discussed the idea of a
partition of the East of the country in the context of the referendum
on self-determination in the South. Both were released without charge
after three weeks.
Three journalists, Abuzar Al-Amin, Al-Tahir Abu Jawhara, and Ashraf
Abdelaziz, from the PCP-affiliated newspaper Rai-Al-Shaab, were
detained and charged with crimes against the state in May 2010.
Abdelaziz and Abu Jawhara were released on February 2 after serving
their one-year sentences (originally two years but reduced by an appeal
court). Al-Amin was released on bail on August 8 after serving one year
of his original five-year sentence and was facing the possibility of
life imprisonment or the death penalty on new charges including
criminal conspiracy, criminal offences, attacks on the state aimed at
undermining the constitutional system, and publishing false
information.
In October and November 2010, security forces arrested several
Darfuri activists and an individual who worked for Radio Dabanga.
Abdelrahman Adam, a freelance journalist detained since October 2010,
and three other persons, who denied being Radio Dabanga employees, were
detained for allegedly divulging state secrets, undermining the
constitutional system, calling for resistance, and inciting sedition.
They were later released, and charges were dropped in December.
The NISS also required journalists to provide personal information,
such as details on their tribe, political affiliation, and family.
The government selectively restricted international media. Some
foreign journalists were denied visas; others had regular access to
opposition politicians, rebels, and civil society advocates.
Internet Freedom.--The government monitored Internet
communications, and the NISS read e-mail messages between private
citizens. The National Telecommunications Corporation blocked some Web
sites and most proxy servers deemed offensive to public morality. While
there generally were no restrictions on access to news and information
Web sites, authorities regularly blocked access to YouTube. During the
2010 elections, the government blocked access to the Sudan Vote Monitor
Web site.
Academic Freedom and Cultural Events.--The government restricted
academic freedom. For public universities the government determined the
curriculum and appointed the vice chancellors, who were responsible for
administering the institutions. Some universities required students to
participate regularly in progovernment rallies and other activities,
and some professors exercised self-censorship. The government regularly
arrested student activists. Security forces used tear gas and other
heavy-handed tactics against peaceful protests occurring at
universities or involving university students.
Public Order Police continued to visibly monitor public gatherings
and cultural events, often intimidating women and girls, who feared
police would arrest them for ``indecent'' dress or actions.
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. In 2010 the National Elections Commission issued a
circular note requiring 72-hour prior notice for political rallies,
which it later reduced to 36 hours.
The government continued to deny permission to Islamic orders
associated with opposition political parties, particularly the Anwar
(Umma Party) and Khatmiya (Democratic Unionist Party), to hold large
gatherings in public spaces, but parties regularly held 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.
During protests in late January and early February, NISS officials
reportedly organized a fake burial for a student reported killed during
demonstrations. Officials then arrested at least 20 people who came to
the funeral.
Police use of excessive force to disperse demonstrators resulted in
deaths and injuries (see section 1.d.).
Authorities generally took no action against security force members
that used excessive force.
Freedom of Association.--The interim national constitution and law
provide for freedom of association, but the government severely
restricted this right in practice. The law effectively prohibits
political parties linked to armed opposition to the government. In
September the government closed SPLM-N offices in Khartoum and other
states and arrested several leaders; 16 other political parties were
also banned in September for having links with South Sudan. There were
approximately 52 registered political parties. The Umma Party,
Democratic Unionist Party, and Communist Party were not officially
registered with the government. The government continued to harass some
opposition leaders who spoke with foreign organizations or embassies.
c. Freedom of Religion.--See the Department of State's
International Religious Freedom Report at http://state.gov/j/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 government's encampment policy requires asylum seekers and
refugees to stay in 12 designated camps. The government did not allow
IDP camps to be established in Southern Kordofan and Blue Nile states.
The government impeded the work of the UNHCR and delayed full
approval of UNHCR activities, particularly in North and South Darfur,
the Three Areas, and eastern Sudan. 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 the government
continued to disregard international agreements and targeted refugees
and asylum seekers for abuse. Although the government permitted most
refugees from Eritrea and Ethiopia to remain in the country, there were
reports during the year that NISS agents forced some Eritrean refugees
back across the border before the HAC could process them.
In October the government reportedly handed over more than 300
Eritreans to the Eritrean military without screening them for refugee
status.
In-country Movement.--In Darfur the government and rebels
restricted the movement of citizens and U.N. and humanitarian
organization personnel (see section 1.g.).
While movement was generally unhindered for citizens outside
conflict areas, foreigners needed government permission for domestic
travel outside Khartoum, which was often difficult to obtain.
Foreigners must register with the police on entering the country,
obtain permission from the police to move more than 15.5 miles outside
Khartoum or from one city to another, and reregister at each new
location within three days of arrival.
The government delayed issuing humanitarian and diplomatic visas
and travel permits for Darfur to foreign NGO staff and denied access to
international staff during ongoing violence in the Three Areas.
Foreign Travel.--The government required citizens to obtain an exit
visa if they wished to depart the country. Issuance was usually pro
forma, and the government did not use the visa requirement to restrict
citizens' travel during the year.
Unlike in the previous year, the government did not restrict
persons from traveling outside of the country to attend conferences.
Exile.--The law prohibits forced exile, and the government did not
use it. However, opposition leaders and NGO activists remained in self-
imposed exile throughout northern Africa and Europe, and other
activists fled the country during the year.
Internally Displaced Persons (IDPs).--Large-scale displacement
continued to be a severe problem. There were an estimated 1,945,000
IDPs in Darfur, 1.5 million displaced South Sudanese, and 68,000 IDPs
in the East. In Blue Nile and Southern Kordofan there were 81,000 and
330,000 IDPs, respectively. Approximately 80 percent of the 130,000
people initially displaced in Blue Nile had returned home. There were
modest voluntary returns of IDPs in Darfur. An estimated 120,000
persons were displaced from Abyei, mostly into the South.
As of September there were 274,640 registered refugees from Darfur
in Chad. There was no complete breakdown of refugee populations from
Blue Nile and Southern Kordofan, but there were 85,000 refugees from
Sudan in the Maban area of South Sudan, while the total number of
refugees from Sudan in South Sudan was 102,900.
While in previous years the U.N. estimated there were approximately
2.7 million IDPs in Darfur, more recent data from the UNHCR indicated
the number of IDPs in Darfur to be 1.945 million. In the first half of
the year, the U.N. reported continued fighting between the government
and armed rebels caused the displacement of 70,000 new IDPs.
In West Darfur, humanitarian partners provided assistance to more
than 20,000 returnees. In 2011 the UNHCR verified 110,000 returns of
IDPs and 30,000 refugees, mostly to areas in West Darfur.
The total number of returnees, including spontaneous returnees, may
be much higher and was difficult to verify.
IDPs in Darfur faced major humanitarian needs. Although other
international humanitarian NGOs replaced 13 expelled by the government
in 2009, the delivery of humanitarian services continued to suffer from
logistical and security constraints.
During the year the World Food Program cut food distribution by
half in Darfur as it reassessed the number of IDPs requiring assistance
and found it was lower than previous estimates. The organization
reported no significant increase in malnutrition rates after the
reduction in distributions.
Government attempts to resettle IDPs were modest but generally
successful. There were no reports of forced resettlement, and a
significant number of IDPs resettled spontaneously.
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 (see section 1.g.). Some U.N. agencies successfully worked
with offices of Advisors on Women and Children to the Governor in
Darfur to raise awareness on the issue of sexual and gender-based
violence.
There were numerous reports of abuses committed by security forces,
rebels, and militias against IDPs, including rapes and beatings. Abuse
of IDPs by government forces and government backed-militias in the
Southern Kordofan conflict were reported.
For example, according to the U.N., on June 8, four armed men
entered an IDP area outside of the UNMIS perimeter in Kadugli.
Witnesses claimed the men abducted three IDPs from the area on
suspicion they were SPLM-N supporters.
On June 7, three IDPs who had been assisting UNMIS personnel to
load supplies were pulled out of a truck and beaten by SAF personnel. A
UNMIS staff member who attempted to intervene was threatened at
gunpoint by one of the soldiers.
Outside of IDP camps, insecurity restricted IDP freedom of
movement; women and girls who left the towns and camps risked sexual
violence. Insecurity within IDP camps was also a problem. Conflicts
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 the camps. The government
provided little assistance or protection to IDPs in Darfur. Most IDP
camps had no functioning police force. International observers noted
criminal gangs aligned with rebel groups operated openly in several IDP
camps and operated back and forth across the border with Chad.
In early June 10 people were killed in an internal conflict in
Hassahissa Camp after they were accused of being government agents
pretending to be SLA/AW supporters.
Similar politically motivated violence erupted in Hamidiya and
Hassahissa IDP camps in West Darfur in February, June, and 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. For example, Ibrahim Jallab Izairg, an
IDP activist from Hassahissa Camp, was arrested on May 8 after he met
with a foreign diplomat.
In September the government pardoned five sheikhs (tribal leaders)
from Kalma IDP Camp who were accused of instigating violence in the
camp in July 2010 that led to clashes between pro-Doha and anti-Doha
factions within the camp and the deaths of at least 35 people. The
sheikhs sought refuge at the UNAMID Community Policing Center in the
camp in July 2010; the government sentenced them to death in 2010 but
pardoned them in September after they spent more than a year in the
center.
Two IDPs who were arrested following a U.N. Security Council visit
to Darfur in October 2010 were released on July 13, following President
Bashir's decree to release all political prisoners.
Between one and 1.5 million IDPs lived in Khartoum State, many of
them in shantytowns rather than in the four formal camps. Many South
Sudanese IDPs in Sudan have lived in the country for decades, formed
families, and found mainly informal employment. At year's end Sudan and
South Sudan had not reached an agreement regarding the status of South
Sudanese in Sudan in the post-CPA period. At times government officials
made statements supporting the expulsion of South Sudanese and at other
times called for their protection.
Displaced South Sudanese in and around Khartoum were subject to
arrest, flogging, fines, warrantless searches, and imprisonment in
relation to prohibitions against alcohol. The government restricted
access to formal IDP camps around Khartoum.
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. According to the UNHCR, there
were an estimated 70,000 Eritrean and Ethiopian refugees in eastern
camps and another 26,000 in Khartoum.
In Southern Kordofan 73,000 people were displaced in the June and
July fighting. In Abyei approximately 110,000 were displaced, with many
crossing the border into South Sudan. (See section 1.g. for information
about abuse of IDPs in the Abyei, Southern Kordofan, and Blue Nile
conflicts.)
Protection of Refugees.--Access to Asylum.--The laws provide for
the granting of asylum or refugee status. The government granted asylum
to many 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. However, police
reportedly arrested more than 300 Eritreans attempting to reach Egypt.
Officials reportedly turned them over to Eritrean officials without
screening them or allowing them to request asylum.
Government officials routinely took up to three months to approve
refugee status.
Nonrefoulement.--In practice the government did not provide
protection against the expulsion or return of refugees to countries
where their lives or freedom would be threatened on account of their
race, religion, nationality, membership in a particular social group,
or political opinion.
Refugee Abuse.--Refugees were vulnerable to arbitrary arrest,
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.
Employment.--Refugees are entitled to work permits but in practice
rarely received them. A 2007 decree prohibits international NGOs from
hiring refugees.
Access to Basic Services.--Government-supervised primary education,
while not free, was available to IDP and refugee children in Khartoum
and in refugee camps outside Khartoum at a cost of 30 Sudanese pounds
(approximately $10 at official rates) per month.
Temporary Protection.--The government provided temporary protection
to individuals who might not qualify as refugees under the 1951 refugee
convention and the 1967 protocol.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
Sudan continued to operate under the CPA interim national
constitution, but with all references to the South removed. The interim
constitution provides citizens with the right to change their
government peacefully. Post-CPA provisions relating to this right
include those providing for a referendum on the status of Abyei and
popular consultations in Blue Nile and Southern Kordofan.
The CPA called for a referendum in January for South Sudanese to
vote either for unity with the country or secession, and for a
concurrent referendum to determine if Abyei would remain part of Sudan
or join South Sudan. The referendum for South Sudanese secession
concluded on schedule with an overwhelming majority voting for
separation in a process that international observers described as
peaceful and credible. The results of that referendum were implemented
on July 9 as the new Republic of South Sudan gained its independence--
the Republic of Sudan was the first to recognize the newly independent
country. Preparations for the Abyei referendum remained stalled due to
disagreement over voter eligibility and violence.
The last national- and state-level executive and legislative
elections were held in April 2010 but did not meet international
standards (see Elections and Political Participation below).
Sudan's executive leadership is made up of a three-member
presidency consisting of a president, first vice president, and second
vice president. President Omar Hassan al-Bashir, who won the election
in 2010, promoted Ali Osman Taha (National Congress Party, NCP) to the
position of first vice president in September and appointed El-Haj Adam
Yousif (NCP), a Darfuri, as the second vice president. The appointment
of Yousif came after the government signed the Doha Darfur Peace
Document, which contained the condition of a vice presidential
appointment from a Darfuri ethnic group.
The interim constitution also provides a formula for allocating
seats in the bicameral legislature (composed of a postsecession 340-
member National Assembly and 30-member Council of States) and cabinet
prior to the elections. The formula reserved 52 percent of the
positions for the NCP and 14 percent for northern opposition parties,
including those from Darfur.
Elections and Political Participation.--Following CPA guidelines,
the Southern Sudan Self-Determination Referendum was held from January
9 to15. Voters cast 3,851,994 ballots, reflecting almost 98 percent
registered voter turnout; 98.8 percent of voters chose secession for
the South. Observers reported the process was generally fair, despite
some logistical, procedural, and security problems. Turnout for the
referendum in the North was low due to distance from voting centers,
limited awareness the vote would occur, and ambiguity about the future
of Southerners in the North. Also a heightened security presence around
polling centers in northern Sudan may have dissuaded voters from
participation. On July 9, the South peacefully seceded from Sudan,
becoming the new country of South Sudan.
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 the consultations were to be
completed by July 8, prior to the secession of South Sudan. The
National Assembly extended this process on July 20. In Blue Nile the
first stage of consultations was held between January 14 and February 2
at more than 100 hearing centers across the state. Further stages of
the process, including review by the government in Khartoum, remained
stalled at year's end. In Southern Kordofan popular consultations
continued to be delayed as disputes remained over a census and due to
violence in the area.
Gubernatorial elections took place in Southern Kordofan from May 2
to 7. NCP candidate and ICC indictee Ahmed Haroun won the vote amid
allegations by the opposition SPLM of material irregularities.
According to foreign election observers, the vote was ``peaceful and
credible.'' However, they noted there existed a climate of insecurity
and tension, and there were irregularities including lapses in voter
identification procedures. The SPLM ultimately refused to accept the
outcome of the elections, and violence soon erupted between NCP and
SPLM supporters; popular consultations were not carried out.
The proposed Abyei referendum, designed to allow the region's
residents to vote to join South Sudan or remain unified with Sudan, was
derailed by violence in January and June. Concerned parties could not
agree on residency status for members of the nomadic Misseriya tribe--
who spend part of the year in Abyei--with Sudan supporting the right to
vote of the Misseriya and Southerners rejecting it. The referendum
process remained on hold.
Recent Elections.--The country's first multiparty national and
state-level executive and legislative elections in more than 24 years
occurred in 2010. The SPLM candidate for president of Sudan, Yasir
Arman, withdrew from the race just before the polling. The elections,
which several opposition parties boycotted, did not meet international
standards. 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. The conflict in Darfur
did not permit a tranquil 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 a foreign NGO, problems with counting and the
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 later government of South Sudan president) Salva
Kiir Mayardit (SPLM). Ali Osman Taha was reappointed to his position of
second vice president. After the secession of South Sudan, the post of
first vice president was vacant until Ali Osman Taha assumed it in
September. El-Haj Adam Yousif, an NCP member from South Darfur, was
appointed as the second vice president.
In the National Assembly, the NCP won 323 seats, the SPLM 99 seats,
and other parties and independents 24 seats; four constituencies were
vacant. NCP gubernatorial candidates won all elected governor posts in
Sudan with the exception of Blue Nile State, where the SPLM incumbent
won. However, immediately after the start of hostilities in Blue Nile
on September 1, Khartoum deposed the state's SPLM governor and
installed a temporary military government.
Observers noted numerous problems with the preelection environment.
The legal framework did not protect basic freedoms such as assembly,
speech, and press. 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 this resulted in disenfranchisement. Location
information for polling centers was not sufficiently clear. Many
centers did not open on time and received polling materials late.
Mistakes on ballots were a problem. Problems with safeguards at polling
centers included not following procedures pertaining to indelible ink,
voter identification, and ballot box seals. Observers also reported
intimidation and harassment. A video posted to the Internet shortly
after the elections showed what appeared to be a uniformed elections
official stuffing a sealed ballot container with paper. In Darfur
participation of IDPs in the election was low.
The vote tabulation process was seriously flawed. During vote
counting, officials did not follow proper procedures or properly
reconcile ballots counted with those received. Logistical problems
delayed the transport of materials such as ballot boxes and results
forms. Officials did not follow the electronic tabulation process,
which resulted in inability to verify results. Observers had difficulty
getting access to tabulation centers. Observers noted ``parallel
tabulation operations'' in Khartoum and South Darfur. In these cases
observers were able to access official centers, but there were other
places where access was denied while tabulation was underway.
Political Parties.--The NCP dominated the government. Authorities
impeded and monitored political party meetings and activities,
restricted political party demonstrations, used excessive force to
break them up, and arrested opposition party members. In September the
SPLM-N leadership called for the overthrow of the government and was
outlawed as a political party. Its offices in Khartoum and other states
were closed after the outbreak of violence in Blue Nile State. The
government confiscated party documents and property. In early September
at least 25 SPLM members were arrested, including an SPLM-N member of
Parliament, Ezdihar Goumaa. Following the suppression of the SPLM-N,
the government banned16 other political parties for representing
Southerners. At the end of the year, 26 SPLM-N employees remained in
detention, according to the party.
Participation of Women and Minorities.--Women have the right to
vote. The 2008 National Elections Law calls for 25 percent of the seats
in the national and state assemblies to be filled from state-level
women's lists. Women won 95 of the 340 seats in the National Assembly.
Women held five of 30 seats in the Council of States and seven of 66
cabinet positions in the newly formed government.
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. 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 are no laws providing for public access to government
information, and the government did not provide such access.
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. Workers of both domestic and
international human rights organizations were restricted and harassed.
The government harassed, arrested, beat, and prosecuted human
rights activists for their activities.
For example, on June 25, the NISS arrested Bushra Gamar Hussein
Rahma, a human rights activist from Southern Kordofan, in Omdurman.
From the time of his arrest, he was held incommunicado and denied
access to his family and his lawyer. At year's end Bushra remained in
prison without charge.
In December 2010 a court sentenced Mudawi Ibrahim Adam, former
director of the Sudan Social Development Organization, to one year in
prison and a fine of 3,000 Sudanese pounds ($1,000) for embezzlement.
He was previously acquitted of those charges in 2009, a finding that
the HAC appealed but regarding which it reportedly did not provide any
new evidence. Authorities released Mudawi in January.
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 workers 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
U.N. This included delaying the issuance of visas and travel permits to
humanitarian workers.
Government Human Rights Bodies.--The government's Advisory Council
for Human Rights did not respond to requests by international
organizations to investigate human rights violations and did not
provide lists of detained individuals to the international community.
The National Commission for Human Rights Act, purportedly created
by law in 2009, had not been established by year's end.
The government did not cooperate with the ICC (see section 1.g.).
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.
Women.--Rape and Domestic Violence.--The punishment for rape 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 made
public; however, observers thought sentences often were less than the
legal maximum. There was no information available on the number of
persons who were prosecuted, convicted, or punished for rape.
Rape of women and girls throughout the country, including in
Darfur, continued to be a serious problem (see section 1.g.).
Authorities often obstructed access to justice for rape victims.
By law, if a woman accuses a man of rape and fails to prove her
case, she may be tried for adultery. In practice victims sometimes
refused to report their cases to family or authorities due to fear they
would be punished or arrested for ``illegal pregnancy'' or 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.
Female Genital Mutilation (FGM).--See section 6, Children.
Sexual Harassment.--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.
There were frequent reports of sexual harassment by police in Darfur
and elsewhere.
Reproductive Rights.--Couples were able to decide freely on
reproductive issues. Contraception, skilled medical attendance during
childbirth, and obstetric and postpartum care were not always
accessible in rural areas. The U.N. Population Fund estimated the
maternal mortality rate at 750 deaths per 100,000 live births. Women
had equal access to diagnosis and treatment for sexually transmitted
diseases.
Discrimination.--The law discriminates against women, including
many traditional legal practices and certain provisions of Islamic
jurisprudence as interpreted and applied by the government. In
accordance with that interpretation, 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 is often much easier for men than
women to initiate legal divorce proceedings. In certain probate trials,
the testimony of women is not considered equivalent to that of men; the
testimony of two women is 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
among certain populations.
To obtain an exit visa, children must receive the permission of
both mother and father.
Various governmental bodies have decreed women must dress modestly
according to Islamic or cultural standards, including wearing a head
covering. However, women often appeared in public wearing trousers or
with their heads uncovered. In Khartoum persons known as Public Order
Police occasionally brought women before judges for allegedly violating
Islamic standards.
The Ministry of Social Welfare, Women, and Child Affairs was
responsible for matters pertaining to women.
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; for example,
more than half the professors at Khartoum University were women.
Children.--The interim national constitution states that persons
born to a Sudanese mother or father have the right to citizenship.
Although the interim constitution eliminated gender discrimination in
conferring nationality on children, the legal definition of
``responsible parent'' used in the July amendment to the 1994
nationality law remains the child's father. The term refers to a mother
only in cases where she has been granted sole legal custody. This
change means that a child of a Sudanese mother and South Sudanese
father could lose his or her Sudanese nationality. The law passed the
national legislature, and although the president failed to sign the law
within the mandated 30-day limit, the law passed de facto into force in
mid-August.
Birth Registration.--Most Sudanese newborns had access to birth
certificates, but some living in remote areas did not. Registered
midwives, dispensaries, clinics, and hospitals could issue
certificates. A Sudanese birth certificate does not automatically
qualify a child for citizenship.
Education.--The law provides for tuition-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.
Child Abuse.--Child abuse and abduction were widespread in conflict
areas. Criminal kidnapping of children for ransom was reported on
several occasions during the year.
Child Marriage.--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.
Harmful Traditional Practices.--Female genital mutilation remained
widespread. A 2010 Sudan Household Health Survey, the most recent
available, reported FGM incidence at 65.5 percent, a 5 percent decrease
from 2006. Ministry of Health bylaws prohibit FGM by physicians and
medical practitioners; however, midwives continued to perpetrate FGM.
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.
Sexual Exploitation of Children.--Child prostitution and
trafficking of children also remained problems. Penalties for offenses
related to child prostitution and trafficking varied and could include
imprisonment and/or fines.
There is no minimum age for consensual sex or a statutory rape law.
Pornography, including child pornography, is illegal.
Child Soldiers.--Armed groups continued to recruit and deploy child
soldiers in internal conflicts (see section 1.g.).
Displaced Children.--Internally displaced children often lacked
access to government services such as education.
Institutionalized Children.--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, schooling, and living conditions at
the camps generally were very basic. All 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.
International Child Abductions.--The country is not a party to the
1980 Hague Convention on the Civil Aspects of International Child
Abduction.
Anti-Semitism.--The Jewish community remained miniscule, 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.--See the Department of State's Trafficking
in Persons Report at http://state.gov/j/tip.
Persons With Disabilities.--While the law does not specifically
prohibit discrimination against persons with disabilities, it
stipulates ``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 prisoners with mental
disabilities were chained 24 hours a day if they were considered a
danger to themselves. Mentally disabled prisoners were not exempted
from trial, although their cases could be deferred during treatment.
National/Racial/Ethnic Minorities.--The population is a multiethnic
mix of more than 500 Arab and African tribes with numerous languages
and dialects. These designations are often self-identified, referring
to language and other cultural attributes. Northern Muslims
traditionally dominate the government. Interethnic fighting in Darfur
was between Muslims who considered themselves either Arab or non-Arab
and also between different Arab tribes.
The Muslim majority and the government continued to discriminate
against ethnic minorities in almost every aspect of society. Citizens
in Arabic-speaking areas who did not speak Arabic experienced
discrimination in education, employment, and other areas.
Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--The law prohibits sodomy,
which is punishable by death; however, there were no reports of
antisodomy laws being applied. There were no known lesbian, gay,
bisexual, or transgender (LGBT) organizations.
Official discrimination based on sexual orientation and gender
identity occurred. Societal discrimination against LGBT persons was
widespread. Vigilantes targeted suspected gay men and lesbians for
violent abuse, and there were public demonstrations against
homosexuality.
Other Societal Violence or Discrimination.--There was
discrimination against persons with HIV/AIDS. Social taboos about
discussing sex out of wedlock in a conservative society complicated the
work of activists and the international community to confront the
issue.
Promotion of 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. Freedom of Association and the Right to Collective Bargaining.--
The law provides for the right of association for economic and trade
union purposes. The 2010 Trade Union Act established a single national
trade union federation. The law allows workers to join independent
international unions, but in some cases their membership was not
officially recognized. Only the government-controlled SWTUF, which
consists of 25 state unions and 22 industry unions, can function
legally; all other unions were banned. The law requires all unions to
be under the umbrella of the Sudan Worker's Trade Union Federation
(SWTUF). 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.
The constitution grants unions the right to strike. Nonetheless,
the government restricted this right in practice. Some unions have
bylaws that self-restrict their right to strike. Specialized labor
courts adjudicated standard labor disputes, but the Ministry of Labor
has the authority to refer a dispute to compulsory arbitration.
Disputes can be referred to arbitration if this is stated in the work
contract.
The law does not prohibit antiunion discrimination by employers.
Labor laws apply to migrant workers with legal contracts and protect
all Sudanese, regardless of regional or tribal identity. In practice
migrant workers and some ethnic minorities suffered from
discrimination, lack of knowledge of their legal rights, and lacked
ready access to judicial remedies.
Courts exist to look into labor complaints; however, bureaucratic
steps mandated by law to resolve disputes within companies can be
lengthy in practice. In addition, court sessions can involve
significant delays and costs when appealing labor grievances.
There were credible reports that the government routinely
intervened to manipulate professional, trade union, and student union
elections.
For many years the International Trade Union Confederation (ITUC)
raised concern over the following issues: trade union monopoly
controlled by the government, denial of trade union rights in the
export processing zone, and nearly nonexistent collective bargaining.
The International Labor Organization expressed concern in a 2011 report
over allegations of the ``brutal and fatal repression of workers in the
oil sector, who demanded improved working conditions.''
According to ITUC, in the oil-producing regions, police and secret
service agents, in collusion with oil companies, closely monitored
workers' activities. In addition, the government-controlled SWTUF was
used as part of the government's strategy to control workers to ensure
a regular flow of oil. However, there were no reports of murder,
arrests, threats, or unfair dismissal of union leaders and members by
government or employers during the year.
b. Prohibition of Forced or Compulsory Labor.--The law prohibits
all forms of forced or compulsory labor, including by children. In
practice enforcement proved challenging in rural areas and areas
undergoing conflict.
Although the government continued to deny that slavery and forced
labor existed in the country, the government's Committee for
Eradication of Abduction of Women and Children (CEAWC)--which ceased
operations in August 2010--stated that up to 10,700 South Sudanese,
Rizegat, and Misseriya abductees from the Second Sudanese Civil War
possibly remained in captivity in Southern Kordofan and parts of
greater Bahr al Ghazal. It was not clear to what extent those abductees
were involved in forced labor.
While noting the government's statement that after the end of the
civil war abductions had stopped completely, the International Labor
Organization's (ILO) Conference Committee on the Observation of
Standards reported in 2011 that there was no verifiable evidence that
forced labor had been completely eradicated in practice.
The ILO continued to urge the government to address continuing
violations in certain regions in which ``victims are forced to perform
work for which they have not offered themselves voluntarily, under
extremely harsh conditions, and combined with ill treatment which may
include torture and death.'' The ILO also expressed concern over the
lack of accountability of perpetrators and sufficient victim
rehabilitation measures.
Representatives of the Eritrean community in Khartoum stated
undocumented Eritreans in the capital were subject to abusive work
conditions. They also reported that many undocumented workers did not
report abuse out of fear that authorities might deport them back to
Eritrea due to their illegal status.
The forcible recruitment of persons into armed groups continued
(see section 1.g.).
The government stated it investigated and prosecuted cases of
forced labor during the year but did not compile comprehensive
statistics on the subject.
Also see the Department of State's Trafficking in Persons Report at
http://state.gov/j/tip.
c. Prohibition of Child Labor and Minimum Age for Employment.--The
interim national constitution mandates protection of children from
exploitation. The Child Act of 2010 defines children as persons younger
than 18; however, the act does not explicitly prohibit child labor. The
labor law does not clearly define the age for child labor, but its
provisions suggest that 12 years is the minimum age for employment. The
Ministry of Social Welfare, Women, and Child Affairs is responsible for
enforcing child labor laws.
The law forbids the employment of young persons in hazardous
industries and jobs, or in jobs requiring significant physical effort
or that are harmful to their morals. The law also forbids the
employment of young persons between 8 p.m. and 6 a.m., although
authorities may exempt young persons between the ages of 15 and 16 from
this restriction. It is illegal to employ children under the age of 12,
except in state vocational training schools and training workshops and
jobs performed under apprenticeship contracts. Work that is supervised
by family members and does not include nonfamily members, such as on
family farms, is also excluded from these provisions.
The law allows minors to work for seven hours a day broken by a
period of one paid hour of rest. It is illegal to make a young person
work more than four consecutive hours, work overtime, or work during
weekly periods of rest or on official holidays. To waive, postpone, or
reduce annual leave entitlements is also prohibited. However, the
government did not always effectively enforce such laws.
Child labor was a serious problem, particularly in the agricultural
sector where the practice was common. Most child labor occurred in the
informal sector and in menial jobs that the government lacked the
resources to monitor comprehensively. Children were engaged in shining
shoes, washing and fixing cars, collecting medical and other resalable
waste, street vending, begging, agricultural work, construction, and
other menial labor.
The use of child soldiers and child trafficking were problems.
d. Acceptable Conditions of Work.--The minimum wage set by the High
Council of Salary in the Ministry of Cabinet Affairs is 265 Sudanese
pounds (approximately $90) per month for the public sector. The minimum
salary in the private sector is set by agreement between individual
industries in the private sector and the High Council of Salary, and it
varies among industries.
The law limits the workweek to 40 hours (five eight-hour days,
which does not include a 30 minute to one hour daily break), with days
of rest on Friday and Saturday. Overtime should not exceed 12 hours per
week or four hours per day. There is no prohibition on excessive
compulsory overtime.
The laws also prescribe occupational safety and health standards.
The right of workers to remove themselves from dangerous work
situations without loss of employment is not recognized. Any industrial
company with between 30 and 150 employees must have an industrial
safety officer; any company over that size should have an industrial
safety committee that includes management and employees. Committees and
officers are supposed to report safety incidents to the Ministry of
Labor. The law requires that the owner of an industrial company must
inform workers of occupational hazards and provide means for protection
against such hazards. Management is also required to take necessary
precautions to protect workers against industrial accidents and
occupational diseases. Some heavy industry and artisanal mining
operations were reported to not have sufficient safety regulations.
The above-mentioned safety laws do not apply to domestic servants
as defined by the 1955 Domestic Servants Act; agricultural workers
other than those employed in the operation, repair, and maintenance of
agricultural machinery, enterprises that process or market agricultural
products such as cotton gins or dairy product factories, or jobs
related to the administration of agricultural projects including office
work, accountancy, storage, gardening, and livestock husbandry; family
members of the employee who live with the employee and who are
completely or partially dependant on him for their living; and casual
workers.
The Ministry of Labor, which maintained field offices in most major
cities, is responsible for enforcing these standards. There were
various types of labor inspectors, including specialists on labor
relations, labor conflicts, vocational/health practices, and
recruitment practices. They operated on both federal and state levels.
However, these standards were not effectively enforced in practice.
Although employers generally respected the minimum wage law in the
formal sector, in the informal sector wages could be significantly
below the official rate. Since enforcement by the Ministry of Labor was
minimal, working conditions generally were poor.
__________
SWAZILAND
executive summary
Swaziland is an absolute monarchy. King Mswati III and Queen Mother
Ntombi, the king's mother who rules as his co-monarch, have ultimate
authority over the cabinet, legislature, and judiciary. There is a
prime minister and partially elected parliament, but political power
remained largely with the king and his traditional advisors.
International observers concluded that parliamentary elections held in
2008 did not meet international standards. Security forces reported to
civilian authorities.
In 2011 citizens remained unable to change their government. The
three main human rights abuses were police use of excessive force,
including use of torture and beatings; a breakdown of the judiciary
system and judicial independence; and discrimination and abuse of women
and children.
Other significant human rights problems included extrajudicial
killings by security forces; arbitrary arrests and lengthy pretrial
detention; arbitrary interference with privacy and home; restrictions
on freedom of speech, assembly, and association; prohibitions on
political activity and harassment of political activists; trafficking
in persons; societal discrimination against members of the lesbian,
gay, bisexual, and transgender (LGBT) community; harassment of labor
leaders; restrictions on worker rights; child labor; and mob violence.
In general, perpetrators acted with impunity, and the government
took few or no steps to prosecute or punish officials who committed
abuses.
Section 1. Respect for the Integrity of the Person, Including Freedom
from:
a. Arbitrary or Unlawful Deprivation of Life.--During the year
there were several reports that the government or its agents committed
arbitrary or unlawful killings. On May 17 the Times of Swaziland
reported that members of the Royal Swaziland Police Service (RSPS) shot
and killed Mathendele Mantfonsi in a remote forest in the Lomahasha
area, near the Mozambique border, where he was tending his marijuana
field. Police argued the shooting was in self defense as Mantfonsi
attempted to resist arrest after being caught engaging in illegal
activity. According to the RSPS, investigations in the case have been
completed and the report will be sent to the Directorate of Public
Prosecutions (DPP).
On January 29, Mbongeni Masuku was dragged from his car by police
officers and shot in the head. RSPS spokesperson Superintendent Wendy
Hleta told reporters that Masuku was resisting arrest. Masuku's family,
present at the time of the shooting, said Masuku knew the police
officers and had been threatened by them. According to the RSPS, the
case remained under active investigation.
On March 4, authorities announced the results of the investigation
of the death of Sipho Jele, who died in May 2010 while in custody at
Sidwashini Prison. A government-appointed coroner stated Jele's death
was a suicide. Civil society groups questioned the validity of the
finding and impartiality of the coroner, a former police officer. Jele
died in police custody three days after being arrested for wearing a T-
shirt from the banned political group People's United Democratic
Movement of Swaziland (PUDEMO).
According to the RSPS, cases of unlawful killing were investigated
in line with the policy of investigating a case if a complaint is
received, and referred to the Director of Public Prosecutions as
appropriate. At year's end several cases were under investigation, but
no officers had been prosecuted.
During the year there were reports of killings by community police,
who are volunteers with arrest authority operating under the
supervision of chiefs in rural areas and of local civil authorities in
urban centers.
For example, on June 18, community police reportedly tortured and
eventually killed Mxolisi Masuku, whom they accused of housebreaking
and poultry theft. Masuku was allegedly a well-known member of a local
gang notorious for causing trouble in the community. After the killing,
community police burned Masuku's body.
Authorities had begun to take some action against community police
who commit abuses.
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, and some officers were brought to court on
charges, but no convictions or 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 over the head.
On January 1, police beat an 18-year-old pregnant woman who had
been brought to a police station by her father on suspicion that she
had aborted an earlier pregnancy. According to the victim, who was
interviewed by the Center for Human Rights and Development, a Swazi
nongovernmental organization (NGO), she was forced to undress in front
of a male police officer and then two officers, one male and one
female, assaulted her with a knife. The victim claimed that, during the
incident, one officer sat on her stomach while the other covered her
face with a plastic bag. According to the RSPS, investigation continued
at year's end.
On March 9, 12 high school students were called individually into
the school's staff room, where they were allegedly beaten by police
with the approval, and in the presence, of school officials. The
students were being investigated on suspicion they were ringleaders of
a school boycott that had taken place the previous week. Students
suffered injuries during the interrogation and sought medical
assistance from Mkhuzweni Health Center.
On September 7, police assaulted Swazi activists, including
prominent members of local labor unions, after a rally in Siteki. Civil
society activists sustained injuries when police forcibly disbanded the
public gathering to prevent members of the Congress of South African
Trade Unions from addressing the crowd.
Police forcibly dispersed demonstrators, resulting in injuries (see
section 2.b.).
According to the RSPS, abuse cases were investigated in line with
the policy of investigating a case if a complaint is received, and
referred to the director of public prosecutions as appropriate. At
year's end several cases were under investigation, but no officers had
been prosecuted.
There were credible reports of use of excessive force by community
police during the year.
For example, on March 23, during an investigation of a house break-
in and theft, community police of Mahlanya tortured Ndumiso Dlamini.
Dlamini was told to remove his clothes and had his head submerged in
water during interrogation.
On July 29, community police brutally beat Kitso Dlamini until he
lost consciousness. After the beating, Dlamini suffered memory loss and
at year's end, still often spoke incoherently.
In some cases, authorities took action against community police who
committed abuses. Three community police officers--George Simelane,
Sibusiso Mnisi, and Sikhumbuzo Dube--were sentenced to 15 months in
prison after assaulting a burglar, Vusi Mavuso, in Manzini. A local
magistrate sentenced the three, saying they did not have a right to
beat the victim but only to apprehend a suspect and turn the individual
over to the RSPS. In October the RSPS offered a three-day workshop to
educate community police as to their roles and responsibilities in
preventing crime and apprehending suspects. Community police were
trained on how to apprehend suspects and warned against using excessive
force.
Prison and Detention Center Conditions.--Prison and detention
center conditions varied. Some facilities were overcrowded with
generally poor living conditions, while other facilities were modern,
and prisoners there were treated professionally.
The government permitted limited independent monitoring of prison
conditions by local human rights groups. Media were not allowed inside
prisons. Statistics released by the Correctional Services in May
revealed there were an estimated 3,000 inmates and an additional 764
awaiting trial. Female inmates constituted 2.6 percent of the adult
prison population and male inmates 97.4 percent. Correctional Services
provided free formal education to juveniles while in jail, along with
instruction in various trade skills to adult inmates. Inmates also
engaged in agriculture and animal husbandry projects.
In prisons women were held separately from men and juveniles from
adults; however, there were reports that women and men were detained
together in jails after arrest, due to space constraints. Juveniles
attend Correctional Services schools. The Correctional Services bureau
was short staffed, with one warder per approximately 30 inmates.
Correctional Services was also in need of psychologists, nutritionists,
dieticians, and social workers to provide appropriate care and
counseling for inmates.
Overcrowding in some prisons was a problem, exposing inmates and
officers to diseases and infections such as tuberculosis, HIV/AIDS, and
hepatitis. There were allegations of rape in prisons. Facilities were
of mixed quality. While some were old and dilapidated, others were
newer and well maintained. Independent monitoring groups found it
difficult to secure access to prison facilities during the year, and
none issued public reports during the year. International officials and
NGOs working on programs to fight HIV were permitted entry to prisons
and detention centers, although sometimes with difficulty.
Prisoners and detainees had reasonable access to visitors.
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, generally could not access inmates. Authorities
investigated allegations of inhuman conditions and documented results
of such investigations, but the reports were never made public.
Ministry of Justice officials visited prison and detention centers
during the year.
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 May 14, approximately 10 union members from the
Swaziland National Union of Teachers (SNAT), the Swaziland Federation
of Trade Unions (SFTU), and the Swaziland Federation of Labor (SFL)
were detained by armed police after holding a union meeting. The police
declared the meeting illegal because no permission was sought from
their office to hold such a meeting; however, there is no such legal
requirement.
In the days leading up to the ``April 12 Uprising''--several days
of planned protest actions by unions, teachers, students, and political
parties--police used heavy-handed intimidation tactics, including
arbitrary searches and detentions. For example, on April 12, police
picked up several activists gathered in a square in Manzini and took
them to a local police station for questioning. Following the
questioning, police loaded them into two military trucks and deposited
them in a remote rural area.
Role of the Police and Security Apparatus.--The king is the
commander in chief of the Umbutfo Swaziland Defense Force (USDF), holds
the position of minister of defense, and is the commander of the police
and Correctional Services. He presides over a civilian principal
secretary of defense and a commanding general. Approximately 40 percent
of the government's workforce was assigned to security.
The RSPS, under the authority of the prime minister, is responsible
for maintaining internal security. The USDF, which reports to the king
in his capacity as defense minister, is responsible for external
security but also has domestic security responsibilities, including
protecting members of the royal family and patrolling the borders. The
principal secretary of defense and the army commander are responsible
for day-to-day USDF operations. The Correctional Services are
responsible for the protection, holding, and rehabilitation of
convicted persons and keeping order within Correctional Services'
institutions. However, they also routinely worked alongside police
during protests and demonstrations. The RSPS, USDF, and Correctional
Services were generally professional; however, members of all three
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 its findings to the public. When
specifically approached for information on abuses, RSPS officials were
cooperative. Police academy training for new recruits included human
rights components in line with regional standards. Some officers
attended additional training programs that included a human rights
component.
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, when it did, it often happened after suspects
were subjected to ill treatment.
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 the
prescribed period. In general, detainees were informed promptly 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.
Lengthy pretrial detention was common. As of May pretrial detainees
constituted an estimated 20 percent of the prison population. A
judicial crisis beginning in July exacerbated the problem (see section
1.e.). Judicial inefficiency and staff shortages also contributed to
the problem, as did the police practice of prolonging detention to
collect evidence and prevent detainees from influencing witnesses.
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. Traditional courts are not
supposed to try cases involving non-Swazis, but in practice did hear
cases involving nationals of other countries.
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 and often took cases not properly investigated to these
traditional courts because the standard of evidence required for
conviction was not as high as in the western-style courts. 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.
Chief Justice Michael Ramodibedi, a Lesotho national, sparked the
onset of a judicial crisis when, on June 28, he unilaterally suspended
High Court Judge Thomas Masuku, accusing him of a dozen instances of
misconduct, including insulting the king in a judicial opinion.
Ramodibedi's initiation of disciplinary action over a judicial opinion
offered by a colleague immediately called into question the judiciary's
independence. The chief justice further undermined judicial
independence when, in collusion with the court registrar, he began
interfering with court administration. In protest of the chief
justice's actions, the kingdom's lawyers filed complaints against him
and initiated a boycott of the courts. Members of the International
Commission of Jurists visited the kingdom and, in a series of public
and private meetings, decried Ramodibedi's actions as unconstitutional
and demonstrating a lack of judicial independence. Prime Minister
Barnabas Sibusiso Dlamini supported Ramodibedi throughout the crisis.
Even though he acted outside his constitutional authority in
unilaterally suspending Masuku, in August the chief justice held a
disciplinary hearing for Masuku in which he acted as plaintiff,
prosecutor, and judge. Although the constitution stipulates that, if a
chief justice is party to a disciplinary action, he must recuse himself
from that case, Ramodibedi presided over the hearing. He refused
Masuku's requests that the hearing be public and he be allowed to
present oral evidence or call witnesses. In a September 27 legal
notice, King Mswati III fired Masuku for ``serious misbehavior.''
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, 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.
In September, while the kingdom's attorneys were boycotting courts,
Chief Justice Ramodibedi ordered magistrates to hear cases in the
absence of counsel. In one case before the Industrial Court, Ramodibedi
dismissed an appeal when attorneys for neither side appeared.
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 240 emalangeni ($34.50) and prison
sentences of up to 12 months. However, there were reported cases in
which traditional courts exceeded their legal jurisdiction in passing
sentences on accused persons.
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 do not comply with civil laws,
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 March 4, authorities stated
the death of political prisoner Sipho Jele, who died while in custody,
was a suicide; however, civil society groups claimed the finding was
not impartial (see section 1.a.). There were no reports of other
political prisoners during the year.
Civil Judicial Procedures and Remedies.--The judiciary 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
delay might cause evidence to be lost.
During the year police conducted random checks for irregular
immigrants, weapons, stolen vehicles, and evidence of other criminal
activities through roadblocks and searches in homes. Police also
entered homes and businesses and conducted searches without judicial
authorization.
Police conducted physical surveillance of members of labor unions,
political groups, religious groups, and others. For example, on April
13, police escorted Muzi Mhlanga, secretary general of the SNAT, to his
house, detained him there for seven hours, and confiscated his cell
phone. On April 14, as he was leaving the country for a meeting in
Zimbabwe, officers escorted him from Mbabane to Matsapha to ensure he
did not communicate with any of the SNAT leadership.
In 2008 the government designated 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 are subject to
arrest and prison terms of 25 years to life.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--Status of Freedom of Speech and
Press.--The constitution provides for freedom of speech and press, but
the king may deny 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 broadcast media remains firmly in state control. There are two
state-owned radio stations and one private station, owned by a
Christian group. The majority of Swazis get their news from radio
broadcasts. There are two Swazi television stations, one of which is
state owned. Despite invitations issued by the existing regulator for
parties to apply for licenses, no new licenses have been awarded. The
content of broadcasts is censored as evidenced by the stations' refusal
to broadcast anything that is perceived as critical of government or
the monarchy. The king may suspend the constitutional right to free
expression at his discretion, and the government severely restricted
freedom of expression, especially regarding political issues or the
royal family. Individuals and their family members who criticized the
monarchy risked exclusion from the traditional regiments' (chiefdom-
based groupings of males dedicated to serving the king) patronage
system that distributed scholarships, land, and other benefits.
Swazi officials discouraged press freedom in public statements.
For example, on June 13, Prime Minister Dlamini told the media to
stop broadcasting or writing about a land scandal in which he and five
cabinet ministers were implicated. After a months-long debate over the
sale of government land to the six ministers, at steeply ``discounted''
prices, the king pronounced the matter closed and said no one should
speak of it further. Reiterating the monarch's pronouncement, the prime
minister said that media should cease covering the scandal; the media
complied.
On September 15, during the last day of a series of meetings aimed
at promoting national dialogue, King Mswati III asked local journalists
why they always reported negatively on issues in the country and
accused media of being ``part of the problem'' instead of offering
solutions. According to the state-owned Swazi Observer, the king said
he expects the media to ``change its ways and come out of this dialogue
with a new will to support national initiatives.''
Daily newspapers criticized government corruption and inefficiency
but generally avoided criticizing the royal family.
Violence and Harassment.--Journalists continued to be harassed
during the year. For example, on June 22, police detained one
journalist for nine and a half hours, searched his home, and accused
him of possessing ``highly seditious'' documents--downloads from a blog
by a British academic that discussed royal expenditures. The
journalist, who works for a South African newspaper and is one of very
few Swazi reporters who openly criticizes the government and the
monarch, indicated that the police, who were in possession of a search
warrant, took down his passport number and told him not to leave the
country.
Internet Freedom.--There were no official government restrictions
on access to the Internet. For the most part, individuals and groups
could engage in the peaceful expression of views via the Internet,
including by e-mail. Nevertheless, there were reports that the
government monitored e-mail, Facebook, and Internet chat rooms, and
that police were bugging certain individuals' telephones.
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. For example, professors at the University of
Swaziland were requested by university administration to prevent
certain academicians from speaking at workshops to which they had been
invited. The professors objected on grounds of academic freedom but
were forced to alter the program.
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 and a permit from the municipal council to hold
political meetings, marches, or demonstrations in a public place.
Authorities routinely attempted to prevent meetings and demonstrations
by withholding consent or taking civil society leaders to court. On
several occasions, the Industrial Court upheld the right to freedom of
assembly and allowed demonstrations to take place. However, when
demonstrations did take place, Swazi security officials were deployed
in force, on occasion outnumbering protesters.
From September 5-9, civil society groups representing labor unions,
students, teachers, school administration, and political parties held
protest marches in urban areas around the country. The government
attempted to prevent the marches by taking labor unions to court. The
Industrial Court, however, upheld the right to freedom of assembly, and
the protest action proceeded. During the first two days marchers
adhered to agreed-upon routes, and security forces acted with
restraint. On the third day, however, violence erupted in Mbabane when
protesters threw bottles at police and corrections officers, who used
tear gas to disperse the crowd and beat several students with batons.
In the days leading up to the ``April 12 uprising'' --a series of
planned demonstrations in commemoration of the day, in 1973, that King
Sobhuza II announced the decree that abrogated the independence
constitution and banned political parties--police, correctional
services officers, and soldiers established roadblocks throughout the
country, and security forces detained numerous activists in an attempt
to prevent the demonstration. On April 12 and 13, soldiers used
excessive force, tear gas, water cannons, preventive detentions,
roadblocks, house searches, curfews, and physical intimidation to quash
the protests.
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 of 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 designated PUDEMO,
SWAYOCO, the SSN, and UMBANE as ``specified entities'' under the
Suppression of Terrorism Act. The act provides that persons 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.--See the Department of State's
International Religious Freedom Report at http://state.gov/j/drl/irf/
rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution provides for freedom
of movement within the country, foreign travel, emigration, and
repatriation, and the government generally respected these rights in
practice. 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 their chiefdoms, 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.
Protection of Refugees.--Access to Asylum.--Laws provide for the
granting of asylum or refugee status, and the government has
established a system for providing protection to refugees. 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 U.N. High Commissioner
for Refugees and other humanitarian organizations in providing
protection and minimal assistance to refugees and asylum seekers.
Swaziland hosted an estimated 800 refugees, the majority from the Great
Lakes region of Africa and Somalia.
Durable Solutions.--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 data 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 unable to register, to contest elections, or
otherwise participate in the formation of a government. In February the
attorney general, Majahenkaba Dlamini, dismissed claims that parties
were ``banned.'' He said that the 1973 decree that banned political
parties is superseded by the kingdom's constitution, and that political
parties can exist because no law specifically bans their existence. 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. Although the constitution requires the
king to consult with others (usually a traditional council) before
making a major decision, he is not required to accept their advice.
Elections and Political Participation.--Recent Elections.--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 the elections did
not meet international standards. 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.
During the year the Elections and Boundaries Commission (EBC),
whose mandate is to ``ensure that elections are properly managed on
behalf of the electorate,'' began preparations for the next round of
elections, scheduled to be held in 2013. According to the EBC chairman,
Chief Gija S.G. Dlamini, the commission was reviewing draft legislation
to update existing electoral laws.
Political Parties.--According to the government, when the current
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 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
traditional authorities often denied them permission to meet.
The constitution also states that candidates for public office must
compete on their individual merit, thereby effectively blocking
competition based on political party affiliation.
The government harassed and detained opposition members.
For example, on April 12 and 13, Mario Masuku, leader of the banned
political party PUDEMO, was detained in his home to prevent his
participation in demonstrations planned to commemorate the day on
which, in 1973, King Sobhuza II issued the decree banning the operation
of political parties.
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, a fact that provoked land disputes,
especially at the time of burials.
Participation of Women and Minorities.--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.
The house had not nominated these members by year's end.
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 from
being 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 minority members in the government. The
constitution provides that other appointees should represent
``interests, including marginalized groups not already adequately
represented in the House.'' However, most officials were from the royal
Dlamini family or connected with royalty.
Section 4. Official Corruption and Government Transparency
The law provides criminal penalties for official corruption;
however, the government did not implement the law effectively, and
officials sometimes engaged in corrupt practices with impunity. There
was a widespread public perception of corruption in the executive and
legislative branches of government and a general consensus that the
government was doing little to combat it.
In October Minister of Finance Majozi Sithole reiterated his
earlier statement that an estimated 80 million emalangeni ($11.52
million) in potential government revenue was lost each month due to
corruption. The Anticorruption Commission, funded by the Ministry of
Justice, is charged with fighting corruption by carrying out education
and prevention programs as well as by investigating cases. It has the
power to investigate cases, gather evidence, and arrest individuals for
failure to respond to ACC requests. During the year it recorded 249
complaints of corruption. After completing investigations, the ACC
referred 18 cases to the director of public prosecutions, two of which
resulted in convictions. Several cases were pending in the court
system, and two cases were dismissed for lack of evidence.
The ACC conducted dozens of sensitization workshops and meetings
around the country, provided educational materials for schools, and
appeared on numerous radio and television shows. One ACC representative
acknowledged a widespread public perception that the ACC is ineffective
and described the commission as being in ``start up'' mode despite
being established in 2008; a fact largely attributable to a lack of
financial and human resources 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 a person's relationship with government officials.
Authorities rarely took action when incidents of nepotism were
reported.
For example, on September 18, the Times of Swaziland reported that
the Ministry of Tinkhundla (Local Administration) entered into a deal
for three million emalangeni ($432,276) to lease office equipment that
should have cost approximately one million emalangeni ($144,092). The
minister of tinkhundla reportedly violated procurement regulations when
he unilaterally awarded the contract for office supplies without the
approval of the Tender Board, a statutory body responsible for approval
of government procurement. The prime minister promised to institute a
forensic investigation of all tenders issued by the Ministry of
Tinkhundla. By the end of the year, the investigation had been
completed but the report awaited review and adoption by Parliament.
In May 2010 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 fraud. The four men were released on 50,000
emalangeni ($7,204) bail each. On November 28, Dlamini pled guilty to
and was convicted of defrauding the Swazi government of more than 12
million emalangeni ($1.7 million) and, at year's end, awaited
sentencing.
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 Commission on Human Rights and Public
Administration. According to the commission, the majority of those
required to declare assets and liabilities did so. The commission
suspected underreporting in a number of cases. The commission has not
made this information public.
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 rarely were responsive to their views. 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.
U.N. and Other International Bodies.--The government generally
cooperated with international organizations and permitted visits by
U.N. representatives. However, in May the government did not meet with
visiting officials from international NGO Human Rights Watch (HRW).
Staff from HRW were told that officials were busy and not in a position
to meet with them.
Government Human Rights Bodies.--In 2009 the government established
the Commission on Human Rights and Public Administration. Since its
establishment, the commission has received 26 complaints, seven of
which it resolved - mainly through alternative dispute resolution.
Nineteen complaints remained pending. The commission remained nearly
powerless due to lack of funding and enabling legislation. The
commission consisted of one commissioner and five deputy commissioners,
although one of the deputies has been acting commissioner since
September 14. It had no full-time staff. The commission is precluded
from investigating any matter ``relating to the exercise of any royal
prerogative by the Crown.'' A number of local NGOs, including Women and
Law in Southern Africa, expressed concerns regarding the location of
the commission's offices within the vicinity of royal residences--an
area which women in mourning attire and in pants may not enter,
according to custom and tradition.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution prohibits discrimination based on race, gender,
disability, age, ethnicity, religion, political opinion, or social
status; however, the government did not consistently enforce the law.
Women.--Rape and Domestic Violence.--The law criminalizes rape;
however, no law specifically addresses spousal rape. Rape was common,
and the government did not always enforce the law effectively.
According to the Swaziland Action Group Against Abuse (SWAGAA), one in
three Swazi women between the ages of 13 and 24 has been the victim of
sexual violence. Many men regarded rape as a minor offense. According
to the 2010 RSPS Annual Report, 617 rape cases were reported in 2010,
but there were no data available on the number of prosecutions,
convictions, or punishment. The number of reported cases is likely far
lower than the number of actual cases. 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.
In November 2010 Minister of Sports, Youth, and Culture Hlob'sile
Ndlovu reportedly said during a parliamentary session that when women
say ``do not touch me,'' they actually mean ``touch me further.'' When
called upon to retract her statement, the minister refused.
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 2008 survey 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;
however, there were no data available on the number of cases,
prosecutions, convictions, or punishments.
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, which use Roman-Dutch-based law, to convict
men of spousal abuse. The Roman-Dutch legal system often gave light
sentences in cases of conviction for abuse against women. SWAGAA has
hotlines and shelters to assist victims of abuse.
Sexual Harassment.--Legal provisions against sexual harassment were
vague, and government enforcement was ineffective; no cases have ever
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. Some teachers threatened
students with poor grades if they did not provide sexual favors to
them.
Reproductive Rights.--The government upheld 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. 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. Skilled attendance during
childbirth, including essential obstetric and postpartum care, was
estimated at 69 percent but was limited in rural areas. A 2011 U.N.
Fund for Population report indicated the maternal mortality rate was
420 per 100,000 live births; the proportion of maternal deaths due to
HIV/AIDS was 75 percent in 2008. An estimated 47 percent of girls and
women ages15-49 used a modern method of contraception in 2010.
Discrimination.--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.
In February 2010 the High Court overturned section 16(3) of the
Deeds Registry Act, which prohibited women from registering property in
their own names. In May 2010 the Supreme Court amended the High Court's
ruling but maintained its finding that the law was unconstitutional and
stated 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. At
year's end the law remained unchanged.
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 exercised the right to fine women for wearing pants
in their constituencies.
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, tradition dictates that the widow must remain at her
husband's family's residence in observance of a strict mourning period
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 three 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. Women in mourning attire generally
were not allowed to participate in public events and were barred from
interacting with royalty or entering royal premises.
In November 2010 a woman was assaulted by a group of men
identifying themselves as members of the ``water party,'' a group of
men who are commissioned by royalty to traverse the country ahead of
the annual incwala ceremony, after she refused to pay a fine for
wearing slacks.
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.--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 16 percent of the
population.
Education.--Despite a constitutional mandate that children be
provided tuition-free primary education by 2009, the government had not
completely complied. In addition students' families must pay for
uniforms and other supplies. The government claimed it could not afford
to enact tuition-free primary education immediately; however, after a
2009 lawsuit brought by the Ex-Miners' Association to obtain the
benefit on behalf of the country's children, the government began to
implement the mandate gradually and offered tuition-free primary
education through grade three. The Office of the Deputy Prime Minister
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.--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. Most sexual assaults on girls occurred at home; fewer than half
of sexual assaults were reported. Children with disabilities, children
out of school, and orphans were at particular risk. According to a
recent report by the Swaziland Violence Surveillance System, at least
2,619 children were reported abused from January to June this year.
Punishment for child abuse was minimal, and even perpetrators of abuse
that resulted in death were generally fined no more than 200 emalangeni
($29).
On September 12, NGOs Family Life Association of Swaziland (FLAS)
and Save the Children raised concerns about virginity testing for young
girls. In the lead-up to the Umhlanga, or Reed Dance, an annual
celebration in which tens of thousands of girls pay homage to the queen
mother and celebrate chastity, an organization called Liphupho Lendlovu
reportedly conducted virginity testing on more than 40 girls. In a
joint statement, FLAS and Save the Children called the practice,''
humiliating, degrading, and a gross violation of the fundamental rights
of children and girls to privacy and bodily integrity.'' Liphupho
Lendlovu called this year's testing a pilot program and vowed to
continue the testing next year.
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 age 16, and six strokes to students older than 16;
however, teachers often exceeded these limits with impunity.
At the end of March pupils at Mpofu High School boycotted classes
in protest of what they viewed as excessive corporal punishment. On
March 31, students told the Swazi Observer they are made to lie on a
bench and strip naked from the waist down so that blows can be
administered to the bare flesh.
Child Marriage.--The legal age of marriage is 18 for both men and
women. However, with parental consent and approval from the minister of
justice, girls can marry at 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 13.
Critics of the royal family said the king's many wives and young
fiancees, some of whom were 16years old, set a poor example in a
country with an HIV/AIDS prevalence rate of 26 percent among persons
between 15 and 49 years of age.
On August 17, the Swazi Observer reported that on August 12, an 18-
year-old girl from Herefords, in the Hhohho Region, was forced to enter
into a customary ``kuteka'' marriage with a high school teacher.
Sexual Exploitation of Children.--Minors were victims of
prostitution and trafficking, and girls, particularly OVCs, were
victims of commercial sexual exploitation, including at truck stops and
in bars and brothels.
No law specifically prohibits child prostitution. Penalties for
child pornography are six months' imprisonment and a fine of 100
emalangeni ($14.50). The law sets the age of sexual consent at 16 and
prohibits the sexual exploitation of children under age 18, which is
considered statutory rape. The penalty for statutory rape is six years'
imprisonment and a fine of 1,000 emalangeni ($145). 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. However, the government
failed to pay school fees for orphans and vulnerable children,
resulting in protest marches and petitions from school principals
against the government.
With more than 4,000 child-headed households in the kingdom, UNICEF
supported school feeding programs, operated a number of neighborhood
care points, and provided nutritional support to children weakened by
AIDS.
International Child Abductions.--The country is not a party to the
1980 Hague Convention on the Civil Aspects of International Child
Abduction.
Anti-Semitism.--The Jewish community is very small, and there were
no reports of anti-Semitic acts.
Trafficking in Persons.--See the Department of State's Trafficking
in Persons Report at http://state.gov/j/tip.
Persons With Disabilities.--The constitution provides for the
rights of persons with disabilities, but it does not differentiate
between physical and mental disabilities and requires parliament to
enact relevant implementing legislation, which parliament has not done.
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
complained of government neglect. No law mandates 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 transportation was not user friendly for disabled persons, and
the government does not provide any means of alternative accessible
transport.
The Office of the Deputy Prime Minister and its Department of
Social Welfare are responsible for protecting the rights of persons
with disabilities.
On February 11, the Swazi Observer reported that police officers
turned away Shadrack Nyaka, a person with disabilities who had come to
register a charge of assault against his landlord. According to police,
Nyaka was turned away because he could not speak, and police could not
understand him since there are no sign language experts in the police
stations.
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. 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 nonethnic Swazis, generally white persons and persons of mixed
race. Although there were no official statistics, an estimated 2
percent of the population was nonethnic Swazi. Nonethnic 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 orientation and gender identity. Colonial-era
legislation against sodomy remains on the books; however, it has not
been used to arrest gay men. Gay men 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 same-sex sexual conduct as neither Swazi nor Christian.
Societal discrimination exists against gay men and lesbians, and LGBT
advocacy organizations had trouble registering with the government. One
such organization, House of Pride, was affiliated with another
organization dealing with HIV/AIDS. It is difficult to know the extent
of employment discrimination based on sexual orientation because
victims are not likely to come forward, and most gay men and lesbians
are not open about their sexual orientation.
Other Societal Violence or Discrimination.--Vigilante violence
continued and in some cases resulted in deaths.
For example, on February 9, two men stabbed a woman suspected of
witchcraft, two days after a ``prophet'' hired by the community had
claimed she was responsible for killing some members of the community
through ``muti'' or witchcraft.
On April 19, a mob demolished a house in Malkerns, alleging their
son was a gangster and had been terrorizing the area, committing crimes
including murder and robbery.
There was social stigma associated with being HIV positive, a fact
that discouraged persons from being tested. Nevertheless, there were
often long lines, especially of young persons, waiting to be tested
during prevention campaigns. The armed forces encouraged testing and
did not discriminate against those testing positive.
On February 15, at the Mbabane Government Hospital, an HIV-positive
woman lost her baby during childbirth after being neglected by nurses
claiming that her complaints of labor pains were as a result of her HIV
status.
There was social stigma attached to albinism. Several people with
albinism stated they were discriminated against, called names, and were
at risk of being killed for ritual purposes. The government condemned
such acts but took no further action.
Section 7. Worker Rights.--a. Freedom of Association and the Right to
Collective Bargaining
The constitution and law provide that workers have the right to
form and join independent unions, conduct legal strikes, and bargain
collectively. However, these rights are either restricted or strictly
regulated. The Industrial Relations Act of 2000 as amended governs
employee and employer organizations. The law explicitly provides for
the registration of unions and federations but grants far-reaching
powers to the labor commissioner with respect to determining
eligibility for registration. 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. Unions and
federations are prohibited from carrying out political activities or
activities that may be interpreted as political. Employees in essential
services, which included police and security forces, correctional
services, firefighting, health, and many civil service positions, may
not form unions. There were extensive provisions allowing workers to
seek redress for alleged wrongful dismissal.
The law allows unions to conduct their activities without
government interference, and prohibits antiunion discrimination.
However, the 1973 Decree/State of Emergency Proclamation and the 1963
Public Order Act were reportedly used to interfere with trade unions'
affairs or to repress trade unions' lawful and peaceful activities
during the year.
The law permits strikes; however, the right to strike was strictly
regulated. Strikes and lock-outs are prohibited in essential services,
while the minister has the power to modify the list of these essential
services, which provides for broad prohibition on strikes in
nonessential sectors, including posts, telephone, telegraph, radio, and
teaching. The logistical requirements involved in registering a legal
strike makes striking difficult in practice. 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. The law imposes
disproportionately harsh sanctions for damages caused by strike
actions. For example, the trade union faces civil liability and
criminal liability for any damage caused and other ``unlawful
behavior'' during strikes.
The constitution and law provide for the right to organize and
bargain collectively; however, the right is subject to various legal
restrictions. The law requires that for a union to be authorized to
exercise collective bargaining rights, it must first represent more
than 50 percent of the workers. The law provides for the registration
of collective agreements by the Industrial Tribunal, which is empowered
to refuse registration if the agreements do not take into account the
instructions on wages and wage levels published by the government. The
Industrial Relations Act (as amended) confers on the commissioner of
labor or labor inspectors the power to ``intervene'' in labor disputes
before being reported to the commission, if there is reason to believe
that they could have serious consequences for the employers, the
workers, or the economy if not resolved promptly.
The government did not effectively enforce these laws. In practice
workers who attempted to exercise the rights to organize and bargain
collectively faced difficulties or risks due to a harsh legal
environment imposed by many provisions in the labor and the security
laws. Correctional Services staff continued to be denied the right to
collective bargaining, and there were reportedly problems in the
banking sector with respect to such right. There were reports of acts
of antiunion discrimination in the textile sector.
Government interference in union affairs has consistently been an
issue under examination by the International Labor Organization (ILO),
particularly those unions in the public service. The International
Trade Union Confederation reported that trade union activities
continued to be repressed in Swaziland. Repeated arbitrary arrests,
intimidation, and beatings were reportedly used to silence activists.
Union leaders and members of the SFTU were arrested several times
during the year.
In the days leading up to the ``April 12 Uprising''--several days
of planned protest actions by unions, teachers, students, and political
parties--police used heavy-handed intimidation tactics, including
arbitrary searches and detentions. On April 12, police picked up
several activists gathered in a square in Manzini and took them to a
local police station for questioning. Following the questioning, police
loaded them into two military trucks and deposited them in a remote
rural area.
On May 14, police briefly detained approximately 10 union members
from the SNAT, SFTU, and SFL unions after the detainees held a union
meeting in Siteki. The police declared the meeting illegal because no
permission was sought from their office to hold such a meeting;
however, there is no such legal requirement.
On September 19 and 20, commuters including pupils in Mbabane and
Manzini were left stranded when transport operators, including drivers
and their assistants, engaged in strike action. In Manzini the
demonstration turned violent with protesters burning tires and throwing
stones at police. Some businesses were forced to close. According to
the RSPS, during the skirmish 10 police officers were seriously
injured.
On October 31, labor organizations decided not to proceed with a
planned protest related to the country's ongoing judicial and fiscal
crises when the kingdom's Industrial Court ruled they needed first to
work through the national Labor Advisory Board. Having agreed to
postpone the protest marches, labor instead organized a prayer vigil
for the same evening at a local primary school. When unionists arrived
at the school, they were turned away by local authorities and told that
they would not be allowed to use the school as they had not secured
prior permission to use the premises. The labor leadership moved the
gathering to a local church but were met there by Swazi police who said
that they could not allow the vigil to take place.
During the year there were allegations that employers used labor
brokers to hire individuals on contracts to avoid hiring those who
would normally be entitled to collective bargaining rights. There are
no laws governing the operation of labor brokers.
Antiunion discrimination continued to occur. Workers frequently
invoked the antiunion discrimination and reinstatement provisions
during the year. 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.
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 textile and apparel
industry.
b. Prohibition of Forced or Compulsory Labor.--The constitution and
law prohibit forced or compulsory labor; however, there were reports
that such practices occurred. The ILO and the SFTU characterized the
1998 Administrative Order, Act No. 6 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.
Although the High Court had declared the order null and void, the
government did not officially repeal it as recommended by the ILO,
stating the order was automatically overridden by the constitution.
Victims of forced labor included women and children forced into
domestic servitude, agricultural labor, herding livestock, portering,
and market vending.
Also see the Department of State's Trafficking in Persons Report at
http://state.gov/j/tip.
c. Prohibition of Child Labor and Minimum Age for Employment.--The
constitution and the Employment Act prohibit child labor; however, such
laws were not effectively enforced, especially outside the formal work
sector, and child labor was a problem. The law prohibits hiring a child
younger than age 15 in an industrial undertaking, except in cases where
only family members were employed in the firm, or in technical schools
where children worked under supervision. However, children joined the
workforce early to survive or support their families. The law limits
the number of night hours 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 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 servitude was 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 reportedly
worked 14-hour days in textile factories.
Children's exploitation in illicit activities was a problem.
Children served alcohol in liquor outlets and grow, manufacture, and
sell drugs.
The Ministry of Labor, the Office of the Deputy Prime Minister
through the National Children's Coordination Unit and Department of
Social Welfare, and the RSPS are responsible for enforcement of laws
relating to child labor. The government's effectiveness in combating
child labor was limited, however, due to a lack of baseline information
about the scope of the problem and a lack of dedicated resources for
identifying and punishing violators. 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.
Also see the Department of Labor's Findings on the Worst Forms of
Child Labor at http://dol.gov/ilab/programs/ocft/tda.htm.
d. 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 531.6 emalangeni ($76.50), for an unskilled worker 420
emalangeni ($60.50), and for a skilled worker 600 emalangeni ($86.50).
An estimated 69 percent of the population lives below the poverty line
of 57 emalangeni ($7.80) and 104 emalangeni ($14.32) per month for
rural and urban areas respectively.
There was a standard 48-hour workweek for most workers and a 72-
hour workweek for security guards; however, public transportation
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. 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.
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.
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. All workers
in the formal sector, including migrant workers, are covered by the
wage law.
The labor commissioner conducted inspections in the formal sector
but was hampered, by budgetary constraints, to meet its goals in terms
of number of inspections and to fully enforce standards in all sectors.
Wage arrears, particularly in the garment industry, were a problem.
The minimum wage laws did not apply to the informal sector, where many
workers were employed.
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 Labor Commissioner's Office conducted few safety inspections
because of staffing shortages.
The Ministry of Health revealed that HIV/AIDS prevalence among
female factory workers led to staffing shortages. As all standards are
voluntary and there is no centralized quality assurance function, there
were no credible records to identify sectors in which violation of the
OSH standards occurred.
According to the Times of Swaziland, preliminary findings of a
study of workers in Matsapha found 50 percent to be HIV positive.
Female workers complained they felt obligated to engage in risky sexual
behavior--mostly having multiple, concurrent partners who provide extra
cash or in-kind assistance.
__________
TANZANIA
executive summary
The United Republic of Tanzania 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,
Jakaya Kikwete, 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 in October 2010 in which
voters on Tanzania mainland and Zanzibar elected a union president and
their respective representatives in the union legislature.
In Zanzibar, where past elections were marked by violence and
widespread irregularities, the 2010 elections proceeded peacefully
after a power-sharing agreement was reached between the ruling Chama
cha Mapinduzi (CCM) party and the opposition Civic United Front (CUF).
The Zanzibar electorate chose Ali Mohamed Shein, the immediate past
union vice president, as president of Zanzibar and also elected members
of its House of Representatives. The union and Zanzibar elections were
judged to be largely free and fair. Union security forces reported to
civilian authorities, but there were instances in which elements of the
security forces acted independently of civilian control.
The three most widespread and systemic human rights issues in the
country were the use of excessive force by police, prison guards, and
military personnel, which resulted in deaths and injuries; harsh and
life threatening prison conditions; and mob violence.
Other human rights problems included restrictions on freedoms of
press and assembly; some limitations on religious freedom, primarily in
Zanzibar; restrictions on the movement of refugees; official
corruption, including judicial corruption and inefficiency,
particularly in the lower courts; societal violence against women and
persons with albinism; child abuse, including female genital mutilation
(FGM); and discrimination based on sexual orientation. Trafficking in
persons, both internal and international, as well as child labor were
problems.
In some cases the government took steps to prosecute those who
committed abuses, but impunity also existed.
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.
Nongovernmental organizations (NGOs) and local news agencies documented
several cases of police officers mistreating, beating, and causing the
deaths of civilians.
A researcher with the Legal and Human Rights Center (LHRC)
announced at the launch of its biannual report that police brutality
and extra judicial killings were on the rise. By December a total of 25
persons were killed and more than 40 were injured at the hands of
police and other security officers.
For example, on January 5, police officers shot and killed two
persons during an antigovernment protest in the Arusha region. The
Party of Democracy and Development (CHADEMA) opposition party organized
the protest to dispute the results of the Arusha mayoral elections.
Arusha Regional Police Commander Tobias Andengenye confirmed the deaths
and stated that nine persons were injured, including three police
officers. Police arrested 13 senior CHADEMA officials for inciting the
violence. CHADEMA objected that the case was politically motivated. At
year's end the case was pending in court.
In May police shot and killed at least five and possibly as many as
seven persons attempting to invade African Barrick's gold mine in North
Mara, leading to demonstrations in which a number of journalists and
opposition party politicians were arrested. Authorities took no action
against those responsible for the killings.
Reports continued concerning police and private security force
shootings of trespassers in corporate gold mining areas near Lake
Victoria. On February 5, the LHRC reported that game rangers and
wardens shot and killed poacher Mohamed Suta in the Selous Game Park
and injured Hamisi Rashid. Rashid was subsequently unable to identify
the suspects in a lineup of the rangers and wardens. At year's end the
investigations into the shooting and killing continued.
There were no further developments in the following 2010 shooting
deaths by police: the January killing of Swetu Fundikira, the March
death of Musa Juma,--both of which took place in police custody--and
the April killing of Ndekirwa Palangyo.
b. Disappearance.--Unlike in the previous year, there was at least
one report of a politically motivated disappearance.
On September 3, the Daily News, a government newspaper, reported
the disappearance of human rights activist Eustace Nyarugenda, who
disappeared for eight days from his home in the district of Bariadi,
Shinyanga region, before a travelling herdsman found him drugged.
Police were investigating the incident, but his abduction reportedly
was connected to his work on theft and urban crime.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution and law prohibit such practices, but
there were reports that police officers, prison guards, and soldiers
who abused, threatened, and otherwise mistreated civilians, suspected
criminals, and prisoners faced limited accountability. The abuse most
commonly involved beatings.
For example, in March Eliasi John of the Temeke region complained
that a police officer injected acid into his eyes causing permanent
blindness. John claimed that the officer arrested him at a pub, tied
him up at a nearby police station, and injected the solution into his
eyes. Police later took John to Temeke District Court on charges of
robbery. John, who claimed innocence, stated that the court ignored his
allegation that he was tortured.
On April 4, in a visit to express concern to the office of
Inspector General of Police (IGP) about the increase in extrajudicial
killings, police brutality, and protracted investigations, the LHRC
Monitoring Union made specific reference to the case of Eliasi John.
The IGP forwarded the complaint to the Attorney General's Office for
further action.
According to human rights activist Christopher Lilai of Nachingwea
district in Lindi region, a police officer beat Ally Ahmed when he was
caught trying to attend a soccer match without paying, until he lost
consciousness and required hospitalization. Lilai reported the incident
in his blog on May 14 and posted pictures of Ahmed unconscious.
Local government officials and courts occasionally used caning as a
punishment for both juvenile and adult offenders. For example, in
January the Bukoba district magistrate ordered the deportation of John
Maitiland, a British citizen, after immigration authorities determined
that he was in the country unlawfully. Before deportation the court
ordered Maitiland to pay a fine of 80,000 TZS (Tanzanian shillings)
($50) and subjected him to 10 strokes of the cane.
On June 4, on the mainland, the Sumbawanga District Court sentenced
Polikalipo Mwisua to 30 years in prison and 24 strokes of the cane for
raping a 12-year-old schoolgirl.
On August 23, the Arusha Resident Magistrate's Court finalized a
second autopsy report on Juma Lissu, who died in the Arusha Central
Police remand prison in 2009. Lissu's wife told human rights activists
that police officers beat her husband at their house and took him to
the police office, where he died the next day. Relatives disputed the
initial autopsy report, which described the cause of death as malaria
and lung disease. They also rejected the second report, which stated
that Lissu died of natural causes. Human rights activists complained
that failure to conduct the first autopsy in a timely fashion made it
physiologically impossible for the coroner to make a proper ruling on
the cause of death.
The spokesperson for the Tanzanian Police Force (TPF) reported that
police training curricula included sessions on protecting human rights,
including combating human trafficking, which were later reinforced by
additional training on the same topic.
Prison and Detention Center Conditions.--Despite some improvements
prison conditions remained harsh and life threatening. Inadequate food,
overcrowding, poor sanitation, and inadequate medical care were
pervasive. There were allegations that authorities engaged in torture.
For example, according to the Jambo Leo newspaper's December 7 edition,
Ayub Yusuf told the Singida regional court that police officers
arrested him and two others for attacking a traffic police officer.
Yusuf claimed the police pressed a gun to his neck and inserted the end
of a second gun into his rectum, causing him severe pain and injury.
The behavior of prison officers was at times itself a threat to the
life and health of prisoners. For example, in Mwanza region police
questioned some officers at the Kwimba district police station over the
death of Maganza Kasanga, who was allegedly beaten to death while in
police custody on September 6. Police officials promised to take action
against the perpetrators, but there were no further developments by
year's end.
On September 10, the Habari Leo reported that Donasian Mafuru, a
cook at the Ukonga prison mess, complained to reporters that he was
beaten, tortured, and injured by 10 prison officials. He claimed they
attacked him after he accused them of stealing his cooking utensils. An
investigation continued at year's end.
The Commission for Human Rights and Good Governance (CHRAGG)
reported in September that in their visits to 75 prisons, they found
that the quality of food, size of cells, availability and quality of
inmate uniforms, and distribution of mosquito nets had improved. Murder
suspects spent less time in pretrial detention due to the expansion of
the judiciary. However, the average time awaiting trial remained
between three and four years, and prisoners complained of delays in
hearing their cases. CHRAGG reported that despite some improvements,
sanitation and overcrowding remained problems that encouraged the
spread of disease. The most common were malaria, tuberculosis, HIV/
AIDS, and other diseases related to poor sanitation. Prison
dispensaries offered only limited treatment, and friends and family
members of prisoners generally had to provide medications or the funds
to purchase them.
According to the principal commissioner of prisons, 15 deaths in
prisons due to HIV/AIDS were reported during the year.
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.
CHRAGG reported that children were held together with adults in
several prisons due to a lack of detention facilities. There was one
prison for children in the Mbeya region and five remand homes across
the country. Officials attributed the shortage to a lack of
coordination between the judiciary, police, and prison department. The
number of probation officers also remained inadequate.
According to the October prison's report of the Tanganyika Law
Society (TLS), women were held separately and their conditions were
generally better than those of men. There were fewer female prisoners,
and each one had a bed, two blankets, a mosquito net, and sweaters to
wear during the cold season. The report stated that due to
overcrowding, every three male prisoners often had to share two
mattresses.
Some inmates were reportedly 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.
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 prison
conditions.
On the mainland prisoners were permitted to submit complaints to
judicial authorities, but it was alleged that the letters were
censored. Prisoners were also able to submit complaints to CHRAGG
during its prison visits. CHRAGG also served as the official ombudsman.
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, but these options were rarely used.
Only 3,057 prisoners on the mainland have 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.
As of December the prisons held 38,568 inmates, of whom 18,797 were
convicts (49 percent) and the remainder pretrial detainees (51
percent). An estimated 1,206 inmates were women. The principal
commissioner of prisons claimed that there were no children in the
prison system. The 2011 TLS prison's report, however, stated that there
were some prisons that mixed adult prisoners with children due to
overcrowding. In one prison TLS officials found two 12-year-old
children who complained that they had to do the same work as the older
inmates and were punished when they were unable to work as fast as
them. Discrepancies in prison reporting may be due in part to
inadequate recordkeeping in the prisons.
In Zanzibar juveniles were held with adults, and remand prisoners
were held with convicted prisoners.
The Zanzibar Legal Services Center reported that there had been no
investigation on the 2009 allegations of sexual abuse by prison
officers in Zanzibar.
On the mainland authorities often moved prisoners to different
prisons without notifying their families.
Serious threats to life continued in detention centers. For
example, in Mwanza Region police questioned some officers at the Kwimba
district police station about the death of Maganza Kasanga, who was
allegedly beaten to death on September 6 while in police custody.
Police officials promised to take appropriate action against the
perpetrators.
Between August and September, the LHRC, TLS, and CHRAGG visited
local prisons. International organizations, such as the International
Committee of the Red Cross (ICRC), visited five prisons in May,
September, and December to provide family message exchange and tracing
services to refugees and noncitizens.
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 TPF has primary responsibility for
maintaining law and order both on the mainland and in Zanzibar. The
Field Force Unit is a special division in the national police force and
has primary responsibility for controlling unlawful demonstrations and
riots. The TPF is staffed by nearly 40,000 personnel with multiple
divisions and specialties throughout the country. It was overstretched
and underfunded, as characterized by a reactive response to incidents.
Excessive force, police corruption, and impunity were reported
throughout the year. Low pay contributed to perceived corruption in
certain units, as reported widely by citizens and the press. Newspaper
articles, civil complaints, and reports of police corruption from the
Prevention and Combating of Corruption Bureau (PCCB) and Ministry of
Home Affairs also continued.
Sungusungu citizens' patrols are traditional neighborhood anticrime
groups that exist throughout the mainland. The People's Militia Act of
1973 grants them the power to make arrests. In general, these groups
provide neighborhood security at night. Sungusungu members are not
permitted to carry firearms or machetes, but they carry sticks or
clubs. They work with municipal governing authorities as well as police
but operate independently from police. They are formed or disbanded
based on the perceived local need. In areas surrounding refugee camps,
Sungusungu members have authority to arrest refugees who travel outside
the camps without permission. Within the camps groups composed of
refugees act as security forces, supplementing the police. At times
Sungusungu patrols beat criminal suspects before turning them over to
police.
Mainland police sometimes acted as prosecutors in lower courts,
which allowed police to manipulate evidence in criminal cases. The
spokesperson for the TPF reported that police officers acted as
prosecutors in nine regions.
TPF leadership was committed to training and improvement, but
ground-level officers often failed to meet these commitments. Police
continued to hold educational seminars for officers to combat
corruption and took disciplinary action against police officers
implicated in wrongdoing. During the year 22 police officers were
dismissed for unethical behavior and an additional two demoted.
The mainland community policing initiative that was launched in
2009 to mediate local disputes and reduce police corruption continued.
The community police received standardized training, and police
conducted awareness campaigns for citizens on how to assist community
policing units.
Police arrested and detained journalists during the year (see
section 2.a.).
In 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 were placed in detention, reduced the case backlog
significantly and eliminated it in some courts.
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. These units, including the fire brigade and prison guards,
were often activated during political activities, such as voter
registration or voting itself. Until the formation of a Government of
National Unity in Zanzibar after the October 2010 elections, they
reported to the Zanzibar minister of regional administration.
Subsequently, the Government of Zanzibar pledged to review the role of
Zanzibar's ``special units.'' Representatives from the Zanzibar
President's Office reported that they were not aware of this review.
The Ministry of Defense is responsible for external security on the
mainland and Zanzibar; it also has some limited domestic security
responsibilities.
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, but police failed to comply with
this requirement consistently. 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. Generally,
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 suspects in cases involving charges of murder,
treason, drugs, armed robbery, or other violent offenses where the
accused might pose a public safety risk. In some cases courts imposed
strict conditions on freedom of movement and association when they
granted bail. 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. The
law 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, allowing regional and district
commissioners to arrest and detain for 24 hours anyone who ``disturb[s]
public tranquility.'' As was the case the previous year, this act was
not invoked.
Pretrial Detention.--CHRAGG estimated that more than 51 percent of
the prison population consisted of pretrial detainees. Detainees
charged with criminal matters generally waited three to four years for
trial due to a lack of judges to hear cases, an inadequate judicial
budget, and the lengthy time required to complete police
investigations.
Prisoners continued to protest the length of time it took to hear
their cases.
e. Denial of Fair Public Trial.--The constitution provides for an
independent judiciary, but 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 Zanzibar there were six high court judges and four magistrates
for the land tribunal. In 2010 the land tribunal only had three
magistrates which caused a backlog in cases. The backlog in cases
declined in Pemba, which has two magistrates, but not in Unguja, which
also has two. Zanzibar High Court Officials asked authorities to
allocate two more magistrates to Unguja.
Trial Procedures.--With some exceptions criminal trials were open
to the public and the press. Courts that hold closed proceedings (for
example, in drug trafficking cases and sexual offenses involving
juveniles) generally are required to provide reasons for closing the
proceedings. In cases involving terrorism, the law provides that
everyone except the interested parties may be excluded and that
witnesses may be heard under special arrangements for their protection.
The law prohibits lawyers from appearing or defending clients in
primary-level courts whose presiding officers are nondegree holding
magistrates.
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 Zanzibar
kadhi courts (traditional Muslim courts that settle issues of divorce
and inheritance), could appeal decisions to the respective mainland and
Zanzibar high courts. 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. Most indigent defendants charged
with lesser crimes, however, did not have legal counsel. In both
Zanzibar and on the mainland, most defendants could not afford legal
representation. In Zanzibar there were no public defenders.
On the mainland and in Zanzibar, police acted in some cases 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 during the year. However,
financial constraints and staffing issues slowed the process. In
Zanzibar police prosecutors had been phased out in all but four
districts.
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
professional representation represented themselves in court, but the
government and some NGOs, such as the Tanzania Women Lawyers
Association (TAWLA) and the National Organization for Legal Assistance
(NOLA), provided women and the economically needy with free 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. Civil judicial procedures, however, were often slow,
inefficient, and corrupt.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The law generally prohibits such actions without a
search warrant, but 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.
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.
In March President Kikwete admonished Ministry of Works' officials
for demolishing homes without warning to make way for road
construction. He called for compensation to individuals whose homes
were destroyed and decried 48-hour notice of demolition as inhumane. He
suggested the ministry should give notice up to two years before
planned demolition. By year's end the government had not paid
compensation but was attempting to make a determination of eligibility
for compensation.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--Status of Freedom of Speech and
Press.--The constitution provides for freedom of speech but does not
explicitly provide for freedom of the press. The independent media on
the mainland were active and generally expressed a wide variety of
views. On Zanzibar the government maintained control of most of the
media outlets, but independent mainland newspapers were available.
Freedom of Speech.--Individuals could criticize the government both
publicly and privately without reprisal, although some persons
expressed concern about doing so in public.
Freedom of Press.--On the mainland there were an estimated 13 daily
newspapers. Of these, two were owned by the government, one by the
ruling CCM party, and another by the chairman of an 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.
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 Zanzibar
government. However, there were four periodic newspapers, of which
three were privately owned.
National newspapers were sold in Zanzibar without restriction. The
Zanzibar government controlled all content of radio and television
broadcasts, whether privately or publicly owned. Even in the case of
state television broadcast from the mainland, there was a delay in the
feed, allowing Zanzibar censors to intervene. However, the Zanzibar
radio stations operated relatively independently, often reading the
content of national dailies, including articles critical of the
Zanzibar government.
Although the media were officially government-controlled in
Zanzibar, the political opposition continued to enjoy increased access
after the reconciliation process between the two political parties
began in November 2009. However, observers noted that in spite of
improved coverage of opposition rallies, CCM continued to get more
coverage.
The mainland government allowed political opponents unrestricted
access to the media; however, the ruling party had far more funding to
purchase airtime. This meant that opposition parties did not receive as
much publicity as the ruling party.
Violence and Harassment.--Authorities arbitrarily arrested
journalists during the year.
For example, in December police arrested Absalom Kibanda, editor of
the Tanzania Daima newspaper, and Theophil Makunga, executive director
of Mwananchi, the newspaper group that published the piece, for
allowing the newspaper to publish an allegedly seditious article. The
article in question urged Tanzania security and armed forces to
question ``unreasonable orders'' and respect the will of the people.
Kibanda and Makunga were released on bail the same month. Their case
was pending at year's end.
In January police arrested journalists attempting to cover
antigovernment demonstrations in Arusha. Journalists also reported that
police beat them, confiscated their cameras, and destroyed their
equipment.
Journalists were threatened and assaulted during the year.
For example, in January police in the Shinyanga region reportedly
beat Tanzania Daima journalist Ali Lityawi for taking pictures without
permission.
In the same month, Zanzibar municipal police officers beat Channel
Ten TV journalist Munir Zakaria, who was reportedly filming an
evacuation exercise in Darajani. Police accused him of rallying locals
against the exercise.
Censorship or Content Restrictions.--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 250,000 TZS ($156), 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. Zanzibar
Ministry of Information officials reported that these provisions were
not invoked during the year.
Media outlets often practiced self-censorship to avoid conflict
with the government. Editors withheld stories that they felt would be
overly critical of government representatives. This practice served to
promote the longevity of the media outlet and curry the favor of
politicians.
Libel Laws/National Security.--The law provides for arrest,
prosecution, and punishment for the use of ``seditious,'' abusive, or
derogatory language to describe the country's leadership. The law
allows police to raid and seize materials from newspaper offices
without a warrant and allows the minister of information to close media
outlets for reasons of undefined ``public interest'' or ``the interest
of peace and good order.''
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
general, individuals and groups could engage in the peaceful expression
of views via the Internet, including by e-mail.
Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.
b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The constitution provides for 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 early December LHRC Executive Director Helen Kijo Bisimba listed
the denial of the constitutional right of demonstration and lawful
assembly as one of the country's key human rights problems.
During the run-up to the November parliamentary discussion on
constitutional reform and the subsequent preparations for the December
celebration of 50 years of the country's independence, the government
and the police increasingly limited the issuance of permits for public
demonstration and assembly. Police denied demonstration permits to
political parties, NGOs, and religious organizations.
Police worked with limited resources and generally lacked the
equipment and training to respond to large crowds. As such, previous
attempts to control crowds, particularly in Arusha, were characterized
by violent conflict (see section 1.a.).
In November police placed an indefinite ban on CHADEMA
demonstrations countrywide. On November 8, CHADEMA conducted a
demonstration in Arusha to protest the arrest and temporary detention
of several party leaders. Police claimed they received information that
the protest was going to become violent, so they sent in units to
forcefully put an end to the event, resulting in the injury and arrest
of participants. In response, CHADEMA planned another demonstration for
November 10, but on the previous day, police banned all public CHADEMA
assemblies. The police commissioner announced that the ban would remain
in place until police were convinced CHADEMA's assemblies would be
peaceful.
Later in November police denied the request of NGO Jukwaa la Katiba
(``Constitutional Forum'') to demonstrate in Dar es Salaam. The group
wished to protest in order to convince President Kikwete not to sign
the constitutional reform bill passed in parliament. Jukwaa la Katiba
is an umbrella organization comprised of representatives from more than
180 civil society organizations. The Mwananchi newspaper reported on
November 23 that police denied the demonstration permit due to security
concerns. Jukwaa la Katiba representatives later alleged that the
grounds for refusal cited by the police were illegitimate. At year's
end Jukwaa la Katiba continued to pursue the permit.
In December church leaders reported that police also denied their
requests to hold public assemblies. Historically, some churches hold
public prayer meetings at the end of each year to pray for the coming
year. The church leaders claimed that police cited the risk of an Al-
Shabaab attack on a large group of Christians as the reason for denial.
Freedom of Association.--The constitution provides for freedom of
association, and the government generally respected this right in
practice.
Political parties were required to register, and there were some
requirements as to distribution and composition of their membership
(see section 3).
The process of registering NGOs was slow, but there were thousands
on the mainland. The approval process was more difficult in Zanzibar.
It took an average of four years to register a religious NGO.
c. Freedom of Religion.--See the Department of State's
International Religious Freedom Report at http://state.gov/j/drl/irf/
rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution provides for freedom
of movement within the country, foreign travel, emigration, and
repatriation, and the government generally respected these rights in
practice.
The government generally cooperated with the Office of the U.N.
High Commissioner for Refugees (UNHCR) and other humanitarian
organizations in providing protection and assistance to refugees and
asylum seekers, but it also encouraged the repatriation of many
refugees and limited the influx of additional refugees.
Protection of Refugees.--Access to Asylum.--The country's laws
provide for asylum or refugee status, and the government has
established a system for providing protection to refugees.
Since February more than 1,200 irregular migrants from Ethiopia and
Somalia were reportedly arrested in Tanzania en route to Mozambique.
During the year the UNHCR was engaged in processing these individuals
for possible asylum. Police continued to hold them in prisons, as there
were no separate holding facilities for asylum seekers.
Asylum Access, an international NGO with an office in Dar es
Salaam, reported that a large number of ``urban refugees'' lived
outside Tanzania's two refugee camps. The government often treated
these individuals as undocumented immigrants, deporting or imprisoning
them if they faced criminal charges. Arrest was often the only
situation in which the government came into contact with urban
refugees. Urban refugees differ from undocumented immigrants, as many
are able to demonstrate protection concerns that would qualify them for
refugee status. Since they are not formally registered, they have
limited access to employment, health care, and education. There was no
policy or infrastructure to serve this group, but the Ministry of Home
Affairs reported that it was working to address the issue. Although the
size of the urban refugee population was difficult to determine, the
ministry estimated that as many as 10,000 urban refugees were living in
Dar es Salaam alone. Asylum Access reported that this number may be as
high as 20,000.
Nonrefoulement.--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 UNHCR reported, however, that during the year
the Ministry of Home Affairs forcibly returned asylum seekers to the
Democratic Republic of the Congo (DRC) and Burundi without offering
proper refugee status determination procedures. As these reports were
irregular, the UNHCR did not have an accurate count.
Refugee Abuse.--The International Rescue Committee (IRC) reported
that in June police forces uprooted gardens in the Mtabila refugee camp
and destroyed a market in the Nyarugusu camp that they claimed was not
built according to regulation.
It remained illegal for refugees to live outside their camps or
settlements or to travel more than two and one-half miles outside the
camps without permits. An exit permit could be obtained from the
Ministry of Home Affairs office within the camps. Refugees were able to
obtain permits to leave the camp with relative ease as long as they
were able to provide a credible reason for exiting (e.g., attending
legal procedures or obtaining wire money transfers). Refugees
apprehended outside the camps without permits often were sentenced to
community service rather than imprisonment and deportation, as was the
case previously. By law, however, the infraction carries a fine and a
three-year prison sentence. The UNHCR reported that when police
apprehended refugees found outside the camps without permits, they
usually placed them in a prison facility within the camps. Unless the
infraction was connected with another criminal issue, police generally
released these individuals back into the camps within a short amount of
time.
Local government authorities policed the camps with support from
refugee volunteers. The UNHCR reported that the most frequent crimes
were connected to domestic violence and abuse, physical aggression,
sexual abuse, and intimidation within both family units and the broader
refugee community. The UNHCR reported that there were 1,200 incidents
of gender-based violence in the camps during the year.
The 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. NOLA,
sponsored by the UNHCR, provided legal assistance to 433 refugees in
the camps during the year.
Access to Basic Services.--Although public education was provided
in the Nyarugusu camp, children living in the Mtabila camp were not
permitted access to public elementary education. NGOs working within
the camp provided informal education and recreational activities.
Durable Solutions.--In 2010 the Ministry of Home Affairs announced
it was conferring citizenship upon 162,000 of the more than 200,000
refugees who had arrived from Burundi in 1972. However, by year's end
the ministry had not issued any citizenship documentation to most of
these individuals. The status of another 22,000 Burundi refugees
settled in the Kigoma region remained in question. At year's end an
estimated 39,000 Burundi refugees, 62,000 Congolese refugees, and 300
refugees of other nationalities lived in the Mtabila and Nyarugusu
refugee camps in Kigoma.
During the year the return of refugees from the 1993 events in
Burundi slowed to a trickle, despite encouragement from a tripartite
commission composed of representatives from the UNHCR and governments
of Tanzania and Burundi. With government assistance, approximately 91
refugees returned to the DRC.
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 on the mainland and in
Zanzibar.
Elections and Political Participation.--Recent Elections.--Tanzania
held its fourth multiparty general elections in October 2010 in which
voters in both the union and Zanzibar elected new presidents and
legislative representatives. The union and Zanzibar elections were
judged to be largely free and fair. However, CCM benefited from vastly
superior financial and institutional resources.
In the 2010 elections, CCM retained its absolute majority in
parliament with nearly 80 percent of the seats. CHADEMA replaced CUF as
the leading opposition party and selected its chairman, Freeman Mbowe,
as the parliamentary opposition leader.
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.
Political Parties.--The law requires that persons running for
office must represent a registered political party. There were 18
registered parties in the country.
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.
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. 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 demonstrations. No new
political parties were registered or deregistered during the year.
The election law provides a ``gratuity'' payment of 40,000,000 TZS
($25,000) to parliamentarians completing a five-year term. Incumbents
can use these funds in reelection campaigns. Several NGOs and
opposition parties criticized this provision for impeding aspiring
parliamentary candidates from opposition parties to mount an effective
challenge.
Participation of Women and Minorities.--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 2010 elections, there were 102 special seats for women, and at
the beginning of the year there were 126 women in the parliament. This
means 24 women won seats in parliament as a result of direct
competition in an election. 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.
Following the 2010 elections, the new parliament selected Anne
Makinda as the country's first female speaker of parliament.
Twenty-five of the 62 high court judges were women, 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 given to women. There were two women
ministers and four deputy ministers. There were three elected seats in
Zanzibar won by women.
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
officials often engaged in corrupt practices with impunity. The World
Bank's Governance Indicators reflected that corruption was a serious
problem.
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.
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,'' i.e., names
on government payrolls that do not correspond with any actual employee.
In 2010 the Director General of the National Identification Authority
(NIDA) Dickson Mwaimu told parliamentarians that the government was
losing billions of shillings annually through fraudulent salary
payments. According to Mwaimu the government lost 26.6 billion TZS
($16.6 million) in salaries to ghost workers in seven institutions in
the previous three years.
In one of the most high-profile corruption cases of the year,
Beatrice Shellukindo, CCM member of parliament, alleged in July that
David Jairo, permanent secretary in the Ministry of Energy and
Minerals, had ordered offices and departments under his supervision to
contribute funds to be used to bribe members of parliament to support
his ministry's budget request. Shelukindo claimed that Jairo ordered
the leadership of public organizations such as the Tanzania Electric
Supply Company, Tanzania Petroleum Development Corporation, and the
Energy and Water Regulatory Authority to each contribute 50 million TZS
($31,250) to the fund. As a result of these claims, Philemon Luhanjo,
chief secretary, suspended Jairo from his position for 10 days and
ordered the controller and auditor general to conduct an investigation.
The investigation revealed that Jairo collected almost 580 million TZS
($362,500), but it did not uncover concrete evidence that this money
was to be used as a bribe. Luhanjo therefore lifted Jairo's suspension
in August and cleared him of any wrongdoing. Shortly thereafter
President Kikwete reordered Jairo's suspension and a new investigation
into the case. The parliamentary investigation concluded in November;
it determined that Jairo misused his position. Jairo was removed from
his position as permanent secretary.
The PCCB is responsible for investigating suspected corruption
cases, prosecuting offenders in coordination with the Zanzibar Director
of Public Prosecution (DPP), and educating the public about corruption.
The PCCB has 24 regional offices and an office in every district on the
mainland. As of September 30, the PCCB had received 3,423 allegations
of corruption, investigated 573 cases, brought 156 new cases to court,
and prosecuted 98 cases from which there were 37 convictions. There
were 35 ongoing grand corruption cases as of September. According to
the PCCB, most corruption investigations concerned government
involvement in mining, land matters, energy, and investments. NGOs
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. 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. Zanzibar Legal Services
Center officials indicated that as in the previous year, there were no
corruption investigations as no complaints were filed.
Judicial and police corruption were problems. For example, in May
the Legal and Human Rights Center launched its Tanzania Human Rights
Report, 2010. The report noted that the police force, judiciary, and
prisons department were among the most corrupt institutions in the
country.
Although a number of high-profile corruption cases were in
progress, the media and public continued to criticize the government
for slow progress on these grand corruption cases.
The 2010 corruption case against former ambassador Mahalu began in
August but was adjourned until January 2012 due to the absence of the
prosecution counsel.
The corruption cases against former cabinet ministers Mungai,
Mramba, and Yona were pending in court, and an investigation 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, both at year-end and upon leaving office; however,
there was no enforcement mechanism or means to determine the accuracy
of such disclosures. The Ethics Secretariat distributed 8,972 forms to
politicians and civil servants during the year, and by year's end 4,071
politicians and 3,210 civil servants met the deadline for disclosure.
Secretariat officials stated the 1,691 individuals who failed to meet
the deadline were asked to show cause for the delay. Those with
unsatisfactory explanations must appear before a tribunal.
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. Media groups
continued to press the government and parliament to adopt a freedom of
information act and revise the bill governing the media industry.
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.
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.
The Zanzibar Legal Services Center was one of the few active human
rights organizations in Zanzibar.
CHRAGG, which is financed by the government, operated without
government interference on the mainland and in Zanzibar. By December
CHRAGG had received 1,105 complaints for the year. CHRAGG classified
175 of these complaints as potential human rights violations. The other
930 complaints concerned government administration, labor disputes,
pension problems, and private institutions. CHRAGG leaders complained
that, due to budgetary restraints, the organization had little real
ability to follow up on complaints. Furthermore, CHRAGG has no legal
authority to prosecute cases. It can only make recommendations to other
government offices or call media attention to human rights violations.
In January CHRAGG conducted a training session on human rights
investigations. More than 55 representatives attended from government
and NGO communities, both from the mainland and from Zanzibar.
U.N. and Other International Bodies.--During the year the ICRC
visited prisoners at the International Criminal Tribunal for Rwanda
(ICTR) in Arusha.
The government continued to host the ICTR in Arusha and was
supportive of, and cooperated with, the international court. At year's
end one detainee was on trial, two were awaiting trial, and 13 were on
appeal.
Government Human Rights Bodies.--The union parliamentary committee
for constitutional, legal, and public administration is responsible for
reporting and making recommendations regarding human rights. Although
the majority of committee members were from the ruling CCM party, the
committee nevertheless acted independently of government and political
party influence, and most observers viewed it as an unbiased
institution. The committee worked closely and cooperated well with
CHRAGG.
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 or disabilities persisted, and
ethnic tensions continued in some parts of the country.
For example, in July the deputy minister of community development,
gender, and children told parliament that incidents of discrimination
and abuse against women and children were on the increase. She claimed
that 39 percent of women between the ages of 15 and 49 had been
affected since 2009. The government was reviewing policies and creating
strategies to provide women with various economic empowerment funds and
seeking ways to place more of them in decision-making positions.
Women.--Rape and Domestic Violence.--The law provides for life
imprisonment for persons convicted of rape, including spousal rape, but
rape continued to be a serious problem. The law stipulates that a woman
wishing to report a rape must do so at a police station before seeking
medical help. Only after obtaining a release form from the police may a
woman be admitted to a hospital. This process contributed to medical
complications, incomplete forensic evidence, and failure to report.
Victims often feared that if they took their case to the police that it
would be made public. According to the 2010 Demographic and Health
Survey and the 2009 Tanzania Violence Against Children Survey, 45
percent of Tanzanian women had experienced physical or sexual violence,
and nearly three out of 10 girls had experienced at least one act of
sexual violence before the age of 18.
Police maintained gender and children desks to support victims and
address relevant crimes.
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.
According to a 2005 Department of Statistics survey, 46 percent of
male Tanzanian respondents believed that a husband has the right to
beat his wife if she disobeys him, and 20 percent responded that a
husband may beat his wife if she burns food.
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.
Sexual Harassment.--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. There were reports that
women were asked for sexual favors in return for promotions.
Reproductive Rights.--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. Only 26 percent of women ages 15-49
used a modern form of 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. Due to budgetary
restrictions and a shortage of skilled personnel, an estimated 60
percent of positions within the Ministry of Health and Social Welfare
remained unfilled. This 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
2010 Demographic and Health Survey, the maternal mortality ratio was
454 deaths per 100,000 live births, and a woman's lifetime risk of
maternal death was one in 23. These statistics have improved steadily
in recent years. An estimated 43 percent of births were attended by
skilled personnel. Men and women received equal access to diagnosis and
treatment for sexually transmitted infections.
Discrimination.--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 were responsible for
protecting the legal rights of women. Discrimination against women was
most acute in rural areas. Rural women had little opportunity to attend
school or obtain wage employment.
Women in the private sector sometimes faced discrimination from
employers who believed that household obligations were a professional
liability.
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 legally 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.--Birth Registration.--Citizenship is derived by birth
within the country's territory, or if abroad, from one's parents.
Tanzania's Registration, Insolvency, and Trusteeship Agency estimated
that only about 20 percent of the population of more than 40 million
had birth certificates.
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.
Education.--Primary education is compulsory and universal on both
the mainland and Zanzibar until the age of 15. Tuition is free, but
parents are required to pay for books, uniforms, and school lunches.
Beginning in Form One, the equivalent of the first year of high school,
parents are required to pay fees for enrollment. As a result, many
children did not attend secondary school. 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 than boys due to household duties.
Child Abuse.--The law allows head teachers to cane students, and
corporal punishment in schools remained a problem, although less so
than in previous years.
Child Marriage.--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 as long as the marriage is not consummated until the
girl reaches 15 years of age. To circumvent these laws, offenders
bribed police or paid a bride price to the family of the girl to avoid
prosecution. An estimated 38 percent of women between the ages of 20
and 24 were married before the age of 18, according to UNICEF data
collected between 2000 and 2009.
On Zanzibar there are multiple laws that define the legal 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 has not given birth. The
Children and Young Person's Decree was amended during the year to
become the Children's Act of 2011. It defines a child as being under
14. Under Islamic law, however, the age at which a child reaches
puberty determines whether he or she is still a child.
Harmful Traditional Practices.--The law prohibits female genital
mutilation (FGM); however, some tribes and families continued to
practice it. Statutory penalties for performing FGM on girls under 18
range from five to 15 years' imprisonment, a fine of 300,000 TZS
($188), or both. Prosecutions were rare. Many police officers and
communities were unaware 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. The media reported that
others conducted the procedure in hiding, even on babies, to avoid
detection by the law.
According to 2005 data, the Ministry of Health estimated that 5 to
15 percent of women and girls underwent FGM, a decrease from a rate of
18 percent in 1995. The average age of FGM victims was less than 10
years. 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.
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. The Anti Female Genital Mutilation Network
(AFNET) worked with education officers in the Serengeti to increase
awareness about the negative effects of FGM. AFNET 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 April police in the Tarime District, Mara region, called for the
government to provide human rights education to combat FGM. The Rogoro
Roman Catholic Parish in nearby Masanga village continued to serve as a
shelter for girls between the ages of 10 and 16 who fled from family or
societal pressures to undergo FGM. In addition to supporting these
children, the shelter conducted community training on the dangers of
FGM, including a predilection toward fistula.
Despite these efforts residents of the Tarime district continued to
perform FGM openly on mature girls. In February the ``Women Wake Up''
organization conducted a rally against FGM in Tarime. During the
campaign young men with machetes, clubs, and other weapons marched
around villages to keep out FGM activists and threatened to kill anyone
who tried to prevent village girls from undergoing FGM. The media
reported that the government took no action in response.
Sexual Exploitation of Children.--The law provides that sexual
intercourse with a child under 18 years is rape regardless of consent.
The law was not always enforced, however. During the year human rights
activists and NGOs complained that the Law of Marriage Act, which
provides for marriages of 14-year-old girls, needed amendment to
reflect the criminality of sexual intercourse with a child.
The Morogoro Resident Magistrate's Court sentenced Hashimu Nunda to
30 years in prison, 12 strokes of the cane, and a one million TZS
($625) fine for raping an eight-year-old school girl on June 20.
The law criminalizes child pornography and child prostitution.
Nevertheless, sexual exploitation and trafficking of children for the
purposes of commercial sexual exploitation were problems. Persons found
guilty of such offenses were subject to a fine ranging from one million
TZS ($625) to 500 million TZS ($312,500), a prison term of one to 20
years, or both.
Infanticide.--Infanticide continued to be a problem, especially
among poor rural mothers who believed themselves unable to afford to
raise a child.
Displaced Children.--There were significant numbers of street
children in Dar es Salaam, Mwanza, and Arusha. In July the deputy
minister of health and social development told parliament that
approximately 802,000 children were living in adverse conditions.
Approximately 668,000 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 government identified centers where
orphans and street children could have access to these services in 89
out of 133 municipalities.
Following a February 18 explosion at the Gongo la Mboto military
weapons depot, which killed 25 persons and injured 145 others, children
and their families in the area were temporarily displaced. For more
than a month, children had limited access to schools and safe housing.
According to the December 6 edition of the Mwananchi newspaper, more
than 200 victims of the explosion threatened to protest due to the
government's failure to compensate them for the loss of their houses
and other property. Those who received compensation complained that the
amount was not enough to rebuild.
International Child Abductions.--The country is not a party to the
1980 Hague Convention on the Civil Aspects of International Child
Abduction.
Anti-Semitism.--The Jewish population is very small, and there were
no reports of anti-Semitic acts.
Trafficking in Persons.--See the Department of State's Trafficking
in Persons Report at http://state.gov/j/tip.
Persons With Disabilities.--The constitution prohibits
discrimination against persons with disabilities. In 2010 the
government passed the Persons with Disability Act to address the
overall protection of disabled persons. Previous implementing
legislation focused on specific, disjointed areas such as employment
and access to healthcare, but most employers believed that disabled
individuals were incapable of working, and most persons with
disabilities remained unemployed. Approximately 9 percent of the
population consisted of persons with a 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 mainland parliament with disabilities.
One member of parliament elected in 2010, Salum Bar'wan, was the first
with albinism. During the election campaign, his opponents repeatedly
claimed that people with albinism lack vitamin C and therefore do not
have the ability to think clearly.
The Ministries of Education, Justice, and Labor are responsible for
enforcing the 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.
Indigenous People.--Indigenous pastoralists increasingly find it
difficult to maintain their way of life on the land, as competing
interests and population pressures squeeze their traditional animal
grazing areas. In September pastoralists living near Katavi National
Park accused rangers of the Tanzania National Park Authority (TANAPA)
of shooting and killing 150 of their cattle that were drinking from the
Kavuu River, which serves as the border between the park and the
pastoralists' village. According to media reports, the cattle were
valued at 900 million TZS ($562,500). TANAPA denied the claims.
Indigenous Maasai residents of the Loliondo Game Controlled Area,
Arusha region, continued to accuse police, military, and officials of
the Ortello Business Company (OBC) of intimidation, harassment,
arbitrary arrest, and torture. The government previously issued OBC a
license to conduct tourist hunting expeditions in the area. Hunting
practices of OBC clash with Maasai traditional beliefs.
Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--Consensual same-sex activity
is illegal on the mainland and in Zanzibar. On the mainland acts of
``gross indecency'' between persons of the same sex are punishable by
up to five years in prison. Same-sex intercourse carries a prison
sentence of 30 years to life. The law in Zanzibar establishes a penalty
of up to 14 years' imprisonment for men who engage in same-sex sexual
activity and five years for women. Since the burden of proof in such
cases is significant, the law was 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 have instead been
charged with loitering or prostitution. Lesbian, gay, bisexual, and
transgender (LGBT) persons faced societal discrimination that
restricted their access to health care, housing, and employment.
Beginning in November discussions about the possibility of donor
countries linking their aid packages to gay rights issues triggered a
public outcry from government and society leaders. The rights of LGBT
people are not often a topic of public dialogue in the country, but
this item revealed the antigay stance of a number of public figures.
Organizations such as the Tanzania Network of Women Living with
AIDS worked with LGBT persons and commercial sex workers to provide
education to combat HIV and AIDS transmission. Dar es Salaam-based
Lesbian, Gay, Bisexual, Transgender, and Intersex Support Unit launched
a public education and health advocacy project to reduce the stigma
attached to sexual relations between persons of the same gender to
reduce their fears about seeking medical counsel. This project was
meant to both contribute to the fights against HIV and AIDS and gather
support for a repeal of anti-LGBT laws.
In December 2010 a young lesbian woman was assaulted by her uncle
who attempted to rape her as a means of ``correcting'' her sexual
behavior. The woman escaped and found shelter elsewhere; however, when
the uncle informed the landlord of her sexual orientation and activist
work, the landlord threatened to report the woman to the police,
forcing her to take refuge with a friend. In July her neighbors
attempted to set her house on fire. They believed she was actively
recruiting young people to become gay. The woman was forced to vacate
the property and rely on friends for support.
Other Societal Violence or Discrimination.--Despite efforts by the
government and NGOs to reduce mob violence through educational outreach
and community policing, mobs stoned, beat, immolated, and hacked to
death a number of suspected criminals. According to the spokesperson
for the TPF, 637 incidences of mob violence were reported through June.
In December the LHRC recorded over 1,000 deaths due to mob violence
and witchcraft-related killings. In its midyear report, the LHRC also
stated that the regions of Shinyanga and Mwanza led in the number of
incidents of mob violence where mobs killed 53 persons on allegations
of stealing. Between 2005 and 2010, mobs killed approximately 2,775
persons in the country due to beliefs in witchcraft, accusations of
theft, and other reasons.
On April 7, residents of Madale village, Dar es Salaam region,
clashed with a group of approximately 50 employees of a brokerage firm
sent to demolish the villagers' houses. The firm claimed that the
houses were illegally constructed on private property. When police
arrived, five of the firm's employees were found dead as a result of
beatings by sticks, machetes, and axes. A member of parliament accused
the police of failing to take action to prevent the violence as
residents had previously complained that the firm was encroaching on
their land. Police arrested 10 persons, including the owner of the
property, Daniel Chacha, and the village chairman, Deogratias
Kamugisha. There were no further developments in the case by year's
end.
During the year mobs turned on police whom they accused of failing
to administer justice. For example, on August 30, press reported that
the Mbeya regional police arrested 12 residents of Inyala village for
storming a police post and demanding the release of a group of murder
suspects.
There were no further developments in the following 2010 mob
killings: the July death of Siajabu Bernard for stealing maize and the
August death of Kastoli Mkamula for breaking into a house.
Mobs, persons claiming to be victims of witchcraft, or relatives of
alleged victims killed persons whom they alleged to be witches. The
spokesperson for the TPF reported 306 such cases through June.
Prosecutions were often impeded by the reluctance of witnesses to
testify.
Between January and June, according to a report by LHRC, 142
persons were killed in Shinyanga on allegations of bewitching others.
Following death sentences given to 10 persons in 2010 for killing
persons with albinism, this type of violence decreased significantly.
In the Lake Zone, practitioners of witchcraft previously sought albino
body parts in the belief that they could be used to create power and
wealth. During the year, however, police confirmed only one killing
connected to albinism. CHRAGG reported that it did not receive any
complaints concerning albinism issues.
In March the district commissioner of Muheza intervened in the case
of a young woman with albinism whose parents had kept her locked in a
room for three years. The district commissioner negotiated her release
and treatment in a local hospital.
On October 14, a man in the Geita region attacked Adam Robert, a
12-year-old with albinism. The assailant used a machete to sever three
of Robert's fingers. At year's end the assailant was missing, but the
police arrested five persons in connection with the attack, including
Robert's father, stepmother, and a witch doctor who allegedly planned
the attack. At year's end the case was pending in court.
The law 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 law also
criminalizes the deliberate transmission of HIV.
According to a founding member of the Parliamentarians' AIDS
Coalition, parliamentarians and others were more open to discussing
HIV/AIDS than in the past.
The government, working with NGOs, continued to educate the public
about HIV/AIDS-related discrimination and 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. Freedom of Association and the Right to Collective Bargaining.--
The union and Zanzibar governments have separate labor laws. Workers on
the mainland have the right to form and join independent trade unions,
conduct legal strikes, and bargain collectively. In practice, however,
some private mining and construction companies did not allow workers to
form unions and in some cases terminated their employment. During the
year the Tanzania Mines, Energy, Construction and Allied Workers' Union
(TAMICO) recorded more than 200 unfair terminations of active unionized
workers. Trade unions must consist of more than 20 employees and are
required to register with the government. A trade union or employers'
association must register within six months of its establishment;
failure to register is a criminal offense. The law provides the
registrar in the Ministry of Labor with significant control over trade
unions, including the right to deregister unions if there is overlap
within an enterprise. Unions have to submit financial records and a
membership list to the registrar annually. The registrar can suspend a
trade union if it determines that the union violates the law or
endangers public security. Association with an international trade
union requires government approval. Although the law does not
specifically prohibit antiunion discrimination, in practice it is
treated like other forms of legally defined discrimination (based on
disability, religious affiliation, etc.). Trade Union Congress of
Tanzania (TUCTA) officials stated that there were many instances of
discrimination of union workers, particularly in mining companies.
Disputes on grounds of antiunion discrimination must appear before the
Commission for Mediation and Arbitration (CMA). Reinstatement is not
mandatory.
While mainland workers have the legal right to strike, employers
have the right to a lockout after complying with certain legal
requirements and procedures. 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.
On the mainland, disputes are regulated and resolved by mediation
through the Commission for Mediation and Arbitration. If the mediator
fails to resolve a dispute within 30 days, 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 may refer it
to the labor 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 ``essential''
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) may not strike. Workers in other
sectors may also be subject to this limitation as determined by the
Essential Services Committee. This tripartite committee composed of
employers, workers, and government representatives has the authority to
periodically determine which services are essential.
The Zanzibar labor law requires a union with 50 or more members to
be registered and sets literacy standards for trade union officers. The
labor law in Zanzibar applies to both public and to private sector
workers. They may not join mainland-based labor unions. Zanzibar
government workers have the right to strike as long as they follow
procedures outlined in labor law.
The law provides for collective bargaining in the private sector.
Public sector employees also have the right to bargain collectively
through the Trade Union of Government and Health Employees.
In practice many private sector employers adopted antiunion
policies or tactics even though case law discourages discriminatory
activities by an employer against union members. During the year
employees of private security firms, mining companies, major shopping
chains, and international banks complained to the International Labor
Organization (ILO) that their employers had strongly advised them
against unionization. The ILO reported that employees came to them
during the year with allegations of threats of violence against union
leaders, and the ILO referred these individuals to the CMA and the
Ministry of Labor. For example, in August the chairman and secretary
general of a mining union were fired due to their actions on behalf of
their members. Although the CMA mediated, the case was resolved in
South Africa (where the company is based) on appeal and the union
officials were reinstated.
In practice some employers used hiring practices such as
subcontracting both to decrease overall costs and to avoid hiring
workers with bargaining rights. The ILO reported that industry leaders,
particularly in the banking and mining sectors, strongly discouraged
employees from collective bargaining and union membership. TUCTA
reported that many skilled workers were hired as day laborers without a
contract.
Approximately 50 former employees of the Geita Gold Mine reported
to LHRC officials they had been terminated from employment after
falling sick and could not organize because the mine did not allow
trade unions. Even though mine officials refused to meet with the LHRC,
the NGO reported the matter to TUCTA. On May 1, the LHRC met with
President Kikwete, who made a public statement that denying a group of
workers permission to form a union was a criminal offence.
Strikes were very infrequent on both the mainland and Zanzibar.
While workers and employers freely practiced the right to
collective bargaining during the year, many workers did not have
employment contracts after working for many years. The ILO referred
their case to relevant authorities and asked TUCTA to pursue legal
action against these employers. TUCTA's common practice is to support
mediation instead of legal action.
b. Prohibition of Forced or Compulsory Labor.--The law prohibits
most forms of forced or compulsory labor. Statistics about enforcement
were not available, and the ILO reported that it had no record of
government enforcement actions during the year. There were reports that
such practices, especially involving children, occurred. In some
instances girls from rural areas were forced into domestic servitude,
while boys were subject to forced labor on farms, in mines, and in the
informal business sector.
The law allows prisoners to work without pay on construction and
agriculture projects within prisons both to ostensibly develop the
skills of the prisoners and to 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. The
law deems as acceptable any such work of a convicted person as long as
that person is supervised by a public authority and his work is not for
the benefit of any private party.
The law establishes criminal penalties for employers using forced
labor. Offenders may be fined up to five million TZS ($3,125),
sentenced to one year in prison, or both.
See the Department of State's Trafficking in Persons Report at
http://state.gov/j/tip.
c. Prohibition of Child Labor and Minimum Age for Employment.--The
law prohibits the exploitation of children in the workplace. By law the
minimum age for contractual employment is 14. Children over 14 (but
under 18) may be employed to do only light work unlikely to harm their
health and development or attendance at school. Children under age 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 does not
specifically limit working hours for children but establishes the same
fines and criminal penalties for employers of child labor as for
employers of forced labor, i.e., a fine not exceeding five million TZS
($3,125), imprisonment for one year, or both.
On the mainland the Ministry of Labor was responsible for
enforcement of labor laws, together with the CMA and the labor court.
Several government ministries, including the Ministry of Labor, had
special child labor focal persons.
Child labor remained an issue as the laws were not often enforced.
Although the Ministry of Labor reportedly conducted inspections and
issued warnings to violators of child labor statutes, no reported child
labor cases were 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 widespread. By one estimate, approximately 30 percent
of children ages five to 14 years were engaged in child labor.
Children work as domestic help, street vendors, and shopkeepers as
well as in small-scale agriculture (e.g., coffee, sisal, tea, and
tobacco), family-based businesses, fishing, and artisanal mining of
gold and tanzanite gems. In Zanzibar children work primarily in
transportation, fishing, clove picking, domestic labor, small
businesses, and gravel making.
During the year the government worked with stakeholders to reduce
child labor especially at the district, ward, and village level. Some
government leaders were committed to ending child labor in their
localities and worked in collaboration with international NGOs to
withdraw children from the workplace during the school year. For
example, a TAMICO official reported that during the year, his
organization worked with a Norwegian NGO to remove 100 children from
tanzanite mines for placement in schools. TAMICO gave 75 mothers small
loans and entrepreneurial training to increase family income while the
children attended school.
In Iringa a local radio station began a project called Mwanga wa
Watoto (Children's Light) to create awareness of the problem of child
labor in the region by broadcasting coverage on child labor issues for
two hours every week.
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.
Also see the Department of Labor's Findings on the Worst Forms of
Child Labor at http://dol.gov/ilab/programs/ocft/tda.htm
d. Acceptable Conditions of Work.--Tanzania has an industry-based
minimum wage. The new minimum wage standards, established in July 2010
for employees in both the public and private sectors in the mainland,
were divided into eight employment sectors. The lowest minimum wage was
70,000 TZS ($44) per month for workers in the agricultural sector, and
the highest was 350,000 TZS ($212) per month for workers in the mineral
and aviation sectors. These monthly wages were above the poverty line
of 13,998 TZS ($9) per month per person established by the 2006/07
Household Budget Survey. The labor laws cover all workers, including
foreign and migrant workers. The minimum wage rate in Zanzibar is
100,000 TZS ($63), an increase from 80,000 TZS ($50) in 2010.
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 is illegal to employ women to work between
10:00 p.m. and 6:00 a.m.
Several laws regulate safety in the workplace. The Ministry of
Labor 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. TAMICO officials complained that
mining companies did not allow surprise visits, and union officials
were not taken to the lowest levels of the mines where the miners
worked.
Workers could sue an employer if their working conditions did not
comply with the Ministry of Labor'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.
Labor standards were not effectively enforced, particularly in the
informal sector, where most of the workforce was employed. The World
Bank estimated the size of the informal sector to be more than 50
percent of the total workforce.
Tanzania's labor standards laws are taken from the international
convention on labor standards. The convention does not name specific
penalties, and the government did not often enforce penalties for such
violations. Other than continuing negotiations on the minimum wage, the
government did not undertake specific actions to improve working
conditions. For example, many injured and diseased workers did not
receive compensation due to the lack of regulations for the 2008
Workman's Compensation Law. TUCTA officials complained that during the
year government officials made no response to questions of when the
regulations would be implemented.
Employers frequently ignored the restriction on employment of women
during late night hours.
In traditionally dangerous industries such as construction,
employees often worked without protective equipment such as helmets,
gloves, or harnesses. TAMICO reported that in the mining industry,
where accidents are common, disease leads to more death and disability
than accidents. Mine workers were regularly exposed to polluted air and
poisonous gases underground. TUCTA reported that women in the hotel
industry were often the target of sexual assault and harassment. Due to
the limited capacity of the Ministry of Labor's inspection system,
there were no published statistics on sectors with working conditions
violations.
The April-May LHRC newsletter reported that employees of Geita Gold
Mine in Mwanza region complained their employers forced them to operate
heavy-duty machinery for 12 hours, causing them back and knee injuries.
Newspapers reported the workplace accident of Mwombeki Joseph
Barukaki, who fell, broke his arm, and injured his head and hip on
August 31 while working on a construction project at Metro Steel Mills
in Dar es Salaam. While he was hospitalized, company officials asked
him to explain why he should not be fired for failure to report to
work. Barukaki complained that company officials did not call an
ambulance when he fell, so he asked other employees to pay for his taxi
to a hospital. The company allegedly refused to pay his hospital bill
and instead accused him of being drunk on duty.
__________
TOGO
executive summary
Togo is a republic governed by President Faure Gnassingbe, who was
reelected in March 2010 in a process characterized by international
observers as generally free and fair. The ruling Rally of the Togolese
People (RPT) party dominated politics and maintained firm control over
all levels of the highly centralized government. Security forces
reported to civilian authorities.
The main human rights problems reported during the year included
security force use of excessive force, including torture; official
impunity; and harsh and life-threatening prison conditions.
Other human rights abuses included arbitrary arrest and detention,
including lengthy pretrial detention, and executive influence over the
judiciary. The government infringed on citizens' privacy rights and
restricted freedoms of press, assembly, and movement. Official
corruption was pervasive. Discrimination and violence against women
were problems. Child abuse, including female genital mutilation (FGM)
and sexual exploitation, occurred. Trafficking in persons and societal
discrimination against persons with disabilities were problems.
Official and societal discrimination persisted against persons with
disabilities; regional and ethnic groups; and members of the lesbian,
gay, bisexual and transgender (LGBT) community. Societal discrimination
against persons with HIV was significant. Child labor, including forced
child labor, was a problem.
The government took few steps to prosecute or punish officials who
committed abuses, and impunity--especially in the security services--
was widespread.
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.
No action was taken against security forces that killed striking
demonstrators in 2010.
Despite the 2009 establishment of the Truth, Justice, and
Reconciliation Commission (TJRC) in response to public and
international pressure to account for the complaints lodged by victims
of political violence between 1958 and 2005, impunity remained the rule
(see section 5).
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
criminal code contains no provision defining and criminalizing torture,
and security force abuse, including torture, was a problem. Amnesty
International (AI) and local human rights organizations reported 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.
In March the Human Rights Committee of the U.N. High Commissioner
for Human Rights released a report expressing concern about allegations
of torture and mistreatment in detention, notably on the premises of
the National Intelligence Agency (NIA). The report criticized the
government for failing to investigate allegations of torture and
failing to define and criminalize torture. Local journalists who
covered the report were subsequently threatened with torture (see
section 2.a.).
The 33 persons arrested in 2009 for suspected coup plotting,
including the president's half brother Kpatcha Gnassingbe, were tried
and convicted by the Supreme Court in September. Several of those
convicted claimed they were tortured while in NIA custody. Kossi
Adjinon, an army captain, said his hands were tied to a bar from which
he was suspended for three days. Former police chief Olivier Amah
Other, who suffered from hypertension, claimed he was kept in solitary
confinement for three months and denied medical services. Other
suspects claimed they were chained naked to walls, beaten, and denied
food. Gnassingbe and former army chief Assani Tidjani were sentenced to
20 years' imprisonment. Sentences for the other suspects ranged from 12
months to 20 years.
Most of the detainees were held by the NIA and charged with
offenses against the security of the state, conspiracy, rebellion, and
``voluntary violence.'' According to AI, some of the detainees
initially were held incommunicado, and several were denied family
visits. Lawyers sometimes were denied access to their clients. The
International Committee of the Red Cross (ICRC) and other human rights
organizations were initially denied access to the detainees, but
subsequently were granted access.
The allegations of NIA torture made by the prisoners at their trial
subsequently were referred to the governmental National Commission for
Human Rights, which published its report on February 17. The report
confirmed most of the allegations and issued recommendations, including
punishing the individuals responsible, compensating victims, and
improving oversight of the NIA.
Prison and Detention Center Conditions.--Prison conditions remained
harsh and life threatening 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 1,964 prisoners. In 2009 the
media reported that prisoners were dying of hunger and received
typically one meal a day worth 150 CFA francs ($0.31). In 2010 the
warden of the central prison confirmed that adult prisoners received
one meal a day, and juveniles were provided three. Prisoners had access
to potable water, but 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 23 prisoner deaths
during the year from various causes, including asthma, hypertension,
and tuberculosis.
As of October 28, there were 4,334 prisoners in the country's 12
prisons and jails, of whom 92 were female. There were 30 juveniles held
in the Brigade for Minors during the summer, six 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 held with 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.
There were no ombudsmen who served on behalf of prisoners and
detainees. There were no alternatives to incarceration, and no
improvements were made to the status and circumstances of juvenile
confinement, pretrial detention, or recordkeeping procedures. However,
the Ministry of Justice continued to work on ameliorating these
problems through its multiyear reform program financed by the European
Union.
Local nongovernmental organizations (NGOs) accredited by the
Ministry of Justice could visit prisons anytime, although the
accreditation process could take up to a year. International NGOs are
required to negotiate an agreement with the government to gain similar
access to prisons. During the year the ICRC and other international
human rights organizations were allowed prison access. Only
internationally recognized groups such as the Office of the U.N. High
Commissioner for Refugees (UNHCR) and the ICRC were granted access to
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. Abuses by security forces were subject to internal
disciplinary investigations and criminal prosecution by the Ministry of
Justice, but this rarely occurred. The government generally neither
investigated nor punished effectively those who committed abuses.
Police often failed to respond to societal violence.
In June the army created a special unit of military police to
enforce discipline among soldiers in Lome. Although no official figures
were published, numerous soldiers were jailed for various infractions.
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 without warrants
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.
Arbitrary Arrest.--Security forces arbitrarily arrested persons
during the year.
For example, on December 10, security forces arrested Adou Seibou,
the president of MEET (a University of Lome student group leading
demonstrations) and 10 other students. Seibou and the other 10 were
released the same day.
Demonstrators were arbitrarily arrested during the year (see
section 2.b.).
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.
The 33 persons arrested in 2009 for suspected coup plotting,
including Kpatcha Gnassingbe, one of the president's half brothers and
a national assembly member, were convicted and sentenced during the
year (see section 1.e.).
Pretrial Detention.--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.
Amnesty.--On January 5, the president pardoned 270 prisoners, most
of whom were pretrial detainees who had served the same time in prison
or longer than they would have served if convicted.
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 party 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,
and 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 sometimes provided attorneys
for the indigent in criminal cases. 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 did not extend these rights to persons tried 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 33 persons arrested in 2009
for suspected coup plotting, including the president's half brother
Kpatcha Gnassingbe, were tried and convicted by the Supreme Court in
September (see section 1.e.). Several of those convicted claimed they
were tortured while in NIA custody (see section 1.c.).
Regional Human Rights Court Decisions.--In November 2010 the
Constitutional Court ruled that nine parliamentary deputies were
properly stripped of their seats for changing political party
affiliation from the Union for Forces of Change (UFC) to the National
Alliance for Change (ANC). The nine deputies, including prominent
opposition leader Jean-Pierre Fabre, appealed the decision to the
Inter-Parliamentary Union and the court of the Economic Community of
West African States, both of which ruled in favor of the ANC during the
year. However, neither the government nor the Constitutional Court had
reinstated any of the nine by year's end.
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.--Status of Freedom of Speech and
Press.--Although the constitution provides for freedom of speech and
press, the law imposes severe penalties on journalists responsible for
``serious errors.'' The government restricted these rights in practice,
although less so than in previous years. Impunity for past crimes
against journalists and defamation suits encouraged self-censorship.
Freedom of Speech.--Unlike in previous years, there were no reports
that persons were reluctant to criticize the government publicly or
privately due to past violent reprisals by government agents and the
possibility of civil liability.
Freedom of Press.--The government owned and operated one daily
newspaper, and there were two independent dailies. Approximately 30
privately owned newspapers were published with some regularity. There
was a lively independent press, most of which was heavily politicized,
with some newspapers highly critical of the government.
Violence and Harassment.--During the year journalists formed a
group called ``SOS Journalists in Danger'' after receiving an anonymous
note--allegedly from the government--threatening 10 prominent
journalists because of their critical reporting on the government and
the NIA. The note, which was widely reported in the local press, quoted
a senior official as saying that the 10 journalists were under
surveillance and would ``soon come to taste the torture they are
talking about.'' The note added that the journalists would be
physically harmed by ``faked accidents, poisoning, and made-up
stories.'' The 10 journalists cited had covered a March report by the
Human Rights Committee of the U.N. High Commissioner for Human Rights
expressing concern about allegations of torture and mistreatment in
detention, particularly at the premises of the NIA. Colonel Dokisime
Gnama Latta, the minister of security and civil protection, said the
allegations in the note represented ``an outrageous campaign'' of
``fantastic cock-and-bull stories'' and called the list ``fictitious.''
None of the journalists threatened had been harmed by year's end.
Information surfaced during the year that in August 2010 gendarmes
assaulted Didier Ledoux, a journalist with the daily Liberte Hebdo,
while he was photographing the main Lome law courts, where defamation
suits were being heard against two newspapers. According to Ledoux, the
gendarmes dragged him to one of their vehicles, beat him, forced him
into the vehicle, and took him to a nearby gendarmerie barracks. Within
minutes of the arrest, the Union of Independent Journalists of Togo and
the Committee of Newspaper Owners telephoned the head of the
gendarmerie, who subsequently released Ledoux.
In November 2010, plain-clothes gendarmes shot cameraman Tony
Sodiji with a tear gas grenade at close range. Sodiji was filming a
demonstration. In September 2010 gendarmes stabbed Sodji while he was
covering a demonstration.
Censorship or Content Restrictions.--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. The HAAC has the power to impose severe
penalties--including suspending publications for up to six months,
withdrawing press cards, and seizing equipment from journalists--for
vaguely defined ``crimes.'' Unlike in the previous year, the HAAC did
not suspend any publications or withdraw press cards.
On August 29, the Tribune d'Afrique, a newspaper based in Benin but
with a bureau in Lome, resumed distribution after it had been banned.
In August 2010 a criminal court judge banned indefinitely the
distribution of the newspaper, which had published an investigative
series on the alleged involvement of Mey Gnassingbe, a half brother of
the president, in drug trafficking. Regarded as a critic of the
government, Tribune d'Afrique often has been targeted by government
authorities in recent years and has been summoned by the HAAC
approximately 20 times since it published a 2009 article on the
president's weekend palace in Agou. The resumption of distribution in
Togo was the result of a July 14 decision by a Lome appeal court
reducing the damages against the newspaper from 60 million CFA francs
($125,000) to 10 million CFA francs ($20,800) and limiting the
distribution ban to a period of three months, which expired in November
2010.
Libel Laws/National Security.--On November 2, a Lome criminal court
ordered the privately owned weekly L'Independant Express to pay 200
million CFA francs ($415,000) in damages and a fine of 800,000 CFA
francs ($1,663) to Julie Beguedou, the CEO of the rice-import company
Elisee Cotrane. On August 16, an article in the newspaper accused
Beguedou of planning to flood the local market with toxic rice. In a
letter to the justice minister, Reporters without Borders (RSF)
characterized the story as harsh and damaging, but said the damages
were exorbitant and likely to bankrupt the newspaper. RSF underscored
that lawsuits against the media should not be motivated by the goal of
intimidating journalists into self-censorship.
Radio remained the most important medium of mass communication, and
there were approximately 100 radio stations, most of which were
privately owned.
On February 2, the National Press Owners Committee, the Togo Union
of Independent Journalists, and the Togolese Media Monitoring Center
launched a campaign to draw attention to the November 2010 closure of
three independent radio stations by the Posts and Telecommunications
Regulation Agency (ART&P). The campaign included ``Togo without media''
days of action, sit-ins outside government agencies, and protest
marches in various cities. The three stations--Providence, Metropolys,
and X-Solaire--were closed for not having proper operating permits or
meeting technical requirements. On March 16, the ART&P ordered the
closure of Carre Jeune, a community radio station, on the grounds of
``nonrespect for professional standards.'' By year's end, Providence,
Metropolys, and Carre Jeune radio stations had obtained the required
documentation and were permitted to resume broadcasting. Radio X-
Solaire, however, remained closed.
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.
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.
On May 16, the National Assembly passed a law to strengthen the
right to peaceful protest. The law extends the advance notification
requirement to obtain a permit to demonstrate from 48 hours to 72
hours, but provides for default permission to demonstrate in the
absence of a governmental response and provides the right to appeal any
denial of permission to a court. While originally supportive of the
law, the ANC subsequently charged that the law was a maneuver to stifle
the right to demonstrate because of a provision holding protest
organizers responsible for any damage to property resulting from the
protest. Observers noted that although the law strengthened the right
to protest and reduced the prospect of violent government crackdowns on
demonstrators, it was not widely understood or applied, particularly
outside of the capital.
On March 17, security forces in Lome fired rubber bullets and
canisters of tear gas at supporters of ANC leader Jean-Pierre Fabre,
who had called for a demonstration against the government's attempt to
regulate public protests. Several demonstrators were injured and some
were arrested. Colonel Yark Damehane, commander of the National
Gendarmerie, said the demonstrations were ``unauthorized and therefore
illegal.''
Several times during the year, government security forces prevented
Jean-Pierre Fabre from leaving his home to join ANC protest marches.
In May and June, gendarmes at the University of Lome used tear gas
to break up peaceful student demonstrations against changes to the
curriculum. Some students were injured.
The results of an inquiry into the violent dispersion of a June
2010 demonstration to protest rising fuel prices were not released by
year's end. The gendarmerie used live ammunition, batons, and tear gas
to disperse demonstrators, resulting in several deaths and numerous
injuries.
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.--See the Department of State's
International Religious Freedom Report at http://state.gov/j/drl/irf/
rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The law provides for freedom of
movement within the country, foreign travel, emigration, and
repatriation; however, the government restricted some of these rights
in practice. The government cooperated with the UNHCR and other
humanitarian organizations in providing protection and assistance to
internally displaced persons, refugees, returning refugees, asylum
seekers, stateless persons, and other persons of concern.
In-country Movement.--Checkpoints with armed security personnel and
arbitrary searches of vehicles and individuals were common. There were
four official checkpoints in the country as well as numerous unofficial
checkpoints where security forces solicited bribes and impeded
movement.
Exile.--The constitution prohibits forced exile, and the government
did not employ it. Several opposition and human rights workers remained
in self-imposed exile, claiming they feared arrest. However, many who
fled in the early 1990s returned, including the current foreign
minister.
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.
More than 7,000 Ivoirian refugees entered Togo to flee the
political violence following presidential elections in Cote d'Ivoire in
December 2010. The government initially granted automatic refugee
status and built a camp at the site of a former hotel outside Lome. As
the number of new arrivals slowed and others returned to Cote d'Ivoire,
the government began screening new arrivals during the year to
determine refugee status.
In March and again in April of 2010, approximately 300 Ghanaian
refugees fled a violent land dispute in northeast Ghana and crossed the
border into Togo. Many of the refugees initially lived in schools and
other public buildings or stayed in tents provided by the government.
The refugees remained in Togo and by year's end had settled in tents
and more permanent shelters constructed with UNHCR and government
support.
Temporary Protection.--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
2010 presidential election. The government remained highly centralized.
Elections and Political Participation.--Recent Elections.--In March
2010 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.
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.
Political Parties.--The RPT party dominated politics and maintained
firm control over all levels of government. RPT membership conferred
advantages, such as better access to government jobs. While the legal
restrictions on demonstrations nominally applied to all parties, they
were enforced primarily on opposition parties. Security forces banned
and dispersed opposition demonstrations and arrested participants (see
section 2.b.).
During the year the government refused to reinstate nine opposition
parliamentary deputies who were stripped of their seats for changing
political party affiliation in 2010 (see section 1.e.).
Participation of Women and Minorities.--There were eight female
members in the 81-seat 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
Although the law provides criminal penalties for official
corruption, the government did not implement the law effectively, and
officials frequently engaged in corrupt practices with impunity.
According to the World Bank's Worldwide Governance Indicators for 2010,
government corruption was a severe problem.
Corruption was common among prison officials, police officers, and
members of the judiciary.
During the year a former prime minister and two former ministers
were convicted in absentia of embezzlement.
In July 2010 a disciplinary committee was established to
investigate corruption in the customs administration, and
investigations and disciplinary actions were conducted during the year,
although statistics were unavailable.
An independent court with an autonomous budget to oversee public
expenditures began operations in July 2010 and continued its audit of
government expenditures in previous years, working its way to the
present.
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 its Web site.
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.
Information surfaced during the year that in November 2010,
security forces forcibly dispersed a march organized by several human
rights organizations to protest the government's repeated violations of
the right to peaceful assembly. Several demonstrators were injured.
U.N. and Other International Bodies.--The government generally
cooperated with international governmental organizations and permitted
visits by U.N. representatives or other organizations such as the ICRC
(see section 1.c.).
The TJRC, which has no power to prosecute or grant amnesty, was
established in 2009 in response to public and international pressure to
address the complaints lodged by victims of political violence between
1958 and 2005. By the end of 2011, the TJRC had collected more than
20,000 statements, opened 7,936 case files, and held numerous public
hearings around the country. Although the commission can recommend
prosecutions, no such recommendations had been issued by year's end,
nor had the commission issued its recommendations concerning
reparations. The commission held public hearings and continued taking
individual statements during the year, but no victims of human rights
violations received any reparations.
Government Human Rights Bodies.--A permanent human rights committee
exists within the National Assembly, but it did not play any
significant role in policymaking or exercise independent judgment.
The governmental National Commission for Human Rights investigated
numerous allegations of human rights abuses, including torture at the
NIA.
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.--Rape and Domestic Violence.--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 more than 50 persons were
arrested for rape. At year's end 46 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.
Female Genital Mutilation (FGM).--(see section 6, Children).
Sexual Harassment.--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. While the law states that harassment is illegal and can
be taken to court, no specific punishment is prescribed.
Reproductive Rights.--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 according to
estimates from the U.N. Population Fund, only 11 percent of women
between 15 and 49 years old used a modern method of contraception.
Approximately 62 percent of births were attended by skilled healthcare
personnel. In May the government began providing free cesarean sections
in response to the high mortality rate of mothers and babies in
cesarean births. However, the government did not provide free
childbirth services generally, 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 estimated at 350 deaths per
100,000 live births in 2008, according to U.N. statistics from 2010.
Only heterosexual men and women received equal access to diagnosis and
treatment for sexually transmitted infections, but women were more
likely than men to seek treatment and refer their partners.
Discrimination.--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 2010 President Faure launched a
campaign to improve women's health and reduce infant mortality. The
president also increased financial support to the effort, although at a
lower level than originally promised.
Children.--Birth Registration.--Citizenship is derived either from
birth within the country's borders or from the parents.
Education.--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 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.--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 government maintained 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 curricula to educate children on
human rights and, working with UNICEF, trained teachers on children's
rights.
Child Marriage.--According to several international organizations,
child marriage, especially in the north and among Muslims, existed on a
small scale. Cases often were not reported as parents willingly gave
their children in marriage.
Harmful Traditional Practices.--The law prohibits FGM, which was
perpetrated on approximately 1 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.
Sexual Exploitation of Children.--The law prohibits the sexual
exploitation of children and provides penalties of between one to five
years' imprisonment and fines from 100,000 to one million CFA francs
($208 to $2,080) for offenders. For violations involving children under
15, prison sentences can be up to 10 years. The minimum age of
consensual sex is 16. The law prohibits child pornography and provides
for penalties of five to 10 years in prison. Minors engaged in
prostitution.
Displaced Children.--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.
International Child Abductions.--The country is not a party to the
1980 Hague Convention on the Civil Aspects of International Child
Abduction.
Anti-Semitism.--The Jewish community was very small, and there were
no reports of anti-Semitic acts.
Trafficking in Persons.--See the Department of State's Trafficking
in Persons Report at http://state.gov/j/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 to fight discrimination and to promote equality; it
also distributed food and clothing and provided some skills training to
persons with disabilities.
National/Racial/Ethnic Minorities.--The dominance in private sector
commerce, professions, and public/ military service of members of
southern ethnic groups of the former and current presidents' ethnic
group 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 consensual same-sex sexual act may be punished by one
to three years' imprisonment and fined 100,000 to 500,000 CFA francs
($208 to $1,041). There were no prosecutions for homosexuality or the
often related charge of indecent assault. The eight persons arrested
for same-sex sexual conduct in 2010 remained incarcerated.
Societal discrimination based on sexual orientation and gender
identity occurred, and there were no known lesbian, gay, bisexual, and
transgender organizations.
Other Societal Violence or Discrimination.--The 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. Freedom of Association and the Right to Collective Bargaining.--
The constitution and law provide workers, except security forces
(including firefighters and police), with the right to form and join
unions and bargain collectively. Workers have the right to strike,
including government health workers, although striking health care
workers may be ordered back to work as necessary for the personal
security and wellbeing of the population. The law prohibits retribution
against strikers by employers, and antiunion discrimination was
prohibited. The law provides exemptions from some provisions of the
labor code. For example, the law does not recognize the trade union
rights of workers in the export processing zones (EPZs). Unions
generally are not allowed free access to EPZs or the freedom to
organize workers. The law does not provide EPZ workers with protection
against antiunion discrimination, notably with regard to hiring and
firing.
The right to collective bargaining is recognized by law, but is
limited to 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.
While freedom of association and the right to organize were
generally respected, particularly outside the EPZs, the Ministry of
Labor, Employment, and Social Security often failed to enforce the
prohibition against antiunion discrimination. Employees of EPZ firms
did not enjoy the same protection against antiunion discrimination as
did other workers, although two unions representing EPZ workers were
created in late 2009.
Worker organizations were independent of the government and
political parties.
b. Prohibition of Forced or Compulsory Labor.--The labor code
prohibits all forms of forced or compulsory labor, including by
children; however, the government did not enforce the law effectively.
Forced labor occurred in practice. 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 and girls were subject to forced labor as domestic
servants. Children were trafficked into indentured servitude.
According to government statistics, 278 victims of trafficking were
removed during the year. In 2010 the government doubled the number of
workplace inspectors to 62. During the year the government conducted
training and awareness activities with various officials, such as
police and customs inspectors as well as private businesses. In
addition, work increased with local committees that serve both to raise
awareness of trafficking and forced labor and to report instances of
either. With help from UNICEF, during the year the government began
providing funds to poor families with very young children considered at
risk for trafficking.
Also see the Department of State's Trafficking in Persons Report at
http://state.gov/j/tip.
c. 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 or type of work, prohibits 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. For some types of
industrial and technical employment, the minimum age is 18. The child
code of 2007 prohibits the employment of children in the worst forms of
child labor, including trafficking, prostitution, pornography, and the
use of children in armed conflict. However, the law also authorizes the
employment of children 16 years and older in sectors likely to harm
their health, safety, or morals.
The Ministry of Social Action and National Solidarity was
responsible for enforcing the prohibition against the worst forms of
child labor. However, the government did not effectively enforce child
labor laws. Ministry inspectors enforced these age requirements, but
only in the formal sector in urban areas. Due to limited resources, the
enforcement of child labor laws was weak, and penalties were
insufficient to deter violations. 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,
ILO, NGOs, labor unions, and other partners to raise awareness of child
labor in general and forced labor in particular.
Child labor was a problem. According to UNICEF, 29 percent of
children between the ages of five and 14 years were engaged in work.
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. 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.
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).
Also see the Department of Labor's Findings on the Worst Forms of
Child Labor at http://dol.gov/ilab/programs/ocft/tda.htm.
d. Acceptable Conditions of Work.--The government sets minimum
wages for different labor categories, ranging from unskilled through
professional positions. During the year the minimum wage was raised to
35,000 CFA francs ($73) per month. The Ministry of Labor, Employment,
and Social Security is responsible for enforcement of the minimum wage
system, especially in the private sectors.
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. 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. Workers have the legal right to remove
themselves from unsafe conditions without fear of losing their jobs.
Labor laws also provide protection for legal foreign workers. Workers
in the informal sector and EPZ workers, however, were not covered by
these laws.
The Ministry of Labor, Employment, and Social Security, which had
62 labor inspectors, did not effectively enforce the law.
Employers often ignored applicable laws. Employers often paid less
than the official minimum wage, mostly to unskilled workers. Many
workers supplemented their incomes through second jobs or subsistence
farming.
In October the government implemented for the first time a health
insurance plan for public sector employees. 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.
__________
UGANDA
executive summary
Uganda is a constitutional republic led since 1986 by President
Yoweri Museveni of the ruling National Resistance Movement (NRM) party.
Voters reelected Museveni to another five-year term in February. While
the elections marked an improvement over previous elections, they were
marred by irregularities. State security forces (SSF) generally
reported to civilian authorities.
The three most important human rights problems in the country were
lack of respect for the integrity of the person (including unlawful
killings, torture, and other abuse of suspects and detainees);
unwarranted restrictions on civil liberties (freedom of assembly, the
media, and association); and violence and discrimination against
marginalized groups (women, including female genital mutilation
victims; children, including victims of sexual abuse and ritual
killing; persons with disabilities; and the lesbian, gay, bisexual, and
transgender community).
Other human rights problems included mob violence; harsh prison
conditions; official corruption; arbitrary and politically motivated
arrest and detention; incommunicado and lengthy pretrial detention;
restrictions on the right to a fair trial; electoral irregularities;
trafficking in persons; and forced labor, including child labor.
The Lord's Resistance Army (LRA), driven out of the country in
2005, continued to hold children forcibly abducted from the country.
The governments of Uganda, South Sudan, the Central African Republic
(CAR), and the Democratic Republic of the Congo (DRC) continued
military actions against the LRA.
SSF and other government agents committed human rights abuses,
generally with impunity. The government took minimal steps to hold
perpetrators accountable.
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, as SSF killed opposition party demonstrators and
other citizens.
SSF's use of excessive force and live ammunition to disperse
antigovernment demonstrations in April and May resulted in at least 10
deaths, including a two-year-old girl in Masaka. Authorities arrested
reserve police officer Paul Mugenyi for the April 20 killing of the
two-year-old girl but held no one accountable for the nine other
killings. Police also arrested police officers Aggrey Arineitwe and
James Babaranda for the April 11 killing of a 16-year-old-girl in
Kabale, who was shot and killed by police using live ammunition to
disrupt a strike at a secondary school. Arineitwe was released for lack
of evidence, and charges against Mugenyi and Babaranda were pending at
year's end.
Excessive force and the indiscriminate use of live ammunition by
SSF, including 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, on September 5, the UPDF
killed six Karamojong cattle rustlers in two operations to recover
stolen cattle in Kaabong District.
There were developments in some cases from previous years involving
deaths caused by government security forces.
During the year an internal police investigation into the death of
Henry Bakasamba, who died in May 2010 in the custody of the Police
Rapid Response Unit (RRU) in Kampala, exonerated RRU officers Disinga
Abangu and David Mulwanira. In 2010 RRU officers Abangu, Mulwanira,
Alex ``Eddy'' Muhiirwe, David Osaulo, and Famba Suli were arrested for
allegedly murdering Bakasamba. Police claimed Suli remained in jail but
were unable to provide the date or location of his incarceration. The
whereabouts of Muhiirwe and Osaula were unknown. During the year police
also released on bail three RRU officers--Dhikusoka Ramadan, Mohamed
Kavuma, and Zikusoka Hussein--who were arrested in 2010 for allegedly
killing suspect Frank Ssekanjako in August 2010 while in RRU custody.
No terrorist attacks occurred during the year. On September 12, the
government commenced legal proceedings against 14 suspects accused of
orchestrating the July 2010 terrorist bombings in Kampala that killed
76 people. That same day the government dropped pending terrorism
charges against Kenyan human rights activist Al Amin Kimathi and four
others who had been arrested in connection with those same bombings and
released them from custody. On September 16, the High Court convicted
and sentenced two July bombing suspects who pled guilty, Idris Nsubuga
and Mahmood Mugisha, to 25 years for terrorism and five years for
conspiracy. The case against the remaining 12 suspects was pending at
year's end.
b. Disappearance.--There were reports of politically motivated
abductions or kidnappings. For instance, on January 18, opposition
Democratic Party (DP) mobilizer Annette Namwanga was kidnapped by
unidentified individuals from her job at Mulago Hospital. On January
25, the Chieftaincy of Military Intelligence (CMI) acknowledged
arresting Namwanga. On February 6, Namwanga and nine others were
charged with terrorism and remanded to prison. On April 1, the High
Court released Namwanga on bail. Charges against her remained pending.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution and law prohibit such practices.
Nevertheless, there were credible reports that SSF tortured and beat
suspects (see section 1.a.).
The Uganda Human Rights Commission (UHRC) and international and
local human rights organizations reported incidents of torture by SSF,
including caning, severe beating, squeezing of private parts, stabbing,
kicking, tying of limbs in contorted positions, forced marching, rape,
water torture, tearing off of fingernails, burning with molten plastic,
and cutting off of body parts. From January to June, the African Center
for Treatment and Rehabilitation of Torture Victims (ACTV) registered
214 allegations of torture against the police, 24 against the UPDF,
three against military police, 46 against the RRU, 14 against
unspecified security personnel, and 17 against prison officials.
There were numerous reports of torture and abuse in detention
facilities operated by CMI, CMI's Joint Antiterrorism Taskforce (JATT),
and the RRU. On March 23, Human Rights Watch (HRW) published a report
on extrajudicial killings, torture, and illegal detention by the RRU.
HRW accused the RRU of committing six extrajudicial killings in 2010
and criticized the government for failing to investigate or prosecute
abusive officers. The report heightened concerns that the RRU, CMI, and
JATT operated under unclear mandates and committed serious abuses with
impunity. In December police acknowledged the RRU's record of human
rights abuses and disbanded the unit.
SSF's use of excessive force resulted in injuries during arrests
and law enforcement operations. In April and May, for instance, SSF
beat and injured numerous civilians during antigovernment walk-to-work
protests. On April 14, SSF's use of live ammunition to disrupt walk-to-
work protests seriously wounded a pregnant woman and one student. On
April 29 and May 12, dozens of people, including some journalists, were
beaten by SSF during protests in Kampala and Entebbe. On April 28, SSF
arrested opposition Forum for Democratic Change (FDC) party leader
Kizza Besigye by breaking a window of Besigye's car and spraying him
with large amounts of a noxious chemical at point-blank range. Besigye
suffered temporary damage to his eyes. Police took no action against
officer Gilbert Arinaitwe and other SSF members who used excessive
force to arrest Besigye.
In August a British national accused CMI and JATT of abducting him
on May 21, holding him incommunicado for 28 days, and torturing him.
During the year the UHRC awarded 1.1 billion Uganda shillings
($400,000) to victims of torture and other abuses. In its 2010 annual
report, the UHRC reported registering 797 human rights complaints
against 743 individuals, including 84 UPDF members, 305 police
officers, 93 personnel of other security agencies, 30 prison warders,
and 231 private citizens. Of the 797 complaints, 28 percent involved
allegations of torture or cruel, inhuman, or degrading treatment and
punishment. During the year the Police Disciplinary Court issued a
written reprimand to RRU officer Nathan Byona and senior police
officers Nixon Karuhanga and Julius Kwikirizi for torture, extortion,
and mismanagement and reduced their pay.
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 sections 1.a. and 6).
Prison and Detention Center Conditions.--Prison conditions remained
poor and, in some cases, life threatening. There were reports that SSF
tortured inmates, particularly in military facilities and unregistered
detention centers. Abusive forced labor in prisons countrywide remained
a problem.
Serious problems in prisons included long remand periods,
overcrowding, and inadequate staff. 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. Prisons outside Kampala lacked food, water,
medical care, and bedding. In March HRW and the NGO Advocates Without
Borders (AWB) released detailed reports on prison conditions. HRW
described prison conditions as bordering on inhuman, with degrading
treatment and torture. HRW cited overcrowding, long remand periods, and
reports of prisoners being beaten by prison warders. HRW also reported
that prison officials often subjected prisoners to hard labor and
routine abuse. The AWB report alleged inmates were held in places that
did not meet international human rights standards for food, water,
medical care, and basic hygiene. Prison authorities estimated more than
half the prison population was on remand or pretrial detention and had
not been convicted. In 2010 the Ministry of Justice reported that the
average remand period for prisoners was reduced from 27 months in 2009
to 15 months. Data for 2011 was unavailable.
The Uganda Prisons Service reported 31,749 prisoners in the system
at the end of August. The approved holding capacity of prisons is
13,670 prisoners. 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 194. The Naguru Reception Center,
designed for 30 children, held 180 juveniles. The Prisons Service
recorded 84 prisoner deaths nationwide from January to August from
torture, overcrowding, malnutrition, poor sanitation, disease,
overwork, or lack of medical care.
Information was unavailable on conditions in unregistered and
illegal detention facilities, although SSF allowed the UHRC and some
international NGOs access to selected unregistered facilities.
Observers reported poor conditions and numerous cases of abuse in
illegal detention facilities or ``safe houses.''
Although female prisoners in central prisons were held in separate
facilities, 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, and 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. Elsewhere they 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 to conduct prison visits during the
year but required advance notification.
Prison authorities reported improvements in recordkeeping by the
introduction of computers up to the regional level, provision of
plastic water tanks, and adoption of a new sanitation system at several
prison facilities. Community service is statutorily available as a
sentencing option. Prison authorities reported that more than 100,000
persons were sentenced to community service during the year.
d. Arbitrary Arrest or Detention.--Although the constitution and
law prohibit such practices, SSF sometimes arrested and detained
persons arbitrarily. For instance, from February 5 to 7, police in
Kampala arrested and later released without charge 16 civil society
activists for distributing anticorruption leaflets. In March and April,
SSF arbitrarily arrested hundreds of civilians, including many main
opposition party leaders, for participating in a ``walk-to-work''
campaign against rising prices (see section 1.e.). On July 13, in Lira,
SSF arrested and held radio journalist Augustine Okello incommunicado
for two weeks. He was brought to court and charged with treason after
the Human Rights Network for Journalists (HRNJ) sued the police, the
chief of the defense forces, and CMI. In August a British national
accused CMI and JATT of abducting him on May 21, holding him
incommunicado for 28 days, torturing him, and extorting money. On June
17, he was released from custody without having been charged (see
section 1.b.). On several occasions during the year, police placed
opposition FDC party president Kizza Besigye under ``preventive
arrest'' by surrounding his home and prohibiting him from leaving.
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 also had significant responsibility for implementing the
disarmament campaign in Karamoja, providing election-related security,
and responding to walk-to-work protests. The Internal Security
Organization (ISO) and External Security Organization (ESO), security
agencies and intelligence-gathering entities under the Minister of
Security, occasionally detained civilians. 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 JATT, an interagency paramilitary group under 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, UPF, ISO, and ESO.
The UPF were constrained by limited resources, including low pay
and lack of vehicles, equipment, and training. The UPF's Professional
Standards Unit (PSU) investigated complaints of police abuses,
including torture, harassment, unlawful arrest and detention, abuse of
office, irregular or discreditable conduct, mismanagement of case
papers, and corrupt practices. From January to November, the PSU
received 218 reports of human rights violations and unprofessional
conduct. The PSU was unable to provide information on the number of
cases acted upon during the year.
The UPDF continued efforts to transfer responsibility for law
enforcement in the North and in the Karamoja region to UPF. In 2010 the
UPF deployed an estimated 2,000 additional police officers to Karamoja.
In conjunction with the UHRC and international organizations
including the International Committee of the Red Cross (ICRC) and the
Office of the High Commissioner for Human Rights (OHCHR), the UPDF and
UPF continued to train officers on internationally recognized human
rights standards. During the year 1,057 police officers attended human
rights and constitutional workshops. The UPF, 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 arrest warrants before
arrests are made. However, in practice suspects were often arrested
without warrants. The law requires suspects to be charged within 48
hours of arrest, but suspects frequently were held longer. While
suspects arrested under the Antiterrorism Law must be brought to trial
or released on bail within 120 days (360 days if charged with a capital
offense), if the case is presented to the court before the expiration
of this period, there is no limit on further 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, albeit with stringent conditions. Detainees are required by
law to have access to a lawyer, but many were denied their legal right
to representation. According to the law, the government provides
attorneys for indigent defendants charged with capital offenses, but in
practice funds were rarely available to retain counsel.
Incommunicado detention remained a problem, particularly with
regard to CMI, JATT, and the RRU. Local and international human rights
groups reported that the government detained civilians in military
facilities and unregistered detention facilities known as ``safe
houses,'' where detainees often were held incommunicado and abused.
Human rights groups expressed concerns about the treatment of
individuals arrested by the UPDF in Karamoja in conjunction with the
UPDF's response to cattle raids and the government's disarmament
campaign (see section 1.a.).
Arbitrary Arrest.--Arbitrary arrests during police sweeps remained
a problem, as did arbitrary arrests based on alleged sedition, treason,
promoting sectarianism, incitement of violence, or terrorism charges.
During the year several hundred people were also arbitrarily arrested
for participating in, or being in proximity to, protests organized by
opposition parties and civil society (see section 1.e.). The government
paid compensation to some victims of arbitrary arrest, but compensation
was often paid slowly.
