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THE

HUMAN
RIGHTS
E N C Y C L O P E D I A
THE

HUMAN
RIGHTS
E N C Y C L O P E D I A
Volume One

Foreword by Aung San Suu Kyi


Winner of the 1991 Nobel Peace Prize

JAMES R.LEWIS
University of Wisconsin at Stevens Point

CARL SKUTSCH
School of Visual Arts, New York, NY

S
SHARPE REFERENCE
an imprint of M.E. Sharpe, Inc.
Appendix 2-1125

SHARPE REFERENCE
Sharpe Reference is an imprint of M.E. Sharpe, INC.

M.E. Sharpe, INC.


80 Business Park Drive
Armonk, NY 10504

© 2001 by M.E. Sharpe, INC.

All rights reserved.

No part of this book may be reproduced, stored in a retrieval system or transmitted in any
form or by any means, electronic, mechanical, photocopying, recording, or otherwise,
without the prior permission of the copyright holders.

Library of Congress Cataloging-in-Publication Data

Lewis, James R.
The human rights encyclopedia / James R. Lewis, Carl Skutsch.
p. cm.
Includes bibliographical references and index.
ISBN 0-7656-8023-8 (set ; alk. paper)
1. Human rights—Encyclopedias. I. Skutsch, Carl. II. Title
JC571.L523 2000
323’.03—dc21 99-048341

Printed and bound in the United States of America

The paper used in this publication meets the minimum requirements of


American National Standard for Information Sciences—Permanence of
Paper for Printed Library Materials,
ANSI Z 39.48-1984.

BM (c) 10 9 8 7 6 5 4 3 2 1
v

Contents

VOLUME ONE Chad ................................................................................ 117


Chile ............................................................................... 121
The Editors and Contributors ............................................ ix China............................................................................... 125
Colombia ........................................................................ 133
Foreword ........................................................................... xi Comoros ......................................................................... 137
Congo, Democratic Republic of the (Zaire) ................... 139
Acknowledgements ......................................................... xiii Congo, Republic of the ................................................... 143
Costa Rica ....................................................................... 146
Introduction ...................................................................... xv Côte d’Ivoire ................................................................... 150
Croatia ............................................................................ 154
SECTION I: COUNTRIES Cuba ................................................................................ 157
Cyprus............................................................................. 162
Afghanistan ........................................................................ 3 Czech Republic ............................................................... 165
Albania ............................................................................... 7 Denmark ......................................................................... 169
Algeria .............................................................................. 11 Djibouti ........................................................................... 171
Angola .............................................................................. 19 Dominican Republic ....................................................... 174
Antigua and Barbuda ........................................................ 22 Ecuador ........................................................................... 178
Argentina .......................................................................... 24 Egypt .............................................................................. 181
Armenia ............................................................................ 28 El Salvador ..................................................................... 186
Australia ........................................................................... 32 Equatorial Guinea ........................................................... 190
Austria .............................................................................. 37 Eritrea ............................................................................. 194
Azerbaijan......................................................................... 39 Estonia ............................................................................ 198
Bahamas ........................................................................... 42 Ethiopia ........................................................................... 201
Bahrain ............................................................................. 44 Fiji ................................................................................... 205
Bangladesh ....................................................................... 48 Finland ............................................................................ 207
Barbados ........................................................................... 53 France ............................................................................. 209
Belarus .............................................................................. 55 Gabon ............................................................................. 212
Belgium ............................................................................ 58 Gambia ........................................................................... 215
Belize ................................................................................ 61 Georgia ........................................................................... 218
Benin................................................................................. 64 Germany ......................................................................... 221
Bhutan............................................................................... 66 Ghana .............................................................................. 224
Bolivia .............................................................................. 70 Greece ............................................................................. 228
Bosnia and Herzegovina ................................................... 74 Grenada .......................................................................... 231
Botswana .......................................................................... 79 Guatemala ....................................................................... 233
Brazil ................................................................................ 82 Guinea............................................................................. 237
Brunei ............................................................................... 86 Guinea-Bissau ................................................................. 240
Bulgaria ............................................................................ 89 Guyana ............................................................................ 243
Burkina Faso ..................................................................... 94 Haiti ................................................................................ 246
Burundi ............................................................................. 97 Honduras ........................................................................ 249
Cambodia ........................................................................ 100 Hungary .......................................................................... 253
Cameroon ....................................................................... 105 Iceland ............................................................................ 255
Canada ............................................................................ 109 India ................................................................................ 258
Cape Verde ...................................................................... 112 Indonesia ........................................................................ 264
Central African Republic ................................................ 114 Iran .................................................................................. 270

v
vi

Iraq .................................................................................. 275 Peru ................................................................................. 434


Ireland ............................................................................. 280 Philippines ...................................................................... 438
Israel ............................................................................... 282 Poland ............................................................................. 441
Italy ................................................................................. 287 Portugal........................................................................... 444
Jamaica ........................................................................... 291 Qatar ............................................................................... 446
Japan ............................................................................... 293 Romania .......................................................................... 450
Jordan ............................................................................. 297 Russia ............................................................................. 453
Kazakhstan ..................................................................... 301 Rwanda ........................................................................... 458
Kenya .............................................................................. 304 Samoa ............................................................................. 462
Kuwait ............................................................................ 307 Saudi Arabia ................................................................... 464
Kyrgyzstan ...................................................................... 311 Senegal ........................................................................... 467
Laos ................................................................................ 313 Sierra Leone.................................................................... 470
Latvia .............................................................................. 316 Singapore ........................................................................ 474
Lebanon .......................................................................... 319 Slovakia .......................................................................... 477
Lesotho ........................................................................... 323 Slovenia .......................................................................... 479
Liberia ............................................................................. 326 Solomon Islands ............................................................. 481
Libya ............................................................................... 329 Somalia ........................................................................... 483
Liechtenstein................................................................... 332 South Africa .................................................................... 486
Lithuania ......................................................................... 333 South Korea .................................................................... 490
Luxembourg ................................................................... 335 Spain ............................................................................... 492
Macedonia ...................................................................... 337 Sri Lanka ........................................................................ 495
Madagascar ..................................................................... 339 Sudan .............................................................................. 499
Malawi ............................................................................ 341 Suriname ......................................................................... 503
Malaysia ......................................................................... 344 Swaziland ....................................................................... 506
Maldives ......................................................................... 347 Sweden ........................................................................... 509
Mali Republic ................................................................. 349 Switzerland ..................................................................... 511
Malta ............................................................................... 352 Syria ................................................................................ 514
Marshall Islands.............................................................. 354 Taiwan ............................................................................ 517
Mauritania ....................................................................... 356 Tajikistan ........................................................................ 521
Mauritius ......................................................................... 360 Tanzania .......................................................................... 524
Mexico ............................................................................ 362 Thailand .......................................................................... 527
Micronesia ...................................................................... 366 Togo ................................................................................ 530
Moldova .......................................................................... 369 Trinidad and Tobago ....................................................... 533
Monaco ........................................................................... 373 Tunisia ............................................................................ 535
Mongolia ........................................................................ 374 Turkey ............................................................................. 538
Morocco .......................................................................... 377 Turkmenistan .................................................................. 542
Mozambique ................................................................... 380 Uganda ............................................................................ 544
Ukraine ........................................................................... 547
VOLUME TWO
United Arab Emirates ..................................................... 550
Myanmar (Burma) .......................................................... 384 United Kingdom ............................................................. 552
Namibia .......................................................................... 390 United States ................................................................... 556
Nepal............................................................................... 393 Uruguay .......................................................................... 563
Netherlands ..................................................................... 397 Uzbekistan ...................................................................... 566
New Zealand ................................................................... 401 Venezuela ........................................................................ 568
Nicaragua ........................................................................ 403 Vietnam........................................................................... 571
Niger ............................................................................... 407 Yemen ............................................................................. 575
Nigeria ............................................................................ 409 Yugoslavia ...................................................................... 577
North Korea .................................................................... 412 Zambia ............................................................................ 581
Norway ........................................................................... 416 Zimbabwe ....................................................................... 583
Oman .............................................................................. 418
SECTION II: ISSUES AND INDIVIDUALS
Pakistan ........................................................................... 421
Panama ........................................................................... 424 Abortion .......................................................................... 589
Papua New Guinea ......................................................... 427 Affirmative Action .......................................................... 596
Paraguay ......................................................................... 430 Aging .............................................................................. 598
vii

AIDS/HIV and Human Rights........................................ 601 VOLUME THREE


Aliens and Non-citizens ................................................. 605
Amnesty .......................................................................... 607 International Law ........................................................... 769
Anti-Semitism ................................................................. 610 Martin Luther King Jr. .................................................... 772
Apartheid ........................................................................ 613 Kurds .............................................................................. 775
Armed Forces ................................................................. 619 Labor .............................................................................. 778
Arms Trade ..................................................................... 622 Land Mines ..................................................................... 782
Asylum ........................................................................... 625 Law and Justice .............................................................. 785
Aung San Suu Kyi .......................................................... 628 Nelson Mandela .............................................................. 789
Bahai ............................................................................... 630 Marriage and Family ...................................................... 792
Bioethics ......................................................................... 632 Mental Health and Psychiatry ........................................ 795
Cairo Declaration on Human Rights in Islam ................ 635 Migrant Workers ............................................................. 800
Capital Punishment ......................................................... 637 Minority Rights .............................................................. 802
Censorship ...................................................................... 640 Nationality and Citizenship ............................................ 807
Child Abuse .................................................................... 645 Native Americans ........................................................... 810
Child Labor ..................................................................... 648 Nobel Peace Prize ........................................................... 815
Child Pornography ......................................................... 651 Nuclear Weapons ............................................................ 817
Children .......................................................................... 655 Palestine and the Palestinian Authority .......................... 820
Conscientious Objection to Military Service ................. 658 Police and Law Enforcement ......................................... 826
Conventional Weapons ................................................... 661 Political Prisoners ........................................................... 830
Crime .............................................................................. 663 Poverty ............................................................................ 834
Crimes Against Humanity .............................................. 665 Prisons ............................................................................ 838
Cultural Relativism ......................................................... 667 Privacy ............................................................................ 842
Dalai Lama ..................................................................... 669 Property Rights ............................................................... 846
Debt Bondage ................................................................. 673 Prostitution (Forced) ....................................................... 848
Democracy ...................................................................... 675 Public Relations, Progaganda, and
Derogation ...................................................................... 680 Human Rights .......................................................... 852
Detention and Arbitrary Arrest ....................................... 682 Racism ............................................................................ 855
Disabled Persons’ Rights ................................................ 685 Refugees ......................................................................... 859
Disappearances ............................................................... 688 Reproductive Rights ....................................................... 869
Domestic Violence .......................................................... 690 Right to Life ................................................................... 874
Drug Trafficking ............................................................. 693 Roma (“Gypsies”) .......................................................... 876
Education and Literacy ................................................... 696 Science and Technology ................................................. 885
Environment ................................................................... 698 Self-Determination ......................................................... 887
Equality ........................................................................... 701 Sexual Orientation and
Exile and Deportation ..................................................... 703 Homosexuality ........................................................ 890
Extradition ...................................................................... 706 Sikhs ............................................................................... 895
Female Genital Mutilation .............................................. 708 Slavery ............................................................................ 898
Freedom of Assembly ..................................................... 715 State of Emergency ......................................................... 905
Freedom of Expression ................................................... 718 Terrorism ........................................................................ 906
Freedom of the Press ...................................................... 721 Torture ............................................................................ 908
Freedom of Religion ....................................................... 724 Totalitarian Ideologies .................................................... 913
Mohandas Gandhi........................................................... 728 Trade Unions .................................................................. 916
Genocide ......................................................................... 732 Trials ............................................................................... 918
Globalization and Multinational Corporations ............... 735 United Nations ................................................................ 921
Habeas Corpus ................................................................ 740 Universal Declaration
Health Rights .................................................................. 742 of Human Rights ..................................................... 926
Housing Rights and Homelessness ................................. 744 Victims’ Rights ............................................................... 935
Human Rights, Ethics, and Morality .............................. 747 War .................................................................................. 937
Humanitarian Intervention ............................................. 754 War Crimes ..................................................................... 941
Hunger ............................................................................ 756 Elie Wiesel ...................................................................... 943
Impunity ......................................................................... 758 Women’s Rights .............................................................. 946
Indigenous Peoples ......................................................... 761 World Court .................................................................... 951
International Bill of Rights ............................................. 767 Xenophobia .................................................................... 953
viii

APPENDIXES Declaration on the Elimination of Violence


Appendix A: against Women ...................................................... 1009
United Nations Human Rights Documents ................ 955 Convention on the Rights of the Child ..................... 1012
Declaration on the Rights of Disabled Persons ........ 1022
Charter of the United Nations .................................... 955
Basic Principles on the Independence
Universal Declaration of Human Rights .................... 968
of the Judiciary ...................................................... 1023
International Covenant on Civil and
Code of Conduct for Law Enforcement Officials .... 1025
Political Rights ........................................................ 971
Convention against Torture and Other
First Optional Protocol to the International Covenant
Cruel, Inhuman or Degrading
on Civil and Political Rights ................................... 977
Treatment or Punishment ...................................... 1028
Second Optional Protocol to the International
Universal Declaration on the Eradication
Covenant on Civil and Political Rights ................... 979
of Hunger and Malnutrition .................................. 1034
The International Covenant on Economic, Social and
Convention Relating to the Status of Refugees ........ 1037
Cultural Rights ........................................................ 980
Declaration on Territorial Asylum ............................ 1045
Convention on the Prevention and Punishment
of the Crime of Genocide ........................................ 990
International Convention on the Elimination Appendix B: Human Rights Organizations ............. 1047
of All Forms of Racial Discrimination .................... 992
Declaration on the Elimination of All Forms Glossary ........................................................................ 1089
of Intolerance and of Discrimination
Based on Religion or Belief .................................... 998 Bibliography ................................................................. 1093
Declaration on the Rights of Persons Belonging to
National or Ethnic, Religious or
General Index ............................................................... 1099
Linguistic Minorities ............................................. 1000
Convention on the Elimination of All Forms
of Discrimination against Women ......................... 1002 Name Index .................................................................. 1121
Editors
James R. Lewis Carl Skutsch
University of Wisconsin School of Visual Arts
at Stevens Point New York, NY

Contributors
Mansoor Al-Jamri Rhys Johnson Carron Sommerset
LAW—The Palestinian Society
Aung San Suu Kyi for the Protection of Human Rights John C. Stauber
Nobel Peace Prize Laureate and the Environment Center for Media and Democracy

Marlene Benmergui Laura Katzive Henriëtte Stratmann


Canadian Journalists Center for Reproductive Humanist Committee on
for Free Expression Law and Policy Human Rights
Ann Birch Miles Keefe Bruno Tardieu
Community College of Vermont International Movement
Ahmed Bouzid ATD Fourth World
Algeria Watch International Luciano Loiacono-Clouet
Handicap International Stelios Theodoulou
Eric Busch
Nathalie Martin Joseph Waligore
Donna J. Cook University of Wisconsin
University of Wisconsin Handicap International
at Stevens Point
at Stevens Point Toby Mendel
Article 19 Timothy Waligore
Simon Davies The Global Campaign for Dartmouth College
Privacy International Free Expression
Holland Webb
Manisha Desai Myra D. Mossman American Anti-Slavery Group
Hobart and William Smith Colleges
Michael P. Nelson Laurie Wiseberg
Panayote Elias Dimitras University of Wisconsin Human Rights Internet
Greek Helsinki Monitor at Stevens Point
Morton Winston
Barry A. Fisher Muireann O Briain College of New Jersey
ECPAT International
Bill Frelick Jeremy Woodrum
U.S. Committee for Refugees David Patterson Free Burma Coalition
Bjarney Fridriksdottir Victor Perton Hossein B. Zadeh
Icelandic Human Rights Center Minister of Parliament, Australia Iranian Human Rights
Margaret Gray Anika Rahman Working Group
National Labor Committee Center for Reproductive Barbara Zonta
Law and Policy University of Edinburgh,
Ross Hanig
Center for Justice and Scotland
Kerry Richmond
Accountability American Anti-Slavery Group Michela Zonta
Beth Herzfeld Autumn Smith University of California
Anti-Slavery International Wellesley College at Los Angeles

ix
Appendix 2-1125

Foreword
Aung San Suu Kyi
1991 Nobel Peace Laureate

A society that lacks human rights is a society that breeds I deeply appreciate the wisdom and vision of those who drew
misery. If I am ever asked why I am an advocate of human up the articles of the Declaration. There is not one article that
rights, I would like to answer that I simply do not like seeing we can choose to ignore without imperiling freedom, justice,
so much human misery around me. There are many people and peace. If we are to lead free and full lives, all the articles
today whose lives have been blighted by the sense of insecu- of the Declaration must be respected.
rity and helplessness common to those who are at the mercy The preamble of the Declaration proclaims that the
of the whims of unjust, authoritarian rulers. People need to “advent of a world in which human beings shall enjoy free-
be protected against the misuse of power. The articles of the dom of speech and belief and freedom from fear and want” is
United Nations Universal Declaration of Human Rights are the “highest aspiration of the common people.” It is also the
aimed at providing this all-important protection for all the most basic need for all, regardless of race, religion, or nation-
peoples of the world. ality. Our struggle for human rights has brought us very close
In the aftermath of World War II, already-established pow- to all members of the human family who are striving for the
ers and young nations newly emerged from the colonial recognition of their inherent dignity and their inalienable
chrysalis gathered to lay out a set of principles that would right to life, liberty, and security of person.
protect future generations from the scourge of violent con- It is my hope that our common aims and sufferings will
flict. Burma was one of the original signatories of the Univer- create a strong sense of solidarity that transcends national
sal Declaration of Human Rights when it was adopted by the borders and cultural differences. We struggle with a sense of
United Nations in December 1948. But sadly, more than fifty purpose and an unshakable faith in the power of compassion,
years later, the articles of the Universal Declaration of Hu- endeavor, and universal brotherhood. As our gratitude goes
man Rights still remain paper promises to many peoples and out to those who have so generously supported us in our
nations. times of adversity, we would like to express the hope that one
Coming as I do from Burma, a country that suffers from day, our country may also be a source of strength and support
the systematic violation of human rights by those in power, for those in need of peace, justice, and freedom.

xi
Acknowledgments

First, I would like to express my heartfelt gratitude to Evelyn into print. Evelyn Fazio, my publisher, spent more time with
Fazio. Second, many thanks to my partner, Evelyn Dorothy me than many of my friends, and never complained. I believe
Oliver, who worked intensively on this project in many ways, her name has as much right to be on the title page as mine.
at many different stages. Third, thanks to my literary agent, Andrew Gyory provided much-needed editing, while Aud
Jeff Herman, for his crucial assistance at several junctures. Thiessen, the editorial coordinator, kept things from falling
I would also like to acknowledge Anne Burns for finding between the cracks, and Angela Piliouras flawlessly managed
and coordinating illustrations, Harrison Brix for his computer the production end of the project, making sure that none of
advice, and Patrick Fourney and Heber Jentzsch for putting my entries went astray, despite all of my clumsy efforts to help
me in touch with some of the encyclopedia’s contributors. her.
Finally, I would like to thank the contributors themselves, On a personal note, I thank my lovely wife, Kristin Marting,
whose deep familiarity with human rights issues have helped who supported me through the rough days of final editing
make this a truly great reference work. when my desk was buried under piles of documents and I was
J.L. less than fun to be around. Thanks are hardly enough for what
she’s had to deal with. She is a pearl beyond compare. I would
also like to thank the newest member of our family, Griffin
*** Marting Skutsch, for putting up with so little play time.
Finally, I want to offer my heartfelt support to those around
To begin with, I wish to offer my thanks to the wonderful the world who are still suffering from human rights abuses.
people at M.E. Sharpe; first, for allowing me to work on this This encyclopedia is not enough—nothing is enough—but I
fascinating and vital topic; and second, for providing the hope it is a tiny step in the right direction.
support without which the project never would have made it C.S.

xiii
Introduction xv

Introduction

On a bright June morning in Colombia last year, Venecia stage because of increased worldwide awareness of the im-
Barona Mosquera went out to cut sugar cane to help earn a portance of human rights.
living for her family. When she came home, she found her This increased awareness has led us to create this ency-
father and two brothers shot dead and her ten-year-old daugh- clopedia. We think it is a necessary and long overdue resource
ter lying with her skull crushed. Ms. Mosquera’s family had in this era of growing human rights concerns and abuses.
done nothing to deserve their deaths. They were simply poor But what are human rights? They are a set of ideas and
peasant villagers. But their village had given some food to a beliefs that all people are endowed with certain privileges and
band of well-armed rebel guerrillas—they were afraid not responsibilities. The privileges include everything from the right
to—and as a consequence, local right-wing paramilitary to speak openly without fear, to the right to decent shelter and
troops punished the village by killing more than twenty healthcare. The responsibility associated with this idea is the
people, including Ms. Mosquera’s family. Ms. Mosquera fled shared obligation that we all must defend one another’s human
to a refugee camp on the outskirts of Cartegena—a shantytown rights. Each person has a set of human rights. Yet there are
nicknamed Nelson Mandela—and thereby became one of the some people who take these rights away. We have an obliga-
more than 2 million Colombians who have been displaced by tion to protect not only our own rights, but those of others.
the brutal guerrilla war that has racked that country for years. Finally, rights are attached to people. All people have the same
Ms. Mosquera’s story is a personal tragedy. It is also a rights. Just as there is a moral prohibition against murder, there
human rights tragedy. In Ms. Mosquera’s tragedy, you see is also a moral imperative that requires us to defend the human
the human face of the struggle for human rights. rights of all men, women, and children.
All too often, we see human rights as abstract ethical con- Not all people share this view. But then, not all people
cepts or dead words from the past. We read in the American obey laws against murder. We believe that more and more
Declaration of Independence that “all men are created equal, good people are learning to view the world through the prism
that they are endowed by their Creator with certain unalien- of human rights. The roots of the modern belief in inherent
able rights, that among these are life, liberty, and the pursuit human rights is, after all, relatively young, dating back only
of happiness,” and we should recognize that Thomas to the seventeenth century. It will take time before all people
Jefferson’s words are still true today. But sometimes the world embrace human rights as a world priority.
ignores them or pretends that they do not matter. To those In this context of growing interest, our purpose is to bring
around the globe who are struggling against fear and oppres- knowledge of human rights issues to a broader audience and
sion, they matter a great deal. Venecia Mosquera’s family to serve as a resource on the subject for students, educators,
had their right to life stripped from them; Venecia Mosquera, and general readers. To best accomplish this, we have di-
forced to flee for her life, had her liberty taken from her, and vided The Human Rights Encyclopedia into two main sec-
her chances of pursuing happiness seem slim. Perhaps none tions: Countries, and Issues and Individuals.
of this would have happened if government officials in Co- Each country entry gives a brief outline of the country’s
lombia and their allies in other countries—including the history, society, and political makeup, and then goes into de-
United States—had shown greater respect for the idea of hu- tail about human rights problems in that country. The various
man rights. contributors were given the freedom to take their own ap-
Despite tragedies like Ms. Mosquera’s, or perhaps partly proach to the country entries—each country has unique char-
because of them, there has been a growing consensus over acteristics that may suggest differing methods of analysis—but
the last decade that human rights must become an interna- each was sure to supply basic demographic and political data
tional priority. From Haiti to Kosovo, international peace- that place human rights issues in context. We also provide
keeping forces have intervened to prevent human rights sources for our information, which for the most part are re-
catastrophes. In negotiations over trade deals, human rights spected government and human rights organizations.
have become a key element of the debate. Those who have The topical entries delve deeply into the details of human
previously been on the fringes of political questions—women, rights problems. In entries from abortion to xenophobia, we
children, the disabled—have begun to move closer to center confront the difficult issues surrounding human rights and

xv
xvi Introduction

try to bring to life the suffering of those whose rights have would be many pathways available. The reader could first re-
been denied. Our contributors are qualified and respected fer to the Colombia entry and read about the long-standing
people in the field of human rights. Many of them are also history of the guerrilla war there. Next, the user could turn to
activists in this field, and bring to this set a unique blend of topical entries such as War, War Crimes, and Refugees. If the
passion and firsthand experience. They make it clear that they same newspaper mentions that Colombia is about to receive
are writing about living, suffering people. As with the country billions of dollars from the United States in order to help stop
entries, each topical entry has a bibliography giving readers a drug cultivation, the reader could turn to the Drug Trafficking
starting point for further research. These entries also provide entry to read about how both drug use and the war on drugs
cross-references to other related topics. can lead to human rights violations, as they have in Colom-
The appendixes provide two sets of resources. First, there bia. Each of these articles has cross-references that will lead
is a documentary collection of the most prominent and well- to other human rights issues. Finally, the appendixes will help
known human rights resolutions of the twentieth century. These the researcher to discover which rights were guaranteed Ms.
documents, which define human rights in the world of inter- Mosquera by international law and which were violated dur-
national law, include the United Nations Charter of 1945, the ing her ordeal.
Universal Declaration of Human Rights of 1948, the Interna- Today, at the dawn of the twenty-first century, when the
tional Covenant on Civil and Political Rights, and the Interna- goodwill of leaders and organizations around the world give
tional Covenant on Economic, Social, and Cultural Rights. us hope that human rights will be more of a priority than they
While these four are the most important human rights docu- were in the conflict-ridden, horror-filled twentieth century, it
ments, we have also included several more that pinpoint other seems particularly appropriate to launch this encyclopedia.
major areas of concern, such as racism, genocide, and This reference work cannot hope to answer all human rights
children’s rights. questions—there is not enough ink in the world to do that—
In addition to these critical official documents, we also of- but we hope that it will serve as a useful starting point, a be-
fer a large sampling of some of the more important human ginning that readers can use as a base from which to explore
rights organizations around the world. Given the tens of thou- the idea of a planet where human rights are fully respected,
sands of such organizations, a representative sample is all that protected, and enjoyed by all peoples.
we can hope to provide. I hope that, just as this project has opened my eyes to some
We believe that our approach to human rights issues will of the horrors and hopes that surround the issue of human
provide a useful tool for researchers and anyone who is inter- rights, this encyclopedia may succeed in opening a few more
ested in understanding the meaning behind events that are eyes to the rights struggle. Where human rights are concerned,
splashed across the front page of newspapers every day. If, we all still have a great deal to learn.
for example, a student were to read about Venecia Mosquera
and her problems and wished to learn more about them, there Carl Skutsch
SECTION ONE

Countries
Afghanistan
cratic Republic. Thousands of members of
the traditional elite and intellectuals were
imprisoned, tortured, and murdered. The
Soviet Union took advantage of the precar-
ious situation and invaded the country in
December 1979. Following the invasion, a
Soviet-supported regime was unable to es-
tablish authority outside the capital, Kabul.
In 1984, Afghan freedom fighters (mu-
jahideen) began receiving substantial mili-
tary assistance from the United States and
other countries. Popular hostility toward
the regime (and the Soviet Union) led to its
demise in 1986. It was replaced by a gov-
ernment—still backed by the Soviets—led
by Mohammed Najibullah, former chief of
the Afghan secret police, who remained in
power until 1992. Approximately 14,500
Soviets and 2 million Afghans died between
1979 and 1992.
Afghanistan is bounded on the north by In 1992, the victorious mujahideen en-
Tajikistan, Turkmenistan, and Uzbekistan, tered Kabul and assumed control of the
on the west by Iran, and on the south and central government. With the end of Soviet
east by Pakistan and China. Its ethnically occupation, a new round of fighting began
and linguistically mixed population counts between the various militias—fighting
over 25 million. Pashtuns are the dominant based on ethnic, clan, religious, and per-
ethnic group, and Dari (Afghan Persian) sonality differences. By 1998, the Afghan
and Pashto are the official languages. conflict had boiled down to two key com-
Afghanistan is an Islamic country. An esti- batants: the ultraconservative Islamic
mated 85 percent of the population is movement known as Taliban, led by Mullah
Sunni Muslim. The balance of the popula- Omar, which in 2000 controls 90 percent
tion is mostly Shi’a Mulsim. Islamic codes of the country, including Kabul; and the
and traditions dominate every aspect of life. Northern Alliance forces, led by Ahmad
Shah Massoud, which controls 10 percent
of the country’s northeast. The Taliban and
BACKGROUND
Massoud’s forces continued to fight on mul-
In 1973, under the leadership of the Marx- tiple fronts.
ist People’s Democratic Party of Afghanistan Provincial administrations have limited
(PDPA), Afghanistan was declared a Demo- functions, and civil institutions are mostly

3
4 The Human Rights Encyclopedia

non-existent. There is no effective central Vice—the Taliban’s religious police—pub-


government in much of the country, as well licly assault people for violations of codes
as no constitution or independent judicia- relating to dress, hair length, and facial hair.
ry. The economy, which is based on culti- Violence against women takes place fre-
vation and trade—fruits, gems, and quently in the form of rape, murder, forced
minerals—is minimal due to fighting, the marriage, beating, and kidnapping. A
presence of thousands of land mines, and woman may be beaten on the street for im-
roads blocked by rival militias. modest dress (wearing shoes with heels can
be considered immodest, as can allowing
too much of one’s face to show). Women ac-
HUMAN RIGHTS
cused of adultery are stoned or lashed pub-
The ongoing war between the two armed licly. While women do not have equal rights
forces effectively prevents the formation of in the areas controlled by the Northern Al-
a stable, democratic society. Human rights liance, conditions there are less oppressive,
are continuously abused. There are no in- with more freedom allowed in dress and be-
stitutions protecting citizens from discrim- havior.
ination based on race, sex, religion, physical The Taliban also use excessive force
disability, language, or social status. The against demonstrators. According to some
presence of competing factions has also se- reports, ten unarmed pro-peace demon-
riously limited the freedoms of speech, strators were killed in Mazar-I-Sharif on
press, assembly, association, religion, and March 24, 1998.
movement. Abductions, kidnappings and hostage
Historically, the minority Shi’a Muslims taking for ransom or for political reasons
have been among the most economically occur both in Taliban and non-Taliban
disadvantaged groups in the country, and areas. All Afghan factions use torture
have been discriminated against by the ma- against opponents and prisoners of war.
jority Sunni. It is estimated that thousands Prisoners’ conditions are precarious: they
of Shi’as of the Hazara ethnic group have are not given food, and visiting relatives can
been killed by the Taliban, who are ethnic bring them food only once or twice a week.
Pashtuns and Sunni Muslims. Expulsions In the absence of a formal legal system,
and mass executions based on ethnicity justice is not administered according to of-
have been carried out throughout the coun- ficial codes, and people are subjected to ar-
try by both Taliban and anti-Taliban forces, bitrary detentions. Individuals have been
who have indiscriminately bombarded civil- imprisoned by both the Taliban and the
ian areas. Northern Alliance because of their ethnic
In Taliban areas, strict and oppressive origins and suspected sympathy toward
order is imposed according to an extreme opponents.
interpretation of Islamic law, including pub- The Taliban use Islamic courts to judge
lic executions by stoning and throat slitting criminal cases and resolve disputes. Tal-
for adultery or murder, amputations for iban courts often provide summary trials
theft, and beatings on the spot for other in- that last but a few minutes. Prisoners con-
fractions. Homosexuality is severely pun- victed of murder or rape are executed, un-
ished. Officials of the Ministry for the less the victims’ relatives choose to accept
Promotion of Virtues and Suppression of certain other forms of restitution. The
Afghanistan 5

courts’ decisions are final. It can generally ings. The penalty for shaving can be im-
be said that the administration and imple- prisonment. In public, women must wear
mentation of justice depend entirely upon a burqa, a garment that covers a person
local commanders, who execute, torture, or completely from head to toe.
impose punishments without reference to Women have been treated harshly under
any other authority. Taliban rule. Girls are not allowed to go to
There is no law addressing freedom of school, although a few girls’ schools are still
speech or press. The Taliban have banned open in rural areas and small towns. Women
foreign newspapers. Factions maintain cannot work outside the house. They can-
their own communication facilities. Foreign not leave their homes or receive medical
journalists are forbidden to film or take treatment unless escorted by a male rela-
photos of persons or animals; they are not tive. They cannot drive cars, though they are
allowed to interview women, and they must allowed to ride on designated buses. Women
at all times be accompanied by an escort. are forbidden from entering mosques. Be-
The Taliban prohibit music, movies, and cause of this, most women pray at home.
television on religious grounds. Freedom of They are also subjected to limits on the in-
religion is also restricted. Non-Muslim res- heritance of property.
idents may practice their faith but cannot The situation of children is very poor. In-
proselytize. The Taliban impose their in- fant mortality and death from malnutrition
terpretation of Islamic precepts in areas are common. UNICEF reports that most
under their control. Prayer is obligatory for children are traumatized; 90 percent suf-
everybody. Men are required to have beards fer from anxiety disorders and 70 percent
of a certain length and wear head cover- have witnessed scenes of violence, including

An orphanage in Kabul. The children’s parents were killed during Afghanistan’s long civil wars.
6 The Human Rights Encyclopedia

the killing of parents or relatives. Dolls and the Northern Alliance taxed humanitarian
stuffed animals are prohibited as toys for supplies, laid new land mines on the road,
children because images of living creatures and blew up a bridge to prevent the deliv-
cannot be represented in object form ac- ery of such aid in the northeastern
cording to the Taliban’s interpretation of the provinces of Badakhshan. In August 1998,
Islamic tradition. Children between the ages an Italian serving with the United Nations
of six and fourteen often work to help sup- Special Mission was killed in Kabul, and
port their families by shining shoes, col- most foreign UN and NGO representatives
lecting scrap metal on the streets, and were forced to leave. The Taliban have been
herding animals. Many are exposed to the accused of looting food supplies, stealing
danger of land mines (as are adult Afghans). trucks, and occupying the offices of the UN
In general, labor rights are not defined World Food Program.
and enforced by a central authority, mak- In April 1999, Karl F. Inderfurth, in his
ing them somewhat arbitrary. Many work- statement as UN assistant secretary for
ers have been fired because they received South Asian affairs, reported that the
their education abroad, because they were prospects of international efforts to bring
involved with previous regimes, or because both sides of the Afghan conflict to a peace-
they violated Taliban regulations. ful discussion and political settlement are
Afghanistan has one of the world’s largest still remote. As of October 2000, the fight-
refugee populations, with women and chil- ing continues.
dren constituting 75 percent of the refugee
James R. Lewis
population. More than 300,000 Afghans are
internally displaced people. Between Jan-
Bibliography
uary and October 1998, 88,000 refugees
returned. Although citizens can travel both Amnesty International. Amnesty International
inside and outside the country, warfare, Report 2000. New York: Amnesty Interna-
brigandage, millions of land mines, a pre- tional Publications, 2000.
Human Rights Watch. World Report 2000. New
carious road network, and limited and dan-
York: Human Rights Watch, 2000.
gerous air traffic seriously impede travel.
Roy, Olivier. Afghanistan: From Holy War to Civil
International aid agencies often find it
War. Princeton, NJ: Darwin Press, 1995.
difficult to provide humanitarian assistance U.S. Department of State. Afghanistan Country
and to monitor the situation in the country. Report on Human Rights Practices for 1998.
According to some reports, UN agencies Washington, DC: Bureau of Democracy,
and non-governmental organizations Human Rights, and Labor, 1999.
(NGOs) have been prevented from operat- ———. Background Notes: Afghanistan. Wash-
ing freely by all factions. Commanders of ington, DC: Bureau of Public Affairs, 1994.
Albania
the country is still affected by political in-
stability, widespread poverty, corruption,
unregulated occupations, and poor med-
ical care.
Independence from the Ottoman Empire
was achieved in 1912 and lasted until
1939, when Italy invaded the country. In
1943, German troops occupied the coun-
try. However, after World War II, Albania
became a communist state, allied to the So-
viet Union. The affiliation with the Soviet
Union ended in 1961, when Soviet premier
Nikita Khrushchev’s government openly de-
nounced Albania’s hard-line communist
policies.
During the 1960s, China became Alba-
nia’s ally and primary source of economic
and military support. This relationship,
however, ended in 1978, as a result of
China’s rapprochement with the United
The Republic of Albania, located in south- States. The leader of the Albanian Com-
eastern Europe, is a multiparty parliamen- munist Party, Enver Hoxha, then pursued
tary democracy. The prime minister is the an independent and isolationist course of
head of the government, while the presi- political and economic actions, running a
dent’s position is largely ceremonial with harsh dictatorship that helped ruin his
limited executive power. Tirana is the cap- country.
ital. Albanians are the main ethnic group, During 1990, changes in the communist
with Greek and other minorities constitut- bloc helped start a series of internal re-
ing 5 percent of the population. Sunni Mus- forms. Restrictions on travel abroad and re-
lims make up the largest religious group, ligious practices were liberalized. In 1991,
whereas Albanian Autocephalos Orthodox political prisoners were freed. In 1992 and
and Roman Catholic Churches are the 1993, under President Sali Berisha, the Al-
other two large denominations. banian government established the rule of
law and institutionalized respect for human
rights. These reforms aimed to gain closer
BACKGROUND
ties with Western countries and improve the
Albania has made tremendous progress in economic condition of the country. Assis-
overcoming years of foreign domination, tance programs provided by Western coun-
economic ruin, and isolation. Nevertheless, tries were reviewed after May 1996, when

7
8 The Human Rights Encyclopedia

international monitors found irregularities in the areas of freedom of speech, press,


in Albanian parliamentary elections. The and assembly have improved. The govern-
new government, however, lacked the skills ment generally respects these rights and
necessary to hold the country together. cooperates with the United Nations, as well
In 1997, the Socialist Party won the elec- as with non-governmental and other inter-
tions after a five-month period characterized national organizations on human rights is-
by total chaos and anarchy. The Democrat- sues. Nevertheless, many problems persist.
ic Party—the largest opposition group—boy- In many instances, crime, corruption, and
cotted the Parliament from October 1997 to vigilantism impede the government’s efforts
March 1998, and again from June 1998 to to maintain civil order.
the end of the year. There was also a boy- The judicial system is inefficient and sub-
cott after a national referendum approved a ject to executive pressure and intimidation.
new constitution under the guidance of So- The Democratic Party alleges that the gov-
cialist Party Chairman Pandeli Majko. The ernment is responsible for the murders of its
new constitution stated that “Governance is opponents during 1998, for abusing suspects
based on a system of elections that are free, and prisoners, and for harassment of Demo-
equal, general, and periodic.” cratic Party members for political reasons. In
August 1998, six persons who held positions
in the previous government were arrested.
HUMAN RIGHTS
In September 1998, during a two-day anti-
Albania is a poor country making a transi- governmental protest, two demonstrators
tion to a free-market system. Human rights were killed and ten persons wounded.

Men in Albanian prison yard.


Albania 9

Police often beat or mistreat prisoners, equal opportunities in their careers; as a


infringe on civil rights, and conduct search- consequence women are underrepresented
es without a warrant. In February 1999, in politics and government.
several journalists were beaten by police of- Child abuse and trafficking are serious
ficers. Although the penal code forbids the problems as well. Children are kidnapped
use of torture, there are reports of detainees and sold for prostitution or pederasty
being abused in police stations. In addition, abroad. Although the government enforces
the Parliament approved an anti-crime law the requirement to remain in school until
allowing police officers to shoot without age sixteen, in rural areas many children
warning at armed persons who resist the leave school earlier to help support their
police. Prisons are overcrowded and juve- families. In many cities, children are found
niles are often incarcerated with adults. The selling cigarettes or other items on the
Red Cross and other non-governmental or- streets. Forced or compulsory labor is
ganizations are allowed to inspect prisons, practiced.
although occasional non-cooperation with All religions are considered equal. How-
human rights monitors is a problem. ever, the government has not yet returned
Despite the 1995 Penal Procedures Code properties and religious objects confiscat-
and a citizens’ right to a fair, public, and ed during the communist regime. The gov-
speedy trial, lengthy pretrial detentions ernment has improved the treatment of
and investigations are often a problem. ethnic minorities. However, ethnic Greeks
Since 1997, because of the destruction of remain the most neglected minority group
many court and police records, prosecu- in terms of illiteracy, health, and econom-
tors and police have found it difficult to ic conditions.
prepare cases properly. In addition, courts People with disabilities do not receive ad-
often have inadequate libraries and are equate health care due to budgetary con-
not in possession of recently passed legis- straints. The law does not mandate the
lation. elimination of architectural barriers for peo-
The law on major constitutional provi- ple with disabilities.
sions forbids discrimination based on sex, Academic freedom is still limited. The law
race, ethnicity, disability, language, reli- establishes the right to a free education for
gion, or social status. Nevertheless, women at least eight years. In some cases, faculty
and minorities continue to be victims of members are fired for political reasons, and
discrimination. In Albania’s traditionally students may receive preferential treatment
male-dominated society, women regularly because of political connections.
experience domestic violence, particularly Workers have had the right to form trade
in the north, where old traditions are unions since 1990. The law prohibits
strong and women are considered chattel. strikes for political reasons. Actual condi-
Marital rape and sexual harassment are tions in the workplace are often very poor.
not considered crimes. Trafficking in The labor code does not provide specific
women and forced prostitution are a sig- protection for leaving a workplace due to
nificant phenomenon. Although women extremely hazardous conditions.
have access to higher education and can Citizens are free to move within the coun-
work in any field, they are not accorded try and travel abroad. Foreigners are grant-
10 The Human Rights Encyclopedia

ed refugee and asylum status. In 1998, Bibliography


more than 2,000 Kosovar Albanians were
Amnesty International. Amnesty International
provided refuge and support in cooperation
Report 2000. New York: Amnesty Interna-
with the United Nations High Commission-
tional Publications, 2000.
er for Refugees. Despite limited resources, Human Rights Watch. World Report 2000. New
in 1999, the Albanian government made ef- York: Human Rights Watch, 2000.
forts to accomodate the influx of more than U.S. Department of State. Albania Country Re-
450,000 ethnic Albanians who had been port on Human Rights Practices for 1998.
forcibly displaced by Serbian and Yugoslav Washington, DC: Bureau of Democracy,
forces from the neighboring province of Human Rights, and Labor, 1999.
Kosovo. Over the past several years, many ———. Background Notes: Albania. Washing-
Albanians have been emigrating to find bet- ton, DC: Bureau of European and Canadian
ter living conditions abroad. Affairs, 1998.
Vickers, Miranda. The Albanians: A Modern His-
James R. Lewis tory. New York: J.B. Tauris, 1995.
Algeria
and has been a Muslim state for more than
a thousand years. Algeria came under the
domination of the Ottoman Empire in the
sixteenth century. In spite of the Ottoman
Empire’s technical suzerainty, Algeria re-
mained under its own Arab rulers until the
nineteenth century. In 1830, France in-
vaded Algeria and began a period of con-
quest that was complete by 1870. The
French army kept Algeria in French hands,
and the French government dreamed of
turning Algeria into a province of France.
French and other European colonists began
settling in Algeria, taking the best land and
dominating the country’s economy.
In the 1950s, an Arab revolution led to a
bloody civil war between Arab guerrillas
and the French army, with both Arab and
French civilians suffering from bombings
and assassinations. In 1962, President
Algeria is located in North Africa by the Charles de Gaulle of France negotiated the
Mediterranean Sea. It is bordered by Mo- withdrawal of all French military forces.
rocco, Mauritania, Mali, Niger, and Tunisia. Almost all the French colonists left the
It has a population of approximately 32 mil- country that same year. Algeria then came
lion, most of whom are Arabs or Berbers. under the rule of the National Liberation
Arabic is the official language, but French Front (FLN), which had led the fight against
and Berber dialects are also spoken. Most the French. The FLN became the backbone
Algerians are Sunni Muslims. The capital of the military, which has dominated Al-
is Algiers. gerian politics ever since.
The Algerian economy is based on ener- The FLN’s first leader was Ahmed Ben
gy industries, including oil and gas, as well Bella. In 1965, a coup put Colonel Houari
as light industries and agriculture. Helped Boumédienne in power. Boumédienne ruled
by oil revenues, Algeria’s annual per capi- as dictator of Algeria until his death in
ta income is $4,600. 1978. Boumédienne was succeeded by
Colonel Chadli Bendjedid. Like Boumédi-
enne before him, Bendjedid was backed by
BACKGROUND
the FLN and the Algerian army.
Algeria was conquered by Muslim Arab in- In 1991, the FLN allowed the country to
vaders in the seventh and eighth centuries have its first truly free elections. The first

11
12 The Human Rights Encyclopedia

round of those elections resulted in a vic- large-scale massacres in Algerian villages.


tory for the Islamic Salvation Front (FIS), a Men, women, and children were slaughtered
conservative religious movement. Fearing in these attacks. In the town of Benthala,
the rise of Islamic fundamentalism, the for example, 400 people had their throats
army cancelled the second round of elec- slit in a massacre. In August and Septem-
tions and appointed a new president, Mo- ber 1997, more than 600 civilians were
hammed Boudiaf. Angered, Islamic killed in similar attacks. The government
militants responded by attacking promi- blamed the attacks on GIA extremists, but
nent military and political leaders. FIS as- the GIA denied responsibility. Some ob-
sassins were allegedly responsible for the servers believed that elements within the
killing of President Boudiaf later in 1992 military had staged the attacks in an at-
(although there was strong suspicion that tempt to paint the GIA as villainous and
army hard-liners may have ordered his thereby discredit them in the eyes of the
death because of his attempts to negotiate public. It was surprising to some observers
with the FIS). Assassins also targeted writ- that some of these attacks took place near
ers and journalists who were perceived as military bases, yet no army soldiers inter-
supporting the military regime—those writ- vened to stop them. Critics of the govern-
ers who were perceived as being too “West- ment argued that this was a sign that
ern” and “un-Islamic” were often the victims government forces had planned the attacks.
of assassination. The military responded The mass killings, however, outraged
with mass arrests and outlawed the FIS. many people on both sides of the conflict.
By the end of 1992, Algeria was in the In a sign that some Islamist groups were
midst of full-scale civil strife. eager for peace, the Islamic Salvation Army
The military arrested thousands of sus- (AIS), a group connected to the FIS, agreed
pected Islamic terrorists; many of those ar- to a voluntary cease-fire. The GIA and other
rested were never heard from again. They extremist groups did not join this cease-fire
disappeared without formal trials. The and fighting continued.
Armed Islamic Group (GIA), a radical orga- In April 1999, a moderate leader, Abde-
nization, responded with attacks, targeting laziz Bouteflika, won Algeria’s presidential
military outposts, army convoys, and pro- elections and tried to begin healing the rifts
government journalists. Civilians who were between the military-backed government
seen as too pro-government were also often and the Islamist parties. Bouteflika’s elec-
attacked. Some terrorist attacks were tion was flawed by corruption and accusa-
against women who dressed in Western tions of rigging, but it marked a real change
clothes; the fundamentalist GIA saw these in government attitudes. Bouteflika was
Westernized women as symbols of the anti- more open than his predecessors had been
Islamist Algerian government. about the suffering that Algeria had un-
Although elections were held in 1995 and dergone during its internal war, even going
1996, they were tightly controlled by the so far as to tacitly admit government in-
military and were neither free nor fair. As- volvement in some of the “disappearances.”
sassination and murder continued As a sign of his sincerity, Bouteflika also
throughout the mid- and late 1990s. In ordered some Algerians who had been ar-
1997 and 1998 there were a number of rested during the conflict released from
Algeria 13

Refugee from the fighting washing clothes, 1992.

prison. Responding to peace overtures by the GIA and the Salafist Group for Preach-
the AIS, Bouteflika put forward a “Civil Har- ing and Combat (GSPC), refused to accept
mony law,” which was ratified by a popular the amnesty. Attacks on civilians contin-
referendum in September 1997. In order to ued and, as of late 2000, about 200 people
put the past behind Algeria, the law decreed were still being killed every month. The total
an amnesty for Islamist guerrillas who sur- death toll in the post-1992 fighting exceeds
rendered within six months and who had 100,000. (President Bouteflika was the first
not committed murder or rape. Those guilty Algerian government leader to admit to the
of murder or rape would be granted re- catastrophic level of violence in Algeria; pre-
duced sentences. vious government statements had ac-
After the amnesty, the violence in Algeria knowledged only 26,000 deaths.)
was reduced but not eliminated. Unlike the Despite the continued violence, there was
more moderate AIS, two extremist groups, some hope as of late 2000 that Algeria was
14 The Human Rights Encyclopedia

moving slowly toward peace and improved Islamist guerillas are responsible for mass
human rights. Bouteflika’s amnesty and his human rights violations, including murder
willingness to accept criticism of the gov- and rape.
ernment marked a change from previous Mass killings of civilians continued in
administrations. Even with these improve- 1999 and 2000, but on a smaller scale than
ments, however, Algeria remained the most in 1997 and 1998. The numbers killed are
violent country in the Arab world. in the dozens per incident, rather than in
the hundreds. Nevertheless, hundreds are
believed to be killed every month. Many
HUMAN RIGHTS
civilian victims of guerrilla attacks have had
Algeria has a poor human rights record, al- their throats cut, and surprisingly, many
though recently it has been improving. of the attacks occur during the Muslim holy
The people’s ability to choose their own month of Ramadan. In one attack on No-
government freely is limited. The 1997 par- vember 21, 2000, the attackers invaded a
liamentary elections and the 1999 presi- house in the village of Haouch Saboun, 30
dential elections were both deeply flawed. miles west of Algiers. They killed the ten
Local and foreign observers accused the residents of the house, cutting their
military of interfering with the elections. throats, shooting them, and then mutilat-
During the presidential election campaign ing their bodies. The people killed were re-
six opposition parties withdrew their pres- lated to an Algerian police officer, and it was
idential candidates and boycotted the elec- assumed that the killers were members of
tion to protest campaigning irregularities. the GIA.
The government claimed a 60 percent Algerian military units are also often tar-
turnout for the election, but neutral ob- geted. On November 27, 2000, twenty-
servers believed that the turnout was far seven Algerian soldiers were ambushed,
lower. Although President Bouteflika was allegedly by the GCSP, between Blida and
victorious, it remains unclear whether the Medea, south of Algiers. An explosive de-
majority of Algerians truly wished him to vice was triggered as their truck drove
be their president. Nevertheless, despite the along, and then ambushers opened fire.
military’s dominance over the political The attackers escaped capture.
arena and the government, Algeria is not The murky nature of the Algerian war
an absolute dictatorship. Opposition par- makes it sometimes difficult to determine
ties are allowed to operate and remain very who is responsible for these killings. The
active. The Parliament seats eleven sepa- government blames Islamist extremist
rate parties, some of which are very critical guerrillas, and clearly many attacks are
of the government. carried out by Islamists, but suspicion re-
The military rulers of Algeria have been mains that government death squads may
responsible for numerous human rights be carrying out some killings in order to
abuses. The army, police, and security destabilize the country and hurt the repu-
forces all violate the rights of Algerian citi- tation of the Islamist parties. The fact the
zens in their ongoing war against Islamist some attacks have taken place very near
extremists. Pro-government militias have military installations suggests either mili-
also been responsible for civilian deaths. tary incompetence or collusion.
Algeria 15

In November 1999, Abdelkader Hachani, Torture is forbidden by the Algerian con-


a leader of the FIS, was assassinated while stitution but goes on nevertheless. In Oc-
undergoing dental surgery. He had previ- tober 1999, Mohamed Zouaghi, Hacene
ously claimed that government harassment Dimane, Abdelouahab Feroui, and Nassi-
was placing him in fear for his life. His fam- ma Fodail were allegedly arrested by the
ily suspected the involvement of govern- police and tortured for ten days—they re-
ment security forces. The government ported receiving electric shocks—and cig-
claimed that he had been killed by an Is- arette burns, and being forced to swallow
lamist militant. It remains unclear who was unpotable water and chemicals. Police
responsible for Hachani’s death. beatings of terrorist suspects are com-
Since 1992, there have been more than monplace. Islamist guerrillas have also
4,000 “disappearances” of people arrested been accused of kidnapping victims and
by government security forces. The govern- torturing them. Reportedly, young women
ment claims that most of these people were have been kidnapped by these groups and
Islamist terrorists or former terrorists who subjected to multiple rapes over a period of
have chosen to go into hiding. Many human weeks.
rights observers believe that army or police Prison conditions are poor, and medical
units have murdered those who have dis- care in prisons is minimal. The government
appeared. Some of the disappeared are be- occasionally allows international monitors
lieved to still be in the hands of security to visit prisons. There are believed to be
forces. Islamic guerrillas are also believed thousands of political prisoners in Algeria.
to be responsible for many kidnappings and The courts are supposed to be indepen-
disappearances. dent, but in practice both civilian and mil-
Bouteflika and the Algerian courts have itary courts are responsive to government
been criticized for their unwillingness to pur- pressures. Accused terrorists have a right
sue those guilty of causing disappearances. to a lawyer, but many lawyers are reluctant
Responding to these critics, Bouteflika said to offer their services for fear of government
in July 1999: “We must first try to establish reprisals. The operations of military courts
peace and security. . . . If we try to attack all are usually secret and almost certainly do
the problems at once we shall lose our way.” not adhere to international human rights
Arbitrary arrests are common in Algeria. standards.
Suspected terrorists or terrorist sympa- Amnesty laws passed by President
thizers are reportedly held for days or even Bouteflika’s government have had the re-
weeks. Some members of the opposition sult of protecting many alleged murderers
have been under house arrest for months. from prosecution. International human
The use of arbitrary arrests appeared to de- rights groups have opposed these amnesty
cline in 1999 and 2000. Nevertheless, an policies because they encourage impuni-
official “state of emergency” remained in ef- ty—the idea that politically sponsored mur-
fect, giving authorities broad powers to ar- der can take place without fear of
rest suspected terrorists and terrorist punishment. The amnesty laws have also
sympathizers. Many people have been ar- only been partially successful at reducing
rested merely for being associated with al- the levels of violence in Algeria because
leged terrorist groups. some of the Islamist groups resisting Boute-
16 The Human Rights Encyclopedia

flika’s government have refused to accept tice, government restrictions greatly limit
the amnesty. the right of assembly. Groups that wish to
The government does not protect the stage protests or political rallies must ob-
right to privacy of its citizens. Police and tain government permits before meeting.
army units often invade homes without The government often refuses to grant per-
warrants. Government security forces often mits to those groups it opposes, particu-
listen in on telephone conversations. The larly those sympathetic to the Islamist
government also often monitors the calls of movement. Police sometimes use clubs to
opposition leaders. Correspondence is also break up illegal gatherings. The police and
sometimes opened by security personnel. security forces often target gatherings by
The government does not protect freedom opposition political parties. During the April
of speech, but Algerians still have access 1999 elections, many civilians were injured
to multiple political points of view. Using by baton-wielding police, who broke up
the excuse of the ongoing war against Is- anti-government rallies.
lamist guerrillas, the government restricts Mothers and other family members of
the right of people to criticize their policies. the “disappeared” often gather and demon-
Government-controlled newspapers do not strate in Algeria’s major cities. These pro-
criticize the government. There are a num- testers demand that the government find
ber of independent newspapers in Algeria, out what has happened to their sons and
however, and these papers comment fairly daughters. While the protesters are usu-
freely on politics and the ongoing civil strife. ally allowed to demonstrate, Bouteflika
Although independent journalists can be has become increasingly impatient with
critical of the government, they practice their protests, arguing that Algerians must
self-censorship and avoid topics that might “turn the page” and forget the past. Occa-
lead to harassment from security forces. sionally these protests have been broken
Senior government and military officials are up by police, and some women have been
much less likely than low-ranking officials hurt.
and officers to be criticized. The govern- Freedom of religion is not protected in Al-
ment also practices official censorship, re- geria. Islam is the official and only legal re-
stricting the flow of information to both ligion in the country. The government,
government and independent newspapers. however, generally allows other religious
It is believed, for example, that the govern- groups to operate discreetly. There are
ment covers up some stories about mas- Catholic churches that accept worshippers
sacres in an attempt to calm public fears every Sunday in spite of government pro-
of terrorist attacks. hibitions. Government security forces have
Radio and television stations are con- made no effort to close down these church-
trolled by the government. Many middle- es. Individuals of other faiths often meet in
class Algerians, however, have satellite one another’s homes. The schools all teach
dishes and therefore access to European Islam as a fundamental part of the cur-
and other non-Algerian television stations. riculum. Private religious schools are not
The Algerian constitution protects the permitted. Proselytizing is illegal. The Min-
right to assemble and protest, but in prac- istry of Religion supervises the activities of
Algeria 17

all mosques and attempts to limit the ac- been abused by their husbands. There are
tivities of Islamic fundamentalists. some centers that help women who have
Unlike the government, the extremist Is- been raped. Along with the post-1992 fight-
lamist groups are openly hostile to other ing there has been an increase in the num-
religions. The GIA has declared that it in- ber of rapes suffered by women. Islamic
tends to cleanse Algeria of Christians, Jews, extremists are alleged to target young girls
and other non-Muslims. Muslim terrorists for kidnapping and rape.
often target groups and individuals that Although the law permits women to
they view as insufficiently religious or tra- enter the workforce, customary attitudes
ditional. greatly limit their chances of advance-
The government allows freedom of move- ment. Only 8 percent of the workforce is
ment but occasionally restricts this free- female. Discrimination in the workplace is
dom for reasons of security. Leaders of the common. Algerian law also favors men in
FIS are forbidden to travel abroad. Women divorce disputes. After a divorce, men usu-
under the age of nineteen may not travel ally gain possession of the home. Women
abroad without the permission of their fa- also receive less than men under inheri-
ther or husband. The armed conflict in Al- tance laws.
geria often interferes with freedom of In theory, the government is dedicated
movement. There have been numerous to protecting the rights of children, but in
cases of men in government uniforms set- practice, child abuse remains a serious
ting up roadblocks and checkpoints and problem. The ongoing civil strife has
then robbing or killing the people whom helped to break up families and has left
they stop. It is unclear whether these killers children more vulnerable to abuse. Sexu-
are Islamist guerrillas who have stolen mil- al abuse against children is also an ongo-
itary uniforms or military men acting on ing problem.
their own or under orders. The government is not sympathetic to the
The government allows workers to orga- rights of ethnic minorities. The govern-
nize and unionize. Most industrial workers ment’s policy of “Arabization” is devoted to
belong to trade unions. The government making Arabic the only language in Alge-
can restrict the right to strike in the name ria, displacing the Berber languages used
of national security, but strikes often do by some ethnic minorities. The Amazigh
occur and sometimes result in concessions ethnic minority has been particulalry re-
being granted by the government. Forced sistant to the government’s attempts to
labor and slave labor are forbidden, and the Arabize them.
government generally enforces this policy. The government allows local and foreign
Discrimination against women is illegal, human rights groups to operate. Local
but remains common. Spousal abuse is human rights groups suffer from occasional
also allegedly common. There are no laws harassment and surveillance. President
against spousal rape. Traditional attitudes Bouteflika has invited visits by Amnesty In-
prevent most women from seeking help ternational.
after being battered or raped. There are no
Ahmed Bouzid
adequate shelters for women who have
18 The Human Rights Encyclopedia

Bibliography Ruedy, John. Modern Algeria: The Origins and


Development of a Nation. Bloomington, IN: In-
Amnesty International. Amnesty International diana University Press, 1992.
Report 2000. New York: Amnesty Interna- U.S. Department of State. Algeria Country Re-
tional Publications, 2000. port on Human Rights Practices for 1998.
Human Rights Watch. World Report 2000. New Washington, DC: Bureau of Democracy,
York: Human Rights Watch, 2000. Human Rights, and Labor, 1999.
Burgat, François, and William Dowell. The Is-
lamic Movement in North Africa. Austin, TX:
Center for Middle Eastern Studies, 1993.
Angola
Protestantism (15 percent). Luanda is the
capital.

BACKGROUND
In 1951, Angola became an overseas province
of Portugal. Independence was achieved in
1975. Angola was proclaimed a single-party
government, ruled by the Popular Movement
for the Liberation of Angola. Civil war between
competing independence movements has
been the norm since. The wars became par-
ticularly fierce and destructive in the 1970s
and 1980s.
In May 1991, the Bicesse Accords were
signed between the government and the in-
surgent National Union for the Total Inde-
pendence of Angola (UNITA). One-party rule
ended and internationally monitored elec-
tions were called. However, the cease-fire
The Republic of Angola is located in south- lasted only until October 1992, when
western Africa. It is bounded on the west UNITA refused to accept electoral defeat
by the Atlantic Ocean; on the north and the and resumed civil war.
northeast by Democratic Republic of the In November 1994, the two sides signed
Congo; on the east by Zambia; and on the another peace accord, the Lusaka Protocol,
south by Namibia. Thirty-seven percent of which included the integration of UNITA
its population is composed of ethnic Ovim- into the Angolan armed forces and the gov-
bundu, whereas Kimbundu and Bakongo ernment. UNITA, however, failed to comply
constitute 25 percent and 13 percent, re- with its obligations under the protocol, and
spectively. Mixed European and native military tensions and banditry continued.
Africans represent 2 percent of the popu- In April 1997, a Government of National
lation. The remainder is constituted by Eu- Unity and Reconciliation was established
ropeans (1 percent) and other ethnic groups in an effort to achieve military integration
(22 percent). Portuguese is the official lan- with and rule over UNITA-occupied areas.
guage, although Bantu dialects and other However, the resolutions were not consid-
African languages are spoken throughout ered satisfactory by UNITA and negotiations
the country. The major professed religions were interrupted.
are indigenous traditions (47 percent), At the end of 1998, there was renewed
Roman Catholicism (38 percent), and fighting between UNITA and the govern-

19
20 The Human Rights Encyclopedia

tence agriculture provides the main re-


source for 85 percent of the population.
However, because of land mines, farmers
are fearful to work in their fields and as a
result much of Angola’s food must still be
imported. Civilians who live in UNITA-con-
trolled areas are subject to a form of eco-
nomic feudalism.

HUMAN RIGHTS
Both the government and UNITA are com-
mitting numerous human rights abuses.
Conflicts between the government and
UNITA forces have resulted in hundreds of
deaths and the displacement of thousands
of civilians. According to some reports, ex-
trajudicial executions and tortures have
been committed by government security
forces against UNITA members and sym-
pathizers, criminal suspects, and people
who disobeyed police orders. Government
opponents have disappeared and hundreds
of people have been arrested and detained
A young boy in army training. Many troops in Africa for political reasons. Many were beaten at
use underage soldiers. the time of the arrest. Amnesty Interna-
tional alleges that in November 1999, four
ment. By the summer of the following year, youths died from asphyxiation in police
the civil war was once again in full swing custody in Luanda after being severely
throughout Angola. UNITA managed to take beaten.
new territory, and stepped up its attacks Prison conditions are very poor; food,
in areas still held by the government. medications, and sanitation are not pro-
More than twenty years of continuous vided. Prisoners often die in custody. In ad-
warfare has inhibited the establishment of dition, prisoners are subjected to brutal
an economy based on market principles (or forms of interrogation. Young prisoners are
anything else). Despite the country’s abun- often abused by guards or inmates. The ju-
dance of natural resources, such as gold, dicial system is not independent from the
diamonds, oil, extensive forests, and arable government. The right to public trials as
land, the annual per capita income is one well as the right to a defense attorney or to
of the lowest in the world. The country’s an appeal are not enforced. Instead, long
wealth is concentrated in the hands of a detentions without trial are the norm.
few government officers; corruption and Army and police personnel, who are usu-
mismanagement are widespread both in the ally unpaid, are reportedly supporting
public and in the private sectors. Subsis- themselves by extorting civilians and rob-
Angola 21

bing them of their personal property and concerned, the government complies with
food. They have ravaged entire areas and the law and with the United Nations High
robbed displaced persons occupying UNITA Commissioner for Refugees.
sites. On the other hand, UNITA forces are No racial or ethnically based acts of dis-
also responsible for killings, tortures, dis- crimination have been reported in recent
appearances and other abuses in their ef- years. Instead, women have been suffering
fort to eliminate real or potential opposition. from discrimination in wages, job positions,
UNITA troops have kidnapped hundreds of inheritance, and participation in commer-
civilians, including children, and have cial activities. Violence, sexual abuse and
raped women. Suspected governmental homicide are perpetrated against women
supporters and traditional leaders have throughout the country. There are reports
been victims of brutal attacks. of women forced to work as porters for
It is reported that UNITA employs cruel UNITA forces and kept in servitude. Prosti-
measures to punish dissent and prevent tution, including child prostitution, is a
further disloyalty. Forced recruitment—in- problem as well.
cluding minors and women—is practiced. Children’s rights are given only margin-
UNITA is also believed to detain persons for al attention, despite children’s suffering
war-related reasons. It has established a from the ongoing conflict and the poor eco-
military and civilian court system with a nomic conditions of the country. A law
strict martial law code. against forced or bonded child labor is not
Both the government and UNITA limit free- enforced. Many young children work on
dom of speech, press and assembly. The ma- family farms as domestic servants; others,
jority of the media are run and controlled by who are orphans or abandoned, find em-
the state. Journalists are forced to censor in- ployment in urban areas.
formation regarding military incidents, in- Disabled people are not provided with the
ternal security or other sensitive matters. means to improve their physical, financial or
Activities of the foreign media are not re- social conditions. The government and
stricted but, in some cases, are very limited. UNITA do not completely cooperate with in-
UNITA allows media organizations to func- vestigations on human rights conditions by
tion only under surveillance of party officials. international organizations such as Human
There is academic freedom, although with- Rights Watch and Amnesty International.
in the constraints of the civil war. The consti-
James R. Lewis
tution grants freedom of religion, and protects
the separation of church and state. Never-
Bibliography
theless, the clergy is very cautious in criticiz-
ing either governmental or UNITA policies. Amnesty International. Amnesty International
Citizens cannot freely travel, or easily exit Report 1999. New York: Amnesty Interna-
or enter the country. Government check- tional Publications, 2000.
Human Rights Watch. World Report 2000. New
points limit citizens’ movements within the
York: Human Rights Watch, 2000.
country and serve as extortion locations. In
U.S. Department of State. Angola Country Re-
addition, UNITA prevents civilians from
port on Human Rights Practices for 1998.
going to areas under governmental control. Washington, DC: Bureau of Democracy,
The greatest impediments to internal move- Human Rights, and Labor, 1999.
ment are land mines which dot the roads. ———. Background Notes: Angola. Washington,
As far as refugee and asylum status are DC: Bureau of African Affairs, 1998.
Antigua and Barbuda
Other ethnic groups are British, Por-
tuguese, and Levantine Arabs. Anglicanism
is the official religion, with other Protestant
groups and Roman Catholicism as minor
denominations.
Tourism is the principal source of in-
come, along with agriculture based pri-
marily on fruit and vegetable production.
Cotton, rum, and lobsters are exported. The
United States provides an important source
of assistance in the development of coun-
ternarcotics and humanitarian civic con-
struction projects.
The British colonized the eastern
Caribbean islands in 1632. Antigua and
Barbuda became an important destination
for African slaves working on sugar planta-
tions. After emancipation in 1834, poor
labor conditions persisted until the Antigua
Trades and Labor Union was formed in
1939. Its president, Vere Corwall Bird, es-
Antigua andBaruda are located in the east- tablished the first majority party, the An-
ern Caribbean; its neighbors are Saint Kitts tigua Labor Party, during the 1946 elections
and Nevis to the west, and Guadeloupe to and began a long history of electoral victo-
the South. St. John’s is the capital. The ries which have lasted until the present.
constitutional monarchy of Antigua and Antigua and Barbuda achieved indepen-
Barbuda is a multiparty, parliamentary dence from Britain in November 1981.
democracy and a member of the Common- Since 1994, power has passed on to Lester
wealth of Nations. Queen Elizabeth II, the Bird, Vere Bird’s son. Baldwin Spencer of
British monarch and chief of state, ap- the United Progressive Party is the official
points a governor general who represents opposition representative.
the head of the state with largely ceremo- The government generally enforces and
nial powers. The cabinet and the prime respects political and civil rights. Antigua
minister (the leader of the majority party) and Barbuda have an independent judicia-
hold the executive power and are responsi- ry. The judicial system is historically tied
ble to the Parliament. to the United Kingdom. In case of death
The country’s population of more than sentences, the Privy Council of London is
64,000 is almost entirely of African origin. designated as the final court of appeal.

22
Antigua and Barbuda 23

Freedom of speech, press, and commu- mandating disabled accessibility. Legisla-


nication are respected, although the gov- tion regarding safety, health, and welfare
ernment has been accused of controlling of workers has yet to be implemented.
the media and restricting opposition access. Freedom of education, religion, assem-
In 1996, a non-governmental radio station bly, travel, emigration and repatriation are
sued the state, claiming that its constitu- respected. As of 1999, there were no re-
tional right to broadcast had been violated. quests for investigation by individuals or
In November 1998, a few attacks were per- international human rights organizations
petrated against opposition newspaper and regarding civil rights abuses or government
party headquarters. injustice.
No discrimination based on race, sex,
James R. Lewis
language, disability, or social status has
been reported, although the government Bibliography
does not visibly enforce antidiscrimination
provisions. Women are limited in terms of Human Rights Watch. World Report 2000. New
York: Human Rights Watch, 2000.
career advancement and job opportunities.
U.S. Department of State. Antigua and Barbu-
Violence against women constitutes a seri-
da Country Report on Human Rights Practices
ous social problem. Legislation regarding
for 1998. Washington, DC: Bureau of Democ-
domestic violence has not been enacted. racy, Human Rights, and Labor, 1999.
Child abuse is not firmly addressed by the ———. Background Notes: Antigua and Barbu-
government, although forced or bonded da. Washington, DC: Bureau of Inter-Amer-
child labor is illegal. There are no laws ican Affairs, 1998.
Argentina
construction, and energy (oil, gas, and hy-
droelectric power) comprise the basis of the
capital sectors following a reconstruction
period based on trade liberalization, priva-
tization, and public administrative reforms.
Unemployment, tax evasion, and a finan-
cial crisis represent the major current chal-
lenges that Argentina must solve in the
years to come.