Pretrial Detention.--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 sections 1.a., 1.b., and
1.c.). Case backlogs in the judicial system routinely 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 31,749 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 blanket amnesty to
former LRA and Allied Democratic Forces rebel combatants to encourage
defections. More than 26,000 individuals have received amnesty since
2000, and more than half of these are former LRA combatants. During the
year the government approved 29 amnesty cases. On September 22, the
Constitutional Court upheld the constitutionality of the Amnesty Act,
ruled that the Department of Public Prosecutions (DPP) illegally denied
LRA Colonel Thomas Kwoyelo's request for amnesty, awarded Kwoyelo
amnesty, and ordered his release from prison. Kwoyelo was captured by
the UPDF in the DRC in 2009 and is accused of dozens of murders,
mutilations, and abductions. The government claimed Kwoyelo's alleged
crimes make him ineligible for amnesty and refused to release him from
prison. Kwoyelo remained in custody at year's end.
e. Denial of Fair Public Trial.--The constitution and law provide
for an independent judiciary, and the government generally respected
this provision in practice. 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. The law establishes a court martial appeals process. Sentences,
including the death penalty, can be appealed only to the senior UPDF
leadership. Under circumstances deemed exigent, a field court martial
can be convened at the scene of an alleged crime. The law does not
permit appeal of a conviction under a field court-martial. Despite a
2006 court ruling prohibiting the military from trying civilians in
military tribunals, this practice continued. In July HRW issued a
report documenting the prosecution of civilians in military courts and
reported that at least 1,000 civilians had been court-martialed since
2000. In September the UPDF announced that it would end the practice of
trying civilians in military tribunals.
Trial Procedures.--An inadequate system of judicial administration
and a lack of resources resulted in a serious backlog of cases and
impaired the right to a fair trial. There is a presumption of
innocence. All nonmilitary trials are public, but juries are not used.
Defendants have the right to be present and consult with an attorney in
a timely manner. The law requires that the government provide an
attorney for indigent defendants accused of capital offenses, but funds
were rarely available to provide counsel. By law defendants may
confront or question witnesses against them and present witnesses and
evidence on their behalf, but this right was sometimes not respected in
practice. In 2008 the Constitutional Court ruled that defendants have
the right to obtain documentary evidence the state intends to use
against them before trial starts. However, the ruling stated that the
right of disclosure is not absolute in highly sensitive cases.
Defendants have the right of appeal.
Suspects complained of long remand periods. For instance, in June
the UPDF released three soldiers--Emmy Namanya, Moses Keriri, and Yason
Babishanga--who were arrested between 2002 and 2004 on suspicion of
murder but never formally charged.
In September authorities reported 60,649 criminal cases disposed of
and 60,986 criminal cases filed during the year.
Political Prisoners and Detainees.--While there were no reports of
political prisoners during the year, hundreds of opposition
politicians, supporters, civil society activists, journalists, or
others critical of the government were detained on politically
motivated grounds for short periods. Many of these individuals were
released without charge. Others were released after being charged with
crimes such as treason, inciting violence, and promoting sectarianism.
None of the hundreds of people arrested for protesting rising prices
during the walk-to-work campaign were convicted of an offense, and
courts dismissed all walk-to-work related cases brought to trial by the
DPP for lack of evidence.
Civil Judicial Procedures and Remedies.--There is an independent
and impartial judiciary in civil matters. Victims may report cases of
human rights violations through the regular court system or the UHRC,
which has judicial powers 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. Victims can appeal their cases to the Court of
Appeal and eventually the Supreme Court, but not to an international
regional court. Civil courts and the UHRC have no ability to hold
perpetrators of human rights abuses criminally liable, and enforcement
of judgments for financial compensation was hampered by bureaucratic
delays.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The constitution and law prohibit such actions, and
the government generally respected these prohibitions in practice.
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 Regulation of Interception of Communication Bill authorizes
government security agencies to legally tap private conversations as
part of wider efforts to combat terrorism-related offenses. The
government utilized both statutes to monitor telephone conversations.
The government continued to encourage university students and
government officials to attend NRM political education and military
science courses known as ``chaka mchaka.'' While the government claimed
the courses were not compulsory, 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.--Status of Freedom of Speech and
Press.--The constitution and law provide for freedom of speech and
press. The government at times restricted these rights.
Freedom of Speech.--SSF and government officials occasionally
interrogated and detained radio presenters and 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). During the February presidential and parliamentary election
campaign period, for instance, opposition FDC party president Kizza
Besigye was denied access to numerous state-run and privately owned
radio stations. On February 17, police in Gulu arrested and later
released opposition Member of Parliament Christopher Achire for
allegedly defaming President Museveni. Achire was charged with inciting
violence and granted bail. Hearing of the case was pending at year's
end.
Freedom of the Press.--The independent media were active and
expressed a wide variety of views. Nevertheless, the government and SSF
imposed some restrictions. The UPF's Media Crimes Unit closely
monitored all radio, television, and print media, and SSF subjected
numerous journalists to harassment, intimidation, and arrest. As a
result many print and broadcast media journalists practiced self-
censorship, particularly with regard to reporting on President
Museveni, the first family, senior members of the ruling NRM party, and
the SSF. Although there are a number of private rural radio stations,
many of these were owned by government officials and ruling party
members who imposed reporting restrictions.
On January 11, for instance, police arrested the director and
editor of a monthly magazine for publishing a cartoon of President
Museveni. The two were later released without charge. In April and May,
SSF prevented journalists from covering walk-to-work protests and in
some cases threatened journalists, assaulted them, and confiscated
camera equipment. In July CMI and the RRU illegally detained radio
presenter Augustine Okello. Okello was charged with treason in August
and remained in custody at year's end.
Authorities interfered with the publication of several books
critical of President Museveni. For instance, on September 17, the RRU
arrested Vincent Nzaramba for publishing a book about Museveni's 25
years in power entitled People Power--Battle the Mighty General--He is
Finished. Police claimed the book incited violence, detained Nzaramba
at RRU's Kireka detention facility, and released him without charge on
September 22.
Violence and Harassment.--SSF arrested, assaulted, harassed, and
intimidated journalists during the year. During the February 18
presidential and parliamentary elections, SSF in Mbale shot and injured
freelance journalist Julius Odeke. The police suspended the divisional
commander and his deputy over the violence (see section 3). In August
the HRNJ reported that 55 journalists were subjected to different forms
of violence from November 2010 to April 2011 and urged the UHRC to
investigate 32 alleged acts of SSF violence against journalists. On May
12, SSF assaulted local and international journalists covering walk-to-
work protests and confiscated camera equipment. On May 17, President
Museveni publicly described several media outlets--including the Daily
Monitor, NTV, the BBC, and al Jazeera--as ``enemies of Uganda's
recovery.'' On May 24, SSF raided the offices of the local-language
Ggwanga newspaper, arrested several newspaper officials, and then
released them without charge. On December 17, SSF allegedly assaulted
Daily Monitor newspaper journalist Emmanuel Opio in Lira.
On December 1, Rwandan journalist Charles Ingabire was shot to
death in Kampala. Police made no arrests, and the investigation
continued at year's end.
Media-related charges against several journalists from prior years
remained pending at year's end. In January police dropped a case
against Radio Hoima FM reporter Frederick Makuru Muhamba for allegedly
inciting violence. Muhamba was arrested in November 2010 after
criticizing the ruling NRM party and was later released on bail.
There were no developments in the investigation of freelance
journalist Paul Kiggundu's killing. Kiggundu was beaten to death in
September 2010. Police arrested five suspects and remanded them to
prison. Their cases were pending at year's end. There were no
developments in the investigation of Prime Radio news presenter Dickson
Ssentongo's death. Ssentongo was killed in September 2010 on his way to
work in Mukono District. No arrests were made.
Censorship or Content Restrictions.--Many journalists practiced
self-censorship to avoid government intimidation or harassment. Many
rural radio stations claimed they were ordered by unnamed government
officials to deny airtime to opposition politicians, and several radio
presenters who hosted opposition members were questioned by police. The
government prevented some independent and government-owned television
and radio stations from hosting opposition political candidates
critical of the government. On April 14, the Uganda Communications
Commission (UCC) pressured local media to ban live broadcasts of walk-
to-work protests.
Libel Laws/National Security.--Libel laws and purported concerns
about national security were used to suppress criticism. According to
local NGOs, 14 journalists, civil society activists, and opposition
politicians continued to face pending sedition charges despite the
Constitutional Court's 2010 ruling declaring the sedition law
unconstitutional. On June 1, police charged Timothy Kalyegira, the
editor of online publication Uganda Record, with criminal libel for the
2010 online publication of a conspiracy theory blaming the military for
the July 2010 terrorist attacks in Kampala. At year's end hearing of
the case was pending. In October police accused opposition FDC party
women's leader Ingrid Turinawe and two others of trying to overthrow
the government through walk-to-work related activities, charged them
with the capital offense of treason, and remanded them to jail.
Turinawe and the two coaccused were released on bail on December 12.
Charges remained pending at year's end.
Internet Freedom.--Individuals and groups could generally engage in
the expression of views via the Internet, including by e-mail. However,
at times the government attempted to restrict access. For example,
during walk-to-work protests on April 13, the UCC directed Internet
service providers to block access to Facebook and Twitter for 24 hours.
Only one government-owned Internet service provider complied. On May
31, police arrested Timothy Kalyegira, the editor of Uganda Record, for
the 2010 online publication of a conspiracy theory blaming the military
for the July 2010 terrorist attacks in Kampala. Kalyegira, who had been
arrested in August 2010 and charged with sedition for the same article,
was this time charged with criminal libel and released on bail. At
year's end hearing of the case was pending.
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.
b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--While the constitution provides for freedoms of assembly and
association, the government did not respect these rights in practice.
The UPF continued to require advance notification and approval for
public gatherings, despite a 2008 Constitutional Court decision
nullifying section 32(2) of the Police Act and the requirement to
obtain written police approval for any assembly of 25 persons or more.
During the year the UPF routinely restricted the right to assemble
freely. Opposition parties and civil society organizations critical of
the government that sought UPF authorization for public gatherings
either received no official response or were instructed not to
assemble. Police often met attempts to assemble by these groups with
excessive and brutal force. For example, SSF killed at least10 people
while trying to disrupt protests over rising prices in April and May.
Many others were wounded by rubber bullets, live ammunition, and tear
gas. Police claimed harsh tactics were warranted because walk-to-work
participants refused to obtain police authorization and were inciting
violence, obstructing traffic, and adversely impacting local
businesses. During the year none of the hundreds of protesters arrested
during walk-to-work events was convicted of committing an offense.
Freedom of Association.--While the constitution and law provide for
freedom of association, the government did not always respect this
right in practice. The 2006 NGO Registration Act limits some NGO
activity and requires NGOs seeking registration to obtain letters of
approval from local government and community officials. The NGO Board,
which approves NGO registrations, reports to the Ministry of Internal
Affairs and is composed of representatives from various government
ministries, including the security services. Discriminatory aspects of
the NGO Act prevented lesbian, gay, bisexual, and transgender (LGBT)
organizations from registering as NGOs. Official registration affords
some legal protections and enables NGOs to open local bank accounts.
Police blocked meetings of members of labor unions (see section 7).
c. Freedom of Religion.--See the International Religious Freedom
Report at http://state.gov/j/drl/irf/rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution and law provide for
freedom of movement, foreign travel, emigration, and repatriation. The
government at times limited these rights in practice.
The government cooperated with the Office of the United Nations
High Commissioner for Refugees (UNHCR) and other humanitarian
organizations in providing protection and assistance to internally
displaced persons, refugees, returning refugees, asylum seekers,
stateless persons, and other persons of concern.
In-Country Movement.--Refugees were free to move without
restriction. However, for security reasons, refugees living in camps
were required to obtain an exit permit from the camp commandant.
Refugees can apply for an identification card provided by the
government. The government cooperated with the UNHCR to provide travel
documents to qualified refugees wishing to travel abroad.
Foreign Travel.--A married woman must obtain her husband's written
permission on her passport application if children are to be listed on
her passport.
Internally Displaced Persons (IDPs).--According to the UNHCR, only
30,000 IDPs, or about 1.6 percent of the 1.8 million persons internally
displaced by the 20-year LRA conflict, remained in four camps in the
North at year's end as the vast majority of IDPs continued a difficult
reintegration into their original communities. Authorities continued
the process of closing IDP camps, 247 of which have been closed in
recent years. Conditions in IDP camps improved as a result of the
lowered IDP population. Many who remained in IDP camps were considered
``extremely vulnerable individuals'' due to age or disabilities,
according to international humanitarian organizations.
IDPs returning to their homes continued to encounter serious
challenges, including lack of basic services such as potable water,
health care, and schools, as well as disputes over land tenure.
According to a December 2010 Internal Displacement Monitoring Center
report, recovery programs coordinated by the government, U.N., and
development partners failed to keep pace with IDP returns because of a
lack of coordination. Although the government adopted a national IDP
policy in 2004 and became the first African country to ratify the
African Union's Convention for the Protection and Assistance of IDPs in
2010, the government continued to struggle to implement those
commitments during the year.
Protection of Refugees.--Access to Asylum.--The laws provide for
the granting of asylum or refugee status, and the government has
established a system for providing protection to refugees. As of
September the UNHCR registered 156,477 refugees and asylum seekers. The
government provides temporary protection to individuals who may not
qualify as refugees under the 1951 Refugee Convention and its 1967
Protocol. No individuals received such protection during the year. The
UNHCR reported that the government was reluctant to grant refugee
status to Rwandans pending the UNHCR cessation clause scheduled to be
implemented in 2012. The cessation clause would require Rwandan
refugees who cannot prove continuing claims of individual persecution
either to return home or apply for permanent residency in their country
of residence. There were no reports of refoulement during the year.
In 2010 a local NGO filed a case with the Constitutional Court
seeking to clarify whether the constitution provides for the
naturalization of refugees. A decision remained pending at year's end.
Between January and July, the government assisted the UNHCR in the
voluntary repatriation of 586 refugees to South Sudan.
During the year a local NGO reported attacks on Congolese LGBT
refugees by other Congolese refugees but indicated that the police
reacted in an appropriate manner.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution and law provide citizens with the right to change
their government peacefully. The February presidential and
parliamentary elections marked an improvement over previous elections
but were nonetheless marred by serious irregularities.
Elections and Political Participation.--Recent Elections.--On
February 18, the country held its fourth (second multiparty)
presidential and parliamentary election since President Museveni came
to power in 1986. President Museveni won reelection with 68 percent of
the vote. FDC president Besigye finished second with 26 percent. The
ruling NRM party captured approximately 75 percent of seats in the 375-
member parliament. While the elections and campaign period were
generally peaceful, domestic and international election observers noted
several serious irregularities. These included the diversion of
government resources for partisan gain, unfair access to the media for
NRM candidates and lack of access for opposition candidates, the heavy
deployment of SSF on election day, government intimidation,
disorganized polling stations, and the absence of many voters' names
from voter rolls. Observers claimed that many of these irregularities
could have been avoided through the appointment of a more
representative and independent Electoral Commission.
On February 23, the Electoral Commission postponed Kampala's
mayoral election after voting was disrupted by members of the Kiboko
Squad, a government-tolerated vigilante group that assaulted civilians
and some journalists with nail-studded sticks. On February 28, police
arrested the leader of the Kiboko Squad, Juma Ssemakula, but later
released him without charge. The mayoral election was rerun without
incident on March 14.
Political Parties.--Approximately 38 parties were registered. The
ruling NRM party operated without restriction, regularly holding
rallies and conducting political activities. Authorities occasionally
restricted the activities of the main opposition parties by refusing
permission for them to hold public demonstrations and preventing
opposition leaders from appearing on local radio stations. Police
arbitrarily arrested several opposition leaders during the year. For
instance, on April 18, police arrested opposition leaders Besigye,
Norbert Mao, and Olara Otunnu for their role in walk-to-work protests.
Mao spent approximately two weeks in prison. Besigye was arrested again
on April 21, charged with unlawful assembly, and imprisoned. Besigye
and Mao were released on April 28, and charges against them were later
dismissed. In March and April, SSF killed at least 10 people when it
used rubber bullets, tear gas, live ammunition, batons, and water
cannons to disperse walk-to-work protests led by opposition parties and
civil society organizations (see section 2.c.).
Participation of Women and Minorities.--There were 127 women in the
375-member parliament. Of these, 112 held seats designated for women.
There were 22 female ministers in the president's 75-member cabinet.
The speaker of parliament 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: 112
seats were reserved for women, five for organized labor, five for
persons with disabilities, five for youth, and 10 for UPDF. However,
the five persons with disabilities were selected via an opaque
``electoral college'' process organized by a single government-
supported NGO.
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 most recent Worldwide Governance Indicators reflected that
corruption was a severe problem. The government selectively enforced
financial disclosure laws. An estimated 22,000 public officials are
subject to biannual reporting requirements under financial disclosure
laws. According to the inspector general for government (IGG), 17,949
officials reported for the 2010-11 cycle, but these reports were not
made public. The law provides for public access to government
information, but the government rarely provided such access to citizens
or noncitizens. On June 2, the government passed the Access to
Information Act regulations, which allow individuals to petition any
government department to access information.
Government agencies responsible for combating corruption include
the IGG, DPP, Anticorruption Division (ACD) of the High Court,
parliamentary Public Accounts Committee, police Criminal Investigation
Division, Office of the Auditor General, and Directorate for Ethics and
Integrity. Political will to combat corruption at the highest levels of
government remained weak, and many corruption cases remained pending
for years. The ACD has two judges and three magistrates and has heard
more than 200 corruption cases since its inception in 2009. Almost none
of these cases, however, involved senior level officials.
During the year the IGG charged former vice president Gilbert
Bukenya, current Foreign Minister Sam Kutesa, NRM Chief Whip John
Nasasira, and Labor Minister Rukutana Mwesigwa with corruption-related
offences. In October Kutesa, Nasasira, and Mwesigwa took administrative
leave from their respective ministries pending resolution of these
corruption allegations. At year's end the cases against Kutesa,
Nasasira, and Mwesigwa were pending a ruling by the Constitutional
Court on whether acting IGG Raphael Baku has the authority to indict
ministers. In November the IGG ``discontinued'' prosecution of one
count of corruption against Bukenya, and in December the ACD acquitted
Bukenya of the remaining corruption charge.
Corruption in the police force and judiciary was a problem. Police
arrested several officers implicated in bribery and corruption. Several
magistrates were arrested for soliciting and receiving bribes.
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, with the exception of LGBT-related
NGOs, which were denied the ability to obtain official status due to
the discriminatory NGO Act (see section 2.b.). In March the government
denied entry to four Kenyan human rights activists who traveled to
Uganda to follow up on the case of Al-Amin Kimathi, a Kenyan citizen
who was arrested and charged in September 2010 for the July 2010
bombings and then released from custody in September 2011.
The government was responsive to some of the concerns of local and
international human rights organizations. For instance, the government
discontinued the practice of trying civilians in military tribunals
after a report by an international NGO, and the government disbanded
the RRU in response to allegations of human rights abuses. However, the
government was not responsive to many allegations of torture,
government corruption, and electoral accountability.
UN and other International Bodies.--The government cooperated with
international governmental organizations and permitted visits by the
U.N., OHCHR, ICRC, and other international organizations.
Government Human Rights Bodies.--The UHRC is a constitutionally
mandated institution with quasi-judicial powers to investigate
allegations of human rights abuses and award compensation to abuse
victims. Although the UHRC operates independently, the president
appoints its 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 pursued suspected human rights
abusers, including in the military and police forces, and had branches
countrywide. Its resources were inadequate to investigate all
complaints received.
In its 2010 annual report, released in June 2011, the UHRC reported
registering 797 human rights complaints against 845 individuals,
including 84 UPDF members, 305 police officers, 69 other security
agencies, 30 prison wardens, and 231 private citizens. Of the 797
complaints, 28 percent involved allegations of torture or cruel,
inhuman, or degrading treatment and punishment. The report urged the
government to pass pending anti-torture legislation; improve prison
conditions, particularly for women and children; eliminate illegal
detention and prolonged pretrial detention practices; and provide SSF
with increased human rights training.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The law prohibits discrimination based on race, gender, disability,
language, or social status. 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.--Rape and Domestic Violence.--The law criminalizes rape,
including spousal rape. 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, the crime was seriously underreported, and most cases were not
investigated. Police lacked the criminal forensic capacity to collect
evidence, which hampered prosecution and conviction. The 2010 police
crime report registered 709 rape cases, of which 252 were tried.
The law criminalizes domestic violence and provides penalties for
abusers ranging from fines to two years' imprisonment. However, women's
activists were concerned that regulations enforcing the law were not in
place. Although the 2010 UPF annual crime report listed 159 reported
cases of domestic violence, compared with 165 reported cases in 2009, a
decrease of 3.6 percent, these statistics substantially underestimated
the extent of the problem. Domestic violence against women remained
widespread. For instance, in November 2010 the United Nations
Population Fund reported that 60 percent of women ages 15 and above
experienced physical violence, 15 percent of pregnant women experienced
physical violence, and the first sexual encounter of 24 percent of
women was violent.
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. Between January and August,
the government arrested five persons for domestic violence offenses.
For example, on August 21, police in Jinja arrested Captain Charles
Ogwal for killing his wife Jane Asimo following a family argument. A
police investigation continued at year's end.
On September 9, a military court martial investigating a December
2010 rape of a woman in Moroto acquitted UPDF Corporal Naleo Oyo Okulo
and Lance Corporal Machat Kakuru; convicted Private James Manana of
torture, gave him a dishonorable discharge, and sentenced him to five
years in jail; and cautioned Major James Kasule, and Lieutenants Walter
Olum and Sanyu Kaserebe for neglect of duty and failing to monitor the
activities of troops under their command.
Female Genital Mutilation (FGM).--The law and constitution prohibit
FGM and establish a maximum penalty of life imprisonment. Neither
culture, religion, nor the consent of the victim is an allowable
defense. 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. Nevertheless, the Sabiny ethnic group in rural Kapchorwa
District and the Pokot ethnic group along the northeastern border with
Kenya continued to practice FGM.
A local NGO that monitors the prevalence of FGM reported that 92
girls were subjected to FGM from January to June in the districts of
Kapchorwa, Bukwo, Kween, and Amudat. On June 25, police arrested Kam-
Kosike Lonete for her involvement in FGM practices. Lonete was released
on bail in July, and the case was pending at year's end.
Reproductive Rights.--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 were difficult to obtain, particularly in rural areas, where
there were few health clinics. There was no indication of
discrimination against women in diagnosis or treatment of sexually
transmitted infections, including HIV/AIDS. A January 2010 U.N.
Development Program report cited maternal mortality at 550 deaths per
100,000 live births.
Discrimination.--The law invests women with the same legal status
and rights as men. However, discrimination against women continued to
be widespread, especially in rural areas. 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. Polygamy is legal under both
customary and Islamic law, and in some ethnic groups men can
``inherit'' the widows of their deceased brothers. Women also
experienced economic discrimination. For example, a June 2010 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 sessions throughout the country to
increase awareness of women's rights.
Children.--Birth Registration.--Citizenship is afforded to children
born in or outside 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 Ugandan citizens, as are children under
the age of 18 adopted by Ugandan parents.
According to the most recent information provided by the 2006
Uganda Demographic and Health Survey, only 21 percent of rural and 24
percent of urban births were registered. However, lack of registration
generally did not result in denial of public services. On September 13,
the Uganda Registration Services Bureau (URSB), the government agency
responsible for recording births and deaths, launched a computerized
system that uses mobile telephones to deliver timely and accurate
records. The system enables officials to send details of births and
deaths as a text message to the central server at URSB headquarters in
Kampala.
Education.--The law 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, had to pay for school supplies and some
school operating costs, and many parents could not afford these fees.
According to the Ministry of Education's statistics for 2009-10, 96
percent of primary school aged children were enrolled in school, with
62 percent of children reaching grade five and 32 percent reaching
grade seven. Fewer girls complete primary school than boys by a
difference of four percent.
Medical Care.--Health experts reported that 51 per cent of the
population did not have access to state-provided health-care
facilities. Where it is available, both girls and boys have equal
access.
Child Abuse.--Child abuse remained a serious problem, particularly
rape and sexual abuse of girls, and recorded cases greatly
underestimated the true pervasiveness of abuse.
According to the 2010 annual police crime report, defilement (akin
to statutory rape) remained the most common crime committed against
children, with 7,564 cases recorded. The report also registered 709
cases of rape, 14 of child trafficking, 14 of child sacrifice, 9,293 of
child neglect, 1,732 of child desertion, 1,315 of child abuse and
torture, 301of kidnapping, 46 of infanticide, and 274 of other sexual-
related offences, including assault and incest. The government worked
with UNICEF and NGOs, including Save the Children and African Network
for the Prevention and Protection against Child Abuse and Neglect
(APCAN), to combat child abuse in the country.
In March APCAN reported that corporal punishment remained a
problem, with 81 per cent of students beaten at school despite a
directive from the government.
There were numerous reports of ritual sacrifice of children during
the year. The government took some steps to address this problem. For
example, in April police in Namayingo District arrested three
traditional leaders for the ritual murder of 10-year-old Rachael
Nafula. Hearing of the case was pending.
Perpetrators of sexual abuse often were family members, neighbors,
or teachers. In February 2009 the UPF began providing free rape and
defilement medical examinations throughout the country to assist
investigations. An estimated 10,000 victims of rape and defilement have
since received free medical examinations at Mulago Hospital in Kampala.
Child Marriage.--The legal age for marriage is 18. Marriage of
underage girls by parental arrangement was common, particularly in
rural areas. Local NGOs and the Police Family and Children Unit
reported that acute poverty forced some parents to give away their
children, including girls as young as 14, for early marriage and sexual
arrangements. A March 2009 U.N. report stated that 32 percent of
marriages involved underage girls.
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.
Nevertheless, such cases often were settled by a payment to the girl's
parents.
Sexual Exploitation of Children.--Commercial sexual exploitation of
children was a problem. According to a study conducted by the local NGO
Uganda Youth Development Link during the year, the number of children
affected by commercial sexual exploitation (most 14-17 years old)
between 2004 and 2011 increased from 12,000 to an estimated 18,000, the
majority of whom were Ugandan girls but also included children from the
DRC, Rwanda, Burundi, Kenya, and Tanzania. The NGO identified parental
neglect and abandonment as a major factor resulting in exploitation of
children. While the law prohibits sexual exploitation of children, the
government did not enforce the law effectively. The law does not
prohibit child pornography. The minimum age of consensual sex is 18
years.
Child Soldiers.--As in the past six years, there were no reports
that the LRA abducted or conscripted children within the country.
According to UNICEF, an estimated 5,000 of the 40,000 Ugandan children
abducted by the LRA in previous years for use as laborers, soldiers,
guards, and sex slaves were still missing. There were numerous reports
of LRA abductions of children in the DRC, CAR, and South Sudan.
Displaced Children.--Many children from the farming regions of
Karamoja came to Kampala during the dry season to find food and work,
and most of them ended up on the streets begging. Police routinely
rounded up street children and relocated them to a remand home for
juvenile delinquents where staff attempted to locate the children's
families and return them to their homes. For example, on June 28,
authorities rounded up 292 street children and took them to
Kampiringisa National Rehabilitation Centre in Mpigi. The remand
center, understaffed and underfunded, was often unable to accommodate
the influx of children from these roundups, and many children
eventually returned to the streets of Kampala.
International Child Abductions.--The country is not a party to the
1980 Hague Convention on the Civil Aspects of International Child
Abduction.
Anti-Semitism.--The Jewish community was small, and there were no
reports of anti-Semitic acts.
Trafficking in Persons.--See the Department of State's Trafficking
in Persons Report at http://state.gov/j/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. The government did not enforce the law
effectively, and persons with disabilities faced societal
discrimination and limited job and educational opportunities. The UHRC
also received complaints of discrimination in employment and access to
transport and other public services. Most schools in the country did
not accommodate persons with disabilities. There was no statutory
requirement that buildings be accessible to persons with disabilities.
While the law requires that children with disabilities be given
necessary special facilities, a September survey conducted by the
National Council on Disability showed that 80 percent of hospitals and
health centers lacked access ramps.
The law reserves five seats in parliament for representatives of
persons with disabilities. However, a government-sponsored NGO managed
elections 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 any significant
initiatives.
National/Racial/Ethnic Minorities.--There were isolated reports of
violence between ethnic minorities in some parts of the country. For
example, on June 19, interclan clashes between Pabwo and Lapyem over a
disputed piece of land injured 15 people. A total of 120 persons from
the Pabwo clan were displaced and eight huts burned.
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 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 renewed its demands for
special recognition and compensation from the government for the land
that had been nationalized.
Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--LGBT persons faced
discrimination and legal restrictions. It is illegal to engage in
homosexual acts, based on a law from the colonial era that criminalizes
``carnal knowledge of any person against the order of nature'' and
provides a penalty up to life imprisonment. While no persons were
convicted under the law, the government arrested persons for related
offenses. For example, in July police arrested an individual for
``attempting'' to engage in homosexual activities. On July 15, a court
in Entebbe charged him with ``indecent practices'' and released him on
bail. Hearing of the case was pending at year's end.
LGBT persons were subject to societal harassment, discrimination,
intimidation, and threats to their well-being and were denied access to
health services. Discriminatory practices also prevented local LBGT
NGOs from registering with the NGO Board and obtaining official NGO
status (see section 2.b.).
On January 3, the High Court ruled that an obscure local tabloid
had violated three LGBT persons' constitutional rights to privacy and
human dignity in 2010 by publishing their pictures, identities, and
addresses under the headline ``Hang Them.'' This was the second High
Court ruling upholding the rights of LGBT individuals. In 2008 the High
Court affirmed LGBT individuals' constitutional right to human dignity,
protection from inhuman treatment, and privacy in Victor Juliet Mukasa
and Yvonne Oyo v. Attorney General.
On January 26, LGBT activist David Kato, who had successfully sued
the local tabloid discussed above for the 2010 publication of his
picture under the headline ``Hang Them,'' was bludgeoned to death at
his home outside Kampala. On February 2, police arrested Sidney Enock
Nsubuga for Kato's murder. On November 9, Nsubuga pled guilty and was
sentenced to 30 years' imprisonment.
On May 6, parliament's Parliamentary and Legal Affairs Committee
held hearings on a draft ``antihomosexuality'' bill submitted to
parliament in September 2009 by parliamentarian David Bahati. The draft
legislation sought to impose punishments ranging from imprisonment to
death for individuals twice convicted of ``homosexuality'' or ``related
offenses, `` including ``aiding and abetting homosexuality,''
``conspiracy to engage in homosexuality', the ``promotion of
homosexuality, `` or ``failure to disclose the offens'' of
homosexuality'' to authorities within 24 hours. The committee heard
testimony from local human rights and LGBT activists, the UHRC, the
Uganda Prison Service, and ``antihomosexuality'' proponents. The draft
bill expired when parliament adjourned on May 13. On October 25, the
new parliament voted to ``save and retain'' two dozen expired bills
from the previous session, including the draft ``antihomosexuality''
bill but took no further action. During the year several senior
government officials stated they did not support the bill, and in 2010
the UHRC determined that the bill violates the constitution and
international law.
On October 3, the Constitutional Court heard oral arguments on a
2009 petition filed by a local human rights and LGBT activists
challenging the constitutionality of Section 15(6)(d) of the Equal
Opportunities Commission Act. Section 15(6)(d) prevents the Equal
Opportunities Commission from investigating ``any matter involving
behavior which is considered to be (i) immoral and socially harmful, or
(ii) unacceptable by the majority of the cultural and social
communities in Uganda.'' The petitioner argued that this clause is
discriminatory and violates the constitutional rights of minority
populations. A decision was pending at year's end.
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 HIV/AIDS. Persons with HIV/AIDS formed support groups
to promote awareness in their communities.
NGOs reported that many HIV-positive inmates in the prisons did not
have adequate access to antiretroviral medication, especially in rural
areas, and that HIV-positive inmates were sometimes subjected to hard
labor (see section 7).
Section 7. Worker Rights
a. Freedom of Association and the Right to Collective Bargaining.--
The law allows workers, except for ``essential'' government employees
including police, army, and management-level officials, to form and
join independent unions. 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 activities without
interference, prohibits antiunion discrimination by an employer, and
provides for reinstatement of workers dismissed for union activity, the
right to strike, freedom of association, and the right to bargain
collectively. However, the government did not always protect these
rights. Labor activists reported that government oversight of labor
practices was poor and that the Ministry of Labor was underfunded and
understaffed. Labor inspectors were present in only 44 of 112
districts. Most employees were not given written contracts of
employment and had no job security or union representation.
Worker organizations were independent of the government and
political parties. However, the five seats set aside in parliament for
workers were filled by ruling NRM party members, and there were
instances of government interference in union activity. For example, on
August 25, police in Koboko District blocked branch elections for the
district National Teacher's Union, citing security concerns.
As of October local media reported 24 strikes over low salaries,
wages, and poor working conditions. Police occasionally arrested
persons engaged in strikes or used tear gas to disrupt striking
workers. For instance, on May 13, police arrested 27 workers for
participating in a strike over low wages and poor working conditions at
Kakira Sugar Factory in Lugazi.
There were some developments in previous cases of police arrested
for using excessive force to disrupt striking workers. In August Police
Constables Augustine Kasangaki, Luke Mbusa, and Romeo Ojara were tried
and convicted for neglect of duty, cowardice, and discreditable conduct
for using live ammunition to disrupt a September 2010 strike at British
American Tobacco Uganda, resulting in the deaths of Dennis Bazara and
Bernard Byabasaija. The defendants were fined shillings 30,000 ($12)
and demoted. Their appeal of the ruling was pending at year's end.
Antiunion discrimination occurred in practice, and labor activists
accused several companies of preventing employees from joining unions
by denying promotions, not renewing work contracts, and sometimes
refusing to recognize unions. In September the Uganda National
Teacher's Union reported that it received 26 complaints of government
officials harassing union members who took part in a teacher's strike
that occurred in early September and in October, and that the
government allegedly dismissed teachers for participating in the
strike.
Public service unions, including medical staff and teachers, were
able to negotiate their salaries and employment terms through their
unions; however, salaries for ``essential government employees''
including the police, military, and management-level officials were
fixed by the government. Labor activists reported that some employers
ignored the legal requirement to enter into Collective Bargaining
Agreements (CBA) with registered unions. Labor activists also reported
that some employers resorted to subcontracting and outsourcing services
or hired workers temporarily in order to avoid CBAs. A total of 133
CBAs were signed during the reporting period.
b. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, including by children, but does not
expressly prohibit prison labor, as 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.'' The government did not
always enforce the law, and there were reports that forced labor
practices occurred, particularly in prisons (see section 1.c.). Prison
officials allegedly hired out prisoners to work on private farms and
construction sites, where prisoners were often overworked. Male
prisoners performed arduous physical labor, while female prisoners
produced marketable handicrafts such as woven basketry. Compensation,
when paid, generally was very low. Prisoners did not have savings
accounts, but prison accounting staff recorded wages owed in a book.
Exploitive and/or forced child labor predominantly occurred in
agriculture, transport, mining, street vending/begging, scrap
collecting, stone quarrying, brick making, road construction and
repair, car washing, fishing, domestic nanny and housekeeper service,
bar/club service work, and border smuggling. International
organizations reported that programs in collaboration with the
government removed 6,599 children from child labor in Wakiso, Rakai,
and Mbale districts during the year. In addition, the government,
through its National Steering Committee on Child Labor, worked with
international organizations to implement strategies to prevent new
cases of forced labor that included support to education, awareness-
raising campaigns, and village savings and loan associations.
Also see the Department of State's Trafficking in Persons Report at
http://state.gov/j/tip.
c. Prohibition of Child Labor and Minimum Age for Employment.--The
law prohibits employers from hiring workers below the age of 18.
However, regulations of the Ministry of Gender, Labor, and Social
Development (MGLSD) permit the employment of children between the ages
of 14 and 18, and 13-year-olds are allowed to engage in ``light work,''
provided it does not interfere with education. Children under the age
of 12 are prohibited from being employed in any business or workplace,
and all children are prohibited from being employed during school
hours. The law prohibits children from working between the hours of 7
p.m. and 7 a.m. and does not allow children to be employed in work that
is ``injurious to his or her health, dangerous or hazardous or
otherwise unsuitable.'' In addition, the law provides for inspection of
workplaces, identification of hazards at the workplace, and other
related matters for all workers, including children. However, the
MGLSD, tasked with providing social services to children workers, was
inadequately funded and had not conducted child labor inspections since
2004.
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. Financial
constraints limited efforts. For instance, because the Industrial Court
lacks judges, labor disputes were handled by the High Court or the
Magistrates' Court. The Ministry of Gender, Labor, and Social
Development provided social services to children working in the worst
forms of child labor and other target groups and conducted training for
staff, local leaders, and district labor inspectors. Sixty of its
district labor officers were responsible for reporting on child labor
issues. However, due to lack of funds and logistical support, district
labor officials had not conducted child labor inspections since 2004.
The government coordinated its efforts to stop child labor through the
National Steering Committee on Child Labor, which included
representatives of the MGLSD, Ministry of Education and Sports,
Ministry of Local Government, Federation of Uganda Employers, National
Organization of Trade Unions (NOTU), NGOs, journalists, and academics.
The steering committee last met in February.
The government cooperated with the International Labor Organization
(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. The government, with
the support of the ILO, was implementing a Support to National Action
Plan for the elimination of the worst forms of child labor. The project
was jointly implemented by civil society organizations, trade unions,
the Federation of Uganda Employers, and the MGLSD.
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. According to
UNICEF'S State of the World's Children 2011 report, 36 percent of
children 5 to 14 years old were forced to work under poor conditions
and health and safety standards. In urban areas children sold small
items on the street, worked in shops, begged for money, and were
exploited 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.
Also see the Department of Labor's Findings on the Worst Forms of
Child Labor at http://dol.gov/ilab/programs/ocft/tda.
d. Acceptable Conditions of Work.--The minimum legal wage was set
in 1984 at 6,000 shillings ($2.18) per month. In 2003 the government
and the private sector negotiated a new rate of 54,000 shillings
($19.64) per month, which had not been implemented by year's end.
In industries that employed workers on an hourly basis, the normal
workweek was 40 hours. The legal maximum workweek is 48 hours, but
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. 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. Many
industries paid workers annual bonuses in lieu of overtime.
The law establishes occupational safety and health standards, and
the MGLSD's Department of Occupational Health is responsible for
enforcement of those regulations. The law also provides workers the
right to remove themselves from situations that endanger their health
or safety without jeopardy to their employment. All workers, including
foreign and migrant workers, are covered under the law. 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.''
In practice the law was not effectively enforced due to the lack of
vehicles and financial constraints, and as a result no inspections were
carried out during the year. There were reports that workers were
dismissed for their refusal to perform dangerous work. Workers in the
agriculture and flower industry carried out strikes during the year
because of delays in the payment of wages. Workers in the informal
sector were subject to hazardous working conditions.
NOTU officials recorded nine deaths and 11 injuries during the year
due to poor safety practices at several construction projects.
__________
ZAMBIA
executive summary
Zambia is a republic governed by a democratically elected president
and a unicameral national assembly. In multiparty general elections on
September 20 that were considered generally free and fair by
international and local observers, leader of the opposition Patriotic
Front (PF) Michael Chilufya Sata was elected president. The previous
ruling party, the Movement for Multiparty Democracy (MMD), had exerted
considerable influence through its patronage and allotment of
government resources. Security forces reported to civilian authorities.
Serious human rights abuses occurred during the year. The most
important were security force attacks on the physical integrity of
persons, including unlawful killings, torture, beatings, and abuse;
life-threatening prison conditions; and arbitrary arrests and prolonged
pretrial detention.
Other serious human rights problems included 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.
The government generally did not take steps to prosecute or punish
officials who committed abuses, and impunity remained a problem.
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 a few reports that the government or its agents
committed arbitrary or unlawful killings.
For example, on January 14, police killed two persons and injured
several others during a violent crackdown on protests in Mongu and
Limilunga, Western Province. Protesters had gathered in Limilunga to
demand the restoration of the 1964 Barotseland Agreement (see section
6). The new government, which assumed power in September, appointed a
commission of inquiry to look into the killings. By year's end, the
commission had not issued a report.
The government rarely punished perpetrators. 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.
There were no further developments in the following killings in
2010: the September shooting of a suspect by three police officers in
Chipata, and the unconfirmed October reports of police killing of two
persons in Mongu.
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 irregular immigrants.
The government's Human Rights Commission (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.
For example, on May 27, police arrested Edwin Kambia and allegedly
undressed him, soaked him in water, locked him in the trunk of a
vehicle, and in the trunk set off a tear-gas canister from which he
received multiple burns on his face and body. No action was taken
against the perpetrators.
There were no further developments in the following 2010 reports of
inhuman and degrading treatment: the September report by Human Rights
Watch (HRW) noting that dozens of prisoners had been beaten or tortured
with electricity in six prisons, or a November report that police
tortured a man who died while in police custody in Lusaka.
According to human rights groups, there were reports of police
demanding sex from female detainees as a condition for their release.
There also were reports that police officers raped women and 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 16,670 prisoners and detainees in April 2010, according
to the Prisons Service. For example, Lusaka Central Prison, which was
designed to accommodate 200 prisoners, held more than 1,500. By law
police can detain suspects up to 24 hours in holding cells before
transferring them to one of the ``remand prisons,'' which are supposed
to house detainees prior to conviction exclusively but, in practice,
were also used to hold convicted prisoners. 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 provisions 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 deaths of prisoners. The supply of tuberculosis drugs
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.
Antiretroviral treatment was available to some prisoners with HIV/AIDS,
but poor nutrition often rendered the treatment ineffective.
Authorities denied many prisoners access to condoms. From 1995 to 2000,
approximately 2,400 inmates and 260 prison staff died of AIDS-related
illnesses. The percentage of prisoners infected with HIV/AIDS was
significantly higher than the general population. Approximately 27
percent of men and 33 percent of women in prison were infected, while
about 14.3 percent of the general population was HIV positive.
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. In a 2010 report HRW estimated that women
made up 18 percent and juveniles 10 percent of all prisoners.
Incarcerated women who had no alternative for childcare could choose to
have their infants and children under the age of four with them in
prison. However, prisons provided no food or medical services to such
children, and mothers had to share their meager rations with them in an
environment that often exposed the children to disease without
appropriate 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.
The government permitted prison visits by both domestic and
international nongovernmental organizations (NGOs) during the year,
including by religious institutions, and the Legal Resources
Foundation. There were no 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; address the status and circumstances of confinement of
juvenile offenders; or improve 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.--Although the constitution and
law prohibit arbitrary arrest and detention, the government did not
respect these prohibitions in some instances.
On August 18, the High Court freed Mateo Mfula Kapotwe, who had
been detained without trial for more than 10 years on charges of
murder.
Role of the Police and Security Apparatus.--The Zambian Police
Service (ZPS), divided into regular and paramilitary units under the
Ministry of Home Affairs, has primary responsibility for maintaining
law and order. The Zambia Security Intelligence Service (ZSIS), under
the Office of the President, is responsible for intelligence and
internal security. The Central Police Command in Lusaka oversees nine
provincial police divisions with jurisdiction over police stations in
towns countrywide. Although the government identified a need for 27,000
police officers and hired approximately 1,500 new officers during the
year, only an estimated 15,000 police were on duty at year's end.
The approximately 21,600-member defense forces, divided into the
army, air force, and national service, have primary responsibility for
national defense and cooperation with the appropriate civilian
authority in times of natural disasters and other emergencies. 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, counterfeiting, and money laundering. The DEC employs
approximately 300 agents to oversee illegal drug enforcement.
Lack of professionalism, poor investigatory skills, and inadequate
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) encouraged aggrieved members of the public to report
cases of human rights abuse by police. The PPCA met during the year to
review complaints regarding police conduct that were not resolved
through internal police channels. However, many cases of abuse went
unreported due to citizen ignorance of the PPCA and fear of
retribution.
Civilian authorities maintained control over security forces, and
the government generally investigated credible reports of corruption or
abuse by security forces.
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. 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, or unlawful assembly. 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. Although
the law provides that indigents should have a state-provided attorney
when they face serious charges, public defenders were overwhelmed, and
many of the defendants had no legal counsel. Despite the law's
providing that persons arrested must appear before a court within 24
hours of their arrest, detainees frequently were held for much longer
periods because prosecutors routinely required that officers collect
additional evidence before presenting cases to court. 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.
Although there was a functioning bail system, 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 murder, aggravated robbery, and violations of
narcotics laws. In practice police generally did not respect a
prisoner's 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.--Arbitrary arrest and detention remained
problems. Police arbitrarily arrested family members of criminal
suspects. Criminal suspects were arrested in some instances 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 via suspensions and
written reprimands, although dismissals for extortion were rare.
Pretrial Detention.--Prolonged pretrial detention was a problem,
and some defendants awaited trial for 10 years or even longer.
Approximately one-third of persons incarcerated in remand 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.
Amnesty.--During the year at least 1, 275 prisoners were granted
amnesty. On March 9, then president Banda remitted the sentences of 574
inmates and ordered their immediate release from prisons across the
country. On September 29, newly elected President Sata pardoned at
least 28 prisoners who were involved in the January riots in Mongu,
Western Province, and on October 23, he pardoned a further 673
prisoners from across the country.
e. Denial of Fair Public Trial.--While the constitution and law
provide for an independent judiciary, 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. At the same time, during the year the courts in some
instances 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.
Trial Procedures.--Defendants are considered innocent until proven
guilty. Trials in the 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, but many defendants lacked the resources
to retain a lawyer. The law provides for free legal counsel when
indigent defendants face serious charges. Public defenders, however,
were overwhelmed with cases and assisted few detainees. 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.
Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.
Civil Judicial Procedures and Remedies.--There is a largely
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. At the same time, 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, but
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 police authority to monitor
communications using wiretaps on the basis of a warrant issued on
probable cause.
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.--Status of Freedom of Speech and
Press.--Although the constitution and law provide for freedom of speech
and press, the government restricted these rights in practice. The law
includes provisions that may be interpreted broadly to restrict these
freedoms.
Freedom of Speech.--The government generally allowed but sometimes
attempted by intimidation to impede individuals' right to criticize the
government. For example, on January 18, police detained The Post's
journalist Mwala Kalaluka for allegedly discussing the January 14
Barotseland Agreement riots over the cell phone.
Freedom of Press.--Two of the most widely circulated newspapers
were government-run. Until the September 20 national elections, the
ruling party 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.
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. For example, on September 8, law enforcement officers
briefly detained The Post's photojournalist Thomas Nsama for allegedly
taking pictures of accused prisoners outside the court and deleted the
pictures from his camera, on grounds what he did amounted to espionage.
In addition to a government-controlled radio station, numerous
private radio stations existed. The government-owned Zambia National
Broadcasting Corporation (ZNBC) was the principal local-content
television station. Several private television stations, including
foreign-owned media, also broadcasted locally.
Violence and Harassment.--Government officials and ruling party
supporters repeatedly targeted the leading independent newspaper with
threats and litigation for publishing information critical of the
government.
On July 18, more than 100 supporters of the then-ruling MMD beat a
Muvi-TV crew and seized media equipment and cell phones while the crew
interviewed a woman whose land was allegedly confiscated by MMD
supporters in Lusaka. At least 11 suspects were reportedly arrested and
charged for their part in the violence. Their cases remained pending at
year's end.
The government detained and censured individuals responsible for
programs the government deemed offensive.
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 infringements of
freedom of the press and claimed they were means for parliamentarians,
some of whom concurrently served in cabinet positions, to bypass the
court system.
Censorship or Content Restrictions.--Journalists in the government-
controlled media generally practiced self-censorship.
On January 14, police closed down Radio Lyambai for allegedly
inciting violence during the Barotseland riots in Mongu; it remained
closed by year's end.
Internet Freedom.--There were no government restrictions on access
to the Internet or credible reports that the government monitored e
mail or Internet chat rooms. Individuals and groups could engage in the
peaceful expression of views via the Internet, including by e mail.
Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.
b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The constitution and law provide for freedom of assembly;
however, the government 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 may be 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.
There were cases of police using violence to disperse protests (see
section 6 National/Racial/Ethnic Minorities).
For example, on April 18, police used violence to quell riots in
Mansa, which led to the death of four persons and injured several
others. Police arrested more than 220 protesters.
Freedom of Association.--The law provides for freedom of
association, but the government has placed some limits on this right.
All organizations must formally apply for registration to the Ministry
of Home Affairs' Registrar of Societies. The registration process was
long and permitted considerable discretion on the part of the
registrar. Unlike previous years, there were no known cases in which
the registrar refused to register an organization.
c. Freedom of Religion.--See the Department of State's
International Religious Freedom Report at http://state.gov/j/drl/irf/
rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution and law provide for
freedom of movement within the country, foreign travel, emigration, and
repatriation, and the government generally respected these rights in
practice.
The government cooperated with the Office of the U.N. High
Commissioner for Refugees (UNHCR) and other humanitarian organizations
in providing protection and assistance to refugees, asylum seekers, and
other persons of concern. Refugees were required to have permission
from the government to move or live outside refugee camps. Such
permission was frequently granted.
In-country Movement.--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.
Protection of Refugees.--Access to Asylum.--The law provides for
the granting of asylum or refugee status, and the government has
established a system for providing protection 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, by year's end, the country hosted 32, 242
refugees, mainly from Angola and the Democratic Republic of Congo
(DRC). Approximately 27,000 resided in the refugee settlements of
Meheba and Mayukwayukwa, and about 5,255 were living in urban areas.
Refugee Abuse.--The law prohibits physical and sexual abuse of
anyone within the country, including refugees. Although cases of sexual
and gender violence against refugees were known to occur, no specific
cases were reported during the year.
Access to Basic Services.--Refugees were provided access to basic
services, education, police, and courts. Government policy limited
refugees' legal employment options to refugee camps, unless refugees
obtained specific government authorization to work outside camps.
Durable Solutions.--The government cooperated with the UNHCR in
facilitating durable solutions for refugees. Over 2,000 Angolans
voluntarily repatriated during the year along with smaller number of
refugees from the DRC, Rwanda, and Burundi. The government announced
that it would offer legal integration, including citizenship and
permanent residence status, to at least 10,000 Angolans who wished to
remain in Zambia. However, by year's end, no official steps had been
taken to implement this offer formally.
Temporary Protection.--The government also provided temporary
protection to individuals who may not qualify as refugees. However,
there were reports during the year the government expelled Zimbabweans
and other foreign nationals who could not provide evidence they were
refugees and were therefore considered irregular migrants.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution and law provide citizens the right to change their
government peacefully, and citizens exercised this right in practice
through periodic elections held on the basis of universal suffrage.
Elections and Political Participation.--Recent Elections.--On
September 20, Michael Chilufya Sata of the PF was elected president
with 41.9 percent of the vote. Former president and MMD candidate
Rupiah Banda received 35.4 percent, and Hakainde Hichilema of the
United Party for National Development (UPND) 18.17 per cent. The rest
of the votes were shared by seven other contenders who each obtained
less than 1 percent. Of the 150 constituency-based parliamentary seats,
the PF won 60, the MMD 55, the UPND 28, the Alliance for Democracy and
Development (ADD) one, and the Forum for Democracy and Development
(FDD) one; three candidates were elected as independent members. The
three remaining seats were contested on November 28; two went to the PF
and one to the UPND. Although the then-ruling MMD campaign was
characterized by abuse of public resources and a progovernment public
media campaign, several local and international observers concluded
that the elections were generally free and credible.
Political Parties.--Political parties could operate generally
without restriction or outside interference, and individuals could
independently run for election. However, many observers believed that
the then ruling MMD, in the lead-up to the general elections, exerted
considerable influence over the electoral process by using government
resources to conduct political campaigns. In the aftermath of the
September 20 elections, several MMD officials faced victimization at
the hands of the PF government and supporters. For example, on December
21, police arrested William Banda, a prominent MMD leader, for
``unlawful assembly'' while he held a meeting with 19 other MMD members
at a restaurant in Lusaka. He was subsequently released.
Participation of Women and Minorities.--During the September 20
general election, female candidates for parliament won 17 of 150
constituency-based seats. Two women were appointed to the 20-member
cabinet, and five to the 11-member Supreme Court. There was one
minority member of parliament who was subsequently appointed vice
president. No laws or traditions directly prevent women from voting or
participating in political life on the same basis as men.
Section 4. Official Corruption and Government Transparency
The law provides criminal penalties for official corruption, and
the government attempted to implement the law. Nevertheless, some
officials engaged in corrupt practices with impunity. Petty corruption
among 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. There remained a widespread
public perception that corruption was pervasive in almost all
government institutions.
The government has a National Anti-Corruption Policy and National
Anti-Corruption 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 operations of the executive branch and
corrected some irregularities reported by the Office of the Auditor
General. The ACC continued its prosecutions and public educational
activities.
Upon assuming office on September 23, President Sata ordered
investigations into alleged corruption in the procurement of oil by the
Energy Regulation Board and the sale of the former parastatal Zamtel
and the Zambia Revenue Authority. President Sata also dismissed several
senior government officials from the former regime, including Director
General for the ACC Colonel Godfrey Kayukwa, DEC Commissioner Aaron
Zulu, Police Inspector General Francis Kabonde, and Attorney-General
Abyudi Shonga, on suspicion of being corrupt or compromised.
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.
During the year the government investigated and prosecuted
corruption cases.
On November 16, former Minister of Mines Maxwell Mwale was arrested
and charged with possession of more than 260 bicycles suspected to have
been unlawfully obtained. The case was pending in court at year's end.
On November 30, police arrested and charged former Minister of
Labor Austin Liato with receiving property suspected to have been
stolen, following the unearthing of 2.1 billion kwacha ($410,000) from
his farm. The case was pending in court at year's end.
In a February 2011 report for the year which ended December 2009,
the auditor-general revealed financial irregularities in all the
ministries and Zambia's foreign missions totaling 318 billion kwacha
($62 million). The irregularities included petty cash abuse,
unauthorized or wasteful expenditures, irregular payments, undelivered
materials, overpayments, and revenue not properly accounted for.
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.
Disclosures are made to the chief justice, but members of the public
have a right to inspect the records.
The law does not provide for public access to government
information; nonetheless, 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 2009, it
had not officially implemented the law by year's end. The ministry
tasked with implementing the law lacked the necessary resources and
technical capacity. 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 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.
U.N. and Other International Bodies.--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 U.N.
representatives and other organizations.
Government Human Rights Bodies.--The HRC monitored human rights
conditions, interceded on behalf of persons whose rights it believed
the government denied, 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. At the same time,
independent human rights groups noted that the HRC was understaffed,
underfinanced, and relied on the goodwill of police and other
government agencies to enforce its recommendations.
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.--Rape and Domestic Violence.--The law prohibits rape, and
courts have discretion to sentence convicted rapists to life
imprisonment with hard labor. Rape is nonetheless widespread. The
government did not enforce the law effectively and obtained few rape
convictions.
In 2010 the ZPS's Victim Support Unit (VSU) recorded 254 cases of
rape, 35 cases of attempted rape, and 170 cases of indecent assault; 45
defendants were convicted of rape, 17 were acquitted, and 10 cases were
withdrawn. However, these totals greatly understated the actual extent
of the problem. 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. On April 12, former president Banda signed the
Anti-Gender Based Violence Act and an amended penal code into law to
protect women from gender-based violence. The law provides for
protection orders for victims of domestic and gender violence. Most of
the gender-based crimes are prosecuted under the revised penal code,
and 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 a deceased husband's relatives. In practice
the police were often reluctant to pursue reports of domestic violence
and preferred to encourage reconciliation.
Harmful Traditional Practices.--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 in a few rural areas. However, many local leaders banned the
practice. The penal code prohibits ``sexual cleansing'' of children
under the age of 16.
Sexual Harassment.--Sexual harassment was common. Although the law
only prohibits sexual harassment of children, the penal code contains
provisions under which some forms of sexual harassment of women could
be prosecuted. Although the government has sometimes successfully
prosecuted persons for such actions, no such case was reported during
the year.
Sex Tourism.--Sex tourism occurred but was not prevalent.
Reproductive Rights.--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. According to a 2010
U.N. estimate, 27 percent of women aged 15 to 49 used a modern method
of contraception and 47 percent of births were attended by skilled
health personnel. A 2010 U.N. report estimated that in 2008 the
maternal mortality ratio was 470 per 100,000 live births and a woman's
lifetime risk of maternal death was one in 38 in 2008. Barriers that
limited access to reproductive health services included limited
information, cost implications, religious reasons, and some myths
surrounding contraceptives, as well as lack of access to health
facilities.
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.
Discrimination.--The law generally entitles women to equality with
men. At the same time the government did not adequately enforce the
law, and women experienced discrimination in employment, education, and
land and property ownership. Employed women 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, although some financial institutions allowed women to
sign independently for loans. As a result, few women owned their own
homes or businesses. The Gender and Child Development Division is the
government's primary agency charged with promoting the status of women.
Local customary law generally discriminates against women. Despite
constitutional and legal protections, customary law subordinates women
with respect to property ownership, inheritance, and marriage.
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
deceased's parents 20 percent, and other dependents 10 percent. In a
polygamous marriage, the widow's share must be divided proportionally
with other wives, based on the length of time each has stayed in the
marriage. Property grabbing from widows remained widespread. The courts
generally considered property grabbing a criminal offense and mandated
up to three years' imprisonment for these cases. However, most property
grabbing cases were decided in local courts, which administer customary
law and do not have the power to impose prison sentences. The fines the
local courts imposed were low.
Children.--Birth Registration.--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.
Education.--Although government policy calls for tuition-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.
Child Abuse.--Although the law prohibits sexual harassment of
children, child abuse and violence against children were common
problems. The punishment for assault or battery on a child causing
bodily harm is imprisonment for five to 10 years, and the law was
generally enforced. For example, on June 22, a teacher reportedly beat
and stripped a student for allegedly refusing to water flowers on
school grounds. Ministry of Education officials publicly condemned the
teacher's act.
Child Marriage.--The 2007 Zambian Demographic 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. UNICEF estimated that
42 per cent of women aged 20-24 were married before the age of 18.
Although a person must be at least 16 years old to marry under formal
law, there is no minimum age under customary law. Some local leaders
spoke against child marriage and took steps to discourage it; most,
however, condoned the practice.
Harmful Traditional Practices.--Female genital mutilation (FGM) is
prohibited under the country's penal code and rarely occurred in
practice. Most cases of FGM were limited to small communities of
immigrants from other parts of Africa. There were no cases of FGM
reported during the year.
Sexual Exploitation of Children.--Defilement, which the law defines
as the unlawful carnal knowledge of a child under the age of 18, was
particularly common. The police's VSU recorded 2,419 defilement cases
in 2010, a total thought to understate the true prevalence greatly;
prosecutions resulted in 240 convictions and 162 acquittals.
The police and magistrates' courts intervened in cases of gross
child 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.
Displaced Children.--There were a large number of displaced and
institutionalized children. According to the 2007 Zambian Demographic
and Health Survey, the country had approximately 1.1 million orphaned
children under age 17, including an estimated 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 estimated four in 10
children under age 18 were not living with both parents, one in five
was not living with either parent, and 15 percent were orphaned. Across
the country about 200 children's care homes, accommodated approximately
5,000 children.
An estimated 20,000 to 30,000 children lived on the streets, often
begging or prostituting themselves to survive. The Ministry of
Education, Science, and Vocation Training; Community Development,
Mother and Child Health; and ZPS Child Protection Unit (CPU) worked
jointly with the police to identify and assist street children. The
ministry's 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 Ministry of Community Development, Mother, and Child
Health also maintained a cash-transfer scheme to target vulnerable
families who might otherwise send minors into the streets to beg or
work. The Ministry of Labor, Sport, and Youth 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.
International Child Abductions.--The country is not a party to the
1980 Hague Convention on the Civil Aspects of International Child
Abduction.
Anti-Semitism.--There were approximately 35 persons in the Jewish
community; there were no reports of anti-Semitic acts.
Trafficking in Persons.--See the Department of State's Trafficking
in Persons Report at http://state.gov/j/tip.
Persons With Disabilities.--The law prohibits discrimination in
general, but there is no law that specifically prohibits discrimination
against persons with physical, sensory, intellectual, or mental
disabilities in employment, education, access to health care, the
provision of other state services or in other areas. Although the
government did not restrict 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 Ministry of Education, Science and Vocational Training, and the
Ministry of Community Development, Mother and Child Health have
responsibility for ensuring the welfare of persons with disabilities.
However, 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. 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 rights under the law to share in
revenue from the exploitation of natural resources on tribal lands. The
government generally permitted autonomy for ethnic minorities and
encouraged the practice of local customary law. Some political parties
maintained political and historical connections to tribal groups and
promoted their interests.
The government grants special recognition to traditional leaders,
including 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 Agreement.
On January 14, police killed two persons, injured more than 20, and
arrested 129 who gathered in Limilunga to demand the restoration of the
Barotseland Agreement. The protests spread to Mongu when police cracked
down on protesters. Those arrested were charged with offenses ranging
from treason to conduct likely to cause breach of peace. Upon assuming
office on September 23, President Sata pardoned and released all the
Barotse detainees and appointed a commission of inquiry to investigate
the January disturbances (see section 2.b.).
Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--The law criminalizes
consensual same-sex sexual activity and provides penalties of 15 years
to life imprisonment for individuals who engage in ``unnatural'' acts.
A lesser charge of ``gross indecency'' carries penalties of up to 14
years imprisonment. The government enforced the law against same-sex
sexual activity and did not respond to societal discrimination.
Societal violence against gay men occurred, as did societal
discrimination in employment, housing, and access to education or
health care. Some groups actively promoted the rights of lesbian, gay,
bisexual and transgender (LGBT) persons, but none was formally
registered. Groups held social gatherings but did not participate in
open demonstrations or marches, due to societal discrimination against
LGBT persons.
On March 17, Magistrate Mwaka Mikalile convicted three male
students at Kabulonga Boys High School in Lusaka of committing indecent
practices against other male students and sentenced them to 12 months
in a reformatory school with counseling. Two other students were
acquitted.
Other Societal Violence or 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.
Individuals increasingly sought free access to HIV/AIDS counseling
and testing, and more than 380,000 HIV patients, including more than
23,000 children, were receiving antiretroviral treatment by year's end.
Section 7. Worker Rights
a. Freedom of Association and the Right to Collective Bargaining.--
The law provides for the right of workers to form and join independent
unions, conduct legal strikes, and bargain collectively. The law allows
workers to form and belong to trade unions of their choice without
previous authorization or excessive requirements, but police officers
and military personnel were not permitted to form unions. The law
allows unions to conduct their activities without interference.
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, but 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. The
process of exhausting other legal alternatives to striking is lengthy.
The law does not limit the scope of collective bargaining.
The law also prohibits antiunion discrimination and employer
interference in union functions, and provides remedies for workers
dismissed for union activity.
The government generally protected unions' right to conduct their
activities without interference in practice. The government enforced
the law prohibiting antiunion discrimination and employer interference
in union functions.
Freedom of association and the right to collective bargaining were
generally respected.
Workers exercised most of these rights in practice. Workers'
organizations were independent of government and political parties.
Although there were no reports of antiunion discrimination or other
forms of employer interference in union functions, there were reports
of violence against labor protesters. For example, on January 18, a
security guard shot and killed National Pensions Scheme Authority
(NAPSA) worker John Phiri on site during a protest by NAPSA workers
demanding better working conditions.
On April 2, prosecutors discontinued the case against two Chinese
managers at the Chinese Collum Coal Mine (CCM) in Sinazongwe, following
compensation of the 13 victims who were shot and wounded during a
protest. The government took some steps to improve working conditions
at the mine.
Some employers reportedly frequently refused to bargain with
workers' unions and often employed casual workers or workers on short-
term contracts in order to avoid hiring workers on long-term basis and
consequently empowering them with more bargaining power.
While the law provides for the right to strike, due to lengthy
procedural requirements, most unions chose to strike illegally. Workers
who engaged in illegal strikes can be dismissed by their employers; the
government at times intervened for political reasons when such
dismissals occurred.
For example, on March 27, workers at the Shoprite grocery chain
went on strike for health benefits. The strike lasted more than three
days. Although management dismissed all striking workers, the
government and trade unions intervened, and all were reinstated.
There are no known special laws or exemptions from regular labor
laws in the Lusaka and Chambishi Multi-Facility Economic Zones.
b. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, including by children. 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. The government largely
effectively enforced such laws.
There were reports that such practices occurred in labor-intensive,
informal-sector work, particularly in domestic service, hospitality,
agriculture, and construction. Forced labor also occurred in the
agriculture and mining sectors but was not common. Although forced
labor most commonly involved Zambian women and children, Asians and
South Asians continued to be brought to and through Zambia for forced
labor in the mining and construction industries. An increasing number
of Chinese and Indian men recruited to work in Chinese or Indian owned
mines in the Copperbelt region were reportedly kept in conditions of
forced labor by mining companies.
Also see the Department of State's Trafficking in Persons Report at
http://www.state.gov/j/tip.
There were no reports of the government's calling on citizens to
perform traditionally obligatory communal work during the year.
c. 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. The minimum age
for employment is 15; for hazardous work, it is 18. The act makes no
specific references to children. Restrictions on child labor relate to
prohibiting work that harms a child's health and development, or work
that prejudices a child's attendance at school. The law also prohibits
slavery and the procurement or offering of a child for illicit
activities. Although required by its international obligations, Zambia
had not promulgated a list of occupations considered 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.
The Ministry of Labor, Youth, and Sport serves as chair of the
National Steering Committee on Child Labor, which is responsible for
the implementation and enforcement of child labor laws and regulations,
with penalties for violations 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.
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. Because
more than 92 percent of child labor occurred in the agricultural
sector, most often with the consent of families, inspectors from the
Ministry of Labor, Youth, and Sport focused on counseling and educating
families that employed 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 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, but
the Ministry of Labor, Youth, and Sport reported that resource
constraints prevented it from providing all required training. The
government participated in several projects to combat child labor and
has generally been supportive.
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 always effectively
enforced. According to the Zambia Labor Force Survey released in
August, over one-third of children aged 7-14 years, some 950,000
children in absolute terms, were at work in 2008. This was down from
nearly 48 percent of children employed in 2005. Of those employed,
nearly 92 percent worked in agriculture.
Also see the Department of Labor's Findings on the Worst Forms of
Child Labor at http://dol.gov/ilab/programs/ocft/tda.htm.
d. Acceptable Conditions of Work.--The minimum wage (basic pay,
excluding other allowances) was raised in January from 268,000 kwacha
($52) per month to 419,000 kwacha ($82) 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. For unionized workers, wage scales and maximum workweek
limits were established through collective bargaining. In practice
almost all unionized workers received salaries considerably higher than
the nonunionized minimum wage. Most minimum wage earners supplemented
their incomes through second jobs, subsistence farming, or reliance on
extended family. The minimum wage statutory instrument did not apply to
domestic servants. The Ministry of Labor, Youth, and Sport is
responsible for enforcing the minimum wage, and its inspectors received
and resolved complaints.
According to the law, the normal weekly hours should not exceed 48
hours. The standard workweek is 40 hours for office workers and 45
hours for factory workers. 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 law also regulates minimum occupational safety and health (OSH)
standards in industry. The law protects the right of workers to remove
themselves from work situations that endangered health or safety
without jeopardy to their continued employment. City and district
councils were responsible for enforcement. The inspector of factories
under the minister of labor handled factory safety. The Ministry of
Labor, Youth, and Sport Youth continued to conduct labor inspections
during the year and ordered businesses to close when it found
significant violations of labor laws. Some small-scale employers and
mining firms did not abide by the law on minimum wages.
The government effectively enforced the workweek standards.
However, due to staffing shortages, the government enforcement of the
OSH standards was limited.
An HRW report on Chinese mines released in November indicated that
miners worked long hours without sufficient overtime pay, were often
victims of preventable accidents, and worked under threat of being
fired for refusing to work in areas reasonably perceived to be
dangerous. Across these mines, workers reportedly developed serious
lung disease, such as silicosis, due to poor ventilation and constant
exposure to dust and chemicals. The government throughout the year
engaged mining companies and took some steps to improve working
conditions in the mines.
Despite the legal protection, workers did not exercise the right to
remove themselves from work situations that endangered their safety and
health in practice. The government acted when well known occupational
health problems existed, such as by requiring that underground mine
workers receive annual medical examinations. However, the November HRW
report stated that many mine accidents were not reported to the
government and estimated that on average 15 fatalities were recorded
each year since 2001.
On April 25, a contractor employee working for Avantech at Lumwana
Mine in North Western Province was crushed to death by a grader.
__________
ZIMBABWE
executive summary
Zimbabwe is constitutionally a republic, but its authoritarian
government was not freely elected and has been dominated by President
Robert Mugabe and his Zimbabwe African National Union-Patriotic Front
(ZANU-PF) since independence in 1980. Presidential and parliamentary
elections held in 2008 were neither free nor fair. While the March 2008
election was generally peaceful--and two factions of the opposition
Movement for Democratic Change (MDC) gained a parliamentary majority--
violence and intimidation perpetrated by security forces and nonstate
actors loyal to ZANU-PF in the months leading up to the June
presidential runoff resulted in more than 270 confirmed deaths,
thousands of injuries, and the displacement of tens of thousands of
persons. Opposing presidential candidate Morgan Tsvangirai withdrew
from the runoff contest, and President Mugabe was declared the winner.
International condemnation of the presidential runoff election resulted
in a mediated solution outlined in the 2008 Global Political Agreement
(GPA) signed by ZANU-PF and the two MDC factions led by Morgan
Tsvangirai (MDC-T) and Arthur Mutambara (MDC-M). Mugabe retained the
presidency, Tsvangirai became prime minister, and Mutambara became
deputy prime minister. In January the MDC-M elected Welshman Ncube as
its new president at the party's congress, changing the party's acronym
to MDC-N. Mutambara retained his seat as the deputy prime minister.
There were instances in which elements of the security forces acted
independently of civilian control.
The most important human rights problems in the country remained
the government's targeting for harassment, arrest, abuse, and torture
of members of non-ZANU-PF parties and civil society activists,
widespread disregard for the rule of law among security forces and the
judiciary, and restrictions on civil liberties.
ZANU-PF's control and manipulation of the political process
effectively negated the right of citizens to change their government.
Prison conditions were harsh. Lengthy pretrial detention was a problem.
Executive influence and interference in the judiciary continued, and
the government infringed on citizens' privacy rights. Freedoms of
speech, press, assembly, association, and movement were restricted, and
the government continued to evict citizens, invade farms, and demolish
homes and informal marketplaces. The government impeded nongovernmental
organization (NGO) efforts to assist those displaced and other
vulnerable populations. The government arrested, detained, and harassed
NGO members. Government corruption remained widespread, particularly at
the local level. Violence and discrimination against women; child
abuse; trafficking of women and children; and discrimination against
persons with disabilities, racial and ethnic minorities, the lesbian,
gay, bisexual, and transgender (LGBT) community, and persons with HIV/
AIDS were problems. Government interference with labor-related events
occurred. Child labor, including the worst forms of child labor, was a
problem.
The government did not take steps to prosecute or punish security
force or ZANU-PF supporters who committed abuses, and impunity
continued to be a serious problem.
Section 1. Respect for the Integrity of the Person, Including Freedom
from:
a. Arbitrary or Unlawful Deprivation of Life.--There were reports
that the government or its agents committed arbitrary or unlawful
killings. Police units sometimes organized or participated in political
violence. Perpetrators were rarely punished.
On September 23, private security guards took four individuals
suspected of being illegal diamond panners to the local police base in
the Chiadzwa diamond field. The four individuals--Tsorosai Kusena,
Onesai Kusena, Pikirai Kusena, and John Gwite--were subsequently beaten
by Joseph Chani, the police officer in charge. Tsorosai Kusena died
later that night due to traumatic shock from assault, according to a
postmortem exam. The next day police took the three survivors to the
Mutare Central Police Station, where they were interrogated until late
that night before being released without charge. All three survivors
suffered injuries to their backs, knees, and buttocks. The police
opened a criminal investigation, and the security guards who brought
the four to the police base were witnesses in the case. An
investigation was pending at year's end.
Supporters of both ZANU-PF and MDC-T were responsible for killings
during the year.
On August 5, suspected ZANU-PF supporters abducted Maxwell Ncube, a
director of elections for the MDC-M in Midlands Province. On August 8,
Ncube's body was found with an injury to the head apparently inflicted
by an axe. According to witnesses the perpetrators were known ZANU-PF
members who had previously attacked Ncube in 2008. An investigation was
pending at year's end.
On May 29, alleged MDC-T youths attacked and killed police
inspector Petros Mutedza at a bar in a high-density township in Harare.
Police arrested 28 individuals in connection with the killing and
charged them with murder. Most of the arrestees were members of the
MDC-T, including a member of the MDC-T National Executive Council,
several employees of the Harare City Council, and a number of local
party officials. During interrogation police beat the detainees' knees
with batons and subsequently refused to comply with a court order to
provide victims with medical treatment. By July 28, the High Court had
released 17 of the 24 individuals on bail. Bail was repeatedly denied
for the remaining seven detainees, who remained in remand prison at
year's end. On September 7, police arrested two more MDC-T members in
connection with the killing, both of whom were released on bail on
September 21. On October 4 and 5, police arrested MDC Youth Assembly
chair Solomon Madzore and Lovemore Taruvinga Magaya in connection with
the killing. Magaya was released on bail on October 20; Madzore was
denied bail despite multiple appeals. A total of eight persons remained
in custody, and a police investigation continued at year's end.
No action was taken against ZANU-PF party activists responsible for
numerous killings in 2010. For example, no action was taken against
ZANU-PF party activists and war veterans (veterans of the liberation
war in the 1960s and 1970s against the government of Ian Smith) who in
April 2010 beat Memory Chaduka and 25 other informal traders in
Masvingo for failing to contribute money toward Independence Day
celebrations. Those who failed to make such contributions were accused
of being MDC supporters. Chaduka died from complications resulting from
her injuries.
During the year trials for a few politically motivated killings
from 2009 were heard in court. For example, on September 19, a
magistrate's court in Gweru opened the trial of four ZANU-PF activists
and two soldiers accused of the 2009 killing of MDC activist Moses
Chokuda, who was abducted from his home and beaten to death. On
September 26, the High Court convicted the four activists of murder and
sentenced each to 18 years in prison. The High Court acquitted the two
soldiers of the murder but convicted them of assault; the two received
a suspended 18-month sentence.
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 July 2010 that named approximately 11,000
perpetrators and catalogued them by province. Mashonaland East had the
largest number of perpetrators--an estimated 3,700. The killings were
primarily committed by members of ZANU-PF, including the party's youth
militia; individuals identifying themselves as 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.
In August the BBC reported the existence in 2008 of a torture camp
run by police and military personnel in the Marange diamond fields.
Police and military personnel reportedly recruited civilian workers to
illegally dig for diamonds. According to witnesses workers who were
caught mining for themselves or who demanded too large a share of the
profits were tortured, raped, and sometimes killed. In addition to
beatings and sexual abuse, prisoners were mauled by dogs, and at least
one woman reportedly died after such a mauling.
On March 8, Human Rights Watch (HRW) released the report Perpetual
Fear: Impunity and Cycles of Violence in Zimbabwe. The report examined
the lack of justice in several cases of political killings, torture,
and abductions by government security forces and their allies during
and after the presidential election run-off in 2008. In 2008 HRW
charged that the ZANU-PF government was responsible, at the highest
levels, for widespread and systematic abuses that led to the killing of
up to 200 people, the beating and torture of an estimated 5,000 others,
and the displacement of approximately 36,000 people.
b. Disappearance.--There were several credible reports of
politically motivated abductions and attempted abductions during the
year. Leaders of both MDC factions reported that state security agents
and ZANU-PF party supporters abducted and tortured MDC-T and MDC-M
members, civil society members, and student leaders as part of an
effort to intimidate them. Perpetrators were rarely punished.
For example, on June 24, police abducted Jameson Timba, the MDC-T
minister of state in the Office of the Prime Minister, as he departed
his government office. Timba had published a June 19 editorial that
accused ZANU-PF of distorting the outcome of the Southern Africa
Development Community (SADC) Extraordinary Summit in early May. Police
did not confirm either the detention or Timba's whereabouts for more
than 24 hours after his detention. On June 26, High Court Judge Joseph
Musakwa found no grounds for Timba's detention and ordered his
immediate release. Police furnished Timba with a ``warned and caution
statement'' for allegedly undermining the Office of the President in
his editorial. The case was pending at year's end.
According to the Students Solidarity Trust, a local NGO that
provides assistance to student activists, there were three cases in
which activist students were abducted and tortured during the year.
No action was taken against Masvingo security agents who in May
2010 abducted and tortured Alec Tabe and Godfrey Kuraune, two leaders
of the Zimbabwe National Students Union. 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.
The government investigated none of the numerous 2010 abductions
perpetrated by unidentified assailants who interrogated, assaulted, or
tortured victims, some of whom were located in police custody days or
weeks later.
On September 15, the Supreme Court held the first hearing in
connection with the 2008 abduction and torture by state security agents
of 18 individuals, including 14 MDC-T members, three human rights
activists, and one journalist. In 2008 multiple court cases were
brought against the 18 for sabotage and bombing. The Supreme Court
hearing responded to a challenge filed by seven of the defendants, who
requested a ruling before the next court proceeding on the violation of
their constitutional rights. The Supreme Court postponed its ruling to
an undermined date.
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 with impunity and with the
implicit support of officials affiliated with ZANU-PF. Police used
excessive force in apprehending and detaining criminal suspects.
Security forces assaulted and tortured citizens in custody,
particularly perceived opponents of ZANU-PF. In some cases police
arrested the victims of violence and charged them with inciting public
violence. Police units also organized and participated in political
violence affiliated with ZANU-PF.
Human rights groups reported that physical and psychological
torture perpetrated by security agents and ZANU-PF supporters
continued. Torture methods included beating victims with sticks, clubs,
whips, and cables; burning; falanga (beating the soles of the feet);
solitary confinement; and sleep deprivation.
From January through December, according to one NGO, 549 persons
sought treatment for injuries and trauma sustained from security force
abuse, compared with 5,051 victims who sought treatment in 2010.
Observers attributed the dramatic reduction in violence to a reduction
in national political events. Nearly 70 percent of the cases took place
in Harare, and approximately 65 percent of the victims were affiliated
with the MDC.
Police harassed and assaulted citizens for minor offenses. For
example, on February 9, police arrested MDC-T member of parliament (MP)
Costin Muguti and nine others for inciting public violence. The group
had allegedly parked their car on the road and danced to MDC music. A
lawyer provided by Zimbabwe Lawyers for Human Rights (ZLHR) was charged
with acting violently toward the police when he attempted to gain
access to the detainees. On February 14, the magistrate released the
group on $50 bail each (the U.S. dollar is among foreign currencies
used for transactions). Muguti was arrested at least three more times
for politically motivated reasons during the year and faced concurrent
multiple charges in court. A trial continued at year's end.
No action was taken against security forces who used excessive
force on detainees in 2010. For example, no investigation was conducted
against police involved in the September 2010 arrest and abuse of Choga
Njiva, who was hospitalized with lacerations to the eye and back,
swollen genitals, a swollen chest, and fractured ribs. Njiva was
arrested on allegations of armed robbery and killing a senior police
officer. An investigation had not taken place by year's end.
Police use of excessive force to disperse demonstrators resulted in
injuries (see section 2.b.).
Security forces raped women during the year (see section 1.a.).
According to media reports, Franco Ndambakuwa, a ZANU-PF MP from
Magunje, was arrested on July 1 for allegedly raping a 15-year-old
girl. After news of the incident was released, other victims made
similar charges against Ndambakuwa, who was accused in 2010 of
impregnating a 17-year-old girl who subsequently committed suicide.
On September 19, a magistrate's court in Masvingo sentenced Gilbert
Mavhenyengwa, a war veteran, to 20 years in jail for leading a group of
ZANU-PF-affiliated youth who assaulted and raped an MDC-T supporter in
the 2008 presidential runoff. Mavhenyengwa and the ZANU-PF youths
abducted the victim from her home and marched her to their base, where
the rape occurred.
ZANU-PF supporters--often with support from police--continued to
assault and torture 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-T
continued, particularly in urban areas. Supporters of both parties
instigated such incidents.
During the year ZANU-PF youth attacked scores of people, mainly MDC
supporters, in the high-density neighborhoods of Harare, as well as in
areas outside the capital such as Chitungwiza, Mbare, and Bikita.
Police arrested the victims of the violence rather than the
perpetrators.
In a similar case, in early February several MDC-T supporters were
injured and some hospitalized as a result of attacks by alleged ZANU-PF
youth in Mbare. Police later arrested 19 MDC-T supporters and accused
them of inciting the violence. They were eventually released on bail.
On February 28, ZANU-PF supporters, including youth and individuals
identifying themselves as war veterans, abducted MDC-T supporter
Sibongile Ncube in Gwanda and tortured him with an iron bar. On
February 29, Ncube was released. An investigation was pending at year's
end.
No investigation was conducted into October 2010 attacks by ZANU-PF
supporters in Harare. In one incident ZANU-PF supporters stabbed MDC-T
member Jonsaya Manyere after a constitutional outreach meeting in
Harare. Manyere suffered a head wound and was discharged from the
hospital in November. In a separate incident, ZANU-PF sympathizers beat
MDC-T member Peter Garanewako, who had participated in another
constitutional outreach meeting in Harare the same day.
Reports surfaced during the year that security forces in 2008 beat
and abused illegal miners in the Marange diamond fields (see section
1.a.).
Prison and Detention Center Conditions.--Conditions in the 46 main
prisons and 22 satellite prisons were harsh, although there were some
improvements during the year. Prison guards beat and abused prisoners.
While prisons operated below capacity, NGOs reported that overcrowding
continued due to dilapidated infrastructure, lengthy pretrial
detentions, and prolonged trials. The occupation of cells in each
prison by prison guards also contributed to overcrowding.
Poor sanitary conditions resulted in disease, including diarrhea,
measles, tuberculosis, and HIV/AIDS-related illnesses. Medical care,
lighting, and ventilation were inadequate. There were insufficient
mattresses, warm clothing, sanitary supplies, and hygiene products. In
marked improvement from previous years, however, prisoners received at
least two meals a day as a result of the revitalization of the
country's 23 prison farms; prisoners received one daily meal the
previous year. Like most citizens of the country, prisoners had no
access to potable water. The sale of prison farm products allowed
authorities to address some shortages, and each prisoner was provided
with two uniforms during the year.
The Zimbabwe Prison Service (ZPS) tested prisoners for HIV only
when requested by the prisoners or prison doctors. Due to inadequate
facilities, outdated regulations, and the lack of medical personnel and
medication, prisoners suffered from routine medical conditions such as
hypertension, tuberculosis, diabetes, asthma, and respiratory diseases.
NGOs also reported isolated cases of pellagra, an illness caused by a
deficiency in protein and aggravated by poor lighting and ventilation.
Neither the ZPS nor NGOs provided information on the prisoner death
rate during the year. NGOs confirmed that they no longer tracked death
rates given the dramatic decrease in prisoner deaths since 2009, when
an estimated 40 prisoners died monthly as a result of malnutrition and
disease, particularly HIV/AIDS.
There were approximately 14,000 prisoners, including 340 women and
130 juveniles; the prison system was designed for a maximum of 17,000
prisoners. Between 20-30 children under the age of three lived with
their incarcerated mothers. NGOs reported that female prisoners
generally fared better than males, were held in separate prison wings,
and were guarded by female officials. Women generally received more
food from their families than male prisoners, but 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 or that female prisoners may not
have reported abuse. Prisons, with support from NGOs, provided sanitary
supplies for women. Pregnant and nursing mothers were not provided
additional care or food rations, but the ZPS solicited donations from
NGOs and donors for additional provisions.
There was one juvenile prison, but juveniles were also held in
adult prisons throughout the country. Officials generally tried to
place juvenile inmates in separate cells. Juveniles were generally sent
to prison instead of to reformatory homes, as stipulated in the
Children's Act. Juveniles were particularly vulnerable to abuse by
prison officials and prisoners, and one church group confirmed two
cases of abuse against juveniles by year's end. In both cases the
Department of Social Services took over the investigation.
According to the ZPS, remand prisons were overcrowded and
conditions were harsh. Pretrial detainees were often held with
convicted prisoners until their bail hearings. Unlike in previous
years, lack of fuel no longer impeded the transport of detainees to
court to attend their trials.
Many detainees were held in severely overcrowded police facilities.
Police used cruel, inhuman, or degrading treatment or punishment
against those in custody. Those detained for politically motivated
reasons were kept at police stations for days, weeks, or months while
their court dates or bail hearings were pending.
Due to a lack of health care professionals and medications,
prisoners with confirmed mental disabilities were generally sent to
prison rather than mental institutions (see section 6).
Prisoners were permitted religious observance, and all prisons
engaged locally based chaplains to provide basic services. Church
groups trained chaplains to provide religious services and life skills
classes to prisoners. Churches also conducted spiritual programs in
prisons.
Authorities permitted prisoners to submit complaints, but
investigations rarely were conducted. The ZPS continued to assess
prison conditions periodically, but no results of such assessments were
released.
Prisoners and detainees had relatively unrestricted access to
visitors, except in maximum security prisons.
The law provides international human rights monitors the right to
visit prisons, but government requirements made it difficult to do so.
The ZPS was more accommodating with local groups. Church groups seeking
to provide humanitarian assistance were able to gain access.
Organizations reported that their meetings with prisoners occurred
without third parties present, and there were few restrictions on how
they operated within the prisons.
There was no ombudsman or other mechanism to consider alternatives
to incarceration for nonviolent offenders; address the status and
circumstances of confinement for juvenile offenders; improve pretrial
detention, bail, and recordkeeping procedures; or ensure that prisoners
did not serve beyond the maximum sentence for the charged offense.
Local NGOs continued to lobby the government for institutional
reforms to relieve overcrowding, including alternative mechanisms to
settle allegations out of court and to release prisoners who had
committed only misdemeanors. The government adopted guidelines
developed for a pretrial diversion program for prisoners under the age
of 21 who committed minor offenses. Under the program juveniles would
receive training from diversion officers, prosecuting officers, and the
police.
d. Arbitrary Arrest or Detention.--The constitution and law
prohibit arbitrary arrest and detention, although some laws effectively
weakened these prohibitions. Despite the law security forces
arbitrarily arrested and detained persons, particularly political and
civil society activists perceived to oppose the ZANU-PF party.
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 Office of the President controlled some roles and
missions. The Zimbabwe National Army and Air Force, under the Ministry
of Defense, are responsible for external security, but the government
sometimes used them for domestic operations. The CIO, under the
Ministry of State for National Security, is responsible for internal
and external security.
Police were ill equipped, underpaid, and poorly trained,
particularly at the lower levels. Although prison authorities had
sufficient fuel, police did not, and the lack of fuel and other
resources further reduced police effectiveness. Poor working
conditions, low salaries, and high rates of dismissal in the ZRP
resulted in corruption and high turnover. De facto assurances of
impunity and a culture of disregard for human rights contributed to
police use of excessive force in apprehending and detaining criminal
suspects.
Security forces were rarely held accountable for abuses.
Allegations of excessive force and torture were often dismissed by
senior government officials, who claimed that such actions were
necessary to maintain public order. Court orders compelling
investigations into allegations of abuse were routinely ignored by
authorities. ZRP leadership loyal to ZANU-PF stifled, derailed, or did
not authorize the efforts of those police who sought to investigate
political violence. For example, police were reluctant or refused to
record reports of politically motivated violence or property
destruction perpetrated by ZANU-PF-aligned individuals against
political opponents.
The continued politicization of the ZRP's upper echelons, mostly
composed of war veterans loyal to ZANU-PF, made it difficult for lower
ranking police to remain politically impartial or to show support for
non-ZANU-PF parties. Police and army personnel suspected of being
sympathetic to the MDC or other political parties were threatened with
demotion, suspension, incarceration, or transfer to remote areas. Most
low-ranking personnel lived in ZRP-provided housing, which allowed the
monitoring of their votes during election years in certain districts.
On July 15, Assistant Inspector Tedious Chisango was fired from the
police force allegedly for playing an MDC song on his personal cell
phone while on duty. He was formally charged for actively participating
in politics while in the police force. Chisango and his family were
expelled from a police camp near Bulawayo.
There were numerous reports of corrupt police officials
investigated and arrested for criminal activity during the year.
Nevertheless, government efforts to reform the security forces were
minimal, and there were no reports of disciplinary actions taken
against security officers who erred in ZANU-PF's favor in their
official conduct. Training on nonpartisan implementation of the rule of
law was rarely provided.
There were no internal or external entities to investigate security
force abuse. In 2009 the National Security Council (NSC) was
established to replace the Joint Operation Command (JOC) in ensuring
accountability of the country's security sector. The JOC consists of
the army, police, prisons, and CIO. 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 met during the year, but President Mugabe
reportedly continued to meet with the JOC outside the NSC.
In March the ZRP relaunched an unsuccessful program begun in 2007
to recruit 20,000 additional members. ZRP officials reserved set quotas
for different ethnic groups to ensure equal representation in the
police force.
In November 2010 the Standard newspaper published an article
linking the cancellation of the annual police examination to a ploy by
police to hire war veterans and retired police officers ahead of the
next round of presidential elections, which had not been scheduled by
year's end. 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 journalists from the Standard were arrested and charged
with criminal defamation after the article appeared (see section 2.a.).
Police stood by without intervening on numerous occasions in which
ZANU-PF-aligned individuals engaged in political violence. For example,
at the September 6 opening of parliament, ZANU-PF brought in by bus
hundreds of supporters a few hours prior to the official opening.
Donning party regalia and singing pro-ZANU-PF songs, the group made its
way to Unity Square, near parliament, where the crowd swelled to an
estimated 4,000 people. ZANU-PF supporters used sticks and iron bars to
assault suspected MDC supporters, and police took no immediate action
to quell the disruption. ZANU-PF supporters also threw stones at the
crowd that had assembled to observe the opening of parliament. More
than 14 individuals were seriously injured.
In November police did not intervene when ZANU-PF youths violently
disrupted two MDC-T rallies in Harare's high-density neighborhoods in
early November.
Arrest Procedures and Treatment While in Detention.--The law
stipulates that arrests require a warrant issued either by the court or
a senior police officer and that police inform an arrested person of
the charges before taking the individual into custody, but 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 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.
The law provides for bail, although the attorney general has the
power to suspend bail while an appeal is lodged. High court judges at
times granted bail independently. The law allows police to hold persons
suspected of committing financial crimes for up to four weeks without
bail. 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.
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, and even then were at times denied
access in political cases. Detainees, particularly those of high
profile, were often held incommunicado. The government also continued
to harass and intimidate human rights lawyers when they attempted to
gain access to their clients in police custody.
For example, on July 9, the chief superintendent of the Harare
Central Police Station attempted to seize the cell phone of ZLHR lawyer
David Hofisi to download information about a case that he was
representing. Hofisi refused to hand over his phone, citing privacy and
the need to protect attorney-client privilege. On July 10, Hofisi was
ordered to return to the police station and was threatened with arrest
for obstruction of justice if he did not hand over the phone. On the
same day, High Court Justice Francis Bere granted the provisional order
sought by the ZLHR to interdict the police from seizing Hofisi's phone
and any other information related to his legal practice.
Arbitrary Arrest.--The government continued to use arbitrary arrest
and detention as tools of intimidation and harassment, especially
against non-ZANU-PF government officials, political activists, civil
society members, student activists, and journalists. For example, on
February 19, police arrested and detained 46 labor union and student
activists who had gathered for a video presentation and discussion of
popular protests in Egypt and Tunisia. The activists were charged with
attempting to overthrow the government by unconstitutional means.
During their first two nights in detention, unidentified individuals
reportedly beat eight of the detainees. On February 24, the 46
detainees appeared in court and were charged with treason, which
carries a maximum penalty of death. On March 7, a magistrate's court
dismissed treason charges against 39 of the 46 defendants but found
there was a prima facie case against six others and referred their bail
application to the High Court; the seventh activist was released for
unknown reasons. On March 16, the High Court granted bail to the
remaining defendants and noted in its ruling the weakness of the
state's case. In May the state changed its charge against the six
remaining defendants from treason to subverting a constitutional
government. On July 18, the state altered its charges for the second
time to conspiring to commit public violence, which is punishable by a
fine or imprisonment. The trial was postponed multiple times, and the
case was pending at year's end.
The nullification of the 2008 election of MDC-T's Lovemore Moyo as
speaker of parliament in early March prompted a series of arrests of
MDC-T MPs during the year in what appeared to be a coordinated effort
to influence the vote in the weeks leading up to the new election on
March 29. In the week before the new election, for example, Douglas
Mwonzora--MDC-T spokesperson and cochair of the Constitutional
Parliamentary Committee--was arrested for allegedly instigating
violence at a rally in his constituency on February 15. Mwonzora was
subsequently released. Police had previously arrested Mwonzora and kept
him in detention for 25 days on the same charge.
According to the local NGO Students Solidarity Trust, approximately
30 students were arrested or detained, and approximately seven students
were expelled or suspended, for engaging in student activism between
January and August. The NGO also reported three cases of torture and
abduction during the same time period.
The government on occasion restricted human rights activists from
using cultural platforms. For example, on January 5, police in
Manicaland Province arrested nine artists and a driver with Rooftop
Promotion and charged them with criminal nuisance, allegedly for
holding a theater performance that could incite the audience to public
violence. The play, called Rituals, focused on the theme of healing and
reconciliation and was to be performed throughout the country. The
group was detained for two nights and released on January 7. On March
22, a magistrate's court acquitted the group due to lack of credible
evidence. On February 18, police in Mashonaland Central Province
arrested three members of the same group and released them the next day
without charge.
There were no developments in the March 2010 arrest of Bulawayo
artist Owen Maseko following the launch of his exhibition on the
Gukurahundi massacres (see section 2.a.).
Pretrial Detention.--Prolonged pretrial detention remained a
problem, and some detainees were incarcerated for several months before
trial or sentencing due to a critical shortage of magistrates and court
interpreters, poor bureaucratic procedures, and political reasons.
Other prisoners remained in prison because they could not afford to pay
bail, which remained exorbitant given economic conditions in the
country. Lawyers 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, and 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, but the judiciary lacked independence and was
under intense pressure to conform to government policies. The
government repeatedly refused to abide by judicial decisions and
routinely delayed payment of court costs or judgments awarded against
it in civil cases. Judicial corruption was widespread.
For example, in a three-to-two ruling on March 10, the Supreme
Court nullified the 2008 election of MDC-T member Lovemore Moyo as the
country's first non-ZANU-PF speaker of parliament. The Supreme Court's
decision to nullify the election of Moyo was widely perceived as
politically motivated, and Moyo was reelected to the speaker position
on March 29 in a process that was not legally contested.
On March 10, police arrested Elton Mangoma, the MDC-T deputy
treasurer general and minister of energy and power development, for
alleged irregularities in procurement of fuel in early January. On
March 11, a magistrate's court ruled that it had no jurisdiction to
preside over the matter and referred the case to the High Court. On
March 16, Mangoma was released on $5,000 bail. On March 25, police
rearrested Mangoma for allegedly cancelling a tender for the supply of
prepaid electricity meters. Mangoma applied for bail at the High Court,
and the Attorney General's Office consented to bail on condition that
Mangoma stay away from his ministerial duties until the conclusion of
his trial, which was scheduled to start on July 18. On April 4, the
High Court granted bail and threw out the prosecution's request that
Mangoma be barred from his ministerial duties. On June 28, the High
Court acquitted Mangoma of the fuel procurement charge, and on July 18,
the state withdrew criminal charges in connection with the electricity
meter tender.
NGOs reported that senior government officials continued to
undermine judicial independence by a variety of methods, including
giving farms and homes to judges.
Magistrates heard the vast majority of cases. In June 2010 the
Judicial Services Act (JSA) went into effect. The JSA transfers
authority over judicial magistrates and their support staffs from the
Public Service Commission to the Judicial Services Commission (JSC),
provides that the JSC determine remuneration and other conditions of
service for magistrates, and provides for greater independence of
magistrates. Legal experts claimed that defendants in politically
sensitive cases were more likely to receive a fair hearing in
magistrates' courts than in higher courts, where justices were more
likely to make political decisions. In practice, however, the JSA's
impact was limited during the year, particularly in rural areas. ZANU-
PF sympathizers continued to successfully use threats and intimidation
to force magistrates, particularly rural magistrates, to rule in the
government's favor. Some urban-based junior magistrates, however,
demonstrated a greater degree of independence and granted MDC and civil
society activists bail against the government's wishes. Other judicial
officers not covered by the JSA, such as prosecutors and private
attorneys, also faced political pressure in politically charged cases,
including harassment and intimidation.
Trial Procedures.--The constitution provides for the right to a
fair trial, but this right frequently was compromised in practice due
to political pressure. Defendants enjoy a presumption of innocence
under the law, although this right 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 result in 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 and evidence on their own behalf
and to question witnesses against them. In practice these rights were
not always observed. Defendants and their attorneys have the right to
be furnished with all government-held evidence relevant to their cases,
although this right was often not respected. 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. Although these rights apply to all citizens, they often
were not respected in politically sensitive cases. Government officials
frequently ignored court orders in such cases, delayed bail and access
to medical care, and refused to enforce court orders related to land
disputes.
Political Prisoners and Detainees.--There were reports of
individuals arrested for political reasons throughout the year,
including MDC officials, their supporters, NGO workers, and civil
society activists. Many were held for one or two days and released,
while others were held for weeks or months. Political prisoners and
detainees were not given the same protections as other prisoners or
detainees, and prison authorities arbitrarily denied access to
political prisoners. 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 or prison.
Regional Human Rights Court Decisions.--The African Commission on
Human and People's Rights (an organization based in Banjul, The Gambia,
and mandated by the African Union) hears cases when member countries'
internal remedies have been exhausted or do not exist. There were two
pending cases from Zimbabwe before the commission at year's end.
In 2009 the country withdrew from the SADC Tribunal after it 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 High Court in previous years. Complainants
can bring a case after exhausting all available remedies or when unable
to proceed under domestic jurisdiction. Although the tribunal's ruling
against the government was not explicitly mentioned as a causative
factor, SADC members decided in August 2010 to review the role,
function, and terms of reference of the tribunal. On May 21, the SADC
heads of state decided against reinstating the tribunal and gave its
Council of Justice Ministers and Attorneys General until May 2012 to
complete the review.
Civil Judicial Procedures and Remedies.--Civil judicial procedures
allow for an independent and impartial judiciary, but the judiciary was
subject to political influence and intimidation--particularly in cases
involving high-ranking government officials, politically connected
individuals, or violations of human rights. Cases for which all
remedies have been exhausted may be appealed to the SADC. Lack of
judicial and police resources contributed to problems enforcing
domestic court orders.
Property Restitution.--The constitution stipulates that the
government must compensate persons for improvements made on land
subsequently 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.
During the year more than 570 households were resettled from the
allocated mining grounds in Chiadzwa to a government-owned agricultural
estate outside Mutare. In 2010 more than 70 households were resettled
in the same area. Each household received $1,000 for relocation but
faced numerous challenges, including lack of access to water, arable
land, and employment opportunities. By year's end the government had
not completed appraisal of the land and property lost by each family
for the purpose of property restitution.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The constitution and law prohibit such actions, but
the government did not respect these prohibitions 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. Government entities manipulated the distribution of food aid,
agricultural products, and access to other government assistance
programs to exclude suspected MDC supporters and to compel support for
ZANU-PF.
For example, on June 10, police in Bulawayo raided a property
belonging to the NGO Women of Zimbabwe Arise (WOZA) without a search
warrant. Several WOZA members who were holding a meeting on the
premises during the raid escaped. Police occupied the property until
June 21, when the High Court ordered the police to vacate the premises.
After police left WOZA members found the property in a state of
disrepair with several household items missing. They also found several
items believed to have been planted by the police, including two
bullets and copies of a falsified document calling for an Arab Spring-
style revolt in Zimbabwe on a bookshelf and in the document folders of
members who were at the meeting at the time of the raid.
The law permits 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
claimed the government used the law 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. ZANU-PF youths reportedly
evicted owners and occupants and placed their party supporters in
properties controlled by local councils without paying rent and leased
out market stalls to ZANU-PF card holders only. By year's end ZANU-PF
youth controlled almost all markets in Harare..
Land seizures remained a serious problem. A 2005 constitutional
amendment 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. A 2006 law 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
approximately 4,500 large-scale and primarily white-owned farms in the
country for seizure and redistribution to black Zimbabweans,
particularly ZANU-PF supporters.
Some of the approximately 400 remaining white commercial farmers
continued to be targeted, harassed, and threatened with eviction by
farm beneficiaries, unemployed youth, and individuals hired by those
who stood to benefit. Invasions also took place on privately owned
wildlife conservancies in Masvingo Province, reportedly with the
collusion of Titus Maluleke, the provincial governor. There were
reports of farmers forced off their farms at gunpoint, despite being in
possession of a court order allowing them to remain on the property,
and denied the opportunity to collect their personal belongings. Black
farm workers on white-owned farms were beaten, intimidated, or
displaced (see section 2.d.). Police, in most cases, did not intervene
while invaders and looters carried on their activities.
For example, on October 4, white Zimbabwean farmer Wayne Greaves
left his farm along with 90 of his laborers after a High Court judge
ruled that he had a week to vacate the property to allow Hudson Zhanda,
a black farmer, to take over his property. Greaves, who was named
tobacco farmer of the year in 1997, was forced to leave a tobacco crop
worth $700,000 in the ground.
On August 13, Onisimas Makwengura, a self-identified CIO agent, led
a group in an attack on the farm of Dolf and Alida du Toit. The
attackers surrounded the farm house and destroyed the windows and the
roof to get into the house. On August 14, the mob used a tractor to
pull off the security gates. One of the attackers hit Dolf du Toit in
the head with a rock when he attempted to stop the looting. Police, who
were informed of the planned invasion on August 12, did not arrive
until August 14, when they escorted the du Toit family off the farm.
The police, who said they could not guarantee the safety of the family,
made no arrests. The du Toit family was the fourth family in the area
to be forced off their farm by the same group since March.
Farmer unions and NGOs believed that invasions intensified after
the SADC's May decision to suspend its tribunal until May 2012 (see
section 1.e.). In previous years the tribunal found the government in
contempt of a 2008 tribunal ruling by allowing ongoing invasions,
arrests, and prosecutions of evicted commercial farmers.
No action was taken against perpetrators of land invasions,
seizures of property, and attacks on farm owners and workers from
previous years.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--Status of Freedom of Speech and
Press.--The constitution provides for freedom of speech and press, but
legislation limits these freedoms in the ``interest of defense, public
safety, public order, state economic interests, public morality, and
public health.'' Making a false statement prejudicial to the government
carries a maximum prison sentence of 20 years. The government continued
to arrest, detain, and harass its critics, and journalists practiced
self-censorship.
Freedom of Speech.--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. CIO agents and informers
routinely monitored political and other meetings. Persons deemed
critical of the government were targeted for harassment, abduction,
interrogation, and sometimes torture.
On December 19, MDC-T parliamentarian Lynette Karenyi was arrested
for insulting the president at a political rally. Karenyi had
criticized President Mugabe over his stand against homosexuality (see
section 6). On December 28, Karenyi was released on bail, and her case
continued at year's end.
During the year police instructed Prime Minister Tsvangirai to
refrain from invoking hate speech or making derogatory remarks against
other political parties during MDC rallies held in March. Many
observers considered the police warning against the prime minister, who
did not use hate speech, as a political tactic.
In November Magistrate Charles Murove referred the cases of Eliah
Jemere, an MDC-T legislator, and Gilbert Kagodora, the provincial party
treasurer for Mashonaland Central, to the Supreme Court. In June 2010
Jemere and Kagodora were arrested for insulting the Office of the
President at an MDC-T rally. Both were subsequently released on bail.
Kagodora filed an application challenging the constitutionality of the
charge. The case was pending at year's end.
During the year a magistrate's court acquitted Teddy Chipere, MDC-T
chairman of Makoni Central, on the grounds that the state took too long
to bring the case to trial. In June 2010 police in Mutare arrested
Chipere for insulting the Office of the President. He was released on
bail three days later.
The appeal remained pending of Gift Mafuka, who was released on
bail pending appeal after being sentenced in September 2010 to one year
in prison with hard labor for insulting President Mugabe.
Freedom of Press.--The government continued to restrict freedom of
the press. The Ministry of Media Information and Publicity (MMIP)
controlled the state-run media. High-ranking ZANU-PF officials,
including President Mugabe, used the media to threaten violence against
critics of the government. MMIP officials routinely threatened
independent news organizations that criticized ZANU-PF and President
Mugabe.
Despite threats and pressure from the government, the number of
independent newspapers increased after the Zimbabwe Media Commission--
which oversees media regulation, registration, and accreditation--
granted publishing licenses in 2010. In March the Daily News, which was
banned in 2003, resumed publishing. The Mail, another daily, also began
publishing in March but ceased publication in July due to financial
problems. Four independent weeklies continued to operate, and all
independent newspapers continued to criticize the ``inclusive''
government and ZANU-PF. They also exercised self-censorship due to
government intimidation and the continuing prospect of prosecution
under criminal libel and security laws.
The government continued to use accreditation laws to prevent entry
into the country of international media perceived to be critical of the
government. Nevertheless, international media outlets such as CNN, Al
Jazeera, and BBC continued to operate from within the country. Foreign
journalists continued to report that government agents followed them
and prevented them from covering certain news events.
In March the government denied accreditation to ETV reporter Robyn
Kriel, who was born in the country but lived and worked in South
Africa. No reason for the denial was given, but Kriel previously
reported on human rights abuses committed by ZANU-PF supporters during
the 2008 elections.
On April 25, CIO officials raided the headquarters of independent
newspaper Newsday and confiscated hard disks and 11 computers. The
office of Newsday editor Brian Mangwende was ransacked. A few days
before the raid, the newspaper published an article that called on
President Mugabe to step down. During the year Newsday vendors were
threatened and copies of their newspapers confiscated.
On August 26, Zimbabwe Media Commission Chairperson Godfrey Majonga
threatened to ban all foreign publications circulating in the country
that had not been registered with the government-appointed regulatory
body. Despite the threat several foreign-based newspapers published
outside the country continued to circulate in the country, including
the Sunday Times, Business Day, and the Zimbabwean. These publications
continued to be critical of the government.
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. The government continued to jam 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.
In May MMIP minister Webster Shamu announced that the government
had procured equipment to establish eight community radio stations with
technical assistance from the Zimbabwean Broadcasting Corporation
(ZBC). Nevertheless, no community radio stations had been established
by September. In July the Broadcasting Authority of Zimbabwe, the
regulatory body that licenses radio and television stations, invited
applications for two national commercial radio broadcast licenses, but
no new licenses were issued despite numerous applications submitted
from independent prospective broadcasters. The Broadcasting Authority
of Zimbabwe was not formally constituted by year's end.
The government controlled ZBC, the only domestically based
television broadcasting station, which operated two television
channels. International satellite television broadcasts were available
through private firms but were too expensive for most citizens.
Violence and Harassment.--Journalists were assaulted by MDC and
ZANU-PF supporters during the year. For example, on March 24,
supporters of Prime Minister Tsvangirai attacked Daily News reporter
Xolisani Ncube, who was interviewing persons at MDC headquarters. One
of the assailants hit Ncube in the face and stole his camera. The
attack came two weeks after MDC spokesman Nelson Chamisa expelled
freelance journalist Nkosana Dhlamini from a Tsvangirai news conference
after Dhlamini asked Tsvangirai a question.
Security forces arbitrarily harassed and arrested local and foreign
journalists who reported unfavorably on government policies or security
force operations. Senior ZANU-PF officials also criticized local and
foreign independent media outlets for allegedly biased reporting that
discredited President Mugabe and misrepresented the country's political
and economic conditions.
On May 10, police arrested independent journalist Mzwandile Ndlovu
and charged him with reporting a fictitious story. On April 23, Ndlovu
published an article noting that a scheduled meeting between the Organ
on National Healing, Reconciliation, and Integration and a coalition of
organizations had been cancelled because two of the main participants--
including Vice President John Nkomo--had not arrived. The article also
reported on the arrest of Moses Mzila Ndlovu, a government minister and
a member of the MDC-N faction. Trial was pending at year's end.
On July 15, police in Ntabazinduna arrested and briefly detained
journalists Nqobani Ndlovu of the Standard, Pindai Dube and Oscar Nkala
of the Daily News, and freelance journalist Pamenos Tuso. The four
journalists reported on the expulsion of Tedious Chisango, a police
officer who was fired from the police force on July 15 allegedly for
playing an MDC song on his personal cell phone while on duty. He was
formally charged for actively participating in politics while in the
police force. Chisango and his family were expelled from a police camp
near Bulawayo.
On December 5, police in Gwanda arrested three members of the Media
Monitoring Project of Zimbabwe (MMPZ), a media watchdog, for convening
a meeting in October without police approval. The three were also
charged with provoking a breach of peace in connection with MMPZ's
production of a DVD. Although reliable reports indicated the DVD was
about peace and reconciliation, police claimed it was on the
Gukurahundi atrocities. (Approximately 20,000 persons were killed
during the 1980s as a result of a government-sanctioned crackdown on
perceived insurgents in Matabeleland and Midlands region.) A
magistrate's court granted the three members bail on December 9, but
they remained in jail until December 16 pending the state's appeal
against bail. On December 7, police in Harare detained and questioned
MMPZ national director Andrew Moyse for five hours and released him
without charge. On December 28, police charged Moyse with publishing
statements undermining the president and served him with a warned and
cautioned statement. The case against the three members and Moyse
continued at year's end.
Censorship or Content Restrictions.--The government continued to
use the Access to Information and Protection of Privacy Act (AIPPA) 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.''
The law grants the government a wide range of legal powers to
prosecute persons for political and security crimes that are not
clearly defined. For example, the extremely broad Official Secrets Act
makes it a crime to divulge any information acquired in the course of
official duties.
On August 29, police questioned Zimbabwe Independent editor
Constantine Chimakure and reporter Wongai Zhangazha about a story
published in the newspaper's July 8 edition. The story alleged that the
MDC-T objected to attempts by Youth and Indigenization Minister Saviour
Kasukuwere to reintroduce the National Youth Service training program
because it was a ZANU-PF election strategy. The two were questioned on
the sources of the story, which was alleged by the police to be based
on cabinet deliberations, an offense under the Official Secrets Act.
Publishing Restrictions.--In April 2010 the government adopted new
regulations for the accreditation of journalists and registration of
media services and effectively instituted a new pricing regime for
accreditation and registration. The new regulations significantly
reduced the previously prohibitive fees. Practicing journalism without
accreditation can incur a fine or maximum of two years' imprisonment.
Libel Laws/National Security.--Antidefamation laws criminalize
libel of both public and private persons. The criminal code makes it an
offense to publish or communicate false statements prejudicial to the
state. The law allows 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.'' Any person who ``insults the president
or communicates falsehoods'' is subject to imprisonment.
On June 29, police arrested Standard journalists Patience Nyangove
and Nevanji Madanhire for criminal defamation and publication of
falsehood prejudicial to the state. The journalists had published a
story on the abduction of MDC-T Minister Jameson Timba in June (see
section 1.b.). Nyangove was released the same day after questioning.
Madanhire was released on $100 bail after two nights in detention. On
December 14, a magistrate's court dismissed the journalists'
application to refer the court to the Supreme Court. A trial was
pending at year's end.
Internet Freedom.--The law permits the government to monitor all
communications in the country, including Internet transmissions, and
the government restricted access to the Internet during the year.
For example, the government blocked Blackberry's Internet services,
including its messaging service. Because these services are encrypted,
they are not in compliance with the Interception of Communications Act,
which allows the government to intercept and monitor communications.
On February 24, police arrested Vikas Mavhudzi for subversion after
he allegedly posted a remark on Prime Minister Tsvangirai's Facebook
wall allegedly suggesting that the prime minister emulate prodemocracy
protests in Egypt. On March 16, a magistrate's court denied bail to
Mavhudzi, citing public security considerations. On March 31, the High
Court reversed the bail denial after an appeal. The trial was scheduled
to start on August 3 but was postponed after police admitted they could
not gain access to the page where the message was posted to use it as
evidence in court. On September 20, the magistrate's court dismissed
the case due to lack of evidence.
Academic Freedom and Cultural Events.--The government continued to
restrict academic freedom. The president is the chancellor of all eight
state-run universities and appoints all vice chancellors. The
government has oversight of all higher education policy at public
universities. The law restricts the independence of universities,
subjecting them to government influence and extending the disciplinary
powers of university authorities over staff and students.
CIO personnel at times assumed faculty and other positions and
posed as students at public and some private 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.
The government on occasion restricted human rights activists from
using cultural platforms to criticize the ruling party or President
Mugabe (see section 1.d.).
There were no developments in the case of Owen Maseko, who was
arrested in March 2010 following the launch of his exhibition on the
Gukurahundi massacres. Maseko was charged with undermining the
authority of President Mugabe and was released on bail. Bulawayo Art
Gallery director Voti Thebe was also summoned to court for displaying
Maseko's exhibition. In September 2010 Magistrate Mazhandu granted an
application to refer the matter to the Supreme Court for determination
of whether Maseko's freedom of expression had been violated. The
prosecution of Thebe's case was suspended pending outcome of the
Supreme Court challenge in Maseko's case, which remained pending at
year's end.
b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The constitution provides for freedom of assembly, but the
government restricted this right in practice. The law requires that
organizers notify the police of their intention to hold a public
gathering--defined as 15 or more individuals--seven days in advance.
Failure to do so results in criminal prosecution as well as civil
liability. The law also allows police to prohibit a gathering based on
security concerns but requires police to file an affidavit in a
magistrate's court stating the reasons behind the denial. Although many
groups that held meetings did not seek permits, other groups informed
the police of their planned events and were denied permission or
received no response.
Requests by civil society, trade unions, or political parties other
than ZANU-PF to hold public events were routinely denied if the agenda
contradicted ZANU-PF positions.
For example, in March police banned the MDC-T from holding rallies
in Harare on three occasions, citing security concerns. Police also
disbanded a March 20 MDC-N rally. In late October police disrupted and
cancelled a series of MDC-T rallies by Prime Minister Tsvangirai in
Matabeleland, North Province.
On April 13, police in Lupane arrested and detained Moses Ndlovu,
the MDC-N cominister of the Organ on National Healing and
Reconciliation and Integration, and Father Marko Mkandla, a Catholic
priest, allegedly for convening a meeting without notifying police.
Ndlovu and Mklandla, who had conducted a healing service at a primary
school in the area, were released on April 19 on $500 bail each. Their
case continued at year's end.
Police forcibly dispersed demonstrations and gatherings during the
year. For example, on April 6, police used tear gas to quell skirmishes
between ZANU-PF and MDC-T youths at a burial memorial in Harare. On
April 9, police disrupted a peace prayer session held at a church in
Harare. Approximately 20 riot police fired tear gas into the church and
arrested 13 persons; 12 of the detainees were released on April 11 and
the final detainee two days later. One detainee was charged with
assault. On May 10, police in Bulawayo beat an estimated 40 WOZA
members during a demonstration. Some women sustained mild injuries;
none were arrested.
No action was taken against police who forcibly dispersed
demonstrations in previous years.
ZANU-PF trained and deployed youths and war veterans to harass and
disrupt the activities of MDC members, labor groups, student movement,
civic groups, and journalists considered critical of ZANU-PF. For
example, in July ZANU-PF supporters disrupted four public hearings
conducted by a joint parliamentary committee on the Human Rights
Commission Bill. On July 23, several hundred ZANU-PF supporters in
Harare forced their way into parliament, where the final public hearing
was being conducted. The group assaulted journalists who were covering
the meeting, including Alpha Media photographer Aaron Ufumeli and
Financial Gazette reporter Lev Mukarati. None of the assailants was
arrested. The speaker of parliament ordered a report on the incident
and commissioned a joint report from police and security; however, no
report, investigation, or arrest was made by year's end.
Although the government harassed university student unions for
protesting against increased tuition fees, arrests of student
demonstrators declined significantly during the year.
Freedom of Association.--The constitution and law provide for
freedom of association, but the government restricted this right in
practice. Although the government did not restrict the formation of
political parties or unions, security forces and ZANU-PF supporters
continued to interfere with their activities during the year. 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 believed to oppose government
policies. Organizations generally were free of governmental
interference only if the government viewed their activities as
apolitical.
c. Freedom of Religion.--See the Department of State's
International Religious Freedom Report at http://state.gov/j/drl/irf/
rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution and law provide for
freedom of movement within the country, foreign travel, emigration, and
repatriation; however, the government restricted these rights in
practice. The government generally cooperated with the Office of the
U.N. High Commissioner for Refugees (UNHCR) and other humanitarian
organizations in providing assistance to refugees, asylum seekers,
stateless persons, and other persons of concern, but it interfered with
some humanitarian efforts directed at IDPs.
Foreign Travel.--The registrar general continued to deny passports
to citizens based on his interpretation of the Citizenship Act, which
requires all citizens with a claim to dual citizenship to have
renounced their claim to foreign citizenship by January 2002 to retain
their Zimbabwean citizenship. The act also revokes the citizenship of
persons who fail to return to the country in any five-year period. In
2002 the High Court ruled that this interpretation did not take into
account that persons are not automatically assured foreign citizenship
merely because their parents were born in a foreign country, as some
countries require persons to confirm their citizenship, in which case
they could be rendered stateless. The court further held that it is
incorrect to presume that, when persons have a parent or parents born
out of the country, they are citizens of the other country by descent.
In addition some countries, including countries in southern Africa, do
not have a means to renounce citizenship. Independent groups estimated
that as many as two million citizens may have been disenfranchised by
the law, including those perceived to have anti-ZANU-PF leanings, such
as the more than 200,000 commercial farm workers from neighboring
countries and approximately 30,000 mostly white dual nationals. During
the 2008 elections, some persons were denied the right to vote--despite
having voted previously--because they could not adequately demonstrate
their citizenship.
Exile.--A number of persons, including former government officials,
prominent businessmen, human rights activists, MDC-T/N members, and
human rights lawyers, left the country and remained in self-imposed
exile under fear of persecution.
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 (the government's
evictions of citizens from nonfarming areas in 2005). According to a
2010 IDP assessment report, approximately one-third of the IDPs
interviewed cited Murambatsvina as the cause of displacement. More
recent estimates were unavailable due to the government's sensitivity
on the issue; until 2009 the government denied the existence of any
IDPs.
Most recent documented displacements were from disputed farming
areas. Since 2010 approximately 2,180 new household displacements were
documented. In September 2010 alone, the government evicted
approximately 1,750 households from resettled former commercial farm
lands. At year's end another estimated 15,000 households in disputed
farming areas were at risk of displacement due to verifiable threats or
eviction notices. Most of those displaced had resided on their land for
years without formal offer letters or title deeds. Eviction notices
were served often in the presence of police or army personnel.
On December 13, nearly 150 families were forcibly displaced from
Bromley Farm, east of Harare, by police and hired gang members. Most of
those displaced were former workers at the former tobacco processing
farm. The families were left camping on the side of the road. After
unsuccessful efforts by the local government to negotiate a settlement
for the families, NGOs delivered the first round of food and shelter on
December 23. The families remained displaced at year's end.
The government's campaign of forced evictions and the demolition of
homes and businesses continued during the year under the land reform
policy.
In August 2010 approximately 50 armed police raided and burned an
informal settlement at a race course in Harare. Police burned shacks
and tents, beat the few who resisted, and arrested nearly 55
individuals. Most of the victims were employees of the race course, but
others were victims of Operation Murambatsvina. At year's end the ZLHR
was assessing the property damage in order to file civil claims against
the city of Harare, the police, and the Ministry of Home Affairs.
The government provided no resettlement assistance to families who
were evicted. Since 2010 the International Organization for Migration
(IOM) and the World Food Program provided food assistance to
approximately 32,000 IDPs and temporary shelter to more than 2,780
IDPs.
While the central government did not impose formal restrictions on
international agencies and NGOs providing humanitarian assistance
during the year, restrictions occurred at the local level. In February
the provincial administrator in Manicaland Province convened a meeting
to warn international agencies and NGOs from meddling in politics.
Between February and April, the district administrator of Harare
instituted a moratorium on NGOs providing assistance to an IDP
resettlement near Harare. Local officials charged that some NGOs
advocated regime change. In a few cases, local authorities advised
organizations against traveling to farms involved in ownership
disputes, where workers might be at risk. Some local governments
interfered with aid distribution, notably in ZANU-PF strongholds. There
were also reports of security agents questioning the recipients of aid
distribution on whether they were interviewed by aid workers during the
process.
Projection of an early election in 2011 led to increasing
politicization of humanitarian assistance at the community level during
the year. There were credible reports that ZANU-PF local councilors and
officials formed ``committees'' through which NGOs had to channel
humanitarian assistance. As a result MDC-T/N supporters were excluded
from receiving subsidized farm inputs, food aids, and medicine.
Protection of Refugees.--Access to Asylum.--The country's laws
provide for the granting of asylum or refugee status, and the
government has established a system for providing protection to
refugees. According to the UNHCR, the country hosted approximately
5,500 refugees and asylum seekers during the year.
Refugee Abuse.--The government maintained a formal encampment
policy requiring refugees to live at the Tongogara refugee camp.
However, as many as one-fifth of refugees lived in Harare at year's
end. Refugees living in urban areas without the permission of the
government remained at risk of arrest and return to the refugee camp.
There were reports of arrests and returns to the camp during the year
and also of police extorting refugees with threats of arrest. There
were also several cases of criminal allegations against other refugees.
The UNHCR assisted such refugees in obtaining access to legal
representation. The detention of asylum seekers 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.
Access to Basic Services.--Refugees in Tongogara camp were provided
access to very basic services and accommodation. The UNHCR ran a
transit center in Harare to host refugees from Tongogara with serious
protection problems or those in the process of resettlement interviews.
The government's encampment policy--which also applied to the UNHCR
transit center--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.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
Although the constitution provides citizens with the right to
change their government peacefully, this right was restricted in
practice. 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.--Recent Elections.--
International observers characterized the March 2008 harmonized
presidential, parliamentary, and local elections and the June 2008
presidential run-off as neither free nor fair. The results of the March
presidential race were not released for more than a month, calling into
question the credibility and independence of the Zimbabwe Electoral
Commission (ZEC). When the tally was released, Tsvangirai had obtained
47. 9 percent of the vote, while Mugabe had obtained 43. 2 percent.
Since neither President Mugabe nor MDC-T candidate Morgan Tsvangirai
secured the 50 percent-plus-one needed to win outright in the March
2008 presidential election, a run-off election was set for June. While
the March election was generally peaceful, violence and intimidation
perpetrated by ZANU-PF officials and supporters in the months leading
up to the June runoff resulted in 270 confirmed deaths, thousands of
injuries, and the displacement of tens of thousands of persons. 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. Following
domestic and international protests over Mugabe's inauguration, ZANU-PF
and both MDC factions resumed negotiations, with former South African
president Thabo Mbeki as lead SADC mediator. In September 2008 Mugabe,
Tsvangirai, and former MDC-M party leader Arthur Mutambara signed the
GPA, a power-sharing agreement, to establish an ``inclusive''
government. Under the GPA Mugabe retained the presidency, Tsvangirai
became prime minister, and Mutambara became deputy prime minister. In a
significant shift, two MDC factions--the MDC-T led by Tsvangirai and
the MDC-M led by Arthur Mutambara--gained a parliamentary majority. In
January Welshman Ncube replaced Mutambara as the head of the MDC's
smaller faction, and the previously denoted MDC-M became the MDC-N as a
result of a party congress vote; however, Mutambara remained deputy
prime minister.
In the weeks preceding the March 2008 elections, the registrar
general and the ZEC did not ensure an open inspection of voter rolls
until they were compelled to do so by a court order. According to a
local NGO that examined voter rolls, there were numerous 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.
Numerous restrictions were imposed on non-ZANU-PF party candidates.
Although Tsvangirai was allowed to campaign, police did not permit the
MDC-T to hold all of its planned rallies, and some MDC-T activists were
intimidated and beaten in the weeks before the March election. Foreign
journalists were not granted permission to cover the March elections.
The domestic media heavily favored Mugabe.
While the country did not allow citizens of most Western countries
to observe the June elections, it allowed election observer missions
from three African groups: the Pan African Parliament, SADC, and the
African Union. Each group subsequently issued statements critical of
the elections, as did the leaders of a number of neighboring countries,
including Botswana and Zambia.
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 reduction of
accreditations was designed to curtail the ability of civil society to
monitor the election, especially polling.
The GPA mandates the writing of a new constitution. The outreach
process to solicit public input was completed in October 2010, despite
reported intimidation, disruption, harassment, arrest of MDC-T
supporters and MPs, and precoaching conducted by ZANU-PF supporters.
The drafting of the new constitution continued 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.
Political Parties.--Although the constitution allows for multiple
parties, elements within ZANU-PF and the security forces intimidated
and committed abuses against other parties and their supporters and
obstructed their activities. The government routinely interfered with
MDC-T-led local governments.
Participation of Women and Minorities.--Of the 270 elected
positions in the House of Assembly and the Senate, 55 were filled by
women, constituting 21 percent of the total. The president of the
Senate was a woman, as well as one vice president, one deputy prime
minister, five ministers, and two governors. 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 and Vice President John Nkomo.
There were 46 members of minority groups in the House of Assembly,
including three white members.
Section 4. Official Corruption and Government Transparency
Although the law provides criminal penalties for official
corruption, the government did not implement the law effectively or
impartially, and officials frequently engaged in corrupt practices with
impunity. World Bank Worldwide Governance Indicators reflected that
corruption was a severe problem.
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 fines from the
public for varying claimed offenses to augment their low salaries.
Armed police routinely erected roadblocks, claiming to be looking for
criminals, smuggled goods, and food. In many cases police arbitrarily
seized goods for their own consumption or extracted bribes from
commuters.
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 selected numerous
farms and registered 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.
There were reports that ZANU-PF officials in the government removed
persons perceived to be MDC-T/N 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-T led local governments.
City public administrators reportedly earned hugely inflated salaries.
According to the most recent audit, approximately 75,000 of the 188,000
civil servants in the Public Service Commission did not have the
requisite minimum qualifications, and only 86,000 civil servants
possessed the requisite qualifications for their designated positions.
Almost 14,000 who remained on the payroll were retired, deceased, had
absconded, were transferred, or were otherwise absent from their office
of employment. The audit also uncovered duplicate personally
identifiable information and files missing required documentation.
Corruption was particularly pervasive in local government, where
officials abused their positions and government resources openly and
with impunity. 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. Councilors practiced nepotism in the hiring of general
council workers and in the allocation of lands. Allegations of
corruption continued regarding both ZANU-PF and MDC-T 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.
There were developments in corruption cases from previous years. On
March 21, local government minister Ignatius Chombo (ZANU-PF) fired
MDC-T Harare city councilors Casper Takura and Warship Dumba for fraud
and mismanagement of council funds. In April 2010 police arrested
Takura and Dumba for alleged criminal defamation for their involvement
in a report that exposed illegal business dealings between Chombo and
Phillip Chiyangwa. Many observers considered the dismissals of Takura
and Dumba as punishment for their exposure of Chombo's corruption.
Citizens were generally unable to access government information.
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. Such groups were subject to government restrictions,
interference, monitoring, and harassment. Major domestic independent
human rights organizations included the Crisis in Zimbabwe Coalition,
Zimbabwe Human Rights NGO Forum, ZESN, ZLHR, Zimbabwe Peace Project,
the NGO Zimbabwe Human Rights Organization (ZimRights), National
Constitutional Assembly, Students Solidarity Trust, and WOZA.
The government harassed NGOs it believed opposed government
policies and continued to use government-controlled media to disparage
and attack human rights groups. Articles typically dismissed the
efforts and recommendations of NGOs that criticized the government and
charged that their real agenda was regime change.
Police arrested or detained local NGO members and harassed their
leaders, often in connection with NGO meetings or demonstrations.
During the year several NGO members were beaten during arrest and
tortured while in custody.
On February 8, police in Harare arrested two employees of the
Zimbabwe Human Rights NGO Forum. The employees, who were conducting a
survey on transitional justice, were later released without charge. The
following day police summoned forum director Abel Chikomo and
questioned him for six hours at Machipisa and Harare Central police
stations about the organization's activities. Police also raided and
searched the group's offices.
On May 23, police arrested ZimRights members Walter Dube and
Florence Ndlovu after disrupting a meeting they held near Bulawayo
earlier in the day. ZimRights had obtained a court order on May 20 to
hold the meeting. Dube was released on May 26 without charge, and
Ndlovu was released on May 27 on $50 bail. On October 3, a magistrate's
court acquitted Ndlovu due to lack of evidence.
On September 10, unidentified security agents at the airport
confiscated personal property belonging to Farai Maguwu, director of
the NGO Center for Research and Development, as he was leaving for an
international conference. The agents conducted a body search on Maguwu
and confiscated his laptop, boarding passes, travel documents, and
other personal belongings. Maguwu's passport was then restamped for
entry back into the country. On September 11, lawyers filed an urgent
application at the High Court seeking the return of the seized items.
In response the Attorney General's Office sought to postpone the
hearing to verify the identity of the security agents involved. On
September 12, the High Court ordered the minister of state security in
the President's Office to return all the seized property and cease
interfering with Maguwu's movement. In May 2010 Maguwu was arrested and
detained for almost two months before being acquitted after the
government withdrew its case.
There were no developments in the case of four ZimRights employees
who were arrested in April 2010 for organizing a photograph exhibit of
the 2008 elections. The four were subsequently released.
The government also arrested and harassed the representatives of
foreign NGOs. For example, on March 25, police arrested a German NGO
employee who was in Harare for a conference. She was deported the
following day.
On November 10, police and immigration officials in Harare, seeking
to investigate the travel and visa documents of nine foreign
participants, disrupted a meeting hosted by Oxfam. The officials took
the passports of the visiting participants to the immigration office
for verification and returned them two hours later.
Unlike in previous years, there were no reports that police seized
radios. In October 2010 police in Gweru raided the office of the NGO
Democratic Councils Forum (Demcof), seized 862 solar radios, and
arrested and charged the Demcof training coordinator with a customs
violation. The case was pending at year's end.
Government Human Rights Bodies.--Although members of the
parliamentary Human Rights Commission were appointed in 2010, the
commission was not operational because the required enabling
legislation for its establishment had not been passed by year's end.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution and law provide that no person can be deprived of
fundamental rights, such as the right to life, liberty, and security of
person, based on one's race, tribe, place of origin, political
opinions, color, creed, gender, or disability. Nevertheless, 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.--Rape and Domestic Violence.--The law criminalizes rape,
including spousal rape; however, the law was not effectively enforced,
and rape remained a widespread problem. Sexual offenses, including
rape, are punishable by life imprisonment. However, few cases of rape
were reported due to social stigma, and rape victims seldom received
protection in court. Even fewer cases of spousal rape were reported,
due to victims' fear of losing economic support, fear of reprisal,
unawareness that spousal rape was a crime, police reluctance to
interfere in domestic disputes, and bureaucratic hurdles involved.
The government media frequently published stories denouncing rape
and reporting convictions. However, police seldom acted on reported
rape cases if the perpetrators were aligned with ZANU-PF or if the rape
was used as a political tool against non-ZANU-PF members, as occurred
during the 2008 election.
Children born from rape suffered stigmatization and
marginalization. The mothers of children resulting from rape were
sometimes reluctant to register the births, and such children were
denied access to social services.
For example, in July Wallen Chiwawa, a law officer in the Attorney
General's Office, allegedly burned his wife with a hot iron before
raping her six times because he suspected her of having an affair. The
wife reported the rape and assault to the police, and Chiwawa was
arrested and detained briefly before being released on bail. He
subsequently appeared before a magistrate, and the case was postponed.
In cases of marital rape, the prosecution needs authorization from the
Attorney General's Office to press charges, and the Attorney General's
Office reportedly was reluctant to do so in Chiwawa's case. Chiwawa's
wife subsequently withdrew charges.
In 2010 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 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
examinations that could be used for court processes.
The law criminalizes domestic violence, but it was a serious
problem, especially wife beating. Domestic violence is punishable by a
fine and a maximum prison sentence of 10 years, but authorities
generally considered domestic violence to be a private matter and
usually arrested an offender only if there was physical evidence of
abuse. Most cases of domestic violence went unreported, due to
traditional sensitivities, victims' fear of abandonment without
support, and police reluctance to intervene. There were newspaper
reports of wife killings, and there were a few reports of prosecutions
and convictions for such crimes.
An Anti-Domestic Violence Council was created in 2009 to educate
women about their legal rights and to protect victims of abuse. The
council was ineffective due to lack of funding and the unavailability
of statistics and information on prevailing trends of domestic
violence.
The government continued a public awareness campaign against
domestic violence. 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. While public awareness increased, other
problems emerged. For example, the police form required to report
domestic violence was difficult to complete, and victims were often
required to make their own photocopies due to police budgetary
constraints.
Sexual Harassment.--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.
Reproductive Rights.--Couples and individuals have the right to
decide freely and responsibly the number, spacing, and timing of their
children and to have the information and means to do so free from
discrimination, coercion, and violence. Inadequate medical facilities,
including a lack of electricity and medication, contributed to a 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 2009 Multiple Indicators Monitoring
Survey (MIMS), 65 percent of women who were married or in a domestic
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 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. No information
was available on whether women were equally diagnosed and treated for
sexually transmitted infections.
Discrimination.--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 a woman's right to own property, but many women
were 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 births,
although in practice either the fathers or male relatives must be
present.
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.
NGOs reported anecdotal evidence indicating that women experienced
economic discrimination, including in access to employment, credit,
pay, and owning or managing businesses.
Several 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 to
assist AIDS victims.
Children.--Birth Registration.--Citizenship is derived from birth
in the country and from one's parents, and all births are 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.). According to MIMS only 37 percent of children under
five years of age possessed birth certificates. The births of children
in rural areas outside a government hospital frequently were
unregistered. 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 distance from a place of registration. Many orphaned
children were unable to obtain birth certificates. Lack of birth
documentation impeded access to public services, such as education and
health care.
Education.--Primary education is not compulsory, free, or
universal. According to MIMS 92 and 90 percent of female and male
children of primary school age, respectively, attended primary school.
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. Girls were
more likely to drop out because they were more readily employable,
especially as domestic workers. Due to a lack of central government
funding, some schools began to charge levies of up to several hundred
dollars for the school year, which prevented many students from
attending school. Some families 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 turned away from schools.
Child Abuse.--Child abuse, including incest, infanticide, child
abandonment, and rape, continued to be serious problems. According to
Childline, an NGO that ran a crisis hotline for children, nearly
250,000 calls were received in 2010, compared with approximately
116,000 calls in 2009. Most of the calls related to sexual and physical
abuse, generally inflicted by a relative or someone who lived with the
child. Childline attributed the increase in calls to the hotline being
more available to children, improved telephone access with upgraded
mobile phone signals across the country, and the expansion of its
community-based drop-in centers. Girl Child Network reported that girls
believed to be virgins were at risk of rape due to a belief that having
sex with a virgin would cure men of HIV/AIDS.
Despite a 2009 campaign launched by the government and an NGO to
eradicate child abuse in schools, it remained a problem. The campaign
began after a study found that many children had been victims of
unreported sexual and physical abuse by their teachers and peers.
Students were also subjected to corporal punishment, which is a legal
form of discipline for parents, teachers, and magistrates. While the
law stipulates strict regulations in the execution of corporal
punishment, most teachers and parents were not aware of them.
Government efforts to combat child abuse were inadequate and
underfunded. The country had a ratio of one social worker per 50,000
children. During the year two baseline studies were initiated to
address the problem more effectively. UNICEF, in partnership with other
U.N. agencies, NGOs, and the government, began setting up a national
database for the Department of Social Services to integrate existing
data and reporting standards for all entities documenting abuses of
children. In addition the government launched a national baseline
survey on abuses occurring in households.
Child Marriage.--The traditional practice of offering a young girl
in marriage as compensatory payment in interfamily disputes continued,
as did arranged marriages of young girls. The legal age for a civil
marriage is 18, but girls ages 16 and 17 also could marry with parental
approval. Customary marriage, recognized under the Customary Marriages
Act, does not require a minimum marriage age for either boys or girls;
however, the criminal code prohibits sexual relations with persons
younger than age 18. According to UNICEF one-third of women married
when under age 18, and 5 percent of women married when under age 15.
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.
Sexual Exploitation of Children.--Statutory rape, legally defined
as sexual intercourse with a child under the age of 12, carries a fine
of $2,000, imprisonment for 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 for up to six months,
or both. Those charged with facilitating the prostitution of a child
were often also charged with statutory rape. A parent or guardian who
causes or allows a child under age 18 to associate with or become a
prostitute can face up to 10 years in prison.
Displaced Children.--According to UNICEF more than one-fifth of the
country's children were orphans, 77 percent of whom lost their parents
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 government support. The vast majority
of orphans were cared for by the extended family. An estimated 100,000
children lived in child-headed households.
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.
As of February 2010, more than 800,000 OVCs received comprehensive
support and protection under the 2005-10 National Action Plan for OVCs.
The goal of the plan is assist approximately one million children and
their families throughout the country.
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. Various government-sponsored studies between 1999 and 2009
indicated that approximately 12,000 children were living on the
streets. 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.
International Child Abductions.--The country is not a party to the
1980 Hague Convention on the Civil Aspects of International Child
Abduction.
Anti-Semitism.--The Jewish community numbered approximately 270
persons. There were no reports of anti-Semitic acts.
Trafficking in Persons.--See the Department of State's Trafficking
in Persons Report at http://state.gov/j/tip.
Persons With Disabilities.--The constitution and law prohibit
discrimination against persons with disabilities in employment, access
to public places, and the provision of services, including education
and health care. Nevertheless, 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 were a forgotten and
invisible group in society. 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 capacity
of more than 1,300 patients, in addition to the three special
institutions run by the ZPS for long-term patients and those considered
to be dangerous to society. Inpatients in the eight centralized
institutions 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 subjected to deplorable living
conditions due in part to shortages of food, water, clothing, and
sanitation. Budgetary constraints and limited capacity at these
institutions resulted in persons with mental disabilities being kept at
home and cared for by family, normally in chains and without treatment.
Prison inmates in the three facilities run by the ZPS were not
necessarily convicted prisoners. Inmates with psychiatric conditions
were examined by two doctors, who were required to both confirm a
mental disability and recommend that a patient either be released or
returned to a mental institution. In practice prisoners with mental
disabilities routinely waited as long as three years before being
evaluated. Prisoners with confirmed mental disabilities were
increasingly sent to prison rather than mental institutions due lack of
capacity in those institutions.
The five-year program launched in 2009 by the National Association
of Societies for the Care of the Handicapped provided civic education
to persons with disabilities with the goal of encouraging greater civic
participation.
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 tension between the white
minority and other groups, which ZANU-PF leaders often manipulated to
further their political agenda. Historical tension between the Shona
majority and Ndebele minority resulted in marginalization of the
Ndebele 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 with
infringing upon minority rights, particularly the property rights of
the minority white commercial farmers or wildlife conservancy owners
targeted in the land redistribution program.
None of the provisions or timelines in the 2008 indigenization law
were enforced during the year, and no businesses were forced to
transfer ownership. The law defines an indigenous Zimbabwean as any
person, or the descendant of such person, who before the date of the
country's independence in 1980 was disadvantaged. The official purpose
of the indigenization law was to increase the participation of
indigenous citizens in the economy, with the ultimate objective of at
least 51 percent indigenous ownership of large businesses. Legal
experts criticized the law as being itself unfairly discriminatory and
a violation of the constitution. Critics also said the real purpose of
the law was to create patronage for ZANU-PF.
Historically, the government has discriminated against language
minorities through the Education Act, which mandates 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 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;
however, schools lacked the necessary materials to teaching of minority
languages.
Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--The criminal code's 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 same-sex sexual activity. 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.
Leadership in both ZANU-PF and MDC-T, including President Mugabe
and Prime Minister Tsvangirai, publicly denounced the LGBT community
and warned against the inclusion of LGBT rights in the constitution.
Mugabe publicly blamed the LGBT community for Africa's ills and
declared its members to be worse than ``pigs and dogs.'' However, in an
apparent shift of position, Tsvangirai declared in an October 24 press
interview that LGBT rights were a human right that should be enshrined
in the country's new constitution.
Members of Gays and Lesbians of Zimbabwe (GALZ), the sole
organization dedicated to advancing the rights of the LGBT community in
the country, experienced assault, harassment, and discrimination.
For example, on September 2, at a bar in Harare, two individuals
assaulted a GALZ member with a beer bottle after making discriminatory
statements regarding her sexual orientation. She and her partner
reported the incident to the police, who took no action.
GALZ employees Ellen Chademana and Ignatius Muhambi, who were
arrested in May 2010 for possession of pornographic materials, were not
summoned to court during the year. Chademana and Muhambi, whom police
beat in the face and knees during an interrogation, were released five
days after their arrest and subsequently acquitted of the pornography
charge. However, both still faced a charge of undermining the president
at year's end.
Members of the LGBT community reported widespread societal
discrimination based on sexual orientation. In response to social
pressure, some families reportedly subjected their LGBT members to
``corrective'' rape and forced marriages to encourage heterosexual
conduct. Such crimes were rarely reported to police. Women, in
particular, were subjected to rape by male members of their own
families. LGBT members often left school at an early age due to
discrimination and had higher rates of unemployment and homelessness.
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.
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, such
ostracism and condemnation continued.
Despite the government's agreement in the 2006-07 Presidential HIV/
AIDS Strategic Plan to address the problem of HIV/AIDS among gay men,
no action had been taken to address the health needs of this population
by year's end.
Promotion of Acts of Discrimination.--Throughout the year
government-controlled newspapers and radio and television stations
continued to vilify white citizens and blame them for the country's
problems.
Section 7. Worker Rights
a. Freedom of Association and the Right to Collective Bargaining.--
The law provides private sector workers with the right to form or join
unions without prior authorization, conduct legal strikes, and bargain
collectively. These rights were sometimes abrogated by other provisions
of law. The law grants the labor minister extensive powers to regulate
union activities. For example, the minister has the authority to veto
collectively bargained agreements perceived to be harmful to the
economy or to appoint an investigator who can, without prior notice,
enter trade union premises, where any person employed can be questioned
and any books, records, or other documents can be inspected and copied.
The law denies public sector employees the right to form unions,
strike, and bargain collectively. Procedural requirements--including
14-day advance-notice requirements, mandated 30-day reconciliation
periods, and possible and mandatory referral to binding arbitration--
further curtailed the right to call a legal strike. Essential services
employees are prohibited from striking, and the law allows that any
nonessential service may be declared an essential service if a strike
is deemed a danger to the population. Managers are prohibited from
striking, and in some industries, the government defined most employees
as managers. Collective bargaining agreements applied to all workers in
an industry, not just union members. Agreements reached by employers
and employees must be gazetted by the Ministry of Labor to go into
effect. The law prohibits antiunion discrimination, provides that the
labor court handle complaints of such discrimination, and may direct
that workers fired due to such discrimination be reinstated. There are
no export processing zones. Migrant workers can join unions if they
work in industries for which there are unions, and their rights are
covered. Domestic workers are neither organized nor unionized but are
protected by labor laws.
The government did not effectively enforce applicable laws. The
rights to form or join unions, strike, and bargain collectively were
not respected in practice. Unions were prevented from holding meetings
with their members and carrying out organizational activities,
sometimes by the police or ZANU-PF supporters. Although the law does
not require unions to notify the police of public gatherings, such
notification was required in practice. Often unions that applied for
permission were denied. Unions risked suspensions from registration for
12 months for minor infractions, and union members could be fined and
imprisoned for participating in union activities.
The Zimbabwe Federation of Trade Unions (ZFTU), a government-
created alternative labor body, continued to exist but did not wield
real influence over labor negotiations. The government was disinclined
to include the ZFTU in labor-related discussions with employer and
labor organizations.
Police often denied ZCTU's applications to hold commemorations in
particular venues and banned processions from taking place. The police
also sought to restrict union activities by prescribing certain
conditions.
On February 19, police arrested and detained 46 labor union and
student activists who had gathered for a video presentation and
discussion of popular protests in Egypt and Tunisia (see section 1.d.).
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.
The ZCTU reported that its affiliates were able to engage in
collective bargaining with employers without interference from the
government. Collective bargaining agreements applied to all workers in
an industry, not just union members. 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.
Union members faced discrimination and harassment, including
dismissal and transfer. There were no reports that union members
dismissed as a result of union activities were reinstated during the
year.
b. 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. Forced labor is
punishable by a fine, two years' imprisonment, or both. The law
provides for forced prison labor, and workers arrested for striking or
persons arrested for speaking out against the government were often
sentenced to forced labor.
Despite the law forced labor occurred, including by children,
although the extent of the problem was unknown. Adults and children
were subjected to forced labor in agriculture and domestic service in
rural areas, as well as domestic servitude in cities and towns.
Children were also utilized in the commission of illegal activities,
including gambling and drug smuggling. Forced labor by children
occurred in agricultural, mining, and domestic sectors.
Workers on seized farms reported that new owners occasionally
forced them to work without pay and under threat of eviction from the
farm.
There were no records of government's efforts to prevent and
eliminate forced labor during the year. There were no data on the
number of victims removed from forced labor.
Also see the Department of State's Trafficking in Persons Report at
http://state.gov/j/tip.
c. Prohibition of Child Labor and Minimum Age for Employment.--The
law prohibits most forms of child labor. Child labor is punishable by a
fine, two years' imprisonment, or both. Under the law a child between
the ages of 13 and 15 can work as an apprentice 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 ages 15 and 18 is not
directly addressed, but age 15 remains the minimum for light work, work
other than apprenticeship, or work associated with vocational
education.
Child labor was common. Concrete data on the extent of child labor
remained difficult to evaluate and confirm, despite the government's
indication that comprehensive data on child labor would be collected in
2010. A 2007 survey by a domestic NGO documenting child labor reported
that approximately one-third of children were working, primarily in the
informal sector. Children worked in agriculture (tobacco, tea, coffee,
and cotton), cattle herding, forestry, illegal gold and diamond mining,
and as domestics, street vendors, construction workers, and car
watchers.
Children often faced hazards to their health and safety and lacked
necessary equipment and training. 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. In other areas (near Kwekwe,
Bindura, and Mazowe), 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. Some employers paid the parents for the
child's work. Relatives often took children orphaned by AIDS 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. There were approximately 170 labor inspectors responsible
for investigating labor-related violations and for enforcing labor
laws, including those covering children.
On June 29, the results of a 2008 nationwide survey conducted by
the government and the International Labor Organization (ILO) on the
worst forms of child labor were released. According to the survey,
children were involved in the worst forms of child labor in informal,
artisanal, and small-scale mining; the agriculture sector, particularly
tea and tobacco; prostitution; domestic services; and illicit
activities. Poverty and the breakdown of the family unit were major
drivers for the existence of the worst forms of child labor. An action
plan to address the problem was pending government approval at year's
end.
Also see the Department of Labor's Findings on the Worst Forms of
Child Labor at http://dol.gov/ilab/programs/ocft/tda.htm.
d. Acceptable Conditions of Work.--There is no national minimum
wage, except for agricultural workers ($85 a month) and domestic
workers ($176 a month). The maximum legal workweek was 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. The law
prescribes that workers receive not less than twice their standard
remuneration for working on a public holiday. The government sets
safety and health standards on an industry-specific basis. The public
service commission sets conditions of employment in the public sector.
Workers have a legal right to remove themselves from dangerous work
situations without jeopardy to continued employment. The government did
not effectively enforce these laws.
The Ministry of Labor and Social Welfare is responsible for
enforcing the minimum wage, but monitoring systems were ineffective,
and many agricultural and domestic workers were paid below the minimum
wage. More than 85 percent of the population lived below the
government's poverty line, which was set at $533 a month. 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. These jobs generally
provided extremely low income and poor working conditions and did not
offer adequate worker protections. The ZCTU reported that more workers
moved out of the formal sector during the year due to the prolonged
economic collapse and lack of job creation.
In January the government announced pay raises between 18 and 24
percent for civil servants after a series of negotiations. In early
July civil servants, including soldiers and police, received pay
raises, with the lowest-paid workers seeing their monthly salaries
almost doubled from $128 to $253.
There was little or no enforcement of the work-hour law,
particularly in agricultural and domestic worker sectors. Nevertheless,
workers were unlikely to complain to authorities about violations due
to fear of losing their jobs.
The Zimbabwe Occupational Safety Council, a quasigovernmental
advisory body to the National Social Security Administration (NSSA),
regulates working conditions. Budgetary constraints and staffing
shortages, as well as its status as an advisory council, made the
council largely ineffective.
Poor health and safety standards in the workplace were common
problems faced by workers in both formal and informal sectors due to
lack of enforcement.
The NSSA lacked enough safety inspectors to monitor the thousands
of work sites, formal and informal, across the country, but it closed
some shops and factories found not complying with safety regulations.
In some cases safety inspectors were reluctant to close noncompliant
factories associated with government officials. From January to
November, the NSSA reported 71 workplace fatalities and 3,744 injuries.
The ZCTU reported a total of 90 fatalities and 4,410 workplace injuries
since 2010. The number of injuries and fatalities by sectors was not
available. Despite the law allowing workers to remove themselves from
dangerous working conditions, 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.
Foreign farm workers were also covered under these laws and standards.
__________
EAST ASIA AND THE PACIFIC
----------
AUSTRALIA
executive summary
Australia is a constitutional democracy with a freely elected
federal parliamentary government. In free and fair federal
parliamentary elections held in August 2010, neither the Australian
Labor Party (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 Julia Gillard as
prime minister. Security forces reported to civilian authorities.
There were no widespread human rights violations, although problems
were reported in a few areas. The principal problem areas included
domestic violence against women and children, particularly in
indigenous communities; discrimination against indigenous people; and
lengthy detention of some asylum seekers.
Other concerns included a high-profile press freedom case involving
a newspaper columnist found guilty of violating an antidiscrimination
law in two published columns.
The government took steps to prosecute officials accused of abuses,
and ombudsmen, human rights bodies, and internal government mechanisms
responded effectively to complaints.
Section 1. Respect for the Integrity of the Person, Including Freedom
from:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the government or its agents committed arbitrary or
unlawful killings.
In March the Queensland Police Service (QPS) determined not to
pursue disciplinary action recommended by the state's Crime and
Misconduct Commission against six officers involved in the death in
custody of an indigenous citizen on Palm Island in 2004. Following this
decision the Queensland government ordered an independent review of the
QPS discipline, complaints, and misconduct system, and in May the
review panel found the system ``dysfunctional and unsustainable.'' In
August the Queensland government released its response to the review,
supporting 56 of the report's 57 recommendations.
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 asserted that police harassment of
indigenous people and racial discrimination by some police and prison
custodians persisted.
Prison and Detention Center Conditions.--Prison and detention
center conditions generally met international standards, including
access to potable water, and the government permitted visits by
independent human rights observers.
In a 2011 press release, the Australian Institute of Criminology
reported that deaths in prisons were less prevalent than in the general
population, noting that in 2008 the death rate was six per 1,000 for
the general population, 1.3 per 1,000 indigenous prisoners, and 2.2 per
1,000 nonindigenous prisoners. In August a prisoner at the Capricornia
Correctional Center in Queensland State was convicted of the 2009
killing of another prisoner and sentenced to an additional nine years'
imprisonment. During the year there were at least two suicides and
reports of other self-harm among asylum seekers in immigration
detention centers (see section 2.d.).
In January the Western Australia State government charged a private
security company, its guards, and the Department of Correctional
Services with violations under the Occupational Safety and Health Act
for the death of an Aboriginal elder who died in 2008 from heatstroke
in a prison van, operated by the security company, during a 220-mile
drive to court to face a drunk-driving charge. However, no one was
charged with manslaughter. The security company, the two guards
involved, and the Department of Correctional Services all pled guilty.
The security company was fined A$285,000 ($290,700) and the guards were
fined A$9,000 ($9,180) and A$11,000 ($11,220) respectively. The state
government also made an A$3.2 million ($3.26 million) ex-gratia payment
to the family of the deceased.
According to a December publication of the Australian Bureau of
Statistics (ABS), as of June there were 29,106 prisoners in the
country, including 2,028 female prisoners and 6,723 unsentenced
prisoners. Unsentenced prisoners included pretrial detainees, convicted
prisoners awaiting sentencing, and persons awaiting deportation. The
median time spent in custody by unsentenced prisoners was 2.8 months.
In December the Corrective Services Union claimed there was
overcrowding at Arthur Gorrie Correctional Center in Queensland; the
Queensland government indicated that the system was under capacity.
Prisoners and detainees had 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 people 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 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''), which human rights
groups, the media, and the legal profession criticized. A 2010 law
addressed the ``dead time'' issue by establishing a seven-day limit on
the amount of time a terrorism suspect can be held for questioning;
expanded counterterrorism laws to apply to those who incite violence on
the basis of race, religion, ethnic origin, and political opinion; and
extended the expiration period of regulations proscribing a terrorist
organization from two to three years.
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.''
ASIO, however, 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.
A 2010 law 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. In April
the government appointed a monitor. By law both the Australian Federal
Police Commission and the Australian Crime Commission are subject to
parliamentary oversight.
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. All asylum seekers held in
detention centers are eligible for free legal assistance. This
assistance ceases when a decision is made on an asylum claim by both
the Department of Immigration and Citizenship and the relevant review
tribunal.
e. Denial of Fair Public Trial.--The law provides for an
independent judiciary, and the government respected judicial
independence in practice.
Trial Procedures.--The law provides for the right to a fair public
trial, and an independent judiciary 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 renders
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 witnesses and 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.
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. Administrative tribunals
may only review a government decision if the decision is in a category
specified under a law, regulation, or other legislative instrument as
subject to a tribunal's review.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The law prohibits such actions, and the government
effectively enforced these prohibitions in practice. Police have
authority to enter premises without a warrant in emergency
circumstances.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--Status of Freedom of Speech and
Press.--Although the constitution does not explicitly provide for
freedom of speech or 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 press.
Freedom of Press.--On September 28, the Federal Court found the
Herald and Weekly Times newspaper and columnist Andrew Bolt in
violation of the Racial Discrimination Act for publishing two columns
in 2009 asserting that fair-skinned Australians ``with some Aboriginal
descent'' were not genuinely identifiable as Aboriginal. The case was
launched by complaints from nine fair-skinned Aboriginals about the
articles. The court ordered the parties to negotiate a public
correction or apology. Prominent public figures, as well civil
liberties groups, criticized the ruling as having disturbing
implications for freedom of speech and press.
In October the Department of Immigration and Citizenship (DIAC)
issued new regulations governing media access to immigration detention
centers. The regulations require members of the media to be accompanied
by a DIAC official and submit media content to DIAC for review to
ensure the privacy of asylum seekers is protected. Some journalists and
media organizations criticized the measures as overly restrictive.
Internet Freedom.--There were no government restrictions on access
to the Internet or credible 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.
Law enforcement agencies require a warrant to intercept
telecommunications, including Internet communications. In emergency
situations the director general of the Australian 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.
Since 2010 three major telecommunications providers have
voluntarily blocked Web sites on Interpol's list of child abuse links.
A government plan for mandatory Internet filtering, suspended in July
2010 pending additional government review, remained suspended and under
review at year's end. Anticensorship groups had criticized the
proposal.
Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.
b. Freedom of Peaceful Assembly and Association.--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.--See the Department of State's
International Religious Freedom Report at http://state.gov/j/drl/irf/
rpt/.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The law provides for freedom of
movement within the country, foreign travel, emigration, and
repatriation, and the government generally respected these rights in
practice. The government cooperated with the Office of the U.N. High
Commissioner for Refugees (UNHCR) and other humanitarian organizations
in providing protection and assistance to internally displaced persons,
refugees, returning refugees, asylum seekers, stateless persons, and
other persons of concern.
Exile.--The law does not address forced exile, but the government
did not use it.
Protection of Refugees.--Access to Asylum.--The country's laws
provide for the granting of asylum or refugee status, and the
government has established a system for providing protection to
refugees.
Unauthorized arrivals seeking asylum are processed at the Christmas
Island Detention Center, located off the country's northwest coast.
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 number of asylum seekers arriving by sea has
increased dramatically in recent years, putting pressure on the
detention center capacity at Christmas Island as well as on processing
times. There were 4,940 such arrivals recorded in the 2010-11 fiscal
year, compared with 25 in 2007-08. In June the government rejected a
U.N. recommendation to change the mandatory detention framework for
asylum seekers. In July the Australian Human Rights Commission (HRC)
asserted that this policy breached Australia's human rights obligations
and in practice resulted in indefinite detentions.
The HRC called for an end to the ``two-tiered'' system for
unauthorized arrivals, whereby those who are intercepted on the
mainland have more legal rights than those who arrive in a so-called
``excised'' offshore location (for example, Christmas Island). In
November 2010 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 seekers'
arrival, are subject to the provisions of the Migration Act and the
decisions of the country's courts, in the context of procedural
fairness. In November 2011 the government announced that beginning in
2012, unauthorized maritime arrivals would be granted the same access
to the Refugee Review Tribunal as other asylum seekers.
DIAC 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. On June 29, the government reported that 767
children in immigration detention had been moved into community-based
accommodation since October 2010.
In March an Afghan asylum seeker committed suicide at the Curtin
Detention Center in Western Australia and another Afghan asylum seeker
committed suicide at the Scherger Detention Center in Queensland. In
May the Australian Medical Association's Northern Territory president
claimed that detainees under 10 years of age had attempted self-harm.
In late July the Commonwealth ombudsman launched an inquiry into the
rising rate of self-harm by asylum seekers in immigration detention.
According to the ombudsman, in the first week of July there were 50
such incidents.
In March, June, and July, there were riots at the Christmas Island
Detention Center. In March there was a protest at the Villawood
Detention Center in Sydney during which asylum seekers set fires that
destroyed or damaged nine buildings. Subsequently, in July Parliament
amended the Migration Act so that asylum seekers would fail the
character test for receiving a permanent visa if convicted of any
offense committed while in immigration detention. In July up to 80
asylum seekers participated in a hunger strike at the Scherger
Detention Center.
An HRC investigation into the Villawood center, released in May,
found its design ``places considerable strain on detainees, staff and
managers.'' In response DIAC stated that the company managing the
center had already prepared a proposal to upgrade facilities prior to
the fires. During the year the Department of Finance and Deregulation
and DIAC jointly oversaw an A$186.7 million ($190.43 million)
government-funded project to upgrade the facilities, and restoration
work began in preparation for the redevelopment.
On July 25, the government signed an agreement with Malaysia
involving transfer to Malaysia of up to 800 maritime asylum seekers in
return for Australia accepting 1,000 confirmed refugees each year for
the next four years. Transferees would be provided exemptions under
Malaysian immigration law and have access to work, education, and
health care. The HRC was concerned, however, because Malaysia was not a
signatory to the U.N. Refugee Convention; it urged the government not
to send unaccompanied minors, families with children, and torture and
trauma survivors to Malaysia. On August 31, Australia's High Court
declared the agreement illegal, finding that ``Malaysia is not legally
bound to provide the access and protections the Migration Act requires
for a valid declaration.'' This decision also called into question the
legality of the off-shore processing of asylum seekers generally. In
the wake of the High Court decision, in November the government
announced a change in its immigration detention policy and released 27
detainees on temporary ``bridging'' visas that allowed them to live
with friends or relatives in the country and to work, pending decisions
on their asylum claims. The government stated the intention to release
additional detainees under bridging visas over the next few months. It
noted that decisions on which detainees to release would take into
account time spent in detention and suitability for community placement
based on an assessment process including identity, security, and
behavior checks.
Delays in processing asylum applications continued to be 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 June 14, there were seven persons in
immigration detention longer than two years.
Detention facilities were monitored by Parliament, the ombudsman,
the UNHCR, and an advisory group composed of experts in immigration and
humanitarian issues.
Nonrefoulement.--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. In November the Federal Magistrate's Court issued
a temporary injunction against the deportation to Afghanistan of an
unsuccessful Afghan Hazara asylum seeker, pending a further hearing on
the case.
Durable Solutions.--The government accepted refugees for
resettlement from third countries and funded refugee resettlement
services, such as language and employment programs.
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.--Recent Elections.--In
federal elections held in August 2010, the incumbent 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 government with the support of one Greens Party and three
independent MPs.
Participation of Women and Minorities.--There are no legal
impediments to public office for women or indigenous persons. Following
the August 2010 elections, there were 64 women in the 226-seat federal
Parliament (37 in the House of Representatives and 27 in the Senate).
There were five female ministers in the 21-member federal cabinet, two
women among the 10 ministers outside the cabinet, and four 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. In August 2010 an indigenous person was elected
to the federal House of Representatives for the first time. 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, five in the Northern Territory legislative assembly, and
one in the Australian Capital Territory legislative assembly. There was
an 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 July 1, the
Australian Federal Police (AFP) initiated bribery-related charges
against six men in connection with efforts from 1999 to 2005 to secure
banknote contracts in Malaysia, Indonesia, and Vietnam on behalf of a
company then half-owned by the Reserve Bank of Australia (RBA). On
August 10, charges were initiated against a seventh man. The AFP stated
that the company and the RBA assisted the authorities during the
investigation. The cases were still pending at year's end.