HISTORY
Now a fully federal constitutional democra-
cy, Argentina experienced years of political
instability. Argentina achieved indepen-
dence from Spain in 1816. National unity
and a constitution were established in 1853.
Immigration from Europe and foreign in-
vestment helped Argentina become a mod-
ern nation. A coup d’état gave Argentina a
The Argentine Republic is the second- military government in 1943. One of the mil-
largest country in South America. It is itary coup’s leaders, Juan Domingo Peron,
bounded on the west and south by Chile; became president in 1946. He pursued eco-
on the north by Bolivia; and on the east by nomic and political policies aimed at bene-
Paraguay, Brazil, Uruguay, and the Atlantic fitting the working class. He was strongly
Ocean. Buenos Aires is the capital. Its pop- supported by his wife, Eva Duarte de Peron,
ulation of more than 36 million is composed known as Evita, whose efforts resulted in
mostly of Europeans of Spanish and Ital- women’s right to vote in 1947. In 1955,
ian descent. The indigenous population of Peron was forced into exile by the military.
approximately 700,000 is concentrated in During the 1960s and early 1970s, the mil-
the northern, northwestern, and southern itary government was unable to cope with
provinces. Argentina has the largest com- economic decline and increasing terrorism.
munity of Jews in Latin America. Spanish The crisis led to the return and reelection
is the official language. Roman Catholicism of Peron in October 1973.
is the dominant religious denomination. However, terrorism from both the right
The economy underwent substantial and the left kept escalating, and Peron was
growth in the 1990s after decades of de- forced to issue many emergency decrees.
cline and chronic inflation. Agriculture, in- People began to be detained in prison with-
dustry, manufacturing, mineral resources, out charges. His third wife, Maria Estela Is-

24
Argentina 25

abel Martinez de Peron, took over Juan Menem became president. He was reelected
Peron’s presidency after his death in July in 1995. Menem dramatically changed the
1974. A military coup deposed her in March economic situation by encouraging a free
1976. The following years were marked by a market and a pro-U.S. foreign policy. In Oc-
harsh military rule, which orchestrated tober 1999, Fernando de la Rua was elected
what is known as the “Dirty War.” Basic president in what were regarded as free elec-
human rights were violated in the effort to tions. He took office on December 10.
restore public order and fight terrorism. It is The human rights abuses of the former
estimated that between 10,000 and 15,000 military government continue to be the
people disappeared—murdered by govern- focus of national attention and debate. In
ment forces—between 1976 and 1983. 1999, for example, leaders of the 1976–1983
A difficult internal situation, character- junta were arrested on charges of taking ba-
ized by a serious economic crisis, corrup- bies born to dissidents in detention and of-
tion, public unrest, and Argentina’s defeat fering them to supporters for adoption.
in the Falklands War, forced new democra- The newly revised constitution of 1994
tic elections in October 1983. Raul Alfonsin, established a separation of powers at the
the new president, tried to solve the most national and provincial level. Argentina has
urgent problems by diminishing the power a bicameral system, in which the president
of the military and consolidating democra- is directly elected, but cannot succeed him-
tic institutions. In 1989, Carlos Saul self more than once. During the duration

Military rebels surrendering to government forces after a failed coup, December 1990.
26 The Human Rights Encyclopedia

of his mandate, the president holds con- of the illegal adoptions of hundreds of chil-
siderable powers. The president is the com- dren born in secret detention centers dur-
mander-in-chief of the armed forces as ing the Dirty War. Argentine authorities are
prescribed by the constitution and super- not fully cooperating with Spanish court pro-
vised by the minister of defense. The ad- ceedings investigating past human rights
ministration of law and order is overseen violations. The Spanish court, among the
by several agencies: the Argentine Federal charges against 110 current or former mili-
Police, the Border Police, and the Coast tary or police officers, prosecuted the case
Guard. All are monitored by the minister of of former naval officer Adolfo Scilingo, who
the interior. Provincial police are under the participated in throwing naked dissidents
control of local governors. into the ocean from airplanes during the
Dirty War.
The Inter-American Court of Human
HUMAN RIGHTS
Rights has urged Argentina to try those
At present, Argentina does a reasonably found responsible and anyone who partic-
good job of respecting the rights of its citi- ipated in the disappearances. In March
zens. However, allegations of human rights 1998, the National Congress abolished the
abuses are still reported. Police officers, in Full Stop and Due Obedience Laws that
particular, are accused of committing extra- granted immunity to members of the army
judicial executions, killings, torture, viola- involved in human rights abuses during the
tion of privacy, and the detaining or period of military rule between 1976 and
arresting people without charges. In some 1983. However, the repeal of these laws was
cases, the officers involved have been not interpreted as being retroactive.
brought to justice, but many complaints The constitution grants freedom of
have not been filed for fear of reprisal. Ac- speech, press, and other forms of commu-
cording to Service for Peace and Justice, a nication. However, there are reports of jour-
non-governmental organization for human nalists receiving anonymous threats of
rights, in 1998, street children and minors violence and of being victims of harassment
were arbitrarily detained and beaten by the or violence. In January 1998, former navy
police in Buenos Aires. The Association officer Alfredo Astiz was arrested after a
Against Police and Institutional Repression Buenos Aires magazine published his state-
has recorded more than eighty cases of ar- ment regarding his participation in activi-
bitrary killings by police 1989. ties at the Navy Mechanics School (ESMA)
Prison conditions are very poor in terms during the military rule. The ESMA was re-
of infrastructure, sanitary status, and food sponsible for the detention, murder, and
supply. They are also overcrowded. The law disappearance of people considered ene-
allows pretrial detention of up to two years. mies of the military government.
It is reported that in federal prisons, 75 per- The government respects the right to
cent of the prisoners are being held in pre- peaceful assembly and association, al-
trial detention. The judiciary is often though on some occasions police have re-
inefficient, corrupt, and subject to political portedly broken up demonstrations in
influence. several provinces. The law prohibits and
Human rights organizations have urged punishes discrimination based on sex, race,
the judiciary to conclude the investigations religion, ideology, political opinion, lan-
Argentina 27

guage, disability, or social status. However, Jewish cemeteries in 1997. The 1992
women in Argentina do not have the same bombing of the Israeli Embassy in Buenos
status and power as men and are some- Aires, and the 1994 bombing of the city’s
times subject to violence, rape, and ha- Jewish community center are still under
rassment. In 1992, the National Council for investigation.
Women was created to implement programs Domestic and international human
to cope with the problem in cooperation rights organizations are free to operate in
with the United Nations Children’s Fund the country and report their findings. How-
(UNICEF). Women are often not aware of ever, Amnesty International reports that as
their rights. Although recognized by the recently as 1999 human rights defenders
law, marital rape is difficult to prove. The were attacked or threatened with death.
National Council for Women also promotes Particularly targeted were organizations
equal opportunity for women in education, such as Grandmothers of the Plaza de Mayo
employment and politics. Women are paid and Mothers Association of Plaza de Mayo,
less than men for equal jobs and occupy a both of which dealt with the issue of “dis-
large proportion of positions in the illegal appeared” children.
labor market.
James R. Lewis
Non-governmental and church sources
report that child abuse and prostitution
constitute an increasing social problem. Bibliography
Although compulsory up to the age of fif-
Amnesty International. Amnesty International
teen, education is inadequate in most rural
Report 2000. London: Amnesty International
areas. UNICEF estimates that over 200,000
Publications, 2000.
children under age fifteen are working. Ac- U.S. Department of State. Argentina Country
ceptable work conditions are not always Report on Human Rights Practices for 1998.
enforced by the law, especially in the in- Washington, DC: Bureau of Democracy,
formal sector. Human Rights, and Labor, 1999.
Episodes of anti-Semitism have been re- ———. Background Notes: Argentina. Washing-
ported. According to press reports, police ton, DC: Bureau of Inter-American Affairs,
officers were responsible for attacks on two 1999.
Armenia
history it was a province in the Russian Em-
pire. After the Russian Revolution, it became
part of the Soviet Union. In 1922, Armenia
became part of the Trans-Caucasian Soviet
Socialist Republic, and in 1936, the Armen-
ian Soviet Socialist Republic was formed.
In September 1991, in the wake of the
fall of the Soviet Union and the end of the
cold war, Armenia achieved its indepen-
dence as a republic. Levon Ter-Petrossian
was elected as president. Ever since, the
Armenian National Movement has domi-
nated the government and made efforts to
establish a Western-style democracy. The
new constitution was approved in 1995,
providing for the direct election of the pres-
ident, a unicameral Parliament and the
separation of the executive, the legislature,
and the judiciary. The prime minister—the
head of the cabinet—is appointed by the
The Republic of Armenia is located in West president, but can be removed by the Par-
Asia. It is bounded on the east by Azerbaijan; liament. Both the government and the Par-
on the north by Georgia; on the west by liament can propose legislation. The
Turkey; and on the south by Iran. Yerevan is current president, Robert Kocharian, was
the capital. Its population of approximately elected in March 1998, after Ter-Petross-
3.7 million is composed of Armenians (96 ian was forced to resign following the reve-
percent), Kurds (2 percent), and Russian, lation of irregularities connected with his
Greek, and other ethnic groups (2 percent). reelection in 1996. There were also elec-
The Armenian Apostolic Church (Armenian toral irregularities associated with local
Orthodox) represents the major religious de- elections. Because the judiciary is not fully
nomination, with more than 90 percent of independent of the executive, it does not
the population being nominally affiliated. enforce constitutional provisions.
The official language is Armenian. On October 27, 1999, five terrorists en-
tered the National Assembly and opened
fire, killing seven members of Parliament,
BACKGROUND
including the speaker and the prime min-
Armenia has a long history of foreign domi- ster. The prosecutor in charge of the case
nation by Persians, Byzantines, Arabs, Mon- has been accused of using physical abuse
gols, and Turks. For most of its modern and other forms of coercion to extract con-

28
Armenia 29

fessions and evidence. Concern for the implement several economic programs
rights of individuals questioned and de- aimed at developing privatization, full price
tained in connection with this case has liberalization, and a free market. Most of the
been expressed. state lands have been redistributed and pri-
Armenia’s economy is still struggling to vatized. Agriculture represents the strongest
make the transition from a centralized economic sector; industry’s recovery, how-
model to a free-market approach. In 1988, ever, has been slow. Unemployment and un-
the country was devastated by a strong deremployment affect about half of the
earthquake that killed 25,000 people and population.
left 500,000 without homes. The effects of International assistance currently plays
this catastrophe are still being felt. Addi- a major role in the development of the
tionally, the escalating conflict with Azer- country’s economy and politics. Armenia is
baijan—which began over the disputed a member of the Commonwealth of Inde-
territory of Nagorno-Kabarakh in 1988—has pendent States, the Organization for Secu-
led to an economic embargo by Azerbaijan rity and Cooperation in Europe, NATO’s
and Turkey, especially in the area of ener- Partnership for Peace, the North Atlantic
gy supplies from which Armenians are still Cooperation Council, the International
trying to recover. Since the cease-fire of Monetary Fund, and the International Bank
1994, however, Armenia has been able to for Reconstruction and Development.

An abandoned gas station. An economic embargo by its neighbors left Armenia short of fuel.
30 The Human Rights Encyclopedia

HUMAN RIGHTS ernment, and the Ministry of Education


controls the choice of textbooks and course
Although human rights are broadly protect- materials.
ed by the constitution, certain abuses con- The government generally respects the
tinue to be reported. The Human Rights right of peaceful assembly and association,
Committee under the International Covenant but with troublesome registration require-
on Civil and Political Rights urged the estab- ments. All parties and associations are sub-
lishment of a special body to investigate ject to registration requirements. Human
allegations of torture, ill-treatment, and ar- rights and non-governmental groups have
bitrary arrests and detentions, as well as been denied registration by the minister of
searches without warrants. In some cases, justice.
abuses have resulted in prisoners’ deaths The constitution prohibits discrimination
due to poor prison conditions and inadequate on the basis of race, sex, disability, religion,
medical treatment. The military is also re- language, or social status. However, dis-
sponsible for serious mistreatment of con- crimination against ethnic minorities con-
scripts. In February 1998, Private Mkrtich tinues. After the conflict between Armenia
Ohanian committed suicide after killing six and Azerbaijan over the territory of Nagorno-
comrades; his actions were alleged to have Karabakh, ethnic minorities on both sides
been in response to continuous abuse and suffered from discrimination and harass-
violence that he had suffered. ment aimed at expelling them from their re-
The 1999 new criminal code abolished the spective countries.
death penalty and no executions were per- Amnesty International has called for the
formed that year, although by the end of decriminalization of consensual homosex-
1999 thirty-one men were still on death row. ual relations between adult males, and the
The new code became effective in January release of the prisoners still serving time
1999. Amnesty International reports that in for this reason. Laws addressing domestic
1999 at least six prisoners of conscience violence, rape, and spousal abuse do not
were detained for refusing to perform com- specifically protect women. In general,
pulsory military service. Conscientious ob- women are not given the same opportuni-
jectors are often conscripted by the armed ties as men in career-related jobs, and are
forces, and there have been reprisals significantly underrepresented in public af-
against their families. In September 1998, fairs. The disabled are overly subject to so-
Jehovah’s Witness Karen Voskanian was cietal discrimination, and health care
sentenced to three years in prison after hav- facilities do not meet international criteria.
ing refused to perform military service for The law places some limits on religious
religious reasons. Other Jehovah’s Wit- freedom. The Armenian Apostolic Church
nesses are in prison for the same reason. is granted special status, whereas all other
The constitution grants freedom of religions are prohibited from proselytizing
speech and press, although some limits are and must register with the State Council
applied. The government controls a few on Religious Affairs. Jehovah’s Witnesses
television channels, and newspapers are are denied registration, and by law cannot
not completely free from political pressure. publish newspapers or operate television
Academic freedom is limited by the gov- or radio programs, rent meeting places, or
Armenia 31

sponsor visas for visitors. the trials in 1996 and 1997 were released.
The government also partially restricts Human rights abuses continue in Armenia,
freedom of movement by denying passports but observers from Amnesty International
to citizens possessing state secrets, having believe that conditions are improving.
financial claims, or having military duties.
James R. Lewis
There are no specific laws regarding
refugees and asylum seekers.
Non-governmental and human rights or- Bibliography
ganizations are free to operate and publish
Amnesty International. Amnesty International
their findings about human rights viola-
Report 2000. London: Amnesty International
tions in the country. In April 1998, Presi-
Publications, 2000.
dent Kocharian appointed a former prisoner U.S. Department of State. Armenia Country Re-
of conscience as head of a new human port on Human Rights Practices for 1998.
rights commission. As a result, all mem- Washington, DC: Bureau of Democracy,
bers of the Armenian Revolutionary Feder- Human Rights, and Labor, 1999.
ation convicted for political reasons during ———. Background Notes: Armenia. Washing-
Australia
tem of federal and state courts. The country
has a highly developed economy. Racially,
Australia is 92 percent Caucasian, 7 per-
cent Asian, and 1 percent Aboriginal and
other. Religiously, the country is 26 percent
Anglican, 26 percent Roman Catholic, 24
percent other Christian, and 11 percent
non-Christian. Australia’s constitution for-
bids the adoption of an official state religion.
English is the official language.

HUMAN RIGHTS
Although there is no bill of rights as such,
the Australian High Court has ruled that
freedom of political discourse is implied in
the constitution. Australians enjoy all of
the rights normally associated with a func-
tioning democratic system. The govern-
ment respects human rights in most areas.
Australia is located to the southeast of Asia, One problem area has been in the treat-
between the Indian and Pacific Oceans. It is ment of indigenous people, who have
both the smallest continent and the sixth charged that harassment is pervasive and
largest country in the world, with a total that racism is rampant among police and
land area slightly smaller than that of the prison officials. Amnesty International has
United States. The climate is mostly arid to reported a number of incidents involving
semiarid; temperate in the south and east; such abuses. Prisons meet minimum in-
tropical in the north. The land is generally ternational standards and visits by human
low plateau with deserts. There is a fertile rights monitors are permitted, though
plain in the southeast. Its population of al- treatment of prisoners has been an area of
most 19 million is concentrated along the concern in recent years. Another area of
eastern and southeastern coasts. concern has been the treatment of immi-
Originally a British colony, Australia be- grants.
came a British commonwealth nation in A wide variety of human rights groups
1901. It is a parliamentary democracy with operate without government restriction
a federal system of government. There is (and in some instances with government
also a well-developed and independent sys- funding), investigating and publishing their

32
Australia 33

findings on human rights cases. The law and bonded labor by children, is not prac-
prohibits discrimination based on race, sex, ticed. While there is no federally mandated
religion, disability, language, or social sta- minimum age of employment, compulsory
tus, and the government and an indepen- educational requirements, monitored and
dent judiciary generally enforce these enforced by state educational authorities,
prohibitions. effectively prevent most children from join-
Some observers have estimated that do- ing the workforce until they are at least fif-
mestic violence is widespread. Spousal teen or sixteen years of age. Federal and
abuse is particularly prevalent in some state governments monitor and enforce a
Aboriginal communities. Government sta- network of laws, which vary from state to
tisticians assert that, because of under re- state, governing minimum school-leaving
porting and other factors, it is not possible age, minimum age to claim unemployment
to develop an accurate picture of domestic benefits, and minimum age to engage in
violence. Nevertheless, the Australian gov- specified occupations.
ernment recognizes that domestic violence Approximately 32 percent of the work-
and discrimination based on sex are seri- force is unionized. Unions carry out their
ous national problems. functions free from government or political
Women are equal under the law, and the control. The Workplace Relations Act, which
law mandates equal pay for equal work. went into effect in 1997, restricts the right
Compliance with these laws are monitored to strike to the period when a new wages
by private and public women’s rights orga- and working conditions contract is being
nizations at all levels of government. A fed- negotiated. Legislation that went into force
eral-level Office of the Status of Women in 1994 for the first time legalized what had
monitors women’s rights. The federal Sex always been a de facto right to strike. Ret-
Discrimination Commissioner receives ribution against strikers and labor leaders
complaints and attempts to resolve those is illegal.
judged valid. A 1994 UN report estimated Although a formal minimum wage exists,
that women are paid 90 percent of the it has not been relevant in wage agreements
wages men receive for similar work (which since the 1960s. Instead, 80 percent of
is a better percentage than for women in workers are covered by differing minimum
the United States). wage rates for individual trades and pro-
Australia’s commitment to the rights and fessions, all of which are sufficient to pro-
welfare of children is reflected in its well- vide a decent standard of living for a worker
funded systems of public education, day and family. Most workers are employees of
care, and medical care. The government incorporated organizations. For them, a
strictly prohibits trade in child pornogra- complex body of government regulations,
phy and prosecutes pedophiles. The coun- and decisions of applicable federal or state
try’s six states and two territories are industrial relations commissions, prescribe
responsible for protecting children from a forty-hour or shorter workweek, paid va-
abuse and for investigating child neglect cations, sick leave, and other benefits, in-
and abuse. cluding at least one twenty-four-hour rest
Although there are no laws formally pro- period per week. Federal or state safety
hibiting it, forced labor, including forced laws apply to every workplace.
34 The Human Rights Encyclopedia

Discrimination against the disabled in Indigenous groups assert that the Aus-
employment, education, or other state ser- tralian government’s non-responsiveness
vices is unlawful. A Disability Discrimina- to a series of recommendations by the 1991
tion Commissioner exists for the purpose Royal Commission into Aboriginal Deaths
of monitoring compliance with the law, for in Custody has contributed to these dis-
enforcing state laws requiring equal access, turbing statistics. Human rights observers
and for otherwise protecting the rights of point out that poverty and lack of socio-
the disabled. On the other hand, no feder- economic opportunities create the condi-
al legislation exists requiring accessibility tions (e.g., homelessness, unemployment,
for disabled people. Furthermore, it is legal and boredom) that promote crime among
to deny employment to those with disabil- indigenous peoples. Indigenous groups also
ities if it can be demonstrated that there charge that police harassment of indige-
are reasonable grounds for believing that nous people, including juveniles, is perva-
the disabled would be unable to carry out sive. A disturbing pattern of mistreatment
their assigned work. and arbitrary arrests takes place against a
backdrop of systematic discrimination.
Official statistics have confirmed the
ABORIGINAL PEOPLES
common perception among indigenous peo-
Australia’s 1975 Racial Discrimination Act ple that police systematically mistreat
forbids discrimination on grounds of race, them. The average life expectancy of Abo-
color, descent, or national or ethnic origin. riginals is twenty years shorter than that
The Ministry for Aboriginal Affairs, in asso- of other Australians, and the infant mor-
ciation with the Aboriginal and Torres Straits tality rate of indigenous children is three
Islander Commission (ATSIC), is the princi- times greater. Also, the maternal mortality
pal agency responsible for initiating and rate for indigenous women is five times that
monitoring government efforts to improve of non-indigenous. The incidence of such
the quality of life for indigenous people. The diseases as tuberculosis, leprosy, and he-
federal government spent approximately patitis is ten times greater among Aborigi-
$1.13 billion in 1997 on health, welfare, ed- nal people than among non-Aboriginal
ucation, and development programs for in- people. Statistics in other areas, such as
digenous people. education and employment, are similarly
Despite these efforts, indigenous people disproportionate.
experience inferior access to medical and ed- Government programs, including a $750
ucational institutions, have a measurably million indigenous land fund and a “Fed-
shorter life expectancy, and have significantly eral Social Justice Package,” have at-
higher rates of unemployment. Many more tempted to address this situation. In July
Aboriginals than other Australians are ar- 1998, after a compromise with its oppo-
rested and imprisoned. The rate of impris- nents, the government was able to pass
onment among indigenous people is amendments to the 1993 Native Title Act.
twenty-one times that of non-indigenous peo- Aboriginal leaders were pleased by the re-
ple. More than 45 percent of Aboriginal males moval of the time limit for lodging native
between the ages of twenty-one and thirty title claims but expressed concern about
have been arrested at some time in their lives. the weakening of Aboriginal rights to nego-
Australia 35

tiate with non-Aboriginal leaseholders over sures. The government forcibly repatriates
the development of rural property. Aborig- individuals who it has determined do not
inal groups have continued to express con- have a valid claim to refugee status in ac-
cern that the amended act limits the future cordance with relevant United Nations con-
ability of Aboriginal people to fully protect vention definitions. Human rights and
their property rights. As of 1988–1989, 15 refugee advocacy groups maintain that the
percent of Australian land is owned or con- government’s refugee and asylum adjudi-
trolled by Aboriginal people. cation process is applied inconsistently.
The current administration has opposed Under the Migration Reform Act of 1994,
issuing an apology to the “Stolen Genera- asylum seekers who arrive at the border
tion” of Aboriginal children, who were taken without prior authorization to enter the
from their parents by the government be- country are automatically detained, but may
tween 1910 and the early 1970s to be be released from detention if they meet cer-
raised by foster parents and orphanages. tain criteria—including age, ill health, and
The prime minister has asserted that the experiences of torture or other trauma. The
present generation is not responsible and majority of asylum seekers are detained for
therefore not obligated to apologize for the the duration of the often-prolonged asylum
wrongs of an earlier generation. process. The detention policy has led to ex-
tensive litigation initiated by human rights
and refugee advocacy groups, which charge
IMMIGRANTS AND REFUGEES
that the sometimes lengthy detentions vio-
Public opinion surveys indicate growing late the human rights of the asylum seek-
prejudice against Asian immigrants. Lead- ers. The United Nations Human Rights
ers in the ethnic and immigrant communi- Commission (UNHRC) stated in April 1997
ties have recently expressed concern that that Australia had violated the rights of a
the nativist One Nation Party had con- boat person by detaining him for more than
tributed to the increasing sense of isolation four years while his applications to remain
and atmosphere of vilification of immi- in the country were being considered. The
grants and minorities. However, according UNHRC stated that his detention was arbi-
to the federally funded but independent trary and in violation of the International
Human Rights and Equal Opportunity Covenant on Civil and Political Rights. In
Commission, during the fiscal year ending an April report to Parliament, the Human
June 30, 1998, the number of racial dis- Rights and Equal Opportunity Commission
crimination complaints fell 37 percent from also condemned the government’s treatment
the previous year. of asylum seekers as breaching interna-
Australia has cooperated with the Unit- tional treaty obligations.
ed Nations High Commissioner for Refugees In 1997–1998, Australia accepted 67,100
and other humanitarian organizations in immigrants, with 12,020 admitted under a
assisting refugees. In the case of undocu- humanitarian program, which accepts
mented migrants and asylum seekers, the refugees and those in refugee-like situa-
government either grants a protection visa tions in urgent need of resettlement. This
with full residence and employment rights, figure included 1,553 persons already in
or refuses it, with no intermediate mea- the country who were granted refugee sta-
36 The Human Rights Encyclopedia

tus. Human rights advocates continued to Central Intelligence Agency. The World Factbook
criticize Australia for holding thousands of 1999. Washington, DC: Office of Public Af-
asylum seekers in detention (many of them fairs, 1999.
from Kosovo and East Timor), without re- Human Rights Watch. World Report 2000. New
solving their cases quickly. Many of those York: Human Rights Watch, 2000.
U.S. Department of State. Australia Country Re-
held in detention were young children.
port on Human Rights Practices for 1998.
Victor Perton Washington, DC: Bureau of Democracy,
Human Rights, and Labor, 1999.
Bibliography
———. Background Notes: Australia. Washing-
Amnesty International. Amnesty International ton, DC: Bureau of Public Affairs, 1998.
Report 2000. New York: Amnesty Interna-
tional Publications, 2000.
Austria
of World War II, Austrian politics have been
characterized by stability. The constitution
grants citizens the right to change the gov-
ernment peacefully through universal suf-
frage. Austria has been a member of the
European Union since January 1995. A
well-developed market characterizes its
economy and the standard of living is high.
Human rights are generally respected.
However, hundreds of complaints are filed
each year against police officials for viola-
tions of citizens’ rights in the form of
intimidation, use of excessive physical
force, and mistreatment. Occasionally, the
perpetrators are racially motivated. In
1998, four police officials were prosecuted
for committing such abuses. Freedom of
speech is granted by the constitution, al-
though a number of allegations regarding
brutal police conduct have been reported.
Freedom of assembly and association
The Republic of Austria, located in central may be denied organizations such as neo-
Europe, is a constitutional democracy with Nazis or religious sects considered poten-
a bicameral federal parliament and an in- tially harmful to the society. Otherwise, the
dependent judiciary. Vienna is the capital. government respects the freedom of religion
Its homogeneous population of more than under the 1874 “Law of Recognition.” Since
8 million inhabintants consists primarily of January 1998, a new law provides regis-
native German speakers. Ethnic minorities tration policies for unrecognized religious
include Croats and Slovenes. The major re- groups to establish their official status as
ligious denomination is Roman Catholicism. confessional communities. It also provides
Once the center of the Hapsburg Empire, additional criteria for recognition. Religious
Austria’s present boundaries were estab- law experts have questioned the constitu-
lished by the Treaty of Saint-Germain in tionality of this law.
1919. In 1938, Austria was incorporated Austria cooperates with the United Na-
into Hitler’s German Reich; it was liberat- tions Convention Relating to the Status of
ed by the Allies in 1945. In 1955, under the Refugees, but its subscription to the “safe
Austrian State Treaty, Austria became a country” concept has been criticized. This
free and independent state. Since the end policy requires asylum seekers to depart

37
38 The Human Rights Encyclopedia

the country if they have entered illegally. A prostitution is a problem that the police
few improvements to the rule were made find difficult to control.
since 1997. Since 1991, thousands of Women are underrepresented in civil ser-
Bosnian refugees were granted temporary vice. By law, women are not allowed to work
protected status and a large number were at night. Since April 1998, women have
integrated in the Austrian labor market. In been allowed to serve in the military. The
1998, applications for asylum increased law does not grant guaranteed access to
dramatically following the Kosovo conflict. buildings to the disabled. Mentally retard-
The Interior Ministry proposed a change in ed women can be sterilized without their
European asylum policy that was highly consent. Another social problem is anti-Se-
criticized as an attempt to deny the legal mitic and other anti-foreign incidents com-
right to asylum. Austrians counter with ar- mitted by right-wing extremists. In 1997,
guments pointing out that Austria has 280 incidents of this kind were reported.
taken in many more asylum seekers than
James R. Lewis
most other European countries.
The constitution prohibits discrimination Bibliography
based on race, sex, religion, disability, lan-
Central Intelligence Agency. The World Factbook
guage, or social status, and the government
1999. Washington, DC: Office of Public Af-
enforces these provisions. Violence against
fairs, 1999.
women is a serious social problem, though U.S. Department of State. Austria Country Re-
the great majority of such abuses are not port on Human Rights Practices for 1998.
being officially reported. In 1997, new leg- Washington, DC: Bureau of Democracy,
islation was approved and implemented to Human Rights, and Labor, 1999.
better protect women against domestic vi- ———. Background Notes: Austria. Washington,
olence. In addition, trafficking in women DC: Bureau of Canadian and European Af-
from Eastern Europe for the purpose of fairs, 1998.
Azerbaijan
BACKGROUND
Azerbaijan was under the Soviet rule from
1922 to 1991, when it achieved indepen-
dence and joined the Commonwealth of In-
dependent States. In 1992, it became a
member of the United Nations.
Since 1988, Azerbaijan and Armenia have
been fighting over the territory of Nagorno-
Karabakh. Despite a cease-fire in 1994,
violations by both sides continue and nego-
tiations are still in progress. Armenian
forces occupy 20 percent of Azerbaijan’s ter-
ritory. Thousands of people are refugees or
internally displaced due to the conflict. On-
going military operations along the border
have caused injuries and deaths to mem-
bers of the armed forces and to civilians.
Azerbaijan’s economy embodies all of the
characteristics of a former Soviet republic
The Republic of Azerbaijan is located in making the transition from a centralized to
southwestern Asia. It is bounded on the a free-market economy. The major eco-
south by Iran, on the east by the Caspian nomic products are oil, cotton, and gas. Pri-
Sea, on the west by Armenia and Georgia, vatization of industry is progressing slowly,
and on the north by Russia. The Azeri rep- and most large enterprises are still under
resent the majority of the population, which governmental control. Commercial agricul-
is over 7.8 million. Dagestanis, Russians, ture is weak. It is estimated that 60 per-
and Armenians are the other ethnic mi- cent of the population is poor. Government
norities. Islam is the official religion. work is the only source of economic oppor-
The current constitution was approved tunity for the average citizen.
by a referendum in 1995. The government In October 1998, irregularities and viola-
consists of a multiparty parliament and fea- tions of the election law characterized the
tures the separation of powers between the reelection of former President Heydar Aliyev.
executive, the legislature, and the judicia- As a consequence, opposition parties are un-
ry. The president is elected by popular vote derrepresented in the Parliament. The exec-
and appoints the prime ministers and the utive exerts influence on both the legislative
members of the cabinet, who are confirmed and the judicial powers. Most governmental
by the unicameral National Assembly. bureaucracies are laced with corruption.

39
40 The Human Rights Encyclopedia

HUMAN RIGHTS register and are often denied the ability to


freely operate. There have been reports of
Human rights in Azerbaijan are constantly individuals being fired from their jobs be-
being violated. Police arbitrarily arrest or cause of their political beliefs.
detain people, beat persons in custody, and The constitution forbids discrimination
conduct searches without warrants. In a based on race, sex, religion, disability, lan-
handful of cases, the government has taken guage, political opinion, and social status.
action against perpetrators. Prison condi- However, violations committed against cer-
tions are very poor and medical treatment is tain ethnic minorities are a major social
often denied to prisoners. Visits by family problem. In particular, following the
members are subject to strict limitations. Nagorno-Karabakh conflict, Armenians
The judiciary is inefficient, trials are lengthy, have complained of discrimination in em-
and prisoners’ rights are not protected. ployment, school, and governmental affairs.
The government arrests and detains Amnesty International reports that Ar-
members of opposing parties for political menian civilians were detained solely for
reasons. Non-governmental sources allege ethnic reasons. There are no laws protect-
that in 1998, authorities were holding sev- ing women from spousal rape or abuse, and
enty-five political prisoners. Freedom of restrictions are applied toward women in
speech and press are not fully respected. economic life.
Although Azerbaijan officially abolished Children’s education and health care is
censorship in August 1998, journalists limited by the difficult economic situation of
often exercise self-censorship due to po- the country. There are a large number of
litical pressure. The government has a mo- children who live in refugee camps under
nopoly on publishing facilities. It controls precarious conditions. Children are often
official radio and television stations as found begging on the streets of the capital,
well. Registration and licenses for inde- Baku, and other towns. The law does not
pendent newspapers and broadcasts are specifically prohibit forced labor by chil-
often denied or are kept pending for long dren. The government also does not fulfill
periods. There are reports of journalists its provisions regarding the rights for the
being attacked by police or other govern- disabled. Accessibility to buildings for the
ment officials. disabled is not guaranteed by the law.
Although granted by the constitution, The constitution grants freedom of reli-
freedom of assembly and association are gion. However, the Ministry of Justice re-
restricted due to governmental interests. quires that religious congregations register.
The government prevents opposition par- Muslims are subject to the Spiritual Direc-
ties from conducting indoor or outdoor torate of Caucasus Muslims. Armenian
meetings. In September and November churches were closed following the
1998, more than 100 persons were briefly Nagorno-Karabakh conflict.
detained for peacefully participating in op- Citizens can travel freely both within and
position demonstrations. The parliament outside the country, although the govern-
passed a law giving authorities power to ment applies some limitations to members
regulate and ban demonstrations when of opposition parties. In some cases, Ar-
necessary. In addition, political parties and menians have been harassed for trying to
other private organizations are required to emigrate or to obtain passports. The gov-
Azerbaijan 41

ernment has not provided assistance to ment to promote and defend human rights
hundreds of thousands of Azerbaijanis who according to the protocols of the Interna-
were expelled from Armenian-occupied ter- tional Covenant on Civil and Political
ritories. They are not allowed to return to Rights. Amnesty International reported that
their homes, and they are forced to rely on as of 1999 no decision had been made to
foreign humanitarian aid organizations for ratify the proposal.
their survival.
James R. Lewis
Azerbaijan tolerates investigations on
human rights issues by domestic and inter- Bibliography
national organizations, although it is reluc-
tant to discuss abuses of those rights. The Amnesty International. Amnesty International
Report 2000. London: Amnesty International
chairman of the Azerbaijan Human Rights
Publications, 2000.
Center was threatened with criminal prose-
Central Intelligence Agency. The World Factbook
cution for reporting about political prison-
1999. Washington, DC: Office of Public Af-
ers. Local non-governmental organizations fairs, 1999.
are denied registration to operate legally. U.S. Department of State. Azerbaijan Country
Since February 1998, the death penalty Report on Human Rights Practices for 1998.
has been abolished. In addition, President Washington, DC: Bureau of Democracy,
Aliyev has issued a proposal to the Parlia- Human Rights, and Labor, 1999.
Bahamas
performs its functions under the 1973 con-
stitution. The judiciary is independent; the
Privy Council of the United Kingdom is used
as the highest Court of Appeal.
When Christopher Columbus “discov-
ered” the Western Hemisphere in 1492, his
first landfall was in the Bahamas. The is-
lands became a British colony in 1717, and,
in the early nineteenth century, served as
a staging area for the slave trade. During
World War II, the Allies used the islands as
a base for military training and operations.
In 1964, self-government was achieved,
with full independence within the Com-
monwealth following in 1973.
The economy is dependent on tourism
and financial services. There are few do-
mestic resources and little industry; near-
ly all food and manufactured goods are
imported. Underemployment and poverty
The Commonwealth of the Bahamas is a are major problems.
group of Caribbean islands, 50 miles east of The government generally respects
the coast of southern Florida. The capital, human rights. Human rights organizations
Nassau, is located on New Providence Is- are free to operate in the country. Concerns
land, where the majority of the population have been expressed regarding police abus-
resides. The ancestry of the inhabitants is es. There have been reports of beatings of
African (85 percent), European (12 percent), criminal suspects by police officials. In
Asian and Hispanic (3 percent). The popu- 1998, one person died in police custody. Of
lation is approximately 284,000. the many complaints filed, only a few are
As a constitutional parliamentary democ- properly addressed by the Police Com-
racy and an independent member of the plaints and Discipline Unit. In addition, in-
Commonwealth of Nations, its political and cidents of police misconduct often go
legal policies are traditionally linked to the unreported. Conditions at Fox Hill, the
United Kingdom. Queen Elizabeth II, nom- nation’s only prison, are harsh. Cells are
inal head of the state, appoints a governor overcrowded, poorly ventilated, and ill-
general as representative of the British equipped. Many prisoners do not have beds
monarch. The prime minister is the head and sleep on the floor. Sanitation condi-
of the cabinet. The bicameral legislature tions are extremely poor.

42
Bahamas 43

An antidrug march.

There are also complaints of arbitrary ar- ber of sources claim that child sexual abuse
rests and lengthy pretrial detentions. The is also increasing. Also, according to recent
government does not provide legal repre- reports, the authorities are not enforcing
sentation except for suspects charged with regulations regarding equal opportunities
capital crimes. Illegal immigrants are de- and accessibility for the disabled.
tained until they can leave the country or
James R. Lewis
receive legal status.
No legislation exists to process applications
by asylum seekers. Human rights organiza- Bibliography
tions such as Amnesty International have
Amnesty International. Amnesty International
urged the government to ensure that all asy-
Report 2000. London: Amnesty International
lum seekers be treated according to interna-
Publications, 2000.
tional standards. In 1998, almost 400 illegal
U.S. Department of State. Background Notes:
Cubans were repatriated. Many with a legit- The Bahamas. Washington, DC: Bureau of
imate fear of prosecution and seeking asy- Inter-American Affairs, 1998.
lum did not have access to the United ———. Bahamas Country Report on Human
Nations High Commissioner for Refugees. Rights Practices for 1998. Washington, DC:
Domestic violence and abuse against Bureau of Democracy, Human Rights, and
women are widespread problems. A num- Labor, 1999.
Bahrain
1971. This period witnessed the consolida-
tion of the tribal rule of the Al-Khalifa dy-
nasty that invaded Bahrain from the
mainland in 1783. A feudal regime ruled
Bahrain until 1923. In 1926, Britain ap-
pointed Sir Charles Belegrave to create a
modern administration for Bahrain. Mod-
ern education had already begun in 1919,
and in 1926, Bahrain witnessed the first
election for the municipality of the capital
city. In 1932, oil was discovered.
In 1954, a major uprising calling for a
Parliament and civil rights took place. The
movement was crushed with the help of the
British army in December 1956, and three
of the nationalist leaders were exiled to the
British island of St. Helena. National de-
mands for a Parliament and constitution
were met in 1971, following the declaration
of independence earlier that year. In 1973,
Bahrain is an archipelago of thirty-three is- a thirty-member National Assembly was
lands located roughly in the mid-south of the elected. In addition to the elected members,
Persian Gulf, off the east coasts of Saudi Ara- fourteen ministers became ex-officio mem-
bia and Qatar. A causeway (opened in 1986) bers. More than half the cabinet were mem-
links Bahrain to Saudi Arabia. Bahrain is the bers of the Al-Khalifa family.
smallest country among its immediate neigh- In 1974, the government proposed a bill
bors with a total area of about 270 square for “state security” empowering the interi-
miles. Bahrain’s population is a little over or minister to detain political activists for
634,000. Foreigners are mainly from India, three years without charges or trial. The
Pakistan, Bangladesh, and the Philippines, debate over the illegality of the law contin-
and make up almost 39 percent of the pop- ued until the August 25,1975, when the
ulation. Foreign workers, mainly underpaid amir (head of state) decided to dissolve the
and unskilled, hold approximately 130,000 Parliament and suspend key articles of the
jobs in Bahrain out of a total workforce of constitution. A pro-democracy movement
239,000. Bahrain is a monarchy. emerged calling for the reinstatement of
Parliament and restoration of the sus-
pended articles of the constitution. The gov-
BACKGROUND
ernment responded by beginning a process
Like most of the Gulf states, Bahrain was a aimed at concentrating power in the hands
British protectorate between 1861 and of a few persons from the ruling family. To

44
Bahrain 45

achieve this, the Interior Ministry was given HUMAN RIGHTS


a free hand to persecute the opposition.
The 1980s witnessed an escalation of re- In September 1995, Amnesty Internation-
pression and sectarianism. Following the al issued a major fifty-page report entitled
liberation of Kuwait in 1991, a Gulf-wide “Human Rights Crisis in Bahrain” that
pro-democracy movement resurfaced, call- called on authorities to end torture, arbi-
ing for the opening of traditional monar- trary detention, unfair trials, and various
chies and greater popular participation in other abuses. In March 1996, the UK Par-
public life. In 1992, a broad-based com- liamentary Human Rights Group issued a
mittee sponsored a petition calling on the fourteen-page report detailing further abus-
amir to restore Parliament and reinstate es in Bahrain, and called on Bahraini au-
the rule of constitutional law. The petition thorities to heed calls for reforms and cease
was signed by more than 300 profession- human rights violations. In July 1997, the
als from all sectors of Bahraini society. In U.S.-based Human Rights Watch issued a
1994, yet another petition was sponsored major 107-page report on Bahrain titled
by a broad-based group, the Committee for “Routine Abuse, Routine Denial: Civil
Popular Petition (CPP), which managed to Rights and the Political Crisis in Bahrain.”
gather some 25,000 signatures from the The Interior Ministry is the largest orga-
public in support of the return of parlia- nization in the country. It has approxi-
mentary and constitutional life to Bahrain. mately 10,000 paramilitary personnel
The amir refused to receive the petition. In (which is roughly equal to the army of
December 1994, security forces began a Bahrain), as well as a complex structure of
crackdown campaign to silence the popular many thousands of officers, staff, and net-
call for democracy. This led to the prolifer- works of informers. Political detentions are
ation of protests and many people were de- handled by several departments, depend-
tained. Some forty people died in detention ing on the seriousness of issue. The General
or during demonstrations, and the country Directorate for State Security Investigations
was plunged into the most serious distur- (the intelligence department) handles the
bances it had faced for many decades. top cases.
The political situation in Bahrain con- The security agencies are given a free
tinued to deteriorate after 1994, and many hand to deploy any methods they choose for
human rights and international groups extracting confessions from detainees. De-
voiced their concern. In February 1995, the tainees are given the option of signing con-
European Parliament condemned the State fessions (often fabricated by the security
Security Law and the British chief of officers themselves). Otherwise, they remain
Bahrain security, Ian Henderson. The res- in detention for three years without trial or
olution stated that Parliament was charge under the provisions of the State Se-
“shocked that the Bahrain government has curity Law. Many are detained without
resorted to the ruthless use of force by the charges for more than three years because
security forces resulting in several deaths, the three-year period is renewed.
many injuries, the detention of hundreds After a person signs a confession, he or
of persons, and the deportation of promi- she is taken before an “investigating judge”
nent personalities,” and “that the security to restate the confession and to re-sign it.
forces in Bahrain are to a large extent di- If a detainee refuses, he or she is taken
rected by a British officer, Ian Henderson.”
46 The Human Rights Encyclopedia

back for another round of ill-treatment. Fol- court. Even after the first session, defense
lowing this stage, the detainee is taken be- lawyers have only limited access to their
fore the State Security Court. The political clients.”
environment directly influences the out- Amnesty International confirmed that
come of every trial conducted by the State “during trial, the State Security Court is not
Security Court. required to summon witnesses to give evi-
The citizens of Bahrain are suffering from dence or for cross-examination. Such evi-
the violation of their right to due process dence may be submitted in writing.
under the law. The number of people af- Defendants can be convicted solely on the
fected by this violation is on the increase. basis of uncorroborated confessions given
The State Security Law of 1974, the State to police or security officials, even in cases
Security Court Decree of 1976, and the sub- involving the death penalty, and even when
sequent expansion and enlargement of the there appears to be evidence that such ‘con-
jurisdiction of these measures in 1996, fessions’ were extracted under torture. To
combine to give state security agencies and date, it appears that no thorough and in-
the biased legal system a free hand to con- dependent investigations into allegations of
duct dawn raids on a daily basis, detain cit- torture, which have been both frequent and
izens for prolonged periods, and to then consistent, brought by defendants has ever
summarily sentence them without a proper been carried out. Under Bahraini law, there
defense or the right of appeal. is no right to appeal to a higher tribunal
Amnesty International stated on April 16, against conviction and sentencing by the
1998, that the “procedures followed by State Security Court.”
Bahrain’s Supreme Civil Court of Appeal, in Arbitrary detention has become a feature
its capacity as a State Security Court, have of life in Bahrain. Citizens expect to be de-
resulted in manifestly unfair trials. This spe- tained without warrants, mostly in the mid-
cial court routinely violates provisions of Ar- dle of the night or during dawn raids. Raids
ticle 14 of the ICCPR, as well as provisions follow reports from informers that the tar-
of Bahrain’s Constitution.” Amnesty Inter- geted citizens have “meddled in politics.”
national went on to say, “When facing trial Meddling in politics could mean anything
before the State Security Court, detainees from reading a newspaper and cynically
are denied access to legal counsel from the commenting on a government statement, to
moment of arrest until they are brought to publicly calling for change. The person is
court. This means that although defendants then subjected to intense sessions of ill-
may appoint lawyers of their own choosing, treatment intended to force confessions.
the first contact can only happen on the first Those who are released are made to sign a
day of trial, just moments before the open- declaration that they will never meddle in
ing session. This violates Principles 15 and politics again, and if they do so they deserve
18 of the UN Body of Principles. Clearly, in- to be interned and dealt with “properly.”
adequate time is given for the preparation of Children from the age of seven are in-
the defense. Moreover, defense lawyers are cluded in arbitrary detention. Many women
not granted access to court documents be- have been arrested, subjected to torture,
fore trial, so they cannot familiarize them- and threatened with sexual assault. Some
selves with the facts of the case before have been molested by officers who con-
meeting their clients for the first time in tinually touch sensitive parts of the body
Bahrain 47

as part of the threat of sexual assault. ficially acceding to the throne in June 1999,
Bahrain is unique in forcibly deporting the new amir made several changes. He or-
members of the indigenous population, while dered the release of hundreds of political
at the same time importing people from the detainees and prisoners and allowed rep-
Syrian desert and granting them full citizen- resentatives of both Amnesty International
ship. Amnesty International issued a special and the UN Working Group on Arbitrary
report in 1993 explaining the graveness of Detention to visit the country. In October,
this violation, with lists of names of people he issued a decree commanding the Shura
who had been forcibly exiled. (Consultative) Council to establish a human
The practice of forced exile continues. In rights committee to “study all human rights
the period between April 1999 and July legistation and regulations that apply in
1999, no fewer than thirty-two persons Bahrain” and to “raise awareness of human
were forcibly deported to the United Arab rights, take part in seminars, and conduct
Emirates, Saudi Arabia, Syria, Iran, and studies and research in the field.” The new
elsewhere. amir also announced forthcoming elections.
Discrimination among the citizenry is These reforms signaled that Bahrain’s
common in Bahrain. Some 20 percent of human rights record might well improve in
the top 420 executive positions in the coun- the coming years.
try—strategic positions such as defense, se-
Mansoor Al-Jamri
curity, foreign affairs, industry—are
monopolized by members of the ruling fam- Bibliography
ily. The balance of the positions are dis-
Amnesty International. Amnesty International
tributed on a discriminatory basis, taking
Report 2000. New York: Amnesty Interna-
into consideration the ethnic and religious
tional Publications, 2000.
background of each person.
Central Intelligence Agency. The World Factbook
It was hoped that the death of the late 1999. Washington, DC: Office of Public Af-
amir, on March 6, 1999, and the accession fairs, 1999.
of his eldest son, Sheikh Hamad bin Isa Al- U.S. Department of State. Bahrain Country Re-
Khalifa, would be an opportunity for a new port on Human Rights Practices for 1998.
page in Bahrain’s troubled history. After of- Washington, DC: Bureau of Democracy,
Bangladesh
tinent, it became independent from Great
Britain after World War II as part of Pak-
istan. Bangladesh achieved independence
from Pakistan in 1971, and became a par-
liamentary democracy. It has been a mem-
ber of the United Nations since 1974. The
recent history of Bangladesh has been
characterized by successive military coups,
martial law, and antagonism between op-
posing political forces. Years of ineffective
government, pervasive corruption, and eco-
nomic mismanagement have all contributed
to the current sad state of the Bangladeshi
economy.
Bangladesh is one of the world’s poorest,
most densely populated, and least devel-
oped nations. Its economy is largely agri-
cultural, and the chief crop is rice. Natural
disasters such as cyclones and floods have
long plagued Bangladesh. The worst flood of
The People’s Republic of Bangladesh is lo- the twentieth century took place in 1998
cated in South Asia, bounded on the north, and covered two-thirds of the country.
west and east by India; on the southeast by Other factors include the inefficiency of
Myanmar (formerly Burma); and on the state-owned enterprises, a rapidly growing
south by the Bay of Bengal. Of its popula- labor force that cannot be absorbed by the
tion of approximately 125 million, most are agricultural sector, delays in exploiting nat-
ethnic Bengali. Non-Bengalis of Indian ori- ural gas resources, inadequate power sup-
gin and various tribal groups comprise the plies, and slow implementation of economic
remainder. English is spoken in urban areas reforms.
among educated people. Most of the popu- Frequent strikes crippled the economy
lation is Muslim (about 88 percent); Hindus between 1995 and early 1996. When Prime
constitute the second-largest religious group Minister Sheikh Hasina Wajed, leader of the
(11 percent), while Buddhists, Christians, Awami League, came to power in mid-1996,
and others are smaller minorities. there was a return to normal economic ac-
tivity. The current government has made
some improvements in the areas of provid-
BACKGROUND
ing a basis for foreign investments and lib-
Bangladesh has a rich historical and cul- eralizing capital markets. Opposition from
tural tradition. Part of the Indian subcon- the bureaucracy, public sector unions, and

48
Bangladesh 49

The prime minister is appointed by the


president and must be a member of Parlia-
ment (MP), with the confidence of the ma-
jority of other MPs. The prime minister
selects, and the president appoints, the
ministers of the cabinet. The legislature is
unicameral and elected by universal suf-
frage every five years. The judicial system is
a civil court system based on the British
model. The Home Affairs Ministry controls
the police and the paramilitary forces.

HUMAN RIGHTS
The government restricts or denies many
fundamental human rights to its citizens.
Bangladeshi politics has always been char-
acterized by pervasive violence. Irregulari-
ties and intimidation of voters often mar
elections. Although international observers
found that the 1996 elections were free and
fair, the major opposition party to the
Awami League, the Bangladesh National
A victim of a 1991 cyclone lays in the open street Party (BNP), boycotted the Parliament.
with an intravenous tube in her arm. Supporters of the ruling and opposition
parties clashed violently during strikes and
other vested interest groups has prevented demonstrations, resulting in deaths. Ac-
progress on the economic reforms. tivists of the ruling party’s student wing
When new constitutional amendments mutilated at least three opposition student
were enacted in 1991, Bangladesh passed leaders by chopping off their hands. In No-
from a presidential system to a Parliament- vember 1998, three persons were killed and
led system, in which the central political more than 100 injured in Dhaka after the
leader is the prime minister. The president’s opposition party called a general strike.
duties are now mainly ceremonial, while The Awami League government has fre-
the prime minister is head of the govern- quently been accused of abusing its powers.
ment. The lack of democracy that has char- Section 54 of the Criminal Code, which pro-
acterized Bangladesh since 1991 has vides for the detention of suspected crimi-
allowed the exercise of extraordinary pow- nals, has been used to harass or intimidate
ers by the prime minister, who determines political opponents and their families. The
major governmental policies with little or BNP has alleged that dozens of its mem-
no involvement by the Parliament. In 1998, bers in Parliament, and thousands of its
however, committees composed of members supporters and party workers, have been
of Parliament were formed to monitor the falsely accused in criminal cases. Addi-
government’s work. tionally, the Special Powers Act (SPA) is em-
50 The Human Rights Encyclopedia

ployed to arbitrarily detain citizens without Prison conditions are reported to be very
formal charges for an indefinite period. It is poor and a contributing cause to deaths of
believed that in 1998 the authorities detained prisoners. Prisons are overcrowded, do not
2,949 persons under the SPA for political rea- have medical facilities, and lack hygieni-
sons. Serial detentions have been used to cally processed food. The government de-
prevent the release of political activists. nies prison visits to human rights monitors.
Police commit extrajudicial killings, tor- Trials and pretrial detentions are lengthy.
ture, arbitrary arrests, and detentions. In In November 1998, government reports es-
addition, they conduct searches without a timated that almost 600,000 cases were
warrant. Violence takes place in police cus- pending in criminal and civil courts, while
tody in the form of beatings during arrests 37,000 people were still awaiting trial or
and interrogations. Occasionally, electric under trial. Although the constitution pro-
shock is used. Official reports showed that vides for an independent judiciary, in prac-
six persons died in police custody during tice the lower courts are corrupt, fall under
1998. In July 1998, a student was beaten the influence of the executive, and are re-
to death in police custody. The autopsy luctant to challenge the government in po-
showed that brain hemorrhage was the litically controversial cases. These conditions
cause of death. Twelve police officers and a prevent many persons from obtaining jus-
local Awami League leader were charged tice and a fair trial.
with his death. However, police abuses were The government does not enforce the
rarely punished in many cases. Addition- constitutional provisions regarding freedom
ally, the police have raped female detainees of speech and press. Newspapers are not
in custody, along with many other women directly restricted. However, journalists
who were not in custody. There have been apply self-censorship for fear of harass-
no arrests of the police officers involved in ment, retaliation, and physical harm from
these incidents. both the government and the opposition.
Demonstrators often clash with police There have been attacks and death threats
during rallies, and the police use lethal force against journalists and editors by govern-
in response. In July 1998, the security force ment officials and political party activists.
fired on demonstrators, killing one woman The government controls radio and televi-
and wounding many others. No judicial ac- sion, which offer little coverage of opposi-
tion was taken against the perpetrators. Vig- tion party news. There are no restrictions
ilante violence by private citizens is also a on access to foreign radio or on the instal-
serious problem. In particular, women living lation of satellite dishes.
in rural areas are reportedly victims of vig- A government film censor board reviews
ilantism for perceived moral transgressions. local and foreign films for purposes of cen-
They have been subjected to humiliating sorship. Foreign publications are subject
and painful punishments, such as whip- to review as well. Censorship may be ap-
pings or having their heads shaved. plied on the grounds of state security, law
Security organizations, such as the Spe- and order, religion, obscenity, and foreign
cial Branch, the National Security Intelli- relations. The government provides for aca-
gence, and the Directorate General Forces, demic freedom, but rival student political
conduct surveillance of citizens to detect groups have undermined most university
opposition sympathizers. academic activities. Bangladesh limits free-
Bangladesh 51

dom of assembly and association. Individ- of children between the ages of five and ten
uals can be charged with conducting unau- are not enrolled in school.
thorized demonstrations. A magistrate The constitution grants religious free-
must approve public meetings. dom. However, religious minorities experi-
The International Labor Organization has ence discrimination from the Muslim
requested Bangladesh to reform the provi- majority. Ethnic minorities have com-
sion regarding the current restrictions on plained of loss of land to Bengali Muslims.
the right of workers to organize unions. A 1997 peace accord ended a twenty-five
There have been complaints filed with the year conflict in the area known as Chit-
Registrar of Trade Unions regarding anti- tagong Hill Tracts. Since 1970, thousands
union discrimination and harassment by of tribal families have been displaced from
employers. The private sector discourages their land and replaced with Bengali in-
union activities and workers have been habitants. Violence between indigenous
fired for such activities. In general, the gov- tribes, settlers, and governmental forces re-
ernment does not enforce workers’ rights. sulted in repeated violations of human
The constitution prohibits discrimination rights. In February 1998, the repatriation of
based on race, sex, religion, disability, lan- 60,000 tribal refugees was completed.
guage, and social status. However, these The constitution does not provide for
provisions are not enforced. Women’s basic refugee or asylum status, but Bangladesh
freedoms are not protected. They do not generally grants assistance to refugees or
have equal opportunities in academic, eco- asylum seekers in cooperation with the
nomic, and social life. Domestic violence, United Nations High Commission for
rape, and incidents of vigilantism against Refugees (UNHCR). However, in July 1997,
women are widespread. Women are often 400 Burmese refugees were forced to repa-
unaware of their rights and accept the so-
cial stigma imposed on them.
The trafficking of Bangladeshi women
and children for prostitution within
Bangladesh or in other Asian countries is
ignored by the police, who often accept
bribes to ignore such activities. The United
Nations Children’s Fund (UNICEF) report-
ed that there were an estimated 10,000
child prostitutes in Bangladesh. Because
of extreme poverty, children are also ex-
posed to abandonment, mistreatment, and
forced and bonded labor at a very young
age. The law prohibits child labor; howev-
er, it is a serious problem, and some chil-
dren work in conditions that resemble
slavery. Although education is compulsory
until the age of ten, the government does
not enforce the law because of a lack of re- Poor women waiting to receive medicine at an
sources. Consequently, a high percentage American clinic in Bangladesh.
52 The Human Rights Encyclopedia

triate despite their fear of persecution in Torture and Other Cruel, Inhuman, or De-
Myanmar (Burma). grading Treatment or Punishment.
Bangladesh generally cooperates with
James R. Lewis
human rights organizations and monitors.
Registration was, however, denied to the
Bangladesh section of Amnesty Interna- Bibliography
tional in order to prevent it from receiving
Amnesty International. Amnesty International
foreign funds. In addition, human rights
Report 2000. New York: Amnesty Interna-
organizations and activists have been ha-
tional Publications, 2000.
rassed or received threats from government
Central Intelligence Agency. The World Factbook
intelligence agencies. The government has 1999. Washington, DC: Office of Public Af-
been sensitive to international opinion on fairs, 1999.
human rights issues, and in October 1998, U.S. Department of State. Bangladesh Country
it expressed approval of the International Report on Human Rights Practices for 1998.
Covenant on Economic, Social, and Cul- Washington, DC: Bureau of Democracy,
tural Rights and the Convention Against Human Rights, and Labor, 1999.
Barbados
House of Assembly and the Senate, whose
members are elected by universal suffrage.
The judiciary is independent.
Barbados has been a member of the
United Nations since 1966 and of the Or-
ganization of American States since 1967.
In 1973, Barbados signed the treaty to
found the Caribbean Community and Com-
mon Market (CARICOM).
Tourism, manufacturing, sugar produc-
tion, and financial services comprise the
main parts of the economy. After a deep eco-
nomic recession in 1990, Barbados has been
recovering in recent years. In 1996, approx-
imately 14 percent of the population were
unemployed, and the public sector remains
the largest single employer.
Human rights provisions are widely re-
spected and enforced by the government.
However, some violations have been report-
Barbados is an island in the eastern ed. There have been many allegations of po-
Caribbean and an independent sovereign lice misconduct and abuse of detainees
state within the British Commonwealth. while in custody. Police officers beat pris-
Bridgetown is the capital. Approximately oners and use force to extract confessions.
260,000 inhabitants reside on the island and In December 1998, the police detained two
about 80 percent are of African descent. The foreign citizens for interrogation concerning
remainder are European (4 percent) or mixed a bank robbery. Both men received physical
(16 percent). About 70 percent of Barbadians injuries while in custody. The only prison is
are Anglican, while the rest are Roman overcrowded and conditions are poor. Al-
Catholic, Methodist, Baptist, and Moravian. ternatives to imprisonment are planned to
A British colony since 1627, Barbados alleviate the problem of overcrowding.
achieved full independence in 1966. Bar- Although women are active members of
bados is a parliamentary democracy with society and well represented in all sectors
its own constitution. The British monarch, of national life, abuse of women is a serious
Queen Elizabeth II, is nominally the head of problem. Additionally, violence against chil-
state and represented by a governor gener- dren has increased dramatically in the past
al. The prime minister is the head of the several years. The Child Care Board re-
cabinet that controls the government. The ported more than 1,100 cases of child
bicameral Parliament is composed of the abuse in 1997–1998.

53
54 The Human Rights Encyclopedia

The law does not provide against dis- Bibliography


crimination based on disability in employ-
Amnesty International. Amnesty International
ment, education, or state services, although
Report 2000. New York: Amnesty Interna-
the majority of new buildings are accessible
tional Publications, 2000.
to the disabled. Overall, the government re- U.S. Department of State. Background Notes:
spects worker’s rights, although health and Barbados. Washington, DC: Bureau of Inter-
safety provisions are not always enforced. American Affairs, 1998.
Human rights organizations are free to op- ———. Barbados Country Report on Human
erate in the country. The Caribbean Human Rights Practices for 1998. Washington, DC:
Rights Network has its headquarters in Bar- Bureau of Democracy, Human Rights, and
bados and serves the Caribbean-wide region Labor, 1999.
in investigating human rights abuses.
James R. Lewis
Belarus
However, in 1996, following a flawed na-
tional referendum, the president, Aleksandr
Lukashenko, amended the constitution and
expanded his powers by ignoring the rul-
ing of the constitutional court. Moreover,
he created a new Parliament after dismiss-
ing the previous one. The constitution now
restricts the Parliament to meeting twice a
year for no more than 170 days. The pres-
ident has the power to rule by decree when
the Parliament is not in session. Although
the constitution provides for an indepen-
dent judiciary, in practice it remains under
the control of the executive. The interna-
tional community has not recognized the
legitimacy of the new constitution.
Belarus has a centrally planned economy.
Economic conditions have significantly de-
teriorated in recent years. In 1998, month-
ly wages dropped 170 percent, from $88 to
The Republic of Belarus is a country in east- $33. The majority of the workforce is em-
central Europe. It is bounded on the south ployed in state industries and agriculture.
by Ukraine; on the east by Russia; on the west
by Poland; and on the north by Latvia and
HUMAN RIGHTS
Lithuania. Minsk is the capital city. The pop-
ulation of approximately 10 million compris- The human rights record of Belarus has
es Belarussians (78 percent), Russians (13 worsened since the president solidified his
percent), Poles (4 percent), and Ukrainians (3 power. Decision making and real political
percent). The official language is Belarussian power rests in the hands of a few leaders,
(White Russian). Most of the population be- particularly the president. It is the presi-
longs to the Russian Orthodox Church. dent who initiates legislation.
The Republic of Belarus was proclaimed The security forces, which are controlled
at the end of World War I from the ashes of by the president, routinely commit human
the Russian Empire. In 1918, however, the rights abuses in the form of torture, beat-
country was occupied by the Red Army. In ing of detainees and political opponents,
1991, following the break-up of the Soviet and arbitrary arrest and detention. Addi-
Union, Belarus achieved independence. tionally, in many cases, police officers fail
Belarus is a constitutional democracy. to inform suspects of their legal right to
The constitution was ratified in 1994. counsel before an interrogation. Moreover,

55
56 The Human Rights Encyclopedia

there have been many politically motivat- many peaceful demonstrations were held
ed arrests with approximately 11,000 de- in the city of Minsk, but they were kept
tainees awaiting trial for political reasons. under strict governmental control and were
Prison conditions are poor and do not not covered by the media. Additionally,
meet minimum international standards. there were reports of harassment of demon-
Severe overcrowding, inadequate nutrition, strators by security forces.
lack of sanitation and medical care, and the The authorities usually deny permission
spread of diseases, including tuberculosis to opposition groups to meet in public
and syphilis, have been reported as the buildings. The government does not respect
most serious problems. It is estimated that the freedom of workers to associate and
approximately 64,000 inmates are detained bargain, and opposes the formation of in-
in facilities built to accommodate only dependent trade unions.
41,000. Occasionally, human rights moni- While the constitution provides for free-
tors have received permission to visit pris- dom of religion, in practice this right is re-
ons; however, requests for meeting with stricted. Foreign missionaries are limited
individual inmates are often denied. in their activities, and have often been ar-
The right to a fair trial is hampered by rested or expelled from the country.
the influence that the executive exerts on Belarus does not protect women against
the judiciary. Prolonged pretrial detentions discrimination in employment, salary, and
are common. In addition, many lawyers career opportunities. They remain under-
have been disbarred for arguing cases con- represented in the political life of the country
cerning political prisoners. as well. Moreover, violence against women,
Authorities routinely infringe on the cit- including spousal abuse, is a problem. The
izens’ right to privacy by monitoring tele- government is committed to children’s wel-
phones and reading personal mail for fare. In particular, since the Chernobyl nu-
alleged security reasons. Moreover, politi- clear plant incident in 1983, several
cians, human rights monitors, and other programs have been implemented to address
members of non-governmental organiza- health care for children. There is no societal
tions (NGOs) believe that the security forces pattern of child abuse.
routinely monitor their conversations and The right of citizens to move within the
correspondence. country is restricted. One must register for
Freedom of speech and of the press is re- residency in one city, and may not change
stricted. A decree prohibits citizens from residency without permission. In general,
expressing opinions critical of the govern- citizens can travel abroad. However, visas
ment. The government maintains a mo- have occasionally been denied to members
nopoly on the media and the press, and it of opposition groups. Additionally, many
often denies accreditation of journalists op- political opponents cannot emigrate and
posing the regime. A few independent radio their passports have been confiscated.
and television stations operate at the local The constitution grants asylum and refugee
level in some areas of the country. Acade- status. Belarus has generally cooperated with
mic freedom is also restricted. the United Nations High Commissioner for
Belarus severely limits the right to peace- Refugees and other non-governmental orga-
ful assembly and association. In 1998, nizations in assisting refugees.
Belarus 57

Several human rights organizations op- Bibliography


erate in the country and Belarus usually
Amnesty International. Amnesty International
allows international human rights moni-
Report 2000. New York: Amnesty Interna-
tors to visit the country. Local human
tional Publications, 2000.
rights groups, however, find government of- Central Intelligence Agency. The World Factbook
ficials far less cooperative. Authorities often 1999. Washington, DC: Office of Public Af-
restrict their activities through tax audits fairs, 1999.
and denial of registration. In a few in- Lohman, D. Republic of Belarus: Crushing Civil So-
stances, human rights monitors have been ciety. New York: Human Rights Watch, 1998.
arrested while observing a public demon- U.S. Department of State. Belarus Country Re-
stration. port on Human Rights Practices for 1998.
Washington, DC: Bureau of Democracy,
James R. Lewis Human Rights, and Labor, 1999.
Belgium
liamentary bodies. The prime minister, who
is the chief of the cabinet, holds his office for
as long as he holds the trust of the House of
Congress. Belgium is a federal state, en-
compassing Flanders, Wallonia, and Brus-
sels as its regions, each of which has local
administrative power. Belgium’s economy is
highly industrialized, and provides citizens
with a high standard of living.

HUMAN RIGHTS
In general, the government respects its cit-
izens’ human rights. Recently, Belgium
passed a series of laws criminalizing do-
mestic violence against women. There are
no reports of violations of human rights by
the police or by the government. Prisons
meet international standards. Each citizen
is granted a fair trial by the constitution,
The Kingdom of Belgium, situated in north- and both the government and the judicia-
ern Europe, is bounded on the north by the ry respect this right. Pretrial detention can
Netherlands; on the east by Germany and be lengthy. It is estimated that 40 percent
Luxembourg; on the south by France; and of the prison population are in pretrial de-
on the northwest by the Northern Sea. It tention. In recent years, there have been
has a population of approximately 10 mil- several efforts by the judicial system to en-
lion. The official languages are French and sure more effective trials and investiga-
Flemish (a Dutch dialect). Roman Catholi- tions.
cism is the official religion. The law expressly enforces the rights of
Belgium is a constitutional monarchy. citizens’ privacy in family, home, and cor-
King Albert II is the chief of state. Formal- respondence. The law also grants freedom
ly, he represents the source of all executive of speech and press. The government owns
authority, but in practice, the Council of several radio and TV stations, but it does
Ministers (the cabinet) makes all decisions not control the content of their programs.
concerning the administration of the gov- Although the constitution grants the right
ernment. The Parliament is composed of the of assembly and association, the Anti-
Senate and the House of Congress. Elec- racism Law expressly forbids membership
tions are held every four years for both par- in groups advocating discrimination.

58
Belgium 59

A racist poster by the anti-immigrant party Vlaamse Blok, which reads “For self-defense.”

The constitution grants the right of asy- ommendations from a 1997 commission re-
lum to those asking for it, although asylum port on minority religions. Some of these
seekers arriving illegally can be detained groups were labeled “harmful,” which was
up to five months and forcibly repatriated defined as any group posing a threat to so-
if asylum is denied. In September 1998, ciety or to individuals. In October 1999, a
Semira Adamu, a Nigerian woman, was de- government-sponsored Center for Informa-
nied the right of asylum because her claim tion and Advice on Harmful Sectarian Or-
was ruled unfounded. She tried to resist ganizations opened. Thus far, the center’s
the police and died after being abused. The staff and activities have been limited. Ac-
autopsy determined that she had died of tions recommended by the commission,
asphyxia, and three policemen were tried such as the establishment of a specialized
for manslaughter. police unit devoted to minority religions,
Following the mass murder/suicides of have not been implemented.
Solar Temple members in Switzerland and The commission report as well as the ac-
later in France, much of Europe was swept tions taken by Parliament have been criti-
up in antisect reaction. Belgium was no ex- cized as undermining religious freedom,
ception. In 1998, Parliament adopted rec- and have generated international contro-
60 The Human Rights Encyclopedia

versy. In March 1999, the French-speak- Bibliography


ing community of Belgium launched a con-
Amnesty International. Amnesty International
version-prevention campaign called “Gurus,
Report 2000. New York: Amnesty Interna-
Beware!” In April 1999, the Anthroposoph-
tional Publications, 2000.
ical Society, one of the groups discussed in Minority Rights Group. Co-Existence in Some
a brochure issued in connection with this Plural European Societies. London: Minority
campaign, filed suit to halt its distribution Rights Group, 1986.
until all defamatory language referring to U.S. Department of State. Background Notes: Bel-
the society was removed. gium. Washington, DC: Bureau of Public, 1994.
———. Belgium Country Report on Human
James R. Lewis
Rights Practices for 1999. Washington, DC:
Bureau of Democracy, Human Rights, and
Labor, 2000.
Belize
American companies operating in Belize,
including Texaco, Esso, Archer Daniels
Midland, and Dominion Resources. Belize
has made tourism its second most impor-
tant sector of economic growth after agri-
culture.
Belize became a British colony in 1862.
The constitution adopted in 1954 provided
for limited self-government. In 1981, Belize
achieved full independence. Belize is a par-
liamentary democracy and a member of the
British Commonwealth. The British monarch
is the head of state and is represented by a
governor general. The prime minister and the
cabinet hold the executive power. Members of
the cabinet represent the majority political
party in the National Assembly. The judicia-
ry is independent.

HUMAN RIGHTS
Belize, formerly British Honduras, is locat-
ed in Central America. It is bounded on the There have been a number of reports of
north by Mexico, on the west and south by human rights violations by the police. For
Guatemala, and on the east by the instance, in February 1998, a police offi-
Caribbean Sea. Belmopan is the capital. cer, who had previously been reported as
Creoles, Garifunas, Mestizos, and Mayans engaging in violent conduct, fired on and
compose the population of approximately killed a man. In September 1999, a man
235,000 people. English is the official lan- arrested for fighting in public died in police
guage, but Spanish as well as Creole di- custody. Although the police claimed that
alects are also widely spoken. Roman he had passed out and drowned in his own
Catholicism, Anglicanism, Methodism, vomit, an autopsy found that he had a rup-
other Protestantism, Islam, Hinduism, and tured liver, a fractured skull, and water in
Buddhism are the major religious denomi- his lungs. Investigations into these and
nations. other charges of police abuse have been
The country’s economy is based on agri- conducted by the Police Complaints Board
culture and tourism. The high cost of labor Prison conditions are harsh at Hattieville
and a small domestic market have limited Department of Corrections, the only state
industrial growth. However, the U.S. Em- prison in the country. The prison hosts over
bassy has reported that there are 185 1,000 inmates, although it was designed to

61
62 The Human Rights Encyclopedia

hold only 500. Prisoners do not have show- of Belize) and its two radio stations. The gov-
ers, toilets, or adequate medical facilities. ernment sold the frequencies to private net-
Women are housed in the same facility, al- works. The Belize Broadcasting Authority
though separated from men. However, male regulates broadcasting within the country.
guards and male prisoners are often allowed Nevertheless, it rarely uses this authority.
to roam in the women’s area. There is no There has been little racial tension in the
separate facility for mentally ill prisoners. country, despite the recent arrival of Central
In 1998, there were reports of physical bru- American and Asian immigrants. Belize co-
tality by prison guards. Additionally, gang operates with the United Nations High Com-
and drug-related problems are becoming se- missioner for Refugees and other
rious problems inside the prison. The gov- humanitarian organizations. Asylum is usu-
ernment has tried to address the problem of ally granted to those who file for it. In 1998,
juvenile delinquency by promoting the Belize rejected only thirty requests for asy-
Youth Enhancement Agency, which houses lum. Refugees are eligible to apply for resi-
several thousand youths who participate in dency after five years of living in the country.
rehabilitation and job-training programs. Women are subject to discrimination in
In 1998, the police arrested thirty people Belize, and usually have more difficulties
during a robbery investigation. Those ar- obtaining agricultural and business fi-
rested were detained for more than the sev- nancing than do men. Women also receive
enty-two hour limit before being given lower wages, though the law mandates
access to legal assistance. They were de- equal wages. The number of women in pol-
tained for the maximum time allowed, and itics is quite limited, for both traditional
then released. None of those arrested had and socioeconomic reasons. Abuse of
charges pressed against them. One of the women is a chronic problem. There are sev-
detainees accused the police of abuse and eral shelters for battered women. In addi-
torture. In 1998, this was the only case of tion, several hotlines and counseling
abusive arrest by the police. Detainees are services are available. The Belize Organi-
usually notified within 48 hours regarding zation for Women and Development helps
the reasons for their arrest and within 72 women understand their rights and pro-
hours must have access to legal assistance. vides counseling. There were reports of
Bail is granted in most cases. Trials are women being forced into prostitution.
usually fair, but lengthy. There have, how- Women are recruited from border countries
ever, been allegations that the judiciary is with promises of attractive job opportuni-
subject to political influence. ties, and then are forced to become prosti-
Belize respects the right of free speech and tutes once in Belize. No arrests have been
press. Some limits are established to protect made so far, despite lengthy investigations.
defense, public safety, public order, public Education is available to everyone, but
morality, and public health. In one case, the most students drop out after primary
minister of broadcasting threatened to dis- school as a result of the high cost of books
continue the program of one radio network, and other school materials.
asserting that it was violating public moral- The law does not provide assistance for
ity. In November 1990, the government people with disabilities. However, the gov-
closed the BCB (Broadcasting Corporation ernment’s Disability Services Unit and
Belize 63

other private organizations provide services Bibliography


to the disabled. Children with disabilities
Amnesty International. Amnesty International
have access to special governmental facili-
Report 2000. New York: Amnesty Interna-
ties. The right of free association for work-
tional Publications, 2000.
ers is generally respected. There are eleven Central Intelligence Agency. The World Factbook
independent unions in Belize; they repre- 1999. Washington, DC: Office of Public Af-
sent 11 percent of the labor force. The gov- fairs, 1999.
ernment recognizes unions after they file U.S. Department of State. Background Notes:
with the registrar’s office. The law also Belize. Washington, DC: Bureau of Inter-
grants workers the right to strike. American Affairs, 1999.
———. Belize Country Report on Human Rights
James R. Lewis
Practices for 1999. Washington, DC: Bureau
of Democracy, Human Rights, and Labor,
Benin
or mob violence, improve the conditions in
its prisons, or provide its citizens with
speedy trials.