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; some charge application and processing fees. The federal
government does not charge application fees. 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.
There is a freedom of information commissioner responsible for
promoting and protecting information rights.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A wide variety of domestic and international human rights groups
operated without government restriction, investigating and publishing
their findings on human rights cases. Government officials often were
cooperative and responsive to their views.
Government Human Rights Bodies.--The HRC, 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).
In addition to the HRC at the federal level, each state and
territory has a human rights ombudsman.
In November Parliament passed the Human Rights (Parliamentary
Scrutiny) Act 2011, to take effect January 4, 2012. It requires that
each new bill be accompanied by a statement of compatibility with
international human rights obligations and establishes a new
Parliamentary Joint Committee on Human Rights.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
Federal laws prohibit discrimination based on gender, disability,
race, color, descent or national or ethnic origin, marital status, and
age. An independent judiciary and a network of federal, state, and
territorial equal opportunity offices effectively enforced the law.
Women.--Rape and Domestic Violence.--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, one in three Australian women has experienced
physical violence since the age of 15, and almost one in five has
experienced sexual violence. The ABS reported that during 2010 police
recorded 17,757 victims of sexual assault, 85 percent of whom were
female.
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. Federal, state,
and territorial governments collaborated on the National Plan to Reduce
Violence Against Women and their Children 2010-2022, which is the first
effort to coordinate action at all levels of government to reduce the
levels of violence against women.
Sexual Harassment.--The law prohibits sexual harassment. Complaints
of such harassment can give rise to criminal proceedings or
disciplinary action against the defendant and compensation claims by
the plaintiff. In May Parliament passed changes to the Sex
Discrimination Act that strengthen protections against sexual
harassment in workplaces and schools and prohibit use of new
technologies for sexual harassment.
Reproductive Rights.--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. 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.
Discrimination.--The independent federal sex discrimination
commissioner, who is part of the HRC, undertakes research, policy, and
educational work designed to eliminate gender discrimination. There
also 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 HRC received 459 complaints under the Sex Discrimination Act
from July 2010 to July 2011. Of the 448 finalized complaints, 142 were
terminated, 185 resolved by conciliation, 87 discontinued or withdrawn,
and 34 administratively closed for other reasons.
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. In May Parliament
passed laws prohibiting discrimination against employees on the basis
of family responsibilities and establishing breastfeeding as a separate
ground of discrimination under the Sex Discrimination Act.
In April the government directed the sex discrimination
commissioner to lead an HRC review of the treatment of women in the
Australian Defense Force Academy and the Australian Defense Force.
There were highly organized and effective private and public women's
rights organizations at the federal, state, and local levels.
Children.--Birth Registration.--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. Births generally were
registered promptly.
Child Abuse.--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 31,527 substantiated cases of child abuse and neglect from July
2010 to June 2011. These included physical abuse, sexual abuse,
emotional abuse, and neglect.
Harmful Traditional Practices.--Both the law and medical policy
prohibit female genital mutilation (FGM). While the number of
Australian residents born in countries where the practice is common is
growing, there were no known reports of FGM during the year.
Child Sexual Exploitation.--The law provides for penalties of up to
25 years' imprisonment for commercial sexual exploitation of children.
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. In October 2010 the Australian Capital Territory
(ACT) parliament launched a review of the ACT Prostitution Act. In
March the ACT chief police officer stated that greater powers were
needed to identify children working in the sex industry.
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 age 16 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 ACT, 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 acts 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.
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 ($280,500). Federal law allows
suspected pedophiles to be tried in the country regardless of where the
crime is committed. 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 in 2007 to combat child sexual abuse in 73 Northern
Territory Aboriginal communities. 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. On June 5, the indigenous affairs
minister stated there had been improvements in provision of food and
clothing, school attendance, policing, and the level of violent crime.
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 in the Northern Territory were not initially
subject to such restrictions.
International Child Abductions.--The country is a party to the 1980
Hague Convention on the Civil Aspects of International Child Abduction.
Anti-Semitism.--According to the 2006 census, the 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 517 anti-Semitic
incidents, compared with 394 during the previous 12 months. The
increase of incidents by more than 30 percent was largely due to a
proliferation of ``hate e-mail.'' There were some incidents of physical
assault and anti-Semitic vandalism, including the July assault of an
elderly man entering a synagogue in Sydney's eastern suburbs and
incidents in which eggs were thrown at Jewish persons and anti-Semitic
graffiti was painted on buildings and vehicles in Melbourne and Sydney.
Trafficking in Persons.--See the Department of State's Trafficking
in Persons Report at http://state.gov/j/tip/.
Persons With Disabilities.--The law prohibits discrimination
against persons with physical, sensory, intellectual, and mental
disabilities in employment; education; access to 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 HRC,
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 HRC of
discrimination complaints, authorizes fines against violators, and
awards damages to victims of discrimination.
The HRC's annual report stated that 823 complaints citing 2,176
alleged grounds of discrimination were filed under the Disability
Discrimination Act from July 2010 to June 2011. Of these, 31 percent
were employment related, and 35 percent involved the provision of goods
and services. The HRC resolved 961 complaints during the period, 465
through conciliation. In August the government stated it would develop
a National Disability Insurance Scheme (NDIS) with the states and
territories, following the release of the Productivity Commission's
final report on the issue. In December the government announced the
establishment of a new agency to design and implement the NDIS.
National/Racial/Ethnic Minorities.--According to the HRC's July
2010 to June 2011 annual report, it received 422 complaints under the
Racial Discrimination Act, citing 826 alleged grounds of
discrimination. Of these, 35 percent involved employment, 27 percent
involved provision of goods and services, and 16 percent alleged
``racial hatred.'' Persons born outside the country filed 44 percent of
the complaints, and Aboriginals and Torres Strait Islanders filed 34
percent. During this period the HRC resolved 472 complaints, 208
through conciliation.
Indigenous People.--According to the 2006 census, Aboriginals and
Torres Strait Islanders numbered approximately 517,200 persons, roughly
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. In 2009
indigenous-owned or controlled land comprised 17.3 percent of the
country's area (excluding native title lands). 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. In June native title
agreements were reached between Rio Tinto Iron Ore and traditional
owner groups in the Pilbara Region of Western Australia; the government
praised their commitment to ``best practice'' native title negotiating.
The approximately A$1.7 billion ($1.73 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
receives a minimum federal government payment of A$45 million ($45.9
million) each year. 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. In May the government reported it was paying
rent to 48 of the 64 affected communities as of December 2010 and was
negotiating with the remaining communities. All rent payments are
backdated to the commencement date of the leases and the payments are
scheduled to continue until the leases expire in August 2012.
In August Amnesty International (AI) released a report criticizing
certain policies of the Northern Territory government with regard to
Aboriginal communities. The report asserted that the government's
policy of establishing, and directing most indigenous-specific funding
toward, a number of larger, more centralized ``growth towns'' was
making it increasingly difficult for indigenous residents of smaller,
more remote communities located on their traditional lands
(``homelands'' communities) to access needed social services. AI
reported that many such communities suffered from substandard,
overcrowded housing and poor sanitation, and inadequate resources for
necessary maintenance and improvements. In October AI's secretary
general met with the indigenous affairs minister and toured indigenous
communities in the Northern Territory.
The government expressed a commitment to ``closing the gap'' on
indigenous inequalities and since 2008 the prime minister has reported
to Parliament the progress on this effort at the beginning of each
year. In August the Productivity Commission released a report that
noted improvements in 13 areas of indigenous well-being but worsening
or no change in 17 areas. It found that infant and child mortality
rates had ``improved significantly'' since the early 1990s; median
household income had increased from 2002-2008; school retention to year
10 had increased from 83 to 96 percent from 1998-2010; and there were
improvements in employment. However, ``virtually all the indicators in
this report'' showed wide gaps between indigenous and other
Australians. A February 2010 Department of Finance document, obtained
by the media through a freedom of information request, found ``dismally
poor returns'' from indigenous-specific spending.
According to the ABS, in 2010 indigenous adults were 14 times as
likely as nonindigenous adults to be imprisoned and comprised 26
percent of the prison population. Life expectancy for indigenous men
was estimated to be 67.2 years, compared with 78.7 years for
nonindigenous men; life expectancy for indigenous women was estimated
to be 72.9 years, compared with 82.6 years for nonindigenous women; and
the indigenous unemployment rate was 18 percent, compared with 5
percent for the nonindigenous population.
With the intervention to address child abuse in Northern Territory
indigenous communities scheduled to conclude in mid-2012, the
government held more than 470 consultation meetings between June and
August with indigenous people and other stakeholders in more than 100
communities and town camps in the Northern Territory to develop further
steps for improving the lives of indigenous people.
The National Congress of Australia's First Peoples, established in
May 2010, is the national representative body for Aboriginals and
Torres Strait Islanders. It was designated to receive A$29.2 million
($29.7 million) over five years from the federal government. The HRC
has an Aboriginal and Torres Strait Islander social justice
commissioner.
Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--Discrimination on the basis of
sexual orientation is prohibited by law in a wide range of areas,
including in family law, taxes, child support, immigration, pensions,
and social security.
The HRC received 17 complaints of employment discrimination based
on sexual orientation from July 2010 through June 2011.
Other Societal Violence or Discrimination.--Federal and various
state laws prohibit discrimination on the grounds of HIV-positive
status. The HRC 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. Freedom of Association and the Right to Collective Bargaining.--
The law provides workers, including public servants, the right to
associate freely domestically and internationally and also protects
against antiunion discrimination. Federal, state, and territorial laws
provide workers with the right to organize, conduct legal strikes, and
bargain collectively. Labor laws protect citizens, permanent residents,
and migrant workers.
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. 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.
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. Strikes in essential services--
such as law enforcement, air-traffic control, and sanitation--are
regulated by federal and state laws. The law permits the government to
stop strikes judged to have an ``adverse effect'' on the employer or
damage third parties. 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 Fair Work Act, which replaced the Workplace Relations Act as
the country's basic labor law for private-sector workers, became fully
effective in 2010. The act promotes freedom of association by giving
unions greater ability to access worksites. In terms of collective
bargaining, it requires employers to act in ``good faith'' when a
majority of employees want a collective agreement and enables low-paid
workers to engage in multi-employer ``good faith bargaining.'' It also
reduces the list of ``prohibited content'' issues that may not be
included in a collective agreement. Finally, the act gives stronger
intervention powers to Fair Work Australia, an independent industrial
relations management institution that assumed the functions of the
Australia Industrial Relations Commission (AIRC) and other workplace
bodies upon its establishment in 2009. Final industrial awards created
by the AIRC, as well as a national safety net of minimum employment
standards, came into effect in 2010.
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.
In practice unions carried out their functions free from government
or political control. Almost all unions were affiliated with the
Australian Council of Trade Unions (ACTU). Workers exercised the right
to associate freely with generally few constraints, but some obstacles
remained. For example, in New South Wales (NSW), registration of a
union may be cancelled if a strike has a substantially adverse effect
on public service or defies an order of the NSW Industrial Relations
Commission. Unions and the International Confederation of Trade Unions
criticized the Australian Building and Construction Commission (ABCC)
as discriminating against unions in the building and construction
sector. The ABCC was created as an enforcement agency by the Building
and Construction Industry Improvement Act of 2005, which gave it
authority to interview individual workers privately in connection with
its regulatory investigations. It is an offense to refuse to attend an
ABCC examination. The ABCC commissioner can refer such cases to the
Commonwealth Department of Public Prosecutions (CDPP). If the CDPP
chooses to prosecute, a court may impose a penalty of up to six months'
imprisonment and a maximum fine of A$3,300 ($3,366) for breaches.
Workers also may be fined up to A$22,000 ($22,440) for taking unlawful
industrial action. In November the ABCC began litigation against three
unions and five union officials for alleged unlawful industrial action;
the case was still pending at year's end.
b. Prohibition of Forced or Compulsory Labor.--The law explicitly
prohibits forced or compulsory labor, but there were some reports of
foreign nationals who came to the country for temporary work being
subjected to forced labor by employers or labor agencies, including in
such sectors as agriculture, cleaning, construction, hospitality,
manufacturing, and domestic service.
Also see the Department of State's Trafficking in Persons Report at
http://state.gov/j/tip.
c. 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 age 17. Federal,
state, and territorial governments effectively monitored and enforced a
network of laws, which varied among jurisdictions, governing the
minimum age for leaving school, claiming unemployment benefits, and
engaging in specified occupations. The ACTU also monitored adherence to
these laws.
d. Acceptable Conditions of Work.--On June 5, Fair Work Australia
increased the national minimum wage for adults working full time (38
hours per week) from A$569.90 ($580.20) toA$589.30 ($599.90) per week,
based on a minimum hourly rate of A$15.51 ($15.80). There is no
official poverty-level income figure, but the minimum wage, combined
with welfare payments, is intended to provide a decent standard of
living for a worker and family. Although a formal minimum wage exists,
most workers received higher wages through enterprise agreements or
individual contracts. Above-minimum wage classifications apply to
certain trades and professions.
A taxpayer-funded, paid parental leave benefit began January 1. The
Paid Parental Leave Scheme pays the minimum wage rate for up to 18
weeks. To qualify, a worker must have worked for at least 10 of the 13
months prior to the birth or adoption of the child and worked for at
least 330 hours during that 10-month period.
Under the Fair Work Act, maximum weekly hours are 38 plus
``reasonable'' additional hours (determined according to the act,
taking into account factors such as an employee's health, family
responsibilities, ability to claim overtime, pattern of hours in the
industry, and amount of notice given). Industry standards or awards
mandate rest periods and pay for overtime. 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.
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. On July 28, the government signed the instrument of
ratification for the International Labor Organization Convention 162
Concerning Safety in the Use of Asbestos.
The Fair Work Ombudsman provides employers and employees advice
about their rights and has authority to investigate employers alleged
to have exploited employees unlawfully. The ombudsman also has
authority to prosecute employers that do not meet their obligations to
workers. Employers can be ordered to compensate employees and are
sometimes assessed fines. Between July 2010 and June 2011, the Fair
Work Ombudsman recouped A$26.7 million ($27.2 million) for 17,360
underpaid employees. Workers exercised their right to a safe workplace
in practice and have recourse to state health and safety commissions,
which investigate complaints and order remedial action.
Over the past two decades, the percentage of the workforce regarded
as temporary workers increased substantially. Temporary workers include
both part-time and casual employees. Part-time employees have set hours
and the same entitlements as full-time employees. The ABS reported
that, as of June, approximately 3.43 million persons (30 percent of the
workforce) were employed as part-time workers, of whom 70 percent were
women. Casual employees are employed on a daily or hourly wage basis.
They do not receive paid annual or sick leave, but the law mandates
they receive additional pay to compensate for this.
There were some complaints that some individuals on so-called
``457'' employer-sponsored, skilled-worker visas were being underpaid
and used as a less expensive substitute for Australian workers. On May
31, a Western Australian construction company that recruited workers
from China and paid them less than A$3 ($3.06) per hour was prosecuted
by the Fair Work Ombudsman and fined A$123,000 ($125,460). The
company's managing director and part-owner, a Chinese national, was
fined an additional A$24,600 ($25,092) and the company ordered to pay
the workers a total of A$242,000 ($246,840) in back pay plus interest
of approximately A$65,000 ($66,300).
There were no reports of worker rights abuses in the country's
three inhabited dependent territories of Christmas Island, Cocos
(Keeling) Island, and Norfolk Island.
__________
BRUNEI DARUSSALAM
executive summary
Brunei Darussalam is a sultanate that has been ruled by the same
family for more than 600 years. Sultan Haji Hassanal Bolkiah governed
under longstanding emergency powers that placed few limits on his
power. The Legislative Council, made up of appointed, indirectly
elected, and ex officio members, met during the year and exercised a
limited role in recommending and approving legislation. Security forces
reported to the sultan.
Restrictions on religious freedom; exploitation of foreign workers;
and limitations on freedom of speech, press, assembly, and association
were the most prevalent human rights problems.
The following human rights problems were also reported: inability
of citizens to change their government, trafficking in persons, and
discrimination against women.
There were no reported cases of government officials committing
human rights abuses.
Section 1. Respect for the Integrity of the Person, Including Freedom
from:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the government or its agents committed arbitrary or
unlawful killings.
b. Disappearance.--There were no reports of politically motivated
disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--There were no reports of torture or rape and sexual abuse
during the reporting period. Caning is mandatory for 42 criminal
offenses, and as of September, 38 individuals were caned, most commonly
for drug-related offenses and immigration violations. Canings were
carried out in the presence of a doctor, who had the authority to
interrupt the punishment for medical reasons.
Prison and Detention Center Conditions.--Prison and detention
center conditions generally met international standards. Prisoners had
access to potable water. Jerudong Prison held 437 ``serious
offenders,'' of whom 49 were women and held in a separate facility in
the prison compound. Juveniles are not subject to imprisonment;
however, courts sent juvenile offenders to a local rehabilitation
center known as Al-Hidayah. Approximately 4.5 percent of the prison
population consisted of individuals awaiting trial.
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.
The prison also implemented rehabilitation programs to persuade inmates
to repent and become productive citizens. To improve prisons,
authorities began construction on a second modern facility, as the
existing prison facility could only officially hold 366 inmates and
required renovation. The government trained prison personnel from all
facilities in basic counseling to assist inmates in identifying issues
and facilitate reintegration into society.
d. Arbitrary Arrest or Detention.--The law prohibits arbitrary
arrest and detention, and the government generally observed these
prohibitions; however, they could be superseded through the invocation
of emergency powers.
Role of the Police and Security Apparatus.--The police force and
Internal Security Department (ISD), which fall under the direct control
of the Prime Minister's Office, have primary responsibility for
enforcing laws and maintaining order. The Departments of Labor and
Immigration in the Ministry of Home Affairs also hold limited law
enforcement powers for labor and immigration offenses. Civilian
authorities maintained effective control over the police force, the
ISD, and the labor and immigration departments, 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. There were no detainees held under the ISA during
the year.
Detainees reportedly were informed promptly 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 the right to a fair and efficient judicial
process, and the judiciary generally enforced this right. Defendants in
criminal proceedings are presumed innocent. Most criminal cases are
conducted in public trials by a judge or panel of judges. Defendants do
not enjoy the right to trial by jury. Procedural safeguards include the
right to defense counsel, an interpreter, and 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 relative. The government reported 256 khalwat cases
during the year, of which 102 cases were pending or in trial, 134
remained under investigation and eight concluded with convictions, and
the remainder still under investigation.
The government monitored 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 and the
Sedition Act, the government significantly restricted freedom of speech
and of the press.
Status of Freedom of Speech and Press.--Freedom of Speech.--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 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.
Freedom of Press.--The Sedition Act 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.
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.
Censorship or Content Restrictions.--The Sedition 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 $3,850) and
jail terms of up to three years. Journalists deemed to have published
or written ``false and malicious'' reports may be subjected to fines or
prison sentences.
The country's major newspapers practiced self-censorship.
Internet Freedom.--Social media Web sites are widely accessible.
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.
Academic Freedom and Cultural Events.--There were no government
restrictions on 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 does not provide for freedom of
association: It 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. 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.--See the Department of State's
International Religious Freedom Report at http://state.gov/j/drl/irf/
rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The law provides for freedom of
movement within the country, foreign travel, emigration, and
repatriation, and the government generally respected these rights in
practice.
Foreign Travel.--Government employees, both citizens and foreigners
working on a contractual basis, must apply for approval to go abroad.
The government's 2009 guidelines state that no government official may
travel alone and that nonrelated male and female officers may not
travel together.
Exile.--By law the sultan may forcibly exile, permanently or
temporarily, any person deemed a threat to the safety, peace, or
welfare of the country. However, there have been no cases of banishment
since 1984.
Protection of Refugees.--Access to Asylum.--The country's laws do
not provide for the granting of asylum or refugee status, and the
government has not established a system for providing protection to
refugees. The government 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.--Citizenship is derived through one's parents
rather than through birth within the country's territory. 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. A significant number of
stateless persons were of Chinese descent, which may be attributed to
the fact that the Chinese are the largest non-Malay minority group. All
citizenship applicants must pass a test demonstrating sufficient
knowledge of Malay culture and language.
Stateless persons can obtain citizenship through an application
process if they are permanent residents who have contributed to the
country's economic growth, women married to citizens for two years,
women married to permanent residents for five years, or children of
permanent resident fathers after the age of two years and six months.
Children of citizen mothers are subject to a separate application
process to confirm citizenship because transmission of citizenship can
only be automatically assumed for children of citizen fathers.
Government policy mandates that a child born in the country to
stateless parents must apply for a special pass. 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
for such persons to obtain citizenship.
Stateless persons enjoy many privileges of citizenship, but do not
have the right to own land and are not entitled to full subsidized
health care or higher education. The Land Code Strata Act, effective in
2009, allows permanent residents to own units of multistory property
for a maximum of 99 years. 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 sultan ruled through hereditary birthright. While
Brunei is a constitutional sultanate, in 1962 the former sultan invoked
an article of the constitution that allowed him to assume emergency
powers. The current sultan continued the practice, which places few
limits on his power.
Elections and Political Participation.--Recent Elections.--
Political authority and control rested entirely with the sultan. A 33-
person legislative council (LegCo) of primarily appointed members and
little independent power provides a forum for public discussion of
proposed government programs, as well as administrative deficiencies.
It convenes once a year for approximately two weeks, after which it is
dissolved. The Seventh LegCo session met in March 2011. Council members
may be disqualified from service on the basis of various offenses,
including disloyalty to the sultan.
Persons age 18 years and above may vote by secret ballot in village
consultative council elections, which are based on a traditional system
of village chiefs. Candidates must be Muslim, approved by the
government, and 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.
Political Parties.--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.
Participation of Women and Minorities.--In 2009 the sultan
appointed the first female cabinet member, Datin Hayati, as attorney
general. Two other women held ministerial rank--the sultan's sister,
Princess Masna, ambassador-at-large in the Ministry of Foreign Affairs
and Trade; and Deputy Minister for Culture Youth and Sports Datin
Adina, appointed in 2010. There were four female permanent
secretaries--in the Ministries of Defense, Foreign Affairs and Trade,
and Industry and Primary Resources. There were two women appointed to
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 February 2010, 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 BN$523,900 ($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 BN$55,875 ($42,980).
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.
Government Human Rights Bodies.--There are no government human
rights bodies in Brunei.
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.--Rape and Domestic Violence.--The law stipulates
imprisonment of up to 30 years and caning with no 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 is not rape, as
long as she is not under age 13. The legal age of marriage is 14.
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.
By year's end, 26 rape cases had been reported, 15 of which remained
under investigation.
There is no specific domestic violence law, but arrests were 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 144 cases of
spousal abuse reported; at year's end 120 cases were under
investigation. 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
Department of Community Development in the Ministry of Culture, Youth,
and Sport provided counseling for women and their spouses. Based on
individual circumstances, some female and minor victims were placed in
protective custody at a government-sponsored shelter 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.
Female genital mutilation (FGM).--There is no law criminalizing
FGM, but there were no known reports of FGM during the year.
Sexual Harassment.--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. The government reported 45 cases of sexual harassment, of
which 32 were under investigation at year's end.
Reproductive Rights.--Couples and individuals have the right to
decide the number, spacing, and timing of their children and have
access to modern contraceptive devices and methods through the
government and private clinics. 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.
Discrimination.--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 own property and other assets, including
business properties. Male spouses of female citizens could not apply
for permanent resident status until they had resided in the country for
a cumulative total of 20 out of the 25 years immediately preceding
their application. Female spouses of male citizens on the other hand
could apply for permanent resident status after only two years of
marriage. Female citizens may pass their nationality on to their
children, but only through an application process.
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 male counterparts.
According to government statistics, women made up 57 percent of the
civil service force and held 28 percent of senior management posts.
Women were not discriminated against in access to employment and
business. Some professions such as meteorology are designated as
women's professions, and men noted discrimination during hiring.
Children.--Birth Registration.--Citizenship is derived through
one's father rather than through birth within the country's territory.
Female citizens may pass their nationality on to their children, but
only through an application process. Birth registration is universal
and immediate except for Dusun and Iban indigenous persons in rural
areas (see section 6, Indigenous People). 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.
Child Abuse.--As of October the government reported 16 cases of
child abuse. Two cases of child abandonment were reported during the
year. The Royal Brunei Police Force hosts a specialized Woman and Child
Abuse Crime Investigation Unit and the Ministry of Culture, Youth and
Sports provides shelter and care to victims.
Sexual Exploitation of Children.--By law sexual intercourse with a
girl under age 14 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.
International Child Abductions.--The country is not a party to the
1980 Hague Convention on the Civil Aspects of International Child
Abduction.
Anti-Semitism.--There were no known Jewish communities in the
country, and there were no reports of anti-Semitic acts.
Trafficking in Persons.--See the Department of State's Trafficking
in Persons Report at http://state.gov/j/tip.
Persons With Disabilities.--The law does not prohibit
discrimination against or 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.
National/Racial/Ethnic Minorities.--Government policy provides for
preferential programs designed to boost the economic position of ethnic
Malays, who constitute approximately two-thirds of the population.
Indigenous People.--A large percentage of indigenous Iban were
stateless. In rural areas some indigenous Iban did not register the
birth of their children, which created difficulties during school
enrollment, access to healthcare, and employment. Indigenous lands of
the Iban and Duson are not specifically demarcated and there were no
specially designated representatives for the indigenous groups in the
Legislative Council or other government entities.
Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--The law makes it a criminal
offense to have ``sexual intercourse against the order of nature.''
There were no reports of official or societal 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. Freedom of Association and the Right to Collective Bargaining.--
The law provides for workers to form and join unions. Under the Trade
Unions Act, unions 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. The law applies in the Muara Export Zone.
Although government data indicated approximately 87,867 foreigners
worked in the country, these workers are excluded from most labor law
protections, including freedom of association.
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 the Department of Labor.
The government prohibits strikes, and the law makes no explicit
provision allowing either the right to strike or the right to
collective bargaining.
The law prohibits employers from discriminating against workers in
connection with union activities, but it does not provide for
reinstatement for dismissal related to union activity.
There were no reports of government interference in union activity,
and worker organizations were independent of the government. Employer
discrimination against union members was not reported.
b. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor. However, there were credible reports of
forced labor, including debt bondage and involuntary domestic
servitude. Foreign embassies with a large population of citizens
working in the country reported cases of nonpayment of wages for up to
a year as well as a lack of access to travel documents. For many cases
in which abuses were committed, the government levied fines and
prosecuted offenders.
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. The government has begun a process to only issue
labor passes to registered recruiting agencies. There were also
credible reports of citizens from South Asian countries working for
little or no pay for up to one year to pay back foreign agents for
securing jobs for them.
Also see the Department of State's Trafficking in Persons Report at
http://state.gov/j/tip.
c. Prohibition of Child Labor and Minimum Age for Employment.--
Various domestic 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.
d. Acceptable Conditions of Work.--The law does not set a minimum
wage, but most employed citizens command good salaries; per capita
income stands at BN$40,700 (US$31,300). Some foreign embassies set
minimum wage requirements for their nationals working in Brunei. The
standard workweek is Monday through Thursday, then Saturday, with
Friday and Sunday off, allowing for two rest periods of 24 hours each
week. The law provides for paid annual holidays, overtime for work in
excess of 48 hours per week, and double time for work performed on
legal holidays, but laws regarding hours were frequently not observed
in practice.
Occupational health and safety standards were established by
government regulations. The law permits a worker to leave a hazardous
job site without jeopardizing his employment.
The Labor Department inspected working conditions on a routine
basis and in response to complaints. The government usually moved
quickly to investigate abuses, and abusive employers faced criminal and
civil penalties. The Labor Department had the power to terminate the
license of abusive employers and revoke their foreign labor quota. The
majority of abuse cases were settled out of court through agreements
where the employer paid financial compensation to the worker.
The government generally enforced labor, health and safety
regulations effectively, but enforcement in the unskilled labor sector
was lax. This was true especially for foreign laborers at construction
sites, where pay arrearage and inadequate safety and living conditions
were reported. The government may close a workplace where health,
safety, or working conditions are unsatisfactory.
Government mediation by the Labor Department continued to be the
most common means used to resolve labor disputes. In 2010 the
commissioner responsible for labor was given additional authority to
protect foreign worker rights. The government prosecuted employers who
employed irregular immigrants or did not process workers' documents,
rendering them irregular. When grievances could not be resolved,
regulations require employers to pay for the repatriation of the
foreign workers and all outstanding wages.
In practice foreign workers who filed grievances sometimes did not
receive their back wages, and required their embassy to assist in their
repatriation. Foreign migrant workers often 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. The government now requires
recruiting agencies to be registered.
During the year there were cases reported of nonpayment of
salaries. The majority of cases involved domestic workers. In many
cases, judicial penalties including convictions and fines were levied
against employers found to not pay wages.
In practice government protective measures for foreign workers
existed and included arrival briefings for workers, inspections of
facilities, and a telephone hotline for worker complaints. However,
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 involved those who
overstayed their work permits, many workers faced prosecution for
residing under irregular status due to their former employers'
negligence.
__________
BURMA
executive summary
Burma's government is headed by President Thein Sein; the military-
run State Peace and Development Council was officially dissolved in
2011, although former and active military officers continued to wield
authority at each level of government. In November 2010 the then-
military regime held the country's first parliamentary elections since
1990, which were neither free nor fair. The government's main party,
the ruling Union Solidarity and Development Party (USDP), claimed an
overwhelming majority of seats in the national parliament and state/
regional assemblies. Military security forces report to military
channels, and civilian security forces, such as the police, report to a
nominally civilian ministry headed by an active-duty military general.
Significant developments during the year included the emergence of
a legislature that allowed opposition parties to contribute
substantively to debates; democratic reforms such as the amendment of
laws allowing opposition parties to register and Aung San Suu Kyi to
announce her bid for Parliament; the release of hundreds of political
prisoners; the relaxation of a number of censorship controls, the
opening of some space in society for the expression of dissent; and an
easing of restrictions on some internal and foreign travel for
citizens.
Significant human rights problems in the country persisted,
including military attacks against ethnic minorities in border states,
which resulted in civilian deaths, forced relocations, sexual violence,
and other serious abuses. The government also continued to detain
hundreds of political prisoners. Abuses of prisoners continued,
including the alleged transfer of civilian prisoners to military units.
These units reportedly were often engaged in armed conflict in the
border areas where they were forced to carry supplies, clear mines, and
serve as human shields.
Government security forces were responsible for extrajudicial
killings, rape, and torture. The government detained civic activists
indefinitely and without charges. The government abused some prisoners
and detainees, held persons in harsh and life-threatening conditions,
routinely used incommunicado detention, and imprisoned citizens
arbitrarily for political motives. The government infringed on
citizens' privacy and restricted freedom of speech, press, assembly,
association, religion, and movement. The government impeded the work of
many domestic human rights nongovernmental organizations (NGOs).
International NGOs continued to encounter a difficult--although
somewhat improved--environment. Recruitment of child soldiers,
discrimination against ethnic minorities, and trafficking in persons--
particularly of women and girls--continued. Forced labor, including
that of children, persisted.
The government generally did not take action to prosecute or punish
those responsible for human rights abuses, with a few isolated
exceptions. Abuses continued with impunity. Rampant corruption and the
absence of due process undermined the rule of law.
Ethnic armed groups also committed human rights abuses, including
forced labor and recruitment of child soldiers.
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 unrelated to internal conflict (see section 1.g. for killings
related to internal conflict). On September 8, a public works employee
allegedly beat to death a 28-year-old villager for violating a
prohibition against riding a motorbike on the Rangoon-Mandalay highway.
In August in a military supply and logistics battalion in Taungoo, Bago
Region, fellow soldiers reportedly beat a number of child soldiers to
death. The government did not hold the alleged perpetrators
responsible. Unlike in 2010, there were no reports of custodial deaths
during the year.
b. Disappearance.--Unlike in previous years, there were few reports
of the ``disappearance'' of private citizens outside of prison and the
border region for prolonged periods for interrogation by authorities
without notification of family members.
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, including severe beatings, electric shocks, burning with
lighters, water torture, and deprivation of food, water, and sleep.
Both male and female political prisoners reported sexual abuse,
including harassment and molestation, beating or burning of the
genitals, threats of rape, and rape. As in previous years, authorities
took little or no action to investigate incidents or punish
perpetrators. Following a June 24 bomb blast at the Naypyitaw rail
station, rights activists reported authorities detained and tortured an
innocent person to obtain a confession.
Press reports in late May alleged that the authorities transferred
seven political prisoners conducting a hunger strike in Insein prison
to 10-by-10 foot cells used to house dogs. The reports noted that these
prisoners were routinely beaten, forced to crawl like dogs, and denied
water and medical treatment (see section 1.g. for reports of abuses in
connection with the internal conflicts).
Prison and Detention Center Conditions.--Prison conditions, and
particularly labor camp conditions, continued to be 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. Prisoners did not have
access to potable water. In many cases family members, who generally
were allowed one or two visits per month, supplemented prisoners'
official rations of medicine and basic necessities. Authorities
continued to send political prisoners to remote prisons located
hundreds of miles from their families to make family visits difficult
or impossible.
The government continued to deny prisoners adequate medical care,
although these inadequate medical services in part reflected the poor
health-care services available to the general population. Prisoners
suffered from health problems including malaria, heart disease, high
blood pressure, tuberculosis, 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. Former
prisoners reported that prison authorities designated some long-term
prisoners as unofficial ``wardens'' to supervise and control other
prisoners. The sexual abuse by these ``wardens'' of prisoners as young
as 15 and 16 years of age contributed to high rates of HIV/AIDS
infection. Former prisoners also complained of being held in aging
physical structures that received no maintenance and were infested with
rodents, bacteria, and mold.
The Correctional Department operated an estimated 42 prisons and
more than 100 labor camps. According to a human rights activist, there
were approximately 66,000 prisoners, 58,000 male and 8,000 female. The
number of juvenile detainees was estimated to be a few hundred. Prison
overcrowding reportedly was minimal, as authorities were said to
transfer prisoners to labor camps as a space-saving measure.
Pretrial detainees were held together with convicted prisoners, and
political prisoners were sometimes held together with common criminals.
Prison authorities held high-profile political prisoners such as the
monk U Gambira, leader of the 2007 monk-led protests or All Burma Monks
Alliance, separately. Reports varied on whether or not political
prisoners faced significantly different treatment--and whether it was
better or worse--than other prisoners.
While there were reports that many prisoners and detainees had
access to visitors and could sometimes submit complaints to judicial
authorities without censorship or negative repercussion, not all
prisoners were allowed to worship freely. Monks imprisoned during the
2007 prodemocracy movement known as the Saffron Revolution reported
that they were denied permission to keep Buddhist Sabbath (Uposatha),
wear robes, and shave their heads and were not allowed to eat food
compatible with the monastic code. Authorities generally did not
investigate credible allegations of inhumane conditions. The National
Human Rights Commission, formed in August, accepted an unknown number
of complaints regarding prison conditions (see section 5). There were
reportedly no measures to improve prison record keeping. There were
some alternatives to incarceration for nonviolent offenders, including
fines and ``community arrests'' requiring the convicted person to stay
within their community and report regularly to authorities. There were
no rehabilitation programs.
The government generally did not permit media or other independent
groups to monitor prison conditions. However, for the first time in
nearly six years, on July 1-2 the government allowed officials from the
International Committee of the Red Cross (ICRC) to survey the water and
sanitation structure of three prisons for future improvements. At
year's end the government continued to prevent the ICRC from meeting
directly with prisoners.
d. Arbitrary Arrest or Detention.--The law does not specifically
prohibit arbitrary arrest but requires permission of a court for
detention of more than 24 hours. The government nevertheless
arbitrarily arrested and detained citizens. The law allows authorities
to extend sentences after prisoners have completed their original
sentence, and the government regularly used this provision. The 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 Ministry of Home
Affairs oversees the police force, which is largely responsible in law
and practice for law enforcement and maintenance of order within the
country, particularly in urban areas and the larger cities. The
Ministry of Defense oversees the Office of the Chief of Military
Security Affairs (MSA) and also plays a significant role in the
maintenance of law and order, particularly in rural and border areas.
Security forces continued to maintain a tight grip on inhabitants,
due in large part to the fear of arbitrary arrest and detention and
also through threats to individual livelihoods. These forces enjoyed
impunity. Effective legal mechanisms do not exist to investigate
security force abuses. The police initiated some activities to raise
human rights awareness; in August the authorities conducted a 10-day
human rights training course for 140 mid-level managers across all
ministries and 100 officers from the police force, Bureau of Special
Investigation, Correctional Department, General Administration
Department, and Immigration and Population Department. The government
also took steps to address the use of child soldiers (see section
1.g.).
Arrest Procedures and Treatment While in Detention.--By law
warrants for searches and arrests are required; however, the MSA and
police conduct searches and make arrests at will. Special Branch police
responsible for state security matters reportedly held people during
what they termed an ``interrogation phase,'' a period not defined in
law, before pretrial detention period. With court permission police can
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 for up to
a year, without bringing the detainees before a judge or informing
persons of the charges against them. Detainees were not always allowed
prompt access to a lawyer of their choice, or, if indigent, to one
provided by the state. The government continued to detain persons under
the Emergency Provisions Act of 1950, which allows for indefinite
detention. Bail was commonly offered in criminal cases but rarely
allowed for political prisoners. Bribery was a common substitute for
bail. The government regularly refused detainees the right to consult a
lawyer and occasionally imprisoned, detained, and disbarred lawyers who
undertook to represent politically controversial defendants. The
government continued to use incommunicado detention and failed to
inform detainees' relatives of detentions in a timely fashion.
Arbitrary Arrest.--Local human rights activists reported that
police detained Yangonthar (aka Thiha) in July for suspicion of theft.
Despite a lack of evidence, he was put in custody and tortured. He was
later sent to court where police officially charged him with theft, and
he disappeared. At year's end his whereabouts were unknown.
Amnesty.--On October 11, President Thein Sein announced an amnesty
for 6,359 prisoners, including an estimated 241 political prisoners,
although the precise number of prisoners and political prisoners could
not be verified. The October release included several prominent
political prisoners including prodemocracy activist and comedian
Zarganar.
The president also granted an amnesty on May 17, commuting all
death sentences to life imprisonment and granting a one-year sentence
reduction to all other prisoners. The government claimed that 14,600
prisoners benefitted from early release. Post and press reports
indicated that 55 to 72 of these were political prisoners. Rights
groups and political prisoners denounced the May amnesty as inadequate;
political prisoners in Rangoon's Insein prison responded with a hunger
strike. As punishment authorities allegedly transferred seven of these
prisoners to cells used to house military dogs (see section 1.c.).
e. Denial of Fair Public Trial.--The Judiciary Law of 2000 calls
for an independent judiciary; however, in practice the judiciary was
characterized by institutionalized corruption and remained under the de
facto control of the military and government. According to studies by
civil society organizations, payments were made at all stages in the
legal process and to all levels of officials, for routine matters such
as access to a detainee in police custody and determining the outcome
of a case. The court system and its operation were seriously flawed,
particularly in the handling of political cases.
The use of blanket laws to arbitrarily arrest and detain citizens
for peaceful activities--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 due process and the right to a
fair trial. Lawyers representing political prisoners or political cases
faced harassment and have been disbarred and arbitrarily arrest and
detained. During the year authorities revoked the license of U Tin Aung
Tun, a lawyer representing farmers in a land confiscation case. The
Asian Legal Resource Center reported some 32 lawyers remained disbarred
and unable to practice law for political reasons.
Trial Procedures.--The law provides for the right to a fair trial,
but it also grants broad exceptions, in effect allowing the government
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 the right to presumption of innocence,
trial by jury, or, except in capital cases, the right to consult an
attorney or have one provided at government expense. There is no right
to confront witnesses and present witnesses and evidence, although
sometimes witnesses and evidence were allowed. While there is no right
to access government-held evidence, sometimes it was provided.
Defendants have a right to appeal judgments; however, in most appeal
hearings the verdicts were upheld.
Common criminal cases were open to the public. Defense attorneys in
criminal cases generally had 15 days to prepare for trial. In political
cases, however, courts often did not notify defense attorneys 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
courts 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. National League for Democracy (NLD) members and other
prodemocracy activists generally appeared able to retain the counsel of
lawyers; however, lawyers were not given the opportunity to mount a
proper defense. They 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 government used the penal code to render excessive sentences
against political activists by allowing government prosecutors to
charge detainees with multiple violations of tangential and archaic or
widely ignored laws, such as violating currency laws, publishing
materials likely to cause alarm, or spreading rumors. This practice
resulted in lengthy cumulative sentences. The regime prosecuted
political prisoners under such measures as Defamation of the State, 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 the 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.
Political Prisoners and Detainees.--Unlike in previous years, the
government began a dialogue with the United States and others in the
international community on the issue of political prisoners, whom it
termed ``security detainees.'' NGOs estimated the government released
approximately 300 political prisoners over the year; however, at year's
end hundreds of political prisoners remained in detention, although the
precise number was unknown. Exile and prodemocracy groups believed that
the vast majority of these prisoners had not engaged in any violence,
theft, or other common crimes. Although some reports indicated that
political prisoners enjoyed more protections than other prisoners or
detainees, many human rights activists and former political prisoners
noted that only high-profile political prisoners were afforded greater
protections, while lower-level political prisoners had substantially
fewer protections than the general prison population. The government
did not permit international humanitarian organizations access to
political prisoners.
Myint Aye, a prominent political prisoner and NLD member, remained
in prison at year's end. In 2002 he cofounded Human Rights Defenders
and Promoters (HRDP) to raise awareness of the U.N. Declaration of
Human Rights. He reportedly endured strenuous interrogation and was
forced to watch his colleagues be tortured. He confessed to the alleged
crime of planning a terrorist act in Rangoon. In 2008 he was sentenced
to life plus eight years' imprisonment under section 3 of the Explosive
Substances Act of 1908, section 6 of the Law Relating to Forming of
Organizations of 1988, section 17/1 of the Unlawful Association Act of
1908, and section 13/1 of the Burma Immigration (Emergency Provisions)
Act of 1947.
Go Pian Sing, a member of the ethnic Chin minority and a practicing
Christian, was reportedly kidnapped and ``disappeared'' by military
personnel in 2009 in Rangoon. In January 2010 he was sentenced to 15
years, the maximum under the Electronics Act, for allegedly sharing
information with foreign media about Burma's military ties with North
Korea. At year's end he remained imprisoned at Taungoo prison.
Civil Judicial Procedures and Remedies.--Although no specific
mechanisms or laws provide for civil remedies for human rights
violations, complainants can use provisions of the penal code and laws
of civil procedure to seek civil remedies. There were no examples of
successful attempts to do so.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--Although the Land Acquisition Act protects the privacy
and security of the home and property, agents of the government entered
homes without judicial authorization. In May local authorities in Pyay
entered houses, without judicial authorization, in an area where a
human rights organization planned to hold a seminar.
There was no law protecting the privacy of correspondence or other
communications of citizens, and it was widely believed authorities
regularly screened private correspondence, telephone calls, and e-mail.
The government reportedly continued to control and monitor 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, including cell and satellite phones, face up to
three years in prison and a heavy fine. Use of unregistered radios is
also punishable by a fine and imprisonment. International NGOs reported
that in northern Rakhine State, a man was sentenced to two years'
imprisonment for possession of an unregistered cell phone.
Activists reported that through official 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 (see section 2.d.).
The government reportedly continued its practice of conscripting
members of ethnic minorities for service as military porters in Bago
Region and in Chin, Karen, Kachin, Kayah, Rakhine, and Shan states (see
section 1.g.).
While no legal provisions restrict the right of adult women and men
to marry, a 1998 Supreme Court directive prohibits legal officials from
accepting petitions for marriages between Burmese women and foreign men
and from officiating over such marriages. The directive was
sporadically enforced. In northern Rakhine State, local authorities
require ethnic Rohingya to obtain a permit--a step not required of
other ethnicities--to marry officially. Wait times for the permit can
exceed one year, and bribes were usually required. Unauthorized
marriages can result in the Rohingya man being prosecuted under section
493 of the penal code, which prohibits men from ``deceitfully''
marrying a woman, and can result in a prison sentence or fine.
Family members were sometimes punished for alleged offenses
committed by individuals.
g. Use of Excessive Force and Other Abuses in Internal Conflicts.--
Government forces continued to engage in widespread and systematic
abuses of noncombatant civilian populations in ethnic minority border
regions. Following the November 2010 election, conflicts broke out in
Karen, Kachin, Shan, and Mon states following the government's demand
that ethnic cease-fire groups transform their armies into border guard
forces under control of the central government. Sources from various
ethnic groups reported incidents of killings, torture, abductions, and
forced labor of civilians; the use of civilians as human shields and
mine sweepers; and rape as a war tactic in Shan, Kachin, Mon and Karen
states. Authorities, surreptitiously and without informing family
members, transferred prisoners from prisons across the country to the
front lines of battles with armed ethnic groups; the military then
forced prisoners to carry equipment, clear mines, and serve as human
shields. Many were killed by members of the military, by mines, or
during clashes with insurgents. There were no reports of government
efforts to protect the population from conflict-related abuses.
On August 18, President Thein Sein issued an official invitation to
armed ethnic groups to participate in peace talks through a two-track
process. The government invited national armed ethnic groups to first
contact their state or regional government to launch preliminary
negotiations, and the president pledged that the government would form
a national-level team for the second phase of peace talks. By year's
end the government had reached preliminary cease-fire agreements with
three armed ethnic groups: the United Wa State Army on September 6, the
National Democratic Alliance Army on September 7, and the Shan State
Army-South on December 2. Additionally, the government had met with
other armed ethnic groups, including the Karen National Union, New Mon
State Party, Karenni National Progressive Party, Chin National Front,
Pa-O National Liberation Organization, and Kachin Independence
Organization, the political wing of the Kachin Independence Army (KIA).
At year's end, however, these groups had not reached cease-fire
agreements with the government, and violence continued in Karen,
Kachin, Shan, and Mon states.
In a December 10 letter, the president ordered the army to halt
attacks in Kachin State; at year's end this directive had not resulted
in an end to hostilities.
Killings.--Human rights organizations detailed an extensive system
of forced labor involving the transfer of at least 800 prisoners to the
border regions for use by the military as porters in border conflicts.
Military officials reportedly killed, tortured, and otherwise seriously
abused porters. According to one report, in January military officials
transferred a civilian from Insein Prison to Pa'an Prison en route to
the front line to serve as a porter for a military unit belonging to
the Light Infantry Battalion #208. The source reported that Sergeant Sa
Ya Shein Htun stabbed a porter to death when he was unable to carry his
heavy load. Shein Htun reportedly also kicked a porter whose leg was
blown off by a land mine into a ditch, where he died.
Civilians were also killed through indiscriminate use of force. In
May in Shan State, government troops confiscated Tarlaw villager Sai
Chi Hla's vehicle and ordered him to transport troops from Maikai town
to Shataw town. On the way the group encountered fighting between the
Shan State Army and government troops, and Sai Chi Hla was killed in
the skirmish.
Abductions.--Residents of ethnic border areas reported continuing
disappearances related to conflict.
Other Conflict-related Abuses.--Media reports documented government
torture and beating of civilians alleged to be working with insurgent
groups. A human rights activist in Chin State reported that government
troops in Thlen Rawn village tortured and beat a village administrator
accused of associating with the Chin National Army in September. Human
rights groups reported that the military continued to use rape as a
tactic of war. Aung San Suu Kyi told a group of Nobel Prize winners in
May that rape was a ``very real problem'' and ``is used as a weapon by
armed forces to intimidate the ethnic nationalities.'' The Kachin
Women's Association Thailand reported that Burma Army troops gang-raped
at least 18 women and girls between June 10-18 during advances on
Kachin Independence Army strongholds along the border with China. Army
troops reportedly killed four of these women, and one later died from
her injuries. The Shan Women's Action Network and Shan Human Rights
Foundation documented the rape of five women, including a 12-year-old,
a 50-year-old, and a nine-month-pregnant woman, by an army patrol from
the Light Infantry Battalion 513 in the village Wan Loi in Ke See
township on July 5.
Government troops used land mines without taking measures to
protect civilians. In May government troops used children as young as
five years of age as human shields and mine sweepers in Shan State's
Maingshu area.
Human rights activists, international NGOs, and representatives
from various ethnic regions described continuing recruitment of child
soldiers despite military rules prohibiting enlistments of persons
under18 years of age. One of a number of tactics used by the military
involved military recruiters reportedly approaching street children or
children found alone at railway stations and asking for identification.
If the children could not provide identification, recruiters threatened
to imprison them unless they agreed to join the army. Alternatively,
recruiters offered incentives, promising a good salary, continuing
education, and housing if the child joined. Other children were simply
abducted. Poverty led a large number to volunteer. In July in Pyay town
in Bago Region, the army reportedly paid 200,000 kyat ($440) to
purchase five child soldiers from a female trafficker. Because
recruiters were rewarded for the number of recruits regardless of age
or suitability, they typically did not screen for underage recruits.
Child soldiers were reported to be as young as 11 years of age. The
government investigated and acted to release children from military
service if the children or their families were aware of the law
prohibiting child labor and exercised their right to file a complaint
with the International Labor Organization (ILO).
Armed ethnic groups also reportedly used land mines, forced
recruitment, and child soldiers.
The government took steps toward improvement of these practices.
Since 2008 military officials in cooperation with UNICEF have trained
14 groups of approximately 1,000 military officers, including
recruitment officers and officers up to the rank of captain, on
international humanitarian law. UNICEF trained the country's four
recruitment hubs and reported increased numbers of child soldiers
rejected at this stage. During the year and in response to ILO
complaints, the military dismissed three officers from the military and
imprisoned them in civilian jails for the use of child soldiers. The
military demoted other military personnel, docked their salaries, and
took away 12 months' seniority for pension and promotion rights.
Government officials also participated in ILO workshops on forced
labor.
Also see the Department of State's Trafficking in Persons Report at
http://state.gov/j/tip.
International humanitarian organizations reported that the
government deliberately restricted passage of relief supplies and
denied humanitarian organizations unfettered access to conflict
affected areas. In July the press reported that the government
instructed domestic NGOs not to provide aid to Kachin war refugees who
fled to Kachin Independence Organization areas along the border with
China; however, the government allowed relief efforts by some domestic
NGOs and faith-based organizations throughout Kachin State. In December
the government allowed a UN-affiliated convoy access to Kachin State to
deliver humanitarian aid and conduct a needs assessment of camps of
internally displaced persons (IDPs).
Human rights organizations and inhabitants of conflict areas
confirmed press reports that government troops used civilians as human
shields. Human rights researchers in western Karen State detailed an
incident on May 15 in which a joint patrol of government troops, Light
Infantry Battalions 375 and 541, looted civilian property and burned
down six field huts containing stores of paddy seed belonging to
villagers in Ku Ler Der Village, Tantabin Township. In September
government forces in the Kehsi Mensi District of Shan State reportedly
used monks and local civilians as human shields. There were numerous
reports of forced displacement of civilians for reasons other than
military necessity and of land confiscation and destruction of
property.
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
Kachin State there were an estimated 30,000-55,000 IDPs by year's end,
and the number was projected to grow. 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 (see
section 2.d.).
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--Status of Freedom of Speech and
Press.--The 2008 constitution provides that ``every citizen shall be at
liberty in the exercise of expressing and publishing freely their
convictions and opinions,'' so long as the exercise of these rights is
``not contrary to the laws, enacted for Union security, prevalence of
law and order, community peace and tranquility or public order and
morality.''
Freedom of Speech.--Authorities arrested, detained, convicted, and
imprisoned citizens for expressing political opinions critical of the
government. Because security services continued to monitor and harass
persons believed to hold antigovernment opinions, a large segment of
the population remained wary of speaking openly about politically
sensitive topics. Human rights activists reported a decrease in the
frequency and severity of the harassment as compared with the previous
year.
Freedom of Press.--The government controlled content in all print
publications, and it owned or controlled all domestic radio and
television broadcasting facilities. While official print and broadcast
media remained primarily propaganda organs of the government,
government media engaged in more substantive reporting than in previous
years. Government-owned print and broadcast media covered parliamentary
debates, including motions by both the ruling party and opposition, and
provided more extensive reporting of meetings than in the past.
The Ministry of Information and Security owned and operated all
daily newspapers allowed to operate within the country.
The government continued to monopolize and control all domestic
television broadcasting. It offered five public channels--four
controlled by the Ministry of Information and one controlled by the
armed forces--and censored private channels. The general population was
allowed to register satellite television receivers for a fee, although
it remained far too expensive for the majority of persons.
Violence and Harassment.--Authorities continued to arrest, harass,
intimidate, and use violence against journalists. At year's end the
Committee to Protect Journalists reported that 12 journalists remained
behind bars, in addition to eight Democratic Voice of Burma (DVB)
reporters. In September, however, the government lifted restrictions on
some journalists once considered by authorities to be enemies of the
state.
Censorship or Content Restrictions.--The Ministry of Information's
Press Scrutiny and Registration Division censored all private
publications, including books. 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 the Press
Scrutiny and Registration Division, the state censorship board. The
government continued to crack down on uncensored foreign videotapes and
digital video discs, although pirated copies remained widely available
on the street.
The censorship process required prior to publishing books could
take several months or years and was tightly controlled by the
censorship board, although some books and publications not permitted in
previous years were sold freely.
The law prohibits the publication or distribution of most printed
material without obtaining prior approval from the government (see
Actions to Expand Press Freedom).
Imported publications remained subject to pre-distribution
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 some foreign
news periodicals. While Newsweek appeared on newsstands, some foreign
publications run by exile media could not be imported. The law
prohibits citizens from passing information about the country
electronically to media located outside the country, exposing
journalists who report for international media to harassment,
intimidation, and arrest.
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 (RFA), Voice of America
(VOA), BBC, and DVB, remained the principal sources of uncensored
information.
Domestic media practiced self-censorship due to fear of government
reprisal, although by year's end, publications increasingly reported on
political and economic topics once censored or considered too
sensitive. Publications generally did not report on sensitive economic
and political topics. In May the government reportedly suspended the
Rangoon-based weekly journal True News for two weeks for reporting on
news considered controversial by the government.
Actions to Expand Press Freedom.--In contrast with 2010, the
government took steps towards media independence and relaxed censorship
in some areas.
Beginning June 10, the government relaxed censorship on certain
subject-matter publications--those relating to sports, health,
children, and information technology--removing the requirement of
advanced approval. On August 16, officials removed the daily banners in
government press casting VOA, BBC, and exile media as ``killer
broadcasts designed to cause trouble'' and as agents ``inciting unrest
and violence.'' In September a number of changes occurred. High-level
government officials granted interviews to VOA, RFA, and the BBC.
Government-owned service providers lifted a ban on previously blocked
news Web sites, including those operated by international and exile
media critical of the government; blog sites such as Blogger and
Wordpress; popular Web-based e-mail services such as Gmail, Yahoo, and
Hotmail; the social networking site Facebook; and the online video
portal YouTube.
On October 4, one of the country's most widely read journals,
Weekly Eleven News, carried an exclusive interview with Aung Zaw, the
founder and editor of Irrawaddy Magazine, a major exile publication.
Prior to the election, alleged contact with this type of high-profile
antigovernment dissident would have resulted in swift and severe
government reprisal. The most visible change was the publication in
government media of Aung San Suu Kyi's photograph in early September
and subsequent publication in private press of her image and related
stories, including on the front page of a number of periodicals.
Previously, the government censored photos of the democracy icon.
Internet Freedom.--Although no laws or regulations explicitly allow
the monitoring of Internet communications, the government owns the only
Internet Service Providers in the country and reportedly monitored
Internet communications. The Electronic Transactions Law of 2004
prohibits the electronic transfer of information that may undermine the
security of the state.
In May the Post and Telecommunications Ministry issued a regulation
prohibiting the use of Universal Serial Bus (USB) sticks (flash
drives), CDs, floppy disks, and other external data storage devices in
Internet cafes. Previous regulations governing Internet cafes
instructed cafe owners to collect passport details, addresses and phone
numbers of foreign customers, and submit monthly records of users'
Internet usage data to the ministry. Internet cafes reportedly did not
enforce these regulations. The ban on external electronic storage
devices came two months after the government adopted a law blocking
transmission technologies for delivery of voice communications such as
Skype and other voice over Internet protocols (VoIPs). The press noted
that while the measure was ostensibly designed to cut financial losses
by local companies offering overseas calling, it also gave government
censors greater control, as Skype and other VoIPs are reportedly
difficult to monitor. The government reenabled these technologies a
short while later.
The government stopped blocking Web sites critical of the
government and its activities in September (see Actions to Expand Press
Freedom).
While the government rarely charged persons explicitly for
expressing political, religious, or dissenting views in electronic
forums, including e-mail, it often charged individuals suspected of
such activities with other crimes. For example, on March 2, in Rangoon,
officers from the Special Branch police arrested Nay Myo Zin, former
military officer and leader of a blood donation group, allegedly
because of an e-mail found on his computer referencing national
reconciliation. He was charged with a violation of the Electronics
Transaction Law, which prohibits ``any act detrimental to the security
of the state'' and ``receiving or sending and distributing any
information'' related to state secrets using electronic transactions
technology. Convictions of such crimes lead to a minimum imprisonment
of seven years and a maximum of 15. On August 26, a Rangoon court
sentenced Nay Myo Zin to a 10-year prison term.
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. Foreigners
were not permitted to visit university campuses without prior approval
or attend any meetings involving students, including graduation
ceremonies.
The government denied ethnic minorities the freedom to teach in
their native language and tightly controlled private and religious
schools (see National/Racial/Ethnic Minorities in section 6).
The government monitored most cultural events. The cultural
activities, musical performances, exhibits, and other artistic events
sponsored by a foreign embassy were often restricted by the government
or cancelled at the last minute. In August the government banned Zay
Yar Thaw, a hip-hop singer, political activist, and former political
prisoner, from performing in a fundraiser for a home for the elderly.
He was later allowed to perform at an NLD fundraising concert in
December.
b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The constitution provides the right to freedom of assembly
but with significant limitations. The government did not respect the
right in practice. A long-standing ordinance officially prohibits
unauthorized outdoor assemblies of more than five persons, although it
was not enforced consistently. On September 26, police stopped
activists who marched together in commemoration of the fourth
anniversary of the 2007 monk-led uprising; however, in contrast to
similar gatherings in the past, police officers did not disperse the
crowd violently or detain participants. On May 26, the Rangoon regional
government denied opposition party representatives permission to hold a
peaceful assembly and protest scheduled for June 5. As justification
authorities cited the recent election and stated that although the
constitution mentioned the right to assembly, the new government
required rules and procedures to allow its exercise. Human rights
activists reported that, although early in the year the government
harassed persons in the vicinity prior to scheduled human rights
seminars, the harassment abated and observers noted less government
oversight later in the year. In December authorities allowed the NLD to
hold a large fundraising concert in Rangoon, Rangoon's largest event
during the calendar year.
Freedom of Association.--The constitution and laws allow citizens
to form associations and organizations; however, the government
restricted this right in practice. The government reportedly blocked
efforts of ethnic language and literature associations to meet and
teach, and it impeded efforts of Islamic and Christian associations and
organizations to gather and preach. Byzantine regulations and political
considerations impeded registration of NGOs; the government continued
to deny some local NGOs registration. In November the president signed
into law an amended Political Parties Registration Law that opened
registration to opposition parties (see section 3).
c. Freedom of Religion.--See the Department of State's
International Religious Freedom Report at http://state.gov/j/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.
The government did not fully cooperate with the Office of the U.N.
High Commissioner for Refugees (UNHCR) and other humanitarian
organizations in providing protection assistance to internally
displaced persons, refugees, returning refugees, asylum seekers,
stateless persons, and other persons of concern. However, the UNHCR
reported that the government granted visas to international staff. The
UNHCR subsequently established an Emergency Team in Kachin State in
October and conducted two needs assessments in September and December.
In-country Movement.--In practice regional and local orders,
directives, and instructions restricted freedom of movement. The law
requires that persons who intend to spend the night at a place other
than their registered domicile must inform local ward or village
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, albeit reportedly to a lesser degree than in
previous years, unannounced nighttime checks of residences for
unregistered visitors.
The government restricted the ability of internally displaced
persons, refugees, and stateless persons to move. While freedom of
movement was primarily related to a person's possession of
identification documents, in practice ethnicity and place of origin
were sometimes factors for the authorities in enforcing regulations.
For example, NGOs reported that a Muslim family from Rangoon with full
citizenship was arrested at the Sittwe airport and forced to pay a
bribe to secure their release. Authorities require the Rohingya, a
stateless population, to carry special documents and travel permits for
internal movement in five areas in northern Rakhine State: Butheedaung,
Mungdawe, Rathedaung, Kyauktaw and Sittwe, along the border with
Bangladesh. Officials lifted travel restrictions for Rohingya in
Thandwe and Kyaukphu districts in June.
Citizens of ethnic states report that the government restricted the
travel of, involuntarily confined, and forcibly relocated IDPs,
refugees, and stateless persons. In an effort to address the problem of
trafficking in persons, officials continued to impede the travel of
women under the age of 25.
Foreign Travel.--The government restricted foreign travel of
political activists, former political prisoners, and some local staff
of foreign embassies. Authorities denied passports and exit permission,
although unlike in previous years, late in the year they began issuing
passports to some people whose requests had previously been denied. A
lawyer who was politically active with the opposition in 1990 was
denied a passport in March to travel abroad for health reasons.
Exile.--There is a sizeable Burmese diaspora with many citizens in
self-imposed exile. On August 17, President Thein Sein announced that
the government would allow exiles to return home and consider waiving a
subset of nonviolent criminal charges. However, the offer included no
formal policy or procedure to guarantee the exiles' security.
Emigration and Repatriation.--According to the UNHCR, 88,486
registered Burmese refugees lived in camps in Thailand. Estimates for
the total number of refugees, including unregistered refugees, ranged
from 143,000 to 150,000. The government allowed the UNHCR limited
access to monitor potential areas of return to assess conditions for
the voluntary return of refugees and IDPs, leading UNHCR officials to
determine that conditions remained unsuitable for their return.
Approximately 29,000 Rohingya lived as legally registered refugees
in two official camps in southeastern Bangladesh, but as many as
400,000 more unregistered refugees lived outside the camps and in the
border areas. Neither Bangladesh nor Burma claimed the stateless
Rohingya refugees as citizens. Meanwhile, the UNHCR registered
approximately 20,000 Rohingya refugees in Malaysia, with an estimated
10,000 more awaiting registration.
Internally Displaced Persons (IDPs).--According to the UNHCR, there
were at least 460,000 IDPs in the country as of December, although
accurate figures were difficult to determine due to poor access to
affected areas; many international organizations estimated the actual
number of IDPs to be several million. Most international attention
continued to focus on the eastern region, where armed conflict and
repressive government policies displaced hundreds of thousands in the
past decade to areas within partial reach of international assistance.
An estimated 470,000 IDPs were in the East, of whom approximately
200,000-230,000 were in temporary settlements in areas administered by
ethnic minorities. Approximately 110,000 were believed to be in hiding
in remote areas, and an estimated 125,000 had followed government
eviction orders and moved to designated relocation sites. The Kachin,
Karen, Shan, Rohingya, and Kayah were the most affected groups.
Thousands of persons became newly displaced during the year in Karen,
Shan, and Kachin states, according to the Internal Displacement
Monitoring Center. 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. There was little access
to clean water and health or education services in the IDP areas, and
many displaced persons were unable to grow subsistence amounts of food
due to continual threats necessitating flight.
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 there were reports of both
government army and insurgent groups raping female IDPs, according to
these observers. Karen IDPs in these areas have remained displaced for
a number of years. The UNHCR was able to provide assistance to
approximately 60,000 IDPs.
Fighting continued throughout the year in several of Burma's ethnic
minority areas, including continuation of fighting in Karen State
between the Burmese army and ethnic armed groups. Thousands of Karen
went to Thailand seeking temporary protection in the Phrop Prah and
Three Pagodas Pass areas. Persons in the area reported that many
individuals crossed the border into Thailand daily but returned to
their homes at night when fighting subsided (see section 1.g.).
Protection of Refugees.--Access to Asylum.--The country's laws do
not provide for the granting of asylum or refugee status, and the
government has not established a system for providing protection to
refugees.
Nonrefoulement.--In practice the government 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. However, there were no reported cases of such
expulsion.
The UNHCR continued to negotiate for permission to work with what
the government termed ``communities that are affected by
displacement.'' The government continued to allow the UNHCR to provide
humanitarian assistance to Rohingya in northern Rakhine State.
A separate memorandum of understanding permitted the UNHCR to work
with implementing partners in the southeast region, including parts of
Karen and Mon states and Tanintharyi Region. Under the terms of the
memorandum, 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
what the government considered 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 800,000 legally
stateless persons, mostly Rohingya, residing in northern Rakhine State
near the border with Bangladesh. NGOs estimated the number of Rohingyas
in Burma at around two million persons. The government did not
recognize the existence of the Rohingya ethnicity; instead authorities
usually referred to them as ``Bengali,'' claiming that the Muslim
residents of northern Rakhine State were 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 belong to a national
race or indigenous group present in Burma before the beginning of
British colonial rule in 1823, as required by the highly restrictive
1982 citizenship law. Only Rohingya who were able to prove long
familial links to the country were eligible to apply for
naturalization. In practice, however, NGOs reported that Rohingya in
northern Rakhine State who submitted applications for naturalization
with all required documents did not receive a reply. Lawyers and
activists noted that some Rohingya could also secure naturalization or
``associate'' citizenship through bribery or by registering themselves
as a recognized ethnic group such as the Kaman. The legal status of
associate citizenship was created by the 1982 law and is applied to
South Asian and Chinese minorities whose ancestors immigrated to Burma
after 1823.
Rohingya experienced severe legal, economic, and social
discrimination. The government required them to receive prior approval
for travel outside their village 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. Rohingya were
singled out by authorities in northern Rakhine State to perform forced
labor and were arbitrarily arrested.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution provides limited rights for citizens to change
their government through elections. Certain constitutional provisions
grant one quarter of all national and regional parliamentary seats to
military appointees and provide that the military assume power over all
branches of the government should the president, who must be of
military background, judge the security situation to be unstable, limit
those rights.
Elections and Political Participation.--Recent Elections.--In
November 2010 the country held its first election in 20 years, which
the international community assessed as neither free nor fair due to an
array of flaws including political party registration restrictions,
detention of political activists, restrictions on free reporting and
freedom of assembly, inadequate time to develop candidate lists and to
prepare campaigners, lack of media access, the lack of independence of
the electoral commission, allegations of fraud via advance voting
irregularities, the cancellation of elections in certain ethnic areas,
and widespread reports of official intimidation.
Political Parties.--The ruling USDP dominated the electoral field.
Membership in the USDP conferred advantages in many areas. According to
human rights activists and legal sources, citizens could present USDP
cards in place of national identification cards for travel and to
purchase express bus, train, boat, or plane tickets. USDP members
reportedly were given priority enrollment in foreign language
universities in Rangoon and Mandalay and were exempt from the visitor
registration process--required for everyone else--for overnight stays
in townships other than the member's own.
In November, however, the president signed into law an amended
Political Parties Registration Law that opened registration to
opposition parties. The amended party registration law, among other
improvements, deleted a clause that previously prevented former
convicts from becoming a party member, implying that freed political
prisoners have the right to join a political party and run for office.
Following the law's passage, the NLD submitted its application for
registration on November 25, and on December 23, Aung San Suu Kyi
traveled to Naypyitaw to officially register the party. In total 11
parties applied for registration, and five were registered at year's
end.
Participation of Women and Minorities.--Following the 2010
elections, in some instances in the newly convened Parliament,
opposition and ethnic parties contributed substantively to debates of
current issues and the nation's future. Lawmakers adopted important
legislation, such as a labor law that granted workers the right to
organize and strike and a law providing the right to peaceful assembly.
Participation of women and minorities in political life also increased.
Prior to 2010 there were no women in the upper ranks of political
leadership, and members of certain minority groups were denied a role
in politics. During the year two women were deputy ministers, and five
ethnic states elected persons of their own ethnicity as chief minister.
There were 12 women in the 440-seat Pyithu Hluttaw (House of
Representatives, or lower house), or 2.7 percent of members; six in the
224-seat Amyotha Hluttaw (House of Nationalities, or upper house), or
2.7 percent; and 24 among the 882 total seats in the seven state and
seven regional Hluttaws, or 2.7 percent. The representation of women at
both the national and the state/regional level was approximately 3
percent. There were 44 ethnic representatives from ethnic parties (non-
USDP) in the Pyithu Hluttaw, or 10 percent, 29 in the Amyotha Hluttaw,
or 12.9 percent, five among the 544 seats in the seven regional
Hluttaws, or 0.9 percent, and 98 among the 338 seats in the seven state
Hluttaws, or 29 percent. The representation of ethnic parliamentarians
from ethnic parties at both the national and state/regional level was
thus approximately 11 percent.
Section 4. Official Corruption and Government Transparency
The government rarely enforced laws providing criminal penalties
for official corruption, and officials frequently engaged in corrupt
practices with impunity. A complex and capricious regulatory
environment fostered corruption. Authorities usually enforced
anticorruption laws only against officials whose egregious corruption
had become an embarrassment. The government reportedly forcibly retired
four military generals for corruption. Lawyers throughout the country
complained that rampant corruption pervaded the judiciary and 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, was classified or tightly controlled. During the year
government policymaking became more transparent. The government
published and attempted to explain new policies. Government press
tracked legislation from the time of submission, noting the drafter,
proposed amendments, and debate.
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. Although local human rights NGOs reported
significantly less harassment than they did prior to the 2010
elections, the majority could not successfully register, exposing staff
members to imprisonment for unlawful association. There were no known
local, registered human rights NGOs; some local NGOs had reportedly
applied for registration through the Ministry of Home Affairs but their
applications had been indefinitely delayed. Unregistered human rights
organizations reported continued government and Police Special Branch
monitoring but fewer incidents of harassment.
During the first part of the year, human rights advocates were
denied entry visas unless traveling under the aegis of a sponsor
acceptable to the government and for purposes approved by the
government. However, later in the year human rights activists and
advocates obtained visas, including representatives from the
international NGO Human Rights Watch. The government's monitoring of
the movements of foreigners, interrogation of citizens concerning
contacts with foreigners, and restrictions on the freedom of expression
and association persisted.
U.N. and Other International Bodies.--In August the government
granted U.N. Special Rapporteur for Human Rights Tomas Quintana greater
access than in prior visits, enabling him to meet with a broad cross-
section of society, including Aung San Suu Kyi, and to visit Insein
Prison, where he met with seven political prisoners.
The government maintained travel restrictions on foreign
journalists, NGO staff, U.N. agency staff, and diplomats in most
regions. International humanitarian NGOs and U.N. agencies reported
greater government acknowledgement of national deficiencies and an
increased willingness of the government to engage. Employees of these
international organizations reported continued difficulty obtaining
long-term visas. U.N. agencies and NGOs continued to negotiate with the
government to agree on mutually acceptable guidelines for activities.
Government Human Rights Bodies.--The government created the Myanmar
National Human Rights Commission on September 5 following Quintana's
August 21-25 visit. Commission members reported the commission intended
to conform to U.N. guidelines for an independent national human rights
commission and eventually bring the country into compliance with the
Paris Principles on Human Rights. On October 7, the government
announced procedures for citizens to file complaints of human rights
violations with the commission, and at year's end the commission had
accepted hundreds of complaints, reportedly focused on issues related
to tenure rights and land confiscation. At year's end, however, the
commission's ability to operate as a credible, independent mechanism
remained untested.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
Women.--Rape and Domestic Violence.--Rape is illegal, but the
government did not enforce the law effectively. Spousal rape is not a
crime unless the wife is under 14. The minimum age requirement for
marriage is 18.
The government did not release statistics concerning the number of
rape prosecutions and convictions. The police generally investigated
reported cases of rape. However, when government soldiers committed
rape in ethnic areas, 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.
Sexual Harassment.--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.
Reproductive Rights.--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 barriers to accessing family planning
services were 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
contraception. An acute shortage of government sector midwives impeded
access and prevalence. According to 2007 data, the estimated maternal
mortality ratio in the year was 316 per 100,000 live births.
International organizations cautioned that this figure was a
``guesstimate,'' as the government has not conducted a census since
1983. Major factors influencing maternal mortality included poverty,
limited availability and access to comprehensive sexual and
reproductive health services and maternal and newborn health services,
lack of information and awareness in communities on these issues, a
high number of home births, and lack of skilled birth attendants. Women
and men were given equal access to diagnostic services and treatment
for sexually transmitted infections, including HIV.
Discrimination.--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.
Children.--Birth Registration.--By law citizenship is derived
through parents, both of whom must be nationals of the country. In
major cities (e.g., Rangoon and Mandalay), births were registered
immediately. 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 or nonexistent. Access to public services in remote
communities was sometimes complicated by lack of birth registration but
more often by a lack of services. For the Rohingya community, birth
registration was a significant problem (see section 2.d.).
Education.--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.
Child Abuse.--There are laws prohibiting child abuse, but they were
neither adequate nor enforced. The government cooperated with UNICEF to
strengthen the 1993 Child Law, which 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 ($22).
Sexual Exploitation of Children.--Children reportedly engaged in
prostitution for survival without third-party involvement. The penalty
for child prostitution is 10 years' imprisonment and applies to the
customer. The law prohibits pornography; the penalty is three to five
years' imprisonment. The law prohibits statutory rape; if a victim is
under 14 years of age, the sexual act is considered rape, with or
without consent. 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. In Rangoon and Mandalay, and
increasingly in Chin State, observers noted the 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. 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.
Child Soldiers.--Both the Burmese army and ethnic minority armies
historically have used child soldiers (see section 1.g.).
Displaced Children.--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.
Institutionalized Children.--Many children were placed in
orphanages that lacked adequate food and services.
International Child Abductions.--The country is not a party to the
1980 Hague Convention on the Civil Aspects of International Child
Abduction.
Anti-Semitism.--There was one synagogue in Rangoon serving a small
Jewish congregation. There were no reports of anti-Semitic acts.
Trafficking in Persons.--See the Department of State's Trafficking
in Persons Report at http://state.gov/j/tip.
Persons With Disabilities.--There are no laws specifically
prohibiting discrimination against persons with physical, sensory,
intellectual and mental disabilities in employment, education, access
to health care, or the provision of other state services; the
government does not provide ample protections for these persons. The
government did not actively discriminate against persons with
disabilities in employment, access to health care, 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 an
estimated 30 to 40 percent of the population, and the seven ethnic
minority 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 stationed forces in some
ethnic groups' areas 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 committed abuses
(see sections 1.g. and 2.d.).
At year's end the government had reached preliminary cease-fire
agreements with three armed ethnic groups: the United Wa State Army,
the National Democratic Alliance Army, and the Shan State Army-South.
Fighting continued in Karen, Kachin, Shan, and Mon states (see sections
1.g. and 2.d.).
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. 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 tightly controlled the
limited number of Buddhist monastery-based schools, Christian
seminaries, and Muslim madrassahs.
During the year there were several reports of ethnic villages being
displaced for economic development, such as those around the Myitsone
Dam project--subsequently suspended by presidential order--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 laws against
``unnatural offenses'' apply equally to both men and women. These laws
were not enforced, however, and there were no impediments to
organizations or activities for lesbian, gay, bisexual and transgender
persons.
There was no official or social discrimination based on sexual
orientation in employment.
Other Societal Violence or Discrimination.--There were no reports
of societal violence or discrimination against persons with HIV/AIDS.
Section 7. Worker Rights
a. Freedom of Association and the Right to Collective Bargaining.--
On October 11, the president signed the Labor Organizations Law, which
repeals the Trade Union Act of 1926 and provides for a significant
expansion of labor rights.
Under this law workers may freely join labor organizations in their
trade sector. Labor organizations must register with the Chief
Registrar's Office. The law also provides that government may offer
assistance to labor organizations but must allow them to operate
independently. The law permits labor organizations to demand the
reinstatement of workers dismissed for union activity.
The law provides for a limited right to strike and right to lock
out, subject to certain conditions and with the exception of certain
industries. Strikes require a vote of the majority of the union's
members, and three days' notice in the private sector or 14 days'
notice in a public utility. The law prohibits strikes on purely
political grounds but allows strikes related to labor policies, for
example labor market policies, and on issues directly related to labor
affairs, such as wages, salaries, welfare, and working hours.
Strikes are prohibited in essential services, defined as ``those
whose interruptions are liable to endanger the life, health, or
security of the people in any segment of the population'' and include
water services, electricity services, fire services, health services,
and telecommunications services. However, the law also states that a
nonessential service may become an essential service if the strikes
last so long as to cause irreversible or disproportionate damage to
``the occupational interests of those involved in the dispute.'' This
definition includes a broader range of sectors than the international
norm.
The law gives unions the right to negotiate with employers with the
objective of ensuring collective representation of workers and
employers for the development of their labor relationships. It does not
contain measures regarding management of the bargaining process and
handling of disputes.
One of the criticisms of the new law is that it does not repeal all
existing legislation that constrains freedom of association. On
November 21, the president declared invalid the 1964 Law Defining the
Fundamental Rights and Responsibilities of the People's Workers and its
1976 amendment, which imposed a single trade union system on the
country. However, Order 6/88, which provides for harsh penalties for
organizations and associations, including unions, not registered with
the appropriate authorities, remains in place.
Organizations that attempted to register under the new labor law
were unable do so. The government cited lack of implementing
legislation. At year's end implementing regulations had not been
issued.
Under existing law the government generally does not allow workers
to organize independently or bargain collectively. Workers' supervision
committees exist at factories in all 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.
The ILO noted that numerous strikes occurred, but all were resolved
with the Ministry of Labor playing a mediation role. Settlements were
reached and accepted by both parties in every instance.
At year's end the ILO reported that the government continued to
hold 11 labor activists.
b. Prohibition of Forced or Compulsory Labor.--Laws prohibit forced
or compulsory labor (except as a criminal punishment) and provide for
the punishment of persons who impose forced labor on others.
The Ministry of Home Affairs is broadly responsible for enforcing
laws and regulations against forced labor; however, the Ministry of
Labor is the chair of the governmental Committee for the Elimination of
Forced Labor. The Ministry of Labor oversees the conditions of labor in
the private sector.
In practice government and military use of forced or compulsory
labor remained a widespread and serious problem. Throughout the country
international observers verified that the government continued to force
citizens to work on roads, construction, and other maintenance
projects, particularly at the village level; however, the ILO noted
that incidents decreased. Citizens also were forced to undertake work
in association with military-owned industrial enterprises and as
porters in conflict zones. In ethnic or religious minority regions, the
military's use of forced labor in support of military garrisons or
military operations remained an especially serious concern.
On February 23, the ILO and the Ministry of Labor signed an
extension to the 2007 Supplementary Understanding, which allowed the
ILO to continue to receive and investigate forced labor complaints. The
ILO received 328 cases of forced labor during the year, including cases
of forced child labor/soldiering (see Prohibition of Child Labor
below).
Also see the Department of State's Trafficking in Persons Report at
http://state.gov/j/tip.
c. 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. The legislation does not define what
constitutes ``light duties.'' Forced child labor is illegal under Order
1/99, which also prohibits recruitment of children into the military.
The military law also prohibits recruitment of children into the
military.
During the year the ILO received 236 complaints of cases of child-
soldier recruitment, an increase from 194 cases in 2010. Since the ILO
began monitoring underage recruitment in 2007, it has received 549
complaints. At year's end a total of 214 underage recruits had returned
to their families, and 205 cases were being processed for discharge. A
further 126 cases were under review, while two lacked sufficient
evidence to advance. Of these, one youth was killed in action in a
front-line location and one was rejected at the recruitment stage
because of his age.
UNICEF continued to work with the Ministry of Social Welfare to
facilitate interagency meetings and workshops on the protection of
children. They worked with the Ministry of Labor on child protection
laws, the minimum age, and light-work issues.
In practice the Child Law was not enforced. Child labor remained
prevalent and highly visible. In cities children work mostly in the
food-processing and light-manufacturing industries, as street vendors
or refuse collectors, and as restaurant and teashop attendants. In
rural areas children routinely worked in family agricultural
activities, often as the result of poverty.
Despite legal provisions outlining criminal penalties for those
guilty of recruiting child soldiers, the government army continued to
recruit and use children in military-related activities. Ethnic armed
groups and some cease-fire groups also allegedly recruited child
soldiers (see section 1.g.).
d. 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 50,000 kyat ($110) for what was in effect an
eight-hour workday. The rate for day laborers was 2,000 kyat ($4.44)
per day. Various subsidies and allowances supplemented this sum. The
national poverty income level was estimated at less than 1,000 kyat
($2.22) per day.
Low real wages in the public sector fostered widespread corruption
and absenteeism. In the private sector, urban laborers performing
unskilled work earned 2,000 to 2,500 kyat ($4.44 to $5.56) 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 50,000 to 100,000 kyat ($110 to $220) per month,
according to private sector employers.
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 one 24-hour rest period
per week, and workers are permitted 21 paid holidays per year; however,
in practice provisions related to wages and hours benefited only a
small portion of the labor force, since they were rarely enforced and
most workers were engaged in rural agriculture or the informal sector.
The Ministry of Labor oversees labor conditions in the private
sector. The laws were generally enforced in the government sector, but
there were frequent violations by private enterprises.
__________
CAMBODIA
executive summary
Cambodia is a constitutional monarchy with an elected parliamentary
form of government. In the most recent national elections, held in
2008, the Cambodian People's Party (CPP) 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 Prime Minister Hun Sen. Security forces
reported to civilian authorities.
A weak judiciary that sometimes failed to provide due process and a
fair trial procedure was a leading human rights problem. The courts
lacked human and financial resources and were subject to corruption and
political influence. Their ineffectiveness in adjudicating land
disputes that arose from the government's granting of economic land
concessions, including to ruling party officials, fueled disputes,
sometimes violent, in every province. The continued criminalization of
defamation and disinformation and a broad interpretation of criminal
incitement constrained freedom of expression.
Members of the security forces reportedly committed arbitrary
killings. Detainees were abused, often to extract confessions, and
prison conditions were harsh. Human rights monitors reported arbitrary
arrests and prolonged pretrial detention. The government at times
interfered with freedom of assembly. Corruption remained pervasive,
governmental human rights bodies reportedly were ineffective, and
discrimination and trafficking in women and children persisted.
Domestic violence and child abuse occurred, and education of children
was inadequate.
The government prosecuted officials who committed abuses, but
impunity for corruption and other abuses persisted.
Section 1. Respect for the Integrity of the Person, Including Freedom
from:
a. Arbitrary or Unlawful Deprivation of Life.--There were reports
that security forces committed arbitrary or unlawful killings.
For example, on March 8, police officers led by Kim Rith, then the
acting police chief of Samlot District in Battambang Province, shot and
killed Leng Rin during an arrest attempt. The provincial court ordered
the police to escort Leng to court for questioning about a murder. The
police claimed that Leng was shot while resisting arrest. A local NGO,
however, alleged that this was an unlawful killing and helped the
victim's family file a criminal complaint against the police officers.
At year's end the case was pending and no hearing date set. Kim Rith
remained free and on duty as the acting police chief.
In early February and late April, there were clashes and exchanges
of artillery fire reported between Cambodian and Thai security forces
in the area of the Preah Vihear temple/border dispute that resulted in
unconfirmed reports of at least one Thai civilian killed, thousands of
Cambodian and Thai villagers temporarily displaced, and civilian
property damaged.
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, and the number of incidents reportedly
increased from 2010.
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. As
of November NGOs reported that authorities tortured at least 129
prisoners, 124 in police custody and five in a prison. Kicking,
punching, and pistol whipping were the most common methods of physical
abuse reported, but electric shock, suffocation, caning, and whipping
with wires were also used. 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 March 24, two police officers in Preah Sihanouk Province
allegedly beat a suspect to compel him to confess to his involvement in
a street fight. The victim, who was seriously injured as a result,
filed a complaint with the provincial court. As of November the case
was pending with no set hearing date.
In June a provincial court, citing insufficient evidence, dropped
the case against a police officer in Thnoat Chum commune who in May
2010 allegedly beat and administered electric shocks to a person to
obtain his confession in a street fighting case. The alleged victim had
filed a complaint with the provincial court, which had charged the
police officer with physical assault.
As of October the NGO Cambodia Human Rights and Development
Organization (ADHOC) reported 108 cases of use of force against
civilians by local authorities, government agents, or private
bodyguards of government officials during the year, compared with 86
cases in 2010. In some instances police used force to counter the
threat of violence or acts of violence on the part of demonstrators. In
other instances police used force against peaceful demonstrators after
demonstrators interfered with traffic and refused orders to disperse.
There were 11 government-operated drug rehabilitation centers. Most
observers agreed that the majority of detainees in such facilities were
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
controlled detainees by tying them 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 follow-through on such statements.
Prison and Detention Center Conditions.--Prison conditions did not
meet international standards. Conditions remained harsh and at times
life threatening. Human rights organizations cited serious problems,
including overcrowding, medical and sanitation problems, food and water
shortages, malnutrition, and poor security. The Prison Department
reported 32 prisoners died while in custody as of September. Police
claimed that they investigated the deaths and found evidence of
preexisting conditions or other illnesses.
A local NGO maintained that allowances for prisoner food and other
necessities were inadequate. Observers continued to report that
allowances for purchasing prisoners' food sometimes were
misappropriated, exacerbating malnutrition and disease.
According to the Ministry of Interior Prison Department, as of
September there were 15,361 prisoners and detainees, including 1,240
women and 451 juveniles. There were 27 prisons in the country, which
were designed to hold up to 11,000 persons. There were reports at some
prisons that cells of 40-by-20 feet held up to 110 prisoners.
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 28 percent of
prisoners held in municipal and provincial prisons were pretrial
detainees as of September.
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 related 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. Although greater use of alternatives to
imprisonment would help reduce the detainee and convict population,
there was little progress in making use of alternatives. Bail was
underutilized, and the parole system authorized in the code of criminal
procedure had not been implemented by year's end. A local NGO
representative noted that the government lacked the requisite capacity
to implement such programs.
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 U.N. High Commissioner for Human
Rights (OHCHR), 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 requires that lawyers, human rights
monitors, and other visitors obtain permission prior to visiting
prisoners. Unlike in previous years, there were no instances of the
authorities refusing such permission. In some instances officials
permitted NGOs to interview prisoners in private. OHCHR 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.
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 with 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, often in support of civilian police
unable to exercise effective crowd control on their own.
NGOs maintained that police officials committed 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.
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 incommunicado 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.
Arbitrary Arrest.--ADHOC reported at least 68 cases of arrest or
detention that it considered arbitrary as of October but offered no
specific examples. ADHOC stated that victims in 25 arbitrary 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
higher because some victims in rural areas did not file complaints due
to difficulty in traveling to ADHOC'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 Ministry
of Social Affairs, Veterans, and Youth (MOSAVY)-operated rehabilitation
facility 15 miles from Phnom Penh. Detainees were told they were free
to leave but would not be provided transportation.
Pretrial Detention.--The criminal procedures code allows for
pretrial detention of up to six months for misdemeanors and 18 months
for felonies. One in every 17 detainees in pretrial detention was held
longer than the legal time limit, sometimes without legal
representation. As of September the Ministry of Interior reported
having 246 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.
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 68 persons as of September.
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.
NGOs reported that many cases were pending due to a shortage of
judges and courtrooms. NGOs also speculated that court officials
focused on cases from which they could gain financial benefits.
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.
NGOs asserted that in many criminal cases rich or powerful
defendants, including members of the security forces, paid money to
victims and authorities to drop criminal charges. 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.
The January 2010 death of Lon Chhun Leng was an example of judicial
ineffectiveness. A local human rights organization reported that Chil
Sarath and Sun Vantha, two police officers in Kandal Province, attacked
Lon after an argument at a wedding party. Lon subsequently died from
his injuries, and the victim's family filed a complaint with the
provincial court. At year's end no hearing date had been set, and the
two police officers remained free.
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 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
case; however, on occasion 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.
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.
Defendants are entitled by law to the presumption of innocence and
right of appeal, but due to pervasive corruption, defendants often were
expected to bribe judges to secure a favorable verdict. NGOs also
reported that 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. 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 were no developments regarding the 2004 murder of labor
leader Chea Vichea. Chea, who was the president of the Free Trade Union
of Workers of the Kingdom of Cambodia, was shot and killed in Phnom
Penh. Within a week, two suspects, Bom Samnang and Sok Sam Oeun, were
arrested by police and later sentenced to 20 years in prison for their
roles in the crime. However, the case was appealed to the Supreme
Court, which overturned the Appellate Court's decision and released Bom
and Sok on bail. The case was subsequently sent back to the Appellate
Court, where it was pending at year's end.
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. Unlike in previous years,
there were no reports of vigilante actions during the year.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The law provides for the privacy of residence and
correspondence and prohibits illegal searches; however, NGOs reported
that police routinely conducted searches and seizures without warrants.
Forced collectivization under the Khmer Rouge and the movement of
much of the population left land ownership 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 conflict and evictions precipitated by actions by the state
to develop contested land. Land speculation fueled 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.
Cases of inhabitants being forced to relocate continued; the number
of cases reported increased from 2010. Some persons also used the
threat of legal action or eviction to intimidate the poor and
vulnerable into exchanging their land for compensation below market
value. ADHOC reported receiving 220 land-related cases during the year.
During the same period, another NGO received 98 land related cases in
Phnom Penh and 13 provinces, affecting 11,377 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
have not yet concluded.
On April 29, approximately 100 military police officers confronted
a group of 2,000 villagers who blocked National Road 76 in Mondulkiri
Province's Keo Seima District to protest the clearing of their land by
CPP Senator Mong Rithy. The disputed land area of approximately 12,500
acres was part of an economic land concession in Srae Khtom commune
granted by the government in 2007 to the Rithy Kiri Siema company. At
that time surveyors entered the area and began partitioning the
villages for a proposed rubber plantation, and by 2009 the company sent
its first excavators into the area. Some villagers claimed that they
bought their land long enough ago to entitle them to land titles under
the 2001 Land Law and claimed they had documents that substantiated
their claims, but local authorities refused to grant them titles.
Neither the government nor the courts offered a venue in which
residents could contest the local authorities' decision or otherwise
pursue their claims. At year's end the government had not offered any
form of restitution or compensation to the villagers, but the local
authorities had established a committee to help resolve this issue.
On June 9, a clash between police and villagers in Kampong Speu
Province resulted in injuries on both sides. A local NGO reported that
400 villagers blocked Road 51 to prevent enforcement of a court order
to remove them from some contested land and attacked police with
stones, knives, machetes, and sticks. Police fired on the protesters
but fled after having failed to enforce the court order.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--Status of Freedom of Speech and
Press.--The constitution provides for freedom of speech and press;
however, these rights were not always respected in practice.
The 1995 press law prohibits prepublication censorship or
imprisonment for expressing opinions. However, the government used the
penal code to prosecute citizens on defamation, disinformation, and
incitement charges. The penal code does not prescribe imprisonment for
defamation but does 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.
Freedom of Speech.--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.
On January 25, the Kampong Chhnang Provincial Court convicted Sam
Chankea, an ADHOC staffer, for defamation due to comments he made
regarding a land dispute involving the KDC International Company. The
company alleged that Sam told Radio Free Asia that it was ``clearing''
the disputed land, whereas KDC contended that it was merely
``channeling'' around the area. The court ordered Sam to pay a fine of
one million riels ($244) and an additional three million riels ($731)
to the company as compensation. The company is reportedly owned by Chea
Kheng, the wife of the minister of industry, mining, and energy.
Freedom of Press.--All major political parties had reasonable and
regular access to print media. All major Khmer-language newspapers
received financial support from individuals closely associated with a
political party and were politically aligned. There were an estimated
20 Khmer-language newspapers published regularly. During the year there
were three pro-opposition newspapers publishing regularly, compared to
one in 2010. Another pro-opposition media outlet maintained a Web site,
but only sporadically published a newspaper. Although the five
newspapers with the largest circulations were considered pro-CPP, most
newspapers criticized the government, particularly with regard to
corruption and land acquisition. The prime minister, royalist party
leaders, and opposition party leaders frequently came under attack.
The government, military forces, and the ruling political party
continued to dominate the broadcast media and influence the content of
broadcasts. There were 10 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.
Censorship or Content Restrictions.--On August 4, the Ministry of
Interior suspended Samakum Theang Thnout (STT), a local NGO, for the
rest of the year, allegedly due to its advocacy work in land dispute
cases, but officially for STT's failure to meet administrative
requirements. The ministry accused STT of attempting to block an Asian
Development Bank-funded railway rehabilitation project by encouraging
displaced persons to file complaints. The ministry released a statement
on August 13 that accused STT of ``inciting villagers'' set to be
displaced by the railway project.
Leang Sochoeun appealed his August 2010 conviction and sentencing
to two years' imprisonment for distributing leaflets critical of the
relationship between the government and Vietnam, which the prosecutor
claimed was insulting to the government and to former king Norodom
Sihanouk. As of December no date to hear the appeal had been set.
There were no reports during the year that journalists, publishers,
or distributors were subject to harassment or intimidation, but
reporters and editors privately admitted to some self-censorship due to
fear of government reprisals.
Libel Laws/National Security.--Regarding the defamation suit filed
by Foreign Minister Hor Namhong against opposition leader Sam Rainsy,
on April 25, the Phnom Penh Municipal Court sentenced Sam Rainsy in
absentia to two years in prison for incitement and on charges that he
had defamed the foreign minister.
On June 2, the Supreme Court upheld the defamation verdicts of the
trial and appeals courts against opposition parliamentarian Mu Sochua
for comments she made in a press conference that allegedly defamed the
prime minister. The court ordered Mu to pay a fine of eight million
riels ($1,950) plus compensation to the prime minister of 8.5 million
riels ($2,070). 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 ($975) per month from Mu's salary. Mu sought restoration
of her immunity, but no action was taken to restore it.
Internet Freedom.--Typically, there were no government restrictions
on access to the Internet or credible reports that the government
monitored e-mail or Internet chat rooms. Individuals and groups could
engage in the expression of views via the Internet, including by e-
mail.
However, there were credible allegations that government actors
successfully pressured certain Internet service providers to block
access for a few days in February to a well-known Web site (KI-Media)
critical of the government. Access was quickly restored after public
outcry by media, NGOs, and government officials, and there were no
other such incidents during the year.
Academic Freedom and Cultural Events.--In general there were no
government restrictions on academic freedom or cultural events.
However, scholars tended to be careful when teaching politically
related subjects due to fear of offending politicians. In addition, the
government banned public screenings of a controversial film about the
2004 murder of Chea Vichea, a prominent labor leader (see section
1.e.).
b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The constitution provides for freedom of peaceful assembly,
but at times the government did not respect this right in practice.
The 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
designated peaceful protest venue in each province and limits such
gatherings to 200 persons. By law provincial or municipal governments
hold the authority to issue demonstration permits at their discretion.
In practice, particularly in Phnom Penh, lower-level government
officials deferred to the national government as 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 September 9, the Housing Rights Task Force (HRTF), a local NGO,
submitted an official request to the Municipality of Phnom Penh to
celebrate World Habitat Day at a public park. The HRTF planned to
invite an estimated 500 participants from various communities that were
embroiled in land disputes. The event was slated to feature a guest
speaker to talk about climate change and land issues and did not
involve mass marches on public roads. The municipality denied the
permit without explanation.
On April 21, approximately 100-200 protesters gathered in front of
Phnom Penh City Hall to demand a meeting with Phnom Penh Governor Kep
Chuktema and to address grievances over the Boeung Kak Lake land
concession. The demonstration spilled over, obstructing traffic on a
major thoroughfare. When the protesters failed to heed warnings to
disperse, police moved in to surround them. Equipped with riot shields
and batons, police stood shoulder to shoulder and walked forward,
attempting to corral the protesters and persuade them to depart.
Protesters fought back, pushing police officers, and the incident
degenerated into violence.
As of October ADHOC reported 41 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 it with
regard to worker rights (see section 7.a.).
In December 2010 the government released for public comment a draft
Law on Associations and Nongovernmental Organizations. International
and domestic NGOs expressed significant concerns about the proposed
law, which included language that imposed burdensome reporting
requirements on NGOs, prevented associations with fewer than 21 members
from attaining legal status, and erected barriers to the registration
of foreign NGOs. Foreign governments expressed concern that the
proposed law would greatly increase the government's regulation of both
civil society and foreign NGOs. Over the course of the year the
government modified the draft law in several ways, including to
establish a right of appeal of adverse registration decisions and
exclude smaller NGOs (known as community-based organizations) and
short-term international NGOs from coverage. The draft law remained
problematic for many civil society organizations. In December the prime
minister announced that government-civil society consultations on the
draft law would continue until consensus was reached; the draft law
remained with the Ministry of Interior for revision.
c. Freedom of Religion.--See the International Religious Freedom
Report at http://state.gov/j/drl/irf/rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The law provides for freedom of
movement within the country, foreign travel, emigration, and
repatriation, and the government generally respected these rights in
practice. The government cooperated with the Office of the U.N. High
Commissioner for Refugees (UNHCR) and other humanitarian organizations
in providing protection and assistance to internally displaced persons,
refugees, returning refugees, asylum seekers, stateless persons, and
other persons of concern.
Exile.--The constitution prohibits forced exile, and the government
did not employ it. Opposition leader Sam Rainsy was stripped of
parliamentary immunity in late 2009 and has been living in self-imposed
exile since before that time.
Protection of Refugees.--Access to Asylum.--The country's laws
provide for the granting of asylum or refugee status, and the
government has established a system for providing protection to
refugees. The system is in its infancy, and its limited capacity
resulted in long delays for some asylum seekers. The UNHCR continued to
provide training and other technical assistance.
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 Khmer 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 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.
Elections and Political Participation.--Recent Elections.--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.
Parties could register, and individuals were free to declare their
candidacy without restrictions.
Political Parties.--Some NGOs and political parties alleged that
membership in the dominant CPP party provided advantages, such as
gifts, access to government emergency aid, and economic land
concessions. There were no reports of members of the opposition parties
receiving similar economic land concessions.
Participation of Women and Minorities.--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 26
women in the 123-seat National Assembly and nine women in the 61-seat
Senate. There was a female deputy prime minister and 62 female
ministers, secretaries of state, undersecretaries of state, and
National Election Commission officials. Women also served as advisers,
and there were 51 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
(there are a number of deputy governors in each province). The National
Election Committee reported that women held 15 percent of commune
council seats and 13 percent of district and provincial council seats.
There were five members of minorities--four Cham and one Tampuan--
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.
The penal code defines various corrupt acts and specifies the
applicable penalties for such acts. The anticorruption law provides the
statutory basis for the National Council against Corruption and the
Anticorruption Unit (ACU) to receive and investigate corruption
complaints. Public servants are subject to financial disclosure
provisions.
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.
On January 12, Lieutenant General Moek Dara, one of the country's
senior counternarcotics officials, was arrested and put in pretrial
detention for corruption and drug-related offenses. As of December his
trial was pending at Banteay Meanchey Provincial Court, and he faced a
possible life sentence if convicted.
On May 12, former Pursat governor Top Chan Sereivuth was sentenced
to 19 years' imprisonment after being found guilty of corruption,
extortion, and false imprisonment. The verdict by the Pursat Provincial
Court marked the first high profile ruling to follow an arrest by the
recently created ACU. Top was arrested in November 2010, four months
after the anticorruption law was passed.
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 life 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 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.
Unlike in past years, there were no reports of public interest lawyers
being denied access to detained clients in some human rights abuse
cases, nor were there reports of attempts to intimidate NGO
representatives not to speak with the media about such cases.
U.N. and Other International Bodies.--The government generally
cooperated with international governmental bodies and permitted visits
by U.N. representatives. Surya Subedi, the U.N. special rapporteur on
human rights in Cambodia, made visits in January, June, and December,
during which Subedi met with the prime minister and other senior
government officials.
Government Human Rights Bodies.--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 U.N.
to try Khmer Rouge leaders and those most responsible for the abuses of
the Khmer Rouge period. 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 these comments inhibited the work of the court in
any way. On October 10, the ECCC's international coinvestigating judge
resigned. Although he cited as his reason for resigning concern that
public comments by government leaders could lead others to question his
ability to resist political interference, he did not allege actual
interference and at the time of his resignation faced intense criticism
from other international judges at the ECCC and NGOs for his conduct
while in office.
On June 27, the ECCC opened Case 002 against former Khmer Rouge
``brother number 2'' Nuon Chea, former minister of foreign affairs Ieng
Sary, former minister of social affairs Ieng Thirith, and former head
of state Khieu Samphan on charges of genocide, crimes against humanity,
and grave breaches of the Geneva Conventions. The court continued to
consider allegations against five other former Khmer Rouge officials,
but a decision on prosecution was not made in those cases. The court
also continued to consider an appeal from Kaing Guek Eav (alias Duch),
who was convicted in Case 001 in 2010.
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.--Rape and Violence.--The law criminalizes rape and assault;
nevertheless, local and international NGOs reported that violence
against women, including domestic violence and rape, was common. Rape
is punishable by a prison sentence of between five and 30 years.
Spousal rape is not specifically mentioned in the penal code but can be
prosecuted as ``rape,'' ``causing injury,'' or ``indecent assault.''
Under the domestic violence law, spousal rape may fall within the
definition of domestic violence that includes ``sexual aggression.''
Charges for spousal rape cases under the penal code and the domestic
violence law were rare. The domestic violence law criminalizes domestic
violence but does not specifically set out penalties. However, the
penal code can be used to penalize domestic violence offenses, with
penalties ranging from one to 15 years of imprisonment.
One NGO received 421 reports of rape as of October. Of these cases,
72 were tried by the courts, 39 mediated by the court or police, with
the remainder awaiting trial. For domestic violence there were 461
reported cases as of October; courts tried only 12 of these cases.
Another NGO documented 161 cases of domestic violence affecting 161
victims and 78 cases of rape affecting 79 victims in 13 provinces and
Phnom Penh by the end of October. Six cases of domestic violence and
two cases of rape resulted in the deaths of eight victims. As of June
the Ministry of Interior's Anti-Trafficking Department investigated 238
cases of violence against women and children, resulting in the arrests
of 239 perpetrators and the rescue of 249 victims. Of the 238 cases,
140 were for rape and attempted rape. The ministry reported that one
case of rape resulted in the death of the victim. 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.
On April 6, the Phnom Penh Municipal Court convicted and sentenced
two Phnom Penh Meanchey District police officers Uon Dara and Chan
Narith in absentia to seven years in prison for reportedly raping a 19-
year-old woman in November 2009.
The government supported NGOs that provided training for poor women
vulnerable to spousal abuse, prostitution, and trafficking. The
Ministry of Women's Affairs coordinated with an NGO and a local media
outlet to produce radio and television programming on women's issues.
Sexual Harassment.--The penal code criminalizes sexual harassment,
imposing penalties of six days' to three months' imprisonment and fines
of KHR100,000 to 500,000 ($24 to $122). There were no arrests or
prosecutions, however. The government undertook a public awareness
campaign specific to women promoting beer sales at entertainment
venues, who are reportedly vulnerable to harassment. There was no
information on the rate of incidence.
Reproductive Rights.--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 the Cambodia Demographic
Health Survey, the maternal mortality ratio in 2010 was 206 deaths per
100,000 live births. Major factors influencing high maternal mortality
rates in the country included the lack of proper health facilities,
medication, and skilled birth attendants.
Discrimination.--The constitution provides for equal rights for
women, equal pay for equal work, and equal status in marriage. 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 limited the ability of women to reach
senior positions in business and other areas. Women often were
concentrated in low-paying jobs and 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 U.N. Development
Program and in close collaboration with the Ministry of Women's
Affairs.
Children.--Birth Registration.--By law citizenship may be derived
by birth from a mother and father who are not ethnic Khmer if both
parents were born and living legally in Cambodia, or if either parent
has acquired Cambodian citizenship. Ethnic Khmer are considered
Cambodian citizens. The Ministry of Interior administered a modernized
birth registration system, but not all births were registered
immediately, due principally to parental 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.
Education.--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.--Child abuse was believed to be common, although
statistics were not available. Child rape remained a serious problem;
as of October a local NGO reported 304 cases of rape and attempted rape
committed against persons under age 18. Thirty-five of the cases
involved children below age five, 73 involved children ages five to 10,
and 196 involved children ages 10 to 18.
Sexual Exploitation.--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 21 foreign pedophiles as of November. Some children engaged in
prostitution for survival without third-party involvement. The
government also used the Law on the Suppression of Human Trafficking
and Sexual Exploitation to prosecute sex tourists victimizing children.
The Trafficking in Persons Law has a penalty for commercial sexual
exploitation of children that ranges from two to 15 years in prison.
The law also prohibits child pornography.
Displaced Children.--The government offered limited, inadequate
services to street children at a rehabilitation center. A domestic NGO
estimated that 1,200 to 1,500 street children in Phnom Penh had no
relationship with their families and an estimated 15,000 to 20,000
children worked on the streets but returned to families in the
evenings. An estimated 500 to 1,500 children lived with their families
on the streets in Phnom Penh.
Institutionalized Children.--The Ministry of Interior reported that
at least 109 children under the age of six reportedly were living with
their mothers in prison as of September. A local NGO reported 73 such
children in 19 prisons as of November 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.
International Child Abductions.--The country is not a party to the
1980 Hague Convention on the Civil Aspects of International Child
Abduction.
Anti-Semitism.--There was a small Jewish expatriate community in
Phnom Penh, and there were no reports of anti-Semitic acts.
Trafficking in Persons.--See the Department of State's Trafficking
in Persons Report at http://state.gov/j/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 MOSAVY 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 September one major television station 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. As of September the Council of Ministers
had approved four subdecrees to support the law.
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. Although the 2001 land law requires 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. As of September the NGO Indigenous Rights Active Members reported
that it had recorded 14 active land disputes involving minority groups.
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 seventh 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 by the general population, and there were few
support groups to which such cases could be 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. Freedom of Association and the Right to Collective Bargaining.--
The law permits private-sector workers to form and join trade unions of
their own choice without prior authorization. The law also provides for
the right to strike and bargain collectively. While unions may
affiliate freely, the law does not explicitly address their right to
affiliate internationally.
The law requires trade unions to file charters and lists of
officials with the Ministry of Labor and Vocational Training (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
a majority of workers in a given enterprise to represent all workers in
that establishment.
Civil servants, including teachers, judges, and military personnel,
as well as household workers do not have the right to form or join a
trade union. Personnel in the air and maritime transportation
industries are free to form unions but are not entitled to social
security and pension benefits and are exempt from the limitations on
work hours prescribed by law.
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 MOLVT. There is no law prohibiting
strikes by civil servants, workers in public sectors, or workers in
essential services. Legal protections are in place to guard workers
from reprisal.
Regulations on collective-bargaining rights establish procedures
mandating that unions demonstrate they represent workers for the
purposes of collective bargaining. These regulations grant collective-
bargaining rights to unions with most representative status and require
employers to negotiate if such a union proposes a collective-bargaining
agreement. These regulations also bind both parties to agree to an
orderly bargaining process and make considered and reasonable offers
and counteroffers, and require the employer to provide the union with
facilities and all information requested by the union that is relevant
to the bargaining process. The law also provides union leaders with
additional protection from dismissal.
Unresolved labor disputes may be brought to the Arbitration
Council, an independent state body that interprets labor regulations in
the case of collective disputes, such as when multiple employees are
dismissed. Parties may choose whether to consider decisions as binding.
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.
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 these rights
was sometimes hampered by close relationships among government
officials, employers, and union leaders. The government also did not
devote sufficient resources to enforcement, including trained,
experienced labor inspectors.
The government's enforcement of collective bargaining rights was
inconsistent. The MOLVT formally warned 401 companies of legal
violations, fined 17 companies, and sued five others in the first 11
months of the year. Although the MOLVT often decided in favor of
employees, it rarely used its legal authority to penalize employers who
defied its orders. Instead, the MOLVT sent 105 cases of unresolved
disputes to the Arbitration Council. 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. The
Arbitration Council received 155 cases from across the country, of
which approximately 67 percent were successfully resolved.
The majority of unions were affiliated with the ruling party;
others were independent. Union leaders from across the political
spectrum complained that the progovernment Khmer Youth Federation of
Trade Unions habitually threatened and harassed workers from other
unions.
Organization among public-sector workers faced significant
obstacles. The Cambodian Independent Teachers Association registered as
an ``association'' due to prohibitions on public-sector unions, and the
government frequently denied its requests for permission to march and
protest, although the union reported no direct government interference
in day-to-day activities. Some members feared that their affiliation
with the association could hamper chances of career advancement.
Another public sector association, the Cambodian Independent Civil
Servants Association, alleged that fears of harassment, discrimination,
or demotion deterred individuals from joining.
The government allowed most strikes held at factories but denied
worker requests to hold protest marches outside the factory area.
There were credible reports of antiunion harassment by employers,
including the dismissal of union leaders in garment factories and other
enterprises. Approximately 50 union leaders claimed they were dismissed
or suspended without cause during the year. In some factories the
management appeared to have established or supported promanagement
unions, or compromised union leaders by jeopardizing their employment.
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.
Potential remedies exist for such dismissals, although none were
particularly effective. The MOLVT may issue reinstatement orders, but
these often provoked management efforts to pressure workers into
resigning in exchange for a settlement.
b. 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 in the informal sector. Children from
impoverished families remained at risk as affluent households sometimes
utilized a humanitarian pretense to hire them as domestic workers, only
to abuse and exploit them. Government officials reported that verifying
working conditions and salaries of domestic workers remained difficult
due to the informal nature of their work.
Also see the Department of State's Trafficking in Persons Report at
http://state.gov/j/tip.
c. Prohibition of Child Labor and Minimum Age for Employment.--The
law establishes 15 years as the minimum age for employment and 18 years
as the minimum age for hazardous work. The law permits children between
12 and 15 to engage in ``light work'' that is not hazardous to their
health and does not affect school attendance. The law limits the
working hours of children ages 12 to 15 to no more than four hours on
school days and seven hours on nonschool days, and prohibits work
between 8:00 p.m. and 6:00 a.m. The government also bans employment of
children in sectors that pose major safety or health risks to minors.
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.
There were 12 labor inspectors in Phnom Penh and 27 at the municipal
and provincial levels dedicated to child-labor issues. These inspectors
were insufficient to enforce relevant legislation. The law stipulates a
fine of 31 to 60 times the prevailing monthly wage for defendants who
are convicted of violating the country's child-labor provisions.
On October 8, police from the Anti-Human Trafficking and Juvenile
Protection Department raided the T&P Company, a recruitment agency in
Kampong Chhnang Province. The company was found to have 35 underage
workers, and the operation resulted in the arrest of four individuals
who were sent to pretrial detention. On November 14, the Ministry of
Interior requested that the Ministry of Labor revoke the company's
license.
Child labor was widespread in agriculture, brick making, salt
production, shrimp processing, fishing, domestic service, and rubber
production. Child labor was also reported in the garment, footwear, and
hospitality sectors but to a much lesser extent. According to a 2006
study conducted by the World Bank and other sources, 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 nonlight economic activity were below the minimum age for
this type of work. According to the report, more than 250,000 children
ages 15 to 17 worked more than 43 hours per week or in hazardous
sectors. 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. A 2007 study of child
domestic workers found that they typically did not attend school,
worked long hours with no medical benefits, and received little or no
pay.
Also see the Department of Labor's Findings on the Worst Forms of
Child Labor at http://dol.gov/ilab/programs/ocft/tda.htm.
d. Acceptable Conditions of Work.--The law requires the MOLVT to
establish a garment-sector minimum wage based on recommendations from
the Labor Advisory Committee. At year's end the minimum monthly wage
was KHR244,000 (approximately $59). The law does not mandate a minimum
wage for any other sector. The World Bank defines the poverty level as
KHR5,000 ($1.22) per day.
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. The law prohibits excessive overtime, states that
all overtime must be voluntary, and also provides for paid annual
holidays.
The law states that the workplace should have health and safety
standards adequate to provide for workers' well-being. Penalties are
specified in the law, but there are no specific provisions to protect
workers who complain about unsafe or unhealthy conditions. Workers have
the right to remove themselves from situations that endangered health
or safety.
The government did not effectively enforce standards regarding
hours worked and overtime compensation. Workers reported that overtime
was often excessive and sometimes mandatory. 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 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 companies 404 warnings about labor law violations. The
agency's 107 labor inspectors conducted inspections, but endemic
corruption and insufficient penalties hindered efficacy.
Although workers had the right to remove themselves from dangerous
situations, those who did so sometimes risked loss of employment. In
practice 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. There were 12,204 cases of work-related injuries and 49
fatalities during the year.
On April 9 and 10, approximately 500 workers fainted at the Huey
Chuen shoe factory in Phnom Penh. The head of the Community Legal
Education Center's labor program said workers suspected that toxic
water or smells might have caused the fainting. Panic, poor nutrition,
and fumes also were suspected as reasons for the fainting. On April 11,
the president of the Free Trade Union of Workers called on the
government to conduct an investigation. The MOLVT held a three-day
workshop with industry representatives to discuss possible causes and
solutions. The MOLVT obligated social security funds to cover medical
care for the workers.
On December 5, the government launched the National Social
Protection Strategy (NSPS) for the Poor and Vulnerable, scheduled to
remain in effect until 2015. The NSPS envisions a ``sustainable,
affordable, and effective national social protection system'' with
programs designed to end chronic poverty, hunger, and unemployment. The
government committed to reducing the poverty rate from 25.8 percent in
2010 to 19.5 percent in 2015.
__________
PEOPLE'S REPUBLIC OF CHINA
(Including Tibet, Hong Kong, and Macau)
executive summary
The People's Republic of China (PRC) is an authoritarian state in
which the Chinese Communist Party (CCP) constitutionally is the
paramount authority. CCP 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.
Deterioration in key aspects of the country's human rights
situation continued. Repression and coercion, particularly against
organizations and individuals involved in rights advocacy and public
interest issues, were routine. Individuals and groups seen as
politically sensitive by the authorities continued to face tight
restrictions on their freedom to assemble, practice religion, and
travel. Efforts to silence political activists and public interest
lawyers were stepped up, and, increasingly, authorities 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 continued to face
harassment, disbarment of legal staff, and closure. The authorities
increased attempts to limit freedom of speech and to control the press,
the Internet, and Internet access. The authorities continued 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 visit of foreign officials, sensitive
anniversaries, and in response to Internet-based calls for ``Jasmine
Revolution'' protests.
As in previous years, citizens did not have the right to change
their government. Other 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 lawyers, 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 freedom 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 that 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 widespread.
The authorities prosecuted a number of abuses of power,
particularly with regard to corruption. However, the internal
disciplinary procedures of the CCP were opaque, and it was not clear
whether human rights and administrative abuses were consistently
punished.
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. In
many instances few or no details were available. No official statistics
on deaths in custody were available.
Although no official statistics regarding deaths in custody were
reported, some cases received media coverage. In June the media
reported that residents in Hubei Province protested outside a Lichuan
City government building after Ran Jianxin died in police custody. Ran,
a Lichuan councilman, was arrested May 26 on suspicion of having
accepted bribes and died June 4 while being interrogated. Relatives
said they found wounds and bruises on his body and believe he died an
unnatural death. Photos circulated on the Internet apparently showed
Ran's body covered in bruises.
In September villagers in Wukan, Guangdong Province, engaged in
demonstrations against local government officials to protest the sale
of village land. Officials asked the villagers to appoint
representatives to address the issue. After negotiations failed, the
authorities detained some representatives on December 11. On December
13, local government announced that one of the detained
representatives, Xue Jinbo, had died of cardiac arrest while in
custody. Xue's relatives, who saw his body, believed he had been
tortured and beaten to death. A local prosecutor denied the allegations
and told media that Xue had a history of asthma and heart disease.
Defendants in criminal proceedings were executed following
convictions that lacked due process and adequate channels for appeal.
On August 18, Li Lindong, a truck driver who ran over and killed an
ethnic Mongol herder on May 10 in Inner Mongolia's Xilinhot City, was
executed. Li's original trial, on June 9, lasted just six hours. The
death of the Mongol herder had sparked large-scale protests in Inner
Mongolia.
b. Disappearance.--At year's end authorities continued to hold
ethnic Mongolian activist Hada, his wife, and his son in detention
without trial or pressing formal charges. Hada had been released from
prison in December 2010, after serving a 15-year prison sentence on
espionage and separatism charges. Hada founded the Southern Mongolia
Democracy Alliance, which called for a referendum on the future of the
province of Inner Mongolia.
The whereabouts of prominent rights lawyer Gao Zhisheng, who had
represented Christians and Falun Gong practitioners, remained unknown
until December 16, when a Beijing court reimprisoned him for a period
of three years for alleged ``parole violations'' during the period of
his five-year suspended sentence. Gao had been forcibly disappeared
since August 2009, with the exception of a brief reappearance in
Beijing in spring 2010.
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 September the Duihua Foundation, an international
human rights NGO, estimated that fewer than 10 remained in prison,
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. In July 2010 rules went into effect that exclude evidence,
including confessions, obtained under torture in certain categories of
criminal cases. However, numerous former prisoners and detainees
reported that they were beaten with fists and water bottles, subjected
to electric shock, forced to sit on stools staring at the wall for
hours on end, deprived of sleep, and otherwise subjected to physical
and psychological abuse. Some of these abuses occurred during the year.
Although ordinary prisoners were subjects of abuse, political and
religious dissidents were singled out for particularly harsh treatment.
In some instances close relatives of dissidents were singled out for
abuse.
On September 13, Guo Feixiong (aka0 Yang Maodong) was released from
Guangdong Province's Meizhou Prison after five years in custody. Family
members and lawyers who had met with Guo during the five years reported
to the media that while in prison Guo was subjected to electric shocks,
beatings, and other torture.
On February 19, lawyer Jiang Tianyong was detained and severely
beaten for two nights. He was made to sit motionless for up to 15 hours
a day and interrogated repeatedly. He said he was also threatened and
humiliated. He said his interrogators told him: ``Here we can do things
in accordance to law. We can also not do things in accordance to law,
because we are allowed to do things not in accordance to law.'' Jiang
was released in April and never charged with a crime or formally
arrested.
In February the U.N. Committee Against Torture (UN CAT) reiterated
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. U.N.
CAT 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
Re-education Through Labor (RTL) 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 Ministry of Public Security (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 2010 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 human rights NGO, Hubei-based petitioner Zhao Kefeng
was detained in a psychiatric institution in Xiangfan City, Hubei
Province, following her seizure in Beijing on May 19 by officials from
the Beijing Liaison Office of the Hubei Province government.
On April 29, petitioner Hu Dongsheng of Hefei City, Anhui Province,
was seized and beaten while petitioning at the Ministry of Public
Security in Beijing and forcibly returned to Hefei. Upon his return to
Anhui, Hu was detained in an ankang psychiatric hospital. This was
reportedly the second occasion Hu had been detained in a psychiatric
institution for petitioning. Hu, a CCP member and former low-level CCP
branch secretary, had been petitioning grievances related to forced
demolition.
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, medicines, and warm clothing provided by relatives.
Some prominent dissidents were not allowed to receive such goods.
Prisoners often reported sleeping on the floor because there were no
beds or bedding. Adequate, timely medical care for prisoners remained a
serious problem, despite official assurances that prisoners have the
right to prompt medical treatment.
The 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 allegations that the organs of executed prisoners
were harvested for transplant purposes, Vice Minister of Health Huang
Jiefu in 2009 stated that inmates are not a proper source for human
organs and prisoners must give written consent for their organs to be
removed. Overseas and domestic media and advocacy groups continued to
report instances of organ harvesting, particularly from Falun Gong
practitioners and Uighurs.
Conditions in administrative detention facilities, such as RTL
camps, were similar to those in prisons. Beating deaths occurred in
administrative detention and RTL facilities. Detainees reported
beatings, sexual assaults, lack of proper food, and no access to
medical care.
Information on the prison population is not made public. According
to the China Daily, the Justice Ministry has 678 prisons and 1.65
million people serving sentences in them. The ministry also operated a
``community correction'' parole system in which 599,000 people received
community correction. 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 held 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 prison law, ``considerations shall be given to the special
habits and customs of prisoners of minority ethnic groups.'' Detention
Center Regulation Article 23 had similar requirements. 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. The law 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
provides that a prison ``shall set up medical, 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. While authorities
occasionally investigated credible allegations of inhumane conditions,
the results were not documented in a publicly accessible manner. There
are alternatives to incarceration for both violent and nonviolent
offenders.
The law requires the government to investigate and monitor prison
and detention center conditions, and an official from the Prosecutor's
Office is 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 and media groups. Authorities
did not allow the International Committee of the Red Cross (ICRC) to
have access to prisoners or perform authentic prison visits in the
country.
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. Throughout the year
human rights activists, journalists, unregistered religious leaders,
and former political prisoners and their family members continued to be
among those targeted for arbitrary detention or arrest. A draft
revision of the criminal procedure law contained a provision to
legalize extralegal detentions for cases involving state secrets, major
corruption, and terrorism.
Role of the Police and Security Apparatus.--The main domestic
security agencies include the Ministry of State Security, MPS, and
People's Armed Police. The People's Liberation Army is primarily
responsible for external security but also has 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 custody.
On July 24, three unidentified individuals beat democracy rights
activist Luo Yongquan while he was at work in Nanxiong City, Guangdong
Province. Luo, a poet, Charter '08 democracy manifesto signatory, and
member of the banned CDP, was released in May after two years in RTL
for publishing poems critical of the CCP and the government. Police
reportedly came to the scene of his beating but did not pursue the
case.
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. Pretrial detention periods of a year or longer were
common. 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, or 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 (also translated
as ``a guarantor pending trial'') 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 2010 Shanxi provincial government
report, the Shanxi Province 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
stated that petitioners suspected of ``misrepresenting facts to frame
others'' could be subject to criminal charges.
Online reports claimed Guangdong provincial authorities rewarded
local officials for active engagement in intercepting petitioners.
On March 5, Guangdong agents forcibly returned to their home
province a Shaoguan City couple who had gone to Beijing to petition
over a land requisition issue involving alleged official corruption.
The couple had been petitioning the case at both the local and national
level since 2006. Although the husband was released 54 days later after
suffering a heart attack, his wife remained illegally detained in a
black jail, and the local public security bureau and procuratorate
refused to respond to requests by the husband to look into his wife's
situation. The wife was finally released on August 27. Upon her
release, authorities reportedly did not return her household
registration documents and identification card, and officials from the
justice bureau threatened her, warned her not to leave her home, and
instructed her and her husband to stop petitioning.
According to an NGO report, authorities returned two Nanning City,
Guangxi, petitioners to their home September 7 after they were held in
a black jail in Beijing. The two petitioners were initially seized by
police on August 30 and then detained in Jiujingzhuang black jail
before Nanning agents took them to another black jail, reportedly in
the Daxing district of Beijing. While there, they allegedly were kept
in uncomfortable and unsanitary conditions, prompting one to initiate a
hunger strike.
The law permits administrative, 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 law
establishes a system of ``compulsory isolation for drug
rehabilitation.'' The minimum stay in such centers is two years, and
the law states that treatment can include labor. Public security organs
authorize detention in these centers, and it often was meted out as an
administrative rather than criminal measure. Administrative detention
was used to intimidate political activists and prevent public
demonstrations.
Arbitrary Arrest.--On April 3, artist Ai Weiwei was detained at the
Beijing Capital International Airport while going through customs to
board a flight abroad. He was then held for 81 days at an unknown
location allegedly for economic crimes including tax evasion. Ai was
released on bail on June 22. Ai said he was repeatedly interrogated
about his alleged involvement in calls for Jasmine Revolution protests.
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--including what constitutes
a state secret--remained ill defined. Citizens and foreigners also were
detained under broad and ambiguous state secrets laws for, among other
actions, disclosing information on criminal trials, meetings,
commercial activity, and government activity. Authorities sometimes
retroactively labeled a particular action as a violation of a state
secret.
In February, responding to anonymous online calls for Jasmine
Revolution protests in China, authorities arrested dozens of lawyers,
human rights activists, and political dissidents without notice. NGOs
estimated that since late February approximately 50 human rights
activists and lawyers were formally arrested or placed under extralegal
detention, up to 200 people were placed under house arrest, and 15 were
charged with ``inciting subversion of state power.''
In late February and early March, in connection with the online
calls for Jasmine Revolution gatherings, Guangzhou police reportedly
detained dozens of citizens, many of whom were held without
notification of family members or formal charges, according to
widespread foreign press and international NGO reporting. Many were
held for up to 120 days. Several prominent Guangzhou-based activists
were detained on suspicion of ``inciting subversion of state power.''
In July press reports indicated bishops in four Guangdong cities--
Jiangmen, Meizhou, Zhanjiang, and Guangzhou--were taken into police
custody and coerced to participate in the July 14 ordination ceremony
of Bishop Huang Bingzhang in Shantou.
Police surveillance, harassment, and detentions of activists
increased around politically sensitive events. 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 Guangzhou Asia Games and
the Shenzhen Universiade games, the annual plenary sessions of the
National People's Congress (NPC) and the Chinese People's Political
Consultative Conference (CPPCC), and the anniversary of the Tiananmen
massacre. The anniversary of the October 2010 awarding of the Nobel
Peace Prize to Liu Xiaobo triggered similar security responses.
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. 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.
In April petitioner Wang Rongwen, of Chengdu, Sichuan Province, was
released after being illegally detained for a month and a half without
charges or legal documentation related to her detention. On August 21,
Chengdu authorities detained more than 20 petitioners to prevent them
from seeking an audience with a visiting high-level foreign dignitary.
Two were detained for 12 and 15 days, respectively; the rest were put
under house arrest.
Beginning September 2, several members of the Guizhou Human Rights
Forum, including Chen Xi, Liao Shuangyuan, Wu Yuqin, Lu Yongxiang, Li
Renke, Huang Yanming, Mo Jiangang, and Tian Zuxiang, were forced to
leave their homes and held in various hostels for three weeks prior to
the Ninth National Traditional Games of Ethnic Minorities, held in
Guizhou September 10-18.
In July police in Fujian Province threatened a number of activists
seeking to testify at the August trial of Wang Lihong on charges of
``creating a disturbance'' in connection with her participation in a
2010 peaceful protest in Fuzhou City in support of three Internet
activists convicted of slander for online accusations regarding a local
official's involvement in a murder. Fujian activists who traveled to
Beijing in August to attend the trial were forcibly detained and
returned to Fujian by provincial officials based in Beijing.
On May 31, police took dissident Zhang Jiankang from his home in
Xi'an, Shaanxi Province, for a ``trip.'' On June 2, Chengdu artist Chen
Yunfei was put under house arrest. Li Renke of Guiyang was taken by
police to ``go on a trip'' out of town. Writer Dang Guan of Anhui was
stopped by police while on his way to Guangzhou and brought back. On
June 1, security forces warned democracy activist and journalist Zha
Jianguo not to write articles or conduct media interviews around the
June 4 Tiananmen massacre anniversary.
In September 2010 blind human rights lawyer Chen Guangcheng was
released after completing a prison sentence of three years and four
months on charges of ``disrupting traffic.'' After his release, Chen,
his wife, his six-year-old daughter, and his mother remained under
house arrest and were prevented from communicating with others. Chen
was not allowed to seek medical attention for a gastrointestinal
condition he developed in prison. On February 9, Chen and his wife
reportedly were severely beaten after a human rights group released a
video of Chen and his wife in their home, describing the intense police
surveillance. They reportedly were again subjected to severe beatings
in July. His daughter was for a time unable to attend school because no
adult was permitted to leave the house to enroll her. Subsequently she
was permitted to enroll and reportedly was being escorted to and from
school by a security guard. A number of Chinese activists, friends and
supporters, and foreign and domestic journalists who attempted to visit
Chen reported being assaulted, detained, forcibly removed, or otherwise
abused and prevented from freely accessing his village or seeing him.
At year's end Chen remained under house arrest with no access to
medical care. Some supporters reported successful delivery of medicine
to Chen.
After the announcement of the award of the 2010 Nobel Peace Prize
to imprisoned writer Liu Xiaobo, his wife, Liu Xia, was placed under
extrajudicial house arrest and had not been seen in public since
October 2010. Attempts to visit Liu Xia were blocked by security
authorities stationed outside her home. In August the U.N. Working
Group on Arbitrary Detention formally declared the imprisonment of Liu
Xiaobo and the house arrest of his wife, Liu Xia, to be in violation of
the country's obligations under international law.
Pretrial Detention.--Pretrial detention can last as long as one
year. Defendants in ``sensitive cases'' reported being subjected to
prolonged pretrial detention.
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
interpreted President Hu Jintao's doctrine of the ``Three Supremes'' as
stating that the interests of the CCP 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.
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 statistics released on the Supreme People's Court
(SPC) official Web site, in 2010 the combined conviction rate for
first- and second-instance criminal trials was 99.9 percent. Of
1,007,419 criminal defendants tried in 2010, 999 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, 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 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 secrets'' cases or otherwise closed to the public. Foreign
diplomats requested but were denied permission to attend the September
trial and October appeal of Internet freedom advocate Wang Lihong on
charges of illegally possessing state secrets. Wang was sentenced in
September to nine months' imprisonment. The Beijing Intermediate Court
denied her appeal on October 20. On December 20, Wang was released
after completing her sentence, to include time served in pretrial
detention.
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
initial detention and interrogation, although police frequently
violated this right. Individuals who face administrative detention do
not have the right to seek legal counsel. Both criminal and
administrative defendants were eligible for legal assistance, although
more than 70 percent of criminal defendants went to trial without a
lawyer. According to statistics released by Ministry of Justice, the
number of legal-aid cases in 2010 totaled 726,763, a slight increase
from the previous year.
Human rights lawyers reported that they were denied the ability to
defend certain clients or threatened with punishment if they chose to
do so. An international NGO reported that the government had suspended
or revoked lawyers' licenses to stop them from taking sensitive cases,
such as defending prodemocracy dissidents, members of banned religious
movements, or government critics.
The government continued to require law firms with three or more
CCP members to form a CCP unit within the firm. Firms with one or two
CCP members may establish joint CCP units with other firms. In smaller
counties and cities with few lawyers, CCP members may join local
Justice Bureau CCP units. This rule also applies to private companies
and other organizations.
Some lawyers declined to represent defendants in politically
sensitive cases, and such defendants frequently found it difficult to
find an attorney. Three days after a July 23 train crash, law firms in
Wenzhou received an urgent message in the names of the Wenzhou Judicial
Bureau and the Wenzhou Lawyers Association ordering lawyers not to take
cases representing family members of the crash victims. Lawyers were
told to inform the Wenzhou Judicial Bureau and the Wenzhou Lawyers
Association of any contact with victims who sought legal assistance.
After the order was leaked to the press and social media sites, a
popular uproar forced the organizations to rescind the order.
Similarly, certain Beijing-based rights lawyers were told they could
not represent Tibetan defendants. 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
and to clients.
On June 14, police in Beihai City, Guangxi Region, detained four
defense lawyers on suspicion of ``obstructing testimony'' in connection
with their defense of individuals accused in a beating death. On June
29, the local procuratorate approved the arrest of one of the four,
Yang Zaixin. Police subsequently denied a number of other lawyers the
right to represent the four lawyers, now defendants themselves. In one
instance plainclothes police officers forcibly removed a defense lawyer
from the detention center's attorney visitation room.
On August 2, according to online reports, the Beihai City
Intermediate People's Court in Guangxi did not notify the lawyer of Xu
Kun, the village chief of Baihutou, Beihai City, prior to upholding
Xu's conviction on the charge of ``operating an illegal business.'' The
conviction, for which Xu was sentenced to four years in prison and
fined 200,000 RMB (approximately $31,450), allegedly related to Xu's
efforts to lead fellow villagers in resisting land expropriation in
Baihutou. Neither Xu's wife nor his lawyer was present in court when
the verdict was delivered. Since he began his advocacy against land
expropriation in 2008, Xu had been subjected to government pressure,
expulsion from the CCP, and surveillance and monitoring.
On August 18, police in Harbin City, Heilongjiang Province, seized
rights lawyer Wu Zhenqi, who had come to Harbin from Guangzhou City to
assist with the case of Yu Yunfeng, a petitioner sentenced to two years
of RTL in late July. On August 18, after Wu had interviewed Li Erping,
a Harbin Internet activist, in connection with the case, seven or eight
officers from the Northeast Forestry University Security Division took
Wu and Li in for questioning. Li was released that afternoon, but Wu
continued to be held. Wu was later released but was prevented from
providing legal assistance to his clients.
On November 4, Chen Ruiwu, Shang Zhihong, and Yang Hongyi were
released from prison in Langfang City, Hebei Province, almost two years
after the Hebei High Court overturned their death sentence on appeal.
The Langfang Intermediate Court had withheld the appeal decision for
two years and kept the prisoners on death row before finally releasing
them. Originally arrested in 2001, based on weak evidence and despite
possessing a strong alibi, the three defendants were sentenced to death
in 2002, based on confessions obtained through torture and forensic
evidence that the prosecution had lost and not produced in court. The
Hebei High Court twice ordered retrials, in 2003 and 2006, on
evidentiary grounds. Both times, the Langfang Intermediate Court held
the retrials based on the same missing forensics evidence and reworded
witness testimony.
The annual licensing review process administered by the Beijing
Lawyers Association was used to withhold or delay the approval of
professional lawyers licenses, and therefore restricted or hindered the
ability to practice law, of a number of human rights and public
interest lawyers. In late July the license for rights lawyer Liu
Xiaoyuan was renewed after a lengthy delay, but the association did not
issue a license for his firm, Qi Jian Law. At year's end Qi Jian Law
Firm still had not received its license. Official pressure on its
landlords forced Qi Jian Law Firm to move offices.
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
fewer than 10 percent of subpoenaed witnesses appeared in court.
Proposed amendments to the criminal procedure law expected to pass the
NPC in March 2012 contain a provision to compel witnesses to appear 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.
On August 15, Beijing Xicheng District People's Court sentenced
Yang Yukui, a farmer from Tieli Town, Heilongjiang Province, to five
months' imprisonment for ``creating a disturbance.'' The case stemmed
from Yang's efforts to seek accountability and treatment for his son,
who Yang believed was made ill by faulty vaccinations given by a Tieli
hospital on the day he was born. On July 27, officers from the Xicheng
District Public Security Bureau took Yang into custody after he went to
Beijing Children's Hospital to obtain medical care for his son. After
an argument broke out between Yang and the doctors, police took him
away under the pretext of mediating the situation but then arrested
him. At trial, requests from Yang and his attorney to view hospital
surveillance video that could have proven his actions had not
constituted a crime were ignored.
At year's end the criminal code contained 55 capital offenses,
including nonviolent financial crimes such as embezzlement and
corruption. In February amendments to the capital-punishment law
removed 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 exempt from the
death penalty unless the defendant caused death in an ``extremely cruel
manner.'' There was no government information on how many defendants
were either sentenced to the death or executed during the year.
SPC spokesman Ni Shouming stated that, since reassuming death
penalty reviews in 2007, 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.
No official statistics are available on the number of executions
carried out annually. An international human rights NGO estimated that
approximately 4,500 persons were executed in 2010.
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 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.
In July 2010 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. On March 25, he was sentenced to
10 years in prison for inciting ``subversion of state power.'' Formally
detained in June 2010, Liu was charged for articles he wrote and posted
on overseas Web sites, as well as for involvement with a Beijing
seminar regarding three Fujian persons imprisoned for Internet
postings. Liu was reportedly denied access to his lawyers during his
detention.
Chengdu dissident writer Ran Yunfei, detained February 19 on
suspicion of ``subversion,'' was held without charges for nearly six
months until being released into residential surveillance, a form of
house arrest. Although he was not charged, his freedom of speech and
association remained restricted.
Many political prisoners remained in prison or under other forms of
detention at year's end, including rights activist Wang Bingzhang; Alim
and Ablikim Abdureyim, sons of Uighur activist Rebiya Kadeer;
journalist Shi Tao; democratic reform advocate Wang Xiaoning; former
Tiananmen Square student leader Zhou Yongjun; land rights activist Yang
Chunlin; labor activists Hu Mingjun, Huang Xiangwei, Kong Youping, Ning
Xianhua, Li Jianfeng, Li Xintao, Lin Shun'an, Li Wangyang, and She
Wanbao; Sichuan rights activist Liu Xiaoyuan; Catholic bishop Su
Zhimin; Christian activist Zhang Rongliang; Uighur activist Dilkex
Tilivaldi; and Tibetan Tenzin Deleg.
In September 2010 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, daughter, and mother
(see section 1.d.).
Nobel Peace Prize laureate Liu Xiaobo, coauthor of the Charter '08
manifesto that called for increased political freedoms and human rights
in China, was found guilty of the crime of ``inciting subversion of
state power'' in a 2009 trial that included serious due process
violations. The Beijing High People's Court denied Liu's appeal in
February 2010, and he remained in prison at year's end.
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, association,
publication, and voting. Former prisoners reported their ability to
find employment, travel, obtain residence permits, rent residences, and
access social services severely restricted. Former political prisoners
and their families frequently were subjected to police surveillance,
telephone wiretaps, searches, and other forms of harassment or threats.
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 2010
the NPC Standing Committee amended the law to allow 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.
Families of deceased victims of the July 23 Wenzhou train crash
were pressured to quickly accept a settlement payment of 900,000 RMB
(approximately $141,500) and forfeit the right to seek further civil
damages from the Ministry of Railways. Some family members reported
that officials threatened to withhold the bodies of the deceased unless
they accepted the offer.
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. Proposed
amendments to the criminal procedure law expected to pass the NPC in
March 2012 provide for the admissibility of electronic evidence.
Authorities monitored telephone conversations, fax transmissions,
e-mail, text messaging, and Internet communications. Authorities 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
throughout the country not to meet with foreign journalists or
diplomats, especially before sensitive anniversaries, at the time of
important government or CCP meetings, and during the visits of high-
level foreign officials. Security personnel 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.).
In February and March, family members of, and social organizations
associated with, activists detained in connection with the Jasmine
Revolution crackdown faced pressure from Guangzhou security officials,
according to press reports. Some wives of jailed activists were placed
under residential surveillance and detention, while police told social
groups that their continued affiliation with the activists would cause
them problems.
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' collusion 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. The
redevelopment in traditional Uighur neighborhoods in cities throughout
the XUAR, such as the Old City area in Kashgar, resulted in the
destruction of historically or culturally sensitive areas. Some
residents voiced opposition to the lack of proper compensation provided
by the government and coercive measures used to obtain their agreement
to redevelopment.
In preparation for the 2011 Universiade Games in Shenzhen, city
officials evicted 80,000 people without proper identification and those
``acting suspiciously'' or considered a threat to security.
International NGOs reported that officials also forcibly removed out-
of-town legal activists from the city.
For information on the government's family planning policies and
their consequences see section 6, Women.
Some media sources continue to report child abductions by child-
trafficking gangs. In July the Associated Press reported that
authorities rescued 89 trafficked children, ages 10 days to four years,
and that 369 suspects were arrested by the Ministry of Public Security.
The investigation reportedly involved up to 2,600 officers in 14
provinces. In 2010 there were multiple reports of child traffickers
being executed. While harsh penalties exist for traffickers, it was not
clear that buying children is illegal, as the law does not clearly
define the circumstances in which a buyer should be punished. A July
Associated Press article reported that Liu Anchang, a Ministry of
Public Security official, said that buyers who have not abused the
children cannot be held criminally liable. If the parents of trafficked
children cannot be found, the children are placed into orphanages (see
section 6, Children).
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--Status of Freedom of Speech and
Press.--The law provides for freedom of speech and press, although the
authorities generally did not respect these rights in practice. The
authorities continued to control print, broadcast, and electronic media
tightly and used them to propagate government views and CCP ideology.
During the year the authorities increased censorship and manipulation
of the press and the Internet during sensitive anniversaries.
Freedom of Speech.--With significant exceptions, including speech
that challenged the government or the CCP, political topics could be
discussed privately and in small groups without official punishment.
Some independent think tanks, study groups, or seminars reported
pressure to cancel some sessions on sensitive topics during the year.
Those who made politically sensitive comments in public speeches,
academic discussions, and comments to the media remained subject to
punitive measures.
The government also frequently monitored gatherings of
intellectuals, scholars, and dissidents where political or sensitive
issues were discussed. Individuals who expressed 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.
On February 20, Liang Haiyi, also known as Miaoxiao, made a speech
in front of the Harbin Municipal Building calling for freedom,
democracy, and equality. She was detained by the local police and put
into custody in the Harbin No.2 Detention Center for ``inciting
subversion of state power.'' Her case was reportedly transferred to the
court for prosecution on August 19. At year's end no information was
available on Liang's welfare and whereabouts.
Freedom of the Press.--All books and magazines require state-issued
publication numbers, which were expensive and often difficult to
obtain. Nearly all print media, broadcast media, and book publishers
were affiliated with the CCP or a government agency. There were a small
number of print publications with some private ownership interest but
no privately owned television or radio stations. The CCP directed the
domestic media to refrain from reporting on certain subjects, and all
broadcast programming required government approval. On July 29, after
the high-profile, July 23 high-speed rail crash in Wenzhou, the CCP
issued an urgent directive ordering all publications to stop planned
coverage of the train crash after one week of intense coverage of the
issue in traditional and social media. Many publications adhered to the
tighter controls by publishing blank spaces in place of the censored
articles to protest the gag order on the eve of an important day of
mourning in Chinese culture.
Violence and Harassment.--Restrictions on foreign journalists by
central and local CCP propaganda departments remained strict,
especially during sensitive times and anniversaries. Foreign press
outlets reported that local employees of foreign news agencies were
also subject to official harassment and intimidation.
On February 27, at least six foreign journalists were beaten by
plainclothes security officers in Beijing while covering anticipated
gatherings and a related security crackdown in the busy commercial
district of Wangfujing in downtown Beijing. Plainclothes officers
dragged other reporters and photographers into alleys or shops and
erased images from their cameras. Later, security officials made
nighttime visits to a few Western journalists in their apartments,
warning them to behave cooperatively or risk losing their work permits.
According to the Foreign Correspondents Club, one of five foreign
respondents surveyed experienced visa threats or visa delays. Some
reporters were explicitly told that issuance of their visa was related
to the content of their reporting. Among the correspondents surveyed,
70 percent experienced interference or harassment during the year; 40
percent said their sources were harassed, detained, or called in for
questioning for interacting with foreign journalists; and 33 percent
said their Chinese assistants encountered pressure from officials or
experienced harassment.
The government limited attendance at official government press
briefings to domestic media; foreign media and diplomats were only
allowed to attend briefings conducted by the Ministry of Foreign
Affairs and a handful of press briefings held around special events.
Authorities continued to enforce tight restrictions on citizens
employed by foreign news organizations. The code of conduct for Chinese
employees of foreign media organizations threatens dismissal and loss
of accreditation for Chinese employees who engaged in ``independent
reporting'' and instructed them to provide their employers 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 forced newspapers to
fire editors and journalists responsible for articles deemed
inconsistent with official policy and suspended or closed publications.
The system of post-publication review by propaganda officials
encouraged self-censorship by editors seeking 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 Chen Zhong, President of the Southern Window, a well-
known political magazine under the Guangzhou Daily Group, was fired
because he was held responsible for the publishing of an August 4
article titled ``Narrow Nationalism and Foreign Policies,'' according
to online reports. The article's discussion of the effort by Sun Yat
Sen, leader of the 1911 revolution against the Qing dynasty, to win
Japanese support by sacrificing the national interest was deemed
controversial by authorities.
Journalists who remained in prison included Lu Gengsong, Lu
Jianhua, and Shi Tao. Uighur webmasters Dilshat Perhat, Nureli Azat,
and Nijat Azat continued to serve sentences for ``endangering state
security.'' Uighur journalist Memetjan Abdulla was sentenced to life in
prison in April 2010 reportedly for transmitting ``subversive''
information related to the July 2009 riots. During the year journalists
working in traditional and new media sources were also imprisoned. The
Committee to Protect Journalists (CPJ) December Prison Census reported
that of 27 known journalists imprisoned in the country, 10 were Tibetan
and six were Uighur. The CPJ documented one new imprisonment case
during the year.
Censorship or Content Restrictions.--Authorities continued to
confiscate ``unauthorized publications.'' A summary of ``anti-
pornography, anti-counterfeit'' work for the year cited the following
nationwide totals for the period of January to November: total number
of various sorts of illegal publications confiscated-- 46,167,000;
total number of ``illegal periodicals'' confiscated--4,189,000; total
number of ``pornographic publications'' confiscated--1,163,000; total
number of copyright-violating publications confiscated--39,158,000
(this number includes pirated audiovisual products (31,540,000),
``pirated books'' (6,630,000), and pirated electronic publications
(9,880,000)).
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 2009 riots, 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.
Officials continued to censor, ban, and sanction reporting on
labor, health, environmental crises, and industrial accidents.
Following the July 23 train crash in Wenzhou, Zhejiang Province,
propaganda authorities issued instructions to keep the coverage upbeat
and focused on the salvage and recovery efforts. Responding to massive
public outrage at the incident, many domestic media outlets ignored the
instructions and provided heavy coverage of the crash, its causes, and
the authorities' poor handling of survivors and victims.
On August 8, Typhoon Muifa struck Bohai Bay and breached a sea wall
1,500 feet from the Fujia Dahua Chemical Plant near Dalian.
Subsequently, when CCTV journalists went to the scene to conduct an
interview, they were blocked and beaten by the factory's guards. Later,
CCTV's news program was prevented from broadcasting about the dangers
of paraxylene (PX) produced in the plant. Authorities also censored
information about local protests against the chemical project.
``Dalian,'' ``PX,'' and ``Dalian Protests'' were censored as online
search terms. There were also multiple reports of cellular and smart
phone outages.
Widespread attention in the press to the May-June migrant worker
riots in Chaozhou City and Zengcheng City, both in Guangdong Province,
prompted the government to pressure domestic media not to report on
migrant-related social unrest or other friction between migrant and
local communities.
Authorities continued to ban books with content they deemed
controversial. The law permits only government-approved publishing
houses to print books. The State Press and Publications Administration
(PPA) controlled all licenses to publish. 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, postpublication sanctions.
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.
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 the 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 Tiananmen massacre. Individual issues of
foreign newspapers and magazines were occasionally banned when they
contained articles deemed too sensitive.
Politically sensitive coverage in Chinese, and to a lesser extent
in English, was censored more than coverage in other languages. The
government prohibited some foreign and domestic films deemed too
sensitive.
Internet Freedom.--In June 2010 the Information Office of the State
Council released its first White Paper on the Internet outlining 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 CCP underscored the importance of maintaining security and
promoting core socialist values on the Internet in its official
decision adopted at the Sixth Plenum of the 17th CCP Congress in
October. Entitled the ``Decision of the CCP Central Committee on
Certain Major Issues on Deepening Cultural System Reform and Promoting
the Great Development and Great Prosperity of Socialist Culture,'' this
document called for developing a ``healthy and uplifting network
culture'' that will entail measures such as ``step(ping) up guidance
and management over social networks and instant messaging tools,
standardiz(ing) the transmission order of information on the Internet,
and foster(ing) a civilized and rational network 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, cell phone 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 cell phone 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.
Official monitoring focused on such tools as social networking, micro-
blogging, and video-sharing sites. 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.
In July central government authorities ordered all public spaces
offering free wireless Internet access to install costly software that
would enable police to identify users of the service. Beijing cafe and
restaurant owners were told they would face a fine of 20,000 RMB
(approximately $3,200) if they continued to offer wireless Internet
access without installing the software. By October the Beijing
municipal government launched a free wireless Internet service that
required registration with a user's cell phone number, linked to a
user's real identity information. The government's free wireless
Internet service also denied access to commercial virtual private
network (VPN) services.
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.
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, NGOs, 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.
Millions of citizens hadTwitter-like microblogs that circulated some
news banned in the national media. The microblogs themselves were
censored but often hours or days after the posting had been seen by
many people.
Public relations consultant Chen Hong established a Web site that
let people post anonymous tips on official bribery, which proved wildly
popular and short lived. Chen's Web site drew 200,000 unique visitors
in two weeks. Its anonymous posts discussed bribery at many levels
including officials who demanded luxury cars and villas to police
officers who needed inducements not to issue traffic tickets. Some
posts identified doctors receiving cash under the table to ensure safe
surgical procedures. Mainstream media spread word about the site,
amplifying the outrage among Internet users. Government authorities
subsequently pressured the owner to shut down the site.
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
through the use of various technologies. Information on proxy servers
outside China and software for defeating official censorship was
readily available inside the country. However, the government
increasingly blocked access to the Web sites and proxy servers of
commercial VPN providers. 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 sometimes blocked or
closed during the year.
There were numerous press reports on purported cyber attacks
against foreign Web sites that carried information offensive to the
government.
Authorities continued to jail numerous Internet writers for
peaceful expression of political views. On February 26, police in Yunxi
County, Hubei Province, 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 money in the name of engineering
projects.
On March 5, public security officials in Hangzhou, Zhejiang
Province, detained democracy activist Zhu Yufu for ``inciting
subversion of state power'' in connection with the Internet-based
Jasmine Revolution protest calls. Zhu had posted a poem entitled ``It's
Time'' that included a call for people to ``come into the public
square.'' He was formally arrested on April 11. Zhu previously served
seven years for ``subversion of state power'' following the 1998
crackdown on the CDP that he helped found. He was also imprisoned
between 2007 and 2009.
In April Wei Qiang, a former art student, was sentenced to two
years of RTL for posting pictures of a Jasmine Revolution gathering on
his Twitter account.
In October 2010 the revised State Secrets Law came into effect. An
article published on Xinhua Net stressed 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 that fail to comply with the revised law are
subject to punishment by the relevant departments such as the police
and the Ministry of State Security.
In November 2010 Cheng Jianping (Internet name: Wang Yi) was
sentenced to a year in RTL for ``retweeting'' a message related to a
dispute between China and Japan. Her purported crime was ``disturbing
social order.'' Cheng was released from RTL on November 9. According to
NGO reports, police escorted Cheng from the RTL facility back to
Xinxiang City, where she was placed under illegal soft detention in a
hotel. She was reportedly warned not leave Zhangyuan County.
According to Reporters Without Borders' statistics, there were 30
reporters and 68 cyberdissidents in prison.
Regulations prohibit a broad range of activities that authorities
interpret as subversive or slanderous to the state.
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
individuals deemed politically sensitive and declined to issue
passports to Chinese citizens selected for international exchange
programs who were seen as politically unreliable, in particular
individuals from minority nationality areas.
During the year information outreach, educational exchanges, and
other cultural and public diplomacy programs organized by foreign
governments increasingly were subject to government interference
particularly after Arab Spring movements began in the Middle East.
While in many cases government officials simply denied requests for
events, claiming it was ``inconvenient'' to hold them at that time, in
other cases government officials would approve events and then cancel
them before they were scheduled to occur, sometimes within hours of the
events' start time.
During a multicity tour by an international theatrical troupe
performing a play that touched on freedom of speech issues, scheduled
post-performance talks at several universities were canceled, for no
given reason. The visiting performers had activities disrupted and were
obstructed in attempts to meet with ethnic minority artists.
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 2010 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 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 CCP
membership was not always a requirement to obtain a tenured faculty
position, scholars without CCP affiliation often had fewer chances for
promotion.
Researchers, authors and academics residing abroad also were
subject to sanctions, including denial of visas, from the authorities
when their work did not meet with official approval. In August overseas
media reported the cases of 13 foreign academics who asserted they were
blocked from obtaining visas to travel to China on the basis of
contributions made to a book on Xinjiang seven years earlier.
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 country,
often resulting in conflict with authorities or other charges (see
section 1.f.).
In April police detained 27 villagers and seriously injured five
following an April 30 protest in Dao County, Hunan Province. More than
300 villagers from three villages had gathered to protest the private
sale by local officials of the right to forest land that villagers
depended on for a living. A struggle broke out over signs the villagers
were holding, and armed police as well as unarmed officers began
striking the protesters. Reportedly, villagers taken into detention
were denied food and water and slapped in the face as police sought to
extract confessions.
On April 4, local officials disrupted the annual meeting of HIV/
AIDS activist Chang Kun's AIBO Youth Center in Linquan County, Anhui
Province. The meeting, which took place in the conference room of a
local hotel, was interrupted first by hotel management and later by
officials from the Guangming Subdistrict Office of Linquan County. In
the days leading up to the meeting, officials also destroyed signs
outside of the youth center. ``Chang Kun's Home'' is designed to
provide a place for students to gather and also act as a venue for
carrying out health, human rights, policy, and Internet freedom
education projects.
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'' and protests, including some violent protests, against
local governments 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 law protects an individual's ability to petition the
government; 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.
Although banned by regulations, retaliation against petitioners
reportedly 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 to
prevent them from filing complaints against local officials with the
central government. Such detentions occurred before and after the
enactment of the new regulations and often went unrecorded. Rules
issued by the General Office of the State Council 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.
On August 11, Beijing police issued five-day administrative
detentions to eight petitioners from Cangshan District, Fuzhou City,
Fujian Province, who had passed out leaflets outside a foreign embassy
after their grievances over home demolitions had not been resolved
through petitioning, according to an international NGO and foreign
press reports. Security personnel took one of the petitioners to the
Chengmen Police Station once she was back in Cangshan and ordered her
to serve an additional 10-day administrative detention for the same
offense.
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 the government believed
might challenge its authority.
The government maintained tight controls over civil society
organizations. Legal and surveillance efforts aimed at controlling them
increased, especially following events in Egypt and Tunisia and
subsequent calls for peaceful public (Jasmine Revolution) protests in
China. In January the Central Propaganda Bureau banned media use of the
term ``civil society'' (gongmin shehui).
March 2010 regulations issued by the State Administration for
Foreign Exchange on foreign exchange donations to or by domestic
institutions remained in 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
require all parties and the banks to approve additional measures prior
to a transaction being processed. Application of the regulation was
varied, with some NGOs successfully navigating the requirements, others
identifying other options to receive funds, and some severely limiting
or shutting down operations.
Local authorities continued to restrict the activities of labor
NGOs in Guangdong Province, especially during the Jasmine Revolution
crackdown that started in late February. At that time police visited a
number of labor NGOs in the Pearl River Delta warning them to cease
working with activist lawyers representing workers rights cases in the
region. Police also shut down a branch of one regional labor NGO in
retribution for engaging with foreign contacts. Labor NGOs reported
that they were unable to register as civil organizations and had little
alternative but to register as businesses and be subject to taxation.
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 reregister
as NGOs during the year.
In July the Ministry of Civil Affairs (MCA) submitted a new version
of the registration regulation to the State Council proposing to allow
charity and social organizations to register directly with the ministry
without need for an organizational sponsor. Several cities, including
Shenzhen, Shanghai, and Beijing, trial tested the policy last year. As
a result, Jet Li's One Foundation was registered directly with the
Shenzhen Ministry of Civil Affairs in January as a private fundraising
foundation. It appears the regulation would not apply to NGOs working
on advocacy or other potentially politically sensitive issues.
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 MCA, as of the end of 2010, the
country had approximately 440,000 legally registered social
organizations including social groups (243,000), civil nonbusiness
units (195,000), and foundations (2,168). 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 16th and
17th 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.''
The lack of legal registration created numerous logistical
challenges for NGOs, including difficulty opening bank accounts, hiring
workers, fundraising, 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 foreign-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.--See the Department of State's
International Religious Freedom Report at http://state.gov/j/drl/irf/
rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The law provides for freedom of
movement within the country, foreign travel, emigration, and
repatriation; however, the government generally did not respect these
rights in practice. While seriously restricting its scope of
operations, the government sometimes cooperated with the Office of the
U.N. High Commissioner for Refugees (UNHCR), which maintains an office
in Beijing, to provide protection and assistance to refugees, asylum
seekers, and other persons of concern.
In-country Movement.--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 very 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. According to the 2010 Human Resource and Social Security
Development Communique published in May by the Ministry of Human
Resources and Social Security (MOHRSS), in 2010 the number of rural
residents working in non-agricultural jobs was 242.2 million, of which
the number of rural residents working outside of their home district
was 153.4 million. Many migrant workers and their families faced
numerous 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. Poor treatment and
difficulty integrating into local communities contributed to increased
social unrest among migrant workers in the Pearl River Delta. Migrant
workers had little recourse when abused 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 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.
According to press reports and online blogs, activists detained
early in the year for activities associated with calls for a Jasmine
Revolution were forcibly returned to their home provinces elsewhere in
the country at the time of their release and denied the ability to
return to Guangdong Province. These include Yuan Xinting (Sichuan
Province), Tang Jingling (Hubei Province), Liu Shihui (Inner Mongolia),
and Sun Desheng (Zhejiang Province).
Foreign Travel.--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 (see section 1.e.), such as the awarding of Liu
Xiaobo's Nobel Peace Prize in October 2010. The government exercised
exit control for departing passengers at airports and other border
crossings and utilized this exit control to deny foreign travel to
dissidents and persons employed in sensitive government posts.
Throughout the year lawyers, artists, authors, and other activists were
at times prevented from freely exiting the country. Border officials
and police cited threats to ``national security'' as the reason for
refusing permission to leave the country. Most were stopped at the
airport by authorities at the time of the attempted travel. On April 3,
the government detained Ai Weiwei at the airport as he attempted to
board a flight. Writer Liao Yiwu repeatedly faced travel bans
preventing his attendance at international literary festivals; in July
he left the country and traveled to Germany declaring himself ``in
exile.''
Most citizens could obtain passports, although those whom the
government deemed potential threats, including religious leaders,
political dissidents, petitioners, and ethnic minorities, reported
routinely being 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 reportedly had valid passports seized.
In Tibetan regions of Qinghai, Gansu, and Sichuan provinces, in
addition to the TAR, ethnic Tibetans experienced great difficulty
receiving 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 did not experience the same difficulties.
Exile.--The law neither provides for a citizen's right to
repatriate nor 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.
Emigration and Repatriation.--The government continued to try to
prevent many Tibetans from leaving and detained many who were
apprehended in flight (see Tibet Addendum). By the end of 2010, 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 2010. During the year there were reports of Uighur asylum
seekers being forcibly returned from Malaysia, Pakistan, and Thailand.
Of a group of 21 Uighurs returned from Cambodia in 2009, three persons,
a woman and two children were reportedly freed, 16 others were given
prison sentences ranging from 16 years to life, and the fates of two
remained unknown at year's end.
During the year the government continued to harass and restrict the
travel of videographer and Sun Yat Sen University professor Ai
Xiaoming, who in January 2010 was denied the right to travel abroad to
receive the Prix Simone de Beauvoir (international human rights prize
for women's freedom).
Protection of Refugees.--Access to Asylum.--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. Although the government does not grant refugee or asylum
status, it allowed the UNHCR more latitude in assisting non-North
Korean refugees. UNHCR Beijing recognized approximately 100 non-North
Korean refugees in China (from Pakistan, Iraq, Somalia, and Eritrea)
and was processing approximately 100 additional individuals who have
requested refugee status. However, because these individuals were not
officially recognized as refugees by the PRC, they remained in the
country as illegal immigrants unable to work, with no access to
education, and deportable by the host government at any time.
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 2009; they were not officially
designated as refugees. The government did not respond to UNHCR
requests for access to the border areas in 2009 or during the year.
There is no official government estimate of how many refugees fled
across the border as result of fighting during the year.
Nonrefoulement.--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, especially as regards North Korean refugees. The
government continued to consider all North Koreans ``economic
migrants'' rather than refugees or asylum seekers, and the UNHCR
continued to have no 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. Reports of various exploitation
schemes targeting North Korean refugees, such as forced marriages,
labor, and prostitution, were common. The government continued to deny
the UNHCR permission to operate along its border with North Korea.
Some North Koreans who entered diplomatic compounds in the country
were permitted to travel to third countries after waiting periods of up
to two years.
Refugee Abuse.--The intensified crackdown begun in 2008 against
North Korean refugees reportedly extended to harassment of religious
communities along the border. 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.
Access to Basic Services.--While the situation of undocumented
children of some North Korean asylum seekers and of mixed couples
(i.e., one Chinese parent and one North Korean parent) reportedly
improved somewhat during the year, many still did not have access to
health care, public education, or other social services.
Durable Solutions.--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 since
the Vietnam War era. During the year the government and the UNHCR
continued discussions concerning the granting of citizenship to these
long-term residents and their children, many of whom were born in
China.
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. While the law provides citizens
the right to change their government peacefully, citizens cannot freely
choose or change the laws or officials that govern them. In practice
the CCP controls virtually all elections. The CCP continued to control
appointments to positions of political power.
Elections and Political Participation.--Recent Elections.--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
consists of 175 members, oversaw these elections and determined the
agenda and procedure for the NPC.
The NPC Standing Committee remained under the direct authority of
the CCP, 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 CCP's approval.
According MCA statistics, almost all of the country's more than
600,000 villages had implemented direct elections for members of local
subgovernment organizations known as village committees. The direct
election of officials by ordinary citizens remained narrow in scope and
strictly confined to the local level. The government estimated that
one-third of all elections were marred by serious procedural flaws.
Corruption, vote buying, and interference by township-level and CCP
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, although
compliance and enforcement of the election law were uneven across the
country. Under this law citizens have the opportunity to vote for local
people's congress representatives at the county level and below every
five years, 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 CCP control over legislatures.