HUMAN RIGHTS
There have been no confirmed reports of
extrajudicial killings during the last few
years, although according to Amnesty In-
ternational, one man died at the main po-
lice precinct in 1998 after being beaten by
a guard. Police have had difficulty in curb-
ing cases of mob justice, particularly
against thieves who have been caught in
the act. Reportedly, one rural agitator in-
cited the lynching of more than 100 sus-
pected criminals in southwestern Benin in
1999. The authorities instructed the dem-
agogue to turn suspected criminals over to
the police after capture, but individual and
Benin, formerly Dahomey, is a small coun- sporadic lynchings continue.
try in western Africa, between Nigeria and There have been no reports of politically
Togo, on the coast of the Atlantic Ocean. motivated disappearances or abductions.
Its official capital is Porto-Novo, although There have been credible reports that
Cotonou serves as the seat of government. guards sometimes beat prisoners. The gov-
It gained its independence from France in ernment is currently making payments to
1960. From 1972 to 1989, Benin was ruled those who were victims of torture and beat-
by a Marxist-Leninist dictatorship, which ings under the military regime that ruled
was replaced by the present multiparty Benin from 1972 to 1989. Prison conditions
democracy. Benin has a largely agricultur- are brutal due to overcrowding and lack of
al economy, and although its gross nation- proper sanitation or medical care. Prisoners
al product has increased appreciably in the are malnourished and disease is rampant.
latter half of the decade, Benin’s popula- Prisoners are allowed to meet with their
tion growth has made this less obvious. families and to consult lawyers.
Benin’s record on human rights is gener- There have been no documented cases of
ally good, although there were some in- arbitrary detention and most citizens are
stances of extrajudicial killings by police in given a fair public trial. There is no evidence
1998. Additionally, Benin’s government has of political prisoners. Police are required to
not been able to contain acts of vigilantism obtain a warrant before entering a private

64
Benin 65

home and this requirement is usually ob- considered equal by the law, custom still
served. There have been no reports of in- dictates the subordination of women in fi-
terference with electronic or written nancial and social matters.
communications. The rights to free speech The government has attempted to in-
and to a free press are also respected in crease the enrollment of children in prima-
practice. There is a large free press in the ry school, which is now only at 66 percent.
major cities that freely and frequently crit- In some areas, girls are given no education
icizes the government, although their read- whatsoever. Child abuse and trafficking in
ership is limited because most citizens Beninese children remain problems.
outside of urban areas are illiterate and re- Although Benin is extremely poor (1995
ceive their news via radio. estimates are 33 percent living in poverty),
The government also respects freedom of Benin’s record on human rights remains
religion. Those who wish to form a religious strong. It has traditionally cooperated with
group must register with the Ministry of the the United Nations High Commissioner for
Interior and the registration requirements Refugees and provided a relatively safe
are the same for all religions. There have haven for its citizens amid regional turmoil.
been no indications that any religious As it continues to develop economically, it
group has been refused registration. Reli- is hoped that Benin can maintain its re-
gious groups are also tax exempt. spect for the human rights of its citizens.
Although the authorities of Benin gener-
Eric Busch
ally respect citizens’ rights to travel within
the country, travelers are often forced to
pay bribes to local police for passage. Benin Bibliography
does not restrict the right to travel inter- Amnesty International. Amnesty International
nationally and those who have been abroad Report 2000. New York: Amnesty Interna-
may return without hindrance. tional Publications, 2000.
Citizens have the right to change their Central Intellegence Agency. The World Fact-
government and they have done so, freely book 1999. Washington, DC: Office of Public
and peacefully in 1991, in 1995, and in Affairs, 1999.
Human Rights Watch. World Report 2000. New
1996. Women participate actively in poli-
York: Human Rights Watch, 2000.
tics although they are underrepresented in
U.S. Department of State. Benin Country Report
government positions.
on Human Rights Practices for 1998. Wash-
There have been instances of domestic ington, DC: Bureau of Democracy, Human
abuse. The authorities are reluctant to in- Rights, and Labor, 1999.
tervene in cases of domestic violence, con- ———. Benin Country Report on Human Rights
sidering such disputes to be family matters. Practices for 1999. Washington, DC: Bureau
There is appreciable societal discrimination of Democracy, Human Rights, and Labor,
against women in all spheres. Although 2000.
Bhutan
when India assumed control of its foreign af-
fairs and an Indo-Bhutan Treaty of Friend-
ship was signed. Bhutan became a member
of the United Nations in 1971. The Wangchuk
Dynasty has ruled the country since 1907,
and King Jigme Singhye Wangchuk has been
on the throne since 1972.
Two-thirds of the population is Buddhist,
while the remainder is Hindu. During the
late 1980s and early 1990s, Bhutan expe-
rienced a period of political protests and eth-
nic repression directed against the growing
Nepalese population living in the south. The
Buddhist majority feared its culture would
eventually be supplanted, and the govern-
ment responded by stepping up measures
against illegal immigration and tightening
citizenship requirements. Thousands of
Nepalese were forcibly expelled from the
country. During those years, government
The Kingdom of Bhutan is a country in south officials were responsible for serious human
Asia, bounded on the north and west by rights abuses, including torture, rape, and
China, and on the south and east by India. other physical violence against ethnic
Thimphu is the capital city. The government Nepalese. There is no indication that the
reports that the population is approximate- perpetrators were ever prosecuted.
ly 600,000, while other, non-official estimates Bhutan has no constitution or bill of
place the number at 1.9 million. Ethnic and rights. The king is a hereditary monarch,
linguistic groups include the Bhote (59 per- and is both the chief of state and the head
cent), divided between the Ngalongs of west- of government. He nominates the candi-
ern Bhutan and the Sharchops of eastern dates for the Council of Ministers. The leg-
Bhutan; the Nepalese (35 percent); and in- islative branch is the unicameral National
digenous or migrant tribes (15 percent). Assembly with 150 members, of whom 105
Dzongkha is the official language; English is are elected by the people, ten are selected
the language of instruction in all schools. by the Buddhist clergy, and thirty-five are
appointed by the king. All major ethnic
groups are represented. The Assembly
BACKGROUND
nominally has the power to ask the king to
Always an independent state, Bhutan was abdicate, to elect and remove ministers,
occupied by the British from 1910 to 1949, and to overturn any decision made by the

66
Bhutan 67

king or by government officials. However, criminal procedure code. Approximately sev-


the king ultimately makes the most impor- enty-five persons are serving sentences for
tant political decisions, and approves or op- political reasons. Bhutan has only recently
poses legislation. begun reviewing the current legal system,
The judiciary is not independent of the establishing a body of written laws, and pro-
king, who represents the Supreme Court of moting legal education.
Appeal and appoints the judges of the High There have been allegations of excessive
Court and district courts. Village headmen use of force and abuse of authority by gov-
follow religious precepts to adjudicate ques- ernment officials. Arbitrary arrests and de-
tions of family law, such as marriage, di- tentions constitute an ongoing problem.
vorce, and adoption. Citizens are not legally protected against
Per capita gross national product is esti- arbitrary interference with their privacy,
mated to be $470. The economy is based family, home, and correspondence. Secu-
primarily on subsistence agriculture and rity forces can arbitrarily conduct search-
forestry, which account for about half of es for suspected dissidents or criminals. All
the gross domestic product. Cardamom, citizens are required to wear traditional
citrus fruit, spices, cement, and electricity Buddhist dress in schools, government of-
are among the most important exports. fices, Buddhist religious buildings, and
Tourism is hindered by a poor infrastruc- when attending official functions or public
ture and lack of accessible roads. The in- ceremonies.
dustrial sector is underdeveloped. India has Freedom of speech and press are re-
always played a major role in supporting stricted. The government owns and controls
trade and monetary links. In recent years, all media. Foreign newspapers are avail-
Bhutan has pursued economic and social able. Until recently, all private televisions
reforms to protect the country’s environ- were banned; in June 1999, the govern-
ment and cultural tradition by improving ment launched the first Bhutanese televi-
education, health, sanitation, and commu- sion service. Citizens do not have freedom
nications. of peaceful assembly and association un-
less authorized by the government. Political
parties, such as those organized by
HUMAN RIGHTS
Nepalese exiles outside the country to seek
Human rights and freedoms are signifi- repatriation and promote democracy, are
cantly restricted. There are no political par- regarded as terrorist and antinational.
ties. Although there has been a progressive Ethnic discrimination has been a severe
increase in the power of the National As- problem. Bhutan claims that ethnic
sembly to make decisions, the selection and Nepalese are well represented in employ-
election of candidates still do not meet de- ment, in proportion with the total popula-
mocratic international standards. Individ- tion. However, human rights groups active
uals do not have the right to vote. Suffrage outside the country allege that the govern-
for electing members of the National As- ment underreports the percentage of eth-
sembly is one vote per family in a village. nic Nepalese within the total population.
Although modernized somewhat in the Since 1989, discriminatory measures have
1960s, the basic legal code dates back to the been carried out as part of an effort to af-
seventeenth century and does not contain a firm a stronger national identity based on
68 The Human Rights Encyclopedia

Young children attending open-air school in 1993.

the customs of the Buddhist Ngalong eth- are, however, prohibited, and conversion is
nic group. Nepali as a second language was illegal.
eliminated in school settings. Bhutan has Bhutan is not a signatory of the 1951
canceled the contracts of thousands of United Nations Convention Relating to the
Nepalese guest workers. The implementation Status of Refugees. Approximately 91,000
of a new citizenship law resulted in the de- ethnic Nepalese from Bhutan were still
naturalization of many Nepalese. In Septem- refugees in Nepal at the end of 1997. Addi-
ber 1990, this climate of repression prompted tionally, the United Nations High Commis-
ethnic Nepalese to organize a series of pub- sioner for Refugees (UNHCR) estimates that
lic, often violent, protests and demonstra- an additional 15,000 reside outside the
tions. Tens of thousands left the country camps in India and Nepal. There were re-
voluntarily or were forced to emigrate. ports that several ethnic Nepalese refugees
Despite tensions centered around the attempting to return were captured by
Nepalese presence and the heavy influence Bhutan security forces, tortured, and sent
of the Buddhist religious establishment on back across the border.
the government, citizens enjoy a reasonable The government has not cooperated with
degree of religious freedom. Missionaries Nepal, the UNHCR, and non-governmental
Bhutan 69

human rights organizations in negotiating tics. The government regards human rights
the return of refugees to Bhutan. It has non-governmental organizations (NGOs) as
claimed that many have no right to return illegal. Ethnic Nepalese exiles founded the
because they were never citizens of Bhutan Human Rights Organizations—Bhutan, the
to begin with. In 1997, the National As- People’s Forum for Human Rights in
sembly adopted a resolution stipulating Bhutan, and the Association of Human
that legal resident family members of eth- Rights Activists, but they cannot operate
nic Nepalese refugees were prohibited from within the country. Amnesty International
holding government jobs. Additionally, the has sent a few delegations to monitor
government resettled Buddhist Bhutanese human rights abuses.
on the lands vacated by Nepalese refugees
James R. Lewis
in the southern provinces. Schools that
were closed in 1990 remain closed, pre- Bibliography
venting ethnic Nepalese from acquiring a
Amnesty International. Amnesty International
primary education. Report 2000. New York: Amnesty Interna-
Gender discrimination is a problem as tional Publications, 2000.
well. Although women have become an in- U.S. Department of State. Bhutan Country Re-
creasingly presence in the social and eco- port on Human Rights Practices for 1998.
nomic life of the country, they remain Washington, DC: Bureau of Democracy,
underrepresented in government and poli- Human Rights, and Labor, 1999.
Bolivia
ca. About two-thirds of the population,
mostly subsistence farmers, live in poverty.
The economy has traditionally been char-
acterized by semifeudal systems and bouts
of hyperinflation. Since the Paz Estenssoro
administration of the late 1980s, however,
the country has experienced an improve-
ment in its economic conditions through a
series of reforms that have helped reduce
inflation, create conditions for sustained
growth, and alleviate poverty. Among the
most significant economic reforms are the
capitalization of numerous public sector en-
terprises and the strengthening of the fi-
nancial system. Further, the current
government has encouraged foreign invest-
ment as a means of boosting economic
growth and reducing poverty.

BACKGROUND
The Republic of Bolivia is located in tropical
South America. Its landlocked territory is The cultural and historical development of
bounded by Argentina, Brazil, Chile, Bolivia can be divided into three distinct
Paraguay, and Peru. Its population of ap- periods: pre-Columbian, colonial, and re-
proximately 7.8 million is composed of publican. The Quechua-speaking Incas
Quechuas (30 percent), Aymaras (25 per- controlled the territory from 1450 until the
cent), mestizos (30 percent), and Euro-Amer- Spanish conquest in 1525. During the
icans (15 percent). Roman Catholicism is the Spanish colonial period, this territory was
dominant religion. Other religions include under the authority of the Viceroy of Lima.
Evangelical Methodism and the Bahai faith. Spanish royal authority weakened during
Spanish is the official language, and other the Napoleonic wars, and independence
languages commonly used include Quechua from Spain was achieved on August 6,
and Aymara. La Paz, the capital city, at 1825, when the republic was established
11,800 feet above sea level, is at the highest and named after Simon Bolivar. Indepen-
elevation of all the world’s capital cities. dence, however, did not bring stability to
Despite numerous natural resources— the country. Coups, revolutions, and short-
minerals, hydrocarbons, and petroleum— lived constitutions dominated the country’s
Bolivia is still one of the poorest and politics during the following decades. More-
least-developed countries in South Ameri- over, the living conditions of the surviving

70
Bolivia 71

Amerindian population—forced to work consists of the president and the cabinet,


under primitive conditions in the mines and the legislative branch is a bicameral con-
on large estates—remained marginal. The gress, and the judiciary includes the
years before the 1952 revolution were char- Supreme Court and lower courts. Since
acterized by an increasing political aware- 1994, a series of laws and revisions have
ness among the indigenous people, as well been implemented to reform the judicial
as by the emergence of contending ideolo- system, which has long been characterized
gies and political parties, including the Na- by corruption and inefficiency. The Nation-
tional Revolutionary Movement (MNR), al Police have primary responsibility for in-
which led the 1952 revolution. ternal security, although military forces
The MNR introduced universal adult suf- play a significant role in critical areas such
frage, carried out sweeping land reforms, as antinarcotics enforcement.
promoted rural education, and nationalized
the country’s largest tin mines. Despite
HUMAN RIGHTS
these accomplishments, however, it also
committed serious human rights violations. Legal and institutional deficiencies consti-
Twelve years of MNR rule were followed by tute the primary obstacle to the full pro-
a series of coups, countercoups, and weak tection of human rights in Bolivia.
governments, including the government of According to civilian authorities who main-
General Luis Garcia Meza, which was no- tain control over security forces, some
torious for human rights abuses, narcotics members of the police and the military
trafficking, and economic mismanagement. forces are guilty of human rights abuses.
After years of social unrest, chronic strikes, Some of the violations—which include use
and inflation, the Paz Estennssoro admin- of excessive force, petty theft, extortion, and
istration of 1985–1989 achieved economic improper arrests—reportedly have taken
and social stability. The neoliberal eco- place against protesting coca growers and
nomic reforms begun by Jaime Paz Es- peasants, such as in the Chapare coca-
tenssoro were continued by both Jaime Paz growing region, where, in 1998, a number
Zamora and Gonzalo Sanchez de Lozada— of armed groups opposed the eradication
who undertook a capitalization program. of illegal coca. Further, despite the consti-
Under this program, investors acquired 50 tutional prohibition against torture, a num-
percent ownership and management con- ber of significant incidences of torture have
trol of public enterprises, such as the state taken place.
oil corporation, telecommunications sys- Prisons are generally overcrowded, some-
tem, and electric utilities. In 1997, Gener- times forcing inmates to sleep sitting up.
al Hugo Banzer Suarez won the elections Prison conditions are quite harsh, and in
and Congress selected him as president of some cases life-threatening for prisoners
the republic. Suarez’s government com- without money. The ability to pay can de-
mitted itself to shutting down illegal coca termine cell size and living conditions, vis-
cultivation and narcotics trafficking. iting privileges, day-pass eligibility, and
The constitution, which dates back to place and length of confinement. The stan-
1967, was revised in 1994. It provides for dard prison diet is very poor, and no ade-
balanced executive, legislative, and judicial quate health care is offered within the
powers. The traditionally strong executive prisons.
72 The Human Rights Encyclopedia

Arbitrary arrests are common, and de- complained of ongoing harassment by the
nial of justice through prolonged detention government, citing the government’s 1998
represents a serious human rights prob- revocation of civil registrations for three
lem. Persons are often incarcerated for long church-affiliated organizations.
periods of time before trial because of a se- The constitution prohibits discrimination
ries of problems with the judicial system, based on race, sex, language, religion, polit-
including judicial corruption and intimida- ical persuasion, origin, economic state, or so-
tion, a shortage of public defenders, inad- cial condition. Nevertheless, there is
equate case-tracking mechanisms, and significant discrimination against women, in-
complex criminal justice procedures. De- digenous people, and the small black minor-
spite the 1994 constitutional reforms ad- ity. Violence against women as well as against
dressing the problem of delayed justice, children is very common, and the Penal Code
most prisoners experience prolonged wait- does not define sexual harassment as a
ing periods either for trial or sentencing. crime. In 1995, Bolivia promulgated the Law
The constitution provides for the sancti- on Domestic and Family Violence, which
ty of the home and the privacy of citizens, makes rape a public crime and broadens the
as well as the fundamental right to express definition of family member abuse. Traffick-
ideas and opinions freely. However, abuses ing of women for purposes of prostitution is
take place, including illegal searches and also very common. Employment agencies
theft of property from homes, as well as often attract indigenous women to cities with
government attempts to intimidate the various promises of employment, and then
news media. Citizens have the right to free force them to become prostitutes.
assembly and association, and the govern- Although the law requires all children to
ment generally respects this right. There complete at least five years of primary
are no restrictions on travel, and refugees school, this requirement is poorly enforced,
are generally accepted for resettlement. particularly in rural areas, and child labor
The constitution guarantees freedom of is common. Despite 1997 regulations de-
religion, although it also stipulates that signed to implement the 1995 Law on Dis-
Catholicism is the official religion. Non- abilities, there are no special services or
Catholic religious organizations are re- infrastructures to accommodate people
quired to register with the Ministry of with disabilities.
Foreign Affairs and Worship. Minority reli- Discrimination against indigenous people
gions that have encountered problems are is a major problem. Indigenous people—who
the Unification Church and the Interna- are at the bottom end of the socioeconomic
tional Society for Krishna Consciousness scale—face severe disadvantages in health,
(ISKCON; the Hare Krishnas). On the pre- life expectancy, education, income, literacy,
text that ISKCON had registered as an ed- and employment. They are generally ex-
ucational organization rather than a ploited in the workplace, and some indigi-
religious organization, Bolivia sought to nous people are kept in a state of virtual
expel Hare Krishna in the mid-1980s. The slavery, especially in rural areas.
Supreme Court, however, declared this Workers are allowed to form and join or-
move illegal and ISKCON reapplied as a re- ganizations of their choosing, as well as to
ligious organization. Although legally reg- organize and bargain collectively. Workers
istered, in 1999, the Unification Church in the private sector often exercise the right
Bolivia 73

to strike. Although forced and compulsory


labor are prohibited, the practices of child
apprenticeship and agricultural servitude by
indigenous workers are very common. The
minimum wage of workers is very low and
does not provide a decent standard of living.
The standards for the protection of workers’
health and safety are poorly enforced, and
working conditions are generally bad, espe-
cially in the mining sector.
There are a number of human rights
monitoring groups in Bolivia. They usually
operate without government restriction, and
publish their findings on human rights
cases. The Human Rights Commission of
the Bolivian congress is particularly active
and often publicly criticizes the government.
James R. Lewis
Bibliography
Amnesty International. Amnesty International
Report 2000. New York: Amnesty Interna-
tional Publications, 2000.
Human Rights Watch. World Report 2000. New
York: Human Rights Watch, 2000.
U.S. Department of State. Background Notes:
Bolivia. Washington, DC: Bureau of Inter-
American Affairs, 1998.
———. Bolivia Country Report on Human Rights
Migrant worker carrying a heavy load of cotton on an estate Practices for 1999. Washington, DC: Bureau
near Santa Cruz. of Democracy, Human Rights, and Labor,
Bosnia and Herzegovina
prey to divisive forces within its own borders
set in motion following the death of Marshal
Tito, who had led Yugoslavia from the end
of World War II until his death in 1980. Tito
had, with dictatorial authority, been able to
unite the nation’s diverse ethnicities into a
modern state. Upon Tito’s death, however,
the country began to slowly unravel as a
consequence of ethnic politics.
The three dominant groups within Bosnia
are Serbs (40 percent), who are Eastern Or-
thodox; Croats (22 percent), who are
Catholic; and Muslims (38 percent). All
three are South Slav and all three speak
Serbo-Croatian. The principal distinction
between them is religion. Although these
differences strike outsiders as unimportant,
many ex-Yugoslavians perceive them as
critically defining. With Tito gone, differ-
ences turned to suspicion, and suspicion
Bosnia and Herzegovina is a state in south- to open warfare.
eastern Europe, bordering the Adriatic Sea, Until declaring independence, Bosnia
Croatia, Serbia, and Montenegro. Sarajevo and Herzegovina was a republic in the for-
is the capital city. The country’s population mer Yugoslavia. In 1986, the rise of Slobo-
of approximately 3.5 million includes Serbs dan Milosevic to power—a rise fueled by his
(31 percent), Muslims (44 percent) and Serbian nationalist agenda—led to ethnic
Croats (17 percent). An emergent parlia- tensions. Slovenia and Croatia, both dom-
mentary democracy, the state of Bosnia and inated by non-Serbian majorities, broke
Herzegovina has two constituent entities: away from Yugoslavia and declared inde-
the Muslim/Croat Federation of Bosnia and pendence in 1991. Bosnia and Herzegov-
Herzegovina and the Bosnian Serb-led Re- ina, the most ethnically diverse of the
publika Srpska (RS), each representing Yugoslavian republics, soon followed. Its
roughly one-half of the territory. At present, independence was recogized by most Eu-
the Federation and the RS are effectively ropean countries, as well as by the United
two separate nations. States. In May 1992, Bosnia and Herze-
govina was admitted to the United Nations.
However, not all Bosnians supported in-
BACKGROUND
dependence. In particular, the large Ser-
The former Yugoslavia, of which Bosnia and bian minority wanted to keep strong ties to
Herzegovina was a constituent republic, fell Yugoslavia, which now had a Serbian ma-

74
Bosnia and Herzegovina 75

A Sarajevo cemetery filled with the dead from Bosnia’s civil war.

jority. The Serbian minority in Bosnia de- In March 1994, Muslims and Croats in
clared independence, and, supported by Bosnia and Herzegovina signed an agree-
neighboring Yugoslavia, responded with ment establishing the Federation of Bosnia
armed resistance to the Bosian government and Herzegovina. Together, with some help
aimed at partitioning the republic along from NATO, and after much bloodshed,
ethnic lines and uniting the Serbian por- they were able to halt the Bosnian Serb ad-
tion of Bosnia and Herzegovina with vances. The conflict continued through
“greater Serbia” under Milosevic’s leader- most of 1995, ending with the Dayton Peace
ship. Yugoslavia supplied Bosnian Serbs Agreement signed in Paris on December 14,
with weaponry, and they proceeded to drive 1995, by Bosnian president Alija Izetbe-
all non-Serbians out of eastern Bosnia and govic, Croatian president Franjo Tudjman,
Herzegovina. Many atrocities were carried and Serbian president Slobodan Milosevic.
out in the name of “ethnic cleansing,” a This agreement left Bosnia and Herzegov-
process that used a terrorist campaign ina’s exterior border intact and created a
against all non-Serbs as a tool to chase joint multiethnic, democratic government.
them out of as much of Bosnia and Herze- In practice, Muslims, Croats, and Serbs
govina as possible. The eventual goal was to each dominated their own section of Bosnia
create an ethnically pure region consisting and Herzegovina. Since 1995, a NATO-led
entirely of Serbians. international peacekeeping force has been
76 The Human Rights Encyclopedia

in Bosnia and Herzegovina to implement The country remains heavily dependent


and monitor the military aspects of the on international assistance. Bosnia and
agreement. NATO has also facilitated civil Herzegovina has always been poor, and
reconstruction, the return of refugees and interethnic warfare has further aggravated
displaced persons, elections, and the free- the country’s economy and multiplied
dom of movement of the civilian population. human misery. However, in the past few
The Dayton Accords created a constitu- years, there have been some signs of re-
tion that calls for a central government com- vival, as reflected in increased exports.
posed of a two-chamber legislature, a
three-person presidency (which includes a
HUMAN RIGHTS
Bosian, a Serb, and a Croat), a council of
ministers, a constitutional court, and a cen- The human rights’ situation is still quite
tral bank. The national government is based poor. Many perpetrators of genocide and
on proportional representation and con- brutality during the war remain unpun-
ducts foreign, economic, and fiscal policy. ished. More than 20,000 persons are still
The government of each entity comprising missing and presumed dead. The Interna-
Bosnia and Herzegovina makes au- tional Commission on Missing Persons
tonomous administrative divisions and is (ICMP) supports the exhumation process
responsible for law enforcement in accord and pushes Bosnian authorities to supply
with internationally-recognized standards. information on missing persons. There con-
The judiciary is formally independent, al- tinue to be killings due to bombings and
though it is still subject to the influence of booby traps directed at ethnic minorities
political parties and the executive branch. trying to resettle in many areas.
Bosnia and Herzegovina 77

Police regularly commit human rights against women, including domestic violence
abuses in the form of torture or physical and rape, is a problem. Social pressure and
abuse of detainees and the excessive use shame often prevent victims of such abuses
of force against civilians. There are cases from complaining to the authorities. Traf-
of arbitrary arrest and detention in both the ficking of women from the former Soviet
Federation and the Republika Srpska (the Union for purposes of prostitution is a seri-
area of Bosnia and Herzegovina dominat- ous problem.
ed by the Serbians). Authorities in both en- Bosnian Serb and Croatian political lead-
tities have infringed on citizens’ rights to ers often encourage displaced persons of
privacy. The judicial institutions in both en- their respective ethnic group to move or to
tities are influenced by the dominant polit- stay in areas where they would be in the
ical parties. Even when independent majority. Incidents of religious-ethnic dis-
decisions are made, authorities often refuse crimination are common, especially in
to carry them out. Prison conditions are areas dominated by one ethnic group.
poor. These include desecration of graves, dam-
The authorities and leading political par- age to houses of worship, bombing of resi-
ties in their respective areas control the dential areas, dismissal from work, threats,
media, limiting freedom of speech and the assaults, and killings. Moreover, children
press. Foreign journalists have occasional- of various ethnic minorities suffer from dis-
ly been victims of harassment by local po- crimination in schools, where the educa-
lice or security officials for their alleged tion is centered on the values, history, and
association with opposition parties or eth- religious tradition of the local majority.
nic minority groups. However, opposition Children suffer the social stresses associ-
and independent broadcasts are gradually ated with the postwar era. However, there
expanding. International administrators has been a major improvement in the
oversee the two television networks, Feder- human rights situation of children since
ation State Television in the Federation and the war.
the Serb Radio Television in the RS. Freedom of movement within the country
Academic freedom is also restricted with has greatly improved since the end of the
all institutions suffering from lack of re- conflict. Additionally, new Bosnia and
sources and staff. Indirect political pres- Herzegovina passports have been issued to
sure limits freedom of assembly and enable international travel. Statistics on
association. It is generally believed that refugee return are difficult to obtain. How-
membership in a leading political party en- ever, it was estimated at the end of 1998
sures housing and high-level jobs in the that more than 1.4 million Bosnian citizens
state-owned sector of the economy. were still internally displaced or were
Although the constitution as established refugees abroad. Several factors prevent a
by the Dayton Accords prohibits discrimi- large number of returnees, including the
nation based on sex, race, language, reli- continued influence of ethnic separatists,
gion, and national or social origin, the level of control over allocation of com-
discrimination is a very long way from being munally owned property, and lack of em-
eliminated. Women remain underrepresent- ployment opportunities for returnees.
ed in government and occupy few positions Bosnia and Herzegovina grants asylum
of economic power. Moreover, violence and refugee status in accordance with in-
78 The Human Rights Encyclopedia

ternational standards, and generally coop- recommendations made by human rights


erates with the United Nations High Com- monitors.
missioner for Refugees (UNHCR). However,
James R. Lewis
the war in Kosovo resulted in approximate-
ly 10,000 Kosovo refugees staying in the Bibliography
country and Federation authorities often ob- Amnesty International. Amnesty International
structed the UNHCR’s efforts to assist them. Report 2000. New York: Amnesty Interna-
International and local human rights tional Publications, 2000.
organizations operate and travel without Benedek, W. (Ed.). Human Rights in Bosnia and
restriction throughout the country. Inter- Herzegovina after Dayton: From Theory to
national community representatives have Practice. Cambridge, MA: Kluwer Law Inter-
access to detention facilities and prisoners national, 1999.
in both the Federation and in the Republi- Human Rights Watch. World Report 2000. New
York: Human Rights Watch, 2000.
ka Srpska. The Dayton Accords created the
U.S. Department of State. Bosnia and Herze-
Human Rights Chamber and the Office of
govina Country Report on Human Rights Prac-
Human Rights Ombudsperson, whose
tices for 1998. Washington, DC: Bureau of
caseload has greatly expanded in recent Democracy, Human Rights, and Labor, 1999.
years. There has been some harassment ———. Bosnia and Herzegovina Country Report
and intimidation of members of human on Human Rights Practices for 1999. Wash-
rights groups. Additionally, authorities in ington, DC: Bureau of Democracy, Human
all regions have rarely been responsive to Rights, and Labor, 2000.
Botswana
1886, Botswana achieved full independence
in 1966 and is a member of both the Unit-
ed Nations and the Organization of African
Unity.

BACKGROUND
Botswana is a multiparty constitutional
democracy. Its citizens change the govern-
ment through periodic elections based on
universal adult suffrage. The president is
the chief of state and the head of the gov-
ernment. He is elected by the National As-
sembly every five years. The president
appoints members of the cabinet. The pop-
ularly elected National Assembly holds leg-
islative power. The House of Chiefs,
representing the eight principal subgroups
of the Batswana tribe, holds no legislative
power but it may offer its views to both the
The Republic of Botswana is situated in president and the National Assembly on
central southern Africa; it is bounded on Legistation. The Botswana Democratic
the south and southeast by South Africa, Party holds the majority of seats in the Par-
on the west and north by Namibia, and on liament. The judiciary is independent.
the northeast by Zimbabwe. It has a popu- Chiefs and other traditional leaders handle
lation of approximately 1.5 million. The minor offenses in customary courts
term “Batswana” denotes all citizens and throughout the country. Decisions may be
at the same time refers to the country’s appealed through the civil court system.
major ethnic group (95 percent), descen- Botswana’s economy is primarily sub-
dants of the Tswana in South Africa who sistence farming and cattle raising. This
immigrated to the area during the Zulu sector is, however, plagued by poor soil and
wars of the early 1880s. A small commu- erratic rainfalls, and accounts for only
nity of descendants of European immi- 4 percent of the GDP. The unemployment
grants (1 percent) and other minorities rate is estimated at 40 percent. Tourism
(4 percent) reside in the country. About 50 and diamond mining constitute significant
percent of the population is Christian; the sectors of the economy. Because of its deep
other half practice indigenous religions. ties to the Southern African Custom Union
English is the official language. Gaborone is (SACU), the national currency occasional-
the capital city. A British protectorate since ly suffers from fluctuations in value. With

79
80 The Human Rights Encyclopedia

the admission of South Africa to the World cast media and complaints have been made
Trade Organization, however, many of those about limited access to the radio and cen-
limitations have declined and Western sorship of press releases by opposition
products have gained more circulation. politicians.
All religious groups are required to reg-
ister by submitting their constitutions to
HUMAN RIGHTS
the Ministry of Home Affairs. Unregistered
Human rights problem areas include the religious organizations can be fined and
occasional use of intimidation techniques members jailed. The Unification Church is
by the police to obtain confessions from de- the only religious group to ever be denied
tainees. Corporal punishment is still in- registration on grounds of public order pro-
flicted on villagers found guilty of visions in the constitution. Although it has
infractions by customary courts. Prisons petitioned this decision, the church has not
are overcrowded. The judiciary is inefficient challenged the ministry in the courts.
because of a serious backlog of cases. Discrimination is common against
Citizens generally enjoy freedom of ex- women, mostly in rural areas. Traditional
pression; the independent press is often practices restrict civil and economic op-
critical of the government. However, the portunities for women. Customary law al-
government has a monopoly on the broad- lows men to “chastise” their wives. In some

Impoverished child taking a bath in an open tub.


Botswana 81

cases, girls do not have access to educa- ed by any local or national government, and
tion because of traditional prejudices. They they live in complete isolation. As a result,
are also greatly underrepresented in poli- their rights are not protected.
tics. Violence, especially in the form of do- Botswana generally respects workers’
mestic abuse and rape, is widespread. The rights, although safety legislation and min-
government has issued new legislation to imum wage regulations are not always en-
address the problem by reviewing non-ex- forced. Some limitations in forming
istent sentencing requirements and in- associations apply to government employ-
creasing penalties for all forms of sexual ees. The right to strike is severely restrict-
assaults. ed by the law. The government does not
Child abuse is a serious issue. Local restrict the activities of domestic or inter-
human rights groups have reported an in- national human rights groups.
creasing number of cases of incest, whose
James R. Lewis
victims are mostly young girls. Education is
not compulsory, but the government pro- Bibliography
vides free primary education. Although il-
legal, child labor is practiced in some Amnesty International. Amnesty International
Report 2000. New York: Amnesty Interna-
remote areas of the country.
tional Publications, 2000.
In general, Botswana’s indigenous and
Central Intelligence Agency. The World Factbook
non-indigenous minorities, such as the
2000. Washington, DC: Office of Public Af-
white and Asian communities, are not sub- fairs, 2000.
ject to discrimination. The exception is the Human Rights Watch. World Report 2000. New
nomadic Basarwa (Bushmen), who lived in York: Human Rights Watch, 2000.
the Central Kalahari Game Reserve and who U.S. Department of State. Botswana Country
were recently forced to settle outside the re- Report on Human Rights Practices for 1999.
serve. Conditions in the new settlements are Washington, DC: Bureau of Democracy,
precarious. The Basarwa are not represent- Human Rights, and Labor, 2000.
Brazil
The president chooses its eleven judges,
who are then confirmed by the Senate for a
life appointment. Major political parties and
their leaders include the Brazilian Democ-
ratic Movement Party, the Liberal Front
Party, and the Worker’s Party.
Brazil’s per capita GDP is estimated at
$6,150 as of 1999. Poverty is a major prob-
lem, with 40.9 percent of Brazil’s 171 mil-
lion inhabitants living below the poverty
line and the richest 10 percent controlling
more than half the nation’s wealth. High
levels of poverty, combined with an unem-
ployment rate of 7.5 percent, contribute to
a widespread system of forced labor. In
Brazil, a country whose economy is one of
ten largest in the world, it is estimated that
tens of thousands forced laborers were
used in charcoal camps, lumber mills, on
sugar plantations, and in the gold mines.
Located on the eastern coast of South By 1998, the number had dropped to
America, Brazil is a federal republic. The around 600.
largest country in South America, Brazil is
divided into twenty-six states and one fed-
HUMAN RIGHTS
eral district. Its capital is Brasilia. It re-
ceived its independence from Portugal on Numerous human rights violations are as-
September 7, 1822. Its population is esti- sociated with the Brazilian plantation sys-
mated at 171 million as of July 1998. tem. The owners (empreiteros) of these
plantations, ranches and camps hire re-
cruiters (gatos) to first recruit and then to
BACKGROUND
oversee workers. In the charcoal camps, the
A president heads the executive branch as gatos are ordinarily paid with a percentage
chief of state and head of government. The of the total profit and given minimum quo-
legislative branch consists of the bicamer- tas for charcoal production. The empreit-
al Congresso Nacional (National Congress), eros also expect the gatos to pay the
divided into the Senado Federal (Federal workers out of their own share of the prof-
Senate) and the Camara dos Deputados its. This creates a system in which the gatos
(Chamber of Deputies). The judicial branch have a strong financial motivation to cheat
consists of the Supreme Federal Tribunal. or enslave workers.

82
Brazil 83

Young children scavenging for food in a Rio de Janeiro garbage dump.

Gatos arrive at poor villages announcing lyptus logs into ovens to produce charcoal.
well-paying jobs working at rural planta- Working conditions are often unsafe, with
tions, ranches, and camps. The recruiters intense heat and smoke burning workers’
tell the men that they will earn steady wages, noses, eyes, and throats. Some workers
that their living expenses will be paid, and must climb inside the ovens to empty char-
that the ranch owner will pay for regular coal. These workers perform this job almost
trips home to see their families. Before they naked because of the heat, exposing their
leave their villages, gatos give the men’s fam- skin to burns. Heatstroke and dehydration
ilies money, and on the trip they are told are common afflictions, while many work-
they can eat whatever they want. New work- ers suffer from infected burns.
ers travel in trucks to the ranches or camps, The only lodging many of these laborers
which are often in remote areas. Upon ar- are provided is a tent consisting of four
rival, the gatos take the workers’ identifica- poles covered by a black plastic sheet.
tion and labor cards. The gatos then tell the Many camps have no electricity, latrines,
men that they are in debt because of the cost or stores in which to buy provisions, so that
of the trip, the food they ate, and the money workers are dependent on the gatos for food
that was given to their families. and medical supplies. The prices of these
In the charcoal camps, the forced labor- are inflated and added to the workers’ debt.
ers work from dawn to dusk clearing the Because many ranches are so isolated,
rain forest, in addition to stacking euca- most workers do not attempt to escape.
84 The Human Rights Encyclopedia

Gatos also occasionally pay workers, al- killings for hire, kidnapping for ransom,
though usually late and below the agreed and other violations. The number of citi-
rate, in an effort to woo other workers into zens killed in conflicts with the police in
believing that they, too, will be paid some- Sao Paulo state rose 17 percent from 1997
day. These two factors help keep laborers in to 1998. Police there claimed that 80 per-
the camps. cent of the victims were resisting arrest, de-
Although some debts last over genera- spite the fact that 60 percent had no prior
tions, most men remain in the camps for police records. Off-duty police officers com-
three years or less. After the trees are cut mitted 31 percent of the homicides that oc-
down, the workers’ labor is no longer need- curred during this period. In 1997, the
ed. Workers also become ill and exhausted human rights division of the Belo Horizonte
after a few months’ work, particularly in public prosecutor’s office reported that in
the charcoal ovens, so that it is more cost- the previous seven years, it had received
effective for the gatos to discharge them, nearly 100 complaints of “disappearances”
rather than to keep workers who can no of people from Belo Horizonte in which po-
longer work at full strength. When the men lice were allegedly involved.
are dismissed from the camps, they are left Off-duty police are also implicated in “so-
in a remote area without money or the iden- cial cleansing,” or the killings of persons
tification and labor cards necessary for considered undesirable, such as criminals,
them to get jobs elsewhere. street children, and homosexuals. In 1997,
In 1995, the Brazilian government enact- 207 children were killed in the city of Sal-
ed significant reforms within the charcoal vador, an increase of 39 percent since 1996.
camps surrounding the state of Mato Grosso Homicide has become the leading cause of
do Sul. Women and children were expelled death for fifteen- to seventeen-year-olds,
from over 200 batterias (areas surrounding with this rate more than tripling since
the camps), and were no longer allowed to 1980. Many of these killings are attributed
work in the camps. In addition, the federal to police death squads.
government of Brazil introduced a system of Prison conditions in Brazil are also an
education grants that pays fifty reals a area in which human rights violations fre-
month to children of charcoal laborers, as quently occur. Severe overcrowding is com-
long as the child stays in school. A model mon. The Ministry of Justice reported that
camp was also set up with electricity, plumb- in 1997, prisons nationwide held 101,482
ing, a school, a dining hall, and playing fields prisoners, although the prison system was
and toys for the children. Charcoal laborers, designed to hold 74,592. Because of this
however, continue to work in unsafe condi- overcrowding, penal authorities are unable
tions for below subsistence wages. Problems to separate minor offenders from violent
with forced labor also continue in other parts criminals. Prison authorities in the Santa
of the country. Cruz neighborhood of Rio de Janeiro also
Brazil also has problems with human stated that temperatures in jail cells reached
rights violations by its state police forces. 115 degrees, and water shortages were com-
These police forces commit many extraju- mon. According to the Catholic Church’s
dicial killings, torture suspects under in- prison ministry, guards beat the twenty-four
terrogation and conduct illegal searches. prisoners housed in the “dungeon” section
Off-duty police have been implicated in of Sao Paulo’s Carandiru prison.
Brazil 85

Brazilian women also face human rights human rights abuses. A BBC documentary
abuses. Female murder victims in Brazil about charcoal making in Brazil, and a
are thirty times more likely to be killed by front-page article in the New York Times on
a current or former lover or spouse than by the use of slave labor in Mato Grasso played
any other person. Rapes reported to the po- a key role in the government’s decision to
lice in the state of Rio de Janeiro increased end child labor in the charcoal camps. Pub-
34 percent between 1994 and 1997; how- licity for indigenous tribes such as the
ever, both state authorities and women’s Yanomami has also played a major role in
rights activists agree that many rapes are advancing in human rights for those tribes.
not reported. The Sao Paulo Center for As- So far, the international community has not
sistance to Female Victims of Sexual Vio- reacted strongly enough to end human
lence stated that 400 women sought the rights abuses in Brazil, though officials
center’s help after receiving no police as- there are making slow progress in improv-
sistance. Many cities and towns do, how- ing conditions there.
ever, have special police offices for dealing
Kerry Richmond and Autumn Smith
with domestic and sexual violence against
women; these offices total over 200.
Brazil’s approximately 330,000 indige-
Bibliography
nous people also experience violations of
their rights in connection with their tradi- Amnesty International. Amnesty International
tional lands. Though they are constitu- Report 2000. New York: Amnesty Interna-
tionally guaranteed the right to their own tional Publications, 2000.
lands, many indigenous rights groups claim Human Rights Watch. World Report 2000. New
York: Human Rights Watch, 2000.
that the government does not allow them
Sutton, Alison. Slavery in Brazil. London: Anti-
sufficient participation in decisions affect-
Slavery International, 1994.
ing their lands. They also criticize the lack
U.S. Department of State. Brazil Country Report
of resources offered to them to provide on Human Rights Practices for 1998. Wash-
health care and other services, as well as to ington, DC: Bureau of Democracy, Human
prevent illegal mining, logging, and ranch- Rights, and Labor, 1999.
ing on Indian lands. ———. Brazil Country Report on Human Rights
Media pressures have had a significant Practices for 1999. Washington, DC: Bureau
influence on Brazilian officials confronting of Democracy, Human Rights, and Labor,
Brunei
ic faith. Brunei has large oil and gas re-
serves, which, when coupled with its small
population, give it a very high per capita
gross national product.

HUMAN RIGHTS
Human rights in Brunei remain poorly pro-
tected. Citizens do not vote, nor do they
have the right to change their government.
Most citizens of Brunei avoid political ac-
tivity. In Brunei, there is no freedom of
press, expression, assembly, or association.
Religious freedom is severely curtailed and
widespread discrimination against women
continues.
There are no laws restricting freedom of
speech or freedom of the press. However,
the sultanate has used its emergency au-
thority to restrict these freedoms in prac-
Brunei is an island country in the South tice. Editions of foreign newspapers or
China Sea on the north coast of Borneo. A magazines whose content is critical of ei-
constitutional sultanate, it has been ruled ther the sultanate or the government are
by the same family for six hundred years. not allowed into the country. Christian lit-
It has a single legislative body, although its erature is heavily censored. The national
members are not popularly elected—they paper, the Borneo Bulletin, appears to prac-
are appointed by the sultan. A constitution tice self-censorship in regard to these sub-
drafted in 1959 gave the legislature some jects, although it has printed some
political power, but in 1962, the sultan in- anonymous letters to the editor that were
voked an article of the constitution that al- critical of the government. In 1997, an Eng-
lowed him to assume emergency powers for lish-language newspaper began publishing
two years. This article has been regularly these letters, which, observers state, indi-
renewed since that time. The state of emer- cates a relaxation of restrictions on the
gency clause places few limits on the pow- press. The only local television station
ers of the sultan. The sultan serves as is government owned, although a fourteen-
prime minister, minister of defense, minis- channel cable network makes programming
ter of finance, chancellor of the national from the Cable News Network and the
university and superintendent of the na- British Broadcasting Corporation easily
tional police force, and leader of the Islam- available.

86
Brunei 87

It is difficult to accurately measure the authorities often investigate and arrest ad-
extent to which freedom of assembly is re- herents of radical Muslim beliefs.
stricted, or the resolve of the government In 1991, the government introduced an
to prevent it, because organized opposition initiative called Malayhu Islam Beraja (MIB),
to the government is rare and citizens al- or “Malay Muslim monarchy.” It is a re-
most never criticize it. In the past, howev- assertion of traditional Muslim values as a
er, the Brunei authorities have quickly national ideology. Under this program, the
arrested those who have attempted to pro- government can and does prohibit prosely-
mulgate dissident political views. tizing of other religions, denies entry to for-
Political parties, which were banned in eign clergy, and bans the importation of
Brunei until 1967, are still limited to pur- religious paraphernalia such as teaching
suing activities that do not “endanger peo- materials or scriptures. In July 1998, au-
ple.” Membership in political parties is open thorities began a series of raids on clubs
to all citizens who do not work for the gov- and restaurants frequented by foreign res-
ernment in any capacity—although 60 per- idents and workers in order to seize alcohol
cent of all employed citizens are civil and foods that had not been prepared in ac-
servants or security force personnel. The cordance with halal requirements (Islamic
largest political party held a government- requirements for the slaughter of animals;
sanctioned assembly in 1995, in which only it also prohibits the consumption of pork).
fifty people participated. Subsequently, the Brunei’s schools are not allowed to teach
government attacked the leader of the group the history of any religion other than Islam.
for an interview he gave to a regional news In accordance with the precepts of the
magazine. International philanthropic orga- Koran, women are denied equal status with
nizations such as Rotary and Kiwanis have men in matters of divorce, inheritance, and
a presence in Brunei, although they are not custody. Citizenship is transmitted through
allowed to accept Muslims as members. males exclusively. The children of female
The constitution of Brunei asserts the es- citizens and male foreigners are not con-
sential Muslim character of the govern- sidered citizens, even if they are born in
ment, but allows freedom of religion for all Brunei. For this reason there is a substan-
its citizens as long as they practice in tial population of “stateless” children, esti-
“peace and harmony” with the rest of soci- mated at more than 5,000. Within the
ety. Nevertheless, the government’s stance government, women do not receive pay-
on religion has been decidedly fearful of ment or benefits on parity with men. They
outsiders as it routinely restricts the prac- tend to get less vacation, make less money,
tice of non-Muslim religions. Brunei citi- and their jobs are not as secure.
zens deemed to be religiously in error are The number of cases of spousal abuse is
subjected to study seminars led by Islam- not documented, although only ten women
ic religious leaders in which they are shown and their families stayed at a women’s shel-
the error of their ways. The government’s ter run by the Social Affairs Service in 1999.
concern with radical forms of Islam is also Men who are guilty of rape or spousal abuse
noteworthy. Observers have stated that the can expect terms of one to three years in
authorities seem more concerned about Is- jail, along with three to six strokes of the
lamic “opportunists” than they are with cane. Female domestic servants are the
purveyors of unwelcome political views. The most at-risk group for abuse. They are often
88 The Human Rights Encyclopedia

beaten or refused the right to leave the dissatisfaction with the authorities. The ma-
house on their days off. Many domestics are jority of the Brunei authorities’ human rights
foreign workers who are unable or unwilling violations have occurred under the pretext of
to voice their complaints. However, when public safety, and most citizens seem to ac-
such complaints are brought, the govern- cept the governmental restrictions placed
ment is usually quick to investigate. upon them despite their affluence.
There are no statistics regarding chil-
Eric Busch
dren’s welfare; however, traditional com-
mitment to the family and the high
standard of living provide most children Bibliography
with a healthy environment. Education is
Amnesty International. Amnesty International
free, compulsory, and universal for nine
Report 2000. New York: Amnesty Interna-
years. Poverty is almost non-existent, and
tional Publications, 2000.
there were only eighteen cases of child Human Rights Watch. World Report 2000. New
abuse reported in the first half of 1995. York: Human Rights Watch, 2000.
In the area of human rights, Brunei is an U.S. Department of State. Brunei Country Re-
exceptional case. Although there has been port on Human Rights Practices for 1998.
some criticism of the government in recent Washington, DC: Bureau of Democracy,
years, most citizens have not shown their Human Rights, and Labor, 1999.
Bulgaria
ia. A referendum in 1946 ended the monar-
chy, and Bulgaria was declared a people’s
republic. In 1947, the Fatherland Front
won 70 percent of votes, and Communist
Party leader Georgi Dimitrov became prime
minister. In 1947, the government declared
the country a communist state. Neverthe-
less, Bulgaria, although a member of the
Warsaw Pact, never hosted Russian mili-
tary units inside its territory.
In 1989, Todor Zhivkov was deposed and
the Communist Party was renamed the
Bulgarian Socialist Party (BSP). A new con-
stitution took effect on July 13, 1991. In
November 1991, Bulgaria ran its first fully
democratic elections, which were won by
the Union of Democratic Forces (UDF) and
the Movement for Rights and Freedoms
(MRF). When the coalition collapsed in
1992, the civil service became the de facto
The Republic of Bulgaria is located in south- government and administered the Republic
eastern Europe. It is bounded on the north of Bulgaria for the following two years. In
by Romania; on the west by the former Yu- 1994, the BSP won the elections and
goslavia; on the south by Greece; on the formed a government that held office until
southeast by Turkey; and on the east by the 1997. That year, the population demanded
Black Sea. It has a population of approxi- new elections due to increasing corruption
mately 8 million. The official language is in the BSP. In April 1997, the Union of De-
Bulgarian. Other languages include Turk- mocratic Forces (UDF) won the election,
ish and Roma. The official religion is Or- winning 123 of 240 seats in Parliament. Its
thodox Christianity. Muslims and Catholics electoral coalition partner, the People’s
constitute the largest religious minorities. Union, won fourteen seats.
Bulgaria has been a parliamentary
democracy since 1990. The president of the
BACKGROUND
republic is the head of state and comman-
After gaining independence from the Ot- der-in-chief of the armed forces. A presi-
toman Empire in 1887, Bulgaria became a dent is elected every five years. The
constitutional monarchy. During World Parliament is composed of the National As-
Wars I and II, Bulgaria was allied with Ger- sembly, which counts 240 members who
many. In 1944, the USSR invaded Bulgar- are elected every four years. Political parties

89
90 The Human Rights Encyclopedia

must garner a minimum of 4 percent of the son pellet from the tip of an umbrella.
national vote to enter Parliament. The Par- Markov’s family believes that former com-
liament is responsible for enacting laws, munist dictator Todor Zhivkov ordered the
approving the budget, scheduling presi- killing. There has also been no progress in
dential elections, selecting and dismissing the trial concerning the notorious death
the prime minister and other ministers, de- camps set up by the communists after they
claring war and deploying troops outside of took power in 1944.
Bulgaria, and ratifying international The constitution expressly prohibits tor-
treaties and agreements. The majority party ture and cruel, inhuman, or degrading
in Parliament nominates the prime minis- treatment. Despite this prohibition, police
ter and the council of ministers. The cabi- regularly beat criminal suspects and mem-
net must resign after receiving a vote of no bers of minorities. In particular, security
confidence in the Parliament. Bulgaria’s ju- forces physically abuse Romani street chil-
dicial system is independent and is man- dren. There have also been allegations that
aged by the Supreme Judicial Council. police beat nonviolent protesters. On July
Since 1990, the bulk of Bulgarian trade 10, 1998, approximately eighty policemen
has shifted from former COMECON coun- raided the village of Mechka, beat more
tries to the European Union, although than thirty Roma with truncheons, broke
Russian oil exports to Bulgaria make Rus- down doors, and smashed windows and
sia Bulgaria’s largest single trading part- furniture in Romani houses. The police beat
ner. Bulgaria joined the World Trade men, women, and children indiscriminate-
Organization (WTO) in 1996. Bulgaria’s ly, while insulting the villagers with ethnic
slow pace of privatization, a number of con- slurs. Those beaten reported that the po-
tradictory tax and investment policies, and lice showed no warrants and gave no ex-
a financial crisis have kept its foreign in- planation for their actions.
vestment among the lowest in Central and According to reports, criminal suspects
East European countries. Total direct for- in police custody run a significant risk of
eign investment from 1991 through 1998 being mistreated. Human rights observers
was $2.02 billion. fear that conditions in detention facilities
may be exceptionally poor; they have been
unable to obtain access to them to conduct
HUMAN RIGHTS
inspections. Conditions in some prisons are
Human rights observers have reported ex- harsh and are characterized by severe over-
cessive use of force by the police. Several crowding, inadequate lavatory facilities, and
cases of deaths in custody in 1997 remain insufficient heating and ventilation. Prison
unsolved. Most of the unsolved cases have guards treat inmates brutally. In some
involved members of the Roma (“Gypsy”) cases, prisoners who complained were
minority and political dissidents. The case placed in solitary confinement. The Bul-
of the murder of former Prime Minister garian Helsinki Committee (BHC) reports
Andrei Lukanov in 1996 is still unsolved. that tuberculosis is a growing problem in
In October 1998, the government closed the prisons, especially in those that do not have
case of the unresolved “umbrella” murder of their own in-house enterprises or agricul-
dissident Georgi Markov, which took place tural production, and hence lack the addi-
in London in 1978, by the injection of a poi- tional resources to purchase more food. The
Bulgaria 91

Women’s dormitory in a mental hospital, 1991.

process by which prisoners may complain ciary is slow and inefficient in pursuing
about substandard conditions or about abuses against minorities.
mistreatment does not function effectively. Despite certain legal uncertainties, the
The constitution provides for protection broadcast media operates reasonably freely.
against arbitrary arrest and detention. Nev- Nevertheless, there have been accusations
ertheless, police often arbitrarily detain and of political censorship, especially after a
arrest street children, particularly Roma. February 1998 episode of the satirical tele-
Pretrial detention is supposed to last no vision program “Hushove” (Bulgarian for ex-
more than two months, but extensions up iles or outcasts) was canceled following a
to six months can be granted by the au- critical and unflattering portrayal of the gov-
thorities. However, some citizens have been ernment. A variety of newspapers are pub-
detained for up to two years. There are legal lished freely by political parties and other
provisions for bail, but it is not often grant- organizations, and represent the full spec-
ed or requested. The constitution stipulates trum of political opinion. Many reflect the
fair trials for all citizens and the judiciary is views of their ownership. According to the
independent. However, the judiciary has non-governmental organization Human
many problems resulting from corruption, Rights Watch, at least eleven violent attacks
low salaries, and understaffing. The judi- have been carried out against media repre-
92 The Human Rights Encyclopedia

sentatives in recent years, including physi- Human Rights Watch reports that police
cal assaults and bombings of newspaper of- have arrested children and adult members
fices. Attempts to intimidate journalists of Jehovah’s Witnesses for distributing re-
investigating corruption were thought to be ligious tracts, and have detained other
the motivation for the attacks. members of Jehovah’s Witnesses for pros-
Discrimination against and harassment elytizing. The Church of Jesus Christ of
of nontraditional religious minorities (in- Latter-Day Saints (Mormons) also report-
cluding the great majority of Protestant ed several incidents of harassment by po-
religious groups) is a major problem. Intol- lice and by local authorities, with police
erance of non-Bulgarian Orthodox Christ- interrupting services to demand passports
ian religions, often couched in terms of and registration documents for the Church
Bulgarian patriotism, fuels public pres- and its members.
sure on public officials to contain “foreign” At the Department of Theology of Sofia
sects. Groups as diverse as the Jehovah’s University, all students are required to pre-
Witnesses, the Church of God, and the Em- sent a certificate of baptism from the Or-
manuel Bible Center have been adversely thodox Church, and married couples must
affected by such attitudes. Numerous arti- present a marriage certificate from the
cles in a broad range of newspapers and tele- Church in order to enroll in the depart-
vision documentaries have presented lurid ment’s classes. In 1996, two non-Orthodox
and inaccurate pictures of such groups, at- applicants were denied admission to the
tributing the breakup of families and drug department when they were unable to pre-
abuse by youths to the practices of these sent such certificates. The applicants then
groups. There have also been allegations of appealed to the local court, which decided
evangelicals drugging young children. in favor of both applicants. Following the
Thus, despite a constitutional provision court decision, however, the university
mandating freedom of religion, the govern- changed its requirements, effectively ex-
ment in fact restricts this right for some cluding both students on other grounds.
non-Orthodox religious groups. The re- There has also been a disturbing ten-
quirement that groups whose activities dency for some municipalities to enact ar-
have a religious element register with the bitrary regulations that have no purpose
Council of Ministers remained an obstacle other than to harass minority religious
to the activity of some religious groups, groups. For instance, a regulation passed
such as the Church of the Nazarene and by the Sofia municipality in February 1999,
the Unification Church, prior to or in the forbids references to miracles and healing
absence of this registration. A number of during religious services, a provision that
municipal governments have also set up can easily be used as a pretext to ban or
local registration requirements for religions, interrupt services by charismatic and evan-
and have used non-registration as a pre- gelical groups. This regulation cites a 1949
text for harassing or otherwise interfering law, which is technically still in effect, that
with the activities of certain minority forbids foreigners from proselytizing and
religions. The lack of registration was an administering religious services in the
obstacle to the activities of Jehovah’s Wit- country.
nesses prior to the group’s registration in Citizens enjoy freedom of movement
November 1998. within and outside the country. Moreover,
Bulgaria 93

the government generally grants asylum or cutors are hindered in their efforts to ad-
refugee status in accordance with the stan- dress the problem because of fear of
dards of the United Nations. There have, reprisals from organized crime groups. The
however, been cases in which bona fide large number of victims is at least partially
refugees were turned away at the border attributable to the high unemployment rate
and forced to return to countries in which for young women in Bulgaria.
they feared persecution. Bulgaria is committed to children’s rights,
Although the constitution forbids dis- but because of a lack of funding, children’s
crimination on the basis of sex, race, and re- programs are not implemented efficiently.
ligion, discrimination still exists. Violence The government is also committed to help-
against women, especially domestic violence, ing people with disabilities. However, most
is a serious problem. There are no public or of the buildings and public transportation
private shelters for battered women, and the vehicles do not meet with the needs of the
judiciary tends to ignore such cases. Women disabled. In many areas of the country, a
suffer discrimination in employment and in- lack of funds is a great obstacle to provid-
come compared with men. ing services to the disabled.
Despite a law against trafficking in
James R. Lewis
women that was enacted in 1997, and de-
spite the creation of two new antitrafficking Bibliography
police units, trafficking in women and girls
Amnesty International. Amnesty International
continues to be a serious problem. La Stra-
Report 2000. New York: Amnesty Interna-
da, a Netherlands-based human rights or-
tional Publications, 2000.
ganization, reports that as many as 10,000 Human Rights Watch. World Report 2000. New
Bulgarian women are victims of forced pros- York: Human Rights Watch, 2000.
titution, one of the largest such groups in U.S. Department of State. Bulgaria Country Re-
Europe. This is a highly profitable trade, port on Human Rights Practices for 1999.
and in some areas local Bulgarian officials Washington, DC: Bureau of Democracy,
and police are involved. Judges and prose- Human Rights, and Labor, 2000.
Burkina Faso
has not been able to substantially increase
its per capita gross national product.

HUMAN RIGHTS
There are serious problems with Burkina
Faso’s human rights record. The domi-
nance of the president and the ruling party
make it difficult for citizens to exercise their
right to change their government. Moreover,
its security forces—including the armed
forces, the Presidental Guard, the gen-
darmerie, and the police—have committed
a number of human rights abuses.
One of the most politically divisive inci-
dents was the murder of the international-
ly respected journalist and editor, Norbert
Zongo, in December 1998. Public outrage at
his death resulted in widespread social un-
rest, including demonstrations (some vio-
Burkina Faso is located in western Africa, lent) and strikes throughout the country in
north of Ghana. Formerly known as Upper early part of 1999. Opposition political par-
Volta, Burkina Faso gained its indepen- ties, working with students, journalists,
dence from France in 1960. Its current and human rights organizations, formed a
president is Blaise Compaore, and the gov- coalition in response to Zongo’s assassina-
ernment is dominated by the Congress for tion, calling for the capture of his killers
Democracy and Progress Party, or CDP. and an end to the impunity of law enforce-
Most of the population engages in subsis- ment officials.
tence agriculture. Frequent droughts, com- The government commission assigned to
bined with a weak infrastructure and a 77 investigate Zongo’s death produced a final
percent illiteracy rate, often compound report in May 1999. The report did not
Burkina Faso’s economic difficulties. Since name any suspects, although it did name
1991, the government has been implement- six members of the Presidential Guard, who
ing a plan to open its economy to outside gave suspicious testimony concerning their
market forces and regain control of its large whereabouts on the day of the murder. The
national debt. In the 1990s, Burkina Faso report also noted that documents, which
has noticeably improved life expectancy, lit- may have clarified the contradictory testi-
eracy, and school attendance, although it mony of the suspected guards, were prob-

94
Burkina Faso 95

ably destroyed immediately following the prison visits are only granted at the discre-
murder. Due to public outcry over the find- tion of prison authorities, and there have
ings of the commission, President Com- been problems in obtaining this permission.
paore announced a plan to continue the Members of government security forces
investigation. He pardoned every citizen continue to arrest citizens arbitrarily and
who had been arrested during demonstra- without due process. The average time of de-
tions on Zongo’s behalf, and said he would tention without charge is one week; the law
call for new parliamentary elections if nec- allows for an unlimited number of six-month
essary. Despite all these actions, Zongo’s detention periods. Police have arrested and
killers have still not been found. detained protesters and journalists.
There were reports of extrajudicial killings The Zongo killing focused national atten-
by security forces in 1999. One case involved tion on the problems of the judicial system,
a national power company employee who which include excessive executive influence
was beaten to death after trying to resolve a over judges, obsolete legal codes, and a lack
traffic dispute between his friend and a gen- of physical and human resources. The right
darmerie commandant. In response to his to a fair trial is also hampered by Burkina
death, power company employees shut off Faso’s low literacy rate.
power and water throughout much of the The government generally respects its cit-
country. On the same day, the government izens’ right to privacy. The rights to freedom
announced that the gendarme commandant of speech and freedom of the press, how-
had been arrested. In June 1999, workers ever, are still circumscribed by the govern-
again shut off power and water to demand ment. Although the press has become more
the transfer of the gendarmes implicated in independent in recent years, it still experi-
the killing to the main civilian prison—where ences some harassment. The government
most prisoners are held—from the military arrested two journalists and six leaders of
prison where they had been held previous- an opposition party, including its president,
ly. The government acquiesced and moved in response to a communiqué that they had
the gendarmes. addressed to the armed forces, asking the
There have been no reports of politically military to guarantee the safety of the
motivated disappearances, although prison demonstrators. The eight were charged with
guards have abused inmates. There were “attempts against the army’s morale” and
no investigations into these incidents, sentenced up to five years in prison. Their
which further demonstrated to human indictments were dropped when a judge
rights organizations and the public that the ruled that they had not received a fair trial.
government’s failure to prosecute abusers However, the government has permitted
within the security forces has created a cli- many marches and protests, even though
mate of impunity for members of law en- some operated without the officially re-
forcement groups. quired notice. Taken as a whole, the gov-
Prison conditions are harsh and in some ernment’s handling of demonstrations
cases life-threatening. Prisons are extreme- generally has been moderate.
ly overcrowded, and the diet is so poor that The government respects the right to
inmates must rely on supplemental food de- freedom of religion in practice.
livered by friends and relatives. Human There are no specific laws to protect
rights organizations have complained that women from pervasive legal or social dis-
96 The Human Rights Encyclopedia

crimination. Women are generally subordi- as high as 70 percent. The government has
nate to men in the workplace and in the formed a committee to combat this prac-
family. Although they represent 45 percent tice through education.
of the workforce, they are rarely promoted The government has accepted the activ-
to management positions and receive lower ities of some human rights monitors. It has,
pay for the same work. Violence against however, restricted some local human
women occurs, but it is rarely discussed, rights groups, claiming that their activities
although the government has been trying are politically motivated. In some cases, the
to change the national attitude toward government has failed to respond to re-
women’s issues through education. quests for information by organizations
The government has demonstrated its such as Amnesty International.
commitment to improving the lives of chil-
Eric Busch
dren. It has improved the access of many
children to primary school and raised the Bibliography
literacy rate to 22 percent. Female genital
Amnesty International. Amnesty International
mutilation, which is condemned by health Report 2000. New York: Amnesty Interna-
experts as both physically and mentally tional Publications, 2000.
damaging, is still widely practiced. Inter- U.S. Department of State. Burkina Faso Coun-
national health organizations estimate that try Report on Human Rights Practices for
the percentage of females who have under- 1999. Washington, DC: Bureau of Democra-
gone this barbaric ritual procedure may be cy, Human Rights, and Labor, 2000.
Burundi
which hundreds of thousands died, started
in Burundi in October 1993 and subse-
quently spilled into Rwanda, the Republic
of the Congo, and Tanzania.
Although they are outnumbered, it is
Tutsis who dominate Burundi. The Burun-
dian government and security forces are
Tutsi-controlled and consist of the army
and police under the Ministry of Defense,
the judicial police under the Ministry of
Justice, and the intelligence service, under
the presidency. The rebels consist mainly of
Hutus. In 1999, negotiations between par-
ties to the civil war in Burundi spurred
hopes that the conflict would end. Howev-
er, by November, the peace talks between
the rebels and the Burundian army were
foundering, and by the year’s close, mili-
tary action in and around Bujumbura and
in the southeast of the country became
Burundi is a small, poor country in Africa, more intense than at any time previously
sharing borders with Tanzania, the Repub- during the conflict.
lic of the Congo, and Rwanda. It gained its
independence from Belgium in 1962. Its
HUMAN RIGHTS
capital is Bujumbura and it is considered
to be a republic, although it is ruled by Pres- By any measure, Burundi has been and
ident Pierre Buyoya, who overthrew former continues to be a human rights catastro-
president Sylvestre Ntibantunganya in a phe. Although the civil war is nominally a
Tutsi-engineered coup on July 25, 1996. struggle between the government and
Burundi is presently in the throes of ethnic armed opposition groups, the unarmed
violence and civil war. Ethnic uprisings, civilian population seems to bear the brunt
coups, and factional violence have marked of the violence. Both the rebels and the au-
the independent history of Burundi. The two thorities massacred civilians in 1999, in-
main ethnic groups in Burundi and the sur- creasing the death toll among Burundian
rounding region are the Hutus and the Tut- civilians to over 100,000. In an effort to de-
sis. In Burundi, Hutus make up 85 percent prive rebels of local support, the Burundi-
of the population and the Tutsis 15 percent. an government has ordered more than
One of the better documented waves of vio- 300,000 civilians into concentration camps,
lence between these two groups, during where they have suffered from attacks,

97
98 The Human Rights Encyclopedia

starvation, dehydration, and lack of ade- trarily killing those civilians. Because such
quate medical attention. acts on both sides necessitate a response,
Hundreds of unarmed civilians were this conflict seems to follow a pattern of
killed by either members of the armed fearful acceleration, beyond the control of
forces or rebels, mainly in the areas around even the combatants themselves.
Bujumbura and in the southeast, where Human rights groups such as Amnesty
the fighting is the heaviest. Most killings by International have reported that abductions
government soldiers of Hutu civilians have occurred throughout the duration of
seemed to take place as a reprisal for co- the conflict, although there are no credible
operating with rebel forces or as a response figures for the number of disappearances.
to the killings of Tutsi civilians by Hutu- Abductions may lead to detainment and tor-
dominated opposition groups. Civilians are ture by security agencies. In one such case,
killed on the pretext that they are armed Amnesty International reported that mem-
combatants or that they have protected and bers of security forces were alleged to have
aided armed rebels. Almost none of these withheld food from detainees and beaten
killings have been investigated. For exam- them. At the end of 1999, it appeared that
ple, on August 11, 1999, government sol- the Burundi government favored transfer-
diers executed approximately fifty civilians ring some of the responsibility of policing of
in Kanyosha province. The next day, troops the capital and surrounding countryside to
used grenades and machine guns to kill an groups of armed civilians. Human rights
unknown number of civilians in an outlying groups were horrified by this proposal, ar-
area of Bujumbura, according to observers. guing that these militias would become the
Armed opposition groups are responsi- equivalent of roaming death squads.
ble for killing hundreds of civilians as well. Although the interim constitution of Bu-
These killings are similar to those perpe- rundi provides for its citizens’ protection
trated by the Burundian government in against interference with privacy, family,
that they are retaliatory in nature, usually home and correspondence, an estimated
against alleged government collaborators 330,000 mainly Hutu civilians have been
or informants. In one instance, in January forcibly moved to “regroupment areas”
1999, rebels killed 178 civilians in the where they are more easily controlled by
Makamba province, according to the state- security forces. The government’s stated
run media. It is unclear whether these civil- reasoning for these massive relocations was
ians were killed by rebels, or whether they to protect these civilians from rebel attacks.
were caught in crossfire between the rebels Burundians are routinely denied the
and the army. Additionally, on October 12, right to a fair trial. Theoretically, all Bu-
unidentified attackers killed two UN foreign rundians have a right to counsel, a right to
staff workers and seven others during a UN defend themselves, and are considered in-
humanitarian assessment mission to Ru- nocent until proven guilty. In practice, this
tana province. Although the civil war is eth- is rarely the case. Few defendants have
nically fueled, the government has killed legal representation, and the judiciary is
Tutsis and the rebels have killed Hutus. not well trained or adequately funded. In
Opposition groups frequently attack re- light of such human rights abuses as mass
groupment camps where civilians are often genocide, most Burundian citizens have lit-
held and controlled, deliberately and arbi- tle confidence that the judicial system can
Burundi 99

offer them even the most basic protection. basic needs. Much of the government’s re-
The government of Burundi restricts free- sources are used to continue the civil war,
dom of assembly. The present government in which its own citizens are the primary
has allowed no demonstrations. The gov- victims. Under the present regime, there is
ernment also restricts freedom of associa- little hope of guaranteeing even the most
tion—it has arrested many members of basic rights to Burundian citizens.
organizations and political parties. Freedom
Eric Busch
of movement is restricted.
Violence against women has occurred Bibliography
but is undocumented. Police rarely inter-
vene in domestic disputes and the media Amnesty International. Amnesty International
Report 2000. New York: Amnesty Interna-
rarely report incidents of violence against
tional Publications, 2000.
women. Women in Burundi endure in-
Human Rights Watch. World Report 2000. New
equality both in society and in law. Through
York: Human Rights Watch, 2000.
discriminatory inheritance laws and credit U.S. Department of State. Burundi Country Re-
practices, women are denied economic par- port on Human Rights Practices for 1998.
ity with men. Women also have fewer op- Washington, DC: Bureau of Democracy,
portunities for education. Human Rights, and Labor, 1999.
In conclusion, the present government of ———. Burundi Country Report on Human
Burundi actively violates many of its citi- Rights Practices for 1999. Washington, DC:
zens’ human rights. Even if it didn’t, how- Bureau of Democracy, Human Rights, and
ever, it cannot satisfy its citizens’ most Labor, 2000.
Cambodia
BACKGROUND
Cambodia’s economy is based primarily on
subsistence farming. Rice is the principal
crop. Decades of war have left the country
in extreme poverty, particularly in the
countryside, where human resources are
low and there is a total lack of basic infra-
structure. Annual per capita gross domes-
tic product is about $300. Recurring
political instability hinders foreign invest-
ments, tourism, and business. Economic
aid from major foreign donors, including
the UN Development Program, Australia,
Canada, Denmark, France, Italy, Japan,
Sweden, Thailand, the United Kingdom,
and the United States, comprise a signifi-
cant portion of the national income.
A French colony since 1884, Cambodia
achieved full independence in 1953 and be-
Cambodia is a country in southeastern Asia came a monarchy under Prince Norodom
that is bounded on the north and northwest Sihanouk, king from 1941 to 1955 and
by Thailand; on the northeast by Laos; on head of state from 1960. In the 1960s, east-
the east and the southeast by Vietnam; and ern Cambodian provinces were used—with-
on southwest by the Gulf of Thailand. out Cambodia’s permission—as bases for
Phnom Penh is the capital city. Cambodia communist North Vietnamese Army and Vi-
has a population of approximately 11.6 mil- etcong guerilla forces fighting against South
lion. About 90 percent of Cambodians are Vietnam. In 1969, as these bases became
ethnically Khmer, while the remainder in- more active, the United States military
clude Vietnamese (5 percent), Chinese (1 mounted air raids to destroy them. In 1970,
percent) and others (4 percent). Khmer is the U.S.-backed General Lon Nol overthrew
official language, but French is widely spo- Prince Sihanouk and assumed power; the
ken. Theravada Buddhism is the state reli- country was renamed the Khmer Republic.
gion and professed by about 95 percent of Sihanouk formed a government in exile in
the population. The remainder are mostly Beijing.
Cham Muslims who are generally well inte- Lon Nol was very unpopular, and the
grated into society. Cambodia has been a communist opposition, the Party of Demo-
multiparty democracy under a constitution- cratic Kampuchea, also known as the
al monarchy since 1993. Khmer Rouge (Red Khmer), succeeded in

100
Cambodia 101

overthrowing his government (with some In 1979, Heng Samrin was installed as
help from communist North Vietnam). The the head of state in the new People’s Re-
Khmer Rouge, with great brutality, ruled public of Kampuchea (PRK). Heng Samrin’s
the country from 1975 to 1979. They es- regime was kept in power by Vietnamese
tablished a communist People’s Republic troops. From 1979 to September 1989, Viet-
under the leadership of Pol Pot, Ieng Sary, namese forces controlled all major urban
Nuon Chea, and Son Sen. The stated goal centers and the countryside, with their pres-
of Pol Pot was to return the country to the ence intruding on all aspects of Cambodian
“Year Zero,” and build a new Cambodia (re- life. Anti-Vietnamese sentiment was wide-
named Kampuchea) from the ground up. spread. Khmer Rouge forces continued to
To achieve its ends, the new regime operate in remote regions. In 1979, a non-
sought control over every aspect of life and communist resistance force, the Khmer
forcibly imposed compliance through terror. People’s National Liberation Armed Forces,
Hundreds of thousands of people were evac- was formed to fight for independence under
uated from the cities into the countryside the leadership of former Prime Minister Son
and forced to work the land. Cambodians Sann. In 1981, another military organiza-
who had been civil servants or who had tion, the National United Front for a Neu-
served in the military of the former govern- tral, Peaceful, Cooperative, and Independent
ment, as well as anyone who opposed the Cambodia (FUNCINPEC), was formed under
Khmer Rouge, were all executed. Simply the initiative of Prince Sihanouk. Both or-
wearing glasses—a sign of middle class sta- ganizations provided a political alternative
tus to the Khmer Rouge—might be enough to the Vietnamese-supported government,
to trigger execution. The record of human which most Cambodians hated, and the
right abuses carried out under the Khmer Khmer Rouge guerrillas, whom most Cam-
Rouge was one of the worst of the twentieth bodians feared.
century, during which massive numbers of In 1986, Vietnam began withdrawing its
people were brutally murdered in public ex- military forces, and complete withdrawal
ecutions and in torture centers, or died of was achieved by September 1989. In 1991,
starvation and disease. An estimated 1 to 3 a peace proposal was signed in Paris, pro-
million people—out of a population of viding for a UN Transitional Authority in
roughly 7.3 million—were killed from 1975 Cambodia (UNTAC) to administer the coun-
to 1979. try in a transitional period and to prepare
Although communist, the leadership was for free and fair elections. These elections
strongly anti-Vietnamese and opposed Viet- took place in May 1993. The FUNCINPEC
nam’s attempt to create an Indochina Fed- Party won the majority of votes in the na-
eration. In 1978, Vietnamese troops tional assembly and formed a coalition with
invaded Cambodia, supported by its puppet other parties participating in the elections.
Cambodian allies, the Kampuchean Unit- A new constitution was promulgated in
ed Front for National Salvation. While many September, incorporating a wide range of
world leaders condemned this invasion, it internationally recognized human rights,
did have the beneficial effect of pushing the and creating a democratic monarchical gov-
Khmer Rouge out of power and ending their ernment under the symbolic leadership of
attempts to kill millions of their own people. Sihanouk, now elevated to king.
102 The Human Rights Encyclopedia

National elections were held in July


1998, resulting in a victory for the Cambo-
dian People’s Party, with the FUNCINPEC
as the second major party. Smaller parties
alleged that the elections were marred by
irregularities and fraud in registration pro-
cedures and vote casting. The government
denied political rights to opposition parties.
There were reports of illegal arrests, ha-
rassment, intimidation, and physical abuse
before, during, and after the elections. Mass
demonstrations were organized in the cap-
ital in August and September. Security
forces intervened violently to disperse
demonstrators. Additionally, government
officials affiliated with the CPP coerced
members of opposition parties into fleeing
from their villages. Some opposition politi-
cians were forced to leave the country tem-
porarily. Citizens were denied their right to
vote in areas still controlled by the Khmer
Rouge.
King Sihanouk has remained the head of
state. CPP leader Hun Sen is currently the
prime minister and Prince Ranariddh of
Two seventeen-year old-mine victims. Mines have maimed FUNCINPEC is the president of the uni-
over 100,000 Cambodians. cameral National Assembly. Most of the
power lies in the executive, with the legis-
In 1997, political tensions progressively lature playing a subordinate role. In prac-
developed between Cambodia’s two prime tice, Prime Minister Hun Sen rules the
ministers, Prince Norodom Ranariddh (King country with little effective opposition. The
Sihanouk’s son) of the FUNCINPEC Party, judiciary is not independent, and is sub-
and Hun Sen of the Cambodia People’s ject to widespread corruption.
Party (CPP), leading to violent fighting. Until recently, Khmer Rouge guerrillas
Eventually a coup was organized by the still controlled some areas of the country; in
forces loyal to Hun Sen, putting him in con- 1998, there were reports of civilians being
trol of the country. Human rights violations killed during clashes between Khmer Rouge
were committed during and after the coup. and government forces. By the end of 1998,
Thousands of people left the country to find most of the Khmer Rouge had defected to
temporary refuge in Thailand. Cambodia’s the government armed forces, despite their
planned entry into the Association of South past involvement in human rights abuses.
East Asian Nations and the United Nations By early 1999, the Khmer Rouge insur-
was momentarily suspended. A cease-fire gency was effectively over. Membership in
was declared in February 1998. the Khmer Rouge is illegal.
Cambodia 103

HUMAN RIGHTS Ministries often refuse to respond to the


courts’ requests for prosecution; as a re-
In November 1998, the United Nations Spe- sult, the crimes committed by government
cial Representative on the situation of officials usually remain unpunished. The
human rights in Cambodia reported to the civil court system is corrupt and inefficient
UN General Assembly that the government due to a serious shortage of attorneys and
continues to infringe on basic human a lack of resources.
rights. Great concern was expressed about Cambodia infringes on the right to pri-
the immunity given to human rights viola- vacy by conducting searches without war-
tors, especially leaders of the Khmer Rouge. rants and by monitoring private electronic
Civilian police were responsible for sev- communications. Government officials also
eral extrajudicial killings, while members of used intimidation to force citizens to vote
the security forces regularly tortured, beat, for the CPP in the July 1998 elections.
and killed detainees under custody. There Cambodia partially limits freedom of
were politically motivated killings and dis- speech and the press. The constitution itself
appearances, including the murder of Bud- requires that speech should not affect pub-
dhist monks, both during and following the lic security. The press law implicitly prohibits
July 1998 elections, and before and after publications that potentially endanger polit-
opposition demonstrations in August and ical stability or national security. Journalists
September. It is estimated that hundreds of practice self-censorship for fear of persecu-
people were arbitrarily arrested and de- tion. However, all major political parties have
tained for expressing their political views. free access to print media, and there are a
Crime is rampant in Cambodia. With the large number of independent newspapers
large numbers of weapons brought into the that remain critical of the government. For-
country during more than twenty years of eign language newspapers publish regularly.
warfare, criminals have easy access to The government, military forces, and political
guns. Even the United States ambassador parties control the broadcast media. Howev-
was robbed during a casual stroll through er, during the most recent election, opposi-
Phnom Penh. Domestic violence is also tion party views were excluded.
common, with disputes over television Although the constitution prohibits dis-
watching sometimes turning lethal. The po- crimination based on sex, ethnicity, lan-
lice are fairly ineffective at preventing this guage, religion, disability, or social status,
ongoing crime wave. This sometimes leads Cambodia does not enforce these provisions
private citizens to attempt to carry out vig- in practice. The condition of women is af-
ilante justice. fected by cultural traditions that limit their
Prison conditions are very poor, with opportunities for economic advancement.
overcrowding, malnutrition, and poor se- Women tend to work in low-paying sectors
curity being the main problems. Pretrial de- of the economy. They also remain signifi-
tention is common. Although entitled to cantly underrepresented in politics. Violence
legal representation by the law, in practice against and domestic abuse of women con-
criminal suspects do not have access to stitute serious problems. Cambodia has
such representation. Cambodia does not been unable to enforce the law against pros-
respect the constitutional provision for an titution and trafficking in women, and pros-
independent judiciary and due process. titution flourishes in urban areas.
104 The Human Rights Encyclopedia

Children’s welfare is not protected. The permission to resettle in other areas of the
United Nations estimates that 20 percent of country. However, a coherent government
children under five years of age suffer from policy on the issues of refugees, asylum
severe malnutrition, and that 12 percent seekers, or first asylum has not yet been
under age five die from diseases. The edu- clearly formulated.
cational system is inadequate due to lack of In January 1998, Cambodia and the
resources and well-trained teachers. Child UNHCHR agreed to an extended presence
abuse, child prostitution, and trafficking in in Cambodia of the Office of the UNHCR
children are common. Child labor is not ef- until March 2002. Domestic and interna-
fectively monitored by the authorities, espe- tional human rights organizations have
cially in rural areas. been active since the UNTAC period. There
People with disabilities do not have access are also approximately forty non-govern-
to buildings or governmental services. Years mental organizations involved in human
of war have left behind thousands of am- rights activities. Cambodia generally coop-
putees, who are victims of land mines. These erates with human rights groups in their
people are often victims of societal discrim- investigations. However, Amnesty Interna-
ination. The constitution does not explicitly tional reports that human rights workers
protect ethnic minorities. Vietnamese resi- have been harassed by government officials
dents and citizens are subject to discrimi- and some have been subjected to death
nation by Khmer citizens. The Khmer Rouge threats.
killed dozens of Vietnamese in 1998.
James R. Lewis
Cambodia does not enforce the legal pro-
vision against forced labor, including forced
labor by children. Additionally, worker’s Bibliography
rights are not fully respected. Safe work Amnesty International. Amnesty International
standards, minimum wage requirements, Report 2000. New York: Amnesty Interna-
and workers’ health provisions are not en- tional Publications, 2000.
forced. Antiunion discrimination is com- Human Rights Watch. World Report 2000. New
mon. Cambodia generally respects freedom York: Human Rights Watch, 2000.
of movement within the country, foreign U.S. Department of State. Background Notes:
Cambodia Washington, DC: Bureau of Inter-
travel, and repatriation. In September
American Affairs, 1996.
1998, however, opposition politicians were
———Cambodia Country Report on Human
restricted from traveling abroad following
Rights Practices for 1998. Washington, DC:
the inauguration of the National Assembly. Bureau of Democracy, Human Rights, and
Cambodia cooperates with the United Labor, 1999.
Nations High Commissioner for Refugees ———. Cambodia Country Report on Human
(UNHCR) in assisting in the repatriation of Rights Practices for 1999. Washington, DC:
refugees, particularly from Thailand. Addi- Bureau of Democracy, Human Rights, and
tionally, displaced persons were granted Labor, 2000.
Cameroon
of the total population. About 51 percent of
the population profess indigenous beliefs,
while the remainder are Christian (33 per-
cent) and Muslim (16 percent).

BACKGROUND
A German colony since the late 1880s,
Cameroon was partitioned between Britain
and France after World War I. In 1955, a
rebellion began in French Cameroon, and
by 1960 the region had achieved indepen-
dence under the new name of the Republic
of Cameroon. In 1961, the northern half of
British Cameroon joined Nigeria, while the
southern half agreed to form the Federal
Republic of Cameroon by joining the Re-
public of Cameroon. Ahmadou Ahidjo was
chosen as the president of the federation. In
1972, the federation was replaced by a uni-
The Republic of Cameroon in western Africa, tary state with a new constitution.
is bounded on the northwest by Nigeria; on The 1972 constitution gives strong power
the northeast by Chad; on the east by the to the executive. The president appoints
Central African Republic; on the south by and dismisses all ministers, including the
the Republic of the Congo, Gabon, and prime minister, the governors, the senior
Equatorial Guinea; and on the west by Bi- divisional officers of the provinces, the
afra. Although Yaounde is the capital city. judges, the generals and the heads of
Douala is the largest city and the main in- Cameroon’s state corporations. New legis-
dustrial and commercial center. Cameroon lation is subject to approval or veto by the
has a population of approximately 15 mil- president. Although the constitution states
lion. It has been estimated that in Cameroon that the president is the guarantor of the
there are 270 ethnic groups concentrated legal system’s independence, the judiciary
in five major areas and speaking twenty- remains subordinate to the political influ-
four African languages. In addition to local ence of the executive branch. The court sys-
dialects, people from the southwest and tem is influenced by the French legal
northwest provinces speak English as their system, although the Anglo-Saxon tradition
official language, while people concentrat- partially applies in the Anglophone
ed in the northern provinces speak French. provinces. Military tribunals exercise ju-
Non-Africans comprise less than 1 percent risdiction over civilians during martial law

105
106 The Human Rights Encyclopedia

or when it is necessary to control armed vi- however, a member of the United Nations
olence. In rural areas, traditional courts and cooperates with other multilateral or-
still serve to settle domestic and property ganizations.
disputes.
Since independence, the Cameroon Peo-
HUMAN RIGHTS
ple’s Democratic Movement (CPDM) has
controlled the government despite the le- The human rights situation is poor. Citi-
galization of opposition parties in 1990. zens are not granted the basic right to
Ahidjo was succeeded by Paul Biya, leader change their government peacefully
of the CPDM, who was reelected president through fair and free elections. The 1997
in both 1992 and 1997. The 1992 and 1997 presidential elections were characterized by
presidential elections, as well as the 1997 pre-election manipulations and fraudulent
legislative elections, controlled by the gov- vote castings, as well as by a boycott orga-
ernment’s Ministry of Territorial Adminis- nized by the opposition parties.
tration, were marred by irregularities and Members of the security forces commit
considered fraudulent by international and human rights abuses, generally with im-
domestic observers. Attempts to reform the punity. Arbitrary arrests and prolonged de-
present electoral system have failed after tentions are a serious problem. Journalists
the government rejected the demand made and members of the opposition political
by the main opposition party, the Social De- parties have been arrested without formal
mocratic Front (SDF), to provide for an in- charges. There are no official estimates of
dependent electoral commission to oversee the number of detained political prisoners.
future elections. Torture and ill treatment of detainees in
Despite its oil resources and favorable custody is common. On several occasions,
agricultural conditions, Cameroon remains prisoners died following physical abuse in-
an underdeveloped country in need of in- flicted by police officers. Nonviolent politi-
ternational financial assistance. Heavy civil cal activists were reportedly beaten during
service interference, impediments to busi- brief detentions following antigovernment
ness enterprise, an inefficient state sector, demonstrations. There are reports that gov-
and large internal security expenditures, ernment officials committed several extra-
constitute the main obstacles to judicial killings and summary executions
Cameroon’s economic growth. Additional- directed against suspected criminals. In a
ly, the government’s mismanagement and very few cases, Cameroon prosecuted the
widespread corruption aggravate the pic- perpetrators. There are reports that police
ture. Per capita gross natural product is harassed citizens, conducted searches
about $590. Agriculture accounts for 25 without warrants, and used roadblocks to
percent of the GNP. Timber, coffee, cocoa, extract bribes. In June 1998, during a
cotton, bananas, and rubber are the main UNICEF-sponsored “African Day of the
sources of export income. The general slow Child,” gendarmes beat children to main-
pace of political and economic liberaliza- tain order.
tion, together with concerns over human Prison conditions are life threatening be-
rights abuses, have prevented Cameroon cause of overcrowding, and a lack of sanita-
from establishing stronger relations with tion, medical care, and adequate nutrition.
the international community. Cameroon is, Juveniles and nonviolent prisoners are often
Cameroon 107

incarcerated with violent adults. Corrup- or domestic violence. Female genital muti-
tion among prison personnel is a common lation is still practiced in some areas.
problem. Detainees are often denied access Although primary education is techni-
to legal counseling and family member vis- cally compulsory through the age of four-
its. The court system is inefficient and cor- teen, this provision is not enforced due
rupt, with long delays. People are often primarily to a lack of funds and resources.
denied a fair trial. Amnesty International Forced or bonded labor by children is not
reports that some prisoners arrested in explicitly prohibited by law. Rural children
1997 following attacks by armed groups in begin working on family farms or as do-
the Northwest Province were detained for mestic helpers at an early age.
years without charge or trial. The constitution does not explicitly pro-
Cameroon limits press freedom using the hibit discrimination based on race, language,
justification of criminal libel laws, by which social status, or disability. Discrimination
a suit can be initiated in cases of alleged against ethnic minorities is widespread. In
libel against the president or other high gov- addition, indigenous Pygmies, Nigerian im-
ernment officials. Since 1996, several mem- migrants, and white foreigners experience
bers of the press have been arrested, discrimination. Despite constitutional pro-
prosecuted, or convicted on criminal libel visions granting basic rights to persons with
charges. Additionally, private journalists disabilities, including public assistance and
practice self-censorship and are often vic- access to buildings, these provisions are not
tims of harassment and death threats from respected in practice. Churches and non-
government officials. The government con- governmental organizations are responsible
trols almost all radio and television broad- for providing assistance to the disabled.
casts, despite a 1990 law designed to end Workers’ rights are generally respected.
its monopoly on domestic broadcast media. However, de facto slavery continues to be
The broadcast media gives little or no at- practiced in some regions. Additionally, reg-
tention to opposition parties. Additionally, ulations regarding minimum wages and
the reception of international cable and work hours, together with health and safe-
satellite television broadcasts is restricted. ty standards, are not effectively enforced.
Academic freedom is not legally restrict- Although citizens are legally free to travel,
ed. However, the presence of state security government officials restrict domestic trav-
informants limits free political discussions el in practice. There are roadblocks through-
on university campuses. Freedom of assem- out the country at which police commonly
bly is occasionally abridged. Public meet- carry out security and immigration control
ings, demonstrations, and processions must measures. Checkpoints are often use to ex-
have governmental approval beforehand. tract bribes from citizens. The government
The constitution prohibits discrimination has used its power against political oppo-
based on sex; however, this provision is not nents by withdrawing their passports. Au-
enforced. Women do not enjoy the same thorities have also prevented persons from
rights and privileges as men, and tradi- traveling abroad because they were carrying
tional customs govern domestic disputes local independent newspapers.
and civil matters. Violence against women Cameroon generally cooperates with the
is common, and the law does not effective- United Nations High Commissioner for
ly protect women against sexual assaults Refugees (UNHCR), with a few exceptions.
108 The Human Rights Encyclopedia

At the end of 1998, there are approximate- fusing to share information, or refusing to
ly 47,000 refugees in Cameroon, primarily accord official recognition to non-govern-
from Chad, but also from Rwanda, Burun- mental organizations.
di, the Democratic Republic of the Congo,
James R. Lewis
Liberia, Sudan, Equatorial Guinea, and
Ethiopia. Since September 1997, twelve
refugees from Equatorial Guinea have been
Bibliography
detained, and both the UNHCR and
Amnesty International have been trying to Amnesty International. Amnesty International
prevent them from being returned forcibly Report 2000. New York: Amnesty Interna-
to their country. tional Publications, 2000.
Human Rights Watch. World Report 2000. New
Domestic and international human
York: Human Rights Watch, 2000.
rights organizations have freedom to con-
U.S. Department of State. Cameroon Country
duct their investigations and publish their
Report on Human Rights Practices for 1998.
findings. However, their activities are re- Washington, DC: Bureau of Democracy,
stricted due to a lack of financial resources Human Rights, and Labor, 1999.
and trained personnel. On some occasions, ———. Cameroon Country Report on Human
the government prevented human rights Rights Practices for 1999. Washington, DC:
monitors from investigating allegations of Bureau of Democracy, Human Rights, and
abuses by limiting access to prisoners, re- Labor, 2000.
Canada

BACKGROUND
Formerly a French dominion, Canada was
ceded to England after the Seven Years’ War
(1756–1763). In 1840, the Canadian colonies
gained the right to internal self-governance.
In 1867, the union of Upper and Lower
Canada, Nova Scotia, and New Brunswick
created the dominion of Canada. In 1869,
Canada purchased the middle west territo-
ries from the Hudson Bay Company, from
which the provinces of Manitoba, Alberta,
and Saskatchewan were later formed.
Canada is a confederation with a parlia-
mentary democracy. The English monarch,
Queen Elizabeth II is the head of state and
represented by a Canadian general-gover-
nor. The prime minister, as leader of the
dominant political party, is head of the
cabinet. The bicameral Parliament is
formed by the House of Commons and by
Canada is situated in North America, and is the Senate. The Supreme Court represents
bounded on the south and northwest the judicial branch of the national govern-
by the United States; on the north by the ment.
Arctic Ocean; on the east by the Atlantic Canada has one of the largest market-
Ocean; and on the west by the Pacific Ocean. based industrialized economies. The GDP
Ottawa is the capital city. Canada has a is $21,700 per capita. Canada has sub-
population of approximately 31 million. Eth- stantial natural resources, large industrial
nic groups include British (40 percent), and agricultural bases, and a skilled labor
French (27 percent), other European (20 per- force. Major exports include motor vehicles,
cent), indigenous Indian and Inuit (1.5 per- wood pulp, timber, crude petroleum, ma-
cent), and others, mostly Asian (11.5 chinery, natural gas, aluminum, and
percent). English and French are the official telecommunications equipment. Major
languages. Roman Catholicism (45 percent), trading partners are the United States,
United Church (12 percent), and Anglican United Kingdom, Germany, Japan, South
(8 percent), are the dominant religions. Korea, France, Mexico, and Taiwan.

109
110 The Human Rights Encyclopedia

HUMAN RIGHTS regarding court trials.


While Canadian law protects freedom of
Canada generally respects the human expression, the Canadian Supreme Court
rights of its citizens, and an independent has ruled that this freedom may be re-
judiciary deals effectively with violations or stricted for the purposes of guaranteeing
instances of abuse. Prison conditions meet social harmony, combating discrimination,
international standards. The government and promoting equality of the sexes. The
permits visits by human rights monitors. court stated that the benefits derived from
Additionally, in the past few years, im- promoting gender equality and restricting
provements have been made to detention hate speech outweighed the benefits of un-
facilities, especially in the territory of On- limited free speech.
tario. The law provides for freedom of Women are very active in Canada’s polit-
speech and press. However, journalists ical life. Fifty-nine of the 301 members of
have complained that on a few occasions the House of Commons and thirty-two of
they could not report detailed information the 104 senators are women. Moreover, a
number of women serve as members of the

Mohawk Indians surround a Canadian army checkpoint, protesting government harassment


at Kahnawake Reservation.
Canada 111

cabinet. Women hold the same rights as rights are not fully respected. The sepa-
men in marriage and as property holders. ratist Parti Québécois has claimed that
Although the law prohibits violence against Quebec is sovereign, but the Supreme
women, they are frequently victims of sex- Court has already ruled that a unilateral
ual harassment and spousal abuse. Women declaration of independence would be ille-
serving in the armed forces have been vic- gal according to Canadian and interna-
tims of rape and other abuses by their male tional laws.
colleagues. These human rights violations, Canadian law provides for asylum and
however, are no more common in Canada refugee status according to the United Na-
than in other industrialized countries, and tions’ standards. The government cooper-
much less common than in many other ates with the United Nations Commissioner
countries. for Refugees and other humanitarian orga-
Canada has demonstrated a strong com- nizations in assisting refugees. In 1999,
mitment to children’s rights and welfare by Canada granted 40,600 individuals refugee
funding several programs for public edu- status out of more than 41,800 claims.
cation and medical care. The law protects Many human rights organizations operate
children from abuse, overwork, and dis- in the country without restriction, investi-
crimination. There is no pattern of child gating and publishing their findings on
abuse. The law provides for the rights of human rights violations. Government offi-
the disabled by mandating accessibility to cials are generally cooperative and respon-
buildings and public services, and the gov- sive to their advice.
ernment enforces this provision in practice.
James R. Lewis
However, the authorities continue to receive
complaints of discrimination against the
disabled in employment. Bibliography
Indigenous people (Native Americans) are Amnesty International. Amnesty International
a serious challenge to Canadian govern- Report 2000. New York: Amnesty Interna-
ment policies. There are many ongoing dis- tional Publications, 2000.
putes over land claims, self-government, Central Intelligence Agency. The World Factbook
treaty rights, taxation, fishing and hunting 1999. Washington, DC: Office of Public Af-
rights, duty-free imports, and harassment fairs, 1999.
Mendes, E. P., and A.M. Traeholt (Eds). Human
by the police. Indigenous peoples are un-
Rights: Chinese and Canadian Perspectives.
derrepresented in the workforce, and over-
Ottawa: Human Rights Research and Edu-
represented among the unemployed and
cation Center, University of Ottawa, 1997.
the prison population. French Canadians, U.S. Department of State. Canada Country Re-
mostly in Quebec, have also challenged port on Human Rights Practices for 1999.
Canada’s government, claiming that their Washington, DC: Bureau of Democracy,
Cape Verde
seats in the National Assembly. The con-
stitution provides for the separation of pow-
ers. The president is the head of state and
is elected by popular vote every five years.
The prime minister is the head of the gov-
ernment and proposes other ministers and
the secretary of state. He is nominated by
the National Assembly and appointed by
the president. Members of the National As-
sembly hold the legislative power and are
elected by popular vote every five years. The
judiciary is independent. Cape Verde is a
member of the United Nations and other
international organizations; it also actively
cooperates in foreign affairs in Africa.
Cape Verde has few natural resources
and its land is arid. About 90 percent of the
food supply must be imported. The econo-
my has been based primarily on market
policies promoting commerce, privatization,
The Republic of Cape Verde is an archipel- public services, foreign investments,
ago in the Atlantic Ocean, 385 miles off the tourism, manufacturing industries, and
west coast of Africa. Praia is the capital city. fisheries. Poverty is widespread.
Its population of approximately 405,000 is
of mixed African and European origins.
HUMAN RIGHTS
About 50 percent of the population resides
on the island of Santiago. Although Por- Cape Verdeans enjoy a variety of human
tuguese is the official language, a Creole di- rights and freedoms, although in recent
alect is widely spoken. years the government has failed to imple-
A Portuguese settlement since the fifteenth ment and enforce new policies designed to
century, Cape Verde achieved full indepen- address Cape Verde’s human rights prob-
dence in 1975. Cape Verde is a multiparty lems. Police officers regularly mistreat sus-
parliamentary democracy. The African Party pected criminals who are in custody.
for the Independence of Cape Verde (PAICV) Prisons are overcrowded and do not meet
ruled the country until 1990, when opposi- minimum international standards. The ju-
tion groups formed the Movement for Democ- diciary is inefficient as a result of a backlog
racy (MpD) and called for the first multiparty of cases. In addition, the courts have been
elections, which took place in January 1991. accused of delaying or accelerating trials
The MpD presently holds the majority of the for political reasons.

112
Cape Verde 113

In July 1999, a prosecutor dismissed a women are nevertheless subject to dis-


case against four citizens associated with crimination in employment, wages, inheri-
the main opposition party who had been tance, and custody matters. Domestic
arrested for church desecration in 1996. In violence against women is widespread, but
1998, a judge ordered their release from rarely reported to the authorities. Child
detention because of lack of evidence. The abuse, especially in the form of sexual vio-
prosecutor’s decision in July should have lence and mistreatment, and juvenile pros-
ended the state’s efforts to prosecute the titution are significant problems. Although
case permanently. However, the attorney illegal, child labor is common in the infor-
general did not confirm the prosecutor’s de- mal labor sector. Additionally, the govern-
cision and declared that the case should ment is unable to enforce provisions
await better proof. regarding labor practices, such as mini-
Cape Verde generally respects freedom of mum age requirements and safe working
press and expression. However, journalists conditions.
practice self-censorship within the state- Two private human rights groups are ac-
owned press, the national television, and tive in Cape Verde: the National Commis-
state-owned radio stations. In addition, op- sion of the Rights of Man and the Ze Moniz
position newspaper journalists and editors Association. Additionally, women’s organi-
have been arrested and convicted under the zations and the Cape Verdean Institute for
criminal libel laws for publishing articles Children promote human rights legislation
critical of the government. and defend legal rights.
Also, during the revision of the constitu-
James R. Lewis
tion in July 1999, the provision on freedom
of expression was amended so that this
freedom could not be used as a defense in Bibliography
cases involving defamation or offense to
Amnesty International. Amnesty International
personal honor. This wording was strongly
Report 2000. New York: Amnesty Interna-
criticized by political opponents of the cur-
tional Publications, 2000.
rent administration and by some journal-
Human Rights Watch. World Report 2000. New
ists on the ground that it could be used to York: Human Rights Watch, 2000.
limit freedom of expression. U.S. Department of State. Cape Verde Country
Although the constitution contains pro- Report on Human Rights Practices for 1999.
visions against sex discrimination and Washington, DC: Bureau of Democracy,
mandates equal opportunities for women, Human Rights, and Labor, 2000.
Central African Republic
BACKGROUND

A former French colony, the Central African


Republic achieved independence in 1960
and became a one-party state in 1962. In
1965, Colonel Jean-Bedel Bokassa led a mil-
itary coup that rescinded the constitution
and dissolved the National Assembly. In
1972, Bokassa declared himself president
for life and, in December 1976, made himself
emperor of the Central African Empire. His
rule was marred by violent repressive mea-
sures and human rights abuses. In 1979,
he was deposed and forced into exile. How-
ever, in 1981, General André Kolingba es-
tablished another military dictatorship. In
1985, promises were made regarding the
promulgation of a new constitution and the
reinstatement of civilian government. De-
mands for a return to democracy led the gov-
The Central African Republic is situated in ernment to hold a national conference, and
Central Africa. It is bounded on the north and in 1993, Ange-Félix Patassé, the candidate of
east by Sudan, on the south by the Congo, the Movement for the Liberation of the Cen-
on the west by Cameroon, and on the north- tral African People (MLPC), was elected pres-
west by Chad. Bangui is the national capital. ident in free and fair elections.
The Central African Republic has a population In 1994, a national referendum approved
of approximately 3.5 million, encompassing a new constitution and established a uni-
about ninety ethnic groups. French is the of- cameral national assembly with a multi-
ficial language and Sangho the national lan- party legislature. The following years were
guage, but many groups speak distinct characterized by military unrest during the
primary languages. The largest ethnic groups transition to democracy. In 1996, dissident
are the Baya (34 percent), the Banda (27 per- members of the armed forces organized
cent), the Mandjia (21 percent), and the Sara three mutinies to demand political and mil-
(10 percent). There are approximately 6,500 itary reform. Violence continued through-
Europeans living in the country. There is no out 1997 between the government and
state religion. Most of the population is Chris- rebel military groups. In March 1998, the
tian; however, traditional, tribal beliefs strong- Conference of National Reconciliation was
ly influence the Christian majority. There is held with the participation of African heads
also a large Muslim community.

114
Central African Republic 115

of state and representatives of internation- and clothing. Minors are commonly im-
al organizations. Representatives of the rul- prisoned with adult inmates, and are often
ing party, opposition parties, religious victims of physical abuse. In some prisons,
groups, and other organizations important women are housed with men. Arbitrary ar-
to Central African society agreed to a na- rests and long pretrial detentions are also
tional reconciliation pact. Despite these ef- common. The judiciary is inefficient due to
forts, elections are still neither open nor shortages of trained personnel and a lack of
fair. The Central African Republic has yet to material resources.
achieve democratic norms. Citizens can be searched without a war-
The state remains highly centralized. Al- rant. Telephones can be tapped without ju-
though the constitution provides for a sep- dicial authorization (opposition politicians
aration of powers, the president dominates are often the target of phone taps). The sit-
the government. He can veto legislation and uation with respect to freedom of the press
rule by decree under certain conditions. and free speech has improved in recent
The judiciary is also vulnerable to manip- years. In May 1998, the National Assembly
ulation by the executive. However, there are approved the new Press Code of Rights and
signs of growing independence. Responsibilities that abolished the govern-
The economy of the Central African Re- ment’s authority to censor the press. Private
public is based primarily on subsistence newspapers criticize the president, the gov-
agriculture, which provides for half of the ernment, and official corruption. However,
gross domestic product. The annual per in a few cases, editors and journalists have
capita GDP is about $330. The country ex- been harassed or arrested by the authori-
ports timber, diamonds, coffee, cotton, and ties because of their open criticism. On the
tobacco. However, constraints on econom- other hand, foreign journalists can work
ic growth, including a poor transportation freely. The central government still main-
system, mismanagement, and an unskilled tains its monopoly on domestic radio and
labor force, together with recent military television broadcasts. There are no restric-
unrest, have resulted in a devaluation of tions imposed on satellite or cable television,
the national currency and a high unem- but very few citizens can afford this luxury.
ployment rate. Although the constitution provides for
freedom of assembly and association, the
Central African Republic puts certain legal
HUMAN RIGHTS
restraints on these rights. Demonstrations
Although improved from the past, the and public meetings require authorization
human rights situation remains poor. Secu- by the Interior and Security Ministry. As-
rity forces commit human right abuses. sociations and political parties need to reg-
There have been extrajudicial killings in the ister in order to have legal status. In 1998,
form of executions without trial of suspect- one political party was suspended for a pe-
ed bandits. Additionally, police officers beat riod of three months.
and torture prisoners under custody. Some There is widespread discrimination based
detainees have died after being tortured. on sex, race, religion, disability, and social
Prison conditions are life threatening. status. In particular, there is social, politi-
Prisons lack adequate sanitation, medical cal, and economic discrimination against
care, and necessities such as adequate food the indigenous forest-dwelling Pygmies,
116 The Human Rights Encyclopedia

who comprise about 2 percent of the total enforce constitutional provisions regarding
population. While societal discrimination health and safety standards for workers.
against the disabled is negligible, there are Citizens are restricted in their right to
no legal provisions granting them full ac- travel within their own country and abroad.
cess to services and buildings. There are checkpoints along major roads
Women are treated as inferior to men in where police officers often ask for bribes.
all aspects of social and economic life. They Travelers move in convoy with military es-
do not enjoy equal access to education and corts to avoid attacks by bandits. On some
employment. Women are not equally rep- occasions, the immigration authorities have
resented in government. The situation is not allowed citizens to leave the country for
worse in rural areas. Additionally, the inci- unspecified reasons.
dence of domestic abuse against women is The Central African Republic generally
very high, although rarely reported. Ap- cooperates with the United Nations High
proximately 45 to 50 percent of adult fe- Commissioner for Refugees in assisting
males have undergone female genital refugees from Chad, Sudan, Rwanda, and
mutilation. the Congo. There have been no forced re-
The welfare of children has been ne- turns of refugees to their country when they
glected. Although compulsory beyond the feared persecution.
age of five, the right to education is not ef- Several non-governmental organizations
fectively enforced because of a limited bud- operate in the Central African Republic for
get and a shortage of teachers. This failure the purpose of monitoring human rights vi-
has resulted in an increase in the number olations. In particular, the Central African
of street children who survive by begging Human Rights League (LCDH) brings
and stealing. Although prohibited by law, human rights cases before the courts.
child labor and child prostitution are prob-
James R. Lewis
lems as well.
The constitution provides for freedom of
Bibliography
religion; however, it prohibits religious fun-
damentalism. This provision is particular- Amnesty International. Amnesty International
ly aimed at Muslims. Muslims have Report 2000. New York: Amnesty Interna-
experienced harassment and extortion by tional Publications, 2000.
the authorities. This harassment is largely Central Intelligence Agency. The World Factbook
accepted by the general population because 1999. Washington, DC: Office of Public Af-
fairs, 1999.
of popular resentment of the significant role
U.S. Department of State. Central African Re-
in the economy played by Muslim mer-
public Country Report on Human Rights Prac-
chants and businessmen.
tices for 1998. Washington, DC: Bureau of
Theoretically, workers enjoy a variety of Democracy, Human Rights, and Labor, 1999.
rights, including the right to form unions ———. Central African Republic Country Report
and to strike. However, the Ministry of on Human Rights Practices for 1999. Wash-
Labor and Civil Service does not effectively ington, DC: Bureau of Democracy, Human

116
Chad
volt degenerated into a long civil war that
set the Muslim north and east against the
southern-led government. In 1979, after a
series of international conferences led by
the Organization of African Unity, the Lagos
accord was signed in Nigeria. It established
a provisional government to bring the Cha-
dian factions together. However, the coali-
tion proved fragile and the fighting
resumed. The northerners sought and ob-
tained Libyan intervention, while the south-
erners acquired military support from
Nigeria, Senegal, Zaire, and the United
States. In 1983, France also intervened to
assist in defending the southern-based pro-
visional government.
In 1990, after decades of civil war, Idriss
Deby, former northern guerrilla leader,
seized control of the government. His tran-
sitional government came to terms with
The Republic of Chad is situated in Central most political-military groups in the coun-
Africa. It is bounded on the north by Libya; on try. The territorial dispute with Libya was
the east by Sudan; on the south by Central settled on conditions favorable to Chad. A
African Republic; and in the west by popular referendum ratified a democratic
Cameroon, Nigeria, and Niger. N’Djamena is constitution in March 1996, and the first
the capital city. Chad’s population of approx- multiparty national presidential elections
imately 7.5 million includes about 200 eth- were held in June and July 1996. Deby was
nic groups. Although French and Arabic are elected president with 67 percent of the
the official languages, there are more than vote. In January and February 1997, multi-
200 different languages and dialects spoken party elections for the national assembly
in Chad. About half the population is Mus- confirmed Deby’s party, the Patriotic Sal-
lim and concentrated in the north, while most vation Movement (MPS), as the ruling party.
southerners practice Christianity (25 percent) Both the 1996 presidential elections and the
or a traditional religion (25 million). 1997 legislative elections were compromised
by reported irregularities committed by elec-
tion officers, government officials, members
BACKGROUND
of the ruling party, and other parties. Ten-
A French colony since 1920, Chad achieved sions continue between government sup-
independence in 1960. In 1965, a tax re- porters from the politically dominant

117
118 The Human Rights Encyclopedia

northern region and rebels from the subor- rape of civilians. Members of the security
dinate southern region. forces have also committed extrajudicial
Although the constitution provides for the killings. Most of the victims were unarmed
separation of powers, the government re- persons believed to support rebel groups,
mains highly centralized with a strong pres- including the armed forces for the Federal
idency. All government officials are appointed Republic/Victims of Aggression (FARF/VA)
by the central government. The prime min- in the southern region. Amnesty Interna-
ister, as the head of the government, is nom- tional reported that in March 1998, 100
inated by the president and confirmed by the people were summarily executed during a
unicameral national assembly. The legal sys- counterinsurgency campaign in the south.
tem is based on the French civil law system No government action was taken to prose-
and Chadian customary law. The judiciary cute the perpetrators, and authorities have
is subject to external influence, especially failed to provide satisfactory responses to
from the executive. inquiries made by human rights organiza-
Chad participates in many international tions regarding persons who disappeared
organizations, including the United Na- while in custody. Additionally, security
tions, and maintains close relationships forces use arbitrary arrests and detention.
with France and other members of the Prison conditions are poor. Overcrowd-
Western community. It receives economic ing, inadequate food, and poor sanitation
assistance from the European Union and are among the most serious problems. Ad-
the United States. Chad is also an active ditionally, juvenile, adult female, and male
supporter of regional cooperation through prisoners are often incarcerated together.
the Central African Economic and Customs The judiciary is ineffective due to a backlog
Union and other African commissions. of cases and a lack of funds. Judicial offi-
Because of its poor geographic location, cials have low salaries and are easily sub-
the prevalence of drought, and the politi- ject to corruption and interference from the
cal situation, Chad’s economic development executive branch. Officials and other influ-
has not reached its full potential. Annual ential persons often have immunity from
per capita GDP is estimated at $225. About judicial sanctions. In 1998, an opposition
85 percent of the population depend on leader was denied legal counsel during a
subsistence agriculture, herding, and fish- criminal trial.
ing. There is little industry. Widespread cor- Authorities infringe on citizens’ rights to
ruption and inefficient state-owned privacy by conducting arbitrary searches,
monopolies further aggravate the situation. monitoring private mail, and wiretapping
Although Chad has substantial oil reserves, without judicial approval. Chad does not
the government does not exploit these re- respect constitutional provisions regarding
sources and relies heavily on international freedom of speech and freedom of the press.
aid programs. It imposes official and informal censorship
on the press and on broadcast media. The
official media emphasizes government and
HUMAN RIGHTS
ruling party events and gives little atten-
The human rights situation is poor. The se- tion to opposition political parties. Several
curity forces commit serious human rights journalists writing for private newspapers
abuses, including torture, beatings, and have been harassed or convicted on crimi-
Chad 119

nal libel charges for their open criticism of patterns of segregation in urban neighbor-
the government. hoods are common, as are armed conflicts
Radio remains the most popular medium among ethnic and religious groups. Mem-
of communication and information, because bers of the president’s ethnic minority con-
of widespread illiteracy and the high cost of trol the public sector and hold key positions
television and newspapers. There is only one in institutions of state power. The FARF/VA
domestic non-government radio station, rebellion results in deaths and human
which is owned by the Catholic Church. rights abuses by both rebels and govern-
Governmental policies and high licensing ment forces.
fees prevent the establishment of other pri- Workers’ rights are not effectively enforced
vately owned commercial radio stations. The by Chad. The government does not enforce
state maintains its monopoly over the do- laws concerning minimum wages, maxi-
mestic television broadcasts and the inter- mum work hours, and safety standards.
national telecommunication system. There have been instances of forced labor
Although the constitution provides for free- in some areas. Additionally, the constitu-
dom of assembly and association, Chad re- tion does not specifically prohibit antiunion
stricts these rights in practice. On some discrimination. In principle, Chadians enjoy
occasions, the authorities banned legal the right to travel within the country and
demonstrations. In 1998, eight human rights abroad. In practice, roadblocks controlled
organizations were suspended after calling by security forces, guerrillas, and bandits
on citizens to protest human rights abuses impede free movement throughout the
committed by government security officers. country. Travelers are often extorted, as-
Cultural traditions support societal dis- saulted, robbed, and killed. The government
crimination against women. Women do not has not taken effective measures to address
have equal educational or job opportuni- these problems.
ties. They are underrepresented in govern- Chad generally cooperates with the Unit-
ment and politics. Additionally, domestic ed Nations High Commissioner for Refugees
violence, including female genital mutila- and provides first asylum to refugees. It has
tion, is widespread. granted refugee and asylum status, allow-
Chad has shown minimal commitment ing people to remain in Chad for resettle-
to child welfare. Compulsory education is ment. Refugees have not been forcibly
not enforced. Girls as young as eleven years returned to their countries of origin. Cha-
old are often illegally forced into marriages dian refugees are free to repatriate; howev-
by their families for the financial gain of a er, several thousand have chosen to remain
dowry. Although prohibited, the law against in the Central African Republic, Niger, Nige-
forced or bonded labor by children is not ria, Cameroon, Libya, and Sudan.
effectively enforced. People with disabilities The government occasionally restricts
do not benefit from constitutional provi- human rights organizations in their activi-
sions mandating accessibility to public ties. Domestic non-governmental organiza-
buildings. tions (NGOs) and human rights groups
The constitution also prohibits discrimi- need prior authorization to visit civilian
nation based on ethnicity or religion. How- prisons. Access is denied to military pris-
ever, interethnic marriages are rare and ons. Authorities are often unresponsive to
120 The Human Rights Encyclopedia

allegations of human rights abuses. How- Central Intelligence Agency. The World Factbook
ever, human rights groups and non-gov- 1999. Washington, DC: Office of Public Af-
ernmental organizations have played, and fairs, 1999.
continue to exercise, a major role in nego- U.S. Department of State. Chad Country Report
tiating peace accords between the govern- on Human Rights Practices for 1998. Wash-
ington, DC: Bureau of Democracy, Human
ment and rebel groups.
Rights, and Labor, 1999.
James R. Lewis ———. Chad Country Report on Human Rights
Bibliography Practices for 1999. Washington, DC: Bureau
of Democracy, Human Rights, and Labor,
Amnesty International. Amnesty International
2000.
Report 2000. New York: Amnesty Interna-
tional Publications, 2000.
Chile
and economic instability resulted in the
quasi-dictatorial rule of General Carlos
Ibanez between 1924 and 1932. After the
restoration of constitutional rule, Marxist
groups started to emerge and attempted to
support the people’s interests against those
of the dominant oligarchy.
In 1970, Dr. Salvador Allende, a Marxist
and member of Chile’s Socialist Party, won
the presidential election by a narrow mar-
gin. His program included the nationaliza-
tion of private industries and banks, and
the collectivization of farming lands. The
general deterioration of the economy in the
aftermath of his election resulted in mass
demonstrations, recurring strikes, and vi-
olence by both government supporters and
opponents, including widespread rural un-
rest. Chile’s society split in half. In 1973, a
military coup overthrew Allende, who com-
The Republic of Chile is a country in South mitted suicide. Following the coup, Chile
America. It is bounded on the north by Peru was ruled by a military regime headed by
and Bolivia, on the east by Argentina, and General Augusto Pinochet until 1990. The
on the south and west by the Pacific Ocean. first decade of the regime was marred by
Santiago is the capital city. Chile’s popula- serious human rights abuses, murders,
tion of approximately 14.9 million includes and “disappearances.” However, despite his
Spanish Native Americans (mestizo), Euro- authoritarian political rule, Pinochet al-
peans, and Native Americans. Spanish is lowed a largely free-market economy.
the official language. About 89 percent of In 1988, a national plebiscite denied
the population is Roman Catholic, the re- Pinochet a second term as president. In
mainder is largely Protestant. 1989, Patricio Aylwin, candidate of a multi-
party center-left coalition, was elected pres-
ident. In 1994, Eduardo Frei replaced him
BACKGROUND
in office. President Frei was replaced in
A Spanish colony, Chile achieved indepen- 2000 by Ricardo Lagos. In October 1998,
dence in 1810 and a parliamentary-style retired General Pinochet was detained in
democracy was established by the end of the United Kingdom, pending resolution of
the ninteenth century. However, political a Spanish extradition request on charges

121
122 The Human Rights Encyclopedia

of torture, kidnapping, genocide, and mur- eign investment. The unemployment rate is
der. The British authorities eventually re- about 9 percent nationwide. The annual per
leased Pinochet, but the Chilean supreme capita gross domestic product is estimated
court then rescinded his immunity from at approximately $4,500. About 22 percent
prosecution. It seems quite possible that of the population still lives below the pover-
Pinochet may yet receive some punishment ty line.
for the human rights violations committed
while he was in power.
HUMAN RIGHTS
Chile is a multiparty democracy with a
strong executive and a bicameral legisla- The government generally respects the
ture. The constitution, last amended in human rights of its citizens. Most human
1989, establishes institutional limits on rights concerns are related to the abuses
popular rule. However, the government has committed during the previous military
called for modifications of those constitu- regime, and the judicial system continues
tional provisions that were designed to pro- to investigate, prosecute, or close pending
tect the interests of the military and the human rights cases. Of the 1,286 individ-
conservative political opposition. The judi- uals who disappeared under the military
ciary is formally independent. regime, more than 1,000 have not yet been
Since its return to democracy, Chile has found. Under the amnesty law, the courts
been an active member of the United Na- should not close a case involving a disap-
tions and some UN specialized agencies. It pearance unless either the body is found
is also a member of the Rio Group and of or credible evidence is provided of the indi-
the Non-Aligned Movement, and it was one vidual’s death. However, application of the
of the most supportive countries of the law remains uneven within the courts. Sev-
1994 Summit of Americas. eral denials of justice in cases involving dis-
Chile’s economy is largely based on in- appearances or executions have been filed
ternational trade. It maintains its associa- with the Inter-American Commission on
tion agreements with the European Union, Human Rights (IACHR) as well as with the
Argentina, Brazil, Paraguay, and Uruguay United Nations Commission for Human
in the Southern Cone Common Market Rights (UNCHR).
(MERCOSUR), and it is a number of the Problems persist in other areas as well.
Asia-Pacific Economic Cooperation (APEC) The security forces, in particular the police,
forum. continue to commit human rights abuses in
Chile’s most important exports include the form of extrajudicial killings, torture,
copper, salmon, forestry products, fresh fruit, use of excessive force, and physical abuse
fishmeal, and manufactured goods. The of detainees in prisons. The authorities gen-
economy experienced a setback after years erally investigate allegations of abuse in-
of expansion, as a result of the global eco- volving public officials and convict the
nomic slowdown in the 1990s. Since 1981, perpetrators. However, they continue to be
the establishment of a private sector pension reluctant to offer their full cooperation in
system has been increasing domestic sav- the investigation of those who were killed
ings and the amount of investment capital, or who disappeared during and after the
which is substantially supplemented by for- 1973–1978 period. Military courts, in par-
Chile 123

independent and covers a broad variety of


political views and sensitive issues. The
electronic media are also independent of
governmental control. However, investiga-
tive journalism is still rare. In addition, the
defamation of state institutions and sym-
bols remains an offense punishable under
the State Security Law of 1958.
The government respects freedom of as-
sembly and freedom of association, includ-
ing the right of workers to form and join
unions. Occasionally, incidents were re-
ported as a result of confrontations between
the police and demonstrators. In May 1999,
a student was killed during a demonstra-
tion protesting the amount of the govern-
ment’s budget allocation for higher
education.
Various forms of discrimination still exist.
For instance, women continue to face dis-
crimination in salary and legal matters, in-
cluding divorce and property issues. In
addition, violence against women, particu-
larly sexual and domestic violence, is a se-
rious problem.
Graves probably belonging to some of the victims of Child abuse is a problem as well. UNICEF
Augosto Pinochet’s repressive regime.
reports that some form of corporal punish-
ment is used by either parent in at least 62
ticular, are prone to close cases involving percent of households. In addition, child labor
members of the armed services. is widespread, with an estimated 50,000 chil-
The security forces occasionally use ar- dren under age fifteen being in the workforce
bitrary arrest and detention. In addition, and 10,000 involved in prostitution.
constitutional provisions regarding de- People with disabilities still suffer some
tainees’ rights are not always respected. forms of discrimination in employment
The authorities neither advise detainees of and access to public services or buildings.
their charges at the time of arrest nor en- Moreover, members of ethnic minorities
sure them a prompt hearing before a judge. experience some societal intolerance and
Detention facilities are overcrowded and indigenous populations remain margin-
antiquated. Prisoners often complain of alized.
beatings and other physical abuses by The government grants refugee and asy-
guards. lum status in accordance with the provi-
The government generally respects free- sions of the 1951 United Nations
dom of speech and the press. The press is Convention Relating to the Status of
124 The Human Rights Encyclopedia

Refugees and its 1967 Protocol. It also co- Bibliography


operates with the UN High Commissioner
Amnesty International. Amnesty International
for Refugees in assisting refugees.
Report 2000. New York: Amnesty Interna-
There are several non-governmental
tional Publications, 2000.
human rights organizations (NGOs) oper- Central Intelligence Agency. The World Factbook
ating in the country without government 2000. Washington, DC: Office of Public Af-
restriction. Many international NGOs in- fairs, 2000.
vestigate human rights issues very close- Lowden, P. Moral Opposition to Authoritarian
ly. Occasionally, threats to human rights Rule in Chile, 1973–90. New York: St. Mar-
activists have been reported, although tin’s Press, 1996.
none of these threats has been carried out U.S. Department of State. Chile Country Report
recently. on Human Rights Practices for 1999. Wash-
ington, DC: Bureau of Democracy, Human
James R. Lewis
China
BACKGROUND

China is the home of one of the world’s old-


est civilizations. The first Chinese state ex-
isted more than 2,500 years ago. Since
then, the area where China is located was
occupied almost continuously by a series
of empires, with only brief periods of polit-
ical disunity. At first concentrated in the
north and east, these empires gradually ex-
panded the areas under their control to in-
clude all of present-day China. In this
process, they absorbed the local peoples
and imposed upon them their own culture
and language. Although modern China still
contains some ethnic minorities who have
maintained their cultural traditions (Mus-
lims, Tibetans), most peoples have been ef-
fectively absorbed and assimilated.
In the nineteenth century, European
China is a large country in eastern Asia bor- armies forced the Chinese Empire to allow
dered by Russia, Afghanistan, Pakistan, them to establish bases all along the Chi-
Tajikistan, Kazakhstan, Nepal, Bhutan, nese coast. From these bases—the most
Myanmar (Burmar), Laos, Vietnam, North important of which was the British-con-
Korea, and Mongolia. Its population is ap- trolled city of Hong Kong—the Europeans
proximately 1.4 billion, making it the most spread their economic and political influ-
populous country in the world. Most of its ence into the heart of China. The Chinese
people are Han Chinese (92 percent), with state, unable to withstand modern Euro-
the rest being a mix of minorities, including pean weapons, began to fall apart.
Tibetans, Mongols, Koreans, and Manchus. In the twentieth century, China has gone
The capital is Beijing. Officially the country through a long period of turmoil. The fall
is atheist, but in practice a number of Chi- of the last Chinese Empire, that of the
nese follow Buddhist, Taoist, and Confucian Manchu, or Qing, Dynasty in 1911, left
traditions (sometimes a mix of all three). China without any strong government. A
There are also Christian minorities, as well period of chaos ensued, out of which rose
as small religious sects, the largest of which two competing political movements: the
is the Falun Gong. The government is au- Kuomintang (KMT, or Nationalist Party) and
thoritarian and is completely under the con- the CCP. A final civil war between the two
trol of the Chinese Communist Party (CCP).

125
126 The Human Rights Encyclopedia

(1945–1949) forced the Nationalist govern- rapidly.


ment to flee to the island of Taiwan, and While Deng’s government allowed eco-
left the CCP in control of mainland China. nomic reform, it did not want to allow its
China’s new communist leader, Mao Ze- people any political freedom. The CCP re-
dong, gave China twenty-seven years of mained in charge. In 1989, tens of thou-
harsh and arbitrary government. The state sands of students demonstrated in Beijing’s
took complete control of the economy and Tiananmen Square, demanding more free-
cruelly punished any resistance. Poor eco- dom and some degree of democratization.
nomic policies by Mao’s government, com- The government responded by sending in
bined with political upheavals, led to the tanks and crushing the demonstrations.
death of millions of innocent Chinese. Hundreds of Chinese students died, and
Mao’s death in 1976 allowed China to many others fled abroad.
begin a slow shift toward a somewhat freer Deng died in 1997, but the new leaders
society. Mao’s successor, Deng Xiaoping, of the CCP remained firmly wedded to his
initiated economic reforms that allowed policy of continuing economic reforms with-
Chinese citizens to own property and in- out allowing any political freedoms.
vest in their own businesses. These poli- As a result of Deng’s and his successor’s
cies, combined with foreign investment, led policies, China has a growing middle and
to a Chinese economic revival. China’s upper-middle class who are starting to
economy grew, and continues to grow, enjoy the pleasures of a consumer society,

A column of Chinese tanks is halted by a lone protestor during the Tiananmen Square demonstrations, 1989.
China 127

Soldiers in the middle of rubble left after the Tiananmen Square protests were crushed, 1989.

including cell phones, DVD players, Inter- independent political party, the China
net access, and Japanese cars. However, Democracy Party (CDP), has been almost
most of the population, particularly in rural completely crushed. Most CDP leaders have
areas, remains mired in poverty. China’s been put in jail, and the small party seems
economic reforms have yet to benefit every- unlikely to recover.
one equally. The Chinese judicial system does not give
its people the right to a fair trial. The courts
are dominated by the CCP, and those ar-
HUMAN RIGHTS
rested for political reasons are almost always
China has a very poor human rights record. convicted. Trials are often held in secret, and
Most centrally, China remains a dictator- many of those on trial have no access to a
ship under the control of the CCP. The Chi- defense attorney (or they are given an attor-
nese people have no way of freely choosing ney who is an employee of the government,
their own government. Although the CCP and who cooperates with the prosecuting at-
no longer is very loyal to the socialist ideals torney in convicting the accused).
of Karl Marx, it remains determined to The police and judiciary are also tainted
maintain a one-party state. by corruption. Police and judges take
The Chinese government continues to re- bribes, and it is much more likely that a
press all political activity. The recent at- poor defendant will be convicted than a rich
tempt by a few Chinese activists to form an one. Sometimes the police and courts will
128 The Human Rights Encyclopedia

target someone who has made the mistake political crimes. These prisoners can serve
of competing with the wrong businessmen. very long sentences for relatively trivial
Entrepreneurs with government connec- crimes. One group of men remains in
tions or enough money can make it diffi- prison for the crime of throwing paint on a
cult or impossible for the competition to picture of Mao Zedong. A number of pro-
oppose them. Poorly connected business- democracy activists remain in prison who
men can even find themselves in jail with- were arrested during the 1989 Tiananmen
out having committed any crime. However, Square protests.
the government seems to make periodic The Chinese judicial system makes ex-
and sincere attempts to stamp out corrup- tensive use of the death penalty. The death
tion. In the rare event that they are caught penalty can be imposed for a variety of
and convicted, corrupt judges and police crimes, including simply opposing the gov-
can suffer severe punishment, including ernment and contributing to instability. It is
the death penalty. On May 12, 1999, seven not known how many people are executed
important Communist Party officials were each year, but the best estimates are in the
sentenced to death for corruption; six of the thousands. There are reports that against
officials were later executed. their wishes, executed prisoners have had
There have also been some attempts to their organs used for medical transplants.
improve the judicial system in China. It is The Chinese constitution forbids the use
now possible for Chinese citizens to sue of torture, but in practice this has little ef-
government officials or agencies, and thou- fect. The police in China use torture and
sands of these lawsuits are filed every year. intimidation against citizens who resist the
Accused criminals have also been given state. Methods of torture include solitary
more rights during a trial, and it is now confinement, beatings, use of electric prods,
more likely that an accused prisoner can and even being burned with cigarettes. The
escape conviction. These reforms, howev- police and security forces have targeted Ti-
er, are limited in scope and effectiveness, betan monks and nuns for particularly
and tend not to apply in political cases. harsh treatment. A number of those tor-
The Chinese prisons do not meet inter- tured die, either while in police custody or
national standards. Prisoners are treated not long afterward.
harshly, particularly political prisoners. The Chinese government also denies its
Guards commonly beat prisoners they con- citizens the right to privacy. Police and se-
sider troublemakers. In addition to regular curity forces listen in on phone conversa-
prisons, the Chinese government also op- tions, open mail, and break into homes
erates a number of labor camps where pris- without warrants. The police also monitor
oners are forced to perform hard labor as a Internet access, but this is difficult and
form of “re-education.” Medical care in pris- some Chinese dissidents have been able to
ons is poor and many prisoners leave use the Internet to spread their ideas and
prison in ill health, sometimes on the verge keep in touch with their fellow activists.
of death. Information on conditions in pris- Prominent dissidents are often put under
ons is limited because the government re- police surveillance. Government harass-
fuses to allow human rights observers to ment makes it difficult for these people to
visit any part of its prison system. lead normal lives. Some are driven nearly
Many prisoners are serving sentences for insane by the constant government intru-
China 129

sion into their lives. to be a harmless, if somewhat eccentric,


Free speech and a free press are also not collection of individuals who believe in the
allowed in China. Either directly or indi- power of meditation to achieve physical, fi-
rectly, the government controls most news- nancial, and spiritual well being (their
papers and radio stations. Journalists who leader, for example, has claimed that his
work for theoretically independent publi- meditation techniques allow him to fly).
cations practice self-censorship to avoid The Chinese government, however, has
government prosecution and intimidation. treated the Falun Gong as a threat to in-
Chinese workers do not have the right to ternal security and has continued to crack
form independent unions or go on strike, down on their activities. Many Falun Gong
and Chinese citizens do not have the rights leaders have been arrested, while many fol-
to freely assemble or to freely move about or lowers have been put into psychiatric hos-
to leave their country. However, the gov- pitals. The police and army have been
ernment is more careful about preventing called on to brutally break up Falun Gong
unwanted immigrants than stopping illegal demonstrations.
emigrants. There is an extensive network Perhaps China’s most famous human
of people smugglers who, sometimes with rights attacks on religious freedom have oc-
the cooperation of government officials, curred in Tibet. Situated in the far western
transport poor Chinese out of the country part of China, Tibet was once an indepen-
and send them to places in need of cheap dent state. Chinese troops took over the
labor. These Chinese economic emigrants country in 1950, forcing its spiritual leader,
are treated extremely harshly, sometimes the Dalai Lama, to flee to India. Since then
being forced to work in conditions that are the Chinese government has carried out a
the equivalent of slavery. policy of repressing all signs of loyalty to
China allows only limited religious free- the Dalai Lama, as well as all movement
dom. Religious organizations are allowed to toward reestablishing an independent
exist, but they must register with the gov- Tibet. Occasional demonstrations by Ti-
ernment. Those that do not register, or that betans almost always trigger immediate
do not meet the government’s approval, can and violent response by the government.
be closed down. In practice, religious mi- Thousands of protesters have been killed
norities can function, but suffer intermit- by Chinese security forces. The government
tent harassment. The degree of harassment also arrests those it suspects of disloyalty;
often seems to depend on the attitude of many of those arrested are tortured. De-
local CCP officials. In some regions officials spite these harsh policies, many Tibetans
are fairly relaxed, in other areas religious remain loyal to the Dalai Lama and con-
leaders are arrested on the slimmest of pre- tinue to pray for his return. The cause of
texts. The government recognizes and gives Tibetan independence has attracted a mod-
limited tolerance to five religions: Catholi- erate degree of international attention—in-
cism, Protestantism, Buddhism, Islam, and cluding that of some U.S. celebrities.
Taoism. Nevertheless, the Chinese government
The spiritual movement called Falun shows no sign of being willing to end its
Gong has come under particularly harsh control of Tibet.
attack in the last few years. To outside ob- Chinese citizens also do not share in the
servers, the Falun Gong adherents appear universal right to have a free family life. In an
130 The Human Rights Encyclopedia

Tibetan Buddhist monks demonstrating in favor of independence for Tibet, 1998.

effort to control its burgeoning population, prevent births, local officials—under pres-
the government puts heavy financial and so- sure to meet government birth limit quotas—
cial pressure on couples to have no more have been known to use both forced
than one child. This is particularly true in sterilizations and forced abortions.
the cities. In rural areas, controls are more Because of the cultural preference for
relaxed, and couples with two or three chil- boys over girls, female babies, whose gender
dren are more common than those with just can be determined by sonogram, are often
one. As part of these population control poli- aborted. This has resulted in 117 boys being
cies, the government also pressures people born for every 100 girls. Many human rights
with two or more children to voluntarily sub- advocates consider this anti-girl policy to be
mit to medical sterilization. Although the a threat to women’s rights. In addition,
government is not supposed to use force to these boys will have a difficult time finding
China 131

Chinese wives when they become adults. These children are taken care of in state or-
In general, women are especially victim- phanages, where conditions vary from mod-
ized in China. Wife beating is common and erately spartan to life-threatening.
is probably underreported. Most Chinese, Beyond the oppressive abuses caused by
particularly in rural areas, seem to accept CCP rule, the government’s domination by
that spousal abuse is normal. In recent one political party also has had social con-
years, the government seems to have made sequences. While it is true that economic
sincere, if limited, attempts to reduce reforms have given more Chinese a chance
spousal abuse. These efforts have been to succeed in business, a disproportionate
largely confined to China’s cities, with their share of those who have benefited from the
richer and better educated population. government’s economic reforms are mem-
Women’s poor status has led to an unusu- bers of the Communist Party, particularly
ally high female suicide rate in China. relatives of those high up in the hierarchy
About 500 women commit suicide every of power. China, despite its communist
day. The suicide rate in China is three rhetoric, is not an egalitarian society. The
times the world average. sons and daughters of party leaders have a
Women do not receive equal pay for equal much easier time getting access to funding
work and have limited access to the better and business contracts and making use of
jobs in business and government. Women the political favors that make their busi-
have become a larger presence in Chinese ness success much more likely. While
universities but still make up only about China is getting richer, not everyone is get-
one third of the student population. ting richer at the same rate. Chinese econ-
Women are also victimized by the sex omists have estimated that urban city
trade. A large number of poor Chinese dwellers, those most likely to have party
women end up working as prostitutes. Gov- connections, have twelve times the dispos-
ernment attempts to crack down on prosti- able income of rural Chinese.
tution have been compromised by some local The foreign reaction to China’s human
officials’ complicity in the trade—officials rights abuses has been muted. Western
who are supposed to prevent prostitution leaders, including U.S. presidents, have crit-
often take bribes from prostitutes or their icized China’s treatment of its own citizens
managers to allow the practice to continue. and have called on the Chinese government
The rights of children are not fully pro- to allow more freedom and political rights.
tected in China. Although the law requires However, while they criticize, they also con-
all children to get nine years of schooling, tinue to trade with China. The United States,
in practice children in poor regions may get for example, has continued to renew China’s
substantially less; some spend almost no most-favored-nation trading status, mean-
time at all going to school. In rural areas, ing that China can buy and sell to the Unit-
children are used as farm and factory la- ed States without restrictions.
borers. Conditions for children are improv- This ambivalent approach—vocally crit-
ing, however. In particular, the child death icizing China while quietly profiting from
rate has been steadily declining for the past trade deals—is prompted by two parallel
two decades. But some children remain at motivations. First, no country is eager to
greater risk. Every year, almost two million offend China, thereby allowing its econom-
children are abandoned by their parents. ic competitors to capture a greater share of
132 The Human Rights Encyclopedia

the Chinese market. A China that is getting human rights of its citizens.
richer every year is a China that most com- China does not grant any local human
panies are eager to do business with. Sec- rights groups the legal right to operate
ond, some advocates of open trade with freely. Nevertheless, human rights advo-
China argue that the best of way of making cates in China are able to informally col-
China more democratic is to expose it to lect information on human rights and
Western ideas and values and that trade is disseminate it to the outside world.
the best way to do this. Critics claim that
Carl Skutsch
both these reasons are self-serving ratio-
nalizations and that it is immoral to ignore
the suffering of many Chinese at the hands Bibliography
of their government. While these critics in-
Amnesty International. Amnesty International
clude most reputable human rights groups,
Report 2000. New York: Amnesty Interna-
it is those who wish to continue to trade
tional Publications, 2000.
with China who are currently controlling Human Rights Watch. World Report 2000. New
government policies around the world. In York: Human Rights Watch, 2000.
the near future, it seems unlikely that any U.S. Department of State. China Country Report
economic pressure will be brought to bear on Human Rights Practices for 1999. Wash-
on China to change its policies toward the ington, DC: Bureau of Democracy, Human
Colombia
BACKGROUND

Before the first permanent Spanish settle-


ment of 1525, Colombia was inhabited by
indigenous Indians who were mainly prim-
itive hunters or nomadic farmers. In 1549,
the area officially became a Spanish colony
and Santa Fe de Bogota became its capital.
The colonial period lasted until July 20,
1810, when the citizens of Bogota created
the first representative council to defy
Spanish authority and achieved indepen-
dence. In 1819, the Republic of Greater
Colombia was established, including all the
territory of the former viceroyalty of New
Granada—consisting of Colombia and what
is now Venezuela, Ecuador, and Panama—
and Simon Bolivar and Francisco de Paula
Santander were elected its first president
and vice president, respectively.
Since then, Colombian politics have been
The Republic of Colombia is located in trop-
dominated by the Conservative and the Lib-
ical South America, on the Pacific Ocean
eral parties, which grew out of the conflicts
and the Caribbean Sea. Its territory is
between the followers of Bolivar and San-
bounded by Brazil, Ecuador, Panama, Peru,
tander, and which, in the course of the past
and Venezuela. The capital city is Santa Fe
two centuries, have held the presidency for
de Bogota. With 39 million inhabitants,
roughly equal periods of time. Despite its
Colombia is the third most populous coun-
tradition of civilian government and regular,
try in Latin America, after Brazil and Mex-
free elections, Colombia’s history has been
ico. Colombia’s ethnic diversity has its
characterized by a number of military
origins in the intermingling of indigenous
coups—in 1830, 1854, and in 1953–1957—
Indians, Spanish colonists, and African
as well as by periods of widespread violent
slaves. Unlike other Latin American coun-
conflict. The two civil wars known as the
tries, Colombia has few foreign immigrants.
War of a Thousand Days (1899–1902) and
Roman Catholicism constitutes the major
“La Violencia” (late 1940s–1950s) stemmed
religious denomination (95 percent), and
from rivalry between the Conservative and
Spanish is the official language.
Liberal parties. A provisional government—

133
134 The Human Rights Encyclopedia

the National Front—under which the Lib- ucts, chemicals and petrochemicals, cement,
eral and Conservative parties would govern construction, iron and steel products, and
jointly, was installed in 1957 and ended “La metalworking. The diverse climate and topog-
Violencia.” raphy of its territory permit the cultivation of
The National Front is known for its ac- a wide variety of crops. In 1997, agriculture
complishments in terms of social and eco- accounted for 18 percent of Colombia’s gross
nomic reforms. With major financial domestic product (GDP). Colombia is also one
backing by the United States, the National of the world’s leading suppliers of refined co-
Front focused on resolving problems of in- caine and a growing supplier of heroin, both
flation, unemployment, and inequitable in- of which are channeled to drug markets in
come distribution. After the end of the the United States. The Colombian drug car-
National Front in 1978, the government tels are among the most sophisticated crim-
made considerable efforts to end the Cuban- inal organizations in the world.
backed insurgency that was trying to un- The economic reform program which went
dermine Colombia’s traditional democratic into effect during the Gaviria administration
system. In addition to the guerrillas, the (1990–1994) featured major efforts toward
government also had to contend with nar- economic liberalization and international
cotics traffickers, who were responsible for trade and investment. The resulting eco-
a number of indiscriminate acts of violence. nomic growth however, has slowed signifi-
Andres Pastrana—the current president of cantly after 1996, under President Ernesto
Colombia since 1998—has expressed his Samper’s administration. As of 1998, Colom-
commitment to ending Colombia’s long- bia’s GDP growth rate (2 percent) ranked
standing civil conflict as well as to combat- among the lowest in Latin America. Further,
ing illegal drug trafficking. the unemployment rate was at its highest
The national government has separate level, and the export sector was in jeopardy
executive, legislative, and judicial branch- as a result of increasing guerrilla violence.
es. The president is the chief of state and The 1886 Colombian constitution was re-
head of government, the legislature is rep- placed in 1991. The new constitution has
resented by the bicameral Congress, and strengthened the administration of justice
the judiciary consists of the Supreme with the new provision for introducing an
Court, the Constitutional Court, and the accusatorial system (in the Anglo-American
Council of State. The president is elected for style) which is planned to replace the ex-
a four-year term and cannot be reelected. isiting Napoleonic Code system. The con-
Colombia has traditionally played an active stitution expanded citizens’ basic rights,
role in the United Nations, in the Organi- including that of tutela, in which individu-
zation of American States, and in their sub- als can request an immediate court action
sidiary agencies. if they feel that their constitutional rights
Very rich in natural resources—most no- are being violated and there is no other
tably minerals and energy resources—Colom- legal recourse.
bia is considered the most industrially
diverse member of the five-nation Andean
HUMAN RIGHTS
Community. Its industries include textiles
and clothing, leather products, processed Although there have been some improve-
foods and beverages, paper and paper prod- ments over the years, the respect for
Columbia 135

human rights is still very poor in Colom- tary, and drug trafficking and guerrilla or-
bia. Internal armed guerrilla conflicts and ganizations who are alleged to be involved
narcotics trafficking represent the major in massacres, extrajudicial killings, kid-
causes of human rights violations. Gov- nappings, and terrorism.
ernment forces continue to commit serious The authorities sometimes infringe on cit-
abuses, including political assassinations izens’ privacy rights and, although the con-
and other extrajudicial killings. Further, stitution provides for freedom of the press,
since 1977, an estimated 3,000 cases of journalists regularly practice self-censorship
forced “disappearances” have been report- and refrain from publishing stories counter
ed to the authorities and very few have been to the interests of paramilitary groups, guer-
resolved. Although the constitution and rillas, or narcotics traffickers because of fear
criminal law explicitly prohibit torture and caused by threats and intimidation.
degrading treatment and punishment, The constitution provides for complete re-
many incidents of police and military tor- ligious freedom, and the government usu-
ture and mistreatment of detainees contin- ally respects this right in practice. By
ue to be reported. Security forces often contrast, extensive societal discrimination
collaborate with paramilitary groups which, against women, minorities, and the indige-
throughout the country, commit abuses nous peoples still continue. Rape and other
against civilians suspected of sympathiz- acts of violence against women and children
ing with guerrillas. constitute a serious problem, as is child
Prison conditions are generally very harsh. prostitution. Vigilante and paramilitary
Prisons are usually very overcrowded, and groups often engage in “social cleansing”—
more favorable treatment is usually obtained the killing of street children, prostitutes, ho-
by means of bribes or intimidation. mosexuals, and others deemed socially
Arbitrary arrest and detention, as well as undesirable.
prolonged pretrial detention, represent se- Despite significant constitutional and leg-
rious problems due to the inefficiency of the islative commitments to assist and protect
civilian judiciary, which is severely over- children, to foster their development, and to
burdened by a large case backlog, and un- assure the full exercise of these rights, chil-
dermined by intimidation and the prevailing dren’s rights are implemented only to a
climate of impunity. Less than 3 percent of minimal degree. The use of child soldiers
all crimes committed nationwide are prose- by guerrillas and drug gangs is common.
cuted successfully. Judges have long been Further, both women and children have
subject to threats and intimidation, partic- faced an increased threat of torture and
ularly when dealing with cases involving sexual assault because of the endemic vio-
members of the armed forces or the para- lence between drug lords, guerrillas, and
military, narcotics and guerrilla organiza- government forces.
tions. In order to deal with the impunity Despite the special recognition given by
problem, the prosecutor general in October the constitution to the fundamental rights
1995 created a special Human Rights Unit of indigenous peoples, many members of
as part of the regional courts system. This indigenous communities continue to be vic-
unit has achieved limited but real results, tims of Colombia’s internal conflict. More-
issuing arrest warrants against members over, people of African descent also
of the public security forces, the paramili- continue to suffer from discrimination.
136 The Human Rights Encyclopedia

The constitution provides citizens with Many non-governmental human rights


the right to travel freely, both domestically groups are active in Colombia and the gov-
and abroad. However, outsiders who wish ernment generally does not interfere di-
to enter Indian tribal reserves must be in- rectly with their work. However, such
vited, and safe-conduct passes are required groups often work under constant fear of
in order to enter areas under the control of attack from paramilitary or guerrilla forces.
either paramilitary forces or guerrillas. Human rights monitors are often subject
The Colombian constitution provides for to surveillance, harassing phone calls, graf-
freedoms of assembly and of association, and fiti campaigns, and threats by the military,
the government respects this right in prac- police, paramilitary, and guerrilla forces.
tice. Workers are usually allowed to organize
James R. Lewis
unions and to strike. However, workers’ bar-
Bibliography
gaining power is often limited due to high un-
employment, traditional anti-union attitudes, Amnesty International. Amnesty International
and weak union organization and leadership. Report 2000. New York: Amnesty Interna-
In general, inadequate attention from the tional Publications, 2000.
unions, as well as a lack of public safety Central Intelligence Agency. The World Factbook
awareness and lax enforcement by the Labor 1999. Washington, DC: Office of Public Af-
fairs, 1999.
Ministry, result in a high level of industrial
U.S. Department of State. Colombia Country Re-
accidents and unhealthy working conditions.
port on Human Rights Practices for 1998.
Slavery and any form of forced or com-
Washington, DC: Bureau of Democracy,
pulsory labor are forbidden by law. Howev- Human Rights, and Labor, 1999.
er, although the constitution bans child ———. Colombia Country Report on Human
labor, this prohibition is largely ignored in Rights Practices for 1999. Washington, DC:
practice, especially in the informal labor Bureau of Democracy, Human Rights, and
sector and in rural areas. Labor, 2000.
Comoros
moros was granted political autonomy, and
in 1975, independence was achieved. How-
ever, France continued to maintain its rule
over the island of Mayotte. Since then, a
succession of coups and political insurrec-
tions has characterized Comoros’ history.
Democracy is still weak and, in practice,
the Comorians have not been able to
change their government through peaceful
and fair elections.
Since 1997, the inhabitants of Anjouan
have had a three-way split in opinion
among those who want to return to French
colonial administration, those who support
independence, and those who favor a loos-
er federation with the islands of Grand Co-
more and Moheli.
The Comorian constitution provides for
the sovereignty of the people and the sep-
aration of powers of their elected represen-
The Federal Islamic Republic of the Comoros tatives. The president holds the executive
is a group of islands in the Indian Ocean be- power, while the Federal Assembly holds
tween Madagascar and the east coast of the legislative power. The judiciary is nom-
Africa. Three of them, Grand Comore, An- inally independent, but in practice the ex-
jouan, and Moheli, form the Republic of Co- ecutive and other elites exert a significant
moros, while the fourth, Mayotte, is governed influence. The constitution stipulates that
by France. Moroni is the capital city. Ap- all political parties have to win at least two
proximately 80 percent of the population is of seats per island during the legislative elec-
African Arab origin and lives on Grand Co- tions in order to be represented in the Fed-
more, Anjouan, and Moheli. Islam is the eral Assembly.
dominant religion. A large minority of the cit- Local politics is in the hands of tradition-
izens living on Mayotte are Catholic and are al village chiefs and Muslim religious lead-
strongly influenced by the French culture. ers, whose social and religious opinions
The Comorians speak Shikomoro, a Swahili greatly affect Comorian society and econo-
dialect. French and Arabic are also spoken. my. Comoros is extremely poor and is one of
the least developed countries in the world.
Per capita income was approximately $450
BACKGROUND
per year in 1997. The country relies pri-
The islands became an overseas territory marily on foreign assistance from Arab
of France after World War II. In 1961, Co- countries, France, and the European Union.