In local people's congress elections during the year, more than 100
candidates declared via microblogs their intent to seek election
without the approval of the CCP. By year's end most of the declared
independent candidates had been kept off the ballots by the local
governments despite meeting nomination criteria. None of the declared
independent candidates had won election by year's end. Election
officials pressured independent candidates to renounce their
candidacies, manipulated the ballot to exclude independent candidates,
refused to disclose electorate information to independent candidates,
and sometimes adjusted electoral districts to dilute voter support for
independent candidates.
In May, Liu Ping, a laid-off worker from a state-owned steel and
iron factory in Guangxi Province and the first independent candidate to
announce her candidacy, was detained multiple times and kept under
house arrest. Authorities also raided Liu's residence and confiscated
her campaign material.
On August 18, Liang Shuxin, an independent candidate in Guangdong
Province, was visited by three plainclothes security officers who
demanded a halt to his campaign activities. On August 25, despite
collecting the necessary number of signatures endorsing his candidacy,
Liang failed to become a preliminary candidate. Election laws stipulate
that anyone with the endorsement of 10 valid voter signatures
automatically becomes a preliminary candidate. Local election officials
declined to explain why Liang did not become a preliminary candidate.
On October 20, Shu Kexin, an independent candidate in Beijing,
published images of a text message sent by an election official in his
district reporting to her supervisor that Shu was successfully kept off
the ballot. The election official had sent the message to Shu in error.
During the November 9 local people's congress elections in Beijing,
authorities deployed a heavy security presence at many polling stations
in districts where independent candidates sought office. Beijing
Foreign Studies University, where high-profile independent candidates
Wu Qing and Qiao Mu both stood for election, closed off the campus on
election day to keep out journalists and independent observers. Extra
security personnel guarded both entrances to the university and checked
the identities of anyone seeking entry.
Political Parties.--Official statements asserted that ``the
political party system [that] China has adopted is multiparty
cooperation and political consultation under'' 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.
During the year the authorities took measures to restrict the
participation of independent candidates.
In September 8 local elections in the Guangzhou City, Guangdong,
district of Panyu, apparently in response to an effort by an
independent candidate's supporters to monitor the election process,
election officials allegedly issued a notice prohibiting voters from
making audio or visual records of the election proceedings. Earlier the
Panyu District authorities in Lijiang Township harassed supporters of
independent candidate Liang Shuxin and refused to officially register
him as a candidate, even though he collected the required number of
supporters, according to online news reports. The local election
commission allegedly told him it would be more appropriate for an
independent candidate to be female. According to press reports, to
avoid a Liang write-in victory, the election commission added an
additional 200 voters to the registry in the week prior to the
election. On election day plainclothes police and city administration
personnel allegedly were on hand during the vote count and cell phone
reception had been blocked, thus hindering efforts to monitor the
results.
In late August Guangzhou University obstructed the independent
candidacy of one of its students for the people's congress election in
Baiyun District, Guangzhou City, Guangdong Province. Guangzhou
University's School of Foreign Studies announced it would not accept
the registration of the student, who had gathered more than 1,000
recommendations in support of his candidacy, because they wanted ``a
nonpartisan female elite intellectual'' to get elected, according to
online reports. When the student insisted he be registered as a
candidate, the university reportedly created additional demands not
required of party-affiliated candidates in order to deter him.
A would-be, independent candidate in Beijing, Wu Lihong, maintained
that she was given administrative detention for 15 days and then forced
to go to Chongqing to prevent her from taking part in the elections.
In 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 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--including
Chen Shuqing, Sang Jiancheng, Yang Tianshui, and Jiang Lijun--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.
Participation of Women and Minorities.--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 were 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 were 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 CCP
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. The election Law provides a general
mandate for quotas for female and ethnic minority representatives;
however, achieving these quotas often required election authorities to
violate the election procedures specified in the election law. During
the 2011-12 local people's congresses elections, many electoral
districts in which independent candidates campaigned used these quotas
as justification to thwart the candidacies of these independent
candidates.
A total of 411 delegates from 55 ethnic minorities were members of
11th NPC, accounting for 13.8 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 CCP or government positions
of significant influence.
Section 4. Official Corruption and Government Transparency
The law provides criminal penalties for official corruption;
however, the government did not implement the law effectively, and
officials frequently engaged in corrupt practices with impunity. Many
cases of corruption involved areas that were heavily regulated by the
government and therefore susceptible to fraud, bribery, and kickbacks,
such as land usage rights, real estate, and infrastructure development.
In December 2010 the State Council Information Office 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.
In its 2010 annual work report, the Supreme People's Procuratorate
reported that procuratorates nationwide had investigated 32,909
corruption, dereliction of duty, and infringement of human rights
cases, an increase of 1.4 percent from the previous year, involving
44,085 suspects, an increase of 6.1percent. Among them, 2,723 suspects
of corruption or bribery were officials at or above county and director
level, including 188 at bureau level and six at the province level.
In 2010 the Central Commission for Discipline Inspection (CCDI),
the CCP's lead body for countering corruption among members,
investigated 139,621 corruption-related cases. A total of 146,517
people were disciplined, and 5,373 were transferred to judicial
agencies for criminal proceedings.
In July 2010 the government and CCP 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
families' investment in financial assets and in enterprises. Also in
July 2010 the government and CCP announced they would introduce a new
collective decision-making procedure in 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 2010, the SPC reported that it had strengthened internal
supervision by appointing anticorruption monitors, sending inspection
task forces to local courts, and ordering more discipline.
In February the NPC's Standing Committee amended the criminal law
to make citizens and companies paying bribes to foreign government
officials and officials of international public organizations subject
on conviction to criminal punishments of up to 10 years' imprisonment
and a fine.
During the year the SPC urged local courts to ban family members of
officials and judges from being lawyers under the local court's
jurisdiction. In step with this request, the Higher People's Court of
Chongqing Municipality announced a regulation forbidding judges' family
members from accepting money from lawyers. The Higher People's Court of
Fujian Province also announced a regulation to forbid judges from
meeting representatives in a case in private.
In June the People's Bank of China reported that since the mid-
1990s, thousands of corrupt officials had stolen nearly 800 billion RMB
(approximately $123 billion) and fled overseas. The officials
reportedly used offshore bank accounts to hide the money. The report
was later removed from the bank's Web site.
There were numerous cases of public officials and leaders of state-
owned enterprises, who generally also hold high CCP ranks, investigated
for corruption during the year.
In January the former vice chairman of the Liaoning Province
People's Congress, Song Yong, went on trial in Beijing on charges of
taking 10.2 million RMB in bribes (approximately $1.6 million) and was
convicted of graft. He was sentenced to death with two years' reprieve,
with life-long deprivation of political rights and all personal assets
confiscated. He was removed from his post in February 2010.
In March Minister of Railway Liu Zhijun was asked to step down
after an investigation of ``severe violation of discipline.'' He was
accused of embezzling nearly 750 million RMB ($121 million).
In August the former governor of Chuxiong Prefecture, Yunnan
Province, was expelled from the CCP after investigations linked him to
bribery, drug abuse and dereliction of duty. The CCP's Yunnan
Provincial Committee reportedly accused Yang Hongwei of having 20
properties and taking bribes worth 10 million RMB ($1.6 million) and
goods valued at 940,000 RMB ($148,000). Yang was removed from his post
in April.
In September, as part of the 12th Five-Year Plan's outline of
anticorruption efforts, the Supreme People's Procuratorate announced
plans to establish a national Intranet bribery case retrieval database
listing all cases involving bribery in local government projects. At
year's end the system was operational, and citizens could make requests
through Procuratorate Offices.
The Ministry of Supervision and the CCDI are responsible for
combating government corruption.
In September 2010 the 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.'' Chen Lianfu, director of the SPP's
Bureau of Anti-Embezzlement and Bribery, and seven other leading SPP
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
School. All students selected for the program ``met strict criteria and
were tested for aptitude,'' reported the Global Times, a commercially
focused newspaper affiliated with the official daily of the CCP Central
Committee.
Freedom of information regulations allow citizens to request
information from the government. The regulations 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 official documents released in response.
In August the SPC ruled that citizens could sue any government
department that refused to provide unclassified information. In
September a Tsinghua University graduate student sued three government
ministries after her requests for information were denied. The student
requested information regarding the duties of 14 ministries for use in
her thesis. The student mentioned that with the exception of the
People's Bank of China, all were ``suspicious and careful'' about her
request.
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 it
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, although the government piloted
new registration procedures in Shenzhen, Shanghai, and Beijing during
the year to remove the requirement that NGOs must have a government
sponsoring agency to register. If the new registrations procedures are
successful, the government plans to allow NGOs to register directly
with the Ministry of Civil Affairs. 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.
Government Human Rights Bodies.--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.
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 and Domestic Violence.--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
reports, 30 to 37 percent of families suffered from domestic violence,
and more than 90 percent of the victims were women. 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. The All China Women's
Federation (ACWF) reported in 2010 that it received 50,000 domestic
violence complaints annually. Spousal abuse typically went unreported;
an ACWF study found that only 7 percent of rural women who suffered
domestic violence sought help from police. While domestic violence
tended to be more prevalent in rural areas, it also occurred 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. The government
operated most shelters, 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.
Sexual Harassment.--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. A 2009
Harvard University study on sexual harassment in the country showed
that 80 percent of working women in the country experienced sexual
harassment at some stage of their career. The same study found that
only 30 percent of sexual harassment claims by women succeeded.
The founder of an education training business in Shenzhen was
sentenced to jail during the year after a female employee told the
police that he raped her. After his conviction, other employees
reported they had been raped or harassed by him as well.
According to information on the ACWF Web site, women who had been
sexually harassed had increasingly better access to useful information
and legal service hotlines through the Internet. A Beijing rights
lawyer told ACWF that approximately 100 to 200 million women in the
country had suffered or were suffering sexual harassment in the
workplace, but very few legal service centers provided counseling.
Reproductive Rights.--The government restricted the rights of
parents to choose the number of children they have. 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.
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 2010 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 2010, Xuzhou in 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 made her ineligible for the government position. In
December 2010 in Taizhou, Jiangsu, in a similar case involving a male
plaintiff, the court ruled that the male plaintiff also was ineligible
for a civil service position.
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 were permitted to have a second child (e.g., if each
of the would-be parents was 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 were
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.
The National Population and Family Planning Commission reported
that all provinces had eliminated the birth-approval requirement before
a first child is conceived, but provinces may still continue to require
parents to ``register'' pregnancies prior to giving birth to their
first child. This ``registration'' requirement can be used as a de
facto permit system in some provinces, as some local governments
continued to mandate abortion for single women who become pregnant.
Provinces and localities imposed fines of various levels on unwed
mothers.
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.
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 CCP (membership is an unofficial requirement for
certain jobs), and other administrative punishments, including in some
cases the destruction of private property.
To delay childbearing, the law sets the minimum marriage age for
women at 20 and for men at 22. 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.
According to online reports, women who registered newborns in
Nanhai District, Foshan, Guangdong Province, were requested to insert
an IUD (intra-uterine device). Many posted online complaints that
officials threatened to not register the baby if the mother did not
comply. This allegedly occurred even when the newborn was the mother's
only child.
Government regulations implemented in 2008 make family-planning
services compulsory, 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 these compulsory services.
According to 2010 statistics, the maternal mortality ratio was an
estimated 30 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 regions than in more developed
regions. Rural, poor, migrant, and ethnic minority women continued to
suffer the greatest mortality rates due to a lack of access to quality
health services.
Discrimination.--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. 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. In determining child custody in divorce cases,
judges make determinations based on the following guidelines: Children
under age two should live with their mothers; children two to nine
years of age should have custody determined by who can provide the most
stable living arrangement; and children 10 and over should be consulted
when determining custody.
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. There
were approximately 590 female suicides per day, according to a Chinese
Centers for Disease and Control and Prevention report released in
September. This was more than the approximately 500 per day reported in
2009. The report noted 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 U.N. 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 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.
According to the 2010 national census, the national average male-
female sex ratio at birth was 118 to 100. Sex identification and sex-
selective abortion (commonly referred to as the ``Two Nons'') were
prohibited under administrative law, but the practices continued
because of traditional preference for male children and the birth
limitation policy.
Children.--Birth Registration.--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.
Education.--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 U.N. Development Program 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.
Medical Care.--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.
Child Abuse.--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.
Sexual Exploitation of Children.--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.
Offenders in serious cases may receive prison sentences of three to 10
years, 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 is 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
age 18 are to be severely punished.
Infanticide.--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.
Displaced Children.--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 2010 the ACWF
reported that the number of children in rural areas left behind by
their migrant-worker parents totaled 58 million, 40 million under the
age of 14.
Institutionalized Children.--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.
International Child Abductions.--The country is not a party to the
1980 Hague Convention on the Civil Aspects of International Child
Abduction.
Anti-Semitism.--There were no reports of anti-Semitic acts 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.--See the Department of State's Trafficking
in Person's Report at http://state.gov/j/tip.
Persons With Disabilities.--The law protects the rights of persons
with disabilities and prohibits discrimination; however, conditions for
such persons lagged far behind legal dictates, failing to provide
persons with disabilities access to programs designed to assist them.
The MCA and the China Disabled Persons Federation, a government-
organized civil association, are the main entities responsible for
persons with disabilities. In 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 ``minimum-life-
guarantee'' stipends; 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.
According to the China Disabled Persons Federation, in 2010 more
than 519,000 school-age children with disabilities received compulsory
education, 68.2 percent of them in inclusive education, and 31.8
percent in 1,705 special schools and 2,775 special classes. 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 are
required to offer incentives to enterprises that hired persons with
disabilities. Regulations in some parts of the country also require
employers to pay into a national fund for the disabled when the
employees with disabilities do not make up the statutory minimum
percentage of the total workforce.
Standards adopted for making roads and buildings accessible to
persons with disabilities are 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 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.
Ethnic minorities represented approximately 14 percent of delegates
to the NPC and more than 15 percent of NPC standing committee members,
according to an official report issued in July. A November 19 article
in the official online news source for overseas readers stated that
ethnic minorities comprised 41.3 percent of cadres in the Guangxi
Zhuang Autonomous Region, 25.4 percent of cadres in Ningxia Hui
Autonomous Region, and 51 percent of cadres in the XUAR. During the
year all five of the country's ethnic minority autonomous regions had
chairmen (the chairman in an autonomous region is equivalent to the
governor of a province) from minority groups. The CCP secretaries of
these five autonomous regions were all Han. Han officials continued to
hold the majority of the most powerful CCP 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 reversed from 20/ 80 to 80/20 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 filled 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, ethnic separatism, 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 without due process, on charges of separatism and
endangering state security. The government reportedly pressured third
countries to return Uighurs outside the country, who faced the risk of
persecution if repatriated.
Freedom of assembly was severely limited during the year in the
XUAR.
According to state official media accounts, on July 18, a group of
Uighurs attacked a police station in Hotan, XUAR, killing two security
guards and taking eight hostages. Police killed 14 of the attackers,
captured four, and rescued six hostages; two hostages died in the
rescue attempt. On July 30 and 31, through stabbings and bombings,
Uighur men in Kashgar, XUAR, killed 13 persons. In the July 30
incident, the civilians killed one of the Uighur attackers and took
another into custody. In the July 31 incident, police shot and killed
five of the suspects, took four into custody, and subsequently killed
two suspects who had initially escaped. Four of the detained Uighurs
were subsequently given death sentences for their involvement in the
violence.
State media reported that on December 28, security forces in Hotan
Prefecture, XUAR, killed seven persons and injured four others while
rescuing hostages. Two police officers reportedly were killed in the
incident.
In 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 2009 riots in Urumqi. At
year's end the buildings had not been demolished but remained vacant
and condemned. Two of Kadeer's sons also remained in prison.
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 Abdulla Jamal, Adduhelil
Zunun, 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 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 regulation further bans
inciting ethnic separatism or harming social stability. It 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
consensual same sex activities between adults. Due to societal
discrimination and pressure to conform to family expectations, most gay
men and lesbians refrained from publicly discussing their sexual
orientation. Individual activists and organizations working on lesbian,
gay, bisexual, and transgender (LGBT) issues continued to report
discrimination and harassment from the authorities.
Authorities continued to harass or prevent the gathering of LGBT
persons. For example, in February a Valentine's Day kissing contest
that gay couples planned to attend was cancelled abruptly by
organizers. The Beijing LGBT Center planned to use the event to raise
awareness about gay rights.
In June the Fifth Beijing Queer Film Festival was forced
underground due to harassment from local police, officers from the
Bureau of Industry and Trade, and the Culture Bureau. The police deemed
the event ``illegal.'' Organizers were forced to close the event to the
general public and show the films to invited guests only. The venue of
the festival was also changed every night to avoid detection.
LGBT persons were also targets of societal pressures. For example,
in July LGBT groups complained of censorship by the popular Web site
Doudan. The groups reported that posts for events were disappearing,
resulting in low attendance. Subsequently the groups began to boycott
the site.
In July 2010 a gay man attempted to sue the Beijing Red Cross for
discrimination for barring gays and lesbians from donating blood. The
court rejected the lawsuit without explanation.
Other Societal Violence or Discrimination.--The Employment
Promotion Law, which went into effect in 2008, improves protection
against discrimination in employment, and local governments continued
their regulations to reflect the 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 2010 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 in April 2010 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. By December three separate lawsuits
had been filed by plaintiffs with HIV/AIDS who were denied employment
due to their HIV status. Two of the cases had already been lost by
year's end.
HIV/AIDS activist Wan Yanhai, founder and director of the Beijing-
based NGO Aizhixing, remained overseas after leaving the country in May
2010. The organization continued to come under intense pressure from
the government.
International involvement in HIV/AIDS prevention, care, and
treatment, as well as central government pressure on local governments
to respond appropriately, brought improvements in many 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.
Persons with HIV/AIDS were routinely denied admittance to hospitals
for medical care. The hospitals feared that should the general
population find out that they were treating HIV/AIDS patients, persons
would choose to go to other hospitals. It was common practice for
general hospitals to refer patients to specialty hospitals working with
infectious diseases.
In August the Global Fund on AIDS, Tuberculosis, and Malaria lifted
its freeze on disbursements to China so that work on fighting AIDS
could resume. The Global Fund had frozen the assistance due to
suspected misuse of funds and the government's reluctance to involve
NGOs. In response, the government promised to allocate 25 percent of
the funds to community organizations and create a separate entity to
manage civil society groups.
In February 2010 a nationwide rule banning mandatory hepatitis B
virus tests in job and school admissions applications was promulgated.
On February 14, 61 percent of state-run companies still had hepatitis B
testing as a part of their pre-employment screen.
In September a report from a Beijing-based NGO said that 32 percent
of kindergartens surveyed would refuse to enroll children infected with
hepatitis B.
In September a HIV-positive man filed a discrimination lawsuit
against local authorities claiming that he was denied a job as a
primary school teacher. This was the second such discrimination lawsuit
in the country. The man reportedly passed a test and interview but was
denied the position after authorities learned about the HIV from a
routine health test.
Section 7. Worker Rights
a. Freedom of Association and the Right to Collective Bargaining.--
The law does not provide for freedom of association, as workers are 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 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. While there were no publicly available official
statistics on enforcement of laws protecting union representatives,
there were periodic media reports of union officials successfully
obtaining monetary judgments against companies, usually foreign-
invested, which wrongfully terminated them due to union activity.
Regulations require 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.
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. A key article of this 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.
The Trade Union Law specifically addresses unions' responsibility
to ``coordinate the labor relations and safeguard the labor rights and
interests of the enterprise employees through equal negotiation and
collective contract system'' and to represent employees in negotiating
and signing collective contracts with enterprises or public
institutions. The Labor Contract Law provides that labor unions ``shall
assist and direct the employees'' in establishing ``a collective
negotiation mechanism,'' and that collective contracts can include
``matters of remuneration, working hours, breaks, vacations, work
safety and hygiene, insurance, benefits, etc.'' It further provides
that there may be industrial or regional collective contracts ``in
industries such as construction, mining, catering services, etc. in the
regions at or below the county level.'' The labor law permits
collective bargaining for workers in all types of enterprises.
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. In response to widespread criticism of the ACFTU's response to
several high-profile labor disputes in 2010, the ACFTU advocated for
government policies and legal reform to better equip the union to
protect workers' rights. However, no measurable progress occurred on
this issue.
The ACFTU and its provincial and local branches continued to
aggressively organize new unions and add new members, especially in
large, multinational enterprises. The ACFTU claimed 93 percent of
``Fortune 500'' companies in the country had already established
unions. Foreign-invested enterprises continued to report demands for
increased wages by their workers and threats of walkouts and work
stoppages if workers' demands were not met. The pressure to increase
worker wages was a result of government policies promoting wage
increases, inflation that resulted in rising prices for food and
consumer items, and a dearth of skilled labor in the workforce.
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
CCP. In enterprises where direct election of union officers took place,
regional ACFTU offices and local CCP authorities retained control over
the selection and approval of candidates. The inability to elect their
representatives directly continued to be a key issue raised by workers
in the Pearl River Delta (PRD).
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 reports of workers throughout the country engaging
in strikes, work stoppages, and other protest actions. Although there
are no publicly available figures for the number of strikes and
protests each year as the government institutes restrictions on media
reports, an NGO estimated 30,000 collective protests by workers in
2009, and it estimated a similar number of strikes occurred in 2010 and
2011. Strikes primarily continued to be resolved directly between
workers and management without the involvement of the ACFTU. Where
labor relations disputes were resolved without resorting to strikes,
factory management continued the trend of engaging directly with worker
committees rather than through the legally-approved ACFTU.
Despite the collective bargaining article in the 2008 Labor
Contract Law, many employers preferred 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.
The number of labor disputes nationwide continued to rise as
workers' awareness of the laws increased. 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 latest figures from the
MOHRSS, there were more than 4,800 labor arbitration organizations and
330,000 labor arbitrators by the end of 2009. The MOHRSS announced at
an October press conference that from January to September there were
933,000 ``labor and personnel disputes'' involving 55.3 million
workers. Of these, 428,000 were registered arbitration cases, of which
87 percent were resolved. The MOHRSS spokesman did not elaborate on the
number of collective disputes.
In July 2010 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. There was no
progress in advancing debate over collective bargaining legislation
that stalled last year in the Guangdong provincial legislature.
Although the Guangdong ACFTU played a prominent role in the
resolution of the 2010 strikes at three Honda auto component factories
in the PRD in 2010, and indicated that Honda's Nanhai plant would be a
pilot site for allowing union members to elect their own union chair,
by year's end that goal was still not realized despite three rounds of
negotiations between workers and factory management.
Labor activists detained in previous years reportedly remained in
detention at year's end, including: Chen Yuqian, Feng Xinchun, Gonpo
Lhundrub, Gonpo Thar, Jalo, Tselo, Hu Mingjun, Huang Yunmin, Huang
Zhuyu, Jiang Cunde, Jiang Shiye, Li Xiulian, Zhang Chengxiang, Kong
Youping, Li Jianfeng, Lin Shunan, Li Shanwen, Li Wuyi, Liu Jian, Liu
Jianjun, Luo Xi, Memet Turghun Abdulla, Miao Wanli, Ning Xianhua, Wang
Jun, Wang Miaogen, Wang Suhua, Xu Haiyan, Xu Zexin, Xue Mingkai, Yang
Chunlin, Yuan Xianchen, Zhao Dongmin, Zhu Fangming, and Zuo Xiaohuan.
During the year strikes remained primarily economic in nature
(e.g., increased wages, subsidies for food and housing), but other
issues such as workplace conditions and social welfare became more
prominent. On June 29, construction workers rallied in front of the
municipal government building in Shenzhen, Guangdong Province, to call
for improved pension benefits. The government's response to worker
protests continued to be a mixture of mediation, conciliation, and
coercion. While some jurisdictions sought to develop more flexible
strategies to resolve labor disputes, others continued to rely on more
repressive measures.
Government officials took a more prominent role in resolving some
labor disputes, although not necessarily in the favor of striking
workers. For example, a four-day strike by 4,000 workers at a South
Korean-owned handbag factory in Guangzhou's Panyu District ended on
June 23, when police arrested at least six workers, according to
foreign press reports. The strike ended without workers winning any
concessions on wages and conditions on which the walk-out was based.
Police also were dispatched to break up a 10-day strike by 2,000
workers later in June at a Japanese-owned Citizen Watch plant at
Dongguan, Guangdong Province. The strikers, who were protesting against
long working hours and the lack of overtime pay for work conducted on a
weekend, were forced to return to work under police surveillance.
The closure of factories due to bankruptcy or a decision to move
production elsewhere also contributed to labor disputes. In Huizhou,
Guangdong Province, more than 1,000 workers at a Sino-American JV
electronics factory went on strike May 28 over the compensation package
the factory was offering workers who would be laid off when operations
ended. The nearly 1,000 striking workers, some of whom had worked at
the factory since it was opened 20 years earlier, also claimed the
company cut corners in paying their social security benefits. The
closure of a factory in Chaozhou, Guangdong Province, prompted a
dispute over unpaid wages that triggered rioting in early June, pitting
migrant labor workers from Sichuan Province against local communities.
In East China a series of labor protests in the transportation and
logistics sector were sparked by accelerating inflation. On April 20,
several thousand independent truck drivers stopped work for several
days and blocked access to container handling facilities in Shanghai to
protest high and illegal fees associated with container transport. The
Shanghai Municipal Government responded quickly, announcing a series of
measures on April 23 aimed at reducing and eliminating these fees. Taxi
drivers led two separate protests in Hangzhou and Shanghai beginning
August 1. In Hangzhou media reports indicated that up to 5,000 cab
drivers, representing approximately half the total municipal taxi
fleet, stopped work to protest rising fuel costs and demanded approval
for fare increases. Hangzhou authorities, faced with traffic gridlock,
responded quickly and reportedly agreed to raise government-regulated
taxi fares--unchanged in eight years. On August 23, the Hangzhou
government released for public comment two fare-increase proposals and
pledged that higher fare adjustments would take effect by the end of
October. A much smaller taxi driver strike in Shanghai was reportedly
spurred by complaints that the taxi company was providing inadequate
pensions.
b. 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.
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.
Reports of forced labor continued. For example, in Sichuan Province
local authorities in Leibo County apologized to the public in August
for repeated cases of enslaving, trading, and even killing mentally
handicapped workers. According to the county's authorities, 227 victims
had been saved by annual crackdown campaigns since 2009. In September a
local television station in the capital city of Henan Province,
Zhengzhou, reported the existence of a trading center of abducted slave
laborers, including many mentally handicapped laborers, near the city's
railway station. Many illegal brick kilns with slave labor were found
subsequently, and local police rescued a total of 30 slave laborers.
Illegal brick kilns using slave labor were also found in Guangdong
Province. Fourteen enslaved and abused laborers were rescued in May in
Huizhou. Three of the victims were under age 18.
Forced labor remained a serious problem in penal institutions
according to the International Trade Union Confederation. 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. Goods and materials likely to be produced by forced
labor included toys, garments and textiles, electronics, bricks, and
coal.
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 Trafficking in Persons Report at
http://state.gov/j/tip.
c. 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. However, based on print media and online
reports, manufacturing in the electronics industry appeared to have the
most prevalent use of child labor, although many reports indicated it
occurred in a number of sectors.
In May a south China newspaper report indicated that children under
16 were working in an electronics factory in Huicheng District, Huizhou
Municipality, Guangdong Province. One allegedly 15-year-old worker said
that a labor dispatch company recruited her and approximately 20 other
children from Sichuan and Yunnan provinces to work at the factory. The
dispatch company reportedly received a portion of the children's wages
each month.
In June Guangdong Satellite TV reported that due to labor
shortages, several electronics factories in Nanhai District, Foshan
Municipality, Guangdong Province, employed child labor. At one factory
relatives who recruited the children received bonuses of 100 RMB
(approximately $16) per child if the child worked for at least three
months.
Child labor was not restricted to the electronics industry. One
case reported in June in both print and online media involved a Hong
Kong-invested plastics factory, producing for foreign markets, in
Huizhou Municipality, Guangdong Province, that allegedly employed at
least 10 workers between ages 13 and 15. The factory blamed the
dispatch agency, which acknowledged that negligence in the screening
process might have led to the recruitment of the children, who were
from Guizhou and Yunnan provinces.
In November a local woman was arrested in Wuchuan County, Guizhou
Province, for hiring children of migrant workers left in their home
village under the care of relatives. Eight children were found
producing dangerous fireworks in a small factory.
In November local authorities in Nantong City, Jiangsu Province,
reported an increase in the use of child labor in local labor-intensive
businesses, especially catering, textile, and electronic processing
industries. By October authorities investigated 25 suspected cases of
child labor, resulting in 15 child laborers rescued. Local authorities
attributed an increase in child labor reports in part to local labor
shortages.
In March a group of children were rescued from a box/bag-making
factory in Jimo City, Shandong Province. They had been forced to work
14 hours a day and were not allowed to leave the factory yard.
Authorities learned of the situation after two children escaped.
In March local police in Shenzhen, Guangdong Province, found 21
child laborers trafficked from the Liangshan region of Sichuan
Province. The manager of the Hualian Electronics factory where the
children were found was quoted as explaining that due to a surge in
orders, they used a labor dispatch company to hire temporary workers.
However, the dispatch company provided the under-age workers with fake
identity cards. According to the report, the dispatch company took a
large percentage of the wages paid to the underage workers.
The 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.
NGOs 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 were 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.
International NGOs issued reports of child labor in the PRD,
although the cases appeared to be the result of faked documents rather
than a concerted effort on the part of employers to hire underage
workers. In July a report by the Hong Kong-based NGO Students and
Scholars against Corporate Misbehavior accused a Shenzhen factory
producing for three foreign firms of employing a 14-year-old.
Also see the Department of Labor's Findings on the Worst Forms of
Child Labor at http://dol.gov/ilab/programs/ocft/tda.htm.
d. 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
MOHRSS. Monthly minimum wages varied greatly with Shenzhen, Guangdong
Province, the highest at 1,320 RMB ($207) and towns in remote Ningxia
Province the lowest at 750 RMB ($118). During the year the country
increased its ``rural poverty level'' to 192 RMB per month ($30). These
laws apply to all workers. 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.
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 premium pay for overtime work. However, in practice compliance
with the law was weak, and standards were regularly violated. While
excessive overtime still occurred, in many cases migrant workers
encouraged noncompliance by requesting greater amounts of overtime to
increase their overall wages.
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 June SAWS issued a regulation providing that companies will be
held primarily responsible for accidents and will bear legal liability
for covering up or filing fraudulent reports. Submitting accident
reports more than one hour after discovering the accident is considered
an act of cover up, while deliberately giving false information about
an accident, such as the time, place, cause, nature, casualties, people
at risk and direct economic loss, is considered lying about the
accident. Companies that violate the regulation will have their
operations suspended or will be deprived of business certificates and
licenses. The regulation also includes detailed measures to protect
fraud informants, including privacy clauses that prevent the identities
of informants from being disclosed.
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. Inadequately
enforced labor laws and occupational health and safety laws and
regulations continued to put workers' livelihoods, health, and safety
at risk.
In practice almost all local and provincial governments raised
minimum wage levels significantly during the year, as a result of
changing economic and demographic conditions. 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. A decrease in the
migration of workers into Guangdong contributed to a changing factory
workforce that was older and more likely to be married and have
children. As the tenure of the PRD's workers continued to increase,
their skills improved, adding additional upward pressure on wages.
Wage disputes and nonpayment of wages remained a problem in many
areas. Governments at various levels continued efforts to prevent
arrears and recover payment of missing wages and insurance
contributions.
Acceptable working conditions questions continued to plague
electronics manufacturers such as Foxconn, which opened manufacturing
operations in Chengdu to take advantage of lower labor costs. The
Chengdu government, together with Foxconn, pursued an aggressive search
for employees for the new plant. On May 20, three workers were killed
and 15 injured in an explosion in a polishing workshop; in March a Hong
Kong-based labor rights organization had documented unsafe working
conditions at the shop.
Interviews with employees in March and April by the same Hong Kong
labor rights organization revealed that while overtime work was
voluntary, employees felt it was necessary in order to earn a living.
On June 10, the mistreatment of a pregnant migrant worker at the
hands of local government security personnel triggered several days of
rioting in Zengcheng, Guangdong Province. The woman was reportedly
selling jeans in the evening at an informal stall she had set up.
Rumors that she had been killed or had lost the child she was carrying
triggered violent protests by migrant laborers in the area. The
government deployed riot police to control more than 1,000 migrant
demonstrators who gathered in front of the offices of local government
officials, restricting access to the city in the process.
The June migrant worker riots in Zengcheng and Chaozhou prompted
the Guangdong Provincial Communist Party Committee to pass the
``Decision on Strengthening Social Construction'' on July 13, as an
effort to better address the social dislocation facing migrant workers.
The document called on government authorities to better absorb migrant
workers through grassroots organizations or employment as civil
servants and said that the province's people's congresses and CPPCC
should also allow migrant workers to be members.
The Institute for Global and Human Rights, formerly the National
Labor Committee, issued a report in March claiming that a plastics and
hardware product company in Dongguan, Guangdong Province, denied
workers appropriate days off, sometimes requiring them to work 30 days
per month, did not use available safety devices in order to increase
production, resulting in at least four employees losing fingers over
the past three years, and did not provide training to new workers prior
to using dangerous equipment.
According to the State Administration for Coal Mine Safety (SACMS),
there was a 20.4 percent drop in the number of coal mine accidents
during the first seven months of the year. The number of people killed
in coal mine accidents during the period dropped by 31 percent from a
year earlier to 1,083 deaths.
SAWS and the U.S. Department of Labor engaged in a Mine Safety
Exchange Program to promote the development of improved safety
procedures and protocols. In November 2010 SACMS ordered all mines to
complete the installation of new facilities, including coal mine
monitoring equipment, pressure fans, water supplies, and communications
systems, to improve coal mine safety. Despite the drop in mortality
rates and the regulations imposed by SACMS, significant mine safety
problems remained.
During the summer more than 80 coal and iron ore miners were
trapped underground following incidents at four separate mines. More
than 50 miners were trapped in two separate mine incidents in Shandong
Province following a fire at a coal mine and a flooded shaft at an iron
ore mine. A dozen miners were trapped following a cave-in at a coal
mine in Dalian, Liaoning Province, and 23 miners were trapped in a
flooded coal mine in Guangxi Zhuang Autonomous Region, Guizhou
Province. In late June eight miners were killed and five injured when
an illegal iron ore mine in Fujian Province's Yongding County
collapsed. According to government officials, who were made aware of
the accident by local residents, police detained one of the mine's
owners who had tried to flee after the incident.
In early July heavy rains caused the Heshan mine in Guangxi Region
to collapse, killing 22 of the 71 miners inside. Coal mine safety
advocates claimed that the company, which operated 19 other coal mines,
required the miners to work underground despite the heavy rains and the
known risk of a cave-in. The incident prompted Guangxi authorities to
order inspections of coal mines to determine whether they were safe to
operate in heavy rains. On August 23, a flood in a coal mine in Qitaihe
City, Heilongjiang Province, killed four people.
Other coalmine accidents may have been covered up and
underreported. For example, in April two coalmine gas explosions
occurred and a total of 18 people were killed in Xuanwei City, Yunnan
Province. Domestic media reported that the local coalmine industry
authority tried to help the mines cover up one of the accidents. Local
residents also reported that four people died and two were injured
during an April 24 flood in a coal mine in Shuangyashan City,
Heilongjiang. The mine owner did not report the accident to local
authorities. On April 26, a gas explosion in a coal mine in Jixi City,
Heilongjiang, killed nine workers. The owner of the coal mine attempted
to cover up the accident by hiding the corpses. He later turned himself
in after the police placed him on the wanted list.
Data from the Ministry of Health showed that occupational diseases
and hazardous workplaces remained challenges. According to the
ministry, 27,240 occupational illness cases were reported in 2010;
23,812 were pneumoconiosis, or black lung disease, and more than 80
percent of the victims were classified as migrant workers. Official
data also showed that 37.8 percent of the victims did not receive
compensation. An NGO report revealed that people claiming to have an
occupational disease had to follow a medical and legal process that
took, on average, three years and 54 days to complete.
__________
Tibet
executive summary
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 Chinese Communist
Party (CCP) Central Committee's United Front Work Department, headed by
Du Qinglin since late 2007, oversees the PRC's Tibet policies. As in
other predominantly minority areas of the PRC, ethnic Han CCP members
hold almost all top government, police, and military positions in the
TAR and other Tibetan areas. Ultimate authority rests with the 25-
member Political Bureau (Politburo) of the CCP and its nine-member
Standing Committee in Beijing. Chen Quanguo succeeded Zhang Qingli as
TAR Party Secretary on August 25. Civilian authorities generally
maintained effective control of the security forces.
The TAR and other Tibetan areas continued to be under increasingly
intense and formalized systems of controls, many of which appeared to
be aimed at facilitating enforcement of ``social stability'' and
undermining the religious authority of the Dalai Lama. The government's
attempts to assert control over all aspects of Tibetan Buddhist
monastic and religious practice through such means as compulsory
``patriotic education'' and ``legal education'' campaigns at
monasteries, compulsory denunciation of the Dalai Lama, establishing
permanent CCP and security personnel presence at monasteries, and
taking over the identification and training of reincarnated lamas
(tulku), provoked acts of resistance among the Tibetan population, who
saw it as a threat to the foundations of Tibet's distinct religious,
linguistic, and cultural identity. These acts of resistance, in turn,
led to enhanced attempts by PRC authorities to maintain control, thus
creating cycles of repression that resulted in increasingly desperate
acts by Tibetans, such as a series of self-immolations by Tibetan
Buddhist clergy and laypersons in China's Tibetan areas.
There was severe repression of the freedoms of speech, religion,
association, and movement. Authorities continued to commit serious
human rights abuses, including extrajudicial killings, torture,
arbitrary arrests, extrajudicial detentions, and house arrests. The
preservation and development of Tibet's unique religious, cultural, and
linguistic heritage and unique high plateau environment remained a
concern. As in prior years, authorities intensified controls over
speech, travel, assembly, and religious practice in the TAR and other
Tibetan areas prior to and during politically sensitive dates, such as
the third anniversary of the March 2008 protests and riots in Tibetan
areas, the observance of ``Serf Emancipation Day'' on March 28 (see
Academic Freedom and Protection of Cultural Heritage), the 90th
anniversary of the founding of the CCP on July 1, and the 60th
anniversary of the ``peaceful liberation'' of Tibet on July 19. The
government strictly controlled information about, and access to, the
TAR and Tibetan areas outside the TAR, making it difficult to determine
accurately the scope of human rights abuses.
The consequences of the 2008 protests continued to affect the human
rights situation in Tibetan regions of the PRC. People's Armed Police
(PAP) presence remained at high levels in many communities across the
Tibetan Plateau. In March all major monasteries in the TAR and other
Tibetan areas outside of the TAR were guarded by security forces, and
many shops in Lhasa closed March 14 to mark the anniversary of the
demonstrations and police crackdown. Students and monks in several
areas were detained after reportedly demanding freedom and human rights
and expressing their support for the Dalai Lama.
Deprivation of Life.--There were reports that the government or its
agents committed arbitrary or unlawful killings; however, it was not
possible to verify independently all of these reports. There were no
reports that officials investigated or punished those responsible for
such killings.
According to sources cited by the International Campaign for Tibet,
on December 9, police beat to death Chonjor, a Tibetan man in his
twenties in Xiahe (Sangchu), Gansu Province, reportedly in a case of
mistaken identity. Authorities reportedly paid his family one million
RMB (approximately $158,000) as compensation.
Jampa Pelsang (also known as Puloe), one of several Ganden
Monastery monks imprisoned for reportedly defying a ``patriotic
education'' campaign implemented by the TAR government in 1996, was
released from Qushui (Chushur) Prison May 6, reportedly in grave
physical condition, and died at his home on May 23.
Trinley, a native of Ganzi (Kardze) County, Ganzi (Kardze) Tibetan
Autonomous Prefecture (TAP), died August 10, reportedly due to injuries
sustained from severe beatings he endured during seven months in
custody following his 2009 detention for participating in protests in
Ganzi.
Disappearance.--Jigme Guri, a Tibetan Buddhist monk from Labrang
Monastery in southern Gansu Province, reportedly was taken into police
custody on August 25. His whereabouts and the charges against him were
unknown at year's end. In 2008 Jigme Guri recorded a YouTube video
detailing abuses he allegedly suffered at the hands of prison officials
during previous detentions. By his own account, the prison beatings
left him unconscious for six days and required two hospitalizations.
The whereabouts of the Panchen Lama, Gedun Choekyi Nyima, Tibetan
Buddhism's second-most prominent figure after the Dalai Lama, remained
unknown. In 2010, a government official in Tibet stated that Gedun
Choekyi Nyima was ``living a very good life in Tibet'' and that he and
his family ``want to live an ordinary life.''
Torture and Other Cruel and Degrading Treatment.--According to the
PRC's constitution, ``the State respects and protects human rights.''
In practice, however, judges cannot apply the constitution in court
cases since its interpretation is reserved exclusively to the Standing
Committee of the National People's Congress. PRC law prohibits torture
and the unlawful taking of life. China signed and ratified the U.N.
Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment but made a reservation on Article 20 that
exempts it from accepting investigations of abuse allegations.
The police and prison authorities in Tibetan areas employed torture
and degrading treatment in dealing with some detainees and prisoners.
Torture.--Tibetans returned from Nepal reportedly suffered torture
while incarcerated or otherwise in official custody, including electric
shocks, exposure to cold, and severe beatings, as well as being forced
to perform heavy physical labor. Security forces routinely subjected
prisoners to ``political investigation'' sessions and punished them if
they were deemed insufficiently loyal to the state.
According to the Dharamsala-based Tibetan Center for Human Rights
and Democracy (TCHRD), on March 16, police severely beat Phuntsog, a
monk at Kirti Monastery in Aba (Ngaba), Tibetan and Qiang Autonomous
Prefecture (T&QAP), Sichuan Province, after he set himself on fire.
Phuntsog succumbed to his injuries the next day, after which up to
1,000 local Tibetans reportedly staged a peaceful protest that was
violently suppressed by the PAP. A series of 12 reported self-
immolations by Tibetan Buddhist clergy and laypersons followed during
the year. Eight of the 12 Tibetans who self-immolated were affiliated
with Kirti and other monasteries located in Aba (Ngaba), T&QAP, Sichuan
Province, where repression was particularly intense. Of the remaining
four self-immolations, three took place in Ganzi (Kardze) TAP, Qinghai
Province, and one in the TAR.
On July 25, the Tibet Post International (an online publication of
Tibetan journalists in exile) reported that Wangchuk, a political
activist from Qinghai Province, was diagnosed with brain damage
following his June 8 release from prison after serving a three-year
sentence for separatist activities. Wangchuk reportedly was arrested in
2008 for planning to demonstrate with a Tibetan flag outside a
monastery.
According to the TCHRD, Sonam Choedon, a nun detained after
participating in a 2008 protest at Pangri-Na Nunnery in Lhoba Township,
Ganzi (Kardze) County, Ganzi (Kardze)TAP, was released from detention
in October 2010, reportedly suffering from severe mental disability
after having been pistol whipped in detention.
Prison and Detention Center Conditions.--In 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 Reform Through Labor (RTL) system.
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 or sheets.
Former detainees reported being confined side by side with 20 to 30
cellmates for many days. In addition prison authorities banned
religious observances.
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. Former detainees also
complained that they often failed to receive money, food, clothing, and
books sent by their families because such items routinely were
confiscated by prison guards.
According to local sources in Lhagong Township, Kangding (Dardo)
County, Ganzi (Kardze)TAP, Yondan Gyatso, a 30-year-old monk, was
released to his family in early 2010 following three months of
detention. Blind, deaf, and unable to walk or remember anything at the
time of his release, Yondan Gyatso reportedly recovered some memory but
remained severely disabled following his ordeal. Local Tibetans who
know the monk suspected that authorities used psychoactive drugs that
resulted in permanent physical and mental damage. There were other
reports of suspected abuse of psychiatric drugs with detainees in
Tibetan areas.
Arbitrary Arrest or Detention.--Arbitrary arrest and detention
continued to be a problem 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 detainee. In practice, police frequently violated these
requirements. Many prisoners were subject to the RTL system operated by
the Ministry of Public Security or to other forms of detention not
subject to judicial review.
During the sustained official crackdown on the Kirti Monastery in
Sichuan's Aba (Ngaba) County following the self-immolation of a Tibetan
monk there in March, authorities forcibly removed hundreds of monks
from the monastery, sending some back to their hometowns and detaining
others. The several hundred monks who remained in the monastery were
required to spend months participating in small-group ``legal
education'' sessions led by approximately 100 government officials.
Denial of Fair Public Trial.--Legal safeguards for Tibetans
detained or imprisoned were inadequate in both design and
implementation. In 2009 a TAR Justice Bureau official claimed that all
seven city- and prefectural-level administrative divisions in the TAR
had established legal assistance centers that offered services in the
Tibetan language. Prisoners had the right to request a meeting with a
government-appointed attorney, but in practice many defendants,
particularly political defendants, did not have access to legal
representation. During the year the heads of the TAR Legal Affairs
Committee, Justice Department, Procuratorate, and Public Security
Department were all ethnic Han.
Trial Procedures.--In cases that authorities claimed involved
``endangering state security'' or ``separatism,'' 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. Authorities sentenced Tibetans for alleged support of
Tibetan independence regardless of whether they were alleged to have
committed violent acts.
According to the Tibet Daily (the official TAR Party newspaper),
the TAR was implementing a policy of strengthening the CCP's management
of lawyers in the region to ensure their work was carried out ``in the
correct direction.'' According to an April 18 Tibet Daily article, as
of 2009 there were 17 law firms and 101 attorneys in the TAR, as well
as 72 government law offices operating under the direct supervision of
the TAR Justice Bureau. Of the 17 law firms, 11 had their own CCP
committee and six shared a CCP committee with the Justice Bureau in
their prefecture. As is required throughout the PRC, a CCP development
leader was assigned to law firms that had no party organization.
Political Prisoners and Detainees.--An unknown number of Tibetans
were detained, arrested, and/or sentenced as a result of their
political or religious activity. Many prisoners were held in
extrajudicial RTL prisons and never appeared in public court.
Based on information available from the U.S. Congressional-
Executive Commission on China's (CECC) political prisoner database, as
of September 1, 527 Tibetan political prisoners were imprisoned in
Tibetan areas. The actual number of Tibetan political prisoners and
detainees was believed to be much higher, but the lack of access to
prisoners and prisons, as well as the dearth of reliable official
statistics, made this impossible to determine. An unknown number of
prisoners continued to be held under the RTL system. Of the 527 Tibetan
political prisoners tracked by the CECC, 483 were ethnic Tibetans
detained on or after March 10, 2008, and 44 were Tibetans detained
prior to March 10, 2008. Of the 483 Tibetan political prisoners who
were detained on or after March 10, 2008, 264 were believed or presumed
to be detained or imprisoned in Sichuan Province; 160 in the TAR, 23 in
Gansu Province, 34 in Qinghai Province, one in the Xinjiang Uighur
Autonomous Region, and one in Beijing Municipality. There were 113
persons serving known sentences, which ranged from 1+ years to life
imprisonment; the average sentence length was seven years and two
months. Of the 113 persons serving known sentences, 62 were monks,
nuns, or Tibetan Buddhist teachers.
On August 30, Xinhua News Agency reported that the Ma'erkang
(Barkham) People's Court located in Aba (Ngaba), T&QAP convicted three
monks from the Kirti Monastery of ``intentional homicide'' in relation
to the March self-immolation of Phuntsog (see Torture and Other Cruel
and Degrading Treatment above). The court sentenced Tsering, Tenzin,
and Tenchum to 13 and 10 years in prison, respectively, for allegedly
instigating and assisting Phuntsog's self-immolation. In a separate
trial, another Kirti monk, Phuntsog's uncle Drongdru, was sentenced to
11 years in prison on similar charges.
A number of monks were sentenced to prison terms in the lead-up to
and during the politically sensitive period when China celebrated the
90th anniversary of the founding of the CCP on July 1 and the 60th
anniversary of the ``peaceful liberation'' of Tibet on July 19. Several
of the monks were from Kirti Monastery.
According to TCHRD, eight monks (Karma Samten, Jigtak, Sherab, Gaya
Tashi, Urgen Samten, Karma Soepa, Karma Monlam, and Dosam) from Surmang
Monastery, Nangchen County, Yushu (Yulshul) TAP, Qinghai Province, were
arrested July 12 for refusing to celebrate the CCP anniversary. The
eight reportedly were detained and taken to Nangchen County Police
Detention Center after approximately 300 monks walked out of a
mandatory ``legal education'' meeting convened by county and PSB
officials at the monastery.
TCHRD reported that on July 10, PSB officials severely beat and
took into custody three young men--Lobsang Phuntsok, Samphel Dhondup,
and Lobsang Lhundup--all students in Dhargye Norzin Village, Ganzi
(Kardze) County, Ganzi (Kardze)TAP, who shouted slogans and distributed
pamphlets that contained the phrases ``Freedom in Tibet,'' ``Bring Back
the Dalai Lama,'' and ``May the Dalai Lama and all Tibetans Unite
Soon'' at Ganzi (Kardze) County market in Ganzi (Kardze) TAP. According
to TCHRD, a Ganzi (Kardze) County court sentenced Samphel Dhondup to
three years in prison on August 20 and released Lobgsang Phuntsok and
Lobgsang Lhundup the same day.
According to human rights groups, the Aba (Ngaba) County Court
sentenced two Kirti Monastery monks, Lobsang Dhargye and Kunchok
Tsultrim, to three-year prison terms in May. Although the charges
against the two monks were unknown, Lobsang Dhargye had previously been
detained for five months after appearing on film participating in the
March 2008 protests.
Status of Freedom of Speech and Press.--Freedom of Speech.--
Tibetans who spoke to foreign reporters, attempted to relay information
to foreigners outside the country, or communicated information
regarding protests or other expressions of discontent through cell
phones, e-mail, or the Internet were subject to harassment or
detention. The whereabouts of 59 individuals convicted in 2009 for
``creating and spreading rumors'' after the 2008 unrest remained
unknown. Lhasa residents reported they avoided sensitive topics even in
private conversations in their own homes.
According to reports, Tibetan writer Kalsang Tsultrim was sentenced
on December 30 to four years' imprisonment by the Kanlho Intermediate
People's Court, Gansu Province, for releasing a video message with
political content.
Freedom of Press.--The government severely restricted travel by
foreign journalists to Tibetan areas. The entire TAR was closed to
foreigners in the lead-up to and during the politically sensitive month
of July, when the PRC celebrated the 90th anniversary of the founding
of the CCP on July 1 and the 60th anniversary of the ``peaceful
liberation'' of Tibet on July 19. Foreign journalists reported they
could gain access to the TAR only by participating in highly structured
government-organized tours, where the constant presence of government
minders made independent reporting difficult. Outside the TAR, foreign
journalists frequently were expelled from Tibetan areas despite
government rules, adopted in 2008, which stated that foreign
journalists did not need the permission of local authorities to conduct
reporting.
On June 11, the ``All-China Project Everest Conference on Sweeping
Out Pornographic and Illegal Publications'' was held in Lhasa. The
conference highlighted the achievements of ``Project Everest,'' which
was initiated in 2009 to crack down on publications in the TAR and
other Tibetan areas that contained content related to Tibetan
independence.
The government continued to jam radio broadcasts of Voice of
America's (VOA) and Radio Free Asia's (RFA) Tibetan- and Chinese-
language services in some Tibetan areas, as well as the overseas-based
Voice of Tibet. In Tibetan areas of southern Gansu Province and the
Ganzi (Kardze) TAP 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. Some dishes were
replaced with government-controlled cable television systems. Some
Tibetans reported they were able to listen to overseas Tibetan-language
radio and television broadcasts through the Internet.
In June official news media reported that the Lhasa City Radio and
Television Bureau confiscated 100 illegal satellite dishes in Lhasa.
Tibetan sources confirmed that such official seizures were common
across the TAR and Tibetan areas of Sichuan, Qinghai, Gansu, and Yunnan
provinces.
Domestic journalists generally did not report on repression in
Tibetan areas, and the postings of bloggers who did so were promptly
censored, and their authors sometimes faced punishment. Official media
rarely referred to unrest in Tibetan areas, although some official
publications targeting the overseas Chinese community published
articles blaming the ``Dalai clique'' and other ``outside forces'' for
instigating the Tibetan self-immolations. Journalists who worked for
the domestic press were tightly controlled and could be hired and fired
on the basis of political reliability. For example, on March 19, the
Lhasa Daily contained an advertisement from the Tibet Justice Daily,
which was seeking five new reporters. According to the advertisement,
applicants had to meet five conditions, the first of which was that
they must support the CCP party line, principles and policies,
safeguard national unity, and be politically steadfast.
Violence and Harassment.--On July 5, PSB officers reportedly
removed writer Pema Rinchen from his home in Luhuo (Draggo) County,
Ganzi (Kardze) TAP. He was brought the next day to the county hospital
for emergency treatment for injuries sustained during severe beatings
while in police custody. Pema Rinchen had self-published a book in
January entitled Look. The book included interviews with Tibetans who
had been arrested and tortured in connection with the 2008 protests, as
well as criticism of government policies, including the official
suppression of the 2008 protests and the official response to the April
2010 earthquake in Yushu (Yulshul) TAP, Qinghai Province.
Internet Freedom.--Cellular phone and Internet service in the TAR
and Tibetan areas of Sichuan, Qinghai, and Gansu provinces were
curtailed during politically sensitive periods, such as the March
anniversaries of the 2008 protests and ``Serf Liberation Day'' (see
Academic Freedom and Protection of Cultural Heritage) and the July
anniversaries of the founding of the CCP and the ``peaceful
liberation'' of Tibet. In addition many Web sites were shut down and
Internet cafes closely monitored during major religious, cultural, and
political festivals in Tibetan areas.
Official censorship greatly hampered the development of Tibetan-
language Internet sites. Although government-funded projects designed
to improve Tibetan-language computer interfaces made Tibetan language
computing easier, 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. The popular
social media microblogging site QQ in 2009 ceased permitting users to
log on in Tibetan.
Official media reported that the Internet Security Supervision
Detachment of the Lhasa PSB required the owners of 104 Lhasa Internet
cafes to attend an April 29 ``Internet Cafe Security Management''
meeting, where they had to sign a ``responsibility document'' pledging
to ensure Internet security. The stated purpose of the meeting was to
``purify the Internet, safeguard national security and ensure social
stability'' in the lead-up to and during the dual celebrations in July
(i.e., the 90th anniversary of the founding of the CCP and the 60th
anniversary of the ``peaceful liberation'' of Tibet). Also in April,
law enforcement officials in Changdu (Chamdo) County, TAR, raided 15
Internet cafes, confiscating equipment that promoted illegal
``separatist'' or ``Tibet independence'' content.
In August, following the self-immolation of monk Tsewang Norbu in
Tawu (Daofu), Ganzi(Kardze) TAP, local authorities cut off all Internet
and text-messaging services in the area.
Most foreign Tibet-related Web sites critical of official policy in
Tibetan areas were blocked to users in China throughout the year.
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.
Academic Freedom and Cultural Events.--Authorities in Tibetan areas
required professors and students at institutions of higher education to
attend political education sessions in an effort to prevent
``separatist'' political and religious activities on campus. 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 the PRC who publicly
criticized 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 or cultural
exchanges.
In a January speech, the director of the TAR Academy of Social
Sciences called on the academy to serve as the TAR Party Committee's
think tank and as a strong ideological force for fighting separatism
and exposing the ``Dalai clique.'' At a January 16 meeting in Lhasa
chaired by then TAR Party Secretary Zhang Qingli to discuss propaganda
priorities for the year, TAR Party and government leaders were urged to
continue to criticize the ``Dalai clique,'' investigate and prevent the
influx of toxic cultural influences, and promote such themes as
``communism, socialism, and the People's Liberation Army are good'' and
``love the Party and the motherland.''
In an opinion piece published in official media in January, the
director of the TAR State Security Bureau called for the development of
Tibet's tourism and cultural industries to combat the weakening of
national identity and other ``negative'' effects of placing ``too much
emphasis on the promotion of Buddhist religious faith.''
Policies promoting planned urban economic growth, rapid
infrastructure development, the influx of non-Tibetans to traditionally
Tibetan areas, the expansion of the tourism industry, the forced
resettlement of nomads and farmers, and the weakening of Tibetan-
language education at the middle and high school levels continued to
disrupt traditional living patterns and customs.
From December 2010 to February 2011, authorities in Lhasa launched
another in a series of annual winter ``Strike Hard'' campaigns.
According to official reports, in the early days of the campaign,
approximately 575 police raided more than 1,262 guest houses, Internet
cafes, entertainment centers, and bars, while 300 police raided Lhasa
schools. Although ostensibly an anti-crime 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.
Reportedly, even certain ringtones were deemed subversive and could
lead to detention.
On March 28, the TAR marked its third annual observance of ``Serf
Emancipation Day,'' commemorating the day in 1959 that China's rulers
formally dissolved the Kashag, the Tibetan local government. During the
official celebration, government officials and representatives from
rural villages and monasteries were required to denounce the Dalai
Lama.
Some observers expressed concern that development projects and
other central government policies disproportionately benefited non-
Tibetans and resulted in a considerable influx of ethnic Han and Hui
people into the TAR. Infrastructure upgrades such as improved roads,
more frequent air service, and the TAR-Qinghai railway, which made
travel more affordable, increased the frequency with which non-Tibetans
from other parts of the PRC visited the TAR. According to the official
Xinhua News Agency, in 2006 there were 180,000 ethnic Han with
household registration in the TAR. According to an official TAR report,
by 2011 this number had increased to 245,000. Many people from outside
the TAR who had spent years living in the TAR maintained their official
registration in another province and thus were not counted as TAR
residents.
Even in areas officially designated as ``autonomous,'' Tibetans
generally lacked the right to play a meaningful role in the protection
of their cultural heritage and unique natural environment and faced
arrest and intimidation if they protested against mining or other
industrial activities that they felt were harmful to the environment or
sacred sites. In November 2010, 15 Tibetans, including five monks from
nearby Lingka Monastery, were detained, and several others injured when
armed riot police and PSB officials were dispatched to suppress
hundreds of Tibetans who attempted to disrupt operations at the
controversial Xietongmen (Shethongmon) copper-mining project near
Rikaze (Shigatse), TAR. The detained monks, Khenpo Kelsang, Jamyang
Tsering, Tsewang Dorje, Rigzin Pema, and Jamyang Rigsang, reportedly
were taken to detention centers in Xietongmen (Shethongmon) and Rikaze
(Shigatse).
Tibetan and Mandarin Chinese are official languages in the TAR, and
both languages appeared on some, but not all, public and commercial
signs. Inside official buildings and businesses, including banks, post
offices, and hospitals, signage in Tibetan was frequently lacking, and
in many instances, forms and documents were available only in Mandarin.
Mandarin was widely spoken and was used for most official
communications. 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 1.2 percent in 2011. Many observers
questioned that figure, and some contended that the actual illiteracy
rate among Tibetan youth and working-age adults was between 40 and 50
percent.
The Tibetan-language curriculum for primary and middle schools in
Tibetan areas was predominantly translated directly from the standard
national Mandarin-language curriculum, offering Tibetan students very
little insight into their own culture and history. Few elementary
schools in Tibetan areas used Tibetan as the primary language of
instruction. In Kangding (Dardo), Ganzi (Kardze) TAP, elementary
schools did not offer instruction in Tibetan. Despite guarantees of
cultural and linguistic rights, in middle and high schools--even some
officially designated as Tibetan-language schools--Tibetan was usually
used only to teach classes on Tibetan language, literature, and
culture, and all other classes were taught in Mandarin. Of more than 15
middle and high schools in Aba (Ngaba), T&QAP, Sichuan Province, only
three schools taught primarily in Tibetan. Early in the year, the TAR
government launched an effort to strengthen free compulsory bilingual
preschool education in rural areas by establishing 217 bilingual
kindergartens in the region. Qinghai Province and Ganzi (Kardze) TAP
and Aba (Ngaba), T&QAP in Sichuan Province announced similar programs
during the year.
Proficiency in Mandarin was essential to qualify for higher
education in the PRC. China's most prestigious universities provided no
instruction in Tibetan or other ethnic minority languages.
``Nationalities'' universities, established to serve ethnic minority
students and ethnic Han students interested in ethnic minority
subjects, only offered Tibetan-language instruction in courses focused
on the study of the Tibetan language or culture and were widely
considered to offer a lower quality education overall. Since Tibetan-
language instruction was not offered in other higher-education
subjects, there was a dearth of technically trained and qualified
ethnic Tibetans, and jobs in Tibetan areas that required technical
skills and qualifications were typically filled by migrants from other
areas of China. Tibetan Buddhist monks, in some cases the leading
scholars on Tibetan studies, were barred from teaching at universities
due to their religious office and lack of academic credentials
recognized by the Ministry of Education.
See the Department of State's International Religious Freedom
Report at http://state.gov/j/drl/irf/rpt.
Freedom of Movement.--The law provides for freedom of movement
within the country, foreign travel, emigration, and repatriation;
however, in practice, the government severely restricted travel and
freedom of movement of ethnic Tibetans.
In-country Movement.--Freedom of movement, particularly for monks
and nuns, was severely limited within Lhasa and throughout the TAR, as
well as in Tibetan areas of Qinghai, Gansu, and Sichuan provinces.
Anecdotal evidence indicated this was less of a problem in Tibetan
areas of Yunnan Province, where Tibetans made up only one quarter of
the population, and rarely protested against government policies. The
PAP and local PSBs set up roadblocks and checkpoints on major roads, in
cities, and on the outskirts of cities and monasteries, particularly
around sensitive dates. Tibetans traveling in monastic 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 visiting monks to stay temporarily at a particular monastery for
religious education.
Non-ethnic Tibetan Buddhist monks, particularly ethnic Han, were
allowed only temporary visits to Tibetan Buddhist monasteries. Local
religious affairs authorities often prohibited ethnic Han or foreign
Tibetan Buddhists from staying in monasteries for long-term study.
Foreign Travel.--Many Tibetans, particularly prominent religious
and cultural figures, scholars, and activists, as well as those from
rural areas, reported increased difficulties in obtaining new or
renewing existing passports. Some attributed this to what they believed
to be official attempts to limit Tibetan attendance at Buddhist
teaching conferences (Kalachakra) convened by the Dalai Lama. Some
Tibetans reported they were able to obtain passports only after having
paid substantial bribes or making promises not to travel to India. In
other cases, Tibetan students with scholarships to foreign universities
were precluded from study abroad because authorities refused to issue
them passports. Some monks from Tibetan areas of Yunnan Province who
left the PRC for India without proper documentation reported being able
to return on a limited basis and then allowed to leave again for India.
Tibetans continued to encounter substantial difficulties and
obstacles in traveling to India for religious, educational, and other
purposes. According to reports, ethnic Tibetan government and CCP
cadres in the TAR and Ganzi (Kardze) TAP were not allowed to send their
children to study abroad. Tight border controls sharply limited the
number of persons crossing the border into Nepal and India. During the
year 739 Tibetan refugees transited Nepal through the Tibetan Reception
Center run by the U.N. High Commission for Refugees in Kathmandu en
route to permanent settlement in India, down from 874 in 2010 and 2,156
in 2007.
The government restricted the movement of Tibetans in the lead-up
to and 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
detainees. Travel became increasingly difficult and communications were
sometimes cut off, particularly in Sichuan's Aba (Ngaba), T&QAP as the
series of self-immolations at Kirti Monastery that began in March
continued.
The government regulated travel by foreigners to the TAR. In
accordance with a 1989 regulation, foreign visitors must 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. Foreign tourists were generally
only permitted to enter the TAR by airplane or rail; obtaining
permission to drive to the TAR was difficult.
In what has become an annual phenomenon, foreign tourists were
banned from the TAR in the lead-up to and during the March anniversary
of the 1959 Tibetan uprising and the dual anniversaries in July of the
founding of the CCP and the ``peaceful liberation'' of Tibet. During
the times that foreign tourists were permitted to enter the TAR, the
requirement that they remain with organized tour groups was enforced
more strictly than in the past.
Officials continued to restrict severely the access of diplomats
and journalists to Tibet. Foreign officials were able to travel to the
region only with the permission of the TAR Foreign Affairs Office
(FAO), and even then only on closely chaperoned trips arranged by the
FAO. Such permission was difficult to obtain. During the year
authorities denied three out of four U.S. government requests for
official travel to the TAR. Official visits to the TAR that were
approved were supervised closely, and delegation members were afforded
very few opportunities to meet local residents not previously approved
by the authorities. Foreign diplomats who legally traveled in some
Tibetan areas outside of the TAR, such as the Ganzi (Kardze) TAP and
Aba (Ngaba), T&QAP, were repeatedly approached by local police and
forced to leave without reasonable explanation. With the exception of a
few highly controlled trips, authorities repeatedly denied requests for
international journalists and observers to visit the TAR and other
Tibetan areas.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
Women.--Rape and Domestic Violence.--There was no confirmed
information on the incidence of rape or domestic violence in Tibetan
areas, although a Tibetan resident of a Tibetan area of Sichuan
Province said that gender-based violence, including rape, was common
among Tibetan herders and often went unreported.
Reproductive Rights.--Family planning policies permitted ethnic
Tibetans and members of some other minority groups to have more
children than ethnic Han. Some ethnic Tibetans who had permanent
employment in urban areas, or were CCP members or served as government
officials, were limited to two children, as were some ethnic Han living
in Tibetan areas. Depending upon the county, rural Tibetans in the TAR
were sometimes encouraged to limit births to three children. The TAR
was one of the few areas of the PRC that did not have a skewed sex
ratio resulting from sex-selective abortion and inadequate health care
for female infants.
Lack of knowledge about HIV transmission and economic pressure led
many female sex workers to engage in unprotected sex. Diagnosis and
treatment of sexually transmitted diseases, including HIV/AIDS,
appeared to be nondiscriminatory.
Discrimination.--There were no formal restrictions on women's
participation in the political system, and women held many lower-level
government positions. Women were underrepresented at the provincial and
prefectural levels of government, however. According to an official Web
site, female cadres in the TAR accounted for more than 30 percent of
the TAR's total cadres.
Children.--According to official policy, primary education was
compulsory, free, and universal. According to official TAR statistics,
during the year, 99.2 percent of children between the ages of six and
13 attended school, and 90 percent of the TAR's primary school students
attended lower middle school, for a total of nine years of education.
In 2003 the U.N. special rapporteur on the right to education reported
that official PRC education statistics did not accurately reflect
attendance and were not independently verified.
Societal Violence.--Feuds among Tibetan herders and the resulting
violence, in some cases including killings, was a serious problem. Some
Tibetans in Ganzi (Kardze) TAP commented that lack of police protection
in cases of violence among Tibetans was also a serious issue.
In mid-December a fight broke out between ethnic Han and ethnic
Tibetan students at the Chengdu Railway Vocational High School in
Chengdu, Sichuan Province. Reportedly the culmination of tensions
relating to ethnic bullying and anger at preferential treatment given
to minority students, the brawl resulted in an unknown number of
injuries.
Ethnic Minorities.--Although TAR census figures showed that as of
November 2010, Tibetans made up 90.5 percent of the TAR's permanently
registered population, official figures did not include a large number
of long-, medium-, and short-term ethnic Han residents, such as cadres
(government and party officials), skilled and unskilled laborers,
military and paramilitary troops, and their respective dependents.
According to a Lhasa city official, 260,000 of the 450,000 individuals
living in downtown Lhasa during the year belonged to this ``floating''
population.
Migrants to the TAR were overwhelmingly concentrated in urban
areas. Government policies to subsidize economic development often
benefited ethnic Han more than ethnic Tibetans, causing resentment.
Small businesses, mostly restaurants and retail shops, run by ethnic
Han and Hui migrants predominated in cities throughout Tibetan areas.
Ethnic Tibetans continued to make up nearly 98 percent of those
registered as permanent residents in rural areas, 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 also
offered nomads monetary incentives to kill or sell their livestock and
move to newly created Tibetan communities in rural areas. There were
reports of compulsory resettlement where promised compensation was
either inadequate or not paid at all. According to a January Xinhua
report, 274,800 households in the TAR, including 1.4 million farmers
and herders, were covered by a resettlement project that provided funds
for the construction of permanent housing. A November 2010 article in
the official press claimed that such resettlement programs were the
``foundation for fighting the Dalai clique,'' and resettled farmers and
herders would ``pray to Buddha less and study culture and technology
more.''
Improving housing conditions, health care, and education for
Tibet's poorest were among the stated goals of resettlement, although
there was a pattern of settling herders near townships and roads and
away from monasteries, which were the traditional providers of
community and social services. A requirement that villagers build
houses according to official specifications within two or three years
often forced resettled families into debt to cover construction costs.
Although a 2010 state media report noted that ethnic Tibetans and
other minority ethnic groups made up 70 percent of government employees
at the provincial level in the TAR, the top CCP position of TAR Party
Secretary continued to be held by an ethnic Han, and the corresponding
position in approximately 90 percent of all TAR counties was also held
by an ethnic Han. Also within the TAR, ethnic Han continued to hold
most of the top security, military, financial, economic, legal,
judicial, and educational positions. Tibetans holding government and
CCP positions were often prohibited from openly worshipping at
monasteries or otherwise practicing their religion. Of Chinghai
Province's six TAPs, five were headed by ethnic Han party secretaries,
and one by an ethnic Tibetan party secretary. Gansu Province's sole TAP
was headed by an ethnic Han party secretary. There were several ethnic
Tibetan party secretaries at the county level in Tibetan areas of
Qinghai, Sichuan, Gansu, and Yunnan provinces.
Economic and social exclusion was a major source of discontent
among a varied cross section of ethnic Tibetans, including business
operators, workers, students, university graduates, farmers, and
nomads. Some ethnic Tibetans reported that they experienced
discrimination in employment, and some job advertisements in the TAR
expressly noted that ethnic Tibetans were not welcome to apply. Some
claimed that ethnic Han were hired preferentially for jobs and received
higher salaries for the same work. Some Tibetans reported that it was
more difficult for ethnic Tibetans than ethnic Han to obtain permits
and loans to open businesses. Restrictions on international
nongovernmental organizations (NGOs) that provided assistance to
Tibetan communities resulted in the elimination of many beneficial NGO
programs and the expulsion of most foreign NGO workers from the TAR and
other Tibetan areas.
Government propaganda against alleged Tibetan ``pro-independence
forces'' contributed to growing societal discrimination against
ordinary Tibetans. Sources reported that security personnel targeted
individuals in monastic attire for arbitrary questioning and other
forms of harassment on the streets of Lhasa and other cities and towns.
Many Tibetan monks and nuns chose to wear non-religious garb to avoid
such harassment when traveling outside their monasteries and around
China. Some Tibetans in Chengdu reported that taxi drivers refused to
stop for them.
The TAR tourism bureau continued its policy of refusing to hire
ethnic Tibetan tour guides who had been 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 inland China, apparently for their
greater political reliability, and put to work after receiving a crash
course on Tibet.
__________
Hong Kong
executive summary
Hong Kong 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.
The three most important human rights problems reported were the
limited ability of citizens to participate in and change their
government; an increase in arbitrary arrest or detention and other
aggressive police tactics hampering the freedom of assembly; and a
legislature with limited powers in which certain sectors of society
wield disproportionate political influence.
Other areas of reported concern include increasing limitations on
freedom of the press and self-censorship; increasing denial of visas
for political reasons; alleged election fraud; trafficking in persons;
and societal prejudice against certain ethnic minorities.
The government took steps to prosecute and punish officials who
committed abuses.
Section 1. Respect for the Integrity of the Person, Including Freedom
from:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the government or its agents committed arbitrary or
unlawful killings.
On January 21, the High Court (Court of First Instance) dismissed a
judicial review challenging the inquest in the case of ethnic Nepali
Dil Bahadur Limbu. A police constable shot and killed Limbu in 2009
when he resisted the constable's request to examine his identity
documents. The High Court ruled that the coroner had misapplied the law
regarding the scope of the inquest. In May 2010 a jury ruled that
Limbu's death was a lawful killing.
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,
but there were some reports that government officials employed them. In
the first half of the year, the police force's Complaints Against
Police Office (CAPO) received 120 complaints that involved 137
allegations of assault by police officers on persons in custody.
Thirty-two cases were found ``not pursuable,'' 65 were withdrawn, and
40 were pending investigation and endorsement by the Independent Police
Complaints Council (IPCC). There were 14 allegations of assault by
police officers on persons not in custody. Five were found ``not
pursuable,'' three were withdrawn, one was found unsubstantiated, one
false, and four were pending investigation as of June.
In May, Alex Diallo Mamadou, an asylum seeker from West Africa,
claimed undercover police detained him for 48 hours in September 2010
in a police station where he was physically abused with his hands bound
by a plastic cord. Diallo said he was jogging when police detained him
with a group of suspected Pakistani illegal immigrants. He also said
the police beat him and the Pakistanis. According to CAPO, police
arrested Diallo for unlawful assembly and possession of offensive and
prohibited weapons. CAPO is investigating Diallo's complaint on the
``police's use of plasticuffs for long hours.''
Prison and Detention Center Conditions.--Prison and detention
center conditions generally met international standards, and the
Correctional Services Department (CSD) permitted visits by independent
human rights observers.
During the year the CSD managed 24 penal institutions with a
certified accommodation capacity of 11,144 places. As of September 30,
Hong Kong's total prison population was 9,456. The average occupancy
rate for all penal institutions was 88 percent. The CSD admitted
overcrowding was a problem in certain types of penal institutions, such
as remand facilities and maximum-security institutions. Prisoners
generally had access to potable water. The Hong Kong Human Rights
Monitor reported that some detainees at the Lo Wu Correctional
Institution complained about poor airflow due to a lack of adequate
windows and electric fans in the summer and little warm clothing for
inmates during the winter.
There were two deaths in police custody; both were under
investigation. In the first six months of the year, there were seven
reported deaths of persons in custody of the Correctional Services
Department. Inquest results had not been reported by year's end.
Prisoners and detainees were able to send and receive letters,
receive regular visits, manifest their religious beliefs or practices,
and attend available religious services in correctional institutions.
Authorities permitted prisoners and detainees to submit complaints to
judicial authorities without censorship, request investigation of
credible allegations of inhumane conditions, and initiate legal action
against any alleged inhumane conditions. Judicial 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, and there was an external Office of the Ombudsman. There
were no reports of steps taken to improve recordkeeping or use
alternatives to sentencing for nonviolent offenders.
The government permitted human rights groups to conduct prison
visits. In the first six months of the year, there were eight media
visits, one visit by a human rights organization, and 218 visits by
justices of peace. Justices of the peace 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 government regularly assessed how to expand prison capacity and
provide vocational training and educational opportunities to the
incarcerated.
d. Arbitrary Arrest or Detention.--The law prohibits arbitrary
arrest or detention, but a number of incidents this year resulted in an
increased use of arbitrary arrest and detention.
Role of the Police and Security Apparatus.--Civilian authorities
maintained effective control over the Hong Kong Police Force, 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.
Human rights activists and some legislators expressed concern that
all IPCC members were appointed by the Chief Executive (CE) and that
the IPCC's lack of power to conduct independent investigations limited
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 Chairman Jat Sew-tong told the
media he was confident that, if needed, he could approach the police
commissioner and any officer so requested would be ordered to
participate.
There was a widespread public perception that police abuse of power
increased dramatically during the year. Public dissatisfaction with the
police rose to a record high of 20 percent.
Arrest Procedures and Treatment While in Detention.--Suspects
generally were apprehended openly with warrants based on sufficient
evidence and issued by a duly authorized official. They 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 informed promptly of charges against them.
There was a functioning bail system, and detainees were allowed ready
access to a lawyer of their choice and family members.
Arbitrary Arrest.--The Civil Human Rights Front reported that, for
the first time since the 1997 handover, police detained one of Hong
Kong's most well-known and respected human rights activists, Law Yuk-
kai, after his participation in the annual July 1 march commemorating
the 1997 handover.
In August, during PRC Vice Premier Li Keqiang's visit to Hong Kong,
unidentified security personnel detained a man wearing a ``vindicate
June 4'' (a reference to the 1989 Tiananmen massacre) t-shirt during a
visit to a public housing complex, and police detained three student
demonstrators during Li's speech at the University of Hong Kong (HKU)
in what has now become known as the ``818'' incident. The police
behavior raised a public outcry. HKU Vice Chancellor Tsui Lap-chee
later resigned, although he claimed his decision was unrelated. The
police formed a committee to investigate the circumstances surrounding
the visit, including the conduct of some officers involved in the
incident. The independent Bar Association issued a statement critical
of police security arrangements following Vice Premier Li's visit.
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 degrade the court's authority.
In September the Court of Final Appeal requested the NPC/SC's
interpretation, for the first time since the former British colony
returned to Chinese rule in 1997, on a sovereign immunity case
involving the Democratic Republic of the Congo. Activists complained
that the court did not need to seek Beijing's input and that doing so
jeopardized Hong Kong's judicial autonomy. The court claimed that the
case involved a foreign policy issue, and it was therefore bound by the
Basic Law to seek the NPC/SC's interpretation.
Trial Procedures.--The law provides for the right to a fair public
trial, and an independent judiciary generally enforced this right in
practice. Trials were by jury except at the magistrate and district
court level. An attorney is provided at the public's expense if
defendants cannot afford counsel. Several activists complained that
legal aid did not provide attorneys who were interested in committing
significant attention to their pro bono clients. 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 law a current or former government official
who maintained a standard of living above that commensurate with his or
her 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 were conducted in either
Chinese or English, the SAR's two official languages.
Political Prisoners and Detainees.--There were very limited reports
of political prisoners or detainees. Following artist Ai Weiwei's
detention in mainland China in April, Hong Kong police detained two
local activists who protested Ai's treatment. Activists claimed Beijing
pressured Hong Kong police to assign officers from their serious crimes
units to apprehend a Hong Kong street artist who painted images of Ai
and wrote ``Who's Afraid of Ai Weiwei'' on pavements and public
buildings throughout Hong Kong. When activists chalked copycat
drawings, police detained several before eventually releasing them.
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 law provided 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 consent. Specific exemptions allowed SAR authorities to
transfer personal data to permit prevention, detection, or prosecution
of a crime when certain conditions were 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 were met. The Office of the Privacy Commissioner for
Personal Data worked to prevent the misuse, disclosure, or matching of
personal data without the consent of the subject individual or the
commissioner.
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 U.S.$129,000).
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--Status of Freedom of Speech and
Press.--The law provides for freedom of speech and press, and the
government generally respected these rights in practice. An independent
press, an effective judiciary, and a functioning democratic political
system combined to ensure freedom of speech and of the press.
Freedom of Press.--The Hong Kong Journalists' Association (HKJA)
alleged there were severe restrictions on the media during Vice Premier
Li's visit to Hong Kong. Police prevented journalists from reporting at
about 20 of Li's scheduled activities and were granted access to less
than half of his program, according to the HKJA. The Government
Information Office had exclusive coverage rights for most of the
events. The HKJA also alleged that police performed an arbitrary
security check on at least one member of the media and a security
officer hit a cameraman's recording device to block him from taping.
Then chief secretary for administration Henry Tang claimed that
allegations press freedom was undermined during the visit were
``complete rubbish.''
In January the employees union at the government-owned broadcaster
Radio Television Hong Kong (RTHK) complained that RTHK had cancelled a
live webcast of democratic leader Szeto Wah's funeral because of
political pressure. Other major television stations had live coverage
of the service.
Violence and Harassment.--The International Federation of
Journalists (IFJ) alleged that on July 1 police arrested and detained
two reporters in a police station for more than 10 hours because they
did not produce press cards. Police Commissioner Tsang denied the
arrests had ever occurred. On August 11, the police detained three
journalists for six hours on accusations of attempted burglary at the
New Government Complex. The police later released the journalists
without charge.
Censorship or Content Restrictions.--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 business interests.
Actions to Expand Press Freedom.--In May Legco member Cyd Ho
introduced a nonbinding motion calling on the government to ``safeguard
freedom of the press and the right to expression.'' Only after pro-
Beijing legislators added language stating ``in accordance with the
Basic Law and the principle of one country, two systems'' did the Legco
pass the bill.
Internet Freedom.--There were no government restrictions on access
to the Internet; there was some monitoring of the Internet. Democratic
activists claimed central government authorities closely monitored
their e-mails and Internet use. In a Netizens Power survey, 33 percent
of users of Golden Forum, a popular local Internet community forum,
said they had some of their online posts deleted over the past year and
almost half indicated this was because their posted content was ``too
politically sensitive.''
Activists complained that the government's Copyright Amendments
Bill prohibiting unauthorized use of copyright material in any medium
without permission would threaten freedom of speech. They claimed the
changes would negatively affect works of satire or parody on the
Internet because there would be no ``fair-use exception.'' Some pan-
democratic activists and supporters termed the bill a ``cyberspace
Article 23'' (a reference to controversial anti-subversion measures the
government proposed in 2002 that led to Hong Kong's largest-ever street
demonstrations). The government's position was that the amendments
would strengthen intellectual property rights.
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 an average of seven to eight ``public events'' occurred
every day. However, activists and pan-democratic legislators expressed
concern that the government took a more restrictive view of protests at
the Central Government Liaison Office, which saw several clashes with
protesters end in arrests. Activists alleged the police were acting
under instructions from Beijing, which police denied. The number of
protesters arrested during the year increased from 57 in 2010 to 440.
Authorities claimed these figures reflected the growth in ``radical
protests.''
The IFJ claimed that, after the appointment of Hong Kong Police
Commissioner Andrew Tsang in January, there was a ``rapid erosion'' in
basic civil liberties and that the government and ``in particular the
police'' were becoming more aggressive against protesters. In one
incident the police refused to apologize for spraying pepper spray at
an eight-year-old boy during the March 6 protests over the government's
budget that led to the arrests of 113 individuals.
Activists and some lawmakers expressed concern about the lack of
clear guidelines about whether a person arrested on assault charges
related to public demonstrations 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 (US$644) 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 were
dismissed by the courts, allowing them to use arrest as a means to
intimidate and discredit protesters. The Civil Human Rights Front
nongovernmental organization (NGO) alliance reported that law
enforcement was charging an increasing number of protest participants
under the tougher OAPO.
Organizers of the annual July 1 demonstration complained of heavy-
handed police actions, including excessive force in the arrest of 231
participants and the indiscriminate use of pepper spray against media
observers and protesters. According to media reports, at least 10
people were injured, including two Legco members, and the police
detained another Legco member and his party's chairman. According to
law enforcement authorities, the protesters' actions had halted traffic
in a major thoroughfare for seven hours. One activist was convicted and
fined for erecting a replica of the Goddess of Democracy statue, the
statue raised in Tiananmen Square in 1989.
Freedom of Association.--The law provides for this right, and the
government generally respected it in practice.
c. Freedom of Religion.--See the Department of State's
International Religious Freedom Report at http://state.gov/j/drl/irf/
rpt/.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The law provides for freedom of
movement within the SAR, foreign travel, emigration, and repatriation,
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 make
determinations regarding claims under the U.N. Convention Against
Torture (CAT) independently. As of July there were 6,716 torture claims
pending Immigration Department determination.
The government cooperated with the Office of the U.N. High
Commissioner for Refugees (UNHCR) and other humanitarian organizations
in providing protection and assistance to internally displaced persons,
refugees, returning refugees, asylum seekers, stateless persons, and
other persons of concern.
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 that 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. Authorities denied entry permission to a number of
exiled mainland dissidents including Wang Dan, Wu'er Kaixi, and Wang
Chaohua, who sought to attend the funeral of democratic leader Szeto
Wah in January. In October the authorities' denial of entry to Yang
Jianli, another noted dissident, raised questions about the integrity
of Hong Kong's immigration policy.
In March the High Court overturned the Immigration Department's
January 2010 decision to deny visas to six technicians of the Shen Yun
Performing Arts company, a Falun Gong-affiliated music and dance
troupe.
On September 30, in a landmark decision on the controversial issue
of the right of abode for foreign domestic workers, the Court of First
Instance granted Filipina domestic helper Evangeline Banao Vallejos,
who lived in Hong Kong for 26 years, the right to apply for permanent
residency. The decision was extremely unpopular, as most Hong Kongers
did not wish to extend right of abode to thousands of ``temporary
workers,'' claiming doing so would open the ``floodgates'' to requests
for education, health, employment, and other benefits. At year's end
the government's appeal remained before the Court of Appeal.
Foreign Travel.--Most residents easily obtained travel documents
from the SAR government. However, 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.
Emigration and Repatriation.--Government policy was to repatriate
undocumented migrants who arrived from the mainland, and authorities
did not consider them for refugee status. As of June 30, 2,618
immigration offenders and illegal immigrants were repatriated to the
mainland. The government did not recognize the Taiwan passport as valid
for visa endorsement purposes, although convenient mechanisms existed
for Taiwan passport holders to visit Hong Kong. Beginning in September,
Taiwan visitors to Hong Kong were able to stay for a month if they held
a mainland travel permit.
Protection of Refugees.--Access to Asylum.--The SAR has no
temporary protection policy. The director of immigration has discretion
to grant refugee status or asylum on an ad hoc basis but only in cases
of exceptional humanitarian or compassionate need. The law 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 the CAT, leaving this to the discretion of the
director of immigration, but in practice generally reviewed claims made
under the CAT. Claimants had access to legal counsel from the Duty
Lawyer Service, whose lawyers received training in refugee and torture
claims from the Hong Kong Academy of Law. There was also a system to
appeal decisions by the Immigration Department, with reviews conducted
by experienced magistrates. Several observers, including the Bar
Association and the Law Society, suggested processing refugee and CAT
claims simultaneously to avoid duplicate filings.
Access to Basic Services.--The government, in collaboration with an
NGO, has offered in-kind assistance, including temporary accommodation,
food, clothing, appropriate transport allowance, counseling, medical
services, and other basic necessities, to asylum seekers and torture
claimants who were deprived of basic needs while their claims were
being processed. As of July, 5,759 persons were receiving assistance.
Employment.--Those whose claims were pending have no legal right to
work, and those granted either refugee status by the UNHCR or relief
from removal under the CAT were permitted to work only with approval
from the director of immigration. They were also ineligible for
training by either the Employees Retraining Board or Vocational
Training Council. Applications to attend school or university were
considered on a case-by-case basis at the discretion of the director of
immigration.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The Basic Law limited the right of residents to change their
government peacefully. A portion of the Legco was elected by a subset
of voters representing ``functional constituencies'' (FC) which speak
for key economic and social sectors; under this structure some
individuals were able to control multiple votes for Legco members. The
constituencies that elected the 30 FC Legco seats had fewer voters in
total than the constituency for a single Geographical Constituency (GC)
seat. The government stated that the current method of selecting FC
legislators did not conform to principles of universal suffrage, but it
took no steps to eliminate the FCs.
The Basic Law prohibited the Legco from putting forward bills that
affect public expenditure, political structure, or government policy.
The SAR sent 36 deputies to the mainland's National People's Congress
(NPC) and had 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 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.
The CE used his authority to appoint 68 of the 534 members of the
District Council, Hong Kong's lowest form of elected government,
despite earlier promises to eliminate all appointed seats. The
government stated that it would work on phasing the nonelected seats
out in two tranches in 2016 and 2020, but pan-democrats complained that
this was a violation of a previous understanding between the Legco and
the government.
Elections and Political Participation.--Recent Elections.--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
GCs 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 January 2010, 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.
Responding to this event, and arguing that the democrats used a
loophole to abuse the electoral system and waste public money, the
government presented draft legislation on June 8 to eliminate by-
elections. Angered by the government's efforts to rush the bill through
the Legco, thousands of Hong Kongers (organizers claimed 218,000
participants and the police put the number at 54,000) marched in the
biggest July 1 protest since 2004. The government responded by holding
a public consultation on the reforms and presenting four proposals for
filling vacant seats; many commented that the government's options were
undemocratic. At year's end the Constitutional and Mainland Affairs
Bureau had not sent the government's draft legislation to the Legco.
Following the District Council elections in November, the
Independent Commission Against Corruption (ICAC) received more than
1,182 complaints about the races, including voter tampering and fraud.
By the end of the year, the ICAC was investigating 730 vote-rigging
cases involving 7,700 voters at 2,300 addresses. Some prodemocracy
activists claimed pro-Beijing forces manipulated over 10 percent of the
final results to ensure their supporters' victories. Law enforcement
arrested 53 people in relation to these cases.
Political Parties.--Pan-democratic parties faced a number of
institutional challenges preventing them from holding a majority of the
seats in the Legco or having one of their members become chief
executive. The unique nature of voting for Legco members ensures pro-
business representatives and Beijing's allies control a majority.
Additionally, the Central Government and its business supporters
provided generous financial resources to parties that support Beijing's
political agenda in Hong Kong, ensuring these organizations will
control the levers of government and all senior positions.
Participation of Women and Minorities.--Seven of the 30 members of
the Executive Council (cabinet-level secretaries and ``nonofficial''
councilors who advise the CE) were women. Seven of the 30 directly
elected Legco members were women, and women held four of the 30 FC
seats. Two political parties represented in the Legco were headed by
women. 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 officeholder
have a legal right of abode only in the SAR. There were no members of
ethnic minorities in the Legco. The government regarded ethnic origin
as irrelevant to civil service appointment and did not collect data on
the number of non-ethnic Chinese serving in the civil service, a
practice that some observers criticized as preventing the government
from monitoring hiring and promotion rates for non-ethnic Chinese.
Section 4. Official Corruption and Government Transparency
The law provides criminal penalties for official corruption, and
the government generally implemented it effectively. There were
isolated reports of government corruption during the year.
During the year the ICAC received 4,010 corruption reports, an
increase of 13 percent from 3,535 reports in 2010. Pursuable reports
increased by 12 percent to 3,072. Of the reports, 2,664 concerned the
private sector, 1,117 were related to government departments, and 229
involved public bodies. A total of 283 persons were prosecuted with
convictions in 84 percent of the cases.
In October, ICAC agents arrested five police officers on
allegations that they were either running a brothel or accepting free
sexual services from prostitutes in return for not reporting the
brothel.
There were no legal protections for whistleblowers.
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 was no freedom of information legislation. An administrative
code on access to information served as the framework for the provision
of information by government bureaus and departments and the ICAC.
However, they may refuse to disclose information if doing so would
cause or risk causing harm or prejudice in several broad areas:
national security and foreign affairs (which were reserved to the
central government); immigration issues; judicial and law enforcement
issues; direct risks to individuals; damage to the environment;
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 were not a justifiable basis for
withholding information. Through September the ombudsman received 29
complaints relating to the code.
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.
Government Human Rights Bodies.--There are 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. EOC Commissioner
Lam Woon-kwong continued to serve as 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 provided that all permanent residents were equal, and the
government enforced this in practice. The EOC is responsible for
enforcing the relevant laws.
Women.--Rape and Domestic Violence.--Rape, including spousal rape,
is criminalized under the law, and police enforced the law effectively.
Through June, 55 rape cases and 674 indecent assault cases were
reported to the police. Of these, 51 rape cases and 451 indecent
assault cases were investigated, leading to 57 and 446 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. Through June 957 cases of
domestic violence were reported to, and investigated by, the police.
The law 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. The government enforced the law and
prosecuted violators, but sentences typically consisted only of
injunctions or restraining orders.
The law covers molestation between married couples and heterosexual
cohabitants, former spouses or cohabitants, and immediate and extended
family members. It protects 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 law also empowers
the court to require that the abuser 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 provided intervention and
counseling to batterers. Eight integrated family service centers and
family and child protective services units offered services to domestic
violence victims and batterers. The government continued its public
information campaign to strengthen families and combat violence, and
increased public education on the prevention of domestic violence.
Sexual Harassment.--The law prohibits sexual harassment or
discrimination on the basis of sex, marital status, and pregnancy. The
law applies to both males and females. Through July the EOC received
197 new complaints and handled 316 complaints (including complaints
carried forward from the previous year).
Reproductive Rights.--Couples and individuals had the right to
decide the number, spacing, and timing of children and had the
information and means to do so free from discrimination, coercion, and
violence. Access to information on contraception, skilled attendance at
delivery, and prenatal and postpartum care were widely available. Women
and men were given equal access to diagnostic services and treatment
for sexually transmitted infections.
Discrimination.--Women enjoy the same legal status and rights as
men. As of March 31, women filled 35 percent of the civil service at
all ranks. Women made up 64 percent of the Legco Secretariat workforce
and 54 percent of its senior ``directorate'' ranks, including the
Secretary General and Assistant Secretary General. Twenty-three percent
of judges and judicial officers were women.
According to gender rights activists and public policy analysts,
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. Despite the fact
that the law makes it illegal to discriminate against people of both
sexes, a study by HKU found that women were paid 24 percent less, even
after adjusting for age, education, industry, and occupation, than men
in Hong Kong.
According to the Women's Foundation, women held 9 percent of board
positions listed on the Hang Seng Index. The foundation also found that
14 percent of senior academic positions were held by women, 17 percent
of the SAR's senior judges were women, and there were no female judges
on the Court of Final Appeal, the SAR's highest court.
The law establishes the EOC to work towards the elimination of
discrimination and harassment as well as to promote equal opportunity
between men and women. There was a Women's Commission that served as an
advisory body for policymaking, and a number of NGOs were active in
raising problems of societal attitudes and discrimination against
women.
Children.--Birth Registration.--All Chinese nationals born in Hong
Kong or abroad to parents, of whom at least one is a PRC-national Hong
Kong permanent resident, acquired both PRC citizenship and Hong Kong
permanent residence, the latter allowing 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.
Child Abuse.--Through June, 673 cases of crimes against children
were reported to police: 254 involved physical abuse (referring to
victims younger than 14 years of age), and 419 involved sexual abuse
(referring to victims younger than 17 years of age). The law mandates
protection for victims of child abuse such as battery, assault,
neglect, abandonment, and sexual exploitation, and the government
enforced the law. The law allows for the prosecution of certain sexual
offenses, including against minors, 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.
Sexual Exploitation of Children.--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.
The legal age of consent for heterosexuals is 16. Under the law, 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 law makes it an 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.
International Child Abductions.--The SAR is a party to the 1980
Hague Convention on the Civil Aspects of International Child Abduction.
Anti-Semitism.--The Jewish community numbered approximately 5,000-
6,000, and reported a few acts of anti-Semitism during the year.
According to the media, during a Legco policy debate in October,
financial services sector representative and Legco lawmaker Chim Pui-
chung accused ``Jewish funds in the United States'' of committing ``a
major financial robbery every five years and a minor robbery every
three years.'' He reportedly said these funds ``bullied'' Hong Kong and
hurt Chinese funds and bankers. There were concerns within the Jewish
community about some religious sermons in the otherwise peaceful Muslim
community. Some anti-Semitic graffiti, harassment of Jewish students,
and hateful Web sites set up by foreign-born Hong Kong residents were
reported to the police.
Trafficking in Persons.--See the Department of State's Trafficking
in Persons Report at http://state.gov/j/tip.
Persons With Disabilities.--The law prohibits discrimination
against persons with physical, sensory, intellectual, and mental
disabilities in employment, education, access to health care, and the
provision of other state services, and the government effectively
enforced these provisions. The government generally implemented laws
and programs to ensure that persons with disabilities have access to
buildings, information, and communications, although some restrictions
were reported.
The Social Welfare Department, directly or in coordination with
NGOs and employers, provided training and vocational rehabilitation
services to assist persons with disabilities. As of September a total
of 16,634 persons were participating in these various programs.
As of March 31, the government employed 3,317 civil servants with
disabilities, out of a total workforce of 156,886. 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 law calls for improved building access and sanctions
against those who discriminate. As of July 31, the EOC received 346
complaints under the ordinance and handled 520 cases (including cases
carried over from the previous year).
Despite inspections and the occasional closure of noncompliant
businesses, access to public buildings (including public schools) and
transportation remained a serious problem for persons with
disabilities. Following Chief Executive Tsang's October 12 policy
address, a number of persons with disabilities protested that the
government discriminated against them. They claimed persons with severe
disabilities who lived with their families could only qualify for
social security by moving out of their families' homes and living alone
or if every member of their families quit their jobs.
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 law. 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 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. As of July 31, the EOC
received 49 complaints and handled 63 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
Hong Kong's schools. The government also provided a special grant for
designated schools with a critical mass of non-Chinese students to
develop their own programs, share best practices with other schools,
develop supplementary curriculum materials, and 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. Activists also noted that
government programs encouraging predominantly Chinese schools to
welcome minority students backfired, turning whole schools into
``segregated institutions.'' These schools did not teach Chinese to the
non-ethnically Chinese students. Students who did not learn Chinese had
significant difficulty entering the labor market, leading to a cycle of
problems including unemployment and poverty, according to reports from
the government and nongovernmental organizations.
The EOC established a working group on Education for Ethnic
Minorities in July 2010, which presented a set of recommendations to
the Education Bureau in March and July. According to activists and the
EOC, the Education Bureau has not responded to the recommendations.
Minority group leaders and activists complained that government
requirements that all job applicants speak Chinese kept nonnative
Chinese speakers out of civil service and law enforcement positions.
Despite the fact that both English and Chinese were official languages,
reports indicated that little more than one third of government
departments regularly issued their press releases in both.
Following Chief Executive Tsang's calls for support to ethnic
minorities in the October policy address, the government's Community
Care Fund endorsed a new program to support minorities and new arrivals
with Chinese language training.
Activists and the government disputed whether new immigrants from
the mainland should be considered as a population of concern under
antidiscrimination legislation. While concerns were raised that new
immigrants do not qualify to receive social welfare benefits until they
have resided in the SAR for seven years, the courts 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 were no laws
criminalizing consensual same-sex sexual activity. 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 were no
specific laws governing age of consent for female-female relations.
On June 17, the government sponsored a seminar on ``homosexual
conversion therapy.'' According to gay rights groups, the seminar's
contents explained homosexuality as deriving from ``unhealthy parent-
children relationships,'' ``experience of sexual abuse or same-sex
sexual behavior,'' or ``serious emotional harm caused by the opposite
sex.''
During an International Day Against Homophobia and Transphobia
rally on May 15, police stopped a dance that was part of the program,
alleging some participants had violated public entertainment laws.
Activists from the gay rights community claimed this was the first time
in over a dozen years police had stopped a rally of this sort.
Other Societal Violence or Discrimination.--There were no reports
of societal violence or discrimination against persons with HIV/AIDS or
against other groups not covered above.
Section 7. Worker Rights
a. Freedom of Association and the Right to Collective Bargaining.--
The law protects the right of workers to form and join independent
unions without previous authorization or excessive requirements, and
conduct legal strikes. However, the law does not guarantee the right to
collective bargaining. Trade unions must register with the government's
Registry of Trade Unions and must have a minimum membership of seven
persons for registration. Unions could affiliate, and workers were not
prevented from unionizing.
The law prohibits the use of union funds for political purposes,
required the CE's approval before unions can contribute funds to any
trade union outside of the SAR, and restricted the appointment of
persons from outside the enterprise or sector to union executive
committees.
The law provides for the right to strike, although there are some
restrictions on this right for civil servants. In addition, while the
law protected workers against dismissal for trade union activities,
there is no legal entitlement to reinstatement in these cases, and the
law does not cover other forms of antiunion discrimination.
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. During a labor dispute the
Unit facilitated conciliation so that the labor disputes could be
settled with a minimum friction and disruption.
Worker organizations were independent of the government and
political parties. However, only progovernment unions were able to
participate substantively in the tripartite process, while the
democratic Hong Kong Confederation of Trade Unions was consistently
excluded. Antiunion discrimination did not occur in practice.
Although there was no legislative prohibition against 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. Several strikes took place throughout the
year.
Local trade unions and NGOs escalated efforts to advocate for
legislation that would guarantee collective bargaining rights, but as
of the end of the year there was no progress on a bill addressing this
concern.
b. Prohibition of Forced or Compulsory Labor.--The law prohibits
all forms of forced or compulsory labor, and the government effectively
enforced such laws. There were 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. Hong Kong
prohibits the collection of employment-related debt, but prosecution
was hampered by looser restrictions in some countries that send
workers. Some Hong Kong-licensed employment agencies were suspected of
colluding with Indonesian agencies to profit from a debt scheme, and
some Hong Kong agencies illegally confiscated the passports, employment
contracts, and ATM cards of domestic workers and withheld them until
their debt had been repaid. The government conveyed its concerns about
these cases to a number of foreign missions.
There also were reports that some employers illegally forbade
domestic workers to leave the residence of work for non-work-related
reasons, effectively preventing them from reporting exploitation to
authorities. SAR authorities actively pursued reports of such
violations.
According to a Catholic Commission for Labor Affairs survey of
Indonesian foreign domestic workers in October, 70 percent of
respondents claimed they were underpaid, 67 percent had personal items
such identity cards and passports confiscated, and 48 percent did
additional work outside of their contracts.
Also see the Department of State's Trafficking in Persons Report at
http://state.gov/j/tip.
c. Prohibition of Child Labor and Minimum Age for Employment.--
There were laws to protect children from exploitation in the workplace.
Regulations prohibit employment of children under the age of 15 in any
industrial establishment. Other 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., and 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 effectively enforced these laws and regularly
inspected workplaces to enforce compliance with the regulations. In the
first nine months of the year, the Labor Department conducted 96,788
inspections. Two employers were convicted of offenses and fined.
d. Acceptable Conditions of Work.--The SAR's first statutory
minimum hourly wage, HK$28 (US$3.60), came into force in May.
Approximately 760,000 Hong Kong residents live under the locally
defined poverty line (annual income of about HK$47,213 [US$6,053] for
an individual, HK$75,598 [US$9,692] for a two-person unit, HK$100,168
[US$12,842] for a three-person family, etc.).
In practice wages were often set by employers and employer
associations. Additionally, 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 minimum wage for foreign domestic workers was HK$3,740 per
month (US$482). The government's Standard Employment Contract 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 could 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 pursued complaints through legal channels may be
granted leave to remain; however, they were not able to work, leaving
them either to live from savings or to depend on charitable assistance.
During the first six months of the year, three employers were
convicted for wage offenses relating to the employment of foreign
domestic workers. During the same period 75 foreign domestic workers
filed criminal suits, 37 of which were against employers for
maltreatment including rape (one), indecent assault (seven), and injury
and serious assault (29).
There was no law concerning working hours, paid weekly rest, rest
breaks, or compulsory overtime for most employees. For certain groups
and occupations, such as security guards and certain categories of
drivers, there were regulations and guidelines on working hours and
rest breaks. According to the General Household Survey conducted by the
Census and Statistics Department during the year, about 17.1 percent of
Hong Kong employees worked 60 hours or more per week. The law
stipulates that employees are entitled to 12 days of statutory holidays
and employers must not make payment in lieu of granting holidays.
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 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.''
Laws exist to ensure health and safety of workers in the workplace,
and these laws were effectively enforced. There is no specific legal
provision allowing workers to remove themselves from dangerous work
situations without jeopardy to continued employment.
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. In
the first three quarters, the Labor Department's 200 inspectors
conducted 88,514 workplace inspections. There were 778 convicted
summonses, resulting in fines totaling HK$6.2 million (US$800,000). 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, the department served
607 improvement notices and 50 suspension notices.
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 19,163
occupational injuries, including 6,436 classified as industrial
accidents. In the same period there were 13 fatal industrial accidents.
Employers are required to report any injuries sustained by their
employees in work-related accidents. Labor activists raised the issue
of the increase in deadly industrial accidents, mainly due to
construction and infrastructure projects in Hong Kong.
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.
__________
Macau
executive summary
Macau 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.
Three prominent human rights abuses reported during the year
included limits on citizens' ability to change their government,
concerns over press freedom, and concerns over workers' rights.
Although trafficking in persons remained a problem, there was a
lack of prosecutors to pursue trafficking cases. Moreover, 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.
The government took steps to prosecute and punish officials who
committed abuses. There was no impunity for government officials.
Section 1. Respect for the Integrity of the Person, Including Freedom
from:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the government or its agents committed arbitrary or
unlawful killings.
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 year there was one case of death in police custody. The
police indicated the individual had committed suicide, and at year's
end the procuratorate was investigating the case. In the first half of
the year, there were four cases of police mistreatment, all involving
off-duty officers. At year's end the procuratorate was investigating
the cases. During the first half of the year, the Commission Against
Corruption received two complaints of police mistreatment, but both
cases were deferred due to insufficient information.
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. According to the government, no independent human rights
observers requested or made any visit to the SAR's only jail, the Macau
Prison. Judges and prosecutors visited the Macau Prison once a month
and the Youth Correctional Institution (for offenders between the ages
of 12 and 16) once every three months.
The SAR has a maximum prison capacity of 1,341 persons, and the
occupancy rate was approximately 70 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 943. Of the
total number of inmates, there were 801 male prisoners and 142 female
prisoners. Offenders between the ages of 12 and 16 were subject to an
``education regime,'' which could include incarceration depending on
the offense. During the first half of the year, 44 minors were detained
in the Youth Correctional Institution.
The SAR reported that prisoners had access to potable water. In
addition ombudsmen are able to serve on behalf of prisoners and
detainees. The government took steps to improve recordkeeping and the
use of alternative sentencing for nonviolent offenders.
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, and judges and prosecutors made monthly visits
to prisons to hear prisoner complaints.
Macau Prison was designed to hold 1,297 inmates; with the addition
of 101 new prisoners during the year, the government recognized that
the facility was reaching its capacity and expanded the female section
with a further 100 beds, in addition to constructing a new prison.
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
official 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 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. According to the government, defendants
should be tried within the ``shortest period of time.'' The
prosecutorate's inquiry stage must end within six months for detained
defendants and within eight months for cases with no detained
defendants; the pretrial inquiry stage must be concluded within two
months whenever there are detained defendants, or four months if there
are no detained defendants. 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.
Law enforcement received two complaints for alleged offenses
committed by police officers against persons in custody in the first
half of the year. Disciplinary proceedings were instituted for the
officers in both cases with one case closed and one pending criminal
proceedings. There was one complaint in the first half of the year of
assault by a police officer against a person in custody.
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. Before making their final
judgment, which is not subject to appeal, the courts must seek an
interpretation of the 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.''
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 when the court ex oficio or
upon request rules otherwise, to ``safeguard the dignity of persons,
public morality, or to ensure the normal functioning of the court.''
Defendants have the right to be present at their trials, confront
witnesses, and 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. Defendants also
have the right to appeal. 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. The Office for
Personal Data Protection acknowledged a continual increase in
complaints and inquiries on data protection.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--Status of Freedom of Speech and
Press.--The law provides for freedom of speech and press, and the
government generally respected these rights in practice.
The Law on Safeguarding National Security (Article 23 of the Basic
Law), which entered into force in March 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.
Freedom of Press.--The independent media were active and expressed
a wide range of views, 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 generally reported freely on the
SAR government, including reports critical of the government.
Violence and Harassment.--Some journalists who wrote about issues
disparaging of the government complained about undue disciplinary
actions such as temporary suspensions, delayed promotions, and editors
assigning them to cover less important stories. In June one news editor
received several threatening letters warning him not to publicize
concerns over the government-owned broadcaster's in-house management
and leadership issues.
Censorship or Content Restrictions.--Activists raised concerns over
some media self-censorship particularly due to the fact that news
outlets and journalists worried some critical coverage might limit
government funding.
Internet Freedom.--There were no government restrictions on access
to the Internet or credible reports that the government monitored e-
mail or Internet chat rooms. Individuals and groups could engage in the
expression of views via the Internet, including by e-mail.
The Strike against Computer Crime Law criminalizes a range of
cybercrimes and empowers the police, with a court warrant, to order
Internet service providers to save and then provide a range of data.
Some legislators expressed concern that the law grants police the
authority to take these actions without a court order under some
circumstances.
The media reported that several Web sites, among them Facebook,
YouTube, and Skype, which are blocked on the PRC Mainland, were blocked
on government-provided free WiFi service. The government denied any
intention to restrict access, stating that the main problem was
available bandwidth and pointing out that the mobile version of
Facebook was available. Twitter, which is banned on the Mainland, was
available.
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, approximately 2,300 workers demonstrated without major
incident, although police stopped one reporter from taking photos. Law
enforcement claimed this was to help the journalist from being hit by a
moving van. A court found the allegations of the journalist to be
unsubstantiated due to lack of evidence. Activists claimed the protests
were calm during the year because the government had given out cash
payments to participants of the controversial May 2010 march.
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. During the
first half of the year, the Identification Bureau registered 383 new
associations, but it did not issue ``proof of adoptable name of
association'' in 33 cases because intended group names were the same or
similar to registered organizations.
c. Freedom of Religion.--See the Department of State's
International Religious Freedom Report at http://state.gov/j/drl/irf/
rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The law provides for freedom of
movement within the SAR, foreign travel, emigration, and repatriation,
and the government generally respected these rights in practice.
Persons denied entry into the SAR have the right to contact their
consulate or other representative of their country, receive assistance
with language interpretation, and consult a lawyer. The Immigration
Department cooperated with the Office of the U.N. High Commissioner for
Refugees (UNHCR) and other humanitarian organizations in providing
protection and assistance to internally displaced persons, refugees,
returning refugees, asylum seekers, stateless persons, and other
persons of concern.
The Internal Security Law grants police the authority to prevent
entry and deport nonresidents who are regarded under the law as
unwelcome, deemed to constitute a threat to internal security and
stability, or are suspected of transnational crimes. Legislators and
activists alleged that police used this law to prevent Hong Kong
democracy and rights activists from entering the SAR, including when
the purpose of travel was merely tourism or personal business. Police
declined to discuss the circumstances of individual cases.
According to the International Trade Union Confederation's annual
survey of violations of trade union rights, the government denies entry
into Macau of labor leaders or democratic activists from Hong Kong.
Macau continued to ban Hong Kong Legislative Council member Lee Cheuk-
yan, a prominent labor leader, from entering the SAR. The government
claimed the commander of the Public Security Police ``based on the
public interest.may refuse entry of any nonresident whose status is
found to be inappropriate.''
Protection of Refugees.--Access to Asylum.--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 such as housing,
medical care, and education for children.
According to the government, during the year there were four
pending cases for refugee status, but their determination could take
several years to process. One Afghan asylum seeker was in his ninth
year waiting. Paul Pun Chi, secretary general of the Caritas social
welfare organization, said the process was ``long and drawn out'' and
the procedures and isolation pushed applicants into a ``hopeless
situation.''
In December the Court of Second Instance overturned Chief Executive
Chui's June 2010 decision to uphold a Macau Refugee Commission ruling
denying refugee status to the family of a Kurdish human rights activist
from Syria. The court's unanimous verdict also harshly criticized the
Macau Refugees Commission for claiming there was no evidence of Syrian
discrimination directed at Kurds and for ignoring a UNHCR report that
sided with the asylum seekers.
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), who 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.--Recent Elections.--Despite
calls for an increase in the number of directly elected Legislative
Assembly seats, the government quickly dispelled an October news report
that it was considering plans to expand the number in 2013. Of the 29
seats in the Legislative Assembly, only 12 are directly elected. The
last election, held in 2009, was generally free and fair.
There are limits on the types of bills 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.
Political Parties.--The SAR has no laws on political parties;
politically active groups therefore 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.
Participation of Women and Minorities.--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. Fifteen of the SAR's 46 judges were women. Women made up
more than 41 percent of the senior-level executive, 48 percent of the
judiciary, and almost all of the senior legislative staff (i.e., not
including legislators). There were two members of ethnic minorities in
the Legislative Assembly. One Executive Council member was from an
ethnic minority, as was the police commissioner general.
Section 4. Official Corruption and Government Transparency
The law provides criminal penalties for official corruption, and
there were few reported instances of officials engaging in corruption.
The Commission against Corruption (CAC) investigated the public and
private sectors and had the power to arrest and detain suspects. The
Ombudsman Bureau within the CAC reviewed complaints of
maladministration or abuse by the CAC. There was also an independent
committee outside the CAC, the Monitoring Committee on Discipline of
CAC Personnel, which accepted and reviewed complaints about CAC
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.
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.--Rape and Domestic Violence.--The law criminalizes rape,
including spousal rape, and the government effectively enforced the
law. In the first half of the year, there were nine complaints of rape
lodged with the police. The police and courts acted promptly on rape
cases, arresting four individuals accused of rape.
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. Domestic violence falls
under several crimes in the criminal code, including the crime of
mistreatment of minors, persons with incapacity, or spouses. These
crimes are punishable with imprisonment ranging from one to five years.
If mistreatment leads to serious physical injuries or death of the
victim, the penalties may be increased to imprisonment of two to eight
years for cases resulting in physical injuries and five to 15 years for
cases resulting in death. During the first half of the year, 197
complaints of crimes related to domestic violence were reported to the
police. Of the 197 cases, 121 involved spousal abuse. In February the
Women's General Association of Macau released a survey noting that 80
percent of the women in its shelter had suffered physical,
psychological, or sexual abuse. The Legislative Assembly began debate
in September on a government-drafted antidomestic violence bill setting
tough penalties for abusers and creating a victim protection scheme.
The government made referrals for victims to receive medical
treatment, and medical social workers counseled victims and informed
them of social welfare services. During the first half of the year, the
Social Welfare Bureau (SWB) handled 36 domestic violence cases
involving 44 victims. 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 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.
Sexual Harassment.--There is no law specifically addressing sexual
harassment, unless it involves the use of a position of authority to
coerce the 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 (LAB) but
was later withdrawn.
Reproductive Rights.--Couples and individuals have the right to
decide the number, spacing, and timing of their children and have 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. Women and men
were given equal access to diagnostic services and treatment for
sexually transmitted infections, including HIV.
Discrimination.--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 cases to the LAB 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. No
complaints of discrimination were lodged with the police, LAB, or CAC.
Children.--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 defines abuse, neglect,
violence, and maltreatment of children as criminal offenses. In the
first half of the year, three physical abuse cases were reported to the
police, and the SWB received nine cases of child abuse, which involved
nine children. The Health Bureau handled four child abuse cases. The
SWB arranged residential placements and other support services for
these abused children.
Birth Registration.--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.
Sexual Exploitation of Children.--The law specifically provides for
criminal punishment for sexual abuse of children and students,
statutory rape, and procurement involving minors. The criminal code
sets 14 as the age of sexual consent and 16 as the age for
participation in the legal sex trade. Child pornography is prohibited
by law. During the first half of the year, there were two complaints of
sexual abuse of children and five complaints of sexual acts with minors
lodged with the police. Law enforcement arrested one individual in the
case of the sexual abuse of children and three individuals for sexual
acts with minors.
International Child Abductions.--The SAR is a party to the 1980
Hague Convention on the Civil Aspects of International Child Abduction.
Anti-Semitism.--The Jewish population was extremely small, and
there were no reports of anti-Semitic acts.
Trafficking in Persons.--See the Department of State's Trafficking
in Persons Report at http://state.gov/j/tip.
Persons With Disabilities.--The law prohibits discrimination
against persons with physical, sensory, intellectual, and mental
disabilities in employment, education, access to health care, or the
provision of other state services, and the government generally
enforced these provisions in practice. The law mandates access to
buildings, information, and communications for persons with
disabilities. The government enforced the law effectively. The Social
Welfare Institute is primarily responsible for coordinating and funding
public assistance programs to persons with disabilities. There is a
governmental commission to rehabilitate persons with disabilities, with
part of the commission's scope of work addressing employment.
National/Racial/Ethnic Minorities.--Although the government made
efforts to address the complaints of individuals of Portuguese descent
and the Macanese minority, members of these two groups continued to
claim they were not treated equally by the Chinese majority. While they
participated in political and cultural circles, some activists claimed
businesses refused to hire employees who are not ethnically Chinese.
Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity
There are no laws criminalizing consensual same-sex sexual activity
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. Freedom of Association and the Right to Collective Bargaining.--
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.
However, to register as an official union, the government requires the
organization to provide all of its members' names and personal
information. 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.
Migrant workers do not have the right to recourse for unlawful
dismissal, and neither migrant workers nor public servants have the
right to bargain collectively.
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.
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. Independent
lawmakers continued to push for the government to introduce a trade
union and collective bargaining law.
The law prohibits antiunion discrimination and employer
interference in union functions.
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.
There were no reports that the government failed to enforce strike
provisions during the year. Although strikes, rallies, and
demonstrations were not permitted in the vicinity of the CE's office,
the Legislative Assembly, and other key government buildings, in
practice some protests occurred near government headquarters.
Some union leaders complained that while laws may exist that
protect worker rights, the government did not respond to official
complaints (for which the LAB charges the unions a fee to process) on
working conditions or abuse, nor did the government punish employers
that withheld pay when employees made such complaints. To register as
an official union, the government requires the organization to provide
all of its members' names and personal information. Union leaders also
claimed that the government maintained a ``blacklist'' of labor
``agitators.''
In October several lawmakers urged the government to protect
nonresident workers' rights, claiming it was difficult to punish
employers due to problems in the law. According to one legislator, the
LAB had received a total of 135 court rulings regarding illegal work
involving 258 illegal workers. A total of 114 employers were convicted,
but 89 of these had their jail sentence suspended. The LAB claimed it
had hired and was training 43 new labor inspectors to deal with these
issues.
During the year the Union for Democracy Development Macau expressed
concern that the law contains no explicit provisions that bar
discrimination against unions. The United Free Union of Gaming and
Construction Workers of Macau complained of police monitoring of its
activities.
Even without formal collective bargaining rights, companies often
negotiated with unions, although the government regularly acted as an
intermediary. Pro-PRC unions traditionally have not attempted to engage
in collective bargaining. Migrant workers do not have the right to
bargain collectively.
b. 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 Trafficking in Persons Report at
http://www.state.gov/j/tip.
c. 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.
Additionally, the law governing the number of working hours (eight
hours a day, 40 hours a week) was equally applicable to adults and
minors, but minors cannot work overtime hours. Minors are forbidden
from certain types of work, including but not limited to domestic work,
any employment between 9 p.m. and 7 a.m., and at places where admission
of minors is forbidden. The Labor Department enforced the law through
periodic and targeted inspections, and violators were prosecuted.
d. 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 and foreign domestic workers.
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.
In October Secretary for Economy and Finance Francis Tam announced
that the government had submitted a request to the Central Government
to allow maids from Mainland China to work in Macau, with the
possibility of establishing a minimum wage for this group. Tam
explained the minimum wage for this group might be higher than the $320
minimum monthly salary for foreign domestic workers, who were mainly
from the Philippines, Vietnam, and Indonesia.
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 (many businesses
operated on a 40-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.
According to the government's Human Resources Office, there were
approximately 90,000 imported workers at the end of September, mostly
from Mainland China, Hong Kong, Indonesia, the Philippines, and
Vietnam. These workers, commonly engaged in the restaurant and hotel
industry but also serving as foreign domestic workers, gaming and
entertainment employees, and engaged in the construction and retail
sectors, often complained of discrimination in the workplace. The Macau
Lawyers Association claimed these foreign workers often faced unequal
pay in comparison with their Macau counterparts. In October a group of
90 foreign workers won a court battle against their former employer for
nonpayment of overtime and holiday bonus as well as the elimination of
food and other bonuses.
Nonresident 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, would be 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 LAB, 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, a senior SAR labor official was quoted in
the media as stating that dissatisfied workers ``can always go back to
their homeland to find another job.''
__________
FIJI
executive summary
Fiji is a republic under a military-led government since armed
forces commander Commodore Josaia Voreqe (Frank) Bainimarama overthrew
the elected government in a bloodless coup in 2006. In 2009 the interim
government headed by Prime Minister Bainimarama abrogated the
constitution, imposed a state of emergency, and continued its rule by
decree, a situation that remained at year's end. During the year the
country had no constitution or parliament. Security forces did not
report to civilian authorities.
The leading human rights problems during the year included the
government's continued denial of citizens' right to change their
government peacefully; the government's targeting of opponents and
human rights and labor activists for harassment, arbitrary arrest, and
abuse; and continued enforcement of the wide-ranging Public Emergency
Regulations (PER) issued in 2009.
The PER imposed a state of emergency that remained in force at
year's end, giving the military and police power to arrest and detain
persons without a warrant and limiting freedoms of speech and press,
assembly, association, and movement. The PER also give military and
police authority to use whatever force they deem necessary to enforce
PER provisions, resulting in impunity for abuses. Freedom of the press
was further restricted by a 2010 media decree. By year's end the
government had begun taking steps to ease enforcement of the PER and
the media decree. The Essential National Industries Decree implemented
in September severely restricts trade union and collective bargaining
rights for workers in designated industries and corporations deemed
essential to the national economy.
Other human rights problems included poor prison conditions,
interference with judicial independence, prosecution of regime critics
and human rights activists, restriction of freedom of religion for
members of the Methodist Church, attacks against religious facilities,
government corruption, deep ethnic divisions, violence and
discrimination against women, and sexual exploitation of children.
The government did not take steps to prosecute and punish police
and military officials who assaulted persons in custody. The military
continued to act with impunity in detaining, and in many cases abusing,
persons deemed critics of the government, including journalists,
politicians, trade unionists, and Methodist Church officials,
ostensibly claiming authority under the PER to do so.
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.--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.
During the year military officers threatened and beat a number of
politicians and trade unionists at the Queen Elizabeth Barracks outside
Suva, the capital. The government took no action to investigate
credible reports of such abuses or punish the alleged abusers. For
example, on February 21, the military detained at the barracks
politician Sam Speight, a cabinet minister in the deposed government of
Laisenia Qarase. Soldiers repeatedly beat him until he lost
consciousness. He was released on February 24. The military continually
denied knowledge of Speight's whereabouts to his wife and other family
members during his detention. Others assaulted in military custody
included trade unionists Felix Anthony and Maika Namudu and politicians
Gaffar Ahmad, Poseci Bune, and Benjamin Padarath.
In December the University of New South Wales in Australia released
a report on the commercial sex industry in Fiji that alleged military
abuse of prostitutes. According to the report, a number of prostitutes,
particularly in the Lautoka area, charged that soldiers took them into
custody, brought them to military barracks, and forced them to
partially strip and perform humiliating physical activities such as
squatting in mud. The government denied the allegations.
Throughout the year various persons detained by police accused
police of beating them to obtain confessions. For example, in September
five persons arrested on robbery charges earlier that month told the
High Court that they were assaulted by police officers while in custody
and made confessions obtained unlawfully by this assault.
Prison and Detention Center Conditions.--Prison conditions were
harsh and did not meet international standards. The national prison
system was seriously underfunded and overcrowded, with deteriorating
infrastructure and complaints about delivery of essential services.
Prisoners had access to potable water, but the system had insufficient
beds, inadequate sanitation, and a shortage of basic necessities.
However, there were no reports of inmate deaths during the year due to
poor prison conditions.
A June 14 report on Radio Fiji news stated that the number of
inmates in the country's prisons exceeded capacity. According to the
report, at that time 12 institutions held 1,223 inmates, including both
convicted prisoners and pretrial detainees, 156 more than capacity. The
number of pretrial detainees continued to rise during the year, in part
because the courts generally refused to grant bail (see section 1.d.).
According to the prison commissioner, there was capacity for 95
pretrial detainees in the system, but at year's end there were 374
pretrial detainees in detention. During the year authorities continued
to hold some pretrial detainees in Naboro and Nasinu prisons, due to
lack of adequate capacity at the Korovou pretrial detention center.
In general pretrial detainees and convicted prisoners were
separated at shared facilities, although in some cases they were held
together.
The Corrections Department started construction of a new remand
center for Suva within the Korovou Prison complex. An addition to the
Nasinu Prison was completed during the year to hold pretrial detainees
when their number exceeded the capacity at the existing Korovou Prison
remand center.
Prisoners and detainees were permitted access to visitors,
including family members; telephone calls; and religious observance.
The law 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 abrogation
of the constitution 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. There were no alternatives to incarceration for
nonviolent offenders; however, the Corrections Department conducted a
trial program of outside job placements for inmates with less than a
year to serve to ease their return to society. The department also
continued use of compulsory supervision orders, under which inmates
with less than a year to serve can be released into the community to
serve the remainder of their sentence performing community service at a
local church or other community center.
Various programs initiated in 2010 to build skills and generate
income for prison inmates were augmented or continued during the year.
The Corrections Department accorded a high priority to prisoner
rehabilitation and community reintegration, requiring considerable
prison staff retraining to advance these goals. According to the prison
commissioner, recidivism declined during the previous two-year period.
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.
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
Defense, 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), also under the minister for
defense, 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.
The police Ethical 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. The government did not investigate
credible charges of security force abuse of government opponents or
punish the alleged perpetrators (see section 1.c.).
In addition, since the 2006 coup the government has issued three
decrees granting immunity to the military and police in certain
circumstances. The latest decree, the 2010 Limitation of Legal
Liability Decree, extends immunity to the military and the national
police against criminal charges or civil liability suits relating to
their roles in the 2000 and 2006 coups and the 2009 abrogation of the
constitution. The effect of the decrees was to prevent legal challenges
to the 2006 coup, the abrogation of the constitution, and the PER, and
to enable the government to avoid paying court-ordered compensation to
victims of security force violence and their family members.
Arrest Procedures and Treatment While in Detention.--By law police
officers may arrest persons without a warrant for violations of the
2010 Crimes Decree, 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 Bail Act gives accused persons the right to bail, unless it is
not in the interests of justice that bail be granted. Under the Bail
Act, both police and the courts can grant bail. There is a presumption
in favor of granting bail, although 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. Despite these provisions, during the year a magistrate
announced that the government had issued a directive to the
magistrates' courts advising against granting bail for indictable
offenses and stating that bail applications for such offenses would be
handled only by the High Court. The directive requires accused persons
to demonstrate why they should be granted bail, in effect negating the
Bail Act's presumption in favor of granting bail. Police retained
authority to grant bail for nonindictable offenses but during the year
refused to grant it to persons charged with drunk driving. Beginning in
2010 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.
Detainees generally were allowed prompt access to counsel and
family members, but some journalists and others detained by the
military for short periods after criticizing the government were denied
prompt access to a lawyer. The Legal Aid Commission provided counsel to
some indigent defendants in criminal cases, a service supplemented by
voluntary services from private attorneys. 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.
Arbitrary Arrest.--There were cases of arbitrary detention. For
example, following the flight to Tonga of the former Third Fiji
Infantry Regiment commander, Lieutenant Colonel Tevita Mara, the
military and police arbitrarily detained and questioned his wife,
sisters, and other family members. They were released without charge.
Other regime critics also were detained by the military under the PER
and the Public Order Act and then released without charge.
Pretrial Detention.--In 2010 the number of pretrial detainees
approximately doubled compared with 2009 because of a pattern of
refusal of bail by the courts. This pattern continued during the year.
In addition, the courts had a significant backlog of cases, worsened by
the government's 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.
There were allegations of politically motivated prosecutions of
government critics. A woman charged with drug offenses accused the
attorney general of encouraging her to make rape allegations against
her lawyer, the son of former prime minister Mahendra Chaudhry.
The 2009 Administration of Justice Decree 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 chief registrar continued to prosecute lawyers for disciplinary
breaches. Civil society organizations criticized these additional
duties as infringing on the independence of the judiciary.
A 2010 amendment to the Administration of Justice Decree that
removed the courts' jurisdiction to hear challenges to government
decisions on judicial restructuring, terms and conditions of
remuneration for the judiciary, and terminated court cases remained in
force. Various other decrees contained similar clauses limiting the
jurisdiction of the courts on decisions made by the cabinet, ministers,
or government departments.
The government continued to prohibit an International Bar
Association delegation from visiting the country to evaluate judicial
independence. The government also reiterated its refusal to allow the
U.N. special rapporteur on the independence of judges to visit the
country for the same purpose.
Trial Procedures.--In most cases defendants have the right to a
public trial, and the court system generally enforced this right during
the year; however, the PER permit trials for violations of PER
provisions to be held in camera. In December the chief magistrate ruled
that the trial of five men charged with sedition under the Crimes
Decree for an antigovernment graffiti campaign in August would be held
in closed court on grounds of national security.
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 magistrates'
courts and which must be tried in the High Court. Serious offenses,
including murder, rape, trafficking in persons, bribery, treason,
sedition, and mutiny, can be heard only 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.
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 persons 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 abrogated constitution an
individual also could complain to the Fiji Human Rights Commission
(FHRC), but under a May 2009 decree, the FHRC 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.--Status of Freedom of Speech and
Press.--The abrogated constitution provides for freedom of speech and
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 used this provision to intimidate and in some
cases detain persons who criticized the government. In addition the PER
and the Media Decree provide for government censorship of the media.
Freedom of Speech.--The Crimes Decree 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. Two former military officers and several labor
leaders and graffiti vandals were charged with sedition during the
year.
At year's end the 2010 case of former politician Peceli Rinakama,
charged in connection with comments he reportedly made to a passing
bystander relating to the conviction of eight persons charged with
conspiring to assassinate Bainimarama, had not yet come to trial.
Rinakama 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.
Freedom of Press.--Independent media could not operate freely. The
government published fortnightly supplements in the Fiji Sun newspaper.
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 minister for indigenous affairs
(a position held by Prime Minister Bainimarama during the year) 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 and
launched a television station in November. The Ministry of Information
news bulletin was broadcast daily on both the FBC TV station and the
third station, Mai TV.
Violence and Harassment.--On February 18, the government detained
journalist Felix Chaudhry and two trade union officials after the Fiji
Times newspaper published an article on maintenance problems at Fiji
Sugar Corporation's Rarawi sugar mill. Chaudhry was released the same
day. Soldiers warned him not to publish any more articles about Fiji
Sugar Corporation or certain other corporations in which the government
held a significant share.
Censorship or Content Restrictions.--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.
The Media Decree penalizes the media for ``irresponsible
reporting.'' Under the decree the directors and 90 percent of the
shareholders of locally based media must be citizens of, and
permanently resident in, the country. The Fiji Media Industry
Development Authority is responsible for enforcing 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$1,000
($565) for journalists, F$25,000 ($14,116) for publishers and editors,
and F$100,000 ($56,465) 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 tribunal, or the information minister.
At year's end the tribunal provided for in the decree had not yet
been appointed.
The Media Council, a voluntary private watchdog group of media and
academic figures, received and resolved complaints of bias and
malfeasance within the media. However, the continuous extension of the
PER and the promulgation of the Media Decree gave the government
control over media content through censors.
During the year the attorney general initiated a lawsuit against
the Fiji Times newspaper for publishing a quote from an international
soccer official questioning the independence of the country's
judiciary.
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 government
monitored Internet traffic in an attempt to control antigovernment
reports by anonymous bloggers.
A 2010 decree requires all telephone and Internet service 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 ($56,465)
on providers who continue to provide services to unregistered users and
up to F$10,000 ($5,647) on users who do not update their registration
information as required under the decree. Vodafone, one of two mobile
telephone providers, also required users to register their nationality,
postal address, employment details, and both thumbprints.
Academic Freedom and Cultural Events.--Academic freedom was
generally respected, but government work-permit stipulations prohibit
foreigners from participating in domestic politics. Contract
regulations of the University of the South Pacific effectively restrict
most university employees from running for or holding public office or
holding an official position with any political party. During the year
the university terminated its contract with Wadan Narsey, a prominent
Fijian economist and long-time critic of the military government,
allegedly at the direction of the government.
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 nongovernmental organizations (NGOs), and to regulate--
including by use of such force as deemed necessary--the use of any
public or private place by three or more persons for a political
meeting. 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, as were some permits for meetings of religious groups. For
example, the government refused a permit for the Methodist Church,
which historically has been associated with indigenous Fijian
nationalism, to hold its annual three-day conference during the year
and for its 52 divisions to hold their quarterly meetings. Police
stated that Christmas parties held in private premises would not need a
permit.
In February the government withdrew charges lodged in 2010 against
former prime minister Mahendra Chaudhry and five associates for
allegedly holding a ``political meeting'' without a permit in breach of
the PER.
Freedom of Association.--The abrogated constitution provided for
freedom of association, but no decree provides for this right following
the constitution's abrogation. During the year the government did not
restrict individuals from joining NGOs, professional associations, or
other private organizations, but some NGOs were not permitted to hold
meetings with their members.
c. Freedom of Religion.--See the Department of State's
International Religious Freedom Report at http://state.gov/j/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 government provided nominal cooperation with the Office of the
U.N. High Commissioner for Refugees and other humanitarian
organizations in providing protection and assistance to internally
displaced persons, refugees, returning refugees, asylum seekers,
stateless persons, and other persons of concern.
In-country Movement.--The PER authorize the government to prohibit,
restrict, or regulate movement of persons, but the government did not
restrict any person's in-country movement during the year.
Foreign Travel.--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.
Former prime minister Laisenia Qarase, 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 his case
remained pending.
Protection of Refugees.--Access to Asylum.--The law provides for
the granting of asylum or refugee status, but the government has not
established a system for providing protection to refugees. There were
no applications for asylum or refugee status during the year.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
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 government denied citizens the right to change their government
peacefully, although the abrogated constitution provides citizens the
right to do so.
Elections and Political Participation.--Recent Elections.--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 Indian-
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.
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. In September the government announced it
would start electronic voter registration in 2012 as part of
preparations for promised 2014 parliamentary elections and invited
tenders from interested companies. A government official also announced
in September that political party ``manifestos'' or published platforms
would not be allowed in future elections, and that all competing
parties would have to uphold the government's Charter for Peace,
Change, and Progress.
Political Parties.--In March military personnel raided the SDL
party's office in Suva and confiscated its computers. The office closed
after the raid but reopened by year's end.
Participation of Women and Minorities.--There was one woman in the
11-member cabinet. Indigenous women played important roles in the
traditional system of chiefs, and some became chiefs in their own
right.
There were two Indian-Fijian ministers in the cabinet and no other
minority ministers. Indian-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. Indian-Fijians comprised
approximately 35 percent of the civil service overall. The
``disciplined services''--the military, police, and prison services--
were predominantly ethnic Fijian; however, Indian-Fijians comprised
approximately one-third of the police force.
Section 4. Official Corruption and Government Transparency
The law provides criminal penalties for official corruption, and it
has been a significant problem for post-independence governments.
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. Media continued to
highlight the reports up to 2005 that had been examined by the
committee, but the reports from 2006-11 were not publicized.
Public officials are not subject to financial disclosure laws.
FICAC is the primary body responsible for combating government
corruption. During the year the former lead prosecutor for FICAC
alleged inappropriate interference in FICAC by the attorney general and
Military Council. In September the government lost its appeal against
the acquittal of government critic Ratu Sakiusa Tuisolia on abuse of
office charges and charges relating to licensing of his restaurant
business. Tuisolia had maintained that the charges, brought by FICAC,
were politically motivated.
The corruption case of former prime minister Qarase, initiated by
FICAC in 2008, remained pending at year's end.
Although the abrogated constitution instructed Parliament to enact
a freedom of information law as soon as practicable, no such law was
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 cooperative and responsive only 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, Fiji
Women's Rights Movement, and Fiji Women's Crisis Center.
NGOs were constrained in their operations by the Crimes Decree,
which includes criticism of the government in its definition of
sedition, and the Media Decree, which requires all publications to be
vetted by the Ministry of Information (see section 2.a.).
On July 1, police dispersed an internal workshop of the Fiji
Women's Rights Movement because it did not have a permit under the PER.
The NGO said it did not seek a permit because the workshop was an
internal planning meeting of its board and staff members.
U.N. and Other International Bodies.--The ICRC continued to operate
in the country. A number of U.N. organizations concerned with human
rights had regional offices in the country and sought to address
reports of human rights abuses. 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.
Government Human Rights Bodies.--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. It did not enjoy a
high level of public trust.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The abrogated 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 and Domestic Violence.--Rape, domestic abuse, incest,
and indecent assault were significant problems. The Crimes Decree
provides for a maximum punishment of life imprisonment for rape; under
the decree rape is an indictable offense, which can be tried only in
the High Court. The 2010 Domestic Violence Decree 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 in practice.
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. The decree gives the police authority to apply to a magistrate
for restraining orders in domestic violence cases, but police often
told the victims to apply for such orders themselves. Police officers
were not always aware they had the power to apply on the woman's
behalf. As a result, complainants sometimes were obliged to seek legal
assistance from a lawyer or an NGO. Courts dismissed some cases of
domestic abuse and incest or gave perpetrators light sentences. Incest
was widely believed to be underreported. Traditional and religious
practices of reconciliation between aggrieved parties in both ethnic
Fijian and Indian-Fijian communities were sometimes taken into account
to mitigate sentences in domestic violence cases. In many cases,
offenders were released without a conviction rather than jailed on the
condition they maintain good behavior. An active women's crisis center
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.
Sexual Harassment.--The 2009 Human Rights Commission Decree
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 workers can file complaints on the grounds of sexual harassment
in the workplace. 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 with the ERT during the year,
but information on their status at year's end was not available.
In response to various complaints in 2009 from some indigenous
village and provincial councils about a purported breakdown of order in
villages, in 2010 the Ministry of Indigenous Affairs drafted a model
village bylaw addressing issues raised by the councils, including
women's dress. The draft model bylaw included a prohibition on wearing
of shorts, t-shirts, and long hair by women. During the year the
government announced that the bylaw was a draft only that the councils
should not yet enforce. Despite the announcement, councils continued to
enforce their own versions of the bylaw, and some village chiefs were
charged with assaults on persons judged to be in breach of it.
Sex Tourism.--While there is no specific sex tourism offense, sex
tourism is illegal under laws prohibiting soliciting for prostitution
and commercial sexual exploitation of children. Nonetheless, sex
tourism 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.
Reproductive Rights.--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.
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.
Discrimination.--Women have full rights of inheritance and property
ownership by law but in practice often were excluded from the decision-
making process on disposition of iTaukei (indigenous) communal land,
which constituted more than 80 percent of all land. Women have the
right to a share in the distribution of iTaukei land lease proceeds,
but in practice this right was seldom recognized. Other than a
prohibition on working underground in mines, there were no legal
limitations on the employment of women, and many women were successful
entrepreneurs. Several prominent women led civil society, NGO, and
advocacy groups.
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 semi-
subsistence employment or were self-employed.
The Ministry for Women worked to promote women's legal rights.
Children.--Birth Registration.--Citizenship is derived both by
birth within the country and through one's parents. Births generally
were registered promptly.
Education.--School is mandatory until age 15, but the inability of
some families to pay for uniforms and school fees limited attendance
for some children.
Child Abuse.--Corporal punishment was common in both homes and
schools, despite a Ministry of Education policy forbidding it in the
classroom. Increasing urbanization, overcrowding, and the breakdown of
traditional community and extended family-based structures led to an
increasing incidence of child abuse and appeared to be factors that
increased a child's chance of being exploited for commercial sex.
Child Marriage.--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 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.
Sexual Exploitation of Children.--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 age
13 has a maximum penalty of life imprisonment, while the maximum
penalty for defilement of a child between ages 13 and 15 or of an
intellectually impaired person is 10 years' imprisonment. Women's NGOs
complained that magistrates imposed shorter sentences, from two to
eight years, in child defilement cases.
Child prostitution was reported among high school students and
homeless and jobless youth. Commercial sexual exploitation of children
continued to occur. 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 age 18 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 ages13 and 15. In the
latter case it is considered a sufficient defense to establish that the
perpetrator had ``reasonable cause'' to believe the child was 16 or
older. Despite the maximum penalties under the law, magistrates
sometimes imposed sentences as low as two years' imprisonment in such
cases.
Child pornography is illegal. The maximum penalty for violators is
14 years' imprisonment and/or a maximum fine of F$25,000 ($14,116) for
a first offense and life imprisonment and/or a fine of up to F$50,000
($28,232) for a repeat offense, and the confiscation of any equipment
used in the commission of the offense. A child welfare decree
promulgated in 2010 requires mandatory reporting to police by teachers
and health and social welfare workers of any incident of child abuse.
International Child Abductions.--The country is a party to the 1980
Hague Convention on the Civil Aspects of International Child Abduction.
Anti-Semitism.--There was no known Jewish community, and there were
no reports of anti-Semitic acts.
Trafficking in Persons.--See the Department of State's Trafficking
in Persons Report at http://state.gov/j/tip.
Persons With Disabilities.--Under the abrogated constitution, 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. By law 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,
in particular those 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 2010 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 Indian-Fijians has been a longstanding problem. Indigenous Fijians
make up 57 percent of the population, Indian-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, although Indian-Fijians dominated the
commercial sector. 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 constitution's
abrogation.
In an effort to address the sensitive question of ethnic and
national identity, in 2010 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. Indigenous Fiji Islanders would become known as ``iTaukei''
(literally, ``owners'' in the Fijian language). The decree requires
that anywhere the word ``indigenous'' or ``native'' appears in the law
and in government publications and communications, it is to be replaced
by the term ``iTaukei.'' 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.)
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 held. Most cash-
crop farmers were Indian-Fijians, the majority of whom are descendants
of indentured laborers who came to the country during the British
colonial era. Virtually all Indian-Fijian farmers were obliged to lease
land from ethnic Fijian landowners. Many Indian-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
Indian-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.
In 2010 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 iTaukei Land Trust Board (TLTB, formerly the Native
Land Trust Board) and subleasing the land to individual tenants for
lease periods of up to 99 years. The TLTB is the legal custodian of
indigenous lands under the iTaukei Land Trust Act and holds all
indigenous land in trust for the benefit of indigenous landowning
units. In practice, however, the Land Bank began leasing land directly
to tenants, without any involvement of the TLTB. The first lease by the
Land Bank was granted to Xinfa Aurum, a Chinese mining company, for a
bauxite mine in Vanua Levu.
Beginning in January the government changed the existing formula
for distributing lease proceeds to indigenous landowners, under which
35 percent of revenues had gone to chiefs and 15 percent was deducted
by the TLTB for administrative expenses. The new process abolishes the
system of chiefly privilege in land lease income distribution and
provides for a ``one person, one share'' system. This change
contributed to an increase in lease renewals, as individual members of
landowning units receive a greater share of lease monies than under the
previous system.
Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--The Crimes Decree does not
criminalize consensual same-sex sexual activity 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 and gender identity, 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. Freedom of Association and the Right to Collective Bargaining.--
The law gives workers the right to form and join unions, elect their
own representatives, publicize their views on labor matters, and
determine their own policies. The law also gives workers the right to
strike and bargain collectively.
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 allows restrictions on the
right of association if necessary in the public interest or to protect
national security. Police, military, and prison personnel are
prohibited from forming or joining a union.
Freedom of expression and association subsequently were restricted
after the abrogation of the constitution. Under the PER unions reported
considerable government interference with, and denial of, their right
to organize.
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 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 49 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. There were no strikes during the year.
Under the ERP any trade union with six or more members may enter
into collective bargaining with an employer. Individual employees,
including nonunionized workers as well as unions, can 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 and then the Supreme Court. The ERP also gives
unions the right to appeal to the ERT against an adverse decision by
the trade union registrar.
The Essential National Industries Decree (ENID), published in July,
severely restricts trade union and collective bargaining rights for
workers in designated industries and corporations deemed essential to
the national economy. On September 9, the government officially
designated 11 corporations--in finance, telecommunications (including
the Fiji Broadcasting Corporation), the public sector, and the airline
industry--as covered by the decree. Once a corporation is designated,
collective agreements previously negotiated between the corporation and
unions remain valid only for 60 days. Before the end of this period,
workers must renegotiate the agreements with their company. The
government has the final say on such agreements. The decree excludes
professional trade unionists from holding office in unions for these
corporations and from representing the workers in negotiations with
employers.
The authorities did not always respect fundamental labor rights in
practice. Since the constitution was abrogated, unions have 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. In addition, under provisions
of the ENID, preexisting trade unions at the 11 corporations designated
in September ceased to exist 60 days after the companies' designation.
Groups that had at least 75 members were able to set up new bargaining
units to negotiate with management. Such units were not registered as
trade unions under the ERP and did not enjoy the other rights and
protections accorded trade unions under the ERP; registered trade
unions may not undertake negotiations in companies covered by the ENID.
For groups of at least 75 workers who formed bargaining units under the
ENID and renegotiated agreements with their employers by year's end, in
most cases the companies and government entities appeared to have
preserved the majority of benefits provided under previous collective
bargaining agreements.
In September, after the ENID was issued, the government denied
permits to the two trade union umbrella bodies, the Fiji Trades Union
Congress (FTUC) and the Fiji Islands Council of Trade Unions, to hold
their council meetings.
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.
In August two unionists were charged with breach of the PER for
holding a meeting without a permit. The two individuals--Daniel Urai,
president of the FTUC and general secretary of the hotel workers union,
and union organizer Nitin Goundar--had met with two workers fired from
an island resort. At year's end the case had not come to trial. In
November Urai was arrested again and charged with sedition; the
government alleged he urged certain persons to overthrow the
government. He was released on bail and was awaiting trial at year's
end.
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 other interference by employers, particularly when
operating on company premises. Labor groups reported continuing
difficulties organizing workers in the Tax Free Zones due to fear of
employer reprisals.
Major trade unions reported instances of the government using the
ERP in a biased fashion to shut down negotiations and appeals.
In 2010 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.
In May the government ceased the check-off facility for civil
service unions. An August decree excluded civil servants from the ERP
and its tribunals, courts, and mediation services. Under the decree the
check-off facility is not a right but a service, which the government
can choose not to provide. This greatly hampered the ability of civil
service unions to represent their members. In June another decree gave
civil servants the same rights to equality and nondiscrimination as
other workers covered by the ERP.
b. 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 Trafficking in Persons Report at
http://state.gov/j/tip.
c. Prohibition of Child Labor and Minimum Age for Employment.--
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 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. Children 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 ERP
provides for imprisonment of up to two years, fines of up to F$50,000
($28,232), or both for employers who violate these provisions.
The Ministry of Labor deployed inspectors nationwide to enforce
compliance with labor laws, including those covering child labor.
However, enforcement of existing child labor regulations was
inadequate. The government established a multiagency task force led by
the Ministry of Labor to work toward the elimination of the worst forms
of child labor.
Increasing poverty led to more children working as casual laborers,
often with no safeguards against abuse or injury. 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.
Also see the Department of Labor's Findings on the Worst Forms of
Child Labor at http://dol.gov/ilab/programs/ocft/tda.htm.
d. 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.
The 11 corporations designated by the ENID are excluded from the ambit
of the Wages Councils. There was no current official poverty-level
income figure, but minimum wage levels in regulated industries and
entry-level wages in unregulated and informal sectors did not provide a
decent standard of living for a worker and family.
There is no single national limitation on maximum working hours for
adults, but there are restrictions and overtime provisions in certain
sectors. The ENID bans overtime payments for work in the 11 designated
corporations unless agreed upon by the employer.
There are workplace safety laws and regulations, including the
Health and Safety at Work Act and the Workman's Compensation Act. The
law accords employees the right to remove themselves from a hazardous
worksite without jeopardizing their employment, and safety standards
apply equally to both citizens and foreign workers.
The Labor Ministry uses its Labor Inspectorate to enforce minimum
wages, but the inspectorate did not have sufficient capacity to enforce
the law fully. The ERT and the Employment Court adjudicate cases of
employers charged by the Labor Inspectorate with violating minimum wage
orders and decide on workmen's compensation claims filed by the
inspectorate on behalf of workers. The Occupational Health and Safety
Inspectorate in the Ministry of Labor monitors workplaces and equipment
and investigates complaints from workers. 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.
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. Workers in some
industries, notably transportation and shipping, worked excessive
hours. Government enforcement of safety standards suffered from a lack
of trained personnel and delays in compensation hearings and rulings.
Few workers chose to leave the workplace, even if it posed hazards to
their health, out of fear of dismissal.
__________
INDONESIA
executive summary
Indonesia is a multiparty democracy. In 2009 Susilo Bambang
Yudhoyono was reelected president in free and fair elections. Domestic
and international observers judged the 2009 legislative elections free
and fair as well. Security forces reported to civilian authorities.
Major human rights problems included instances of arbitrary and
unlawful killings by security forces and others in Papua and West Papua
provinces, societal abuse against certain minority religious groups,
and abridgement of the rights of particular religious minorities to
freely practice their religion by regional and local governments.
Official corruption, including within the judiciary, was a major
problem, although the Anticorruption Commission (KPK) took some
concrete steps to address this.
Other human rights problems included: occasionally harsh prison
conditions; some narrow and specific limitations on freedom of
expression; trafficking in persons; child labor; and failure to enforce
labor standards and worker rights.
The government attempted to punish officials who committed abuses,
but judicial sentencing often was not commensurate with the severity of
offenses, as was true in other types of crimes as well.
Separatist guerillas in Papua killed members of the security forces
in several attacks and injured others. Nongovernment actors engaged in
politically related violence, including murder, in Aceh Province.
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 some alleged criminals and terrorists
in the course of apprehending them. In addition, there were a number of
reports accusing security forces of excessive use of force leading to
death, particularly when handling protests. On October 19, police and
military units dispersed participants in the Third Papuan People's
Congress in Jayapura, Papua. The Indonesian National Human Rights
Commission (Komnas HAM) found that Demananus Daniel, Yakobus Samsabara,
and Max Asa Yeuw, whose dead bodies were found near the Congress area,
had been shot. Komnas HAM called for an investigation (see section
2.b.). In another incident, on December 24, police fired upon
protesters on Bima Island, West Nusa Tenggara, killing two and wounding
14.
On March 31, Sergeant Sukirman and First Inspector Jefry Pantouw of
Biau Police Precinct were charged with abuse with regard to the August
2010 death of Kasmir Timumun in police custody in Buol, Central
Sulawesi. Police initially reported that Timumun committed suicide, but
credible nongovernmental organization (NGO) sources reported that his
body bore evidence of abuse. On September 24, both officers were
convicted of torture by the Central Sulawesi Court and sentenced to one
year in prison. The prosecution appealed, seeking longer sentences.
Prosecutors also filed charges against a third officer, Amirullah
Haruna, for allegedly shooting Ikhsan Mangge during the protest riot
that followed Timumun's death. Haruna was found not guilty and freed on
October 27.
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 of burned villages and civilian deaths. Much of this violence
was connected to the Free Papua Movement (OPM) and security force
operations against OPM. For example, OPM forces wounded three soldiers
in a July 5 exchange of fire. In another incident on July 12,
attackers, whom the government alleged were OPM-affiliated, injured
four soldiers and two civilians. On October 24, alleged OPM-affiliated
attackers shot and killed the chief of the Mulia police station.
Following a military investigation, three soldiers from the 753
Infantry Battalion faced a court martial for the March 2010 killing of
Pastor Kinderman Gire in Puncak Jaya, Papua. On August 11, the court
sentenced Private Herry Purwanto, First Sergeant Saut Sihombing, and
Private Hasirun to 15, seven, and six months in prison respectively for
disobeying lawful orders. The soldiers were not charged with the more
serious crimes of assault or murder. The military investigation and
trial reportedly did not take into account nonmilitary testimony or
evidence.
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. Unknown attackers perpetrated a number of
shootings and killings along a road near the Freeport McMoRan's
(Freeport's) Indonesia-operated Grasberg gold and copper mine in
Timika, Papua, killing security forces, Freeport employees, and local
civilians. For example, in an April 7 attack, unknown assailants
murdered two unarmed Freeport security personnel. On October 14,
unknown attackers killed three Freeport workers and burned their
vehicle.
In June Pollycarpus Budihari Priyanto, who was previously convicted
in the 2004 poisoning of human rights activist Munir Said Thalib,
appealed his conviction with the Central Jakarta District Court,
claiming new evidence. In 2008 the South Jakarta District Court
acquitted retired army general Muchdi Purwoprandjono on charges of
planning Munir's murder. In 2009 the Supreme Court upheld the acquittal
and remanded the case to the district court. In September the Attorney
General's Office (AGO) stated no further action in the case against
Muchdi Purwopranjono was warranted, despite claims from civil society
organizations that new evidence against Muchdi merited review of his
acquittal.
b. Disappearance.--The government and civil society organizations
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 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. Despite
this approval in 2009, at 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 and other cruel, 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
rarely were tried under this statute. More recently the government made
some efforts to hold members of the security forces responsible for
acts of torture but these efforts did not constitute full
accountability. In 2007 the U.N. special rapporteur on torture 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.
Local nongovernmental organizations (NGOs) reported that torture
continued to be commonplace in police detention facilities. During the
year the Legal Aid Institute of Jakarta conducted a survey on the
prevalence of torture in Papua that found 61 percent of survey
respondents suffered physical abuse while being arrested and 47 percent
of respondents suffered physical abuse during questioning. In a
December 2010 report the Legal Aid Institute of Jakarta reported that
torture was used particularly in the course of gathering evidence. The
NGO Commission on the Disappeared and Victims of Violence (KontraS)
reported that between January and June, it received reports of five
cases of torture with fifteen victims.
In a case of military-instigated torture, on March 13, members of
the 744th Infantry Battalion tortured Charles Mali to death in
Futubenao-Atambua in East Nusa Tenggara Province. The incident stemmed
from an altercation between young men and members of the battalion.
Mali reportedly was beaten to death. Five other men reportedly were
tortured as well. During a military investigation, 23 suspects from the
744th were questioned in connection with this incident. Eight soldiers
were convicted of involvement in Mali's death and received sentences
from a military court ranging from eight to 12 months in prison.
Abuse of detainees in Papua came under heightened scrutiny when, in
October 2010, a graphic video was posted on YouTube that showed several
Indonesian Armed Forces (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 in late May 2010 during a military
operation in the Puncak Jaya region of Papua. On January 24, after a
military trial in Jayapura, Papua, Second Sergeant Irwan Rizkianto
received a 10-month prison sentence, Private Yakson Agu received a
sentence of nine months, and Private Thamrin Mahagiri received a
sentence of eight months. All were charged with disobeying orders, but
not with the more severe charge of abuse. At year's end, none had been
removed from the military.
During the year in Aceh, according to one NGO source, 33 persons
were caned publicly in five separate instances for violating Sharia
(Islamic law) laws dealing with gambling, adultery, consuming alcohol,
and for selling food in daylight hours during the fasting month of
Ramadan.
According to an October 11 expose by Tempo Magazine, two Police
Academy cadets were injured so severely in hazing incidents that they
had to be discharged from the academy for physical disability; one
cadet suffered from partial paralysis and the other dealt with
decreased motor function. The Tempo Magazine article reported that
between January and September, the academy had received at least 13
reports of hazing-related violence. Academy administrators set up
military police patrols around the campus and dormitories to prevent
future abuses. No information regarding accountability in these cases
was available at year's end.
A series of newspaper articles in February implicated Papua police
in multiple sexual assault cases. In one case, four policemen and three
civilians allegedly raped and tortured a fifteen-year-old girl in Biak,
Papua, in February. In a second case, a female detainee at the Jayapura
police detention center claimed she was forced to perform sexual acts
with three police officers between November 2010 and January 2011.
Following the publication of a report on this second case, the involved
officers received a punishment of 21-days' administrative detention.
The district police chief of Jayapura City offered his resignation, but
the regional police chief did not accept it.
Prison and Detention Center Conditions.--Conditions at the
country's 428 prisons and detention centers were sometimes harsh and
lifethreatening. Overcrowding was widespread. At the end of the year,
data from the Ministry of Law and Human Rights indicated that there
were 141,981 detainees in the system, in comparison with a designed
capacity of 96,891. Prisons and detention centers in the Jakarta region
were operating at 228 percent of capacity. For example, according to
the government, the Pondok Bambu Detention Facility in Jakarta,
designed for 504 prisoners, held 1,092. The facility had two types of
cells, small and large. A small cell was 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 government figures, 352 prisoners died between January
and August, compared with 842 throughout the year in 2010.
NGOs noted authorities sometimes did not provide prisoners adequate
medical care. According to informed NGO sources, the medical budget for
prisoners was approximately 1,000 rupiah (approximately $0.11) per
prisoner per day.
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. Wealthy prisoners paid for
special treatment and more comfortable lodging. Officials held unruly
detainees in solitary confinement for up to six days on a rice-and-
water diet.
One international source stated that 5.8 percent of prisoners were
women and 5.6 percent were juveniles. There are six women-only prisons
in the country, five in Java and one in North Sumatra. According to the
Directorate General for Corrections, at year's end year there were
2,179 juvenile detainees and 3,337 juvenile prisoners. One local NGO
assessed that conditions for women prisoners generally were equal to or
better than those for men.
By law, children convicted of serious crimes should serve their
sentences in juvenile prisons. However, according to a 2007 statement
by the U.N. special rapporteur on torture, children were incarcerated
with adults in both pretrial detention centers and in prisons.
According to a domestic NGO, of the 16 facilities designated as prisons
for children, only one was used exclusively as such. 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. International and local NGOs
reported that in some cases, prisoners did not have ready access to
clean drinking water. 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 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 without resolution throughout the year to restore ICRC access
to Papua.
The criminal procedure code does not incorporate alternative
sanctions or sentencing for nonviolent offenders.
The national ombudsman can advocate 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 prohibits arbitrary
arrest and detention but lacks adequate enforcement mechanisms. 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 415,557 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 domestic
security responsibilities. 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 investigated complaints against individual police
officers. Additionally, Komnas HAM and NGOs conducted external
investigations with the knowledge and cooperation of the police. During
the year, 207 officers were charged criminally and 3,429 received
disciplinary infractions.
In 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. Since the approval of the Use of Force Police
Action policy, the INP has trained over 65,000 personnel on this policy
and has worked to integrate this policy into the INP's overall training
program.
In 2009 the INP implemented regulations that standardized human
rights regulations in the normal course of police duties. However,
impunity and corruption remained problems.
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.
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 an
independent judiciary; however, in practice the judiciary remained
susceptible to influence from outside parties, including business
interests, politicians, and the security forces. Low salaries and poor
oversight continued to encourage acceptance of bribes, and judges were
subject to pressure from government authorities and other groups, which
appeared to influence the outcome of cases.
Widespread corruption throughout the legal system continued (see
section 4); specialized task forces in the AGO attempted to prosecute
such corruption.
At times, authorities did not respect court orders, and
decentralization created additional difficulties for the enforcement of
these orders. For example, local authorities in the city of Bogor
failed to honor a December 2010 Supreme Court decision related to a
construction permit for the GKI Yasmin Church.
During the year a number 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. Civil society organizations and other observers
criticized the short length of prison sentences imposed by military
courts.
NGO sources stated some military court proceedings were not public
and occasionally complained about access to hearings; for example, NGOs
complained about limited information from and access to the trial of
soldiers implicated in the death of Charles Mali (see section 1.c.).
However, the January court martial of three soldiers for the videotaped
torture of a Papuan detainee was public and attended by international
observers (see section 1.c.).
Four district courts located in Surabaya, Makassar, Jakarta, and
Medan are authorized to adjudicate cases of systematic gross human
rights violations with the recommendation of the Komnas HAM. 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 regulations for the
implementation of Sharia law were procedurally ambiguous, leading to
inconsistencies in its application. 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, in
some cases 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. Defendants enjoy the ability to access the
prosecution's evidence through application to the hearing panel's
presiding judge.
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.
For example, Jakarta Legal Aid handled 959 cases during the year. 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 notable exceptions of
Sharia court proceedings in Aceh and some military trials, trials are
public.
Political Prisoners and Detainees.--Credible international NGOs
estimated that there were more than 80 political prisoners at the end
of the year. Most were incarcerated under statutes banning the display
of banned separatist symbols (see section 2.a.). Government officials
affirmed publicly that they would not tolerate the display of
separatist symbols.
Activists with the separatist Republic of South Molucca (RMS)
organization continued to be imprisoned for displaying banned
separatist symbols. Authorities arrested RMS activists in Ambon for
allegedly planning to fly banned RMS flags during an August 2010 visit
by President Yudhoyono. Human rights activists reported that security
forces, including the police, abused these detainees during arrest and
questioning.
A number of Papuan independence activists, including Filep Karma,
were in detention or prison for raising a banned separatist flag. Some
prominent prisoners incarcerated for flag raising offenses, such as
Buchtar Tabuni, received standard remissions on Independence Day and
were released from prison early. Local human rights observers noted
that enforcement of flag-raising laws was not always consistent but was
widespread across Papua and West Papua provinces. These observers
asserted that persons arrested for political offenses often faced harsh
treatment including withholding of necessary medical care.
Local human rights activists reported that local activists and
family members generally were able to visit political prisoners,
although some prisoners were held far from their families on other
islands.
Civil Judicial Procedures and Remedies.--The civil court system can
be used to seek damages for victims of human rights violations;
however, widespread corruption and political influence limited victims'
access to this remedy. In one example of a petitioner winning redress,
on February 17, the Supreme Court ruled that Garuda Indonesia Airlines
must pay compensation of 3.38 billion rupiah (approximately $386,000)
to Suciwati, the widow of the late human rights activist Munir (see
section 1.a.).
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. The Law
on State Intelligence passed on October 11, granted new authorities to
the State Intelligence Agency (BIN) regarding surveillance and
intercepting communications. Some international and domestic NGOs
warned that the law could empower the government to stifle journalists,
political opponents, and human rights activists.
The government used its authority, and at times intimidation, to
expropriate or to facilitate private acquisition of 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, although
evictions of squatters living on government land and of street vendors
continued to decrease in Jakarta. The Agrarian Reform Consortium (KPA)
recorded 163 agrarian conflicts during the year, an increase from 106
cases in 2010. According to KPA, conflicts during the year involved
69,975 families and 1,166,449 acres of land. According to city
officials, the Jakarta administration carried out evictions during the
year, forcing persons out of their homes. Eviction cases continued to
be particularly contentious in rural areas close to extractive
industries and plantations and occasionally led to violence.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--Status of Freedom of Speech and
Press.--The constitution and the law provide for freedom of speech and
freedom of the press; however, the government and private actors 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.
Freedom of Speech.--Individuals and organizations have the right to
criticize the government publicly and privately and could discuss
almost all matters of public interest without reprisal. The law
criminalizes content that advocates separatism. Some NGOs and other
organizations reported government monitoring of their organizations,
and a number of laws limited the rights of individuals to engage in
speech deemed to be pro-separatist.
Freedom of Press.--The independent media were active and expressed
a wide variety of views. However, regional- and national-level
regulations were at times used to restrict the media. For example, the
government continued to restrict foreign media, NGOs, 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 ostensibly for reasons regarding the safety
of foreign visitors.
Inconsistent application of national broadcasting laws restricted
the ability of some specifically targeted radio stations to broadcast.
For example, local and national officials targeted Radio Erabaru, a
Chinese-language, Falun Gong-affiliated radio station. On September 6,
Radio Erabaru Director Gatot Machali, was convicted of broadcasting
without a license and sentenced to six months in prison, one year's
probation, and fined 50 million rupiah (approximately $5,800). At
year's end, Machali was appealing the decision. Although the case was
under appeal, on September 11, police and frequency monitoring
officials forcibly closed Radio Erabaru and confiscated the station's
broadcasting equipment.
Violence and Harassment.--The Indonesian Press Legal Aid Institute
(LBH Pers) reported that during the year, there were at least 96 cases
of media intimidation. The Alliance of Independent Journalists (AJI)
reported 49 cases of intimidation against journalists during the year
down from 51 cases in 2010.
For example, on March 3, two unidentified men stabbed journalist
Banjir Ambarita in the chest and abdomen in Jayapura, Papua. Ambarita
had written two articles linking police to sex abuse scandals (see
section 1.c.).
On May 7, police in Surabaya beat journalists covering the police
action interfering with a parade connected to the Falun Gong movement.
Citing discovery of new evidence, Press Legal Aid requested the
Supreme Court review the August 2010 stabbing and killing of television
reporter Ridwan Salamun while he was filming a fight between two
villages in Southeast Maluku. Judicial authorities had not responded to
the request by year's end.
Censorship or Content Restrictions.--In October 2010 the
Constitutional Court ruled unconstitutional a long-standing law that
gave the AGO the authority to ban written material. The Constitutional
Court ruled that the AGO maintains the authority to monitor written
material and to request a court order to ban written material.
Under the Blasphemy Law, ``spreading religious hatred, heresy and
blasphemy'' is punishable by up to five years in prison. On February 8,
a district court in Temanggung, Central Java sentenced a man to five
years in prison on blasphemy charges.
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. Unlike in previous
years, there were no reported new arrests related to the display of the
RMS flag. However, police continued to imprison individuals for raising
the Morning Star flag in Papua. For example, on August 18, the
Manokwari District Court sentenced Melkianus Bleskadit to two years in
prison and on August 23, sentenced Daniel Yenu to seven months and 16
days' imprisonment.
Libel Laws/National Security.--During the year the practice of
public figures and institutions involved in corruption or personal
disputes filing criminal and civil defamation complaints with police
continued. For example, Anas Urbaningrum, chair of the Democrat Party,
filed a defamation complaint against former Democrat Party treasurer
Muhammad Nazaruddin. Anas filed the complaint in response to
Nazaruddin's public corruption accusations against Urbaningrum. In
another case, Mustar Bonaventura and Ferdi Semaun, two activists from
the nationalist group Bendera, were sentenced on October 13 to seven
months in prison for failing to prove allegations that members of the
president's family and his election team embezzled funds related to the
Bank Century bailout.
Internet Freedom.--The government attempted to restrict access to
the Internet via the 2008 Information and Electronic Transaction Law.
The 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 Ministry of Communications and Information Technology requests
Internet service providers (ISPs) block access to pornographic Web
sites and other offensive content. On September 27, the minister
announced restrictions on over 900 Web sites deemed to be connected to
violent extremist groups. The ministry did not have any internal
mechanisms to block the Web sites in question. Enforcement of these
restrictions depended upon individual ISPs, and a failure to enforce
these restrictions could result in the revocation of an ISP's license.
Academic Freedom and Cultural Events.--The government generally did
not restrict academic freedom; however, there were continued
restrictions on cultural events.
In 2008 the DPR passed an anti-pornography 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 March 2010 the Constitutional Court ruled the anti-
pornography bill constitutional and not in violatation of the freedom
of religion and expression provisions of the constitution.
During the year the government-supervised Film Censorship Institute
continued to censor domestic and imported movies for content deemed
pornographic, religiously offensive, or otherwise offensive. As
recently as 2009, the Film Censorship Institute censored politically
sensitive films. Societal pressure led to self-censorship by some media
outlets.
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 generally does not
require permits for social, cultural, or religious gatherings; however,
any gathering of five or more persons related to political, labor, or
public policy requires police notification, and demonstrations require
a permit. In general these permits were granted routinely.
During the year police arrested participants in peaceful
demonstrations that included the display of illegal separatist symbols
(see section 2.a.).
On September 7, presidential security personnel assaulted several
human rights activists during a demonstration in front of the
presidential palace. Major national newspapers published photographs
showing a Presidential Security Force member grabbing a prominent human
rights activist by the throat. The Presidential Security Force
commander and President Yudhoyono's spokesperson defended the actions,
citing security concerns.
During the year there were a number of large demonstrations
throughout Papua. The majority were conducted in accordance with the
law and remained peaceful. However, on October 19, police and military
units violently dispersed participants in the Third Papua People's
Congress, a gathering held in Jayapura October 16-19. Activists
displayed banned separatist symbols and read out a Declaration of
Independence for the ``Republic of West Papua'' on the final day of the
gathering. Police fired into the air and detained hundreds of persons,
all but six of whom were released the following day. Three persons were
found shot and killed in the area. Police spokesmen claimed that the
police were equipped only with rubber bullets and other non-lethal
ammunition. Police beat many of those detained, and dozens were
injured. At year's end, six of the leaders of the Third Papua People's
Congress faced charges of treason and weapons possession.
Freedom of Association.--The law provides for freedom of
association, and the government generally respected it in practice.
Members of the Ahmadiyya religious group have not held any national
conferences since 2008, when the Bali police refused to issue them a
permit. In addition, some local governments continue to restrict their
right of assembly.
c. Freedom of Religion.--See the Department of State's
International Religious Freedom Report at http://state.gov/j/drl/irf/
rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The law provides for freedom of
movement within the country and generally allows for travel outside of
the country. However, 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 U.N. High
Commissioner for Refugees (UNHCR) and other humanitarian organizations
in providing protection and assistance to internally displaced persons,
refugees, returning refugees, asylum seekers, stateless persons, and
other persons of concern.
In-country Movement.--During the year the government continued to
restrict freedom of movement for foreigners to Papua and West Papua
provinces through a system of ``travel letters,'' but enforcement was
inconsistent.
Foreign Travel.--The government prevented arrivals and departures
at the request of police, the AGO, the Anticorruption Commission (KPK),
and the Ministry of Finance. Some of those barred from entering and
leaving were delinquent taxpayers, convicted or indicted persons,
individuals implicated in corruption cases, and persons otherwise
involved in legal disputes. In other cases the reasons were less clear.
For example, a British representative of the NGO Greenpeace was
prevented from entering the country on October 13.
Internally Displaced Persons (IDPs).--The international NGO
Internal Displacement Monitoring Center (IDMC) estimated in a December
22 report that the combined number of those still displaced and those
who have returned or resettled, but who continue to face barriers that
prevent them from enjoying the full range of their rights, may reach as
high as180,000. A lack of systematic monitoring of return and
resettlement conditions as well as difficulties in defining who is
still an IDP make this a rough estimate. Many were displaced due to
natural disasters. Others, such as those in Ambon, Maluku Province,
were displaced due to communal violence during the month of September.
In addition, there were also persons in Papua and West Papua displaced
by clashes between the security forces and OPM. The inability for
international monitors to evaluate events in Papua made it difficult to
verify specific allegations. According to IDMC, IDPs generally
struggled with poor housing, food insecurity, poor access to land, and
limited access to education and other basic services. While the central
and local governments made some efforts to promote the safe return or
resettlement of IDPs, these efforts remain incomplete. The 2007 Law on
Disaster Management stipulates that the government ensure ``the
fulfillment of the rights of the people and displaced persons affected
by disaster in a manner that is fair and in line with the minimum
service standards.''
Protection of Refugees.--Access to Asylum.--The law does not
provide for the granting of asylum or refugee status, and the
government has not established a system for providing protection to
refugees. There were varying estimates of the number of refugees and
asylum seekers in the country. At year's end, there were 3,233 asylum
seekers and 1,006 refugees registered with UNHCR. At year's end, the
International Organization for Migration (IOM) assisted immigration
authorities in caring for approximately 2,200 refugees or asylum
seekers in the country. The government reported 3,980 refugees or
asylum seekers. Some were applicants, and others were dependents. Most
refugees or asylum seekers come from Afghanistan, Sri Lanka, Iran,
Iraq, and Burma. More than 1,100 Afghan refugees and asylum seekers
were under the care of IOM.
Nonrefoulement.--In practice the government provided some
protection against the expulsion or return of refugees to countries
where their lives or freedom would be threatened on account of their
race, religion, nationality, membership in a particular social group,
or political opinion.
Access to Basic Services.--The government prohibited refugees from
working and accessing public elementary education.
Durable Solutions.--According to the Ministry of Housing,
approximately 100,000 former East Timorese refugees resided in West
Timor. The government provided 10,400 houses for former refugees in
Kupang, Timor Tengah Selatan, Timor Tengah Utara, and Belu regencies.
Nearly 25,000 people continue to live in refugee camps. Conflicts,
mostly involving land disputes, between local people and former
refugees sometimes occurred. An April 18 International Crisis Group
paper stated that many refugees were notr well integrated into host
communities, and that former refugees continued to return to Timor
Leste in small but increasing numbers.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The law provides citizens with the right to change their government
peacefully, and citizens exercised this right in practice through
periodic, free, and fair elections held on the basis of universal
suffrage.
Elections and Political Participation.--The 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).
Recent Elections.--In 2009 President Yudhoyono was reelected
overwhelmingly. Also in 2009 the country conducted its third democratic
legislative elections. In general, domestic and foreign observers found
the elections free and fair. The elections 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.
Political parties were required to win a minimum of 2.5 percent of
the national vote to qualify for a seat in the DPR. In 2009 nine
parties met this threshold and won seats in parliament. 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.
According to the Elections Commission (KPU) 63 regional elections
were scheduled during the year. This number includes 49 new elections
scheduled for 2011, eight elections originally scheduled for 2010, four
elections carried over from 2010, and two repeat elections from 2010;
there were also elections scheduled for four governors and 59 mayors/
regents. At year's end, gubernatorial elections in Papua and Aceh
remained delayed.
During the year the Constitutional Court received 132 requests to
adjudicate election disputes, and carried over six pending cases from
2010. Of these, 131 were decided, with 15 rulings in favor of
complainants. As a result of the decisions, there were election reruns
in several cases, including the West Papua gubernatorial election. At
year's end seven cases were pending.
The General Elections Monitoring Body, which handles reports of
electoral violations, received 1,718 reports of violations in 92 local
elections in 2011. Of these, 565 were considered administrative and
handed over to the KPU for follow-up. There were 372 considered to be
poll violations that involved criminal acts and which the police were
investigating.
In a few isolated cases, local elections led to civil disturbances.
For example, in Puncak, Papua, various reports indicated that on July
30-31, 19 people were killed in conflict stemming from clashes between
rival politicians. In another case, individuals blockaded roads,
damaged public facilities, and burned down the recently re-elected West
Papua Governor Abraham Ataruri's residence on December 19. At year's
end, police had arrested 13 people and named 11 other suspects.
Participation of Women and Minorities.--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, encouraged parties to include
more women candidates. The Constitutional Court invalidated this clause
when it struck down the law and ruled voters 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 2009 elections. During the year
women held four 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.
With the exception of Aceh Province, where non-Muslims effectively
were 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 tried to implement the law. Despite the arrest
and conviction of many high-profile and high-powered officials, there
was a widespread domestic and international perception that corruption
remained 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 76 inquiries, 65 investigations, and 45 prosecutions. As
a result of the KPK's prevention and prosecutorial activities, it
recovered a total of approximately 134 billion rupiah (approximately
$14.7 million) in state assets. In addition, it recovered and prevented
the loss of more than 150 trillion rupiah ($16.6 billion) in state
assets, according to the KPK's annual report.
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 85 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 November the task force had
received 4,850 complaints, including 1,066 cases related to land rights
issues; 709 cases related to corruption, collusion, and nepotism; 458
cases of fraud and embezzlement; and 268 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.
Anticorruption reform continued to be exploited in political power
struggles between legislators and others. During the year corruption
allegations against Muhammad Nazaruddin, the former treasurer of
President Yudhoyono's Democrat Party, and his counter accusations
against a number of prominent figures transfixed the public. On May 24,
Nazaruddin fled the country after he was accused of extorting kickbacks
and engineering contracts during construction of the athletes' village
for the Southeast Asia Games. On August 13, Nazaruddin was repatriated
from Colombia. Government investigation continued into the breadth of
Nazaruddin's corruption, with some NGOs stating that he was involved in
as many as 50 separate projects.
On January 19, the South Jakarta District Court sentenced former
tax directorate official Gayus Tambunan to seven years in prison and a
fine of rupiah 300 million (approximately $33,000). Gayus was found
guilty of bribery in his March 2010 acquittal; he also was convicted of
misusing his authority, and of lying about his wealth.
By law, senior government officials, as well as other officials
working in certain agencies, are required to file financial disclosure
reports.
In April 2010 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
unwilling or unprepared to implement the law. A September study by the
NGO KontraS reported that implementation of the law remains slow within
the Indonesian National Police.
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
A number of domestic human rights organizations generally operated
without government restriction throughout the country, investigating
and publishing their findings on human rights cases as well as
advocating 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 and Aceh, subjected
the organizations to monitoring, harassment, and interference as well
as threats and intimidation. Activists said intelligence officers
followed them, took their pictures surreptitiously, and sometimes
questioned their friends and family members regarding their whereabouts
and activities.
Human rights and anticorruption activists reported receiving
threatening messages and other intimidation from unknown sources.
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, and restricted their movement in these
areas. Government monitoring of foreigners occurred in conflict areas.
Some domestic human rights organizations expressed concern about the
possible negative consequences of contacting foreigners. In one case,
the government subjected a foreign researcher for an international
human rights organization to ``forced repatriation.'' She was
conducting research into religious intolerance in Madura when local
authorities detained her.
Government Human Rights Bodies.--A number of independent
government-affiliated bodies addressed human rights problems, including
the National Ombudsman, the National Commission on Violence Against
Women (Komnas Perempuan), and the National Commission on Human Rights
(Komnas HAM). The public generally trusted Komnas HAM, Komnas
Perempuan, and the Ombudsman, but government cooperation with their
recommendations was not mandatory and not usual.
In 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. Despite this authorization, 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, establishment of the court
remained stalled due to complications stemming from other national-
level legislation.
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. On October
6, President Yudhoyono issued a decree establishing an action plan for
implementation of the CTF recommendations and assigning responsibility
within the government for particular subjects.
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 the
country.
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, particularly for minority communities.
Women.--Rape and Domestic Violence.--The law criminalizes rape,
although the legal definition of rape is narrow and excludes marital
rape. Reliable nationwide statistics on the incidence of rape continued
to be unavailable. Rape is punishable by four to 14 years in prison,
and the government imprisoned perpetrators for rape and attempted rape;
however, light sentences continued to be a problem and 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 and significantly
underreported by the government. Nationwide figures were unavailable.
Most NGOs working on women and children's issues believed the real
figure was far higher than the available government statistics, 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 deterred many women from reporting domestic
violence. During the year the Women's Legal Aid Foundation received 417
complaints of domestic violence, including physical and sexual
harassment. They also received 61 criminal complaints, of which 36 were
related to sexual violence.
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.
Female Genital Mutilation: According to NGOs, some female genital
mutilation (FGM) of women over the age of 18 occurred. A 2010 Ministry
of Health decree provides specific instructions prohibiting certain
more drastic types of FGM but explicitly permitting others. This
Ministry of Health decree states that doctors, midwives, and licensed
nurses may perform FGM with the request and consent of the woman on
whom it is performed (see section 6, children).
Sexual Harassment.--Although not explicitly mentioned, sexual
harassment is against the law and is actionable under the criminal
code.
Sex Tourism.--International sex tourism and child sex tourism
continued, especially on the islands of Batam and Karimun and in major
urban centers across the country.
Reproductive Rights.--The government recognized 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, in November 2010 an international
NGO reported that women sometimes were denied the opportunity to select
the contraceptive methods best suited to their needs or preferences.
This may have more to do with costs and availability of different
methods, as a significant proportion of those who use family planning
access services from private providers. The report indicated that
unmarried women in particular were not provided adequate access to
contraceptives and this continued to be an issue. According to the 2007
Demographic and Health Survey (DHS), 61.4 percent of married women used
contraception. The DHS also found that 93 percent of women received
medical prenatal care. The official maternal mortality ratio per the
2007 DHS was 228 per 100,000 live births. The primary causes of
maternal mortality were post partum hemorrhage, pre-eclampsia, and
sepsis. According to a 2010 World Bank review, there were several key
factors in the high rates of maternal mortality. While 79 percent of
women had skilled birth attendants at delivery, the uneven deployment
of midwives at the community level and the substandard training for
many midwives and high use of traditional birth attendants were
contributing factors. Hospitals and health centers were not performing
at optimal levels in management of complications and there were issues
with referrals for complications including financial barriers or
limited availability of qualified health personnel. Close to 50 percent
of births occured at home. A woman's economic status, level of
education and age at first marriage also affected maternal mortality.
Government policy provides that women and men have equal access to
diagnosis and treatment for sexually transmitted infections.
Discrimination.--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. The Ministry of Home
Affairs is responsible for ``harmonizing'' local regulations that are
not in line with national legislation. During the year, the ministry
evaluated 9,000 local regulations and cancelled 351 deemed in conflict
with national law.
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 continued to
increase. 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 45 percent of all civil servants as of June 2009 but
less than 9 percent of senior civil servants. 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
workers received 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.--Birth Registration.--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, this registration requirement 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.
Education.--Although the law provides for free education, in
practice most schools were not free, 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 universally enforce these
requirements. Although girls and boys received equal educational
opportunities, boys continued to be 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.
Out of 26 million elementary school students the national
government provided educational assistance to 2.025 million whose
families were below the poverty line. The government categorized as
poor a person earning 233,000 rupiah ($26.60) or less per month.
Child Abuse.--Child labor and sexual abuse were serious problems.
Child abuse is prohibited by law, but government efforts to combat it
generally continued to be slow and ineffective. 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. Komnas Perlindungan Anak
reported that during the year, it received 2,508 reports of cases of
violence against children.
According to Komnas Perlindungan Anak, approximately 8.5 million
children under the age of 18 were working because of poverty.
Substantial numbers of street children were apparent in Jakarta and
the provinces of East Java, West Java, North Sumatra, and South
Sulawesi. According to media reports, as of August there were were
8,000 street children in Jakarta. Of these, 5,420 participated in a
social welfare program run by the Ministry of Social Affairs and the
ILO. This media report estimated that there were 230,000 street
children in the country. The government continued to fund shelters
administered by local NGOs and paid for the education of some street
children.
Child Marriage.--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.
Harmful Traditional Practices.--FGM of children 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. A
November 2010 Ministry of Health decree prohibits certain more drastic
types of FGM but explicitly permits doctors, midwifes, and licensed
nurses to conduct FGM. The decree requires the consent of the subject,
a parent, or guardian before undergoing the procedure. The practice
remains prevalent in the country. NGO activists said that FGM was seen
by some as a religious duty.
Sexual Exploitation of Children.--While there is no offense by the
name of statutory rape under the law, the penal code forbids consensual
sex outside of marriage with women under the age of 15. The 2008
Pornography Law prohibits child pornography and establishes penalties.
Nationally, UNICEF estimated 40,000 to 70,000 children were the victims
of sexual exploitation, and estimated that 30 percent of all female
commercial sex workers were underage. Many teenage girls were forced
into prostitution, often through debt bondage. NGOs and government
officials believed the number was 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.
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 believed that at least in some areas, the
percentage of girls among street children seemed to be growing.
International Child Abductions.--The country is not a party to the
1980 Hague Convention on the Civil Aspects of International Child
Abduction.
Anti-Semitism.--The Jewish population was extremely small. In
contrast to previous years, there were no reported protests at the Beth
Hashem synagogue in Surabaya, East Java. Although the government
promoted tolerance education in primary schools, there was no specific
curriculum devoted exclusively to anti-Semitism education.
Trafficking in Persons.--See the Department of State's Trafficking
in Persons Report at http://state.gov/j/tip.
Persons With Disabilities.--The law prohibits discrimination
against persons with physical and mental disabilities in employment,
education, access to health care, or 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 classifies persons with disabilities into
three categories: physically disabled, intellectually disabled, and
physically and intellectually disabled. These categories are further
divided for schooling. 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.
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, which 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. Some activists assert that most cases of discrimination
against ethnic Chinese persons go unreported. Some public officials
made public statements that government officials of Chinese ethnicity
made decisions based on their heritage and not based on national
interest. 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.
Some human rights activists asserted a 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. However, the number of transmigrants as
compared with spontaneous economic migrants was relatively small.
During the year, 7,274 families participated in government-sponsored
transmigration programs. In some areas, such as parts of Sulawesi, the
Malukus, Kalimantan, Aceh, and Papua, relations between transmigrants
and indigenous people were poor.
Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--The 2008 Pornography Law bans
consensual same-sex sexual activity. In addition, local regulations
across the country criminalize same-sex sexual activity. According to
NGOs, many persons characterized lesbian, gay, bisexual, and
transgender (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 sometimes were
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 occasionally were victims of police abuse.
LGBT groups maintained a lower profile throughout the year compared
to previous years, in part due to concerns over physical security. In
September the Q! Film Festival, subject of protests in 2010, took place
in five cities but with strict limitations on publicity.
NGOs documented instances of government officials not issuing
identity cards to LGBT individuals. Transgender individuals faced
discrimination in obtaining services, including health and other public
services.
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. Freedom of Association and the Right to Collective Bargaining.--
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. 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.
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. 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.
The law prohibits employment discrimination against union
organizers and members and provides penalties for violations. The law
also requires employers to reinstate workers fired for union activity.
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. The law does not
extend the right to strike to most civil servants or to workers in
SOEs.
A 2003 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.'' Although this wording recalls the definition of an
``essential industry,'' the regulation does not specify the types of
enterprises affected, leaving this determination to the government's
discretion. The same regulation also classifies strikes as illegal if
they are ``not as a result of failed negotiations.''
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. In the case of an
illegal strike, an employer 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.
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. External observers note that this excessive
requirement adds additional barriers to enjoying the right to
collective bargaining. The Manpower Act, which regulates collective
bargaining, and general employment conditions, does not apply to
workers in SOEs.
On November 17, The Ministry of Manpower and Transmigration issued
implementing regulations on the right to organize and bargain
collectively. According to the Manpower and Transmigration 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.
Enforcement of CLAs varied based on the capacity and interest of
individual regional governments.
In practice, the government did not effectively enforce laws
protecting freedom of association and prohibiting antiunion
discrimination. Some unions reported local ministry offices
prejudicially recommended denial of registration.
Antiunion discrimination cases moved excessively slowly through the
court system, sometimes taking up to six years. Bribery and judicial
corruption in workers' disputes continued, and courts rarely decided
cases in the workers' favor. While dismissed workers sometimes received
severance pay or other compensation, 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.
Labor activists continued to claim that companies orchestrate the
formation of multiple unions, including ``yellow'' unions, to weaken
legitimate unions.
Activists reported that there were stronger antiunion sentiments
and actions by employers in special economic zones (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.
Employees at the Surabaya Zoo established a labor union in June
2010. 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. Management
reduced the salary and benefits of those who joined the union. The
union was informally disbanded when the zoo's managing body refused to
extend the contract of the labor union's activists, arguing that
members participated in an illegal strike in 2010. While the union was
legally intact at year's end, none of the members were active. The City
of Surabaya Industrial Court asked zoo management to reemploy the 30
fired union activists; zoo management has appealed this to the
Constitutional Court. At year's end, the appeal was still pending and
the union activists had not been reemployed.
In practice, the cumbersome process required for a legal strike, as
well as the government regulations included in the Manpower Act
provided employers a clear means to obstruct a union's move to legally
strike. Therefore, 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. 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.
Employer retribution against union organizers, including dismissals
and violence, was not prevented effectively or remedied in practice.
Employers commonly used intimidation tactics against strikers,
including administrative dismissal of employees through use of the
appeals process described above. Some employers threatened employees
who made contact with union organizers. Management singled out strike
leaders for layoffs when companies downsized.
A notable series of strikes occurred at Freeport's copper and gold
mine in Papua Province. Between July and December there were a series
of negotiations and mediations punctuated by strike actions. Workers
initially demanded a significant increase in minimum wages across the
pay scale, reported to be in the range of 600 to 1,200 percent.
Freeport responded with an 11 percent annual increase over two years.
Freeport workers established roadblocks blocking access to Freeport's
main road on October 11. Freeport and the union reached a labor
agreement on December 23, and workers removed the roadblocks on
December 25.
Union leaders reported that they faced intimidation from mine
operators, including withholding of wages of striking workers.
Management at Freeport Indonesia also reported cases of intimidation,
including pressure on contract workers by union members to join the
strike. During the strike, an increased police presence near Timika
aimed to prevent unrest. On October 10, one miner died during a clash
between police and protestors. During the clash, police fired live
ammunition at protesters.
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. Parliament passed the demanded legislation on October
28.
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.
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.
b. 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.c.). Forms of forced labor included domestic
servitude, commercial sexual exploitation, and forced labor in the
mining, fishing, and agricultural sectors.
On May 30, the government signed a protocol amending the 2006
memorandum of understanding (MOU) on the recruitment and placement of
Indonesian domestic workers with the government of Malaysia. The
amended MOU allows domestic workers to keep their passports instead of
surrendering them to their employers, and guarantees them a weekly day
off. The amended MOU does not set a minimum wage, nor does it prevent
recruitment firms from charging high fees that, some observers argue,
can result in instances of debt bondage.
Also see the Department of State's Trafficking in Persons Report at
http://state.gov/j/tip.
c. 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 in light work for 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. Entrepreneurs hiring children must also meet their occupational
safety and health requirements. 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. The law and regulations
explicitly prohibit forced labor by children.
The government did not enforce minimum age laws effectively, and
furthermore did not act effectively to eliminate forced child labor.
Despite legislative and regulatory measures, most children who worked,
including as domestic workers, 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.
An estimated six to eight million children exceeded the legal
three-hour-daily work limit, working in agriculture, street vending,
mining, clothing manufacture, and other areas. A 2009 survey from by
the International Labor Organization and the National Statistics Agency
reported that about four million working children age 10 to 17 are
considered employed in wage work by the standard definition.
Children worked in agriculture primarily on palm oil, tobacco,
rubber, and tea plantations. Children also worked in fisheries,
manufacturing (such as cottage factory footwear production, textiles,
and 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 significant number of children worked against their will in
prostitution; pornography; begging; drug sale, production, and
trafficking; domestic service; and other exploitive situations,
including a small number on fishing platforms.
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. Child domestic work is considered one of the
worst forms of child labor, as it often renders children vulnerable to
sexual, physical, or psychological abuse.
Also see the Department of Labor's Findings on the Worst Forms of
Child Labor at http://dol.gov/ilab/programs/ocft/tda.htm.
d. 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 West Papua Province offered the highest minimum wage at 1.41
million rupiah (approximately $160) per month, while the Manpower
Ministry reported official minimum wages as low as 705,000 rupiah ($80)
per month in East Java. Jakarta's minimum wage was 1.29 million rupiah
($145) per month. As of March, the official poverty line was 233,740
rupiah (approximately $26) per capita per month.
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. The law also requires employers to register
workers with and pay contributions to the state-owned insurance agency.
Both the law and regulations provide for minimum standards of
industrial health and safety. Workers are obligated to report hazardous
working conditions, and employers are forbidden by law from retaliating
against those who do report hazardous working conditions. By law,
workers have the right to remove themselves from hazardous conditions
without jeopardizing employment.
Local officials from the Manpower Ministry are responsible for
enforcing regulations on minimum wage and hours of work, as well as
health and safety standards. The Manpower Ministry continued to urge
employers to comply with the law; however, government enforcement
remained inadequate, particularly at smaller companies, and supervision
of labor standards continued to be weak. There is no enforcement of the
minimum wage in the informal sector.
The practical observance of laws regulating benefits and labor
standards, including wage and hours, varied by sector and region.
Unions complained that companies relied upon excessive overtime in some
garment and electronics assembly plants, to the detriment of workers'
health and safety. 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.
On October 28, the DPR passed the Social Security Providers Bill
after more than a year of debate. The new law merges four state-owned
insurance companies into two not-for-profit entities under the
supervision of the president. The new entities, one covering health and
one covering employment-related insurance, will ultimately cover all
workers regardless of employment sector. Analysts and labor observers
described the new bill as a significant improvement over the previous
system.
Although labor law and ministerial regulations provide workers with
a variety of benefits, it was estimated that, aside from government
officials, only 10 percent of workers received social security
benefits. Persons who worked at formal sector companies often received
health benefits, meal privileges, and transportation, which was rarely
provided for workers in the informal sector. The Manpower Act also
requires employers to provide a safe and healthy workplace and to treat
workers with dignity. Enforcement of health and safety standards in
smaller companies and in the informal sector tended to be weaker or
nonexistent.
The country's worker safety record was poor. The state-owned
insurance agency reported approximately 99,000 workplace accidents
during the year, an average of 271 incidents per day. Additionally,
workers who sought to leave an unsafe workplace could not avail
themselves of this right.
__________
JAPAN
executive summary
Japan is a constitutional monarchy with a parliamentary government.
Prime Minister Yoshihiko Noda, leader of the Democratic Party of Japan,
derives his authority to govern from the constitution. July 2010 upper-
house elections were considered free and fair. Security forces reported
to civilian authorities.
The leading human rights problems included the lack of due process
for pretrial detainees; the exploitation of children; and societal
discrimination against women in employment, children born out of
wedlock, ethnic minority group members, persons with disabilities, and
foreigners, including permanent residents.
Other human rights problems included prison and detention center
conditions, prosecutorial misconduct, journalistic self-censorship,
domestic violence and sexual harassment against women, corruption,
trafficking in persons, and the exploitation of foreign trainee
workers.
The government enforced laws prohibiting human rights abuses and
prosecuted officials who committed them.
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 December 27, an Okazaki Medical Prison official resigned after
being sanctioned for physically abusing a patient. According to press
reports, he grabbed, kicked, and beat the prisoner with a slipper when
the prisoner refused to take oral medication.
On August 5, the widow and the mother of a Ghanaian man, who died
in March 2010 while being forcibly restrained during a deportation
attempt, sued the government. Although an official autopsy did not
determine the cause of death and noted no sign of physical harm, his
widow stated she saw bruises when identifying the body, and immigration
officials testified in the Diet (parliament) that he was gagged by a
towel and forced into his seat by 10 officers. Police sent an
investigation report to Chiba Prefecture prosecutors in 2010, but no
charges were filed by the end of the year.
The government continued to deny death-row inmates advance
information about the date of execution and notified family members of
executions after the fact. The government stated this policy was
designed to spare prisoners the anguish of knowing when they were going
to die. Some respected psychologists agreed; others demurred.
Following the 2010 conviction of four instructors for abusing
residents at a reform facility for juvenile offenders and subsequent
allegations of abuse at other facilities, the government reported that
it implemented human rights training for mid-level supervisors at the
country's 52 juvenile training schools.
Hazing, bullying, and sexual harassment continued to be reported as
problems in the Japanese Self-Defense Forces (JSDF) during the year;
the JSDF leadership penalized offenders, according to information
received.
Prison and Detention Center Conditions.--Prison conditions
generally met international standards, except that several facilities
were overcrowded, did not provide prisoners in solitary confinement
with adequate access to potable water, or lacked sufficient heating in
the winter or air conditioning in the summer. In some institutions,
clothing and blankets were insufficient to protect inmates against cold
weather. Most prisons did not provide heating during nighttime hours in
winter despite freezing temperatures, subjecting inmates to a range of
preventable cold injuries. Foreign prisoners in the Tokyo area
presented to visiting diplomats during the year chilblains-affected
fingers and toes of varying severity, the direct result of long-term
exposure to cold. On September 8, Kobe District Court ordered the
government to pay 43 million yen (approximately $558,000) to the family
of a man who died in 2006 while a prisoner in the Kobe Detention House,
finding the facility at fault for failing to seek medical assistance
for the man, who family members claimed froze to death.
Credible nongovernmental organizations (NGOs) continued to report
that prison management regularly abused solitary confinement rules,
which set a maximum of three months, but with the possibility of
extension every month thereafter if deemed necessary. Prison officials
stated that solitary confinement is important in maintaining order in
prisons at or above capacity. An NGO noted that during the year
officials became more sensitive to the needs of ill detainees held in
isolation in the wake of two deaths in 2010.
Authorities reportedly held prisoners condemned to death in
solitary for an average of almost eight years until their execution--
and according to Amnesty International (AI) in March, some of these
prisoners were kept in solitary for decades--although authorities
allowed them to receive visits by their families, lawyers, and others.
AI also concluded that a number of death-row inmates had become
mentally ill as a result of the isolation, although authorities
summarily denied requests for their mental health records so no
independent determination could be made. The law states that a
prisoner's insanity is grounds for suspending an execution, but the
government reported that there has never been such a case.
Reliable NGOs and foreign diplomats also reported that some
facilities continued to provide inadequate food and medical care.
Foreign diplomats confirmed numerous cases in which the prison diet was
inadequate to prevent significant weight loss, including loss of 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 in
providing treatment of mental illness and continued to have no protocol
for offering psychiatric therapy. NGOs, lawyers, and doctors also
criticized medical care in police-operated pre-indictment detention
centers and immigration detention centers. Poor sanitary and health
conditions in the latter continued to result in complaints of common
fungal infections among detainees. In the July 4 report of her July
2010 visit, the U.N. special rapporteur on the human right to safe
drinking water and sanitation raised concern about prisoner sanitation
in protection cells.
As of October there were 70,624 prisoners, a slight decrease from
2010. This figure, which counts detained defendants and suspects as
well as sentenced prisoners and convicts, included 5,330 female
prisoners and 29 minors. Men and women prisoners were held in separate
facilities in prisons and detention centers. Although the national
prison population was significantly less than the country's facility
capacity of 90,182 (in 2010), 13 prison facilities experienced
overcrowding. Sentenced female prisoners, more than 120 percent of
capacity nationwide, experienced the most constrained conditions.
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. Having acknowledged that
overcrowding was a problem, the government expanded prison capacity by
approximately 7,400 persons between 2007 and 2010.
Reliable NGOs and foreign diplomats reported throughout the year
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. Authorities
often limited prisoners' access to visitors to immediate family
members. The law allows for broad religious observance 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 by prison. As a result, routine access to
religious observance was not guaranteed, and foreign diplomats stated
that prison officials repeatedly rejected some prisoners' requests to
join religious meetings by citing limits on group size.
While authorities permitted prisoners and detainees to submit
complaints to judicial authorities without censorship and to request
investigation of credible allegations of inhumane conditions, they
provided the results of such investigations to prisoners in a letter
offering little detail beyond a final determination. Alternative and
suspended sentences were commonly used for first-time and nonviolent
offenders.
There were no ombudsmen serving on behalf of prisoners and
detainees, although prison management regulations stipulate that
independent committees inspect prisons and detention centers operated
by the Ministry of Justice and detention facilities operated by police.
The committees--which included physicians, lawyers, local municipal
officials, representatives of local communities, and other local
citizens--conducted visits and interviews and made recommendations
during the year.
By law there is also an inspection process for immigration
detention facilities, but it was not completely independent. Domestic
and international NGOs and international organizations noted throughout
the year that this process failed to meet international prison
inspection standards, citing the Ministry of Justice's provision of all
logistical support for the inspection committee, the use of ministry
interpreters during interviews with detainees, the lack of repeat
visits to the same facilities, the ability of prison officials to
screen lists of detainees to be interviewed, and the ability of
ministry officials to access a locked mailbox where detainees may
submit complaints to the committee.
There is no inspection procedure 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 credible NGOs and journalists continued to
allege 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.
Role of the Police and Security Apparatus.--The National Public
Safety Commission, a cabinet-level entity, oversees the National Police
Agency (NPA) and prefectural public safety commissions have
responsibility for local police forces. The government has effective
mechanisms to investigate and punish abuse and corruption. There were
no reports of impunity involving the security forces during the year.
However, some NGOs criticized local public safety commissions for
lacking independence from or sufficient authority over police agencies.
Arrest Procedures and Treatment While in Detention.--Authorities
apprehended persons openly with warrants based on sufficient evidence
and issued by a duly authorized official and brought detainees before
an independent judiciary. Credible NGOs claimed that warrants were
granted at high rates and that detention sometimes occurred even though
the evidentiary grounds were weak.
The use of police-operated detention centers placed suspects in the
custody of their interrogators, although the law separates
investigation from detention even when the same agency is responsible
for both functions. The vast majority of arrested suspects were sent to
police detention facilities, with a much smaller proportion sent to
Justice Ministry-operated preindictment detention centers.
The law provides detainees the right to a prompt judicial
determination of the legality of their detention and requires
authorities to inform detainees immediately of the charges against
them. In practice, however, detained persons were often held for up to
23 days with no charges filed.
The law 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 Justice Ministry detention facilities. Reliable NGOs
also stated that, although the practice is illegal, interrogators
sometimes offered bail to a detainee in exchange for a confession.
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. Pre-
indictment detainees had access to counsel, including at least one
consultation with a court-appointed attorney. Prisoner advocates stated
that in practice this access continued to improve during the year 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. The law 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 respected 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. In response to the U.N. Committee against
Torture's (UN CAT) 2007 recommendation that defense counsel be present
during interrogations, in July the government rejoined that such a
presence would inhibit the ability of an interrogator expeditiously to
obtain true statements from a suspect.
National Public Safety Commission regulations prohibit 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. According to
credible NGOs, however, the rules were not adequately enforced, and
authorities continued to subject detainees to eight- to12-hour
interrogation sessions during which authorities handcuffed them to a
chair for the entire period and used aggressive questioning techniques.
The NPA announced on March 24 that it had referred 30 cases of
possible violations of interrogation guidelines for review (but it does
not release review results). The NPA also stated that it had received
474 complaints regarding interrogations during the same period. In
April a court convicted Osaka police officer Kazuya Takahashi of
illegal intimidation and fined him 300,000 yen (approximately $3,900),
after a man in his custody surreptitiously recorded his September 2010
interrogation and subsequently filed a complaint with prosecutors. All
prefectures have trial programs to record limited sections of some
interrogations; some prefectural governments began pilot programs to
record entire interrogations.
Pretrial Detention.--Authorities usually held suspects in police-
operated detention centers for an initial 72 hours. By law, this
preindictment detention is allowed only where there is probable cause
to suspect that a person has committed a crime and is likely to conceal
or destroy evidence or flee, but it is used routinely in practice.
After interviewing a suspect at the end of the initial 72-hour period,
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 cases such as insurrection, foreign
aggression, and disturbance. Because judges customarily granted
prosecutorial requests for extensions, the system of pretrial
detention, known as daiyou kangoku (substitute prison), usually
continued for 23 days. Nearly all persons detained during the year were
held in daiyou kangoku.
e. Denial of Fair Public Trial.--The law provides for an
independent judiciary, and the government generally respected judicial
independence in practice.
Trial Procedures.--The law provides the right to a fair trial for
all citizens and that each charged individual receives a public trial
by an independent civilian court, has access to defense counsel, and
has the right to cross-examine witnesses. There is a lay judge (jury)
system for serious criminal cases. A defendant is presumed innocent
until proven guilty in a court of law, and defendants cannot be
compelled to testify against themselves.
Respected NGOs and lawyers continued to question whether defendants
were presumed innocent in practice. According to NGOs, the majority of
indicted detainees confessed while in police custody, although the
government asserted in its July reply to the U.N. CAT that convictions
were not based primarily on confessions and that interrogation
guidelines ensure that suspects cannot be compelled to confess to a
crime.
In 2010 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, although the government
disagreed.
Persons convicted on the basis of police-obtained confessions were
later proved innocent. For example, on May 24, in a retrial ordered by
the Supreme Court in light of new evidence, including revelations that
police tampered with interrogation tapes, a court found two men not
guilty who had confessed to and were convicted of murder in Ibaraki
Prefecture in 1967. Paroled in 1996, they had insisted the confessions
were coerced and sought exoneration.
According to some independent legal scholars, trial procedures
favor the prosecution, although the government demurred. 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 difficult 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. Police responses in those cases were that all
evidence was destroyed after the initial trial. On April 12, a court
convicted and sentenced senior Osaka prosecutor Tsunehiko Maeda to 18
months in prison for falsifying evidence and then concealing that
criminal act in the case of a public servant on trial for alleged
postal fraud. Chief Prosecutor Hiromichi Otsubo and Deputy Chief
Prosecutor Motoaki Saga, who oversaw the investigation, were charged
with knowingly concealing a crime, and their trial was ongoing at
year's end.
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.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The law prohibits such actions, and the government
generally respected these prohibitions in practice.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--Status of Freedom of Speech and
Press.--The law provides for freedom of speech and press, and the
government generally respected these rights in practice. A vocal and
independent press, an effective judiciary, and a functioning democratic
political system combined to ensure freedom of speech and of the press.
Censorship or Content Restrictions.--As reported by Freedom House
and other NGOs during the year, press clubs continued to encourage
noncritical and similar news coverage by fostering close relationships
among media personnel, officials, and politicians that in turn led
journalists to practice self-censorship in exchange for access. On
April 25, a group of freelancers launched the privately funded Free
Press Association of Japan to seek broader journalistic access to press
conferences and information.
Internet Freedom.--There were no government restrictions on access
to the Internet or credible reports that the government monitored e-
mail or Internet chat rooms. Individuals and groups could engage in the
peaceful expression of views via the Internet, including by e-mail.
Academic Freedom and Cultural Events.--The Ministry of Education's
approval process for history textbooks continued to be a subject of
controversy, particularly regarding the treatment of certain 20th
century subjects. Some textbook authors accused the ministry of editing
their writing in ways that distorted the intended meaning.
The national anthem and flag continued to be controversial symbols.
Teachers continued to be disciplined for refusing to sing the national
anthem in front of the flag. On May 30, the Supreme Court ruled that
requiring teachers to stand and sing the national anthem is
constitutional. The Federation of Bar Associations and human rights
organizations protested the ruling.
There were no government restrictions on cultural events.
b. Freedom of Peaceful Assembly and Association.--The law provides
for freedom of assembly and association, and the government generally
respected these rights in practice.
c. Freedom of Religion.--See the International Religious Freedom
Report at http://state.gov/j/drl/irf/rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The law provides for freedom of
movement within the country, foreign travel, emigration, and
repatriation, and the government generally respected these rights in
practice. The government cooperated with the UNHCR and other
humanitarian organizations in providing protection and assistance to
internally displaced persons, refugees, asylum seekers, and other
persons of concern.
Internally Displaced Persons.--On March 11, one of the strongest
earthquakes ever measured--followed by a devastating tsunami and a
nuclear power plant disaster in Fukushima Prefecture--displaced more
than 470,000 persons from their homes for varying lengths of time. The
government generally provided adequate shelter and other protective
services and sought to provide permanent relocation or reconstruction
options, but there were public complaints regarding tardy evacuation
orders and temporary resettlement subsidies. Although only 678 persons
remained in evacuation centers as of December 15, approximately 334,000
persons were in nonpermanent housing.
Protection of Refugees.--Access to Asylum.--The country's laws
provide for the granting of asylum or refugee status, and the
government has established a system for providing protection to
refugees. The government continued a small-scale, pilot resettlement
program; in the second year of this three-year program, 18 Burmese
refugees arrived in Japan from Thailand during the year.
Refugee and asylum applicants may ask lawyers to participate in
their appeal hearings before refugee examiners. Although government-
funded legal support was not available for most refugee and asylum
seekers requesting it, the Federation of Bar Associations funded a
program that provided free legal assistance to those applicants who
lacked financial means.
In his March 21 report on a 2010 visit, the U.N. special rapporteur
on the human rights of migrants expressed concern about the policy of
detaining asylum seekers and other irregular migrants for prolonged
periods. A Justice Ministry policy begun in 2010 to streamline the
asylum petition process and reduce time spent in detention led to
significant improvement during the year: The number of immigrants
detained for more than one year fell from 115 in 2009 to 47 during
2011. The policy stipulates that the cases of all detained asylum
seekers must be reviewed quarterly and first-instance decisions must be
completed within six months of application. Authorities completed
first-instance decisions within approximately five months on average,
more than 60 percent faster than in 2010.
NGOs believed that inadequate explanation of the cause for
rejecting an asylum application made appealing the decision difficult.
Refugee groups reported that some asylum seekers received preferential
consideration. Of the 402 individuals whom authorities in 2010 granted
some form of humanitarian protection, 356--more than 88 percent--were
from Burma; Burmese made up fewer than 30 percent of all asylum
seekers.
Nonrefoulement.--In practice the government provided some
protection against the expulsion or return of refugees to countries
where their lives or freedom would be threatened on account of their
race, religion, nationality, membership in a particular social group,
or political opinion. However, refugee groups expressed concern during
the year that, due to the government's high threshold for proof in
adjudicating asylum applications, some asylum seekers may have been
forcibly returned to situations of risk.
Employment.--Applicants for refugee status normally are not allowed
to work unless they meet certain conditions. To obtain the right to
work, they must be in need and dependent on government shelters or NGO
support. In the interim the Refugee Assistance Headquarters, a
government-funded foundation, provides small stipends. However, budget
limitations prevented many applicants from accessing this aid during
the year.
Access to Basic Services.--Refugees faced the same discrimination
patterns that other foreigners did: reduced access to housing,
education, and employment. Except for those who met the right-to-work
conditions stated above, individuals whose refugee status was pending
or on appeal also did not have the right to receive social welfare,
rendering them completely dependent on overcrowded government shelters,
illegal employment not subject to labor-law oversight, or NGO
assistance. In his March 21 report, the U.N. special rapporteur on
migrants expressed concern about the difficulties for migrant children
to access education either in Japanese or foreign schools.
Temporary Protection.--The government also provided temporary
protection to individuals who may not qualify as refugees and provided
it to 363 persons in 2010.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The law provides citizens the right to change their government
peacefully, and citizens exercised this right in practice through
periodic, free, and fair elections based on universal suffrage.
Elections and Political Participation.--Recent Elections.--In July
2010 the country held national elections for the House of Councillors,
the upper house of the Diet, which were considered free and fair.
Participation of Women and Minorities.--Women held 52 of 480 seats
in the House of Representatives, 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 one woman 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. NGOs criticized the frequent practice of retired senior public
servants who took high-paying jobs with private firms that rely on
government contracts. During the first half of the year, the NPA
reported arrests in eight cases of bribery and one case of bid rigging.
There were regular media reports of investigations into financial and
accounting irregularities involving high-profile politicians and
government officials, and the trial of a former senior party leader
continued at year's end.
Laws requiring financial disclosure for public officials were laxly
enforced.
The public has the legal right to access government information.
There were no reports that the government denied such 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
generally operated without governmental restriction, investigating and
publishing their findings on human rights cases. Government officials
usually were cooperative and responsive to their views.
Government Human Rights Bodies.--The national Human Rights
Commission reports to the Justice Ministry. Human rights groups did not
believe it was independent or effective and reported that it lacked
public trust.
There was no ombudsman office per se at the national level,
although the Administrative Counseling System, a department of the
Ministry of Internal Affairs and Communications, provided many of the
same functions as a national ombudsman office and its director general
represented Japan on international ombudsman bodies. Nevertheless, it
lacked independence from the government and had weak investigative
powers.
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
enforced these provisions, discrimination against women, ethnic
minority group members, and foreigners remained problems.
Women.--Rape and Domestic Violence.--The law criminalizes all forms
of rape involving force against women, including spousal rape, and the
government generally enforced the law effectively. Evidence of force
and physical resistance by the victim are necessary, however, for a
sexual encounter to be considered rape. For example, Yamagata
Prefecture prosecutors dropped gang-rape charges against three men in
October 2010, citing a lack of objective evidence of force strong
enough to overcome resistance, such as ripped clothing or bruises on
the victim. According to NPA statistics, 1,289 rapes against women and
girls were reported in 2010, and 542 were reported during the first
half of the year. According to records maintained by the Supreme Court,
222 persons were convicted on rape charges during the year, with
punishments ranging from suspended sentences to 20 years in prison.
Many police stations had female officers to provide confidential
assistance to female victims.
Although prohibited by law, domestic violence against women
remained a problem. According to NPA statistics, in 2010 there were
33,852 reported cases of domestic violence, with women constituting
more than 98 percent of the victims. Statistics maintained by the
Supreme Court showed that 15 persons were convicted of violating
spousal violence protection orders, with punishments ranging from
suspended prison sentences to two years in prison.
Faced with continued calls for apology and compensation for
``comfort women'' (foreign and citizen victims of forced prostitution
during World War II), government officials continued to express remorse
and pointed to previously provided compensation payments.
Sexual Harassment.--The law includes measures to identify companies
that fail to prevent sexual harassment, and prefectural labor offices
and the Ministry of Health, Labor, and Welfare provide these companies
with advice, guidance, and recommendations. The ministry reported 51
such cases identified and addressed from April 2010 to March of the
current year. Companies that fail to comply with government guidance
may be publicly identified, but officials reported that this has never
been necessary. Sexual harassment in the workplace remained widespread,
however, and from April 2010 to March 2011, the ministry reported
receiving 11,749 consultations, 62.6 percent of which were from female
workers. The ministry received consultations from employees in more
than 10 percent of all the companies in Japan, with complaints per
sector registered as high as 30 percent of the companies in the
financial sector. On May 29, the Japanese Trade Union Confederation
released survey results indicating that approximately 17 percent of
female employees have suffered sexual harassment in the workplace,
although most did not file a complaint or seek consultation. Government
hotlines in prefectural labor bureau equal employment departments
handle consultations concerning sexual harassment and mediate disputes
when possible.
Reproductive Rights.--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,
prenatal care, and essential obstetric and postpartum care. Men and
women received equal access to diagnosis and treatment for sexually
transmitted infections.
Discrimination.--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 2011 concluded that the participation of women in
society remained inadequate and called for a quota system to boost the
number of women in senior positions in business, government, and
elected office.
Inequality in employment remained a societywide problem. Women
constituted 42 percent of the labor force in 2010, and their average
monthly wage was 227,600 yen (approximately $2,950), approximately two-
thirds of the monthly wage earned by men (328,300 yen, or approximately
$4,260). Women held just 11 percent of managerial positions, and 70
percent of employed women resigned after the birth of their first
child.
NGOs alleged that the country's efforts to implement
antidiscrimination measures was insufficient, pointing to
discriminatory provisions in the law, unequal treatment of women in the
labor market, and low representation of women in high-level elected
bodies. NGOs urged the country to abolish a six-month waiting period
stipulated in the law for women but not men before remarriage,
eliminate different age minimums for marriage depending on sex, adopt a
system allowing for the choice of surnames for married couples, and
repeal legal provisions that discriminate against children born out of
wedlock.
Children.--Birth Registration.--The nationality law grants
citizenship at birth to the child of the following: a Japanese father
who is either married to the child's mother or recognizes his
paternity, a Japanese mother, or a child born in the country to parents
who are both unknown or do not have nationality.
Child Abuse.--Reports of child abuse continued to increase. From
April 2010 through March 2011, local Child Guidance Centers acted on
55,152 reports of child abuse by parents or guardians, an increase of
more than 12,000 from the previous year, despite the latest statistics
not including two prefectures that failed to report data because they
were affected by the tsunami. The Ministry of Health, Labor, and
Welfare commented that the jump in mistreatment reports reflected
broadening public awareness of child abuse. According to the NPA,
during the year 384 child abuse cases resulted in the arrest of 409
people while 39 children were killed as a result of abuse by parents or
guardians.
To ameliorate the situation, municipal governments require that
suspected abusive parents or guardians be interviewed by child welfare
officials and provided with assistance as required. When necessary,
suspect homes must also be inspected with 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 or municipal welfare center. On May 27,
authorities revised the law to allow for suspending parental rights for
two years; previously, parental rights could be suspended only
indefinitely or not at all. Children's rights activists welcomed the
more flexible rules.
Sexual Exploitation of Children.--Child prostitution is illegal,
with a penalty of imprisonment with labor for up to five years or a
fine of up to three million yen (approximately $39,000) for adult
offenders and penalties of up to seven years imprisonment and fines of
up to 10 million yen ($130,000) for intermediaries. Nonetheless, the
continued practice of enjo kosai (compensated dating) and the existence
of Web sites for online dating, social networking, and ``delivery
health'' (call-girl or escort services) facilitated child prostitution.
There are statutory rape laws. The minimum age for consensual sex
varies by jurisdiction and ranges from 13 to 18 years. The penalty for
statutory rape is no less than two years' imprisonment with mandatory
labor.
The country continued to be an international hub for the production
and trafficking of child pornography. The commercialization of child
pornography is illegal, and the penalty is imprisonment with labor for
not more than three years or a fine not exceeding three million yen
(approximately $39,000); police continued to crack down on this crime
during the year. Although the distribution of child pornography, which
often depicted the brutal sexual abuse of small children, is also
illegal, the law does not criminalize its simple possession--a
situation that continued to hamper police efforts to enforce the law
effectively and participate fully in international law enforcement.
Police reported 1,455 child pornography investigations involving 638
child victims during the year, a more than 55-percent increase of both
statistics compared with those in 2009.
No national law addresses the unfettered availability of sexually
explicit cartoons, comics, and video games, some of which depict scenes
of violent sexual abuse and the rape of children. While the NPA
maintained that no link has been established between these animated
images and child victimization, other experts suggested children are
harmed by a culture that appears to accept child sexual abuse. During
the year the Tokyo Municipal Government implemented an ordinance to
restrict the sale of such material to minors.
International Child Abductions.--The country is not a party to the
1980 Hague Convention on the Civil Aspects of International Child
Abduction.
Anti-Semitism.--The Jewish population is approximately 2,000
persons. There were no reports of anti-Semitic acts.
Trafficking in Persons.--See the Department of State's Trafficking
in Persons Report at http://state.gov/j/tip.
Persons With Disabilities.--The law prohibits discrimination
against persons with physical, sensory, intellectual, and mental
disabilities in employment, education, access to health care, and the
provision of other state services, and the government in the main
enforced these provisions. However, in practice such persons faced
limited access to these services, and the Federation of Bar
Associations complained that discrimination was undefined and thus not
enforceable through judicial remedies. The 2009 government-established
advisory committee to help develop laws to enable Japan to ratify the
U.N. Convention on the Rights of Persons with Disabilities did not
attain its objective by year's end.
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 $650) per vacant
position per month. Public employment of persons with disabilities
exceeded minimum proportions, but according to Ministry of Health,
Labor, and Welfare statistics, the private sector lagged despite
increases over previous years.
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. In the July 4 report of her July 2010 visit, the
U.N. special rapporteur on the human right to safe drinking water and
sanitation raised concern about housing discrimination that negatively
affected the accessibility of persons with disabilities to water and
sanitation.
According to NGOs an estimated 20,000 homeless persons could not
receive disability pensions and livelihood protection allowances,
because they were considered to be without residence. As a result, due
to inadequate protection by the social safety net and the social stigma
against homelessness, a significant number of homeless individuals
committed petty crimes to obtain the food and shelter provided by
living in prison.
Mental health professionals criticized as insufficient government
efforts to reduce the stigma of mental illness and inform the public
that depression and other mental illnesses are treatable and
biologically based. Police and prison authorities were particularly
slow in providing treatment of mental illness and have no protocol for
offering psychiatric therapy.
National/Racial/Ethnic Minorities.--Ethnic minorities experienced
varying degrees of societal discrimination.
Although not subject to governmental discrimination, Buraku (the
descendants of feudal era ``outcasts'') frequently were victims of
entrenched societal discrimination. Buraku advocacy groups reported
that despite the socioeconomic improvements achieved by many Buraku,
widespread discrimination persisted in employment, marriage, housing,
and property assessments. While the Buraku label is no longer
officially used to identify people, the family registry system can be
used to identify them and facilitate discriminatory practices. Buraku
advocates expressed concern that employers, including many government
agencies, which 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
populations of Korean, Chinese, Brazilian, and Filipino permanent
residents--many of whom were born, raised, and educated in Japan--were
subjected to various forms of entrenched societal discrimination,
including restricted access to housing, education, health care, and
employment opportunities. Other foreign nationals resident in Japan 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 public, including hotels and restaurants. Noting that the
discrimination is usually open and direct, respected NGOs complained of
government inaction in prohibiting it. In addition, the March 21 report
on the March 2010 visit by the U.N. special rapporteur on the human
rights of migrants criticized Japan for lacking legislation to protect
migrant rights and prohibit discrimination on the basis of ethnicity or
nationality and for inadequately addressing the persistence of racial
discrimination and xenophobia regarding migrants.
In general, societal acceptance of ethnic Koreans who were
permanent residents or citizens continued to improve steadily. In 2010,
6,668 ethnic Koreans naturalized as Japanese citizens. Although
authorities approved most naturalization applications, advocacy groups
complained of excessive bureaucratic loopholes that complicated the
naturalization process and a lack of transparent criteria for approval.
Ethnic Koreans who chose not to naturalize faced difficulties in terms
of civil and political rights, and according to Japan's periodic
submissions to the U.N. Committee on the Elimination of Racial
Discrimination, regularly encountered discrimination in access to
housing, education, government pensions, and other benefits.
A Japanese Social Insurance Agency enforcement directive explicitly
makes it easier for employers to avoid paying pension and insurance
contributions on behalf of their foreign employees who teach languages
as compared with Japanese employees in similar positions. A labor union
representing the teachers stated during the year that the directive
provides impunity to employers who illegally fail to enroll foreign
teachers in the system.
Many foreign university professors, especially women, were hired on
short-term contracts without the possibility of tenure.
There was a widespread perception among citizens that
``foreigners,'' including members of Japan-born ethnic minorities, were
responsible for most crimes committed in the country. The media
fostered this perception by heavily reporting crimes committed by non-
Japanese citizens, although Justice Ministry statistics showed that the
crime rate for foreigners, excepting immigration violations, was lower
than that for citizens.
Many immigrants struggled to overcome obstacles to naturalization,
including the broad discretion available to adjudicating officers and
the great emphasis on Japanese-language ability. Aliens with five years
of continuous residence are eligible for naturalization and citizenship
rights. Naturalization procedures also require an extensive background
check, which includes inquiries into the applicant's economic status
and assimilation into society. The government defended its
naturalization procedures as necessary to ensure the smooth
assimilation of foreigners into society.
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.
Marches by nativist groups declined in frequency and intensity
during the year compared with 2010, and there were fewer significant
incidents.
Indigenous People.--Although the Ainu enjoyed the same rights as
all other citizens, when clearly identifiable as Ainu they faced
discrimination. The law emphasizes preservation of Ainu culture, but it
lacks some provisions that a few Ainu groups have demanded, such as
recognition for land claims, reserved seats in the Diet and local
assemblies, and a government apology.
Although the government does not recognize ``the Ryukyu'' (a term
that includes residents of Okinawa and portions of Kagoshima
Prefecture) as indigenous people, it officially 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.--Laws governing rape, sexual
commerce, and other actions involving sexual intercourse do not apply
to same-sex sexual activity, since sex is defined in Japanese law
exclusively as male-to-female vaginal intercourse. This definition
leads to lower penalties for perpetrators of male rape and greater
legal ambiguity surrounding same-sex prostitution.
NGOs that advocate for gay, lesbian, bisexual, and transgender
persons reported some instances during the year of bullying,
harassment, and violence.
There is no national law that protects individuals against
discrimination on the basis of sexual orientation and gender identity,
although some local governments have enacted laws prohibiting
employment discrimination based on sexual orientation.
Other Societal Violence or Discrimination.--There were no reports
of societal violence or discrimination against persons with HIV/AIDS.
Section 7. Worker Rights
a. Freedom of Association and the Right to Collective Bargaining.--
The law allows private sector workers to form and join unions of their
choice without previous authorization or excessive requirements,
provides the right to strike, and protects collective bargaining
rights.
The law places some limitations on public sector workers and
employees of state-owned enterprises. Workers in sectors providing
essential services, including electric power generation and
transmission, transportation and railways, telecommunications, medical
care and public health, and the postal service must give 10 days'
advance notice to authorities prior to organizing a strike. Public
sector employees do not have the right to strike but are permitted to
participate in public employee organizations, which may negotiate
collectively with their employers on wages, hours, and other conditions
of employment. Employees involved in providing essential services are
not afforded the right to collective bargaining. The law prohibits
antiunion discrimination and provides for the reinstatement of workers
fired for union activities.
The government effectively enforced the law on forming and joining
unions. Unions were free of government control and influence, although
public service employees' basic union rights are governed by a separate
law and restricted in ways that effectively require prior authorization
to form unions. The government protected the right of unions to conduct
activities. However, the continued increased use of short-term
contracts, at times in violation of the law, undermined regular
employment and frustrated organizing efforts.
Collective bargaining was freely practiced, although some
businesses changed their form of incorporation to a holding-company
structure, not legally considered employers, to circumvent employee
protections under the law. Similarly, Japanese employers increasingly
hired part-time, short-term contract, or nonregular workers rather than
permanent employees. Such workers made up more than one-third of the
labor force. They worked for lower wages and often with less job
security and benefits or in more precarious working conditions than
career workers did. Many of these workers, who lost their jobs during
the year, sought damages from their employers, alleging that the
repeated renewals of their short-term contracts obligated their
employers to convert them to career employees. To qualify for parity in
wages and training with full-time workers, part-time workers must have
parity with full-time workers in terms of tasks, overtime, and
transfers, and in practice only 4 to 5 percent of part-time workers
qualified.
b. Prohibition of Forced or Compulsory Labor.--The law prohibits
all forms of forced or compulsory labor, but there were reports that
such practices occurred. Workers who entered the country illegally or
who overstayed their visas risked nonpayment or underpayment of wages.
Some companies illegally restricted the movement, communications, and
travel documents of foreign laborers in the Industrial Trainee and
Technical Internship Program and forced them to deposit paychecks into
company-controlled accounts. The U.N. special rapporteur on the human
rights of migrants stated in his March 21 report that the program's
structure fails to protect its participants from exploitation. Some
Chinese trainees were illegally required to pay fees and deposits
valued at the equivalent of more than $5,000 before leaving for Japan.
According to worker advocates, if victims reported mistreatment or
exited the program early, brokers seized these assets.
The law and Justice Ministry guidelines prohibit these practices,
and Labor Standards Offices monitored workplace compliance with the
law. The normal governmental response was to issue warnings and
advisories and ban companies from future participation in the trainee
program.
Also see the Department of State's Trafficking in Persons Report at
http://state.gov/j/tip.
c. Prohibition of Child Labor and Minimum Age for Employment.--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. These laws were effectively
enforced in practice.
Child labor was concentrated in the areas of trafficking in persons
and child pornography (see section 6, Children).
Also see the Department of Labor's Findings on the Worst Forms of
Child Labor at http://dol.gov/ilab/programs/ocft/tda.htm.
d. Acceptable Conditions of Work.--Minimum wages ranged from 645
yen (approximately $8.40) to 837 yen ($10.85) per hour, depending on
the industry and prefecture. The law imposes a fine of up to 500,000
yen ($6,500) for employers who fail to pay a minimum wage. In 2009, 16
percent of the population earned an annual income below the poverty
line of 1.12 million yen (approximately $14,500).
The law provides for a 40-hour workweek for most industries,
mandates premium pay for hours worked above 40 in a week or eight in a
day, sets limits on the number of overtime hours permitted in a fixed
period, and prohibits excessive compulsory overtime. The law mandates
paid leave on national holidays as well as at least 10 days of paid
leave accrued per year following six months of full-time employment.
The government sets occupational safety and health (OSH) standards.
The Ministry of Health, Labor, and Welfare is responsible for the
enforcement of laws and regulations governing wages, hours, and OSH in
most industries. The National Personnel Authority covers government
officials. The Ministry of Economy, Trade, and Industry covers OSH for
the mining industry, and the Ministry of Land, Infrastructure,
Transport, and Tourism is responsible for OSH in the maritime industry.
A total of 3,970 Labor Standards Inspectors enforced these laws and
regulations. Labor unions frequently criticized the government for
failing to enforce the law regarding maximum working hours, and it was
widely accepted that workers, including those in government jobs,
routinely exceeded the hours outlined in the law. From April 2010 to
March 2011, surviving family members filed 802 applications with the
Ministry of Health, Labor, and Welfare seeking recognition of a
deceased individual as a karoshi (death-from-overwork) victim. The
ministry officially recognized 285 karoshi victims during the year, but
worker rights NGOs claimed that the number of victims was in reality
much higher and overwork and other work conditions contributed to many
of the 30,513 suicides during the year.
The government effectively administered applicable OSH law and
regulations in all sectors. Inspectors have the authority to suspend
unsafe operations immediately. According to one-time data compiled for
the Diet, they responded in 2009 to 48,448 complaints, inspected
146,860 workplaces, ordered 4,553 places of business to suspend
operations and correct OSH problems, and referred 1,110 cases to
prosecutors.
The number of workplace fatalities nearly doubled during year,
largely resulting from the March 11 earthquake and tsunami which caused
1,057 on-the-job deaths. From January 1 through November 30, there were
845 workplace fatalities unrelated to the March 11 disasters, primarily
in the construction and manufacturing sectors. Falls, automotive
accidents, and injuries caused by heavy machinery were the most common
causes of workplace fatalities during the year.
Inspectors noted that foreign nationals participating in the
Industrial Trainee and Technical Internship Program were frequently
forced to work unpaid overtime and receive less than the minimum wage,
among other labor violations. In August a press report stated that the
Fukui Prefecture Labor Standards Office found all 54 companies
participating in the program within the prefecture to be in violation
of the law. NGOs and labor unions working with foreign workers reported
noticeable improvement during the year in how companies treated foreign
workers, in response to new rules governing the program and increased
scrutiny of the labor standards of participating companies, but also
stated that problems remained.
__________
KIRIBATI
executive summary
Kiribati is a constitutional multiparty republic. 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 elections held in October were considered generally free
and fair. Anote Tong of the Boutokaan Te Koaua party remained president
at year's end pending a presidential election scheduled for January
2012. 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.
There were no reports that government officials committed human
rights abuses.
Section 1. Respect for the Integrity of the Person, Including Freedom
from:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports 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 inmates had access to
potable water. The government permitted monitoring visits by
independent human rights observers, but there were no such visits
during the year.
As of August the prison system held 124 inmates. There were 112
convicted prisoners, of whom 105 were men and seven were women, and 12
pretrial detainees, all men. 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 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. There were no specific steps taken during the year to
improve record keeping or use alternatives to incarceration for
nonviolent offenders.
d. Arbitrary Arrest or Detention.--The law prohibits arbitrary
arrest and detention, and the government generally observed these
prohibitions.
Role of the Police and Security Apparatus.--The police force, under
the Office of the President, maintains internal security. The country
has no military force. Civilian authorities maintained effective
control over the police, 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.--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. Procedural safeguards include the
presumption of innocence until proven guilty. An accused person must be
informed of the charges and provided adequate time and facilities to
prepare a defense. The law also provides for the right to confront
witnesses, present evidence, access government-held evidence, and
appeal convictions. Defendants facing serious criminal charges are
entitled to free legal representation.
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 continued to decline 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, and individuals and
organizations may seek civil remedies for human rights violations.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The constitution prohibits such actions, and the
government generally respected these prohibitions in practice.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--Status of Freedom of Speech and
Press.--The constitution provides for freedom of speech and press, and
the government generally respected these rights in practice.
Freedom of Press.--Although there were no government restrictions,
there were some concerns about the lack of local independent media.
Most locally based news media were owned and operated either by the
government's Broadcasting and Publications Authority or a media company
owned by a member of parliament.
Internet Freedom.--There were no government restrictions on access
to the Internet or credible reports that the government monitored e-
mail or Internet chat rooms. Individuals and groups could engage in the
expression of views via the Internet, including by e-mail.
Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.
b. Freedom of Peaceful Assembly and Association.--The constitution
provides for freedom of assembly and association, and the government
generally respected these rights in practice.
c. Freedom of Religion.--See the Department of State's
International Religious Freedom Report at http://state.gov/j/drl/irf/
rpt/.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution provides for freedom
of movement within the country, foreign travel, emigration, and
repatriation, and the government generally respected these rights in
practice. Although the law prohibits government restrictions on
citizens' freedom of movement, it does not restrict such actions by
traditional village councils.
Exile.--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.'' However, the
government did not use forced exile.
Protection of Refugees.--Access to Asylum.--The country's laws do
not provide for the granting of asylum or refugee status, and the
government has not established a system for providing protection to
refugees. During the year there were no applications for asylum or
refugee status.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution provides citizens the right to change their
government peacefully, and citizens exercised this right in practice
through periodic, free, and fair elections held on the basis of
universal suffrage.
Elections and Political Participation.--Recent Elections.--The
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.
Parliamentary elections held in October were considered generally free
and fair.
Participation of Women and Minorities.--There were four women in
the legislature, two of whom were also cabinet ministers. Several
permanent secretaries and deputy 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.
Together with Nauru and Tuvalu, the country 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.--Rape and Domestic Violence.--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 typically were much shorter.
The law does not address domestic violence specifically, but
general common law and criminal law make assault in all forms illegal.
The law provides for penalties of up to six months' imprisonment for
common assault and up to five years' imprisonment for assault involving
bodily harm. While cultural taboos on reporting such crimes and police
attitudes encouraging reconciliation over prosecution still exist,
prosecutions for rape and domestic assault made up the majority of
cases processed by the public prosecutor's office during the year.
Following the 2009 publication of a study on the prevalence of
domestic violence in the country, the government took additional steps
to address violence against women. In 2009 Parliament passed a motion
to support legal reform to eliminate domestic violence, and in 2011 the
cabinet endorsed a policy and national action plan (2010-20) for the
elimination of gender-based violence. The police force has a Domestic
Violence and Sexual Offenses Unit, and unit officers participated in a
capacity-building program, funded by a foreign government, that
provided training in handling such cases. The police also ran a 24-hour
hotline for victims of sexual violence and domestic abuse. The Catholic
Church operated a shelter for women and children in Tarawa.
Sexual Harassment.--The law does not prohibit sexual harassment.
Information presented in workshops conducted in 2010 in connection with
efforts to develop a national policy on gender equality indicated that
sexual harassment was more widespread than previously regarded.
Sex Tourism.--The law does not specifically prohibit sex tourism.
Obscene or indecent behavior is banned. There were reports of foreign
fishermen engaging in commercial sexual acts with minors (see section
6, Children).
Reproductive Rights.--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 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.
Discrimination.--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 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.
Children.--Birth Registration.--Citizenship is derived by birth in
the country, unless the child acquires the citizenship of another
country at birth through a noncitizen parent. Citizenship also is
derived through one's father. The law requires registration of births
within 10 days, but this time frame was not always observed in
practice. During the year the government worked with support from
UNICEF to improve timely registration of births.
Child Abuse.--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.
Sexual Exploitation of Children.--Crewmembers of foreign fishing
vessels that stopped in the country engaged in commercial sexual
exploitation of women, some of whom were underage. Some girls worked as
prostitutes in bars frequented by crewmembers. Local I-Kiribati,
sometimes including family members, reportedly acted as facilitators,
delivering girls to the boats. The girls generally received cash, food,
or goods in exchange for sexual services.
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 age 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. While this
provision applies only to female children, male-on-male sexual
exploitation of children could be prosecuted under provisions against
``unnatural'' offenses (which cover both male and female persons) and
acts of ``gross indecency between males,'' with maximum penalties of 14
and five years' imprisonment, respectively.
The penal code has no specific provision concerning child
pornography.
See also the Department of State's Trafficking in Persons Report at
http://state.gov/j/tip/.
International Child Abductions.--The country is not a party to the
1980 Hague Convention on the Civil Aspects of International Child
Abduction.
Anti-Semitism.--The country's Jewish community was limited to a few
foreign nationals, and there were no reports of anti-Semitic acts.
Trafficking in Persons.--See the Department of State's Trafficking
in Persons Report at http://state.gov/j/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. 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 14 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. Freedom of Association and the Right to Collective Bargaining.--
The law protects the right of workers to form and join independent
unions, conduct legal strikes, and bargain collectively. The law
prohibits employment discrimination on a number of grounds, including
political opinion, but does not specifically include union membership
or activity as a prohibited ground of discrimination or provide for
reinstatement of workers fired for union activity. The government did
not control or restrict union activities; however, unions must register
with the government.
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 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 and no instances reported in which the right
to strike was denied. There were no reports of antiunion
discrimination, and there were mechanisms to resolve any complaints
that might arise.
b. Prohibition of Forced or Compulsory Labor.--The constitution
prohibits forced or compulsory labor, and there were no reports that
such practices occurred.
c. Prohibition of Child Labor and Minimum Age for Employment.--The
law prohibits the employment of children under age 14. Children through
age 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. Some girls worked as
prostitutes in bars frequented by crews of foreign fishing vessels (see
section 6, Children).
Also see the Department of Labor's Findings on the Worst Form of
Child Labor at http://dol.gov/ilab/programs/ocft/tda.htm.
d. Acceptable Conditions of Work.--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 $1.63 and $1.73) 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, but most of the working population worked within a subsistence
economy.
There is no legislatively prescribed workweek. Workers in the
public sector worked 36.25 hours per week, with overtime pay for
additional hours. There is no law or regulation governing the amount of
overtime an employee may work, but there were no known reports of
excessive compulsory overtime.
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. The ministry's labor officers are responsible
for performing labor inspections, but 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.
__________
DEMOCRATIC PEOPLE'S REPUBLIC OF KOREA
executive summary
The Democratic People's Republic of Korea (DPRK or North Korea) \1\
is an authoritarian state led by the Kim family for more than 60 years.
On December 30, Kim Jong Un was named supreme commander of the Korean
People's Army following the December 17 death of his father Kim Jong
Il. Kim Jong Un's grandfather, the late Kim Il Sung, remains ``eternal
president.'' The most recent national elections, held in March 2009,
were neither free nor fair. Security forces report to the supreme
leader of North Korea, Kim Jong Un, and to the civilians and military
officers that form the National Defense Commission, the supreme ruling
body of the state.
---------------------------------------------------------------------------
\1\ 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. Some reports that
rely on defector testimony can be dated because of the time lapse
between 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, including denial of the freedoms of speech, press,
assembly, association, religion, and movement and worker rights. There
continued to be reports of a vast network of political prison camps in
which conditions were often harsh and life threatening.
Defectors continued to report extrajudicial killings,
disappearances, arbitrary detention, arrests of political prisoners,
and torture. The judiciary was not independent and did not provide fair
trials. There continued to be reports of severe punishment of some
repatriated refugees and their family members. There were reports of
trafficked women among refugees and workers crossing the border into
China.
The government made no known attempts to prosecute officials who
committed human rights abuses.
Section 1. Respect for the Integrity of the Person, Including Freedom
from:
a. Arbitrary or Unlawful Deprivation of Life.--There 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 government,
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; and ``treacherous destruction.'' In
addition a 2007 penal code addendum extends executions to include less
serious crimes such as theft, destruction of military facilities and
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. In November the press
reported that border guards shot and killed an unidentified man as he
attempted to cross the border near Hyesan.
During the year nongovernmental organizations (NGOs) reported that
public executions continued, but no official statistics were available.
The Republic of Korea (ROK or South Korea) think tank the Korean
Institute for National Unification (KINU) 2011 White Paper on Human
Rights in North Korea cited 53 public executions since 2009.
b. Disappearance.--NGO, think tank, and press reports indicated
that the government was responsible for disappearances.
There was no progress in the investigation into the cases of
suspected abductions of Japanese nationals by DPRK government entities.
The DPRK had agreed to reopen the investigation after discussions with
the Japanese government in 2008.
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 Ministry of Unification reported that
approximately 517 of its civilians, abducted or detained by DPRK
authorities since the end of the Korean War, remained in the DPRK. ROK
NGOs estimated 20,000 civilians were abducted by the DPRK during the
Korean War.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The penal code prohibits torture or inhuman treatment, but
many sources continued to report these practices. Numerous defector
accounts and NGO reports released during the year described the use of
torture by authorities in kwan-li-so political prisons. 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 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. The 2010 study, Witness to
Transformation: Refugee Insights into North Korea (Witness to
Transformation), published by the Peterson Institute for International
Economics and based on a survey conducted in 2008, found that
approximately half of the respondents who were detained in lower-level
institutions (jip-kyul-so collection centers and ro-dong-dan-ryeon-dae
labor training centers) reported seeing executions, an estimated three-
quarters reported forced starvation, and nearly a third reported
witnessing deaths from beatings and torture.
The KINU 2011White Paper on North Korean Human Rights indicated
that officials had in some cases prohibited live births in prison and
ordered forced abortions. In some cases of live birth, the white paper
reported that prison guards killed the infant or left it to die. The
white paper reported that guards also sexually abused female prisoners.
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, and
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. Based on satellite imagery and defector
testimony, one kwan-li-so camp, Camp 22, was estimated to be 31 miles
long and 25 miles wide and hold 50,000 inmates. Defectors claimed the
kwan-li-so camps contained unmarked graves, barracks, worksites, and
other prison facilities. Kwan-li-so penal-labor camps are administered
by the Ministry of State Security (MSS); kyo-hwa-so reeducation centers
are administered by the Ministry of People's Security (MPS). During the
year an NGO reported that five kwan-li-so facilities remained under the
command of the MSS, including Kaecheon (Camp14) in South Pyongan
Province, Yoduk (Camp 15) in South Hamkyung Province, Hwasung (Camp
16), Chongjin (Camp 25), and Hoiryeong (Camp 22) in North Hamkyung
Province. The same NGO reported the police began to dismantle the sixth
facility, Bukchang (Camp 18) in South Pyongan Province, in 2006 and it
was unclear if the camp remained in operation in 2011.
Reports indicated that those sentenced to prison for nonpolitical
crimes were typically sent to reeducation prisons where prisoners were
subjected to intense forced labor. Those who were considered hostile to
the government or who committed political crimes reportedly were sent
to political prison camps indefinitely. In many cases family members
were also detained if one member was accused or arrested. The
government continued to deny the existence of political prison camps.
Reports indicated that conditions in the prison camp and detention
system were harsh and life threatening and that systematic and severe
human rights abuses occurred. Many prisoners in political prison camps
and the detention system were not expected to survive. Detainees and
prisoners consistently reported violence and torture. Press reports and
Witness to Transformation included 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. Based on interviews with 15 former detainees at the Yoduk
political prison, an Amnesty International report estimated that 40-
percent of inmates died of malnutrition.
The South Korean and international press reported that kyo-hwa-so,
or labor rehabilitation camps, hold populations of up to 10,000
political prisoners, economic criminals, and ordinary criminals.
Estimates of the total number of prisoners and detainees in the
kwan-li-so camps ranged between 130,000-200,000. In July the ROK think
tank Database Center on North Korean Human Rights reported that 138,000
people were being held in DPRK detention centers, with between 130,500
and 131,000 held in five active political prison camps, possibly 200-
300 in the Bukchang facility, and the rest dispersed in more than 182
other locations. NGO and press reports estimated that there were
between 182 and 490 detention facilities in the country.
Information on the number of women and juvenile prisoners was not
available. Anecdotal reports from the Database Center on North Korean
Human Rights indicated that in some prisons women were held in separate
units from men, but no information was available on whether conditions
varied for women. One NGO reported that political prisoners sent to
punishment facilities were subject to torture without consideration of
their gender.
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.
Under the criminal procedure law, a criminal case is dismissed in
the 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.
No information was available indicating whether prisoners and
detainees had reasonable access to visitors. In past years defectors
reported that Christian inmates were subjected to harsher punishment 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 U.N. special rapporteur on the human rights
situation in the DPRK nor the U.N. special rapporteur on torture have
been allowed to independently access conditions inside the country.
The government did not permit human rights monitors to inspect
prisons and detention facilities. There was no information on whether
there were ombudsmen to act on behalf of prisoners and detainees,
consider such matters as alternatives to incarceration for nonviolent
offenders, alleviate inhumane overcrowding, address the status and
circumstances of confinement of juvenile offenders, improve the
administration of pretrial detention, bail, and recordkeeping
procedures, or ensure that prisoners did 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.
Role of the Police and Security Apparatus.--The internal security
apparatus includes the Ministry of People's Security (MPS) and the
Ministry of State Security (MSS). The security forces do not have
adequate mechanisms to investigate possible security force abuses.
There was no information that the government took action to reform the
security forces.
The MPS, responsible for internal security, social control, and
basic police functions, is one of the most powerful organizations in
the country. It controlled an estimated 144,000 public security
personnel. The MPS maintains law and order, investigates common
criminal cases, manages the prison system, controls traffic, monitors
citizens' political attitudes, conducts background investigations, has
responsibility for the census and civil registration, 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.
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.
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.
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 criminal cases directly without the
approval of prosecutors. The change was reportedly made 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. There was no known bail system and no information on
whether a lawyer was provided to detainees.
During the year ROK NGOs reported the case of Shin Suk-ja, who was
allegedly detained at the Yodok labor camp because her husband, Oh Kil-
nam, defected to the ROK.
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. There was no information on whether
authorities respected court orders. 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 had been 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
article and the ROK National Human Rights Commission report, most
inmates in prison camps were sent there without a trial and without
knowing the charges against them. There were no indications that the
right to the presumption of innocence was respected in practice.
Political Prisoners and Detainees.--While the total number of
political prisoners and detainees remained unknown, a 2011 report by
the North Korea Database estimated that 138,000 people were held in
detention centers, of whom 130,500 were held in five political prisons.
Political prisoners are held separately from other detainees. NGOs and
the press reported that political prisoners were subject to harsher
punishments and fewer protections than other prisoners and detainees.
The government considered critics of the regime to be political
criminals. The government did not permit access to persons by
international humanitarian organizations. Reports from past years
described political offenses as including burning old currency or
criticizing the government's currency revaluation, 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 these rights
were not respected in practice.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The constitution provides for the inviolability of
person and residence and the privacy of correspondence; however, the
government did not respect these provisions in practice. The regime
subjected its citizens to rigid controls. The government relied upon a
massive, multilevel system of informants to identify critics and
potential troublemakers. Entire communities sometimes were subjected to
security checks. An ROK NGO reported that authorities entered homes
without judicial authorization. Possessing ``antistate'' material and
listening to foreign broadcasts were crimes that could subject the
transgressor to harsh punishment, 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.
During the year press reports indicated the number of persons with
access to an internal mobile phone network increased to an estimated
one million. DailyNK reported that approximately 60 percent of the
population of Pyongyang between the ages of 20 and 50 regularly used
mobile phones. Mobile phone use was strictly monitored. 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 for making
international calls. Those caught using such cell phones were
reportedly arrested and required to pay a fine or face charges of
espionage, or harsher punishments. In May CNN reported that the
government initiated an intensive crackdown on illegal mobile phone use
to prevent uprisings such as those in the Middle East.
The Korean Worker's Party (KWP) is the key governing body in the
country; party membership is dictated by social and family background
and is the key determinant of social mobility. 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.
DPRK authorities practice collective punishment. Entire families,
including children, have been imprisoned when one member of the family
was accused of a crime. Collective punishment reportedly can extend to
three generations.
ROK NGOs reported that most of the 38 family members and other
relatives of Park Nam-ki, who was allegedly executed in 2010 for his
role in the 2009 currency revaluation, were sent to labor detention
centers where they reportedly died of illness, severe malnutrition, and
suicide.
NGOs reported the eviction of families from their places of
residence without due process. In April the press reported that 300
families of defectors who had resettled in the ROK were relocated from
Hoeryoung to a controlled area in South Hamkyoung province. In August
ROK NGOs reported that the DPRK Central Party had established a policy
of relocating the entire family of people found to be receiving help
from relatives overseas.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--Status of Freedom of Speech and
Press.--The constitution provides for freedom of speech and press;
however, the government prohibited the exercise of these rights in
practice.
Freedom of Speech.--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
MSS and MPS sought to identify the authors, who could be subjected to
investigation and punishment.
Freedom of Press.--The government sought to control virtually all
information.
Print media, broadcast media, and book publishing were all tightly
controlled by the government. There were no independent media. The
government carefully managed visits by foreigners, especially
journalists. In September the Associated Press (AP) reached an
agreement to expand its television service to an all-format news bureau
in Pyongyang. International AP reporters were not resident in the
country.
Violence and Harassment.--Domestic journalists had little freedom
to investigate stories or report freely. In 2010 an NGO reported the
alleged execution of someone making an illegal international call to
report on rice prices.
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.
Censorship or Content Restrictions.--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. Elite
citizens and facilities for foreigners, such as hotels, reportedly had
access to international television broadcasts via satellite. The
government continued to attempt to jam all foreign radio broadcasts.
Internet Freedom.--Internet access for citizens was limited to
high-ranking officials and other designated elites, including select
university students. 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.
Academic Freedom and Cultural Events.--The government restricted
academic freedom and controlled artistic works. Curriculum was highly
controlled by the state. Academic travel was severly restricted. A
primary function of plays, movies, operas, children's performances, and
books was to buttress the cult of personality surrounding the Kim
family.
According to North Korean media, Kim Jong-il frequently told
officials that ideological education must take precedence over academic
education in the schools. Indoctrination was carried out systematically
through the mass media, schools, and worker and neighborhood
associations. Indoctrination continued to involve mass marches,
rallies, and staged performances, sometimes including hundreds of
thousands of persons.
The government continued its attempt to limit foreign influence on
its citizens. Listening to foreign radio and watching foreign films is
illegal; however, numerous NGOs reported that foreign 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 enforcing restrictions on
foreign films, police were authorized to search people's homes to
search for contraband DVDs. One NGO reported the majority of people
incarcerated in low-level detention facilities were detained for
watching illegal foreign films.
b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The constitution provides for freedom of assembly; however,
the government did not respect this provision in practice and continued
to prohibit public meetings not previously authorized.
Freedom of Association.--The constitution provides for freedom of
association, but 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.--See the Department of State's
International Religious Freedom Report at http://state.gov/j/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 control carefully internal travel. The government did not
cooperate with the Office of the U.N. High Commissioner for Refugees or
other humanitarian organizations in providing protection and assistance
to internally displaced persons, refugees, returning refugees, asylum
seekers, stateless persons, or other persons.
In-country Movement.--The government continued to restrict 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; 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.
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.
Foreign Travel.--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.
Exile.--It was not known whether the law prohibits forced exile;
the government reportedly forced the internal exile of some citizens.
In the past it forcibly resettled 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.
Emigration and Repatriation.--The government did not allow
emigration, and reports indicated that 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. Reports suggested that the number of North Koreans
living in northeastern China declined during the year.
The South Korean press reported that the government issued orders
for guards to shoot-to-kill attempted border crossers. NGOs reported
that Kim Jong Un called for stricter punishments for those suspected of
illegal border crossing. 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 particularlyharsh treatment was reserved for
those who had extensive contact with foreigners, including those with
family members resettled in the ROK.
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.
Repatriated refugees were subject to harsh punishments, including
imprisonment. During the year the government reportedly continued to
enforce the policy that all border crossers be sent to prison or
reeducation centers. An NGO reported that families of resettled
defectors in South Korea were treated harshly and were forcibly
relocated to areas away from the border.
Witness to Transformation reported that approximately one-quarter
of defectors surveyed in 2004 who had successfully escaped North Korea
reported having been arrested in China and repatriated to North Korea
at least once before their successful departure.
In October the press reported that more than 20 defectors were
caught in China and likely repatriated.
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. Following the death of Kim Jong Il on December 17, his son,
Kim Jong Un, was given the title of Supreme Commander of the KPA. There
was no effort to carry out this transition by democratic means.
Elections and Political Participation.--Recent Elections.--
Elections of local representatives to the SPA were held in July. The
elections were neither free nor fair, and the outcome was virtually
identical to prior elections. One NGO reported that travel certificates
were reportedly not issued during the election period. The government
openly monitored voting, resulting in nearly 100 percent participation
and 100 percent approval. An NGO reported that citizens were ordered to
participate in the July elections.
Political Parties.--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.''
Participation of Women and Minorities.--Women made up 20 percent of
the membership of the SPA as of the 2003 elections. Women constituted
approximately 4.5 percent of the membership of the Central Committee of
the KWP but held few key KWP leadership positions.
The country is racially and ethnically homogenous. Officially there
are no minorities, and there was, therefore, no information on minority
representation in the government.
Section 4. Official Corruption and Government Transparency
It was not known whether the law provides criminal penalties for
official corruption, whether the government implemented any such laws
effectively, or how often officials engaged in corrupt practices with
impunity. Corruption was reportedly widespread in all parts of the
economy and society. 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.
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 allowed the U.S. special envoy for North Korean
human rights issues to enter to the country and held brief
conversations about human rights issues with him, it but did not allow
access to assess human rights conditions outside of Pyongyang. The
international 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.
U.N. and Other International Bodies.--The government emphasized
that it had ratified a number of U.N. human rights instruments but
continued to refuse to cooperate with U.N. representatives. The
government prevented the U.N. special rapporteur on the situation of
human rights in the DPRK, Marzuki Darusman, from visiting the country
to carry out his mandate, which it continued to refuse to recognize. It
rejected the offer of the Office of the High Commissioner on Human
Rights to work with the government on human rights treaty
implementation. The government did not grant entry to any thematic
special rapporteurs, such as those on torture or violence against
women.
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.--Rape and Domestic Violence.--The government appeared to
criminalize rape, but no information was available on details of the
law or how effectively it was enforced. Women in prison camps
reportedly were subject to rape by prison guards and to forced
abortions.
Violence against women has been reported as a significant problem
both inside and outside the home. No information was available on
governtment efforts to combat rape, domestic violence, and other
societal violence directed against women.
Sexual Harassment.--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.
Reproductive Rights.--It was difficult to obtain accurate
information regarding reproductive rights. The country's initial report
to the Convention on the Elimination of All Forms of Discrimination
Against Women, submitted in 2002, claimed that ``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
U.N. Population Fund estimated that the maternal mortality ratio in
2008 was 250 per 100,000 live births. In 2000 the country reported in
UNICEF's multiple indicator cluster survey that a doctor, nurse, or
skilled midwife delivered 96.7 percent of babies.
Discrimination.--The constitution states that ``women hold equal
social status and rights with men''; however, although women were
represented proportionally in the labor force, few women reached high
levels of the party or the government.
The 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.--Birth Registration.--Citizenship is derived from one's
parents and in some cases birth within the country's territory.
Education.--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 some 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.
Medical Care: 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.
Child Abuse.--Information about societal or familial abuse of
children remained unavailable. 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.''
Sexual Exploitation of Children.--There were reports of trafficking
in young girls among persons who had crossed into China.
Displaced Children.--According to NGO reports, there was a large
population of street children, many of them orphans, who were denied
entrance to public schools.
International Child Abductions.--The country is not a party to the
1980 Hague Convention on the Civil Aspects of International Child
Abduction.
Anti-Semitism.--There was no known Jewish population, and there
were no reports of anti-Semitic acts.
Trafficking in Persons.--Also see the Department of State's
Trafficking in Persons Report at http://state.gov/j/tip.
Persons With Disabilities.--A 2003 law mandates equal access for
persons with disabilities to public services; however, implementing
legislation had 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. It was not known whether the government restricted the
right of persons with disabilities to vote or participate in civic
affairs.
The Korean Federation for the Protection of the Disabled (KFDP) was
founded in 1999 to coordinate the work with the disabled population
country-wide.
The U.N. 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. UNICEF has noted that very high levels of malnutrition
indicate serious problems for both the physical growth and psychosocial
development of young children. The U.N. Food and Agriculture
Organization (FAO) estimated that 7.8 million people, 33 percent of the
population, were undernourished. The FAO estimated 32 percent of
children suffered from stunted growth.
Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--There are no laws against
homosexuality, but 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. Freedom of Association and the Right to Collective Bargaining.--
The constitution provides for freedom of association, but workers do
not have the right to organize, strike, or bargain collectively. 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 (GFTUK). Operating under this umbrella, unions
functioned according to a classic Stalinist model, with responsibility
for mobilizing workers to support production goals and for providing
health, education, cultural, and welfare facilities. By law unlawful
assembly can result in five years of correctional labor. The government
controls all aspects of employment, including assigning jobs and
determining wages. Joint ventures and foreign-owned companies are
required to hire their employees from government-vetted lists. 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. 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 the ROK and the
DPRK, special regulations covering labor issues negotiated with the ROK
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.
b. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor. However, the government mobilized the
population for construction and other labor projects, including on
Sundays, the one day off a week. The penal code criminalizes forced
child labor; however, there were reports that such practices occurred
(see section 7.c.). ``Reformatory labor'' and ``reeducation through
labor,'' sometimes of entire families, have traditionally been common
punishments for political offenses. Forced and compulsory labor in such
activities as logging, mining, tending crops, and manufacturing
continued to be the common fate of political prisoners. According to
HRW, one defector reported that he 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.''
Forced labor continued to take place in brick making, cement
manufacturing, coal mining, gold mining, iron production, and textile
industries. Foreign media and NGOs reported that authorities ordered
university students to abandon their studies to work on construction
projects related to centennial celebrations of the birth of Kim Il-sung
planned for April 2012. They included completing 100,000 housing units
and a hotel in Pyongyang.
Also see the Department of State's annual Trafficking in Persons
Report at http://state.gov/j/tip.
c. Prohibition of Child Labor and Minimum Age for Employment.--
According to the law, the state prohibits work by children under the
age of 16.
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.
Thousands of children were reportedly held and forced to work in labor
camps alongside their parents.
Also see the Department of Labor's Findings on the Worst Forms of
Child Labor at http://dol.gov/ilab/programs/ocft/tda.htm.
d. Acceptable Conditions of Work.--No reliable data was available
on the minimum wage in state-owned industries. After the 2002 economic
reforms, compensation underwent significant change, as citizens sought
to earn hard currency to support themselves and their families.
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.
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.'' Workers themselves do not have an enumerated right to
remove themselves from hazardous working conditions.
Leave or rest from work were sometimes compromised as mandatory
participation in mass events on holidays, which might also require
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. Citizens were required to participate in
mourning activities following the death of Kim Jong-Il.
In practice many worksites were hazardous, and the industrial
accident rate was high.
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 had little 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.
According to the ROK Ministry of Unification (MOU), 144 South
Korean firms were operational at the KIC and approximately 50,000 North
Korean workers were employed at KIC as of December. The MOU 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, their 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 approximately 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. The
KIC remained a highly sought-after place of employment.
__________
REPUBLIC OF KOREA
executive summary
The Republic of Korea (South Korea or ROK) is a constitutional
democracy governed by President Lee Myung-bak and a unicameral
legislature. 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 primary human rights problems reported were the government's
interpretation of national security and other laws to limit freedom of
expression and restrict access to the Internet as well as incidents of
hazing in the military.
Other human rights problems included some official corruption;
sexual and domestic violence; children engaged in prostitution;
trafficking in persons; societal discrimination against foreigners,
defectors from the Democratic People's Republic of Korea (DPRK or North
Korea), and persons with HIV/AIDS; and limitations on worker rights.
The government took steps to prosecute officials who committed
abuses, and impunity was not evident.
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 40 suicides among military personnel, 10
of which were attributed to hazing, mistreatment, or an inability to
adjust to military life. The Ministry of National Defense (MND)
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 MND reported 14 hazing incidents resulting in
physical injuries.
Prison and Detention Center Conditions.--Prison and detention
center conditions generally met international standards, including
access to potable water, and the government permitted monitoring visits
by independent human rights observers.
The Ministry of Justice reported that the total number of prisoners
as of December was 45,038, of whom 2,429 were women, 456 were
juveniles, and 14,405 were pretrial detainees. According to the
nongovernmental organization (NGO) International Center for Prison
Studies, the correctional facilities were designed to hold 44,430
prisoners. Authorities confined male and female prisoners in similar
quarters, but each was specifically designed to meet particular
population needs. For example, women's prisons contained special
examination areas for women's health concerns and annual checkups.
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 monitored prison and
detention center conditions.
Although there were no prison ombudsmen, prisoners could petition
the Ministry of Justice's Human Rights Violations Center or the
National Human Rights Commission to make prison abuse claims. As of
December, 212 petitions were submitted to the justice minister, all of
which the Ministry of Justice investigated. One case was granted
relief; the others were dismissed, refused, or transferred to other
agencies. Of the 74 cases filed with the Human Rights Violations
Center, one resulted in findings of relief for the petitioner, 17 cases
were dismissed, 51 cases were refused, and five were transferred. The
International Committee of the Red Cross, which maintains an office in
Seoul, did not request prison visits during the year.
Authorities managed prison records according to law, maintained
them for various periods at relevant institutions, and systematically
transferred them to the national records center after 30 years.
There are no legal steps requiring alternative sentences for
nonviolent offenders, but penalty fees, social services, and suspended
sentences were determined on a case-by-case basis and used regularly.
d. Arbitrary Arrest or Detention.--The law prohibits arbitrary
arrest and detention, and the government generally observed these
prohibitions. The National Security Law grants authorities the power to
detain, arrest, and imprison persons believed to have committed acts
intended to endanger the ``security of the state.'' 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.
In February the Supreme Court upheld a lower court ruling that
prosecutors did not release false information about four NGO members
who had been convicted in 2010 of illegal contact with agents of the
DPRK and distribution of North Korean press material for the purpose of
exalting DPRK leader Kim Jong-il in 2008. Two defendants had been
sentenced to prison, and two defendants were placed on probation with
sentences suspended.
Role of the Police and Security Apparatus.--The Korean National
Police Agency is responsible for internal security, under the
supervision of the Ministry of Public Administration and Security.
Civilian authorities maintained effective control over police, and the
government had effective mechanisms to investigate and punish abuse and
corruption. There were no reports of impunity involving security forces
during the year.
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 a police station. Authorities
must release an arrested suspect within 20 days, unless an indictment
is issued. Ten additional days of detention are 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
discloses 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 being investigated. There were no reports of
denial of access to legal counsel.
Arbitrary Arrest.--As of the end of July, authorities arrested 10
persons for violating the National Security Law, indicted six, and
placed four others under investigation. Of those indicted, courts
convicted two, and trial proceedings continued for four.
In January police arrested a man for posting Internet messages that
praised the North Korean government and its officials. He received a
two-year suspended sentence.
e. Denial of Fair Public Trial.--The law provides for an
independent judiciary, and the government 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 its 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
defense. Defendants have the right to be present and consult with an
attorney. They may confront or question witnesses against them, and
they may present witnesses and evidence on their behalf. Defendants
have access to relevant government-held evidence.
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 by all male citizens and does not
distinguish conscientious objectors from others who do not report for
it; the penalty is up to three years in prison. Watchtower
International, a Jehovah's Witnesses organization, reported that in
December there were 761 Jehovah's Witnesses serving an average of 18
months in prison for conscientious objection. As of December Watchtower
reported it was monitoring 155 cases on appeal to the Supreme Court and
15 cases before the Constitutional Court, two of which involved
reservists. Constitutional Court rulings on the matter, most recently
in 2011, upheld the law's constitutionality.
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 court access to bring
lawsuits seeking damages for, or cessation of, a human rights
violation. Administrative and judicial remedies are 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
significantly decreased, from 589 in the first half of 2010 to 58 in
the first half of 2011.
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. These prohibitions were
rarely enforced, however, and viewing DPRK satellite telecasts in
private homes is legal.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--Status of Freedom of Speech and
Press.--The law provides for freedom of speech and press, and the
government generally respected these rights in practice. An independent
press, an effective judiciary, and a functioning democratic political
system combined to ensure freedom of speech and of the press.
Censorship or Content Restrictions.--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.
On March 21, the U.N. special rapporteur on the promotion and
protection of the right to freedom of opinion and expression issued a
report on his May 2010 visit. While laudatory of progress made, the
report also expressed concern about increased restrictions on freedom
of expression and specifically cited as concerns laws broadly making
defamation a crime (which the rapporteur labeled as ``inherently harsh
and [having a] disproportionate chilling effect.'') and providing the
potential for controlling the dissemination of election or candidate
information and banning books.
In September the Supreme Court rejected a prosecution appeal and
reaffirmed district and appeals court verdicts of not guilty in the
case of four producers and one writer from the Munwha Broadcasting
Corporation's PD Notebook program who had been charged in 2009 with
spreading false rumors about the alleged health risks of eating U.S.
beef.
Internet Freedom.--There were some government restrictions on
access to the Internet and reports that the government monitored e-mail
and Internet chat rooms.
Under the National Security Law, anyone who knowingly supports or
encourages antistate entities faces punishment of up to seven years in
prison. According to an October press report, the online activities of
as many as 40 citizens were under investigation for such an offense.
The government blocked violent, sexually explicit, gambling-
oriented, and other Web sites found to violate law and order,
including, but not limited to, the illegal trade of internal organs,
food, or medical supplies; violation of intellectual property rights;
and the encouragement or planning of suicide. The government also
continued to block DPRK Web sites and direct access to the DPRK's
YouTube channel and Twitter account. Although viewing Web sites
praising the DPRK regime remains lawful, disseminating information
about those Web sites, including posting links to the sites, remains
unlawful under the National Security Law. For example, authorities
compelled Web site operators in September 2010 to remove more than
80,000 pro-DPRK comments, according to a media report.
In December the Korea Broadcasting and Communication Commission
established a new ``Media Information Review/Investigation Team'' to
monitor social networking services, applications, and online
advertisements. According to media reports, the team is charged with
reviewing pornography, the distribution of false information,
defamation, cyber stalking, violations of laws on national security and
the protection of juveniles, and any other criminal acts. If prohibited
materials are found, the commission is empowered to issue the user a
warning; prohibited material not thereupon removed would result in the
blocking of the user's account.
The March 21 U.N. special rapporteur on freedom of expression,
reporting on his May 2010 visit, also stated concern about the law
assigning the responsibility for controlling information on the
Internet to intermediaries or private companies rather than to an
independent body.
At year's end the Constitutional Court had not determined the
constitutionality of the government's expansion of the Network Act to
require identity verification in order to permit messages to be posted
on all Web sites operating a domestic server with more than 100,000
visitors per day. A civic organization had requested the determination
and alleged the expansion was an effort to limit freedom of expression
since the law had previously set the threshold at 300,000 visitors per
day.
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. Police routinely
approved demonstrations, although they reportedly banned some protests
by groups that had not properly registered or that were responsible for
violent protests in the past.
From August to November, after repeated warnings, police used water
cannons to disperse demonstrators at labor and political protests that
police stated were illegal; organizers claimed the protests were
registered and legal. There were no reported injuries or subsequent
legal actions.
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.--See the International Religious Freedom
Report at http://state.gov/j/drl/irf/rpt/.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The law provides for freedom of
movement within the country, foreign travel, emigration, and
repatriation, and the government generally respected these rights in
practice. The government cooperated with the Office of the U.N. High
Commissioner for Refugees and other humanitarian organizations in
providing protection and assistance to internally displaced persons,
refugees, returning refugees, asylum seekers, stateless persons, and
other persons of concern.
Foreign Travel.--In many cases travelers from the ROK to the DPRK
must receive a Ministry of Unification briefing before 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.
Government officials restricted the movement of certain DPRK
defectors by denying them passports.
Citizens convicted of a crime for which the potential sentence is
two years' imprisonment or longer may have their passport privileges
revoked by the Ministry of Foreign Affairs and Trade.
Protection of Refugees.--Access to Asylum.--The law provides for
the granting of asylum or refugee status, and the government has
established a system for providing protection to refugees. However, the
government did not routinely grant refugee status or asylum.
The Ministry of Justice's increase in the number of staff reviewing
refugee applications and the movement of adjudication authority to the
Seoul Immigration Office streamlined bureaucratic procedures and
provided better access to translators--actions that resulted in quicker
application processing. During the year the government approved 42
applications and denied 277, compared with 47 approvals and 168
rejections during 2010.
In July the Seoul Administrative Court--in an unprecedented
reversal of a Ministry of Justice denial--granted refugee status to
three Iranian Muslims who had converted to Christianity while living in
the country.
Nonrefoulement.--On September 6, police and immigration officials
arrested Jin Jingzhe, a self-proclaimed Chinese practitioner of Falun
Gong who arrived in South Korea in 2008, and his wife. As of year's end
authorities had released her, but his asylum request had been denied,
and he remained in detention in Suwon under the threat of deportation
to China. Since 2009, authorities have reportedly returned to China 10
individuals who claimed to be Falun Gong practitioners, after courts
refused their refugee/asylum requests.
Employment.--Those granted refugee status are given resident status
with employment authorization.
Access to Basic Services.--Refugees are provided with basic living
expenses and medical expenses if their income falls below the poverty
line.
The government continued its longstanding policy of accepting
refugees from the DPRK who are entitled to citizenship in the ROK. The
government resettled 2,737 such refugees during the year, and there
were at year's end approximately 23,000 North Korean refugees living in
South Korea. The DPRK Refugee Support Foundation provided services to
assist refugees as they adjust to life in South Korea, including rental
assistance, exemption of education fees, medical service assistance,
business loans, and employment assistance. The government also operated
30 Centers to Adjust to Regions, which educated refugees on adaptation
to specific geographic areas, provided counseling services, and
supported social adjustment.
Temporary Protection.--Government guidelines provide for offering
both temporary refugee status in the case of a mass influx of asylum
seekers and an alternate form of protection--a renewable, short-term
permit--to those who meet a broader definition of ``refugee.'' During
the year the government provided temporary humanitarian protection to
32 persons who may not qualify as refugees.
As of January the Office of the U.N. High Commissioner for Refugees
reported 179 stateless persons in the country. It was unclear how many
of them were children of refugees or migrants unable to obtain South
Korean citizenship under the country's laws; authorities, however, gave
them the same status as their parents.
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 age 19 or older.
Elections and Political Participation.--Recent Elections.--National
Assembly elections in April 2008 were free and fair.
During an October 26 by-election, National Election Commission Web
sites suffered denial of service attacks. Police in December arrested a
staffer of a Grand National Party member and four others, and the
lawmaker resigned his position.
Participation of Women and Minorities.--In general elections, 50
percent of each party's candidates for the 54 seats decided by
proportional ballot must be women, and 30 percent of each party's
candidates for the 245 single-member constituencies are recommended to
be women. At year's end there were 45 women in the 299-seat National
Assembly, with two of 16 National Assembly standing committees chaired
by women. One of 14 Supreme Court justices and three 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. As of July,
according to the Ministry of Justice, 243 government officials had been
prosecuted for abuse of authority, bribery, corruption, embezzlement,
misappropriation, or falsification of official documents. As of
December, courts convicted 10 National Assembly members of accepting
illegal political funds and fined four, suspended four, and stayed the
sentences of two. Four lost their National Assembly memberships.
By law public servants above a specific 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 activities. The Anticorruption and Civil Rights
Commission, operating on an annual budget of more than 63 billion won
(approximately $54 million), manages public complaints and
administrative appeals regarding corrupt government practices. During
the year the commission logged approximately 32,000 civil petitions and
reported investigating all of them and dismissing 35 percent as
noncomplaints. The commission acted on 3,014 claims and used alternate
dispute resolution to resolve the majority of them. The commission also
evaluates the ``good governance and cleanliness'' of public
organizations and during the year decreased the number of organizations
under its purview from 712 in 2010 to 705.
The country has a freedom of information act, and in practice the
government granted public access to 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.
Government Human Rights Bodies.--The National Human Rights
Commission (NHRC), an independent government body established to
protect and promote human rights, has no enforcement power, and its
decisions are nonbinding. The NHRC investigates complaints, issues
policy recommendations, and conducts education campaigns. In 2009 the
U.N. Committee on Economic, Social, and Cultural Rights expressed
concerns about NHRC independence as well as its downsizing by 21
percent when ministries were downsized significantly less. On the
NHRC's 10th anniversary in November, local media outlets also
questioned the commission's independence.
Ombudsman activities are the responsibility of the independent
Anticorruption and Civil Rights Commission, which interacted with
various government institutions, including the Office of the President,
National Assembly, and ministries. The commission addressed complaints
and concerns from both citizens and foreign residents and was trusted
by the public (see also section 4).
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The law forbids discrimination on the basis of race, gender,
disability, and social status, and the government effectively enforced
it.
Women.--Rape and Domestic Violence.--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' imprisonment to life. If the
perpetrator is a relative of the victim, the minimum prison sentence
for rape or sexual assault increases from five years to seven and from
three years to five, respectively.
During the year the Ministry of Justice stated that there were
9,144 reports of rape; 19,830 total reports of sexual violence,
including rape; 20,159 offenders arrested; and 3,947 rape cases and
8,883 sexual violence cases, including rape, prosecuted. No information
was available on convictions or sentences. In 2010 there were 18,985
reports and 8,385 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. This order may be extended up to two years. Offenders may be
sentenced to a maximum of five years in prison and fined up to seven
million won (approximately $6,000) for domestic violence offenses and
sentenced to a maximum of two years in prison and fined up to 20
million won ($17,000) for violating domestic violence restraining
orders. 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 for the most
part responsive.
On June 29, the National Assembly passed the Special Act on the
Punishment of Domestic Violence, which became effective on October 26.
When there is a danger of domestic violence recurring and there is an
immediate need for protection, the act allows a provisional order to be
issued ex-officio or at the request of the victim. The provisional
order may restrict the defendant from living in the same home or
approaching within 109 yards of the victim and includes contacting the
victim through the use of telecommunication devices. The Ministry of
Justice reported the number of domestic violence cases decreased from
7,359 in 2010 to 2,511 in 2011. No information was available on
prosecutions, convictions, or sentences.
Sexual Harassment.--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, which reports annually to the Cabinet Council and
National Assembly, provided sexual harassment prevention training to
approximately 15,000 public institutions.
Reproductive Rights.--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. Women were equally
diagnosed and treated for sexually transmitted infections.
Discrimination.--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 law penalizes companies found to discriminate against women in
hiring and promotions. A company found guilty of practicing sexual
discrimination may be fined up to five million won (approximately
$4,300).
The Ministry of Employment and Labor reported that the labor force
participation of women between the ages of 15 and 64 increased from
53.6 percent in July 2010 to 54 percent as of July 2011. To increase
the 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 these institutions to comply with a
hiring plan devised by the ministry if they do not maintain a female
workforce greater or equal to 60 percent of the average of relevant
occupations.
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.
Children.--Birth Registration.--Citizenship requires that one
parent be a citizen of the country at the time of birth. Citizenship is
also given in circumstances where parentage is unclear or if a person
would otherwise be stateless. Domestic NGOs estimated that there were
as many as 20,000 unregistered children in the country at the end of
2010.
Child Abuse.--In 2010 a total of 9,199 child-abuse cases were
reported to the Ministry for Health and Welfare. The ministry's Child
Protection Center intervened in 5,657 of the cases, 75 of which
involved abuses in orphanages and childcare facilities. The ministry
maintained shelters that provided protection, counseling, and treatment
services to child abuse victims.
Sexual Exploitation of Children.--The minimum sentence for rape of
a minor is 10 years' imprisonment, and the minimum sentence for other
sexual assaults involving a minor 13 years of age or younger is seven
years. Other penalties include electronic monitoring of offenders and
the public release of their personal information. The age of consent is
13 years; moreover, it is illegal to deceive or pressure anyone under
age 19 into having sexual intercourse. In August the National Assembly
revised the Act on the Protection of Children and Juveniles from Sexual
Abuse to give sexual-violence victims the right to a court-appointed
attorney.
As of July the Act on Pharmacologic Treatment of Sexual Offenders'
Sexual Impulse authorized courts to order a person convicted of a
sexual crime against a child (under age 16) and diagnosed as a sexual
deviant to undergo reversible hormonal treatment to curb the level of
sexual impulse.
The law prohibits child pornography. Offenders who produce or
possess it for the purpose of selling, renting, or distributing it for
profit are subject to a maximum of seven years' imprisonment and may be
fined up to 20 million won (approximately $17,000). According to the
National Police Agency, children were engaged in prostitution. As of
July authorities caught 1,184 adolescents between the ages of 13 and 19
buying or selling sex, which accounted for an estimated 9.7 percent of
total offenders.
The Ministry of Gender Equality and Family maintained 10 centers
that provided counseling, treatment, and legal assistance to child
victims of sexual violence.
International Child Abductions.--The country is not a party to the
1980 Hague Convention on the Civil Aspects of International Child
Abduction.
Anti-Semitism.--There is a small Jewish population consisting
almost entirely of expatriates. There were no reports of anti-Semitic
acts.
Trafficking in Persons.--See the Department of State's Trafficking
in Persons Report at http://state.gov/j/tip.
Persons With Disabilities.--The law prohibits discrimination
against persons with physical, sensory, intellectual, and mental
disabilities in employment, education, access to health care, or the
provision of other state services or other areas, and the government
effectively enforced the law. The government effectively implemented
laws and programs to ensure that persons with disabilities had access
to buildings, information, and communications. The law establishes
penalties for deliberate discrimination of up to three years in prison
and 30 million won (approximately $26,000). The government, through the
Ministry of Health and Welfare, continued to implement a comprehensive
set of policies that included encouraging public and private buildings
and facilities to provide barrier-free access, providing part-time
employment, and employing a task force to introduce a long-term care
system. The government operated rehabilitation hospitals in six
regions, plus a national rehabilitation research center to increase
opportunities and access for persons with disabilities.
Any business with 50 full-time employees or more is required to
meet an employment quota for persons with disabilities (3 percent for
government agencies, 2.3 percent to 3 percent for public organizations,
and 2.3 percent for private companies). Foreign companies operating in
the export processing zones (EPZs) are exempt from these requirements.
Any private company or public organization with 100 full-time workers
or more is subject to a monthly penalty amounting to 530,000 won
(approximately $460) for each person with a disability whom it fails to
hire and, if the employment rate of workers with disabilities does not
reach 50 percent of the required quota, an additional charge is
imposed. During the year authorities charged establishments that failed
to employ any persons with disabilities based on the minimum wage
(approximately 940,000 won per month or $800). The government enforced
this new requirement in phases, beginning with employers of 300 or more
full-time workers and expanding gradually to include employers with 100
or more full-time workers.
Another part of enforcement involved disclosing in the media and
the official gazette the names of businesses that fail to meet the
quotas. In July the Ministry of Employment and Labor published the
names of 39 government ministries and local governments, 64 public
institutions, 749 private companies with 300 employees or more, and
1,357 private companies with between 100 and 300 employees that failed
to meet the quotas.
On October 4, the Support for the Activities of Persons with
Disabilities Act that the National Assembly passed in January became
effective. Under it the government provided assistance to persons with
disabilities, including bathing, home nursing care, and mobility
assistance. The government also provided financial assistance to low-
income persons with severe disabilities.
On August 4, the National Assembly passed the Support for Children
with Disabilities Welfare Act (scheduled to become effective in August
2012). It would provide support for the health and welfare of children
with disabilities, including a support center, nursing service, and
medical aid. The government also expanded services for children with
disabilities by providing monthly financial aid to those with brain
damage, furnishing up to 320 hours per year of in-home services to the
families of children with disabilities, and operating a cultural
program and family camp.
In July for the first time in the company's history, the Korean
Broadcasting System hired a visually impaired anchor. The anchor
competed with 522 other candidates to obtain the highly sought-after
position. Broadcasting companies continued to provide closed captions
and signing interpreters for their hearing-impaired audiences.
National/Racial/Ethnic Minorities.--Essentially racially
homogeneous, the country's growing ethnic minority population passed
the 1.2 million mark in 2010. To meet the projected growth in ethnic
minorities due to the increasing number of migrant workers and foreign
brides, the Ministries of Gender Equality and Family and of Employment
and Labor continued programs to increase public awareness of cultural
diversity and to assist foreign workers, wives, and multicultural
families to adjust to life in the country.
Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--The Ministry of Justice
reported that the constitution's equality principles apply to lesbian,
gay, bisexual, and transgender (LGBT) persons. The law that installed
the NHRC prohibits discrimination on the basis of sexual orientation
and gives the NHRC the authority to review cases of such
discrimination. From January 1 to July 31, the NHRC received one case
of alleged discrimination against LGBT persons but did not find merit
in the case.
There are no specific laws punishing offenders or providing remedy
to victims of discrimination or violence against LGBT persons. However,
the government did punish perpetrators of violence against LGBT persons
according to the law.
Military and societal discrimination against LGBT persons
persisted. In March the Constitutional Court found the military code of
conduct provision that criminalizes consensual same-sex sexual activity
between military personnel to be constitutional.
Other Societal Violence or Discrimination.--Some observers claimed
that persons with HIV/AIDS continued to suffer from societal
discrimination and social stigma. The law protects the confidentiality
of persons with HIV/AIDS and protects them from discrimination.
During the year the NHRC reported there were 287 employment-
discrimination cases filed. Seven complaints alleged age
discrimination, and the NHRC recommended remedies in two of the cases.
The media reported some violence against foreigners. For example,
in May a man killed his foreign wife. The government continued to crack
down on illegal matchmaking agencies and increased monitoring of legal
ones. Additionally, the government opened premarriage education centers
for those who plan to marry foreigners and provided language training
and counseling to foreign spouses. Local NGOs and the media also
reported that North Korean resettlers, although supported through
government-funded resettlement programming, continued to face
discrimination.
Section 7. Worker Rights
a. Freedom of Association and the Right to Collective Bargaining.--
The law provides workers with the right to associate freely in
accordance with regulations. In July new amendments took effect that
authorize union pluralism; they allow multiple unions to form at a
single enterprise but permit only a single negotiation channel with
management. The law constrains the right to organize freely for some
workers, including public sector employees.
The law permits workers to file complaints of unfair labor
practices against employers who interfere with union organizing or who
discriminate against union members. The law prohibits antiunion
discrimination and allows for reinstatement of workers terminated for
union activity.
The constitution and law provide for the right to strike but limit
it in certain circumstances. Among the workers employed at major
defense corporations subject to the Defense Acquisition Program Act,
those working in the areas of electricity generation, water supply, or
production of defense products are not allowed to strike. This list of
``essential services'' prohibited from striking is more broadly defined
than international standards specify. Strikes are also prohibited for
national and local government officials.
By law unions must submit a request for mediation to the National
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 when a dispute has been
referred to binding arbitration. Additionally, if striking employees
resort to violence, unlawfully occupy premises, or damage facilities,
their actions are deemed illegal. Strikes not specifically pertaining
to labor conditions, including wages, benefits, and working hours, are
also illegal.
Striking workers may 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. The National
Labor Relations Commission may require and has required employers found
guilty of unfair practices to reinstate workers fired for union
activities.
The law permits some public servants to bargain collectively,
although it restricts public service unions from collective bargaining
on topics such as budgetary and policy-making matters. The law further
prevents special public servants from joining unions unless they are
equivalent to a general public official of grade six or below and are
not engaging in foreign affairs and managing diplomatic information.
As a result of new regulations allowing for union plurality,
workers had more options for selecting a union and saw an overall
improvement in union services. As of August 23, according to the Korea
Employers Federation, 398 new trade unions had been established. 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. All labor federations generally operated without
government interference.
In practice laws banning education workers from engaging in certain
political activities, such as joining a political party or openly
endorsing a political party or candidate, have constrained unions'
abilities to advocate for their positions. In January the Seoul
District Court dismissed cases against 159 members of the Korean
Teachers and Education Workers Union or found them not guilty of
charges that they joined a political party when they launched
antigovernment petitions in 2009. Many teachers, however, were assessed
fines for contributing to a political party.
On September 15, the Seoul Administrative Court ruled against the
Immigration Service's effort to deny Migrants Trade Union President
Michael Catuira a work visa and deport him. At year's end the
Immigration Service's appeal was pending.
Although the constitution and law provide workers the right to
strike and exempt them from legal responsibility in the case of a legal
strike, in practice workers may still be penalized for striking if they
engage in other illegal activities. For example, workers who use
violence or participate in illegal activities may be prosecuted for
``obstruction of business.'' This charge was often used to detain labor
leaders and strikers in labor demonstrations, as in the case of Kim
Jin-seok, who illegally occupied a crane from January until November
during the Hanjin labor dispute. Once the strike ended, authorities
issued a warrant for her arrest.
b. Prohibition of Forced or Compulsory Labor.--The law prohibits
all forms of forced or compulsory labor. The government generally
enforced the law effectively; however, there were reports that some men
and women from foreign countries were subjected to forced labor.
Migrant workers who traveled to the ROK for employment sometimes
incurred thousands of dollars in debts, contributing to their
vulnerability to debt bondage. Observers noted that migrant workers
commonly faced conditions indicative of forced labor, including
deceptive recruiting practices, nonpayment of wages, and restrictions
on workers' freedom of movement by withholding of passports (see
section 7.d.).
During the year there were some media reports that alleged that
migrant workers were subjected to forced labor on ROK-flagged fishing
vessels operating in the New Zealand exclusive economic zone. The ROK
government initiated an investigation into the allegations, which
continued at year's end.
Also see the Department of State's Trafficking in Persons Report at
http://state.gov/j/tip.
c. Prohibition of Child Labor and Minimum Age for Employment.--The
law protects children from exploitation in the workplace and prohibits
the employment of persons under age 15 without an authorization
certificate from the Ministry of Employment and Labor. Authorities
issued few such certificates for full-time employment, because
education is compulsory through middle school (approximately age 15).
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 ministry. The government
effectively enforced this law through regular inspections, and child
labor was not considered a problem.
d. Acceptable Conditions of Work.--Authorities set the annual
national minimum wage at 4,320 won (approximately $3.73) per hour, a
5.1 percent increase over 2010 and equal to the increase in the minimum
cost of living. The minimum cost of living for a family of two was
942,197 won ($800) per month, and the 2011 Poverty Statistics Yearbook
reported that one-fourth of household incomes failed to meet the
minimum.
The 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. However, foreign companies operating in
the EPZs are exempt from some labor regulations, including provisions
that mandate paid leave, also referred to as ``weekly rest.''
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 at a 50 percent higher rate. The law also allows a
flexible workhours system under which employers may 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). Management may ask employees to
work up to 56 regular hours in a given week, during which workers may
work more than 12 hours per day, if both the employer and the employee
agree.
The government sets health and safety standards and is responsible
for monitoring industry adherence to these standards.
A set of regulations, including the Employee Permit System (EPS),
outlines legal protections for migrant and foreign workers. Permit
holders may work only in certain industries and have limited job
mobility, but they generally enjoy the same rights and privileges as
citizens.
The government conducts labor inspections both proactively
according to regulations and reactively in response to complaints. As
of December there were 311 labor inspectors for industrial safety and
welfare countrywide. According to the Korea Occupational Safety and
Health Agency (KOSHA), inspectors at times faced difficulties in
conducting inspections due to opposition from business owners or
managers. The government provided technical assistance via KOSHA to
resolve deficiencies discovered during inspections.
Foreign workers legally employed in Korea are registered in the
EPS. Workers registered with the EPS and legally employed in the
country have more rights than workers who are illegally employed.
According to the Ministry of Employment and Labor, as of November there
were approximately 547,000 foreign workers residing in the country,
approximately 497,000 of whom were admitted under the EPS.
Contract and other ``nonregular'' (part-time) workers accounted for
a substantial portion of the workforce. The ministry reported that as
of March there were approximately 5.77 million nonregular workers,
comprising approximately 34 percent of the total workforce. In 2010
nonregular workers, as reported by the ministry, performed work similar
to regular workers but received approximately 87 percent of the wages
of regular workers.
The government continued to use the EPS to increase protections for
and controls on foreign workers, while addressing the labor shortage in
the manufacturing, construction, and agricultural sectors. In order to
assist both employers and workers to understand better the applicable
laws and regulations, the government provided pre-employment training
to newly arrived foreign workers, workplace-adaptation training to
those who changed workplaces, and training to employers who hired
foreign workers.
On September 29, the Constitutional Court rejected a challenge to
the EPS law's three-workplace-changes limit as violating employment
freedoms. 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. As of
August 1, a revision to the Enforcement Regulations of the Act on
Foreign Workers' Employment allows employers to apply to rehire foreign
workers within seven days of the expiration date of the permit, easing
the earlier deadline of at least 45 days.
The government implemented social services and legal precedents to
address complaints about the working conditions of foreigners. During
the year the Ministry of Employment and Labor provided training on the
EPS to employers hiring foreign workers and continued programs
previously implemented for foreign workers to ease the difficulties of
living and working in the country, including free legal advice,
counseling, translation services, health checkups in their native
language, and the establishment of several ``human rights protection
centers for foreigners.'' In an effort to reach more foreign workers,
telephone services were available in 10 languages.
NGOs and local media reported that nonregular workers were at
greater risk for discrimination because of their status and that
foreign laborers sometimes faced physical abuse and exploitation from
employers in the form of longer working hours and lower wages than
their Korean counterparts. The NGO Korea Migrant Center received
reports of abuse of female entertainment visa holders. The ministry
reported that foreign workers filed 5,227 complaints related to unpaid
wages during 2011.
The government reports descriptions of and statistics on work-
related injuries and fatalities on a quarterly basis on its Web sites.
As of September there were 69,066 industrial, work-related accidents, a
decrease of 3,005 compared with the same period in 2010. There were
also 1,582 fatalities reported, a decrease of 10 compared with the same
period in 2010. KOSHA provided training and subsidies to improve work
safety and reduce work-related accidents. Since extending its services
to migrant workers, KOSHA made training modules and materials available
in 10 languages at worksites.
__________
LAOS
executive summary
The Lao People's Democratic Republic is an authoritarian state
ruled by the only party that the constitution legitimizes, the Lao
People's Revolutionary Party (LPRP). The most recent National Assembly
election was held on April 30, and almost all candidates were LPRP
members vetted by the party. Security forces reported to civilian
authorities.
The most significant human rights problems were that the government
continued to deny citizens the right to change their government, prison
conditions were harsh and at times life-threatening, and corruption in
the police and judiciary persisted.
Other human rights problems included some police and security force
abuse of prisoners and detainees; arbitrary arrest and detention;
government infringements on freedom of speech, the press, assembly, and
association, as well as the right to privacy; government restrictions
on academic freedom; local restrictions on religious freedom;
trafficking in persons; societal discrimination on the basis of sexual
orientation and against persons with HIV/AIDS; and government
restrictions on worker rights.
The government did not take steps to prosecute and punish officials
who committed abuses, and members of the police acted with impunity.
Section 1. Respect for the Integrity of the Person, Including Freedom
from:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
credible reports that the government or its agents committed arbitrary
or unlawful killings, including 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 police and security force members 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.
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.
In October an international human rights organization reported that
police and local militia forcibly detained without due process and
physically abused individuals at the Somsanga Drug Treatment and
Rehabilitation Center in Vientiane and called for an investigation.
However, foreign diplomats and international organization
representatives based in Vientiane regularly visited the center
throughout the year and found no evidence to support the report.
Prison and Detention Center Conditions.--Prison conditions varied
widely but in general were harsh and occasionally life- threatening.
Authorities did not make prison population statistics available.
Prisons were overcrowded with poor ventilation, minimal sanitation
facilities, inadequate access to 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.
Generally family members could access prisoners and detainees, although
sometimes the family did not live close to the jail; in some facilities
families could make frequent visits, but in others, visits were
severely restricted.
Unlike 2010 there were no credible reports during the year from
international organizations that authorities treated ethnic minority
prisoners particularly harshly. Authorities used incommunicado
detention as an interrogation technique and against perceived problem
prisoners, although there were no specific 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. Conditions for women generally were similar
to or better than those for men. 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.
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, although there were no
reports that prisoners, detainees, or their family members made such
requests for fear of exacerbating poor detention conditions. There were
also no known investigations of complaints and no records of government
investigation or monitoring of prison and detention center conditions.
The government did not permit regular independent monitoring of
prison conditions. At times it provided foreign diplomats access to
some prisons, but such access was strictly limited. There were no
ombudsmen to serve on behalf of prisoners and detainees.
In certain cases the government allowed offenders convicted of
nonviolent crimes to be released, without formally sentencing them to
prison.
The government made improvements to Phongtong Prison facilities for
foreigners during the year. No information was available about
improvements to any of the other 18 prisons.
d. Arbitrary Arrest or Detention.--The law prohibits arbitrary
arrest and detention, but in practice some government officials did not
respect these provisions, and arbitrary arrest and detention persisted.
Role of the Police and Security Apparatus.--The Ministry of Public
Security 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 Ministry of Public
Security includes local, traffic, immigration, and security (including
border) police plus other armed police units. Additionally,
communications 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, although
there were no statistics available. The Ministry of Public Security's
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 arrest powers, although normally only police
carried them out. The law provides detainees the right to a prompt
judicial determination of the legality of detention. The law also
requires that, within 24 hours of arrest, authorities notify detainees
of the charges brought against them and inform next of kin, and
generally this occurred. Prisoner access to family members and a lawyer
was not assured but was generally allowed. There is a bail system, but
it was nonfunctioning and arbitrarily implemented. There were no
reports of detainees held incommunicado during the year, but
authorities did place them under house arrest, particularly for health
reasons.
Arbitrary Arrest.--Police continued to exercise 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.
Pretrial Detention.--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 reportedly made efforts to ensure that all
prisoners were brought to trial within the one-year limit, but the
limit occasionally was ignored. The Prosecutor General's Office 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. 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 later.
Amnesty.--On December 30, the government issued a presidential
decree granting amnesty to 665 prisoners, of whom 109 were women and 25
were foreigners.
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 National
Assembly 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, but 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
reviews of the evidence. Juries are not used. Trials that involve
certain criminal laws relating to national security, state secrets,
children under age 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.
Nevertheless, 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. 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
Champasak and Oudomsay provinces 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 National Assembly Legal Affairs Committee
occasionally reviewed People's Supreme Court decisions for ``accuracy''
and returned cases to it or the Prosecutor General's Office for review
when the committee believed decisions were reached improperly.
Political Prisoners and Detainees.--There were no available
government statistics or reliable estimates of the number of political
prisoners, but the following three were well known:
Colonel Sing Chanthakoumane, an official of the pre-1975
government, continued to serve a life sentence for antigovernment
activities after a 1990 trial that was not conducted according to
international standards. The government continued to ignore requests to
release him on humanitarian grounds.
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.
There were no credible reports during the year of persons arrested,
tried, and convicted under national security laws that prevent public
court trials.
Civil Judicial Procedures and Remedies.--The law provides for
independence of the judiciary in civil matters, but 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 National Assembly. Regarding 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 Ministry of Public Security 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 also played a role
in monitoring citizens at all societal levels.
The government continued to relocate 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 arrests 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.--Status of Freedom of Speech and
Press.--The law provides for freedom of speech and press, but in
practice the government severely restricted political speech and
writing and prohibited most public criticism that it deemed harmful to
its reputation.
Freedom of Speech.--The law provides citizens with the right to
criticize the government but also forbids slandering the state,
distorting party or state policies, inciting disorder, or propagating
information or opinions that weaken the state.
Freedom of Press.--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.
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.
Violence and Harassment.--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 permitted their travel without official escorts. When
escorts were required, they reportedly were at journalists' expense.
Censorship or Content Restrictions.--Officials reviewed privately
owned periodicals after publication and could penalize those whose
articles did not meet government approval. The Ministry of Information
and Culture's Mass Media Department confirmed that no publications
during the year failed to obtain government approval. Publishers
reportedly were aware of what the government would approve for
publishing and therefore tended to practice self-censorship.
Authorities prohibited the dissemination of materials deemed by the
ministry 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
of one to three times the value of the item or imprisonment for up to
one year.
Publishing Restrictions.--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 those 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.
Internet Freedom.--The government controlled all domestic Internet
servers and retained the ability to block access to Internet Web 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 capability appeared
limited.
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 on 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 decree allows
for 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 10 organizations
completed the application process and were registered formally; another
70 awaited approval by year's end.
c. Freedom of Religion.--See the Department of State's
International Religious Freedom Report at http://state.gov/j/drl/irf/
rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The law provides for freedom of
movement within the country, foreign travel, emigration, and
repatriation, but in practice the government imposed some restrictions.
The government cooperated in some cases with the Office of the U.N.
High Commissioner for Refugees (UNHCR) and other humanitarian
organizations in providing protection and assistance to internally
displaced persons, refugees, returning refugees, asylum seekers,
stateless persons, and other persons of concern.
Foreign Travel.--Citizens seeking to travel to contiguous areas of
neighboring countries generally obtained the required permits easily
from district offices. Those wishing to travel farther abroad were
required to apply for passports.
Emigration and Repatriation.--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 continued to maintain that the UNHCR's mandate
expired in 2001 and all former refugees had successfully reintegrated.
During the year foreign diplomats, international organizations
representatives (including senior UNHCR officials), and the press
visited the villages of Phonekham in Borikhamxay Province and Phalak
and Nongsan in Vientiane Province, where Lao Hmong who returned from
Thailand in 2007-09 were resettled, including those involuntarily
returned in 2009. The government in 2010 provided land, housing, and
electricity plus a one-year supply of food. During the year the
government worked on an irrigation system for Phonekham Village that
was scheduled for completion in 2012, and it continued to make a
concerted effort to provide the international community access, albeit
controlled, to these resettlement villages.
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. On September 28, Lao authorities received 34
Lao Hmong whom Thai authorities repatriated across the Mekong River
near Nong Khai, Thailand. The returnees claimed that one Lao Hmong male
drowned while being ferried across the river by boat, and
unsubstantiated reports from elements of the Hmong diaspora alleged
that Thai authorities beat him. The government reportedly sent these
returnees back to their villages by year's end.
The government maintained its policy of denying the right of return
to persons who fled the country during the 1975 change of regime and
were tried in absentia for antigovernment activities; there were no
cases of such denial during the year.
Internally Displaced Persons (IDPs).--In the absence of
comprehensive and timely monitoring by international organizations and
independent observers, it was not possible to clarify the number and
condition of IDPs in the country or the situation concerning their
protection and reintegration, government restrictions on them, and
their access to basic services and assistance. Nevertheless, the NGO
Internal Displacement Monitoring Center's 2010 report identified three
groups of IDPs that could total ``between several hundreds and several
thousands,'' as follows: (1) Hmong who fled to Thailand and were
forcibly returned; (2) individuals who should be considered as
civilians but were living with Hmong insurgents (see section 6,
National/Racial/Ethnic Minorities); and (3) individuals, small in
number, of non-Buddhist minority religious group members who reportedly
were forced from their villages due to local restrictions on religious
practices (see the Department of State's International Religious
Freedom Report at http://state.gov/j/drl/irf/rpt).
Protection of Refugees.--Access to Asylum.--The law provides for
asylum and the protection of stateless persons. The government did not
routinely grant refugee or asylum status, but it showed some
flexibility in dealing pragmatically with individual asylum cases.
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 universal, adult-
suffrage voting by secret ballot. Election committees appointed by the
National Assembly must approve all candidates for local and national
elections. Candidates do not need to be LPRP members, but in practice
almost all were.
The National Assembly chooses members of the Standing Committee,
generally based on the previous Standing Committee's recommendations.
Upon such recommendations, the National Assembly 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 National Assembly, upon the president's recommendation,
formally elects the prime minister and other government ministers.
Recent Elections.--The most recent National Assembly election was
on April 30. Independent observers were not allowed to monitor the
election process.
Political Parties.--The constitution legitimizes only the LPRP; all
other political parties are outlawed.
Participation of Women and Minorities.--There were 33 women in the
132-seat National Assembly, including two on the ten-member Standing
Committee, and three women were members of the 13-member People's
Supreme Court. The 61-seat LPRP Central Committee included five women,
one of whom was also a member of the 11-member Politburo and president
of the National Assembly. Of six 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, and 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 National Assembly
included 50 members of ethnic minorities, while two 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 of
the People's Supreme Court justices was a member of an ethnic minority.
Section 4. Official Corruption and Government Transparency
The law provides criminal penalties for official corruption, but
the government did not implement the law effectively, and corruption
continued to be a serious problem. 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. Some judges reportedly could be bribed. 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 Inspection and Anticorruption Committee,
which was established in June, carries authority equal to a government
ministry and has responsibility for uncovering corruption in all
government ministries, including the Ministry of Public Security.
Authorities arrested and administratively punished lower-level
officials on occasion for corruption. There were no reports of criminal
cases 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.
No laws provide 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 U.N. human rights conventions from several international
donors.
U.N. and Other International Bodies.--The government maintained
contacts and cooperated with the International Committee of the Red
Cross in various activities for the implementation of international
humanitarian law. The government also continued to work on implementing
the 2010 U.N. Universal Periodic Review recommendations that it had
accepted.
Government Human Rights Bodies.--There is no ombudsman. A human
rights division in the Ministry of Foreign Affairs has responsibility
for investigating allegations of human rights violations, although in
practice it apparently had no authority to perform investigations or
direct other ministries to undertake them.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution provides for equal treatment under the law for all
citizens without regard to ethnicity, gender, social status, education,
or faith. The government at times took action when well-documented,
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 and Domestic Violence.--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 tried
in court, defendants generally were convicted with sentences ranging
from three years' imprisonment to execution. Rape was reportedly rare,
although it was likely underreported, as was most crime. The country
does not have a central crime database, nor does it provide crime
statistics.
Domestic violence is illegal, but 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 the
detention of persons against their will, may include both fines and
imprisonment. The law grants 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, in
cooperation with NGOs, assisted victims of domestic violence. On
November 25, the Counseling and Protection Center for Women and
Children in Vientiane, operated by the LWU, launched a new nationwide
hotline for individuals to report incidents of domestic violence and
receive counseling over the telephone. An international NGO operating a
shelter for homeless children noted that domestic violence was one of
the main reasons why children leave homes to live on the streets of
Vientiane. Overall statistics were unavailable on the number of abusers
prosecuted, convicted, or punished, but the LWU estimated that the
centers have assisted approximately 500 domestic violence victims since
October 2010.
Sexual Harassment.--Although sexual harassment is not illegal,
``indecent sexual behavior'' toward another person is illegal and
punishable by six months to three years in prison. Sexual harassment
rarely was reported, with its extent difficult to assess.
Reproductive Rights.--Couples and individuals had the right to
decide the number, spacing, and timing of children, and had the
information and means to do so free from discrimination. Access to
information on contraception was generally available, although the
means of contraception were not widely available in rural areas and
were often financially out of reach. A 2011 U.N. Population Fund report
estimated the contraceptive prevalence rate for women of reproductive
age (15-49 years) in 2010 for all methods to be 38 percent and the
maternal mortality ratio in 2008 to be 580 deaths per 100,000 live
births. Deaths related to pregnancy and childbirth were the primary
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. According to the U.N. Development Program, the major
factors influencing maternal mortality in the country were the low
contraceptive prevalence rate, the high unmet need for family planning
among women of reproductive age (27 percent), the low percentage of
deliveries assisted by trained health practitioners (23 percent), and
the lack of access to emergency obstetric care. Antenatal care remained
poor. Women and men had equal access to diagnostic services and
treatment for sexually transmitted infections.
Discrimination.--The law provides equal rights for women, but
traditional attitudes and gender-role stereotyping kept women and girls
in subordinate positions, preventing them from equally accessing
education and business opportunities, and there was little government
effort to redress this. The law also prohibits legal discrimination in
marriage and inheritance, although varying degrees of culturally based
discrimination against women persisted, with greater discrimination
practiced by some hill tribes.
The LWU operated nationally to promote the position of women in
society, including conducting several programs to strengthen the role
of women that were most effective in 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.
Poverty continued to affect women disproportionately, 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.
Children.--Birth Registration.--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.--Education was compulsory, free, and universal through
the fifth grade, although 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.
Although school enrollment rates for girls remained lower than for
boys, gender parity continued to increase.
Child Abuse.--The law prohibits violence against children, and
violators are subject to stiff punishments. Reports of the physical
abuse of children were rare.
Child Marriage.--The law allows marriage under age 18 in ``special
and necessary cases,'' often cases of underage pregnancy, and a
considerable percentage of women married before reaching that age.
Sexual Exploitation of Children.--The law does not contain
penalties specifically for child prostitution, but the penalty for sex
with a child (defined as under age 15, 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 the cities of Vientiane and Luang Prabang displayed posters
created by international NGOs warning against child sex tourism.
International Child Abductions.--The country is not a party to the
1980 Hague Convention on the Civil Aspects of International Child
Abduction.
Anti-Semitism.--There was no known Jewish community in the country,
and there were no reports of anti-Semitic acts.
Trafficking in Persons.--See the Department of State's Trafficking
in Persons Report at http://state.gov/j/tip.
Persons With Disabilities.--The constitution provides citizens
protection against discrimination but does not specify that these
protections apply to persons with disabilities. Regulations promulgated
by the Ministry of Labor and Social Welfare and the Lao National
Commission for the Disabled protect such persons against
discrimination, although the regulations lack the force of law.
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
worked extensively on this issue, especially in coordination with
international NGOs, to operate the Cooperative Orthotic and Prosthetic
Enterprise that supplied prosthetic limbs, corrected clubfeet, and
provided education to deaf and blind persons.
According to the Ministry of Public Works and Transport, the law
requires that construction projects begun after 2009 provide facilities
to persons with disabilities and elderly individuals, particularly in
the construction of buildings, roads, and public places. The law does
not mandate accessibility to buildings built before its enactment or
government services for persons with disabilities, but during the year
the Ministry of Labor and Social Welfare established regulations
regarding building access and built some sidewalk ramps in Vientiane.
While there was some progress on accessibility, the lack of resources
for infrastructure slowed the retrofitting of most buildings. There
were no reports of discrimination in the workplace.
National/Racial/Ethnic Minorities.--The law provides for equal
rights for all minority citizens and bars discrimination against them.
Nonetheless, 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, notably those in remote locations,
believed 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. Residual,
small, scattered pockets of insurgents and their families remained in
remote jungle areas. The government continued to reduce its efforts to
combat them actively and continued to offer ``amnesty'' to insurgents
who surrender, but because of their past activities, amnestied
insurgents continued to be the focus of official suspicion and
scrutiny. The government continued to refuse most international
community offers to assist surrendered insurgents directly but allowed
some aid from the U.N. 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 based on sexual orientation or gender identity, but
there was also no official discrimination based on either factor
reported during the year. Within lowland Lao society, despite wide and
growing tolerance of lesbian, gay, bisexual, and transgender persons,
societal discrimination in employment and housing persisted, and there
were no governmental efforts to address it. Reports indicated that
lesbians faced greater societal stigma and discrimination than gay men.
Other Societal Violence or Discrimination.--There was no societal
violence or 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. Freedom of Association and the Right to Collective Bargaining.--
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, 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. The law does not prohibit strikes.
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
federation representatives, with final authority residing in the
Ministry of Labor and Social Welfare.
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.
The government's bans on subversive activities or destabilizing
demonstrations and its failure to provide the means to call a strike
made strikes extremely unlikely, and no strike was reported during the
year.
The ministry generally did not enforce the dispute-resolution law,
especially in dealings with joint ventures in the private sector. Labor
disputes reportedly were infrequent. According to labor activists, the
federation needed government permission to enter factories and had to
provide advance notice of such visits, thereby rendering it powerless
to protect workers who filed complaints. Workplace committees were used
for resolving complaints, but there was no information on how effective
these committees were in practice.
b. Prohibition of Forced or Compulsory Labor.--The law prohibits
all forms of forced or compulsory labor, except in time of war or
national disaster. However, due to a limited number of inspectors and
resources, the government did not effectively enforce these laws.
Forced labor, including forced child labor (see section 7.c.),
reportedly occurred in the agriculture industry, particularly on rubber
plantations.
Also see the Department of State's Trafficking in Persons Report at
http://state.gov/j/tip.
c. Prohibition of Child Labor and Minimum Age for Employment.--The
law allows for children between the ages of 14 and 18 to work up to
eight hours per day, provided such work is not dangerous or difficult.
There were no known reports of children working in hazardous
environments. The ministries of public security and justice, and labor
and social welfare, 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.
Forced labor of Lao boys allegedly occurred in the agricultural sector,
for example, on rubber plantations.
On June 10, the Ministry of Labor and Social Welfare cooperated
with the International Labor Organization to mark the World Day Against
Child Labor by holding a seminar to raise awareness of child labor
issues among government officials and workers' and employers'
organizations.
d. Acceptable Conditions of Work.--The government sets wages and
salaries for government employees; management sets wages and salaries
for private business employees. The Ministry of Labor and Social
Welfare determines the minimum wage but has no regular schedule or
transparent process for doing so. On November 23, the government passed
a decree increasing the monthly minimum wage for private sector workers
from 348,000 to 626,000 kip (approximately $42 to $75). Additionally,
employers were required to pay an 8,500-kip ($1) meal allowance per
day. The National Assembly, in consultation with the Ministry of
Finance, last increased the minimum wage for civil servants and state
enterprise employees to 405,000 kip ($49) per month in 2008. The
government set the national poverty line at an average income of
192,000 kip ($23) per person per month. 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. By law the government determines public holidays. Workers
employed under an employment contract for an indefinite period or for a
period of more than one year and who have worked for one full year are
entitled to 15 days' annual leave. Workers in sectors involving heavy
work or work that is hazardous to health, as specified in the law, are
entitled to 18 days' annual leave with full pay at the normal rate.
The law provides for safe working conditions and higher
compensation for dangerous work. The law has no specific provision
allowing workers to remove themselves from a dangerous situation
without jeopardizing their employment. 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 Ministry of Labor and Social Welfare is responsible for
workplace inspections, and its Labor Inspection Division estimated that
there were approximately 40 inspectors in the country, but a lack of
personnel and budgetary resources precluded effective law enforcement.
Officials undertook unannounced inspections when notified of a
violation of safe working standards, and employers were given three to
six months to address violations before being fined. The Inspection
Division confirmed that 142 workplace accidents and seven fatalities
occurred in 2010.
There were a number of undocumented immigrants in Laos,
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. The law
sets the percentage of foreign laborers allowed to be hired by a
company operating in the country and requires approval of foreign
workers, but it does not provide specific work-condition protections
for them. The Ministry of Labor and Social Welfare estimated in October
2010 that approximately 250,000 foreigners were working in the country.
__________
MALAYSIA
executive summary
Malaysia is a federal constitutional monarchy. 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 2008, were conducted in a
generally transparent manner and witnessed significant opposition
gains. In 2009 Najib Tun Razak was sworn in as prime minister. Security
forces reported to civilian authorities.
The most significant human rights problems were restrictions on
freedom of speech, assembly, and association; restrictions on the
rights of migrants, including migrant workers and refugees; and the
persistence of laws that allow detention without trial.
Other human rights problems included some deaths during police
apprehensions and while in police custody; caning as a form of
punishment imposed by criminal and sharia courts; restrictions on
freedom of press and religion; obstacles preventing opposition parties
from competing on equal terms with the ruling coalition; and violence
and discrimination against women. Longstanding government policies gave
preferences to ethnic Malays in many areas. There were restrictions on
union and collective-bargaining activity, and various practices
continued to create vulnerabilities to child labor and forced labor,
especially for migrant workers. The government continued to pursue the
prosecution of the leader of the parliamentary opposition on sodomy
charges.
The government took steps to prosecute officials engaged in
corruption and human rights abuses, although some degree of impunity
existed.
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. One nongovernmental organization (NGO) asserted that 20
individuals had been killed in police shootings between February and
November. This reflects a downward trend from previous years; local
media reported that police killed 35 and 108 persons while apprehending
them in 2010 and 2009, respectively. State-influenced print media used
a consistent narrative to describe these encounters: the suspect was
stopped by police, then tried to attack police; the police killed
suspect in self-defense, and evidence of criminal activity was found on
the suspect's body. Local human rights groups suggested this pattern
was used to justify deaths, usually of ethnic minorities, in police
custody.
On April 29, police shot and killed three persons, believed to be
foreigners, at a palm oil estate in Maran Jengka. According to the
police account, they spotted and pursued a stolen car. The car skidded
and hit a tree; rather than surrendering when ordered by the police,
the suspects ran towards the policemen wielding machetes, and the
police shot them.
On April 6, Selangor Customs Officer Ahmad Sarbaini Mohamed was
found dead on the first-floor badminton court of the Malaysia
Anticorruption Commission (MACC) office. Sarbaini had been called in by
MACC in connection with investigations into corruption cases involving
customs officers. On September 26, the coroner's court ruled that the
death was accidental and the result of a ``misadventure.'' The coroner
speculated that Sarbaini was worried that he would be arrested, tried
to exit via the window, lost his footing on the ledge, and fell to his
death.
On September 15, police officer Jenain Subi was found guilty of
culpable homicide not amounting to murder and was sentenced to five
years in jail for the April 2010 fatal shooting of 14-year-old
Aminulrasyid Amzah, an ethnic Malay boy. Police had alleged that after
a high-speed chase, Amzah placed his car into reverse and was
attempting to run over the officers when they drew their weapons and
fired.
On June 9, a lawyer for the families of three youths whom the
police shot dead in November 2010 presented a report of the postmortem
examinations on two of the youths. The report indicated that they were
shot at close range and that at least one of them was shot in the
forehead at a 45-degree angle, suggesting that he was kneeling when he
was shot.
On January 28, the Petaling Jaya Selangor Sessions Court acquitted
police constable Navindran Vivekanandan of the charge of causing
grievous hurt in the January 2009 death of Kugan Ananthan, an ethnic
Indian in police detention, on the basis that the prosecution had
failed to establish a prima facie case against the accused.
On July 21, the Royal Commission of Inquiry (RCI), established to
investigate the 2009 death of Teoh Beng Hock from a fall in the MACC
building, issued its conclusion that Teoh was driven to commit suicide
following intense interrogation by three MACC officers. A coalition of
more than 100 NGOs issued a statement criticizing the report for not
addressing the interrogation methods used by MACC. On August 24, Teoh
Beng Hock's brother filed a judicial review application to nullify the
RCI's findings. At year's end the attorney general had not taken action
against the implicated MACC officers.
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. In contrast to
prior years, there were no reports of beatings and mistreatment by the
nonprofessional People's Volunteer Corps (RELA) and immigration
officials in immigration detention centers (IDCs). IDCs continued to be
administered by the Immigration Department with RELA providing
perimeter security.
On September 21, lorry driver B. Prabakar and crane operator C.
Soloman Raj filed suit against the police and the government, alleging
that following their 2008 arrest they were tortured during
interrogation. They claimed policemen beat them with a rubber hose,
splashed hot water onto their bodies, and kicked and stepped on them.
B. Prabakar also said he was ``hung'' on a ceiling fan with a rope and
forced to admit to various criminal offenses.
At year's end, the criminal case against former air force sergeant
N. Tharmedran for allegedly conspiring to steal two jet engines, and
his police report alleging that in 2010 he was tortured into confessing
to the crime while in military detention, remained pending.
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. More than 60 offenses are subject to
caning, and 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 between the ages of 10 and 18 may be given
up to 10 strokes of a ``light cane.'' Statistics on caning were
published only sporadically, but in a March statement in Parliament the
government revealed that between 2005 and 2010 it had caned 29,759
foreigners for various immigration offenses. In its 2010 publication, A
Blow to Humanity--Torture by Caning in Malaysia, Amnesty International
estimated that the government canes as many as 10,000 prisoners a year.
Some states' Sharia--laws that exist under Islam with respect to
certain family law matters and crimes under Islam but apply only to
Muslims--also prescribe caning. Although federal law exempts all women
from caning, there are no exemptions for women under Sharia, and the
national courts have not resolved issues involving conflicts between
the constitution, the penal code, and Sharia. 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.
Prison and Detention Center Conditions.--Prison overcrowding,
particularly in facilities near major cities, remained a serious
problem. In mid-2010 the national prison administration reported that
the country's 31 prisons held 38,387 prisoners in locations designed to
hold 32,600. According to the International Centre for Prison Studies,
in mid 2010 women made up 6.6 percent and juveniles 2.2 percent of the
total prison population. Generally, men were held separate from women,
juveniles separate from adults, and pretrial detainees separate from
convicted prisoners. Conditions for women in prison were not
significantly different than for men. Individuals detained for reasons
of national security did not face significantly different conditions
from those of the general 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 these conditions and lack of medical screening
and treatment facilitated the spread of disease. The government allowed
local NGOs to visit IDCs from time to time; during the year local NGOs
with mobile medical clinics were able to visit the IDCs at the Kuala
Lumpur International Airport and at Lenggeng, Negeri Sembilan, once
every two weeks. One prominent NGO that visited IDCs during the year
noted that although there had been some improvement in physical
facilities, it did not see any improvement in the treatment of
detainees. The NGO further observed that the IDCs could get quite
crowded at certain times, such as immediately following a raid. An
international NGO that advocates for refugees reported that unsanitary,
overcrowded detention facilities with no air conditioning, inadequate
clothing and food, and little access to medical care all contributed to
continued deaths in IDCs.
In August 2010 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
address the problem at IDCs and upgrade IDC standard operating
procedures. Although the Ministry of Home Affairs occasionally asks a
third party such as the Human Rights Commission of Malaysia (SUHAKAM)
to conduct checks on conditions in IDCs, there were no reports on any
activities of the five-agency committee.
On August 11, a former pretrial detainee, Ahmad Syaugey Abdul
Ghani, lodged a report with SUHAKAM alleging human rights abuses during
his two-week detention at Pengkala Chepa Prison, Kelantan. Ahmad
claimed that between June 23 and July 5, he and 113 other prisoners
were forced to strip naked in stages, with 10 to 20 prisoners being
forced to strip at a time, in front of the other prisoners. Ahmad
alleged that prisoners were told to defecate in front of other
prisoners while they were caned on their feet as punishment for
``wrongdoing.'' Ahmad was arrested on June 20 under the penal code for
obstructing a public officer and behaving indecently in a police
station. His trial was pending.
Death of prisoners while in prison or detention occurred. Based on
statistics disclosed by the Home Ministry in March, a total of 156
persons died in police custody between 2000 and February 2011. A local
NGO reported nine deaths in custody during the year, an increase from
four in 2010. Home Minister Hishammuddin Hussein, in a written reply to
a member of Parliament (MP), stated that a total of 10 deaths in police
custody were recorded in the first half of the year but asserted that
most deaths were caused by disease.
On January 7, M. Krishnan, 37, was found dead in the Bukit Jalil
police lock-up. Police said the death was due to an ulcer. His wife
claimed he had been tortured to death and had bruises on his back and
his right eye, and an open cut on his right abdomen. She lodged a
report at Sentul district police headquarters, asking that a second
autopsy be conducted. The police ultimately agreed, and the autopsy
confirmed the police's claim that the death was due to an ulcer.
On September 27, the High Court ordered the government and the
Penor prison director to pay RM590,900 (approximately $186,000) in
damages to the family of an 18-year-old youth who died at the prison
six years ago following an assault by 10 prison employees.
On April 5, 109 irregular immigrants, dissatisfied with cramped
living conditions, the food, and long detention periods, fled a
detention camp in Negeri Sembilan after they burned down a dormitory
block. Police recaptured 39 of them.
Prisoners and detainees are allowed visitors during specified
visiting hours, and, provided the religious practices were not derived
from one of the sects of Islam that the government considers
``deviant,'' there were no problems with religious observance. The
Prisons Act does not provide a process for prisoners to submit
complaints to judicial authorities. It allows 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. Communications
between an attorney and his or her client are generally treated as
private and confidential under the 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. Prisons provided potable water. Although there is
no prison ombudsman, SUHAKAM serves as the government's de facto
ombudsman, investigating human rights abuses, including those alleged
to have taken place within the prison system. Prison and other
officials did not take any noteworthy steps to improve recordkeeping,
implement alternatives to sentencing for nonviolent offenders, or make
significant improvements to prison conditions or administration during
the year.
The U.N. 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 2009 IDCs
scheduled UNHCR visits to interview some unregistered potential
refugees. Through these interviews, the UNHCR secured the release of
1,351 refugees from IDCs from January to August.
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 Internal Security Act (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. In September
Prime Minister Najib announced that the ISA and related emergency
ordinances would be abolished and replaced by new legislation that
would take into consideration the rights and freedoms in the
constitution. A vigorous public debate on matters of arbitrary arrest
and detention took place through the rest of the year. On November 24,
Parliament passed a motion to revoke three 40-year-old emergency
proclamations; Prime Minister Najib had said that the emergency
situations that had threatened security, economic life, or public order
no longer existed. The constitution provides that all laws passed
pursuant to the proclamations of emergency expire six months after the
emergency proclamations are lifted. Foremost among these is the
Emergency Ordinance, which is one of several laws that allow for
indefinite detention without 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 Malaysia Department of Islamic
Development (JAKIM) enforces Sharia, which applies only to Muslims.
JAKIM sometimes receives assistance from the RMP when conducting raids.
State-level Islamic religious enforcement officers also have the
authority to accompany police on raids of private premises as well as
public establishments to enforce Sharia, including violations such as
indecent dress, alcohol consumption, or close proximity to members of
the opposite sex. Religious authorities at the state level administer
Sharia through Islamic courts and have jurisdiction over all Muslims.
Sharia and the degree of their enforcement vary by state, and the
penalties imposed by Sharia courts are limited under the law.
RELA has authority to check travel documents and immigration
permits of foreigners, conduct raids, detain and interrogate suspects,
and conduct other security activities. Since 2009 the government has
reduced RELA's involvement and authority in immigration matters.
However, after the August 2010 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. On June 25, the RELA director general announced that RELA had
halted all enforcement operations against undocumented foreign workers
unless invited by the police or immigration department.
In August RELA membership reached 2,690,000 members, an increase of
more than half a million since 2010. 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. In December 2010 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 of
refugee settlements. However, such reports were fewer than in previous
years.
On March 1, police arrested a RELA member and three others in
connection with a February 27 robbery and rape case. According to
police the RELA member had lent a pair of handcuffs to two other
suspects who had used it to impersonate policemen. The suspects
allegedly abducted a woman and drove her to a hotel where they took
turns raping her before robbing her of her cash and valuables. There
were no known further developments in the case during the year.
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.
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 criminal and 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.
The police training center continued to include human rights
awareness training in its courses. SUHAKAM conducted human rights
training and workshops for police, prison officials, and RELA several
times during the year.
On September 22, the Kuala Lumpur High Court ordered Nadzri Ahmad
and the inspector general of police to pay Johari Kasman RM900,000
($284,000) in damages. In 2004 Johari was shot in the back by police
and became paralyzed from the waist down. The judge ruled that there
was no justification for shooting an unarmed person in the back.
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, local NGOs reported that a
police practice of releasing suspects and then quickly rearresting them
and holding them in investigative custody 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.
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.
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. NGOs continued to
speak out against a perceived police mentality of ``arrest first,
investigate later.'' 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.
Arbitrary Arrest.--Four preventive detention laws permit the
government to detain suspects without normal judicial review or filing
formal charges: the ISA, Emergency (Public Order and Prevention of
Crime) Ordinance, Dangerous Drugs (Special Preventive Measures) Act,
and 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. An NGO
that follows treatment of detainees reported that they received no
complaints of mistreatment of ISA detainees.
Even when there are no formal charges, the ISA requires that
authorities inform detainees of the accusations against them and
permits 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.
On August 2, Home Minister Hishammuddin announced the release of
eight Immigration Department officers who had been held under the ISA
since October 2010 for alleged connections with human trafficking or
migrant smuggling activities. The minister said the detainees showed
remorse for the mistakes they had made and had repented.
Almost 4,500 people were detained under the ISA from 2000 to 2010.
On June 5, police arrested Abdul Haris Syuhadi for allegedly recruiting
for the terrorist organization Jemaah Islamiya. Between November 14 and
16, 13 alleged members of Darul Islam, a forerunner of Jemaah Islamiya,
were arrested under the ISA. A credible NGO reported 26 arrests and 20
releases under the ISA during the year. According to the home minister,
as of November 9, 37 individuals remained in detention under the ISA,
plus 13 individuals being held in solitary confinement under the first
60 days of detention. Reasons given for the detentions included alleged
links to terror organizations, document forgery, and involvement in
human smuggling syndicates.
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.'' On
September 11, the RMP Vice, Gambling and Secret Societies Unit reported
that 722 people were detained under the EO from January to August,
including 10 women.
On June 26, 31 members of opposition political party Parti Sosialis
Malaysia (PSM) on their way to Penang were arrested at a roadblock on
suspicion of spreading communism and conspiring to overthrow the
government. One of them, a teenager, was released that day. On July 2,
police released the 30 remaining detainees but rearrested six,
including MP Michael Jeyakumar Devaraj; all were then held under the EO
until their release on July 29. On August 3, the Penang Sessions Court
charged the six PSM activists under section 43 of the Societies Act and
section 29 of the Internal Security Act with the possession of
allegedly subversive documents. The judge released them on bail. At the
hearing on October 10, the police withdrew all charges against the 30.