137
138 The Human Rights Encyclopedia

Agriculture dominates its economy, with the race, disability, religion, language, and so-
export of vanilla, essence of ylang-ylang, and cial status.
cloves as the main revenue source. However, some problems persist. Como-
Comoros has been a member of the Unit- rian society is male dominated, and women
ed Nations since 1975. It is also a member, are not equally represented in politics or
among others, of the Organization for African business. Particularly in rural areas,
Unity, the European Development Fund, women’s traditional roles are tied to child
and the International Monetary Fund. rearing and farming which preclude their
opportunities for education and careers.
The government does not protect children’s
HUMAN RIGHTS
rights and welfare. Extreme poverty often
The human rights situation in Comoros forces parents to place their children with
continues to be precarious. The security other families. Most of these children end
forces occasionally use violent means to up working as domestic servants. There is
suppress protest groups. In May 1998, one no legislation mandating accessibility to
person was killed and five were seriously public buildings or services by the disabled.
wounded during the protests following the The constitution prohibits discrimination
government’s closure of the opposition based on religion; however, in practice, the
party’s Radio Tropique. Members of the se- government favors the principles of Islam,
curity forces set a fire at the home of the which affects all aspects of the country’s
radio station’s owner. political and cultural life. Since 1996, there
Prison conditions remain poor. Prisons are has been a ban on immodest dress and al-
overcrowded, prisoners lack medical care, cohol; the latter can be imported and sold
and food rations are inadequate. The law only under governmental control.
does not specify any time limit for pretrial The government generally cooperates
detentions. Detainees often cannot obtain with human rights groups, including in-
legal representation and they have to rely on ternational organizations such as the In-
paralegal lawyers; in addition, the constitu- ternational Committee of the Red Cross.
tion does not provide for free legal counsel. However, members of the Comoros Human
The constitution does not grant freedom of Rights Association do not criticize the gov-
the press. Radio Comoros, the national radio ernment for fear of losing their jobs.
station, is controlled by the government.
James R. Lewis
However, independent journals and region-
al radio stations operate without interfer-
Bibliography
ence. Foreign newspapers and books are
available as well. There are some limitations Amnesty International. Amnesty International
to academic freedom; there is no university, Report 2000. New York: Amnesty Interna-
and public schools are of poor quality. tional Publications, 2000.
Central Intelligence Agency. The World Factbook
The constitution does not provide for free-
1999. Washington, DC: Office of Public Af-
dom of assembly and association, but citi-
fairs, 1999.
zens usually enjoy this right in practice.
U.S. Department of State. Background Notes:
However, following the recent crisis in An- Comoros. Washington, DC: Bureau of African
jouran, the government banned all antigov- Affairs, 1997.
ernment demonstrations. The government ———. Comoros Country Report on Human Rights
generally respects the constitutional provi- Practices for 1999. Washington, DC: Bureau of
sions against discriminations based on sex, Democracy, Human Rights, and Labor, 2000.
Congo, Democratic Republic
which Mobutu had renamed Zaire, then re-
turned to its original name of the Democ-
ratic Republic of the Congo.

BACKGROUND
Since 1994, the DROC has been engulfed in
an ethnically fueled civil war that was
sparked by a massive inflow of refugees
from the fighting in neighboring Rwanda
and Burundi. In 1997, Kabila allied with
the Rwandan military to force Mobutu from
power.
After ousting Mobutu, Kabila tried to
expel the Rwandan forces that had assist-
ed him. However, Rwanda desired to main-
tain a strong military presence in Congolese
territory because the Congo had served as
a base for Hutu-led insurgency groups,
which constituted a threat to the Tutsi-led
The Democratic Republic of the Congo governments of Rwanda, Burundi, and
(DROC) is located in central Africa, north- Uganda. In order to maintain a military
east of Angola. Commonly known as Congo, presence in the DROC, and to contain the
as well as Congo-Kinshasa, it should not threat of the Hutu guerrilla groups, the gov-
be confused with Republic of the Congo, ernments of Rwanda, Burundi, and Ugan-
commonly called Congo Republic. It gained da created and militarily supported two
its independence from Belgium in 1960. It separate anti-government organizations:
shares borders with the Republic of the the Congolese Rally for Democracy, and the
Congo, the Central African Republic, Movement for the Liberation of the Congo.
Sudan, Uganda, Rwanda, Burundi, Tanza- By the end of 1999, Kabila’s government in
nia, Zambia, and Angola. It has a popula- Kinshasa had lost control of half of the
tion of approximately 50 million, divided country to these organizations.
between more than 200 separate ethnic The DROC security forces consist of a na-
groups. Its capital is Kinshasa. The DROC tional police force under the Ministry of the
is ruled autocratically by President Laurent Interior, a National Security Council, the
Desire Kabila, whose Alliance of Democra- National Intelligence Agency, and the Con-
tic Forces for the Liberation of Congo-Zaire golese Armed Forces, which has a security
overthrew the authoritarian regime of suborganization, the Office for the Military
Mobutu Sese Seko in 1997. The nation, Detection of Subversive Activities.

139
140 The Human Rights Encyclopedia

Because of the war, most sectors of the ground. No disciplinary action was taken
economy continue to decline. Both the pri- in any of these instances. There have been
vate and public sectors are insolvent, and hundreds of substantiated reports of simi-
little or no aid has been granted. Rebel-held lar events.
areas are increasingly being integrated fi- There were also many reported cases of
nancially and administratively into the disappearances, although in most in-
economies of Rwanda and Uganda. stances, these were war-related. The bod-
ies of many persons kidnapped and killed
extrajudicially in the war were burned,
HUMAN RIGHTS
dumped in rivers, or buried in mass graves.
The Kabila government has a poor human The government keeps no record of the iden-
rights record. Security forces commit nu- tities of the people killed in this manner.
merous extrajudicial killings. In 1998, the The government often holds suspects
government embarked on a campaign of without charges. Human rights and reli-
genocide to eliminate all Tutsis and sus- gious groups point out that the number of
pected Tutsis from territories under its con- security agencies and detention centers
trol. By the beginning of 1999, these have increased along with the number of
killings had tapered off. Most Tutsis in arbitrary detentions. Prison conditions are
areas under government control had either harsh and life-threatening. In many cases,
fled or gone into hiding. In addition, the Ka- there is no way to survive without the help
bila government supported Hutu armed of family or friends. Guards often steal
groups and other militias, which also en- food brought to prisoners. Many inmates
gaged in genocide against Tutsis living in have no access whatsoever to sanitation,
areas held by rebel forces. potable water, or medical care. There were
Government security forces have also reports of guards forcing an estimated
killed many non-combatants. In Kinshasa, sixty prisoners into a small cell with bare-
on the night of January 6, 1999, members ly enough room to stand. Reportedly, these
of the Presidential Guard stole a student’s inmates were not given food or water and
personal belongings and then beat him to were forced to urinate and defecate on the
death, later accusing him of being a mem- floor. Diseases such as tuberculosis are
ber of the rebellion. In February, also in pervasive. Prison guards often rape female
Kinshasa, a soldier shot and killed a civil- inmates.
ian who bumped into his table at a bar. On Citizens are denied the right to a fair trial.
April 17, unidentified soldiers hailed a bus The judiciary is ineffective, ill trained, and
and ordered the driver to take them to Kin- subject to manipulation by the executive
shasa’s international airport. When the dri- branch. There is no right to appeal, and
ver explained that he was taking a woman many defendants lack counsel. Between the
in labor to the hospital, the soldiers shot months of January and August in 1999, at
and killed him, leaving the pregnant women least 183 people were tried and convicted
alone in the bus. In November, soldiers by military tribunals. Of these, approxi-
broke into a house party and accused those mately 100 were sentenced to death. Be-
present of making too much noise. One stu- tween the months of August and November
dent was whipped to death when he refused 1999, that rate sharply increased, as the
an order to go outside and sit on the tribunals sentenced 278 people to death.
Congo, Democratic Republic of the (Zaire) 141

By late November 1999, over 142 of these less critical of the government than are pri-
people had already been executed. Many of vate newspapers.
the alleged offenses were non-violent in na- There are two domestic Internet service
ture, including mismanagement of public providers, but because of high costs and
funds and the private distribution of gov- low availability, the Internet is not widely
ernment-owned commodities such as gaso- used. The government restricts academic
line. Others were put to death on charges of freedom. Fearful of reprisal, professors at
robbery, inciting mutiny, and looting. The universities practice self-censorship in their
government has occasionally staged pub- lectures. Some professors have been ar-
lic mass executions in stadiums. rested and tortured.
Security forces repeatedly raid private There is no right to freedom of assembly.
homes and businesses, seizing documents In September, students at Kinshasa Uni-
and other property and arresting employ- versity planned a demonstration in support
ees. When breaking into private residences, of striking faculty but were stopped by the
if the suspect was not available, authori- police. Kabila threatened to shut down the
ties often arrested or beat family members university indefinitely and expel its 28,000
in order to determine the location of the students, but the unrest subsided and the
original suspect. In July 1999, soldiers en- crisis was averted. There is no legal pro-
tered the home of a civilian without a war- tection for the right of freedom of associa-
rant, seeking to arrest him for unknown tion. Although political parties themselves
reasons. Upon finding that he was not are legal, political activities are banned and
home, the soldiers stole money and arrest- participants are subject to arrest.
ed his pregnant wife and sister, who were Freedom of religion is legally recognized
held hostage until he appeared. There have and generally respected in practice. Al-
been reports that soldiers have raped though the government promulgated a de-
women during similar raids. cree that forces all non-governmental
The government is believed to monitor organizations, including religious organi-
telephone communications. zations, to meet certain requirements, this
Freedom of speech and freedom of the decree was not enforced and most foreign
press are increasingly curtailed under Ka- missionaries have been allowed to evange-
bila’s administration. Journalists and re- lize with minimum intervention. There have
porters are routinely harassed and been no reports of the government banning
intimidated; over eighty were arrested dur- or dissolving any religious group.
ing 1999. Because of widespread illiteracy Freedom of movement is severely re-
and the rising cost of newspapers, radio re- stricted. Travel is dangerous due to roving
mains the primary source of news for citi- bands of soldiers and thieves. Roadblocks
zens. There are six radio stations in are often used to extort money from travel-
Kinshasa. Under Mobutu, all the radio sta- ers. In Kinshasa, a nighttime curfew is en-
tions were government owned. Upon com- forced. In rebel-controlled territories there
ing to power, Kabila lifted this restriction, is substantially more freedom of movement,
although two radio stations are still under but it is almost impossible to cross from
government control. Opposition parties are one zone to the other.
prevented from gaining access to radio sta- Domestic violence against women, in-
tions, and private radio is demonstrably cluding rape, is common. Although rape is
142 The Human Rights Encyclopedia

considered a crime, it is rarely punished by During 1999, Kabila’s administration


criminal proceedings and it is not consid- grew increasingly hostile to human rights
ered a significant offense by either the au- groups and non-governmental organizations
thorities or the media. Women are relegated seeking to operate within the country. There
to second-class citizenship. They serve as are numerous active domestic human rights
field laborers and domestics, and bear sole organizations, although they are frequently
responsibility for child rearing. They receive harassed and detained. The government has
less education and are required to seek not conducted any investigations into the
their husbands’ permission before entering greatest recent human rights violation of all
into legally binding contracts. Women are in the Congo: the mass killing of Tutsis
able to inherit their husbands’ property and within DROC borders. United Nations’ re-
receive a settlement in divorce. However, in quests to release political prisoners and end
practice, they are often denied these rights. capital punishment have gone unheeded.
Female genital mutilation is still practiced
Eric Busch
in isolated areas in the north. The govern-
Bibliography
ment has not addressed this issue.
There is almost no government spending Amnesty International. Amnesty International
on children. Primary school education is Report 2000. New York: Amnesty Interna-
not compulsory, free, or in some cases, tional Publications, 2000.
Central Intelligence Agency. The World Factbook
even available. Parents are expected to pay
2000. Washington, DC: Office of Public Af-
schoolteachers’ salaries, with the result
fairs, 2000.
that education only exists where parents
Human Rights Watch. World Report 2000. New
have formed a local cooperative. As the York: Human Rights Watch, 2000.
country’s economic prospects darken, fewer U.S. Department of State. Democratic Republic of
parents have the money to educate their the Congo Country Report on Human Rights
children. Some children as young as age Practices for 1999. Washington, DC: Bureau
ten serve in the armed forces. of Democracy, Human Rights, and Labor,
2000.
Congo, Republic of the
tion is Christian. The remainder practice
traditional indigenous religions or Islam.

BACKGROUND
Originally a French colony, Congo achieved
independence in 1960. In 1964, it became
a one-party state and, in 1967, following a
military coup it became a Marxist state.
One-party rule lasted until 1992, when
President Pascal Lissouba was elected. In
1997, a civil war broke out between Presi-
dent Lissouba’s forces and forces support-
ing Denis Sassou-Nguesso, a northerner
belonging to the minority Mbochi ethnic
group who served as a president during the
period of one-party rule. In October 1997,
Sassou-Nguesso prevailed. He established
a transitional government, replacing the
1992 constitution with a new Fundamental
The Republic of the Congo, also called Act. It is estimated that at least 8,500 Con-
Congo-Brazzaville, is a country in West golese, primarily from the southern regions,
Africa. It should not be confused with the fled the country to the Democratic Repub-
Democratic Republic of the Congo (former- lic of the Congo between October and De-
ly Zaire), now commonly called Congo or cember 1998.
Congo-Kinshasa. The Republic of the Congo The government is led by a strong pres-
borders the Atlantic Ocean, and is located ident who is vested with regulatory powers
between Angola and Gabon. Brazzaville is and the power to appoint all military, exec-
the capital city. The population of approx- utive, and judicial officials. Legislative au-
imately 3 million includes four major eth- thority resides in the national transitional
nic groups speaking different primary council, which replaced the bicameral Par-
languages. The largest ethnic group is the liament after the civil war and is dominat-
Kongo, who represent almost half of the ed by allies of the government.
country’s population. Before the civil war Since 1997, civil unrest has been wide-
in 1997, approximately 8,500 Europeans, spread, resulting in thousands of displaced
mostly French, were residing in the coun- persons and deaths. The economy has also
try. After the destruction of foreign busi- been seriously affected by the civil war. The
nesses during the war, many fled the oil industry remains the primary export and
country. About 50 percent of the popula- source of revenue. In addition, the country

143
144 The Human Rights Encyclopedia

receives financial assistance from interna- ing, searching, and looting private homes.
tional organizations. Widespread corrup- It is also generally believed that authorities
tion and the high priority given to defense monitor mail and telephone conversations.
and security investment has created ex- The Fundamental Act provides for freedom
treme poverty among the population and of speech and the press. However, the cen-
impedes further economic growth. tral government maintains a monopoly on
the broadcast media and no political views
are aired except those supporting govern-
HUMAN RIGHTS
mental polices. There is no state-owned
The Republic of the Congo’s human rights newspaper, and private newspapers occa-
record is poor. Citizens do not have the sionally are critical of the government. How-
right to change their government until a ever, print media are limited in their
new constitution is approved. A lack of fair circulation. The provisional government
representation by various political parties generally respects freedom of assembly and
in the legislative body further compromis- association. Political parties, workers’
es the exercise of political rights by citizens. unions, and other groups are free to form,
The security forces, including former mem- provided they respect and cooperate with
bers of progovernment militias and armed authorities.
forces from Angola, Chad, and other neigh- The Fundamental Act condemns dis-
boring countries supporting the govern- crimination based on race, sex, religion,
ment, have committed serious human language, or social status. However, tradi-
rights abuses. There have been reports of tional practices still discriminate against
extrajudicial killings, summary executions, women in employment and education, par-
disappearances, rape, and other violent ticularly in rural areas. Women continue to
acts against rebels and civilians. be underrepresented in government and
Security forces also use arbitrary arrest, politics. Illiteracy among women is higher
detention, torture, and other degrading than among the male population. Violence
treatment against prisoners. There are fewer against women, particularly domestic vio-
than 100 political prisoners held in deten- lence, is widespread, although it often goes
tion centers. Prison conditions are harsh, unreported.
often life threatening. Overcrowding, lack of The welfare of children is generally not
sanitation, lack of medical care, and inad- respected. There are a conspicuous number
equate nutrition are major problems. of street children in the capital. Laws re-
The judiciary is subject to corruption and garding child labor and compulsory edu-
executive pressure. In addition, a backlog of cation are not effectively enforced. Although
cases, untrained personnel, and a lack of the law protects against discrimination
resources effectively deny citizens the right based on disability in education and em-
to fair and timely trials. Traditional courts ployment, in reality the government is un-
handle local disputes. In recent years, the able to enforce those provisions due to
phenomenon of mob violence by vigilantes financial constraints. The law does not
who render justice against presumed crim- mandate accessibility to public buildings
inals, has been increasing. for the disabled.
Security forces reportedly infringe on the Ethnic discrimination is practiced widely
citizens’ right to privacy by illegally enter- by all ethnic groups. Tensions are especial-
Congo, Republic of the 145

ly evident between the ethnic groups of the There are several domestic human rights
more prosperous southern region and those organizations operating in the country with
ethnic groups living in the less-developed minimal restrictions. They publish reports
north. Additionally, discrimination is re- denouncing serious violations of human
ported against the indigenous Pygmies, who rights. Occasionally, members of human
number in the tens of thousands and live rights groups have been threatened by the
primarily in the northern forest regions. authorities. International human rights or-
They are considered socially inferior and are ganizations, including Amnesty International
therefore denied equal treatment in em- and the International Federation of Human
ployment, education, or health care within Rights Leagues, are free to visit the country
the predominantly Bantu society. and collaborate with local human rights and
Workers’ rights are not enforced. The ob- other non-governmental organizations.
servance of safety and health regulations
James R. Lewis
by employers is often lax. The law forbids
forced or compulsory labor, including child
Bibliography
labor, but such practices are known to
occur. Citizens are restricted in their Amnesty International. Amnesty International
movement within the country by military Report 2000. New York: Amnesty Interna-
checkpoints, especially at night and in tional Publications, 2000.
Central Intelligence Agency. The World Factbook
areas of insecurity. Security forces report-
1999. Washington, DC: Office of Public Af-
edly extort bribes from travelers.
fairs, 1999.
The Republic of the Congo has shown its
U.S. Department of State. Republic of Congo
commitment to abide by international laws Country Report on Human Rights Practices for
regarding the right to asylum and refugee 1998. Washington, DC: Bureau of Democra-
status. The government has sought the co- cy, Human Rights, and Labor, 1999.
operation of the United Nations High Com- ———. Republic of Congo Country Report on
missioner for Refugees in assisting Human Rights Practices for 1999. Washing-
Rwandans, Angolans, and other ethnic ton, DC: Bureau of Democracy, Human
groups who flee from their countries. Rights, and Labor, 2000.
Costa Rica
BACKGROUND
A Spanish colony since 1522, Costa Rica
achieved independence in 1821 in a joint
effort with other Central American
provinces. In 1838, after withdrawing from
the Central American Federation, Costa
Rica became a sovereign state. The first
democratic elections were held in 1899.
Federico Tinoco established a dictatorship
in 1917 that lasted until 1919. Democracy
was restored until 1948, when Jose
Figueres organized a military rebellion dur-
ing a disputed presidential election. A new
constitution was adopted, providing for uni-
versal suffrage and the abolition of the
army. Since then, political stability and
peaceful democracy have characterized
Costa Rica.
The constitution provides for the division
of powers. The president, as the head of
government and chief of state, two vice-
The Republic of Costa Rica is situated in presidents, and the cabinet make up the
Central America. It is bounded on the north executive branch. A unicameral assembly
by Nicaragua, on the southeast by Panama, elected every four years comprises the leg-
on the east by the Caribbean Sea, and on islature. The Supreme Court of Justice
the west by the Pacific Ocean. San Jose is comprises the independent judiciary and is
the capital city. Costa Rica has a popula- elected by the legislative assembly. The
tion of approximately 3.3 million. Costa Ri- Ministry of Public Security includes the
cans are mostly of European descent, Border Guard, the Rural Guard, and the
particularly from Spain, and are Spanish Civil Guard.
speaking, with indigenous peoples com- Costa Rica remains an active member of
prising 1 percent of the population. In ad- the international community. It has been
dition, descendants of nineteenth-century a strong proponent of human rights and
Jamaican immigrants constitute an Eng- peaceful negotiations to support democra-
lish-speaking minority. Most of the popula- cy in Central America countries, such as in
tion (95 percent) is Roman Catholic; much Nicaragua and El Salvador, as well as else-
of the remainder is Evangelical Protestant. where in the world. Costa Rica broke rela-

146
Costa Rica 147

tions with Cuba in 1961 to protest Cuban Europe (32 percent). Per capita income
support of leftist subversion in Central reached $2,900 in 1997.
America; since then Costa Rica has not had
a diplomatic relationship with Cuba. In
HUMAN RIGHTS
1995, Costa Rica established a migration
office in Cuba. Costa Rica was the first country to recognize
Costa Rica has supported the United the UN High Commission for Human Rights
States’ efforts to implement United Nations and the Inter-American Human Rights
Security Council Resolution 940, which Court. Costa Rica proclaimed its neutrality
was issued in 1994, supporting reestab- in 1995, but remains one the most active
lishment of a democratically elected gov- members in the international community.
ernment in Haiti. Various human rights groups operate with-
Costa Rica’s economy is based primarily out government restriction, investigating and
on agriculture, commerce, and tourism. In- publishing their findings on human rights
dustry activity is growing, thanks mainly cases. Government officials are cooperative
to financial assistance from the United and responsive to their views. The Costa
States, and as of 1998 reached 22 percent Rican Commission for Human Rights, the
of GDP. Foreign trade takes place mainly Commission for the Defense of Human
with the United States (42 percent), and Rights in Central America, and the Family

An overseer supervises a migrant farm worker.


148 The Human Rights Encyclopedia

and Friends of Political Prisoners of Costa vately owned radio stations, all of which
Rica monitor and report on human rights, pursue independent editorial policies. While
as does an ombudsman’s office. the media in general freely criticize the gov-
Several international organizations con- ernment, there were unconfirmed allega-
cerned with human rights are located in tions that the government withheld
San Jose, including the Inter-American In- advertising from some publications in order
stitute for Human Rights and the Inter- to influence or limit reporting. In 1996, the
American Court of Human Rights. legislative assembly passed a “right of re-
The Costa Rican constitution grants sponse” law that provides persons criticized
human rights and freedom to its citizens. in the media with an opportunity to reply
As a result, the government generally re- with equal attention and at equal length.
spects the human rights of its citizens, and The constitution establishes Roman
the law and judiciary have the means of Catholicism as the state religion, but people
dealing with any abuse in this area. How- of all denominations freely practice their re-
ever, lengthy pretrial detention and delays ligion without government interference. Re-
by the judiciary remain a problem in Costa ligious education teachers, including those
Rica. Although the police respect the rights in public schools, must be certified by the
of the citizens, there were some cases of Roman Catholic Episcopal Conference.
abuses in the past. In August 1999, there Costa Rica is famous for granting asy-
were six reports of police misconduct and lum, especially to citizens of other South
the ombudsman’s office is still investigating American countries. In 1998, only one ap-
those complaints. plication was refused. The government co-
Prisoners receive humane treatment. operates with the office of the United
However, prison overcrowding is a problem Nations High Commissioner for Refugees
in Costa Rica, with the prison population and other humanitarian organizations in
at 67 percent above planned capacity. The assisting refugees. The constitution specif-
government permits prison visits by inde- ically prohibits repatriation of anyone sub-
pendent human rights monitors. ject to potential persecution, and there were
The constitution provides for the right to no reports of forced expulsion of persons to
a fair trial, and an independent judiciary a country where they feared persecution.
vigorously enforces this right. However, per- Abuse of women and children is a serious
sons accused of serious offenses, who are problem in Costa Rica. However, the gov-
held without bail, sometimes remain in pre- ernment has dedicated itself to solving this
trial custody for long periods of time. problem. A law against domestic violence
Lengthy legal procedures, numerous ap- that classified certain acts as criminal was
peals, and large numbers of detainees passed. However, reports of the abuse of
cause delays and case backlogs. There were women and children have increased in re-
802 accused persons jailed awaiting trial cent years. While women are active in all
as of March 31, 1998, representing 17 per- areas of life, including business and gov-
cent of the total prison population. ernment, they often receive smaller salaries
There are nine major privately owned than their male counterparts. The govern-
newspapers, several weekly and monthly ment is committed to children’s rights and
periodicals, twenty privately owned televi- welfare through well-funded systems of
sion stations, and more than seventy pri- public education and medical care.
Costa Rica 149

The Equal Opportunity for Persons with Bibliography


Disabilities Law prohibits discrimination,
Amnesty International. Amnesty International
provides for health care services, and man-
Report 2000. New York: Amnesty Interna-
dates access to buildings for persons with
tional Publications, 2000.
disabilities. This law is not widely enforced, Central Intelligence Agency. The World Factbook
however, and many buildings remain inac- 1999. Washington, DC: Office of Public Af-
cessible to persons with disabilities. fairs, 1999.
The law specifies the right of workers to U.S. Department of State. Costa Rica Country
join unions of their choosing without prior Report on Human Rights Practices for 1998.
authorization, although barriers exist in Washington, DC: Bureau of Democracy,
practice. About 15 percent of the workforce Human Rights, and Labor, 1999.
is unionized, almost entirely in the public
sector. Unions are independent of govern-
ment control.
James R. Lewis
Co te d' Ivoire (Ivory Coast)
BACKGROUND

Côte d’Ivoire is a republic with a strong pres-


idency. A former French colony, Côte
d’Ivoire achieved independence in August
1960, when a multiparty presidential regime
was established. However, the Democratic
Party of Côte d’Ivoire (PDCI) has dominated
the political scene since independence.
President Henri Konan Bedie has been
the chief of state since December 1993, fol-
lowing the death of former president Félix
Houphouet-Boigny, who had served since
November 1960. He was reelected in 1995,
with 96 percent of the vote. Both the pres-
idential and the legislative elections held in
1995 were marred by serious irregularities.
The economy depends largely on agricul-
ture and related activities, engaging 68 per-
cent of the population. Coffee, cocoa, and
Côte d’Ivoire is situated in West Africa. It is palm oil are the main exports. Widespread
bounded on the north by Mali and Burkina corruption and mismanagement contribute
Faso; on the east by Ghana; on the south by to the uneven distribution of wealth and to
the Gulf of Guinea; and on the west by the lack of health services and education.
Liberia and Guinea. Although Yamous- The government relies heavily on support
soukro is the capital city, Abidjan remains from international financial institutions.
the administrative center and the location of
most embassies. Côte d’Ivoire has an ethni-
HUMAN RIGHTS
cally mixed population of approximately 15.8
million. The main groups are Baoule (23 per- The country’s human rights record is poor
cent), Senoufou (15 percent), Malinke in several areas. The right of citizens’ to
(11 percent), Africans from other countries change their government is limited in prac-
(20 percent) and non-Africans (2 percent, tice. Almost half of the population do not
mainly French and Lebanese). About 60 per- have identification cards, which are neces-
cent of the population is Muslim. The re- sary to vote. Although opposition parties
mainder are Christian (22 percent) or have been legal since 1990, in reality the
practice indigenous beliefs (18 percent). ruling PDCI has always controlled both the
French is the official language, but numer- presidency and the National Assembly. In
ous native dialects are widely spoken as well.

150
Cote d''Ivoire (Ivory Coast) 151

A polling station during Côte d’Ivoire’s October 1990 elections.

1998, the latter enacted amendments to the has rarely pursued the perpetrators.
constitution to further increase the power Neither the constitution nor the penal
of the presidency. The major opposition code protects prisoners in custody against
parties protested against these amend- torture or other degrading treatment. Po-
ments and large street demonstrations were lice often beat and torture prisoners or de-
organized throughout the country. The op- tainees, either during interrogation or as
position parties also have repeatedly called punishment. There are no known reports
for the establishment of an independent of governmental officials being tried for
electoral commission to supervise elections. these abuses.
The security forces, including the Special Prison conditions are extremely poor.
Anticrime Police Brigade (SAVAC), have been Prisoners die while in custody from many
responsible for serious human rights abus- causes, including malnutrition; over-
es. There have been numerous reports of the crowding; infectious diseases; lack of san-
excessive use of force by the police, including itation and medical care; and physical
extrajudicial killings. Police often use violence abuse. Women give birth in prison without
against demonstrators and the government medical attention and often engage in sex-
152 The Human Rights Encyclopedia

ual relations with prison guards in ex- domestic abuse, is widespread. Women’s
change for food or other privileges. Al- advocacy groups have protested the indif-
though prohibited by law, access to some ference shown by the authorities toward
prisoners is restricted. However, humani- female victims of violence. Although it is
tarian non-governmental organizations, in- considered a crime, female genital mutila-
cluding the International Committee for the tion continues to be widely practiced, es-
Red Cross, have had increasing access to pecially in rural areas.
prisons in the past few years, and provide The welfare of children is often neglected.
basic necessities to prisoners. Most children leave school earlier than pre-
Government authorities arbitrarily arrest scribed by law. There have been credible
and detain citizens, and there is no right to reports showing that a substantial per-
a judicial determination of the legality of a centage of females drop out of primary and
defendant’s detention. Judges serve at the secondary school because of pregnancy.
pleasure of the government and thus are Some children go to work on family farms
subject to political pressure. The right to a or are employed as domestic help in urban
public trial is sometimes denied. No free areas. Many end up in the city streets as
legal counsel is available. vendors, shoe shiners, or car window wash-
The government infringes on citizens’ ers. The number of street children in the
right to privacy, including the monitoring of cities has become an increasing focus of
private correspondence and telephone con- government attention. Children are report-
versations. Police often conduct searches edly harassed and sexually abused by pe-
without warrants. There are restrictions on dophiles. Child labor, including forced or
freedom of speech and the press. The pri- bonded labor, is prohibited by law. Howev-
vate press often criticizes the government, er, children are sometimes employed in in-
while the government-owned press rarely formal sectors of the economy. There also
offers opinions contrary to the government have been reports that hundreds of Malian
policies. Journalists also practice self-cen- children were sold into forced labor on
sorship. The government prosecutes under Ivoirian plantations.
criminal libel law anyone who attacks the Societal discrimination based on ethnici-
honor of the country’s highest officials. The ty is widespread. Members of the Baoule
government maintains a monopoly over tele- group dominate the government and hold
vision and radio broadcasts. the majority of positions in the public sector.
Freedom of assembly and association are African non-citizens are reportedly victims
generally respected. However, occasionally of harassment and violence by the police.
the police violently intervene to break up Worker’s rights are generally given legal pro-
or suppress public demonstrations orga- tection; in reality, however, health and safe-
nized to protest government policies. ty regulations are often not enforced.
Women are discriminated against in ed- The constitution does not officially pro-
ucation and employment, and, in general, vide for freedom of movement within the
occupy a subordinate role in society. They country or abroad, but the government
are underrepresented in government, in does not restrict these rights in practice.
politics and in the management of busi- However, police and security forces erect
ness. Violence against women, including checkpoints on major routes and occa-
Cote d'Ivoire (Ivory Coast) 153

sionally extort money from travelers. tional Publications, 2000.


The government generally cooperates with Central Intelligence Agency. The World Factbook
the United Nations High Commissioner for 2000. Washington, DC: Office of Public Af-
Refugees in assisting refugee and asylum fairs, 2000.
seekers. It also cooperates with domestic U.S. Department of State. Background Notes:
Côte d’Ivoire. Washington, DC: Bureau of
and international human rights organiza-
African Affairs, 1998.
tions in inquiries regarding human rights
———. Côte d’Ivoire Country Report on Human
violations. Rights Practices for 1999. Washington, DC:
James R. Lewis Bureau of Democracy, Human Rights, and
Labor, 2000.
Bibliography
Amnesty International. Amnesty International
Report 2000. New York: Amnesty Interna-
Croatia
claimed its independence and joined Mon-
tenegro, Serbia, and Slovenia to form the
Kingdom of Serbs, Croats, and Slovenes.
With the end of World War II, Croatia be-
came part of the Federal Republic of Yu-
goslavia, a newly reestablished communist
nation headed by Marshal Tito. With the
death of Tito in 1980, the already difficult
political and economic situation steadily
worsened. In June 1990, the Croatian De-
mocratic Union (HDZ), supporting nation-
alism, anticommunism, and privatization,
won the first postwar elections. In June
1991, the Croatian Parliament passed a de-
claration of independence from Yugoslavia.
A six-month war against local Serb militias
backed by the Serb-dominated Yugoslavian
army followed.
A UN cease-fire was arranged in Janu-
ary 1992, and peacekeeping forces were
The Republic of Croatia is a country in sent to monitor the cease-fire and protect
southeastern Europe, bordering the Adri- the minority Serbs in Croatia. In a 1993
atic Sea between Bosnia and Herzegovina referendum, the Serb-occupied portion of
and Slovenia. Zagreb is the capital city. The Croatia (Krajina) voted for integration with
country’s population of approximately 4.6 Serbs in Bosnia and Serbia. Although the
million includes Croats (78 percent), Serbs Zagreb government and representatives of
(12 percent), Muslims (0.9 percent), Hun- Krajina signed a cease-fire in March 1994,
garians (0.5 percent), Slovenians (0.5 per- further negotiations broke down when
cent), and others. Croatian is the official Croatia fought to regain lost territory. In
language. Most of the population is Catholic August 1995, the central Croatian region
(77 percent), with most of the remainder of Krajina was recaptured and thousands of
being Orthodox Christian (11 percent) or Serbs fled the region.
Muslim (1 percent). Croatia is formally a constitutional par-
liamentary democracy. However, President
Franjo Tudjman and the Croatian Democ-
BACKGROUND
ratic Party dominated the political scene
Croatia was part of the Austro-Hungarian since independence, establishing an au-
Empire, until the collapse of Austria-Hun- thoritarian rule. The government controlled
gary in 1918. In October 1918, Croatia pro- all media and the judiciary, and limited op-

154
Croatia 155

position parties in the political process. The mistreatment, and beating of minorities. In
government restricted freedom of speech, addition, police investigations are not always
freedom of the press, and freedom of as- conducted thoroughly when the victim of a
sembly and association by manipulating crime is an ethnic Serb. The authorities do
the laws and by using harassment as a not always respect constitutional provisions
means of intimidation against government regarding arrest and detention. Persons who
opponents. In December 1999, Tudjman are held under investigation may be denied
died, and in January 2000, the HDZ lost the right to an attorney. Moreover, there
the parliamentary elections to an opposi- have been reports of numerous cases of pre-
tion coalition. The president of Croatia is trial detentions, particularly of ethnic Serbs
the head of state and commander-in-chief who are being held for acts related to the
of the armed forces. The presidency is 1991–1995 conflict.
strong, with an extensive veto power; it may The government does not ensure citizens
issue decrees with the force of law. The the right to a fair trial. The judiciary suf-
Croatian legislature is a bicameral body. fers from political influence and the court
The judiciary is nominally independent. system has a backlog of over 1 million
The country is still proceeding slowly to- cases. In addition, judicial decisions often
ward a market-based economy. Industry favor ethnic Croats in issues related to
and media enterprises are still largely con- property claims made by returning refugees
trolled by the State. The unemployment or displaced persons. Prisons are crowded,
rate has increased and the standard of liv- although they meet minimum internation-
ing of most of the population has worsened al standards.
as a result of the protracted war. The government has controlled and cen-
sored much of the print and electronic
media. The independent press has been the
HUMAN RIGHTS
victim of several attacks by the government
The government’s human rights record has in the past several years, including lawsuits
improved in some areas, but remains poor against and arrests of journalists and edi-
in others. The government’s ability to im- tors on libel charges. However, both public
partially prosecute crimes committed by and private radio and television stations
both sides during the 1991–1995 conflict exist. Foreign newspapers and journals are
remains questionable. It has been reluctant also available.
to cooperate with the International Crimi- A 1997 Law on Associations gives the gov-
nal Tribunal for the former Yugoslavia ernment the power to prevent an associa-
(ITCY) for war crimes associated with the tion from forming or to monitor all aspects of
Croatian army operations. There are still an association once it is founded. However,
thousands of missing persons and there there were no reports of the authorities
has been progress on the exhumation of abusing this law against associations.
bodies at a number of sites. However, ef- Although the constitution prohibits dis-
forts to identify the bodies of ethnic Serbs crimination based on gender, women con-
continue to be hampered by political and tinue to face discrimination in employment
bureaucratic obstacles. and salary. They generally hold lower-pay-
The police continue to commit human ing positions and are not guaranteed long-
rights abuses, particularly the harassment, term work contracts. In addition, they
156 The Human Rights Encyclopedia

remain underrepresented in government refugee crisis in Kosovo, the government


and politics. Moreover, violence against accepted up to 5,000 Kosovar refugees.
women, including sexual harassment and However, there were reports that the au-
domestic violence, is widespread. Anecdo- thorities occasionally refused to grant asy-
tal evidence suggests that some women are lum status to Kosovar Albanians, and that
exploited through forced prostitution. some of them were expelled to Bosnia and
The government has also failed to meet Herzegovina.
its commitment to foster ethnic reconcilia- Within the country, there is still a signif-
tion between Croats and Serbs. It does not icant number of displaced persons and
protect Serbs, Muslims, and other ethnic refugees who are not under the govern-
minorities against patterns of discrimina- ment’s care. The government is proceeding
tion in the administration of justice, em- very slowly to verify and legalize the citi-
ployment, housing, education, freedom of zenship of hundreds of thousands of ethnic
movement, and citizenship. No minority Serbs who fled the country after the mili-
group has achieved proportional represen- tary actions in 1995 and who wish to re-
tation in Parliament. turn to Croatia.
Ethnicity and religion are closely related Local and international human rights or-
to each other. Therefore, ethnic tensions ganizations are free to operate in the coun-
are often accompanied by violent attacks try. The government-appointed ombudsman
on religious institutions. There have been meets regularly with human rights repre-
several reports of the defacement of Ser- sentatives and addresses cases brought to
bian (Orthodox) cemeteries. Some ethni- his attention. In the past, however, the gov-
cally motivated killings have been reported ernment’s response to problems raised by
as well. Various forms of harassment, in- both the ombudsman and by non-govern-
cluding property destruction, forcible evic- ment organizations has not been fully
tions, and assaults, commonly occur satisfactory.
between home occupiers of one ethnicity
James R. Lewis
and returning homeowners of another. In
particular, a large number of ethnic Serbs,
Bibliography
who escaped and lost their dwellings dur-
ing the war, are unable to return to or to Amnesty International. Amnesty International
regain their property because of a lack of Report 2000. New York: Amnesty Interna-
government will to evict ethnic Croat occu- tional Publications, 2000.
piers. They also face numerous obstacles Central Intelligence Agency. The World Factbook
to obtaining financial and health benefits, 2000. Washington, DC: Office of Public Af-
fairs, 2000.
to which all returnees are entitled by law.
Nizich, I. Civil and Political Rights in Croatia.
The government allows freedom of move-
New York: Human Rights Watch, 1995.
ment within the country, foreign travel, em-
U.S. Department of State. Background Notes:
igration, and repatriation, except in a few Croatia. Washington, DC: Bureau of Euro-
circumstances for security reasons. It gen- pean Affairs, 1998.
erally cooperates with the United Nations ———. Croatia Country Report on Human Rights
High Commissioner for Refugees and other Practices for 1999. Washington, DC: Bureau
human rights organizations in assisting of Democracy, Human Rights, and Labor,
refugee and asylum seekers. With the 2000.
Cuba
of military rulers. In 1959, Fulgencia
Batista’s oppressive regime was overthrown
by Fidel Castro, who, in 1961, declared
Cuba a socialist state. For the next thirty
years, Castro consolidated his power by
pursuing strong relations with the Soviet
Union. Cuba received substantial Soviet
military and economic assistance, which
ended in 1991 with the the demise of the
Soviet Union. By 1993, all Soviet military
forces withdrew from Cuba.
Cuba is a totalitarian state controlled by
the Communist Party and its affiliated
mass organizations, including the govern-
ment bureaucracy and the state security
apparatus. Fidel Castro is the chief of state,
head of government, first secretary of the
Cuban Communist Party (PCC), and com-
mander-in-chief of the armed forces. The
Ministry of Interior is the most important
The Republic of Cuba is an island country organ of state security and control. The
in the Caribbean Sea, situated off the south ministry’s Department of State Security has
coast of Florida and east of Mexico. Havana the function, among others, to suppress or-
is the capital city. Its population of ap- ganized opposition and dissent. Fidel Cas-
proximately 11 million is mainly of Spanish tro is president of the Council of State, the
and African origins. Santeria, a blend of na- organ vested with all executive and admin-
tive African religion and Roman Catholi- istrative power; Raul Castro, Fidel’s broth-
cism, is the most practiced religion. er, is its first vice president. The National
However, Roman Catholicism remains the Assembly holds the country’s legislative
most organized religious denomination. power. The judiciary is subordinated to the
National Assembly and to the Council of
State. The People’s Supreme Court is the
BACKGROUND
highest judicial authority. In practice, Cuba
A former Spanish colony, Cuba gained in- is completely under the control of Fidel
dependence in 1902 after the United States Castro.
won the Spanish-American War. The Unit- Cuba’s economy is organized under
ed States, however, retained the right to in- Marxist-Leninist precepts. The government
tervene to preserve Cuba’s stability. Cuba’s has the monopoly of most means of pro-
history was characterized by a succession duction and employs about 75 percent of
157
158 The Human Rights Encyclopedia

the population. Tourism is the largest sec- elections. The twenty-four members of the
tor of the Cuban economy, although sugar central party’s Politburo and the 149 mem-
remains an important part of the economy. bers of the Central Committee together in-
In the 1990s, after a period of economic de- clude most of the country’s military and
cline following the loss of Soviet subsidies, civilian leaders. The constitution provides
the Cuban government launched an eco- for direct elections of provincial, municipal,
nomic program to attract foreign tourism and National Assembly members. However,
and investment. Investments have come the government controls the selections and
from Canada, Italy, the United Kingdom, approves candidates through mass organi-
Mexico, Spain, and France. The failure to zations, such as the Confederation of Cuban
launch serious economic reforms has re- Workers and the Committees for the De-
sulted in the development of a large black fense of the Revolution (CDRs). No opposi-
market and growing corruption. tion candidates have ever been able to run
In general, investors are constrained by for election. The party monopolizes all gov-
the 1996 U.S. Cuban Liberty and Democ- ernment positions, including judicial offices.
ratic Solidarity Act, also known as the Lib- Communist Party membership is a prereq-
ertad, or Helms-Burton Act. The act codifies uisite to holding an official position.
and tightens enforcement of the U.S. eco- In 1996, President Castro signed the De-
nomic embargo; it provides sanctions claration of Vina del Mar at the VI Ibero-
against those who traffic in property ex- American Summit, in which he stated that
propriated from U.S. citizens; it states U.S. his government was committed to democra-
policy toward a transition or democratic cy and political pluralism. However, the last
government in Cuba; and it requires the national elections, held in January 1998,
U.S. executive branch to deny visas to, and demonstrated that the government contin-
exclude from the United States, any foreign ues to support the one-party structure.
nationals determined to have confiscated The national police continue to commit
or trafficked in confiscated property human rights abuses. There were reports
claimed by a U.S. citizen. of abusive treatment of detainees, prison-
ers, pro-democracy activists, and human
rights advocates who are in custody, in the
HUMAN RIGHTS
form of harassment, beating, and torture.
Human rights reports continue to be poor. In some cases, people died because of ex-
The government is responsible for the vio- cessive use of force by the police and prison
lation of fundamental civil and political guards. The government took little or no
rights of its citizens. The constitution states action to investigate and convict the per-
that all legally recognized liberties can be petrators of those crimes.
denied if the person opposes the “decision The government also continues to arbi-
of the Cuban people to build socialism.” trarily arrest and detain independent jour-
Cubans do not have the legal right to nalists, human rights activists, and
change their government peacefully through demonstrators. They are usually subject to
free and fair elections. The Communist degrading treatment, physical violence, re-
Party is the only political organization legal- peated interrogations, and psychological in-
ly recognized by the government and al- timidation to extract confessions. In
lowed to participate in the national addition, they are eventually imprisoned
Cuba 159

with violent criminals, and thus subjected political offenses. There are no jury trials.
to further abuse. Trials are closed to the public in political
Prison conditions are very harsh. Prison cases in which the state security is allegedly
officials deny prisoners basic rights, such involved. Legal counsel is often denied to
as family visitation, adequate nutrition, the accused.
medical attention, and the right of corre- The government regularly uses articles
spondence. The government does not allow included in the penal code to threaten pros-
domestic and international human rights ecution against suspected criminals and
organizations access to prisons. It has been political opposition activists. They may be
estimated that 1,600 political prisoners are subjected to therapy or political reeduca-
in custody on charges such as spreading tion when they are considered dangerous
enemy propaganda, illicit association, re- to the state. The government also encour-
bellion, and contempt for the government. ages members of state-controlled mass or-
They are forced to comply with the rules for ganizations and civilians to publicly
common criminals. Exile is also used to repudiate, physically attack, protest, and
control internal opposition. report against those who are dissident
The judicial courts are subordinate to the against government policies. Those who
Communist Party, which is constitutional- refuse to participate in these activities may
ly designated as the superior organ of the be subject to disciplinary action and may
society and the state. Trials do not meet in- lose their jobs.
ternational standards and do not grant fair The state interferes with privacy, family,
due process, especially in cases involving home, and correspondence. The interior

Cuban refugees prepare to escape to Florida.


160 The Human Rights Encyclopedia

ministry exercises repressive social control tent and in practice. Teachers are required
through an intricate system of informants to evaluate the students’ character, and file
and block committees (the CDRs) that re- reports that affect the students’ future ed-
port on suspicious activities. People are ucational and career opportunities. Uni-
afraid to speak openly, even in the privacy versities are available only to those who
of their own homes. International corre- share Castro’s revolutionary beliefs.
spondence and overseas calls are carefully Citizens are denied their rights of peace-
monitored. The authorities regularly con- ful assembly and free association. All legal-
duct searches without warrants. ly recognized associations are affiliated or
The government does not allow freedom of controlled by the government. The law pun-
speech or freedom of the press. All print and ishes unauthorized meetings and is used
electronic media are state property con- to harass or arrest members of human
trolled by Communist Party. The law for- rights organizations and other groups. Con-
bids any criticism of the revolution and its sequently, domestic human rights groups
leaders. The media is used as a means to function illegally, and the government re-
indoctrinate the public and must reflect gov- fuses to consider applications for their legal
ernment views. Foreign newspapers and recognition. In addition, the government
magazines are restricted. The government does not allow international human rights
imposes censorship of news and informa- monitoring, including visits of the United
tion. Independent journalists and visiting Nations Special Reporter for Human Rights.
international correspondents are subject to Labor organizations are under the con-
surveillance, internal travel bans, seizure of trol of the state and the Communist Party.
written material, confiscation of computer Their function is to ensure that govern-
and photographic equipment, periodic de- mental goals are met; they do not act as
tention, harassment of family members, and trade unions for promotion of individual
threat of imprisonment. Many have been ex- workers’ rights. Strikes and independent
pelled from the country. unions are prohibited. Workers can lose
The distribution of information is highly their jobs for their political beliefs or for re-
monitored and subject to restrictions. fusing to join the official union.
Among what is considered enemy propa- Freedom of religion is severely restricted.
ganda and false news, the government in- Cuba has been an atheist state for most of
cludes international reports on human the Castro era. However, a constitutional
rights violations. The government does not amendment adopted in 1992 changed Cuba
allow diplomatic missions in Havana to into a secular state, enabling religious be-
print or distribute publications without lievers to belong to the Cuban Communist
prior government approval. The Cuban Dig- Party, which had been prohibited.
nity and Sovereignty Law prohibits citizens All churches and religious groups are re-
from providing or seeking information from quired to register to obtain official recogni-
any representative of the U.S. government. tion. Members of the armed forces and their
Internet access is limited to certain gov- families are not allowed to observe religious
ernment officers and foreigners. practices, which are considered dangerous
The government restricts academic, artis- to the revolution’s ideology. In January
tic, and literary freedom. The educational 1998, Pope John Paul II was allowed to visit
system supports the state’s ideology in con- Cuba and celebrate Mass. The government
Cuba 161

further relaxed its restriction on religion Citizens do not enjoy freedom of move-
and announced that citizens would be al- ment. There are restrictions on both do-
lowed to celebrate Christmas as an official mestic and foreign travel. They particularly
holiday. However, the government contin- apply to human rights activists and inde-
ues to ignore the Pope’s appeal to recognize pendent journalists. The authorities occa-
the church’s role in Cuban society. In ad- sionally deny exit permits without formal
dition, it continues to restrict the church’s explanation to persons who qualify for im-
access to the media, and maintains its pro- migrant or refugee status in other coun-
hibition against the establishment of reli- tries. In addition, migrants and approved
giously affiliated schools. Although some refugees often are unable to pay the high
foreign priests and nuns were allowed to exit fees imposed by the government. The
enter the country, many have been denied government provides first asylum and does
entry visas or their applications are still not force persons to return to countries
pending. where they fear persecution.
The constitution prohibits discrimination
James R. Lewis
based on sex, race, disability, or social sta-
tus, and the government generally enforces
Bibliography
these provisions. However, there were re-
ports of police harassment of black youths, Amnesty International. Amnesty International
and forced expulsion of individuals and fam- Report 2000. New York: Amnesty Interna-
ilies from Havana to the poor, predomi- tional Publications, 2000.
Central Intelligence Agency. The World Factbook
nantly black and mixed, eastern provinces.
1999. Washington, DC: Office of Public Af-
The law does not mandate access to pub-
fairs, 1999.
lic buildings for people with disabilities.
U.S. Department of State. Background Notes:
Although illegal, forced labor by children Cuba. Washington, DC: Bureau of Inter-
is permitted by the government. Students American Affairs, 1998.
over age eleven are required to work in the ———. Cuba Country Report on Human Rights
farming sector, without compensation, for Practices for 1998. Washington, DC: Bureau
up to eight hours a day during their sum- of Democracy, Human Rights, and Labor,
mer vacation. 1999.
Cyprus
independence, and gradually became a
member of nearly all UN specialized agen-
cies. Cyprus is also a member of the Coun-
cil of Europe and the Commonwealth,
formerly known as the British Common-
wealth. Cyprus participates in the Orga-
nization for Security and Cooperation in
Europe. It has a Customs Union Agree-
ment with the European Union and ap-
plied on July 4, 1990, to become a full
member. It maintains economic relations
with a host of foreign countries and inter-
national organizations. Cyprus is also a
founding member of the non-aligned
movement.
Cyprus has played an important role in
the history of the eastern Mediterranean be-
cause of its privileged geographic position
on the crossroads between the East and the
West. Because of its geographic position,
Cyprus is a republic situated at the north- Cyprus has also suffered many attacks, in-
eastern end of the east Mediterranean basin. vasions and occupations throughout its long
Cyprus is the third-largest island in the history that can be traced back to the eighth
Mediterranean Sea, with an area of 3,572 century B.C.E.
square miles and a population of approxi- Today, Cyprus suffers under military oc-
mately 754,000, of whom 78 percent are cupation of 38 percent of its territory by
Greek-Cypriots, 18 percent are Turkish- Turkey, the result of Turkey’s invasion of
Cypriots, and 4 percent are foreigners. The the island in July 1974. The Turkish inva-
official languages are Greek and Turkish, sion was prompted by claims of the island’s
with English often used as a second lan- ethnic Turkish inhabitants that their rights
guage and widely understood by both eth- were being violated.
nic groups. The state religion is Christian Because of the Turkish military occupa-
Orthodoxy for the Greek-Cypriot majority tion, the government of Cyprus has been
and Islam for the Turkish-Cypriot minority. prevented from exercising any form of con-
trol, power, or authority over the areas
under Turkish occupation, and therefore
BACKGROUND
provides no protection for human, civil, and
The Republic of Cyprus joined the United other rights of the Cypriot population liv-
Nations on September 20, 1960, soon after ing in these locations.

162
Cyprus 163

Nearly one-third of the Cypriot popula- Convention for the Protection of Human
tion was displaced from their homes and Rights and they are interpreted and imple-
properties in the Turkish-occupied areas mented by the courts according to the prin-
and has lived in refugee camps since 1974. ciples and guidelines of the European
They are refused the right to return to their judicial bodies.
homes, despite resolutions in their favor Freedom of conscience, expression,
from the United Nations, the Council of Eu- thought, speech, assembly, association,
rope, the European Union, and other orga- and religion are safeguarded by the consti-
nizations, and despite the favorable tution. Freedom of the press and the right
judgments of the European Court of to criticize the government and public offi-
Human Rights. cers are adequately granted.
The president of the Republic of Cyprus The island’s independent judiciary exer-
is elected by universal suffrage for a five- cises the administration of justice. Acts and
year term. The executive power is exercised decisions of the administration are subject
by the president through a ten-member to the judicial control of a supreme court,
Council of Ministers. while the constitutionality of any law is also
The Cyprus Parliament is composed of under the judicial control of the courts. The
eighty members, fifty-six of whom are elect- appointment, promotion, transfer, termi-
ed by the Greek-Cypriots, and twenty-four nation of appointment, and disciplinary
by the Turkish-Cypriots for a five-year term control of all judicial officers is entrusted
by universal suffrage among the two re- by the constitution to the Supreme Coun-
spective ethnic parts of the population. cil of Judicature, which is composed of the
Since 1963, the leaders of the Turkish- president and the judges of the supreme
Cypriot minority have prevented the mem- court.
bers of their community from electing their The institution of the ombudsman, initi-
twenty-four representatives, therefore the ated in July 1991, provides an extrajudi-
twenty-four seats of the Cyprus Parliament cial check on the acts or omissions of the
have been vacant since that time. The Ma- administration. The ombudsman, as an in-
ronite, Armenian, and Latin religious dependent officer of the state, investigates
groups residing in Cyprus are also repre- any complaints submitted by individuals,
sented by one representative each. and suggests remedies in cases in which a
The establishment and function of polit- violation of the constitution, the law, or the
ical parties is absolutely free. There are proper administrative practice is proven.
eight political parties at present, five of In 1998, a National Organization for
which are represented in the Parliament. Human Rights was established by a deci-
sion of the Council of Ministers. The orga-
nization is composed of representatives of
HUMAN RIGHTS
governmental departments and non-gov-
The 1960 constitution of the Republic of ernmental organizations, and is divided into
Cyprus provides for a full enjoyment of two sections. The main task of the first sec-
human rights by the Cypriot population tion, consisting of government representa-
and by those residing in or visiting Cyprus. tives, is to monitor the implementation of
Articles 6 to 35 of the constitution are, more international human rights instruments in
or less, a reproduction of the European Cyprus and to draft the reports submitted
164 The Human Rights Encyclopedia

by the state to the relevant international Cypriots believe in upholding the traditional
bodies about this implementation. The sec- roles for women as wives and mothers.
ond section, consisting of representatives of Non-discrimination against women is im-
the non-governmental organizations, has proving in Cyprus through the ratification
the authority to investigate complaints sub- of international conventions, and through
mitted by individuals regarding human the monitoring of the enforcement of exist-
rights violations, and to present suggestions ing laws by the courts.
for the improvement of human rights stan- Incidents of violations of human rights
dards to the government. and fundamental freedoms by law-enforce-
Three specialized human rights non-gov- ment personnel are reported from time to
ernmental organizations, officially regis- time. Such incidents concern mainly police
tered according to the relevant legislation, brutality against foreign workers and eco-
function in the Republic of Cyprus. Sever- nomic emigrants, and against youth groups
al other organizations focus on specific demonstrating for various issues. Com-
human rights issues, such as the rights of plaints against such police behavior, sub-
women, the rights of economic emigrants mitted to the attorney general by human
and foreign workers, and the rights of those rights organizations and individuals, are
infected with HIV. There is also an Amnesty investigated by independent criminal in-
International section and a Parliamentary vestigators. As a result, some police officers
Committee on Human Rights. have been brought before criminal courts.
These organizations exercise pressure on The Cypriot community, with its small size
the state to make positive strides regard- and geographic isolation, does display signs
ing human rights safeguards. They also of discrimination and intolerance against for-
play a very constructive role in educating eign workers and economic emigrants.
people, especially the youth, about their
Stelios Theodoulou
rights and freedoms, and about how to de-
fend and claim them.
Bibliography
There is fair access to health care and very
good access to every level of public educa- Amnesty International. Amnesty International
tion, which is free at all levels, from elemen- Report 2000. New York: Amnesty Interna-
tary school to the university. Unfortunately, tional Publications, 2000.
Central Intelligence Agency. The World Factbook
social services do not meet the expected
2000. Washington, DC: Office of Public Af-
standards in the area of social welfare, but
fairs, 2000.
they are adequate in terms of social securi-
Hitchens, Christopher. Cyprus. London: Quar-
ty for the elderly. tet Books Ltd., 1984.
Women participate in the economic, so- U.S. Department of State. Cyprus Country Re-
cial, cultural, and political life of the island. port on Human Rights Practices for 1998.
Despite that, the number of women partic- Washington, DC: Bureau of Democracy,
ipating in politics is reduced because many Human Rights, and Labor, 1999.
Czech Republic
of World War II. In 1945, Czechoslovakia
was “liberated” by the Soviet Army. In 1948,
the Communist Party, supported by the So-
viet Army, assumed power in Czechoslova-
kia after a coup. The country then became
part of the Warsaw Pact and COMECON. In
1989, the communist regime was over-
thrown by the “velvet revolution.” In 1990,
22,000 political prisoners were released
and the Soviet Union agreed to withdraw
its troops. In 1993, divided by ethnic ten-
sions between Czechs and Slovaks, Czecho-
slovakia split into the Czech Republic and
Slovakia.
The Czech Republic is a parliamentary
republic, whose constitution was signed on
December 16, 1992. The president, the
prime minister, and the cabinet form the
executive branch. Two bodies form the leg-
islature: the Chamber of Deputies (the
The Czech Republic is located in East-Cen- Czech National Council) and the Senate.
tral Europe. It is bounded on the northeast The supreme and national courts represent
by Poland; on the east and south by Slova- the judiciary, which is independent.
kia; on the south by Austria; and on the The economy of the Czech Republic is
west and northwest by Germany. Prague is one of the most developed among the
its capital. Czechs (95 percent), Germans, emerging republics of the former Soviet
Gypsies (Roma), Poles, Silesians, and Slo- block. However, the Czech Republic is still
vaks compose its population of more than struggling through the transition from a
10 million. The official religion is Roman centralized economy linked to the Soviet
Catholicism. The official language is Czech. Union to a free-market economy. Czech
manufacturers lost all their markets among
the eastern communist countries. In addi-
BACKGROUND
tion, the Czech Republic lacks energy re-
The former Czechoslovakia was founded in sources and sufficient raw materials.
1918, after World War I, from territories of Today, heavy industry and agriculture are
the Austro-Hungarian Empire. In 1938, the country’s main activities, and Western
Germany occupied Czechoslovakia, which countries represent its main commercial
remained part of Germany for the duration partners.

165
166 The Human Rights Encyclopedia

A petrochemical factory belches pollution into the environment.

HUMAN RIGHTS According to human rights observers,


Czech prisons meet minimum internation-
The constitution of the Czech Republic guar- al standards despite some overcrowding.
antees its citizens respect for human rights The prison system was at 114 percent of
and freedom, and the government respects capacity in August 1998.
these provisions. However, there are still Police may hold a suspect in custody for
problems of discrimination and skinhead vi- up to forty-eight hours before giving a sus-
olence, especially against Jews and Roma. pect access to legal assistance. Pretrial de-
During 1998, there were some reports of tention can be very long. The average pretrial
the excessive use of violence by the police detention period is two years, but can be ex-
in containing a group of anarchists and en- tended to up to four years for exceptional
vironmentalists who were rioting in Prague, cases under the criminal code. For certain
causing damage to cars and shops. The Of- crimes bail cannot be granted. In addition,
fice for the Documentation and Investiga- the judicial system is experiencing a backlog
tion of the Crimes of Communism of cases due to a lack of experienced police
continues its investigation of cases of tor- investigators. As of July 1998, approximately
ture during the communist era. 50 percent of detainees were awaiting trial.
Czech Republic 167

The law prohibits exile, and the govern- Refugees and its 1967 Protocol. The Czech
ment respects this provision. However, fol- Republic provides refugees with a reception
lowing the formation of the Czech Republic center, three camps, and six integration
in 1993, local courts and police have ex- centers. Human rights groups operate with-
pelled all Slovaks without proper citizen- out government restriction, and the au-
ship or residency papers. Most of them thorities are usually cooperative and
were Slovak Roma. This is clearly a result responsive.
of racism. In February 1998, presidential Citizens above age eighteen are eligible
amnesty was granted to those who received to vote. However, many members of the
expulsion, but some courts have not im- Roma community are not enjoying this
plemented it. right because they were not granted citi-
The law grants a fair trial to all citizens. zenship after the split between the Czech
Nevertheless, the 1991 Lustration Law, Republic and Slovakia.
issued to prevent communist-era collabo- The rate of violence against women is not
rators from being given high state respon- known because attention is not given to
sibilities, has been criticized for violating the problem in spite of many women’s ef-
human rights principles, because it dis- forts. According to some studies, 11 to 19
criminates in employment and assigns percent of women experience sexual abuse
collective guilt. Moreover, the information by their husbands or partners. In addition,
on collaborators came from the commu- the law does not directly address the prob-
nist secret police logs, which were widely lem of spousal abuse, although the legal
incomplete and unreliable. In 1998, of code covers some cases of domestic vio-
ninety-nine cases considered for prose- lence. Moreover, police personnel are not
cution under the Lustration Law, action experienced in dealing with such cases.
was recommended against forty-two peo- However, there are fifty-four state-sup-
ple; twenty-seven cases resulted in crim- ported shelters around the country, pro-
inal punishment. viding medical and social assistance.
The law provides for freedom of speech Women enjoy the same rights under the
and the press, and there are a variety of law as do men in terms of pay. However,
newspapers, magazines, and journals owned women’s salaries are still 25 percent lower
by private individuals or firms operating than those of men, although the gap is
without government interference. There are being reduced.
three television stations, two private and one The government is committed to chil-
public, and sixty private radio stations and dren’s welfare, with programs providing
one public radio station (Czech Public health care, education, and nutrition. In
Radio). 1995, a children’s crisis center was estab-
The Czech Republic grants asylum and lished with 70 percent state support.
cooperates with the United Nations High The disabled experience difficulties in
Commissioner for Refugees and other hu- finding jobs, and in obtaining access to
manitarian organizations in assisting buildings and public transportation. Edu-
refugees. The law for asylum and refuge is cation for the disabled is a problem because
in accordance with the 1951 United Nations of architectural barriers, although there is
Convention Relating to the Status of one barrierfree school in each district.
168 The Human Rights Encyclopedia

Racial and ethnic discrimination is still a Bibliography


problem, especially for Jews and Roma. In
Amnesty International. Amnesty International
spite of all government efforts, the mem-
Report 2000. New York: Amnesty Interna-
bers of the Roma community are far from
tional Publications, 2000.
being integrated into society. Workers have Central Intelligence Agency. The World Factbook
the right to strike, but before declaring a 1999. Washington, DC: Office of Public Af-
strike, the law requires a mediation to take fairs, 1999.
place. Union membership declined during U.S. Department of State. Background Notes:
the year 1999. Czech Republic. Washington, DC: Bureau of
European Affairs, 1994.
James R. Lewis
———. Czech Republic Country Report on
Human Rights Practices for 1998. Washing-
ton, DC: Bureau of Democracy, Human
Rights, and Labor, 1999.
Denmark
fidence. The judiciary is independent. The
Danish government also represents the
Faroe Islands and Greenland.
Denmark was invaded by Germany in
1940 and liberated by the Allies in 1945.
Since then, it has been a charter member of
the United Nations. It was also a founding
member of the North Atlantic Treaty Orga-
nization (NATO).
The major ethnic groups are Scandina-
vians, Eskimos, Faeroeses, and Germans.
The principal religious denomination is the
Evangelical Lutheran Church. Danish,
Faroese, Greenlandic, and German are the
main languages, with English as the pre-
dominant secondary language.
Denmark’s industrialized economy and
liberal trade policy within the European
Union provide a very high standard of liv-
ing to its citizens. Unemployment is low. It
is one of the few countries to exceed the
United Nations goal of assisting developing
The Kingdom of Denmark consists of a countries. A well-developed welfare system
peninsula and a number of islands in guarantees that all Danes receive basic
Northern Europe, bounded on the south by health care and public support if needed.
Germany, and on the west by the North The government grants and, through the
Sea. Demark has a population of over 5 mil- judiciary, enforces human rights provisions
lion. Copenhagen is the capital city. De- for its citizens. It also cooperates with
mark became a constitutional monarchy in human rights groups in their investigations
1849. Queen Margrethe II is the head of and in publishing their findings. Citizens
state and appoints both the prime minis- can change their government by means of
ter and the cabinet ministers, who admin- periodic, fair, and free elections based on
ister the government. Legislative power is universal suffrage.
held by the unicameral Parliament (the Women are active and participate equal-
Folketing) whose leaders are elected by a ly in the public and private sectors. They
system of proportional representation and are also well represented in the govern-
can dismiss the cabinet by a vote of no con- ment. However, some wage inequalities still

169
170 The Human Rights Encyclopedia

Squatters clash with police, 1993.

persist. Women imported from Eastern Eu- been criticized by human rights organiza-
rope for the purpose of prostitution repre- tions for its potential to discriminate
sent a major social problem. against refugees by granting them 20 per-
Children’s welfare is highly protected by cent fewer social benefits than those en-
the government. The law prohibits physical joyed by Danish citizens.
punishment of children by adults, includ-
Michela Zonta
ing parents. There are no reports of societal
discrimination against disabled persons.
Bibliography
Some tension exists between Danes and
refugees or immigrants, especially with Amnesty International. Amnesty International
those from Somalia and the former Yu- Report 2000. New York: Amnesty Interna-
goslavia. The government has modified im- tional Publications, 2000.
Central Intelligence Agency. The World Factbook
migration laws so that immigrants or
1999. Washington, DC: Office of Public Af-
refugees have to be residents for three years
fairs, 1999.
before acquiring permanent resident sta-
U.S. Department of State. Denmark Country Re-
tus. Additionally, they have to demonstrate port on Human Rights Practices for 1998.
their complete integration into society. One Washington, DC: Bureau of Democracy,
of the more recent immigration laws has Human Rights, and Labor, 1999.
Djibouti
strategic location (all shipping through the
Suez Canal must pass the coast of Djibouti)
and its status as a free-trade zone. Djibouti
serves as a transit port for all of eastern
Africa and as a refueling center for inter-
national cargo ships.
Because the climate is dry, there is very
little arable land and most food must be
imported. Djibouti suffers from an ex-
tremely high unemployment rate.
On April 9, 1999, Djibouti elected its sec-
ond president since gaining its indepen-
dence. International and local observers
reported that the elections were generally
free and fair, citing only minor technical
glitches.
The 8,000-member National Police Force
(FNP) is responsible for internal security
and border control. The FNP is in turn over-
seen by the Ministry of Interior. The army
Previously known as the French Territory is a separate entity, overseen by the Min-
of the Afars and the Issas, Djibouti gained istry of Defense. The president has his own
its independence from France in 1977. Dji- security force, the Gendarmerie Nationale,
bouti is slightly smaller than the state of which is an autonomous unit, responsible
Massachusetts, and it is located in eastern only to the executive. Djibouti also has a
Africa, bordering the Gulf of Aden and the small intelligence agency, which reports di-
Red Sea. Its capital city is Djibouti, and its rectly to the president.
current head of state is President Ismail
Omar Guelleh. The population is approxi-
HUMAN RIGHTS
mately 450,000. The majority of Djiboutians
belong to the Somali ethnic group, although Djibouti’s human rights record is poor. The
the Afar form a significant minority. French, last parliamentary elections, which took
Arabs, Ethiopians, and Italians comprise place in 1997, were riddled with fraud. The
about 5 percent of the total populace. People’s Rally for Progress, Djibouti’s ruling
party, continues to use its power to suppress
organized opposition. Ethnic strife between
BACKGROUND
Somalis and Afars has weakened the gov-
The economy is primarily based on service ernment’s ability to maintain order. The ju-
activities connected with the country’s diciary is not independent of the executive

171
172 The Human Rights Encyclopedia

branch. It is therefore not impartial, and inadequate. In April 1999, approximately


many prisoners have been held for years forty inmates in one prison went on a hunger
without trial. The government continues to strike to protest the conditions. The Inter-
infringe on its citizens’ rights to privacy, free- national Committee of the Red Cross (ICRC)
dom of speech, and freedom of the press. sent a delegation from nearby Kenya to ob-
Some members of the FNP and other se- serve and report on the prison conditions in
curity agencies have committed human Djibouti, but they were denied access.
rights abuses. On April 27, 1999, govern- Interference from the executive branch
ment forces killed three private citizens and hampers private citizens’ right to a fair trial,
left a fourth for dead, reportedly in retalia- even in non-political cases.
tion for a series of land mine explosions The Djiboutian constitution provides for
that killed several soldiers. There were freedom of the press, but at times this right
many reports of fighting involving the Dji- has been denied in practice. There are
boutian army and Afar rebels. In 1998, gen- many opposition-run newspapers that are
darmes killed one man and injured another extremely critical of the government and
in downtown Djibouti, when they shot into that circulate freely, but newspaper ven-
a crowd while attempting to make an ar- dors who sell opposition papers are occa-
rest. The gendarmerie was able to avoid an sionally arrested or intimidated by the
investigation into the incident, and no puni- police. In April 1999, the government
tive action has been taken against the gen- banned one radio station from broadcasting
darmes involved. Also in 1998, security Radio France International (RFI) for a peri-
forces killed two Afar community leaders in od of several weeks after RFI reported on a
the countryside, ostensibly in retaliation for hunger strike in Paris protesting prison
another land mine explosion. conditions in Djibouti. In August, two lead-
There have been no reports of politically ing opposition newspaper editors were ar-
motivated kidnappings or disappearances. rested and held on charges of distributing
Perpetrators of torture in Djibouti are sub- false information. During their six-month
ject to fifteen years in prison, although imprisonment, both of their newspapers
there is evidence that police often beat and were banned from publication. The ban was
otherwise torture prison inmates. Five un- subsequently lifted and the editors were
related cases were brought against the gov- both later released.
ernment in 1999, alleging torture and other Djibouti citizens’ right to assembly is also
physical abuse while the plaintiffs were in restricted. In February 1999, police arrested
prison. One such report states that police and detained three opposition party leaders
beat a civilian after trying to force him to and six busloads of their supporters for sev-
walk on a land mine. eral hours after using tear gas to break up
Prison conditions are harsh and prisons their rally. In March of the same year, police
are overcrowded. One prison, built for 350 used tear gas to break up a rally of around
inmates, houses twice that number. Food is 1,000 people for the opposition presidential
so scarce that inmates must bribe prison candidate, Moussa Ahmed Idriss. Seventeen
guards to obtain it. Sources within the people were arrested, and several of the par-
prison system report that they have seen ev- ticipants were severely beaten.
idence suggesting that prison guards rou- For the most part, the government of Dji-
tinely rape women inmates. Medical care is bouti respects freedom of religion in prac-
Djibouti 173

tice. Religious groups have to register with pair and lack sufficient educational materi-
the government, but there have been no re- als. More than 53 percent of primary and
ports that the government refused regis- secondary school students are illiterate—
tration to any religious group. The only 32 percent of girls are able to read, as
government discourages proselytizing. compared with 60 percent of boys. The gov-
Although wife beating and rape remain ernment has not addressed the issue of child
problems, reports of violence against women abuse. When a child is abused, the perpe-
are rare. The government has shown con- trator is usually only fined the cost of the
cern over the problem of rape and has re- child’s medical care.
vised the Penal Code to include sentences of The government has not been coopera-
up to twenty years for convicted rapists, al- tive with human rights groups. The gov-
though the government has shown hesi- ernment intermittently detained and
tancy to use rape as a charge. The police released the leaders of two domestic human
rarely intervene in domestic disputes. Sol- rights organizations during 1998 and 1999.
diers systematically rape Afar women in The Red Cross manages to maintain a
rural provinces, and very few charges have small, locally staffed office.
been filed for these incidents because the
Eric Busch
victims are ashamed and fearful of reprisal.
Few women attain managerial or profes-
sional positions, and traditional Islamic law Bibliography
discriminates against women in most civil,
Amnesty International. Amnesty International
domestic, and economic matters. Report 2000. New York: Amnesty Interna-
There are almost no public funds dedi- tional Publications, 2000.
cated to the advancement of children’s rights U.S. Department of State. Djibouti Country Re-
and welfare. Although primary education is port on Human Rights Practices for 1999.
compulsory, the government does not mon- Washington, DC: Bureau of Democracy,
itor compliance. Most schools are in disre- Human Rights, and Labor, 2000.
Dominican Republic
Duarte, the national hero. In 1930, a mili-
tary coup led by Rafael Trujillo established
a dictatorship that lasted until 1961 when
the dictator was assassinated. Democratic
elections took place in 1962. However, in
1963 another coup reestablished the dic-
tatorship. In 1965, the U.S. Marines inter-
vened and restored democracy.
The Dominican Republic is a represen-
tative democracy. The president and the
cabinet make up the executive branch of
government. The Senate and the Chamber
of Deputies represent the legislative branch.
The Supreme Court represents the judicial
branch.
The Dominican Republic is a middle-in-
come developing country primarily depen-
dent on agriculture, trade, and services,
especially tourism. Tourism accounts for
more than $1 billion in annual earnings.
The Dominican Republic is located in the Free-trade–zone earnings and tourism are
West Indies, and occupies the eastern two- the fastest growing economic sectors.
thirds of the Island of Hispaniola, with Haiti The Dominican Republic belongs to the UN
occupying the western third. The Atlantic and many of its specialized and related agen-
Ocean bounds it on the east, and the cies, including the World Bank, the Interna-
Caribbean Sea bounds it on the west. Santo tional Labor Organization, the International
Domingo is the capital. The population of Atomic Energy Agency, and the Internation-
approximately 8 million is primarily of a al Civil Aviation Organization. It is also a
mixed ethnicity (73 percent). Other groups member of the Organization of American
include Europeans (16 percent) and States, the Inter-American Development
Africans (11 percent). Catholicism is the Bank, and INTELSAT.
major religious denomination (96 percent).
The official language is Spanish.
HUMAN RIGHTS
The Dominican constitution grants human
BACKGROUND
rights to the citizens of the Dominican Re-
The Dominican Republic was proclaimed public. However, violations of human rights
independent in 1844 after a victorious rev- by police and state officials are still report-
olution against Haiti led by Don Pablo ed frequently. In 1998, there were no offi-

174
Dominican Republic 175

One of many families made homeless by the government’s decision to build a huge monument to Christopher
Columbus.

cial reports of political killings by the po- training, and accountability throughout the
lice, but there were a number extrajudicial law enforcement and corrections system ex-
killings reported, slightly more than in acerbate the problem of physical abuse.
1997. Police tribunals on occasion have Human rights groups and the press have
tried, convicted, and sentenced government reported many incidents of physical abuse
personnel charged with extrajudicial of detainees while in custody. Penalties for
killings. Police courts sentenced fifty mem- torture and physical abuse were toughened
bers of the police (thirty-nine enlisted per- by a law passed in 1997 that provides for
sons and eleven officers) convicted of sentences ranging from ten to fifteen years
serious crimes, while the authorities dis- in prison. However, these provisions were
missed a number of other members of the not fully known or enforced by prosecutors
police and remanded their cases to the civil- and judges, and some sentences were less
ian court system. than that stipulated by law.
Torture and other forms of physical The constitution provides that authori-
abuse are illegal, but allegations continue ties may detain suspects for a maximum of
of security service personnel physically forty-eight hours before arraignment, after
abusing detainees. Lack of supervision, which they must charge or release them,
176 The Human Rights Encyclopedia

although in special circumstances, sus- cases, the government denied those deport-
pects may be detained for longer periods ed the opportunity to demonstrate that they
with the approval of the prosecutor’s office. resided legally in the Dominican Republic.
However, the security forces continue to vi- The government cooperates with the
olate constitutional provisions by detaining United Nations High Commissioner for
suspects for investigation or interrogation Refugees and other humanitarian organi-
beyond the prescribed forty-eight-hour zations in assisting refugees. Non-govern-
limit. mental human rights organizations operate
Although the constitution stipulates an freely without government interference. In
independent judiciary, interference from addition to the Dominican Human Rights
other public and private entities, including Committee, the National Human Rights
the executive branch, undermines judicial Commission, and the non-government
independence. The constitution provides Truth Commission, several Haitian,
for public trial and for representation by church, women’s, and labor groups exist.
counsel. During the closed pretrial inves- Domestic violence and sexual harass-
tigative phase of the criminal justice ment are widespread. Under the 1997 Law
process, the state traditionally provides no Against Domestic Violence, the state can
counsel to imprisoned indigents. In August, prosecute a suspect for rape, even if the
the government inaugurated a small (thir- victim does not file charges. This law also
teen-person) public defender organization allows a rape victim to press charges
to provide service to indigent defendants in against her husband without having her
the Santo Domingo metropolitan area. marriage annulled. However, because the
Where no public defender is available, the law was passed relatively recently, its ef-
judges assign indigent cases to seventy fectiveness in enhancing women’s lives is
part-time, private attorneys, whose services yet to be determined. The government’s Of-
are paid for by the state. fice of Women’s Issues assists women with
The security forces have been accused of outreach programs on domestic violence
a number of human rights abuses. The se- and legal rights. In May 1998, the govern-
curity forces have detained relatives and ment opened a center for the forensic ex-
friends of suspects to try to compel sus- amination of abused women, which
pects to surrender. The police allegedly fol- handled ten to fifteen cases a day, most of
lowed a leader of a human rights group on them involving minors. However, there still
several occasions in late 1997. are no shelters for battered women. The
Haitians continue to migrate in great government does not enforce the law
numbers to the Dominican Republic, some against prostitution.
legally, but most without legal documents, Women do not share equal social and
in search of economic opportunity. At any economic treatment or opportunity with
given time, the security forces, particular- men. In many instances, women are paid
ly the army, deport undocumented Haitian less than men are in equal jobs and with
nationals believed to be in the country ille- equal skills. Some employers in industry
gally. International observers estimated reportedly give pregnancy tests to women
that the Dominican government deports before hiring them, as part of a required
more than 10,000 Haitians a year. In many medical examination. Union leaders and
Dominican Republic 177

human rights advocates report that preg- A strong prejudice against Haitians runs
nant women often are not hired. through Dominican society, harming many
Private social and religious institutions Haitians and Dominicans of Haitian ances-
carry out most of the child welfare work, try. The government has not acknowledged
although there are government institutions the existence of this discrimination nor has
for that purpose. The most serious abuse it made any effort to combat it. Darker-
involving children is the failure of the judi- skinned Dominicans also face informal bar-
cial system to protect the status of minors riers to social and economic advancement.
in criminal cases. The authorities some- The constitution provides the freedom for
times treat minors as adults and incarcer- the workers to organize unions and to
ate them in prison rather than juvenile strike. Unions represent all workers except
detention centers. According to local mon- the military and the police.
itors, instances of child abuse were under-
Barbara and Michela Zonta
reported because of traditional beliefs that
Bibliography
family problems should be dealt with pri-
vately by the family. However, child abuse Amnesty International. Amnesty International
is receiving increased public attention. Report 2000. New York: Amnesty Interna-
Some in the tourist industry have facilitat- tional Publications, 2000.
Central Intelligence Agency. The World Factbook
ed the sexual exploitation of children. Some
1999. Washington, DC: Office of Public Af-
tours are marketed overseas with the un-
fairs, 1999.
derstanding that children can be obtained
U.S. Department of State. Background Notes:
as sex partners. Dominican Republic. Washington, DC: Bureau
Disabled persons encounter discrimina- of Inter-American Affairs, 1998.
tion in employment and in the provision of ———. Dominican Republic Country Report on
other services. However, since 1997 the Human Rights Practices for 1998. Washing-
government has made many efforts to im- ton, DC: Bureau of Democracy, Human
prove conditions for the disabled. Rights, and Labor, 1999.
Ecuador
tors as petroleum, utilities, and aviation.
The major exports are oil, bananas, and
shrimp. Because of inadequate fiscal sta-
bilization measures, corruption in the gov-
ernment, and high domestic interest rates,
the country has experienced uneven eco-
nomic growth in recent years. In 1995,
Ecuador joined the World Trade Organiza-
tion, but did not comply with many of its
rules. In 1998, after a brief increase in eco-
nomic activity, Ecuador’s economic growth
was adversely affected by lower world oil
prices and by poor weather caused by the
El Nino weather patterns.
Before the Spanish arrived and defeated
the Inca armies in 1534, the territory had
long been inhabited by advanced indige-
nous cultures. During the first decades of
Spanish rule, the indigenous population
was decimated by disease and mistreat-
The Republic of Ecuador is located in west- ment. Independence from Spain was
ern South America, on the Pacific Ocean. achieved on May 24, 1822. The nineteenth
It has borders with Colombia and Peru. Its century was characterized by instability
population, estimated to be 12.5 million, is and a rapid succession of rulers. After
composed of indigenous peoples (25 per- World War II, following years of political in-
cent), mestizos (55 percent), Africans ( per- stability and military coups, the country fi-
cent), Spanish and others (10 percent). nally achieved prosperity and peace. This
Quito is the capital city. Roman Catholi- lasted until the populist politics and do-
cism is the principal religion. Spanish is mestic military interventions of the 1960s.
the official language, although indigenous A nationalist military regime ruled the
languages such as Quichua—the Ecuado- country from 1972 to 1979, after which
rian dialect of Quechua—are spoken. Ecuador returned to democracy.
Ecuador is a member of the United Nations
and the Organization of American States, as
BACKGROUND
well as of a number of regional groups, in-
Ecuador is rich in oil resources and agri- cluding the Rio Group, the Latin American
cultural products. The economy is based Economic System, the Latin American Ener-
on private enterprise, although the govern- gy Organization, the Latin American Inte-
ment is heavily involved in such key sec- gration Association, and the Andean Pact.