The Dangerous Drugs Act gives 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
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. The review process, however,
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. The government detained 751 persons under the preventive
detention provisions of the act during the year. Deputy Home Minister
Abu Seman Yusop reported that 92,861 people were arrested from January
to October for drug-related offences. In 2010, 157,756 people were
detained under various antinarcotics laws, an increase from 125,620 in
2009.
The Restricted Residence Act allowed the home affairs minister to
order the arrest and detention of any person or to place individuals
under restricted residence away from their homes for an initial period
not to exceed five years, then renewable annually. These persons may
not leave the residential district assigned to them, and they must
present themselves to police on a daily basis. The minister was
authorized to issue the restricted residence orders without any
judicial or administrative hearings. For most of the year, the
government continued to justify the act as a necessary tool to remove
suspects from the area where undesirable activities were being
conducted; however, the act was repealed on December 30. On October 5,
Prime Minister Najib announced in Parliament that the home minister
would free 125 detainees and cancel 200 warrants of those arrested
under the Restricted Residence Act.
On September 15, Prime Minister Najib announced the government's
intention to repeal and replace the ISA and the EO with new legislation
designed to prevent subversive acts, counter terrorist threats, and
preserve public order and safety. The Bar Council and several human
rights NGOs have called repeatedly over the years for the repeal of
such laws and the ISA in particular, which does not allow judicial
review of ISA decisions in any court except for issues of compliance
with procedural requirements. The repeal of the ISA and the enactment
of any replacement laws requires an act of Parliament, expected in
early 2012.
Pretrial Detention.--Crowded and understaffed courts often resulted
in lengthy pretrial detention, sometimes lasting several years. The
International Center for Prison Studies reported that as of mid-2010
pretrial detainees made up 27.3 percent of the total prisoner
population. On March 6, then chief justice Zaki Azmi announced that the
number of criminal cases waiting to be heard at the High Courts had
been reduced 22 percent. The sessions courts' backlog of civil cases
was reduced by 46.5 percent and criminal cases by 12 percent. The
magistrates courts backlog of civil cases was reduced by 57 percent and
criminal cases by 56 percent. The government increased its use of plea
bargaining during the year as a means of reducing case backlogs. In
September Prime Minister Najib stated that from 2009 to 2011 the
judiciary reduced its backlog of cases by 90 percent.
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.
On September 13, the Federal Court ruled that the findings of a
Royal Commission of Inquiry (RCI) in a judge-fixing scandal were not
reviewable. The RCI was originally formed in 2002 to investigate a
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. The RCI
released its findings in 2008, stating that it had 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 2009 in a written reply to opposition
Democratic Action Party MP 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. In 2010 Lingam, along with Eusoff Chin and Ahmad Fairuz
appealed--first to the Appeals Court and then to the Federal Court--the
High Court's 2008 decision denying them permission to appeal the
findings of the RCI.
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.
Anwar's trial began in February 2010, with his former aide and
alleged victim, Saiful Bukhari, taking the stand as the prosecution's
first witness. On May 16, the High Court ruled that the prosecution had
proven a prima facie case against him and ordered Anwar to enter his
defense. On August 22, Anwar started his defense by delivering a
statement ``from the dock.'' The trial concluded on December 15, and a
verdict was expected early in 2012. 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. Defendants are
presumed innocent until proven guilty. 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 confronted witnesses against them
and presented witnesses and evidence on their behalf, although judges
sometimes disallowed witness testimony. 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. Government-held evidence was not consistently made
available. Attorneys must apply for a court order to obtain documents
covered under the Official Secrets Act. Defendants may appeal court
decisions to higher courts, but 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.
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 government and
government officials can be sued in court for alleged violations of
human rights. 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
increasingly encouraged the use of mediation and arbitration to speed
settlements.
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 February 14, the Selangor and Kuala Lumpur state religious
departments detained 88 Muslims suspected of khalwat (close proximity
to a member of the opposite sex) during a Valentine's Day operation.
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 surreptitious 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.
Until it was officially repealed on December 30, the Restricted
Residence Act permitted the Home Ministry to place criminal suspects
under restricted residence in remote districts away from their homes
for an initial period of up to five years, renewable on an annual basis
thereafter.
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.--Status of Freedom of Speech and
Press.--The constitution provides for freedom of speech and press;
however, in practice the government restricted freedom of expression
and intimidated journalists into practicing self-censorship. Government
representatives cited protection of national security, public order,
and friendly relations with other countries as reasons for the
imposition of restrictions on the media.
Freedom of Speech.--The law provides that legislation ``in the
interest of security (or) public order'' may restrict freedom of
speech. The election law makes it an offense for a candidate to
``promote feelings of ill will, discontent, or hostility.'' Violators
could be disqualified from running for office. The Sedition Act
prohibits public comment on issues defined as sensitive, such as racial
and religious matters. The government used the ISA, Sedition Act,
Official Secrets Act, Universities and University Colleges Act,
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
and in online media. However, on some occasions the government
retaliated against those who criticized it.
Freedom of Press.--The government banned some foreign newspapers
and magazines and occasionally censored foreign magazines or
newspapers, most often for sexual content. The government exerted
control over news content, both in print and broadcast media, required
the annual renewal of publishing permits, punished publishers of
``malicious news,'' and banned, restricted, and limited circulation of
publications believed to threaten public order, morality, or national
security.
Parties in the ruling coalition owned or controlled a majority of
shares in two of the three major English and most 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.
Violence and Harassment.--Journalists were subject to harassment
and intimidation due to their reporting. For example, there were
reports of two journalists being threatened with physical violence by
supporters of the proposed Lynas rare earth plant in Kuantan, and on
August 3, police ordered a journalist with the online newsportal
Malaysiakini to surrender his notebook to them.
Censorship or Content Restrictions.--The government continued to
censor the media. This was done directly and indirectly by controlling
news content; requiring the annual renewal of publishing permits;
making publication of ``malicious news'' a punishable offense;
empowering the home affairs minister to ban or restrict publications
believed to threaten public order, morality, or national security; and
limiting circulation to an organization's members only. A permit is
required to own a printing press. The Printing Presses and Publications
Act also prohibits court challenges to suspension or revocation of
publication permits. As a result printers often were reluctant to print
publications that were critical of the government for fear of reprisal.
Such policies, together with antidefamation laws, inhibited independent
or investigative journalism and resulted in extensive self censorship.
On May 3, Utusan Melayu Corporation sacked one of Utusan Malaysia's
senior editors and president of the National Union of Journalists, Hata
Wahari, for issuing statements against the terms of employment. Hata
was alleged to have incited racial dissent through his assertion in his
October 2010 interview with Malaysiakini that Utusan was not relevant.
He criticized Utusan Malaysia's lack of independence and stated that
many of the country's media were too close to the government.
On July 1, Malaysiakini reported that the Malaysia Communications
and Multimedia Commission (MCMC), which oversees all private television
and radio stations, had advised electronic media and telecommunications
operators in their news coverage to refer to the July 9 Bersih 2.0
rally as an illegal gathering. MCMC reportedly gave the directive to 22
media representatives who were invited to a seminar on June 30.
Malaysiakini reported that MCMC, who organized the seminar, told
editors that the news should highlight the difficulties and
inconvenience the rally caused the public, as well as scenes of public
property being vandalized and massive traffic congestion. MCMC also
issued a warning that it would shut down Web sites deemed a threat to
national security, including those promoting the Bersih 2.0 rally, and
would not hesitate to take action against any Web site for breaching
the MCMC Act.
According to the government, censorship provisions ensured that the
media did not disseminate ``distorted news'' and were necessary to
preserve harmony and promote peaceful coexistence in a multiracial
country. Despite these restrictions 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. English-, Malay-, and Chinese-language
press sometimes provided alternative views on sensitive issues, as did
online media and bloggers.
On September 23, The Malaysian Insider reported that a public
service announcement video promoting the right to vote had been taken
off the air at the direction of MCMC because the video featured some
opposition leaders, as well as a prominent senior politician speaking
about the country having problems. On July 19, the Home Ministry
blacked out portions of an article in The Economist covering the July 9
election reform rally and the related arrest of 1,600 people. The
Publications Control and Qur'anic Text Division stated that the
article, published on July 14, contained incorrect statements that
could mislead readers.
Radio and television stations were as restricted as the print media
and were predominantly supportive of the government. News about the
opposition was restricted and slanted. During the April Sarawak state
elections, the mainstream media did not provide proportionate coverage
of opposition candidates. Television stations censored programming in
line with government guidelines. 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.
Libel Laws/National Security.--The Defamation Act governs civil
defamation disputes and sections of the penal code govern criminal
defamation. Criminal defamation is punishable by a maximum of two years
in jail, a fine, or both. On July 19, a High Court judge ordered
political blogger Amizudin Ahmat to pay RM300,000 ($95,000) in damages,
plus costs, in a defamation suit brought by Minister of Information,
Communications and Culture Rais Yatim over a blog entry that suggested
that Rais had raped his Indonesian maid. Amizudin filed an appeal on
August 1. In February Malaysia's most famous blogger, Raja Petra
Kamarudin, was found guilty of defaming senior lawyer Seri Muhammad
Shafee Abdullah over three articles posted on his Web site Malaysia
Today. Damages had not been decided because Raja Petra went into self-
imposed exile when the charges were first brought against him in 2008.
Publishing Restrictions.--The Printing Presses and Publications Act
requires domestic and foreign publishers to apply annually to the
government for a permit and empowers the home affairs minister to ban
or restrict publications believed to threaten public order, morality,
or national security. Although judicial review may be sought for a
banned book, the suspension or revocation of publication permits are
not subject to judicial review. During the year the ministry continued
to review, censor, and confiscate many foreign publications.
The Home Ministry banned one new book during the year, down from 25
in 2010. On August 2, a Home Ministry prohibitory order banned the
publishing of Islam: Evil in the Name of God, by Jake Neuman, stating
that it is ``the evil effort of certain quarters to sow hatred and
negative sentiments against Islam among non-Muslims.'' The Home
Ministry maintains a list of 1,511 titles banned since 1971.
Internet Freedom.--The government for the most part maintained a
policy of open and free access to the Internet. Individuals and groups
could engage in the expression of views via the Internet, including by
e-mail. On February 12, Prime Minister Najib reiterated the
government's stand that it would not resort to Internet censorship.
In September 2010 the Home Ministry revealed that a government task
force consisting of police, Internet regulators, the Ministry of
Information, and the Attorney General's Chambers was monitoring the
Internet for blog postings deemed harmful to national unity and would
take action against those trying to stoke racial tensions. 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. A second task force
existed to investigate complaints about possible threats to national
security and unity. The government continued to warn Internet operators
to avoid offensive or indecent content, or sensitive matters such as
religion and race.
On May 30, MCMC sent a letter to all Internet service providers,
ordering them to block 10 prominent file-sharing Web sites because of
alleged breaches of the Copyright Act.
Criminal defamation laws and the existence of preventive detention
laws led to some self-censorship from local Internet content sources
such as bloggers, Internet news providers, and NGO activists.
On April 15, a prominent NGO reported that many opposition and news
Web sites fell victim to ``denial of service'' attacks in the period
prior to the April 16 election in Sarawak. Inaccessible sites included
Sarawak Report, Radio Free Sarawak, Dayak Baru Blog, and Malaysiakini,
whose Twitter account was suspended. Malaysiakini reported that it was
the victim of a limited, two-day denial of service attack over the July
9 electoral reform rally weekend.
The Communications and Multimedia Act requires certain Internet and
other network service providers to obtain a license. Previously the
government stated that it did not intend to impose controls on Internet
use but that it would punish the ``misuse'' of information technology.
The act permits punishment of the owner of a Web site or blog for
allowing content of a racial, religious, or political nature that a
court deems offensive.
On March 15, the Petaling Jaya Sessions Court issued a discharge
not amounting to acquittal to blogger Irwan Abdul Rahman, who had been
charged in September 2010 under the Communication and Multimedia Act
for ``creating and spreading lies with the malicious intent to hurt
others.'' Irwan had posted a satire stating that the National Electric
Company 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.
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. Self-censorship took place among academics at private
institutions as well, spurred by fears that the government might revoke
the licenses of their institutions. The law also imposes limitations on
student associations and on student and faculty political activity.
The government has long stated that students should be apolitical,
and students are forbidden by law from being members of a political
party. On that basis the government denied 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 July 30, four National University of Malaysia students, known as
the ``UKM4,'' were acquitted of disciplinary charges under the
University and University Colleges Act (UUCA), which provides that no
student ``shall express or do anything which may reasonably be
construed as expressing support for or sympathy with or opposition to
any political party, whether in or outside Malaysia.'' They had been
brought before a disciplinary panel in 2010 because police and
university officials found packages of political fliers in the vehicle
in which they were traveling. The Court of Appeal also found some
provisions of the UUCA unconstitutional (see section 2.b.).
In the past the government censored and banned films for profanity,
nudity, sex, violence, and certain political and religious content.
Films in Hebrew, Yiddish, or from Israel are not allowed to be shown in
cinemas. During the year 21 films were censored mostly for reasons of
sex, nudity, brutality, and violence, but no particular films were
banned. The high cost of producing an edited version of 3D movies led
to some of them not being shown at all. 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.
In October the lesbian, gay, bisexual and transgender (LGBT) rights
group Seksualiti Merdeka was forbidden from holding its annual arts
festival because of protest by government officials and religious
leaders. Deputy Prime Minister Muhyiddin Yassin called the event
inappropriate and ``a waste of time.'' Media censorship rules forbid
movies and songs that promote acceptance of LGBT persons.
In June the youth wing of the opposition Pan-Malaysian Islamic
Party (PAS) sent a memorandum to the office of the Selangor chief
minister, calling for a ban on an internationally sponsored music
concert to be held in Shah Alam, a city in opposition-controlled
Selangor. PAS Youth Chief Nasaruddin Tantawi said such concerts
promoted a negative culture as men and women mixed freely. The concert
took place as scheduled under preagreed guidelines. During the concert
PAS Youth distributed 5,000 pamphlets urging youths to refrain from
immoral behavior. In past years the youth wing of PAS protested against
singers and groups it considered obscene and not in accordance with
Islamic values. The government responded in the past 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. In July the Kedah government announced a ban on the
operation of entertainment outlets during the Ramadan month but later
retracted the ban for non-Muslims. The state government also maintained
a blanket ban on rock, reggae, pop, and dangdut (an Indonesian style of
music) concerts that it first imposed in 2008, claiming such types of
music could have a ``negative impact'' on youth.
b. Freedom of Peaceful Assembly and Association.--The constitution
provides for freedom of assembly and association but allows
restrictions deemed necessary or expedient in the interest of security,
public order, or (in the case of association) morality.
Freedom of Assembly.--The constitution states that all citizens
have ``the right to assemble peaceably and without arms''; however, the
government placed significant restrictions on this right through use of
the Public Order Ordinance and the Police Act. The ordinance restricts
public assemblies that could damage security and public order, while
the act requires police permits for all public assemblies except for
workers on picket lines. The act defines a public assembly as a
gathering of five or more persons.
The decision to grant a permit rests with the district police
chief; however, senior police officials and political leaders
influenced the granting or denial of some permits. Police granted
permits routinely to government and ruling coalition supporters but
used a more restrictive approach with government critics, opposition
parties, NGOs, and human rights activists.
On December 21, the upper house of Parliament passed a contentious
Peaceful Assembly Act that had been passed on November 29 by the lower
house of Parliament. The law, set to take effect upon official
publication sometime in 2012, eliminates the need to apply for police
permits, but it also bans street protests, does not allow for peaceful
assembly by noncitizens and minors (under 15), and restricts where and
when assemblies can be held. MPs from the opposition coalition, Pakatan
Rakyat, walked out in protest before the vote on the bill. A variety of
NGOs staged protests against the new law.
Police took preemptive action to disrupt a planned February 27
protest organized by the Human Rights Party (HRP), an ethnic Indian
rights group, against the controversial novel Interlok, which the HRP
claimed contains racial slurs. The police denied HRP's application to
hold the demonstration and detained 109 persons in connection with the
rally, some preemptively. Most of the 109 were released the same day,
but eight were held overnight and released on bail the next day without
being charged.
On May 26, Bersih, an electoral reform advocacy group, announced
plans for a gathering on July 9 to press for electoral reforms. In
response Home Minister Hishammuddin stated the government's position
that the rally was ``illegal,'' urged sponsors to call it off, and
promised to clamp down on demonstrators if they threatened national
security. The government also prohibited the wearing and distribution
of Bersih's yellow shirts and declared Bersih an illegal organization
under the Societies Act. Bersih countered that as a coalition of 62
groups it need not be registered.
On June 30, police raided Bersih's office in Petaling Jaya, as well
as the office of an opposition MP, S. Manikavasagam. More than 150
people were detained in the weeks before July 9 for suspected
involvement in Bersih-related activities such as distributing leaflets;
most were released after questioning. On June 26, 30 PSM members were
arrested in Penang on suspicion of spreading communism and conspiring
to overthrow the government. Six members, including MP Michael
Jeyakumar Devaraj, were held under the Emergency Ordinance until their
release on July 29 (see section 1.d). On July 8, police released a list
of 91 individuals who were barred from entering Kuala Lumpur's central
business district on July 9.
The rally occurred on July 9. The police made arrests and broke up
crowds by using tear gas and chemically laced water cannons. Third
party observers estimated between 10,000 and 20,000 participants,
although police estimated only 6,000 and rally organizers claimed as
many as 50,000. Police confirmed 1,667 arrests, including 167 women and
minors. Most of the arrested, including lead organizer and former Bar
Council president Ambiga Sreenevasan, were freed by the end of the day.
Although the police generally did not resort to physical violence,
there were reports of minor injuries and one death, reportedly due to
heart complications.
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 continued to ban the Communist Party and its affiliated
organizations because they allegedly posed a national security threat,
and on August 4, the Registrar of Societies refused registration to the
HRP. On August 16, the High Court dismissed the HRP's appeal of the
decision. The government also has the power to revoke the registration
of an existing, registered society for violations of the act. Unlike in
prior years, the government did not use this power of revocation
against political opposition groups.
The UUCA 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
individuals affiliated with the ruling coalition also supported
reexamination of the act, but for most of the year the government
maintained that the act still was necessary. On October 31, the Court
of Appeals ruled that the section of the UUCA that disallows student
expressions of support, sympathy, or opposition to any political party
was unconstitutional. The government appealed the decision reportedly
because of its implications for the separation of powers. On November
24, Prime Minister Najib announced the government's intention to amend
the UUCA to relax restrictions on student involvement in politics while
continuing restrictions against politicians and political activity on
campus.
Some human rights and civil 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.
On August 3, approximately 30 officers from the Selangor Islamic
Department (JAIS) raided the Dream Centre Building at the Damansara
Utama Methodist Church in Petaling Jaya, Selangor, during an annual
thanksgiving dinner hosted by a private charitable organization,
Harapan Komuniti. Attendees included 100 persons from various racial
and ethnic backgrounds, including 12 Muslims. It was alleged that JAIS
raided the event without a warrant, after receiving a report of an
alleged attempt to proselytize Muslims (which is illegal). JAIS seized
the program sheets and questioned the dinner guests. The JAIS director,
Marzuki Hussin, clarified that the inspection was carried out under the
Sharia Criminal Enactment (Selangor) 1995 based on information that a
breaking-of-fast function would be held with a thanksgiving dinner in a
church. On August 15, the 12 Muslims who attended the event gave their
statements to JAIS and were told to appear at the Shah Alam Sharia
Court on October 19. On October 10, Selangor Sultan Sharafuddin Idris
Shah announced that legal action could not be taken against any party
because of lack of evidence. He added that the actions of JAIS were
correct and did not breach any law enforceable in Selangor, and that
the 12 Muslims would be subjected to counseling sessions by JAIS to
``restore their belief and faith.''
c. Freedom of Religion.--See the Department of State's
International Religious Freedom Report at http://state.gov/j/drl/irf/
rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution provides for freedom
of movement within the country, foreign travel, emigration, and
repatriation, and the government generally respected these rights in
practice, although there were some restrictions, particularly with
respect to the eastern states of Sabah and Sarawak. The government's
cooperation with the UNHCR improved during the year, and the UNHCR
reported greater access to government officials. The government
generally did not impede other humanitarian organizations in providing
protection and assistance to internally displaced persons, refugees,
returning refugees, asylum seekers, stateless persons, and other
persons of concern, with the notable exception of failing to allow the
UNHCR to assess the asylum claims of 11 ethnic Uighurs before they were
deported on August 18.
In-country Movement.--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, consistent with the agreement on Sabah and Sarawak becoming part
of Malaysia in 1963. On September 29, human rights activist and
Malaysian citizen Haris Ibrahim was denied entry into Sarawak. He and
other civil society activists previously had been barred from entering
the state in April during the Sarawak state election. The government
regulated the internal movement of provisionally released ISA
detainees. The government also used the Restricted Residence Act, which
was repealed on December 30, to limit movements of those suspected of
criminal activities.
Foreign Travel.--Citizens must apply for government permission to
travel to Israel.
Exile.--The constitution provides that no citizen may be banished
or excluded from the country. Nevertheless, two prominent citizens
remained in exile at year-end. Chin Peng, the former leader of the
communist insurgency, continued to live in Thailand because he was
either unable or unwilling to satisfy a court ruling compelling him to
show identification papers proving his citizenship. Dissident blogger
Raja Petra Kamarudin remained in self-exile in London, declaring he
would return to the country to face sedition charges when he was
assured he would not be detained under the ISA.
The Banishment Act, which provided for the banishment of
noncitizens and which had not been used for more than 30 years, was
repealed on December 30. The deportation of noncitizens continued to be
implemented under the Immigration Act.
Protection of Refugees.--Access to Asylum.--The country's laws do
not provide for the granting of asylum or refugee status, and the
government has not established a system for providing protection to
refugees. The government 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 the
UNHCR and did not deport individuals registered as refugees or persons
of concern by the UNHCR and being processed for resettlement to third
countries. The government occasionally reported potential persons of
concern to the UNHCR.
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 early 2010 the UNHCR conducted mobile
registrations in areas with high concentrations of refugees. As of
December 31, the UNHCR reported 96,691 persons as asylum seekers and
refugees, approximately 93 percent of whom were Burmese citizens with
Chin and Rohingya being most numerous, and sizeable groups of Kachin,
Karen, and Mon. According to the UNHCR, the country also hosted a
population of some 80,000 Filipinos in the province of Sabah, an
increase from an estimate of 60,000 in 2010, who are not recognized by
the UNHCR or the Malaysian government as refugees, but for whom the
government has assumed responsibility.
Nonrefoulement.--Beginning in 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 2009. Occasional
reports by refugees of needing to pay bribes to police to avoid
detention, despite carrying a UNHCR card, continued.
On August 18, the government deported to China 11 ethnic Uighur
individuals who had been denied access to the UNHCR, resulting in
strong condemnation from several human rights groups who feared the
Uighurs would be mistreated, tortured, or killed upon their return. The
government asserted that they were involved in a people-smuggling ring
and that China had requested their extradition. Three others, who had
applied for refugee status with the UNHCR, were charged with possession
of falsified documents, released on bail, and at year's end were
awaiting trial. Two others were released without being charged.
Refugee Abuse.--The government sometimes detained asylum seekers,
either in police lockups or in immigration detention centers, until an
asylum seeker's bona fides were established by the UNHCR. NGOs reported
that detention facilities were overcrowded, unsanitary, and lacked
adequate medical facilities (see section 1.c.). In 2010 eight people
died at the detention center at the Kuala Lumpur International Airport
after a bacterial outbreak due to rats' urine in the water supply. One
NGO reported that NGOs were allowed to visit only two of the eleven
detention centers in the country.
Unlike in previous years, there were no 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 were trafficked further. NGOs and
international organizations reported that since 2009, allegations of
abuse of power by RELA decreased. On June 25, RELA's newly appointed
director general, Datuk Mustafa Ibrahim, announced that RELA had halted
all enforcement operations against undocumented foreign workers unless
invited by immigration or law enforcement authorities.
According to local NGOs and international organizations, IDCs
allowed those with UNHCR documents access to the UNHCR while in
detention. Refugees with UNHCR cards occasionally were arrested during
raids conducted to arrest illegal migrants but were released after the
authorities were satisfied with the documents. Since 2009 the
authorities also provided the 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.
Employment.--Although they were not legally authorized to work, the
government typically did not interfere with registered refugees doing
odd jobs. During the year there were no official announcements
concerning deliberations about allowing refugees to work. The
government registered 2.3 million documented and undocumented foreign
workers under a ``6P'' migrant registration exercise that began August
23 and subsequently announced plans for a separate program for
registration of refugees, in cooperation with the UNHCR, scheduled to
be implemented in early 2012.
Access to Basic Services.--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. 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.
Stateless Persons.--Citizenship is derived from one's parents. The
citizenship of one or both of the parents, whether the parents are
legally married, and the ability to produce valid identification and
proof of citizenship are the key criteria for being able to pass
citizenship to a child. The UNHCR estimated that there were 40,000
stateless individuals in peninsular Malaysia alone, in addition to
approximately 83,000 refugees and 12,000 asylum seekers. The Philippine
government estimated that there were 30,000 children of undocumented
Filipino workers in Sabah.
Foreign women often may qualify for permanent resident (PR) status
after five years of marriage to a citizen (10 years for foreign men).
After two years of PR status, they would be eligible to apply for
citizenship. While awaiting PR status, foreign spouses of citizens are
usually granted visas to allow them an extended legal stay in the
country. A local advocacy group for migrant workers reported that in
the last five or six years, these processes have improved to include
shorter waiting times in the processing of PR petitions and visas.
Although nationality laws in the country are not overtly discriminatory
on the basis of gender, ethnicity, or religion, some unevenness in
application was evident. Refugees were at a particular disadvantage
because they often were unable to provide valid documentation to prove
citizenship in their countries of origin.
Women may pass their citizenship to their children born in
Malaysia, regardless of whether or not the child was born in wedlock,
but Malaysian men may pass their citizenship to their children only if
the child is born in wedlock. Children born abroad, in wedlock, to a
citizen father and a foreign or citizen mother can be registered as
Malaysian citizens. Children born abroad in wedlock to a citizen mother
and a foreign father traditionally have been considered to have
inherited the father's citizenship. In 2010 Home Minister Hishammuddin
announced that such children could be registered as citizens, provided
they meet certain requirements, but it was not clear whether this
updated procedure had been implemented.
Children born out of wedlock to foreign women are considered by
Malaysian authorities to have inherited their mother's citizenship.
Such births can be registered only upon production of valid proof of
citizenship. This creates a risk of statelessness because many foreign
women are unable to produce valid proof of citizenship, such as a
passport. According to the UNHCR, there are many cases in which
refugees or asylum seekers do not have valid proof of citizenship. In
these cases the child's citizenship is listed as ``unknown'' on his or
her birth certificate. The UNHCR did not have firm data for the number
of children affected by this issue but estimated that it was a
widespread problem among the population they served. These undocumented
children were not able to attend public schools or access other
services that require proof of identification or citizenship.
Some refugees and asylum seekers marry Malaysian men. Although
their children born in Malaysia are eligible for citizenship, the woman
may have trouble registering the marriage and subsequently the child's
citizenship because of inability to provide a valid passport or
identification document. Some observers indicated that children born to
Muslim refugees and asylum seekers often have an easier time receiving
citizenship than non-Muslim refugees and asylum seekers. For Muslim
marriages, a UNHCR document or other documentation may be accepted in
lieu of a passport.
A number of local NGOs and SUHAKAM were active on the issue of
stateless children, doing research, conducting workshops, and running
public awareness campaigns.
Individuals without proof of citizenship are not able to attend
schools, access government services such as reduced-cost health care,
or own property. Stateless individuals technically do not have a right
to work in the country, but many were able to find odd jobs. The UNHCR
may provide birth registration or other documentation in some cases.
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 ($3,160), or
both, and mandatory caning not to exceed six strokes.
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. The sizes of electoral districts vary, with
rural districts generally smaller in population than urban districts.
This has the effect of overrepresenting the rural vote, which
historically has predominantly supported the ruling coalition.
Elections and Political Participation.--Recent Elections.--In the
2008 national elections the opposition parties won 49 percent of the
popular vote, 82 of 222 parliamentary seats, 198 of 505 state assembly
seats, and control of five of the 13 state governments. The
opposition's electoral success for the first time since 1969 denied the
ruling coalition a two-thirds majority in Parliament and thereby
blocked the government's ability to amend the constitution at will.
These gains came despite the fact that opposition parties were unable
to compete on equal terms with the governing BN coalition, led by the
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. The opposition
parties won eight of 16 by-elections since the 2008 general election.
Bersih 2.0 (see section 2.b.) actively campaigned for electoral
reforms. Its principal demands included cleaning of the electoral roll,
reform of postal voting, use of indelible ink to reduce the problem of
``phantom'' voters, and a longer campaign period. A parliamentary
select committee on electoral reform was established effective October
3, and tabled an interim report on December 1. Among its ten
recommendations were the use of indelible ink, implementation of early
voting for security and armed forces personnel, extension of the postal
ballot to citizens living overseas, allowing out-of-district voting,
cleaning up the electoral roll, and strengthening the Election
Commission (EC) to ensure its independence. On December 19, EC Chairman
Abdul Aziz Mohd Yusof announced that the EC had agreed to implement
seven of the commission's ten recommendations before the next general
election, including the use of indelible ink. Bersih 2.0 welcomed the
announcement but also criticized it as being incomplete.
Political Parties.--Opposition parties were unable to compete on
equal terms with the governing BN coalition, which has held power at
the national level since 1957, and 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. News about
the opposition was restricted and reported in a biased fashion.
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 2008 national election
campaign; however, most observers concluded that they did not
substantially alter the results. During the year NGOs and opposition
party leaders continued to lodge 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, particularly between urban
and rural districts. The most recently publicized data (for the 2008
general election) showed that the Putra Jaya constituency had 6,606
voters, while in urban Kuala Lumpur the Seputih constituency had 76,891
voters. In Perak, Gopeng had 74,344 voters compared with Lenggong, with
23,223 voters. Each of these constituencies had one MP.
Over the years power increasingly has been concentrated in the
prime minister, and Parliament's function as a deliberative body has
deteriorated. Parliament rarely amended or rejected government-proposed
legislation and did not give legislation proposed by the opposition
serious consideration. Parliamentary procedures allow the speaker of
parliament to suspend members, establish restrictions on tabling
questions, edit written copies of members' speeches before delivery,
and severely restrict members' opportunities to question and debate
government policies. With the increased number of opposition MPs since
2008, government officials often faced sharp questioning in Parliament,
and the press reported in greater detail than in the past.
Under the Local Government Act, elections of public officials were
confined to state assemblies and the federal Parliament. The central
government has appointed all local and city officials since the 1969
race riots. Some politicians and NGO activists advocated reintroduction
of local government elections.
In prior years opposition figures in Parliament have been suspended
from Parliament from time to time for reasons such as making misleading
statements to Parliament and contempt occasioned by their opposition to
another's suspension.
Participation of Women and Minorities.--Women faced no legal limits
on participation in government and politics. As of December two of the
32 cabinet ministers were women. Women held 22 of the 222 seats in the
lower house and 13 of the 65 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 12 of the 29 ministerial posts and 21 of the 40
deputy minister positions.
Section 4. Official Corruption and Government Transparency
The law provides criminal penalties for official corruption;
however, the government did not implement the law effectively, and
officials often engaged in corrupt practices with impunity.
The media reported numerous cases of alleged official corruption,
and there was a broadly held perception of widespread corruption and
cronyism within the governing coalition and in government institutions.
On June 13, the newspaper The Star reported that MACC had arrested 442
people from April 2010 to March 2011 for attempts to bribe enforcement
officers. On August 23, MACC reported that it had arrested 46 people in
Penang from January to July, with 20 of those suspected of having
accepted bribes. On June 27, MACC reported that it had made 944 arrests
in 2010, representing an 88.8 percent increase over 2009.
On December 23, the High Court found Mohamed Khir Toyo, a former
UMNO chief minister of Selangor, guilty of graft for illegally
obtaining for himself and his wife two plots of land.
On September 21, Inspector-General of Police Ismail Omar confirmed
the arrest of three senior MACC officers in connection with a RM1
million ($316,000) extortion and robbery case.
On September 15, the Putrajaya Sessions Court transferred the case
of former transport minister Chan Kong Choy to the Kuala Lumpur High
Court. As a member of former prime minister Abdullah Ahmad Badawi's
cabinet, Chan was charged with deceiving Badawi into approving Kuala
Dimensi Sdn Bhd as the turnkey developer for the Port Klang Free Zone
mega-transshipment hub project. Chan's predecessor was also charged
with deception, and four other prominent figures were charged with
various offenses for their involvement in the project, including
criminal breach of trust and fraudulent claims. All of the cases
remained pending at year's end.
MACC is responsible for investigating and prosecuting corruption by
both private and public bodies. Civil servants who refused or failed to
declare their assets faced disciplinary actions and were ineligible for
promotion.
The Whistleblower Protection Act 2010 is designed to protect
individuals who disclose information on corrupt practices in both the
public and private sectors. The act states that anyone who has evidence
of someone who has committed a corrupt practice, act, or fraudulent
activity can file a complaint against that individual and refer the
case to court. The whistleblower would be provided immunity from civil
or criminal charges.
The Official Secrets Act prohibits the dissemination of classified
information. The act encompasses 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. Individual members of Parliament were
allowed to request and obtain such information on an ad hoc basis, some
of which was then made available to the public.
On April 1, the opposition-controlled Selangor State Assembly
passed the Selangor Freedom of Information Enactment, which upon
implementation in 2012 is intended to allow public access to certain
state documents. This is the first law of this type in the country.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. In some cases
government officials were somewhat cooperative and responsive to their
views.
The government allowed NGOs to function independently, met with
representatives from NGOs and responded to some requests of NGOs. The
government also suppressed some positive media coverage of NGOs that
espoused views that were contrary to the ruling coalition's and took
some actions against some NGO leaders. For example, the government
detained some NGO leaders in connection with the planned rally for
electoral reform in July (see section 2.b.), and the Sarawak state
government barred some NGO leaders from traveling to Sarawak in
connection with state elections in April. Amnesty International's 2010
report Abused and Abandoned: Refugees Denied Rights in Malaysia noted
that it was given unprecedented and unfettered access to three IDCs in
and around Kuala Lumpur. UNHCR representatives and members of the
diplomatic corps also noted increased willingness by the government to
allow visits to IDCs and trafficking shelters.
The federal government denied entry to several human rights lawyers
and activists, and the Sarawak state government also prevented several
domestic activists from visiting Sarawak. For example, on July 22,
French lawyer William Bourdon was detained upon arrival in Kuala Lumpur
on a domestic flight from Penang, where he had given a speech the night
before regarding corruption allegations relating to a French company's
sale of ``Scorpene'' submarines, and then deported.
U.N. and Other International Bodies.--The government cooperated
with some international organizations during the year. In addition to
the improved cooperation with the UNHCR noted above, the International
Organisation for Migration (IOM) worked with the Ministry of Women,
Family, and Community Development on projects such as an international
training academy on Langkawi Island and a review of antitrafficking
laws. The government also worked with the IOM to assess shelters for
trafficking victims.
Government Human Rights Bodies.--SUHAKAM was created by an act of
Parliament and is headed by a chairman and commissioners who are
appointed by the king on the recommendation of the prime minister.
SUHAKAM was generally considered a credible monitor of some aspects of
the human rights situation. SUHAKAM conducted training and
investigations and provided reports and recommendations to the
government. 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.
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 race, sex, religion,
descent, or place of birth. The law is silent on discrimination based
on disabilities. 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, bumiputra), and
discrimination based on this provision persisted. One of the
requirements to be considered an ethnic Malay is to be able to speak
the Malay language.
Women.--Rape and Domestic Violence.--Rape, including marital rape,
is a criminal offense, as are most forms of domestic violence. The
penal code states that rape is punishable by a prison term of up to 30
years, caning, and a fine. Marital rape does not have a minimum
penalty, but the maximum penalty is 5 years' imprisonment. There is no
minimum jail term for a man convicted of statutory rape of a girl age
15 years or less. The government enforced the law effectively. On May
19, the Malay Mail reported the following RMP-released rape statistics:
In 2010 there were 3,595 police reports lodged by rape victims,
compared to 3,626 in 2009. Of the cases reported in 2010, police
arrested 5,068 suspects. Unlike in prior years, the police did not
publicly report the number charged, convicted, and punished on rape
charges.
In 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 law after it was
amended in 2007 to outlaw marital rape. There were no reports of such
prosecutions in 2010 or 2011.
The Malay Mail reported 3,171 domestic violence cases compared with
3,643 in 2009, and 413 incest cases compared with 385 in 2009. As in
the case of rape, the police did not report data on charges,
convictions, and punishments for domestic violence cases. 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. A leading women's NGO estimated that only 10 percent
of rape cases were reported to police. Women's groups claimed 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. In
order to help overcome the reluctance by victims of sexual crimes to
report crimes and describe the details of what they experienced, the
police began using a reenactment process, which allows the police to
obtain information by asking the victim to agree or disagree with
events depicted in a reenactment. In addition, police sometimes assign
psychologists or counselors to provide emotional support. 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,
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.
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 ($630). In extreme cases involving ``grievous
hurt'' inflicted using a deadly weapon, the maximum imprisonment
increases to 20 years. Women's groups continued to criticize 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.
In October an amendment to the Domestic Violence Act passed that
expands the definition of domestic violence to include mental,
emotional, and psychological abuse as well as physical violence. It
also allows courts to issue protective orders to prevent third parties
from physically abusing, or even communicating with, victims of
domestic violence and allows police to arrest a perpetrator when a
protective order has been violated. A prominent women's rights NGO
welcomed the amendment, but stated that it does not go far enough
because it does not cover stalking and intimidation, applies only to
marriage relationships, and does not make domestic violence a separate
offense under the penal code. In addition, women's rights activists
pointed out that despite the amendment's passage, its provisions had
yet to be implemented by year's end.
Female genital mutilation (FGM).--Some news articles reported that
this practice was gaining in popularity, even among adult women,
converts to Islam, and in urban centers (see children below).
Sexual Harassment.--The law prohibits a person in authority from
using his position to intimidate a subordinate into having sexual
relations. 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. In past years 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. One lawyer
familiar with sexual harassment cases reported that the authorities
take such claims seriously, but victims were often reluctant to report
sexual harassment because of the difficulty of proving the offense, the
length of the trial, and embarrassment. One women's rights NGO reported
that approximately 500 sexual harassment cases were filed with the
Women, Family and Community Development Ministry from 2000 to 2010;
however, according to statistics provided by the ministry, nearly 900
such cases were reported from 2000 to 2007. The ministry has not
publicized yearly data since 2007.
Reproductive Rights.--Couples and individuals have the right to
decide the number, spacing, and timing of their children. Information
on family planning was readily available from government and NGO
sources. Contraceptives such as the birth-control pill and condoms were
permitted and were locally available. Estimates of contraceptive use by
women remained at approximately 50 percent. The great majority of
births were attended by skilled medical personnel, and women generally
had access to postpartum care. Women and men generally had equal access
to diagnostic and treatment services for sexually transmitted
infections, including HIV. According to the most recently published
U.N. statistics, the maternal mortality rate was 31 per 100,000 live
births in 2008.
Discrimination.--The constitution prohibits discrimination against
citizens based on sex. However, the law allows polygyny, which a small
minority of 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 and criminal law but not Sharia. The constitution
gives men and women equal rights to inherit, acquire, own, manage, or
dispose of any property, including land. Within the matriarchal
Minangkabau community, women are favored in the sense that ownership of
hereditary or tribal lands is restricted to women. 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.
Women experienced some economic discrimination in access to
employment. On March 9, Minister of Women, Family, and Community
Development (MWFCD) Shahrizat Jalil stated that 47.3 percent of 13.4
million women in the country were in the labor force. The law provides
that women are entitled to 90 days' maternity leave. Some pregnant
women experienced employment discrimination. On July 13, the High Court
in Shah Alam ruled in favor of Noorfadilla Ahmad Saikin, whose offer of
employment had been withdrawn once the employer learned she was
pregnant. The judge cited the U.N. Convention on the Elimination of All
Forms of Discrimination Against Women and the constitution in ruling
that Noorfadilla had the right to be appointed as a relief teacher and
that the revocation of her placement was unconstitutional. NGOs
reported that women continued to be discriminated against in the
workplace in terms of promotion and salary. On June 1, Minister
Shahrizat made public ministry statistics showing that women occupied
32.3 percent of decision-making positions in the public sector. Women
were routinely asked their marital status during job interviews. In
Kedah women entertainers are only allowed to perform in front of all-
female crowds, a policy that the NGO coalition Joint Action Group for
Gender Equality has condemned as an infringement of gender-equality
rights protected by the constitution.
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. The Women's Ministry continued to develop
programs and workshops to encourage women to enter the business
community and operate small- and medium-sized enterprises.
Children.--Birth Registration.--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 a 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. The UNHCR registered children born to refugees.
Marriages between Muslims and non Muslims are 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.
Education.--Education is free, compulsory, and universal through
primary school (six years). Although primary education is compulsory,
there was no enforcement mechanism governing school attendance.
Child Abuse.--The number of physical child abuse cases increased
approximately 26 percent, from 203 in 2009 to 257 in 2010, the highest
number recorded in a five-year period, according to data provided by
the RMP to the Malay Mail in May. Child abuse took the form of neglect
(failure to provide basic needs), physical abuse, sexual abuse, and
abandonment of infants. Punishment for child abuse can include being
fined, jailed, whipped, or a combination thereof.
The government recognized that sexual exploitation of children and,
particularly in rural areas, incest were problems. The law provides for
from 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.
Harmful Traditional Practices.--There are no laws on female genital
mutilation. FGM reportedly is common among some communities of Muslim
Malays, particularly in rural villages in the northern part of the
country. In 2009 the online news portal Malaysiakini reported that ``in
Malaysia, FGM 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.''
Child 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. Based on the incidence
of premarital HIV screenings of children, some NGOs concluded that the
practice of child marriage continued despite lack of coverage in the
media.
Sexual Exploitation of Children.--Any person convicted of a
trafficking-in-persons offense involving a child for the purposes of
exploitation faces punishment of imprisonment of three to 20 years and
a fine. Under the penal code, the minimum age for consensual sex in
Malaysia is 16 for both boys and girls; however, homosexual acts are
illegal regardless of age or consent. Under Sharia, which applies only
to Muslims, sex is forbidden outside of wedlock regardless of age or
consent.
The law outlaws pornography but does not address the involvement of
children specifically.
Statutory rape occurred and was prosecuted. A person convicted of
statutory rape may receive punishment of imprisonment up to 30 years or
whipping, or both. 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 the
prosecution of statutory rape. Such a girl may in fact 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.
Displaced Children.--Sabah had a problem with 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.
International Child Abductions.--The country is not a party to the
1980 Hague Convention on the Civil Aspects of International Child
Abduction.
Anti-Semitism.--Estimates of the country's Jewish population were
between 100 and 200 people. Other than occasional editorials in
government-owned newspapers and statements by current and former
political officeholders, which tend to blame civil society activity on
``Jewish plots,'' there were no reports of anti-Semitic acts.
Trafficking in Persons.--See the Department of State's Trafficking
in Persons Report at http://state.gov/j/tip.
Persons With Disabilities.--Neither the constitution nor other laws
explicitly prohibit discrimination based on physical or mental
disabilities, but the government promoted public acceptance and
integration of persons with disabilities.
The government did not discriminate against persons with
disabilities in employment, education, access to health care, or in the
provision of other state services. A public sector regulation reserves
1 percent of all public-sector jobs for persons with disabilities. The
government did not mandate accessibility to transportation for persons
with disabilities, and few older public facilities were adapted for
such persons. New government buildings were generally outfitted with a
full range of facilities for persons with disabilities.
A code of practice serves as a guideline for all government
agencies, employers, employee associations, employees, and others to
place suitable persons with disabilities in private sector jobs.
Special education schools existed but were not sufficient to meet
the needs of the population with disabilities.
Following protests by disabled persons in past years, 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 disabled persons.
On September 9, Minister Shahrizat announced that the cabinet
approved a proposal requiring all local authorities include a person
with disabilities on planning and development committees. The proposal
also suggested that local authorities set up an access auditing unit
for the purpose of recommending access improvements for such persons to
buildings and facilities.
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 bylaws requiring 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.''
A prominent advocate for persons with disabilities pointed out that
practical difficulties continued to outweigh any prodisabled laws or
policies. For example, the 1 percent set-aside for public sector jobs
was not in fact filled, and buildings still lacked adequate toilet and
other facilities. He described elementary schools as being practically
inaccessible to disabled students, requiring parents who had the means
to come to school to carry their children up and down stairs, feed
them, and carry their books to class. Some public transportation was
equipped with ramps that can manually be put in place to assist
disabled patrons, but they required driver assistance and were seldom
used. The government does not pay caregivers of persons with
disabilities.
National/Racial/Ethnic Minorities.--Government regulations and
policy provide for extensive preferential programs designed to boost
the economic position of ethnic Malays or bumiputra, who constitute a
majority of the population. Such programs limited opportunities for
non-bumiputra in higher education, government employment, and ownership
of businesses. Many industries were subject to race-based requirements
that mandated bumiputra ownership levels, limiting economic
opportunities for non-bumiputra citizens. According to the government,
these policies were necessary to ensure ethnic harmony and political
stability.
Despite the government's stated goal of poverty alleviation, these
race-based policies were not subject to upper income limitations and
appeared to contribute to the widening economic disparity within the
bumiputra community. Ethnic Indian citizens, who did not receive such
privileges, remained among the country's poorest groups. Another goal
of this policy is for bumiputra to hold 30 percent of the nation's
wealth. According to several studies, the program reached or exceeded
this target; however, official government figures placed bumiputra
equity at 18.9 percent. The government did not respond to public
requests to make its methodology available.
In 2010 the prime minister unveiled a New Economic Model that
called for restructuring the country's system of bumiputra ethnic
preferences to reduce unequal treatment of different ethnicities by the
government and to better target subsidies and preferences to the
poorest citizens, regardless of ethnicity. Conservative bumiputra-
rights groups raised strong objections to any changes that could
threaten ethnic preference programs. On February 8, Prime Minister
Najib launched Unit Peneraju Agenda Bumiputra (Teraju) to strengthen
further the bumiputra development agenda and boost its economic
participation. Critics expressed concerns that Teraju would undermine
the New Economic Model and failed to focus on merit-based affirmative
action policies. The government claimed that it was necessary because
bumiputra equity in the economy remained low.
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 and regional 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 special provision made
under Article 153 of the constitution only ensures ``the special
position of the Malays and natives of any of the States of Sabah and
Sarawak'' and makes no reference to the Orang Asli. The government did
not effectively protect indigenous persons' civil and political rights.
The Orang Asli, who numbered approximately 180,000 (0.86 percent of
the population), constituted the poorest group in the country.
According to the 10th Economic Plan covering the years 2011-15, 50
percent of the 29,990 Orang Asli households were living below the
poverty line. Of these, approximately 5,700 households (19 percent)
were considered to be ultrapoor. In 2010 a local NGO that focused on
Orang Asli rights estimated that these numbers underreported the
population 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 existed to
monitor the development of Orang Asli; five of the council's 17 members
were Orang Asli, and a local NGO reported that the council did not meet
during the year. One Orang Asli held a senior management position in
the government's Department of Orang Asli Development (known by its
Malay acronym, JAKOA). The director general of the socioeconomic
development section of JAKOA stated that 24 percent of JAKOA's
employees were Orang Asli. JAKOA 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. One supporter of Orang Asli interests
pointed out, however, that these statistics did not account for Orang
Asli children who had never been to school at all. Approximately 300
Orang Asli students attended university.
Under the Aboriginal People's Act, Orang Asli are permitted to live
on designated land not as owners but as tenants at-will, and they did
not possess land rights. The law allows the government to seize land of
indigenous peoples with the payment of compensation. 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 rights to land. 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. In 2009 the government instituted a new policy towards
the Orang Asli designed to lift them out of poverty by giving two to
six acres to each of the approximately 30,000 Orang Asli families to
work and cultivate on their own. NGOs such as the Center for Orang Asli
Concerns expressed disagreement with such plans, noting that what the
Orang Asli stood to lose under such a program was far greater than what
they stood to gain. Although JAKOA can act as an intermediary in
implementing this policy, the final determination for compensation for
land is a state matter.
On August 16, JAKOA announced that it had concluded discussions
with all state governments concerning the policy on granting land
titles to the Orang Asli. On August 24, the president of the Malaysian
Bar Council, Lim Chee Wee, (who represents a number of Orang Asli in
several claims against developers and state agencies) said the Orang
Asli did not welcome the announcement because it demonstrated the
government's refusal to consult the Orang Asli community before
formulating policies. On August 25, SUHAKAM Chairman Hasmy Agam said
that SUHAKAM was disappointed that the government proceeded with the
amendments without waiting for the completion of the government's
national inquiry into the Land Rights of Indigenous Peoples, held on
September 17 to October 1, and until ``all efforts have been made to
obtain free, prior and informed consent from all stakeholders,
especially the affected Orang Asli.''
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 that of 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;
however, the decisions result in compensation to the plaintiffs, not
return of confiscated lands. 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,
with a hearing scheduled for March 2012. In 2007 a suit was filed
against authorities who allegedly tore down an Orang Asli church in Gua
Musang. In 2009 the high court declared that the demolition was not
legal because it was done before the expiry of the 30-day notice given
to the Orang Asli as required by law, that the Orang Asli had a right
to occupy the land and to practice the religion of their choice under
the constitution, but that the building was not legal because it did
not comply with building regulations and that the land itself belongs
to the government. The government appealed the judgment, and the case
remained pending at year's end.
The Penan, an indigenous community of Sarawak, used native
customary rights to establish land ownership and stewardship. Each
group of Penan maintained its own foraging area, which was passed down
from one generation to another. Customary native lands were not always
well demarcated. Indigenous rights groups alleged that Abdul Taib
Mahmud, the chief minister of Sarawak, leased Penan and other
indigenous groups' customary land to logging companies and land
developers in exchange for political favors and money. Local observers
claimed that logging companies harassed and sometimes threatened vocal
Penan leaders and land-rights activists. The Sarawak Penan Association
continued urging the state government to delineate the Penan's native
customary land boundaries, revoke timber licenses that overlapped their
land, stop issuing provisional leases for plantations, and halt all
logging and plantation development activities on their land. The Penan
tribe was among the poorest groups in the country and lived below the
poverty line.
In January the Sarawak Women for Women Society submitted a proposal
to state and federal governments to the effect that logging companies
should only be awarded contracts if they complied with conditions to
protect Penan girls and women from sexual abuse. The proposal stemmed
from allegations made in 2009 by an international NGO that 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 2009 Minister Shahrizat
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 stated no further action
would be taken on three of the cases, while the fourth was still
pending. In July 2010 Minister Shahrizat visited the Penan community
and urged the police to take these cases seriously. In August 2010 the
logging company Samling threatened to withhold transport services for
locals unless the Penan retracted their sexual abuse and rape
allegations.
Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--Laws against sodomy and
``carnal intercourse against the order of nature'' exist but were
rarely enforced. However, this law was the basis for the case against
parliamentary opposition leader Anwar Ibrahim (see section 1.e.).
Religious and cultural taboos against same-sex sexual conduct were
widespread. On April 18, the Terengganu State Education Department
announced that it had sent 66 schoolboys, listed by their schools as
students who displayed feminine qualities, to a camp where they
received counseling on masculine behavior to discourage them from being
gay and to guide them back ``to a proper path in life.'' The Joint
Action Group for Gender Equality, among other groups, condemned the
move and described the singling out of the boys as ``highly
discriminatory.''
Other Societal Violence or Discrimination.--The government's
response to HIV/AIDS was generally nondiscriminatory, although
stigmatization of AIDS sufferers was common.
Section 7. Worker Rights
a. Freedom of Association and the Right to Collective Bargaining.--
The law allows for limited freedom of association and for some
categories of workers to form and join trade unions, subject to a
variety of legal and practical restrictions. The laws provide for the
right to strike and to bargain collectively, but both are severely
restricted by regulations and by sector.
The 1959 Trade Unions Act (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. Defense
or police officials, or public sector workers categorized as
``confidential, managerial, and executive,'' are prohibited from
joining a union. Additionally, the act restricts a union to
representing workers in a ``particular establishment, trade,
occupation, or industry or within any similar trades, occupations, or
industries.'' The Industrial Relations Act (IRA) prohibits employers
from taking retribution against a worker for participating in the
lawful activities of a trade union.
Enforcement of freedom of association lay primarily with the
director-general of trade unions (DGTU). For example, the DGTU and, in
some cases, the minister of human resources can refuse to register or
withdraw registration from some unions, without judicial oversight.
When registration is refused, withdrawn, or canceled, a trade union is
considered an unlawful association. By law employers are prohibited
from imposing conditions on union membership and activity in employment
contracts. In theory foreign workers can join a trade union; however,
the Immigration Department bars foreign workers from holding trade
union offices.
The IRA requires that an employer respond to a union's request for
recognition within 21 days of application. If an employer does not
respond to the union application within 21 days, the union must submit
a written appeal to the DGTU within 14 days, who will then notify the
minister of human resources of his findings. If the union fails to
submit the appeal within the stipulated period or the minister decides
that recognition is not to be accorded, the union is not recognized.
While national unions are proscribed within Malaysia, there are a
number of territorial federations of unions (the three territories
being Peninsular Malaysia, Sabah, and Sarawak). Trade unions were free
to associate with these territorial federations, which must register
separately as societies under the Societies Act and which exercised
many of the responsibilities of national labor unions, although they
cannot bargain on behalf of local unions. The government, however,
prevented some trade unions, such as those in the electronics and
textile sectors, from forming territorial federations. Instead of
allowing a federation for all of Peninsular Malaysia, the electronics
sector is limited to forming four regional federations of unions, while
the textile sector is limited to state-based federations of unions, for
those states which have a textile industry. Trade unions were permitted
to affiliate with international trade union organizations, subject to
the approval of the DGTU.
There are two national labor organizations. The Malaysian Trade
Union Congress (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, a federation of public employee unions
registered under the TUA.
Charges of discrimination against employees engaged in organizing
union activities may be filed with the Ministry of Human Resources or
the Industrial Court. The IRA limits worker compensation for wrongful
termination to a maximum of two years from the time the employee was
laid off. However, these and other provisions preventing management
from taking reprisal actions against workers for union activity were
not effectively enforced. A labor group blamed delays not on lack of
resources or training (there are 27 relevant courts throughout the
country, many headed by qualified personnel from the Attorney General's
Chambers), but on a lack of understanding of the effect of delays on
the workers involved and an accompanying lack of urgency.
Although private sector strikes are legal, the right to strike is
severely restricted. The IRA contains a list of ``essential services''
in which unions must give advance notice of any industrial action,
including financial, transportation, utilities, communications,
defense, security, and government sectors, and other industries
designated by the minister of human resources as essential to the
economy. The list includes sectors not normally deemed essential under
International Labor Organization (ILO) definitions. The IRA further
denies the right of unions and individuals to hold strikes protesting
the lack of recognition of their union.
Additionally, the process for conducting a legal strike is
unwieldy. 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 (and
no major strikes since 1962).
Private sector workers and, to a lesser extent, public sector
workers, have the right to organize and bargain collectively, and
collective bargaining was widespread in those sectors where labor was
organized. In companies designated as having pioneer status, the
government did not allow workers to affiliate with territorial union
federations. In 2010 the government approved the formation of trade
unions in the electronics sector, formerly a ``pioneer'' sector in
which collective bargaining was restricted. The Electronics Industry
Workers' Union (EIWU) (Southern Region) is an example of an electronics
trade union that was recognized under the new policy. On January 27,
the union at ST Microelectronics voted to join EIWU.
The process of collectively bargaining is complex and lengthy. To
commence collective bargaining, the trade union submits a proposal for
a collective agreement to the employer and invites the employer to
begin collective bargaining. The employer has 14 days in which to
reply; if the employer accepts the invitation, collective bargaining
must begin within 30 days. If the employer refuses to negotiate or
fails to reply, or if there is a deadlock in the negotiations, a trade
dispute is deemed to exist and the union may notify the DGTU, who will
take conciliation measures, including whatever steps she/he deems
necessary or expedient. If the parties are still unable to agree, the
minister of human resources may refer the dispute to the Industrial
Court for binding arbitration. Strikes or lockouts are prohibited while
a dispute is before the Industrial Court.
The ILO has repeatedly, including during the year, asked the
government to amend the IRA to remove restrictions on the scope of
subjects that can be collectively bargained. The law explicitly states
that issues of transfer, promotion, appointments, dismissal, and
reinstatement are internal management prerogatives; therefore, they are
excluded from collective bargaining. The ILO has also called on the
government to limit the amount of discretionary power allotted the DGTU
and the minister, including when to intercede in bargaining.
The minister would commonly order recognition of a union if at
least 50 percent of the workers in the relevant establishment were
members. This threshold, however, was often difficult to achieve
because of the numbers of contract workers and workers who were
designated as being in management or official roles and who were
therefore not eligible for union membership. MTUC officials continued
to express frustration about delays in the settlement of union
recognition disputes. In practice it was common for such applications
to be refused and unions to go unrecognized for one to four years.
Government interference in union activities was rare; however, some
trade unions reported that the government detained or restricted the
movements of some union members under laws that allow temporary
detention without the recipient being charged with a crime and that
some foreign workers were not paid or were denied usual work because of
their union activity. For example, in May MTUC lodged a complaint on
behalf of five Indian nationals based in part on nonpayment of 7-10
months' wages. The Labor Office investigated and on November 4, charged
the employer for trafficking. A hearing was scheduled for January 2012.
Many employment contracts for foreign workers contained provisions
banning the worker from joining a trade union. NGOs reported that
sometimes, in the absence of a formal union structure, the ``ring
leaders'' or unofficial spokespersons for groups of foreign workers
were singled out by their employers for unfair treatment, such as
withholding work. The president of the newly formed electronic workers
union for Renesas Semiconductor was dismissed in April following his
posting on a blog about his union recognition claim. Labor activists
claimed that his only ``crime'' was being responsible for organizing
workers.
The law has the practical effect of encouraging employers to hire
contract workers who are then left without the ability to form a union
because they are technically employed in a different industry
(staffing) than that in which they are actually working (e.g.,
hospitality). One NGO reported that following its engagements with Sime
Darby, the company agreed to switch to direct recruitment of full-time
workers on at least two of its large plantations instead of using
recruitment agencies. Similarly, observers noted that the government,
by classifying more workers as self-employed, put further limits on
their ability to organize.
On September 21, the National Union of Bank Employees (NUBE)
accused Maybank, the country's largest bank, of backing a new, in-house
union in order to dodge a claim for bonuses. Maybank chief executive
Datuk Seri Abdul Wahid Omar said that although 61 percent of Maybank
employees in the clerical/non-clerical category were NUBE members,
other employees decided to form the Maybank Non-Exectuive Union
(Mayneu) on January 3. NUBE continued its dispute, initiated in 2009,
with Maybank over bonuses and was seeking 80 months' pay for its
members.
In practice the fact that unions are only able to provide limited
protection for workers, particularly foreign workers, created a
disincentive to unionize. Some foreign workers reported to NGOs that
workers who were successful in proving that their rights had been
violated would at best be able to obtain their unpaid wages but no
damages, costs, or interest. The employers suffered no additional
penalty.
b. Prohibition of Forced or Compulsory Labor.--The constitution
prohibits forced or compulsory labor. By law five agencies, including
the Department of Labor, have enforcement powers, but their standard
operating procedures did not always result in officers proactively
searching for indications of forced labor. A variety of sources
reported occurrences of forced labor, and conditions existed that
created vulnerabilities to forced labor in commercial agriculture, the
fishing industry, factories manufacturing computer components, garment
production, restaurants, and domestic households.
The main types of forced labor included debt bondage and
involuntary domestic servitude. Conditions on some plantations created
vulnerabilities to debt bondage, labor activists and human rights NGOs
reported, as well as in some factories and other businesses. Labor
union representatives described a typical pattern involving recruiting
agents that impose high fees that sometimes made foreign workers
vulnerable to debt bondage. Being indebted to their employers and often
without their passports, affected workers were often forced to accept
harsh working conditions, lower wages than promised and wage
deductions, and poor housing, under threat of imprisonment or
deportation.
The government prosecuted several alleged exploiters of forced
labor. The police and, to a lesser extent, the Immigration and Labor
Departments initiated a combined 45 labor trafficking investigations
during the year. The police initiated three prosecutions for labor
trafficking but reported no convictions. The police reported that from
January to November, officials issued 116 interim protection orders to
suspected victims of labor trafficking and 74 protection orders. On
September 30, Home Ministry Secretary-General Mahmood Adam announced
that 136 people, including eight Malaysians, had been rescued in 53
human trafficking cases--19 involving forced labor--between January and
August.
Although the Malaysian Passport Act criminalizes possession of
someone else's passport ``without legal authority,'' NGOs continued to
report that agents or employers in some cases drafted contracts that
included a provision for employees to sign over the right to hold their
passports to the employer or agent, while in other cases they simply
confiscated employees' passports without contractual authority, thereby
making employees more vulnerable to forced labor. This practice
effectively made some foreign workers captives of the hiring company.
One high-profile example of forced labor involved 31 Burmese
migrant workers working at a factory run by the Malaysian subsidiary of
Japanese electronics firm Asahi Kosei (M) Sdn Bhd. The workers alleged
that they were being paid wages lower than promised when they agreed to
come to Malaysia; that they suffered numerous illegal wage deductions,
loss of cooking utensils, electricity and accommodation for lodging
complaints; and that they were threatened with termination and
deportation when they lodged complaints.
When human rights blogger Charles Hector sought to publicize the
workers' complaints, the company sued Hector for defamation, based on
its argument that no direct contractual relationship existed between
the workers and the company. In exchange for the company dropping its
defamation suit, Hector retracted his statements. There were no reports
of the outcome for the migrant workers involved.
Also see the Department of State's Trafficking in Persons Report at
http://state.gov/j/tip.
c. 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. 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.
NGOs and trade unions reported that child labor was not a
significant problem. The National Union of Plantation Workers reported
that in the past, many Malaysians had worked on plantations as family
units, and both children and adults, particularly ethnic Indians,
experienced forced labor. During the year, however, the majority of
plantation workers in Peninsular Malaysia were migrant workers who did
not bring their families. For this reason the union reported that it
was now very rare to find children involved in plantation work in
peninsular Malaysia. Child labor in urban areas often was found in
family food businesses, night markets, and small-scale industries.
Child labor was also evident among domestic workers, especially
Indonesians and Cambodians, as a result of document fraud (incorrect
ages on travel and work documents). One NGO reported that stateless
children in Sabah were especially vulnerable to labor exploitation,
reportedly in the forms of forced begging and occurrences of work in
service industries, including restaurants.
d. 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. According to the results of a 2010 survey conducted by the
Federation of Malaysian Manufacturers, the mean basic monthly salary of
foreign workers engaged in the manufacturing sector was RM750 ($240).
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.
On June 30, Parliament passed the National Wages Consultative
Council Act, which aims to set up a National Wages Consultative
Council, to recommend the minimum wage and coverage for various
sectors, types of employment, and regions. Both the MTUC and the
Malaysian Employers' Federation opposed the act, united in the view
that it gives the minister of human resources overly wide discretion in
setting, amending, or cancelling minimum wage directives. The wage
council will include at least five members each representing workers,
employers, public officers, and other unspecified members. However, the
government has full discretion to determine when the council may make
its recommendations and to accept or reject them. Once the government
accepts and implements a minimum wages order, it may amend or revoke
the order at any time. The act imposes a RM10,000 ($3,160) fine for
each worker if the employer fails to pay the basic salary designated by
the council.
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. Limits on overtime vary by sector. The Labor Department of
the Ministry of Human Resources is responsible for enforcing the
standards, but a shortage of inspectors precluded strict enforcement.
The Occupational Safety and Health Act (OSHA) covers all sectors of
the economy except the maritime sector and armed forces. The act
establishes 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 OSHA 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.
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. Bilateral agreements or
memorandums of understanding (MOU) between Malaysia and some sending
states have provisions for rest periods, compensation, and/or other
conditions of employment.
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 did not provide adequate protections
for household workers; however, a new MOU with Indonesia signed in May
calls for the creation of a joint task force to monitor the situation
regarding Indonesian domestic workers. The amended MOU also provides
one rest day per week (or compensation) and rules on the repayment of
recruitment fees. In December the Indonesian government lifted its ban
on sending domestic workers to Malaysia after a minimum monthly wage
was agreed (RM700 ($221), increased from RM450 ($142). The first
workers under this new agreement were expected to arrive in April 2012.
Like other employers labor contractors may be prosecuted for
violating the law. 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.
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 posed obstacles to foreign workers' access to the system
of labor adjudication, particularly if they were illegal aliens.
The law permits migrant workers to bring employment disputes to the
Industrial Court. However, the policy of the court was not to hear
complaints of migrants who were undocumented. Court proceedings were
time consuming, which may also prevent migrant workers from seeking
redress through the court system. Once their work visas expire,
migrants require ``special passes'' to stay in the country--they would
be permitted to follow the court case but would not be allowed to work.
The passes are valid for one month and cost RM100 ($32) to renew.
Renewal is subject to the discretion of the director general of
immigration.
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. Some workers alleged that their
employers subjected them to inhumane living conditions, withheld their
salaries, confiscated their travel documents, and physically assaulted
them.
Plantation workers generally received production-related payments
or daily wages. Under a ``safety net'' agreement, workers are bound to
work for 26 days per month, unless unable due to a natural disaster
such as flooding or heavy rain, and are paid a minimum of RM650 ($205).
There are three main categories of plantation workers: general field,
harvest (constituting the majority), and tappers. Bonus or overtime
rates depend on the productivity level. For example, tappers who bring
in more than the minimum eleven kilos of rubber receive extra earnings,
up to RM2,000 ($631) for the most productive tappers. Such agreements
are approved by Malaysian Agriculture and Plantation Association and
are in line with the Employment Act.
Employers sometimes failed to honor the terms of employment and
abused their household workers. For example, the contract terms for
Indonesian domestic workers, who made up approximately 90 percent of
all foreign household workers, were often vague and open to abuse. At
the same time that arrivals from Indonesia dropped due to the 2009 ban,
arrivals from Cambodia and other countries increased. An estimated
30,000 Cambodian maids arrived in the first seven months of the year,
and some encountered conditions similar to those that had led to
Indonesia's ban. In July one young Cambodian maid was found dead under
suspicious circumstances and another was rescued by police after she
was allegedly abused and had her head shaved by her employer. In
October the Cambodian government banned recruitment firms from sending
domestic workers to Malaysia following numerous reports of abuses. The
Cambodian ban remained in force at year's end; the Indonesian ban was
lifted in December.
On November 1, the Indian High Commission began implementing its
revised guidelines for the employment of workers from India that
included a minimum wage structure ranging from RM800 ($252) per month
for unskilled workers (restaurant, construction) to RM1,400 ($442) per
month for skilled domestic workers. According to the High Commission,
Indian authorities do not grant workers clearance for travel to
Malaysia unless they can produce a conforming employment contract that
has been attested to by the High Commission in Kuala Lumpur as meeting
the guidelines.
On June 5, Isti Komariyah, a 26-year-old Indonesian maid, died on
her way to the hospital after being physically abused by her employers.
On June 16, the magistrates court in Kuala Lumpur charged her employer
with murder, which carries a mandatory death penalty upon conviction.
In January the Kuala Lumpur High Court dismissed the appeal of Hau
Yuan Tyng from her conviction for causing grievous harm to her
Indonesian maid, Siti Hajar. In May 2010 Hau had been found guilty on
three counts; she allegedly scalded Siti Hajar with boiling water as
well as tortured and starved her. In dismissing Hau's appeal, the judge
increased her jail time from eight years to 11 years and ordered her to
pay RM5,000 ($1,580) in compensation to Siti Hajar.
__________
MARSHALL ISLANDS
executive summary
The Republic of the Marshall Islands is a constitutional republic
led by President Jurelang Zedkaia. On November 21, voters elected the
Nitijela (parliament) in generally free and fair multiparty elections.
The Nitijela, almost evenly divided between the two dominant political
factions, is scheduled to elect a new president in January 2012.
Security forces report to civilian authorities.
The government continued to address human rights challenges
including poor prison conditions, government corruption, violence
toward women, child abuse, and lack of worker protections.
The government took steps to prosecute and punish officials who
committed abuses, whether in the security services or elsewhere in the
government.
Section 1. Respect for the Integrity of the Person, Including Freedom
from:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the government or its agents committed arbitrary or
unlawful killings.
b. Disappearance.--There were no reports of politically motivated
disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The law prohibits such practices, and there were no
reports that government officials employed them.
Prison and Detention Center Conditions.--Prison conditions did not
meet international standards. Lighting, ventilation, and sanitation
were inadequate, and there was no program to ensure regular access to
outside activity. The jail is built into the police station and
security is minimal. The walls are built of simple concrete blocks with
the rebar exposed. There is no regular maintenance of the prison, and
conditions continued to deteriorate. Prisoners have access to potable
water.
According to a Ministry of Justice official, as of August the
country's only national prison, on Majuro Atoll, held 41 inmates--all
male adults. Of these, 38 were convicted prisoners, and three were
awaiting trial.
There were no specialized prison facilities for female prisoners,
including juveniles. During the year the government established a
holding cell for up to two women at the National Police offices in
Uliga. Generally, female prisoners were held under house arrest,
although some were held temporarily in a separate police substation
until released to house arrest. Male juveniles were held temporarily
with the general prison population until their release 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. There were no reported
cases of abuse during the year.
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, but 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.
Authorities continued to limit improvements to only one wing of the
Majuro prison. Little progress was made during the year, and sanitary
conditions and overall security continued to be poor.
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. During the year there was one report of impunity in which
police officers reportedly stole more than $3,000 (the U.S. dollar is
the official currency) from the police station's evidence room. The
money originally had been confiscated in an earlier raid on private
apartments. Nonetheless, there were other reports that stated there was
additional money stolen at the time of the raid. No disciplinary action
was taken, and at year's end the case remained under investigation.
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 unconfirmed reports from
local business owners and the Attorney General's Office that government
officials used their positions to protect family members from
prosecution for alleged wrongdoing.
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.
Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.
Civil Judicial Procedures and Remedies.--There is no separate
judiciary in civil matters, but there are administrative remedies for
alleged wrongs, including human rights abuses, as well as judicial
remedies within the general court system.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The constitution prohibits such actions, and the
government generally respected these prohibitions in practice.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--Status of Freedom of Speech and
Press.--The constitution provides for freedom of speech including for
members of the press, and the government generally respected these
rights in practice. An independent press, an effective judiciary, and a
functioning democratic political system combined to ensure freedom of
speech and of the press.
Internet Freedom.--There were no government restrictions on access
to the Internet or credible reports that the government monitored e-
mail or Internet chat rooms. Individuals and groups could engage in the
expression of views via the Internet, including by e-mail.
Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.
b. Freedom of Peaceful Assembly and Association.--The constitution
provides for freedom of assembly and association, and the government
generally respected these rights in practice.
c. Freedom of Religion.--See the Department of State's
International Religious Freedom Report at http://state.gov/j/drl/irf/
rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution provides for freedom
of movement within the country, foreign travel, emigration, and
repatriation, and the government generally respected these rights in
practice. The need did not arise during the year for government
cooperation with the Office of the U.N. High Commissioner for Refugees
or other humanitarian organizations in providing protection and
assistance to internally displaced persons, refugees, returning
refugees, asylum seekers, stateless persons, and other persons of
concern.
The law does not prohibit forced exile, but the government did not
employ it.
Protection of Refugees.--The country'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 country has almost no history of refugees or asylum seekers.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The law provides citizens the right to change their government
peacefully, and citizens exercised this right in practice through
periodic, free, and fair elections based on universal suffrage.
Elections and Political Participation.--Recent Elections.--
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 is an unelected body and serves a largely
consultative function dealing with custom and traditional practices.
National elections were held on November 21 and were generally free and
fair.
Participation of Women and Minorities.--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 there were 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.
In the November national election, seven women ran, and one was
elected. Several women served in prominent appointed government
positions, including those of minister, 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. There are
few minorities in the country, and running for office requires land
rights, which are only available to native Marshallese.
Section 4. Official Corruption and Government Transparency
While the law provides criminal penalties for official corruption,
the government did not implement the law effectively, and officials
sometimes engaged in corrupt practices with impunity. In September
independent auditors reported that they had identified 12 problem areas
in the country's 2010 financial statements. 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.
During the year, Kenneth Kedi, minister of transportation and
communication, pled no contest to three misdemeanor charges of
misconduct in public office and petty larceny, the first time a high-
level official had been indicted for corruption. The government dropped
seven other felony charges related to improper use of public funds in a
plea bargain. Minister Kedi remained in office after paying a $1,000
fine.
Also during the year, one individual was found guilty on charges
made in December 2010 relating to corruption in the government's
procurement practices at the Ministry of Finance. This individual,
along with alleged co-conspirators in the Ministry of Finance, created
fraudulent contracts between the government and private businesses. At
year's end the sentencing for this individual remained pending, as did
the trials of several alleged co-conspirators whose cases were filed in
January.
Voters looked to representatives for financial assistance, which
pressured elected officials to use government authority to provide
patronage to extended family members and supporters. There also were
frequent allegations of nepotism in government hiring, especially for
teachers, and in-depth studies found serious discrepancies between
teacher pay and qualifications.
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
Domestic human rights organizations generally operated without
government restriction, but few local groups existed. The government
was not always responsive to the concerns of nongovernmental
organizations (NGOs).
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.--Rape and Domestic Violence.--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.
New legislation passed in September specifically prohibits domestic
violence. Previously, the law established criminal penalties for
assault and battery, and domestic abuse was sometimes included in these
categories. 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 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.
Sexual Harassment.--Sexual harassment is not prohibited by law, and
there is no reliable data regarding the incidence of harassment.
Reproductive Rights.--Couples and individuals have the right to
decide the number, spacing, and timing of children and the information
and means to do so free from discrimination. Access to information on
contraception, and to prenatal care, skilled attendance at delivery,
and postpartum care were available on Majuro and Kwajalein Atolls;
however, on remote atolls, only infirmaries with minimally trained
attendants were available. The Ministry of Health provided free
contraceptives, with particular emphasis on reducing the high rate of
teenage pregnancy. According to indicators published in 2011 by the
Population Reference Bureau, an estimated 45 percent of married women
ages 15-49 used some form of contraception.
Maternal mortality was approximately 0.15 to 0.3 percent (four
reported maternal deaths in 2009 and two in 2010, with approximately
1,340 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.
Discrimination.--Women generally enjoy the same rights as men under
family law and in the judicial system. 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 public
and private sectors, many were in low-paying jobs with little prospect
for advancement. Men and women had pay equity for all government
positions involving similar work.
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. Following the killing of a college
teacher by her husband in August 2010, WUTMI worked with the government
to strengthen legal penalties for domestic violence offenses. Police
charged the murder victim's husband in her death, and he was sentenced
in August to 20 years in prison. 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, and when the fighting subsided
he called the police to report that the fight was over. Following this
incident local NGOs provided additional training for police on how to
respond properly to reports of domestic violence.
Children.--Birth Registration.--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.
Education.--There are various fees required for primary and
secondary education. Although primary education is legally compulsory,
it is not strictly enforced. In order to enter high school, students
must take an admission exam, and not all are admitted due to space
constraints.
Child Abuse.--Child abuse and neglect are criminal offenses, but
public awareness of children's rights remained low, and child abuse and
neglect remains 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
of prosecutions during the year.
Sexual Exploitation of Children.--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.
International Child Abductions.--The country is not a party to the
1980 Hague Convention on the Civil Aspects of International Child
Abduction.
Anti-Semitism.--There were few Jewish residents in the country, and
there were no reports of anti-Semitic acts.
Trafficking in Persons.--See the Department of State's Trafficking
in Persons Report at http://state.gov/j/tip/rls/tiprpt.
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 and in Majuro. The
attorney general is responsible for handling court cases involving
complaints of discrimination against persons with disabilities, but no
such cases were brought during the year.
National/Racial/Ethnic Minorities.--As in some previous years, the
authorities appeared to selectively enforce immigration laws against
migrants, particularly from the People's Republic of China. Some ethnic
Chinese reported being threatened or attacked based on their race and
receiving regular racial slurs. Other ethnic Chinese stated that taxi
drivers commonly refused to stop for Chinese passengers, although most
taxis were owned by Chinese businessmen. The local press reported that
attacks on Chinese sailors by youth gangs were common. The government
did not take any steps to address this problem.
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 willingly paid the fee 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
consensual same-sex activity, 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 or gender identity 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. Freedom of Association and the Right to Collective Bargaining.--
The law provides for the right of freedom of 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.
The law does not provide workers the right to strike, and there is
no legislation concerning collective bargaining or trade union
organization. There are no laws prohibiting antiunion discrimination or
allowing for reinstatement if dismissed for union activity.
In 2008 public school teachers formed the country's first labor
union. During the year, the approximately 30-member union took no
public action and did not engage in negotiation or collective
bargaining. There were no reports of government restrictions on its
activities.
b. Prohibition of Forced or Compulsory Labor.--The constitution
prohibits involuntary servitude, one form of forced labor. There were
no reports of government enforcement of the law, and there were no
reports of its practice among citizens.
c. Prohibition of Child Labor and Minimum Age for Employment.--
There is no law or regulation setting a minimum age for employment of
children, and the government took no preventive measures during the
year. 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.
d. Acceptable Conditions of Work.--The law establishes a minimum
wage of $2.00 per hour for both government and private-sector
employees. This minimum wage has remained the same for over a decade,
and there has been no legislation concerning maximum hours of work. No
legislation exists that allows workers the right to remove themselves
from situations that endanger their health or safety, and no
legislation provides protection for workers who file official
complaints about such conditions. The laws apply to foreign workers in
the same workers in the same manner as indigenous citizens.
There are no official poverty levels. However, the bottom tax
bracket (under which no taxes are assessed) is $1,560 annually.
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. Most foreign workers--who constituted
approximately 30 percent of the workforce (excluding agro-forestry) and
most of the professional and technical classes in the country--earned
considerably more than the minimum wage. Their earnings were estimated
to average at least 50 percent higher 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,
overtime payments, and the occupational health and safety standards for
workers. However, there have been no policy recommendations, or
political initiatives, by the Office of Chief of Labor during the past
four years, and during 2011 the office did not conduct any inspections
of workplaces related to health and safety conditions.
On Sundays, most businesses are closed, and people generally
refrained from working.
__________
MICRONESIA
executive summary
The Federated States of Micronesia is a constitutional republic
composed of four states: Chuuk, Kosrae, Pohnpei, and Yap. Individual
states enjoyed significant autonomy and traditional leaders retained
considerable influence, especially in Pohnpei and Yap. The elected
unicameral Congress selects the president from among its four members
elected from at-large state districts. On May 10, Congress reelected
Emanuel Mori as president. The most recent elections for Congress, held
in March, were considered generally free and fair, despite technical
problems and some allegations of fraud in Chuuk. Security forces
reported to civilian authorities.
Continued discrimination and violence against women and widespread
corruption constituted to be the most prevalent human rights problems
in the country.
Other reported human rights problems included judicial delays,
domestic violence, and child neglect.
In some instances the government took steps to punish officials and
their friends who committed abuses, but in many instances impunity was
a problem.
Section 1. Respect for the Integrity of the Person, Including Freedom
from:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the government or its agents committed arbitrary or
unlawful killings.
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. There were
reports of beatings while in police custody in Chuuk and one
substantiated case of a foreigner beaten by the chief of police while
in custody. At year's end the case was under investigation, and the
police chief was removed from office.
Prison and Detention Center Conditions.--Prison and detention
center conditions generally met international standards. The government
permitted prison visits by independent human rights observers, but none
occurred during the year.
At year's end the four states' prisons had approximately 95 inmates
held in facilities with a total capacity of 150 prisoners. Pohnpei held
18 persons, including one woman; Yap held 16 persons, including one
female inmate; Kosrae held 13 inmates (all male); and Chuuk reportedly
held 48 inmates, including one female prisoner and one mentally ill
prisoner. Pretrial detainees usually were held within the same facility
but separately from convicted prisoners. The female prisoners were held
separately from male prisoners.
There were no designated juvenile detention facilities, and the
states seldom incarcerated juvenile offenders. Crimes by juveniles
usually were resolved in a 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
potable water 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
available publicly 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. Three cases of abuse of power were
investigated in Pohnpei. No abuse was found in one case, one officer
was suspended in another case, and one officer was given a warning in
the third case. One case of police brutality was under investigation in
Chuuk (see section 1.c.). Law enforcement agencies in Chuuk remained
staffed with friends and relatives of powerful individuals.
Arrest Procedures and Treatment While in Detention.--Warrants are
required for arrests, and detainees were advised promptly of the
charges against them. Detainees must be brought before a judge for a
hearing within 24 hours of arrest, a requirement generally observed in
practice. Most arrested persons were released on bail. Detainees
generally had prompt access to family members and lawyers. However, in
practice not all detainees who requested help from the Office of the
Public Defender received adequate legal assistance because of lack of
funding and properly trained lawyers.
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. 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.
Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.
Civil Judicial Procedures and Remedies.--There is an independent
and impartial judiciary in civil matters. The Supreme Court is
responsible for hearing lawsuits seeking damages for, or cessation of,
human rights violations.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The constitution prohibits such actions, and the
government generally respected these prohibitions in practice.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--Status of Freedom of Speech and
Press.--The constitution provides for freedom of 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 credible reports that the government monitored e
mail or Internet chat rooms. Individuals and groups could engage in the
expression of views via the Internet, including by e mail.
Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.
b. Freedom of Peaceful Assembly and Association.--The constitution
provides for freedom of assembly and association, and the government
generally respected these rights in practice.
c. Freedom of Religion.--See the International Religious Freedom
Report at http://state.gov/j/drl/irf/rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution provides for freedom
of movement within the country. Foreign travel, emigration, and
repatriation are addressed in other areas of the law. In practice none
of these rights was restricted. The need did not arise during the year
for government cooperation with the Office of the U.N. High
Commissioner for Refugees and other humanitarian organizations in
providing protection and assistance to internally displaced persons,
refugees, returning refugees, asylum seekers, stateless persons, and
other persons of concern.
Protection of Refugees.--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.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution and law provide citizens the right to change their
government peacefully, and citizens exercised this right in practice
through periodic, free, and fair elections based on universal suffrage.
Elections and Political Participation.--Recent Elections.--National
congressional elections in March generally were free and fair. There
were allegations of polling fraud in a special election to replace the
governor in Chuuk in August, and the losing candidate filed two
complaints. The court rejected the complaints and upheld the election
results.
Political Parties.--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. Only one
congressional candidate ran on a platform in March. He unseated an
incumbent.
Participation of Women and Minorities.--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 associate justice on the
national Supreme Court and one female associate justice on the Pohnpei
State Supreme Court. The country's first female ambassador was
appointed permanent representative to the United Nations in 2010. One
woman ran unsuccessfully for national office in the March elections.
There were two elected women in the Pohnpei State legislature. There
were no other women in the other state legislatures or in the national
legislature.
To the extent that the country is a multicultural federation, both
the legislature and the executive 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 generally engaged in corrupt practices with impunity.
Government corruption was a serious problem, particularly in Chuuk.
Criminal referrals from the Office of the National Public Auditor
(ONPA) to the Department of Justice were not acted upon. The ONPA's
findings and recommendations were generally ignored.
Public officials are 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, was suspended from practice before the bar in 1999
due to allegations of improper practices and at year's end remained
suspended. Although the president attempted to reappoint him, the
national Congress did not confirm the appointment. At year's end the
office was filled by an acting attorney general.
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.
Information from other branches of government also was accessible;
however, retrieval sometimes was delayed by the loss or mishandling of
records. In March the state legislative building in Chuuk burned and
all records destroyed. 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. There are no laws
against family violence or trafficking in persons.
Women.--Rape and Domestic Violence.--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 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 physical harm is involved, the assault is
punishable in all states by up to five years' imprisonment or a fine.
Due to social stigma such crimes were underreported, 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 the
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 facilities to shelter and support women
in abusive situations. In Chuuk a private facility for women's groups,
funded by a foreign government, was opened at year's end, but it did
not include a shelter. In 2010 the Pohnpei Department of Public Safety
began a program of domestic violence education that included a hotline
and training of its officers to handle domestic violence situations.
Sexual Harassment.--The law does not prohibit sexual harassment,
and anecdotal reports suggested it was pervasive.
Reproductive Rights.--Couples and individuals have the right to
decide the number, spacing, and timing of children, and the information
and means to do so free from discrimination. Access to information on
contraception, prenatal care, skilled attendance at delivery, and
postpartum care were widely available through private and public
medical facilities. From 2005-09 the maternal mortality rate was
estimated as 128 per 100,000 live births. According to indicators
published by the Population Reference Bureau, skilled health personnel
attended an estimated 80 percent of births, and an estimated 46 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.
Discrimination.--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 comprised approximately half of the country's jobs, with
5,000 plus in state and municipal government positions and
approximately 2,500 in national government and government agencies or
public enterprises. Societal discrimination against women continued,
however, and cultural mores encouraged differential treatment for
women. For example, in Yap women are prohibited from entering a meeting
hall during men's meetings. In Chuuk women must bow in the presence of
men during formal meetings. Nonetheless, women were active and
increasingly successful in private business. A national women's working
group composed of female national government employees, including the
secretary of health and social services, was formed to advise the
government. Additionally, several small nongovernmental organizations
(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.
The Chuuk Women's Advisory Council, an NGO, received a foreign
government grant for a multipurpose center to be used initially as an
office and eventually as a shelter for victims of domestic violence as
well. At year's end it was only being used as an office.
In July2010 the national government held a National Women's
Conference that 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. None has been enacted.
Children.--Birth Registration.--A child acquires citizenship if one
or both parents were citizens. Individual states maintain birth
records.
Education.--Although a compulsory education law requires all
children to begin school at age six, not all did so, nor did they stay
in school, and the law was not enforced. The law permits children to
leave school when they reach the age of 14 years or after completing
the eighth grade, but many students leave school before that.
Child Abuse.--Child abuse is illegal, although the constitution
provides for a right of parental discipline. Cultural attitudes
regarding parental discipline limited the reporting of abuse, although
there were some anecdotal reports of child abuse and neglect.
Sexual Exploitation of Children.--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.
International Child Abductions.--The country is not a party to the
1980 Hague Convention on the Civil Aspects of International Child
Abduction.
Anti-Semitism.--There were no known Jewish communities in the
country, and there were no reports of anti-Semitic acts.
Trafficking in Persons.--See the Department of State's Trafficking
in Persons Report at http://state.gov/j/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. The
government provided children with disabilities, including learning
disabilities, special education, including instruction at home if
necessary and if foreign funding was available. Neither laws nor
regulations mandate accessibility to public buildings or services for
persons with disabilities. In practice many buildings had ramps or only
one story. There was one elevator in the two-story Pohnpei State
government building. No policies or programs ensured access to
information and communications for persons with disabilities.
Due to a lack of facilities for treating mentally ill persons, the
government housed some individuals with mental illnesses but no
criminal background 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 but does not provide
significant services.
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 can rise to senior positions in society.
Nonetheless, the traditional system affected contemporary life. Persons
from low-status backgrounds tended to be less assertive in advocating
for their communities' needs, and low-status communities sometimes
continued to be underserved.
The national and state constitutions prohibit noncitizens from
purchasing land, and foreign investment laws limit the types of
businesses noncitizens can own and operate. 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 same-sex sexual activity. 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. Freedom of Association and the Right to Collective Bargaining.--
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 facts that most private-sector
employment was in small-scale, family-owned businesses and the majority
of the remaining working-age population was engaged in subsistence
farming and fishing--there were no unions. No law deals specifically
with trade unions or with the right to collective bargaining.
There is no specific right to strike, but no law prohibits strikes.
There were no employment-related disputes or demonstrations during the
year.
b. Prohibition of Forced or Compulsory Labor.--The constitution
prohibits forced or compulsory labor. There are no laws against
trafficking in persons.
See section 7.d. and the Department of State's Trafficking in
Persons Report at http://state.gov/j/tip.
c. 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.
d. 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. The minimum wage was
enforced through the tax system, and this mechanism was believed to be
effective. Statistics were not readily available, but salaried persons
were relatively well-off. As of 2000, 28.4 percent of the population
was in the subsistence economy.
National law sets a standard of an eight hour/five day workweek,
with premium pay for overtime. A federal regulation requires that
employers provide a safe workplace. No law for either the public or
private sector permits workers to remove themselves from dangerous work
situations without jeopardy to their continued employment.
Working conditions aboard some foreign-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
executive summary
Mongolia is a multiparty parliamentary democracy. The most recent
presidential election, held in 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 Party (MPP) continued to dominate the parliament but
governed under a unity government with the Democratic Party. The MPP,
formerly known as the Mongolian People's Revolutionary Party (MPRP),
changed its name during the year. A small remnant of the original MPRP
kept the MPRP name and continued as a competing splinter party led by
former president Nambar Enkhbayar. Security forces reported to civilian
authorities.
The three prominent human rights abuses were police abuse of
detainees, uneven enforcement of the law and corruption within the
judicial system, and a lack of transparency in government affairs.
While the law provides for protection of basic human rights, there was
a significant disconnect between human rights laws, regulations, and
government pledges of support and what was implemented.
Other human rights issues included poor conditions in detention
centers, arbitrary arrests, government interference in the media,
religious discrimination, including continued refusal by some
provincial governments to register Christian churches, unlawful
deportation of foreign citizens, opaque and complicated procedures for
stateless persons to gain citizenship, secrecy laws and a lack of
transparency in government affairs, inadequate measures to counter
domestic violence against women, trafficking in persons, discrimination
against persons with disabilities, discrimination against ethnic
minorities, and violence and discrimination against lesbian, gay,
bisexual, and transgender (LGBT) persons.
The government took few steps to punish officials who committed
abuses, and there was an atmosphere of official impunity.
Section 1. Respect for the Integrity of the Person, Including Freedom
from:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the government or its agents committed arbitrary or
unlawful killings during the year.
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 abused
prisoners and detainees. The use of unnecessary force, particularly to
obtain confessions, was common. Nongovernmental organizations (NGOs)
claimed guards or police sometimes meted out cruel punishment to
inmates at police stations and detention centers. NGOs stated that some
inmates were beaten and deprived of visitation rights in response to
infractions committed in detention. According to an NGO working closely
with the prison system, prisoners who attempted suicide were beaten and
refused basic amenities and visitation rights.
During the year the Office of the State Prosecutor General's
Special Investigative Unit (SIU) received 50 complaints against
officials suspected of torture. Of these, 37 were dismissed for failure
to comply with the relevant code's definition of torture. According to
Amnesty International (AI), the code was interpreted to apply only to
investigators and exempts prosecutors and prison officials. Six of the
torture complaints were under investigation by SIU, while seven were
transferred to other departments. AI reported that while there was a
reduction in physical forms of torture, complaints to SIU did not
decline. Complaints more recently concerned coercion and threats,
including threats from police to investigate family members if a
confession was not forthcoming.
Prison and Detention Center Conditions.--According to AI conditions
in prisons were poor but improved during the year. Prison and detention
center conditions generally varied based on the facility. The new
predetention facility, Number 461 Sonsgolon Predetention Center, had
natural light and was well ventilated. Women and juveniles had at least
30 minutes of exercise or outdoor time every day, and men had the same
amount of time four days per week. The facility contained a clinic that
could accommodate approximately 126 patients, and there was a full-time
doctor, social worker, and psychologist on call. The facility had a
significantly lower rate of tuberculosis than the previous predetention
facility.
In contrast, within the Denjin Myanga administrative detention
facility, sources reported detainees found guilty of administrative
offenses lived in squalid conditions due to overcrowding and poor
ventilation. All prisoners were allowed outside three times per day and
up to an hour each time, although during the winter severe weather
precluded outside activities. Conditions in police-operated
detoxification centers were equally poor. Inebriated individuals were
detained in overcrowded holding cells for up to 24 hours. Officials
reported they lacked the resources to provide adequate water, food,
hygienic standards, adequate bedding, ventilation, and bathing
facilities. In all detention facilities, prisoners had access to
potable water.
The General Executive Agency of Court Decision (GEACD) reported 25
deaths during the year in prisons and three deaths in detention
facilities. AI declared these totals were underestimated due to the
practice of correctional officials releasing terminally ill patients
from their ward shortly before their impending death.
The GEACD reported there were 6,631 prisoners serving sentences, of
whom 393 were women and 20 were juveniles. Number 461 Sonsgolon
Predetention Center, which held prisoners awaiting trial, could house
more than 1,000 detainees and held an estimated 700 in September. In
addition the Denjin Myanga administrative detention facility in
Ulaanbaatar was built to hold 160, but there were often more than 250
detainees, particularly during the winter. U.N. officials reported
children and adults often were not separated in police detention
facilities and pretrial detainees were held with convicted prisoners.
Conditions for men and women were similar; however, in general women
were allowed more outdoor recreational time than men.
The GEACD reported that ombudsmen are not able to serve on behalf
of prisoners and detainees. No steps were taken to improve
recordkeeping or use alternative sentencing for nonviolent offenders,
although good behavior was a consideration for early probation.
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 AI stated that in many cases this process
was significantly flawed and failed to address legitimate complaints.
The Prosecutor's Office and State Specialized Inspection Agency
monitored prison and detention center conditions.
The government generally allowed access to independent
nongovernmental observers, but the access was limited to low- and
medium-security facilities. However, even at these facilities,
reportedly visitation requests had to be submitted in advance and the
previous relatively unfettered access afforded to NGOs was limited.
The government took several steps to improve overall conditions in
prisons and detention centers. The parliament requires video and voice
recording equipment in interrogation rooms, predetention centers, and
prisons to help prevent abuses. At the Denjin Myanga administrative
detention facility, the detention administration improved hygienic
standards by purchasing washing machines and renovating public spaces.
At year's end the GEACD reported the government invested 1.17 billion
tugrik ($841,000) in prison renovation during the year.
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.
Politicians from certain opposition parties complained about what they
characterized as the arbitrary arrest and detention of certain members
who were never formally charged. In particular authorities arrested
certain politicians under the pretext of possibly opening a case; they
were subsequently held for a period of days or weeks and then released.
The press reported such cases and interviewed those detained.
Role of the Police and Security Apparatus.--External security
forces, who reported directly to the Ministry of Defense, are
responsible for national defense but also assist internal security
forces in providing domestic emergency assistance and disaster relief.
The national police and the Border Force, who operate under the
Ministry of Justice and Home Affairs, are responsible for internal
security. The General Intelligence Agency, whose civilian head reports
directly to the prime minister, assists the aforementioned forces with
internal security as well as foreign intelligence collection and
operations.
Civilian authorities largely maintained control over both external
and internal security forces, yet mechanisms to investigate police
abuses remained inadequate, primarily because of a lack of resources to
pursue allegations. There were numerous instances of impunity involving
the security forces reported during the year. Complaints against the
police, prosecutors, and members of the judiciary were referred to the
SIU. 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 first nine
months of the year, the SIU received 50 complaints against law
enforcement officials, opened cases on seven of these complaints,
rejected 37, and transferred six to other agencies. Among these cases
there was one conviction, two dismissals, and one still under
consideration. At year's end one case before the court system was under
investigation. There were no major government actions, including
training, to reform the security forces.
It was widely reported that ultranationalist groups enjoyed
impunity due to police complacency and unwillingness to apprehend the
offenders. Ultranationalists targeted 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 to arrest a suspect. A ``pressing circumstances''
exception allows police to arrest suspects without a warrant. The U.N.
reported that two-thirds of those accused of 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 the suspect.
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 had prompt access to family members and could
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.
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 sometimes contributed to the dismissal of a case or
reduction of a recommended sentence.
Trial Procedures.--The law provides for the right to a fair public
trial by a judge, but this was undermined by frequent bribery and a
large caseload per judge. Defendants are innocent until proven guilty,
and this was respected in practice. Defendants could question
witnesses, present evidence, and appeal decisions. Juries were not
used.
In practice trials 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, to convict
defendants. Additionally, NGOs complained about witness intimidation,
limited public access to trials, and an overall lack of transparency in
court decisions.
Political Prisoners and Detainees.--There were no official reports
of political prisoners or detainees.
Civil Judicial Procedures and Remedies.--Administrative and
judicial remedies were available for alleged wrongs. Corruption,
outside influence, and lack of 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.
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.--Status of Freedom of Speech and
Press.--The law provides for freedom of speech and press, and the
government generally respected these rights in practice. Nevertheless,
government interference with licensing and indirect intimidation of the
press, particularly broadcast media, was evident.
Freedom of Press.--The media law bans censorship of public
information and any legislation that would limit the freedom to publish
and broadcast; however, political influence in the media continued to
be a problem. Observers stated that many newspapers and broadcast media
were either affiliated with political parties or owned (fully or
partly) by individuals affiliated with political parties, and that such
affiliation strongly influenced their reports. The observers also noted
underpaid reporters frequently demanded payment to cover or fabricate a
story. Additionally, 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.
Censorship or Content Restrictions.--Press representatives alleged
indirect censorship in the form of government and political party
harassment. For example, the Media Office of the General Policy
Authority sent a cooperation agreement valid for one year to all
Ulaanbaatar-based television stations. The cooperation agreement
provided safety for television stations and their journalists working
at flashpoints. In exchange for providing this safety, the agreement
imposed certain restrictions. It required the media to cooperate with
the police to broadcast reports to defuse and resolve mass disorder and
forbade the dissemination of information that encourages mass disorder
during public demonstrations or compromises public or organizational
privacy and state security.
Libel Laws.--Press representatives often faced the threat of libel
complaints and tax audits by government authorities. The law places the
burden of proof on the defendant in libel and slander cases, and both
defamation and insult were criminal charges.
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.
A representative of the LGBT Center alleged government monitoring
of LGBT persons' personal e-mail accounts and stated 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.--See the Department of State's
International Religious Freedom Report at http://state.gov/j/drl/irf/
rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The law provides for freedom of
movement within the country, foreign travel, emigration, and
repatriation, and the government generally respected these rights in
practice. The government generally cooperated with the Office of the
U.N. High Commissioner for Refugees (UNHCR) and other humanitarian
organizations in providing protection and assistance to refugees,
asylum seekers, and other persons of concern.
Foreign Travel.--Foreign residents must obtain exit visas to leave
the country. Public and private entities increasingly used the visa
requirement to pressure foreign investors to settle commercial disputes
and force some NGOs, particularly nonprofit Christian organizations, to
leave the country.
Protection of Refugees.--Access to Asylum.--The constitution
provides for the granting of asylum or refugee status, and the
government has established a system for providing protection to
refugees, yet problems persisted in a few areas. For example, by law
the procedure to acquire or reacquire citizenship should take no more
than six months, but it often took considerably longer. The Immigration
Agency asserted that under the Law on the Legal Status of Foreign
Citizens, passed in 2010, there were now clearer provisions concerning
deportation criteria. At the same time, the law provides more power to
the Immigration Agency to deport individuals seeking refugee status.
Employment.--Refugees are considered illegal migrants and as such
do not have permission to work.
Access to Basic Services.--Refugees generally lacked access to
basic services such as health care and education.
Stateless Persons.--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 lack of
awareness regarding the relevant law as a reason for statelessness.
Furthermore, the process of verification with the Kazakh government was
protracted. Adding to the confusion, the Mongolian Immigration Agency
estimated there were 40,000 ethnic Kazakhs holding both Mongolian and
Kazakhstani citizenship, despite the fact that Mongolia does not
recognize dual citizenship.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The law provides citizens the right to change their government
peacefully, and citizens exercised this right in practice through
periodic, free, and fair elections based on universal suffrage.
Elections and Political Participation.--Recent Elections.--In the
most recent presidential election, held in 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.
Political Parties.--Political parties could operate without
restrictions or outside interference, although bias within the General
Election Commission was a concern, particularly for smaller political
parties.
Participation of Women and Minorities.--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 on the
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 in
all branches and at all levels of government, particularly within the
judiciary, customs service, and law enforcement agencies. Varying
degrees of corruption at most levels of government resulted in a
blurring of the lines between the public and private sectors. Conflicts
of interest were frequent. The problem was compounded by ineffective
governmental oversight bodies and media that frequently failed to
expose corruption.
The Independent Agency against Corruption is the government body
responsible for combating corruption. While the agency was provided
with a relatively large budget and broad mandate, public faith in the
agency was low, and it was not viewed as politically impartial.
Moreover, when the agency launched corruption investigations, the
results of the investigations and subsequent court proceedings were not
made public.
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. NGOs initially
complained that one problem with the prosecution of bribery was that
both the official soliciting the bribe as well as the person compelled
to pay it are prosecuted. This led to less reporting of bribery. NGOs
reported that the problem was somewhat alleviated after the government
began granting limited immunity for those paying smaller bribes.
Members of 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, but there was a sense that high-level cases were
politically motivated.
The anticorruption agency 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 is also required to review
the asset declarations of public servants, including police officers
and members of the military, and this was carried out in practice. The
agency received 495 reports of improprieties during the first 10 months
of the year, of which it referred more than 47for criminal
investigation.
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.
Government Human Rights Bodies.--The National Human Rights
Commission (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 six-year terms. While the NHRC was not viewed
as completely independent of political influence, it was considered
somewhat effective relative to other agencies, and some of its
reporting was viewed as credible.
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 Violence.--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 maximum penalty is 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. However, no law
specifically prohibits spousal rape, which is commonly not recognized
or prosecuted. Victims were often stigmatized and accused of not
fulfilling their marital duties. As a result many NGOs blamed law
enforcement officials for spousal rape victims' silence.
During the year there were 237 rape cases, in which 336 persons
were convicted, according to the Supreme Court research center.
However, according to NGOs police referred only a small number of rape
cases for prosecution, generally claiming there was insufficient
evidence. In addition NGOs alleged 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
deterred reporting.
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, were often reluctant to intervene in
what was viewed as an internal family matter.
Arrestees were sometimes held under an administrative penalty law
rather than for domestic abuse, in which case they were fined 15,000
tugrik ($11) and detained for up to 72 hours before being released. In
addition domestic violence cannot be reported anonymously; callers must
give their names and location, thereby dissuading individuals from
reporting domestic abuse due to fear their identity might be leaked to
the perpetrator.
In 2010 there were 1,242 reported cases of domestic violence,
nearly double the 720 in the previous year. The National Center against
Violence (NCAV) believed that this was likely due to increased
awareness of the resources available as a result of media campaigns
about recent legislation changes. There have never been any domestic
violence convictions due to the fact that, while domestic violence
legislation exists, there is no implementing provision in the criminal
code. Offenders are prosecuted under other criminal codes involving
assault, infliction of injury to health, disorderly conduct, or
hooliganism. The NCAV reported that of 18 clients requesting
restraining orders, only two of the requests were granted. Moreover,
the law fails to assign responsibility to particular agencies to
execute restraining orders. The Mongolian Women's Legal Association
reported that, as a result, restraining orders were poorly monitored
and enforced. The law states restraining orders can be in effect only
as long as victims are in a shelter, thus exposing them to danger upon
their release.
The NCAV stated that in the first six months of the year, it
provided temporary shelter to 237 persons at its six locations and
provided psychological counseling to more than 1,300 individuals. 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. In total
the Ministry of Social Welfare and Labor (MSWL) provided 14.3 million
tugrik ($10,270) in the first nine months of the year to assist victims
of domestic violence.
Sexual Harassment.--There are no laws against sexual harassment.
NGOs stated there was a lack of awareness within society on what
constituted inappropriate behavior, making it difficult to gauge the
actual extent of the problem.
Sex Tourism.--According to women's NGOs, sex tourism from South
Korea and Japan remained a problem.
Reproductive Rights.--Couples and individuals have the right to
decide freely and responsibly the number, spacing, and timing of their
children and have the information and means to do so free from
discrimination. 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. According to the
U.N. Population Fund's 2011 State of the World Population Report, 61
percent of women ages 15-49 had access to modern methods of
contraception. However, observers stated that public reproductive
health-care facilities had long waiting times, a lack of
confidentiality, and unprofessional treatment by medical personnel.
Discrimination.--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. In
February the parliament enacted the Law on Gender Equality. This law
sets mandatory quotas for the inclusion of women within the government
and political parties. It also outlaws discrimination on the basis of
sex, appearance, or age. 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 mid-level 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 that 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
penalty. Women's activists said that because businesses were usually
registered under the husband's name, ownership continued to be
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, a Standing Committee on
Social Policy, Education, and Science focused on gender matters.
Children.--Birth Registration.--Citizenship is derived from one's
parents, and births generally were registered immediately, although
this was not always the case for those living in rural areas or
landfill dumpsites. Failure to register can result in the denial of
public services and ineligibility to participate in the Human
Development Fund, which entitles each registered citizen to a share of
the nation's mineral wealth as well as social welfare benefits in the
form of fixed monthly cash distributions. This particularly affected
citizens moving from urban to rural areas, who often had to wait
decades to register and receive social services in their new location.
Child Abuse.--Child abuse was a significant problem, principally
violence and sexual abuse. According to the governmental National
Center for Children, both problems were most likely to occur within
families.
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. Police officials stated that children
of abusive parents were sent to shelters, but some observers indicated
many youths were sent back to abusive parents.
Sexual Exploitation of Children.--Although against the law, the
commercial sexual exploitation of children less than 18 years of age
was a problem. According to NGOs there were instances where teenage
girls were kidnapped, coerced, or 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.
However, NGOs stated that child online pornography was not uncommon.
Furthermore, NGOs reported there was no corresponding agency to deal
with child pornography or sex advertisements on the Internet and that
police did not investigate such crimes because they did not have the
technical resources and were stretched thin with other duties.
Displaced Children.--According to the MSWL, there were 38 temporary
shelters and orphanages, six or seven of which were government-run.
There were also seven social service day care centers caring for 168
children. More than 1,100 children lived in shelters countrywide.
Approximately 120 children were living on the street and 130 at dump
sites.
Minors who ran away from or were lost or abandoned by their parents
were brought to the police-run Address Identification Center (AIC) in
Ulaanbaatar to reconnect children with their families. With a capacity
of 56, it sheltered 42 children in October. 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.
Since many of the children lacked identification cards, public
hospitals refused to provide them 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 periods were not integrated into regular schools.
International Child Abductions.--The country is not a party to the
1980 Hague Convention on the Civil Aspects of International Child
Abduction.
Anti-Semitism.--The Jewish population was very small, and there
were no reports of anti-Semitic acts during the year.
Trafficking in Persons.--See the Department of State's Trafficking
in Persons Report at http://state.gov/j/tip.
Persons With Disabilities.--The labor law prohibits discrimination
in employment and education against persons with disabilities. 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.
In February 2010 a new law took effect that mandates standards of
physical access for persons with disabilities to newly constructed
public buildings; however, by year's end the law had not been applied.
Government buildings and public transportation remained largely
inaccessible to persons with disabilities. Despite a law introducing
standards for road construction, the persistence of open manholes,
protruding obstacles, and unheeded crosswalks prevented many persons
with disabilities from moving freely.
Persons with disabilities could not fully participate in the
political process; little accommodation was made for such persons at
polling stations. There were no persons with disabilities in the
parliament. The Mongolian National Federation of Disabled People's
Organization (MNFDPO) estimated that, in the 2009 presidential
election, only 34 percent of the electorate with disabilities cast a
ballot. In comparison, the overall turnout rate for the voting age
population was 55 percent. Persons with sight and hearing disabilities
had difficulty remaining informed about public affairs due to a lack of
accessible broadcast media.
The government implemented various policies to provide benefits to
and promote respect for persons with disabilities. It provided tax
benefits to enterprises that hired persons with disabilities.
Additionally, the law requires workplaces to hire three persons with
disabilities for every 50 employees or pay a fine. However, NGOs
reported that enforcement was a problem because most companies were
reluctant to hire disabled persons and preferred to pay the fine.
Furthermore the government failed to employ individuals with
disabilities in the ratio required of employers.
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. The MNFDPO encouraged
vocational education centers to work with children with disabilities so
that they could eventually be capable of running small businesses.
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 owing to the
absence of any system for such persons. The MNFDPO stated that benefits
were provided in an ad hoc manner, often failing to meet the needs of
the recipients.
Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--Consensual same-sex sexual
conduct is not specifically proscribed by law. However, AI 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 same-sex
sexual conduct. LGBT persons reported harassment and surveillance by
police. Nonetheless, NGOs reported a marked improvement in police
investigations of crimes against LGBT individuals as well as more
respectful police treatment of victims.
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 or gender
identity. There also were reports of abuse of persons held in police
detention centers based on their sexual orientation. Some media outlets
described gay men and lesbians in derogatory terms and associated them
with HIV/AIDS, pedophilia, and the corruption of youth.
The government, while acknowledging that discrimination against
LGBT individuals was a problem, stated that social acceptance of gay
men and lesbians must be promoted before definitive steps can be taken.
The law concerning rape (Article 126 of the criminal code)
addresses only rape of female persons; rape of transgender individuals
is not a crime under the article. According to the Asia Foundation,
there were cases in which ultranationalists raped transgender persons;
in other incidents boys and men were raped. Since the criminal code
does not recognize such persons as victims, it was difficult to
prosecute such rapes.
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 same-sex sexual activity, burdening victims with the
attendant social stigma.
Section 7. Worker Rights
a. Freedom of Association and the Right to Collective Bargaining.--
The law entitles workers to form or join independent unions and
professional organizations of their choosing without previous
authorization or excessive requirements, provides for the right to
strike, and protects the right to collective bargaining. However, some
legal provisions restrict these rights for groups such as foreign
workers, public servants, and workers without formal employment
contracts. Nevertheless, all groups have the right to organize, but the
law restricts certain public servants from striking. The law protects
the right of workers to participate in trade union activities without
discrimination, and the government protected this right in general. The
law provides for reinstatement of workers fired for union activity, but
the Confederation of Mongolian Trade Unions (CMTU) states that it was
not always enforced.
The government prohibits third parties from organizing a strike.
Moreover, persons employed in essential services, which the government
defines as occupations critical for national defense and safety and
includes police services, utilities, and transportation, do not have
the right to strike. The list of essential services appeared to comply
with International Labor Organization (ILO) guidelines.
The law on collective bargaining regulates relations among
employers, employees, trade unions, and the government. Wages and other
conditions of employment are set between employers, whether public or
private, and employees, with trade union input in some cases. The
government does not allow intervention in collective bargaining by
third parties, and its own role is limited to ensuring that contracts
meet legal requirements concerning hours and conditions of work.
Laws protecting the right to collective bargaining and freedom of
association generally were enforced in practice, most often through the
courts. The tripartite Labor Dispute Settlement Committee resolves
disputes between workers and management.
In late December South Gobi Sands, a foreign-owned mining company,
was accused by former laid-off employees and the CMTU of dismissing 49
of its employees allegedly for wanting to form a union to protect their
rights to a clean and safe working environment and to ensure adequate
social protection. South Gobi Sands countered that the layoffs were a
result of financial difficulties encountered from a reduction in off-
work days coupled with salary increases.
In another case the administration failed to enforce a 2009 court
order requiring the compensation and rehiring of striking Aero Mongolia
mechanics. When the strikers subsequently picketed, police forcibly
removed the striking workers from the grounds while threatening arrest.
The government also failed to enforce the law on employment stating
that foreigners can be hired only for tasks that Mongolians cannot
carry out--the Immigration Agency granted a work visa and the MSWL a
work permit to a Dutch engineer to replace the striking workers. After
the Supreme Court ruled against it, Aero Mongolia filed a new case
during the year claiming the union to be illegal. The fired mechanics
initially reported being blacklisted as a result of their union
activities. Management ultimately hired back most but not all of the
workers.
There were also some violations of collective bargaining rights. In
a case involving the Federated Food and Agriculture Union, a
manufacturing enterprise fired 20 workers for protesting against
mismanagement of the company. The matter continued at year's end.
In a recent case, the mining agreement over Tavan Tolgoi was
challenged by CMTU on the basis that it was formed outside the
tripartite process without agreement between employers and employees on
matters relating to workers' rights and social protections. The CMTU
was also dissatisfied with the Ulaanbaatar city governor, who had not
appointed an arbitrator to resolve such issues. The CMTU's main goal
was to ensure that Mongolian labor (as opposed to foreign labor)
predominated on the project. While hiring companies argued there was
not a sufficient pool of skilled workers for technical and semiskilled
labor, CMTU countered these skilled workers were available and
underutilized. Negotiations continued between the development
companies, the government, and CMTU on balancing the interests of all
concerned parties.
b. 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.
During the year prison labor was used on construction of the
Ministry of Justice and Home Affairs building, during which one
prisoner died in an accident. According to press reports, a criminal
case was opened and the accident was under investigation. Opposition
parties also announced that they would make sure that prisoners' bank
accounts were checked to verify if prisoners were being paid for their
labor.
The NHRC stated a decline in forced labor within military units,
whereby military officials subjected subordinates to cutting firewood,
digging ditches, or working at construction sites owned by the
officials' friends or relatives. During the year the NHRC signed a
memorandum of understanding with the Mongolian Armed Forces, National
Police, GEACD, Border Force, and State Specialized Inspection Agency
not to use forced labor.
An estimated 1,500 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, their freedom of
movement and communication was restricted, and they received only an
unknown fraction of the money paid to the North Korean government for
their work.
Also see the Department of State's Trafficking in Persons Report at
http://state.gov/j/tip.
c. Prohibition of Child Labor and Minimum Age for Employment.--The
law prohibits children under the age of 14 from working; those who are
14 or 15 years of age may work up to 30 hours per week with parental
consent. The workweek for children 16 and 17 years of age is capped at
36 hours. Those under age 18 may not work at night, engage in arduous
work, or work in hazardous occupations such as mining and construction.
Labor inspectors assigned to regional and local offices are
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
privately owned enterprises. Inspectors generally did not conduct
inspections in the informal sector.
Forced 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.
Children worked informally in petty trade, construction, hotels,
restaurants, and unauthorized small-scale mining as well as scavenging
in dumpsites and herding animals. While statistics were limited,
widespread alcoholism, poverty, 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; up to 90 percent of these children were involved in
traditional animal husbandry, while only 1 percent was estimated to be
involved in mining. While the government approved the National Program
for the Worst Forms of Child Labor and revised its labor law during the
year, it had yet to allocate resources to deal with the issue. When the
ILO program to combat the worst forms of child labor concluded in 2010,
all of the joint ILO-government initiatives were discontinued or
drastically reduced due to lack of funding. Most of the ongoing
programs were funded by district and city governments, with very
limited support from the national level.
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 Labor's Findings on the Worst Forms of
Child Labor at http://dol.gov/ilab/programs/ocft/tda.htm.
d. Acceptable Conditions of Work.--The legal minimum wage was
140,400 tugrik ($100) per month. National poverty estimates are based
on population-weighted subgroup estimates from household surveys. The
surveys indicated approximately one-third of the population lived on
1,618 tugrik ($1.16) a day or less and were unable to feed themselves
sufficiently. The minimum wage, which applied to both public and
private sector workers and was enforced by the Ministry of Labor, did
not provide a decent standard of living. The problem was exacerbated by
significant inflation over the past year. Many workers received less
than the minimum wage, particularly at smaller companies in rural
areas. The minimum wage was 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. 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 by law from working overtime. 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. Workers have the right to remove
themselves from situations that endanger health or safety without
jeopardy to their employment, and authorities enforced this right.
These laws governing minimum wage and working hours generally were
enforced, but enforcement of safety standards was inadequate. Although
inspections were conducted both proactively and in response to
complaints filed, the CMTU stated the MSWL had an insufficient number
of inspectors. A CMTU representative also stated that fines imposed on
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. While
industrial accidents increased alongside industrial and mining sector
growth, most accidents occurred at unofficial construction sites and
private mining areas. Large multinational projects, such as those at
Tavan Tolgoi and Oyu Tolgoi, were better at ensuring safety standards.
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. North Korean worker
conditions were not fully known, and secrecy surrounded the contractual
agreements, labor rights, and compensation of these workers. However,
observers stated that North Korean laborers likely failed to receive
the minimum wage. In press reports, it was reported that Mongolian
companies paid North Korean workers' wages directly to the government
of North Korea. NGOs reported that Mongolian companies wishing to
employ North Korean workers could do so through mediator companies.
There were no official reports on labor exploitation, but there were
several cases in which workers, mostly Chinese, were deported without
receiving their wages. In one case an employer withheld food from
approximately 40 Chinese workers. Such instances were confirmed as
labor exploitation only if they went to court, but few if any cases
ever moved past the investigatory phase before the foreign workers
raising the complaints were deported.
__________
NAURU
executive summary
Nauru is a constitutional republic. The most recent parliamentary
elections, held in June 2010, were generally free and fair. In November
2010 Parliament reelected Marcus Stephen as president. On November 9,
Stephen resigned in the face of corruption allegations, and on November
10, Parliament elected Freddie Pitcher to replace him. A few days
later, however, Pitcher lost a no-confidence vote after an additional
Member of Parliament (MP) joined the opposition, and Sprent Dabwido
became president. Security forces reported to civilian authorities.
Few human rights problems were reported.
There were some allegations of government corruption, and there
were some instances of domestic violence, child abuse, and
discrimination against women.
Impunity was not an issue, as there were no reports that government
officials committed human rights abuses.
Section 1. Respect for the Integrity of the Person, Including Freedom
from:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the government or its agents committed arbitrary or
unlawful killings.
b. Disappearance.--There were no reports of politically motivated
disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution prohibits such practices, and there were
no reports that government officials employed them.
Prison and Detention Center Conditions.--Prison conditions
generally met international standards, and prisoners had access to
potable water. The sole correctional facility could hold up to 60
prisoners at full capacity. The facility houses a juvenile center, a
women's prison, and a main prison. During 2010 (the latest statistics
available) there were approximately 20 prisoners in detention,
including one woman and no juveniles. There were five pretrial
detainees held in the same facility. 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.
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, police assist in the investigation.
Government representatives made weekly visits to the prison.
The government affirmed it would permit monitoring visits by
independent human rights observers, but none were reported. Prisoners
had access to visitors and were permitted religious observance.
There was no ombudsman who could serve on behalf of prisoners and
detainees. Prison authorities provided daily reports to the
correctional 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 the total term based on
good behavior. The recommendations were made by correctional center
management to the secretary for justice, who issued final decisions.
The program also was 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.--The national police
under the Ministry of Police maintain internal security and as
necessary, external security. The country has no military force.
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 trial by jury, adequate time and
facilities to prepare a defense, and prohibitions on double jeopardy
and forced self-incrimination. Defendants have the right to be informed
promptly of charges and consult with an attorney or have one provided
at public expense when required ``in the interest of justice.'' They
also have the right to confront witnesses, present evidence, access
government-held evidence, and appeal convictions. Trials are public.
Bail and traditional reconciliation mechanisms rather than the formal
legal process were used in many cases, usually by choice but sometimes
under communal pressure.
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
by individuals or organizations to bring lawsuits seeking damages for,
or cessation of, human rights violations.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The constitution and law prohibit such actions, and
the government generally respected these prohibitions in practice.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--Status of Freedom of Speech and
Press.--The constitution and law provide for freedom of speech and
press, and the government generally respected these rights in practice.
Freedom of Press.--lthough there were no government restrictions,
there were few local independent media.
Internet Freedom.--There were no government restrictions on access
to the Internet or credible reports that the government monitored e-
mail or Internet chat rooms. Individuals and groups could engage in the
expression of views via the Internet, including by e-mail.
Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.
b. Freedom of Peaceful Assembly and Association.--The constitution
provides for freedom of assembly and association, and the government
generally respected these rights in practice.
c. Freedom of Religion.--See the Department of State's
International Religious Freedom Report at http://state.gov/j/drl/irf/
rpt/.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--Neither the constitution nor law
specifically provides for freedom of movement within the country,
foreign travel, emigration, and repatriation, but the government
generally respected these rights in practice.
Exile.--Neither the constitution nor law prohibits forced exile,
but the government did not use it.
Protection of Refugees.--The government had not established a
system for providing protection to refugees. There were no requests for
asylum or refugee status during the year.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution and law provide citizens the right to change their
government peacefully, and citizens exercised this right in practice
through periodic, free, and fair elections based on universal suffrage.
Elections and Political Participation.--Recent ElectionsThe most
recent parliamentary elections, held in June 2010, were generally free
and fair but did not break an existing parliamentary deadlock;
parliament remained evenly divided between government supporters and
the opposition. In November 2010 the protracted standoff was resolved
when parliament reelected Marcus Stephen as president after opposition
member and former president Ludwig Scotty accepted the position of
speaker. On November 9, however, Stephen resigned after another MP
alleged he had taken kickbacks (see section 4) and on November 10,
Freddie Pitcher replaced him as president. On November 15, Pitcher lost
a parliamentary no-confidence vote after a progovernment MP switched to
the opposition, and parliament elected Sprent Dabwido president.
Political Parties.--Political parties could operate without
restriction or outside interference, but there were no formal parties.
Participation of Women and Minorities.--There are no legal
impediments to participation in politics by women. However, women
traditionally were less prominent in politics than men. No women stood
as candidates in the parliamentary elections. The country's dually
accredited permanent representative to the U.N. 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 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. In November opposition
MP David Adeang--himself the subject of corruption allegations in
2007--asserted that then president Stephen had sought kickbacks from
foreign phosphate dealers. Stephen denied the allegations. By year's
end there had been no investigation into the matter.
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 or operation of local
human rights organizations, but no such groups existed. No
international human rights organizations maintained offices in the
country, although there were no government restrictions.
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 and Domestic Violence
Rape is a crime punishable by up to life imprisonment. Spousal rape
is not specifically identified as a crime, but police investigated and
filed charges when allegations of rape were made against a spouse.
Police investigated all reports of rape that they received, and cases
were vigorously prosecuted by the courts.
The law does not address domestic violence specifically, but
domestic violence cases can be prosecuted under laws against common
assault. The maximum penalty for simple assault is one year's
imprisonment, and for assault involving bodily harm, three years'
imprisonment.
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.
Sexual Harassment.--There is no specific law against sexual
harassment, but harassment involving physical assault could be
prosecuted under the assault laws. Sexual harassment was not believed
to be widespread.
Reproductive Rights.--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.
Discrimination.--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 country's impoverished economic circumstances often limited
opportunities for women to exercise these rights fully. While women
headed approximately one-third of all households, less than one-
quarter of heads of households engaged in paid work were female.
Overall 70 percent of male heads of households and 40 percent of female
heads of households were economically active in either paid or unpaid
work, according to the Secretariat of the Pacific Community. More than
half of the female heads of household were not working and were either
unemployed (25 percent), were undertaking other activities, or were not
able to work (29 percent).
The Women's Affairs Office was responsible for promoting
professional opportunities for women.
Children.--Birth Registration
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. The law
requires registration of births within 21 days.
Child Abuse.--Child abuse statistics were not compiled, but
anecdotal evidence indicated that some cases of abuse occurred. There
were no prosecutions for child abuse during the year. Several
nongovernmental organizations were concerned with youth and children's
issues.
Sexual Exploitation of Children.--The minimum age for consensual
sex is 17. Carnal knowledge of a girl under age 12 has a maximum
penalty of life imprisonment. 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
punishable by two years' imprisonment, and indecent treatment of a boy
under age 14 is punishable by seven years' imprisonment.
There is no specific law against child pornography.
International Child Abductions.--The country is not a party to the
1980 Hague Convention on the Civil Aspects of International Child
Abduction.
Anti-Semitism.--There was no known Jewish community, and there were
no reports of anti-Semitic acts.
Trafficking in Persons.--During the year 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 physical, sensory,
intellectual, and mental 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. The government provides a welfare benefit to
persons with disabilities. As part of aiding the participation in
society of persons with disabilities, in 2009 the government began
installing mobility ramps in public buildings. However, many buildings
in the country were not accessible. Department of Education teachers
provided rudimentary classes for a small group of students with
disabilities; classes were held at a teacher's home.
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.--More than 95 percent of the
population report their ethnicity as Nauruan. Persons of Chinese and
other Asian backgrounds constituted slightly more than 3 percent of
heads of households, and i-Kiribati made up 1.5 percent. Unlike in some
previous years, there were no reports during the year of violence
targeting minorities.
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. Freedom of Association and the Right to Collective Bargaining.--
The constitution provides for the right of citizens to form and belong
to trade unions or other associations. However, the country lacks
formal trade unions and labor laws relating to unions. Historically,
the transient nature of the mostly foreign workforce hampered efforts
to organize trade unions. The right to strike is not protected,
prohibited, or limited by law. There were no strikes during the year.
Although there are no legal impediments, collective bargaining did
not take place. A tiny private sector, mostly family-run stores and
restaurants, employed approximately 1 percent of salaried workers.
Salaries, working hours, vacation periods, and other employment matters
for government workers, who constituted more than 90 percent of
salaried workers, are governed by public service regulations.
b. Prohibition of Forced or Compulsory Labor.--The constitution
prohibits forced or compulsory labor, and there were no reports that
such practices occurred.
c. 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. The government enforced the law in the public
sector but did not conduct any workplace inspections of private
businesses during the year. Some children under 17 worked in small
family-owned businesses.
d. 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. There was no official poverty-level income figure, but
approximately 26 percent of the population lived at the subsistence
level.
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, but
most workers observed Saturdays and Sundays as holidays. There were
provisions for premium overtime pay only for public sector workers;
there were no specific regulations governing overtime for private
sector workers.
The government sets some health and safety standards, which the
Department of Human Resources and Labor enforced in the public sector.
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
executive summary
New Zealand is a parliamentary democracy. Citizens choose their
representatives in free and fair multiparty elections, most recently
held on November 26, when the National Party won 59 parliamentary seats
and formed a minority coalition government with John Key as prime
minister. Security forces reported to civilian authorities.
There were no reports of widespread human rights problems, but
indigenous persons disproportionately experienced societal problems and
ethnic minority individuals experienced societal discrimination. There
also were allegations during the year of labor abuses of crewmembers on
board foreign chartered vessels fishing in the country's Exclusive
Economic Zone (EEZ).
Violence against women also was a problem.
The government took steps to prosecute officials who committed
abuses.
Section 1. Respect for the Integrity of the Person, Including Freedom
from:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the government or its agents committed arbitrary or
unlawful killings.
b. Disappearance.--There were no reports of politically motivated
disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The law prohibits such practices, and there were no
reports that government officials employed them.
Prison and Detention Center Conditions.--Prison and detention
center conditions generally met international standards, including
availability of potable water, and the government permitted monitoring
visits by independent human rights observers.
On May 20, three men were convicted of murder in the killing of a
fellow prisoner at Auckland Prison in 2009. They were sentenced to life
imprisonment on December 16. There have been no prison inmate deaths
since this occurrence.
At year's end the prison population was 8,378. Of these, 493 were
female, 373 were between the ages of 15 and 19, and 4,273
(approximately half) were of Maori descent.
Persons accused of a crime who are 17 years of age or older are
tried as adults and, if convicted, sent to adult prisons. Prisoners
younger than 17 are managed in residential facilities operated by the
national Child and Youth Welfare Agency.
Authorities allow prisoners at least one personal visit each week
for a minimum of 30 minutes, permit religious observance, and allow
inmates to make uncensored complaints to statutory inspectors or 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.--The New Zealand Police
is responsible for internal security, and the armed forces, under the
Ministry of Defense, are responsible for external security. Civilian
authorities maintained effective control over the security forces, and
the government has effective mechanisms to investigate and punish abuse
and corruption. There were no reports of impunity involving the
security forces during the year.
Arrest Procedures and Treatment While in Detention.--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, 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 public
trial by jury, and an independent judiciary generally enforced this
right. Defendants enjoy a presumption of innocence and the right to
counsel. They also have the right to present, confront, and question
witnesses; access government-held evidence; and appeal convictions. 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.--Individuals and
organizations may seek civil judicial remedies for human rights
violations, including access to the Human Rights Review Tribunal. There
are also administrative remedies for alleged wrongs through the Human
Rights Commission (HRC) and the Office of Human Rights Proceedings.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The law prohibits such actions, and the government
generally respected these prohibitions in practice.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--Status of Freedom of Speech and
Press
The law provides for freedom of speech and press, and the
government generally respected these rights in practice. An independent
press, an effective judiciary, and a functioning democratic political
system combined to ensure freedom of speech and of the press.
Internet Freedom.--There were no government restrictions on access
to the Internet or credible reports that the government monitored e-
mail or Internet chat rooms. Individuals and groups could engage in the
expression of views via the Internet, including by e-mail.
Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.
b. Freedom of Peaceful Assembly and Association.--The law provides
for freedom of assembly and association, and the government generally
respected these rights in practice.
c. Freedom of Religion.--See the Department of State's
International Religious Freedom Report at http://state.gov/j/drl/irf/
rpt/.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons
The law provides for freedom of movement within the country,
foreign travel, emigration, and repatriation, and the government
generally respected these rights in practice. The government cooperated
with the Office of the U.N. High Commissioner for Refugees and other
humanitarian organizations in assisting refugees and asylum seekers.
Protection of Refugees.--Access to Asylum
The country's laws provide for the granting of asylum or refugee
status, and the government has established a system for providing
protection to refugees.
Durable Solutions.--The government accepts up to 750 refugees each
year for resettlement from third countries and facilitates their local
integration.
Temporary Protection.--The government processed a total of 305
requests to provide temporary protection to individuals outside the
annual quota of 750 refugees accepted for resettlement. Outcomes
included granted applications, a different visa granted on other
grounds, or individuals absconded; a specific breakdown was not
available.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The law provides citizens the right to change their government
peacefully, and citizens exercised this right in practice through
periodic, free, and fair elections held on the basis of universal
suffrage.
Elections and Political Participation.--Recent Elections.--In the
most recent general elections, held on November 26, the National Party
won 59 of 122 parliamentary seats and formed a minority government in
coalition with the ACT and United Future parties. The National-led
government also had a cooperation agreement with the Maori Party. Four
other parties were represented in Parliament: Labour, Green, New
Zealand First, and Mana.
Participation of Women and Minorities.--Women participated fully in
political life. There were 39 women among the 121 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 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 seats.
There were 21 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.
Government Human Rights Bodies.--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 50 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 enjoyed high public confidence.
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.
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.--Rape and Domestic Violence.--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 poses a continuing threat
to society. The Ministry of Justice reported no such cases during the
July-December 2010 period, the most recent publicly available data.
Domestic violence is a criminal offense. During the period July-
December 2010, police recorded 1,691 charges for ``sexual attacks,''
resulting in 659 convictions. During the same period, there were 12
charges of spousal rape with three convictions, and four charges of
``unlawful sexual connection with spouse'' with no 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.
Harmful Traditional Practices.--There were no cases of female
genital mutilation (FGM) reported in the country during the year.
However, a 2011 U.N. report commented that a growing number of women
and girls among the country's immigrant communities have been subjected
to or are at risk of FGM. The New Zealand Female Genital Mutilation
Education Programme stated that ``there is no documented evidence''
that FGM currently occurs in the country.
Sexual Harassment.--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. In the year
ending June 30, the HRC's disputes resolution team heard and resolved
60 new human rights inquiries and complaints that cited the ground of
sexual harassment. Additionally, two cases appeared before the director
of the Office of Human Rights Proceedings. In one case the director
decided to provide legal representation and the matter was before the
Human Rights Review Tribunal at year's end.
Reproductive Rights.--The government recognized the basic right of
couples and individuals to decide freely and responsibly the number,
spacing, and timing of their children free from discrimination,
coercion, or violence, and granted access to information on
reproductive health. The government does not limit access to male
contraception, and female contraception is available without parental
consent to women age 16 and older. Skilled healthcare for women was
widely available.
Discrimination.--Women enjoy the same legal status and rights as
men. While the law prohibits discrimination in employment and rates of
pay for equal or similar work, the government acknowledged that a
gender earnings gap persisted in practice. According to 2011 Department
of Labor (DoL) survey statistics, women earned more than 90 percent of
the average hourly earnings for men.
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.
Children.--Birth Registration.--Children born in the country attain
citizenship if either parent is a citizen or legal permanent resident
of the country. Children born outside the country attain citizenship if
either parent is a citizen born in the country. The law requires
notification of births by both parents as soon as ``reasonably
practicable'' (deemed as generally being within two months of the
birth), and most births were registered within this time frame.
Child Abuse.--Continuing a trend from the previous year, total
cases of identified child abuse and neglect increased approximately 11
percent in 2011 compared with 2010. According to the Ministry of Social
Development, abuse or neglect was found in around two-fifths of the
cases investigated. More public awareness campaigns were conducted to
bring attention to this issue, which was believed to have led to more
reports of concern. A disproportionately high number of reported cases
of child abuse (approximately 45 percent) involved Maori children.
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.
Sexual Exploitation of Children.--Commercial sexual exploitation of
children remained a problem. A 2007 nationwide study--the most recent
available--found that 1.3 percent of 772 surveyed sex workers were
underage. When discovered, law enforcement authorities arrested and
prosecuted 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.
The government developed in concert with nongovernmental
organizations (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.
The law prohibits child pornography and provides for a NZ$10,000
(approximately $8,000) fine of an individual, and NZ$30,000 ($24,000)
of a corporate body, 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 ($160,000) fine of a corporate body 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 ($1,600) for an individual and NZ$5,000 ($4,000) for a corporate
body. A person knowingly possessing objectionable material is liable to
a penalty of five years' imprisonment or a NZ$50,000 ($40,000) fine for
an individual or a NZ$100,000 ($80,000) fine for a corporate body. 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.
International Child Abductions.--The country is a party to the 1980
Hague Convention on the Civil Aspects of International Child Abduction.
Anti-Semitism.--The Jewish community numbered approximately 7,000.
Anti-Semitic incidents were rare.
Trafficking in Persons.--See the Department of State's Trafficking
in Persons Report at http://state.gov/j/tip.
Persons With Disabilities.--The law prohibits discrimination
against persons with disabilities in employment; education; access to
places and facilities; and the provision of goods, services, housing,
and accommodation. The government is prohibited from discriminating on
the basis of physical, sensory, intellectual, or mental disability,
unless such discrimination can be ``demonstrably justified.'' During
the year the HRC received 279 disability-related complaints, which
represented 26 percent of the total complaints received. Compliance
with access laws varied.
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.
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 Islander, and Asian communities. The program includes an
annual Diversity Forum to eliminate race-based discrimination. It was
widely attended and considered effective.
The Office of Ethnic Affairs within the Department of Internal
Affairs focuses on improving dialogue and understanding about minority
communities among the wider population.
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.
In March Parliament passed the Marine and Coastal Area Act to
replace the controversial 2004 Foreshore and Seabed Act. The new act
provides that the common marine and coastal area (formerly known as the
foreshore and seabed) cannot be sold off, and guarantees public access,
fishing, navigation, and existing use rights. Various Maori leaders
expressed differing views on its passage. The Maori Party supported
passage for addressing two fundamental rights that they contended were
not addressed by the previous act: the right to access justice through
the courts and property rights. However, some Maori groups and
individuals, including MPs, protested the bill's passage for not
providing any mechanism to claim private title of these marine and
coastal areas--meaning that the title cannot be sold and that public
access cannot be denied. Despite some initial outcry after its passage,
little public debate about the act subsequently occurred.
From January through December, the government settled three Maori
claims related to the 1840 Treaty of Waitangi, the country's founding
document. Through the end of the year, 14 additional groups signed
deeds of settlement and awaited legislation to make their deeds
unconditional. A further 12 indigenous groups, known as ``iwis,'' moved
into active negotiations, making a total of 78 iwi groups in various
stages of claims, including the final legislative phase, which occurs
after claims are settled.
Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--The law prohibits abuse,
discrimination, and acts of violence based on sexual orientation and
gender identity, and the government generally enforced the law. During
the year the HRC received 205 discrimination complaints relating to
gender identity or sexual orientation (19 percent of all complaints).
The Ministry of Justice received no reports of societal violence or
discrimination based on sexual orientation or gender identity.
Other Societal Violence or Discrimination.--The law prohibits
violence or discrimination against persons with HIV/AIDS, and no such
cases were reported.
Section 7. Worker Rights
a. Freedom of Association and the Right to Collective Bargaining.--
The law provides workers in the 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 in
practice. The law allows unions to conduct their activities without
government interference, including the right to strike, and this right
was exercised in practice. The law provides for the right of workers to
organize and bargain collectively through unions, and workers exercised
this right in practice. The law prohibits antiunion discrimination and
allows for reinstatement of workers fired for union activity. No such
cases arose during the year that required government intervention.
Contractors are not covered by most provisions of employment law
and cannot join unions, bargain collectively, or benefit from certain
leaves or overtime compensation.
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.''
To bargain collectively, unions must be registered, independent,
governed by democratic rules, and have at least 15 members. Unions may
not bargain collectively on social or political issues. Nearly all
unionized workers were members of unions affiliated with the New
Zealand Council of Trade Unions (NZCTU), a federation that included
unions representing various trades and locations. A few small,
nonaffiliated unions also existed.
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. With regard to strikes, 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. The government effectively
enforced applicable laws without lengthy delays.
A labor law amendment passed in 2010 extends to all employers the
ability of employers and employees to agree to trial periods of 90 days
or less, during which employees are not permitted to raise a personal
grievance for unjustified dismissal. Designed to improve labor-market
flexibility and encourage employment of new staff members, particularly
from groups that faced higher levels of labor-market disadvantage, this
amendment became effective on April 1. Previously, 90-day trial periods
applied only to small businesses with fewer than 20 employees. The
NZCTU criticized this reform as undermining workers' rights. However,
employees let go during the trial period may still raise a personal
grievance on the grounds of sexual or racial harassment,
discrimination, or unjustified disadvantage. If an employment problem
arises during the trial period, the employee and the employer may
access mediation services.
b. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, and the government generally enforced these
provisions effectively. There were no reports of forced labor during
the year.
c. Prohibition of Child Labor and Minimum Age for Employment.--By
law children under age 16 may not work between the hours of 10 p.m. and
6 a.m. The law also states that children enrolled in school may not be
employed, even outside school hours, if such employment would interfere
with their education. The law bans the employment of children under age
15 in hazardous industries such as manufacturing, mining, and forestry.
DoL inspectors effectively enforced these laws.
d. Acceptable Conditions of Work.--On April 1, the government
increased the minimum hourly wage by NZ$0.25 to NZ$13.00 ($10.40). The
separate new entrants' wage for 16- to 17-year-old workers was
increased to NZ$10.40 ($8.32) for nonsupervisory workers with less than
three months or 200 hours of employment. There was no official poverty-
level income figure, but researchers frequently used 50 percent of the
median income as the poverty-level income; using this measure, full-
time workers earning the minimum wage were above the poverty level. 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 for
most industries. 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.
By law employees are accorded 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.
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. The government mandates employers to provide
health insurance for their seasonal workers.
The DoL is responsible for enforcing laws governing working
conditions. 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. During the year the DoL
received 9,600 complaints of health- or safety-related workplace
incidents. Approximately 1,200 of these resulted in compliance or
enforcement action.
The NZCTU reported that in the mining and road transport
industries, lack of adequate rest in practice resulted in increased
safety risks and health risks for workers.
During the year there were allegations by unions, Maori groups, and
human rights organizations, among others, of labor abuses on foreign
fishing vessels operating in the country's territorial waters. In
August the government established a panel of inquiry to investigate and
evaluate the economic and social costs and benefits of use of foreign
chartered vessels in the country's fishing industry. The panel's
mandate included making recommendations concerning government policy on
use of such vessels and improvements in operational practices. The
panel held hearings in October and was scheduled to release conclusions
and recommendations in February 2012.
__________
PALAU
executive summary
Palau is a constitutional republic. 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.
The most significant human rights problems in the country occurred
in the areas of government corruption and discrimination and abuse of
foreign workers.
Other human rights problems that occurred during the year were
domestic violence and trafficking in persons.
The government took steps to prosecute officials who committed
abuses. Impunity was not a problem.
Section 1. Respect for the Integrity of the Person, Including Freedom
from:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the government or its agents committed arbitrary or
unlawful killings.
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. The government permits visits by independent human rights
observers; however, no visits were requested or made during the year.
Overcrowding remained a problem. There were 73 prisoners, including
four women and four juveniles. Prisoners have access to potable water.
The few female prisoners were held in separate cells but were
permitted to mingle with male inmates during daylight hours. Prison
conditions for female inmates were the same as for male prisoners.
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.
The government does not have an ombudsman. 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, 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 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.
A person arrested has the right to remain silent and to speak to
and be visited by counsel, a family member or his employer. Those
arrested must be released or charged within 24 hours, and must be
informed of the preceding rights.
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; certain crimes
warrant jury trial. Defendants enjoy a presumption of innocence, the
right of appeal and the right to consult with an attorney. 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 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 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.--Status of Freedom of Speech and
Press.--The law provides for freedom of speech including for members of
the press, and the government generally respected these rights in
practice. An independent press, an effective judiciary, and a
functioning democratic political system combined to ensure freedom of
speech and of the press.
Internet Freedom.--There were no government restrictions on access
to the Internet or reports that the government monitored e-mail or
Internet chat rooms. Individuals and groups could engage in the
peaceful expression of views via the Internet, including by e-mail.
Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.
b. Freedom of Peaceful Assembly and Association.--The law provides
for freedom of assembly and association, and the government generally
respected these rights in practice.
c. Freedom of Religion.--See the Department of State's
International Religious Freedom Report at http://state.gov/j/drl/irf/
rpt/.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The law provides for freedom of
movement within the country, foreign travel, emigration, and
repatriation, and the government generally respected these rights in
practice. The government cooperated with the Office of the U.N. High
Commissioner for Refugees and other humanitarian organizations in
providing protection and assistance to internally displaced persons,
refugees, returning refugees, asylum seekers, stateless persons, and
other persons of concern.
Protection of Refugees.--Access to Asylum.--The country's laws do
not provide for the granting of asylum or refugee status, 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.
Durable Solutions.--During the year the government provided
temporary protection to one refugee from Ethiopia.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The law provides citizens the right to change their government
peacefully, and citizens exercised this right in practice through
periodic, free, and fair elections based on universal suffrage.
Elections and Political Participation.--Recent Elections.--In
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.
Participation of Women and Minorities.--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. Five
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; however, the government did not implement the law
effectively, and officials sometimes engaged in corrupt practices with
impunity. 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 2010.
In June the chief of the Division of Fish and Wildlife was
sentenced to five years imprisonment and fined $5,000 (the U.S. dollar
is the official currency) for five criminal counts: misconduct in
public office, obstruction of justice, violation of the Code of Ethics,
conversion of public funds and aiding and abetting forgery. The five-
year imprisonment sentence was suspended.
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 U.N. 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 and Domestic Violence.--Rape, including spousal rape,
is a crime punishable by a maximum of 25 years' 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.
In November the country commemorated the Elimination of Violence
Against Women and Children with a presidential proclamation, and
government and community leaders appeared on television and radio talk
shows urging better treatment of women and children and to end the
vicious cycle of violence that all too often begins at home.
Sexual Harassment.--Sexual harassment is illegal and did not appear
to be a major problem.
Reproductive Rights.--Couples and individuals had the right to
decide the number, spacing, and timing of children, and had the
information and means to do so free from discrimination. Access to
information on contraception, and skilled attendance at delivery and in
postpartum care, were widely available 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.
Discrimination.--Women have the same legal rights as men and enjoy
those rights. 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.--Birth Registration.--Citizenship of a child is derived
from the parents. A child born to foreign national parents is
registered as a citizen of those countries. Births are registered
immediately, and there has not been a report of failure to register.
Child Abuse.--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 Office of Victims of Crimes, under the Ministry of Health's
Office on Social Health, deals with women, children, and men who are
victims of crimes. The Office of Victims of Crimes reported that most
violence or abuse against children happened in the home or place of
residence and generally involved members of the family. The Office of
Victims of Crimes worked closely with the law enforcement officers and
the Office of the Attorney General on cases involving children.
Sexual Exploitation of Children.--There were no reports of children
under age 18 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, and the penalty for statutory rape
is not more than five years' jail term. The law does not specifically
address child pornography.
International Child Abductions.--The country is not a party to the
1980 Hague Convention on the Civil Aspects of International Child
Abduction.
Anti-Semitism.--There were no reports of anti-Semitic acts.
Trafficking in Persons.--See the Department of State's Trafficking
in Persons Report at http://state.gov/j/tip.
Persons With Disabilities.--The constitution prohibits
discrimination against persons with physical or mental disabilities.
The Disabled Persons' Anti-discrimination 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. 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. The only legal mechanism
to obtain a citizenship is by blood, meaning that one of the parents
must be Palauan. Children born to noncitizens inherit their parents'
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 were no reports of cases
of violence or discrimination based on sexual orientation or gender
identity.
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. Freedom of Association and the Right to Collective Bargaining.--
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.
There is no law concerning trade union organization, collective
bargaining, or antiunion discrimination. Market forces determine wages
in the cash economy.
There are no export processing zones.
b. Prohibition of Forced or Compulsory Labor.--The law prohibits
all forms of forced or compulsory labor; however, there were reports
that such practices occurred. 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 worked with employers and employees
to address these problems.
There were no reports of forced or compulsory labor by children.
Regulations require foreign workers to be at least 21 years old to
obtain a work permit.
Also see the Department of State's Trafficking in Persons Report at
http://state.gov/j/tip.
c. 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.
See the Department of State's Trafficking in Persons Report at
http://state.gov/j/tip.
d. 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
executive summary
Papua New Guinea is a constitutional, federal, multiparty,
parliamentary democracy. On August 2, Peter O'Neill was elected prime
minister when the speaker of Parliament declared the premiership vacant
due to the prolonged illness and absence of former prime minister Sir
Michael Somare. On December 12, the Supreme Court declared O'Neill's
election unconstitutional and restored Somare as prime minister. On the
same day Parliament disqualified Somare as a member of Parliament (MP)
and reelected O'Neill as prime minister. Security forces reported to
civilian authorities, but there were some instances in which they acted
independently of civilian control.
The principal human rights abuses were severe police abuse of
detainees; violence and discrimination against women; and vigilante
killings and abuses, some related to alleged involvement in sorcery and
witchcraft.
Other human rights problems included arbitrary or unlawful killings
by police; poor prison conditions; lengthy pretrial detention;
infringement of citizens' privacy rights, particularly in highland
areas; government corruption; abuse and sexual exploitation of
children; trafficking in persons; discrimination against persons with
disabilities; intertribal violence; and ineffective enforcement of
labor laws.
Despite minor reforms to the justice system, the government
frequently failed to prosecute or punish officials who committed
abuses, whether in the security services or elsewhere in the
government, and impunity was pervasive.
Section 1. Respect for the Integrity of the Person, Including Freedom
from:
a. Arbitrary or Unlawful Deprivation of Life.--The government or
its agents did not commit any politically motivated killings; however,
police killed a number of persons during the year. According to police
reports, most killings occurred during gunfights with criminal suspects
who were resisting arrest. However, public concern about police
violence persisted.
In October a group of traditional landowners in the East New
Britain Province opposed to a controversial oil palm project told the
media that they had been assaulted by drunken police officers. The
police commissioner ordered an investigation into the allegations. At
year's end no results had come out of the investigation. On December 8,
the police commissioner issued an order withdrawing all police from
logging camps after allegations that police were abusing their powers
in dealing with opponents of logging. There were claims police in
logging camps had been involved in beating people with iron bars and
fan belts, raiding villages in the middle of the night, and
drunkenness. At year's end no investigation was conducted and no
charges brought against any officers.
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. On June 29, the Supreme Court introduced human rights rules
to fast track human rights cases through the justice system by making
it easier for the public to begin court proceedings.
In May 2010 the U.N. special representative 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, a practice that occasionally led to their deaths.
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. In 2011 Australian assistance continued toward upgrading
these facilities. 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 proper medical care facilities.
Overcrowding in prisons and police cells remained a serious problem
in some facilities. According to the correctional services
commissioner, all but five of the country's prisons experienced
overcrowding during the year. The holding capacity of the country's
prisons was 4,366 beds
At year's end there were 4,134 inmates, with overcrowding existing
in some of the prisons. Of the total number of inmates, almost one-
third were pretrial detainees. There were a total of 259 female
inmates. Within the inmate population, there were 2840 convicted
prisoners, 1140 pretrial detainees, and 154 male juveniles--consisting
of 90 convicted prisoners and 64 pretrial detainees.
In some areas infrequent court sessions, slow police
investigations, and bail restrictions for certain crimes continued to
exacerbate overcrowding.
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. Pretrial detainees were held in
the same prisons as convicted prisoners but had separate cells.
During the year, 13 of the country's 19 prison facilities had
separate accommodations for juvenile offenders; the remaining five did
not. The Catholic Church operated three juvenile reception centers to
hold minors awaiting arraignment prior to posting of bail. Human Rights
Watch (HRW) reported that juveniles routinely were held with adults in
police detention cells, where they were often assaulted by older
detainees. Police denied juvenile court officers access to police
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. There were no known steps taken to
improve recordkeeping or use alternatives to sentencing for nonviolent
offenders.
The government permitted monitoring visits by independent human
rights observers, but no visit was made during the year.
d. Arbitrary Arrest or Detention.--The constitution prohibits
arbitrary arrest and detention, and the government generally observed
these prohibitions.
Role of the Police and Security Apparatus.--The commissioner who
directs the national police force reports to the minister for internal
security. Divisions related to clan rivalries and a serious lack of
resources diminished police effectiveness and hampered internal
security activities. Police impunity was also 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. A
coroner's court also investigates and reviews cases of police shootings
of bystanders during police operations. Despite these prescribed
procedures, in many cases investigations remained unresolved. This was
largely due to a lack of funding and resources to complete
investigations, especially in rural areas where the shootings often
occurred; police officers' reluctance to give evidence against their
own colleagues involved in shootings; and public fear of retribution
from police, resulting in a lack of credible witnesses coming forward.
An Ombudsman Commission deals specifically 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 most arrests without one.
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.
Pretrial Detention.--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 a presumption of innocence and 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
hesitated 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.--Status of Freedom of Speech and
Press.--The constitution provides for freedom of speech and press, and
the government generally respected these rights in practice. 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.
Internet Freedom.--There were no government restrictions on access
to the Internet or credible reports that the government monitored e-
mail or Internet chat rooms. Individuals and groups could engage in the
expression of views via the Internet, including by e-mail.
Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.
b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The constitution provides for freedom of assembly; however,
the government often limited this right in practice. Public
demonstrations require police approval and 14 days' notice. Asserting a
fear of violence from unruly spectators, police rarely gave approval.
Freedom of Association.--The constitution provides for freedom of
association, and the government generally respected this right in
practice.
c. Freedom of Religion.--See the Department of State's
International Religious Freedom Report at http://state.gov/j/irf/rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution provides for freedom
of movement within the country, foreign travel, emigration, and
repatriation, and the government generally respected these rights in
practice. The government cooperated with the Office of the U.N. High
Commissioner for Refugees (UNHCR) and other humanitarian organizations
in providing protection and assistance to internally displaced persons,
refugees, returning refugees, asylum seekers, stateless persons, and
other persons of concern.
Protection of Refugees.--Access to Asylum.--The country's laws 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.
Durable Solutions.--In February during a special operation headed
by the police, approximately 170 illegal border crossers who lacked
proper documentation--including men, women and children from West
Papua--were peacefully repatriated from Vanimo, West Sepik Province,
following a police sweep of seven suspected Operesi Papua Merderka
camps.
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.
Temporary Protection.--The government 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.
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.
On April 4, Deputy Prime Minister Sam Abal was appointed acting
prime minister after then Prime Minister Michael Somare was found
guilty of tax-related offenses (see section 4). On August 2, Peter
O'Neill was elected prime minister when the speaker of Parliament
declared the premiership vacant due to Somare's prolonged illness and
absence. On December 12, the Supreme Court declared O'Neill's election
unconstitutional and restored Somare as prime minister. On the same day
Parliament amended the legislation to disqualify Somare as a member of
Parliament for the second time and reelected O'Neill as prime minister.
A political impasse ensued when the governor general failed to
recognize O'Neill and instead swore in Somare's minority government. On
December 21, the governor general reversed his earlier decision, citing
flawed legal advice, and recognized O'Neill as prime minister based on
Parliament's decision of December 12. At year's end Somare maintained
that he was still the rightful prime minister despite having a minority
government and indicated he was seeking further clarification from the
courts.
Elections and Political Participation.--Recent Elections.--The most
recent general election was held in 2007. Bribery, voter intimidation,
and undue influence were widespread in some parts of the country during
the election. After the election the National Court registered 53
election petitions that alleged illegal practices: by year's end, 33
petitions had been dismissed and 14 withdrawn. Two by-elections and
four judicial recounts were ordered.
In May 2010 presidential and parliamentary elections were held for
the government of the autonomous Bougainville Province. International
observers deemed the elections generally free and fair.
Political Parties.--Political parties could operate without
restriction or outside influence. In February 2010 the governor of the
National Capital District launched a new political party, the United
Democratic Front, with a stated goal of fighting government corruption.
Participation of Women and Minorities.--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 until August 2, when the government changed, and
was reappointed to the position after the Supreme Court decision on
December 12 restoring Sir Michael Somare as prime minister. There were
no female provincial governors. Unlike in previous years where there
was only one female judge, as of March 18, there were three female
judges of the National and Supreme courts. All judges sit on both
courts.
On November 23 Parliament passed a bill for a constitutional
amendment to allow for up to 22 reserved seats for women in Parliament.
At year's end Parliament had yet to muster the required two-thirds
majority vote required to allow for amendments to other related laws to
determine the number of reserved seats and entitlements of those
occupying the seats.
There were six minority (non-Melanesian) MPs. Of these, one was 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 use of public
resources to meet traditional clan obligations.
In September the government filed corruption charges against the
former minister for national planning, Paul Tientsen, for
misappropriation of funds, conspiracy to defraud the state, and abuse
of office. Tientsen fled to Australia but returned and was arrested in
November. He was re-arrested in the same month on further corruption
charges for diverting state funds to his own private company. At year's
end both cases were still before the courts.
In June 2010 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. He appealed the referral and the
suspension was overturned and he was reinstated as Minister for Finance
and Treasury until August 2, when there was a change in government. At
year's end the case was pending the court's decision on Pruaitch's
application for a stay order against the Ombudsman Commission's
decision to refer his case to the public prosecutor.
On November 3, the National Court dismissed charges against the
operations chief of the National Capital District, Andy Bawa, who was
then reinstated.
A trial remained pending in the case of MP Tonny Puana, who in
November 2010 was arrested and charged with misappropriation of funds
and false pretenses.
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 March 21, a leadership tribunal made up of three foreign judges
found former prime minister Sir Michael Somare guilty of 13 counts of
filing late and for turning in incomplete financial returns to the
Ombudsman Commission. Somare was suspended from office without pay from
April 4-18. He did not return to office following his suspension due to
his prolonged health condition. He was replaced as prime minister in
August and was dismissed as an MP in September.
In April 2010 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. A final vote on the bill proposing the amendment had not
taken place by year's end.
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.
Government Human Rights Bodies.--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. While it operated without government or
political party interference, constraints in staffing resources often
caused delays in investigations and thus in completion and release of
reports. The government did not act on the commission's 2009 report,
which concluded that then prime minister Somare was complicit in
illegal government actions in arranging the 2006 repatriation of a
former Solomon Islands attorney general, who was facing criminal
charges in Australia.
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.--Rape and Domestic Violence.--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.
Domestic violence is criminalized yet existed at high levels
throughout the country and was generally committed with impunity. 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 deterred 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 struck 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.--Sexual harassment is not illegal, and it was a
widespread problem.
Reproductive Rights.--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. The country's estimated maternal
mortality ratio exceeded 250 deaths per 100,000 live births.
Discrimination.--Although laws have provisions for extensive rights
for women dealing with family, marriage, and property disputes, gender
discrimination existed at all levels. Although some women have achieved
senior positions in business, the professions, and the civil service,
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 being purchased 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 U.N. 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, Religion
and Family Affairs was responsible for women's issues and had
considerable influence over the government's policy toward women.
Children.--Birth Registration.--Citizenship is derived through
birth to a citizen parent.
Education.--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.
Child Abuse.--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.
Child Marriage.--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.
Sexual Exploitation of Children.--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. 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.
International Child Abductions.--The country is not a party to the
1980 Hague Convention on the Civil Aspects of International Child
Abduction.
Anti-Semitism.--There was no known Jewish community in the country,
and there were no reports of anti-Semitic acts.
Trafficking in Persons.--See the Department of State's Trafficking
in Persons Report at http://state.gov/j/tip.
Persons With Disabilities.--Although the constitution prohibits
discrimination against persons with physical or mental disabilities,
there are no antidiscrimination laws. Persons with physical, sensory,
intellectual, and mental disabilities faced discrimination in
employment, education, access to health care, and provision of other
state services. 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. The number of
deaths resulting from such conflicts continued to rise due to the
increased availability of modern weapons.
On September 30, 15 people were killed during a tribal clash
between the Agarabi and Kamano tribes of the Eastern Highlands
Province. Police said guns and knives were used in the fighting and a
whole settlement was burned to the ground. On October 19 police
reported that seven people had been gunned down and several others
wounded in a tribal fight in Enga province as a result of an ongoing
conflict between two tribes from the Porgera area, which has claimed
numerous lives and lead to the destruction of property over the last
few years.
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.
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 October three men were
tortured and killed by villagers in the Pangia District in the Southern
Highlands Province for allegedly using sorcery to kill a young man. In
December six people in the West Sepik Province were killed after being
accused of witchcraft and sorcery.
In December, upon completion of a review of the Sorcery Act of
1971, the Constitutional and Law Reform Commission recommended to
Parliament that the act be repealed by the end of 2012. The government
had ordered the review in 2009.
Section 7. Worker Rights
a. Freedom of Association and the Right to Collective Bargaining.--
The law provides for the right of workers in the public and private
sectors to form and join independent unions, conduct legal strikes, and
bargain collectively; however, the government may intervene in strikes
and collective bargaining processes. Workers in the informal sector are
not covered by these laws.
The law requires that unions register with the Department of Labor
and Industrial Relations (DLIR). Although the law provides for the
right to strike for workers, the government may and often did intervene
in labor disputes to require arbitration before workers could legally
strike. Under the law the government has discretionary power to
intervene in collective bargaining by canceling arbitration awards or
declaring wage agreements void when they are contrary to government
policy.
The law prohibits both retaliation against strikers and antiunion
discrimination by employers against union leaders, members, and
organizers. However, that prohibition does not extend to workers in the
informal sector. The law does not provide for reinstatement of workers
dismissed for union activity.
The DLIR was responsible for enforcing labor laws, but did so
selectively. The DLIR did not always act to prevent retaliation against
strikers or protect workers from antiunion discrimination. The
ineffectiveness can be attributed to lack of sufficient manpower and
resources in the Labor Department.
Workers exercised the right to form and join unions in practice.
The government did not use registration to control unions; however, an
unregistered union has no legal standing and thus cannot operate
effectively. Unions were independent of both the government and
political parties.
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.
Workers in both the public and private sectors engaged in
collective bargaining. The DLIR and the courts are involved in dispute
settlement. There were no reports of violations of collective
bargaining rights.
During the year 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 nonhygienic
accommodation of workers. In July 2010 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.
b. Prohibition of Forced or Compulsory Labor.--The constitution
prohibits all forms of forced or compulsory labor, but the government
did not effectively enforce such laws and there were reports that
forced labor occurred in practice.
There were no significant government efforts to prevent and
eliminate forced labor during the year.
There were instances of women and children forced into involuntary
domestic servitude (see section 7.c.), 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
in mines and logging camps and in commercial sexual exploitation.
See the Department of State's Trafficking in Persons Report at
http://state.gov/j/tip.
c. 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.
The DLIR is responsible for enforcing child labor laws; however,
enforcement was not effective due to lack of resources and weak
penalties.
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. There were reports of child prostitution.
Also see the U.S. Department of Labor's Findings on the Worst Forms
of Child Labor at http://dol.gov/ilab/ocft/tda/htm.
d. Acceptable Conditions of Work.--The minimum wage was 100.80 kina
(approximately $41.06) per week for workers in all sectors, including
new entrants into the labor force between the ages of 16 and 21.
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. There is no prohibition on
excessive compulsory overtime. The law provides for at least one rest
period of 24 consecutive hours every week. Labor laws do not apply to
workers in the informal sector.
The DLIR is responsible for enforcing the laws on minimum wage and
hours of work, 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. Although the DLIR and the
courts attempted to enforce the laws on minimum wage and hours of work,
they were not effective, in part due to insufficient penalties to deter
violations.
Violations of wage, overtime, and occupational safety and health
laws and regulations were common in the logging, agricultural and
construction sectors due to the government's lack of manpower to
continuously monitor working conditions in these sectors. Workers in
these sectors were also subject to hazardous and exploitative
conditions.
Workers' ability to remove themselves from hazardous working
conditions depended on their workplace. Unionized workers had some
measure of protection in such situations. The law protects legal
foreign workers but many illegal foreign workers lacked full legal
protection and were vulnerable to exploitation and abuse. Informal
sector workers were similarly excluded.
__________
PHILIPPINES
executive summary
The Philippines is a multiparty, constitutional republic. May 2010
national elections--which were generally free and fair but marked by
incidents of violence and allegations of vote buying and electoral
fraud--resulted in the selection of President Benigno S. Aquino III,
members of the bicameral legislature, and leaders of provincial and
local governments. Security forces reported to civilian authorities.