178
Ecuador 179

The national government has separate ciary, in practice the judiciary is suscepti-
executive, legislative, and judicial branch- ble to outside political pressures and the
es. The executive branch consists of the payment of bribes, and operates slowly and
president and fourteen cabinet ministers. inconsistently. Furthermore, both the po-
A unicameral Congress represents the leg- lice and the military are often involved in
islative branch, whereas the judicial branch human rights abuses.
consists of a supreme court, provincial Persons are frequently subject to arbi-
courts, and ordinary civil and criminal trary arrest, and, once incarcerated, may
judges. The military enjoys substantial au- wait years before being convicted or ac-
tonomy, whereas the national police fall quitted unless they pay bribes. Although
under the civilian Ministry of Government the law prohibits incommunicado deten-
and Police. tion, this practice is frequently adopted.
The large majority of prisoners in jail have
not been formally sentenced. The authori-
HUMAN RIGHTS
ties often do not observe internationally ac-
According to human rights monitors, the cepted due process rights for criminal
politicized, inefficient, and corrupt legal and defendants, and there are relatively few
judicial system is responsible for a number public attorneys available to defend the
of human rights abuses. Although the con- large number of indigent suspects. Extra-
stitution provides for an independent judi- judicial killings and mistreatment of pris-

Demonstration against the government.


180 The Human Rights Encyclopedia

oners by the police are very common. There crimination based on race, religion, sex, or
have been several allegations of extrajudi- social status. Violence against women, in-
cial killings committed by drunken police cluding abuse within marriage, is a serious
members. Although torture and similar problem. Although many rapes occur, few
forms of intimidation are prohibited by the are reported because of victims’ reluctance
law, police often abuse suspects and pris- to confront perpetrators. Women particu-
oners, usually without fear of punihsment. larly experience discrimination in the areas
Among the most common forms of torture of educational and economic opportunities.
used by the police are burning with ciga- Poor children, especially in urban areas,
rettes, applying electric shocks, and psy- often experience severe hardships. Child
chological threats. prostitution is common, and although the
Prison conditions are very poor. Over- constitution states that children must attend
crowding constitutes a major problem, al- school until age fourteen, children often leave
though it has been reduced recently. There school at an early age in order to support
are no separate facilities for dangerous themselves or to augment the family income.
criminals and minor offenders, and there The indigenous peoples of Ecuador are at
are no effective rehabilitation programs. the bottom of the socioeconomic scale, and
The constitution provides for freedom of Indians and Afro-Ecuadorian citizens suffer
speech. The authorities usually respect this pervasive discrimination. Disabled persons
provision, although charges of slander and are not provided with any special govern-
libel brought by and against public figures ment assistance, nor are there laws to guar-
are frequent. Furthermore, although there antee access to public buildings or services.
is freedom of the press, some degree of self-
Barbara and Michela Zonta
censorship is practiced in the print media,
particularly when political or military issues Bibliography
are involved. The constitution also provides
for freedom of association and for the right Amnesty International. Amnesty International
Report 2000. New York: Amnesty Interna-
of free assembly, and the government gen-
tional Publications, 2000..
erally respects these rights in practice.
U.S. Department of State. Background Notes:
The government respects freedom of re-
Ecuador. Washington, DC: Bureau of Inter-
ligion and allows religious demonstrations American Affairs, 1994.
by all religions. By contrast, discrimination ———. Ecuador Country Report on Human
against women, Afro-Ecuadorians, and in- Rights Practices for 1998. Washington, DC:
digenous people is widespread, despite the Bureau of Democracy, Human Rights, and
fact that the constitution prohibits dis- Labor, 1999
Egypt
the population are Sunni Muslim, while the
remainder are mostly Coptic Christians.
Arabic is the official language; French and
English are widely understood by members
of the educated classes.

BACKGROUND
Because of its location, Egypt has always
played a major role in Middle Eastern
geopolitics. After achieving independence
from the United Kingdom in 1922, Egypt
remained under British political influence.
In 1952, following an outbreak of violence
between Egyptians and British in the canal
area, Lt. Col. Gamal Abdel Nasser led a mil-
itary coup that overthrew King Farouk.
Egypt was declared a republic the follow-
ing year. Nasser’s anti-Israeli policies pro-
voked the Suez war in 1956, and the war of
The Arab Republic of Egypt is situated in June 1967, in which Egypt’s military forces
North Africa, bounded on the north by the were defeated. As a result, Egypt lost the
Mediterranean Sea, on the east by the Red Sinai Peninsula to Israel.
Sea and the Suez Canal, on the south by Nasser’s successor, Anwar el-Sadat,
Sudan, and on the west by Libya. It con- signed the historic Camp David accords in
trols the Sinai Peninsula, the only land 1978. As a consequence of this treaty,
bridge connecting Africa with Asia, and the Egypt regained control of the Sinai Penin-
Suez Canal, a sea link between the Mediter- sula and relations with the United States
ranean Sea and the Indian Ocean. Cairo is improved. Sadat’s domestic policy aimed at
the capital city. One of the most populous promoting political freedom and liberaliza-
countries in the Arab world and the second tion. In October 1981, he was assassinat-
most populous on the African continent, ed by Islamic extremists. Hosni Mubarak,
Egypt has a population of approximately who had been vice president since 1975,
67 million, mainly of Hamitic origin. Eth- was elected president shortly afterward.
nic minorities include Bedouin Arab no- Mubarak was reelected in October 1987,
mads living in the eastern and western and again in October 1993. Mubarak has
deserts and in Sinai, and Nubians concen- maintained Egypt’s commitment to the
trated along the Nile in Upper Egypt. Islam Camp David peace accords. Egypt played a
is the state religion. About 94 percent of key role during the 1990–1991 Persian Gulf

181
182 The Human Rights Encyclopedia

war, with its military contingent represent- es, including the deaths of hundreds of
ing the second-largest coalition forces. It civilians, governmental officials, members
also played an important role in the Madrid of security forces, foreign tourists, and
Peace Conference in 1991, and in ongoing Egyptian Christians.
discussions promoting peace in the Middle The government is also responsible for
East. human rights abuses in several areas. Egypt
The constitution provides for a strong ex- is a social democracy according to its con-
ecutive. The president appoints the mem- stitution, yet its citizens do not, in practice,
bers of the cabinet and the country’s local have the ability to change their government.
governors, with the power to dismiss them The ruling National Democratic Party con-
at his discretion. Mubarak’s National De- trols the legislative body, the local govern-
mocratic Party dominates the popularly ments, the media, and the public and private
elected legislative body, the People’s As- sectors. Administrative courts recognized the
sembly, and the partially elected Consulta- 1995 legislative elections as fraudulent.
tive Council. The judiciary is independent. However, the Assembly did not call for new
The president is also commander-in-chief elections. The government also controls the
of the military forces. In practice, Mubarak licensing of new political parties.
operates as the dictator of Egypt. The min- In 1981, the government enacted the
ister of interior controls several security Emergency Law as part of its antiterrorist
services, including the State Security In- campaign, and since then special decrees
vestigations Sector (SSIS) and the Central and provisions have been invoked to pro-
Security Forces, whose function is to com- tect national security. The Emergency Law
bat terrorism. restricts many human rights. Under its pro-
Egypt is a member of the Arab League, visions, authorities can arrest without war-
of the Organization of African Unity, and rant or detain without charge any
the United Nations. individual who poses a threat to national
Egypt’s economy is moving toward a de- security or public order. There are reports
centralized, free-market system through an by human rights groups of detainees who
ongoing program of economic reforms ini- have been in prison for several years with-
tiated in 1991. Agriculture, mainly in pri- out being formally charged. Mass arrests
vate hands, still provides employment to have been conducted as part of the gov-
more than one-third of the labor force. Cot- ernment’s antiterrorist campaign. In addi-
ton is the largest exported crop. Tourism, tion, under the Emergency Law, cases
petroleum exports, and Suez Canal rev- involving terrorism are tried by military or
enues represent major sources of foreign State Security Emergency courts, in which
currency. Per capita gross domestic prod- the accused are not granted the constitu-
uct was estimated at $3,000 in 1999. tional protections of civilian judicial courts.
Hundreds of civilian defendants have been
denied due process and the right to appeal.
HUMAN RIGHTS
Police have also committed extrajudicial
Since 1981 the government has been bat- killings. Some of these killings occurred
tling against increased activity by terrorist during antiterrorist operations. Others have
groups. Islamic extremists have been re- taken place while people were being held
sponsible for serious human rights abus- by authorities. In a few cases, the govern-
Egypt 183

ment took light disciplinary actions against vide in-depth reporting on human rights
perpetrators. Human rights groups also be- abuses and open criticism of government
lieve that the SSIS employs torture to ex- policies and figures.
tract confessions from suspected terrorists Journalists and editors have often been
and to deter others from antigovernment accused of libel. The public prosecutor has
activities. Human rights monitors are still the authority to ban publications pertain-
investigating the 1992 to 1996 disappear- ing to cases involving national security. The
ances of dozens of people likely involved interior minister can stop foreign newspa-
with terrorist organizations. pers from entering the country. Other min-
Police occasionally use arbitrary arrest istries can legally censor, ban, or confiscate
and detention against any person suspect- books, works of art, plays, and films
ed of criminal acts. Prison conditions are deemed offensive to social morals, detri-
very poor. Cells are overcrowded and poor- mental to religion, or capable of causing a
ly ventilated. Prisoners lack medical care disturbance in the public order. The Islamic
and adequate nutrition. Some prisons are Research Center at Al Azhar University is
closed to visits, including those by relatives the official authority in charge of censoring
and lawyers. In addition, restrictions are publications dealing with the Koran and Is-
applied to prisoners incarcerated for polit- lamic scriptural texts, and judges the suit-
ical or terrorist crimes. Human rights mon- ability of non-religious books and works of
itors have been denied visits to several art. Many moderate Muslims and secular-
prisons or have been prevented from meet- ist writers live abroad and fear persecution
ing with prisoners. Egypt also denies ac- by Islamic extremists if they return. For-
cess to prisons to the International eign films cannot be viewed in theaters. The
Committee of the Red Cross (ICRC). production of films for foreign distribution
The government infringes on citizens’ made in Egypt is monitored by government
rights to privacy on the basis of the Emer- censors, who make sure the country is por-
gency Law. Journalists, foreigners, sus- trayed in a favorable light.
pected subversives, writers, and political Freedom of assembly and association are
activities are subject to surveillance. Their also severely restricted. Citizens must ob-
correspondence, especially their interna- tain governmental authorization before
tional mail, is often intercepted. Authorities holding public meetings, demonstrations,
may conduct searches without warrants, or marches. The Ministry of Social Affairs
use wiretaps, and confiscate property. has extensive control over associations, and
The government continues to restrict can dissolve organizations involved in polit-
freedom of speech and freedom of the press ical or religious activities. Workers’ rights
by holding a monopoly of the media. It con- are limited. All trade unions are required to
trols the printing and distribution of news- belong to a single federation legally recog-
papers, and operates all domestic radio and nized by the government. Strikes are illegal.
television broadcasts. The Penal Code, the Although the Egyptian constitution pro-
Press Law, and the Publications Law es- vides for freedom of religion, in practice the
tablish fines or prison terms for criticism government limits this right. Islam is the
of the president, members of the govern- state religion and the primary source of leg-
ment, or foreign heads of state. In spite of islation. All religious practices that conflict
this, however, opposition newspapers pro- with Islam are prohibited. Muslims may be
184 The Human Rights Encyclopedia

During the Cairo World Population Conference, a member of Egypt’s Muslim Brotherhood seizes the microphone and
lectures the audience on the evils of abortion, September 1994.

subject to criminal charges and, conse- lem as well. Women remain underrepre-
quently, to travel restrictions if they con- sented in government and politics. Rape
vert to another faith. and domestic violence are widespread. Mar-
Members of the non-Muslim minority ital rape is not illegal. Despite the govern-
generally operate freely. However, discrim- ment’s effort to eradicate the practice,
ination against Christians is a problem. female genital mutilation is common. Ex-
Coptic Christians, in particular, are victims tremist Islamic groups oppose greater
of harassment and violent attacks by Is- rights for women.
lamic terrorists. The government does not Egypt is committed to child welfare, a
seem sufficiently determined to prevent policy which is supported by international
such attacks or to address issues of dis- donors. Violence and abuse against chil-
crimination in education, employment, and dren is common. Although the constitution
politics. The government and the opposi- prohibits child labor, the government is un-
tion press support anti-Semitic propagan- able to enforce this provision, especially in
da. Religious minorities are not represented the private sector.
in government or politics. The government is also committed to the
Societal discrimination against women, rights of people with disabilities, as reflect-
enforced by traditional practices, is a prob- ed in its cooperation with United Nations
Egypt 185

agencies and other international organiza- abuses, although the EOHR and other
tions. Although there is no legislation grant- groups continue to operate openly and re-
ing accessibility to public buildings or ceive funding from international human
transportation for the physically disabled, rights organizations. Occasionally, human
in practice, most services are available. rights activists are victims of government
Egypt generally cooperates with the Unit- harassment.
ed Nations High Commissioner for Refugees
Barbara and Michela Zonta
in assisting refugees or asylum seekers.
Citizens and foreigners are free to travel
Bibliography
within the country and abroad. Some trav-
el restrictions apply to married women, who Amnesty International. Amnesty International
require their husband’s permission, and to Report 2000. New York: Amnesty Interna-
unmarried women under the age of twenty- tional Publications, 2000.
Central Intelligence Agency. The World Factbook
one, who need their father’s authorization.
1999. Washington, DC: Office of Public Af-
The government denies legal status to
fairs, 1999.
human rights groups by alleging that they
U.S. Department of State. Background Notes:
are involved in political activities. Since Egypt. Washington, DC: Bureau of African
1985, it has refused to license the Egyptian Affairs, 1995.
Organization for Human Rights (EOHR). ———. Egypt Country Report on Human Rights
Government restrictions on the activities of Practices for 1998. Washington, DC: Bureau
non-governmental organizations signifi- of Democracy, Human Rights, and Labor,
cantly affect the reporting of human rights 1999.
El Salvador
General of Guatemala until 1821, when El
Salvador achieved independence from
Spain along with other Central American
provinces. El Salvador became an inde-
pendent republic in 1838. The following
years were marked by frequent revolutions.
Relative stability was not achieved until the
1930s. The economic elite and the military
ruled the country, and from 1932—the
year of General Maximiliano Hernandez
Martinez’s coup—until 1980, virtually all
Salvadoran presidents were army officers.
During the years of military rule, the gov-
ernment employed political repression and
limited reform to maintain power. The po-
litical situation began to dissolve during the
1970s, when leftist groups opposed to the
government became convinced that armed
insurrection was the only means to achieve
change. Guerrilla warfare broke out in the
The Republic of El Salvador is located in cities and the countryside, initiating a
Central America on the Pacific Ocean. Its twelve-year civil war. A large quantity of
territory is bounded by Guatemala and arms and munitions were provided by the
Honduras. San Salvador is the capital city. new Sandinista government of Nicaragua.
Its population of 6 million is composed of On October 15, 1979, a revolutionary
mestizos (90 percent), and indigenous peo- junta—composed of reform-minded mili-
ples (1 percent). Although Roman Catholi- tary officers and civilian leaders—defeated
cism is the official religion, several the right-wing government of General Car-
Protestant groups have been growing los Humberto Romero, and began a pro-
throughout the country. Spanish is the of- gram of broad economic reforms. On March
ficial language. 28, 1982, Salvadorans elected a new con-
stituent assembly, and in 1983, a consti-
tution was drafted. In 1984, Jose Napoleon
BACKGROUND
Duarte became the first freely elected pres-
Until the Spanish conquest in 1525, two ident of El Salvador in more than fifty years,
large Indian states and several principali- and five years later the inauguration of Al-
ties made up the territory that is now fredo Cristiani as the next president
known as El Salvador. The district re- marked the first time that power had
mained under control of the Captaincy passed peacefully from one freely elected

186
El Salvador 187

Child standing near dead civilian, victim of the guerilla conflict, November 1989.

leader to another. Cristiani was committed The Salvadoran economy, which is based
to ending the decade of conflict between the on agriculture and manufacturing, is com-
government and guerrillas, and initiated an mitted to free markets and careful fiscal
unmediated dialogue between the two management. The country benefits from a
sides. This dialogue lasted until the rich soil, a moderate climate, and a hard-
Farabundo Marti National Liberation Front working and enterprising labor force. Cof-
(FMLN) launched a nationwide offensive in fee and sugar are the principal export
November 1989. The two sides finally crops. The manufacturing sector is domi-
signed the New York City Accord in Sep- nated by apparel manufacturing and rep-
tember 1991, by invitation from the United resents the principal source of new jobs.
Nations, and in December of the same year, The civil war significantly affected the econ-
both sides initiated a peace agreement. The omy from 1979 to 1990, damaging the
official end of the conflict was marked by a country’s infrastructure and means of pro-
ceremony held on December 15, 1992. duction, and reducing export earnings.
Most aspects of the accords have been im- Since the attacks on economic targets
plemented. The peace process was moni- ended in 1992, private investments have
tored by the United Nations until 1997. increased significantly. Both the Cristiani
188 The Human Rights Encyclopedia

and Calderon administrations introduced


free-market policy initiatives, from the pri-
vatization of the banking system and the
reduction of import duties to the improved
enforcement of intellectual property rights
and the privatization of the telecommuni-
cations and electrical enterprises. Fur-
thermore, the sizable trade and fiscal
deficits of the nation have been offset by
remittances from Salvadorans living
abroad and by external aid.
El Salvador is a member of the United
Nations and several of its specialized agen-
cies, the Organization of American States
(OAS), the Central American Common Mar-
ket (CACM), the Central American Parlia-
ment (PARLACEN), and the Central
American Integration System (SICA). In ad-
dition, El Salvador actively participates in
the Central American Security Commission
(CASC), which seeks to promote regional
arms control, and is a member of the World
Trade Organization.
El Salvador is a constitutional, multipar-
Two Salvadoran army soldiers look at the body of a
ty democracy. The national government con-
peasant. According to Catholic groups, the army was
sists of an executive branch with a president responsible for his murder. El Zapote, January 1991.
and vice president; an eighty-four-member
legislative assembly; and a judiciary repre-
sented by a supreme court. The judiciary is percent; the replacement of the discredit-
independent, but suffers from inefficiency ed National Police with a new Civilian Na-
and corruption. tional Police; and the integration of the
former guerrillas into political life.
HUMAN RIGHTS Since the civil war, the nations’ human
rights record has improved considerably.
During the twelve-year civil war, human Virtually all basic human rights are re-
rights violations by both left- and right-wing spected, although there are still violations
forces were pervasive. The peace accords in some areas. There have been a few cases
established a truth commission to investi- of extrajudicial killings by the police. Al-
gate the most serious cases. The 1993 com- though the constitution prohibits torture,
mission report recommended that those some members of the police continue to use
identified as human rights violators be re- excessive force and to otherwise mistreat
moved from all government and military detainees. Similarly, police often arrest and
posts. The accords also recommended the detain persons arbitrarily. Prison condi-
reduction of the armed forces by over 70 tions are poor. Overcrowding is a problem,
El Salvador 189

although it has been reduced in recent own in the streets. Substance abuse—es-
years. The judiciary’s inefficiency has led pecially glue and paint sniffing—is a serious
to a backlog of cases, which results in problem among urban street children. Al-
lengthy pretrial detention and delays in tri- legedly, many street children suffer from
als. The new court system has shown some police brutality.
improvement by removing time-consuming International, local, and non-govern-
investigative responsibilities from the judge mental organizations operate freely and
and placing them with the police and the monitor the human rights situation in El
prosecutor’s office. Salvador. The main human rights inves-
Discrimination against women, the dis- tigative and monitoring body is the Om-
abled, and indigenous peoples is present in budsman for the Defense of Human Rights.
the areas of salaries, hiring, and access to
Barbara and Michela Zonta
credit and education. Violence against ho-
mosexuals and women, including domes- Bibliography
tic violence, as well as child abuse, are
Amnesty International. Amnesty International
serious problems. It has been estimated
Report 2000. New York: Amnesty Interna-
that some 270,000 minors work, mostly as tional Publications, 2000.
street vendors. These children usually lose U.S. Department of State. Background Notes: El
their opportunity for an education and are Salvador. Washington, DC: Bureau of Inter-
often sexually abused or forced into prosti- American Affairs, 1994.
tution. A 1997 study by the non-govern- ———. El Salvador Country Report on Human
ment organization network Procipotes Rights Practices for 1998. Washington, DC:
documented that about 1,000 children Bureau of Democracy, Human Rights, and
below the age of sixteen were living on their Labor, 1999.
Equatorial Guinea
BACKGROUND
Under Spanish rule since 1885, Equatori-
al Guinea achieved independence in 1968.
Francisco Macias Nguema became the first
president, but he soon assumed dictatori-
al powers. In 1979, Macias was overthrown
and replaced by his nephew, Teodoro
Obiang Nguema Mbasogo, of the majority
Fang ethnic group. He established a mili-
tary regime and has been in power ever
since. He was reelected president for an-
other seven-year term in 1996, in elections
that were considered fraudulent by both
domestic and international observers.
Although nominally a multiparty consti-
tutional republic, the government is high-
ly centralized, and the president’s
Democratic Party of Equatorial Guinea
(PDGE) controls both the unicameral legis-
lature and the judiciary. The court system
includes traditional courts that deal with
The Republic of Equatorial Guinea is situ- civil and minor criminal matters. The pres-
ated in West Africa. It is bounded on the ident controls the security forces and the
north by Cameroon, on the east and south police through the minister of interior, who
by Gabon, and on the west by the Atlantic is also president of the National Electoral
Ocean. It also includes five offshore islands, Board.
including Bioko, off the coast of Cameroon. The country’s economy is based primar-
Malabo, on Bioko Island, is the capital city. ily on subsistence agriculture, hunting, and
Equatorial Guinea has a population of ap- fishing. Government officials and their fam-
proximately 470,000. Ethnic groups in- ily members dominate these sectors. A
clude the majority Fang, the minority Bubi, small monetary sector exports petroleum,
and less than 1,000 Europeans, who are cocoa, and timber. Since 1995, the discov-
primarily Spanish. The majority of the pop- ery and exploitation of oil deposits have
ulation is nominally Christian, mainly contributed to dramatic economic growth.
Roman Catholic, but pagan practices are However, oil revenues have not been used
widespread as well. Spanish and French for the public welfare. Widespread corrup-
are the official languages. tion, economic mismanagement, and

190
Equatorial Guinea 191

human rights abuses have contributed to under custody. Prisoners have been beaten,
the suspension of financial aid programs tortured, and mutilated. There have been
sponsored by the World Bank and the In- allegations of disappearances of individu-
ternational Monetary Fund. als during police raids following protests
and revolts on the island of Bioko by the
Bubi ethnic group. Authorities apparently
HUMAN RIGHTS
authorized and directed these crimes, and
Citizens do not have the right to change their did not convict the perpetrators. Police of-
government through free and fair elections. ficers and local authorities are allegedly re-
The February 1996 presidential elections sponsible for harassment, intimidation, and
were marred by irregularities and intimida- the extortion of money. Governmental au-
tion. Voting was done without secrecy. Op- thorities routinely ignore procedural safe-
position parties were denied access to polling guards regarding detention. Police use
areas. There were also reports of opposition arbitrary arrest and detention against for-
party members being beaten, arrested, and eigners, ethnic minorities, and political ac-
jailed before the elections. tivists. Prison conditions are harsh, often
Security forces are allegedly responsible life-threatening. There is overcrowding in
for serious human rights abuses. There are prisons and a lack of sanitation. The food
reports of extrajudicial killings and deaths supply is inadequate.

An AIDS prevention poster. AIDS is one of the leading causes of death in Africa.
192 The Human Rights Encyclopedia

The judicial system is corrupt, with uisite for employment and promotion. The
judges serving at the pleasure of the pres- government controls the country’s major
ident. In addition, judges often do not have employers and sets wages. Abuses of work-
legal training. Authorities do not respect ers’ rights are particularly evident in the oil
provisions regarding legal representation industry, where a government agency keeps
and the right to appeal. Trials are not fair, about two-thirds of the worker’s wages.
with defendants’ confessions often obtained Although the constitution prohibits dis-
via torture. Civil cases are rarely conduct- crimination based on sex, race, and reli-
ed in public. Political prisoners are tried be- gion, in practice these provisions are not
fore military tribunals. There were reports respected. Societal discrimination against
of defendants not being allowed to testify women is supported by government poli-
in cases where capital punishment was a cies. Women are traditionally confined to
possible outcome. secondary roles in society and have limited
The government infringes on the citizens’ educational opportunities. Violence against
rights by interfering with their privacy, women, particularly domestic abuse, is a
homes, families, and correspondence. Se- serious problem. The government also
curity forces usually conduct searches shows little or no concern for the welfare
without warrants. The constitutional pro- and education of children. The constitution
vision granting freedom of speech and free- does not prohibit discrimination based on
dom of the press is not respected. Criticism disability in employment or education.
of the president and security forces is not There is no law mandating accessibility to
tolerated. All journalists must be registered buildings by the physically disabled.
with the Ministry of Information, and for- Ethnic minorities and citizens from neigh-
eign reporters are regularly escorted by boring countries face discrimination, and are
guides from the same ministry. There were victims of harassment and violence by the
reports of arrests and expulsion of foreign authorities. Since January 1998, political
journalists from the country. All local pub- tensions have intensified between the ma-
lications and the only monthly newspaper jority Fang ethnic group and the Bubi eth-
practice self-censorship. Only a few foreign nic minority after the latter led a separatist
newspapers are available. revolt on Bioko. The Fang-dominated gov-
The government exercises a monopoly ernment responded by intensifying its re-
over domestic radio and television broad- pression of minorities. There were credible
casting. Prodemocracy opposition parties reports that the security forces summarily
are denied access to news broadcasting. executed an unknown number of people after
Foreign cable television is available, but few the revolt. Their bodies were buried in shal-
citizens can afford it. There are no domes- low graves in the jungle. Vigilantes of the
tic Internet service providers. dominant Fang ethic group arrested mem-
Academic freedom is restricted by a lack bers of the Bubi ethnic group, raped women,
of infrastructure for higher education. The and exposed many to humiliating and de-
right to peaceful assembly and to freedom grading treatment. They looted homes, threw
of association, especially the right of work- residents’ belongings into the streets, and en-
ers to form unions, are severely restricted. couraged the public to join in the looting. Au-
Strikes are prohibited by law. Membership thorities did nothing to prevent these abuses
in the ruling PDGE is considered a prereq- or to convict the perpetrators.
Equatorial Guinea 193

The constitutional provision regarding Equatorial Guinea. In 1992, the govern-


freedom of religion is not respected, and cer- ment established a parliamentary commis-
tain religious groups are discriminated sion on human rights, but it has been of
against. All religious organizations must ob- little or no use. Amnesty International is al-
tain legal recognition by the Ministry of Jus- lowed to visit periodically, but its reports
tice and Religion. In particular, the activities are not acknowledged by authorities. The
of the Catholic Church are restricted. Some United Nations Special Rapporteur on
priests and members of the Catholic non- Human Rights for Equatorial Guinea has
governmental organization Caritas were re- visited the country and has received some
portedly harassed or arrested for denouncing government cooperation.
human rights abuses, corruption, and so-
Barbara and Michela Zonta
cial injustice in the country.
Freedom of movement and travel
throughout the country and abroad is lim- Bibliography
ited. Local authorities at checkpoints de-
Amnesty International. Amnesty International
mand bribes from travelers. Opposition
Report 2000. New York: Amnesty Interna-
members are often victims of arbitrary
tional Publications, 2000.
searches and harassment at roadblocks. Central Intelligence Agency. The World Factbook
They are also denied the right to travel 1999. Washington, DC: Office of Public Af-
abroad. There have been reports that au- fairs, 1999.
thorities illegally captured and forced repa- U.S. Department of State. Equatorial Guinea
triation of its citizens living abroad. Country Report on Human Rights Practices for
There are no local human rights non- 1998. Washington, DC: Bureau of Democra-
governmental organizations operating in cy, Human Rights, and Labor, 1999.
Eritrea
at the end of World War II. On May 24,
1993, Eritrea achieved independence after
a thirty-year war led by the Eritrean Peo-
ple’s Liberation Front (EPLF) against
Ethiopia. Its leader, Isaias Afwerki, contin-
ues to be the president of the Provisional
Government of Eritrea. The EPLF has es-
tablished itself as the sole political party,
changing its name to the People’s Front for
Democracy and Justice (PFDJ). Eritrea is
still in the process of establishing a per-
manent government. A new constitution
was promulgated in 1997, but has not yet
been implemented. New general elections
were scheduled for the year 1997, but they
were delayed and indefinitely postponed fol-
lowing an outbreak of conflict at the
Ethiopian border. In addition, Sudan’s at-
tempt to spread Islamic fundamentalism to
neighboring countries since 1993 has in-
Eritrea is a country in the Horn of Africa, on creasingly forced Eritrean military forces to
the southwest coast of the Red Sea. It is deal with terrorist attacks organized by Er-
bounded on the west and northwest by itrean Islamic Jihad, a Sudan-based in-
Sudan, on the south by Ethiopia, and on surgent group.
the southeast by Djibouti. It has a popula- The present government provides for the
tion of approximately 3.75 million. There separation of powers. The legislature, the
are nine major ethnic groups, including the National Assembly, holds the highest legal
Tigrinya and Tigre, who make up four-fifths power until the establishment of a democ-
of the total population. They speak different ratic, constitutional government. The min-
Semitic or Arabic languages. English is isters of the cabinet and the president hold
widely spoken as well, especially in acade- the executive power that is accountable to
mic settings. About 50 percent of the pop- the National Assembly. The judiciary is in-
ulation is Christian, mostly Orthodox, while dependent.
48 percent is Muslim, and the remainder Eritrea is a member of the Organization
hold indigenous beliefs. of African Unity (OAU), and maintains a
close relationship with the United States,
Italy, and other European nations, which
BACKGROUND
have become important aid donors. It has
An Italian colony since 1885, Eritrea be- also close relations with Ethiopia, its largest
came a federate state joined with Ethiopia trading partner, and with Uganda.

194
Eritrea 195

Eritrea’s economy is slowly recovering ing Ethiopian nationals, and for conducting
from the devastating effects of the inde- improper searches and for detaining diplo-
pendence war, which left the country in ex- mats after the air strike. Police officers often
treme poverty. The development process harass or mistreat people, especially
aims to replace a centrally planned econo- Ethiopians.
my with a free market and privatization. Pretrial detention often exceeds the time
Agriculture remains the main source of em- accorded by the penal code. There are re-
ployment; nevertheless, it accounts for only ports that four Jehovah’s Witnesses have
a small percentage of the gross domestic been detained without charge for more than
product (GDP). Instead, trade, services and four years. In addition, several suspected
manufacturing provide the greatest portion collaborators of the previous regime and
of the GDP. Eritrea has obtained interna- other terrorist organizations, or supporters
tional economic assistance for several de- of the Ethiopian conflict, are being held in
velopment projects. detention without formal charge. Prison
In May 1998, a war broke out with conditions are harsh, and the government
Ethiopia that continued into the middle of does not allow prisoners to have visitors or
2000. Although, as of this writing, the fight- to correspond with their family or friends.
ing has stopped, tensions between the two The still-developing judiciary is weak and
nations remain high. inefficient due to untrained personnel, in-
adequate funding, and poor infrastruc-
tures. In rural areas, citizens rely on
HUMAN RIGHTS
traditional village courts for civil matters.
Although the constitution, as ratified by a There were press reports that in 1997, spe-
constituent assembly, provides for human cial military courts had tried 2,431 civil-
rights and freedoms, Eritreans are still de- ians with no defense lawyers and no right
nied a few basic rights. Citizens are not able to appeal. Although fewer in number, many
to change their government in a multiparty criminal cases also were handled by mili-
election, because the transition to democ- tary courts during 1998.
racy has not been yet fulfilled. The PFDJ The government restricts the freedom of
currently dominates the government and speech and freedom of the press of its citi-
proposes that public education and insti- zens. It controls all the media and has the
tutional structures have to be implement- power to ban foreign publications. The
ed before multiparty elections can be held. media practices self-censorship. As of the
Civilians have been killed or injured as a end of 1998 there were eleven independent
result of the conflict with Ethiopia. No ex- newspapers and magazines. However, the
trajudicial killings were officially reported; government does not allow private owner-
however, the Ethiopian media allege that ship of any broadcast media. The Ministry
several Ethiopians living in Eritrea were of Information requires that all newspapers
killed or have disappeared. obtain a license and that reporters register
In June 1998, an air strike on the air- under its authority. The Ministry of Inter-
port of Asmara made by the Ethiopian mil- nal Affairs has the power to arrest or de-
itary forces killed one civilian. Eritrean tain people for expressing inappropriate
soldiers were reportedly responsible for rap- views in public. There are reports of people
ing Ethiopian women or physically abus- arrested for criticizing the government. Ac-
196 The Human Rights Encyclopedia

Ethiopian prisoners of war, casualties of Eritrea’s war of independence, August 1993.

cess to the Internet through government The government generally enforces the
telecommunication systems is limited. law prohibiting discrimination based on
Academic freedom is restricted as well. sex, race, religion, disability, or social sta-
The government controls the administra- tus. However, a few problems persist. De-
tion and the research activities of the Uni- spite the government’s effort to improve
versity of Asmara. women’s status, Eritrea remains an essen-
The government limits the right of peace- tially patriarchal society. In practice,
ful assembly and the freedom of association women have less access to education, em-
of ethnically or religiously based parties. ployment, and career opportunities than do
Unions are encouraged; the National Con- men. Although strongly discouraged by the
federation of Eritrean Workers is indepen- government, the practice of female genital
dent from the government and receives mutilation is widespread and estimated at
assistance from the International Labor Or- 95 percent.
ganization in resolving complaints of dis- Children’s welfare is under the respon-
crimination. The law does not prohibit forced sibility of the Children’s Affairs Division,
labor; however, it is not known to occur. which is committed to providing childcare,
Eritrea 197

counseling, and probation. However, about nal Affairs handle cases of human rights
50 percent of the children in the country abuses. In 1998, the International Commit-
are unable to attend school because of a tee of the Red Cross was allowed to open an
lack of the funding needed to increase the office in the country. It is granted limited vis-
number of schools and to train teachers. its to detainees and prisoners of war.
Discrimination based on religion is a The years 1998 to 2000 have been dom-
problem. The government itself restricts inated by a bloody border war with
freedom of religion in order to safeguard the Ethiopia. Both sides in this conflict have
delicate balance between Muslims and been accused of numerous human rights
Christians. Foreign religious groups and violations. Compared to many combatants
non-governmental organizations are denied in African wars, Eritrea has treated its
the right to proselytize. Members of the Ethiopian prisoners tolerably well, but
small community of Jehovah’s Witnesses many of them have suffered from needless
continue to be persecuted in the form of eco- crowding, shortages of food, and abusive
nomic, employment, and travel restrictions. treatment. Eritrea has never signed the
The government generally cooperates Geneva Conventions on the conduct of war.
with the United Nations High Commission-
Barbara and Michela Zonta
er for Refugees in providing assistance to
refugees and asylum seekers. However, Bibliography
progress is slow in the repatriation of more
Amnesty International. Amnesty International
than 150,000 Eritreans in Sudan who wish
Report 2000. New York: Amnesty Interna-
to return.
tional Publications, 2000.
There are no domestic or international
U.S. Department of State. Background Notes:
human rights organizations operating in the Eritrea. Washington, DC: Office of East
country. The government restricts the activ- African Affairs, 1998.
ities of non-government organizations that ———. Eritrea Country Report on Human Rights
support health and education. The Ministry Practices for 1998. Washington, DC: Bureau
of Foreign Affairs and the Ministry of Inter- of Democracy, Human Rights, and Labor,
Estonia
recognized Estonia as an independent
state. In August 1994, the remaining armed
forces of the Russian Federation withdrew
from Estonia.
In 1992, a new constitution approved by
popular referendum established a parlia-
mentary democracy with a president as the
head of state and a prime minister as the
head of government. The unicameral legis-
lature is the highest organ of state author-
ity for approving legislation. The judiciary
is independent. A new penal code will be im-
plemented in the year 2000 to fully comply
with Western European standards. Domes-
tic and international observers considered
the Estonian elections to be free and fair.
After decades of integration into the So-
viet centrally planned structure, Estonia’s
economy is growing steadily, moving toward
complete privatization and a free market in
The Republic of Estonia is situated in north- line with the West. Economic cooperation
ern Europe. It is bounded on the east by with the United States has increased its
Russia, on the south by Latvia, and on the trade with Western markets, which now
north and west by the Baltic Sea. Its popu- comprise two-thirds of Estonian export tar-
lation of approximately 1.5 million includes gets. Financial business and tourism have
Estonians (64 percent), Russians (29 per- replaced the once prominent food produc-
cent), Ukrainians (3 percent), and Belarus- tion and light industry in importance. Per
sians (1.5 percent). Estonian is the official capita gross domestic product is estimat-
language, although Russian is widely spo- ed at $3,140. The unemployment rate is
ken as well. The majority of the population relatively low (about 8 percent), although it
is Lutheran, with the remainder Russian is reportedly higher in rural areas.
Orthodox and Baptist. Estonia has been a member of the Unit-
ed Nations (UN) since 1991. It is also a sig-
natory to a number of UN organizations.
BACKGROUND
Other memberships include the Organiza-
After fifty years of Soviet occupation, Esto- tion on Security and Cooperation in Eu-
nia declared full independence following a rope, Partnership for Peace, the North
plebiscite in 1991. In September 1991, the Atlantic Coordinating Council, and the
Soviet government and Western nations Council of Europe. Estonia also seeks fur-

198
Estonia 199

Election in northern Estonia.

ther integration with North Atlantic Treaty sonnel create serious problems. Police and
Organization (NATO), the European Union correction personnel have committed a
(EU), and other Western organizations. number of human rights abuses. There
were reports that police beat and mistreat-
ed prisoners to extract confessions. Prison
HUMAN RIGHTS
conditions are also poor. Despite improve-
Estonians enjoy extensive human rights ments designed to meet international stan-
and freedoms. The government generally dards, prisons remain overcrowded, and
enforces these rights. In 1997, the Council lack sanitation and proper infrastructure.
of Europe ended its mission of human The government respects freedom of
rights monitoring in Estonia. In May 1998, speech and freedom of the press. However,
President Lennart Meri announced his the law does not provide for freedom of in-
plans to form an international commission formation. Journalists and parliamentari-
to conduct research on human rights abus- ans rejected the first government law
es and crimes perpetrated in Estonia dur- proposed in this area because it too vague-
ing the Soviet occupation. ly defined official information, and because
Problems persist in a number of areas. it granted officials the right to withhold of-
The process of transforming the Soviet-style ficial information.
militia into a police force is still under way, Although the constitution prohibits dis-
and the lack of resources and trained per- crimination based on sex, in practice,
200 The Human Rights Encyclopedia

women still do not benefit from equal treat- complaints have also been filed with regard
ment. Women’s average pay for equal work to delays in obtaining travel documents for
is lower than men. Some professions con- non-citizens.
tinue to be male dominated. Violence Estonia operates in conformity with the
against women, including domestic abuse, 1951 United Nations Convention Relating
is a serious problem, especially in rural to the Status of Refugees and its 1967 Pro-
areas. tocol, and assists refugee or asylum seek-
The government has shown a real com- ers. Human rights organizations are
mitment to the welfare of children, partic- allowed to freely investigate and publish
ularly in public education, which is their findings. In addition, the government
compulsory until age sixteen. However, established the Human Rights Institute,
there are also reports of child sexual abuse whose functions range from investigating
and prostitution. Additionally, the law does human rights violations to providing infor-
not explicitly prohibit forced and bonded mation to the international community.
labor by children. There have been reports
Barbara and Michela Zonta
of families forcing their children to beg or
peddle. Bibliography
People with disabilities do not benefit
from a public access law, and are not fully Amnesty International. Amnesty International
Report 2000. New York: Amnesty Interna-
accepted in society. There have been alle-
tional Publications, 2000.
gations of discrimination, predominantly
U.S. Department of State. Background Notes:
against ethnic Russians, in employment,
Estonia. Washington, DC: Bureau of Euro-
salaries, and housing, because of Estonian pean and Canadian Affairs, 1997.
language requirements. There are also com- ———. Estonia Country Report on Human Rights
plaints about the slow processing of ap- Practices for 1998. Washington, DC: Bureau
proximately 19,000 residence applications of Democracy, Human Rights, and Labor,
made by Russian military pensioners. Some 1999.
Ethiopia
overthrown by the Ethiopian People’s Rev-
olutionary Democratic Front (EPRDF) in
1991. Ethiopia adopted a constitution in
1994 and held its first multiparty elections
in 1995.
Ethiopia’s ongoing border dispute with Er-
itrea has drained Ethiopia’s economic re-
sources. Each side in the dispute accuses
the other side of committing human rights
violations. Heavy fighting between Ethiopia
and Eritrea broke out in February 1999,
breaking a three-month lull. More than
300,000 Ethiopian soldiers were deployed to
the contested areas. As of late 2000, a cease-
fire exists between Ethiopia and Eritrea.

HUMAN RIGHTS
Ethiopia’s human rights record is general-
ly poor, although it has shown initiative in
The Federal Democratic Republic of some areas. There have been a number of
Ethiopia is located in eastern Africa, bor- extrajudicial killings. In November 1999,
dering Somalia, Kenya, Sudan, Djibouti, security forces opened fire into a crowd of
and Eritrea. The population is approxi- protesters. Ten people were killed. The gov-
mately 60 million and is divided between a ernment’s actions in the border war with
dozen major ethnic groups. The largest eth- Eritrea have resulted in the deaths of civil-
nic groups are the Oromo (40 percent) and ian bystanders. Ethiopian military forces
the Amhara (32 percent). Its capital is Addis have bombed and shelled Eritrean villages,
Ababa. It was unique among African coun- resulting in the deaths of a number of peo-
tries in that, aside from an Italian occupa- ple. The government has also provided fi-
tion lasting from 1936–1941, the ancient nancial support to Eritrean opposition
Ethiopian monarchy maintained its free- groups, whose land mines have claimed
dom from European colonial rule. In 1974, civilians within the borders of Eritrea. Sim-
a military junta known as the Derg deposed ilarly, Eritrea has given support to opposi-
Emperor Haile Selassie, who had ruled tion groups operating within Ethiopian
since 1930, and established a socialist borders. These groups have laid land mines
state. The regime was beset by coups, re- and conducted numerous hit-and-run at-
bellions, a widespread draught, and mas- tacks. Soldiers and combatants have been
sive amounts of refugees, and was finally killed as a result of these activities.

201
202 The Human Rights Encyclopedia

In 1997, the federal High Court in Addis Ethiopia’s legal system is weak, over-
Ababa initiated legal proceedings against taxed, and suffers from a lack of trained
5,198 people accused of genocide under the personnel and financial resources. The new
previous regime. Of the 5,198 charged, constitution introduced a new court struc-
2,246 are currently in detention, and the ture in which the federal High Court and
rest have been charged in absentia. In No- Supreme Court hear cases involving feder-
vember 1999, the High Court handed down al law, regional issues, and national secu-
the first death sentence for one of the ac- rity. The regional courts function as circuit
cused, a former district governor and army courts, with their own structure reaching
lieutenant convicted of executing five op- down to the local level. According to the
ponents of the Derg regime. constitution, detainees have the right to a
The new constitution prohibits the use speedy trial, but because of the judiciary’s
of torture and abuse; however, there were strained resources, many are detained for
credible reports that security forces en- long periods of time before their trials; there
gaged in such practices. Prison conditions have been instances of closed proceedings;
are poor and overcrowded. Procuring food and some detainees were allowed little or
is difficult, and many inmates rely on fam- no contact with their legal counsel.
ily members or their own funds to purchase Although the law requires authorities to
food. Visitors are permitted. Women and obtain search warrants, in practice they are
men are housed separately, and rape does seldom obtained outside of Addis Ababa.
not appear to be a problem. The govern- The government continues to violate the
ment allows the International Committee freedoms of speech and the press. The gov-
of the Red Cross (ICRC) and other organi- ernment has prosecuted journalists and
zations to monitor prison conditions, al- editors for the content of their articles, and
though one ICRC delegation was denied some journalists practice self-censorship.
access to the Central Investigation Division The private press in Ethiopia is very active,
prison facility in the capital, which holds and, at times, very critical of the govern-
an estimated 200 people. ment. Ethiopia has a Press Law, which pro-
Under Ethiopia’s Criminal Code, all de- hibits the publication of false information.
tained persons must be charged, informed There were eight journalists in prison at the
of the charges, and in most cases offered end of 1999. In April, Samson Seyoum, the
release on bail within forty-eight hours of former editor-in-chief of the now-defunct
arrest. Those persons suspected of com- weekly newspapers, Agere and Tequami,
mitting a serious offense may be held for was sentenced to four and a half years in
fifteen days while the police investigate, and prison for incitement to war and attempting
this period can be extended in fifteen-day to spread Islamic fundamentalism. He has
increments should the investigation de- been detained without trial since 1995. In
mand it. The government often detains per- August 1999, he was released pending ap-
sons without a warrant and does not peal of his trial.
charge them within the required forty-eight- Despite the government’s attempts to dis-
hour period. Thousands of people remain courage anti-government material, private
in prison without having been charged, and publications continue to publish false in-
most of these have been accused of terror- formation and unsubstantiated rumors
ist activities. about the government. Foreign journalists
Ethiopia 203

operate freely within Ethiopia and are usu- government restricts this right in practice.
ally granted greater access to government Citizens of Eritrean origin have been sub-
officials than are local journalists. ject to deportation since the start of the war
Large public meetings and demonstra- with Eritrea. By the end of 1999, approxi-
tions must be registered with the govern- mately 67,000 people had been forced to
ment. Although no groups have been leave Ethiopia for Eritrea. The law requires
denied the necessary permits, there have all citizens to obtain an exit visa before leav-
been long delays in granting permission. ing the country. Ethiopians of Eritrean ori-
The Coalition of Ethiopian Opposition Po- gin have been allowed to leave, but often
litical Organizations held a rally in Janu- have been barred from returning.
ary 1999 to announce and publicize their Ethiopia was hosting 261,661 refugees at
political agenda, but they were not granted the end of 1999, most from either Somalia
their permit until the day before their or Sudan. The government cooperates with
scheduled event, which, they claim, great- the United Nations High Commissioner on
ly reduced the number in attendance. In Refugees in settling these refugees into
November 1999, student demonstrations camps. The government treats asylum seek-
in support of two teachers who had been ers according to international law.
arrested for criticizing textbooks were dis- Marital rape and wife beating are perva-
persed violently when police fired into the sive social problems. Women do have re-
crowd, killing ten and injuring hundreds. course to the police and the courts, but
As many as a thousand demonstrators societal norms prevent many women from
were arrested. In November, students of the seeking legal redress. Many women are not
Nuer ethnic group held a demonstration de- aware of their legal rights in such situations.
manding the use of Nuer language in Domestic abuse alone is not sufficient legal
schools. One month later, twenty-six of the reason for a woman to seek divorce. Women
alleged instigators of the event were ar- are discriminated against in matters of di-
rested and charged with inciting the Nuer vorce and property. In cases of divorce, ir-
students to demonstrate. respective of the number of children, women
Local authorities infringe on the right to are entitled to only three months of financial
freedom of religion. The government re- support. Many women are abandoned along
quires that all religious groups be regis- with their families. Although outlawed,
tered. There were some instances of strife women and girls are abducted and forced
among religious groups, most notably be- into marriage in some regions of Ethiopia.
tween Orthodox Christians, evangelicals, In 1997, the government introduced an
and Pentecostals. While some Pentecostals initiative, called the National Program of
had complained in years past of inadequate Action, to enhance the opportunities of
police protection, there were no such com- women in the workplace, improve access to
plaints in 1999. The constitution stipulates health care, and educate women about the
the separation of church and state, and the dangers of some traditional practices, such
government has interpreted this to mean as early marriage. The Penal Code has been
that there can be no religious teaching of updated to include stronger penalties for
any kind in any school, public or private. rape, domestic violence, and child abuse.
The constitution provides for freedom of But despite these efforts on the part of the
movement of Ethiopia’s citizens, but the government, traditional values still hold
204 The Human Rights Encyclopedia

sway over the popular view of marriage and Ethiopia has maintained an open attitude
women’s role in society. about human rights and has shown its will-
The government has encouraged non-gov- ingness to work with and allow internation-
ernmental organizations (NGOs) to lend their al and domestic human rights organizations
support to improve conditions for children. to operate freely. The ICRC has been able to
Officials have provided free transportation gain access to most police facilities and has
to NGO outreach events. The government is also been allowed to escort deported ethnic
limited in its ability to adequately provide for Eritreans across the frontier into Eritrea.
children’s health, social, and legal needs. The government encourages human rights
Nationwide, only 52 percent of male children groups and other NGOs to observe the war
and 31 percent of female children attend pri- crimes tribunal that in 1984 began to pun-
mary school. Societal abuse of young girls ish war criminals from the Derg regime.
continues to be a problem. An estimated 72
Eric Busch
percent of Ethiopian women have undergone
Bibliography
female genital mutilation, a practice widely
condemned by international health organi- Amnesty International. Amnesty International
zations. This is a decrease from 1990 levels, Report 2000. New York: Amnesty Interna-
which was estimated at 90 percent of the fe- tional Publications, 2000.
Human Rights Watch. World Report 2000. New
male population. The law does not prohibit
York: Human Rights Watch, 2000.
this ritual, although the government offi-
U.S. Department of State. Ethiopia Country Re-
cially discourages the practice, and has been
port on Human Rights Practices for 1999.
supportive of international agencies work- Washington, DC: Bureau of Democracy,
ing to educate women about its dangers. Human Rights, and Labor, 2000.
Fiji
tion allows different ethnic groups to be
represented in the bicameral Parliament.
Elections occur every five years. The judi-
ciary is independent.
The Fijian economy is mainly based on
sugar refining, tourism, garment manufac-
turing, gold, fishing, lumber, and small in-
dustries. Fiji receives financial assistance
from the United States, the United King-
dom, Japan, and other Western countries.
In general, the Fijian economy provides a
high standard of living.
Fijians enjoy a variety of human rights
and freedoms. Nevertheless, a few problems
persist in some areas. In 1998, there were
a few reports of police abuse of detainees.
However, the authorities convicted the offi-
cers responsible for these violations. The
law allows corporal punishment for crimes,
but it is rarely used.
The Republic of Fiji consists of 844 islands Freedom of speech and freedom of the
and islets in the southwest Pacific Ocean. press is granted by the constitution and the
The capital city is Suva. Its population of ap- government respects it in practice. Howev-
proximately 812,000 is composed of Fijians er, the government restricts open criticism
(49 percent), South Asians, mostly Indians of the constitution or other political issues.
(46 percent), and others (Europeans, Chi- On some occasions, the government has
nese, and Pacific Islanders). The main reli- criticized the media for undermining the
gious denominations are Christian (52 reputation of the authorities. In addition,
percent), Hindu (38 percent), and Islam (8 there were credible reports that some mem-
percent). English is the official language, but bers of the cabinet tried to interfere with
Fijian is widely spoken as well. the autonomy of the press. The media prac-
A British colony since 1874, Fiji became tice self-censorship. In August 1998, the
a sovereign nation within the Common- government asked all foreign diplomats to
wealth in 1970. Fiji is a parliamentary submit their speeches to be reviewed by the
democracy. The executive power is held by authorities.
the president, the prime minister, and the The government does not always grant
cabinet. The president is appointed by the permission for large political rallies.
Great Council of Chiefs, which is composed Although the constitution grants freedom
of ethnic Fijians. Since 1997, the constitu- of religion, there were allegations of police

205
206 The Human Rights Encyclopedia

officers violating Hindu temples. The human rights advocates say that far too lit-
amended constitution forbids discrimina- tle is being done. A recent unsuccessful at-
tion based on political opinion, sex, color, tempted coup by native Fijians was directed
race, or creed. In 1998, reports show that toward limiting the power of ethnic Indians.
about 10 percent of women have been The law forbids forced labor. Neverthe-
abused in some way. There are private shel- less, there are allegations that forced labor
ters for women in the major cities that pro- is still practiced in some plantations in the
vide counseling and assistance to female more remote islands of the Republic.
victims of violence. The government generally cooperates with
The government is committed to chil- the United Nations High Commissioner for
dren’s rights but the resources for protect- Refugees and other humanitarian organi-
ing children are limited. There are reports zations. There are no local organizations
that corporal punishment is still practiced that focus solely on human rights issues.
in schools and private homes. Education is Women’s rights groups, the labor move-
not mandatory. Child labor provisions are ment, and several political groups advocate
not enforced. and promote human rights.
The law does not grant rights to people
Michela Zonta
with disabilities. However, there are small
voluntary organizations providing services
to the disabled. Bibliography
One of the most significant problems re-
Amnesty International. Amnesty International
mains discrimination against ethnic groups,
Report 2000. New York: Amnesty Interna-
particularly against Indo-Fijians. The gov-
tional Publications, 2000.
ernment continues to protect indigenous Fi-
Central Intelligence Agency. The World Factbook
jian interests to the disadvantage of other 1999. Washington, DC: Office of Public Af-
communities. Fijian nationalists have at- fairs, 1999.
tacked ethnic Indians, burning their homes U.S. Department of State. Fiji Country Report
and businesses, and sometimes murdering on Human Rights Practices for 1998. Wash-
them. While the government prosecutes ington, DC: Bureau of Democracy, Human
some of those accused of these crimes, Rights, and Labor, 1999.
Finland
tions are held every four years by universal
suffrage to elect the 200 members of the
unicameral Parliament. The independent
judiciary is organized in a system of local
courts, regional appellate courts, and the
Supreme Court.
Finland joined the United Nations (UN)
in 1955 and the European Union in 1995.
It is also a member of the North Atlantic
Treaty Organization’s (NATO) Partnership
for Peace, as well as an observer in the
North Atlantic Cooperation Council and the
Western European Union. It actively par-
ticipates in the Organization for Security
and Cooperation in Europe.
Finland has an industrialized economy
based on forestry resources, technology,
and capital investment. After a deep reces-
sion in the early 1990s, its entry into the
European Union, as well as its cooperation
The Republic of Finland is located in Scan- with other Scandinavian countries, helped
dinavia. It is bounded on the north by Nor- stabilize the country’s economy.
way; on the east by Russia; on the south
and west by the Baltic Sea; and on the
HUMAN RIGHTS
northwest by Sweden. It has a population
of approximately 5 million. The official lan- Citizens are provided with an efficient social
guages are Finnish and Swedish; Finnish is welfare system, and enjoy all individual and
the most widely spoken. Lutheran and political rights and freedoms. In 1999, there
Eastern Orthodox are the main religious were no large-scale reports of violations of
denominations. basic human rights. However, problems still
Finland achieved independence from persisted in some areas.
Russia in 1917 and was recognized as an Women were still underrepresented in
independent republic in 1919. Its new con- top management jobs and in the ministries
stitution was proclaimed in 1929. The pres- of government, and tended to occupy lower
ident is the head of state and shares paying sectors of the economic life. Since
executive powers with the prime minister, 1985, the government has worked to im-
who holds office as long as he receives the plement plans aimed at promoting women’s
vote of confidence of the Parliament. Elec- equality. Among its programs, the govern-

207
208 The Human Rights Encyclopedia

ment has tried to integrate women’s per- been expressed over episodes of racism and
spectives into its activities at the UN and xenophobic behavior. In particular, dis-
the Council of Europe. crimination against foreigners, and tensions
Violence against women was reported as between the Finnish-speaking majority and
still being a major problem. A study con- the Swedish-speaking minority, still persist.
cluded that 40 percent of women over fif- Finland cooperates with the United Na-
teen years of age were still victims of some tions High Commissioner for Refugees. It
form of domestic abuse. Family violence, also supports humanitarian organizations
often alcohol-related, was also reported and cooperates with human rights groups.
with regard to children and elderly people.
Michela Zonta
The Union of Shelter Homes helped publi-
cize this problem by exposing many previ-
Bibliography
ously underreported cases of family
violence. Amnesty International. Amnesty International
The law grants people with disabilities the Report 2000. New York: Amnesty Interna-
right to access public buildings. However, tional Publications, 2000.
Central Intelligence Agency. The World Factbook
many buildings still remain inaccessible to
2000. Washington, DC: Office of Public Af-
them. The law does not regulate public
fairs, 2000.
transportation accessibility for the disabled.
U.S. Department of State. Finland Country Re-
Despite the government’s efforts to pro- port on Human Rights Practices for 1998.
mote tolerance and combat racism by Washington, DC: Bureau of Democracy,
means of legislative initiatives, concern has Human Rights, and Labor, 1999.
France
General Charles de Gaulle’s provisional gov-
ernment, which was followed by the Fourth
Republic and a new constitution. De Gaulle
became prime minister in 1958, and was
later elected president of the Fifth Repub-
lic. France is a member of the United Na-
tions (UN), as well as a prominent member
of the European Union.
The constitution of the Fifth Republic
was approved by national referendum on
September 28, 1958. The president of the
republic and the prime minister share ex-
ecutive power. The president is elected
every seven years by direct vote. The pres-
ident appoints the prime minister, presides
over the cabinet, commands the armed
forces, and concludes treaties. In national
emergencies, the president can assume full
powers. The National Assembly and the
Senate constitute the legislative bodies.
The French Republic is located in western However, the Senate has limited legislative
Europe. It is bounded on the northeast by powers. In the event of disagreement be-
Belgium and Germany; on the east by Ger- tween the two houses, the National As-
many, Switzerland, and Italy; on the south sembly has the last word. The National
by the Mediterranean Sea; on the south- Assembly is elected every five years by di-
west by Spain and Andorra; and on the rect vote. Senators are chosen for nine-year
west by the Atlantic Ocean. It has a popu- terms, although these terms are staggered
lation of approximately 58 million. French so that one third of the Senate is elected
is the official language. Roman Catholicism every three years.
is the major religious denomination (90 per- The judiciary is efficient and independent.
cent), and Protestants and Muslims repre- The two most distinctive features are the
sent small minorities. Constitutional Council, which considers only
legislative matters, and the Council of State,
which provides recourse to citizens with
BACKGROUND
claims against the public administration.
During World War II, France was under Ger- France has one of the West’s largest in-
man occupation until 1944, when it was lib- dustrialized economies. It has substantial
erated by the Allies. For a short period after agricultural resources, as well as a large
the end of the war, France was governed by industrial base and a skilled labor force. In

209
210 The Human Rights Encyclopedia

January 1999, France joined ten other Eu- reports of the excessive use of force by po-
ropean Union countries in adopting the euro lice officers against immigrants, which, in
as its currency. Currently, its monetary pol- some cases, resulted in death. There were
icy is set by the European Central Bank in also reports of abuses by prison guards
Frankfurt. The government controls large against prisoners. In July 1997, the United
portions of the French economy by owning Nations Human Rights Committee ex-
shares in many corporations in areas such pressed disappointment and concern re-
as banking, energy production and distrib- garding the excessive use of force by the
ution, automobiles, transportation, and police. In addition, the European Commit-
telecommunications. France is one of the tee for the Prevention of Torture criticized
most successful countries in developing the mistreatment and poor conditions of de-
telecommunications, aerospace technology, tainees in police stations. Persons of North
and weapons. It relies heavily on nuclear African and African origins filed most of the
power for its electricity sources. complaints of alleged police abuse. In Jan-
uary 1998, a draft law was introduced to
create the Superior Council on Ethics and
HUMAN RIGHTS
Security to oversee the implementation of
In general, France provides reasonable pro- codes by the local police and federal police.
tection of its citizens’ human rights. There The inadequacy of cells in police stations is
are, however, areas where human rights are well documented. In many cases the cells
abused. lack adequate light, sleeping space, blankets,
Despite extensive constitutional and and meals. Regular prison conditions usual-
statutory safeguards, the French police are ly exceed minimum international standards,
frequently guilty of human rights abuses. although cases of brutality—particularly
As recently as 1998, for instance, there were against African prisoners—are common.