Leading human rights problems were as follows: continued arbitrary,
unlawful, and extrajudicial killings by national, provincial, and local
government agents and by antigovernment insurgents; an underresourced
and understaffed justice system that resulted in limited
investigations, few prosecutions, and lengthy trials of human rights
abuse cases; and widespread official corruption and abuse of power.
Other human rights problems included allegations of prisoner/
detainee torture and abuse by security forces, violence and harassment
against leftist and human rights activists by local security forces,
disappearances, warrantless arrests, lengthy pretrial detentions,
overcrowded and inadequate prison conditions, killings and harassment
of journalists, continued internally displaced persons (IDPs), violence
against women, local government restrictions on the provision of birth-
control supplies, abuse and sexual exploitation of children,
trafficking in persons, limited access to facilities for persons with
disabilities, lack of full integration of indigenous people, absence of
law and policy to protect persons from discrimination based on sexual
orientation and gender identity, suspected vigilante killings, child
labor, and ineffective enforcement of worker rights.
The government investigated and prosecuted only a limited number of
reported abuses, and concerns about impunity persisted.
Long-running Communist and separatist insurgencies resulted in
killings of soldiers and police in armed clashes. Terrorist
organizations--Abu Sayyaf Group (ASG); Jemaah Islamiya (JI); and New
People's Army (NPA), the military wing of the country's Communist
Party--and rogue elements of the separatist Moro Islamic Liberation
Front (MILF) killed security forces, local government officials, and
other civilians. These organizations also were linked with kidnappings
for ransom, bombings that caused civilian casualties, and reports of
the use of child soldiers in combat or auxiliary roles.
Section 1. Respect for the Integrity of the Person, Including Freedom
from:
a. Arbitrary or Unlawful Deprivation of Life.--There were several
reports that security forces committed a number of arbitrary and
unlawful killings, including in connection with combat operations
between government forces and Muslim rebels in parts of the islands of
Mindanao (see section 1.g.). Killings of activists by security or
paramilitary forces as well as killings of judicial officials and local
government leaders by antigovernment insurgents continued to be serious
problems.
The Commission on Human Rights (CHR), an independent government
agency, investigated 78 new complaints of politically motivated
killings involving 95 alleged victims during the year--a decrease from
the 87 complaints investigated in 2010. The CHR suspected personnel
from the Philippine National Police (PNP) were involved in 11 of the
complaints and the Armed Forces of the Philippines (AFP) in seven
others. Suspects in the remaining complaints were members of the
terrorist NPA, ordinary citizens, or unidentified.
During the year the PNP Task Force Usig (TFU)--responsible for
investigating and monitoring killings of media members, militant/labor
activists, and foreigners--identified five new cases of killings in
2011 (using different criteria than the CHR). Of the 166 cases of such
killings recorded since 2001 and monitored by the TFU, 103 were filed
in court and prosecutors' offices, 62 were under investigation, and one
was closed. There were no convictions of state actors during the year.
Reports by nongovernmental organizations (NGOs) on the number of
alleged extrajudicial killings and torture cases during the year
varied. The NGO Karapatan (Alliance for the Advancement of People's
Rights) recorded 39 victims of extrajudicial killings by government
forces in 2011, compared with 46 victims in 2010. The credible Report
on Philippine Extrajudicial Killings: 2001-2010 recorded 21
extrajudicial killing victims from January to August 2011, compared
with 19 victims in the comparable period of 2010. The NGO Task Force
Detainees of the Philippines (TFDP) also reviewed allegations of
summary executions by government security forces. It was unable to
investigate all allegations it received but counted five cases
involving five victims of alleged summary executions by government
forces during the year, compared with nine cases involving 11 victims
in 2010.
On February 25, four unidentified men abducted Rodel Estrellado, a
farmer activist and member of Bayan Muna (a political party
representing workers' organizations) in Malilipot, Albay Province. Two
days later, his family confirmed that a body recovered in Bato,
Camarines Sur Province, was that of Estrellado. A police investigation
revealed that, hours before Rodel Estrellado's disappearance, a
military spokesperson reported that alleged NPA member ``Elmer
Estrellado'' was killed in an armed encounter in Bato and that a member
of the military based in Tigaon, Camarines Sur Province, filed a report
that same afternoon confirming the death of ``Elmer Estrellado'' in an
operation in Bato. On May 19, Estrellado's wife filed a murder case
with the Camarines Sur provincial prosecutor against nine AFP members.
Authorities transferred the case from the Camarines Sur Provincial
Prosecution Office to the Albay Provincial Prosecution Office, where
preliminary investigation continued at year's end. The AFP suspended
general court martial proceedings against the nine suspects when the
murder case was filed and relieved them of their duties and
responsibilities.
On November 30, a Manila court ordered the arrest of PNP Senior
Inspector Joselito Binayug and six other police officers (former
station commander Rogelio Rosales, Jr.; Joaquin de Guzman; Rodolfo Ong;
Dante Bautista; Nonito Binayug; and Rex Binayug) for their involvement
in the March 2010 torture and killing of detained robbery suspect
Darius Evangelista in Manila. Television carried a video of the
incident in August 2010, and authorities dismissed Binayug from the PNP
on January 14 and stripped him of his pension and other benefits.
The trial before a designated ``special court'' that began in
September 2010 of those accused of involvement in the 2009 massacre of
57 individuals in Maguindanao Province continued during the year. Of
the 196 accused individuals, 65 suspects were detained and arraigned,
28 individuals were detained but arraignment was pending, and 103
suspects remained at large (including 10 police officers and four
soldiers).
b. Disappearance.--According to credible local human rights NGOs,
government forces and antigovernment insurgents were responsible for
disappearances. During the year the CHR investigated seven new cases of
enforced disappearances, abductions, and kidnappings involving 30
victims, compared with 23 cases involving 107 victims in 2010. The CHR
investigations implicated civilian perpetrators in the kidnapping of 16
individuals; antigovernment NPA insurgents in the kidnapping of seven
individuals; and the PNP and AFP in the abduction of one victim each.
Of the 30 victims, 19 returned to their families after being released
by their captors, and two surfaced alive and reported they had not been
detained or kidnapped. The CHR investigations implicated four PNP
officials in one case and10 unidentified members of the military in
another.
The PNP Directorate for Investigation and Detective Management
(DIDM) reported that authorities began proceedings against 393 PNP
personnel during the year for various human rights violations and
resolved 80 of the cases, as follows: cases against 52 individuals were
dismissed/closed; 14 individuals were exonerated; seven individuals
were suspended; three personnel were demoted; three personnel were
dismissed from service; and one individual forfeited pay. The three
dismissed personnel were in connection with cases involving murder,
physical injury, and torture. At year's end another police officer was
undergoing summary dismissal procedures for alleged involvement in a
kidnap-for-ransom case, and authorities had investigated seven police
officers for kidnapping and dismissed one of the cases.
During the year the NGO Families of Victims of Involuntary
Disappearances (FIND) monitored four reported disappearance cases
involving four victims and members of the military and police as
suspects. As of year's end three were found alive, and one was still
missing. Two victims had been in military custody and were detained at
provincial jails facing criminal charges, while the military reportedly
released the third.
Some victims' families asserted that courts and police failed to
address adequately their complaints concerning disappearances in which
security force involvement was suspected. A limited number of cases
moved forward, and investigative and judicial inaction on previous
cases of disappearance resulted in low rates of prosecution and
conviction. Evidence of a kidnapping or killing is required to file
charges, and in many cases evidence and documentation were unavailable
or not collected. A Supreme Court rule enables family members of
alleged victims of disappearances or any person whose right to life,
liberty, and security has been violated or threatened to compel
government agencies to provide statements in court about what they know
of the circumstances of a disappearance or extrajudicial killing and
the victims' status.
On July 5, the Supreme Court upheld the CHR findings that named
First Lieutenant Harry Baliaga, Jr., an active-duty member of the
army's 56th Infantry Battalion based in Bulacan Province, as the
``principal by direct participation'' in the 2007 abduction of activist
Jonas Burgos, although it dropped former president Gloria Macapagal-
Arroyo as a respondent in the case. The court issued a writ of habeas
corpus and ordered the Court of Appeals to revive the habeas corpus
case that Burgos's mother had filed that year against the military. At
year's end the Court of Appeal's habeas corpus hearing continued.
Burgos's mother had also filed arbitrary detention charges with the
Department of Justice against Lieutenant Baliaga, Colonel Delquiades
Feliciano, Colonel Eduardo Ano, and other members of the 56th Infantry
Battalion. At year's end these charges were under preliminary
investigation.
On December 16 the Department of Justice recommended the indictment
of two Army retirees (major general Jovito Palparan, Jr., former
commander of the Seventh Infantry Division, and master sergeant Rizal
Hilario) and two active-duty military personnel (Lieutenant Colonel
Felipe Anotado, Jr., and Staff Sergeant Edgardo Osorio) for the
kidnapping and illegal detention of University of the Philippines
student activists Sherlyn Cadapan and Karen Empeno, who disappeared in
Bulacan Province in 2006. On December 19, Angeles City airport
authorities stopped Palparan, the highest-ranking military officer to
be indicted on such a charge in the last 25 years, from departing
abroad but did not detain him in the absence of a current court order.
On December 21, a court issued a hold-departure order for Palparan, and
the AFP handed over the two active-duty personnel to the PNP. At year's
end the two retirees remained at large, and the PNP, National Bureau of
Investigation, and government departments were coordinating efforts to
apprehend them.
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
reliable 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.
During the year the CHR investigated 47 cases of alleged torture
involving 56 victims, with police, military, and other law enforcement
officers identified as suspects, compared with 46 cases involving 121
victims in 2010. During the year the TFDP documented 21 cases of
torture involving 27 victims and alleged that security forces were
responsible, compared with 35 cases involving 57 victims in 2010.
Reports continued that prison guards physically abused inmates. The
CHR and TFDP reported that abuse by prison guards and other inmates was
common, but prisoners, fearing retaliation, refused to lodge formal
complaints. Women in police custody were particularly vulnerable to
sexual and physical assault by police and prison officials. Human
rights activists believed suspected ASG and NPA members in captivity
were particular targets for abuse. Authorities sometimes punished
police who committed assault or abuse.
On July 23, members of the army's Special Operations Task Force in
Basilan Province, Mindanao, arrested 39-year-old baker Abdul Khan Ajid
in Sumisip for suspected ASG membership and participation in the 2001
Lamitan siege. On July 27, Ajid's wife filed a petition for habeas
corpus, and upon a judge's order, the military presented Ajid in court
that same day. The judge committed Ajid to the Isabela City Provincial
Jail pending a determination of the legality of his arrest. As of
year's end the case was unresolved, and Ajid remained in jail. The AFP
initiated three separate investigations within 24 hours of Ajid's
appearance in public, as a result of the assignment of human rights
officers to every unit battalion size or larger. The AFP completed its
investigations on August 3, determined that Ajid had been physically
tortured and suffered serious injuries and second-degree burns during
three days in military custody, and accused three military personnel of
torture and violating the law. Authorities dishonorably discharged two
staff sergeants from active service and filed a case against Captain
Guidagen with the Efficiency and Separation Board. As of year's end
there were no criminal charges filed against the three.
There were allegations of rape and sexual harassment by PNP
officials. During the year NGO Tanggol Bayi (Defend Women) reported
that female inmates in the PNP custodial center at Camp Crame were
removed from their cellblocks at night and forced to sit with jail
officers during drinking sessions and that women prisoners were
required to massage male guards and wash their clothes.
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. Lack of potable water, poor
sanitation, and poor ventilation continued to cause health problems.
During the year the Bureau of Corrections (BuCor) and the Bureau of
Jail Management and Penology (BJMP) reported 732 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.
The BuCor, under the Department of Justice, administered seven
prisons and penal farms for prisoners sentenced to terms exceeding
three years. During the year BuCor facilities held 36,295 prisoners,
including 2,165 women. The official capacity was 17,719, resulting in
facility operation at 105 percent above capacity.
The BJMP, under the Department of Interior and Local Government
(DILG), and the PNP controlled approximately 990 city, district, and
municipal jails that held pretrial detainees, persons awaiting final
judgment, and convicts serving sentences of three years or less. The
DILG reported that BJMP jails operated at an average of 351 percent
more than designated capacity, and Manila City Jail, built to hold
1,000 inmates, held 5,300 at the start of the year.
BJMP regulations, which require male and female inmates to be held
in separate facilities and, in national prisons, overseen by guards of
the same sex, were not uniformly enforced. All BJMP- and PNP-staffed
jails had separate cells for women and minors, but 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 inmates. Girls
were sometimes held in the same cells as women. Lack of adequate food
for minors in jails and prisons was a concern (see section 6,
Children).
From January to November, BJMP and PNP jails held 66,825 prisoners,
95 percent of whom were pretrial detainees. The remainder had been
convicted of various crimes. Of the total number of prisoners and
detainees, 6,107 were adult women and 501 were minors. During the same
period the BJMP released 104 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 authorities restricted family visitation at times
for some political detainees. Prison officials noted that security
concerns and space limitations at times restricted prisoner access to
visitors. Muslim officials reported that while Muslim detainees were
allowed to observe their religion, Roman 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.
BuCor continued to automate inmate records in order to fast track
the release of qualified inmates. The PAO 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. Improvement of BuCor's prison record
facility and installation of additional equipment for updating inmates'
records continued during the year. Additional dormitories were under
construction at the New Bilibid Prison in Muntinlupa City.
Classification of inmates qualified for colony assignment continued
during the year, with a total of 1,335 inmates transferred to less
congested BuCor facilities.
BJMP paralegal officers continued to monitor and help expedite
court cases and secure needed documents from the courts for speedy
disposition of inmates' cases. Through this program, authorities
released 14,163 inmates from BJMP jails from January to November. Since
its implementation in 2008, the Supreme Court's enhanced mobile courts
program, ``Justice on Wheels,'' facilitated the release of 6,470
inmates, provided medical and dental assistance to 13,385 inmates, and
successfully mediated 6,970 cases. During the year the program
facilitated the release of 1,200 inmates and successfully mediated 140
cases in more than 20 provinces. The DILG launched its e-Dalaw (e-
Visit) system--which allows inmates to connect with their families,
locally or abroad, through supervised Internet video calls--at the
Quezon City Jail in October and the Manila City Jail on December 1. The
BuCor continued to partner with the Department of Health, international
organizations, and others to implement a tuberculosis control and
prevention program in National Capital Region jails and prisons.
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
71 cases of illegal arrest and detention involving 97 victims. The CHR
tracked 27 cases of arbitrary arrest involving 57 victims and 46 cases
of illegal detention involving 72 victims.
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. In the
AFP's 2010 Internal Peace and Security Plan, the government recognized
that achieving lasting peace, security, and economic development
requires a ``whole of nation'' approach, including increasingly
transitioning internal security functions to the PNP. The PNP leads
internal security functions in most of the country, although the AFP
continues to direct security functions in regions with a high incidence
of conflict, notably certain areas of Mindanao. The DILG directs the
PNP, which is responsible for law enforcement and urban
counterterrorism, but governors, mayors, and other local officials have
considerable influence over local police units, including approval of
top departmental and municipal officers and provision of resources.
The 138,825-member PNP has deep-rooted institutional deficiencies
and continued to suffer 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 continued to reform and professionalize the institution
through improved training, expanded community outreach, and pay raises
implemented in June.
Civilian authorities generally maintained effective control over
the PNP and AFP, although the government had insufficient mechanisms to
investigate and punish abuse and corruption. From January to August,
there were 238 administrative cases filed against 238 PNP members,
including administrative officials and officers, for various human
rights violations. Of the cases filed, 54 were resolved, and 162 were
undergoing summary proceedings as of August. The PNP dismissed three
individuals in connection with these cases. The AFP Human Rights Office
continued to monitor and review alleged human rights abuses involving
members of the military. During the year the Human Rights Office
investigated 59 reported incidents of human rights violations involving
18 AFP personnel and 24 units. Of these incidents, 22 occurred during
the year, including four concerning killings; five, torture/illegal
detention/illegal arrest; five, harassment/threats/abuse of authority;
and eight, child rights violation/occupation of schools. Investigations
conducted for human rights violations committed during the year
resulted in four dishonorable discharges and 10 personnel undergoing
general court martial proceedings or hearings with the Efficiency and
Separation Board. Authorities filed criminal charges against nine
persons in connection with the February 25 killing of Elmer Estrellado
(see section 1.a.). During the year the Office of the Ombudsman, an
independent agency responsible for investigating and prosecuting
charges of public abuse and impropriety, received 344 cases involving
military and law enforcement officers allegedly committing human rights
abuses; the cases included killings, injuries, arbitrary detention or
unlawful arrest, and torture, and most were filed against low-ranking
police and military officials. As of year's end all cases were under
investigation.
The police and military routinely provided human rights training to
their members, augmented by training from the CHR. In February the AFP
began to overhaul the education and training of individual soldiers as
directed by its 2010 plan. The AFP also continued to adhere to 2005
Presidential Memorandum Order Number 259, which states that human
rights- and international humanitarian law-related subjects must be
incorporated in all AFP education and training courses and undertaken
by all officers and enlisted personnel. Moreover, successful completion
of these training courses is required for recruitment, entry,
promotion, reassignment, designation, and foreign schooling.
The PNP maintained a network of 1,744 human rights desk officers at
the national, regional, provincial, and municipal levels. The CHR
continued to note 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 abuses.
Negative findings, however, do not preclude promotion, and there were
no reports of promotions withheld on human rights grounds as of August.
Cooperation and coordination between police and prosecutors
remained limited. Human rights groups and the CHR continued to note
little progress in implementing and enforcing reforms aimed at
improving the effectiveness of investigations and prosecutions of
suspected human-rights violations, such as the July 2010 Justice
Department Memo Circular to guide prosecutor-police cooperation in the
investigation of political and media killings. Funding for the main
government witness protection program managed by the Department of
Justice remained inadequate, and the CHR did not receive funding for
its separate witness protection program during the year. Potential
witnesses were at times unable to obtain protection due to funding
constraints or procedural delays.
Government-armed civilian militias supplemented the AFP and PNP;
the AFP held operational control of Citizens' Armed Force Geographical
Units (CAFGU), while the 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 linked state-backed militias and
private armies with numerous human rights abuses, including the 2009
massacre of 57 civilians in Maguindanao Province. The prosecution of
that case continued to proceed slowly due to its complexities and
justice system inefficiencies (see section 1.a.). Such delays continued
the perception of impunity for national, provincial, and local
government actors accused of human rights abuses.
Arrest Procedures and Treatment While in Detention.--Citizens are
required to be apprehended with warrants issued by a duly authorized
official based on sufficient evidence and 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 law permits warrantless
arrests and detention without charges for up to three days for
allegedly committing or attempting to commit acts of terrorism, but
this authority was not exercised.
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. The law provides an accused or detained person the
right to choose a lawyer and, if indigent, to have one provided by the
state. Authorities are required to file charges within 12 to 36 hours
for arrests made without warrants, with the time to file charges
increasing based on the seriousness of the crime. Lengthy pretrial
detention remained a problem, due largely to the under-resourced
justice system. The BJMP released 14,163 inmates from January to
November as part of jail decongestion programs. Large jails employed
paralegals to monitor inmates' cases, prevent detention beyond the
maximum sentence, and assist decongestion efforts.
The NPA and some Islamic separatist groups were responsible for a
number of arbitrary detentions, including kidnappings and hostage
taking for ransom.
On February 13, in San Jorge, Samar Province, AFP members arrested
Ericson Acosta, an artist, freelance journalist, and cultural worker
who was writing a human rights background document when captured. He
was arrested without a warrant, not informed of the reason for his
arrest, and denied the right to counsel. While detained in a military
camp, Acosta was allegedly subjected to prolonged interrogation and
forced to admit NPA membership. After two days he was brought to a
police station and charged with illegal possession of explosives (which
NGOs claimed were planted). On July 12, the prosecutor denied Acosta's
request that the charges be dismissed and recommended charges be filed
in court. In September Acosta sought Justice Department review of the
decision to proceed to trial. At year's end he remained in the Calbayog
City Provincial Jail, and Justice Department review was pending.
Lengthy pretrial detention remained a problem. Trials took place in
short sessions that were spread out as witnesses and court time became
available, which 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, 537 were vacant as of August. 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.
e. Denial of Fair Public Trial.--The law provides for an
independent judiciary, and the government generally respected judicial
independence in practice. Corruption through personal connections and
sometimes bribery resulted in impunity for some wealthy or influential
offenders. Overall, the judicial system continued to suffer from a lack
of sufficient personnel, inefficient processes, and long delays. The
Report on Philippine Extrajudicial Killings: 2001-2010 audited pending
cases and computed the average trial duration for extrajudicial and
enforced disappearance cases to be longer than five years. These
factors 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 as
of August.
Trial Procedures.--The law requires all persons accused of crimes
to 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 in their favor, review government evidence, and
appeal convictions; these legal requirements were generally
implemented. 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 under the Department of Justice, but their workload was
large and resources were scarce. The PAO provided legal representation
for indigent litigants at trial; however, during arraignment, courts
may appoint, at their option, 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.
Political Prisoners and Detainees.--Various human rights NGOs
maintained lists of incarcerated persons they considered political
prisoners. 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 TFDP tracked 316 political prisoners and detainees as of
year's end, an increase from the 289 individuals recorded in 2010; the
majority were pretrial detainees. The BJMP reported 149 political
detainees as of year's end, a decrease from the 389 detainees tracked
in 2010. The BJMP cited an increase in the number of released political
detainees and the transfer of detainees to BuCor prisons as reasons for
the decline in the number of political prisoners during the year.
The government used NGO lists as one source of information in the
conduct of its pardon, parole, and amnesty programs. For example, the
TFDP recorded 39 political prisoners released from prisons or detention
centers as of August.
The government permitted access to alleged political prisoners by
international humanitarian organizations on a regular basis.
Civil Judicial Procedures and Remedies.--The judiciary is
independent and impartial in civil matters. Complainants have access to
local trial courts to seek civil damages for, or cessation of, human
rights abuses. There are administrative remedies as well as judicial
remedies for civil complaints; however, cases often were dismissed.
Property Restitution.--NGOs claimed the AFP sometimes appropriated
civilian facilities or private property without providing compensation
to residents.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--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,
although leaders of communist and leftist organizations and rural-based
NGOs complained of alleged patterns of surveillance and harassment.
g. Use of Excessive Force and Other Abuses in Internal Conflicts.--
For decades the Philippines has contended with a communist insurgency
supported by a nationwide NPA presence; armed secessionist movements in
southern areas predominantly populated by persons self-identifying as
Moros; and violence from smaller, transnational terrorist organizations
(such as the ASG and JI) as well as from criminal syndicates. During
the year government forces killed a number of civilians during clashes
with these groups. Some citizen groups complained that the AFP, in
confronting the ASG and NPA, illegally detained citizens, destroyed
houses, and displaced residents. Clashes between the AFP and separatist
MILF forces, as well as incidents of interclan vendettas leading to
violence (known as rido), continued in central Mindanao and resulted in
civilian deaths and the displacement of thousands.
Killings.--Government forces acknowledged civilian deaths in the
course of their military operations against the NPA, MILF, and other
insurgent groups. During the year AFP operations killed 166 insurgents
(57 suspected NPA, 54 ASG and 55 MILF members). The PNP reported
killing 19 NPA insurgents in various operations from January to
December.
Antigovernment groups were responsible for killing AFP soldiers,
police, and civilians. Military sources reported that 113 AFP members
were killed in action during encounters with rebel and terrorist groups
during the year: 61 by the NPA, 32 by the MILF, and 20 by the ASG.
Insurgents killed 20 PNP officers as of year's end. There were media
reports that Islamic separatist groups set fire to villages.
The AFP recorded 49 bombings by insurgents that killed 12 civilians
during the year. The government suspected that ASG- or JI-linked groups
were responsible for bombings in Cotabato, Jolo, and Zamboanga cities
that killed civilians; no group(s) claimed responsibility. The
government also attributed fatal bombings in Basilan and beheadings in
Sulu provinces to the ASG. On July 28, the ASG killed seven AFP
marines, two of whom were beheaded, during an encounter in Jolo, Sulu.
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. During the year the NPA claimed responsibility for the
killings of two former rebels and a police asset in the following three
separate incidents in Batangas Province: the April 16 killing of a man
known as ``Magno'' in Balete, the April 23 killing of Dennis Ramos in
Calatagan, and the April 28 killing of police asset Richard Villarin in
Balayan. The NPA and other criminal extortion groups also harassed
government offices or burned businesses, farms, and private
communication facilities to enforce the collection of ``revolutionary
taxes.''
Abductions.--Various armed criminal and terrorist groups, including
the ASG, in Mindanao and the Sulu Archipelago kidnapped numerous
civilians. Victims often were ransomed or rescued by authorities.
During the year the ASG, NPA, and other kidnap-for-ransom groups
abducted at least 40 individuals (12 government workers and security
personnel, 10 businessmen, eight foreign citizens, three fishermen, and
seven local residents) in several areas of Mindanao (Lanao del Norte,
Basilan, Cotabato City, Sulu, and the Zamboanga Peninsula). As of
December, 32 were either rescued or released and eight remained missing
or captive. During the year the NPA accorded ``prisoner of war'' status
to four jail guards abducted on July 21 and put Mayor Henry Dano of
Lingig, Surigao del Sur Province, on trial before a ``people's court.''
On October 8 and 9, the four jail guards and Mayor Dano, respectively,
were released.
Physical Abuse, Punishment, and Torture.--Leftist and human-rights
activists reported harassment by local security forces, including rape
and abuse of detainees by police and prison officials.
Child Soldiers.--The U.N. monitored incidents of the recruitment
and use of children in armed conflicts and worked to verify these
incidents during the year. In an October 11 report, the NGO Human
Rights Watch criticized both the use of child soldiers by
antigovernment insurgent groups and the alleged AFP practice of
detaining children and fabricating stories of their child soldiering.
Government reporting mechanisms for children in armed conflict were
inconsistent between agencies and regions, especially in conflict-
affected areas due to security concerns, making it difficult to
evaluate the scope of this problem in the country. See also the
Department of State's Trafficking in Persons Report at http://
state.gov/j/tip.
In a May 2010 report, the U.N. identified the ASG, NPA, and MILF as
among the world's ``persistent violators of prohibitions on the use of
children in armed conflicts.'' According to the report, these groups
have recruited or used child soldiers at least since 2005. It noted the
progress made with the MILF when its representatives signed the 2009
action plan to prevent the recruitment and use of child soldiers and to
release children from all MILF units. During the April visit of the
special representative of the U.N. secretary general for children in
armed conflict (SRSG-CAC), MILF leadership agreed that the process of
registration of children associated with the armed group would be
completed in nine months, after which a period of reintegration and
rehabilitation of the children would begin. The government continued
its support of the UN-MILF action plan on the issue of the recruitment
and use of children in the armed conflict in Mindanao, but extension of
the plan remained pending at year's end.
In April during the visit of the SRSG-CAC, the National Democratic
Front, the political arm of the country's Communist Party, agreed to
develop a similar action plan with the U.N.
During the year the NPA reportedly 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, but there were reports that the NPA continued to use minors in
combat. AFP records showed 14 child soldiers, allegedly recruited by
the NPA, who voluntarily surrendered to authorities during the year.
The ASG continued to recruit teenagers to fight and participate in
its activities.
The May 2010 U.N. report also noted isolated cases of minors, ages
15-17, who were voluntarily recruited into the paramilitary CAFGU
entities that fall under AFP operational control. The AFP Human Rights
Office reported an incident in January of a minor inadvertently
accepted for training preparatory to appointment in a CAFGU. Upon
discovery of his real age, the minor's appointment was canceled, and he
was immediately reintegrated with his family.
Other Conflict-related Abuses.--Clashes between the MILF and AFP
continued and caused the number of IDPs to fluctuate. Most IDPs were in
the central Mindanao provinces of Lanao del Norte, Cotabato, and
Maguindanao (see section 2.d.). The AFP sometimes used civilian
facilities, such as schools, to quarter soldiers during military
operations in remote areas, which interfered with their normal
activities.
The NPA continued to subject military personnel, police, local
politicians, and other persons to its so-called courts for ``crimes
against the people'' and executed some of the ``defendants.'' The MILF
also maintained its own ``people's courts.''
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--Status of Freedom of Speech and
Press.--The constitution provides for freedom of speech and press, and
the government generally respected these rights in practice.
Freedom of Press.--The independent media were active and expressed
a wide variety of views without restriction, including criticizing the
government. Most media outlets were criticized for lacking rigorous
journalistic standards and reflecting 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.
Violence and Harassment.--Journalists continued to face harassment
and threats of violence from individuals critical of their reporting.
Human rights NGOs frequently criticized the government for failing to
protect journalists. The National Union of Journalists continued to
accuse police and local elected officials of subjecting journalists to
harassment and surveillance as well as failing to investigate killings
of journalists.
The NGO Center for Media Freedom and Responsibility reported eight
journalists killed and contended that five of them were killed while
carrying out journalistic tasks. The TFU, which also tracks killings of
media practitioners, classified two of these cases as work-related
killings, part of its recorded 41 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 established solely to investigate the case (see
section 1.a.).
In an April 17 open letter to the president, members of the press,
together with journalism professors from the University of the
Philippines and student journalists with the College Editors Guild of
the Philippines, warned that ``.failure to prosecute the killers of
journalists as well as those of political activists.is sending the
dangerous signal that.killings can continue during your watch without
the perpetrators being punished.''
On September 7, the secretary of justice replaced the original
panel of prosecutors and ordered a reinvestigation of the case of the
January 24 shooting and killing of Radio Mindanao Network commentator
and antimining advocate Gerardo Ortega in Puerto Princesa City, Palawan
Province. Authorities had filed murder charges at the prosecutor's
office against 10 individuals, including well-known government
officials, but on June 8, the Justice Department dismissed the cases
against six individuals, including the officials, and found probable
cause to proceed only against the other four. Ortega's case was pending
reinvestigation at year's end.
Authorities used criminal defamation prosecutions, with the
possibility of imprisonment and fines, to harass and intimidate
journalists. For example, an Iligan City councilor's defamation
complaint (he had been accused of lying on air about the city budget)
resulted in the April 18 arrest of Radio DxRJ journalist Alberto
Loyola; he was released on bail pending trial.
Internet Freedom.--There were no government restrictions on access
to the Internet or credible reports that the government monitored e-
mail or Internet chat rooms. Individuals and groups could engage in the
expression of views via the Internet, including by e-mail.
Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events, although student
groups at some universities accused security forces of harassing
student political groups. The Cultural Center of the Philippines closed
an exhibit in August after Roman Catholic and lay groups filed charges
against the center director, the board, and an artist for displaying a
piece of art it considered indecent.
b. Freedom of Peaceful Assembly and Association.--The law provides
for freedom of assembly and association, and the government generally
respected these rights in practice.
c. Freedom of Religion.--See the Department of State's
International Religious Freedom Report at http://state.gov/j/drl/irf/
rpt/.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution provides for freedom
of movement within the country, foreign travel, emigration, and
repatriation, and the government generally respected these rights in
practice. The government cooperated with the Office of the U.N. High
Commissioner for Refugees (UNHCR) and other humanitarian organizations
in providing protection and assistance to IDPs, refugees, returning
refugees, asylum seekers, stateless persons, and other persons of
concern.
Foreign Travel.--The government limited foreign travel in several
respects, such as when a citizen had a pending court case, and
discouraged travel by vulnerable workers to areas in which they faced
personal security risks, including the risk of being exploited or
trafficked. 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, Syria, and Lebanon. The
Philippine Overseas Employment Administration sought to regulate and
control departures for work abroad and required citizens to register
with government agencies and receive predeparture screening, training,
and certification before traveling for employment overseas to ensure
workers were not being exploited or trafficked.
Internally Displaced Persons (IDPs).--The four-decade-long conflict
between the government and Moro armed groups, sporadic interclan
fighting, and severe flooding in Mindanao generated significant
internal displacement in 2011. There were continuing counterinsurgency
campaigns against the ASG, primarily in Sulu and Basilan provinces,
plus clashes with the NPA in most provinces--but mainly in remote areas
of Negros Oriental, Surigao del Sur, Davao del Norte, and Compostella
provinces--that caused sporadic and small-scale displacement.
The U.N. Office for the Coordination of Humanitarian Affairs
estimated the number of IDPs at more than 46,000 as of October,
including approximately 10,000 resulting from 50 interclan incidents
between January and October. In addition, Tropical Storm Washi in mid-
December killed more than 1,000 persons and affected approximately
722,000 across 13 provinces, according to the government's National
Risk Reduction and Management Council. As of year's end more than
73,000 storm-related IDPs remained in 55 evacuation centers.
Two years after hostilities ended between the AFP and MILF, the
Office of the Presidential Adviser on the Peace Process (OPAPP)
reported in July that 4,538 displaced families--a substantial reduction
from previous years--were living in camps and relocation sites in
southern Mindanao, with a majority in Maguindanao Province. The NGO
Internal Displacement Monitoring Center (IDMC) reported a February
figure of approximately 15,000 IDPs remaining in camps. Other IDPs were
living in informal settlements or with host communities in both rural
and urban areas, but they were not included in official government
data, and although estimated by the IDMC to number several thousand in
February, their precise number remained unknown.
In August the government launched the PAMANA (Peaceful and
Resilient Communities) program, a peace and development effort to
respond to the needs of communities countrywide that were affected by
armed conflict. PAMANA adopts a ``whole of nation'' strategy in which
all government agencies as well as civil society organizations and
donor groups pool efforts and resources to help empower families in
conflict areas. During the year the government launched the IDP Shelter
Assistance Project with a 195-million-peso (approximately $4.5-million)
fund to build 2,815 shelters for displaced families in the provinces of
Maguindanao and North Cotabato.
Government agencies, often with support from U.N. agencies and
other international donors, provided food assistance and other goods
(although NGOs noted that food aid was sometimes delayed); constructed
shelters and public infrastructure; repaired schools; built sanitation
facilities; offered immunization, health, and social services; and
provided cash assistance and skills training. The government permitted
humanitarian organizations access to IDP sites. Security forces did not
target IDPs, but military operations were sometimes carried out near
IDP sites, which risked casualties and damage and restricted freedom of
movement. At times the government encouraged IDPs to return home, but
they often were reluctant due to insecurity and food scarcity. The IDMC
speculated that some also remained because they had better access to
basic facilities and livelihood opportunities than in their home areas.
Protection of Refugees.--Access to Asylum.--No comprehensive
legislation provides for granting refugee status or asylum. The Justice
Department refugee unit determines which asylum seekers qualify as
refugees. During the year the department received 21 asylum
applications; at year's end it had granted one, denied seven, and
continued 13 under review.
Safe Country of Origin/Transit.--The government cooperated with the
UNHCR and other humanitarian organizations in assisting refugee transit
through the country. As of October the Justice Department reported 97
transiting refugees in country, not including emergency transit. A 2009
Department of Foreign Affairs-UNHCR memorandum of agreement permits the
emergency transit of refugees through the Philippines for onward
resettlement in another country, and the UNHCR recorded the transit of
243 such 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, free,
and fair elections based on universal suffrage.
Elections and Political Participation.--Recent Elections.--In May
2010 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
procedural problems caused extensive polling delays. International and
national observers viewed the election as generally free and fair, but
there were numerous incidents of violence and allegations of fraud in
some areas. The PNP recorded 180 election-related violent incidents
that resulted in the deaths of 55 individuals between January and June
2010. The Commission on Elections (COMELEC) recorded 96 election-
protest cases filed due to allegations of vote buying, anomalies, and
irregularities. As of year's end 16 were resolved, and the remaining
cases were pending investigation or a motion for reconsideration.
On November 18, authorities arrested Congresswoman and former
president Gloria Macapagal-Arroyo in Manila on charges of electoral
fraud and tampering with 2007 senatorial elections, following action by
COMELEC. At year's end she was under hospital arrest at the Veterans
Memorial Medical Center in Quezon City.
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.
Participation of Women and Minorities.--There were no restrictions
in law or practice on participation by women and minorities in
politics. There were three women in the 24-seat Senate and 64 women in
the 285-seat House of Representatives. There were six women in the 32-
member cabinet, two female associate justices on the 15-member Supreme
Court, 16 women among the 80 governors, and 298 women among the
1,621mayors.
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. Muslims, indigenous groups, and other
citizens argued that electing senators from a nationwide list favored
established political figures from the Manila area and preferred
therefore the election of senators by region, which would require a
constitutional amendment.
Section 4. Official Corruption and Government Transparency
The law provides criminal penalties for official corruption, but
corruption remained a very serious problem, and in spite of government
efforts to file charges and obtain convictions in a number of cases,
officials engaged in corrupt practices with relative impunity. To
combat this problem, the constitution established the independent
Office of the Ombudsman and the Sandiganbayan (an anticorruption
court). Public officials were subject to financial disclosure laws.
On December 28, the Office of the Ombudsman filed graft and
corruption charges at the Sandiganbayan against former president Gloria
Macapagal-Arroyo in connection with the cancelled $329 million National
Broadband Network project agreement with China's ZTE Corporation. Also
charged with graft were former first gentleman Jose Miguel Arroyo,
former transportation and communication secretary Leandro Mendoza, and
former COMELEC chairman Benjamin Abalos. During the year the government
obtained convictions against 52 officials in 171 corruption cases,
including those on June 22 of a mayor of the municipality of Leyte and
a former mayor in Nueva Ecija Province.
There were reports of widespread corruption among prison guards and
some prison officials, complaints of judicial workers accepting bribes
or being threatened to delay or derail cases, and accusations that PNP
members solicited bribes and conducted illegal acts.
The law provides for the right to information on matters of public
concern, but there is no legislation that defines procedures for such
access or penalties for officials who fail to disclose lawfully
available data. Denial of such information has occurred, especially
when related to an irregularity in government transactions. Several
government departments posted contracts and bid documents online for
public viewing, but overall, little government information was
available during the year.
On July 26, the Supreme Court denied an appeal seeking reversal of
the court's decision declaring unconstitutional the creation of the
Philippine Truth Commission that had been established in 2010 to
investigate presidential corruption.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
U.N. and Other International Bodies.--A number of 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. According to the government, 14 U.N. special rapporteurs
submitted visit requests, and four visits were scheduled for 2012.
Human rights activists continued to encounter occasional
harassment, mainly from security forces or local officials from areas
in which incidents under investigation took place. On December 21, the
U.N. special rapporteur on the situation of human rights defenders
noted that defenders in the Philippines faced a high risk of harm when
working on problems connected with land and the environment, including
killings, assaults, ill treatment, and threats.
Government Human Rights Bodies.--The CHR continued to fulfill its
mandate to protect and promote human rights; investigate all human
rights violations, including those requested by NGOs; and monitor
government compliance with international human rights treaty
obligations. Nonetheless, according to the CHR, its monitoring and
investigation of alleged violations continued to face difficulties due
to insufficient resources: Its nationwide 2011 budget of approximately
267 million pesos ($6.2 million) was 6 percent less than in 2010.
Approximately three-quarters of the country's 42,000 villages have
human rights action centers, which coordinated with CHR regional
offices. Nevertheless, the CHR believed that it lacked sufficient
funding and staff to investigate and follow up all cases presented to
its regional and subregional offices.
The Office of the Ombudsman is an independent agency with
jurisdiction to handle complaints regarding all public officials and
employees. In March the House of Representatives impeached the
ombudsman, Merceditas Gutierrez, and on May 6, three days before a
Senate trial, she resigned. Gutierrez had been criticized for
inefficiency and inability to prosecute high-profile cases, and she
also suffered from low public confidence due to her perceived close
ties to the family of former president Gloria Macapagal-Arroyo. Retired
Supreme Court associate justice Conchita Carpio-Morales became
ombudsman in July. Although many human rights NGOs perceived the
appointment of the new ombudsman as a welcome development, concerns
remained regarding the office's administrative and institutional
weaknesses.
The House of Representatives and the Senate have committees on
human rights and justice. Credible NGOs reported that both lacked
effectiveness and were unable to attain final passage of laws aimed at
minimizing domestic human rights abuses. Many human rights bills passed
by the two committees remained stagnant in the Senate and House during
the year.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution and law prohibit discrimination against women,
children, persons with disabilities, and minorities; however, vague
regulations and budgetary constraints hindered implementation of these
protections.
Women.--Rape and Domestic Violence.--Rape, including spousal rape,
is illegal, with penalties ranging from 12 years' imprisonment to a 40-
year sentence with no option for pardon or parole until 30 years have
been served (reclusion perpetua) plus a lifetime bar from political
office. Penalties for forcible sexual assault range from six to 12
years' imprisonment. The NGO Tanggol Bayi (Defend Women) criticized the
government for failing to protect rape victims adequately and provide a
safe environment for cases to be filed. During the year the PNP
received 1,059 rape cases: 1,038 were filed in court, four were under
investigation, and 17 were referred to other agencies for further
investigation. Statistics were not available on prosecutions,
convictions, and punishments during the year for cases filed by the
PNP, although the BuCor reported that its prisons and penal farms held
6,967 prisoners convicted of rape, 5,381 of whom were serving 40-year
sentences, while another 30 were serving life sentences. There
continued to be 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--including allegations of rape perpetrated by
PNP officials.
Domestic 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. During the
year the PNP reported 8,332 cases of domestic violence against women
and children: 7,997 were filed in court, 54 were under investigation,
159 were settled, and 122 were referred to other agencies for further
investigation. Statistics were not available on prosecutions,
convictions, and punishments during the year for cases filed by the
PNP. The Department of Social Welfare and Development (DSWD) extended
assistance to 760 victims of wife beating from January to September--
statistics that likely significantly underreported 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 DSWD both maintained help desks to assist victims of
violence against women and to encourage the reporting of crimes. With
the assistance of NGOs, the CHR, and the Philippine Commission on Women
(PCW)--a government agency--officers received gender-sensitivity
training to deal with victims of sexual crimes and domestic violence.
The PNP maintained a central women and children's unit and 1,823 women
and children's desks throughout the country to deal with these matters.
Sexual Harassment.--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.
Sex Tourism.--Although prostitution was illegal, sex tourism--with
clients from domestic sources, the United States, Europe, Australia,
the Middle East, and other East Asian countries--continued during the
year.
Reproductive Rights.--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.
During the year several village authorities proposed or issued
ordinances limiting the use of contraceptives. For instance, in January
Ayala Alabang Village, an exurb of Metro Manila, and in March seven
villages in Bataan Province issued ordinances banning condoms and other
forms of modern contraceptives without a medical prescription. While
artificial contraception could be purchased on the open market in most
areas, it remained unaffordable for many of Manila'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. The Department of Health
trained rural health physicians in diagnosis and treatment, but local
health offices faced resource constraints. According to the 2008
National Demographic Health Survey, 91 percent of pregnant women had at
least four prenatal care visits, 44 percent of births were facility
based, and 62 percent of births were attended by skilled birth
attendants.
Discrimination.--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 regarding the ownership, acquisition, management,
administration, enjoyment, and disposition of property and assets.
Married women generally have property ownership rights equal to married
men. However, in Muslim and indigenous communities, property ownership
law or tradition grants married males more property ownership rights
than married females.
No law mandates nondiscrimination based on gender in hiring
practices, and women in the labor force reportedly earned 37-47 percent
less than men. Some labor unions claimed female employees suffered age
discrimination and punitive action when they became pregnant. Although
women faced workplace discrimination, they continued to occupy
positions at all levels of the workforce. In a July labor-force survey,
58 percent of government officials, corporate executives, managers, and
supervisors were women. The survey also revealed that of the 2.8
million unemployed persons, 37.4 percent were women.
The law does not provide for divorce, although courts generally
recognized the legality of divorces obtained in other countries if one
of the parties was a foreign national. Marriage may 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 law provides that
in child-custody cases resulting from annulment, illegitimacy, or
divorce in another country, children under age seven are placed in the
care of the mother unless there is a court order to the contrary.
Children age seven and older normally also remain with the mother,
although the father may dispute custody through the courts.
The PCW, composed of 10 government officials and 11 NGO leaders
appointed by the president, is the primary policy-making and
coordinating body on matters of women and gender equity. During the
year the PCW continued to advocate for passage of the reproductive
health and domestic helper's bills, both of which were pending in
Congress, and stepped up its campaign against violence against women.
Children.--Birth Registration.--Citizenship is derived by birth
within the country's territory or from one's parents. The government
continued to promote birth registration; health facility-based births
were immediately registered, while those occurring outside facilities
were less likely to be registered immediately, if at all. Credible NGOs
confirmed their previous estimates that there were more than two
million unregistered children in the country, primarily among Muslim
and indigenous groups. Children could be deprived of education if they
lacked required documents, such as birth certificates. The DSWD
continued working closely with local governments to address this
deficiency.
Education.--Elementary and secondary education is free and
compulsory through age 11, but the quality of education remained poor,
and access was not universal. The Department of Education's 2011
education sector assessment showed approximately six million out-of-
school youth. According to the 2008/2009 Philippines Human Development
Report, the Autonomous Region in Muslim Mindanao had the highest
percentage of illiterate and out-of-school youths in the country (17
percent, compared with 6 percent nationally), mainly due to poverty;
insufficient access to information and opportunity; and a lack of
peace, order, and security.
Child Abuse.--Child abuse remained a problem. From January to
September, DSWD offices served 5,095 victims of child abuse, 64 percent
of whom were girls. Approximately 38 percent of the girls were victims
of sexual abuse. UNICEF praised the country's laws protecting children
in its Annual Country Report 2010 but noted that enforcement
``remain[ed] a challenge.'' Several cities ran crisis centers for
abused women and children. Foreign and domestic pedophiles abused and
exploited children, and the government continued its efforts to
prosecute accused pedophiles and deport foreign ones.
Sexual Exploitation of Children.--The minimum age for consensual
sex is 12 years. 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 plus a lifetime bar from political office. Child
pornography is illegal, and penalties range from one month to life in
prison plus fines from 50,000 to five million pesos (approximately
$1,150 to $115,000), depending on the gravity of the offense. Despite
these penalties, law enforcement agencies and NGOs reported that minors
continued to be used unlawfully in the production of pornography and in
cybersex activities.
Child prostitution continued to be a serious problem, and the
country remained a destination for child sex tourism. Of the 5,095
victims of child abuse whom DSWD offices served from January to
September, approximately 3 percent were victims of sexual exploitation.
The National Bureau of Investigation and the PNP worked closely with
the Department of Labor and Employment (DOLE) to target and close
facilities suspected of prostituting minors. During the year DOLE
closed six establishments that had recruited 31 minors; trials
continued at year's end.
Displaced Children.--UNICEF estimated in 2009 that there were
250,000 street children, many of whom appeared abandoned and engaged in
scavenging or begging. During the year the DSWD provided services to
617 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 6,
Other Societal Violence). Displacement affected children in central
Mindanao, but generally they had access to government services (see
section 2.d.).
Institutionalized Children.--The law and executive orders provide
for the welfare and protection of institutionalized 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, as of November 501
minors were held in ``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, although there were three DSWD detention centers
for children in Manila. During the year government agencies and NGOs
transferred 446 minor prisoners to DSWD rehabilitation centers, of
which there were 11, and continued to work to secure the release of
minors wrongfully imprisoned or younger than age 15. NGOs believed that
children held in integrated conditions with adults were highly
vulnerable to sexual abuse, recruitment into gangs, forced labor,
torture, and other mistreatment.
International Child Abductions.--The Philippines is not a party to
the 1980 Hague Convention on the Civil Aspects of International Child
Abduction.
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.--See the Department of State's Trafficking
in Persons Report at http://state.gov/j/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 formulated
policies and coordinated 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.
DOLE's Bureau of Local Employment maintained registers of persons with
disabilities that indicate their skills and abilities, monitored
private and public places of employment for violations of labor
standards regarding persons with disabilities, and promoted the
establishment of cooperatives and self-employment projects for persons
with disabilities. One reliable NGO reported that the government
continued to have 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. From January to September, the DSWD provided services to
2,684 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, but many stops continued to have
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 them
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, although persons with mental disabilities are
disqualified from voting. Persons with physical disabilities may have
the assistance of a person of their choice in order to vote. In
practice many persons with disabilities did not vote because of the
physical barriers described above.
Indigenous People.--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 the NGO Alliance of Indigenous Peoples' Organizations in
the Philippines (KAMP), only a few government units in the country
complied with the longstanding legal requirement 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 actively
recruited them. The Task Force for Indigenous Peoples' Rights (TFIP)
continued to lobby 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. The TFIP
and KAMP reported a number of killings of indigenous persons opposed to
mining interests and lobbied against encroachment by mining companies
on indigenous land.
From January to August, the National Commission on Indigenous
People (NCIP) reported five cases of human rights violations due to
land conflict, including the May 17 killing of Agta tribal leader
Armando Maximino in Casiguran, Aurora Province. The violations included
harassment, intimidation, and displacement of indigenous people by
government security forces in Tanay, Rizal Province; Iriga City; and
Bayog, Zamboanga del Sur Province. The NCIP referred these cases to the
CHR, PNP, and OPAPP; all were under investigation at year's end. 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 of
Certificates of Ancestral Land and Ancestral Domain Titles covering
more than 458,000 acres of land claimed by indigenous people from
January to August. It awarded such ``ancestral domain lands'' based on
communal ownership, stopping sales of the lands by tribal leaders. In
addition, the NCIP considers ``ancestral sea'' claims, since some
indigenous groups--such as the Sama-Bajau, which customarily resided in
fishing areas of western Mindanao, Malaysia, and Indonesia--
traditionally practiced migratory fishing. Approvals have been limited,
and a large number of the Sama-Bajau have been displaced from western
Mindanao by continuing conflict, poverty, and lack of access to
ancestral seas.
Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--A coalition of lesbian, gay,
bisexual, and transgender (LGBT) NGOs submitted a midyear report to the
U.N. Universal Periodic Review that criticized the government for the
absence of law and policy to protect persons from discrimination based
on sexual orientation and gender identity. From January to August, the
NGO Philippine LGBT Hate Crime Watch recorded 29 killings of LGBT
individuals, linked the killings to prejudice or hate crimes, and
referred them to the CHR and PNP for investigations, which were pending
at year's end. LGBT NGOs reported societal discrimination based on
sexual orientation and gender identity, including in employment and
education.
Other Societal Violence or Discrimination.--Vigilante groups,
including some with suspected ties to state actors, were suspected of
summary killings of alleged adult criminals and minors involved in
petty crime in the six major cities of Metro Manila, Cebu, Cagayan de
Oro, Tagum, Davao, and General Santos. For example, the NGO Coalition
Against Summary Execution recorded 71 cases of suspected vigilante
killings in Davao City from January through September.
The law prohibits discrimination against persons with HIV/AIDS and
provides for basic health and social services for them. However, there
was some evidence of discrimination against HIV/AIDS patients in the
government's provision of health care, housing, and insurance services.
Section 7. Worker Rights
a. Freedom of Association and the Right to Collective Bargaining.--
The law provides for the right of most Filipino workers, with the
exception of the military and police, to form and join trade unions.
Laws also prohibit organizing by short-term contract and foreign-
national workers, unless a reciprocity agreement exists between the
countries. Labor laws apply uniformly throughout the country, including
in the Special Economic Zones (SEZs).
Strikes in the private sector are legal, although unions are
procedurally required to provide strike notice, respect mandatory
cooling-off periods, and obtain majority-member approval before calling
a strike. By law the reason for striking must be relevant to the labor
contract or the law, and all means of reconciliation must have been
exhausted. The law provides that union officers who knowingly
participate in an illegal strike may be dismissed and, if convicted,
imprisoned for up to three years, although there has never been such a
conviction.
Government workers are prohibited from joining strikes under threat
of automatic dismissal. Instead, government workers may file complaints
with the Civil Service Commission, which handles administrative cases
and arbitrates disputes between workers and their employers.
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. Use of short-term contractual labor, particularly
by large employers, continued to be prevalent. Some employers choose to
employ such workers, who are not permitted to organize with long-term,
``regular'' workers, as a means of minimizing unionization.
By law antiunion discrimination, especially in hiring, constitutes
an unfair labor practice and can carry criminal or civil penalties.
There is no explicit provision to provide for reinstatement.
DOLE has general authority to enforce laws on freedom of
association and collective bargaining. Allegations of intimidation and
discrimination in connection with union activities are grounds for
review before the quasi-judicial National Labor Relations Commission
(NLRC) as possible unfair labor practices. Before disputes reached the
NLRC, DOLE provided mediation services through a board, which settled
most of the unfair labor practice disputes. Through the mediation
board, DOLE also worked to improve the functioning of labor-management
councils in companies that already had unions.
The DOLE secretary--and in some special cases, the president--may
intervene in some labor disputes by assuming jurisdiction and mandating
a settlement if either official determines that the strike-affected
company is vital to the national interest. Labor rights advocates
criticized the government for intervening in labor disputes in sectors
that they contended were not vital to the national economy. During the
year DOLE reported two strikes involving 3,828 workers in the industry
and services sector.
Collective bargaining was practiced, but it was subject to
hindrance by employers, and union leaders were subject to reprisal. In
the public sector, collective bargaining was limited to a list of terms
and conditions of employment that could be negotiated between
management and public employees. Nonnegotiable items were those that
required appropriation of funds, including healthcare and retirement
benefits, and those that involved the exercise of management
prerogatives, including appointment, promotion, compensation, and
disciplinary action.
Created in 2010, the National Tripartite Industrial Peace Council
(NTIPC) serves as the main consultative and advisory mechanism
concerning labor and employment. It functions primarily as a forum for
tripartite advice and consultation among organized labor, employers,
and government in the formulation and implementation of labor and
employment policies. It also serves as the central entity to monitor
recommendations and ratifications of International Labor Organization
(ILO) conventions. DOLE, through the NTIPC, is charged with
coordinating the investigation, prosecution, and resolution of cases
pending before the ILO concerning allegations of violence and
harassment directed at labor leaders and trade union activists. During
the year DOLE assumed jurisdiction in five labor dispute cases.
In practice trade unions were independent of the government. Unions
have the right to form or join federations or other labor groups, and
many join national and international confederations. According to union
leaders, however, management frequently threatened union members with
dismissal and sometimes illegally dismissed union organizers during the
year. Additionally, the military maintained a presence in some
workplaces and interfered in labor disputes.
Killings and harassment of labor leaders and advocates continued to
be a problem, although to a lesser extent than in the mid-2000s. During
the year the Center for Trade Union and Human Rights (CTUHR) documented
four cases involving killings of five labor leaders, compared with five
killings in 2010. For example, on March 8, unknown assailants killed
Cielito Baccay, a union officer and founder of the Maeno-Giken Workers
Organization (MAGIKWO) in Dasmarinas, Cavite Province. Some labor
groups linked this killing to the continuing dispute between MAGIKWO
and the management of Maeno-Giken, Inc. and suspected that the incident
was a form of harassment and union busting. Management denied any
connection to the killing, and the case remained under investigation as
of year's end.
In addition, during the year the CTUHR documented 11 cases of
threats, harassment, and intimidation affecting 73 workers and labor
advocates, 11 cases of physical assault, and three cases of protests
violently dispersed.
On April 1, DOLE reaffirmed its December 2010 ruling in favor of
the association representing flight attendants and stewards of
Philippine Airlines (PAL), which granted back-salary increases, a
compulsory retirement age of 60 years, and other benefits. DOLE has
also brokered talks between members of the Philippine Airlines
Employees Association (PALEA) and management since December 2010
regarding plans to outsource a number of ``non-core'' positions, which
would reduce the workforce by 2,600. On September 27, four days before
the changes became effective, PALEA members walked off the job in
protest, effectively shutting down the airline. On November 9, the
airline's management filed criminal complaints against 41former
employees who allegedly harassed airline staff and blocked PAL's
catering services on October 29. By year's end the criminal cases
against the former employees were pending in court, and the majority of
the 2,600 non-core positions had been outsourced.
In practice local SEZ directors claimed authority to conduct their
own inspections as part of the zones' privileges intended by the
legislature. Hiring often was controlled tightly through SEZ labor
centers. For these reasons, and 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, unions had little success organizing in the SEZs.
Unions continued to claim that local political leaders and
officials who governed the SEZs explicitly attempted to frustrate union
organizing efforts further by maintaining union-free or strike-free
policies. Unions also claimed that government security forces were
stationed near industrial areas or SEZs to intimidate workers
attempting to organize and alleged that companies in SEZs used
frivolous lawsuits as a means of harassing union leaders. Finally,
labor rights groups reported that some firms used bankruptcy as a
reason for closing and dismissing workers attempting to organize. By
law 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.
The Philippines Export Zone Authority engaged the NGO Verite on this
problem with no marked progress by year's end.
b. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, but there were reports that forced labor of
adults and children (see section 7.c.) continued to occur, mainly in
fishing, maritime industries, small-scale factories, domestic service,
agriculture, and other areas of the informal sector.
Trade unions reported poor compliance with the law, due in part to
the prevalence of forced labor in the informal sector and the inability
of the government to inspect labor practices in that sector.
The government did not provide data on the number of victims
removed from forced labor during the year but noted that in August it
assisted 38 fishermen in filing six cases of qualified trafficking for
forced labor and one case of violating the antichild-abuse law
involving a recruiter for a fishing company from Negros Oriental
Province. At year's end all cases continued.
During the year credible NGOs also reported incidents of forced
labor in domestic service in the country, although most cases focused
on Filipino workers abroad.
Also see the Department of State's Trafficking in Persons Report at
http://state.gov/j/tip.
c. 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, and
sets the maximum number of working hours for them at four hours per day
and no more than 20 hours per week. Children ages 15-17 are limited to
eight working hours per day, up to a maximum of 40 hours per week. The
law forbids the employment of persons under age 18 in hazardous or
dangerous work.
Child labor remained a common problem, and a significant number of
children were employed in the informal sector as domestic workers in
the urban economy or as unpaid family workers in rural agricultural
areas. NGO and government officials continued to report cases in which
family members sold children to employers for domestic labor or sexual
exploitation. The April 2010 Philippine Labor Force Survey estimated
there were more than 2.4 million working children between the ages of
15 to 17 in the country; the majority were laborers and unskilled
workers. There were no recent, reliable estimates of the number of
working children below age 15, but UNICEF's Annual Country Report 2010
noted uneven survey data indicating approximately four million children
between the ages of five and 17 worked at least four hours a day,
including a million child domestic workers who were almost all girls.
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.
Most child labor occurred in the informal economy, often in family
settings. The government, in coordination with domestic NGOs and
international organizations, continued to implement 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 sought 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. DOLE continued its efforts to remove child workers from
hazardous situations. From January to September, DOLE conducted four
operations involving the removal of 24 child laborers.
Also see the Department of Labor's Findings on the Worst Forms of
Child Labor at http://dol.gov/ilab/programs/ocft/tda.htm.
d. Acceptable Conditions of Work.--Tripartite regional wage boards
of the National Wage and Productivity Commission increased the daily
minimum wage rates for agricultural and nonagricultural workers in 10
out of 13 regions during the year. Minimum wages in the nonagricultural
sector were highest in the National Capital Region, where the minimum
daily wage rate was 426 pesos (approximately $9.80). The lowest minimum
wage rates were in the Southern Tagalog Region, where daily
agricultural wages were 199 pesos ($4.60). The law exempts minimum-wage
earners from paying income tax.
Given the overall low minimum wage, coupled with the fact that many
workers are not covered by the regulations, several labor groups
protested in May that the national minimum wage did not provide
adequate worker protection. The government estimate from 2009 claimed
that a family of five needed a daily income of 231 pesos ($5.30) to
stay out of poverty. On December 1, the National Statistical
Coordination Board reported 3.9 million families living below the
poverty line.
By law the standard 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. There is
no legal limit on the number of overtime hours that an employer may
require.
The law provides for a comprehensive set of occupational safety and
health standards. However, workers do not have a legally protected
right to remove themselves from dangerous work situations without
risking loss of employment.
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.
DOLE's Bureau of Working Conditions is mandated to monitor and
inspect compliance with labor law in all sectors, including workers in
the formal sector, nontraditional laborers, and informal workers, and
to conduct inspections of SEZs and businesses located there. The
department employed 254 labor inspectors nationwide to monitor and
enforce all aspects of the law, including by conducting inspections of
compliance with core labor and occupational safety standards and
minimum wages.
There were gaps and uneven applications of law. For example,
regional wage board orders covered all private sector workers except
domestic servants and others employed in the service of another person;
as the law allows, these individuals were frequently paid less than the
minimum wage for other occupations. Boards also 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. As a result of these
exemptions, the law did not cover a substantial number of workers.
During the year the boards granted minimum wage exemptions to 137
establishments, about which unions filed complaints.
DOLE acknowledged that insufficient inspection funds impeded its
ability to investigate labor law violations effectively, especially in
the informal sector and the 66,360 companies with 10 to 199 workers.
These midsized companies, unionized establishments, and those with
collective bargaining agreements were permitted to file voluntary self-
certifications to verify law compliance. DOLE provided training and
advisory services for enterprises with less than 10 workers to help
them with compliance and allowed establishments with more than 200
workers to undertake voluntary self-assessments of compliance.
DOLE also acknowledged that a shortage of inspectors made law
enforcement difficult. Penalties for noncompliance with increases or
adjustments in the wage rates as prescribed by law are a fine of 25,000
pesos ($580) to 100,000 pesos ($2,300) and/or two to four years'
imprisonment at the court's discretion. In addition to fines, the
government used administrative procedures and moral suasion to
encourage employers to rectify violations voluntarily.
DOLE conducted only sporadic inspections to enforce limits on
workweek hours. During the year labor inspectors made 1,843 checks on
company compliance with general labor and working standards and found
140 to have violations.
DOLE has responsibility for policy formulation and review of
standards for working conditions, but with too few inspectors
nationwide, local authorities often must accomplish enforcement. DOLE
continued a campaign to promote safer work environments in small
enterprises.
Violations of minimum wage standards and the use of contract
employees to avoid the payment of required benefits were common,
including in government-designated SEZs. During the year the Bureau of
Working Conditions inspected 30,727 firms: 10,049 were found to have
violated core labor standards, 6,066 of which were found to be out of
compliance with minimum wage rates. Many firms hired employees for less
than minimum apprentice rates, even if there was no approved training
in their production-line work. Complaints about nonpayment of social
security contributions, bonuses, and overtime were particularly common
with regard to companies in SEZs.
During the year DOLE's Occupational Safety and Health Center
provided training and information dissemination to 13,726 participants
involving 3,716 companies to reduce accidents and illnesses at work.
The NGO Institute for Occupational Health and Safety Development, which
conducts research on occupational health and safety issues, recorded 90
deaths and 76 injuries due to work. Statistics on actual work-related
accidents and illnesses were incomplete, as incidents (especially in
agriculture) were underreported. For example, on March 25, DOLE imposed
double indemnity penalties and fines totaling 6.95 million pesos
($160,000) on the general contractor and 13 subcontractors of the Eton
construction project in Makati City who were involved in a January 27
accident that killed 10 workers.
The government and several NGOs worked to protect the rights of the
country's overseas citizens, most of whom were temporary or contract
workers. Although the Philippine Overseas Employment Administration
(POEA) successfully registered and supervised domestic recruiter
practices, authorities often lacked sufficient resources to ensure
worker protection overseas. The government continued to place financial
sanctions on, and bring criminal charges against, domestic recruiting
agencies found guilty of unfair labor practices. For example, in May
the POEA cancelled the recruitment license of Great World International
Management, Inc., and in August the Justice Department filed cases
against three suspected recruiters from the firm who reportedly
recruited women illegally to work as domestic workers in Kuwait.
Applicants had paid the agency placement fees, but the promised work
never materialized.
__________
SAMOA
executive summary
Samoa 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 of the heads of extended families (matai). The
most recent parliamentary elections were held in March and were marred
by charges of bribery, treating, and gifting during the campaigns.
Security forces reported to civilian authorities.
The principal human rights problems were poor prison conditions and
domestic violence against women.
Other human rights problems included police abuse, abuse of
children, and discrimination against women and non-matai.
The government took steps to prosecute officials who committed
abuses, whether in the security services or elsewhere in the
government.
Section 1. Respect for the Integrity of the Person, Including Freedom
from:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the government or its agents committed arbitrary or
unlawful killings.
b. Disappearance.--There were no reports of politically motivated
disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution prohibits such practices, and the
government generally observed these prohibitions in practice. However,
there were some allegations of police abuses.
Two police officers were charged with inflicting bodily harm after
a woman alleged she was assaulted and beaten with a stick by female
officers while being questioned in January. In November the two
officers were convicted. One was sentenced to two years' imprisonment.
The second did not receive a prison sentence but was discharged from
the police force.
In August the Supreme Court ordered the government to pay
restitution and damages of WST$103,048 ($46,004) to a Nigerian national
in a lawsuit claiming compensation for assault, battery, and false
imprisonment that occurred in January. While in police custody, the
Nigerian national was assaulted three times for refusing to depart on
an ordered deportation flight. He had refused to board the flight after
claiming police and immigration officials did not return his passport
and bankbook, which were lost during investigations.
Prison and Detention Center Conditions.--Prison conditions improved
but overall remained below international standards. Although the
government built new facilities and improved cell conditions, these
actions were insufficient to provide for the increasing prison
population. There were a total of approximately 427 inmates in the
prison system, including 28 women and 37 juveniles. The Tafaigata men's
prison, the country's most congested, had 23cells of various sizes,
including eight century-old concrete cells that measured approximately
30 feet by 30 feet and held 26 to 30 inmates each. Only basic
provisions were made with respect to food, water (including potable
water), and sanitation. Cell lighting and ventilation remained poor;
lights remained on only from dusk until 9 p.m. All cells had one toilet
and one shower facility each, which were Shared communally. There were
approximately 290 inmates and another 45 held separately in three
holding cells awaiting trial.
The separate Tafaigata women's prison had five cells that were
approximately 15 feet by nine feet, and each held four to six inmates.
There was also one separate holding cell for female inmates awaiting
trial and one security cell. Physical conditions, including ventilation
and sanitation, generally were better in the women's prison than in the
men's prison. There were 28 inmates at the women's facility.
Juveniles (under 21 years) were housed at the Olomanu Juvenile
Center, where physical conditions generally were better than in adult
facilities. The 37 juveniles were housed in three separate homes and
lived as a community in a 300-acre compound.
At the Tafaigata men's prison five new cells were built to hold at
least 10 inmates. In July the Vaiaata Corrections Facility completed
refurbishment of two homes that were used as communal holding
facilities for the 27 inmates.
Prisoners were permitted escorted hospital visits for medical
checks as necessary. A room at the police officers' headquarters served
as a medical clinic, but no doctor or nurse was assigned to the
facility.
Prisoners at all facilities including the juvenile facility are
required to do manual labor approximately 40 hours per week. This labor
generally consists of agricultural work and cooking to provide food for
the inmates and prison staff. The government permitted family members
and church representatives to visit prisons weekly. This was often on
Sundays, when families were allowed to bring food parcels and clothing
for inmates.
Overnight detainees were held at two holding cells at police
headquarters in Apia and one cell at Tuasivi. The cells had good
lighting, sanitation, and ventilation.
Prisoners and detainees were permitted religious observance.
Authorities permitted prisoners and detainees to submit complaints to
judicial authorities and request investigation of 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.
The government permitted monitoring visits by independent human
rights observers, including the Red Cross and other diplomatic
missions. 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. The Ombudsman's Office received no complaints or reports by
prisoners during the year. Prisoners also could lodge complaints with
the Professional Standards Unit (PSU) within the Police Department. The
PSU received approximately three to five complaints during the year.
Most prisoner complaints were lodged with the PSU because many inmates
were not aware they could file complaints with 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 national Samoan
Police Force (SPF) maintains internal security. Enforcement of rules
and security within individual villages is vested in the fono (council
of matai). The country has no standing military force. Civilian
authorities maintained effective control over the SPF, and the
government has effective mechanisms to investigate and punish abuse and
corruption. There were no reports of impunity involving the SPF during
the year. A lack of resources and capacity-building efforts limited
police effectiveness.
Arrest Procedures and Treatment While in Detention.--The Supreme
Court issues arrest warrants based on compelling 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 a lawyer of their
choice. The government provides a lawyer for indigent detainees upon
request at court.
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. Pretrial detainees at the
Taifagata compound were on average detained for six months or more.
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 except for trials of juveniles, which only immediate family
members may attend. Juries (also known as assessors) are used only for
the most serious offenses, such as murder, manslaughter, and rape.
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.
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. The Supreme Court has ruled that the
fono may not infringe upon villagers' freedom of religion, speech,
assembly, or association. The government began a review of the Village
Fono Act to determine whether it gives the fono excessive authority to
limit individual rights under a broadly defined ``public order''
exception. In September the government consulted villages nationwide on
this question, but no conclusions were reached by year's end.
Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.
Civil Judicial Procedures and Remedies.--There is an independent
and impartial judiciary in civil matters, including access to a court
to bring lawsuits seeking damages for, or cessation of, human rights
violations.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The laws prohibit such actions, and the government
generally respected these prohibitions in practice. However, there is
little privacy in villages, where there can be substantial societal
pressure on residents to grant village officials access without a
warrant. There were reports of some village fonos having banished
individuals or families from villages (see section 2.d.).
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--Status of Freedom of Speech and
Press.--The law provides for freedom of speech and press, and the
government generally respected these rights in practice. An independent
press, an effective judiciary, and a functioning political system
combined to ensure freedom of speech and press. The law stipulates
imprisonment for any journalist who, despite a court order, refuses to
reveal a confidential source upon request from a member of the public.
However, there has been no court case invoking this law.
Internet Freedom.--There were no government restrictions on access
to the Internet or credible reports that the government monitored e-
mail or Internet chat rooms. Individuals and groups could engage in the
expression of views via the Internet, including by e-mail.
Academic Freedom and Cultural Events.--The government generally did
not restrict academic freedom or cultural events.
b. Freedom of Peaceful Assembly and Association.--The constitution
provides for freedom of assembly and association, and the government
generally respected these rights in practice.
c. Freedom of Religion.--See the Department of State's
International Religious Freedom Report at http://state.gov/j/drl/irf/
rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution provides for freedom
of movement within the country, foreign travel, emigration, and
repatriation, and the government generally respected these rights in
practice. 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. There are also reports of villages banning religious
activities of villagers who do not belong to the ``designated'' village
faith. In some cases civil courts overruled banishment orders. Some
banished persons were accepted back into the village after performing a
traditional apology ceremony.
Protection of Refugees.--Access to Asylum.--The country's laws
provide for the granting of refugee status, but the government has not
established a system for providing protection to refugees. No such
requests arose during the year.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution provides citizens the right to change their
government peacefully, and citizens exercised this right in practice
through periodic, free, and generally fair elections based on universal
suffrage.
Elections and Political Participation.--Recent Elections.--General
elections were held in March and generally considered fair. The Human
Rights Protection Party retained government for the seventh consecutive
term. For the first time in the country's independent history, a second
party, the Tautua Samoa Party, received enough votes to form an
official opposition. Following the elections eight electoral petitions
were filed on various grounds of bribery, treating, and gifting during
a campaign. Of the eight electoral petitions submitted to the Supreme
Court, one was withdrawn, three were dismissed, and four resulted in
orders to conduct by-elections as the four winning candidates were
found guilty of various charges of bribery, treating and gifting during
a campaign. All by-elections took place in July.
Political Parties.--General election electoral amendments
restricted some members of the opposition from registering as
candidates. The amendments required candidates to obtain the signature
and approval of a government-paid village representative, mayor, or
church minister in their respective candidate applications. Two
opposition candidates were refused these approvals when the village
fonos agreed to have only one candidate run, waiving the need for
elections. On appeal the Supreme Court upheld the electoral amendments.
While the constitution gives all citizens above age 21 the right to
vote and run for office, by social custom candidates for 47 of the 49
seats in parliament are drawn from the approximately 30,000 matai, who
are selected by family agreement. Although both men and women may
become matai, only 8 percent were women. Matai control local
governments through the village fono, and their titles are determined
by appointment rather than direct election.
Participation of Women and Minorities.--Despite various government,
nongovernmental organization (NGO) and political party initiatives to
increase female candidate participation in the general elections, only
two women were elected to the 49-member parliament: one was named
minister of justice and the other associate minister of women,
community, and social development. One woman served as head of a
constitutional office, one woman as governor of the central bank, five
women as chief executive officers of government ministries, and six
women as general managers of government corporations.
The political rights of citizens who are not of ethnic Samoan
heritage are addressed by reserving 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 July the cabinet ordered a performance audit of the Electricity
Power Corporation as well as the suspension of two senior management
officials and the nonrenewal of the contract of the then general
manager. The cabinet order came after revelations regarding large
payments made as cash gifts to various villages, vendors, and police
officers. The audit revealed many questionable purchases, unauthorized
bonuses, and other unaccounted-for monies.
Although public officials were not subject to financial disclosure
laws, 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, unless the information is considered privileged or its
disclosure would harm the public interest. In the case of other
information requests, petitioners had to navigate a cumbersome
bureaucratic process, and consequently information was not always
obtainable in a timely manner.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. Government officials
were cooperative and responsive to their views.
Government Human Rights Bodies.--The Office of the Ombudsman was
generally considered effective and operated free from government or
political party interference. The government usually adopted 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.--Rape and Domestic Violence.--Rape is illegal, but there is
no legal provision against spousal rape. The penalties for rape range
from two years' to life imprisonment, but a life sentence has never
been imposed. 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 constitution prohibits abuse of women, but common societal
attitudes tolerated their physical abuse within the home. Such abuse
was common and 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 investigated and 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
specifically on domestic abuse but acknowledged the problem as 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 public
antiviolence awareness programs, confidential hotlines, in-person
counseling and other support, and shelters.
Sexual Harassment.--There is no law specifically prohibiting sexual
harassment, and there were no reliable statistics concerning its
extent. It likely was underreported, due to the lack of sexual
harassment legislation and a cultural constraint against publicly
shaming or accusing someone, even if justifiable. There was little
incentive for victims to report instances of sexual harassment, as they
could jeopardize their career or family name by going forward with such
complaints.
Reproductive Rights.--Couples and individuals have the right to
decide freely and responsibly the number, spacing, and timing of their
children and to have the information and means to do so free from
discrimination. The National Health Service, private hospitals, the
Ministry of Health's public awareness programs, 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.
Discrimination.--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 the commissioner of labor grants special
permission. This regulation was generally observed.
Children.--Birth Registration.--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. Births are not always registered
immediately, and some are not registered until many years later.
Legally children without a birth certificate are not allowed to attend
primary schools, but this was not strictly enforced.
Child Abuse.--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.
Sexual Exploitation of Children.--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 promote human rights awareness.
International Child Abductions.--The country is not a party to the
1980 Hague Convention on the Civil Aspects of International Child
Abduction.
Anti-Semitism.--The country had no organized Jewish community, and
there were no reports of anti-Semitic acts.
Trafficking in Persons.--During the year there were no confirmed
reports that persons were trafficked to, from, or within the country.
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 same-sex sexual activity between
adults. Although there were no reports of societal violence based on
sexual orientation or gender identity, 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. Freedom of Association and the Right to Collective Bargaining.--
The law protects the rights of workers to form and join independent
unions, to conduct legal strikes, and to bargain collectively. However,
there were certain restrictions on the right to strike for government
workers, imposed principally for reasons of public safety.
Workers legally have unrestricted rights to establish and join
organizations of their own choosing.
The Supreme Court has upheld the right of government workers to
strike, subject to certain restrictions, and workers exercised this
right in practice. Although workers in the private sector have the
right to strike, there were no private sector strikes during the year.
The government effectively enforced applicable laws, and in
practice freedom of association was respected. 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.
Workers exercised the right to organize and bargain collectively 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 were no known instances of antiunion discrimination during
the year.
b. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, and the government generally enforced laws
in this regard. There is an exception in the constitution for service
required by Samoan custom. A key feature of the matai system is that
non-matai men perform work within their village in service to their
families and the village as a whole. Most persons did so willingly;
however, the matai may compel those who do not.
c. Prohibition of Child Labor and Minimum Age for Employment.--The
law prohibits employing children under the age of 15 except in ``safe
and light work.'' 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 law prohibits any student from
being engaged in light or heavy industrial activity within school hours
of 8 a.m. to 2 p.m. The law, however, does not ban vending by children
under age 14 altogether. The law prohibits children under 15 from work
that could harm their physical or moral health.
The Ministry of Commerce, Industry, and Labor refers complaints of
illegal child labor to the attorney general for enforcement, but no
cases were prosecuted during the year.
There were no reliable statistics available on the extent of child
labor. Children frequently were seen vending goods and food on Apia
street corners. The government has not definitively determined 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.
The extent to which children were required to work on village farms
varied by village, although anecdotal accounts indicated the practice
was quite prevalent. Work performed by younger children was confined
primarily to household chores, yard work, and light work gathering
fruits, nuts, and plants. Some boys began working on plantations as
teenagers, helping to gather crops such as coconuts and care for
animals. Some children reportedly were employed in domestic service.
Also see the Department of Labor's Findings on the Worst Forms of
Child Labor at http://dol.gov/ilab/programs/ocft/tda.htm.
d. Acceptable Conditions of Work.--There were two minimum wages:
WST $2.00 ($0.89) per hour for the private sector, and WST $2.65
($1.18) for the public sector. 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. Approximately three-
quarters of the working population worked within the subsistence
economy and had no formal employment, and according to the Samoan
Census Bureau's 2008 poverty report, 26.9 percent of the population
resided below the basic needs poverty line.
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), and prohibit compulsory
overtime. 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.
There generally are nine paid public holidays per year.
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. Safety laws do not
generally apply to agricultural service rendered to the matai or to
work done within individual families' homes.
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.
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. Information was not available on specific government
investigations during the year. Government employees are covered under
different and more stringent regulations, which were enforced
adequately by the Public Service Commission.
__________
SINGAPORE
executive summary
Singapore is a parliamentary republic in which the People's Action
Party (PAP), in power since 1959, overwhelmingly dominates the
political scene. Opposition parties actively participated in the May 7
parliamentary elections and the August 27 presidential election, which
were generally free and fair; however, the PAP continued to benefit
from procedural obstacles in the path of political opponents. Security
forces reported to civilian authorities.
The government has broad powers to limit citizens' rights. While
the 2011 general and presidential elections generally were seen as
open, free, and fair, the government benefitted from the use of legal
restrictions that handicap the political opposition. The Internal
Security Act (ISA) permits preventive detention without warrant, filing
of charges, or normal judicial review; in recent years it has been used
against alleged terrorists and was not used against persons in the
political opposition.
The following human rights problems also were reported: mandated
caning as an allowable punishment for some crimes, infringement of
aspects 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, and some limited restriction
of freedom of religion.
The government prosecutes officials who commit human rights abuses,
although there were no instances of such prosecutions reported during
the year. There were no reports of impunity involving the security
forces during the year and therefore impunity did not appear to be a
problem.
Section 1. Respect for the Integrity of the Person, Including Freedom
from:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the government or its agents committed 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. 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, men sentenced to death whose sentences have not
been commuted, and persons determined medically unfit are exempt from
punishment by caning. During the year 2,318 convicted persons were
sentenced to judicial caning, and 98.9 percent of caning sentences were
carried out.
Prison and Detention Center Conditions.--Prison and detention
center conditions generally met international standards.
During the year the total number of prisoners and detainees in
custody of the authorities was 12,376, of whom 9.1 percent were women.
Female prisoners were held in a separate facility from male prisoners.
In 2010, 94 inmates, ages 17 and 18, comprised the juvenile prison
population, which included drug rehabilitation center inmates. The
designed capacity of the prison system was 16,254.
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 twice
a 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 televisits. There were nine 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 appointed by the minister
for home affairs, is responsible for the basic welfare of the prisoners
and conducts prison inspections. All inmates have access to the
visiting justices. Prisoners had access to potable water. Nonviolent
offenders may be offered the option of paying a fine or being placed on
probation in lieu of incarceration.
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 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.--The national police,
under the direction of the Ministry of Home Affairs, maintains internal
security and the armed forces, under the direction of the Ministry of
Defense, is responsible for external security.
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 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.
Arbitrary Arrest.--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. 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.
During the year three men were detained under the ISA for alleged
involvement with regional terrorist organizations. Jumari Kamdi and
Samad Subari were identified as members of the Jemaah Islamiya (JI)
terrorist network, and Abdul Majid Kunji Mohammad was a member of the
Philippine-based Moro Islamic Liberation Front (MILF).
At year's end 16 detainees, including persons detained in previous
years, were held under the ISA as suspected terrorists. The majority
was suspected of belonging to JI; two were suspected of self-
radicalization, and two were detained for 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 Restrictive
Orders (ROs). The authorities stated that all of the detainees released
cooperated in investigations and responded positively to
rehabilitation.
At year's end 47 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 travel outside the country without the
prior written approval of the government. During the year one person
was subject to an SD. Detainees released on ROs and SDs were monitored
by the authorities and required to report to authorities on a regular
basis.
On September 1, authorities released one Singapore JI detainee,
Mohamed Khalim bin Jaffar, being held under the ISA, on a RO. On
December 5, Muhammad Zamri bin Abdullah, who was self-radicalized, was
released from detention and placed on an RO.
The CLA comes up for renewal every five years and was last renewed
in 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 at the end of 2008.
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 in an approved
institution for the purpose of the treatment and rehabilitation of drug
addicts. 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. During the year 1,280 persons were
held in drug rehabilitation centers while eight persons were held in
the Inhalant Treatment Center. Under the Intoxicating Substances Act,
the CNB director may order treatment for up to six months of a person
believed to be an inhalant drug abuser.
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.
Unlike in past years there were no instances of government leaders
using defamation suits against political opponents or critics.
Some commentators and representatives of international
nongovernmental organizations (NGOs) said that the LSC's authority to
rotate subordinate court judges and magistrates and its and the chief
justice'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 all defendants with 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,
under the state administered Legal Assistance Scheme for Capital
Offenses, anyone facing a capital charge is eligible to be assigned
counsel; no eligibility criterion is imposed.
Defendants also have the right to question opposing witnesses,
provide witnesses and evidence on their own behalf, and 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. 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 attempts to use legal action
against the government for alleged 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. 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 Bureau, 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.--Status of Freedom of Speech and
Press.--Freedom of SpeechThe 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 with regard to criticism of the
government. Government intimidation and pressure to conform resulted in
self-censorship among many journalists; however, there was increased
debate in newspapers and on the Internet on many public issues such as
the institution of a minimum wage, public transportation, immigration
policy, salaries of elected officials, and the role of the president.
The government-linked media extensively covered opposition parties and
candidates.
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. During the 2011 parliamentary elections,
opposition parties held rallies as often as the ruling party.
The government effectively restricted 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 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.'' Subject to obtaining a
police permit, permanent residents and foreigners may also speak or
participate in or organize activities at the Speakers' Corner.
On January 20, the High Court rejected appeals by Singapore
Democratic Party Secretary-General Chee Soon Juan and party supporter
Yap Keng Ho against convictions for speaking in public without a permit
on four occasions. The court decided that because Chee did not apply
for a license, there was no decision for the court to review. Chee was
fined S$5,000 ($4,167) on each of the four charges against him, while
Yap was fined S$2,000 ($1,667) on each of the four charges. Both men
served jail time in default of paying their fines.
Freedom of Press.--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
against political opponents of the government since 1998.
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.
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. International
news channels are not censored but entertainment programs are censored
to remove coarse language, representations of homosexuality, and
explicit sexual content.
Censorship or Content Restrictions.--The Media Development
Authority (MDA), a statutory board under the Ministry of Information,
Communications, and the Arts (MICA), continued to regulate heavily
broadcast and print media, 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 requirements for offshore newspapers apply to
nine foreign newspapers, of which, three are exempted.
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.
Libel Laws/National Security.--In past years critics charged that
government leaders used defamation lawsuits or threats of such actions
to discourage public criticism and intimidate opposition politicians
and the press. Conviction on criminal defamation charges may result in
a prison sentence of up to two years, a fine, or both. There were no
such defamation cases during the year.
The attorney general may bring charges for contempt of court, and
he used this power during the year to charge at least one author who
published criticisms of the judiciary.
On May 27, the Singapore Court of Appeal dismissed freelance
journalist and author Alan Shadrake's appeal against his conviction for
contempt of court. The author of the antideath penalty book Once a
Jolly Hangman: Singapore Justice in the Dock was sentenced to six weeks
in jail and a fine of S$20,000 ($15,300). Shadrake was immediately
deported following the completion of his jail term in July.
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. During the national elections,
both the ruling and opposition parties made extensive use of the
Internet to air their views and publicize their platforms and
candidates. 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 social media posts,
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, inciting racial and religious intolerance, or
promoting terrorism and extremism, the ban remained.
In February the Registry of Political Donations classified The
Online Citizen (TOC), a sociopolitical blog, as a political
association. On the advice of the Attorney General's Chambers, TOC,
with activities related mainly to politics in Singapore, met the
definition of a political association as defined in the Political
Donations Act. TOC may not receive foreign donations or anonymous
donations over S$5,000 ($4,167).
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.
Under the Films Act the MICA minister is authorized to ban any
film, whether political or not, that in his opinion is ``contrary to
the public interest.'' The Films Act does not apply to any film
sponsored by the government and allows the MICA minister to exempt any
film from the act.
Certain films barred from general release may be allowed limited
showings, either censored or uncensored, with a special rating. Films,
including banned films, were available through You Tube and other Web
sites.
During the year the government-funded National Arts Council
provided S$5.19 million ($3.99 million) in grants under the Major
Grants Scheme. Artists are said to self-censor to preserve access to
these grants.
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 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. Police also have
the authority to order a person to ``move on'' from a certain area and
not to return to the designated spot for 24 hours.
On August 3, six members of the Singapore Democratic Party (SDP)
appealed their conviction and sentences for taking part in an illegal
assembly on National Day in 2008. Authorities fined the six between
S$900 ($750) and S$1,000 ($833) in October 2010 after being found
guilty of assembling without a permit. The gathering was held to
publicize SDP's ``Tak Boleh Tahan'' (Malay for ``cannot take it'' )
campaign against high ministerial salaries, the goods and service tax,
and the cost of living. They did not apply for a permit citing a
previous event in 2008 that was not deemed to be an unlawful assembly.
The court's decision was pending at year's end.
The government closely monitored political gatherings regardless of
the number of persons present.
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 216 registration
applications. Of these 149 were approved, two were denied, and 65 were
pending at year's end.
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 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, environmental groups and providers of welfare
services.
c. Freedom of Religion.--See the Department of State's
International Religious Freedom Report at http://state.gov/j/drl/irf/
rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution and the law provide
for freedom of movement within the country, foreign travel, emigration,
and repatriation, and the government generally respected these rights
in practice; however, it limited them in certain circumstances. The
government cooperated with the Office of the U.N. High Commissioner for
Refugees and other humanitarian organizations in providing protection
and assistance to asylum seekers and other persons of concern.
In-country Movement.--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 age
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 47
suspected terrorists subject to such restrictions.
Foreign Travel.--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 age 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. Males 13 years of age or older who have not
completed national service obligations are required to obtain exit
permits for international travel if they intend to be away for three
months or more. 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 male travelers age 16+ years and above for
travel exceeding three months, and to male travelers age 13 to 16+ for
travel lasting two years or more.
Emigration and Repatriation.--The right of voluntary repatriation
was extended to holders of national passports. The government actively
encouraged citizens living overseas to return home or at least to
maintain active ties with the country. A provision of the law allows
for the loss of citizenship by citizens who reside outside the country
for more than 10 consecutive years, but it was not known to have been
used.
In 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.--Access to Asylum.--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.
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.
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.--Recent Elections.--The
national elections held in May were free, fair, and open to a viable
opposition. The general elections operate under the first-past-the-post
system. Following the May elections, the PAP (having captured 60.1
percent of the vote) held 81 of 87 elected constituency seats in
parliament. Six opposition parties combined for 39.8 percent of the
vote and one of them, the Workers' Party (WP), won six elected seats,
including their first ever Group Representation Constituency (GRC). A
constitutional provision assures at least nine opposition members in
parliament; there are three non-constituency members of parliament
(NCMP) in the 12th parliament, two from the WP and one from the
Singapore People's Party. NCMPs are chosen from the highest finishing
runners-up in an election.
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 circumscribing
political discourse and action; however, restrictions were relaxed
during the campaign period. 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.
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 August Tony Tan was
elected president in the first contested presidential election since
1993. In the four-way race, Tan won with 35.2 percent of the vote.
Voting is compulsory, and 93 percent of eligible voters voted in
the most recent general election.
Political Parties.--The PAP has an extensive grassroots system and
a carefully selected, highly disciplined membership. The establishment
of government-organized and predominantly publicly funded Community
Development Councils (CDCs) further strengthened the PAP's position.
The CDCs promoted community development and cohesion and provided
welfare and other assistance services. The PAP dominated the CDCs even
in opposition-held constituencies from which it threatened to withdraw
publicly funded benefits.
The PAP completely controlled key positions in and out of
government, influenced the press, and benefited from weak opposition
parties. Often the PAP's methods were fully consistent with the law and
the normal prerogatives of a parliamentary government, but the overall
effect was to perpetuate PAP supremacy. The constitutional requirement
that members of parliament resign if expelled from their party helped
ensure backbencher discipline. Since 1988 the PAP changed all but 12
single-seat constituencies into GRCs of four 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 opposition
fielded candidates in 26 of the 27 constituencies in the 2011 general
elections.
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, but only seven of these were active. Six
opposition parties contested the 2011 general elections. Political
organizations are 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.
Participation of Women and Minorities.--There is no legal bar to
the participation of women in political life; women held 19 of the 87
elected parliamentary seats. There was one female senior minister of
state and three female ministers of state. Three of the 17 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 14 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
17 members of the Supreme Court were ethnic Indian; there were no
Malays on the court.
Section 4. Official Corruption and Government Transparency
The law provides criminal penalties for official corruption, and
the government generally implemented these laws effectively.
On October 28, a court convicted two former Singapore Land
Authority (SLA) employees for their roles in cheating government
agencies of S$12.5 million ($10 million) in the nation's biggest
public-sector fraud since 1995. The court sentenced James Koh Seah,
former deputy director at SLA, to 22 years' imprisonment for cheating
and money laundering, while his subordinate, Christopher Lim Chai Meng,
received 15 years in jail for the same offenses.
Although the salaries of senior officials are public information
and political parties must report donations, 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.
No laws specifically provide for public access to government
information.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A variety of domestic human rights groups generally operated
without government restriction and these organizations investigated and
published their findings on human rights cases. Government officials
were somewhat cooperative and responsive to their views. 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.
The government did not prevent international human rights
organizations from observing human rights-related court cases.
Some international human rights NGOs criticized the government's
policies in areas such as capital punishment, migrant workers' rights,
and freedom of assembly. 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
numerous 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.--Rape and Domestic Violence.--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. 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 23 persons were prosecuted for rape; four were convicted, one
accused was given a discharge not amounting to acquittal, and 18 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 2,871
applications for personal protection orders, 54 percent of which were
filed by wives for protection against their husbands.
Sexual Harassment.--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 women and 42 percent of men) 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.
Reproductive Rights.--Couples and individuals have the right to
decide freely and responsibly the number, spacing, and timing of their
children. Contraceptive supplies and information, provided by the
Ministry of Health, as well as public and private doctors, were readily
available. Medical services were available, including for sexually
transmitted diseases, and were provided without discrimination. The
national birthrate was well below replacement levels and since the mid-
1980s the government has pursued pronatalist policies, which provide
comprehensive clinical services and a wide range of social and fiscal
incentives.
Discrimination.--Women enjoy the same legal rights as men,
including civil liberties, employment, commercial activity, and
education. They accounted for 56.8 percent of civil service employees.
There are no laws that mandate nondiscrimination in hiring practice on
the basis of gender, prohibit employers from asking questions about a
prospective employee's family status during a job interview, provide
for flexible or part time work schedules for employees with minor
children, or establish public provision of childcare.
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 polygyny,
although requests to take additional spouses may be refused by the
Registry of Muslim Marriages, which solicits the views of an existing
wife or wives and reviews the financial capability of the husband.
During the year there were 36 applications for polygynous marriage of
which seven were approved. The rest were rejected, withdrawn, or
remained pending at the end of the reporting period. Polygynous
marriages constituted 0.4 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. During the
year the employment rate for women between the ages of 25 to 54 was 73
percent. However, women held few leadership positions in the private
sector and following the most recent cabinet reorganization held no
cabinet-level positions 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.--Birth Registration.--Citizenship is derived from one's
parents, and birth registration was essentially universal.
Child Abuse.--The Children and Young Persons Act criminalizes the
ill-treatment of children, which includes physical, emotional, and
sexual abuse. The government enforced the law against child abuse and
provided support services for child abuse victims.
Child Marriage.--By law minors are defined as under age 18, and
children are defined as those under 14. Individuals under 18 wishing to
marry must obtain a license from the Ministry of Youth, Sports, and
Community Development (MCYS). Couples in which one person is under 18
or where both people are between 18 and 21 are required to attend a
marriage preparation program before they can be issued a marriage
license.
Harmful Traditional Practices.--A non-invasive form of female
genital mutilation is prevalent among the Muslim population. Normally
involving nicking the prepuce, the procedure is performed by female
doctors at Muslim clinics, usually on female infants or prepubescent
girls. It is markedly different from more severe forms of genital
mutilation.
Sexual Exploitation of Children.--Some child prostitution occurred.
During the year authorities identified 27 girls under the age of 18 who
were involved in prostitution-related activities; nine persons were
convicted of crimes relating to commercial sexual exploitation of
persons under 18; and 68 persons were under investigation at year's
end.
The age of consent to noncommercial sex is 16. Sexual intercourse
with anyone under 16 is punishable by up to 10 years in prison, or with
a fine, or with both. The authorities may detain persons under 18 who
are believed to be engaged in prostitution (such persons are not
prosecuted), as well as 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.
Institutionalized Children.--The Children and Young Persons Act
created a juvenile court system and established protective services for
children orphaned, abused, ``troubled,'' or with disabilities. 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.
International Child Abductions.--The country is a party to the 1980
Hague Convention on the Civil Aspects of international Child Abduction.
Anti-Semitism.--The size of the Jewish community was approximately
800 to 1,000 persons. There were no reports of anti-Semitic acts, and
synagogues held regular Sabbath services.
Trafficking in Persons.--See the Department of State's Trafficking
in Persons Report at http://state.gov/j/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 47 percent of buses were wheelchair accessible. All
major pedestrian thoroughfares have curb cuts.
Informal provisions permit university matriculation for those with
visual or hearing impairments or other physical disabilities.
Approximately 10,200 children with intellectual disabilities attended
mainstream schools during the year. There were 20 special education
schools that enrolled 4,854 students. All primary and secondary schools
were equipped with basic handicap facilities such as handicap toilets
and first-level wheelchair ramps. Approximately 22 percent of all
primary and 19 percent of secondary 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 age six who have
handicaps or special needs. There were 1,485 children enrolled in the
12 EIPIC programs. At the 18 Integrated Child Care Program Centers
(ICCPs), special needs children engaged in the same group activities as
the other children while also receiving enhancements of the normal
child care curriculum. During the year, 95 special needs children were
enrolled in the ICCPs.
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, applicable for all ethnic
groups, 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.
In the campaign for the May elections, a government minister was
accused of having played ``the gay card,'' hinting that his opponent
supported a ``gay agenda.'' Although the minister ultimately won
reelection, this was widely believed to have hurt his campaign.
The Media Development Authority rated the film ``Courage Unfolds''
as R21. Produced by the Campaign of the International Gay and Lesbian
Human Rights Commission's Asia program, the 30-minute documentary
highlighted issues faced by lesbian, gay, bisexual, and transgender
(LGBT) persons in Asia and how the Yogyakarta Principles were a tool
that LGBT activists could use in their human rights advocacy. The R21
rating restricts the location of screenings and the viewing audience of
the film. Additionally, films rated R21 may not be released on home
video formats and may not be advertised on television.
In February Singapore's Board of Film Censors upheld its decision
to impose a one-print release on the film ``The Kids are All Right,''
which had already been rated R21. This was the first time a single-
screen release has been imposed. The board responded to Cathy-Keris
Films' appeal by stating that ``one-print serves as a signal to the
public at large that such alternative lifestyles should not be
encouraged.''
Other Societal Violence or Discrimination.--Some individuals with
HIV/AIDS claimed that they were socially marginalized and faced
employment discrimination if they revealed their condition. 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. Freedom of Association and the Right to Collective Bargaining.--
The constitution provides all citizens the right to form associations,
including trade unions. Workers have the legal right to strike.
Collective bargaining was a normal part of labor-management relations
in the industrial sector and is provided for in the Industrial
Relations Act.
Parliament may impose restrictions on the right of association
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 (see section 2.b.). 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, but restricts organization of uniformed personnel or
government employees. The Amalgamated Union of Public Employees was
declared exempt from these provisions, and its scope of representation
expanded to cover all public sector employees except the most senior
civil servants. The government also has broad powers to refuse to
register a union, to cancel a union's registration, and to approve a
new union's rules or changes to an existing union's rules.
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.
Almost all of the unions were affiliated with the National Trade
Union Congress (NTUC), an umbrella organization with a close
relationship with the government and the ruling PAP, and bolstered by
dual roles of Lim Swee Say as both NTUC secretary-general and cabinet
minister. NTUC policy prohibited union members who supported opposition
parties from holding office in affiliated unions. While the NTUC was
financially independent of the PAP, the two shared a common ideology
and worked closely with management in support of nonconfrontational
labor relations.
The NTUC was free to associate regionally and internationally.
Workers in ``essential services'' are required to give 14 days'
notice to an employer before striking, and there is a prohibition on
strikes by workers in three sectors: water, gas, and electricity. No
specific laws prohibit retaliation against strikers. The law provides
that before striking, more than 50 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. 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 practice, 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. 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.
b. 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. The Ministry of Manpower, as
part of the Inter-agency Trafficking in Persons Taskforce, is
responsible for combating labor trafficking and improving labor
conditions for workers. There were approximately 2,500 workplace safety
and health officers working for the Ministry of Manpower.
Also see the Department of State's Trafficking in Persons Report at
http://state.gov/j/tip.
c. 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.
d. 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 were 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. For employees covered by the
Employment Act, the overtime rate is at least 1.5 times the basic
hourly rate of pay. An employee is permitted to work up to a limit of
72 hours of overtime in a month. Employers that require their employees
to work more than 72 hours of overtime a month are required to apply
for overtime exception from the Ministry of Manpower. The act does not
cover managerial or executive positions nor does it include foreign
domestic workers.
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. Starting in 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, the number of foreign work
permit holders in 2009, including foreign household workers, was
856,000. 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 18,800 foreign workers from unacceptable housing.
Although the great majority of the approximately 196,000 foreign
domestic workers (mainly from the Philippines, and Indonesia) worked
under clearly outlined contracts and reported no complaints against
their employers or employment agencies, there were regular reports of
employers arrested for abuse or mistreatment of their household
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 Labor
Relations and Workplaces Division of the ministry provided free
advisory and mediation services to foreign workers experiencing
problems with employers. Foreign household workers are assisted by the
Foreign Manpower Management Division. The government allowed
complainants to seek legal redress and operated a hotline for maids. In
2009 the hotline received approximately 3,456 calls, 95 percent of
which were general inquiries.
In April legislation came into effect that significantly increased
the safeguards for foreign domestic workers (FDWs). Among other things
it capped the fees payable by FDWs to employment agencies in the
country at one month's salary per year of the employment contract.
Observers believed the law effectively eliminated concerns about FDWs
falling into debt bondage, although unscrupulous agencies in sending
countries could charge exorbitant fees.
__________
SOLOMON ISLANDS
executive summary
The Solomon Islands is a constitutional multiparty parliamentary
democracy. Parliamentary elections held in August 2010 were considered
generally free and fair, although there were incidents of vote buying.
In August 2010 Parliament elected Danny Philip as prime minister.
Philip resigned on November 11 ahead of a vote of no-confidence and
Gordon Darcy Lilo was elected prime minister. Security forces reported
to civilian authorities. The Regional Assistance Mission to the Solomon
Islands (RAMSI), a multinational police-centered force organized by the
Pacific Islands Forum, continued its assistance during the year.
Human rights problems during the year included lengthy pretrial
detention, government corruption, and violence and discrimination
against women.
The government with assistance from RAMSI took steps to prosecute
officials who committed abuses.
Section 1. Respect for the Integrity of the Person, Including Freedom
from:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the government or its agents committed arbitrary or
unlawful killings.
b. Disappearance.--There were no reports of politically motivated
disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The 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 January the parole board released Member of Parliament (MP) and
Fisheries Minister Jimmy Lusibaea, convicted in November 2010 of
assault and sentenced to two years and nine months' imprisonment. The
board stated that his release was for good behavior and for having
undergone rehabilitation. One week later Minister for Police James Tora
reduced his sentence to one month using his discretion under Section 30
of the Correctional Services Act, and Lusibaea resumed office as a
member of parliament.
Prison and Detention Center Conditions.--Prison and detention
center conditions generally met international standards, and the
government permitted visits by independent human rights observers.
At year's end there were 179 convicted prisoners and 83 pretrial
detainees in the country. Of these, six were juveniles. There were no
female prisoners during the year.
Prisoners had reasonable access to visitors and were permitted
religious observance. Authorities permitted prisoners and detainees to
submit complaints and request investigations 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.--Civilian authorities
maintained effective control over the Royal Solomon Islands Police
(RSIP), and the government has effective mechanisms to investigate and
punish corruption. There were no reports of impunity involving the
security forces during the year. A commissioner, who reports to the
minister of police, heads the RSIP force of 1,134 members, including
159 women. The RSIP force is unarmed and had no access to weapons or
non-lethal means of coercive force during the year.
This force was supported by 250 RAMSI Participating Police Force
officers, who served in line positions and in logistical and financial
support. The RAMSI Participating Police Force and the RAMSI Military
Contingent were the only armed security forces in the country. Peter
Marshall, a New Zealander, who was appointed police commissioner in
2008, ended his secondment in February to return to New Zealand. Walter
Kola, a local, was appointed acting police commissioner on February 7
and continued in that position at year's end.
While police were more effective under RAMSI, the RSIP continued to
be weak in investigation and reporting. The police service has an
inspection unit to monitor police discipline and performance. Officials
found to have violated civil liberties are subject to fines and jail
sentences.
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. 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 from Australia, New
Zealand, and the Pacific islands: four worked with the Office of the
Director of Public Prosecutions and six with the Public Solicitor's
Office. The advisors helped to build the expertise of the government's
lawyers and 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.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The constitution prohibits such actions, and the
government generally respected these prohibitions in practice.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--Status of Freedom of Speech and
PressThe constitution provides for freedom of speech including for
members of the press, and the government generally respected these
rights in practice. An independent press, an effective judiciary, and a
functioning democratic political system combined to ensure freedom of
speech and of the press.
Actions to Expand Press Freedom.--The Solomon Islands Media
Strengthening Scheme (SOLMAS), which RAMSI initiated in 2008, continued
during the year. SOLMAS worked with the Media Association of Solomon
Islands, Solomon Islands Broadcasting Corporation, and 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 credible reports that the government monitored e-
mail or Internet chat rooms. Individuals and groups could engage in the
expression of views via the Internet, including by e-mail.
Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.
b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The constitution provides for freedom of assembly, and the
government generally respected this right in practice. Demonstrators
must obtain permits, which the government generally granted.
Freedom of Association.--The constitution provides for freedom of
association, and the government generally respected this right in
practice.
c. Freedom of Religion.--See the Department of State's
International Religious Freedom Report at http://state.gov/j/drl/irf/
rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution provides for freedom
of movement within the country, foreign travel, emigration, and
repatriation, and the government generally respected these rights in
practice. The government cooperated with the Office of the U.N. High
Commissioner for Refugees and other humanitarian organizations in
providing protection and assistance to internally displaced persons,
refugees, returning refugees, asylum seekers, stateless persons, and
other persons of concern.
Protection of Refugees.--The country's laws do not provide for the
granting of asylum or refugee status, and the government has not
established a system for providing protection to refugees. The
government did not grant refugee status or asylum during the year.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution provides citizens the right to change their
government peacefully, and citizens exercised this right in practice
through periodic, free, and fair elections based on universal suffrage.
Elections and Political Participation.--Recent Elections.--The
August 2010 national parliamentary elections were regarded as generally
free and fair, although there was evidence of vote buying. The report
of the Commonwealth Observer Group stated that people spoke explicitly
to them about the distribution of gifts and money by political parties
and candidates to influence voter behavior. In 2010, Parliament elected
Danny Philip as prime minister. Philip resigned on November 11 and
Parliament elected Gordon Darcy Lilo as prime minister.
Political Parties.--Political parties could operate without
restriction, but they were institutionally weak, with frequent shifts
in political coalitions and unstable parliamentary majorities.
Participation of Women and Minorities.--Male dominance in
government limited the role of women. There were no women in the 50-
member Parliament. In July the government replaced two of the five
women who served as permanent secretaries in 2010. 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 constitute a tribunal that has
the power to screen certain cases of misconduct and apply fines of up
to SI $5,000 (approximately $665) for MPs or senior civil servants. The
Office of the Ombudsman is responsible for investigating public
complaints of government maladministration.
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.
U.N. and Other International Bodies.--The government cooperated
with international governmental organizations and permitted visits by
U.N. representatives and other organizations. There were a number of
visits from U.N. representatives during 2011 including a visit by U.N.
Secretary General Ban Ki Moon in September; however, no public reports
were released.
Government Human Rights Bodies.--The Guadalcanal Peace Building and
Reconciliation Committee, formed in 2007 to plan the reconciliation and
peace process on Guadalcanal, continued to work with the Malaita Peace
and Reconciliation Committee in consultation with the government. The
Committees in consultation with the Guadalcanal and Malaita Peace Desks
at the Ministry of National Unity, Reconciliation and Peace facilitated
the work of the Truth and Reconciliation Commission (TRC) by liaising
with impacted persons to encourage them to come forward and testify at
the public hearings conducted by the TRC. They also assisted the TRC
with its exhumation program during the year. Four out of 205 missing
persons were found and identified, and their remains were returned to
their respective families.
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.
During the year the Truth and Reconciliation Commission (TRC)
continued to conduct hearings and take statements regarding the ethnic
crisis. In May the TRC conducted the first public hearings of former
militants, and during the year public hearings included both victims
and former militants. Hearings done in 2010 were only for the victims
of the crisis. At year's end the TRC was in the process of compiling
all of its reports in preparation to submit its final recommendations
to the prime minister per its mandate.
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.--Rape and Domestic Violence.--Violence against women,
including rape and domestic abuse, remained a serious problem but was
underreported. 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, and
police confirmed that domestic violence complaints were received every
week.
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. In cases in which charges were filed, the time lapse
between the charging of an individual and the subsequent court hearing
could 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.--Sexual harassment is not illegal and was a
widespread problem.
Reproductive Rights.--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. The U.N. Population Fund estimates one hundred
maternal deaths per one hundred thousand 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.
Discrimination.--The law accords women equal legal rights,
including the right to own property. However, most women were limited
to customary family roles, which prevented them from taking more active
roles in economic and political life. A shortage of jobs also inhibited
the entry of women into the workforce. Employed women 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
Women's Development Division within the Ministry of Women, Youth, and
Children's Affairs also addressed women's issues.
Children.--Birth Registration.--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.
Education.--Education was not free or compulsory, and the high cost
of school fees severely limited attendance at secondary and higher
institutions. School attendance rates were lower for girls than for
boys, and the dropout rate was higher for girls.
Child Abuse.--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.
Child Marriage.--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.
Sexual Exploitation of Children.--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.
International Child Abductions.--The country is not a party to the
1980 Hague Convention on the Civil Aspects of International Child
Abduction.
Anti-Semitism.--The Jewish community was very small, and there were
no reports of anti-Semitic acts.
Trafficking in Persons.--There were reports that persons were
trafficked to, from, or within the country.
See the Department of State's Trafficking in Persons Report at
http://state.gov/j/tip.
Persons With Disabilities.--There is no law or national policy
protecting 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 in previous years
the Peace and Reconciliation Ministry organized reconciliation
ceremonies. However, underlying problems between the two groups
remained, including issues related to jobs and land rights.
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. Freedom of Association and the Right to Collective Bargaining.--
The constitution implicitly recognizes the right of workers to form or
join unions, conduct legal strikes, and bargain collectively. The law
protects workers against antiunion activity but does not specifically
provide for reinstatement.
While public sector workers were able to organize, the law did not
provide for organizing by workers in the informal sector.
The law permits strikes in both the public and private sectors. A
notice to the government 28 days prior to a strike is required for
strikes to be legal.
In 2009 the government issued an official notice prohibiting
strikes by civil servants in essential services. There were procedures
in place designed to provide these workers due process and protect
their rights. The government defines essential services to include but
not be limited to the health, public security, aviation, marine,
immigration, and disaster relief sectors.
Wages and conditions of employment were determined by collective
bargaining, usually at the level of individual firms. Disputes between
labor and management that cannot be settled between the two sides are
referred to the Trade Disputes Panel (TDP) for arbitration, either
before or during a strike. Employees are protected from arbitrary
dismissal or lockout while the TDP is deliberating. The three-member
TDP, composed of a chairman appointed by the judiciary, a labor
representative, and a business representative, is independent and
neutral. The TDP's decisions are binding on the parties.
In practice, workers exercised their rights to associate freely and
bargain collectively. However, the small percentage of the workforce in
formal employment meant that employers had ample replacement workers if
disputes were not resolved quickly.
In July the government formed a three-member committee to settle
the longstanding standoff between the Solomon Islands National Union of
Workers (SINUW) and the Russell Islands Plantation Limited (RIPEL),
which resulted in a settlement proposal with RIPEL mortgages. On August
26, RIPEL and the government signed an agreement for the government to
take over land and properties in Yandina Russell Island and pay RIPEL
SB $34 million (approximately $4.6 million). Former RIPEL workers, the
majority of whom are members of the SINUW who went on strike in 2003,
are shareholders in RIPEL and agreed to the government's takeover of
RIPEL. On November 25, the Court of Appeal dismissed SINUW's appeal of
a March High Court judgment which had ordered SINUW to pay RIPEL SB
$7.3 million ($1 million) in compensation for damages caused by the
strike.
b. 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 no consistent methodologies or techniques to
enforce the law. The government basically relied on labor inspectors to
report on any instances of forced or compulsory labor during regularly
scheduled routine inspections. However, there was a lack of manpower
and resources to effectively enforce the laws. There were unconfirmed
reports of forced domestic servitude and persons forced to work in
logging camps. During the year the Division of Labor made a submission
for the government to set up a Labor Advisory Board to review certain
labor laws including those relating to forced labor to establish
effective mechanisms for implementation and include penalties for
violators. At year's end the submission was with the Attorney General's
office for vetting and gazetting.
Also see the Department of State's Trafficking in Persons report at
http://state.gov/j/tip.
c. 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 law does not limit the number
of hours a child could work. The commissioner of labor is responsible
for enforcing child labor laws, but few resources were devoted to
investigating child labor cases.
Given the 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.
Also see the U.S. Department of Labor's annual Findings on the
Worst Forms of Child Labor at http://dol.gov/ilab/programs/ocft/
tda.htm.
d. Acceptable Conditions of Work.--The minimum wage was SI $4.00
($0.53) per hour for all workers except those in the fishing and
agricultural sectors, who received SI $3.50 ($0.47).
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. The
Labor Act prohibits excessive compulsory overtime.
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.
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.
According to the president of the Council of Trade Unions,
authorities did not effectively enforce the health and safety law
provisions. He also noted that during the year, there were numerous
violations of the occupational safety and health laws.
At year's end the Labor Division recorded 243 work-related
accidents including 12 fatalities; 11 workers in the logging industry
were killed on the job, while one worker in the manufacturing industry
was killed. Accidents were largely due to negligence of failure to
adhere to safety practices by both employees and employers. Workers in
the logging, construction and manufacturing industries were subject to
hazardous and exploitative working conditions.
__________
TAIWAN
executive summary
Taiwan is governed by a president and a parliament selected in
multiparty elections. In March 2008 voters elected as President Ma
Ying-jeou of the Kuomintang Party (KMT) in an election that
international observers considered free and fair. Security forces
report to civilian authorities.
Principal human rights problems reported during the year were
corruption and violence against women and children.
During the year the authorities indicted more than 400 officials,
including 54 high-ranking officials, on corruption charges. There were
no reports of impunity.
Section 1. Respect for the Integrity of the Person, Including Freedom
from:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the authorities 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 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. Prisoners had
access to potable water, and authorities permitted visits by
independent human rights observers. As of July there were 58,247 adults
(53,368 men and 4,879 women) and fewer than 1,000 juveniles imprisoned.
Prisons operated at 122.2 percent of designed 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
prison appellate committees comprised of wardens, anticorruption
officials, and outsiders, or to judicial authorities without
censorship, although in practice all correspondence is screened
entering and leaving the facilities. Nonviolent offenders may be fined
or given suspended sentences as an alternative to prison sentences.
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. The authorities also allow independent nongovernmental
monitors to investigate prison 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.
Civilian authorities maintained effective control over the NPA, and the
authorities have 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 warrant or
summons is required by law, except when there is ample reason to
believe the suspect may flee, or in urgent circumstances, as specified
in the Code of Criminal Procedures. 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. 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 in order to protect better defendants'
rights. Currently courts may request pretrial detention in cases in
which the potential sentence is five years or more and when there is a
reasonable concern that the suspect could flee, collude with other
suspects or witnesses, or tamper or destroy material evidence.
While courts are required to appoint counsel after an indictment is
filed, the law does not specify what lawyers could or should do to
protect the rights of indigent criminal suspects during initial police
questioning. The Judicial Yuan (JY) and the NPA operate a program to
provide legal counsel during initial police questioning to qualifying
indigent suspects who have a mental disability or have been charged
with a crime punishable by three or more years in prison. Detained
persons may request the assistance of the Legal Aid Foundation (LAF),
which provides professional legal assistance through its 21 branch
offices to persons who would not otherwise have legal representation.
The LAF is a nongovernmental organization that is funded by the JY, in
accordance with the Legal Aid Act of 2004. The LAF provided these
services to all individuals. During regular consultations with police
and when participating in police conferences, LAF officials constantly
remind police of their obligation to notify suspects of the existence
of such counseling. Whether a suspect should be detained incommunicado
or held under house arrest is proposed by the prosecutor and decided by
the court. Suspects and prisoners may be prohibited from receiving
visitors, but they are entitled to meet and consult with their legal
counsel.
e. Denial of Fair Public Trial.--The constitution provides for an
independent judiciary; however, the judicial system suffered from some
corruption. 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.
In June the Legislative Yuan (LY) passed the Judges' Act, which had
been pending for 20 years, to create a new mechanism that includes the
participation of experts and other nonjudicial representatives to
assess the performance of judges and to select out incompetent ones.
While the law has been passed, it will not come into effect until 2012
and thus has not yet led to any tangible changes. The 2009 trial of
former president Chen Shui-bian and his wife Wu Shu-jen heightened
public scrutiny of preindictment and pretrial detention, prosecutorial
leaks, other possible prosecutorial misconduct, and transparency in
judicial procedures (see section 4).
Trial Procedures.--The constitution establishes the right to a fair
trial, and an independent judiciary generally enforced this right.
Judges, rather than juries, decide cases; all judges are appointed by
and answer to the JY. A single judge, rather than a defense attorney or
prosecutor, typically interrogates 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.
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.
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.--Status of Freedom of Speech and
Press.--The constitution provides for freedom of speech including for
members of the press, and the authorities generally respected these
rights in practice. The independent media were active and expressed a
wide variety of views without restriction, but they were often
criticized for lacking rigorous journalistic standards.
In June the Taipei Prison barred inmate and former president Chen
Shui-bian from writing a special column for Next Magazine. The prison
said its review had found Chen's article to be politically provocative
and therefore damaging to the prison's reputation. The prison's
decision sparked criticism that Chen's freedom of speech was being
suppressed. Later the same month, the prison partially reversed its
decision and allowed the magazine to publish Chen's later articles.
Freedom of Press.--In January the LY passed an amendment to the
Budget Act to ban governing agencies, state-run enterprises, and state-
funded institutions from placing advertisements packaged as news
reports and programs into television programming. The amendment came in
response to public criticism of the authorities' actions, as critics
and activists said the authorities' placement of ads had deterred some
media outlets from criticizing policy. The authorities denied having
used advertising revenue from government ads to manipulate the media.
Censorship or Content Restrictions.--In July the Council of Grand
Justices ruled it was constitutional for police to impose a fine on an
Apple Daily reporter for following a model and her husband for two
months in 2008 on tips that the husband was having an extramarital
affair. The couple claimed the reporter's moves constituted harassment.
The court ruling noted that the constitution protected both individual
freedom and freedom of the press, but found that the reporter had
violated the law because news gathering should be done on issues and
individuals of public interest. Local media criticized the ruling,
saying it had seriously hurt press freedom in Taiwan. Critics charged
that limiting the types of issues journalists could follow amounted to
censorship.
In July the National Communications Commission (NCC) approved the
application of Next TV (a unit of Next Media Group) to launch a news
channel on cable, after the NCC had earlier rejected two applications
from the company. The NCC said Next TV had improved its content and
Next Media Group Chairman Jimmy Lai agreed to seven conditions to clean
up his animated news service. Lai also promised to set up a cross-media
ethics committee and cancel animated news that depicted sex and nudity,
the NCC said.
In 2009 the Taipei City Government 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 the applicant was 18 years or older. At
year's end the ban remained in effect.
Internet Freedom.--There were no official restrictions on access to
the Internet. Individuals and groups could engage in the expression of
views via the Internet, including by e-mail.
Academic Freedom and Cultural Events.--There were no restrictions
on academic freedom or cultural events.
b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--Opposition party legislators and human rights
nongovernmental organizations (NGOs) claimed that the law
unconstitutionally restricted free speech and assembly and called for
it to be amended or abolished. They claimed the law unfairly
disadvantaged smaller organizations and was being 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 authorities for permission to hold a demonstration.
In 2009 the authorities charged two professors for organizing
``Wild Strawberry'' student demonstrations for failing to obtain
permits in advance as required by the assembly law. In December the
court found one of the professors not guilty as he was not the
architect of the demonstrations. The trial of the other professor
remained pending as the Constitutional Court has not yet ruled on the
constitutionality of the assembly law. In July a prosecutor indicted
three individuals for protesting without a permit at the Taoyuan
International Airport against the authorities' condemnation of their
land to facilitate the building of a Mass Rapid Transit system line.
The case was pending.
Freedom of Association.--The law provides this right and the
authorities generally respected it in practice.
c. Freedom of Religion.--See the Department of State's
International Religious Freedom Report at http://state.gov/j/drl/irf/
rpt/.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution provides for freedom
of movement within the country, foreign travel, emigration, and
repatriation, and the authorities generally respected these rights in
practice.
Protection of Refugees.--Access to Asylum.--Taiwan law does not
provide for the granting of asylum or refugee status. The authorities
have not established a system for providing protection to refugees
because a bill regarding the handling of refugees is pending in the
legislature. All People's Republic of China (PRC) citizens unlawfully
present are required by law to be returned to the PRC. As of September
the eight PRC nationals who had sought asylum between 2008 and 2010
were still residing in the country with financial assistance and
subsidies provided by the National Immigration Agency.
Nonrefoulement.--Throughout the year authorities repatriated
undocumented immigrants to their countries of origin. According to the
MOI, there were 53 undocumented PRC immigrants deported to the mainland
during the year (47 men and six women). At year's end 122 undocumented
PRC immigrants and 777 non-PRC undocumented immigrants were awaiting
deportation.
Durable Solutions.--Except for a few who failed to produce identity
papers, all Tibetans gained legal residence in 2009. There were no new
cases of Tibetans being granted legal residence during the year.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution provides citizens the right to change their
government peacefully, and citizens exercised this right in practice
through periodic, free, and fair elections based on universal suffrage.
Elections and Political Participation.--Recent Elections.--In 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. Observers regarded the elections as free and fair.
Participation of Women and Minorities.--There were 33 women in the
113-member LY. Nine 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.
In July the authorities established the Agency against Corruption
under the Ministry of Justice (MOJ) to further combat corruption. In
addition, in November the legislature passed amendments to the Anti-
Corruption Act that expanded its scope and increased the penalties for
public servants who are unable to explain the origins of suspicious
assets or property, or who lie about the source of such assets.
In June the LY passed amendments to the Anti-Corruption Statute
that forbade attempted bribery of public officials, even if the
attempts did not result in any illegal activities. Previously,
attempted bribery had been a crime only if the bribes could be shown to
have influenced public officials in the execution of their duties.
There were allegations of official corruption during the year.
Former president Lee Teng-hui was indicted in June for corruption and
money laundering. Lee was accused of collaborating with his aide to
embezzle National Security Bureau secret funds totaling NT$232.5
billion ($7.79 billion) to finance the establishment and operations of
a think tank.
The Taiwan High Court retried the cases involving former president
Chen Shui-bian and his wife Wu Shu-jen on charges of corruption, money
laundering, forgery, and embezzlement. In the verdict handed down in
August, Chen and Wu were found not guilty of embezzlement of a special
state affairs fund. The court did not alter Chen's previous sentence of
two years and eight months in prison for money laundering and forgery.
Chen was incarcerated for corruption after he was convicted late in
2010 for his involvement in an industrial zone land procurement scandal
and, in a separate bribery case, for accepting bribes to help a friend
get a position in a government-invested business entity.
In 2009 the LY amended the Act for the Punishment of Corruption to
require civil servants to account for the sources of abnormal increases
in their assets and to make failure to do so a punishable offense. All
public servants are subject to the Public Servants' Property
Declaration Law. The MOJ and its newly established subordinate Agency
against Corruption are in charge of combating official corruption.
The Access to Government Information Law stipulates that all
government information be made available to the public upon request
with the exception of national secrets, professional secrets, personal
information, and protected intellectual property. The law provides that
registered citizens, companies, and groups may submit information
requests and may 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 the views of such groups.
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. The
MOI is in charge of protections for persons with disabilities. The
authorities enforced these laws effectively.
Women.--Rape and Domestic Violence.--Rape, including spousal rape,
is a crime, and violence against women, including rape and domestic
violence, remained a serious problem. 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
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, during the year
there were 6,568 reports filed for rape or sexual assault. Of these
reports, 2,370 persons were indicted and 1,919 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 of cases prosecuted was about 90 percent.
During the year there were 104,315 cases of domestic violence
reported. Authorities prosecuted 3,292 persons for domestic violence
and convicted 2,469 persons. During the year 36,791 protection orders
were issued to domestic violence 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 allows
prosecutors to take the initiative in investigating complaints of
domestic violence, without waiting for a spouse to file a formal
lawsuit.
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, education, and training on a 24-hour basis.
Sexual Harassment.--Sexual harassment in the workplace is a crime,
punishable by fines of NT$100,000 to NT$1 million (approximately $3,350
to $33,500) 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. Women's
groups complained that, despite the law and increased awareness of the
issue, judicial authorities remained dismissive of sexual harassment
complaints.
Reproductive Rights.--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 free from discrimination, coercion, and
violence. Unmarried persons, however, are prohibited by law from
obtaining fertility treatments. Access to contraception and skilled
attendance during childbirth and the postpartum period were widely
available. Women and men were given equal treatment for diagnosis and
treatment for sexually transmitted infections.
Discrimination.--The law prohibits discrimination based on gender.
The law provides for equal treatment with regard to salaries,
promotions, and assignments. The law entitles women to request up to
two years of unpaid maternity leave and forbids termination of
employment 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.
Gender-biased Sex Selection.--Taiwan's ratio of males to females at
birth was between 1.085 and 1.108. According to the Control Yuan (CY),
women over 35 who already have two children had the highest sex ratio.
In 2010 Taiwan banned medical institutions from conducting gender-
biased sex selection. Clinics and hospitals with higher rates of
imbalance were put under surveillance and doctors who facilitate
gender-biased sex selection can be fined.
Children.--Birth Registration.--Citizenship is derived from one's
parents or by birth on the island. The MOI and its subordinate
Children's Bureau are responsible for the protection of the rights and
welfare of children and the law included provisions to protect them.
Child Abuse.--Child abuse continued to be a widespread problem. A
reliable NGO reported that sexual abuse was more prevalent than the
public realized and estimated that the number of victims was
approximately 20,000 annually. According to the MOI, 22,094 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.
The law stipulates that 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 required
to appoint guardians for children whose parents are deemed unfit.
Sexual Exploitation of Children.--The minimum age for engaging in
consensual sexual relations is 18. Persons who engaged in sex with
children under age 14 faced sentences of three to 10 years in prison.
September 2010 Supreme Court rulings for offenses involving sexual
assault on children under the age of seven resulted in a minimum
sentence of seven years in prison. Those who engage in sex with minors
between ages 14 to 16 receive a mandatory prison sentence of three to
seven years. Solicitors of sex with minors older than 16 but younger
than 18 face up to one year in prison or hard labor, or a fine of up to
three million New Taiwan dollars ($100,500). According to the Child
Welfare Bureau, 235 minors were rescued from prostitution and placed in
shelters during the year.
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. In August
the police cracked a large prostitution ring composed of more than 50
high school girls who solicited clients through the Internet.
Advertisements related to prostitution were prohibited, and the law
was enforced in practice. Under the law citizens arrested abroad for
having sex with minors can also be indicted and convicted of
patronizing underage prostitutes in foreign countries, although no such
cases have occurred in the past four years. The law also prohibits
child pornography, and violators are subject to sentences of up to six
months and substantial fines.
At year's end 393 persons had been indicted and 253 persons
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.
Anti-Semitism.--There were no reports of anti-Semitic acts.
Trafficking in Persons.--See the Department of State's Trafficking
in Persons Report at http://state.gov/j/tip.
Persons With Disabilities.--The law prohibits discrimination
against persons with disabilities and sets minimum fines for
violations. The law was enforced.
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 is 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, a growing number of which were elderly persons.
In January the LY passed the Protection Act on the Rights of the
Disabled to increase job opportunities for the blind. According to the
law, blind individuals must account for 10 percent of employees hired
by governing agencies and state-run enterprises with more than 10
employees.
The law stipulates that new public buildings, facilities, and
transportation equipment must be accessible to persons with
disabilities, and this requirement was generally met. In November,
however, a disabilities rights group staged a large protest complaining
that transportation equipment still fails to meet the basic needs of
disabled persons in most areas of Taiwan.
National/Racial/Ethnic Minorities.--As of 2010, foreign-born
spouses, primarily from China, Vietnam, Indonesia, or Thailand,
accounted for 3 percent of the population, and an estimated 8.7 percent
of all births were to foreign-born mothers. Foreign spouses were
targets of discrimination both inside and outside the home.
In May the National Immigration Agency extended the permitted
length of stay for parents of Chinese spouses from two to six months if
the purpose of the visit is to take care of pregnant Chinese spouses or
those who have suffered a miscarriage.
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.
PRC-born spouses must wait six years to apply for Taiwan residency,
whereas non-PRC spouses may apply after only three years. PRC spouses
are also permitted to work in Taiwan immediately on arrival.
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 January
the Amis aboriginal group staged a rally in front of the presidential
office in protest of the takeover of their lands by the authorities.
Asserting that a people without lands would eventually become extinct,
they called on the authorities to apologize and to return their lands.
In March several aboriginal activists called on the LY to pass an
antidiscrimination law that would penalize discriminatory remarks
against the aboriginal peoples.
Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--There are no laws prohibiting
consensual same-sex sexual activity. According to lesbian, gay,
bisexual, and transgender (LGBT) rights activists, violence against
LGBT persons with HIV and AIDS was a problem, but instances of police
pressure on LGBT-friendly bars and bookstores continued to decrease
during the year. LGBT rights activists alleged that restrictions on
doctors providing fertility treatments to unmarried persons unfairly
resulted in discrimination against LGBT persons, who are not permitted
to marry. Employers convicted of discriminating against job seekers on
the basis of sexual orientation face fines of up to NT$1.5 million
($50,250).
Plans to begin teaching LGBT issues in the elementary and junior
school curriculums, in accordance with the 2004 Gender Equity Education
Act, were canceled due to ``lack of social consensus.''
Other Societal Violence or Discrimination.--There was reported
discrimination, including employment discrimination, against persons
with HIV/AIDS. In February an AIDS activist group accused the local
authorities in Taipei of a person with HIV/AIDS from taking part in a
vocational training program and of disseminating discriminatory remarks
against persons with HIV/AIDS in the program's online brochure. The
discriminatory Web page was removed, and the person was referred to
another vocational training center where he could receive better care.
An amendment of the AIDS Prevention and Control Act allows a foreign
spouse with HIV to remain in Taiwan, if he/she can show the infection
came from the spouse or from medical treatment received in Taiwan. The
amended law, renamed the HIV Prevention and Patients' Rights Protection
Act, also stipulates that citizens with HIV cannot be denied access to
education, medical services, housing, or other necessities.
Section 7. Worker Rights
a. Freedom of Association and the Right to Collective Bargaining.--
The right to unionize is protected by the constitution but is regulated
under the Labor Union Act (LUA) and other laws. The right to strike is
provided by law but is highly regulated. The law gives workers the
right to bargain collectively, although some workers are excluded.
Although the law previously had prohibited teachers, civil
servants, and some defense industry employees from forming unions, an
amendment to the LUA effective in May relaxed restrictions on teachers'
right to associate, although they still are prohibited from striking.
As of August teachers had formed 23 unions and one federation of
teachers' unions. The amended LUA also offered additional categories
under which workers could form unions. For example, workers in the same
industry can form industrial unions.
In addition to expanding the right to associate, the amended LUA
also offers protections for associated labor. The LUA prohibits
discrimination, dismissal, or other unfair treatment of workers for
union-related activities. Violators face fines of NT$30,000-NT$150,000
($1,005-$5,025). There were several examples of employers being fined
for retaliation during the year. The amended LUA also allows foreign
workers more freedom to form unions, including the right to assume
leadership in a union. Although labor unions may draw up their own
rules and constitutions, labor union registrations still require the
approval of the CLA, and the authorities have the power to order unions
to cease part or all of their operations if they break a law or violate
their charter.
At the end of March approximately 29 percent of the 11.1 million-
person labor force belonged to one of the 4,495 registered labor
unions. Many of these members were also members of one of the 10
island-wide labor federations.
Under the LUA teachers and defense industry employees are not
afforded the right to strike. Workers in industries such as utilities,
hospital services, and telecommunication service providers are allowed
to strike only if they promise to maintain basic services during the
strike period. The amended Labor Dispute Settlement Law (LDSL) took
effect on May 1. The LDSL stipulates that authorities may prohibit,
limit, or break up a strike during a disaster.
The LDSL divides labor disputes into two categories: ``rights
disputes'' and ``adjustment disputes.'' Workers are only allowed to
strike in adjustment disputes, which include issues such as
compensation and working schedules. The law forbids strikes in rights
disputes, which could include collective agreements, labor contracts,
regulations, and other issues. Rights disputes must be settled through
arbitration or judicial process. The law requires mediation of labor
disputes when the authorities deem disputes 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. On average, the mediation process takes 20-
50 days and arbitration takes 45-80 days.
Labor unions charged that during employee cutbacks, labor union
leaders were sometimes laid off first or dismissed without reasonable
cause. Despite this practice, according to the Taiwan Confederation of
Trade Unions and other labor groups, the amended labor law
regulations--including the LUA, the LDSL, and the Collective Agreement
Law--have had a positive effect on workers' rights in association,
collective bargaining, and dispute resolution.
Continued improvement in the economy and employment led to a
decrease in the number of labor disputes. There were 20,824 labor
disputes in the first 11 months of the year, a 5.9 percent decrease
from the same period in 2010. Of these, 13,880 cases were related to
wage and severance disputes.
b. Prohibition of Forced or Compulsory Labor.--The law prohibits
all forms of forced or compulsory labor. However, there were reports
that such practices occurred. There was evidence of forced labor in
such sectors as household care giving, farming, fishing, manufacturing,
and construction (see section 7.d.).
The 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.
Also see the Department of State's Trafficking in Persons Report at
http://state.gov/j/tip.
c. 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. Children under 16 years of age
are not permitted to do heavy or hazardous work, and their working
hours are limited to eight hours per day on normal working days only.
County and city labor bureaus effectively enforced minimum-age laws
by ensuring the implementation of compulsory education. There were no
documented cases of violations of these laws. Labor inspectors did find
17 cases in 2010 of 15-year-olds being asked to work overtime or night
shifts. Statistics were not available that would show the disposition
of these specific cases, but Council of Labor Affairs officials said
that in most cases the employers were fined up to NT$20,000 ($670).
d. Acceptable Conditions of Work.--The LSL provides standards for
working conditions and health and safety precautions. As of June an
estimated 6.6 million of the 8.3 million salaried workers held jobs
covered by the LSL. Those not covered included management employees,
health-care workers, gardeners, bodyguards, teachers, doctors, lawyers,
civil servants, local government contract workers, employees of
farmers' associations, and domestic workers. An increase in the minimum
wage to NT$17,880 per month ($600), or NT$98 per hour ($3.28), took
effect in January.
The average manufacturing wage was more than double the legal
minimum wage, and the average wage for service industry employees was
even higher. The average monthly wage increased 5.3 percent to
NT$44,430 ($1,488) in 2010. According to labor statistics, however,
workers' real wages were lower than they were 10 years ago in spite of
an average 4 percent annual economic growth rate over the past decade.
Labor experts and scholars attribute this decline in wages to increased
competition for jobs due to the migration abroad of many industries.
The poverty income level is estimated by the authorities to be 60
percent below the average disposable income of the median households in
a designated area. By this definition, the poverty income level is
NT$14,794 ($496) per person in Taipei, NT$11,832 ($396) per person in
New Taipei City, NT$10,244 ($343) per person in Taiwan province, and
NT$11,146 ($373) per person in Kaohsiung City.
Foreign household caregivers and domestic workers are covered 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 July, 194,000 of the
409,000 foreign household caregivers and domestic workers had applied
for coverage under the Employment Services Act.
Legal working hours were 336 hours per eight-week period (for an
average of 42 hours per workweek). A five-day workweek was mandated for
the public sector, and, according to the CLA, more than half of private
sector enterprises also implemented a five-day workweek. According to
local labor laws, only ``authorized specialists'' approved by the CLA
were exempt from the five-day workweek. In practice, however,
violations of the five-day workweek maximum were common. After several
high-profile ``death by overwork'' cases led the authorities to conduct
an inspection of common workweek practices, the CLA found that
approximately 700,000 employees had been asked to work overtime without
pay. Approximately 400,000 employees were told by their company that
they were ``authorized specialists'' who were exempt from workweek
maximums, while in fact the CLA had approved only 100,000 employees to
work in the authorized specialist category. The survey also found that
in 2010, 27 percent of surveyed employees had been asked to work in
excess of the 12-hour-per-day maximum. To address this issue, the LY in
June passed an amendment to the Labor Standards Law raising by 500
percent the fine for violating legal work maximums, from NT$60,000 to
NT$300,000 ($2,010 to $10,050) for violations, and mandated that the
name of the offending company would be broadcast to the public.
The law provides standards for health and safety 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 health and
safety laws and regulations. In the first half of the year, the CLA's
292 inspectors conducted 41,891 inspections, a decrease of 3.6 percent
from the same period of 2010. Those 292 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 in small and medium factories. Labor groups
repeatedly urged the CLA to strengthen its inspection regime.
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. At the end of July, there were 409,434
documented migrant workers in Taiwan; of these, 168,188 were from
Indonesia, 80,620 from the Philippines, 71,457 from Thailand, and
89,164 from Vietnam. The CLA estimated there were 30,000 undocumented
workers. NGOs asserted that foreign workers were often unwilling to
report employer abuses for fear the employer would terminate the
contract and 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 NT$300,000 ($2,010
to $10,050) 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 they 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
executive summary
Thailand is a constitutional monarchy with a revered king who has
traditionally exerted strong influence. A coalition government led by
Yingluck Shinawatra and her Puea Thai (For Thais) Party came to power
in August following national elections on July 3 for the National
Assembly lower house that were generally viewed as free and fair.
Security forces reported to civilian authorities.
The most persistent human rights problems included the following: a
number of abuses by government security forces and local defense
volunteers in southern Thailand in the context of the continuing Muslim
separatist insurgency; the continued reported use at times of excessive
force by security forces, including police killing, torturing, and
otherwise abusing criminal suspects, detainees, and prisoners; and
continued government limits on freedoms of speech and press.
Other human rights problems included poor, overcrowded, and
unsanitary prison and detention facility conditions; occasional
arbitrary arrests and detention; government limits on freedom of
assembly; insufficient protection for vulnerable populations, including
refugees; violence and discrimination against women; sex tourism;
sexual exploitation of children; trafficking in persons; discrimination
against persons with disabilities, minorities, hill tribe members, and
foreign migrant workers; child labor; and some limitations on worker
rights.
Authorities occasionally dismissed, arrested, prosecuted, and
convicted security force members who committed abusive behavior, but
official impunity continued to be a serious problem, especially in
provinces where the 2005 Emergency Decree, the 2008 Internal Security
Act, and martial law remained invoked.
In the southernmost provinces, the great majority of victims of the
violence associated with the separatist insurgency were civilians not
taking an active part in hostilities.
Section 1. Respect for the Integrity of the Person, Including Freedom
from:
a. Arbitrary or Unlawful Deprivation of Life.--There were reports
that security forces at times used excessive and lethal force against
criminal suspects and committed or were connected to extrajudicial,
arbitrary, and unlawful killings. According to the Ministry of
Interior's Investigation and Legal Affairs Bureau, security forces--
including police, military, and other agencies--killed 72 suspects
during the arrest process between October 2010 and September 2011. The
police department with jurisdiction over the location of the killings
investigated each case, although no details were available. For
example, on April 27, Royal Thai Army (RTA) soldiers and forestry
officials reportedly killed two suspects and wounded six in Phrae
Province while raiding suspected illegal loggers; an investigation of
the incident continued at year's end (see also section 2.d., Refugee
Abuse).
While there were no confirmed reports that the government or its
agents committed politically motivated killings during the year, there
were at least five deaths linked to attacks suspected of being
politically motivated. For example, on June 16, assailants shot and
killed Suban Chirapanvanit, a major Bhum Jai Thai Party canvasser and
aide to the de facto party leader, and also shot his wife in Bangkok in
what was widely believed to be a politically motivated incident. Police
arrested three suspects, one of whom had previously faced charges in a
politically motivated shooting; charged them with premeditated murder;
and continued at year's end to seek a fourth suspect. Additionally,
there was an unconfirmed report that Democrat Party candidate Thaenkhun
Chit-issara accused a member of parliament and an air force officer of
possible involvement in the killing of Chutidet Suwannakoet, a
canvasser, near Bangkok on December 10. As of year's end, no charges
had been filed.
There were reports of killings during the year in connection with
the conflict in the southernmost provinces (see section 1.g.).
At year's end commissions continued to investigate the April and
May 2010 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. The
Truth for Reconciliation Commission of Thailand--which released its
first interim report in April, recommendations to the government in
September, and its second interim report in December--found that 16 of
the deaths resulted from security force action. On September 19, on
instructions from Deputy Prime Minister Chalerm Yubamrung, the
Department of Special Investigations transferred the investigation of
these 16 deaths, suspected to have been caused by security forces, to
the Metropolitan Police. It remained unclear how many were killed by
security forces, armed factions associated with the protests, or
accidentally, and no one had been charged with illegal or excessive use
of force for any protest-related deaths as of year's end.
At year's end there were no developments in the National Human
Rights Commission (NHRC) investigation of the May 2010 death of
Sulaiman Naesa, whose body reportedly showed signs of torture, at the
Inkhayuthboriharn Army Camp.
After investigation, authorities in May closed the case of police
killing suspected drug trafficker and killer Manit Toommuang, while he
was in custody in June 2010; police claimed self-defense.
There were no developments by year's end in the case of Makhoseng
Pohtae, a suspected militant who died in custody in August 2010 due to
injuries reportedly received while being tortured by Yala Province
police. An internal investigation by the Southern Border Provinces
Police Command found the abusing officers guilty of misconduct, but
there were no developments in the subsequent National Counter-
Corruption Commission (NCCC) investigation.
On July 20, the Ministry of Defense and the RTA settled a 2009
civil suit regarding the case of Imam Yapa Kaseng, who died after
interrogation while in army custody in 2008, by paying his family 5.2
million baht (approximately $173,000) and expressing regret. A
potential NCCC criminal proceeding against five RTA suspects, under
consideration since 2008, remained pending.
There were several clashes reported between Thai security forces
and illegal cross-border loggers throughout the year. Most occurred in
Sisaket Province and involved Cambodian citizens suspected of crossing
into Thailand. For example, six Cambodians were reportedly killed in
four separate incidents in border areas of Sisaket Province in October.
In addition there were clashes and artillery fire reported between
Thai and Cambodian security forces in early February and late April in
the area of the Preah Vihear temple/border dispute and in Surin and
Sisaket provinces that resulted in unconfirmed reports of at least one
Thai civilian killed and thousands of Thai and Cambodian villagers
temporarily displaced.
b. Disappearance.--There were no confirmed reports of politically
motivated disappearances, although nongovernmental organizations (NGOs)
sympathetic to the cause of antigovernment protesters reported that at
year's end the whereabouts of up to 18 individuals remained unknown
following their dispersal in April-May 2010. There also were multiple
media reports of numerous protesters having fled to Cambodia. (Also see
the April possible forced disappearance case in Yala Province in
section 1.g., Abductions.)
On March 11, the Court of Appeals acquitted the five police
officers charged with the 2004 disappearance of Muslim attorney and
human rights activist Somchai Neelaphaijit, who had been representing
suspects allegedly tortured by high-ranking police. However, at year's
end the case remained before the NCCC. In addition on August 29, an
assailant or assailants shot and killed Jehrohanee Yusoh, the wife of
Abduloh Abukaree, who had disappeared in 2009. He was a key witness in
the Department of Special Investigations case against the high-ranking
police allegedly connected to the disappearance of Somchai
Neelaphaijit.
In June the U.N. Working Group on Enforced or Involuntary
Disappearances requested a visit, but one had not been arranged by
year's end.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution specifically prohibits such practices.
There is no law that specifically prohibits torture, although it is
punishable as an offense against the person. Additionally, Section 17
of the April 2010 Emergency Decree effectively provides immunity from
prosecution to security officials for actions committed during the
performance of their duties.
Credible NGOs and legal entities continued to report that police
and military members occasionally tortured and beat suspects to obtain
confessions, and newspapers continued to report numerous cases of
citizens accusing police and other security officials of 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 Royal Thai Police (RTP) officers.
On March 1, a court sentenced Police Senior Sergeant Major Suraphat
(formerly known as Phairat) Sibuason of Phlap Phla Chai 1 Police
Station, Bangkok, to six years' imprisonment for abuse of power after
he arrested a female Burmese migrant worker and forced her to have sex
with him in exchange for being freed without charge in 2009.
The NHRC, in a September 2010 report, found that torture occurred
widely and systematically in the southernmost provinces. The study,
which examined 35 alleged torture cases since 2006, found that state
officials widely used beating and intimidation tactics. 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. The report was submitted to the government (the armed forces,
police, and Interior Ministry), and at year's end the NHRC was awaiting
a response.
In January and February, two prominent NGOs filed a petition
protesting the use of brutality by RTA Task Force 38 in Narathiwat
against suspected southern Muslim militants and alleging that Task
Force 38 was secretly assigned as the preliminary interrogation unit to
question suspects. The petitioners claimed to have evidence of at least
seven torture cases involving the Task Force.
On August 10, the Criminal Court in Bangkok convicted Suderueman
Malae, a 2004 torture victim, of maliciously giving false information
to inquiry officers and sentenced him to two years' imprisonment. At
year's end the case was under appeal, and Suderueman was released on
bail. Suderueman had been a client of disappeared attorney and human
rights activist Somchai Neelaphaijit (see section 1.b.) and had claimed
that Police Major General Chakthip Chaijinda had been involved in the
torture of Suderueman and others.
Prison and Detention Center Conditions.--Prison conditions were
poor. Most prisons and detention centers were overcrowded. There were
approximately 250,000 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, although prisoners generally had access to potable
water supplied as tap water treated by water purification. Seriously
ill prisoners at times were transferred to provincial or state
hospitals.
According to the Ministry of Interior Investigation and Legal
Affairs Bureau, 1,122 persons died in official custody from October
2010 to September 2011. Authorities attributed most of those deaths to
natural causes. On February 17, guards shot and killed two prisoners
during a riot in Ratchaburi Provincial Prison.
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 possibly dangerous to other prisoners.
More than 27 percent of the prison population consisted of pretrial
detainees, who were not segregated from the general prison population,
although those detained under the Emergency Decree in the southernmost
provinces often were held in military camps or police stations rather
than prisons. Men, women, and children rarely were held together in
police station cells pending indictment. Separate detention facilities
for juvenile offenders were available in all provinces. Conditions for
women were typically better than for men, in large part because much of
the maintenance and cleaning was managed and implemented by the
prisoners themselves.
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, 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.
Recordkeeping was generally substandard, infrequent, and out of
date, with prisoners tracked through letters and phone calls rather
than a modern online data-sharing system. Authorities often gave
nonviolent offenders, minors, and convicts with disabilities
alternative penalties rather than imprisonment, such as probation,
suspended sentences, fines, or restrictions on movement. Official 2009-
10 statistics showed fewer than 17 percent of convictions resulted in
prison sentences served.
Conditions in immigration detention centers (IDCs) remained poor.
The Immigration Police Bureau, reporting to the RTP, 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 continued to be 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. There were two
unconfirmed reports that guards physically abused IDC detainees.
The government permitted visits to prisons and IDCs by independent
human rights observers, and International Committee of the Red Cross
(ICRC) representatives were allowed to meet prisoners without third
parties present, made repeated visits, and also received access to all
police facilities in the southernmost provinces. However, the military
continued not to approve ICRC requests to visit prisoners detained in
military detention facilities in the four southernmost provinces, where
detainees allegedly were mistreated. For example, there had been no
observer visits to the Inkayuth Military Camp, Pattani Province, since
2008 (and there was unverified information that the camp's detention
center was closed in November). Representatives of the Office of the
U.N. High Commissioner for Refugees (UNHCR) had access to some
detainees at the Suvarnabhumi Airport IDC in Bangkok, but it 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 may consider and 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 may they involve themselves in a case unless an official
complaint is received (see also section 5).
Individuals who use drugs may be detained in compulsory
rehabilitation centers (there were 86 such centers in 2010), and it was
government policy to use these facilities to convert drug addicts into
``decent citizens.'' The law requires no informed consent before drug
users are sent to such centers, no individual clinical assessment of
the severity of an individual's drug dependence, no due process, and no
follow-up for those treated. Media reports catalogued abuses of addict
detainees, including physical abuse, and the absence of some health
services, such as medically assisted detoxification; HIV prevention,
treatment, care, and support; and evidence-based drug dependence
treatment. The individuals operating rehabilitation centers were
generally military personnel with no medical background. Additionally,
civil society groups operating harm-reduction projects faced barriers
to delivering their services to drug users, and there were reports that
law enforcement officers arrested and harassed outreach workers acting
within this government-approved project.
d. Arbitrary Arrest or Detention.--The constitution specifically
prohibits arbitrary arrest and detention, although government forces
occasionally arrested and detained persons arbitrarily. The Emergency
Decree, which gives the government authority to detain persons without
charge for up to 30 days in unofficial places of detention, remained in
effect in the three southern provinces of Yala, Pattani, and
Narathiwat. The decree was in addition to martial law, which continued
in 31 border-region and southernmost provinces and allows for detention
without charge for a maximum of seven days.
Emergency Decree provisions make it very difficult to challenge a
detention before a court. Under the decree detainees should have legal
access to counsel, but 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.
On August 16, the Udon Thani Court granted bail of one million baht
(approximately $33,000) each to 22 detained protesters from the United
Front for Democracy Against Dictatorship (UDD or ``Red Shirts'' )
charged with rioting and arson in Udon Thani Province when authorities
violently dispersed the Bangkok protest in May 2010. Lawyers affiliated
with the UDD movement continued to pursue bail for the remaining red-
shirt detainees jailed in Bangkok, Udon Thani, Ubon Ratchathani,
Mukdahan, Chiang Rai, and Chiang Mai provinces. At year's end 41 of the
original 422 remained in detention pending investigation or trial, and
10 had been sentenced and were imprisoned.
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 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 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 ISOC director. The ISOC is considered an
interagency monitoring body, with both civilian and military
representation. The ISA also authorizes broad powers for the military.
On January 17, as an exception, the government maintained the ISA in
Mae Lan District, Pattani Province, without using the Emergency Decree
or martial law, as a pilot project to study the effectiveness of the
ISA alone in maintaining security and decreasing violence in the South.
The experiment resulted in a similar or reduced incidence of violence
in the district, which is small and historically has had a low
incidence of violence compared with the region. An additional four
districts in Songkhla Province were under both the ISA and Emergency
Decree. The Emergency Decree provides the government greater powers
than the ISA and therefore takes precedence. The ISA was lifted in
Bangkok on May 24. Human rights organizations and academics criticized
the government for using the ISA 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 may 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, Supreme Court of Justice,
Justice Ministry, and Office of the Prime Minister also accept
complaints of police abuse and corruption, as does the Office of the
Ombudsman. The NHRC received 84 complaints of police abuse during the
year.
When police receive 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.
At year's end the joint NCCC-Office of the Attorney General (OAG)
committee investigation into the April 2009 attempted killing of
People's Alliance for Democracy leader Sondhi Limthongkul continued,
and the police officer and two soldiers for whom arrest warrants were
issued 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 continued not to be followed
much of the time. 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.
Under a cabinet mandate, the Ministry of Defense requires that
service members receive human rights training. Routine training
occurred 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 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
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. In the southern provinces, lawyers
reported that under the Emergency Decree they were denied adequate
access to detained clients, and some individuals reported they were
denied permission to visit detained family members. Foreign detainees
sometimes were pressured to sign confessions without the benefit of a
competent interpreter/translator. The Justice Ministry and OAG were
authorized to provide an attorney to indigent detainees at public
expense, but there was no definitive data available as to the extent of
provision.
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 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, particularly in drug arrests and cases
involving violence in the southernmost provinces.
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.
In February a public prosecutor dismissed criminal charges against
Suthachai Yimprasert, assistant professor of history at Chulalongkorn
University, who was arrested in May 2010 under the Emergency Decree for
distributing leaflets critical of the government and detained without
charge at a military camp in Saraburi Province for two weeks.
In January a public prosecutor dismissed charges against Amornwan
Charoenkij, whom police had arrested in October 2010 under the
Emergency Decree for selling flip-flop shoes printed with the faces of
the prime minister and deputy prime minister (along with a statement
authorities deemed to be criticism of the two) and released on bail.
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 police and military abuse 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 12 percent from
2010, following a 15 percent decrease from 2009. Legal aid often was
provided 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, but the LCT's
Lawyer Etiquette Division explained that clients must pay expenses,
such as travel, incurred by their attorney. 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 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 continued to express concern over the lack of adequate
protection for witnesses, particularly in cases involving alleged
police wrongdoing. The Justice Ministry 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 also 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, in force in three provinces, expressly exclude
scrutiny by the Administrative Courts or civil or criminal proceedings
against government officials, although victims may seek compensation
from a government agency instead.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The constitution specifically prohibits such actions,
and the government generally respected these prohibitions in practice.
However, martial law and the Emergency Decree give government security
forces authority to conduct warrantless searches, and this authority
was used in the southernmost provinces and border areas. There were
complaints during the year 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 Conflicts.--
The internal conflict in the ethnic Malay, Muslim-majority,
southernmost provinces (Narathiwat, Pattani, Yala, and portions of
Songkhla) continued throughout the year. As a result of frequent
bombings and other attacks by suspected insurgents and as a result of
government security operations, tension between the local ethnic Malay
Muslim and ethnic Thai Buddhist communities remained high, alongside a
distrust of security officials. The Emergency Decree in effect in this
southern 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. Moreover,
martial law imposed in 2006 remained in effect in Narathiwat, Pattani,
and Yala provinces, giving a wide range of powers to security forces.
(See also section 1.d., Role of the Police and Security Apparatus,
concerning a pilot project of maintaining only the ISA without the
Emergency Decree or martial law in one district.)
Killings.--Human rights groups accused government forces of
extrajudicial killings of individuals suspected of involvement with
separatists. For example, NGOs reported that on February 11 and 26, RTA
task forces assigned to the southernmost region shot and killed five
suspected insurgents while investigating a January 19 weapons theft in
which four soldiers were killed.
According to statistics from the NGO Deep South Watch, separatist
violence throughout the year resulted in 489 individuals killed and
1,044 injured in 905 incidents, similar to 2010 figures. As in previous
years, separatists frequently targeted government representatives,
including teachers and district and municipal officials as well as
military personnel in bombings, shootings, and kidnappings. Separatists
also killed and injured both Buddhist and Muslim civilians from many
walks of life.
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.
Abductions.--There were no confirmed reports that individuals
disappeared after being questioned by security officials in the
southern provinces. However, reputable NGOs reported the possible
forced disappearances of two men (Ibbroheng Kahong and Dunhami Marae)
who had been missing since April when they requested the return of
their boat, which the Border Patrol Police (Neresuan Camp) in Amphoe
Bannang Sata, Yala Province, had seized. Police told the missing men's
relatives they had not seen the two men.
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 Emergency Decree and martial
law provisions. 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.
Martial law allows for detention without charge up to seven days
without court or government agency approval in the provinces of
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 may begin holding suspects under normal criminal law.
Unlike under martial law, these latter detentions require the consent
of a court, although human rights NGOs complained that courts did not
always exercise their right to review these detentions. In some cases a
suspect was in fact held first under martial law for seven days and
then detained for an additional 30 days under the decree. The Southern
Border Province Police Command stated that its personnel arrested 143
persons under the decree during the year. It was unclear whether anyone
was detained under martial law alone.
Child Soldiers.--Regulations prohibit formal recruitment of
children under age 18 to serve as Territorial Defense Volunteers, and
in practice volunteers generally joined at age 20 or older, but there
was anecdotal information that a small number of children were involved
informally in such groups. There were no reports of youth under age 18
conscripted or recruited into governmental armed forces. Regarding
separatist groups, however, there were reports of recruitment of
children under age 18 to carry out attacks.
Also see the Department of State's Trafficking in Persons Report at
http://state.gov/j/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 claimed that villagers who attended these
training sessions were, in the past, subjected to interrogations and
collection of biometric data (fingerprints, DNA samples, and
photographs), but this practice has become less common and may have
completely ended. Nonetheless, the military continued to use written
and verbal demands to require attendance at these events.
During the year insurgents burned two schools in the southernmost
provinces. The Ministry of Education reported that since 2004,
insurgents had burned more than 330 schools in the South, 40 of them
more than once. The government frequently armed ethnic Thai Buddhist
and ethnic Malay Muslim civilians, fortified schools and temples, and
provided military escorts to monks and teachers. In some cases the
military has used schools as barracks. According to the ministry, 187
teachers, students, and education staff were killed and 307 others
injured due to separatist violence since 2004. During the year 13
students were injured and five were killed and 20 school personnel were
injured and 13 were killed due to separatist violence--all increases
from 2010. Separatist violence included attacks on medical facilities.
According to the Ministry of Public Health, 86 public health volunteers
had been killed, 58 health volunteers injured, and 25 community health
centers burned or bombed in the South since 2004. According to the NGO
Deep South Watch, separatists killed one public health official,
compared with two public health officials killed and two injured in
attacks on three facilities in 2010.
While official statistics were not available, there were reports--
such as the November 15 report of the NGO Internal Displacement
Monitoring Center--that more than 30 percent of Thai Buddhists and 10
percent of ethnic Malay Muslims have fled violence-affected areas in
the South to other provinces since 2004 (see section 2.d.). In August a
member of the Southern Border Provinces Administration and Development
Advisory Council stated to the media that almost all Buddhists had left
remote rural areas and that approximately 60,000 of the original
200,000 Buddhists remained in urban areas of the southernmost
provinces, but this data was unverified.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--Status of Freedom of Speech and
Press.--The constitution and law specifically provide for freedom of
speech and press with some exceptions, although the government used
Emergency Decree authority to limit these rights during the year in
southern provinces. The government continued to monitor television and
radio broadcasters and exert pressure on broadcast media to cooperate
in disseminating constructive and ``balanced'' news. 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 its senior-level officials and carried
interviews with opposition figures.
The international and independent media operated 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
expression to preserve national security, maintain public order,
preserve the rights of others, protect public morals, and prevent
insults to Buddhism. The law also 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.
Freedom of Speech.--Criminal Code Article 112, the so-called lese-
majeste law, makes it a crime--punishable by up to 15 years'
imprisonment for each offense--to criticize, insult, or threaten the
king, queen, royal heir apparent, or regent. The law also allows
citizens to initiate lese-majeste complaints against each other, and
there were several cases in which private citizens did so. Trials may
be conducted in secret, and the content of the alleged offenses may be
prohibited from public disclosure; human rights organizations and
academics expressed concern over the chilling effect these factors may
have on freedom of expression. On December 9, the Office of the U.N.
High Commissioner for Human Rights in Thailand expressed concern about
continuing lese-majeste trials and the harshness of resulting
sentences.
Significantly increased prosecutions for lese-majeste offenses
started in 2006 and continued through 2011. Official statistics varied
by agency, but in the decade before 2006, there were approximately five
new lese-majeste charges on average annually, compared with 478 new
charges involving Article 112 in 2010 that the Office of the Judiciary
reported. In 2011 through October, the Office of the Judiciary reported
85 new charges. The overall conviction rate remained nearly 100
percent.
On April 30, authorities arrested publisher and labor organizer
Somyot Phruksakasemsuk on lese-majeste charges based on two articles
published in Voice of Thaksin magazine in 2010. The court denied bail,
and his trial began on November 21 and continued at year's end.
On December 8, a court sentenced dual national Joe Gordon (also
known as Lerpong Wichaikhammat) to two-and-a-half years' imprisonment
for lese-majeste offenses. Authorities had arrested Gordon in May for
involvement, while living in a foreign country, with a Web site that
linked to the digital, translated version of a banned biography of the
Thai monarch entitled, The King Never Smiles, and he had pleaded
guilty.
On July 24, the Constitutional Court ruled that the secret trial
which had convicted political activist Daranee Charnchoengsilpakul
(also known as ``Da Torpedo'' ) on three counts of lese majeste--
resulting in an 18-year prison sentence in 2009--was not
unconstitutional and the original conviction should stand. On December
15, the Criminal Court resentenced her to 15 years in prison, and she
stated she would not appeal.
Freedom of Press.--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 law provides for the regulation of radio and television
frequencies and three categories of broadcast licenses (public service,
community service, and commercial). The National Broadcasting and
Telecommunications Commission (NBTC) allocates broadcast frequencies
and regulates broadcast media. 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 and to register with the
NBTC.
On April 28, the police commissioner announced that police had
raided 13 community radio stations in Bangkok as well as northern and
northeastern provinces on April 26 for illegal possession of
transmission equipment and illegal broadcasting. On July 5, police and
NBTC officials raided six community radio stations in Nakhon Ratchasima
Province.
Violence and Harassment.--A few journalists were subjected to
physical attacks due to their reporting. For example, on June 26, two
gunmen on a motorcycle shot and killed Sawai Chimphli, a public school
teacher and owner of a community radio station in Ubon Ratchathani
Province, while he was on the air. The motive remained unknown at
year's end.
In August red-shirt supporters accused Somjit Nawakruasurithorn, a
television reporter, of asking the prime minister aggressive questions,
protesting her actions, and calling for her dismissal. Three media
groups (the Thai Broadcast Journalists Association, the News
Broadcasting Council of Thailand, and the Thai Journalists Association)
called for an end to intimidation that they stated was designed to gag
the press and suppress dissent.
The killings of two foreign journalists, who died while covering
antigovernment protests in Bangkok in April and May 2010, remained
under investigation by the Department of Special Investigations (see
section 1.a.).
On August 18, the Nakhon Pathom Province Court convicted six
defendants of involvement in the July 2010 killing of Kongpop Sawasdi,
a reporter for the Thai Rath newspaper in Nakhon Pathom who also owned
the local newspaper, Pathom Post, and had written about a corruption
case involving a local politician. The court sentenced Chanin
Leepaiboon, a former Nakhon Pathom Administration Organization member
who ordered the killing, and Apirak Timpitak, the gunman, to death and
imposed prison terms of 20-50 years for four accomplices (Wien
Nitcharoen, Prathip Yotkaew, Naret Saenthet, and Kamphon Misin). At
year's end their appeals were pending. Authorities gave a seventh
suspect, Prasan Phantei, immunity in exchange for his testimony against
the others.
Censorship or Content Restrictions.--By invoking the Emergency
Decree in the three southernmost provinces, the government may restrict
print and broadcast media, online news, and social media networks
there. 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.
Journalists generally were free to comment on government activities
and institutions without fear of official reprisal. Nonetheless, they
occasionally practiced self-censorship, particularly with regard to the
monarchy and national security. Broadcast media were subject to
government censorship, both directly and indirectly, and self-
censorship was evident. Nevertheless, broadcast media reported
criticism of the government.
Libel Laws/National Security.--Defamation is a criminal offense,
punishable by a fine of up to 200,000 baht (approximately $6,700) and
two years' imprisonment. During the year criminal courts made several
rulings on defamation and libel cases against political activists and
politicians.