Three hundred would-be immigrants seeking refuge in a Paris church. Police later stormed the church, arresting some of the
refugees.
France 211

The judiciary is able to provide citizens helping minors seeking justice in cases of
with fair and efficient trials. Nevertheless, the mistreatment by parents.
judicial system has often been criticized for In 1991, a new law was issued requiring
not being able to process cases quickly. Some new buildings and public transportation to
suspects spend many years in prison before be accessible to people with disabilities. De-
their trials. According to a recent report by spite this law, however, most buildings and
the International Observer of Prisons, about public means of transportation are not yet
40 percent of the inmates are awaiting trial. accessible to disabled people.
The government grants asylum to those There are some cases of attacks against
who make formal request for such status. ethnic minorities. The reported cases usu-
However, the United Nations Human Rights ally involve skinheads and those affiliated
Committee has expressed its concern about with right-wing political groups. The num-
the long delays in clearing such procedures ber of attacks against minorities has been
in airport waiting areas. Observers do not on the decrease in recent years. On the
usually have access to those areas. other hand, many companies continue to
Women are still underrepresented in pol- deny employment to North Africans. A new
itics. However, in order to increase women’s law passed in 1997 grants citizenship to all
participation in politics, a few parties have children born in France.
established specific quotas in electoral lists. French law grants freedom of association
Rape represents a serious problem. There to all workers. Although they represent less
were 6,540 reported cases of rape or sexu- than 10 percent of all workers, unions have
al assault on women in 1995, and more considerable political and economic influence,
than 15,700 cases of wife beating in 1993. and play a legal role in the administration of
The government provides shelters, assis- social institutions. The freedom to strike is
tance, and hotlines for battered women. In granted to all workers, but can be denied
addition, sixty such private associations op- whenever it threatens public safety. Most
erate in the country. There have also been strikes usually affect state-owned companies.
cases of foreign women forced into prosti- The law prohibits children under the age of
tution after being promised attractive jobs. sixteen from being employed. In addition, mi-
And, in recent years, police discovered a nors under the age of eighteen are forbidden
Paris-based network that was forcing from working at difficult jobs or from working
African women into prostitution. Women are between 10:00 P.M. and 5:00 A.M.
still paid 22.5 percent less than men for
Michela Zonta
equal employment. Recent statistics also
Bibliography
show that 80 percent of persons earning
less than $650 per month are female. Amnesty International. Amnesty International
Despite very strict laws against child Report 2000. New York: Amnesty Interna-
abuse, there were 20,000 cases in 1995, tional Publications, 2000.
Central Intelligence Agency. The World Factbook
5,500 of which involved sexual abuse. The
1999. Washington, DC: Office of Public Af-
government provides counseling, financial
fairs, 1999.
aid, foster homes, and orphanages to
U.S. Department of State. France Country Re-
abused children. Special branches of the port on Human Rights Practices for 1998.
police are assigned to deal with child abuse. Washington, DC: Bureau of Democracy,
There are also many private organizations Human Rights, and Labor, 1999.
Gabon
territories of French Equatorial Africa. In
1960, independence was achieved.
In 1961, Gabon adopted a constitution
that was theoretically democratic with a
presidential form of government, but which
was actually ruled as a one-party state. The
first multiparty elections were not held until
1991. In October 1994, following a period
of civil unrest and violent repression of dis-
senters, the president and his supporting
parties and the opposition parties negotiat-
ed the Paris Accords to ensure the inclusion
of opposition leaders in the government and
greater respect for human rights. However,
the 1997 elections were marked by organi-
zational frauds. In December 1998, Presi-
dent El Hadj Omar Bongo was reelected for
a seven-year term, with his supporting party
occupying two-thirds of the seats in the Na-
tional Assembly. The opposition has called
for the annulment of the election.
The Gabonese Republic is situated in cen- The president is the head of state and re-
tral Africa. It is bounded on the north by tains strong executive powers including the
Cameroon; on the east and south by Congo; authority to dissolve the National Assembly
on the west by the Atlantic Ocean; and on and to declare a state of siege. The president
the northwest by Guinea. Libreville is the can submit proposed laws, and he appoints
capital city. It has a population of approx- the prime minister as the head of govern-
imately one million, of which about 12,000 ment, the members of the cabinet, and the
are French. There are approximately forty judges of the independent judiciary. The leg-
tribal groups of Bantu origin and 3,500 islature is divided into the National Assembly,
Pygmies living in the country; they speak whose 120 deputies are elected by universal
different languages and maintain separate suffrage every five years, and the Senate,
cultures. French is the official language. whose members are indirectly elected.
Gabon’s economy is based primarily on
the export of its abundant natural re-
BACKGROUND
sources, including petroleum, manganese,
An important center for slave trade since uranium, phosphates, and wood. The oil
the sixteenth century, in 1910 Gabon be- sector accounts for 50 percent of the GDP.
came a French colony and one of the four However, the income from these exported

212
Gabon 213

products is unevenly distributed, and a and they often criticize the government. In-
large proportion of the population remains ternational broadcasters are free to air their
poor. Poor financial management and cor- programs. However, in 1998, a few jour-
ruption have damaged the economy, with re- nalists were arrested and sentenced to
sulting domestic and external debt. Although prison from one to eight months under the
Gabon is moving toward privatization, the charge of defamation. One opposition news-
formal sector is mostly state-owned. Legal paper was closed and another was sus-
and illegal immigrants from West Africa pended. Local organizations and the
dominate the informal sector. political opposition claimed that the incar-
ceration of the journalists and other events
were the result of the government’s effort
HUMAN RIGHTS
to control the media prior to the December
The constitution of Gabon provides human 1998 presidential election.
rights and freedoms to the Gabonese, and In practice, citizens are not free to change
the government generally respects those their government, because legislative and
provisions. However, human rights abuses presidential elections have been marred by
continue to be practiced in some areas. irregularities in the past ten years. Despite
Security forces reportedly beat prisoners the establishment of an independent Na-
or detainees in custody as a means of pun- tional Electoral Commission in 1995 (whose
ishment or to obtain confessions. Prison con- electoral functions were recently trans-
ditions are harsh and, in some cases, life ferred to the Interior Ministry), inaccurate
threatening. Prisons are overcrowded, and electoral lists, alterations of documents,
lack proper sanitation facilities and medical and fraudulent vote counts continued to
care. Prisoners are not adequately fed. take place, during the 1997 legislative elec-
Pretrial detentions are lengthy and the po- tions and the 1998 presidential elections.
lice do not respect the constitutional provi- The government does not enforce con-
sion requiring a detainee to be charged before stitutional provisions against discrimina-
a judge within forty-eight hours from the time tion based on sex. Although women have
of the arrest. In principle, the judiciary is in- equal access to education and employ-
dependent; however, it remains under the ment, and participate in politics, they are
pressure of the executive, particularly in state still victims of societal abuses, especially
security trials. In the past, there were reports in domestic affairs and property matters.
that judges willingly provided search war- They are limited in their right to medical
rants to be used by the government against or legal assistance. Domestic violence
opposition leaders and their families. against women is common in rural areas
The government interferes with citizens’ and remains unpunished. By law, women
privacy by monitoring their movements, need their husband’s permission to travel
their telephone conversations, and their abroad. In addition, the law does not ex-
personal mail. Freedom of speech and press plicitly provide against abuses such as fe-
are generally respected. The government male genital mutilation.
controls the only daily newspaper and the The government does not protect chil-
national electronic media. Other periodi- dren’s welfare. UNICEF has expressed great
cals and weekly magazines represent inde- concern over the exploitation of expatriate
pendent views and other political parties, children in the labor market. In general, the
214 The Human Rights Encyclopedia

government does not enforce constitutional or asylum seekers. However, human rights
provisions regarding the labor code in sec- groups are restricted in their activities.
tors where the labor force is not Gabonese. Human rights monitors are not allowed to
The law does not prohibit discrimination visit prisons. In October 1998, the immi-
against people with disabilities. gration police arrested three non-govern-
Ethnic favoritism in employment and ca- mental organization workers who came from
reer is widespread. The Pygmies are not rep- Togo to monitor the pre-election process.
resented in government; they live in isolation
Michela Zonta
and do not benefit from governmental pro-
grams or assistance. Members of the secu-
rity officers reportedly harassed African Bibliography
immigrants legally working in the country
Central Intelligence Agency. The World Factbook
by extorting bribes or demanding services
1999. Washington, DC: Office of Public Af-
with the threat of confiscating their residence fairs, 1999.
documents. U.S. Department of State. Gabon Country Re-
The government generally cooperates with port on Human Rights Practices for 1999.
the United Nations High Commissioner for Washington, DC: Bureau of Democracy,
Refugees in providing assistance to refugees Human Rights, and Labor, 2000.
Gambia

BACKGROUND
A former British colony, Gambia achieved
independence in 1965, becoming a consti-
tutional monarchy within the British Com-
monwealth. In 1970, Gambia became a
republic following a national referendum.
However, a military coup organized by the
Armed Forces Provisional Ruling Council
(AFPRC) suspended the 1970 constitution
and deposed the government. In Septem-
ber 1996, Yahya A.J.J. Jammeh, former
chairman of the AFPRC, was elected pres-
ident in what were considered fraudulent
elections. He currently rules the country.
In January 1997, a formal constitutional
government was restored with the Second
Republic. The new constitution provides for
a strong presidential power, a unicameral
legislature, and an independent judiciary.
President Jammeh’s party, the Alliance for
Patriotic Reorientation and Construction
The Republic of the Gambia is situated in (APRC), occupies the majority of seats in
West Africa, bordering Senegal and the At- the National Assembly. The president is
lantic Ocean. Banjul is the capital city. also the secretary of state for defense, and
Gambia’s population of 1.3 million includes therefore controls the Gambian National
a variety of ethnic groups, each preserving Army. The security forces exert a strong in-
its own language and traditions. The largest fluence over the government.
tribe is the Mandinka (42 percent), followed The Gambian economy employs 75 per-
by the Fula, Wolof, Jola, and Serahuli. Eu- cent of the labor force in subsistence agri-
ropeans and people of Lebanese descent culture. Agriculture accounts for 23 percent
comprise 1 percent of the population. Ap- of gross domestic product (GDP). Tourism,
proximately 90 percent of the population is trading, and fisheries comprise the grow-
Muslim, while most of the remainder are ing private sector. Per capita GDP is esti-
Christian of different denominations. Eng- mated at $360. Gambia is a member of the
lish is the official language. Economic Community of West African

215
216 The Human Rights Encyclopedia

States (ECOWAS). It maintains close rela- press is severely restricted. The government
tions with the United States, the United uses police pressure, regulatory scrutiny,
Kingdom, Senegal, and other African coun- and decrees that limit the rights of the
tries, although its representation in inter- media. Independent radio stations and
national organizations is limited. newspapers are subject to governmental in-
terference, which at times results in intim-
idation, arrest, and detention of journalists
HUMAN RIGHTS
and editors. Although the independent
In the human rights area, it should first be press practices self-censorship, criticism of
noted that citizens do not have an effective the government still appears quite often.
right to change their government. President Foreign newspapers and radio news reports
Jammeh continues to impose restrictions from foreign countries are accessible. State
on opposition politicians by enforcing bans radio and television broadcasting stations
on political activity and public meetings. serve as state propaganda tools, and give
The government has not yet formally re- little coverage to opposition views.
voked military decrees enacted prior to the The government violates constitutional
constitution, and they remain in effect un- provisions regarding freedom of peaceful
less inconsistent with constitutional provi- assembly and association. The authori-
sions. However, these decrees have not ties deny permits to the principal opposi-
been subject to judicial review. Security tion party to organize public meetings.
forces are reportedly responsible for mis- Former governmental figures are banned
treating and beating detainees or prison- from becoming involved in political activ-
ers. They occasionally arrest or detain ity. In addition, police officers, military
citizens without formal charges. personnel, and other civil service em-
Prison conditions are poor. They are over- ployees are prohibited from forming
crowded and lack medical facilities. There unions and striking.
have been reports of political, military, and Traditional customs contribute to dis-
security detainees being malnourished and crimination against women in education and
physically abused. Authorities do not al- employment. Domestic violence and abuse of
ways enforce the constitutional provision women, although only occasionally report-
for detainees being brought before a court ed, is believed to be widespread. Female gen-
within seventy-two hours of their arrest. Al- ital mutilation is practiced extensively, and
though nominally independent, the judi- the government has not passed legislation
ciary partially remains under the influence against it. Lack of resources and infrastruc-
of the executive branch, especially at the ture limit education and health services for
lower levels. Traditional courts based on children. Child labor is common. There are
customary law deals with civil and minor no regulations mandating accessibility for
matters. people with disabilities.
Authorities occasionally infringe on the Freedom of movement is occasionally re-
privacy rights of citizens by monitoring their stricted. Authorities reportedly denied pass-
activities, authorizing searches without war- ports to opposition politicians and to people
rants, and confiscating property without under investigation for security matters.
due process. Freedom of speech and the Former President Dawda Jawara is cur-
Gambia 217

rently in exile, under threat of arrest and Bibliography


detention if he returns.
Amnesty International. Amnesty International
The government generally cooperates
Report 2000. New York: Amnesty Interna-
with the United Nations High Commission- tional Publications, 2000.
er for Refugees and other non-governmen- Central Intelligence Agency. The World Factbook
tal organizations (NGOs) in processing 1999. Washington, DC: Office of Public Af-
claims and assisting refugees or asylum fairs, 1999.
seekers. Several human rights NGOs oper- ———. The World Factbook 2000. Washington,
ate in the country, although they are re- DC: Office of Public Affairs, 2000.
quired to register with the National Advisory U.S. Department of State. Gambia Country Re-
Council. port on Human Rights Practices for 1998.
Washington, DC: Bureau of Democracy,
Michela Zonta Human Rights, and Labor, 1999.
Georgia
BACKGROUND

A former member of the Soviet Union, Geor-


gia achieved independence on April 9,
1991. However, the newly formed republic
immediately had to deal with separatist
forces within its own territory—in Abkhazia
and Ossetia—and did not achieve a mod-
erate degree of political stability until 1995.
The political situation in Georgia continues
to be fragile. The nationalist desires of eth-
nic minorities have the potential to tear the
country apart. Negotiations have achieved
some measure of success in Ossetia. Con-
flicts continue in Abkhazia. The Georgian
government is addressing most of its efforts
and economic reforms toward the goal of
reviving the old Silk Road, an ancient eco-
nomic bridge between Asia and Europe.
In 1992 Georgia was admitted into the
The Republic of Georgia is located in the United Nations. The constitution was ap-
Caucasus area of southeastern Europe. It proved on October 17, 1995. Although the
is bounded on the north by Russia, on the Republic of Georgia is a democratic state,
east by Azerbaijan, on the south by Arme- its powers are highly centralized, with the
nia, and on the west by the Black Sea. Tbil- exception of the autonomous regions of
isi is the capital city. Georgia’s population Abkhazia and Ajaria. The president of the
of approximately 5 million includes six republic is elected for a five-year term. The
major ethnic groups: Georgians (70.1 per- legislative power is held by a unicameral
cent), Armenians (8.1 percent), Russians Parliament composed of 235 members who
(6.3 percent), Azerbaijans (5.7 percent), Os- are elected for five-year terms.
setians (3 percent), Abkhazs (about 1.8 per- Georgia’s economic development has
cent), and others (5 percent). Georgian is been stalled by the internal conflicts in
the official language, while Abkhaz is spo- Abkhazia and Ossetia, the Russian and
ken in Abkhazia. More than half of the pop- Asian economic crisis, and internal politi-
ulation is Christian Orthodox (about 65 cal resistance against a Western model of
percent). The remainder are Muslim (about developed society. However, under Presi-
11 percent), Russian Orthodox (about 10 dent Eduard Shevardnadze, the govern-
percent), and Armenian Apostolic (about 8 ment has made progress in the area of
percent).

218
Georgia 219

economic recovery. Most of these econom- causes of death. Authorities have not
ic achievements have been possible be- shown great interest in investigating, pros-
cause of new laws on commercial banking, ecuting, or punishing allegations of brutal-
land, and tax reform. In addition, many ity by members of the security forces.
small, medium, and large enterprises have Additionally, there are numerous reports
been privatized. Nevertheless, improve- of political killings attributed to both sides
ments in transportation and communica- of the Abkhazia conflict. Approximately
tion infrastructures are greatly needed. 1,000 Georgians and several hundred Abk-
haz have disappeared as a direct conse-
quence of the conflict. Both sides
HUMAN RIGHTS
occasionally take hostages for exchange.
Although the constitution grants all basic Security forces use torture and other forms
human rights, and the government makes of abuse during interrogations. Moreover,
efforts to enforce these provisions, prob- correction facilities are overcrowded, and
lems still persist. There are, for example, lack adequate food, sanitation, and med-
reports of prisoners dying while in govern- ical care. Diseases, especially tuberculosis,
ment custody. Physical abuse, inhuman are frequent among prisoners, occasional-
conditions, and torture are among the ly resulting in the death of prisoners. Pre-

The sister of an Abkhazian soldier grieving at his funeral. The Abkhazians wish to separate their
land from Georgia.
220 The Human Rights Encyclopedia

trial detention is also a problem. Many pris- ported. The government does not support any
oners are held for extended periods of time facility for women in distress, and few private
without being granted a trial. institutions exist to provide battered women
Although the constitution provides for the with shelter. However, the non-governmental
independence of the judiciary, in practice organization Women for Democracy has pro-
the executive branch often influences the moted women’s rights in Georgia. As a con-
courts. Human rights observers have re- sequence, women have more access to jobs,
ported many cases of judicial incompetence although they remain underpaid compared
and widespread corruption, which result in to males.
unfair trials. Human rights monitors have The state provides very limited services
reported that there are political prisoners in for children, including education and
Georgia, but their number is uncertain. health care. The Law on Labor provides
Authorities infringe on citizens’ right to special discounts and social policies for the
privacy by monitoring telephone conversa- disabled, especially veterans. Overall, the
tions. Police often conduct searches without government does not supply services for the
a warrant or stop cars without probable disabled because of a lack of funding.
cause. Freedom of speech and freedom of Several non-governmental human rights
the press are restricted. Security and law organizations operate in the country, gen-
enforcement officers reportedly intimidate erally without restrictions. However, access
journalists in public and in private settings. to prisons by human rights monitors is re-
Government officials often refuse to answer stricted. Since 1997, the United Nation
press inquiries and deny access to infor- High Commissioner for Refugees and the
mation. Moreover, there is no legal protec- Organization for Security and Cooperation
tion for journalists, who can be charged in Europe have established offices in the
with offending the dignity of the authori- territory of the Republic of Georgia to in-
ties. Despite these restrictions, there are vestigate security incidents and human
more than 200 independent newspapers, rights abuses.
and one important television network, TNG,
Michela Zonta
which have broken the state’s monopoly on
Bibliography
the media. Reports of harassment by the
authorities against independent newspa- Amnesty International. Amnesty International
pers and television are frequent. Report 2000. New York: Amnesty Interna-
Government authorities do not respect tional Publications, 2000.
Central Intelligence Agency. The World Factbook
the citizens’ right of peaceful assembly.
1999. Washington, DC: Office of Public Af-
Women remain underrepresented in Par-
fairs, 1999.
liament. Of the 223 members elected during
———. The World Factbook 2000. Washington,
the elections of 1995, only sixteen were DC: Office of Public Affairs, 2000.
women, and only two women hold a ministe- U.S. Department of State. Georgia Country Re-
rial position. Women are also subject to port on Human Rights Practices for 1998.
spousal abuse, which frequently is not re- Washington, DC: Bureau of Democracy,
Germany
BACKGROUND

In 1871, the German Empire was created


under the leadership of Otto von Bismar-
ck, its first chancellor. The Empire col-
lapsed at the end of World War I. From
1919 until 1933, there was an attempt to
establish a peaceful, liberal, democratic
regime, the Weimar Republic. However, eco-
nomic problems and the weakness of the
Weimar government led to the rise of the
National Socialist (Nazi) Party under Adolf
Hitler. The Nazi Regime fell at the end of
World War II, after having committed many
crimes against humanity, most notably the
slaughter of 6 million Jews. In addition, 6
million non-Jewish civilians were killed by
the Nazis.
In 1945, the United States, France, the
United Kingdom, and the Soviet Union oc-
The Federal Republic of Germany is located cupied Germany and assumed responsibil-
in central Europe. It is bounded on the north ity for its administration. The United States
by the North Sea, the Baltic Sea and Den- and the Soviet Union were unable to agree
mark; on the east by Poland and the Czech on the kind of government a new Germany
Republic; on the south by Austria and should have, so they divided Germany into
Switzerland; and on the west by France, East and West, and each created their own
Luxembourg, Belgium, and the Netherlands. German government in their sectors. In
Germany is a constitutional parliamentary 1949, Germany was split into two separate
democracy with a bicameral federal Parlia- countries: the Federal Republic of Germany
ment and an independent judiciary. Berlin is (West Germany) and the German Democra-
the capital. Primarily native German speak- tic Republic (East Germany). In 1990, as
ers comprise its homogeneous population of the Soviet Union was disintegrating, the two
more than 82 million inhabitants. Other eth- German countries reunified under the name
nic minorities include Danish and Slavic cit- Federal Republic of Germany.
izens, as well as 7.3 million non-citizens. The The reunification of Germany has caused
major religions are Protestantism and difficulties, both economic and social. East-
Roman Catholicism. Most non-citizens are ern Germany is far poorer than western
Turkish and Kurdish immigrants, who are Germany, and the disparities in wealth
predominantly Muslim.

221
222 The Human Rights Encyclopedia

A band of German neo-Nazis marching in eastern Germany.

have caused resentment. Some of this re- human rights observers are permitted.
sentment has fueled the rise of racist po- The law grants freedom of speech and
litical parties and a neo-Nazi skinhead freedom of the press, although the propa-
youth movement. gation of Nazism and certain other pro-
scribed groups is illegal. In addition, the
law forbids the propagation of certain other
HUMAN RIGHTS
materials, such as child pornography. The
Human rights are generally respected in law provides for freedom of assembly, but
Germany. The law prohibits cruel, inhu- denies this right to neo-Fascists. The law
man, or degrading treatment or punish- also bans organizations whose activities are
ment, and authorities generally respect this found to be illegal or opposed to liberal de-
prohibition. However, episodes of police mocratic order.
abuse still occur, especially when foreign- The constitution provides for religious
ers are involved. Such episodes are usually freedom. However, the Jehovah’s Witness-
racially motivated. According to a July 1999 es have been denied public law corporation
Amnesty International report, there is a status. In addition, the Church of Scien-
“clear pattern of abuse” by the police against tology is under scrutiny by both federal and
foreigners. The state has prosecuted sever- state officials, who claim that it is not a re-
al police officers guilty of abusing persons in ligion but an economic enterprise.
custody. Prison conditions meet minimum Violence against women is a problem.
international standards, and visits by Rapes frequently go unreported. The feder-
Germany 223

al government has supported numerous resistance in Germany toward the accep-


projects throughout the country in order to tance of immigrants and refugees, partic-
assist abused women and their children by ularly those from Africa and the Middle
providing shelter, counseling, medical and East. Racist attacks on immigrants and
legal aid, and police protection. Although refugees have become commonplace, par-
the state is strongly committed to children, ticularly in eastern Germany, where high-
there have been cases of abuse against chil- er unemployment rates have led frustrated
dren, many of which are unreported. young people to take out their resentments
The law mandates special services for on those who look different. Government
people with disabilities, and the govern- authorities have been generally good about
ment enforces these provisions. The se- prosecuting the perpetrators of these racist
verely disabled are entitled to special attacks, but human rights advocates say
benefits, such as tax breaks, free public that more should be done.
transportation, special parking facilities, Beyond asylum seekers, Germany must
and exemption from radio and television also deal with the problem of its millions of
fees. The federal government has set a foreign gastarbeiter (guest workers). These
number of policies for “barrier-free” public are immigrant workers, mostly from
buildings and for modifications of streets Turkey, who have lived in the country for
and pedestrian traffic walks. many years, some for decades. Although
The law provides for the right to strike for they are an important part of the economy,
all employees, except for civil servants (in- it is very difficult for them to become citi-
cluding teachers) and personnel in sensitive zens, a status that is largely restricted to
positions, such as the members of the armed those who can prove German ancestry.
forces. The governmental definition of “es- Some critics have argued that Germany’s
sential services,” however, has been severe- unwillingness to absorb its Turkish work-
ly criticized by the International Labor ers is motivated by racism, and that these
Organization (ILO). The law forbids forced or attitudes help to fuel the more blatant
compulsory labor, as well as child labor, and racist attacks of skinheads and neo-Nazis.
these provisions are generally respected. Re- A variety of human rights groups oper-
cently, the Diehl Armaments Company an- ate without restriction, investigating and
nounced that it would pay compensation to publishing their findings on human rights
Jewish women who were forced to work for cases. German officials are generally very
the company during World War II. There is cooperative.
no provision for a minimal wage. Wages are
Barbara and Michela Zonta
usually set by collective bargaining agree-
ments between unions and employer feder-
Bibliography
ations or by individual contracts. These
negotiations give German workers some of Amnesty International. Amnesty International
the highest average hourly wage rates in the Report 2000. New York: Amnesty Interna-
industrialized world. tional Publications, 2000.
Central Intelligence Agency. The World Factbook
Germany cooperates with the office of the
1999. Washington, DC: Office of Public Af-
United Nations High Commissioner for
fairs, 1999.
Refugees (UNHCR) and other humanitarian
U.S. Department of State. Germany Country Re-
organizations in assisting refugees. Never- port on Human Rights Practices for 1999.
theless, there has been growing unofficial Washington, DC: Bureau of Democracy,
Ghana
A British colony, Ghana achieved indepen-
dence within the Commonwealth in 1957.
In 1960, it became a republic with strong
presidential power. A combination of mili-
tary coups, economic mismanagement, cor-
ruption at all levels of public life, and
ongoing human rights violations character-
ized Ghana’s politics until 1979, when civil-
ian rule was restored. The Third Ghanian
Republic was established, with a new con-
stitution modeled after those of Western
democracies. However, under the presiden-
cy of Dr. Hilla Limann, the new government
failed to stop the economic decline and the
widespread corruption that characterized
post-independence Ghana’s history.
In December 1981, a junior officer, Flight
Lt. Jerry John Rawlings, launched a mili-
tary coup, suspended the constitution, and
dissolved the Parliament. Under Rawlings,
The Republic of Ghana is located in West a Provisional National Defense Council
Africa. It is bounded on the north by Burk- (PNDC) exercised authoritarian rule. Inter-
ina Faso, on the east by Togo, on the south national and domestic forces pushed for a
by the Gulf of Guinea, and on the west by return to democracy, and in 1992 new par-
Côte d’Ivoire. Accra is the capital. Its popu- liamentary and presidential elections took
lation of about 19 million is divided in small place. In 1993, the Fourth Republic was
ethnic groups speaking more than fifty lan- founded with Rawlings as its president. The
guages and dialects. English is the official 1996 elections reconfirmed Rawlings in his
and the commercial language. Among the current position by giving him 57 percent of
most important linguistic groups are the the popular vote. Rawlings’ National De-
Akan, the Guan, the Ga and Ewe-speaking mocratic Party won the majority of the seats
tribes, and the Moshi-Dagomba. About 24 in Parliament. The opposition contested the
percent of the population is Christian, 30 results of the elections, which were con-
percent is Muslim, and the remainder prac- sidered free and fair by international and
tice indigenous beliefs. domestic observers.
The new republican democratic govern-
ment is founded upon the principle of the
BACKGROUND
division of powers. However, the Parliament
Ghana’s history is marred by continuous remains under the strong influence of the
political struggles to establish democracy. president’s party and the judiciary occa-

224
Ghana 225

Boys carrying water to their village, a task that must be done many times a day.

sionally receives pressure from the execu- greatest source of income from foreign ex-
tive. Furthermore, the lack of adequate re- change. Ghana’s industrial activity is rela-
sources undermines the effectiveness of all tively advanced compared to other African
three branches of the government. Internal countries. Even so, Ghana remains heavi-
corruption and pressure from the execu- ly dependent on international financial and
tive compromise the legal system. technical assistance.
The president and the Council of State
hold the executive power. The president is
HUMAN RIGHTS
the head of state, head of government, and
commander-in-chief of the armed forces. Ghana is an active member of the United
The unicameral Parliament has legislative Nations, the Non-Aligned Movement, the
powers and its members are elected for Organization of African Unity (OAU), and
terms of four years by universal adult suf- the Economic Community of West African
frage. The opposition complains that the States (ECOWAS). Despite the government’s
executive imposes impediments on pro- effort to improve human rights practices,
posed legislation by opposition members. violations and abuses are committed in sev-
Ghana’s economy is based primarily on eral areas. The police sometimes abuse
agriculture and the export of gold, cocoa, prisoners and harass citizens; there are
and timber. Tourism constitutes the third also reports of excessive use of force in the
226 The Human Rights Encyclopedia

form of beatings and torture under police capital. Government-owned media never
custody that resulted in extrajudicial criticize government policies. One private
killings. The security forces have used live cable service is accessible to subscribers
ammunition to control riots and during throughout the country.
some demonstrations. There are reports of The government generally respects the
people being killed on these occasions. right to peaceful assembly and freedom of
Sometimes the authorities filed charges association. However, student demonstra-
against the perpetrators, and several in- tions on Accra University campus are
vestigations are still pending. banned. Although the law initially recog-
Police often conduct searches without a nized the right to strike, all strike actions
warrant. Arbitrary arrests and detentions were denied legal status under the provi-
are also widespread, and police checkpoints sions of the Industrial Relations Act.
are used to solicit bribes. Police corruption The government does not enforce consti-
is a serious problem, and the population tutional provisions against discrimination
has little or no faith in the security forces. based on race, sex, religion, disability, lan-
Prisons are unsanitary, overcrowded, and guage, or social status. Women are under-
poorly ventilated. Prisoners’ families usual- represented in government and are victims
ly supply them with food and bribe guards of societal discrimination in all sectors of
for visitation rights. Pretrial detainees com- public life, including education. Violence
prise about 30 percent of the prison popula- against women is a serious problem. There
tion. As late as 1999, Amnesty International are press reports of penal villages in the
was reporting that at least eight prisoners of northern region for pregnant teenagers or
conscience arrested in previous years were women suspected of witchcraft by village
still being detained. authorities. They live in harsh conditions,
The constitution grants freedom of under forced labor, and constantly fear
speech and press; however, the government death. The press often reports deaths or
exercises pressure on journalists, editors, episodes of violence related to vigilantism;
and media organizations. Journalists and angry citizens or mobs have attacked sus-
editors have been imprisoned by use of the pected criminals or women accused of
criminal libel laws, which provide for up to being witches.
ten years’ imprisonment for reporting sto- Female genital mutilation is still prac-
ries that might harm the reputation of the ticed. Female and child slavery still exist.
government. In 1999, after a five-year libel The law does not prohibit forced childhood
trial, the editor of an independent newspa- marriage. Child prostitution and labor, al-
per was sentenced to ninety days in prison though illegal, are widespread. In 1998, leg-
for printing allegations against the presi- islation was passed to better protect women
dent’s wife. Foreign periodicals have free and children’s rights.
circulation. The government respects freedom of re-
Most radio stations are independent and ligion. However, violent confrontations
air a variety of viewpoints. There are three sometimes take place between Muslim
television stations; one is government- sects, and there are tensions between the
owned and has a nationwide audience, Christian community and traditional au-
while the other two are partially owned by thorities. Ethnic conflict is also a problem.
the government and broadcast only to the In 1995, the Permanent Peace Negotiating
Ghana 227

Team was created to help solve ethnic con- vestigate violations that took place prior to
flicts in the northern region and the north- the 1992 constitution.
ern part of the Volta region. A few positive
Barbara and Michela Zonta
results were achieved.
The government generally cooperates
Bibliography
with the United Nations High Commission-
er for Refugees. Ghana continues to pro- Amnesty International. Amnesty International
vide first asylum to refugees from West Report 2000. New York: Amnesty Interna-
African nations. tional Publications, 2000.
Non-governmental and international Central Intelligence Agency. The World Factbook
human rights organizations operate with- 1999. Washington, DC: Office of Public Af-
fairs, 1999.
out interference from the government. The
———. The World Factbook 2000. Washington,
Commission for Human Rights and Admin-
DC: Office of Public Affairs, 2000.
istrative Justice (CHRAJ) has jurisdiction to
U.S. Department of State. Ghana Country Re-
investigate and remedy proven violations of port on Human Rights Practices for 2000.
human rights, to settle individual cases of Washington, DC: Bureau of Democracy,
grievances against government offices, and Human Rights, and Labor, 2000.
to provide informative workshops on human ———. Ghana Country Report on Human Rights
right issues. In August 1998, the Supreme Practices for 1999. Washington, DC: Bureau
Court accorded the CHRAJ the right to in- of Democracy, Human Rights, and Labor,
2000.
Greece
citizens, there are also 96,000 Muslims,
50,000 Jehovah’s Witnesses, 50,000
Catholics, 30,000 Protestants, 5,000 Jews,
and other smaller (new and old) religious
communities.
In recent years, some 500,000 to 700,000
immigrants have settled in Greece, mostly
illegally; three-fifths of them are Albanians,
and most of these are Muslim. In 1998, a
legalization procedure for those immigrants
was launched, eventually leading to some
201,000 people applying for residence per-
mits. Besides immigrants, Greece has an
estimated 300,000 Roma (also called Gyp-
sies). Most Muslim Greek citizens identify
themselves as ethnic Turks, even though
for some 30,000 of them the mother tongue
is Pomak (a form of Bulgarian); another few
tens of thousands identify themselves as
ethnic Macedonians. Considerably larger
The Hellenic Republic (the official name) is numbers (some 200,000 in each case) of
a Balkan or southeast European state, and ethnic Greeks have a non-Greek mother
a member of the European Union. It has a tongue: Makedontsi (Macedonian), Ar-
population of 11 million. Greece achieved berichte (Arvanitika, a form of Tosk Alban-
independence from the Ottoman Empire in ian), and Arminesti (Aromanian, a neo-Latin
1829 and was one of the founding mem- language akin to Romanian).
bers of the United Nations. Since the col-
lapse of its most recent dictatorship in
HUMAN RIGHTS
1974, Greece has been a multiparty democ-
racy. The official language is Greek and the Greece has only a fair record of defending
state religion is Eastern (Orthodox) Chris- human rights. Many of its more trouble-
tianity. Over 90 percent of the population some human rights issues revolve around
formally identify as Orthodox. A few hun- its large ethnic minorities.
dred thousand Orthodox belong to various Officially, Greece recognizes only one re-
Genuine (Old Calendarist) Orthodox ligious minority, that of the Muslims. Greek
Churches that have split from the official citizens who have claimed a Macedonian or
(New Calendarist) Orthodox Church to a Turkish ethnic identity have often been
which most Greeks belong. Among Greek harassed, and sometimes prosecuted and

228
Greece 229

convicted. Popular sentiment, supported by against the minister and the signatories of
the government, rejects the human rights of the appeal, from almost all sides of the po-
these ethnic minorities to claim a different litical, media, and intellectual communi-
national status. Greek courts have also ties. For many Greeks, this xenophobia is
banned Macedonian and Turkish associa- born out of a nationalistic fear that Greece
tions. In July 1998, the European Court of is in danger from its neighbors, particular-
Human Rights (ECHR) found Greece guilty ly Turkey.
of violating the human rights of its citizens Religious minorities are also discriminat-
because of a 1990 ban of one such an as- ed against. It is characteristic of Greece’s
sociation, called the “Home of Macedonian intolerance toward minorities that the
Culture.” The ECHR was clearly warning ECHR has repeatedly convicted Greece of
Greece that it has to allow the free estab- the violation of the rights of its Jehovah’s
lishment of ethnic minority associations as Witness, Catholic, and Protestant commu-
a basic human right. The ECHR is not nities. Some of the ECHR verdicts have in-
alone in its criticism of Greece’s human cluded strong criticism of related legislation
rights stance. Most major international passed by the Greek Parliament. Similar
human rights organizations have consis- criticism can be found in a 1996 report by
tently reported a multitude of small to se- a UN Special Rapporteur on Religious Free-
rious violations of the education, religious, dom. However, pressure from the Greek Or-
and other rights of Greece’s two largest eth- thodox Church, combined with popular
nic minorities. resistance, have prevented the necessary
In 1997, Greece belatedly ratified the liberalization of legislation on the treatment
United Nations International Covenant of of religious minorities.
Civil and Political Rights and signed the The Roma have also suffered from dis-
Council of Europe’s Framework Convention crimination in Greece. Perhaps half of the
for the Protection of National Minorities (a Roma have successfully integrated them-
convention that still awaits ratification). selves into Greek society, while the other
Despite these formal steps, Greece still half live in scores of settlements under poor
has not completely accepted the right of living conditions. An ambitious government
some of its citizens to freely identify them- plan to help the Roma was announced in
selves, individually as well as collectively, 1996. Very little has been achieved since
ethnically as non-Greeks. The need for then, though, because of prejudice by po-
such adaptation of Greek policy was first lice and government officials, combined
mentioned publicly by Foreign Minister with the reluctance of reelection-minded
George Papandreou in July 1999, coinci- ministers to show the necessary political
dentally a few days after a public appeal for will. Instead, at least a dozen Roma com-
the recognition of Macedonian and Turkish munities have been expelled or threatened
minorities was made by minority members with expulsion in the late 1990s. Police bru-
of Parliament and organizations, and by a tality against and harassment of Roma re-
few human rights non-government organi- mains frequent and unpunished, even in
zations (NGOs). The ensuing public debate the rare cases that prosecutors indict al-
was dominated by strong verbal reactions— leged offenders. Finally, comparative stud-
often rising to the level of hate speech— ies have shown that tent-dwelling Roma
230 The Human Rights Encyclopedia

have the some of lowest education levels cial media. The government has ignored re-
and some of the highest incidence of seri- peated appeals by all major international
ous health problems (such as the wide- freedom of expression organizations to bring
spread occurrence of hepatitis) in Europe. Greece’s press legislation in line with cur-
The ongoing policy of regularization of rent international norms.
the immigrant population has not lessened Since the 1996 change of government
the rising xenophobia of Greek public opin- (when Costas Simitis succeeded Pan Hel-
ion. This xenophobia, enhanced by the hos- lenic Socialist Movement (PASOK) party
tile coverage by the Greek print and founder Andreas Papandreou as prime
electronic media, erroneously states that minister), Greek authorities have slowly
immigration is the main cause of rising been trying to adapt their human rights
crime and unemployment in Greece. Under policy to the prevailing international stan-
such pressure, the Greek government often dards. These changes have been thwarted
resorts to conspicuous “broom” operations by the resilience of middle-level adminis-
(or “broomsweep,” as the informal name of trators who, like most Greeks, believe that
“sweeping” the country of unwanted for- Greece is, and should remain, one indivis-
eigners) that have led to the usually inhu- ible nation.
man expulsion of thousands of mostly
Panayote Elias Dimitras
Albanian immigrants.
Bibliography
The press in Greece is largely free, and
many critics have charged that it frequent- Amnesty International. Amnesty International
ly resorts to the use of hate speech, espe- Report 2000. New York: Amnesty Interna-
cially toward minorities and dissident tional Publications, 2000.
Central Intelligence Agency. The World Factbook
intellectuals. The government is more sen-
1999. Washington, DC: Office of Public Af-
sitive to political attacks than it is to ethnic
fairs, 1999.
prejudice. The courts have sentenced jour-
http://www.mhrmc.on.ca/news/1999/ihf_osce.
nalists and publishers to prison in libel html
cases, mostly for articles that could not be U.S. Department of State. Greece Country Re-
considered anything more than harsh criti- port on Human Rights Practices for 1999.
cism of public officials. Such convictions can Washington, DC: Bureau of Democracy,
be intimidating, especially for small provin- Human Rights, and Labor, 2000.
Grenada
The economy of Grenada is based on
agricultural products—nutmeg, mace,
cocoa, and bananas—as well as tourism.
Agriculture accounts for over half of the
merchandise exported, and a large portion
of the population is employed directly or in-
directly in agriculture. Tourism is the key
earner of foreign exchange. Grenada is a
member of the Caribbean Community and
Common Market (CARICOM).
Grenada was granted full autonomy in
March 1967, and achieved full indepen-
dence on February 7, 1974. Sir Eric Gairy
was Grenada’s first prime minister. On
March 13, 1979, the new joint endeavor for
welfare, education, and liberation (New
Jewel) movement ousted Gairy in a nearly
bloodless coup and established a People’s
Revolutionary Government (PRG) headed
by Maurice Bishop, who became prime
Grenada is an island nation in the eastern minister. His Marxist-Leninist government
Caribbean. It’s capital city is St. George’s. established close ties with Cuba, the Sovi-
It is a constitutional monarchy with a mul- et Union, and other communist countries.
tiparty parliamentary democracy, and is a In October 1983, a power struggle within
member of the Commonwealth of Nations. the government resulted in the arrest and
Queen Elizabeth II, the British monarch and subsequent murder of Bishop and several
head of state, appoints a governor-general members of his cabinet by elements of the
who represents the head of the state with People’s Revolutionary Army.
largely ceremonial powers. The prime min- Following a breakdown in civil order, a
ister, as leader of the majority party, and joint U.S.-Caribbean military force landed
the cabinet hold the executive powers and on Grenada in 1983 in response to an ap-
are responsible to the Grenadan Parliament. peal from the governor-general and a re-
Grenada’s population of approximately quest for assistance from the Organization
100,000 is almost entirely of African origin. of Eastern Caribbean States. As a result of
Other ethnic groups are from South Asia the invasion, U.S. citizens were evacuated
(East Indian) and Europe. Roman Catholi- and order was restored. New general elec-
cism is the official religion, although Protes- tions were held in December 1984. The New
tant denominations are also widespread. National Party (NNP), led by Herbert Blaize,
Many South Asians are Hindus; some are won fourteen of fifteen seats in free and fair
Muslim. English is the official language. elections and formed a democratic govern-

231
232 The Human Rights Encyclopedia

ment. Grenada’s constitution had been vices, and social work programs for families.
suspended in 1979 by the PRG, but it was In addition, funds are available for private
restored after the 1984 elections. In the children’s homes.
parliamentary elections on June 20, 1995, The law does not protect job seekers with
the NNP won eight seats and formed a gov- disabilities from discrimination in employ-
ernment headed by Dr. Keith Mitchell. ment, nor does it require accessibility for
public buildings or services. The National
Council for the Disabled and the National
HUMAN RIGHTS
Children’s Home assist the government in
The constitution of Grenada grants human placing disabled students into community
rights to its citizens and the government schools. The Council also seeks assistance
generally respects them in practice. How- from architects and builders in the con-
ever, there have been several reports of po- struction of disabled access ramps at hotels
lice brutality toward those arrested. Torture and public buildings.
is forbidden by the constitution, but flog- Child labor, as well as forced or bonded
ging remains a legal form of punishment, labor, is illegal. However, children some-
although it is rarely used. times work in the agricultural sector. The
Persons under arrest must be charged statutory minimum age for employment of
within forty-eight hours. Legal detention usu- children is eighteen. Inspectors from the
ally lasts up to fifteen days, but can be ex- Ministry of Labor enforce this provision by
tended up to sixty days. Bail is almost always means of periodic checks.
granted. The judiciary provides fast and effi- The constitution protects freedom of
cient trials. The judiciary is independent and movement within and outside the country.
is held in high esteem by the public. Access Nevertheless, the right to leave the country
to legal assistance is easy, and the authori- can be denied in special circumstances as
ties provide attorneys to the indigent. outlined by the 1986 Act to Restrict the
All newspapers, radio, and television sta- Freedom of Movement of Certain Persons.
tions enjoy independence from the state General elections are held every five years,
and regularly report opposition views. The and they are usually free and fair. Local
television news often airs reports on oppo- human rights groups operate without gov-
sition activities, including coverage of po- ernment restriction, and the government
litical rallies held by various political parties cooperates with visits from international
and candidates, public forums featuring human rights organizations.
political leaders of each of the major par-
Barbara and Michela Zonta
ties, and other public service broadcasts.
Bibliography
Violence against women is a serious prob-
lem. Most cases of abuse are not reported, Amnesty International. Amnesty International
and others are settled out of court. The law Report 2000. New York: Amnesty Interna-
provides for long terms of imprisonment for tional Publications, 2000.
Central Intelligence Agency. The World Factbook
crimes such as rape, but many women are
1999. Washington, DC: Office of Public Af-
afraid to bring charges. A shelter for battered
fairs, 1999.
women was opened providing medical and
U.S. Department of State. Grenada Country Re-
psychological assistance. The abuse of chil- port on Human Rights Practices for 1999.
dren is increasingly a problem. However, the Washington, DC: Bureau of Democracy,
state provides services to youth, day-care ser- Human Rights, and Labor, 2000.
Guatemala
to May 1985, was amended in November
1993. The government consists of an exec-
utive branch—the president; a legislative
branch—a unicameral eighty-member Con-
gress; and a judiciary—a thirteen-member
Supreme Court of Justice.
Rich in natural resources—oil, timber, and
nickel—Guatemala has an agriculture-based,
private sector–oriented economy. Coffee,
sugar, and bananas are the major exports.
About half of the population engages in some
form of agriculture, and a smaller amount
are engaged in manufacturing. A consider-
able disparity exists in the income distribu-
tion of Guatemalans, and the poverty rate is
very high, particularly among the indigenous
people. About 80 percent of the population
and 90 percent of the indigenous communi-
ty live in poverty. Guatemala’s economy was
adversely affected in October 1998 by Hurri-
The Republic of Guatemala is located in cane Mitch, which caused 250 deaths and
Central America. It is bounded by Belize, did much damage to the nation’s infrastruc-
El Salvador, Honduras, and Mexico. ture and crops.
Guatemala City is the capital. Its popula- Mayan civilization dominated the territo-
tion of approximately 12 million consists ry until 1523–1524, when Pedro de Alvara-
primarily of mestizos—mixed Spanish-In- do established Spanish colonial rule. Most
dian—and indigenous Indians. Roman Central American countries came under the
Catholicism is the dominant religion, al- control of the Captaincy General of
though Protestantism and traditional Guatemala. During the seventeenth centu-
Mayan religions are also practiced. Spanish ry, Antigua—the capital of Guatemala since
is the official language, more than twenty 1543—was one of the richest capitals of the
Indian languages—including K’iche’, New World. Antigua, however, was severe-
Kakchiquel, K’ekchi, and Mam—are spo- ly damaged by two earthquakes in 1773,
ken throughout the country. and Guatemala City became the new capi-
tal in 1776. Guatemala achieved indepen-
dence from Spain on September 15, 1821,
BACKGROUND
and was briefly part of the Mexican Empire.
Guatemala is a constitutional democratic It later became a member of the United
republic. Its constitution, which dates back Provinces of Central America.

233
234 The Human Rights Encyclopedia

Soldier standing guard in a Guatemalan hamlet.

A series of dictatorships, insurgencies, leftist guerrillas led by the revolutionary


coups, and stretches of military rule char- Guatemalan National Revolutionary Unity
acterized the history of Guatemala from the Party (URNG).
mid-nineteenth century until the mid- Jorge Serrano won the 1990 presidential
1980s. In 1986, President Vinicio Cerezo’s elections. On May 25, 1993, Serrano ille-
new civilian government committed itself gally dissolved Congress and the Supreme
to ending political violence and to estab- Court, and tried to restrict civil freedoms, in
lishing the rule of law. Among Cerezo’s re- an alleged effort to fight corruption. This
forms were the creation of a legislative coup, however, failed because of strong
human rights committee and the office of protests from Guatemalan society as well
Human Rights Ombudsman. Cerezo’s gov- as international pressure. Serrano eventu-
ernment, however, was strongly criticized ally fled the country and was replaced by
for its unwillingness to investigate cases of the human rights ombudsman Ramiro De
human rights violations and for its inabil- Leon Carpio, who launched an ambitious
ity to deal with many of the nation’s prob- anticorruption campaign to purify Congress
lems, including high infant mortality, and the Supreme Court. The De Leon gov-
widespread illiteracy, and deficient health ernment made peace with the URNG guer-
and social services. Guatemala’s most se- rillas, and signed agreements on Human
rious problem was an ongoing civil war with Rights (March 1994), Resettlement of Dis-
Guatemala 235

placed Persons (June 1994), Historical dividual police officers have been involved
Clarification (June 1994), and Indigenous in criminal activity, including kidnapping.
Rights (March 1995). Judges and other law enforcement officials
are regularly subject to intimidation and
corruption, and the inefficient judicial sys-
HUMAN RIGHTS
tem is often unable to ensure fair trials and
The agreement on the reinsertion of the due process. Lynchings and mob attacks
URNG into political life contributed to an are frequent; they are vigilante responses
improvement in Guatemala’s human rights to the government’s inability to control
situation. In the aftermath of Hurricane crime and of the courts to assure speedy
Mitch, President Alvaro Arzu Irigoyen had justice. Prison conditions are harsh, and
“temporarily” suspended certain civil liber- prison security and medical facilities are
ties as a thirty-day emergency measure, inadequate. Many prisons are overcrowd-
ratified by the Congress. The ending of ed, and food is inadequate. Drug-related
Arzu’s attacks on civil liberties advanced corruption is common; escapes and prison
human rights for Guatemalans. In recent unrest are also serious problems.
years, the human rights situation has con- Although the constitution states that all
tinued to improve considerably, although persons are free and equal in dignity and
problems have remained in some areas. rights, in practice discrimination and vio-
Members of the police have been accused lence against women is common, as are so-
of extrajudicial killings. Indigenous people cietal child abuse and discrimination
were the most common victims of extra- against the disabled and indigenous peo-
judicial killings during the internal conflict. ple. Violence against women, including do-
Additionally, although the constitution pro- mestic violence, is common among all social
vides for the integrity and security of the classes. Victims rarely report criminal sex-
person and prohibits torture of prisoners, ual violence and relatively few rape cases
security forces have mistreated suspects go to court. Women face job discrimination
and detainees. Arbitrary arrests and de- and generally receive significantly lower pay
tentions, as well as lengthy pretrial deten- than men. They are predominantly em-
tions, are widespread problems. Police ployed in low-wage jobs and in the infor-
routinely ignore writs of habeas corpus in mal sector of the economy. The abuse of
cases of illegal detention, and it is estimat- street children is a serious problem in
ed that 62 percent of all those in prison are major cities. Moreover, discrimination
awaiting trial. against physically disabled persons in em-
About seventy clandestine cemeteries ployment is widespread, and few resources
have been found in the past five years. Most are devoted to assisting the disabled. In
of the exhumed bodies were those of vic- general, rural indigenous people have lim-
tims of military or paramilitary killings. Ac- ited educational opportunities and thus
cording to a number of reports, social have fewer employment opportunities. Be-
cleansing operations still occur and typi- cause of their limited comprehension of
cally consist of cases in which persons con- Spanish, indigenous people arrested for
sidered socially undesirable are murdered. crimes are usually at a disadvantage.
Corruption among the police and in the The constitution provides for freedom of
judiciary is also a problem. A number of in- expression and the government generally
236 The Human Rights Encyclopedia

respects this right. The constitution also are very active and report freely on human
provides for the right of peaceful assembly rights issues.
and for freedom of association. Workers are
Barbara and Michela Zonta
allowed to form and join trade unions.
Forced or compulsory labor is forbidden by Bibliography
the law. The constitution, however, does not
specifically prohibit forced or bonded labor Amnesty International. Amnesty International
Report 2000. New York: Amnesty Interna-
by children, who are regularly employed in
tional Publications, 2000.
the informal and agricultural sectors. Work-
Central Intelligence Agency. The World Factbook
ers are often forced to work overtime with-
1999. Washington, DC: Office of Public Af-
out premium pay, and occupational health fairs, 1999.
and safety standards are inadequate. U.S. Department of State. Guatemala Country
Guatemala generally permits human Report on Human Rights Practices for 1999.
rights groups to operate freely, and a num- Washington, DC: Bureau of Democracy,
ber of domestic and international groups Human Rights, and Labor, 2000.
Guinea
BACKGROUND
A former French colony, Guinea achieved
independence in 1958. The current pres-
ident Lansana Conte has been ruling since
1984, when he successfully organized and
led a military coup. He was elected presi-
dent of a civilian government in 1993,
after elections that were totally controlled
by the government with no opposition par-
ticipation. The first multiparty legislative
elections were held in 1995. President
Conte’s Party of Unity and Progress (PUP)
won 60 percent of National Assembly
seats. The elections were considered
fraudulent by both local and internation-
al observers. Conte won a second five-year
term in 1998.
Although a constitutional republic pro-
viding for the separation of powers, the
presidency maintains effective power and
the Party of Unity and Progress dominates
The Republic of Guinea is situated in West all three branches of the government, in-
Africa, bordering the North Atlantic Ocean cluding the judiciary.
between Guinea-Bissau and Sierra Leone. Guinea is one of the poorest countries in
Conakry is the capital city. The country’s the world, despite its major mineral, hy-
population of approximately 7.5 million is dropower, and agriculture resources. About
ethnically and regionally diverse. The 85 percent of the labor force is engaged in
largest ethnic groups are the Puhlar, also subsistence agriculture. Coffee and fruit
called Peuhl or Fulani (about 40 percent), are produced for export. Guinea is the sec-
the Malinke (about 30 percent), and the ond largest bauxite producer in the world.
Soussou (about 20 percent). Each of these Most national export earnings come from
groups speaks its own language and is mining, particularly bauxite, gold, and di-
concentrated in a distinct region. French amonds. Per capita annual gross domestic
is the official language. About 85 percent of product was estimated at $540 in 1997.
the population is Muslim, with the re- Widespread corruption and government
mainder professing Christianity or indige- policies hold the country’s economic growth
nous beliefs. in check. Guinea receives financial assis-

237
238 The Human Rights Encyclopedia

tance from international institutions, al- and medical care. Some die of malnutrition
though foreign investments are meager. and various diseases. Prison guards are
often responsible for sexual assaults on, and
harassment of, female inmates.
HUMAN RIGHTS
Arbitrary arrest is a serious problem.
Guinea is a member, among others, of the Long pretrial detentions are common. Au-
Organization for African Unity and the thorities do not always enforce the law pro-
United Nations. Although improvements viding access by attorneys to their clients.
have been reported in recent years, the Magistrates and lawyers are mostly un-
country’s human rights record continues qualified and corrupt. The penal code is
to be poor. Citizens do not have the ability outdated and judges serve at the pleasure
to change their government. The govern- of influential members of the government.
ment dominates the election process and Citizens often prefer to rely on traditional
has refused to create an independent elec- systems of justice in the villages or urban
toral oversight commission since the first neighborhoods. Vigilante violence against
multiparty presidential election in 1993. suspected criminals is also widespread.
The December 1998 presidential elec- Government officials routinely infringe
tions were marred by serious irregularities, on citizens’ right to privacy. There are cred-
intimidation, violence, and civil unrest. PUP ible reports that security officials monitor
and opposition party supporters engaged telephone calls and mail. Local businesses
in violence before and after the election. Op- and foreign companies are occasionally vic-
position candidates were prevented from tims of harassment and intimidation by
holding public meetings and did not receive government officials. Police often ignore
equal access to—or effective coverage by— legal procedures in the process of arrest-
the state-controlled broadcast media. Se- ing suspected criminals.
curity forces allegedly arrested members of The government restricts freedom of
opposition parties during the vote-count- speech and the press, and has a monopoly
ing process. Widespread antigovernment on domestic radio and television broad-
protests and riots resulted in the deaths casting, although access to foreign televi-
and injuries of civilians caused by mem- sion satellite broadcasts is growing. The
bers of the security forces. only official daily newspaper is state owned.
Members of opposition parties, as well as Journalists associated with the official
local non-governmental and human rights press practice self-censorship. The private
organizations, allege that the government is press is critical of the government and the
responsible for the disappearances of polit- president. Foreign newspapers are avail-
ical activists and for holding dozens of po- able. On several occasions in 1997 and
litical prisoners convicted under criminal 1998, independent journalists and editors
charges. Both civilian and military security have been harassed by the authorities, ar-
forces regularly use torture, physical abuse, bitrarily arrested, and convicted under
and other cruel and degrading treatments criminal charges for defamation, slander,
against detainees or prisoners. Prison con- and disturbing the public peace.
ditions are inhuman and often life threat- The constitution restricts freedom of as-
ening. Prisoners rely on humanitarian sembly by prohibiting any gathering that
assistance or on family members for food might be threatening to the national unity,
Guinea 239

including meetings of an ethnic or racial are required to carry national identification


nature. The government also limits oppo- cards. Police officers often stop and extract
sition activities. Although the law provides bribes from travelers at security check-
for freedom of association, there are a num- points. The authorities can also limit for-
ber of restrictions political parties must eign travel for political reasons.
overcome before obtaining legal recognition. The government cooperates with the
While the constitution forbids discrimi- United Nations High Commissioner for
nation based on sex, ethnicity, language, Refugees and other humanitarian organi-
beliefs, disability, or social status, these zations in assisting refugee and asylum
provisions are not enforced. Discrimination seekers, primarily coming from Liberia and
against women based on traditional cus- Sierra Leone. However, there have been re-
toms is common, especially in rural areas. ports of sexual assaults and harassment of
Women receive less pay than men for equal refugees by border patrol guards. Occa-
work. The law generally favors men in civil sionally, refugees have been subject to ar-
and family matters. Legal evidence by bitrary arrests and detention by security
women in court is considered less relevant forces. In some instances, suspected rebels
than that of men. Women remain under- have been forcibly returned to the govern-
represented in government. Although pro- ment of Sierra Leone.
hibited by law, polygamy is widely There are several local non-governmental
practiced. Violence against women is com- organizations that address human rights
mon. Domestic violence is a criminal of- issues, and the government generally co-
fense. However, the police rarely enforce the operates with their investigations, and
law in domestic disputes. sometimes (with mixed sincerity) attempts
Although illegal, female genital mutila- to educate the citizenry and officials about
tion continues to be widely performed. The human rights. A human rights office with-
government is committed to children’s wel- in the Ministry of Defense organizes semi-
fare, especially in providing for education. nars to teach military personnel about
However, it fails to monitor and actively ad- international and regional agreements on
dress child prostitution and child labor. human rights.
The constitution does not include special
Barbara and Michela Zonta
provisions for the disabled, such as acces-
sibility to public services and buildings. Bibliography
Ethnic discrimination is strong and partic-
Amnesty International. Amnesty International
ularly evident in the private sector, in eth-
Report 2000. New York: Amnesty Interna-
nically segregated urban neighborhoods,
tional Publications, 2000.
and in the paucity of interethnic marriages. Central Intelligence Agency. The World Factbook
Members of the ruling party’s ethnic group 1999. Washington, DC: Office of Public Af-
occupy most senior positions in the public fairs, 1999.
sector. Incidents of ethnic violence also U.S. Department of State. Guinea Country Re-
occur among the major ethnic groups. port on Human Rights Practices for 1999.
Citizens are restricted in their freedom of Washington, DC: Bureau of Democracy,
movement within the country. All citizens Human Rights, and Labor, 2000.
Guinea-Bissau
2000, when a popularly elected government
came to power.
The police are under the jurisdiction of
the Ministry of the Interior and is Guinea-
Bissau’s foremost organ of security. Dur-
ing the unrest of 1998, supporters of both
Vieira and the military junta openly carried
firearms and conducted their own patrols.
After Vieira was ousted, however, the po-
lice were able to reinstate the rule of law
and resume most of their responsibilities.

HUMAN RIGHTS
The election in February 2000 marked a
turning point in Guinea-Bissau’s human
rights record. Most international observers
agreed that the elections were free and fair.
However, there were substantiated re-
ports of extrajudicial killings on the part of
The Republic of Guinea-Bissau is a small the government, particularly under the
country in western Africa, between Guinea Vieira administration. Both forces loyal to
and Senegal on the Atlantic coast. The pop- President Vieira and the military junta con-
ulation is approximately 1.2 million, divid- tinued to use beatings, arbitrary arrest and
ed between a variety of ethnic groups. Its detention, and other forms of harassment
capital city is Bissau. In terms of land against Guinean citizens. Supervision of se-
mass, it is roughly three times the size of curity forces remains lacking, and there
Connecticut. Guinea-Bissau gained its in- was no action taken to discipline security
dependence from Portugal in 1974, al- force members responsible for human
though the first multiparty legislative and rights violations. Prison conditions remain
presidential elections were not held until poor, but are not life threatening.
1994. In 1998, it underwent a bloody civil Even though the civil conflict between
war, making refugees out of hundreds of government forces and Vieira supporters
thousands of its citizens. The elected pres- came to an end in 2000, it remains difficult
ident, President Bernardo Vieira, was oust- to determine how many people were killed
ed in a military coup in May 1999 by a during the conflict; some estimates range
military junta (faction), which provisional- as high as 2,000. It is not known how many
ly ruled Guinea-Bissau until February of these people were civilian non-combat-

240
Guinea-Bissau 241

ants. There were many reports during the must be licensed by the government, but
conflict of mass killings of innocent civil- so far, all applications have been accepted.
ians. One such account indicates that in Various faiths, including the Jehovah’s Wit-
May 1999, during the coup to oust Vieira nesses, were allowed to conduct mission-
from power, rebel forces killed sixty civilians ary activity throughout 1999. Freedom of
seeking refuge in a mission school outside movement, even during the height of the
the capital. There were credible reports that conflict, was not severely restricted on a na-
soldiers on both sides of the conflict com- tional level, although many police officers
mitted rape and mistreated prisoners. set up informal checkpoints where they en-
Immediately following the May coup, the gaged in bribe-taking and harassment of
new government detained as prisoners of war travelers.
as many as 600 soldiers who had supported The government of Guinea-Bissau has
Vieira during the civil war. According to the provided asylum to refugees from neigh-
government, 180 of these soldiers were sub- boring countries, including Senegal,
sequently released, and an additional fifty Liberia, and Sierra Leone. According to a
were released in the following months. More census conducted in January 1998 by the
than 385 remain in detention. United Nations High Commissioner for
Freedom of the press is limited and jour- Refugees (UNHCR), there are just under
nalists frequently practice self-censorship. 5,000 Senegalese refugees in Guinea-Bis-
Prior to the violent outbreak in June 1998, sau. Although there are no formal provi-
Guinea-Bissau’s print media consisted of sions for the acceptance and maintenance
one independent daily, three independent of refugees, asylum seekers continue to be
weeklies, one government-owned biweekly, granted refugee status on a case-by-case
and one independent monthly. Circulation basis. No refugees have been deported
is limited due to financial constraints. Many forcibly to countries in which they feared
papers lack the raw materials necessary to persecution.
publish consistently. During the civil war, Physical violence, including domestic vi-
most journalists were permitted to circu- olence, is currently an accepted means of
late freely and report on the fighting and settling disputes within households. The
associated political developments. police do intervene if they are called, but
During the civil war, most of Guinea-Bis- the government of Guinea-Bissau has not
sau’s academic institutions ceased function- taken any specific measures to counteract
ing. When the war ended, the universities the national prejudice against reporting do-
were reactivated, and academic freedom has mestic violence. Women are vastly under-
generally been respected. represented in the National Assembly,
The government respects the rights of where they occupy only 9 of 102 seats. Fe-
peaceful association and assembly. In No- male genital mutilation, which has been
vember and December 1999, unarmed sol- condemned by most international health
diers were allowed to conduct unannounced organizations as a physically and mentally
one-day demonstrations to protest against damaging practice, still persists in certain
non-payment of their wages. ethnic groups within Guinea-Bissau, par-
The government also respects the rights ticularly with the Fulas and the Mandinkas.
of freedom of religion. All religious groups As Islam gains prominence in Guinea-Bis-
242 The Human Rights Encyclopedia

sau, the practice seems to be increasing: rights abuses freely and without govern-
not only is this practice performed on ment interference.
adolecent girls, but also on babies as young
Eric Busch
as four months. The government has not
outlawed the practice, but it has formed a Bibliography
committee in order to conduct a nationwide
Amnesty International. Amnesty International
education campaign to discourage it.
Report 2000. New York: Amnesty Interna-
Most human rights groups temporarily
tional Publications, 2000.
ceased operations during the 1998 civil Human Rights Watch. World Report 2000. New
war, although there is now a substantial York: Human Rights Watch, 2000.
human rights presence in Guinea-Bissau. U.S. Department of State. Guinea-Bissau Coun-
The Guinea-Bissau Human Rights League try Report on Human Rights Practices for
and some international organizations have 1999. Washington, DC: Bureau of Democra-
continued to investigate reports of human cy, Human Rights, and Labor, 2000.
Guyana
BACKGROUND
A British colony since 1831, Guyana
achieved independence in 1966 and be-
came a Republic within the Commonwealth
in 1970. Forbes Burnham ruled the coun-
try from 1964 to 1985, establishing an au-
tocratic socialist regime characterized by
the suppression of human rights and lib-
erties. His successor, President Hugh
Desmond Hoyte, eased the restrictions on
freedom of the press and assembly, and
promoted a market economy. However, the
People’s National Congress (PNC) contin-
ued to control Guyana’s politics.
In 1992, Cheddi Jagan, a minority leader
in Parliament, won the presidency in what
were internationally recognized as the
country’s first free and fair elections. He
was deeply commited to democracy. Fol-
lowing his death, Janet Jagan, Cheddi
Jagan’s wife, was elected president after the
The Co-operative Republic of Guyana is situ- December 1997 national elections, and her
ated in South America. It borders the Atlantic party, the People’s Progressive Party, won
Ocean on the north, and lies between Suri- 55 percent of the seats in the Parliament.
name and Venezuela. Georgetown is the cap- The PNC objected to the results of the elec-
ital city. Guyana’s population of approximately tions and boycotted the Parliament for sev-
705,000 includes ethnic groups of East Indi- eral months. Opposition supporters
an origin (about 49 percent), of African origin organized demonstrations, which occa-
(about 32 percent), indigenous Indian (about sionally turned violent, resulting in physi-
6 percent), mixed (12 percent), and European cal attacks on citizens and in one death.
and Chinese (1 percent). About half of the The country has a multiparty political sys-
population is Christian, with the remainder tem with proportional representation. The
practicing Hinduism (33 percent), Islam (9 per- constitution provides for the separation of
cent), and other religious beliefs (8 percent). powers and the independence of the judicia-
English is the official language, although ry. The president, who is directly elected by
Guyanese Creole and indigenous Indian di- the citizens, appoints the members of the
alects are widely spoken as well. cabinet and the prime minister. Together,

243
244 The Human Rights Encyclopedia

they hold executive power. Legislative power leged police abuses, and most cases go un-
rests in the indirectly elected unicameral na- punished. Prison conditions are very poor,
tional assembly. characterized by a lack of sanitation and
Guyana is one of the poorest countries medical care, inadequate nutrition, and
in the Western Hemisphere, despite the pri- overcrowding. Poor staff morale further ag-
vatization program started in 1989. Per gravates the situation.
capita gross domestic product is estimat- Although the constitution provides for the
ed at approximately $800. Agriculture and independence of the judiciary, lawyers and
mining are the most important economic certain law enforcement officials have al-
activities, with rice, sugar, bauxite, and gold leged that the government often influences
being the major exports. The support of in- the judges in criminal and civil cases. Pre-
ternational organizations and the promo- trial detentions are common due to the in-
tion of a free market have resulted in efficiency of the judicial system. There is no
economic growth in recent years. However, public defender system, so that the right to
the lack of a skilled labor force, inadequate counsel is limited to those who can afford it.
transportation, poor power distribution, The government generally respects free-
and poor communications are major eco- dom of speech and the press. However, it
nomic challenges. has held back the authorization to open pri-
Guyana is a member of the United Na- vate radio stations. The Ministry of Infor-
tions. It also played a significant role in the mation, which previously censored the
founding of the Caribbean Community and Internet and restricted its accessibility, lift-
Common Market (CARICOM). Guyana co- ed these restrictions in January 1999. The
operates in all major international agree- government does not effectively enforce
ments against narcotics trafficking, and constitutional provisions against discrimi-
actively supports U.S. law enforcement nation based on sex, race, religion, disabil-
agencies. ity, language, or social status.
Women are underrepresented in govern-
ment, politics, and the private sector. Vio-
HUMAN RIGHTS
lence against women is widespread. Women
The country’s human rights record has are not legally protected in cases of sexual
been improving over the past few years. harassment in the workplace. Sexual abuse
Nevertheless, there remain serious prob- is rarely reported to the authorities because
lems in a number of areas. The security of the social stigma attached to victims of
forces have committed human rights abus- rape, incest, and spousal abuse.
es. Nine civilians died in 1999 following a Child welfare is seriously compromised
violent confrontation with the police. The by the inadequacy of the public health sys-
police also reportedly use torture and other tem. Although the government provides for
forms of physical abuse against detainees education, in reality, many children are not
under custody. attending school because they must con-
In a few cases, the relevant authorities tribute to their household income by work-
have taken disciplinary action against the ing. Child abuse, including rape and incest,
perpetrators, although they have rarely are common, and usually go unreported.
faced imprisonment. In general, the gov- Child labor in the informal sector and child
ernment does not thoroughly investigate al- prostitution are significant problems.
Guyana 245

Discrimination based on ethnicity influ- Refugees and other organizations in as-


ences Guyana’s society and political life. His- sisting refugee and asylum seekers. The
torical patterns of social organization have government also cooperates with local
become politicized, as the major political par- human right groups and international or-
ties represent opposing ethnic groups. Inci- ganizations in their investigations of human
dents reflecting racial tensions between rights abuses. The most active domestic
Indo-Guyanese and Afro-Guyanese are com- non-governmental organization is the
mon. Indigenous Indians are also victims of Guyana Human Rights Association.
societal discrimination in decisions affect-
Barbara and Michela Zonta
ing their lands, cultures, and traditions.
The constitution does not mandate pro-
visions regarding accessibility for people Bibliography
with disabilities, and discrimination in em-
Amnesty International. Amnesty International
ployment and public services is common.
Report 2000. New York: Amnesty Interna-
Workers’ rights to safety and health stan-
tional Publications, 2000.
dards are not effectively enforced by the au-
Central Intelligence Agency. The World Factbook
thorities because of a lack of resources 1999. Washington, DC: Office of Public Af-
within the Ministry of Labor. In addition, fairs, 1999.
there is no legislation prohibiting anti- U.S. Department of State. Guyana Country Re-
union discrimination. port on Human Rights Practices for 1999.
The government cooperates with the Washington, DC: Bureau of Democracy,
United Nations High Commissioner for Human Rights, and Labor, 2000.
Haiti
torship. Duvalier helped to destroy what lit-
tle economic or political promise Haiti
might have had. Upon his death in 1971,
his son Jean Claude (Baby Doc) Duvalier
took over the country. Like his father, he
ruled by violence and intimidation.
In 1986, public protests against Duva-
lier’s rule forced him to flee the country. A
series of military leaders ruled the country
until, under international pressure, the gov-
ernment allowed free elections for a new
president. Jean-Bertrand Aristide, a left-
leaning Catholic priest, won those elections
in 1990, but was overthrown by a military
coup in 1991. Haiti descended into further
chaos until 1994 when American troops
landed and forced the Haitian army to ac-
cept Aristide as president. Backed by a Unit-
ed Nations presence, Aristide ruled until
1996. After Duvalier’s death, a period of po-
Haiti is located in the Caribbean, on the is- litical chaos ensued, which was ended by
land of Hispaniola. It has a population of United Nations (UN) intervention in 1994.
approximately 7 million, of whom 99 per- A constitution was drafted in 1997, but
cent are descendants of African slaves. Its it has yet to be ratified and Haiti remains an
capital is Port-au-Prince. Haiti is one of the unstable nation without strong democrat-
poorest countries in the Western Hemi- ic roots. Shortly after the military was dis-
sphere and has long been plagued by po- banded in January 1995, the Haitian
litical violence. government created the Haitian National Po-
lice (HNP) to provide order and stability. The
UN maintained a police mission in Haiti
BACKGROUND
(called MIPONUH), which advised and
Haiti was colonized by the French in the trained the HNP, but it withdrew from the
late seventeenth century. The French es- country in March 2000. Under the guidance
tablished valuable sugar plantations on the of the UN, the HNP has gained valuable ex-
island using slave labor. In 1804, a slave perience, but it still is weak, corrupt, and
uprising led to Haiti’s independence. Since prone to human rights violations. Aristede
then its history has been characterized by was elected president again in 2000. Origi-
political turmoil and endemic poverty. The nally viewed as a human rights defender, he
election of François (Papa Doc) Duvalier in has been accused of using force to maintain
1957 led to the creation of a harsh dicta- his influence over the country.

246
Haiti 247

HUMAN RIGHTS Vigilante justice also remains a problem.


Although most incidents occurred without
Despite Haiti’s movement toward represen- the knowledge or sanction of the govern-
tative government, its human rights record ment, there have been reports that link vig-
remains poor. As the UN mission drew to a ilante brigades to the HNP and other
close, the HNP displayed an increasing ten- government organizations. Brigades that
dency toward excessive violence, which re- included officers from the HNP were re-
sulted in a sharp rise in extrajudicial sponsible for the killings of sixteen people
killings. At the end of 1999, there were cred- and the disappearances of four others. In
ible reports of sixty-six extrajudicial killings one of these instances, a man was seized
by HNP members. In what was perhaps the in the emergency waiting room of a Port-
most grievous example, on May 28, 1999, au-Prince hospital and lynched. Lynching
HNP officers were called to an area near is in fact a typical form of local justice in
Port-au-Prince to investigate reports of ban- rural areas outside of police control. The
ditry. The officers summarily executed UN International Civilian Mission in Haiti
eleven men on the spot. After the killings, (MICIVIH) recorded seventy-six deaths in
six of the officers were arrested and the po- forty-eight separate lynchings during 1999.
lice chief, Jean Coles Rameau, fled to the Police frequently beat suspects, and there
Dominican Republic. He was later arrested have been reports of torture and other
at Santo Domingo Airport and returned to forms of abuse. Beating with fists, rocks,
Haiti to stand trial for the killings. He was and belts constitute the majority of police
still in custody at the end of 1999, and the brutality complaints. However, there have
Haitian judiciary had assembled a three- also been other documented forms of
magistrate panel to investigate the case. The abuse, including burning with cigarettes,
investigation was still under way at the end severe boxing of the ears, and choking.
of 1999. There were also sporadic reports of torture
On January 8, 1999, one off-duty HNP by electric shock, although none of these
officer killed a civilian following a traffic dis- have been verified.
pute. He was detained and almost immedi- Prison conditions remain dire. Prisoners
ately released for what the examining are held in overcrowded facilities and lack
magistrate characterized as “many other con- basic sanitation and health care. Food is
siderations.” Two months later, another off- scarce, and some prisons have experienced
duty officer killed a youth who he suspected water shortages. There were four recorded
of stealing his wallet. He was charged with deaths due to malnutrition in 1999. Pris-
“theft of a weapon.” Another policeman at- oners whose diets were not supplemented
tacked with a rock a suspect he had just ar- by supplies from family members were at
rested, citing self-defense. In Port-au-Prince, the greatest risk of starvation. Women pris-
on April 20, 1999, police killed Michelson oners are housed separately from men, al-
Jean Philippe Guillame. Guillame had been though overcrowding prevents the
a coordinator for the Fanmi Lavalas Party separation of juveniles from adults, and
(former President Aristide’s political party), non-violent from violent criminals. There
and there were allegations that the killing has been a decline in reports of mistreat-
was politically motivated. Although a com- ment by prison guards, although some de-
mittee was formed to investigate, the case re- grading treatment continues. The Haitian
mains unsolved. government continues to offer unfettered
248 The Human Rights Encyclopedia

access to international and domestic These reports also indicate that women are
human rights organizations. not confident in the ability of law enforce-
The HNP continues to arrest and detain ment or the legal system to provide assis-
citizens arbitrarily. Citizens must contend tance. According to a UN report, 33 percent
with a corrupt and neglected judiciary. The of Haitian women report having been raped
right to a fair trial is guaranteed in the con- or physically abused. Haitian law also dis-
stitution, but this right is routinely violat- criminates against women. If a husband
ed in practice. There is a shortage of catches his wife in the act of adultery in the
adequately trained judges and lawyers, and home, he is legally allowed to murder her,
many suspects are detained for years with- however, the law does not excuse a wife
out trial. If an accused person is tried and who murders her husband upon discover-
found innocent, there is no redress against ing him in bed in the act of adultury. Most
the government for time served in prison. women are relegated to farming, market-
Haiti’s Justice Minister has acknowledged ing, or domestic labor. Women who become
the weaknesses of the judiciary and has in- professionals are rarely promoted to su-
troduced several committees to study the pervisory positions.
wide range of problems confronting the ju- The government does not actively promote
dicial system and make recommendations children’s welfare. Rural families often send
for its improvement. their children to the city to work as domes-
The constitution prohibits arbitrary in- tic help for more affluent city dwellers. The
terference in citizens’ family, home, or cor- family receives payment for their child’s labor.
respondence, however, the police have at This practice is called restavek (literally trans-
times arrested the family members of sus- lated as “lives with” in Creole), and has been
pects when the suspects themselves could cited by the UN as a form of slavery. An es-
not be located. timated 300,000 children, 85 percent of them
The government generally respects the girls, are victims of this practice. Society
rights to freedom of speech and freedom of holds children in little regard, and the Min-
the press. There are two French-language istry of Social Affairs has been reluctant to
daily newspapers, Le Nouvelliste and Le take any action in this area.
Matin, both of which are privately owned and Human rights organizations generally op-
frequently critical of the government. Dur- erate without hindrance, although there
ing a demonstration on May 28, 1999, the were threats from unknown sources and
police were filmed beating four journalists. In sporadic violence against some groups
protest, approximately 150 journalists throughout 1999.
marched on HNP headquarters. The HNP Eric Busch
formally apologized, although it did not in- Bibliography
vestigate the individual officers involved. For-
eign journalists are generally allowed to Amnesty International. Amnesty International
Report 2000. New York: Amnesty Interna-
cover events without interference.
tional Publications, 2000.
The government respects the rights of
Human Rights Watch. World Report 2000. New
freedom of association, freedom of move-
York: Human Rights Watch, 2000.
ment within the country and abroad, and U.S. Department of State. Haiti Country Report
freedom of religion. on Human Rights Practices for 1999. Wash-
According to women’s rights groups, ington, DC: Bureau of Democracy, Human
women are routinely raped and abused. Rights, and Labor, 2000.
Honduras
BACKGROUND
Honduras is a democratic constitutional re-
public. The constitution dates back to
1982. The government consists of an exec-
utive branch (the president), a unicameral
national congress, and an independent ju-
diciary consisting of a Supreme Court of
Justice and several lower courts. Honduras
is a member of the United Nations (UN), the
World Trade Organization (WTO), the Or-
ganization of American States (OAS), the
Central American Parliament (PARLACEN),
the Central American Integration System
(SICA), and the Central American Security
Commission (CASQ).
Honduras is one of the least developed
countries in Latin America. Its market
economy is based mainly on agriculture,
with coffee and bananas representing its
major exports. Honduras is rich in natural
The Republic of Honduras is located in resources, but widespread slash-and-burn
Central America, between the Pacific Ocean agricultural methods jeopardize Honduran
and the Caribbean Sea. It is bounded by El forests. In the aftermath of Hurricane
Salvador, Guatemala, and Nicaragua. Tegu- Mitch, which devastated the Honduran
cigalpa is the capital city. Its population of economy in 1998, economic growth has
approximately 6 million is predominantly been led by strong performances in the
mestizo (Spanish-Indian mixed ethnicity) manufacturing, financial services, utilities,
(90 percent). Other ethnic groups include and mining sectors.
indigenous Indians and people of Euro- Ancient Mayan culture flourished in
pean, Arab, African, and Asian origins. Honduras for many hundreds of years until
Roman Catholicism is the official religion, 1524, when Spanish Conquistador Hernan
although a number of Protestant denomi- Cortes arrived and Honduras came under
nations constitute a religious minority. the control of the Captaincy General of
Spanish is the official language and is spo- Guatemala. Independence from Spain was
ken by the majority of the population. Other achieved on September 15, 1821. Honduras
languages include English and a number was then briefly annexed to the Mexican
of indigenous Indian dialects. Empire. In 1823, it joined the newly formed

249
250 The Human Rights Encyclopedia

United Provinces of Central America. After “Moral Revolution” prosecuted corruption


the 1838 collapse of the federation, restor- and pursued those responsible for human
ing Central American unity was the major rights abuses in the 1980s. The Reina ad-
aim of Honduran foreign policy until after ministration effectively institutionalized the
World War I. The history of Honduras fol- rule of law in Honduras. In addition, it
lowing independence was characterized by made successful efforts to increase civilian
nearly 300 internal rebellions, coups, civil control over the armed forces. The nation-
wars, and changes of government. al police was transferred from military to
After the overthrow dictator of Anastasio civilian authority. Reina’s successor, Pres-
Somoza in Nicaragua in 1979, the Hon- ident Carlos Roberto Flores Facusse, took
duran military accelerated plans to return office on January 27, 1998. He is Hon-
the country to civilian rule. A new consti- duras’ fifth democratically elected president
tution was approved in 1982, and the gov- since free elections were restored in 1981.
ernment began a program of close Flores inaugurated programs of reform and
cooperation on economic, political, and mil- modernization of both the government and
itary issues with the United States. Hon- the economy. These programs focused on
duras became host to the largest Peace improving the lives of poorer citizens while
Corps mission in the world. During the maintaining the country’s fiscal health and
1990s, President Carlos Roberts Reina’s improving international competitiveness.