At year's end the appeal continued in the case of People's Alliance
for Democracy leader Sondhi Limthongkul: A court released him on bail
following his conviction in 2009 of defamation for statements
criticizing a former deputy prime minister during a 2007 television
program. He had been sentenced to two years in prison without
probation.
Internet Freedom.--The government imposed some restrictions on
access to the Internet and reportedly monitored Internet chat rooms and
social media. Individuals and groups generally could engage in the
peaceful expression of views via the Internet, including by e-mail,
although there were several content limitations, such as lese majeste,
pornography, and gambling.
The law establishes procedures for the search and seizure of
computers and computer data in certain criminal investigations and
gives the Ministry of Information and Communications Technology
authority to request and enforce the suspension of information
disseminated via computer. A maximum five-year prison sentence and a
100,000 baht (approximately $3,300) fine may 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 ($10,000) fine may be imposed if an offense results in the death
of an individual. The law also obliges Internet service providers to
preserve all user records for 90 days in case officials wish to access
them. Any service provider who gives consent to or intentionally
supports the publishing of illegal content is also liable to
punishment. Most prosecutions continued to be for content-related
offenses. By law a court order is required to ban a Web site, although
this requirement was not always applied in practice. 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 without being
required to obtain a court order. 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 in December 2010, Web sites
blocked under such provisions remained inaccessible, including popular
Internet freedom advocacy blogs such as ``Freedom Against Censorship
Thailand'' and ``Thai Political Prisoners.''
There was continued Internet censorship, and use of the law
continued to stifle certain areas of freedom of expression. The
government closely monitored and blocked thousands of Web sites that
criticized the monarchy. Many political Web boards and discussion
forums chose to self-censor and monitor discussions closely to avoid
being blocked, and newspapers disabled or restricted access to their
public comment sections to minimize exposure to possible lese majeste
charges.
On November 24, the Minister of Information and Communications
Technology stated that authorities had asked Facebook to remove 26,000
URLs of user accounts in August and September and 60,000 in October and
November with content deemed offensive to the monarchy. The ministry
also stated that those who spread such online content--``either
directly or indirectly''--by ``liking,'' ``sharing,'' or posting
comments on social networking sites could be prosecuted under the
Computer Crime Act and lese-majeste laws.
On December 1, the ministry introduced the Cyber Security Operation
Center, an office dedicated to monitoring the Internet for ``content
deemed harmful to the people of Thailand, especially lese-majeste
content.'' The new center was an expansion of the Internet Security
Operation Center and designed to focus more on monitoring social
networking sites.
The RTP Electronic Crime Suppression Division reported receiving
776 computer-related complaints during the year that resulted in 442
investigations--a complaint rate markedly greater than the 47 in 2009
or 285 in 2010. Most cases involved alleged defamation, lese majeste,
and illegal activity such as gambling and pornography.
On September 2, authorities arrested Suraphak Phuchaisaeng, a
freelance computer programmer from Nongkhai Province, for allegedly
creating an antimonarchy Facebook page--the first known arrest for lese
majeste under the new Puea Thai-led government--and charged him on
November 25 without setting bail.
On March 15, the Criminal Court sentenced Thanthawut
Thaweewarodomkul (also known by his online name, Red Eagle), whom
authorities had arrested in April 2010, to 13 years' imprisonment for
his role as webmaster of a UDD Web site.
On November 23, Amphon Tangnopphakhun, age 61, received a 20-year
prison sentence--reportedly the lengthiest such sentence ever--for
sending four Short Message Service text messages that included lese-
majeste content to the private secretary of former prime minister
Abhisit Vejjajiva in May 2010. He was arrested in August 2010.
The trial in the first of two lese-majeste prosecutions of
Chiranuch Premchaiporn, executive director of Prachatai, an independent
online newspaper, began in February and continued at year's end. Her
conviction could result in 20 years' imprisonment, because unrelated
third parties--one of whom had similar charges dismissed on January
31--posted comments on Prachatai.com that authorities deemed offensive
to the monarchy, and the comments allegedly were not removed quickly
enough. The case could set a precedent for intermediary liability under
the law.
Academic Freedom and Cultural Events.--The government restricted
academic discussions of the monarchy. For example, on May 11, after RTA
officers filed a complaint, Thammasat University professor and noted
historian Somsak Jiamthirasakul voluntarily appeared at a police
station to be charged with lese majeste for discussing the future of
the monarchy. Police did not arrest him, and his case remained pending
at year's end.
Cultural events may be censored, usually for reasons of public
decency. By law 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.'' The law 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. For
example, in May the Ministry of Culture and the Administrative Court
upheld the 2010 ban on the film, Insects in the Backyard, which told
the story of a transgender single father and featured scenes with child
prostitutes and same-sex sexual activity. Additionally, theater owners
and broadcasters frequently removed content before submitting films to
the board.
b. Freedom of Peaceful Assembly and Association.--There were no
developments related to the visit requested by the U.N. special
rapporteur on freedom of association and assembly on September 6.
Freedom of Assembly.--The constitution provides for freedom of
assembly, and the government respected this right with some exceptions.
Martial law, which gives the military authority to restrict freedom of
assembly, remained in effect in 31 border region and southern
provinces. The Emergency Decree, in effect in three of the southernmost
provinces, also provides authority to limit freedom of assembly.
The provinces of Surat Thani, Phuket, and Phang Nga have their own
regulations that prohibit migrant workers--specifically individuals
from Cambodia, Burma, and Laos--from forming gatherings, while Samut
Sakhon Province prohibits gatherings of more than five persons. These
provisions continued not to be enforced strictly. Employers and NGOs
may 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.
Authorities did not restrict the UDD, which organized the April-May
2010 political protests, from holding gatherings or protests throughout
the year, although the Department of Special Investigations, Truth for
Reconciliation Commission (see section 5), RTP, NHRC, and RTA continued
to investigate those events. These investigations focused on the deaths
of UDD demonstrators during the government's response as well as
terrorism, lese majeste, arson, robbery, and other charges against UDD
members and demonstrators. At year's end up to three dozen of the cases
had resulted in convictions, 10 of which remained in force after the
December royal proclamation (see section 1.d., Amnesty).
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 a political party with the
same name or emblem as that of a legally dissolved party.
c. Freedom of Religion.--See the Department of State's
International Religious Freedom Report at http://state.gov/j/drl/irf/
rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution provides for freedom
of movement within the country, foreign travel, emigration, and
repatriation. 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 usually cooperated with
the Office of the UNHCR and 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. Cooperation with the
UNHCR to protect certain groups remained uneven, which limited the
UNHCR's ability to provide its protection to all nationalities.
Refugees and asylum seekers outside of designated border camps
continued to be treated as illegal migrants, subject to arrest and
detention. During the year the government regularized the process of
bail for detained refugees and asylum seekers and, on May 30, released
96 detainees.
In-country Movement.--The government restricted the free movement
of members of hill tribes and other minority groups who were not
citizens but held government-issued identity cards. The holders of such
cards are prohibited from traveling outside their home districts
without prior permission from the district office or outside their home
provinces without permission from the provincial governor. Offenders
are subject to fines or a jail term of 45-60 days. Persons without
cards may 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 allowed freedom of movement and were by law confined to refugee
camps. A refugee apprehended outside one of the official camps is
subject to fines, detention, deregistration, and deportation.
Migrant workers who have undergone nationality verification and
have passports are free to travel throughout the country. Those only
holding work permits are restricted from traveling outside the province
where they work without permission.
Other long-time noncitizen residents, including thousands of ethnic
Shan and other non-hill tribe minorities, are required to seek
permission from local authorities for domestic travel.
Foreign Travel.--Other long-time noncitizen residents, including
thousands of ethnic Shan and other non-hill tribe minorities, are also
required to seek permission from local authorities for foreign travel.
Internally Displaced Persons (IDPs).--Unprecedented flooding in
late 2011 caused the closure of an estimated 18,000 businesses and the
displacement of approximately 650,000 workers in 19 provinces. The
government established shelters in temples, universities, and stadiums
for flood-affected victims countrywide and provided accommodation,
food, and medical services.
The government provided some flood relief to migrant laborers from
Burma, Cambodia, and Laos and did not deny relief to individuals based
on status. Relief agencies provided information on accessing relief,
although the lack of interpreters hindered efforts. The government
announced it would not deport flood-affected migrants found outside
their permit zone. Nevertheless, immigration officials in the Mae Sot
area reportedly arrested and deported migrants lacking passports. In
addition, some migrants reportedly turned themselves in and sought
assistance in returning to their home countries. Many workers from
Burma chose to return home: Officials estimated 50,000-100,000 returned
via Mae Sot, Tak Province. NGOs reported that officials on both sides
of the border at Mae Sot demanded bribes from migrants. Additionally,
the media reported inadequate support overall for migrant flood victims
in the border regions.
Official figures were unavailable, but several sources noted the
departure of significant numbers of residents from the violence-
affected southernmost provinces (see also section 1.g., Other Conflict-
related Abuses). Official registration data indicated small net losses
in population between 2004 and 2010 in Yala and Pattani provinces, but
a small net gain in Narathiwat Province.
Protection of Refugees.--Thailand is not a signatory to the 1951
Convention relating to the Status of Refugees or its 1967 Protocol.
Nevertheless, authorities continued to host significant numbers of
refugees, provide some protection against their expulsion or return,
and allow persons fleeing fighting in neighboring countries to cross
the border and remain until fighting ceased. In addition, non-Burmese
refugees recognized by the UNHCR and registered Burmese refugees
residing in official refugee camps were permitted to resettle in third
countries.
Access to Asylum.--The law does not provide for the granting of
asylum or refugee status. Asylum seekers and non-Burmese refugees who
reside outside official refugee camps are by law considered illegal
migrants. If arrested, they are subject to indefinite detention at IDCs
in Bangkok and other provinces (see section 1.c.).
The results of the pilot screening of Burmese asylum seekers by
government-instituted Provincial Admissions Boards (PABs) remained
under review by the government, and expansion of the screening process
to the remaining five camps did not occur by year's end. An estimated
60,000 Burmese have not registered due to the operationally defunct
status of the general PABs.
The UNHCR was limited in its ability to provide its protection
mandate to some Lao Hmong and Burmese outside the official camps as
well as to all North Koreans. It continued to have access to asylum
seekers in the main IDC in Bangkok and at Suvarnabhumi International
Airport to conduct status interviews and monitor new arrivals.
Resettlement countries were allowed to conduct processing activities in
the IDC, and NGOs were able to provide health care, nutritional
support, and other humanitarian assistance.
In August the media reported that authorities had arrested a
Chinese Uighur male on immigration charges and immediately turned him
over to Chinese authorities. The UNHCR was unable to interview the
individual to determine if he was seeking asylum before his
deportation.
The government continued to allow the UNHCR to monitor the
protection situation of the more than 144,000 Burmese refugees and
asylum seekers living in the nine camps along the Burmese border but
prohibited the UNHCR from having an assistance role in the camps. NGOs,
funded by the international community, provided basic humanitarian
assistance in the camps, including food, education, shelter, water,
sanitation, housing, and other services. Government authorities issued
identification cards to registered refugees living in the camps.
Outside the camps, government officials did not distinguish between
asylum-seeking Burmese and other undocumented Burmese migrants,
regarding all as illegal migrants. Generally, authorities took those
arrested to the border and deported them.
The government continued to facilitate third-country resettlement
of camp refugees, and during the year resettled 9,262 Burmese from
camps to other countries. Refugees residing in the nine camps along the
border who were not registered with the government were not eligible
for third-country resettlement. When registered refugees resettle,
hundreds of unregistered family members have been left behind without
reunification prospects. In addition, beneficiaries of foreign-
government-approved refugee and asylee family-reunification visas were
not permitted to depart Thailand. Although the government agreed in
principle to register family members through special PABs, by year's
end no special PABs had been initiated.
Nonrefoulement.--In practice the government provided some
protection against the expulsion or return of refugees to countries
where their lives or freedom would be threatened on account of their
race, religion, nationality, membership in a particular social group,
or political opinion, and during the year thousands of asylum seekers
entered the country and its refugee camps. However, NGOs estimated that
army border units returned thousands of Burmese asylum seekers--mostly
those seeking refuge from border skirmishes--to Burma before they could
reach established refugee camps.
Beginning November 2010 through early 2011, more than 30,000 ethnic
Karen and other Burmese entered the country at the town of Mae Sot,
Phop Phra District, Tha Son Yang, and Three Pagodas Pass to flee
fighting between the Democratic Karen Buddhist Army, often aligned with
other ethnic armies, and the Burmese army. While active 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 provided food, water, shelter,
health, and sanitation services to most populations. When the fighting
ceased, the RTA facilitated the return of the displaced Burmese to
Burma with the promise that they could cross again if fighting resumed.
Some NGOs reported coerced or forced returns by the RTA before
conditions were safe. At the beginning of the year, approximately 6,000
of these Burmese remained in Thailand. In the spring a few communities
consisting of several hundred Burmese lived in hiding with relatives on
the Thai side of the border. NGOs reported that fighting in various
locations on the Burmese side of the border continued until midyear.
In January the Royal Thai Navy reportedly intercepted three boats
carrying Rohingya (a stateless, predominantly Muslim group residing in
western Burma) passengers. Thai authorities took the first boat with 91
passengers into custody and, according to the passengers, towed the
boat out to sea and set them adrift. On February 6, Indian authorities
rescued them off the Nicobar Islands. A number of the passengers
reportedly required hospitalization for dehydration and exposure. Thai
authorities placed the 135 passengers of the other two boats, of whom
14 were minors, in immigration custody. The national welfare agency
took nine of these minors into custody and held them in a shelter while
contacting their parents; the other passengers were held in southern
Thailand IDCs, and the UNHCR and NGOs had access to them. From
September to December, authorities reportedly encountered another five
to seven boats at sea, provided humanitarian assistance, and allowed
them to continue on. Additionally, authorities reportedly seized other
boats carrying 221 Rohingya and Bangladeshi migrants on or near Thai
territory, arrested the migrants, took them to the border with Burma,
and released them.
Authorities continued to detain 44 Rohingya individuals from the
interception of boats in 2009. During 2011 three detainees from the
2009 group reportedly died in custody, including two minors. The UNHCR
and NGOs had access to detainees from previous years. During the year
authorities released all detained Rohingya at the border with Burma,
and at year's end there were no reports of Rohingya detained anywhere
in Thailand.
On December 17, the government deported Kha Yang, a Lao Hmong,
through an informal mechanism to Laos, where he was in custody at
year's end. Authorities had forcibly returned him to Laos in 2009 as
part of a group of 158 UNHCR-recognized Hmong refugees, and he had
subsequently returned to Thailand.
Immigration Police continued to arrest and detain asylum seekers
and refugees in Bangkok, including women and children. Ninety-six were
known to be in detention at year's end, primarily from Sri Lanka and
Vietnam. Bail agreements in 2011 between the Immigration Police and
several registered Thai NGOs resulted in the first-time release of
significant numbers of refugees and asylum seekers from indefinite
detention upon receipt of bail. By year's end authorities had released
157 refugees and four asylum seekers.
Refugee Abuse.--On September 28, Yang Chao, one of a group of Lao
Hmong returnees being irregularly repatriated to Laos near Nong Khai,
Thailand, drowned in the Mekong River. Although unsubstantiated,
foreign-based elements of the Hmong diaspora alleged that Thai
authorities had beaten him, and there was no known investigation.
Employment.--The law prohibits refugees from working in the
country. Burmese refugees in the official camps are prohibited from
working outside the camps.
The government allowed undocumented migrant workers from
neighboring Burma, Cambodia, and Laos to work legally in certain
economic sectors if they registered with authorities and began a
process to document their status (see section 7.d.).
Access to Basic Services.--The international community provided
basic services for refugees living inside closed camps.
A complicated medical referral system hampered the ability of
refugees to seek some necessary medical services. On October 3, the NGO
Doctors Without Borders--which provided basic medical services to
thousands of undocumented migrants and vulnerable populations outside
refugee camps--announced its withdrawal from Thailand after 36 years of
operation, because of alleged government interference and the NGO's
inability to obtain permission to continue providing health care
services.
Refugee children generally did not have access to the Thai
education system; NGOs provided schooling, with some coordination with
the Ministry of Education regarding curriculum.
Temporary Protection.--Throughout the year small groups of
individuals fleeing fighting in Shan State, Burma, crossed into
Thailand. There were no reports of their forced return to Burma by the
government, although persons of Shan ethnicity are not permitted to
enter the refugee camps, pursue refugee status, or seek resettlement to
third countries.
Stateless Persons.--Since revision of its nationality and civil
registration laws in 2008, the government has made considerable
progress in identifying stateless individuals, providing documentation
to preclude statelessness, and opening paths to citizenship for long-
time residents. The government reportedly estimated that 550,000
persons in Thailand could be considered stateless, mainly residing in
the northern region. Many are members of hill tribes, also known as
highlanders. Others are migrants from Burma who do not have evidence of
Burmese citizenship, ethnic minorities who have registered with civil
authorities, previously undocumented minorities, and displaced persons
(refugees) residing in border camps. A significant percentage of them
may be eligible for Thai citizenship under the law, if they file
applications.
Citizenship is not automatically conferred by birth within the
country. By law citizenship is based on birth to one or both Thai
parents, marriage to a Thai man, or naturalization. It may also be
acquired by means of special government-designated criteria implemented
by the Interior Ministry with approval from the cabinet or as a result
of nationality law (see also section 6, Children). 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.
The law stipulates that every child born in the country will
receive an official birth certificate, regardless of the parents' legal
status. In practice many parents did not obtain birth certificates for
their children due to the complexity of the process, the need to travel
from remote areas to district offices, and a lack of recognition of the
importance of the document. There were reports of some local officials
charging for the certificate although it is supposed to be free. During
the year authorities fully implemented the provision of birth
certificates in refugee camps, and as of the end of November, they
issued more than 1,700 birth certificates to newborns. In some camps
birth certificates were issued only to children of registered refugees.
By law, as noncitizens, stateless highlanders may not vote or own
land, and their travel is restricted. Stateless persons are prohibited
by law from participating in certain occupations reserved for citizens,
including farming, although in practice officials permitted noncitizen
highlanders to undertake subsistence agriculture. Stateless persons had
difficulty accessing credit and government services, such as education
or health care. Many stateless highlanders lived in poverty. Without
legal status, stateless persons were vulnerable to various forms of
abuse.
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 500-seat House of Representatives and 77
members of the 150-seat Senate. It also provides for the appointment of
73 additional Senate members by a selection committee composed of
members of the judiciary and other regulatory bodies, last designated
on April 12.
Elections and Political Participation.--Recent Elections.--The July
3 national election for the House of Representatives generally was
considered free and fair, although there were allegations of vote
buying, minor procedural irregularities, and scattered but unconfirmed
reports of intimidation by local military and government officials. The
Election Commission of Thailand (ECT) reported 590 complaints of fraud
in relation to the national election. Among them, the ECT completed 201
investigations--which led to 194 dismissals, two reelections, and five
findings of fraud that were referred to the Supreme Court--and 238
complaints were either dismissed by the ECT or withdrawn by petitioners
without full investigation; the rest were under investigation at year's
end.
During the year officials also held a vote recount for the July 3
national election in Yala Province.
There were several reports of election-related violence during the
year (also see section 1.a.). At least five injuries were linked to
attacks suspected of being politically motivated, including the March 2
car bombing that injured Anon Charoensuk, a local politician and
canvasser for the Social Action Party, and the May 10 shooting of
Pracha Prasopdi, a former Puea Thai member of parliament from Samut
Prakan Province. At year's end authorities had not charged anyone in
the former case but had charged four suspects in the latter. Another
dozen such cases involved politicians as victims during the year, but
the relationship to elections was not clear.
Participation of Women and Minorities.--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. A major exception
was the election of Thailand's first female prime minister, Yingluck
Shinawatra, during the year. The July 3 national election resulted in
81 women in the 500-seat lower house joining 25 women in the 150-seat
Senate. Women chaired six of the Senate's 22 standing committees, but
they chaired none in the lower house and held three of the 36 cabinet
positions.
Few members of ethnic minorities held positions of authority in
national politics. Muslims from the South held significant elected
positions at the national level, although they continued to be
underrepresented in appointed local and provincial government positions
staffed by the centralized national civil service. 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.
Government implementation of the law was weak, and officials sometimes
engaged in corrupt practices with impunity.
Corruption remained widespread among members of the police. There
were numerous incidents of police charged with abduction, sexual
harassment, theft, and malfeasance plus reports that police tortured,
beat, and otherwise abused detainees and prisoners, generally with
impunity. During the year police officers were arrested for drug
trafficking, convicted on extortion charges, and reportedly involved
with intellectual property rights violations. For example, a group of
four officers was suspected of conspiracy to commit murder, and a
police officer was purportedly involved in illegal logging.
At year's end the 2009 warrant for the arrest of former prime
minister Thaksin Shinawatra continued in force, and the Supreme Court
of Justice's case against him regarding a government bank loan to Burma
remained suspended. He continued to reside outside the country.
The NCCC and the Office of the Attorney General (OAG) continued to
investigate allegations of corruption committed by members of the
government led by Thaksin Shinawatra from 2001-06. The NCCC and OAG
findings triggered several cases at the Supreme Court of Justice's
Criminal Division for Persons Holding Political Positions. The NCCC
brought several other cases to court and reported that there were 9,555
cases pending investigation in December. In the 12-month period ending
October 1, the NCCC received 3,092 cases and completed 2,040 cases, 186
of which 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 2004 purchase of fire trucks, and cited
insufficient evidence for its 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 Courts, and Justice Ministry.
Public officials were subject to financial disclosure laws.
The constitution provides public access to government information,
and there were no reports that government agencies denied citizens'
requests for such information that was lawfully available. 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. Requests for
information may be denied for reasons of national security and public
safety. According to the commission, the vast majority of petitions
were approved. There were 587 petitions received and 247 appeals during
the year.
On August 23, the NCCC convicted the former director of the Tourism
Authority, Chuthamat Siriwan, and her daughter, Chittisopha Siriwan,
for corruption related to a 2010 film festival bribery case. At year's
end the case was under OAG examination.
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
their ability to secure adequate funding.
On July 28, gunmen shot and killed Thongnak Sawekchinda, an
environmental activist in Samut Sakhon Province, in front of his house.
He had protested the transport and use of coal that resulted in water,
air, and soil pollution. Police arrested seven suspects, some of whom
claimed a local coal transportation company hired them, and the
provincial public prosecutor's office continued to examine the case at
year's end.
On September 11, assailants shot and killed Thatsakamon Ob-om,
former parliamentary candidate and a leader of a Karen ethnic minority
movement in Kaeng Krachan National Reserve forest, in Amphoe Ban Lat,
Phetchaburi Province. His movement had petitioned and protested the
government's destruction of several Karen homes.
On October 11, the Prachuap Khiri Khan Provincial Court announced a
Supreme Court decision upholding the conviction of environmental
activist Jintana Kaewkhao and her sentence of four months' imprisonment
for trespassing against a company building a coal-fired plant in the
Hin Krut and Bo Nok areas of the province. She was given a royal pardon
in December.
U.N. and Other International Bodies.--According to a December 21
U.N. report, there were no developments regarding the 2010 visit
requested by the U.N. special rapporteur on the situation of human
rights defenders.
Government Human Rights Bodies.--The constitution mandates an
independent NHRC composed of seven members with expertise in the
protection of human rights, recruited by a committee, and selected by
the Senate. It is tasked with producing an annual report on the human
rights situation in the country. During the year the commission
received 1,029 petitions, of which 608 qualified for investigation, but
modest staffing and resources hampered progress. The government
responded to NHRC recommendations with an explanation or action
approximately half the time and adopted approximately one in five
recommendations. Although a draft report on the April-May 2010
political protests was leaked in July and roundly criticized, no
official document was released by year's end. The combined 2010/11
report was scheduled for release in early 2012. Several civil society
leaders rated the current NHRC poorly and publicly debated whether the
weakness was institutional or simply a result of capacity limitations
among commissioners.
The Office of the Ombudsman is an independent agency and has the
power to consider and investigate complaints lodged by any aggrieved
citizen. Following an investigation, the office may refer a case to a
court for further review or provide recommendations for further action
to the appropriate agency. All petitions are examined, but the office
cannot compel agencies to comply with its recommendations. The office
is required to submit annual performance reports to the prime minister
and National Assembly. Its 2011 budget was 190 million baht
(approximately $6.3 million), up from 156 million baht ($5.2 million)
in 2010. From October 2010 to September 2011, the office received 2,135
new petitions, continued investigating 1,123 cases from the previous
year, and resolved 1,816 cases. More than 80 percent of cases were
completed within one year. Surveys in 2010 by the King Prachadhipok
Institute concluded that 52 percent of the public trusted the Office of
the Ombudsman.
The following two parliamentary committees 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 intentioned but lacked the
enforcement capability required to be effective. They also were
described as reactive, difficult to access, and hampered by the
political affiliations of their chairmen.
Following the dispersal of the 2010 antigovernment protests, then-
prime minister Abhisit Vejjajiva, as part of a proposed national
reconciliation plan, formed three commissions to investigate and make
recommendations. The chairman of the National Reform Committee
dissolved it in July as governing power was about to transfer and
before the outgoing government acted on the committee's report. The
second, the Assembly for National Reform, which is responsible for
mobilizing persons from all sectors of society to participate in
national reform, was reportedly still active but had not produced
significant results.
The third, the Truth for Reconciliation Commission, established as
independent and chaired by Khanit na Nakhorn, received continuing
support and resources from the governments of then prime minister
Abhisit Vejjajiva and Prime Minister Yingluck Shinawatra to establish
causes, document facts, determine appropriate remedies, and recommend
steps to prevent a recurrence of large-scale protests. Its April 24
interim report noted that it lacked subpoena power and witness
protection capability and that its credibility was ``obstructed'' since
it had been established and was funded by the government (see also
section 1.a.).
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.
Nonetheless, in practice some discrimination existed, and government
enforcement of equal protection statutes was uneven.
Women.--Rape and Domestic Violence.--Rape is illegal, although the
government did not always enforce the law effectively. The law permits
authorities to prosecute spousal rape, and prosecutions occurred.
According to the police, 3,537 rape cases were reported during the
year, with one case in which the victim was killed, and police arrested
suspects in 1,542 of these cases, including the one that resulted in
the victim's death. The Health Ministry reported that 12,554 women
older than age 18 (74 percent between the ages of 25 and 45) reported
abuse in 2010 and sought assistance from the ministry's One Stop Crisis
Center. Of these victims, 75 percent reported physical abuse, and 15
percent reported sexual abuse.
The law specifies penalties ranging from four years' to life
imprisonment, as well as fines, for rape or forcible sexual assault,
depending on the age of the victim, severity of the assault, and
physical and mental condition of the victim afterward. The amount of
the fine depends on the severity of injury to the victim and generally
varies from 8,000 to 40,000 baht (approximately $267 to $1,300). The
law also provides that any individual convicted twice for the same type
of criminal rape within three years is liable to receive increased
penalties for recidivism. According to court statistics, 1,635 cases
involving sexual assault were filed with the courts, and 530 were
completed. Sentencing information was not available.
NGOs believed that rape continued to be 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 continued to
encourage women to report sexual crimes through the use of female
police officers in metropolitan Bangkok and three other provinces.
Domestic violence against women continued to be a significant
problem. The law imposes a fine of up to 6,000 baht (approximately
$200) 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 also establishes measures designed to facilitate both 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 abused women to external organizations
when in-hospital services were not available.
The Ministry of Social Development and Human Security (MSDHS)
reported that 831 cases of domestic violence were recorded during the
year nationwide. In 136 cases the victims chose to pursue criminal
charges, while in 367 cases they chose not to, and 141 cases remained
in consultation at year's end; the rest of the choices were unknown. At
year's end 105 of the criminal cases were under police or public
prosecutors' investigation and court mediation, prosecutors dismissed
four, eight reached plea agreements, 12 were found guilty, five were
dismissed by the court, and two were under appeal. Sentencing
information was unavailable. Of the individuals involved, 588 alleged
abusers were male and 52 were female, and 604 victims were female and
70 were male; data for the others were unavailable.
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.
Sexual Harassment.--Sexual harassment is illegal in both the public
and private sectors. The law specifies fines of not more than 20,000
baht (approximately $667) for individuals convicted of sexual
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 ($1,000). The law governing the civil service also prohibits
sexual harassment and stipulates five levels of punishment: probation,
docked salary, salary decrease, suspension, and termination. NGOs
claimed that the legal definition of harassment was vague and
prosecution of harassment claims difficult.
Sex Tourism.--Sex tourism was a problem, but sources differed as to
its extent. Although there are no laws that specifically address it,
laws on prostitution and trafficking in persons contain provisions to
combat it.
Reproductive Rights.--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.
According to data from the Population Reference Bureau,
approximately 77 percent of married women and girls ages 15 to 49 used
modern contraception methods. 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
lower. Approximately 98 percent of births were attended by skilled
health personnel, and the lifetime risk for death during childbirth was
estimated at one in 1,200. Prenatal and postnatal care was estimated to
be accessible to more than 90 percent of mothers and babies.
Discrimination.--In general women enjoy the same legal status and
rights as men. Nonetheless, women experienced discrimination on
occasion.
The law does not mandate nondiscrimination in hiring practices on
the basis of gender, and discrimination in hiring was common. For
example, it is not illegal to ask a prospective employee for family
status during an interview. Women are not allowed to work in all the
same industries as men. Government regulations require employers to pay
equal wages and benefits for equal work, regardless of gender.
Nonetheless, in practice women received lower pay for equal work in
many sectors of the economy, and women were concentrated in lower-
paying jobs. Women were able to own and manage businesses freely.
Women were unable to confer citizenship on their nonnational
spouses in the same way as men.
Military academies (except for the nursing academy) did not accept
female students, although a significant number of instructors at those
academies were women. According to the Armed Forces Personnel
Directorate, 58 women held the rank of general or above across all
military branches and within the Ministry of Defense as of December.
The Police Cadet Academy for commissioned officers accepts female
cadets, and 60 of 240 places in the 2012 cadet class were reserved for
women. According to the Office of the Civil Service Commission, women
held 24 percent of executive-level civil service positions at year's
end.
The government's Bureau of Women's Affairs and Family Development
was designed to promote the legal rights of women, notably through the
suboffice of the Bureau of Gender Equality Promotion, but it is not an
independent agency. It worked with NGOs and did not take a leading role
in women's rights.
Children.--Birth Registration.--Citizenship is not automatically
conferred by birth within the country, but all children born in
Thailand are entitled to birth registration. By law citizenship is
based either on birth to one or two Thai parents, marriage to a Thai
man, or naturalization. It may also be acquired by means of special
government-designated criteria implemented by the Interior Ministry
with cabinet approval or as a result of nationality law. 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 also
section 2.d.).
Education.--Education is compulsory, free, and universally provided
for 15 years. While this policy is applicable to Thai and non-Thai
children, migrant children in practice have more limited access to
schooling due to frequent moves and a lack of the Thai language.
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 there. Many NGOs reported
that most children of registered migrant workers, particularly in Samut
Sakhon and Chiang Mai provinces and Mae Sot District, were permitted to
attend public schools, but language barriers, distance from school, and
frequent relocations to follow parents to new job sites prevented some
migrant children from attending school. These children also 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 to pay
often chose to send their children to private nurseries or day-care
centers at their own expense.
Child Abuse.--The law provides for the protection of children from
abuse, and laws on rape and abandonment carry harsher penalties if the
victim is a child. The law imposes a jail term of seven to 20 years'
imprisonment and a fine of up to 40,000 baht (approximately $1,300) for
sexual intercourse with a victim under age 13. If the victim is between
the ages of 13 and 15, the penalty is four to 20 years' imprisonment
and the same range of fines.
The Health Ministry reported that 13,190 children reported abuse in
2010 and sought assistance from the ministry's One Stop Crisis Center.
Of these victims, 88 percent were girls; 68 percent reported sexual
abuse, and 21 percent reported physical abuse. Police continued their
reluctance 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 age 18, and procedures--with a
judge's consent--allow children to testify in abuse and pedophilia
cases 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 sexually abused girls received better
physical and psychological care than male victims did. Persons accused
of pedophilia were charged under appropriate age-of-consent and
prostitution laws.
Sexual Exploitation of Children.--Child prostitution remained a
problem. According to government officials, academics, and NGO
representatives, boys and girls, especially among migrant populations,
were sometimes forced, coerced, or lured into prostitution. While it
was widely believed there were fewer incidents of citizens forced into
prostitution, children from poor families remained vulnerable, and
there were some incidents of parents who forced their children into
prostitution. Citizens and foreign sex tourists continued to commit
pedophilia.
The law imposes heavy penalties on whoever procures, lures,
compels, or threatens children under age 18 for the purpose of
prostitution and provides that a customer who has sexual intercourse
with a prostitute under age 15 shall be subject to two to six years in
prison and a fine of up to 120,000 baht (approximately $4,000). 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 ($2,000). Parents who
allow a child to enter into prostitution may also be punished and 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 age 15. The law prohibits the
production, distribution, import, or export of child pornography. The
penalty is imprisonment for not more than three years and a fine of not
more than 6,000 baht ($200). The law also imposes heavy penalties on
persons who sexually exploit children, both boys and girls, younger
than age 18 and defines punishments for pimping, trafficking for labor
exploitation, and human smuggling.
Displaced Children.--Authorities generally referred street children
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. During 2008-09 the MSDHS reported that 15 of
139 human trafficking cases were a result of forced begging. While
there are no accurate numbers of beggars, the Bangkok Metropolitan
Administration estimated in January 2010 that approximately half of the
beggars in Bangkok were migrants, primarily Cambodian, and the other
half were Thai. Groups of child beggars included homeless children;
kidnapped children; and children who are deployed by parents during
school break, evenings after school, or weekends. Some migrants
compelled their children to beg to contribute to household income.
International Child Abductions.--The country is a party to the 1980
Hague Convention on the Civil Aspects of International Child Abduction.
Anti-Semitism.--The Jewish community is very small, and there were
no reports of anti-Semitic incidents.
Trafficking in Persons.--See the Department of State's Trafficking
in Persons Report at http://state.gov/j/tip.
Persons With Disabilities.--The constitution and law prohibit
discrimination against persons with physical, sensory, intellectual,
and mental disabilities in education, access to health care, or the
provision of other state services, but 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. The law allows
employment discrimination against persons with disabilities, and
activists continued to work for amendments.
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, while the Community Learning Center for People with
Disabilities project operated in 30 provinces. A National People with
Disabilities Day is observed 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 them.
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 100 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 half of all firms complied with the law
during the year; 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--continued to live under laws
and regulations that could restrict their movement, residence,
education, and occupation. The Chinese are confined to living in the
three northern provinces of Chiang Mai, Chiang Rai, and Mae Hong Son.
According to the Interior Ministry, none were granted citizenship
during the year.
Indigenous People.--Noncitizen members of hill tribes continued to
face restrictions on their movement, could not own land, had difficulty
accessing bank credit, 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 law 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 continued 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.--No laws 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 may be used in registering their
group names. They reported that police treated LGBT victims of crime
the same as other persons except in the case of sexual crimes, where
there was a tendency to downplay sexual abuse or not to take harassment
seriously. The law does not permit transgender individuals to change
their gender on identification documents.
On September 12, Bangkok's Central Administrative Court ordered the
Ministry of Defense to stop describing transgender persons as
``permanently mentally disabled'' in conscription records, and the
military reportedly complied. Some rights advocates considered this a
significant step toward reducing the harmful effects on future
employment opportunities caused by the policy of relieving gay and
transgender persons from duty under the draft because of their assumed
detrimental effect on the military's strength, image, and discipline.
There was some continued commercial discrimination based on sexual
orientation and gender identity. For example, some life insurance
companies refused to issue policies to gay men, although four major
insurance companies sold policies to LGBT citizens with provisions for
full transfer of benefits to same-sex partners. NGOs alleged that some
nightclubs, bars, hotels, and factories denied entry or employment to
gay, lesbian, and transgender 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 and an online campaign may have reduced
this stigma in some communities. There were continued 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 nor to discharge infected employees and
vowed to hold regular awareness campaigns, with 1,505 pledging during
the year.
At year's end the NHRC had not issued its final recommendation in
the case of the so-called AIDS temple, Wat Phrabat Namphu, which
sheltered many dying AIDS patients but also displayed corpses as a
cautionary tale--allegedly with patients' consent. A preliminary
agreement permitted the temple to display anonymous corpses.
Section 7. Worker Rights
a. Freedom of Association and the Right to Collective Bargaining.--
The law allows private sector workers to form and join trade unions of
their choosing without prior authorization, but it does not allow civil
servants, including public schoolteachers, soldiers, and police, to
form or register a union. In March the cabinet approved a draft law
proposed by the Office of the Civil Service Commission to allow civil
servants (excluding soldiers and police) to form or register a union,
and as of year's end the draft remained under review by the Council of
State. By law civil servants may form and register associations, but
these associations do not have the right to bargain collectively.
State-owned enterprise workers by law have the right to form
unions. Noncitizen migrant workers, whether registered or illegally
present, do not have that right nor the right to serve as union
officials, but registered migrants may be members of unions organized
and led by Thai citizens. The law restricts affiliations between state
enterprise unions and private sector unions.
Antiunion actions by employers are prohibited, although the law
also requires that union officials be full-time employees of the
company or state enterprise, which makes them vulnerable to employers
seeking to discipline workers who served as union officials or who
attempted to form unions. The law prohibits permanent union staff, thus
limiting the ability of unions to organize in depth and be politically
active. Workers may be dismissed for any reason, provided severance
payment is made. The law does not provide for reinstatement but a court
decision can allow for the reinstatement of an employee and
compensation of salary for losses while absent from work.
The law permits workers to strike after an employee has submitted a
demand resulting in a deadlock between the employer and employee.
Workers must submit a letter of notification at least 24 hours in
advance. 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, but it seldom invoked this
provision and did not do so during the year.
The law forbids strikes in ``essential services,'' which are
defined more broadly than under International Labor Organization (ILO)
criteria and include sectors such as telecommunications and public
transportation. The law prohibits the termination of employment of
legal strikers, but employers are 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
obtain strike approval by at least 50 percent of all union members.
The law provided for the right of citizen private sector workers to
organize and bargain collectively and defined the mechanisms for
collective bargaining plus government-assisted conciliation and
arbitration in cases under dispute.
Labor law enforcement was inconsistent and in some instances
ineffective in protecting workers who participated in union activities.
For example, labor courts ordered reinstatement of employees in some
cases where dismissal resulted from union activity and was therefore
illegal, but since 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 punishment of employers.
A system of labor courts exercised judicial review over most
aspects of labor law for the private sector. The Ministry of Labor
reported that 29,638 charges were referred to the Central Labor Court
in 2010: most conflicts involved violations of law and working-
condition agreements.
Problems of collective labor relations were adjudicated through the
tripartite Labor Relations Committee (LRC) and are subject to review by
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 may affect the national
economy or public order, the Ministry of Labor may refer them to the
LRC for settlement, but this legal authority was seldom used. 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 unjustly dismissed union leaders were
awarded only back wages with no punitive sanctions against the
employer, thus failing to dissuade employers from firing union
organizers and activists.
A substantial number of migrants worked in factories near border-
crossing points, where there were frequent reports of law violations
and few labor inspections. Labor inspectors generally could not speak
the languages of migrant workers, which hampered the ability of migrant
workers to report violations. In practice the right to organize was
exercised. Registered migrants did join unions run by Thai nationals,
but language barriers and the segregation of Thai and migrant workers
by industry meant that their numbers remained low.
Labor activists and some civil servants interpreted the
constitution as broadening the freedom of association to include
granting civil servants the right to form a union, and a small number
of civil servants attempted to organize a union. Civil servants held a
conference in 2011, but there was no additional information on their
ability to organize.
The law constrained the capacity and sustainability of unions by
allowing only two government-licensed outside advisers to assist a
union in collective bargaining. Local-level Ministry of Labor offices
reportedly blocked the licensing of labor advisers deemed ``too
activist.'' Furthermore, employers have the right to block any licensed
adviser from advising a labor union during collective bargaining
negotiations. Unions must use advisers whom the employer deems
acceptable. In practice this meant that employers had the freedom to
choose their advisers at the collective bargaining table, but labor
unions did not. Union leaders and outside observers noted that this
interfered with the ability to negotiate, train union members, and
develop expertise in collective bargaining and that it contributed to
rapid turnover in union leaders.
During 2010 the Department of Labor Protection and Welfare reported
170 informal conflicts between employers and employees involving
110,334 employees: 145 conflicts were resolved without walkouts, eight
were referred to a labor court, and 17 continued under the department's
process. The department also reported 66 formal labor disputes, a
significant drop from the number in 2009, and one lockout with two
strikes that involved 2,155 employees. Most disputes were related to
wages and other benefits.
Employers reportedly discriminated against workers who sought 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. As a result of late-2011 flooding in industrial park areas in
the central region, union activists reported dismissals of union
members who claimed losses as a result of flooding. There were also
cases reported of workers being dismissed from their jobs for engaging
in union activities. In some cases the labor courts ordered workers
reinstated if the grounds for their dismissals were proven unlawful.
Some of these workers were subsequently reinstated.
In practice severance pay upon dismissal was not always provided
despite legal requirements. NGOs reported that some workers who were
dismissed during the floods received severance pay lower than the
amount legally required.
The requirement for 50 percent union member approval set a high
barrier to conducting a legal strike. Some employers used unfavorable
work assignments and reductions in work hours and bonuses to punish
strikers. According to the ILO, the law provides for penalties,
including imprisonment and possible compulsory labor, for strikers in
state-owned enterprises.
On July 28, the Central Labor Court ruled legal the request of
State Railways of Thailand (SRT) to dismiss seven union leaders,
including the president of the State Railway Workers Union of Thailand,
Sawit Kaewwan, who had organized a work stoppage to protest unsafe
engines after a crash in Prachuap Khiri Khan Province in 2009 resulted
in seven fatalities. In addition the court ordered the workers to pay
SRT 15 billion baht (approximately $500 million) plus annual interest
for damages incurred. The NHRC, ILO, and local NGOs stated that the
strike sought to improve train safety conditions, not damage the
company, and that the dismissals constituted an abuse of worker rights.
At year's end the case was under appeal in the Supreme Court.
On October 7, the LRC ruled that three workers should be reinstated
with compensation since they had been dismissed unfairly from their
positions at KFC outlets in Bangkok for advocating better pay and
attempting to organize a union. The employer, Yum Restaurants
International (Thailand), reinstated the workers but also appealed the
court decision. One NGO reported that workers were reinstated but
harassed by fellow workers in an attempt to force them to quit.
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. By law 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, by law the contracting
business is the overall employer, and equal pay and benefits are
required for subcontract and regular employees.
In practice legal provisions that define who can join a union
(``employees working for the same employer'' or ``employees in the same
description of work'' ), 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. Because contract workers are classified as working in
the ``service industry,'' as opposed to the ``manufacturing industry,''
they may not join an industrial union. This restriction on joining with
full-time employees of industries often diminished the ability to
bargain collectively as a larger group.
b. 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.
Despite efforts by the government to enforce and raise awareness of the
law, problems of forced labor of men, women, and children persisted in
a small proportion of the economy, particularly in those sectors where
foreign migrant labor was common.
Employers often kept possession of migrant workers' registration
and travel documents, which restricted their movement outside the work
site, despite laws prohibiting this practice. Reportedly, some migrant
workers requested that employers hold their documents for safekeeping.
Reports of sweatshops and abusive treatment continued in a few
sectors, including seagoing trawlers, garment factories, and shrimp and
seafood-processing facilities. The large numbers of migrants from
Burma, Cambodia, and Laos in those sectors created opportunities for
abuse (see section 7.d.). For example, workers reported that employers
prevented their leaving their work sites.
Also see the Department of State's Trafficking in Persons Report at
http://state.gov/j/tip.
c. Prohibition of Child Labor and Minimum Age for Employment.--
Sufficient legal protections generally exist for children in the formal
economic sector. The law regulates the employment of children under age
18 and prohibits employment of children under age 15, although 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 age 18 to work overtime or
on a holiday and may not require work between 10 p.m. and 6 a.m.
without prior Labor Ministry approval. Children under age 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; work underground or underwater; 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 (approximately $6,700), or both.
The law provides limited coverage to workers in some informal
sectors, such as fishing and domestic employment, and allows for
issuance of ministerial regulations to address sectors not therein
covered. Such regulations increased protections for child workers in
domestic and agricultural sector work.
The Ministry of Labor was the primary agency charged with enforcing
child labor laws and policies. Labor inspectors, widely considered to
be too few and reactive to complaints rather than proactive, generally
could not speak ethnic minority languages, which hampered their ability
to communicate with workers, especially migrant workers. In an effort
to improve labor law enforcement, the ministry's Department of Labor
Protection and Welfare inspection plan for the year prioritized labor
inspections of small factories (those with fewer than 50 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.
The Social Security Office under the ministry reported there were
51,139 children ages 15 to 18 formally working and registered in the
social security system in 2010. This figure was almost 40 percent less
than in 2009; the reduction may have resulted from the constitutional
extension of free education from nine to 12 years and government policy
that extended free education, including coverage of fees, books, and
uniforms, further to 15 years. The Department of Labor Protection and
Welfare under the ministry reported that labor inspectors inspected
3,624 working children between ages 15 and 17 in 2010 and found only
one case of violation of underage children working in a small factory
in Prachuap Khiri Khan Province. The number of working children
inspected increased from 2,774 in 2009 and demonstrated increased
efforts by the ministry to inspect small facilities (often suspected of
employing most child labor).
In practice children (sometimes underage) were found working 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 individuals 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 continued to be reports of
street children who were bought, rented, or forcibly ``borrowed'' from
their parent(s) or guardian(s) to beg alongside women in the street.
Beyond 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 some cases of child labor in garment factories along the
Burmese border in Mae Sot District.
The total number of child laborers, legal and illegal, was likely
much larger when considering child laborers in the informal sector,
including unregistered migrant children. According to a study funded by
the ministry and ILO, labor abuse of child citizens continued to
decline, and such children made up less than 1 percent of the
workforce. However, there was no comprehensive survey of child labor
throughout the country.
Also see the Department of Labor's Findings on the Worst Forms of
Child Labor at http://dol.gov/ilab/programs/ocft/tda.htm.
d. Acceptable Conditions of Work.--The national daily minimum wage
ranged from 159 to 221 baht (approximately $5.30 to $7.37), depending
on the cost of living in various provinces. The national poverty line
is 56 baht/person/day ($1.87). On November 23, the government sought to
help flood-affected employers by announcing postponement of the prime
minister's promised increase in the minimum wage to 300 baht daily
($10) from January to April 2012. The government also sets separate
wages for state enterprise employees and civil servants with some
additional flexibility given to each ministry or department.
The maximum workweek by law is 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, may work a maximum of 42 hours
per week and are not permitted overtime. Petrochemical industry
employees may not work more than 12 hours per day and may work
continuously only for a period not exceeding 28 days. Legal protections
do not apply to all sectors. For example, the law does not completely
cover household domestic workers.
The Ministry of Labor promulgated the Occupational Safety, Health,
and Environment Act in January regarding work conditions.
The law prohibits pregnant workers from working on night shifts,
overtime, and holidays, with dangerous machinery, or on boats. In some
cases a pregnant employee who works in an office position that is not
physically demanding may work overtime, if the employee consents.
Despite the law's prohibition against dismissing pregnant workers,
there continued to be reports that employers laid off workers who
became pregnant. There is no law affording job protection to employees
who remove themselves from dangerous work situations.
The ministry is responsible for ensuring that employers adhere to
minimum wage requirements in the formal sector, but enforcement was
mixed. Some formal sector workers nationwide received less than the
minimum wage, particularly in rural provinces. The ministry reported
that 26 percent of inspected workplaces did not pay the minimum wage,
especially small enterprises. Labor protections also apply to
undocumented workers, but many unskilled and semiskilled migrant
workers worked for wages that were at times significantly less than the
minimum wage.
The ministry also enforces laws related to occupational safety and
health. In 2010 it employed 678 inspectors for an estimated 387,000
workplaces, and according to ministry statistics, they inspected 16,867
workplaces during the year and found 1,372 workplaces (9 percent) in
violation of health and safety regulations, most involving fire
accidents, failure to establish safety committees, and inappropriate
levels of heat, light, and noise.
The law imposes minor penalties and fines on employers that violate
it, which one NGO considered insufficient. The new Occupational Safety,
Health, and Environment Act went into effect on July 16, but its impact
on worker safety was unclear at year's end. According to the Department
of Labor Protection and Welfare, the incidence of legal violations
regarding workers' safety was highest in consumer goods production,
hotels, restaurants, and the construction industry.
During 2010 there were 146,511 reported incidents of diseases and
injuries from industrial accidents, including 103,813 minor
disabilities (resulting in no more than three days' work missed) and
42,698 disabilities resulting in more than three days' work missed
(including permanent disabilities and deaths). The rate of incidents
occurring in the informal and agricultural sectors and among migrant
workers was believed to be higher but underreported. Occupational
diseases rarely were diagnosed or compensated, and few doctors or
clinics specialized in them. Many young migrant women employed along
the border with Burma had limited, substandard medical-care options. In
medium- and large-sized 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 continued to be 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.
The government worked toward regularizing migrant labor to help
promote safe work conditions and reduce migrants' vulnerability to
abuse. Authorities required migrants to register and undergo
nationality verification. Those who register are permitted to work and
live temporarily in Thailand for two years and have access to social
security and healthcare benefits. Children of registered migrants are
entitled to register for residential permits if their parents have such
permits.
Migrants without documentation remained vulnerable and without
recourse to law. Threatened and actual deportation remained a problem.
Credible NGOs reported migrants often paid additional fees to police
and immigration officials if caught without documentation in order to
avoid deportation. NGOs complained that a June 2 order by former prime
minister Abhisit to deport undocumented migrants exacerbated the
situation. In response to criticism, the Ministry of Labor requested
that Immigration Police refrain from deportation during the
registration period. As of November the government reported that the
total number of registered migrant workers in Thailand from Burma,
Cambodia, and Laos reached an estimated 1.9 million. The government
announced that another registration round was scheduled to occur in
2012 to help register the remaining unregistered population, which may
number as high as one million but fluctuated due to regular cross-
border travel.
As part of a broader policy to facilitate legal status for
migrants, the government implemented process improvements in 2011,
including the establishment of one-stop service centers in Bangkok and
16 provinces, a clear outline and detailed information on the
registration process and fees, a hotline for migrant communities, a
pamphlet designed to reassure relatives of migrants and border-crossing
workers, and a Web site in Thai and other languages. The government
also examined ways to permit migrant workers flexibility to change
employers if one mistreats migrants or violates the law.
Migrant workers who complete nationality verification have access
to Social Security Office funds. The government recruited private
insurance companies to establish a separate Workers' Compensation Fund
for migrant workers, but at year's end the fund had not been
established due to lack of funding. NGOs reported several cases of
registered migrants who had not passed nationality verification and
were denied accident compensation.
NGOs reported poor working conditions for both documented and
undocumented migrants. Labor inspectors had limited resources, and NGOs
noted concerns about the practice of giving advance warning of planned
labor inspections. Migrants reportedly received well below the minimum
wage, worked long hours in unhealthy conditions, and lived with the
fear of arrest and deportation if unregistered. Civil society observers
continued to criticize the government's handling of vulnerable migrant
workers. In the Thai/Burma border area of Mae Sot, brokers often
shadowed workers at Thai deportation centers, flagging their arrival at
the Burmese border to procure additional fees from migrants.
Exploitive labor supply agencies charged Thai citizens working
overseas large, illegal recruitment fees which frequently equaled their
first- and second-year earnings. In many cases recruited workers did
not receive promised benefits and incurred significant debt. NGOs noted
that local moneylenders, mostly informal, contributed to this practice
by offering loans at exorbitant interest rates so workers could pay
recruitment fees, some of which were as high as 500,000 baht
(approximately $16,700). The Ministry of Labor's Department of
Employment issued regulations limiting the maximum charges for
recruitment fees, but effective enforcement of the rules was difficult.
On May 25, the ministry signed a two-year agreement to draw on ILO
technical support to improve the recruitment and protection of Thai and
foreign workers.
During the year the Department of Employment reported investigating
labor fraud by migrant labor recruitment agencies and suspending two
licenses, compared to nine suspensions in 2010. Authorities also
identified 377 individuals in 321 cases as subject to criminal
investigation for possible violation of the law.
__________
TIMOR-LESTE
executive summary
Timor-Leste is a multiparty parliamentary republic. President Jose
Ramos-Horta was head of state. Prime Minister Kay Rala Xanana Gusmao
headed a five-party coalition government formed following free and fair
elections in 2007. National security forces reported to civilian
authorities, but there were some problems with discipline and
accountability.
Principal human rights problems included police use of excessive
force during arrest and abuse of authority; arbitrary arrest and
detention; and an inefficient and understaffed judiciary that deprived
citizens of due process and an expeditious and fair trial.
Other human rights problems included gender-based violence,
violence against children including sexual assault, corruption, uneven
access to civil and criminal justice, warrantless search and arrest,
and poor prison conditions.
The government took concrete steps to prosecute members of the
security services who used excessive force or inappropriately treated
detainees. However, public perceptions of impunity persisted.
Section 1. Respect for the Integrity of the Person, Including Freedom
from:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
politically motivated killings by the government or its agents during
the year; however, on May 14, a Falintil Defense Forces (F-FDTL)
soldier beat an elderly woman to death for engaging in witchcraft. The
soldier was convicted of murder and was dismissed from the F-FDTL
following a disciplinary process.
The investigation into the 2010 case of F-FDTL soldiers who beat a
civilian to death in Laivai, Lautem, remained ongoing.
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), the U.N. Integrated Mission in Timor-Leste (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 August, members of the National Police of Timor-Leste (PNTL)
were accused of beating a woman in their custody in the district of
Baucau. The PNTL denied the accusation, but an official investigation
opened by the Ministry of Justice continued at year's end.
In 2010 the police detained individuals who were alleged members of
the Popular Council for the Defense of the Democratic Republic of
Timor-Leste (CPD-RDTL), as part of a larger operation against
``ninjas'' in the Bobonaro and Covalima Districts. Accusations that
some of the detained were beaten were not investigated.
Prison and Detention Center Conditions.--Prison conditions
generally met international standards. Despite some improvements in
2010 and 2011 with regard to access to food and potable water, police
station detention cells generally did not comply with international
standards and lacked sanitation facilities and bedding.
The authorities ran two prisons, located in Dili (Becora) and
Gleno. Together the two prisons held 260 individuals and had an
estimated capacity of 420 inmates. About half of the inmates were
pretrial detainees charged with homicide, robbery, or sexual assault.
Eight of the prisoners were women, and 17 were juveniles. Although
there were no separate facilities for women and youth offenders, all
female inmates were housed in a separate block of the Gleno prison.
Conditions were the same for male and female prisoners. Alternative
sentences for nonviolent offenders were not available.
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; the results of such investigations were shared
with NGOs and the U.N. The government investigated and monitored prison
and detention center conditions.
UNMIT and NGO 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 to issue warrants or make determinations on detentions.
Role of the Police and Security Apparatus.--The law designates the
PNTL as the body with responsibility for law enforcement and
maintenance of order within the country. The Border Police Unit,
Immigration Unit, and Maritime Police Unit of the PNTL also have some
responsibility for external security as it relates to the border, in
coordination with the F-FDTL. By law, the F-FDTL has no role in
internal security unless specifically requested and approved by the
government, the president, and parliament but it may be used to support
the police in joint operations. In practice, the roles and relationship
between the PNTL and F-FDTL were still evolving. The prime minister
also serves as minister of defense and security. Civilian secretaries
of state for security and defense oversaw the PNTL and F-FDTL,
respectively. 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. The police commissioner handles
the day-to-day operations of the PNTL and answers to the secretary of
state for security.
The PNTL, with UNMIT assistance, continued efforts to reform,
restructure, and rebuild in the wake of its collapse during the
political crisis of 2006. During the year UNMIT returned executive
policing authority to the PNTL after UNMIT determined the PNTL
demonstrated the ability to perform policy responsibilities adequately
in the remaining three districts under UNMIT authority. More than 460
International Stabilization Force personnel from Australia and New
Zealand supported the police and security forces.
When UNMIT returned executive policing authority to the PNTL in
March, 199 officers had not been screened for integrity and past crimes
or misbehavior. Following the handover, the Office of the Secretary of
State for Security completed its review of these officers, with
criminal and/or disciplinary action recommended against 121 officers.
At year's end the cases were still pending referral to the Office of
the Prosecutor-General or further internal disciplinary investigation.
In spite of improvements, the PNTL remained poorly equipped and
undertrained, subject to numerous credible allegations of abuse of
authority, mishandling of firearms, and corruption. During the year an
opposition parliamentarian and an international NGO continued earlier
criticism of 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 only 67 cases, down from 456 cases the previous year.
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 2009 does
not provide for guaranteed participation from the civilian sector in
police oversight.
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
post some sort of collateralized bail (whether financial or property
based) and 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.
Detainees were not held incommunicado, and when lawyers were available
they did not have issues accessing their clients.
Pretrial Detention.--Pretrial detainees comprised approximately 50
percent of the total prison population. Trial delays were most
frequently caused by judicial inefficiency and staff shortages. In many
cases the length of pretrial detention equaled or exceeded the length
of the sentence upon conviction. 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, exacerbating the pretrial detention
problem.
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, judicial independence did not exist in practice.
Access to justice was constrained by a wide array of challenges in the
judicial system, including: concerns about the impartiality of some
judicial organs, a severe shortage of qualified personnel, a complex
legal regime and a legal regime that is based on different legal
sources, including Portuguese-era, Indonesian-era, and interim U.N.
administration-era law and regulation in addition to laws enacted since
independence. A major challenge is the fact that laws were written and
courts operated in Portuguese, a language not spoken by the majority of
the population.
Trial Procedures.--Defendants enjoy a presumption of innocence,
trials are before judges, and defendants do not have a right to trial
by jury. Defendants have the right to consult an attorney, and the
government provides attorneys to indigent defendants. Defendants can
confront hostile witnesses and present other witnesses and evidence;
however, immediate family members cannot be compelled to testify.
Defendants and their attorneys have access to government-held evidence
and have a right of appeal to higher courts.
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 Office of 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. Some
residents of land defined as public property were evicted during the
year, and many of those evictions were criticized by some local human
rights groups.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--Status of Freedom of Speech and
Press.--The law provides for freedom of speech and press, and the
government generally respected these rights in practice.
Freedom of Press.--The independent media were active and expressed
a wide variety of views without restrictions.
Violence and Harassment
In June 2010, PNTL officers at the Government Palace beat a
journalist from Diario Nacional. The journalist later withdrew his
complaint, so no investigation was conducted.
Internet Freedom.--There were no government restrictions on access
to the Internet or credible reports that the government monitored e-
mail or Internet chat rooms. Individuals and groups could engage in the
peaceful expression of views via the Internet, including by e-mail.
Academic Freedom and Cultural Events.--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.--The law provides
for freedom of assembly and association, and the government generally
respected these rights in practice.
Freedom of Assembly.--The law on assembly and demonstrations
establishes guidelines on obtaining permits to hold demonstrations,
requires police be notified four days in advance of any demonstration
or strike, and establishes set-back requirements at some buildings.
However, in practice demonstrations were allowed to take place without
the requisite advance notification, and the set-back requirement was
rarely observed.
Freedom of Association.--The constitution provides for freedom of
association, and the government generally respected this right in
practice. However, in 2010 there were accusations that during the anti-
'' ninja'' activities, the PNTL intimidated members of CPD-RDTL, trying
to force their resignations from the organization.
c. Freedom of Religion.--See the Department of State's
International Religious Freedom Report at http://state.gov/j/drl/irf/
rpt/.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The law provides for freedom of
movement within the country, foreign travel, emigration, and
repatriation, and the government generally respected these rights in
practice. The government cooperated with the Office of the U.N. High
Commissioner for Refugees and other humanitarian organizations in
providing protection and assistance to internally displaced persons,
refugees, returning refugees, asylum seekers, stateless persons, and
other persons of concern.
Travel by road to the western enclave of Oecussi required visas and
lengthy stops at Timorese and Indonesian checkpoints at the border
crossings.
Protection of Refugees.--Access to Asylum.--The laws provide for
the granting of asylum or refugee status, and the government has
established a system for providing protection to refugees. The
government granted refugee status; 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.
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. Citizens exercised this right in practice through periodic,
free, and fair elections based on universal suffrage.
Elections and Political Participation.--Recent Elections.--The
president and parliament were separately elected to five-year mandates
in generally free and fair national elections in 2007. The government
headed by Prime Minister Gusmao is a five-party coalition controlling
37 seats in the 65-seat parliament.
Participation of Women and Minorities.--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. In May, the president approved changes to
the election law that included a provision requiring that women make up
at least one third of the candidates on each political party's list for
parliamentary elections.
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 with impunity. By law
the Anticorruption Commission is charged with leading national anti-
corruption activities and has the authority to refer cases for
prosecution. The Anti-corruption Commission was established in 2010,
taking responsibility for corruption cases from the Office of the
Ombudsman for Human Rights and Justice.
The Anti-Corruption Commission transferred to the Prosecutor
General's Office several high-profile corruption cases, including
accusations against two cabinet ministers. Charges were pending in both
cases.
There were accusations of police corruption in the country. Some of
the accusations involved bribes accepted by the border police along the
extensive land borders with Indonesia, and bribes accepted by police
from brothels that engaged in trafficking in persons.
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 during the year only the
vice foreign minister completed the disclosure.
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 the law requires publication in Tetum as well.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A wide variety of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. Government officials
usually cooperated with these organizations, but during the year there
were instances of security authorities preventing or resisting efforts
to monitor human rights compliance.
Government Human Rights Bodies.--The independent Office of the
Ombudsman for Human Rights and Justice is responsible for the promotion
of human rights and good governance and has its own budget and
dedicated staff. 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 ten NGOs, closely
cooperated with the ombudsman. There were no reports of government
interference in Ombudsman activities.
Based on recommendations from the Indonesia-Timor-Leste Commission
on Truth and Friendship (CTF), parliament debated a national
reparations program and creation of an ``Institute for Memory'' during
the year, but at year's 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.--Rape and Domestic Violence.--Gender-based violence remained
a serious concern. Although rape is a crime, punishable by up to 20
years in prison, 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. An UNMIT report released
in September described a lack of accountability in the cases of nine
women with disabilities who were raped during the year. The UNMIT
report suggested the women were targeted for attack because of their
disability.
In May 2010, 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. During the year, the authorities received 210 reports of
domestic abuse. The Ministry of Justice was investigating 81 cases, the
police were investigating 16 cases, the court was processing 20 cases
and two people were convicted of domestic abuse.
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: Some officials actively pursued
cases and others preferred to handle them through mediation or as
private family matters. VPU operations were severely constrained by
lack of support and resources. Police at times came under pressure from
community members to ignore cases of domestic violence or sexual abuse.
The new PNTL disciplinary code allows the PNTL to impose disciplinary
sanctions on police who commit domestic violence in their own homes.
The government actively promoted awareness campaigns to combat violence
against women, including rape.
Sexual Harassment.--No law prohibits sexual harassment, which was
reportedly widespread, particularly within some government ministries
and the police.
Reproductive Rights.--The government recognized the right of
couples and individuals to decide freely and responsibly the number,
spacing, and timing of their children and to have the information and
means to do so free from discrimination, coercion, and violence.
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 in 2010 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 2010
estimates by the U.N. 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. Women and men had equal
access to diagnostic and treatment services for sexually transmitted
diseases, including HIV/AIDS. An UNMIT report released in September
described a woman with disabilities who was sterilized without consent
after giving birth.
Discrimination.--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 also occurred.
Women were also disadvantaged in pursuing job opportunities at the
village level.
The constitution guarantees equal rights to own property, but in
practice traditional inheritance systems tended to exclude women from
land ownership. 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 had 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 coordinated and supported the work of Rede
Feto.
The Ministry of Social Solidarity and women's organizations offered
some assistance to female victims of violence, including shelters for
victims of domestic violence and incest, a safe room at the national
hospital for victims of domestic violence and sexual assault, and
escorts to judicial proceedings.
Children.--Birth Registration.--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.
Education.--The constitution stipulates that primary education
shall be compulsory and free. Legislation has been adopted requiring
compulsory education until 14 years of age; however, no system has been
established to enforce compulsory education, nor has a system been
established to ensure provision of free education. According to U.N.
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 the aggregate,
male children were more likely to attend school than were female
children.
Child Abuse.--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.
Sexual Exploitation of Children.--There is no clearly defined age
below which sex is by definition nonconsensual. Violence against
children and child sexual assault were significant problems. 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.
International Child Abductions.--The country is not a party to the
1980 Hague Convention on the Civil Aspects of International Child
Abduction.
Anti-Semitism.--There was no indigenous Jewish population, and
there were no reports of anti-Semitic acts.
Trafficking in Persons.--See the Department of State's Trafficking
in Persons Report at http://state.gov/j/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 incarcerated 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.--Tensions between persons from
the eastern districts (Lorosae) and persons from the western districts
(Loromonu) appeared to be greatly reduced, and no specific incidents
were observed during the year.
Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--The law makes no reference to
homosexual activity. Gay men and lesbians were not highly visible in
the country. There were no formal reports of discrimination based on
sexual orientation or gender identity, due in part to limited awareness
of the issue and a lack of formal legal protections.
Other Societal Violence or Discrimination.--According to the East
Timor Law and Justice Bulletin (ETLJB), the principal international NGO
that runs an HIV/AIDS transmission reduction program excludes gay men
from its program.
Section 7. Worker Rights
a. Freedom of Association and the Right to Collective Bargaining.--
The law permits workers to form and join worker organizations without
prior authorization, provides for the right to strike, and allows for
collective bargaining. 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. By year's end the government
had begun compiling data on the percentage of unionized workers in the
formal sector.
Freedom of association and collective bargaining rights were
respected in practice. 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 prohibits foreigners from
participating in the administration of trade unions, although there was
no evidence that this prohibition was enforced.
The law on assembly and demonstrations could be used to inhibit
strikes but was not used in this way.
In practice 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.
b. Prohibition of Forced or Compulsory Labor.--Government
regulations prohibit forced or compulsory labor, although there were
reports that such practices occurred. The placement of children in
bonded labor by family members in order to pay off family debts
occurred during the year.
Also see the Department of State's Trafficking in Persons Report at
http://state.gov/j/tip.
c. Prohibition of Child Labor and Minimum Age for Employment.--The
law generally prohibits children under age 15 from working. However,
there are circumstances under which work for children between the ages
of 15 and 18 is restricted and circumstances under which children under
15, can work legally. 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.
Also see the Department of Labor's Findings on the Worst Forms of
Child Labor at http://dol.gov/ilab/programs/ocft/tda.htm.
d. Acceptable Conditions of Work.--The law does not stipulate a
minimum wage. The law provides for a standard work week 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. The official national
poverty income level is $0.88 per day. (The U.S. dollar is the local
currency.) An estimated 41 percent of the population lived below the
poverty line.
__________
TONGA
executive summary
The Kingdom of Tonga is a constitutional monarchy under King Siaosi
(George) Tupou V. Political life is dominated by the king, the
nobility, prominent commoners, and democratic reform figures. The most
recent parliamentary elections, held in November 2010, were deemed
generally free and fair, and in December 2010 Parliament elected a
nobles' representative, Lord Tu'ivakano, as prime minister.
Domestic violence, discrimination against women, and government
corruption were the most prevalent human rights problems.
The privileged status enjoyed by the royal family and nobility
contributed to a lack of government transparency and socioeconomic
mobility. The government also at times restricted media coverage of
certain political topics. A state of emergency imposed after a 2006
riot in the capital of Nuku'alofa was in effect at the beginning of the
year but was lifted in early February.
There were no reports that government officials committed human
rights abuses during the year.
Section 1. Respect for the Integrity of the Person, Including Freedom
from:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the government or its agents committed arbitrary or
unlawful killings.
b. Disappearance.--There were no reports of politically motivated
disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The 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. Prisoners had
access to potable water. 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 158 inmates, including three pretrial
detainees. Of the total, four were women and 17 were juveniles (defined
as under age 20). The maximum total prison capacity was 222. Prisoners
had 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 member of the clergy, 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 national police,
under the minister of police and prisons, maintain internal security.
The Tonga Defense Services (TDS), under the minister of defense (a
position held by the prime minister during the year), is responsible
for external security. In emergency situations the TDS also shares
domestic security duties with the police. The king is the commander in
chief of the TDS. Civilian authorities maintained control over the TDS
and police, and the government has effective mechanisms to investigate
and punish security force abuse and corruption. There were no reports
of impunity involving the security forces during the year. Complaints
against police are referred to the Police Employment Committee, which
determines the severity of the complaint and refers it to the Police
Board. The committee may take disciplinary action against police
officers, but refers serious breaches to the board. The board has the
power to determine the action that should be taken in response to a
serious breach of discipline, including dismissal from the force.
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, although the system has been modified to
increase the king's judicial appointment power. In 2010 the king
transferred authority to appoint judges to the lord chancellor,
appointed by the monarch, from the Judicial Services Commission, which
he disbanded. The lord chancellor also has authority to investigate
complaints against judges, a responsibility that previously rested with
the Judicial Services Commission. The change ostensibly was made to
insulate judicial appointments from parliamentary influence, but
opponents asserted it would compromise the independence of the
judiciary.
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, have access to
government-held evidence, and may present witnesses, question witnesses
against them, and appeal convictions. They have the right to be present
at their trials and 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.
Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.
Civil Judicial Procedures and Remedies.--There is an independent
and impartial judiciary in civil matters. Any violation of a human
right provided for in the law can be addressed in the courts.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The constitution prohibits such actions, and the
government generally respected these prohibitions in practice.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--Status of Freedom of Speech and
Press.--The constitution provides for freedom of speech and press, but
the government did not always respect these rights in practice.
Freedom of Press.--Media outlets reported on political developments
and high-profile court cases but exercised self-censorship regarding
high-profile individuals. The government-owned Tonga Broadcasting
Commission's board directed that all programming be reviewed by board-
appointed censors prior to broadcast, including coverage of the 2010
election campaign.
Beginning in late 2010, parliamentary debates were made accessible
to both private and publicly owned media. The debate minutes were
available publicly online within days after the debates.
Libel Laws.--In a May civil case, a court ruled that the newspaper
Kele'a had defamed Clive Edwards, an unsuccessful candidate for
Parliament in the 2010 elections, and fined the newspaper 14,275
pa'anga ($8,100). The day before the elections, the newspaper published
a list of candidates, including Edwards, that it claimed had been
assembled and supported by the government. The editor stated the list
was obtained from the then government. Government witnesses stated the
government did not provide any such information. Edwards had sued the
newspaper, alleging that the article was false and adversely affected
his candidacy.
Internet Freedom.--There were no government restrictions on access
to the Internet or credible reports that the government monitored e-
mail or Internet chat rooms. Individuals and groups could engage in the
expression of views via the Internet, including by e-mail.
Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.
b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The constitution provides for freedom of assembly, and the
government generally respected this right in practice. In February the
government lifted a state of emergency that had been in effect since a
2006 riot in the capital of Nuku'alofa.
Freedom of Association.--The constitution provides for freedom of
association, and the government generally respected this right in
practice.
c. Freedom of Religion.--See the Department of State's
International Religious Freedom Report at http://state.gov/j/drl/irf/
rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The law provides for freedom of
movement within the country, foreign travel, emigration, and
repatriation, and the government generally respected these rights in
practice.
Exile.--The law does not prohibit forced exile, but the government
did not employ it in practice.
Protection of Refugees.--Access to Asylum.--The country's laws do
not provide for the granting of asylum or refugee status, and the
government has not established a system for providing protection to
refugees. However, during the year the government granted refuge and
Tongan citizenship to former Fijian army officer Ratu Tevita Roko
Uluilakeba Mara, who fled to Tonga after being charged with sedition in
Fiji. Mara had claimed the charges were politically motivated, and
Tonga denied Fiji's extradition request.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
Elections and Political Participation.--Recent Elections.--
Parliament has 26 elected members. Of these, 17 are popularly elected
and nine 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; they then also are seated in
Parliament during their tenure in the cabinet. The most recent
parliamentary elections, held in November 2010, were deemed generally
free and fair.
Although the majority of members of Parliament are chosen by
popular vote, the king retains significant powers, such as those to
withhold his assent to laws and dissolve Parliament.
Political Parties.--Nobles and cabinet members associated with the
royal family have traditionally dominated the Parliament and
government. For several decades a democracy movement has been building,
and since 2005 three proreform political parties have been registered,
although during the year only two were active.
Participation of Women and Minorities.--There were no women elected
to Parliament. One woman joined the government and Parliament by direct
appointment to the cabinet. 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 or
Parliament..--Section 4. Official Corruption and Government
Transparency
The law provides criminal penalties for official corruption. The
government sometimes implemented the law, but officials engaged in
corrupt practices with impunity, and corruption remained a serious
problem. Since 2008 the Office of the Auditor General has reported 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 and Domestic Violence.--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 reported were investigated by the
police and prosecuted under the penal code. According to the police,
there were three cases of rape reported in 2011. Nongovernmental
organizations (NGOs) often reported higher figures than the police.
The law does not address domestic violence specifically, but it 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 magistrates'
courts. The no drop policy was introduced in 2009 because many women
were reluctant to press charges against their spouses due to cultural
constraints. During the year there were approximately 300 cases of
domestic violence reported to the Police Domestic Violence Unit.
Following reports of abuse, victims received counseling from the unit's
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.
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 Women and Children Crisis Center indicated
that as of October, 241 persons received assistance from the center
during the year, including 169 women, 10 men, and 62 children.
Sexual Harassment.--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.
Reproductive Rights.--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.
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.
Discrimination.--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.
Both the inheritance laws and the land rights laws increased economic
discrimination experienced by women in terms of their ability to access
credit and own and operate businesses.
Women had lower labor force participation rates than their male
counterparts (74.6 percent for men compared with 52.7 percent for
women). Unemployment levels were higher for women, at 7.4 percent,
compared with 3.6 percent for men. Average weekly earnings were higher
for men--127 pa'anga ($68) compared with 112 pa'anga ($60) for women.
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 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.
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. 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 Registration.--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. The law requires
births to be registered within three weeks, and this was usually done
in practice.
Child Abuse.--According to Police Domestic Violence Unit
statistics, during the year there were 33 reports of assaults on
children up to age 19 (28 girls and five boys).
Sexual Exploitation of Children.--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 ($53,475) or up to 10 years' imprisonment for individuals and a
fine of up to 250,000 pa'anga ($133,700) for corporations.
International Child Abductions.--The country is not a party to the
1980 Hague Convention on the Civil Aspects of International Child
Abduction.
Anti-Semitism.--There was no known resident Jewish community, and
there were no reports of anti-Semitic acts.
Trafficking in Persons.--See the Department of State's Trafficking
in Persons Report at http://state.gov/j/tip.
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 program of the
Ministry of Education, Women, and Culture to assimilate children with
disabilities into primary schools continued during the year. The queen
mother ran a center providing accommodation and meals for adults with
disabilities. There 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. A subculture of transgender dress and behavior
was tolerated, and a prominent NGO and annual festival highlighted
transgender identities. 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. Freedom of Association and the Right to Collective Bargaining.--
The law protects the right of workers to form and join independent
unions, strike, and engage in collective bargaining, but regulations on
the formation of unions, strikes, and collective bargaining were never
promulgated. There is no law specifically prohibiting antiunion
discrimination or providing for reinstatement of workers fired for
union activity. There were no official unions. The Friendly Islands
Teachers Association and the Tonga Nurses Association were incorporated
under the Incorporated Societies Act but have no formal bargaining
rights under the act. The Public Servants Association acted as a de
facto union representing all government employees. There have been
strikes, but none took place during the year.
Collective bargaining was not known to take place in practice.
There were no known reports of antiunion or antiassociation
discrimination during the year. There was no dispute resolution
mechanism in place specifically for labor disputes, although persons
could take their cases to court.
b. 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.
Also see the Department of State's Trafficking in Persons Report at
http://state.gov/j/tip.
c. 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.
Also see the Department of Labor's Findings on the Worst Forms of
Child Labor at http://dol.gov/ilab/programs/ocft/tda.htm.
d. 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 ($16) per week. Data from the 2009
Household Income and Expenditure Survey (the latest available)
indicated that 3.1 percent of the population lived in absolute poverty
and 22.5 percent lived below the basic needs poverty line. While the
latter group did not live in absolute poverty, they struggled to meet
extra costs like education, transport, and utility bills.
Labor laws and regulations, enforced by the Ministry of Labor,
Commerce, and Industries, limited the work week to 40 hours. There are
no laws mandating premium pay for overtime or prohibiting excessive
compulsory overtime.
The ministry enforced labor 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
executive summary
Tuvalu is a constitutional parliamentary democracy. Following
generally free and fair parliamentary elections in September 2010, a
loose coalition of eight of the 15 members of Parliament (MPs) formed a
new government and selected Maatia Toafa as prime minister. However, in
December 2010 Parliament ousted Toafa in a vote of no confidence and
selected Willy Telavi as the new prime minister. Security forces
reported to civilian authorities.
There were human rights problems in a few areas. In particular,
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.
In January the government banned public gatherings and meetings in
the capital, Funafuti, following demonstrations by residents of
Nukufetau Island demanding removal of one of their MPs. The ban ended
in mid-February.
There were no reports that government officials committed human
rights abuses.
Section 1. Respect for the Integrity of the Person, Including Freedom
from:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports 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 prisoners
had access to potable water. The government permitted visits by
independent human rights observers, but there were no such visits
during the year.
As of November the prison system held 12 convicted prisoners (11
men and one woman). There were no juvenile offenders (defined as those
under age 18) or pretrial detainees.
Prisoners had access to visitors and were permitted religious
observance. Prisoners could submit complaints without censorship
through the Office of the People's 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 a formal ombudsman who can act on behalf
of prisoners and detainees.
Renovations were made to the women's prison during the year.
d. Arbitrary Arrest or Detention.--The law prohibits arbitrary
arrest and detention, and the government generally observed these
prohibitions.
Role of the Police and Security Apparatus.--The national police,
under the Office of the Prime Minister, maintain internal security. The
country has no military force. 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. 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 because 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 public
trial, and an independent judiciary generally enforced this right. The
law provides for a presumption of innocence. Judges conduct trials and
render verdicts; there are no juries. Defendants have the right to
consult with an attorney in a timely manner and have access to an
independent public defender. They also have the right to confront
witnesses, present witnesses and evidence, access government-held
evidence, and appeal convictions.
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 and organizations
may seek civil remedies for human rights violations.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The law prohibits such actions, and the government
generally respected these prohibitions in practice.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--Status of Freedom of Speech and
Press.--The law provides for freedom of speech and press, and the
government generally respected these rights in practice.
Freedom of Press.--Although there were no government restrictions,
there were no locally based private, independent media. The
government's Media Department controlled the country's sole radio
station.
Internet Freedom.--There were no government restrictions on access
to the Internet or credible reports that the government monitored e-
mail or Internet chat rooms. Individuals and groups could engage in the
expression of views via the Internet, including by e-mail.
Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.
b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The law provides for freedom of assembly, and the government
generally respected this right in practice. On January 13, however,
following demonstrations by residents of Nukufetau demanding removal of
one of their MPs, the government imposed a two-week ban on public
gatherings, meetings, and processions in the capital of Funafuti under
the provisions of a public order ordinance. The government stated that
it imposed the ban because of a threatening letter constituents sent to
the MP. The senior magistrate's court declined to take up a complaint
brought by some village leaders contesting the constitutionality of the
ordinance. On January 28, the government loosened the ban, permitting
public gatherings provided organizers obtained advance permission from
the police commissioner. The ban expired two weeks later and was not
renewed further.
Freedom of Association.--The law provides for freedom of
association, and the government respected this right in practice.
c. Freedom of Religion.--See the Department's International
Religious Freedom Report at http://state.gov/j/drl/irf/rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The law provides for freedom of
movement within the country, foreign travel, emigration, and
repatriation, and the government generally respected these rights in
practice.
Protection of Refugees.--Access to Asylum.--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 asylum or
refugee status.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The law provides citizens the right to change their government
peacefully, and citizens exercised this right in practice through
periodic, free, and fair elections based on universal suffrage.
Elections and Political Participation.--Recent Elections.--The
September 2010 general elections were generally free and fair. An
eight-member majority of the newly elected Parliament selected Maatia
Toafa as prime minister. In December 2010 Parliament ousted Toafa in a
no-confidence vote and selected Willy Telavi as the new prime minister.
Political Parties.--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 of Women and Minorities.--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.
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 nongovernmental organizations (NGOs) focused
entirely on human rights, although there were no known barriers to
their establishment. Some human rights advocates, such as the Tuvalu
National Council of Women, operated under the auspices of the Tuvalu
Association of Nongovernmental Organizations, which was composed
primarily of religious organizations. The people's lawyer monitored
sentencing, equality before the law, and human rights issues in
general. This institution, which at times was critical of the
government, nonetheless was supported by the government, which
frequently sought its advice. The few other local organizations
involved in human rights issues generally operated without government
restriction, investigating and publishing their findings on human
rights cases. However, opportunities to publicize such information
locally were severely limited due to the lack of local print and
electronic media. Government officials were somewhat cooperative and
responsive to local organizations' views.
Section 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 and Domestic Violence.--Rape is a crime punishable by
a minimum sentence of five years' imprisonment, but spousal rape is not
included in the legal definition of this offense. There were both
arrests and trials for rape-related offenses during the year.
The law does not specifically address domestic violence. 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. Many cases of rape and domestic violence
went unreported due to lack of awareness of women's rights and
traditional and cultural pressures on victims. Human rights observers
criticized the police for seeking to address violence against women
using traditional and customary methods of reconciliation rather than
criminal prosecution. The Women's Crisis Center, operated by the Tuvalu
National Council of Women, provided counseling services, but there were
no shelters or hotlines for abused women. The police have a Domestic
Violence Unit. The government also participated in a regional program
providing training for police in handling domestic violence cases.
Sexual Harassment.--The law does not specifically prohibit sexual
harassment but prohibits indecent behavior, which includes lewd
touching. Sexual harassment was not widely reported. There were no
known reported cases during the year.
Reproductive Rights.--Couples and individuals have the right to
decide freely the number, spacing, and timing of their children, and
have the means and information to do so free from discrimination,
coercion, and violence. The nongovernmental Tuvalu Family Health
Association provided information and education about, and access to,
contraception. Government hospitals also offered family planning
services and provided free prenatal, obstetric, and postnatal care.
Virtually all births were attended by skilled health personnel.
Discrimination.--There remained 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 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. Additionally, as women tended not to own
capital, few women were able to access credit to start businesses.
There is a Department of Women within the Office of the Prime
Minister.
Children.--Birth Registration.--Citizenship is derived through
one's parents. The law requires births to be registered within 10 days,
and this was generally observed in practice.
Child Abuse.--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.
Sexual Exploitation of Children.--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.
International Child Abductions.--The country is not a party to the
1980 Hague Convention on the Civil Aspects of International Child
Abduction.
Anti-Semitism.--There was no known Jewish community, and there were
no reports of anti-Semitic acts.
Trafficking in Persons.--During the year 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 multistory government
building had elevators, they were not operational, and there were no
elevators in other multistory 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 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 or gender identitywas 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. Freedom of Association and the Right to Collective Bargaining.--
The law protects the right of workers to form and join independent
unions, choose their own labor representatives, and conduct legal
strikes. The law also provides for conciliation, arbitration, and
settlement procedures in cases of labor disputes. Public sector
employees, such as civil servants, teachers, and nurses, were members
of professional associations that did not have union status. Most of
the working-age population (approximately 75 percent) lacked permanent
employment and worked in the informal and subsistence economy, so few
unions existed. The only registered trade union, the Tuvalu Overseas
Seamen's Union, was independent of the government. There were no
reports of antiunion discrimination.
Although there are provisions for collective bargaining and the
right to strike, in practice the few individual private sector
employers set their own wage scales. No strike has ever taken place.
Both the private and public sectors generally used nonconfrontational
deliberations to resolve labor disputes.
b. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, and there were no reports that such
practices occurred.
c. 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, but he or she
must be medically examined and determined to be physically and mentally
fit for employment 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.
Also see the Department of Labor's Findings on the Worst Forms of
Child Labor at http://dol.gov/ilab/programs/ocft/tda.htm.
d. Acceptable Conditions of Work.--The law provides for the
government to set a minimum wage, but in practice the Department of
Labor in the Ministry of Foreign Affairs and Labor has not set a
national minimum wage rate. The minimum annual salary in the public
sector was approximately A$3,000-A$4,000 (approximately $3,060-$4,080).
There was no recent poverty-level income figure available, but this
minimum salary was barely sufficient to allow a worker and family in
the wage economy to maintain a decent standard of living. According to
traditional custom, however, extended families help support their less
well-off members.
The law sets the workday at eight hours, and the Ministry of
Foreign Affairs and Labor may specify the days and hours of work for
workers in various industries. Although there is provision in the law
for premium pay for overtime work, no premium overtime rates have been
established. The law provides for rudimentary health and safety
standards. It requires employers to provide adequate potable water,
basic sanitary facilities, and medical care. Workers may remove
themselves from work situations that endanger health or safety without
jeopardy to their jobs. The law also protects legal foreign workers.
The Ministry of Foreign Affairs and Labor is responsible for the
enforcement of wage and hour and health and safety regulations, but the
ministry did not have sufficient resources to enforce the laws during
the year. The Department of Labor had only one staff member.
In practice private sector wages were typically somewhat lower than
the minimum public sector wage rate.
__________
VANUATU
executive summary
Vanuatu is a multiparty parliamentary democracy with a freely
elected government. Parliament reelected the current head of
government, Prime Minister Sato Kilman, in June after a court had
annulled his December 2010 appointment to the same position. The most
recent national elections, held in September 2008, were considered
generally free and fair. Security forces reported to civilian
authorities.
Violence against women remained one of the most prominent human
rights abuses during the year.
The government continued to address human rights challenges
including police violence, poor prison conditions, arrests without
warrants, an extremely slow judicial process, government corruption,
and violence and discrimination against women.
Government efforts to prosecute and punish abuses by the police
were minimally effective.
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 April a commission of inquiry was established to
investigate why the findings and recommendations of the coroner's
report into the death of escaped prisoner John Bule were not
implemented, but its appointment was revoked two weeks later after the
Vanuatu police force challenged the coroner's report in the court of
justice. The challenge was pending before the court at year's end. In
2010 authorities released the report of a coroner's inquest conducted
by New Zealand Justice Nevin Dawson in Bule's case. 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. Bule died after sustaining multiple
injuries while in police custody following his recapture in 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; 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 only slightly during the year with
foreign donor funding but remained below international standards.
Prisoners had access to potable water. Deaths of prisoners while
incarcerated were not prevalent.
Following the 2008 release of a report detailing prisoner
complaints about poor conditions at the main Port Vila prison, and a
subsequent 2009 court order directing the public prosecutor to
catalogue prisoner injuries and illnesses, only one case was referred
to the court, without resolution.
At year's end the prison system held a total of 183 inmates,
including 158 convicted prisoners and 25 pretrial detainees. There were
two 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. Male inmates were incarcerated in overcrowded
facilities. Persons deemed mentally unfit to stand trial were held with
the general prison population.
According to the center manager 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 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 U.N.
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; the status and circumstances of
confinement of juvenile offenders; and improvements to 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.
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 national police
maintain internal security, and its paramilitary VMF comprise the
country's entire externally focused military force. 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.
Civilian authorities were hampered by a lack of resources in
maintaining effective control over security forces and did not have
effective mechanisms to punish abuse or corruption. 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. Detainees were allowed prompt access to counsel
and family members. The Public Defender's Office provided counsel to
indigent defendants.
Pretrial Detention.--Pretrial detainees constituted nearly one-
eighth of the total prison population. 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.
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. This resulted in the reluctance of women to lodge
complaints with the police.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The constitution prohibits such actions, and the
government generally respected these prohibitions in practice.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--Status of Freedom of Speech and
Press
The constitution provides for freedom of speech and press, and the
government generally respected these rights in practice.
Violence and Harassment.--In March the minister for public
utilities and infrastructure, Harry Iauko, was fined 15, 000 vatu
(approximately $164) after pleading guilty to aiding and abetting the
January 2009 assault on Marc Neil-Jones, publisher of the Vanuatu Daily
Post newspaper.
Internet Freedom.--There were no government restrictions on access
to the Internet or credible reports that the government monitored e-
mail or Internet chat rooms. Individuals and groups could engage in the
expression of views via the Internet, including by e-mail.
Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.
b. Freedom of Peaceful Assembly and Association.--The constitution
provides for freedom of assembly and association, and the government
generally respected these rights in practice.
c. Freedom of Religion.--See the Department of State's
International Religious Freedom Report at http://state.gov/j/drl/irf/
rpt/.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution provides for freedom
of movement within the country, foreign travel, emigration, and
repatriation, and the government generally respected these rights in
practice. The government cooperated with the Office of the U.N. High
Commissioner for Refugees in providing protection and assistance to
internally displaced persons, refugees, asylum seekers, stateless
persons, and other persons of concern.
Protection of Refugees.--Access to Asylum.--The country's 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.
Temporary Protection.--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.--Recent Elections.--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 U.N.
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. Of the two petitions before the Supreme Court during the
year, one was dismissed and one remained pending a decision at year's
end.
Participation of Women and Minorities.--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.
A small number of ethnic minorities (non-Melanesians) served in
parliament and in the cabinet, including as the minister of economy.
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.
Members of parliament 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.
Government Human Rights Bodies.--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.--Rape and Domestic Violence.--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 Family Protection Act (FPA), which entered into force in 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 2010 the
government established a Family Protection Unit (FPU) at police
headquarters in Port Vila to deal with issues addressed by the FPA.
According to the FPU, during the year it issued 302 protection orders.
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. As part of the New Zealand
government's regional Pacific Prevention of Domestic Violence Program,
Radio Vanuatu had a bi-monthly program for police to raise awareness
and discuss issues relating to domestic violence. 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 nongovernmental organizations (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.--Sexual harassment is not illegal and was a
problem.
Reproductive Rights.--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 U.N. 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. Women were equally
diagnosed and treated for sexually transmitted infections.
Discrimination.--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. The
Employment Act prohibits women from working in certain sectors of the
economy at night. 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 U.N. 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.--Birth Registration.--Citizenship is derived through
one's parents. Births are usually registered immediately unless the
birth has taken place in a very remote village or island. Failure to
register does not result in denial of public services.
Education.--The government stressed the importance of children's
rights and welfare, but there were significant problems with regard to
education. Although the government stated a commitment to a free and
universal education policy, school fees served as a barrier to
education.
School attendance is not compulsory. Boys tended to receive more
education than girls did. 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.--Child abuse was not believed to be extensive;
however, the government did little to combat the problem. NGOs and law
enforcement agencies reported increased complaints of incest and rape
of children in recent years, but no statistics were available.
Children generally were protected within the traditional extended
family system. Members of the extended family played an active role in
a child's development. Virtually no children were homeless or
abandoned.
Child Marriage.--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.
Sexual Exploitation of Children.--Some children under age 18 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 12.
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.
International Child Abductions.--The country is not a party to the
1980 Hague Convention on the Civil Aspects of International Child
Abduction.
Anti-Semitism.--The country's Jewish community was limited to a few
foreign nationals, and there were no reports of anti-Semitic acts.
Trafficking in Persons.--See the Department of State's Trafficking
in Persons Report at http://www.state.gov/j/tip.
Persons With Disabilities.--There is no 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.
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.--In 2010 a group of
villagers killed two brothers whom they accused of using sorcery to
cause the deaths of two staff members of a secondary school in 2009.
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.
There were no reports of societal violence or discrimination
against persons based on HIV/AIDS status.
Section 7. Worker Rights
a. Freedom of Association and the Right to Collective Bargaining.--
The law provides all workers with the rights to organize and join
unions, to strike, and to collective bargaining. Unions require
government permission to affiliate with international labor
federations, but the government has not denied any union such
permission. The law prohibits retaliation for legal strikes. In the
case of private-sector employees, complaints of violations of freedom
of association 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. While the law does not require union recognition or
reinstatement, it prohibits antiunion discrimination once a union is
recognized. Complaints of antiunion discrimination are referred to the
Department of Labor. The government effectively enforced applicable
laws without lengthy delays and appeals.
Freedom of association and the right to collective bargaining were
respected in practice.
Unions exercised the right to organize and bargain collectively in
practice.
There were no known employee complaints of such discrimination
received by the labor department during the year.
b. Prohibition of Forced or Compulsory Labor.--The constitution
prohibits forced or compulsory labor, and there were no reports that
such practices occurred.
c. 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. There were four
inspectors within the labor department who were also responsible for
cases of child labor. The department confirmed that there were no
reported cases of child labor during the year and apart from verbal
awareness done by the department no other action was taken during the
year to address child labor. In practice children were employed in
agriculture and some in commercial sexual exploitation.
Also see the Department of Labor's Findings on the Worst Forms of
Child Labor at http://dol.gov/ilab/programs/ocft/tda.htm.
d. Acceptable Conditions of Work.--The minimum wage was 26,000 vatu
(approximately $285) per month. The minimum wage was enforced
effectively. According to Asian Development Bank recent estimates 40
percent of all Ni-Vanuatu and 50 percent of the rural population have
incomes below the international poverty line. 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. Maternity leave pay provided a
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. Laws on working conditions and safety standards
apply equally to foreign workers and citizens.
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. The labor department confirmed
that some companies in these sectors were paying workers below the
minimum wage rate and making employees work long hours without paying
overtime. Many companies in these sectors did not provide personal
safety equipment and standard scaffolding for workers. The government
responded by issuing improvement notices to companies and drafting an
Occupational Health and Safety Bill which will include harsher
penalties for non-compliance to health and safety laws.
__________
VIETNAM
executive summary
The Socialist Republic of Vietnam is an authoritarian state ruled
by a single party, the Communist Party of Vietnam (CPV) led by General
Secretary Nguyen Phu Trong, Prime Minister Nguyen Tan Dung, and
President Truong Tan Sang. The most recent National Assembly elections,
held in May, were neither free nor fair, since the CPV's Vietnam
Fatherland Front (VFF), an umbrella group that monitors the country's
mass organizations, vetted all candidates. Security forces reported to
civilian authorities.
The most significant human rights problems in the country were
severe government restrictions on citizens' political rights,
particularly their right to change their government; increased measures
to limit citizens' civil liberties; and corruption in the judicial
system and police.
Specific human rights abuses included continued police mistreatment
of suspects during arrest and detention, including the use of lethal
force, as well as austere prison conditions, arbitrary arrest and
detention for political activities, and denial of the right to fair and
expeditious trial. Political influence, endemic corruption, and
inefficiency strongly distorted the judicial system. The government
increasingly limited privacy rights and freedoms of the press, speech,
assembly, movement, and association; increasingly suppressed dissent;
further restricted Internet freedom; reportedly was involved in attacks
against critical Web sites; and spied on dissident bloggers. Freedom of
religion continued to be subject to uneven interpretation and
protection, with significant problems continuing, especially at
provincial and village levels. Police corruption persisted at various
levels. The government maintained its prohibition of independent human
rights organizations. Violence and discrimination against women as well
as trafficking in persons continued, as did sexual exploitation of
children and some societal discrimination based on ethnicity, sexual
orientation and gender identity, and HIV/AIDS status. The government
limited workers' rights to form and join independent unions and
inadequately enforced safe and healthy working conditions.
The government inconsistently took steps to prosecute and punish
officials who committed abuses, and members of the police sometimes
acted with impunity.
Section 1. Respect for the Integrity of the Person, Including Freedom
from:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the government or its agents committed arbitrary or
unlawful killings, but there were reports of 19 deaths of persons in
custody during the year as well as abuses of lethal force.
For example, in March Trinh Xuan Tung died in custody in Hanoi
after Lieutenant Colonel Nguyen Van Ninh beat him while in detention
for a traffic violation. Authorities suspended Ninh pending
investigation, and at year's end the scheduling of a trial was expected
in early 2012.
In April in Dong Nai Province, local police officers beat Nguyen
Cong Nhut to death after detaining him for five days for allegedly
stealing tires. The case was reported to the Supreme People's Court and
at year's end remained under investigation.
In March a court convicted police officer Nguyen The Nghiep of
excessive use of force and sentenced him to seven years in prison for
the death by beating of Nguyen Van Khuong, who was arrested for a
traffic violation in Bac Giang Province in July 2010. Authorities also
banned Nghiep for life from the police force and ordered him to pay 155
million Vietnamese dong (VND) (approximately $7,380) to the deceased's
family, which his family did.
In September authorities charged four former prison guards (Hoang
Dinh Nam, Nguyen Van Tho, Le Huu Thiet, and Tran Van Phuc) in the
Central Highlands with using plastic batons to beat to death inmate
Truong Thanh Tuan in September 2010. A court directed the four to pay
VND 129 million (approximately $6,140) to the victim's family.
b. Disappearance.--There were no reports of politically motivated
disappearances.
There continued to be no information on the whereabouts of Thich
Tri Khai, a monk from the unregistered Unified Buddhist Church of
Vietnam whom authorities arrested in 2008, and Le Tri Tue, a founder of
the Independent Workers' Union whom authorities placed in custody in
2007.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The law prohibits physical abuse, but police commonly
mistreated suspects during arrest or detention. Incidents of physical
harassment, intimidation, and the questioning of family members were
reported in several locations, including but not limited to Hanoi, Ho
Chi Minh City, and Bac Giang and Dong Nai provinces.
For example, in April local police arrested and beat Tran Van Du
from Soc Trang Province while interrogating him in custody. In October
the Soc Trang People's Court sentenced the following police officers
for ``intentionally inflicting injury'' : Vo Van Ut Deo to two years'
imprisonment; Danh Nhan, eight years; Tran Tuan Khai, four years; and
Nguyen Quoc Thang, two years.
In August Hanoi police officials opened an investigation into an
alleged ``deliberate physical assault'' by police Captain Minh after
Internet footage showed him stomping on a detained protester during a
demonstration over Chinese sovereignty claims in the South China Sea
(East Sea) in July. Authorities placed Minh on administrative leave but
later cleared and reinstated him.
Land-rights protesters in Hanoi, Ho Chi Minh City, Danang, and
several provinces in the Mekong Delta continued to report instances of
physical harassment and intimidation by local authorities. Most
incidents between local authorities and ethnic minorities involved
land, money, or domestic disputes. For example, the People's Court of
Gia Lai Province convicted nine Montagnards of ``undermining unity
policy'' and sentenced them to prison for what human rights groups
reported were advocacy activities related to Montagnard rights or land
disputes. The sentences handed down in April were as follows: Siu Hlom,
12 years; Siu Nheo and Siu Brom, 10 years each; Rah Lan Mlih, Ro Mah
Pro, and Rah Lan Blom, nine years each; and Kpa Sin and Ro Man Klit,
eight years each. In December the court also sentenced Siu Thai (Ama
Thuong), arrested in April, to 10 years' imprisonment.
The government reported in September that more than 32,300 drug
users--the large majority of whom were administratively sentenced to
forced detoxification without judicial review--were living in the 121
drug-detention centers countrywide. According to the government, the
stated population did not exceed the intended capacity of the centers,
which had separate facilities for women. At these centers, according to
a September report from a nongovernmental organization (NGO),
authorities allegedly forced individuals to perform menial work under
harsh conditions and mistreated them (see section 7.b.). After his
November visit, the U.N. special rapporteur on health criticized these
centers as ineffective and counterproductive.
Prison and Detention Center Conditions.--Prison conditions were
austere but generally not life threatening. Overcrowding, insufficient
diet, lack of access to potable water, and poor sanitation remained
serious problems. Prisoners generally were required to work but
received no wages. Authorities sometimes placed prisoners in solitary
confinement, thus depriving them of reading and writing materials for
periods of up to several months. Family members continued to make
credible claims that prisoners received benefits by paying bribes to
prison officials or undertaking hunger strikes.
Prisoners had access to basic health care, although in many cases
officials prevented family members from providing medication to
prisoners. Family members of imprisoned activists who experienced
health problems claimed medical treatment was inadequate and resulted
in greater long-term health complications. In July and September,
respectively, two long-term prisoners convicted and jailed for
attempting to overthrow the government (Nguyen Van Trai, a member of
the People's Action Party of Vietnam, and Truong Van Suong) died in
prison from liver cancer and heart disease, respectively.
The total number of prisoners and detainees was not publicly
available. Pretrial detainees were held separately from convicted
prisoners. Juveniles generally were held in prison separately from
adults, but on rare occasions, they were held in detention with adults
for short periods due to the unavailability of space. Men and women
were held separately but treated equally. 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. Authorities completely isolated
some high-profile political prisoners from all others. While prison
sentences could be extremely lengthy, prisoners were not forced to
serve beyond the maximum sentence for their charged offense.
Authorities limited prisoners to one 30-minute family visit per
month and generally permitted family members to give supplemental food
and bedding to prisoners. Prisoners did not have the right to practice
their religion in public, nor to have access to religious books and
scriptures, although authorities allowed Roman Catholic priest and
democracy activist Thaddeus Nguyen Van Ly (rearrested in July) to keep
a Bible, pray, and give communion. Prisoners were allowed to submit
complaints to prison management and judicial authorities, but their
complaints were routinely ignored.
Previously, authorities had permitted the International Committee
of the Red Cross to visit prisons, but no such visits occurred during
the year. Authorities allowed foreign diplomats to make one limited
prison visit and meet with a prominent prisoner. State control of the
media restricted reporting on living conditions. There were no prison
ombudsmen, and 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 law allows the government to
detain persons without charges indefinitely under vague ``national
security'' provisions. The government also arrested and indefinitely
detained individuals under other legal provisions and 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, although 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 ministry 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 monitor individuals suspected of
engaging, or being 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 is common for guard forces composed of
residents to assist the police. The police were generally effective at
maintaining public order, but police capabilities, especially
investigative, were generally very limited, and training and resources
were inadequate. Several foreign governments assisted in training
provincial police and prison management officials to improve their
professionalism.
Arrest Procedures and Treatment While in Detention.--The law
outlines the process by which individuals are taken into custody and
treated until authorities adjudicate their cases. 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 based on 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.
Arbitrary Arrest.--Arbitrary arrest and detention, particularly for
political activists, remained a problem. According to activist groups
and diplomatic sources, the government sentenced at least 29 arrested
activists during the year to a total of 165 years in jail and 70 years
of probation for exercising their rights. Authorities also increasingly
charged political dissidents with ``attempting to overthrow the state''
due to their alleged membership in political parties other than the
CPV. While violators of this legal provision had the possibility of
receiving the death penalty, they typically received prison sentences
of up to seven years. The government also used decrees, ordinances, and
other measures to detain activists for the peaceful expression of
opposing political views (see section 2.a.).
For example, in February police in Ho Chi Minh City detained Nguyen
Dan Que for allegedly urging individuals to take part in mass protests
demanding political reforms but released him after three days of
questioning. Local police continued to monitor him closely throughout
the year.
In April police detained political dissidents Pham Hong Son and Le
Quoc Quan for ``causing public disorder'' in an attempt to attend the
open trial of fellow political activist Cu Huy Ha Vu but released them
nine days later.
Peaceful protests during the year in Ho Chi Minh City and Hanoi
over Chinese sovereignty claims in the South China Sea (East Sea)
resulted in the temporary detention and surveillance of several protest
organizers, and there were reports that local security officials
prevented individuals from leaving their homes to take part in the
demonstrations. Moreover, on November 27, authorities detained activist
Bui Thi Minh Hang in Ho Chi Minh City for participating in one such
``illegal'' protest and previously participating in related protests in
July and August in Hanoi. In December authorities sentenced her without
due process to two years at a reeducation camp near Hanoi.
Authorities also subjected religious and political activists to
varying degrees of informal detention in their residences. For example,
Ho Chi Minh City local police continued to monitor prominent activists
Nguyen Dan Que and Do Nam Hai closely.
Pretrial Detention.--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 lasted indefinitely. By law the procuracy may also
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 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
regulations, investigations may 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. Before a formal
indictment, detainees also have the right to notify family members,
although 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
detention costs. Chairpersons may also impose terms of ``administrative
probation,'' which generally took the form of restriction on movement
and travel. Authorities continued to punish some individuals using
vaguely worded national security provisions of the law.
Amnesty.--In honor of National Day, the government amnestied
approximately 10,535 prisoners on August 29, the overwhelming majority
of whom had ordinary criminal convictions. Among those released were
the following five individuals convicted of committing national
security crimes: three ethnic Montagnards from Dak Lak Province (Y
Dhiam Eban, Y Bien Nie, and Y Kim Kbuor) charged with ``undermining
national unity,'' as well as Nguyen Van Tinh from Haiphong and Tran Duc
Thach from Nghe An Province, both charged with antistate
propagandizing.
e. Denial of Fair Public Trial.--The law provides for the
independence of judges and lay assessors, but in practice they were not
independent. The CPV controlled the courts at all levels through its
effective control over judicial appointments and other mechanisms, and
in many cases it determined verdicts. As in past years, political
influence, endemic corruption, and inefficiency strongly distorted the
judicial system. Most, if not all, judges were members of the CPV and
chosen at least in part for their political views. The party's
influence was particularly notable in high-profile cases and other
instances in which authorities charged a person with challenging or
harming the party or state.
There continued to be a shortage of trained lawyers and judges. The
Vietnam Bar Federation falls under the supervision of the VFF and is
closely coordinated with the Ministry of Justice and the Vietnam
Lawyers Association. The federation, which oversees local bar
association functions, continued during the year to develop a
professional code of conduct for lawyers.
Trial Procedures.--The constitution provides that citizens are
innocent until proven guilty, although 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, but 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 because
the judges deemed the arguments reactionary. Convicted persons have the
right to appeal. District and provincial courts did not publish their
proceedings, but 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. Human rights lawyers were restricted, harassed,
arrested, disbarred, and in some cases detained for representing
political activists. For example, on August 12, the Dak Lak Bar
Association dismissed Huynh Van Dong for serving as a defense lawyer in
May for two defendants charged with subversive acts against the state.
Additionally, given their previous convictions, lawyers Le Tran Luat,
Le Thi Cong Nhan, and Le Quoc Quan were not permitted to practice law.
During the April trial of activist Cu Huy Ha Vu, one of his attorneys
(Tran Vu Hai) accused the Hanoi People's Court of violating criminal
procedure by refusing to publicize the documents by which the court
made its accusation. When the court refused to drop the charges and
declare a mistrial, activist Vu sent his lawyers away in protest; the
court found him guilty and sentenced him to seven years in prison.
Political Prisoners and Detainees.--There continued to be 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 more (see also
section 1.d., Arbitrary Arrest). Diplomatic sources reported the
existence of four reeducation centers in the country holding
approximately 4,000 prisoners.
For example, on February 8, authorities arrested Vu Quang Thuan,
democracy activist and chairperson of the Vietnam Restoration Movement,
upon arrival at Tan Son Nhat airport in Ho Chi Minh City for
propagandizing against the state. He awaited trial at year's end.
On December 23, authorities arrested and detained Viet Khang (also
known as Vo Minh Tri) after he composed and sang two songs to express
his view on the government's handling of the dispute with China
regarding sovereignty in the South China Sea (East Sea). At year's end
his detention reportedly continued in Ho Chi Minh City.
At year's end dissident Nguyen Ba Dang, a member of the People's
Democratic Party, awaited trial. Police had arrested him in January
2010 in Hai Duong Province for distributing antistate propaganda.
In March the Tra Vinh Province Appeals Court upheld the original
sentences of three members of the United Workers-Farmers Organization--
nine years' imprisonment for Nguyen Hoang Quoc Hung and seven years'
imprisonment for Do Thi Minh Hanh and Doan Huy Chuong--whose
convictions were for causing public disorder to oppose the government.
Police had arrested them for distributing pamphlets in February 2010
that called on citizens to advocate for democracy and freedom of
assembly and to fight attempted invasions from China.
In September the Dong Nai Province People's Court sentenced Pham
Thi Phuong, a member of the Vietnam Populist Party, to 11 years in
prison for activities to overthrow the government. Authorities had
arrested her and her husband, Pham Ba Huy, in Ho Chi Minh City in April
2010 for reportedly planning a campaign to bomb statues throughout the
city. At year's end Pham Ba Huy continued to await trial.
In January Binh Phuoc People's Court convicted Phung Lam from Binh
Phuoc Province of propagandizing against the state and sentenced him to
seven years in prison. Police had arrested him in June 2010 for alleged
ties to the Democratic Party of Vietnam (DPV) and DPV chairman Nguyen
Sy Binh, claiming that Lam posted articles opposing the government on
the Internet. Lam had fled to Cambodia in May 2010, but police arrested
him when he attempted to return to visit his family.
During a one-day closed trial in May, the Ben Tre People's Court
convicted several defendants of attempting to overthrow the government
and sentenced them as follows: Tran Thi Thuy from Dong Thap Province,
eight years' imprisonment and five years' probation; Pham Van Thong,
Ben Tre Province, seven years' imprisonment and five years' probation;
Pastor Duong Kim Khai, Ho Chi Minh City, six years' imprisonment and
five years' probation; and Cao Van Tinh, Con Tho Province, five years'
imprisonment and five years' probation. The other three (congregant
Pham Ngoc Hoa, Nguyen Thanh Tam, and lay pastor Nguyen Chi Thanh) were
each sentenced to two years' imprisonment and three years' probation.
In August Thuy, Thong, Khai, and Tinh appealed; the court reduced
Khai's sentence to five years' imprisonment and Tinh's sentence to four
years' imprisonment, and denied the appeals of Thuy and Thong. Police
had arrested Thuy, Thong, Khai, and Tam in July-August 2010 for alleged
ties to a banned, foreign-based, prodemocracy group and for organizing
and advocating on behalf of land-rights claimants in Ben Tre and Dong
Thap provinces. Police had also arrested Hoa and Thanh, affiliated with
Khai and the unrecognized Mennonite Church, in November 2010 for their
alleged ties to the same prodemocracy group and their work with Khai.
On March 22, authorities deported foreign citizen Le Kin, whom they
had arrested in October 2010 in Ho Chi Minh City for attempting to
overthrow the government through his alleged involvement with overseas
political organizations critical of the government.
In August an appeals court upheld the Hanoi People's Court sentence
in April of attorney Cu Huy Ha Vu to seven years in jail for antistate
propagandizing. Police had arrested him in November 2010 for his
Internet articles and interviews with foreign media criticizing the
prime minister. In November Vu's appeal of his sentence was
unsuccessful.
In February the Hanoi People's Court convicted Vu Duc Trung and Le
Van Thanh, affiliated with the Falun Gong movement, of ``illegally
broadcasting information [into China] and operating information
networks without a license'' and sentenced them to three and two years'
imprisonment, respectively. Police had arrested them in Hanoi in
November 2010 for broadcasting Falun Gong radio programs.
In March the People's Court of Tri Ton District, An Giang Province,
sentenced Chau Heng, a Khmer Krom land-rights activist to two years'
imprisonment for ``deliberately destroying property and creating social
disorder.'' Police had arrested Heng in December 2010 as he reentered
Vietnam after being denied political refugee status by the Office of
the U.N. High Commissioner for Refugees (UNHCR) in Thailand. Heng had
led protests in 2007 and 2008 against local government land seizures.
Also in August the Ho Chi Minh City People's Court sentenced Pham
Minh Hoang, a dual national and professor at the Ho Chi Minh City
University of Technology, to three years' imprisonment followed by
three years' house arrest for alleged ties to a foreign-based
prodemocracy group, posting critical comments online against the
government under a pseudonym in 2010, and activities aimed at
overthrowing the government. Hoang admitted guilt and asked to return
to a foreign country. An appeals court in Ho Chi Minh City in November
reduced the imprisonment from three years to 17 months, and Hoang
continued to serve his sentence at year's end.
In March the appellate division of the Ho Chi Minh City People's
Court reduced Le Thang Long's original sentence from five years'
imprisonment to three-and-a-half years. In May the Ho Chi Minh City
People's Court denied the appeal of businessman and blogger Tran Huynh
Duy Thuc and upheld his original sentence of 16 years' imprisonment.
Long and Thuc--as well as prominent attorney Le Cong Dinh and DPV
leader and Viet Youth for Democracy cofounder Nguyen Tien Trung--had
all been arrested in 2009 and tried jointly in Ho Chi Minh City in
January 2010 for involvement in a plot to create new political parties
and overthrow the government. Dinh and Trung had pleaded guilty to
joining political parties other than the CPV but had denied attempting
to overthrow the government. During the year there were no developments
in the cases of Dinh and Trung.
On August 29, the government amnestied and released Bloc 8406
member Tran Duc Thach (see section 1.d., Amnesty). Authorities had
arrested Thach plus Bloc 8406 members Vu Van Hung and Pham Van Troi in
2008, convicted them in 2009 of antistate propagandizing for displaying
banners that criticized the CPV and advocated multiparty democracy, and
sentenced them to prison (Thach and Hung, three years' imprisonment;
Troi, four years). In January 2010 the Hanoi Appellate Court--with
foreign diplomats and journalists excluded--had upheld the prison
sentences.
In July authorities returned Roman Catholic priest and activist
Thaddeus Nguyen Van Ly to prison to complete the remainder of his
eight-year prison term for propagandizing against the state.
Authorities had arrested him in 2007 in connection with his role in
cofounding the Bloc 8406 movement and the Vietnam Progressive Party but
had granted him a one-year humanitarian release in March 2010 to seek
treatment for a brain tumor following two strokes in 2009 (see also
section 1.c.).
Several other political dissidents affiliated with outlawed
political organizations--including the People's Democratic Party,
People's Action Party, Free Vietnam Organization, DPV, United Workers
and Farmers Organization, Bloc 8406, and others--remained in prison or
under house arrest in various locations.
Authorities also continued to detain and imprison other individuals
who used the Internet to publish ideas on human rights, government
policies, and political pluralism (see section 2.a., Internet Freedom).
Authorities released several persons, including political activists
and religious leaders, during the year, including the following:
In June authorities released activist and dissident author Tran
Khai Thanh Thuy from prison, and she resettled abroad. A Hanoi court
had convicted Thuy and her husband, Do Ba Tan, in February 2010 of
assault and had sentenced her to three-and-one-half years in prison and
him to two years' probation following a 2009 incident in which
unidentified individuals attacked them.
On July 1, authorities released democracy activist Ngo Quynh, who
had been convicted and imprisoned for antistate propagandizing in 2009.
In March activist lawyer Nguyen Van Dai completed his 2007 sentence
of four years in prison for posting appeals for a multiparty state on
the Internet, and authorities released him to begin his sentence of
four years' house arrest.
In September Pham Ba Hai, leader of the Bach Dang Giang Foundation
and a Bloc 8406 member, completed his 2006 sentence of five years in
prison for antistate propaganda. At year's end he was serving two
years' house arrest.
In February authorities released political activist and former
police officer Tran Van Thieng, age 75. A court in Ho Chi Minh City had
convicted him in 1991 of attempting to overthrow the government by
``trying to publish a book that distorted historical information''
about Vietnam and had sentenced him to 20 years' imprisonment.
In October 2010 the Can Tho Police Security Investigation Agency
and the People's Procuracy of Can Tho released Doan Van Chac from any
wrongdoing and declined any further investigation into his case. Police
had arrested him in June 2010 after he had evaded arrest since
participating as a juvenile in a 1983 campaign against the government
that resulted in the deaths of three officials.
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, civil, 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 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. The government continued to
disallow the use of class action lawsuits against government
ministries, thus limiting land rights petitioners from sending joint
complaints to numerous government agencies.
Property Restitution.--A 2009 decree offers compensation, housing,
and job training for individuals displaced by development projects.
However, there were widespread complaints, including from the National
Assembly, that compensation was inadequate or delayed. There were also
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. Some members
of ethnic minority groups in the Central and Northwest Highlands
continued to complain that they had not received proper compensation
for land the government confiscated to develop large-scale, state-owned
enterprises.
For example, in February Pham Thanh Son self-immolated on the
sidewalk outside the Danang City People's Committee building to protest
the confiscation of his family's property by local officials and their
refusal to hear his appeal.
On November 3, 50 to 70 police officers tried to remove an
``illegal'' sign, posted weeks earlier on the roof of the Thai Ha
church in Hanoi, which called on the government to return land the
church once owned. Security officials reportedly injured one church
member while attempting to crash through the front gate. On December 2,
security officials detained 30 parishioners and two clergy members,
including the head Thai Ha priest, after 150-200 parishioners
peacefully protested for the land's return. By year's end all detainees
were released.
In January, upon appeal, the Danang City People's Court commuted
the sentences of all the remaining defendants in a land-rights protest
that led to police clashes with Roman Catholic parishioners in a
funeral procession in Con Dau Village in May 2010 and set them free.
Police had arrested six parishioners accused of starting the
altercation and damaging a police vehicle. The court initially tried
them in October 2010 for public disorder and denied three of them legal
representation; four individuals received nine- and 12-month jail
sentences, and the remaining two defendants received suspended
sentences.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The law prohibits such actions, but the government did
not respect these prohibitions in practice. Household registration and
block warden systems existed for the surveillance of all citizens.
Authorities focused particular attention on persons suspected of being
involved in unauthorized political or religious activities.
The government pursued a population and reproductive health
strategy that set a target average number of children per couple (see
section 6, Women).
Forced entry into homes is not permitted without orders from the
public prosecutor, although security forces seldom followed these
procedures and instead asked permission to enter homes with an implied
threat of repercussions for failure to cooperate. During the year
police forcibly entered homes of a number of prominent dissidents--such
as Pham Hong Son, Nguyen Thanh Giang, Le Quoc Quan, and Le Tran Luat--
and removed personal computers, cell phones, and other material.
Government authorities continued to open and censor targeted
persons' mail; confiscate packages and letters; and monitor 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.
CPV membership remained a prerequisite to career advancement for
all government and government-linked organizations and businesses.
However, economic diversification continued to make membership in the
CPV and CPV-controlled mass organizations less essential to financial
and social advancement.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--Status of Freedom of Speech and
Press.--Although the constitution and law provide for freedom of
speech, including for members of the press, the government continued to
use broad national security and antidefamation provisions to restrict
these freedoms. The law 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. It also expressly forbids ``taking advantage of democratic
freedoms and rights to violate the interests of the state and social
organizations.''
Freedom of Speech.--The government continued to restrict 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 sovereignty
disputes with China.
Freedom of Press.--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, under the overall guidance of the CPV Propaganda and
Education Commission. Private ownership of any media outlet continued
to be prohibited.
Foreign journalists must be approved by the Foreign Ministry's
press center and based in Hanoi, with the exception during the year of
one correspondent reporting solely on economic matters who lived in and
worked from Ho Chi Minh City while accredited to Hanoi. Foreign
journalists are required to renew their visas every three to six
months. The allowed number of foreign media employees 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 accreditation approval 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. Reporters temporarily on assignment in the
country are typically assigned a Foreign Ministry minder--with the cost
paid by the news organization. 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 notified authorities about their
travel outside Hanoi when it involved a story that the government would
consider sensitive or where the travel was in an area considered
sensitive, such as the Northwest or Central Highlands.
Violence and Harassment.--During the year security officials
attacked or threatened several journalists reportedly because of their
coverage of sensitive stories. For example, in February Ho Chi Minh
City police detained freelance reporter Ta Phong Tan, a member of the
Free Journalists Club, for 24 hours and allegedly beat him for writing
articles critical of government policies.
In April police arrested publisher Bui Chat after he returned from
overseas where the NGO International Publishers Association had given
him their Freedom to Publish Award. Police held Chat for four days and
later summoned him for further questioning by security officials.
Several days later police detained blogger Ngo Thanh Tu (also known as
Thien Sau) in Ho Chi Minh City, as he tried to depart on an
international flight, and questioned him about his affiliation with Bui
Chat. In June authorities detained Chat overnight in Ho Chi Minh City
and prevented his attendance at a foreign embassy ceremony in Hanoi.
In August a court sentenced Phan Ha Binh, deputy managing editor of
Tien Phong, to seven years in prison for extortion. Authorities had
arrested Binh in October 2010 and accused him of soliciting a VND 220
million (approximately $10,500) bribe from a cement company and
threatening to write negative articles.
Multiple reporters for foreign news organizations reported
harassment by security officials, including threats not to renew their
visas if they continued to publish stories on sensitive topics.
Censorship or Content Restrictions.--The Ministry of Information
and Communication and the Propaganda and Education Commission
frequently intervened directly to dictate or censor a story. More
often, however, the party and government maintained control over media
content through pervasive self-censorship, backed by the threat of
dismissal and possible arrest. As long as the government did not deem
their content to have been ``sensitive,'' authorities permitted some
private investors to operate television channels and news-aggregator
Web sites and publish certain pages in newspapers.
Despite the continued growth of Internet blogs, the party and
government increased efforts to suppress press freedom, continuing a
three-year-old ``rectification'' campaign. In February Prime
Ministerial Decree Number 2, ``Sanctions for Administrative Violations
in Journalism and Publishing'' went into effect. It stipulates fines
between VND one million and 42 million (approximately $50-2,100) for
journalists, newspapers, and online media which fail to comply with
broad, vague provisions that require ``providing honest domestic and
international news in accordance with the interests of the country and
the people.'' The decree--which officials described as ``simply an
administrative act''--authorizes branches of the government to impose
fines on journalists and newspapers at any time, based on arbitrary
determinations by ministries and officials at various levels about what
constitutes ``the interests of the country and the people.'' Article 7
of the decree imposes fines of VND 10.5 million to 21 million ($500-
1,000) on journalists who fail to publish their sources of information
and similar fines on journalists and newspapers that ``use documents
and materials from organizations and personal letters and materials
from individuals.''
In January the editor in chief of the Saigon Tiep Thi Web site was
forced from his position following the publication in late 2010 of
sensitive articles.
In February Nguyen Anh Tuan, the founder and editor in chief of the
news Web site VietnamNet--whom the ministry reprimanded in December
2010 for publishing an international NGO's annual corruption survey--
was pressured to resign. Authorities also refused to renew the press
card issued by the government to the author of the offending article.
Libel Laws/National Security.--The law requires journalists to pay
monetary damages to individuals or organizations whose reputations were
harmed as a result of reporting, even if the reports were accurate.
Independent observers noted that the law severely limited investigative
reporting. There were some 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.
Publishing Restrictions.--Under government regulations the Ministry
of Information and Communication 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, although the government occasionally censored articles.
In October the Ministry of Culture's state-owned Fine Arts
Publishing House recalled all first-edition copies of Killer with a
Festering Head, a cartoon book by Nguyen Thanh Phong, two weeks after
its release. According to media reports, the ban occurred because
government censors deemed some of the book's illustrations--which
satirized contemporary Vietnamese life and social issues--to be
violent, politically sensitive, or broaching sensitive topics.
Nongovernmental Impact.--The law limits satellite television access
to senior 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 urban-area
subscribers. Television providers are required to register with the
Ministry of Information and Communication, and edit and translate
foreign programming before it is broadcast. Regulations stipulate that
movies and programming on science, education, sports, entertainment,
and music be translated in advance and that all news programs (CNN and
BBC, for example) provide brief translations in advance of
broadcasting.
Internet Freedom.--The government allows access to the Internet
through a limited number of service providers (ISPs), all of which were
state-owned, joint-stock companies.
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. 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. In
March the NGO Reporters Without Borders strongly criticized the
government for continued regulation of Internet content and monitoring
of individual use.
City and provincial authorities issue additional local regulations
to control online access. In compliance, Internet cafes continued to
install and use government-approved software to monitor customers'
online activities. Location of Internet cafes within 220 yards of a
school continued to require a curfew on operations, and ISPs were
obliged to cut online access to Internet cafes between 11 p.m. and 6
a.m. to curb online gaming.
Ministry of Information and Communication regulations require
Internet companies, social networking sites, and Web sites that provide
information in the areas of ``politics, economics, culture, and
society'' to continue to register and obtain a government license
before operation.
From May to July, the blocks on Facebook appeared to weaken, with
two of the three major ISPs allowing access to the site. Subscribers of
other ISPs often used workarounds such as virtual private networks to
access the site.
Provisions of law and regulation, such as the prohibition of
antistate propagandizing, prohibit bloggers from posting material that
the government believes would undermine national security, disclose
state secrets, or incite violence or crimes. Consequently, these
provisions prohibit individuals from downloading and disseminating
documents the government deems offensive. 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. A number of prominent
print and online news journalists maintained their own professional
blogs, several of which 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.
Authorities detained and imprisoned dissidents who used the
Internet to criticize the government and publish ideas on human rights
and political pluralism. Prime Ministerial Decree Number 2 heralded an
increase in the number of bloggers arrested for online expression,
totaling at least nine individuals during the year. The majority of
bloggers arrested were charged with propagandizing against the state or
attempting to overthrow the government.
For example, in July police detained Dang Xuan Dieu, Ho Duc Hoa,
and Nguyen Van Oai at Tan Son Nhat airport in Ho Chi Minh City after
they returned from Thailand where they had attended an Internet/blogger
training course organized by a foreign NGO. Police also arrested
Redemptorist follower Le Van Son, who also attended the course, on
August 3 in Hanoi. That same day, authorities arrested three more Roman
Catholic bloggers (Tran Huu Duc, Dau Van Duong, and Dang Xuan Tuong) in
Vinh City, Nghe An Province, for participating in the same training. In
September police arrested Ta Phong Tam after she posted an analysis of
the arbitrary nature of Le Van Son's arrest.
On August 18, local authorities arrested Nguyen Xuan Anh,
Repemptorist member and resident of Vinh City, and charged him with
participating in a banned, foreign-based, prodemocracy group and
attempting to overthrow the government. By year's end the Vinh Diocese
reported that authorities had arrested 16 individuals (15 Roman
Catholics and one Protestant).
On April 19, authorities dropped an investigation and all charges
against Le Nguyen Huong Tra (also known as Co Gai Do Long) and stated
that her behavior ``was less serious than previously thought.''
Security officials had accused her of abusing democratic freedoms and
had arrested her in October 2010, nine days after she had posted
commentaries critical of Vice Minister of Public Security Nguyen Khanh
Toan's son.
On the day of his scheduled release in October 2010 from a 30-month
sentence for alleged tax evasion, authorities rearrested Nguyen Van Hai
(also known as Dieu Cay) for antistate propagandizing, allegedly based
on three-year-old blog postings. There were unconfirmed reports during
the year that he lost his arm while in custody.
In January the People's Court of Lang Son Province convicted Vi Duc
Hoi, a former CPV official from the province, of antistate
propagandizing after his online postings in 2007-09 of prodemocracy
articles criticized the CPV. The court sentenced him to eight years in
prison followed by five years' house arrest (reduced on appeal in April
to five years' imprisonment and three years' house arrest). Hoi, a CPV
member beginning in 1980, had been removed from the CPV in 2007 after
he authored online articles disparaging corruption in the party.
Web sites critical of the government that were hosted overseas were
continually targeted throughout the year by distributed denial-of-
service attacks. A majority of the targeted Web sites were news-
aggregator sites that regularly republished postings by high-profile
dissidents critical of the government. Hackers rendered several other
Web sites inoperable. In June and July the popular news portal
VietnamNet was hacked multiple times and rendered inaccessible. An
investigation into these attacks continued at year's end. In August a
botnet attacked a Web site belonging to a foreign-based prodemocracy
group using an estimated 77,000 Internet Protocol addresses located in
Vietnam, which suggested government involvement, according to Access
Contested: Security, Identity, and Resistance in Asian Cyberspace.
Political dissidents and bloggers routinely reported having their
home Internet connections disconnected on orders from the security
services.
The government used firewalls to block some Web sites that it
deemed politically or culturally inappropriate, including sites
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. BBC online in Vietnamese and English was blocked at
times during the year.
The Ministry of Information and Communication 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. Enforcement remained
selective.
Academic Freedom and Cultural Events.--The government asserted 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. Academic publications usually reflected the
views of the CPV and government.
In May the National Assembly distributed a draft law on higher
education for public comment. Critics publicly voiced concerns that the
draft included an extensive list of administrative constraints but did
not provide universities with autonomy to make basic decisions, such as
what to teach and how many students to admit.
The government continued to restrict the ability of some
international and domestic organizations to host conferences with
international sponsorship or participation by requiring government
approval at least 20 days in advance.
The government continued to prohibit independent scientific and
technical organizations from publicly criticizing party and state
policy. In July Thai Nguyen Medical University permanently dismissed Tu
Anh Tu, a medical student, for engaging in activities advocating for
democracy, which included reading online prodemocracy articles and
participating in activist movements.
Although the government controlled art exhibits, music, and other
cultural activities, artists were allowed broader latitude than in past
years to choose themes for their works. The government also allowed
universities more autonomy over international exchanges and cooperation
programs.
b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The law limits freedom of assembly, and the government
restricted and monitored all forms of public protest or gathering. Law
and regulation require persons wishing to gather in a group to apply
for a permit, which local authorities may 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.
On June 5, approximately 300 individuals gathered in front of the
Chinese embassy in Hanoi to protest news reports that Chinese patrol
ships harassed a Vietnamese seismic survey ship and Chinese violations
of Vietnamese sovereignty continued in the disputed South China Sea
(East Sea). More than 1,000 individuals joined a similar protest in Ho
Chi Minh City. Similar public demonstrations took place once a week for
11 consecutive weeks in Hanoi but were censored shortly thereafter in
Ho Chi Minh City. During the July 10 protest in Hanoi, police detained
at least 20 individuals. One week later authorities temporarily
suspended Hanoi Police Captain Pham Hai Minh from duty when he was
photographed trampling the face of one of the protesters. On August 18,
the Hanoi People's Committee issued a decree ``banning all spontaneous
gatherings, demonstrations, and parades.'' On August 22, police
arrested 50 individuals for protesting in violation of that decree;
authorities released all 50 five days later, but protest leaders and
fellow demonstrators thereafter remained under investigation and
reported being monitored by police. On September 5, a group of 10
persons filed a lawsuit against state-controlled media for claiming
that hostile forces incited the protesters.
On November 8, plainclothes security officials beat and detained
approximately 30 Falun Gong practitioners who demonstrated outside the
Chinese embassy in Hanoi in support of Vu Duc Trung and Le Van Thanh,
whom authorities had arrested in 2010 and charged with broadcasting
illegally into China (see also section 1.e., Political Prisoners and
Detainees).
Freedom of Association.--The government severely restricted freedom
of association and neither permitted nor tolerated opposition political
parties. The government prohibited the 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.
Authorities occasionally physically prevented political activists
and family members of political prisoners from meeting with foreign
diplomats. Tactics included setting up barriers or guards outside
diplomats' residences or calling individuals into local police stations
for random and repetitive questioning.
c. Freedom of Religion.--See the Department of State's
International Religious Freedom Report at http://state.gov/j/drl/irf/
rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution provides for freedom
of movement within the country, foreign travel, emigration, and
repatriation, but the government 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.
Local government authorities observed but did not hinder the UNHCR
and foreign diplomatic fact-finding and monitoring visits 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.
In February, 55 Montagnards who fled the Central Highlands for
Cambodia were resettled in third countries. The UNHCR, which conducted
several monitoring trips during the year, reported that there was ``no
perceptible evidence of mistreatment'' of any of the ethnic minority
individuals it monitored in the Central Highlands.
In-country Movement: Several political dissidents, amnestied with
probation or under house arrest, were subject to official restrictions
on their movements.
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.''
Local police require citizens to register when staying overnight in
any location outside of their own homes; the government appeared to
enforce these requirements more strictly in some Central and Northern
Highlands districts. Foreign passport holders must also 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.
The 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 Travel.--Officials occasionally delayed citizens' access to
passports in order to extort bribes, and prospective emigrants
occasionally encountered difficulties obtaining a passport.
For example, in July authorities stopped Father Dinh Huu Thoai,
chief of office of the Redemptorist Church of Vietnam, at the Moc Bai
border gate (Tay Ninh Province) and prevented him from leaving the
country. In September security forces prevented human rights lawyer
Huynh Van Dong from leaving the country.
Although their probation ended years earlier, the government
continued to prohibit dissidents Nguyen Khac Toan, Pham Hong Son, Le
Thi Kim Thu, and others from receiving a passport and traveling
overseas during the year. Authorities continued to allow attorney Le
Quoc Quan, attorney Le Tran Luat, and journalist Nguyen Vu Binh to
travel within the country but prohibited them from traveling overseas.
Emigration and Repatriation.--The government generally permitted
citizens who had emigrated to return to visit, although it refused to
allow certain activists or other individuals living abroad to return.
Known Vietnamese political activists overseas were denied entry visas
or were detained and deported after entering the country. For example,
on August 1, authorities denied Radio Free Asia reporter Tuong Anh
entry after he arrived at Tan Son Nhat airport, Ho Chi Minh City, from
abroad.
The government continued to honor a tripartite memorandum of
understanding signed with Cambodia and the UNHCR to facilitate the
return from Cambodia of all ethnic Vietnamese who did not qualify for
third-country resettlement.
Citizenship.--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 generally are considered still to be
Vietnamese citizens unless they formally renounce their Vietnamese
citizenship. However, in practice the government treated overseas
Vietnamese as citizens of their adopted country. Legislation seeks 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.
Protection of Refugees.--The law does not provide for the granting
of refugee status, and the government has not established a system for
providing protection to refugees.
Access to Asylum.--The law does not provide for the granting of
asylum.
Safe Country of Origin/Transit.--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. No such cases were reported 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 whom authorities 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 property
ownership, comparable access to education, and public medical care. In
July 2010 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 were submitted to the president's
office for final approval, but no action was reported at year's end.
The 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 the officials that govern them.
Elections and Political Participation.--Recent Elections.--The most
recent elections, in May to select members of the National Assembly,
were neither free nor fair, since the VFF chose and vetted all
candidates. Despite the CPV's 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 to
other candidates was lower than that of the 2007 election. The CPV
approved 15 ``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 62 million
eligible voters cast ballots in the May election, a figure that
international observers considered improbably high. (Voters are
permitted to cast ballots by proxy, and local authorities are charged
with assuring that all eligible voters cast ballots by organizing group
voting and all voters within their jurisdiction are recorded as having
voted.) CPV candidates won 458 of the 500 seats. Only four of the 15
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 are
party members), continued to take incremental steps to assert itself as
a legislative body. A majority of National Assembly committees
increased the number of members on the committees in an attempt to
exert more influence over budgetary matters and to review and provide
recommendations on policy matters. For example, the number of members
on the External Relations Committee increased from 30 to 36, the
Committee on Social Issues increased its membership from 40 to 50
members, and the committees on legal affairs and defense increased the
number of vice chairs. In August the National Assembly appointed a
Constitutional Amendment Drafting Committee and adopted a statement by
its Standing Committee giving guidance on the scope and timetable of
the drafting process.
Political Parties.--The constitution vests all authority and
political power in one party, the CPV, and recognizes the leadership of
the CPV. The CPV Politburo functions 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, although there were instances of unsanctioned letters
critical of government policy from private citizens. For example,
former government officials and leading academicians criticized the
government's decision to allow substantial foreign investment in
bauxite mining and its handling of sovereignty claims in the South
China Sea (East Sea). The government continued to crack down on the
small, opposition political groups established in 2006, and group
members faced arrests and arbitrary detentions.
Members of Bloc 8406 and other political activist groups that call
for the creation of a multiparty state continued to face harassment and
imprisonment.
Participation of Women and Minorities.--The law provides the
opportunity for equal participation in politics by women and minority
groups. There were 122 women in the National Assembly, or approximately
24 percent--a slightly lower percentage than in the previous assembly.
Ethnic minorities held 78 seats, or approximately 16 percent, in
the National Assembly--a decline from the previous assembly.
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 continued to be a major problem. The government persisted in
efforts to fight corruption, including publicizing budgets of different
government levels, continuing to streamline inspection measures, and
occasionally widely publicizing cases of officials accused of
corruption.
The anticorruption law allows citizens to complain openly about
inefficient government, administrative procedures, corruption, and
economic policy. 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 an annual anticorruption dialogue as
part of consultative group meetings with the government. Previous
dialogues focused on corruption in the education, health, and
construction sectors.
According to an annual report by the government's Anticorruption
Steering Committee released in June, state agencies initiated
preliminary investigations into 100 cases of corruption-related crimes,
an increase of approximately 5 percent compared with the same period
during the previous year. There were 185 suspects, an increase of 3
percent, and authorities brought 97 cases to the court of first
instance. According to the annual report of the Office of the
Inspectorate General, it investigated 220 cases of corruption/fraud
involving 449 individuals during the year, a majority of which
continued under investigation at year's end.
In June authorities charged Pham Thanh Hai, an accountant in the
government's department of cinematography, with embezzling VND 42
million (approximately $2,100) from the department's annual budget.
In September the Supreme People's Court in Hanoi concluded its
investigation into the August 2010 allegations of misappropriation in
the shipbuilding conglomerate Vinashin and found that nearly VND 900
billion (approximately $43 million) had been misappropriated. The court
charged Chief Executive Officer Pham Thanh Binh and eight others--board
members Tran Quang Vu and Tran Van Liem, former subsidiary general
directors Nguyen Van Tuyen and Nguyen Tuan Duong plus To Nghiem, Trinh
Thi Hau, Hoang Gia Hiep, and Do Dinh Con--with ``deliberately acting
against state regulations and economic mismanagement, causing serious
consequences.'' These offenses are punishable by up to 12 years in
prison. At year's end the accused awaited trial as well as additional
investigation on other, related charges.
In June a court convicted Tran Van Khanh, the former director
general of Vietnam General Corporation of Agriculture Materials, of
``abusing powers while performing official duties'' and sentenced him
to five years' imprisonment. Specifically, in 2003-04 Khanh illegally
sold company fertilizer to individuals outside of working hours and
rented company vehicles to private individuals, from which he pocketed
more than VND 3 billion (approximately $140,000).
In May the former governor of the State Bank of Vietnam, Le Duc
Thuy, retired from his position after coming under investigation for
allegedly taking bribes from the Reserve Bank of Australia currency
supplier (Securency). It was claimed that, for the exchange of an
undisclosed amount of money, Thuy helped Securency win banknote supply
contracts during the period 2002-09 and that Securency deposited funds
for Thuy into an overseas account belonging to a member of the
government's public security bureau, Colonel Luong Ngoc Anh. An
investigation continued at year's end.
By government decree various 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 these
asset declarations only if a government employee is found ``unusually
wealthy'' and 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 Ministry of Public Security is responsible for investigating
corruption charges brought forward by anticorruption offices in the
Ministry of Home Affairs and the Office of the Inspectorate General.
Additionally, the Central Steering Committee on Anticorruption reports
directly to the Office of the Prime Minister and has the responsibility
to direct, coordinate, inspect, and formulate countrywide
anticorruption activities. This committee periodically provides reports
on anticorruption activities to the CPV Central Committee, National
Assembly, and Office of the State President. It is also responsible for
suspending and/or dismissing senior officials appointed by the prime
minister who are convicted of corrupt practices.
The law does not provide for public access to government
information, and the government usually did not grant such access to
citizens or noncitizens, including foreign media. In accordance with
the law, the Official Gazette published most government legal documents
in its daily edition but not party documents such as Politburo decrees.
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 a majority of the time
through the court's Web site. During his March visit, the U.N.
independent expert on foreign debt and human rights called on the
government to make information on debt and development assistance
broadly available to enhance transparency and accountability in the
management and use of public resources.
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, nor does it tolerate attempts by
organizations or individuals to comment publicly on its human rights
practices. The government 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.
U.N. and Other International Bodies.--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, although it allowed representatives from the UNHCR, press,
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.
Government Human Rights Bodies.--The government discussed human
rights matters bilaterally with several foreign governments and
continued to hold official talks 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, but enforcement of these prohibitions was
uneven.
Women.--Rape and Domestic Violence.--The law prohibits using or
threatening violence against women or taking advantage of a person who
cannot act in self-defense. It also criminalizes rape, including
spousal rape. Rapists are subject to two to seven years' imprisonment.
In severe cases of rape, including organized rape, a repeat offense, or
extreme harm to the victim, sentences may range from seven to 15 years
in prison. Authorities reportedly prosecuted rape cases to the full
extent of the law, but the government did not make arrest, prosecution,
conviction, and punishment statistics available.
Domestic violence against women was common. A 2010 U.N. report
found that 58 percent of married women had been victims of physical,
sexual, or emotional domestic violence. Domestic violence cases were
treated as civil ones, unless the victim suffered injuries involving
more than 11 percent of her body.
The law specifies acts constituting domestic violence, assigns
specific portfolio responsibilities to different government agencies
and ministries, and stipulates punishments for perpetrators ranging
from warnings, through probation for up to three years, to imprisonment
for three months to three years. However, NGO and survivor advocates
considered many of the provisions to be weak, and the government did
not make arrest, prosecution, conviction, and punishment statistics
available. Officials acknowledged domestic violence as a significant
social concern, and the media discussed it more openly during the year.
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
Women's Union, also operated a nationwide hotline, although it was not
widely advertised in rural areas. It conducted 2,161 consultations
regarding 1,858 cases during the year. While rural areas often lacked
the financial resources to provide crisis centers and hotlines, a law
establishes ``reliable residences'' to allow women to turn to another
family while local authorities and community leaders attempt to
confront the abuser and resolve complaints. 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 highlighted the problem
through public awareness campaigns. Local NGOs affiliated with the
Women's Union remained engaged in women's issues, particularly violence
against women and trafficking of women and children.
Sexual Harassment.--According to the government, sexual harassment
of adults is not illegal, and there is no legal requirement to prevent
it. There also is no law to protect employees from sexual harassment in
the workplace. However, the law prohibits employers from discriminating
against female workers or offending their dignity and honor, although
there were no known prosecutions during the year. 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 union officers. In serious cases victims may sue offenders under a
provision that 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.
Nevertheless, sexual harassment lawsuits continued to be unheard of,
and most victims were unwilling to denounce offenders publicly.
Reproductive Rights.--The law affirms an individual's right to
choose contraceptive methods; access gynecological diagnosis,
treatment, and health check-ups during pregnancy; and obtain medical
services when giving birth at health facilities, and the government
generally enforced the law. Nonetheless, unmarried women of
reproductive ages had limited or no access to subsidized contraceptives
due to government policy and lack of access in rural areas. Women and
men were equally diagnosed and treated for sexually transmitted
infections.
Although the Population and Reproductive Health Strategy for 2011-
20--applicable to all citizens--no longer specifically referred to the
number of children per couple, it set a target of maintaining the
average number of children per reproductive-age couple at 1.8. The
government, primarily through media campaigns, strongly encouraged
individuals to practice family planning. There was also anecdotal
information that authorities would not promote government officials if
they had more than two children.
Discrimination.--The law provides for gender equality in all
aspects of life, but women continued to face societal discrimination.
Despite the large body of law and regulation devoted to the protection
of women's rights in marriage and the workplace, as well as provisions
that call for preferential treatment, women did not always receive
equal treatment. They experienced economic discrimination since they
cannot work in all the same industries as men and are not allowed to
work the same hours as men (due to pregnancy or nursing). Moreover, no
laws prohibit employers from asking about family status during job
interviews.
Although the law 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. 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 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. In April the National Strategy Plan for Gender
Equality replaced the National Plan of Action for the Advancement of
Women. Key areas of the strategy were similar to plan goals but also
moved beyond advancement to recognize broader inequities in access to
social services and focus on developing indicators; placing more women
in senior ministry positions and the legislature; and increasing
literacy rates, access to education, and health care.
According to a 2010 U.N. Population Fund report, the national
average male-female sex ratio at birth was 111 to 100. The imbalanced
ratio of newborn boys to girls continued to increase, particularly in
some wealthier areas of Hanoi and Ho Chi Minh City. The government
acknowledged the issue and was taking steps to address it.
Children.--Birth Registration.--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 may also acquire
citizenship under certain circumstances. Not all births were registered
immediately, sometimes due to a lack of knowledge among the populace. A
birth certificate is required for public services, such as education
and health care, and the choice by some parents, especially ethnic
minorities, not to register their children affected the ability to
enroll them in school and receive government-sponsored health care.
Education.--Education is compulsory, free, and universal through
the age of 14. Nevertheless, authorities did not always enforce the
requirement, especially in rural areas, where government and family
budgets for education were strained and children's contributions as
agricultural laborers were valued.
Child Abuse.--The U.N. 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. The government did not
make information available on the extent of the problem or its efforts
to combat it.
Sexual Exploitation of Children.--Sexual harassment of children
under age 16 is illegal. The law criminalizes all acts of sale,
fraudulent exchange, or control of children as well as all acts related
to child prostitution and forced child labor. Sentences range from
three years' to life imprisonment, and fines range from VND five
million to VND 50 million (approximately $240 to $2,400). The law also
specifies prison sentences for acts related to child prostitution,
including harboring prostitution (12 to 20 years), brokering
prostitution (seven to 15 years), and buying sex with minors (three to
15 years). Similarly, the law prohibits all acts of cruel treatment,
humiliation, abduction, sale, and coercion of children into any
activities harmful to their healthy development and provides for the
protection and care of disadvantaged children.
The minimum age of consensual sex is 18. Statutory rape is illegal
and may result in life imprisonment or capital punishment. Penalties
for sex with minors between the ages of 16 and 18, depending upon the
circumstances, vary from five to 10 years in prison. The production,
distribution, dissemination, or selling of child pornography is illegal
and carries a sentence of three to 10 years' imprisonment.
According to preliminary findings released in July of a 2010 survey
conducted by UNICEF and the Ministry of Labor, Invalids, and Social
Affairs (MOLISA), child prostitution, child trafficking for sexual
purposes, child sex tourism, and child pornography occurred in Vietnam.
The report showed that children as young as age 12 worked as
prostitutes, with the most commonly observed age being 14-15. Some
minors entered into prostitution for economic reasons.
Displaced Children.--Independent NGOs estimated that 23,000-25,000
children lived on the streets and were sometimes abused or harassed by
police.
Institutionalized Children.--There were no shelters designed
specifically for child victims of trafficking or abuse. Instead,
authorities placed them in facilities with survivors of domestic
violence or adult trafficking. The government allocated VND 1.25
trillion (approximately $59.5 million) for the draft National Program
of Action for Children for 2011-20. The new program's focus is
assistance for disadvantaged children with priority for the 12 poorest
provinces. The government also promulgated the National Program on
Child Protection 2011-15, which was approved in February.
International Child Abductions.--The country is not a party to the
1980 Hague Convention on the Civil Aspects of International Child
Abduction.
Anti-Semitism.--There were small expatriate Jewish communities in
Hanoi and Ho Chi Minh City, and there were no reports of anti-Semitic
acts.
Trafficking in Persons.--See the Department of State's Trafficking
in Persons Report at http://state.gov/j/tip.
Persons With Disabilities.--The constitution provides for the
protection of persons with physical disabilities. The law prohibits
discrimination against or maltreatment of persons with disabilities;
encourages their employment; and requires equality for them in
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
implemented accessibility codes for public transportation facilities,
trained transportation agency officials and students on the use of the
codes, and developed training materials for bus drivers to assist
individuals on and off buses. The government also put in place four
accessible bus routes in Ho Chi Minh City and Danang with accessible
buses and distributed free bus tickets (or reduced the fares for)
26,000 individuals in Hanoi and Ho Chi Minh City.
Construction and major renovations of new government and large
public buildings are required to include access for persons with
disabilities, but enforcement was sporadic. New buildings and
facilities in larger urban cities were built with ramps and accessible
entries. The Ministry of Construction maintained enforcement units in
the cities of Hanoi, Ho Chi Minh, Danang, Quang Nam, and Ninh Binh to
enforce barrier-free codes and provided training on construction codes
for inspectors and architectural companies in more than 20 provinces
during the year.
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, but the government enforced these provisions
unevenly. Firms that have 51 percent of their employees with
disabilities may qualify for special government-subsidized loans.
The government respected the political and civil rights of persons
with disabilities. For example, by law ballot boxes may be and were
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 persons 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 and 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 migration to other countries. The government monitored
certain highland minorities closely, particularly several ethnic groups
in the Central and Northwest Highlands, where it continued to be
concerned that the religion they practice encouraged ethnic minority
separatism.
The government imposed increased security measures in the Central
and Northwest Highlands in response to concerns over possible ethnic
minority separatist activity. There were reports that ethnic minority
individuals who telephoned ethnic minority community members abroad
were a special target of police attention. Authorities arrested and
convicted several individuals connected to overseas separatist
organizations and sentenced them to lengthy prison terms in 2011.
During the period around sensitive occasions and holidays, an increased
security presence was reported throughout the region. There were a few
reports that Vietnamese police operating on both sides of the border
returned members of ethnic minorities seeking to enter Cambodia and
sometimes beat and detained them.
In late April and early May, 5,000 ethnic Hmong in Dien Bien
Province gathered in Muong Nhe District as part of a millennium
movement. Security personnel dispersed the crowd and arrested 150
individuals. According to the government, seven detainees (among them
were Thao A Lao, Mu A Thang, Trang A Do, and Giang A Xi from Dien Bien
Province) remained in police custody at year's end, charged with
preventing government officials from performing official duties, and an
investigation continued.
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 continued to allocate land to
ethnic minorities in the Central Highlands through a special program,
but there were valid complaints that implementation was uneven.
The government maintained a program to conduct classes in some
local ethnic minority languages in elementary and secondary schools.
The government also 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, and only
in limited areas of the Northwest Highlands. The law provides for
universal education for children regardless of religion or ethnicity,
and ethnic minorities are not required to pay regular school fees. The
government operated special schools for ethnic minority children, and
there were 223 boarding schools for them in the Northwest and Central
Highlands and the Mekong Delta, including at middle- and high-school
levels plus 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 some credible cases of
discrimination against ethnic minorities.
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. Nonetheless, local security
officials detained Tang Thuy, an ethnic Khmer Krom minority group
member from Soc Trang Province, for two days in March for questioning
about his participation in a meeting that called for the government to
respect the rights of all ethnic minorities.
The government granted preferential treatment to domestic and
foreign companies that invested in highland areas 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 National Assembly's Ethnic Minority Council, along with
provincial Ethnic Minority Steering Committees, supported
infrastructure development and addressed some issues related to poverty
reduction and an increase in literacy rates during the year.
Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--Consensual same-sex sexual
activity is not criminalized, although by decree, individuals may not
change their gender. There was no reported official discrimination
based on sexual orientation or gender identity, but societal
discrimination and stigma were pervasive. A lesbian, gay, bisexual, and
transgender (LGBT) community existed but was largely underground.
A 2009 survey of more than 3,200 LGBT individuals by the Institute
for Studies of Society, Economy, and the Environment reported that 4.5
percent claimed they were victims of assault or physical abuse by
homophobic individuals and 6.5 percent claimed they lost jobs because
of their sexual orientation. The institute also reported that
government officials, the Women's Union, and the Lawyers Association
participated in sensitivity training during the year. Most LGBT persons
chose not to tell family of their sexual orientation for fear of being
disowned, and a 2011 online survey, conducted by the Information
Sharing and Connecting Group with more than one thousand LGBT
respondents, noted that more than 20 percent were forced into
counseling by their families.
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 the number of such reports decreased. The government reported
approximately 5,100 school-age children with HIV/AIDS. In several cases
HIV/AIDS-positive children or 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. Freedom of Association and the Right to Collective Bargaining.--
The law does not allow workers to organize and join independent unions
of their choice. While workers may choose whether to join a union and
at which level (local, provincial, or national) they wish to
participate, every union must be affiliated with the country's only
trade union confederation, 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.
The law outlines mandatory union dues for union members and
domestic and foreign employers. While these dues were intended to
support workers and union activities, neither the VGCL nor the
government, which is responsible for dues collection, provided
transparent information regarding their use. Although the law does not
allow for independent unions, it permits the negotiation of disputes to
be led and organized by ``relevant entities,'' which may be composed of
worker representatives when the enterprise in question does not have a
union, i.e., during the first six months after an enterprise is
established. The law allows for ``union activities'' during this
period, especially during emergencies such as a strike.
The law permits strikes under certain prescribed circumstances and
stipulates an extensive and cumbersome process of mediation and
arbitration that must be followed before a lawful strike may occur.
The law prohibits strikes in businesses that serve the public or
that the government considers essential to the national economy and
defense. The law also grants the prime minister the right to suspend a
strike considered detrimental to the national economy or public safety.
The law defines ``essential services'' more broadly than in
International Labor Organization (ILO) criteria. A decree defines these
enterprises as ones involved in electricity production; post and
telecommunications; maritime and air transportation, navigation, and
management; public works; and oil and gas. The essential services list
was reduced by nearly 60 percent in April (effective June 1), from 142
firms to 58.
Strikes that do not arise from a collective labor dispute or do not
adhere to the process outlined by law are illegal. Before workers may
hold a strike, they must take their claims through a process involving
a conciliation council (or a district-level labor conciliator where no
union is present). If the two parties cannot reach a resolution, 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 failed.
The law also stipulates that workers on strike will not be paid wages
while they are not at work.
The law prohibits retribution against strikers, and there were some
anecdotal reports of employer retaliation against strike participants
by limiting future employment prospects. For example, MOLISA's Center
for Industrial Relations reported the case of a company photographing
workers on strike and sending the photographs to other companies within
their business association. Local news reported that employees at a
Panasonic factory accused the company of creating a list of striking
workers. 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.
The law provides VGCL-affiliated unions the right to bargain
collectively on behalf of workers. Collective labor disputes over
rights must be routed through a conciliation council and, if the
council cannot resolve the matter, to the chairperson of the district-
level people's committee.
In practice VGCL leaders influenced key decisions by drafting,
amending, or commenting on labor legislation; developing social safety
nets; and setting health, safety, and minimum wage standards. Labor
activists and representatives of independent (non-VGCL) workers'
organizations faced antiunion discrimination (see section 1.e.,
Political Prisoners and Detainees).
There was little evidence that leaders or organizations active
during the first six months' window after an enterprise was established
continued to be active or recognized thereafter.
The VGCL reported 981 strikes during the year. The main reason for
the high number of strikes--more than double the number in 2010--was
reportedly the negative impact of high inflation on workers' living
conditions. The majority of these strikes occurred in Ho Chi Minh City
and surrounding provinces in foreign-invested enterprises (mainly South
Korean and Taiwanese companies). None of the strikes followed the
authorized conciliation and arbitration process and thus were
considered illegal, ``wildcat'' strikes. The government tolerated these
strikes and not only took no action against the strikers but on
occasion also actively mediated agreements in the workers' favor. In
some cases the government disciplined employers, especially with
foreign-owned companies, for the illegal practices that led to strikes.
There were credible reports that employers 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 unions.
b. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced and compulsory labor, except as defined by administrative or
criminal penalties. Nonetheless, according to government and NGO
reports, forced labor of adults and children occurred (see
section7.c.).
There were reports from credible NGOs that the government,
especially the Ministry of Public Security, increased efforts to
prevent forced labor, and the government reported criminal prosecutions
for forced labor during the reporting period. In response to reports of
forced labor on domestic coffee plantations, Lam Dong Province
authorities issued a directive in November calling for increased
inspections and stricter punishments against illegal labor brokers who
offered jobs on coffee plantations.
Prisoners convicted by courts routinely were required to work for
little or no pay. Authorities routinely required individuals, detained
under administrative decree in reeducation centers and detention
centers for sex workers and drug users, 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 were
credible reports that private companies hired individuals in drug
detention centers.
There was also information that suggested workers in centers for
social and educational rehabilitation were engaged in agriculture
(growing rice and vegetables; raising poultry, fish, and other
livestock; and shelling cashews or other nuts), manufacturing
(producing bicycle tires, mosquito nets, false eye-lashes, pottery,
bamboo or rattan products, and shoes and apparel), and construction
work.
In September an international human rights organization reported
that authorities forced individuals in the detention centers for drug
users to engage in unpaid or underpaid work as part of their treatment.
In response, MOLISA officials confirmed that ``therapeutic labor'' was
one part of the treatment for individuals in these centers but asserted
that it was not required of all individuals and was remunerated. The
officials also reported providing orders to provincial officials to
halt construction of any new drug detention centers and cease all
actions that violated labor regulations.
Also see the Department of State's Trafficking in Persons Report at
http://state.gov/j/tip.
c. Prohibition of Child Labor and Minimum Age for Employment.--The
law prohibits most child labor but allows exceptions for certain types
of work. The law sets the minimum age for employment at 18 years, but
enterprises may hire children between ages 15 and 18 if the firm
obtains permission from parents and MOLISA. Enterprises hiring young
labor (ages 15-18) have to provide them with special considerations
concerning working hours, annual leave, and working environment.
Children ages 15-18 may work a maximum of seven hours per day and 42
hours per week and must receive special health care.
The law permits children to register at trade training centers, a
form of vocational training, from age 13. By law an employer must
ensure that workers under age 18 do not undertake hazardous work or
work that would harm their physical or mental development. Prohibited
occupations are specified in law and include those requiring compressed
working posture, direct contact with harmful chemicals, contact with
radioactive substances, work with various types of furnaces or hot
metal, driving motor vehicles, operating stone grinding machines, and
operating machines for starching cloth and cotton yarns, among others.
MOLISA is responsible for enforcing child labor laws and policies.
Government officials may fine and, in cases of criminal violations,
prosecute employers who violate child labor laws. Generally the
government committed insufficient resources to enforce effectively laws
providing for children's safety, especially for children working in
mines and as domestic servants. However, there were several reports
that the government detected some cases of child exploitation, removed
children from exploitative situations, and prosecuted/fined employers
during the year. In April Lam Dong Province authorities closed and
burned illegal tin mining sites where children were employed. In
September authorities rescued two dozen children from ``slave labor''
in a private garment factory; at year's end the factory owners awaited
trial.
A 2011 investigation by the Ho Chi Minh City Department of Labor,
Invalids, and Social Affairs showed that child labor appeared in seven
of 24 districts and approximately 90 percent of establishments using
child labor did not have business licenses. MOLISA maintained that more
than 25,000 children worked in hazardous conditions countrywide, a
statistic that international observers continued to believe was
actually higher.
The government approved in February its first five-year National
Program on Child Protection and committed approximately VND 1.75
trillion ($83.3 million) toward implementation from both central and
local government budgets. The government also continued programs to
eliminate persistent child labor, with a particular focus on needy
families and orphans. A joint project with the ILO to eliminate the
worst forms of child labor continued.
In practice child labor remained a problem, particularly in rural
areas, where two-thirds of the population resided. In rural areas
children worked primarily on family farms, in other agricultural
activities and household responsibilities, or in mines. In some cases
they began work as young as age six and were expected to do the work of
adults by the time they reached age 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 similarly to reform schools or juvenile detention
centers, were commonly assigned work for ``educational purposes.''
In urban areas children worked in family-owned small businesses,
including small, privately owned garment factories, or on the street
shining shoes or selling articles such as lottery tickets and
newspapers. For example, in September Ministry of Public Security
officials initiated the rescue of 19 ethnic minority children from Dien
Bien Province who had been trafficked for the purpose of forced labor
to family-owned garment workshops near Ho Chi Minh City. One shelter
reported that some children were drugged during the year to keep them
awake and working longer hours.
d. Acceptable Conditions of Work.--The law requires the government
to set a minimum wage and adjust it based on consumer price index
changes. New minimum wages took effect on October 1, as follows: the
monthly minimum for unskilled laborers at private enterprises was
between VND 1.78 million (approximately $85) and VND 2 million ($95) in
urban areas, and VND 1.4 million ($67) and 1.55 million ($74) in rural
areas. For employees working for the state sector, the monthly minimum
was VND 830,000 ($40). The government defined the poverty line for the
period 2011-15 as VND 400,000 ($19) per month for rural households and
VND 500,000 ($24) for urban households.
The government set the workweek for government employees and
employees of companies in the state sector at 40 hours and 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 it 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 16 hours per
week and 200 hours per year but provides for an exception in special
cases, with a maximum of 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
the public and private sectors.
The law requires the government to promulgate rules and regulations
that provide for worker safety and provides that workers may remove
themselves from hazardous conditions without risking loss of
employment.
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 may not 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 may not be compelled to work overtime, at night, or in locations
distant from their homes.
It was unclear how strictly the government enforced provisions for
wages, hours, and benefits or the exceptions for certain female
employees. MOLISA, in coordination with local people's committees and
labor unions, is charged with enforcing the law, 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. There were approximately 140
general labor inspectors plus small numbers of additional inspectors
focused on persons with disabilities, social insurance, export
recruiting companies, etc. The VGCL stated, and MOLISA acknowledged,
that low fines on firms for labor violations failed to act as an
effective deterrent against violations.
There were credible reports that factories exceeded the legal
overtime thresholds and did not meet legal requirements for rest days.
A September ILO report noted that 66 of 78 apparel factories did not
comply with legal overtime limits.
On-the-job injuries due to poor health and safety conditions and
inadequate employee training in the workplace remained a problem. The
mining and construction sectors reported the greatest number of
occupational injuries. In the first six months of the year, there were
3,531 occupational accidents and 273 deaths. For example, in April a
stone mining accident killed 18 workers in Nghe An Province. The
company had been fined twice in the previous year for poor safety
standards, and authorities arrested the owner after the April incident
for violating safety regulations. At year's end prosecution proceedings
had begun against the owner.
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