Poverty is widespread in Honduras, and many children live in substandard housing.


Honduras 251

HUMAN RIGHTS ally denies swift and impartial justice to


prisoners awaiting trial. In contrast, Hon-
The human rights record of Honduras has duras’ economic and political elites enjoy
significantly improved since the police were almost complete immunity from arrest or
separated from the military forces. Howev- criminal convictions, despite widespread
er, human rights violations from members corruption among them. If the wealthy and
of both the armed forces and the police are influential are arrested, bail is almost al-
still common. In particular, security forces ways granted, ostensibly for medical rea-
have been responsible for a number of ex- sons, while poor defendants are seldom
trajudicial killings of presumed criminals able to take advantage of this provision.
as well as for establishing neighborhood The constitution provides for freedom of
death squads. A significant increase in vi- speech and of the press, of peaceful as-
olent crime in recent years has stimulated sembly and association, and for all forms of
the growth of private, unlicensed guard ser- religious expression, and the government
vices and volunteer groups patrolling their largely respects these rights in practice.
neighborhoods or municipalities to deter Although the constitution bans discrim-
crime. The proliferation of private security ination based on race or sex, human rights
forces has made it more difficult to distin- violations against women, children, dis-
guish between homicides perpetrated by abled persons, and indigenous people are
security forces, private vigilantes, or com- widespread. Violence against women is
mon criminals. Mistreatment of those ar- commonplace, and only a few shelters are
rested and other abuses by the police maintained specifically for battered women.
continue to be a problem, despite the con- Women’s educational and career opportu-
stitutional prohibition of torture. Police nities are often limited because of cultural
beatings of street children are also wide- attitudes and family pressures.
spread. Authorities are unable to prevent the
Prison conditions are harsh and prison- abuse of street children and child laborers.
ers usually suffer from severe overcrowd- According to government estimates, only
ing, malnutrition, and a lack of adequate half of the 8,000 street children have shel-
sanitation. A number of prisoners have ter on any given day. Many street children
been subjected to various abuses, including are routinely molested sexually and 40 per-
rape. The destruction of prison facilities cent are engaged in prostitution. Many
and mass escapes are very common. Often, street children are HIV-positive and some
the mentally ill, as well as those suffering are addicted to sniffing glue. The number of
from tuberculosis and other infectious dis- street children has increased considerably
eases, are housed among the general prison due to Hurricane Mitch.
population because of the lack of alterna- There does not exist any specific statu-
tive facilities. Prisoners without money rou- tory or constitutional protection for dis-
tinely lack the most basic necessities and abled persons, and there is no legislation
legal assistance. requiring access for disabled persons to
Detainees do not always receive due government buildings or commercial es-
process, and lengthy pretrial detention is tablishments. The small communities of in-
common. The judicial system—which is digenous people have little or no ability to
often subject to outside influence—gener- participate in decisions affecting their
252 The Human Rights Encyclopedia

lands, cultures, traditions, and the alloca- In the aftermath of Hurricane Mitch, the
tion of natural resources. government temporarily suspended certain
Although workers have the legal right to civil liberties as an emergency measure in
form and join labor unions, as well as to accordance with the constitution. Civil lib-
strike and bargain collectively, the govern- erties were restored after four weeks.
ment does not enforce effectively all labor
Barbara and Michela Zonta
laws. Child labor is very common, especially
in rural areas and in the informal econo- Bibliography
my, as well as in the construction indus-
Amnesty International. Amnesty International
try. According to the Ministry of Labor an
Report 2000. New York: Amnesty Interna-
estimated 350,000 children work illegally.
tional Publications, 2000.
Many of them work as street vendors or in Central Intelligence Agency. The World Factbook
small workshops to supplement the family 1999. Washington, DC: Office of Public Af-
income. Moreover, the Ministry of Labor fairs, 1999.
does not enforce national health and safe- U.S. Department of State. Honduras Country
ty laws effectively, and there is no provision Report on Human Rights Practices for 1999.
allowing workers to leave a dangerous work Washington, DC: Bureau of Democracy,
situation without losing their job. Human Rights, and Labor, 2000.
Hungary
Hungary remained under Soviet influence
until the end of the 1980s. In the wake of
substantial political and economic reforms,
Hungary slowly developed into a Western-
style democracy. In 1990, the first free mul-
tiparty election was held.
The Republic of Hungary is a constitu-
tional parliamentary democracy. The pres-
ident is the head of state; he has few formal
powers, but he can appoint the prime min-
ister. The prime minister and the cabinet
hold the executive power. The unicameral
Parliament is comprised of 386 members
who are elected every four years. The judi-
ciary is independent.
Since the fall of the Soviet Union, Hun-
gary has been one of the most economical-
ly active countries of the former Eastern
block. The government has pushed through
significant market reforms. However, back-
The Republic of Hungary is located in central lashes from the former communist bu-
Europe. It is bounded on the north by reaucracy have heavily affected both
Czechoslovakia, on the northeast by the agriculture and industry.
Ukraine, on the east by Romania, on the
south by Yugoslavia and Croatia, and on the
HUMAN RIGHTS
west by Austria and Slovenia. Budapest is
the capital city. Hungary’s population of The constitution grants citizens all of the
slightly over 10 million includes Magyars (90 fundamental human rights. There are, how-
percent), Roma (4 percent), Germans (2 per- ever, problems in a number of areas. The
cent), Slovaks (1 percent), and others (1 per- police have committed human rights abus-
cent). The official language is Magyar. About es, such as harassment, using excessive
68 percent of the population is Roman force, and beating suspects. In 1998, a total
Catholic. The remainder are Calvinist (20 per- of sixty police officers were accused of
cent), Lutheran (5 percent), Jewish (1 per- abuse. Of these, approximately 10 percent
cent), and other religions (3 percent). to 15 percent were prosecuted and convict-
In 1918, Hungary achieved independence ed. Workers’ rights are generally respected.
from the Austro-Hungarian Empire and be- Prison conditions meet minimum human
came a republic. During World War II, Hun- rights requirements, but the prison system
gary was occupied by the Soviet army. is working at over 40 percent of its capaci-

253
254 The Human Rights Encyclopedia

ty, and overcrowding is occasionally the ing professions. Violence against women,
cause of human rights infringements. especially spousal abuse, is widespread, al-
Human rights monitors have encountered though a large number of violations are not
no difficulties inspecting such facilities. The reported to the authorities. Most of the pub-
law grants access to legal counseling to lic buildings are not accessible to the dis-
suspects. According to some reports, how- abled. However, a recent law mandates
ever, low-level authorities have sometimes accessibility within ten years.
denied this right. Hungary cooperates with the United Na-
Pretrial detention is limited to a maximum tions High Commissioner for Refugees and
of three years and bail is not granted to sus- other humanitarian organizations in as-
pects. The judicial system provides fair trials, sisting refugee and asylum seekers. The
although they are all quite lengthy. Free legal government has granted asylum to refugees
assistance is given to indigent citizens, from the former Yugoslavia. The govern-
though lawyers are not allowed to meet their ment has also estimated that around
clients until their first court appearance. 60,000 immigrants, mostly from Romania,
A 1998 public statement by Prime Min- live in the country without legal status. Sev-
ister Viktor Orban stated that some politi- eral humanitarian organizations operate
cians and their families were secretly under freely in the country, and authorities are
surveillance in 1997. In the wake of this usually responsive to their requests.
public statement, an investigation was
Barbara and Michela Zonta
opened and is still ongoing. Freedom of
peaceful public assembly is usually grant-
Bibliography
ed, although it has been denied if such
meetings are to be held near military facil- Amnesty International. Amnesty International
ities, government buildings, or embassies. Report 2000. New York: Amnesty Interna-
The Hungarian government generally en- tional Publications, 2000.
Central Intelligence Agency. The World Factbook
forces constitutional provisions against dis-
1999. Washington, DC: Office of Public Af-
crimination based on ethnicity or race.
fairs, 1999.
However, there have been some cases in-
U.S. Department of State. Hungary Country Re-
volving local authorities trying to force port on Human Rights Practices for 1999.
Roma to live in ghettos or to force them to Washington, DC: Bureau of Democracy,
leave the country. Human Rights, and Labor, 2000.
Women generally occupy low positions in ———. Hungary Country Report on Human Rights
business and government, though they are Practices for 1999. Washington, DC: Bureau of
well represented in the medical and teach- Democracy, Human Rights, and Labor, 2000.
Iceland
which can be traced to the Danish consti-
tution of 1849. The constitution has been
changed several times during the last forty
years, but it was not until 1995 that a
human rights chapter was introduced into
it. In the amended constitution several im-
portant improvements were made. For ex-
ample, equality of all before the law was
introduced, as well as a prohibition against
torture, ill treatment, and capital punish-
ment. The constitution also asserted the
right to freedom of expression and the
equality of women and men.
Iceland belongs to various international
organizations, including the United Nations
(UN), the Council of Europe, and the North
Atlantic Treaty Organization (NATO). Fur-
thermore, Iceland is very active in Nordic
cooperation. Iceland is a party to several in-
ternational and regional human rights
The Republic of Iceland is an island located in agreements. However, Iceland has a dualist
the North Atlantic Ocean. It was settled dur- legal system, meaning that international law
ing the ninth century, mostly by sea-borne and national law constitute distinct legal
Scandinavian warriors. Iceland became an in- systems. Iceland adhers to the legal doc-
dependent republic on June 17, 1944, after trine that international treaties do not as-
having been under the rule of different Scan- sume the force of domestic law, but rather
dinavian monarchies since 1262. Iceland is are only binding according to international
a constitutional republic and a multiparty law. The only human rights convention that
parliamentary democracy. The legislative and has been incorporated into law in Iceland is
executive powers are vested in the president, the European Convention for the Protection
the Parliament, and the government, with the of Human Rights and Fundamental Free-
president and the members of Parliament doms. In 1994, Iceland recognized the pow-
democratically elected. The official language is ers of the European Court of Human Rights
Icelandic and approximately 90 percent of the to rule on human rights cases in Iceland.
population belong to the National Lutheran
Church. The population of Iceland is approx-
HUMAN RIGHTS
imately 275,000.
Iceland has a written constitution dating It is generally assumed that Icelandic leg-
from June 17, 1944, the historical roots of islation is in harmony with the interna-

255
256 The Human Rights Encyclopedia

tional human rights instruments that have about two-thirds to three-quarters of the
been agreed to by Iceland. In no instance wages men receive, and the wage disparities
has a comprehensive comparison been are larger in the public sector than in the
made between domestic legislation and in- private sector.
ternational agreements to ensure confor- The most important area in which com-
mity. There are rights enshrined in the prehensive human rights legislation is lack-
United Nations’ International Covenant on ing is with respect to the rights of foreigners
Civil and Political Rights that provide fuller in Iceland, both for immigrants and for
protection of human rights than does do- refugees. The only law in force is the law on
mestic legislation, but these rights are not the surveillance of foreigners which dates to
guaranteed for Icelandic citizens because 1965, and it is insufficient to guarantee legal
of differences between national legislation rights to immigrants and refugees. Further-
and this international treaty. more, the law on the rights of foreigners to
In most instances legal protection of work in Iceland discriminates between for-
human rights in Iceland is adequate, but eigners coming from the European Economic
policies and allocations of funds to make Area (EEA) and those from other parts of the
those rights a reality is insufficient in many world. The law limits the rights of foreigners
areas. This is especially evident with re- from other than EEA countries to work in
spect to economic, social, and cultural Iceland, even though they may have perma-
rights. In the amended constitution of nent residence in Iceland and be married to
1995, there is little mention of social rights, an Icelandic citizen.
and protection of essential economic, so- There is no formal human rights educa-
cial, and cultural rights is absent. In fact, tion in Icelandic schools and public debates
suggestions from Icelandic non-government on human rights issues are a relatively re-
organizations (NGOs) that economic, social, cent phenomenon. There is no history of sys-
and cultural rights should be included in tematic and gross violations of human rights
the human rights chapter of the amended in Iceland, which for the last few hundred
constitution were dismissed. This position years has been a very peaceful society that
of the legislature contradicts the position does not have a national army and has not
Iceland has taken in the international suffered from civil wars or significant inter-
forum, where it has been an advocate for nal conflict. There is, therefore, relatively lit-
the universality of human rights and the tle awareness of human rights in Iceland,
equal importance of economic, social, and both among the public and the government.
cultural rights, and civil and political rights. One area that has a special need to be ad-
An example of an area in which imple- dressed is racism. In 1999, one of the major
mentation of legal rights is insufficiently daily newspapers in Iceland published a
guaranteed is the right to equal pay. In front page story expressing racist attitudes
spite of the laws guaranteeing women the against Asian immigrants to Iceland.
right to equal pay and the development of Civil society and non-governmental
detailed action plans, little progress has human rights organizations are becoming
been made, and women’s salaries are still more established in Iceland. Recently, two
substantially lower than men’s. Depending organizations were founded that are dedi-
on their levels of education, women receive cated to working for the rights of immi-
Iceland 257

grants in Iceland and to prevent racism. In Bibliography


1999, the voices of NGOs are becoming
Amnesty International. Amnesty International
stronger and are having a more positive ef-
Report 2000. New York: Amnesty Interna-
fect in the area of human rights, particu- tional Publications, 2000.
larly in the area of protecting the rights of Central Intelligence Agency. The World Factbook
vulnerable groups. It is anticipated that this 1999. Washington, DC: Office of Public Af-
development will continue in the coming fairs, 1999.
years. U.S. Department of State. Iceland Country Re-
port on Human Rights Practices for 1999.
Bjarney Fridriksdottir
Washington, DC: Bureau of Democracy,
India
and caste. Although 83 percent of its pop-
ulation is Hindu, India has more than 120
million Muslims, one of the largest con-
centrations in the world. The population
also includes Christians, Sikhs, Jains,
Buddhists, and Parsis. Hindi is the most
widely spoken language, although the gov-
ernment has recognized sixteen languages
as official, including English. The caste sys-
tem is a central feature of Indian society. It
traditionally numbered four main castes,
plus an additional group known as out-
castes, often referred to as “dalits,” or the
oppressed. Thousands of subcastes also
exist, and they include the majority of
India’s population.

HISTORICAL BACKGROUND
The last four centuries of India’s history were
The Republic of India, which is located in dominated by British colonialism. In the early
South Asia, is formed by twenty-five states 1600s, the British opened permanent trading
and seven union territories. Although India’s stations in Madras, Bombay, and Calcutta.
territory occupies only 2.4 percent of the Over the next hundred years they expanded
world’s land area, it supports over 15 per- their influence throughout most of present-
cent of the world’s population. India has an day India, Pakistan, and Bangladesh.
estimated population of more than 1 billion. Efforts at self-government began in the
Over the course of thousands of years, India late 1800s, when Indian councilors were
has been exposed to a variety of peoples and appointed to advise the British viceroy, and
cultures through innumerable invasions several provincial councils with Indian del-
from the Iranian plateau, central Asia, Ara- egates were established. In 1920, Mahat-
bia, Afghanistan, and the West. The result- ma Gandhi began recasting the Indian
ing ethnic mix features Indo-Aryans (72 National Congress from just a political
percent), Dravidians (25 percent), Mon- party to a mass movement dedicated to
goloids (2 percent), and others. Each of these achieving complete independence from
groups is divided into many subsidiary eth- Great Britian. Led by Gandhi, the Congress
nic, religious, and cultural subgroups. Party used parliamentary methods, non-vi-
India’s social and political organization olent resistance, and non-cooperation to
is greatly determined by religion, language, force the British to leave.

258
India 259

On August 15, 1947, India became an in- tic republic” and has a federal form of gov-
dependent dominion within the British ernment. The bicameral federal parliament
Commonwealth. British India was parti- consists of the Rajya Sabha (Council of
tioned into Muslim Pakistan in the north, States) and the Lok Sabha (House of the
and Hindu India in the south. After inde- People). The government exercises its broad
pendence, the Congress Party—the party of administrative powers in the name of the
Mahatma Gandhi and Jawaharlal Nehru— president, whose duties are largely cere-
ruled India under the influence first of monial. The president and vice president
Nehru, then under that of his daughter In- are elected indirectly for five-year terms by
dira Gandhi (no relation to Mahatma Gand- a special electoral college. The national ex-
hi), and later under that of his grandson ecutive power is centered in the Council of
Rajiv. India’s democracy was real, but it Ministers (the cabinet), led by the prime
was dominated by the Nehru family’s wide- minister. The judicial system resembles
spread popularity. that of Anglo-Saxon countries. The
Rajiv Gandhi’s government was brought Supreme Court consists of a chief justice
down in 1989 by allegations of corruption. and twenty-five other justices, all appoint-
He was later assassinated on May 27, 1991, ed by the president on the advice of the
by Tamil extremists from Sri Lanka while prime minister.
he was campaigning in Tamil Nadu. The India boasts the world’s fifth-largest
1991 elections were won under the leader- economy in terms of purchasing power par-
ship of P.V. Narasimha Rao—the first Con- ity, despite its relatively low gross national
gress Party prime minister in thirty years product (GPD). It is currently undergoing a
not connected to the Gandhi/Nehru fami- transition from a government-controlled
ly. Rao’s government served for a period of economy to one that is largely market ori-
five years, during which a gradual process ented. The private sector dominates in agri-
of economic liberalization and reform culture, most non-financial services,
began, along with a transformation of consumer goods manufacturing, and some
India’s domestic politics. heavy industry. Income distribution is still
The March 1998 elections were won by very unequal. About 62 percent of the
the Bharatiya Janata Party (BJP), which population depends directly on agricul-
formed a coalition with several regional par- ture—wheat, rice, coarse grains, oilseeds,
ties. The BJP is a Hindu nationalist party sugar, cotton, jute, and tea—and more
that preaches a doctrine of Hindu chau- than 35 percent of the population lives
vinism. Its victory may portend changes for below the poverty line. A large and grow-
the previously pluralistic nation (although ing middle class of 150 million to 200
many Indians seem to have voted for the million has disposable income for con-
BJP less because of its Hindu nationalism sumer goods. Industry—textiles, jute,
and more because of the Congress Party’s processed food, steel, machinery, trans-
political corruption). port equipment, cement, aluminum, fer-
tilizers, mining, petroleum, chemicals,
and computer software—and the service
GOVERNMENT AND ECONOMY
sectors are growing in importance and
According to the 1950 constitution, India account for 29 percent and 42 percent of
is a “sovereign, socialist, secular, democra- GDP, respectively.
260 The Human Rights Encyclopedia

HUMAN RIGHTS such missing persons have often been


found dead. Thousands of people are held
Despite extensive constitutional and statu- by the military and paramilitary forces in
tory safeguards, there are many human long-term, unacknowledged detention in in-
rights abuses in India, some of which can terrogation centers and transit camps in
be traced to intense social tensions, seces- Jammu and Kashmir, as well as in the
sionist movements, and security forces’ northeast. These camps are supposedly in-
attempts to repress these elements. Extra- tended for only short-term confinement.
judicial executions and political killings— Human rights groups are afraid that many
including deaths while in custody—as well of these unacknowledged prisoners are
as excessive use of force, disappearances, subject to torture and extrajudicial killing.
torture, and rape by security forces have A number of reports have documented that
been reported, particularly in Jammu and police throughout the country often do not
Kashmir, whose judicial system has been file required arrest reports. Hundreds of un-
disrupted by the armed conflict between solved disappearances occur, and relatives
government forces and armed separatist often claim that individuals taken into police
groups. Impunity, or freedom from fear of custody and are never heard from again.
punishment has been and remains a seri- Although the law prohibits torture and
ous problem in such areas. Despite the confessions extracted by force are general-
record of abuses, the Indian defense min- ly inadmissible in court, torture is common
ister told Parliament that during the first throughout the country. Authorities sys-
half of 1998 (when many of the abuses oc- tematically use torture during interroga-
curred), no members of the army had been tions both for punishment and to extort
prosecuted and punished for any of these money. Rape is also common as part of the
crimes, nor had any compensation been broader pattern of custodial abuse. Al-
paid to the victims or their families. though explicit guidelines exist on the ar-
The dispute over Jammu and Kashmir rest, search, and police custody of women,
stems from the desire of many Kashmiris rape still occurs systematically.
to be free from Indian control, or to merge Prisons operate above capacity and are
with Pakistan. (The population of Jammu often severely overcrowded because the court
and Kashmir, like that of Pakistan, is heav- system itself is overloaded. The result has
ily Muslim.) Indian nationalists are loathe been the detention of thousands of persons
to let this region secede, and have even awaiting trial for periods longer than they
fought battles over it, part of which is now would receive as sentences if convicted. Pris-
under Pakistani control. oners may be held for months or years be-
The Jammu and Kashmir Disturbed fore obtaining a trial date. Furthermore, food
Areas Act of 1990, which has been in force and medical care in prisons are inadequate.
in several districts in Andhra Pradesh, gives The government supposedly respects the
police extraordinary powers of arrest and right of freedom of religion, but in the effort
detention. Police officials in these areas to gain support of fundamentalist Hindus,
rarely if ever are held accountable for the persecution of religious minorities—par-
human rights abuses. According to human ticularly of Muslims in Kashmir and of
rights groups, security forces have also kept Sikhs in Punjab—has been de facto nation-
prisoners in incommunicado detention, and al policy for decades. Since the mid-1960s
India 261

Traditional marriage ceremony of children in India. Child marriage is common in some communities.

India has refused to admit new resident for- human rights activists in Jammu and Kash-
eign missionaries. In addition, tension be- mir, fearing threats by militants and secu-
tween Hindus and Muslims continues to rity forces, have been unable to move
pose a challenge to the secular foundation around the state to document human rights
of the state. In 2000, as in most earlier violations. International human rights
years, there were several reports docu- groups have had difficulty in obtaining visas
menting attacks on Christians, Muslims, to visit India for research purposes.
and other religious minorities, especially in Despite laws designed to prevent dis-
the Gujarat state. Many of the attacks were crimination based on ethnicity, religion, and
allegedly carried out by members of militant language, other laws coupled with social
Hindu groups. and cultural practices, promote discrimi-
Citizens may emigrate without restriction nation. According to the National Commis-
and enjoy freedom of movement within the sion for Scheduled Castes and Scheduled
country except in certain border areas Tribes, caste clashes are common in Uttar
where special permits are required. The gov- Pradesh, Bihar, and Tamil Nadu. In gener-
ernment prohibits the foreign travel of some al, strong prejudice still exists against dal-
government critics, especially those advo- its—also called “untouchables”—by the
cating Sikh independence. On occasion, members of India’s other castes. While the
262 The Human Rights Encyclopedia

government officially condemns racist at- fetuses occurs. In India, as in China, there
tacks on dalits, they often do little to pre- are more men than women because infant
vent them. Dalits today, like African girls are either aborted or killed at birth.
Americans in the United States in the The rights of indigenous groups in east-
1950s, still do not have equal political and ern India are often ignored. These people
social standing with higher-caste Indians. have been deprived of their land, suffer
Although many laws protect the rights from discrimination and harassment, and
of women—including the Equal Remuner- are often subject to torture and arbitrary
ation Act, the Prevention of Immoral Traf- arrest. Mob lynchings, arson, and police
fic Act, the Sati (widow-burning) Prevention atrocities against tribal people occur in
Act, and the Dowry Prohibition Act—the many states. There has been encroachment
government often fails to enforce these on tribal land throughout eastern India by
laws, especially in rural areas where tra- both illegal immigrants from Bangladesh
ditions remain deeply rooted. Domestic vi- and businesses that have removed forest
olence is very common and dowry disputes and mineral products without authoriza-
pose a serious problem. In the typical dis- tion. Moreover, persons from other back-
pute, a groom’s family members harass a grounds often usurp places reserved for
woman whom they believe has not provid- members of tribes and lower castes in na-
ed a sufficient dowry. This harassment tional education institutions.
often results in the woman’s death, which Enforcement of safety and health stan-
family members usually try to portray as a dards in the workplace remains lax. The law
suicide or kitchen accident. Prostitution is does not provide workers with the right to
widespread, and many indigenous tribal remove themselves from work situations that
women are forced into prostitution. Ac- endanger their health and safety without
cording to women’s rights organizations jeopardizing their continued employment.
and non-governmental organizations, more Freedom of the press exists in India.
than 7,000 women and children are Newspapers and magazines regularly pub-
brought into the country annually from lish investigative reports on human rights
neighboring states for the sex trade. A violations and allegations of government
1996 study documented that organized wrongdoing. In contrast, television and
crime plays a major role in this trade, and radio, which are government monopolies,
that those women and children are sub- are frequently accused of manipulating the
ject to extortion, beatings, and rape. news to benefit the government. A govern-
Child prostitution also constitutes a ment censorship board reviews films before
major problem. There are an estimated licensing them for distribution and deletes
500,000 street children nationwide. material that portrays the government in
The traditional preference of Indian fam- an unfavorable light.
ilies for male children continues. Although In recent years, India has made minimal
a 1994 law prohibits the use of amniocen- progress in resolving its human rights
tesis and sonogram tests for sex determi- problems. In Punjab, the serious abuses of
nation, the tests are widely misused for this the early 1990s were acknowledged and
purpose, and termination of a dispropor- condemned by the Supreme Court. Ongo-
tionate number of pregnancies with female ing prison visits to Jammu and Kashmir by
India 263

the International Committee of the Red Bibliography


Cross have demonstrated at least some gov-
Amnesty International. Amnesty International
ernment openess on human rights prob-
Report 2000. New York: Amnesty Interna-
lems. However, researchers for international tional Publications, 2000.
human rights organizations such as Central Intelligence Agency. The World Factbook
Amnesty International and Human Rights 1999. Washington, DC: Office of Public Af-
Watch are not permitted to visit certain fairs, 1999.
areas of the country where human rights U.S. Department of State. India Country Report
violations are the worst. on Human Rights Practices for 1999. Wash-
ington, DC: Bureau of Democracy, Human
Michela Zonta
Rights, and Labor, 2000.
Indonesia
mits the practice of the traditional beliefs
of Aliran Kepercayaan.

BACKGROUND
Indonesia became a Dutch colony in the
seventeenth century, with the exception of
East Timor, which remained under Por-
tuguese rule until 1975. The Japanese oc-
cupied Indonesia during World War II and,
after their surrender to the Allies in August
1945, a small group of Indonesians pro-
claimed independence and established the
Indonesian Republic. A provisional govern-
ment and constitution were adopted until
elections could be held. Four years of ne-
gotiations and warfare with the Dutch re-
sulted in the recognition of an independent
Indonesian government.
President Sukarno, a former leader of the
independence movement, ruled from 1945
The Republic of Indonesia is located in to 1965. When the constitutional assembly
Southeast Asia. It is made up of 13,500 is- failed to draft a new constitution, Sukarno
lands situated between the Indian and the imposed an authoritarian regime and es-
Pacific oceans. Jakarta is the capital city. tablished a foreign policy characterized by
Indonesia has a population of approxi- non-alignment with either the Western or
mately 200 million people. Ethnic groups the Soviet blocks. However, he also moved
include Javanese (45 percent), Sundanese closer diplomatically to Asian communist
(14 percent), Madurese (7.5 percent), coastal states and supported the domestic Indone-
Malays (7.5 percent), and others (26 per- sian Communist Party, which achieved
cent). Bahasa Indonesian is the official lan- control of many cultural and civic organi-
guage, although each group also speaks a zations. Under his rule, many human rights
local language. The majority of the popula- violations were committed.
tion is Muslim (87 percent), with the bal- In 1967, General Suharto overthrew
ance being Protestant (6 percent), Roman Sukarno and changed Indonesian domes-
Catholic (3 percent), Hindu (2 percent), tic and foreign policies. As president,
Buddhist (1 percent), and other religions (1 Suharto pursued closer ties with the Unit-
percent). In addition, the government per- ed States and moved Indonesia in the di-

264
Indonesia 265

economic and political situation in Indone-


sia. Student protests and civil unrest forced
Suharto to resign in May 1998. His succes-
sor, B. J. Habibie, immediately implement-
ed an economic plan based on international
financial support, and took political actions
aimed at easing some of the restrictions im-
posed on civil liberties. In addition, he an-
nounced that the people of East Timor could
decide their own future.
In June 1999, elections for the national,
provincial, and subprovincial Parliaments
were held in what was internationally rec-
ognized as a free and fair climate. Indone-
sia, Portugal, and the United Nations
signed Tripartite Agreements under which
the East Timorese people could vote to ac-
cept or reject autonomy within Indonesia.
The balloting took place on August 30,
1999, and the majority of the East Timor
population voted in favor of independence
from Indonesia. The United Nations had
been given provisional authority before the
transition was completed. However, after
East Timorese woman in a highland village. In the
the results were announced, pro-Indone-
background are Indonesian soldiers. December sian armed groups, backed by the Indone-
1993. sian military, committed numerous human
rights abuses in revenge for the East Tim-
rection of a capitalist-style economy. As a orese vote to leave Indonesia.
former head of the armed forces, he main- Although increasingly dominated by the
tained an authoritarian political system private sector, the government has always
with the support of the military, but he was played a significant role in the economy of
also open to advice from Western econom- the country. Indonesia still suffers from the
ic experts. In 1975, Indonesian troops Asian financial crisis of mid-1997. Massive
forcibly occupied East Timor. The United unemployment, widespread corruption, ex-
Nations did not recognize the occupation of treme poverty, and food shortages are among
this territory by Indonesia. The East Timo- the most significant problems. Others symp-
rese resisted Indonesian rule, and in the toms of social breakdown include a rise in
years that followed, serious human rights crime and looting. Economic reforms are
violations were committed in East Timor, being attempted, financed largely by private
including extrajudicial killings, torture, and investment, both foreign and domestic.
“disappearances.” Indonesia has been a member of the
The 1997 Asian financial and economic United Nations since 1950. Although main-
crisis exacerbated the already precarious taining a position of non-alignment, Presi-
266 The Human Rights Encyclopedia

dent Habibie has sought constructive rela- abusive techniques. Before the recent with-
tions with many nations including the Unit- drawal of Indonesian troops from East
ed States, Western Europe, Australia, and Timor, security forces regularly detained
Japan. Indonesia has participated in the civilians for interrogation in extralegal mil-
Association of Southeast Asian Nations itary detention centers, tortured them, and
since its founding in 1967. released them after several days.
The 1945 constitution provides for a lim- The criminal code contains provisions
ited separation of powers. The president— against arbitrary arrest and detention, but
the dominant government and political authorities regularly violate them. In addi-
figure—is elected by the People’s Consulta- tion, authorities sometimes make arrests
tive Assembly, which consists of 500 mem- without warrants and often violate the law
bers of the House of Representatives, 135 requiring that families of detainees be notified
provincial representatives, and sixty-five promptly of their detention. The authorities
representatives appointed by social and regularly extend periods of detention. In
community groups. Although the constitu- areas where guerrilla movements are active,
tion stipulates its independence, the judi- people have been detained without warrants,
ciary is subordinated to the executive and charges, or court proceedings. Prisoners are
the military. Judges are usually paid by the often denied a fair trial.
executive branch, and their low salaries en- Freedom of speech is limited in Indone-
courage widespread corruption. Bribes can sia. People are prosecuted every year for
influence prosecution, conviction, and sen- peacefully expressing views contrary to
tencing in civil and criminal cases. Under a those of the government. Among prisoners
doctrine known as “dual function,” the mil- serving sentences for subversion are mem-
itary assumes a sociopolitical as well as a bers of the banned Communist Party of In-
security role. donesia, Muslim militants, and those
convicted of subversion in Irian Java, Aceh,
and East Timor.
HUMAN RIGHTS
Although judicial warrants for searches
The nation’s human rights record contin- are generally required, security forces reg-
ues to be extremely poor, especially in East ularly make forced entries, engage in sur-
Timor, where the situation became critical veillance of persons and residences, and
following the August 1999 ballot. Political- monitor local and international telephone
ly related extrajudicial killings by security calls without legal restraint.
forces are common in areas where sepa- Despite the constitution’s provisions for
ratist movements are active—East Timor, freedom of the press and speech, some se-
Aceh, and Irian Jaya. Mass graves have rious restrictions and monitoring are still
been found in Aceh. The police often em- common, although the government’s re-
ploy deadly force when dealing with sus- spect for these rights has recently im-
pects or alleged criminals. proved. As far as foreign publications and
Disappearance is also very common, and, videotapes are concerned, a review of sig-
although the criminal code prohibits tor- nificant amounts of such material by gov-
ture as well as other degrading forms of ernment censors still occurs. For example,
punishment, in practice security forces most books by former political prisoner
continue to employ torture as well as other Pramoedya Ananta Toer are banned.
Indonesia 267

The government significantly restricts the The Indonesian government restricts


practice of free assembly, although it has movement by citizens and foreigners to and
eliminated the permit requirements for within parts of the country. Population
some types of public meetings. The consti- movement to crowded cities is closely mon-
tution also provides for freedom of associ- itored. The government sponsors a trans-
ation, but the government places significant migration program seeking to resettle
controls on the exercise of this right. Ac- people from densely populated areas to
cording to the 1985 Social Organizations sparsely populated areas outside Java. Spe-
Law, all organizations, including recognized cial permits are required to visit certain
religions and associations, are required to parts of the country, such as Irian Jaya,
adhere to the ideology of “Pancasila” (the and some former prisoners are still required
official belief system of Indonesia, which to obtain permission if they want to move.
mixes religion, civic duty, and nationalism Although the constitution stipulates
together). By limiting political activity, this equal rights and obligations for all citizens,
provision is designed to inhibit groups from both native and naturalized, there is no ex-
engaging in democratic political activities plicit law against discrimination based on
that are believed to act against government gender, race, disability, language, or social
ideology. Such organizations are usually status.
disbanded by the authorities. According to marriage law, the man is
The government generally respects reli- the head of the family. Further, cultural
gious freedom and the practice of five out of norms dictate that problems between hus-
six officially recognized religions—Islam, bands and wives are private matters, and
Catholicism, Protestantism, Buddhism, and rape of a wife by a husband is not consid-
Hinduism. Persons from other religions ered a crime. Social changes brought about
generally have difficulty having their mar- by rapid urbanization as well as by the eco-
riages officially recognized. Because the nomic crisis have significantly aggravated
first tenet of Pancasila is belief in one the problem of domestic violence. Domestic
supreme god, the government forbids athe- violence is believed to be seriously under-
ism. A number of religions are banned, in- reported. Similarly, rape is significantly un-
cluding Jehovah’s Witnesses, Bahai, derreported due to the social stigma
Confucianism, and the messianic Islamic attached to the victim. Harassment is not a
sect Darul Arqam. Furthermore, the gov- crime, although sexual harassment charges
ernment closely monitors Islamic sects de- can damage a civil service career. Traffick-
viating from orthodox tenets, and strongly ing in women and temporary contract mar-
opposes Muslim groups advocating an Is- riages with foreigners are common, and
lamic state. Minority houses of worship prostitution is widespread. Female domes-
often become targets of damage and de- tic servants are particularly vulnerable to
struction during riots. Proselytizing by rec- exploitation and abuse. The majority of
ognized religions in areas heavily dominated women face economic discrimination. They
by another recognized religion is generally generally receive lower wages than men,
discouraged because it is viewed as poten- and are represented disproportionately at
tially disruptive. Foreign missionaries are the bottom of the socioeconomic scale. In
usually allowed to spend only a limited addition, women often are not given the
number of years in Indonesia. extra benefits and salary that are their due
268 The Human Rights Encyclopedia

when they are the head of a household. system for juveniles does not exist, juve-
Women taking maternity leave are often niles are often imprisoned with adults. The
dismissed or replaced, and some compa- ceremonial practice of female genital muti-
nies require that women sign statements lation in babies or young girls still occurs in
that they do not intend to become pregnant. some parts of Indonesia, although it ap-
A disproportionate number of women ex- pears to be declining.
perience illiteracy, poor health, and inade- The disabled face considerable discrimi-
quate nutrition. nation in employment as well as in other
Provisions on child protection have not areas, such as access to education. As of
yet gone into effect. Child labor is very com- 1999, virtually no buildings or public trans-
mon, and the number of working children portation had been designed to include ac-
and street children has increased as a re- cessibility for the disabled.
sult of the economic crisis. Many children The rights of indigenous people are often
work under hazardous conditions. Child violated, especially in the case of the gov-
prostitution and other forms of sexual ernment’s migration program which, ac-
abuse are a serious problem, and the gov- cording to critics, threatens indigenous
ernment has made strong efforts to prevent cultures and sparks social envy. Migrants
this. Because a separate criminal justice are often settled on land of disputed own-

A Jakarta slum. The children are playing near a toilet that is built over the canal.
Indonesia 269

ership, causing significant tensions to arise. tigations and criticism of alleged human
When indigenous people clash with com- rights violations are generally viewed as in-
mercial/private sector development pro- terfering in the internal affairs of the gov-
jects, wealthy developers usually win. ernment, and foreign human rights
The constitution provides for the right of observers are harassed.
association and collective bargaining, al-
Barbara and Michela Zonta
though the Department of Manpower sup-
ports unions only within the context of the Bibliography
national ideology, Pancasila.
Amnesty International. Amnesty International
Domestic human rights organizations
Report 2000. New York: Amnesty Interna-
are active in pressing the government to
tional Publications, 2000.
respect human rights, although they are
Central Intelligence Agency. The World Factbook
still subject to monitoring by authorities. 1999. Washington, DC: Office of Public Af-
The government appointed National fairs, 1999.
Human Rights Commission has been ac- U.S. Department of State. Indonesia Country
tive in examining reports of human rights Report on Human Rights Practices for 1999.
violations, although it lacks enforcement Washington, DC: Bureau of Democracy,
powers. By contrast, foreign-based inves- Human Rights, and Labor, 2000.
Iran
Balochies, and Turkmens forming other
sizeable minorities. Nearly 99 percent of the
population are Muslim (89 percent Shi’a),
with Zoroastrians, Jews, Christians, and
Bahais making up the other 1 percent.

BACKGROUND
Since the revolution against the Shah of
Iran in 1979, the country has been run as
the Islamic Republic of Iran, a theocracy
with a legal system based on traditional Is-
lamic law. Opposition and secular political
groups have been systematically repressed
over the years. Many disbanded and were
forced to go underground or move out of the
country. Among the most notable of such
groups (now largely active only outside Iran)
are the Mojahedin-e Khalq Organization
(MKO), the People’s Fedayeen, and the De-
Iran is a Middle Eastern country that is mocratic Party of Iranian Kurdistan. MKO
bordered by the Persian Gulf on the south had been locked in a fierce armed struggle
and the Caspian Sea on the north. It is with the government since 1981, inflicting
slightly larger than Alaska. It has common heavy losses by means of bombings, assas-
borders with Iraq, Turkey, Armenia, Azer- sinations, and armed incursions. It also
baijan, Turkmenistan, Afghanistan, and suffered the bulk of the government’s re-
Pakistan. The climate is mostly arid or pression in the form of mass executions of
semiarid, although it is subtropical along thousand of its members and supporters.
the Caspian coast. The terrain is rugged. It is now based in the neighboring country
Only 10 percent of the land is arable, with of Iraq, with a regular army of several thou-
pastures, forests, and woodlands covering sand equipped with heavy armor.
another 35 percent. The other 55 percent of Iran has some democratic forms—an
the land is covered by deserts. elected Parliament and president—but most
The country has a population of 65 mil- of the political power is in the hands of the
lion, 34 percent under fifteen years of age. Muslim clergy, led by a senior ayatollah (re-
The population growth rate is 2.4 percent. ligious leader). It was the influence of the
Just over half of the population is Persian, first ayatollah, the Ayatollah Khomeini, that
with Azerbaijanis forming the largest mi- inspired the overthrow of the Shah of Iran in
nority (24 percent), and Kurds, Arabs, Lurs, 1979. Khomeini ruled as Iran’s religious

270
Iran 271

leader until his death in 1989, when he was national laws and human rights rules. Less
replaced as supreme religious leader by the than a year after the revolution, in Novem-
Ayatollah Khamenei. ber 1979, fifty-two members of the United
States embassy staff were taken hostage in
Tehran and kept imprisoned, with the com-
HUMAN RIGHTS
plicity of the government, for 444 days. In
The early years after the 1979 revolution February 1989, Ayatollah Khomeini, the
were marked by great political upheavals supreme leader, pronounced a death sen-
and a devastating war with Iraq that tence on Salman Rushdie, the British au-
lasted for eight years. Shortly after the thor of the novel The Satanic Verses, and
revolution, the religious autocracy of the ay- others involved in the publication of his
atollahs came into power and began clamp- book. Soon afterward, the Japanese trans-
ing down on all opposition parties. Severe lator of the book was assassinated and both
restrictions on the rights of women and var- its Italian translator and its Norwegian pub-
ious minorities were initiated, and the death lisher were injured in terrorist attacks. Over
penalty was introduced for crimes such as the years, scores of Iranian dissidents have
apostasy and unlawful sexual relations. been slain in various countries in Europe,
Physical punishments, such as flogging, am- North America, and Asia in what is gener-
putation, and stoning to death, were intro- ally assumed to be the work of government-
duced for a variety of crimes from drinking sponsored hit squads. In 1996, a court in
alcohol to theft and illicit sexual relations. Berlin, Germany, implicated four top Iran-
Political executions in the early 1980s ian officials—the ayatollah, the president,
numbered as high as thousands a year. and the intelligence and foreign ministers—
Moreover, large-scale executions were car- in the 1992 assassination in a Berlin
ried out for narcotics crimes. In 1988, soon restaurant of four leaders of an opposition
after the end of Iran-Iraq war, an estimat- group.
ed 2,500 people were executed—clearing Because of its abysmal human rights
political prisoners from prisons throughout record, both internally and international-
the country. Over the years, many citizens ly, Iran has been the subject of constant
have also been executed for their religious criticism by various international bodies. It
beliefs, including hundreds of followers of is the government most criticized by the
Bahai, a religious minority not recognized United Nations. The United Nations Com-
by the government. Though the number of mission on Human Rights (UNCHR) has
executions greatly decreased in the 1990s, condemned Iran’s human rights record in
Iran has consistently maintained its posi- its annual sessions every year for the last
tion among the top five countries having nineteen years. In 1984, it appointed a spe-
the highest number of executions. Almost cial representative to report annually on the
all executions have been carried out after situation of human rights in Iran. The man-
summary trials with no defense lawyers date of the representative has been ex-
present. Torture of political prisoners has tended every year since then. Over the last
been widely used and many deaths under twenty years, repeated requests by human
torture have been reported. rights bodies such as Amnesty Interna-
Internationally, the clerical government tional to visit Iran have all been denied, and
was also involved in acts contrary to inter- even the UNCHR representatives have been
272 The Human Rights Encyclopedia

allowed to enter the country only a few deviates from this traditional law may be
times over the last fifteen years. brutally punished by being stoned to death
However, since May 1997, when the re- publicly—the officially sanctioned and fre-
formist Mohammad Khatami was elected quently executed punishment for extra-
president, a new atmosphere of openness marital affairs.
has been evident. Scores of new publica- Inside marriage, the man is given a free
tions have been licensed and subjects hith- hand in controlling his wife or wives. Mari-
erto deemed untouchable have been tial rape is sanctioned (as no consent is re-
brought into the public domain. Limited po- quired for sexual relations inside marriage)
litical activities are allowed for those who and even wife beating may be tolerated. A
do not oppose the clerical regime. In Feb- woman’s freedom of movement and choice
ruary 1999, the first elections for local and of jobs may be restricted by her husband,
municipal councils were held. Nevertheless, and his permission is required for obtain-
despite Khatami’s reforms, most power still ing official travel documents. The law gives
resides with the Muslim clergy and their very few rights to women in sharing the de-
leader, the Ayatollah Khamenei. cisions of married life and with regard to
the custody of children.
In divorce, too, men have almost a free
WOMEN
hand. The grounds on which a man can di-
Women were one of the groups to suffer the vorce his wife are almost unlimited, while
most from the creation of an Islamic re- only in very unusual circumstances can a
public in Iran. According to Iran’s Muslim woman file for divorce. Divorce law also in-
clergy, women should be treated as second- flicts huge financial and emotional blows
class citizens, with no political rights and on the woman. The woman has to forfeit al-
few economic rights. Severe restrictions on most all financial claims if she files for di-
women are still in place. Iranian women vorce, while the settlement she receives if
suffer from a variety of discriminatory and the divorce is initiated by the man is still
restrictive laws. They must follow a very very limited. Women who divorce are usu-
strict set of dress codes. They are discrim- ally deprived of the custody of their chil-
inated against in jobs, education, inheri- dren. Within and outside marriage, even
tance, marriage, and justice. The law values the child’s grandfather is given priority over
a woman’s testimony in courts at half that the child’s mother in custody matters.
of a male’s testimony and rates her mur- The plethora of discriminatory laws
dered body, when it comes to paying com- against women has created favorable con-
pensation for her or death, at half that of a ditions for widespread abuses practiced
man’s body. against women. Women have no effective
Laws governing marriage are among the recourse to the law in cases where they are
most regressive in the world in terms of dis- abused, beaten, or raped. Many incidents of
crimination against women. While males rape outside marriage go unreported be-
are allowed to have up to four wives at a cause of the justifiable fears of the victim of
time in permanent marriage, and an un- being “dishonored” and cursed, or even
limited number of women in what is known murdered by members of her own family
as “temporary” marriage, strict monogamy and friends. She may also be prosecuted
is expected from women. Any woman who by the government, and brutally punished
Iran 273

by whipping or by being stoned to death, if authority of the religious leader. Other po-
she is judged by the court as being a will- litical parties, brutally suppressed in the
ing partner in the rape. early years after the revolution, are still
banned.
The press, though more vociferous in re-
RELIGIOUS DISCRIMINATION
porting and expressing opinions than it was
Iran practices an official policy of discrim- under the Ayatollah Khomeini, is never-
ination on the basis of religion. Islam is theless tightly regulated and continuously
regarded as the official religion. Some mi- harassed by the clergy-dominated judicia-
nority religions such as Judaism and ry. A spate of political killings in late 1998
Zoroastrian are also recognized and toler- led to the revelation that they were orga-
ated, but others are not. nized and carried out by top officials of the
As a result, followers of the largest mi- information ministry.
nority religion in Iran, the Bahai, with an Tensions between the reformist president
estimated population of up to 300,000, and his conservative opponents in the ju-
have been systematically persecuted as diciary and Parliament have at times
renegades. They are denied the most basic threatened the fragile state of limited polit-
rights in jobs, education, and property, and ical openness. Extrajudicial killings and
have been executed on various charges other attacks carried out by the unofficial
ranging from espionage to apostasy. Hizbollah (Party of God) against the politi-
Followers of other minority religions have cal and secular opposition have inhibited
been subjected to discrimination and per- many from organizing political opposition
secution, though on a smaller scale. Elec- to the regime.
tions to the “Islamic” National Assembly are Iran’s civil and criminal laws are generally
carried out on religious lines, with followers based on Shari’a, traditional Islamic law.
of recognized minority religions allowed These cover large areas such as strict dress
only to vote for a candidate of their own codes (especially for women), what one is al-
faith. Scores of Jews have been persecuted lowed to eat or drink, sexual behavior, and
and jailed on charges of spying for Israel even what one may think and believe in.
and some have been executed. A number Apostasy is regarded as an offense against
of Christians have also been persecuted or God, and people have been punished by
executed on religious charges, such as try- death for this crime. All sexual activities out-
ing to convert Moslems to Christianity. side marriage are deemed criminal, with
Even Sunni Muslims, (population 10 per- punishments ranging from flogging to death.
cent), are discriminated against in govern- Adulterers (mostly women) are stoned to
ment jobs and education. death. Homosexuality is also a capital crime
punishable by death.
Religious affiliation and gender are also
POLITICAL AND SOCIAL FREEDOM
relevant factors in the punishment of a
Although a degree of political freedom has criminal. Sexual relations between a un-
been in evidence since the election of Pres- married couple are punished by flogging—
ident Khatami, this is largely limited to except when the man is a non-Muslim and
groups loyal to the principle of the supreme the woman is a Muslim; in such a case the
274 The Human Rights Encyclopedia

man is executed. Also, murder is punished ed beatings with hands, feet, and sticks;
by death, except when a Muslim kills a flogging with whips; sleep deprivation, at
non-Muslim, in which case, the punish- times combined with being forced to stand
ment is usually less severe. for long periods; exposure to loud noises;
lack of food; and threats to relatives.
The death penalty continued to be wide-
CURRENT HUMAN RIGHTS
ly used, often imposed for vaguely worded
VIOLATIONS
offenses—including political offenses and
As late as 2000, according to Amnesty Inter- those relating to freedom of belief—fre-
national, hundreds of political prisoners, in- quently after unfair trials. Scores of execu-
cluding prisoners of conscience, were being tions, including a number carried out in
held. Reports of torture and ill treatment con- public, were reported.
tinued to occur and judicial punishments of The UN Commission on Human Rights
flogging and stoning continued to be im- Special Representative for Human Rights
posed. Reports also suggested that possible in Iran continues to be denied access to the
“disappearances” and extrajudicial execu- country.
tions had occurred. Amnesty International
Hossein B. Zadeh
recorded 165 executions, including at least
one prisoner of conscience. However, the true Bibliography
number may be considerably higher.
Political prisoners continued to receive Amnesty International. Amnesty International
unfair trials. Detainees were reportedly de- Report 2000. New York: Amnesty Interna-
tional Publications, 2000.
nied access either to any legal counsel or
Central Intelligence Agency. The World Factbook
to a lawyer of their choice, despite legisla-
1999. Washington, DC: Office of Public Af-
tion providing for the right to legal repre-
fairs, 1999.
sentation. Human Rights Watch. World Report 2000. New
Trials before special courts, such as the York: Human Rights Watch, 2000.
Special Court for the Clergy, continued to U.S. Department of State. Iran Country Report
fall far short of international standards. on Human Rights Practices for 1999. Wash-
Torture and ill treatment continued to be ington, DC: Bureau of Democracy, Human
reported; methods used reportedly includ- Rights, and Labor, 2000.
Iraq
ed Nations in 1945. In 1958, Iraq became
a republic and, with the overthrow of the
monarchy, it ended its pro-Western align-
ment. The history that followed was filled
by a succession of military coups and the
rise to power of Saddam Hussein in 1979.
Since then, Saddam Hussein and his ex-
tended family have been ruling through a
repressive one-party apparatus, the Arab
Ba’th Socialist Party, and the Revolution-
ary Command Council, which exercise all
executive and legislative power. In practice,
Hussein rules as dictator of Iraq.
In 1980, a war between Iraq and Iran
broke out following a dispute over the con-
trol of a waterway. A cease-fire was agreed
to in 1988. In 1990, Iraq invaded Kuwait,
but a Western coalition, led by the United
States, fought the Gulf War (“Operation
Desert Storm”) and forced Iraq to withdraw
Iraq is a country in the Middle East, bound- from Kuwait. To force Iraq’s disarmament,
ed on the north by Turkey, on the east by the United Nations (UN) imposed a trade
Iran, on the southeast by the Persian Gulf ban. During this conflict, Iraq used chem-
and Kuwait, and on the south by Saudi Ara- ical weapons against Kurdish rebels seek-
bia. Baghdad is the capital city. Iraq has a ing greater autonomy in the north, while
population of approximately 22 million. Eth- an uprising of Shi’a Arabs in the south was
nic and linguistic groups include Arabs also brutally suppressed (Hussein and his
(about 75 percent), Kurds (about 20 per- most loyal followers are Sunni Muslims).
cent), Turkomen, Assyrians, Yazidis, and Ar- The Gulf War allies imposed “no-fly
menians (about 5 percent). The majority of zones” (areas where no Iraqi planes were
the population is Muslim (Shi’a 65 percent; allowed to fly) over the northern and south-
Sunni 32 percent), while the remainder is ern sections of Iraq to protect the Kurds in
Christian or belongs to other religious de- the north, and Shi’a marsh dwellers in the
nominations. south. However, the government militias
continue to launch ground attacks in those
regions and commit serious human rights
BACKGROUND
abuses against civilians. Iraq’s non-coop-
A former British protectorate, Iraq achieved eration with UN Security Council resolu-
independence in 1932 and joined the Unit- tion obligations, specifically its refusal to

275
276 The Human Rights Encyclopedia

Kurdish refugees from the Gulf War, victims of Iraqi attacks, April 1991.

allow inspections of its weapons stockpiles, result, it is the Iraqi people who suffer the
continues to be a major problem. worst consequences of Saddam Hussein’s
In the areas under Kurdish control, fight- military ambitions.
ing continues between Turkish government Since 1996, the UN has been imple-
forces and members of the Kurdish oppo- menting an “oil-for-food” program, which
sition Kurdistan Workers’ Party (PKK). allows the export of oil and the import of
Human rights abuses have been reported. food, medicine, and other humanitarian
Iraq’s highly centralized economy has al- goods for civilian needs. However, the gov-
ways been dominated by the oil sector; ernment has been interfering with the pro-
however, in the 1980s, Iraq suffered eco- vision of humanitarian assistance by the
nomic losses due to the massive expendi- international community, siphoning off
tures caused by the conflict with Iran and much of the aid for the benefit of the army
war damage to its oil export facilities. In ad- and the ruling elite.
dition, subsequent economic embargoes
and the military action by the internation-
HUMAN RIGHTS
al coalition following the seizure of Kuwait
further reduced Iraq’s economic activities. Iraq’s human rights record continues to be
What resources are available are currently extremely poor. Citizens do not have the
allocated to support the regime and its large right to change their government. In 1995,
military and internal security forces. As a Saddam Hussein won a referendum on his
Iraq 277

presidency with 99.96 percent of the vote. threats or because of personal or family as-
However, the referendum included neither sociation with opponents of the government.
secret ballots nor opposing candidates, and The authorities routinely hold innocent peo-
was conducted in a climate of intimidation ple responsible for crimes committed by
and fear of reprisal. Many people were ar- family members or close associates.
rested. International observers alleged the According to international human rights
election results to be a sham. organizations, several foreigners have been
Only members of the Arab Ba’th Social- arbitrarily arrested in the past and contin-
ist Party have full political rights, and op- ue to be detained. No official estimates exist
position political organizations or parties with regard to political prisoners; however,
are considered illegal, and therefore are the number is believed to be in the tens of
suppressed. The security forces are tools thousands.
for repression and are closely attached to Prison conditions are life threatening.
Hussein, the Ba’th Party, and the Interior There are reports of prisoners who have
Ministry. died because of the harsh conditions and
The government is responsible for extra- mistreatment inflicted by security guards.
judicial killings and mass executions. Most Overcrowding is a serious problem. It is be-
of these killings were committed without lieved that summary executions are carried
due process. In recent years, the govern- out for the purpose of emptying over-
ment has increased the number of offens- crowded prisons. The government does not
es that can be punishable by death, which allow visits of prisons by human rights
include any act or expression of dissent, monitors.
membership in certain political parties, and The security services make use of tor-
economic crimes. It is estimated that more ture, psychological intimidation, prolonged
than 2,500 to 3,000 summary executions interrogations, and other cruel treatment
have been carried out since 1997. There are of detainees under custody. Torture tech-
reports that political detainees with sen- niques include branding, electric shocks,
tences of fifteen to twenty years were killed mutilations, burning with hot irons, rape,
en masse. breaking limbs, deprivation of food or water,
The UN can provide documentation of and other inhumane treatments. Detainees
16,000 persons who have disappeared in are also subject to threats that their fami-
the course of the 1980–1988 Iran-Iraq war, ly members will be raped or harmed.
as a result of the 1990–1991 Gulf War, after The judiciary is dependent on the presi-
individual arrests, and during ethnic con- dent’s decisions. The legal system is based
flicts. However, other human rights orga- on Islamic law judged in special religious
nizations estimate the number to be much courts, and on a civil law system every-
higher. In addition, human rights groups where else.
allege that the government continues to The nature of the political and legal sys-
hold thousands of Iraqis in detention with- tems precludes any possibility of due process
out allowing them to communicate with and rule of law. Defendants are often denied
anyone outside prison. Arbitrary arrests contact with lawyers. The courts permit con-
and detention are common and are direct- fessions extracted by torture as the basis for
ed against persons perceived as security a defendant’s conviction.
278 The Human Rights Encyclopedia

The government infringes on the citizens’ sponsible for harassment, persecutions,


right to privacy by ignoring constitutional and killings of Shi’a people in the south.
provisions regarding the safeguarding of Ethnic discrimination also has historical
mail, telephone conversations, and tele- roots, and the government has long engaged
graphic correspondence. The authorities in discriminatory resettlement policies di-
routinely conduct searches without war- rected against ethnic Kurds, Turkomen, As-
rants. syrians, Shi’a inhabitants, and other
Freedoms of speech and the press are minorities, in an attempt to “Arabize” the
suppressed. The government has the mo- country. It is estimated that since 1991,
nopoly on all print and broadcast media, more than 90,000 Kurds have been dis-
and opposing views are not reported. Jour- placed. Many Kurdish families still live in
nalists must adhere to the recommenda- tent camps. Children and elderly people have
tions of the Iraqi Union of Journalists, died because of harsh conditions. Kurds re-
which is controlled by the government. For- main particularly subject to harassment and
eign journalists or reporters must be es- discrimination in employment and educa-
corted everywhere by officers of the Ministry tion. Shi’a inhabitants of the southern
of Culture and Information. Foreign news marshes have been relocated to major south-
broadcasts are regularly jammed. The gov- ern cities. However, there are reports that
ernment has banned satellite dishes. Aca- many of them have been transferred to de-
demic freedom is also restricted, and tention centers. Citizens of Iranian origin are
academic publications are strictly under also targeted by discriminatory policies.
governmental control. Women continue to face discrimination
The government restricts freedom of as- in employment, education, government,
sembly and associations. Citizens may as- and politics. Women cannot travel outside
semble only to express support of the the country alone. Violence against women,
regime. Political parties other than the particularly spousal abuse, is known to
Ba’th Party are banned. Trade unions can occur, but there are no official estimates
function only under governmental control. regarding its extent.
Workers’ rights are not protected. The government neglects children’s
Although the constitution provides for rights and welfare. It is believed that chil-
freedom of religion, the government limits dren are most affected by the economic
this right in practice. Traditionally, Sunni sanctions and by the government’s mis-
Arabs, who represent a minority of the pop- management of the “oil-for-food” program.
ulation, have dominated the political and Poor distribution of medicine and food has
economic life of the country, despite the fact resulted in many deaths of children. Child
that the majority of the population are Shi’a labor is widespread. In addition, each year
Arabs. Since the aftermath of the 1991 civil the government enrolls children between
uprisings, the government has repressed ten to fifteen years of age in a paramilitary
the Shi’a proponents and imposed restric- training program.
tions on their activities, including dese- Movement of citizens and foreigners with-
crating their mosques and holy sites, in the country is highly controlled and re-
because of their opposition to the govern- stricted by the authorities. The government
ment. In addition, the government is re- does not respect the rights of refugees and
Iraq 279

does not provide first asylum. Hundreds of Bibliography


thousands of Iraqi refugees remain abroad.
Amnesty International. Amnesty Internation-
The government prohibits the establish-
al Report 2000. New York: Amnesty Inter-
ment of independent human rights organi-
national Publications, 2000.
zations. A few human rights groups are
Central Intelligence Agency. The World Fact-
active in the northern areas that are not
book 1999. Washington, DC: Office of
under government control. International
Public Affairs, 1999.
human rights monitors, including the Unit-
U.S. Department of State. Iraq Country Re-
ed Nations Special Rapporteur, are not al-
port on Human Rights Practices for 1999.
lowed to visit Iraq. The government is also
Washington, DC: Bureau of Democracy,
responsible for the harassment and intim-
Human Rights, and Labor, 2000.
idation of UN personnel and relief workers.
Barbara and Michela Zonta
Ireland
counties, called Northern Irleand, were al-
lowed self-rule under the supervision of the
United Kingdom’s government. Until re-
cently, independent Ireland has had noth-
ing to do with the governance of Northern
Ireland.
Ireland is a prosperous country that has
become an increasingly important part of
the world’s information industries. A num-
ber of high-tech companies have factories
and offices in Ireland.

HUMAN RIGHTS
Human rights are generally well protected
in Ireland. Since independence, Irish
democracy has functioned well. Citizens
have complete control over their govern-
ment. Elections are free and open. The gov-
ernment is run by a prime minister who is
Ireland is an island nation located just to the chosen by Parliament. There is also a di-
west of the United Kingdom. Its capital is rectly elected president who serves a large-
Dublin. Ireland has a population of approx- ly symbolic role as head of state.
imately 3.7 million, 98 percent of whom are The courts in Ireland function effective-
Irish. More than 90 percent of the popula- ly, and most of those accused of crimes are
tion is Catholic. Almost all Irish people speak given fair trials. Poor defendants are pro-
English; a small minority also speak Gaelic. vided with defense attorneys free of charge.
The Irish government is a parliamentary The law forbids torture or abusive treat-
democracy. ment of those in police custody. Generally
Ireland was conquered by the English in the police obey these laws. There have been
the sixteenth century and remained under some reported cases of police abuse in Ire-
English control until the twentieth century. land, but they are not widespread and are
A bloody war led the United Kingdom to not a sign of a significant human rights
agree to the granting of Irish independence problem.
in 1921. The six northern counties of Ire- Ireland has a relatively small prison pop-
land had a majority population that wished ulation and prison conditions are generally
to remain part of England and so were not good. Some prisoners suffer because of the
included in the new Irish state. These six deteriorating conditions in some of Ireland’s

280
Ireland 281

older prisons. A shortage of prisons has led Children are well protected by Irish law
to overcrowding. Some cells do not have and government departments. Child abuse
running water. New prisons are being built, is harshly punished, and police have the
but many prisoners remain in the older, less right to remove children from homes that
well-equipped prisons. International ob- are considered unsafe.
servers are allowed to visit Irish prisons. Disabled people are also protected under
The government protects the freedom of the law and have access to most public
the press, free speech, and free assembly. buildings, particularly those built after 1992.
There are some restrictions on the publi- There is some ethnic discrimination, par-
cation of material considered morally re- ticularly against the Irish Travellers, a
pugnant—in practice, some forms of small nomdic ethnic minority (numbering
pornography are restricted. Some porno- perhaps 25,000) who slightly resemble Eu-
graphic videos are banned by the govern- rope’s Roma. Irish Travellers often face dis-
ment every year. Some magazines and crimination in employment and education.
newspapers have been temporarily banned Some restaurants and bars resist serving
for printing advertisements for massage Irish Travellers. The government has
parlors. passed laws making discrimination against
The government protects freedom of reli- the Travellers illegal, but it still continues
gion. There are no religious restrictions in to occur.
Ireland. Local and international human rights
Workers also have the right to form groups operate without government
unions and strike. interference.
Mistreatment of women is probably Ire- Carl Skutsch
land’s most serious human rights problem.
While women are generally treated well, See also United Kingdom.
there remain problems. Spousal abuse re-
mains common, supported by a tradition
which allows men to control their wives
Bibliography
with violence. Women’s groups complain
that the government has not done enough Amnesty International. Amnesty International
to educate men and women about the im- Report 2000. New York: Amnesty Interna-
portance of preventing violence against tional Publications, 2000.
Central Intelligence Agency. The World Factook
women. Discrimination against women in
2000. Washington, DC: Office of Public Af-
employment is illegal but still occurs.
fairs, 2000.
Women are also not well represented in pol-
U.S. Department of State. Ireland Country Re-
itics. Only a few women serve in Parlia- port on Human Rights Practices for 1999.
ment, although women do serve as Washington, DC: Bureau of Democracy,
president. Human Rights, and Labor, 2000.
Israel
Islamic lands. The major religious denom-
inations are Judaism, Islam, Christianity,
and Druze. Hebrew, Arabic, Russian, and
English are widely spoken.

BACKGROUND
Israel has a technologically advanced mar-
ket economy, with substantial government
participation. Its natural resources are lim-
ited. However, Israel has intensively devel-
oped its agricultural and industrial sectors
over the last decades. It is largely self-suf-
ficient in terms of food, except for grains.
Leading exports include diamonds, high-
technology equipment, and agricultural
products. Israel’s account deficits are usu-
ally covered by large transfer payments
from abroad and by foreign loans, espe-
cially from the United States. Israel’s econ-
Israel is a country in the Middle East, omy grew rapidly in the early 1990s, due
bounded on the north by Lebanon, on the to the influx of Jewish immigrants from the
east by Syria and Jordan, on the south by former Soviet Union and the opening of new
the Gulf of Aqaba, and on the west by Egypt markets at the end of the cold war. The eco-
and the Mediterranean Sea. nomic growth, however, began slowing in
Jerusalem is the capital city. The popu- 1996, when the government imposed
lation of approximately 6 million includes tighter fiscal and monetary policies.
Israeli settlers in the West Bank, in the Is- In 1948, after fifty years of efforts by the
raeli-occupied Golan Heights, in the Gaza Zionist movement (founded at the end of
Strip, and in East Jerusalem. About 80 per- the nineteenth century by Theodore Herzl)
cent of the population is Jewish; the re- to establish a sovereign nation as a home-
mainder is mostly Arab. The three broad land for Jews, Jewish settlers in the terri-
Jewish groupings are the Ashkenazim, or tory formerly called Palestine were able to
Jews who came to Israel mainly from Eu- declare the independence of the state of Is-
rope, North and South America, South rael. Fighting immediately ensued between
Africa, and Australia; the Sephardim, who the Jews and the Palestinian Arabs, who
trace their origin to Spain, Portugal, and were helped by neighboring Arab states.
North Africa; and Eastern or Oriental Jews, With the Israelis victorious, many of the
who descend from ancient communities in Arabs who lived in Palestine were forced to

282
Israel 283

flee. They became refugees, living in the HUMAN RIGHTS


West Bank, the Gaza Strip, Lebanon, and
elsewhere. Those Arabs who remained be- Citizens generally enjoy a variety of human
hind became a minority within the now pre- rights and liberties. However, problems con-
dominantly Jewish state of Israel. tinue in the occupied territories, especially
Since its independence, Israel has been in the West Bank and Gaza, and also as a
in an intermittent state of war with neigh- result of Israel’s fight against Arab terror-
boring Arab countries over territories such ism. In northern Israel and in southern
as the Sinai Peninsula, the Gaza Strip, the Lebanon, violent attacks conducted either
Golan Heights, and the formerly Jordanian- by Palestinian guerrillas or Israeli troops
controlled West Bank of the Jordan River, have resulted in numerous deaths, includ-
including East Jerusalem. ing those of civilians.
In 1979, Egyptian President Anwar Sadat A key problem connected with human
and Israeli Prime Minister Menachem Begin rights in Israel is the dual nature of Israeli
signed a treaty under which Israel was to society. In theory, Israel is a parliamentary
return the Sinai to Egypt. This led to a per- democracy that grants political and human
manent peace with Egypt. Despite Iraqi rights to all citizens. However, Israel was
missile attacks against Israel, Israel re- founded for the purpose of giving Jews a
frained from entering the Gulf War in state of their own. For this reason, its laws
1990–1991. In 1994, Israel signed a non- and practices have tended to favor the Jew-
belligerency agreement with Jordan, and in ish majority over the Arab minority. Al-
1995, Prime Minister Yitzhak Rabin and though Arab citizens are supposed to have
Palestine Liberation Organization (PLO) the same rights as Jewish citizens, human
Chairman Yasser Arafat signed the historic rights advocates have claimed that Arabs are
Israeli-Palestinian Interim Agreement on often treated as second-class citizens.
the West Bank and the Gaza Strip, broad- Even more problematic is the issue of
ening Palestinian self-government. The as- non-citizen Arabs living in the West Bank
sassination of Prime Minister Rabin by a and the Gaza Strip. These two territories
right-wing Jewish radical in November were conquered by Israel during earlier
1995 climaxed the bitter national debate wars with Arab states, but they are not
over where the peace process was leading, legally considered a part of Israel. The re-
and led to further peace negotiations spon- sult is that while Israeli troops and police
sored by the United States. Currently the control these territories, the people living
PLO and Israel share control of the West in them—the vast majority of whom are
Bank and the Gaza Strip, and negotiations Palestinian Arabs—have few rights under
continue on the subject of a permanent Israeli law. Most importantly, perhaps, they
peace settlement and sovereignty over these cannot vote, and hence have no access to
areas. the human right of democratically choos-
Israel is a parliamentary democracy. The ing their leaders. This situation has led to
unicameral Parliament—the Knesset—en- resentment and violence by Palestinian
acts laws and elects the president every five Arabs, and to repressive tactics by Israeli
years. The prime minister exercises execu- security forces.
tive power. The independent judicial system In essence, Israel is a liberal democracy
includes both secular and religious courts. in its own territory, but behaves more re-
284 The Human Rights Encyclopedia

A soldier spraying mace at West Bank Palestinian women during the Intifada uprising, March 1988.

pressively in the occupied territories of the other police detention facilities that fall
West Bank and the Gaza Strip. This situa- below minimum international standards.
tion may be resolved if Palestinian Arabs Some Palestinian detainees have died in
are eventually given political control over government custody. In addition, human
these territories through peace negotia- rights monitors have expressed great con-
tions. As of late 2000, the Palestinians have cern over the detention of Arab minors with
not been given an independent state. In the adult inmates.
meantime, Israeli human rights abuses Although the law prohibits arbitrary ar-
continue. rest or detention, the government permits
Israeli security forces commit human detention without charge or trial in securi-
rights violations against Palestinians sus- ty cases. The targets for these detentions
pected of security offenses. Torture, phys- are almost always Palestinian Arabs. The
ical and psychological abuses, and other judiciary is subject to the government’s in-
forms of coercion have been used during fluence over security cases. According to
interrogation. Prison conditions for Israeli the Israeli High Court of Justice, security
citizens convicted of common crimes meet needs take precedence over an individual’s
minimum international standards. Securi- rights.
ty detainees, however, who are mostly Palestinian detainees do not benefit from
Palestinians, are held in detention camps or the protection of civil law and fall under the
Israel 285

jurisdiction of military courts. The govern- Trafficking in women and girls for pros-
ment continues to detain Palestinian Arabs titution and illegal work, particularly with
without charge or trial. Human rights advo- women from the former Soviet Union, has
cates claim that the Israeli legal system im- increased significantly in recent years.
poses harsher punishments on Palestinians The government is committed to chil-
than on Jewish Israelis for the same crimes. dren’s welfare; however, children of foreign
The Israeli authorities occasionally in- workers residing illegally in the country do
fringe on citizens’ right to privacy in cases not have access to education or health ser-
involving criminal or security charges. vices. Although prohibited by law, child
The government respects freedom of labor is concentrated among Israel’s Arab
speech and the press. However, the law au- population and Jewish immigrants from
thorizes the government to apply censor- outside Israel.
ship to any material that can undermine There is no law mandating access to pub-
national security. In addition, emergency lic buildings for people with disabilities.
regulations prohibit the expression of sup- The government continues to permit dis-
port for illegal organizations. crimination against non-Jewish communi-
Freedoms of assembly and association ties. The latter receive less governmental
for Israeli citizens are generally respected. financial support than do Jewish communi-
Workers can form unions and have the ties. Israeli Arabs do not receive equal qual-
right to strike. However, Palestinians from ity education, housing, employment, and
the West Bank and Gaza Strip cannot join social services, and remain underrepresent-
Israeli trade unions or organize their own ed in higher-level professional and academ-
unions in Israel. They cannot freely demon- ic ranks. In addition, Israeli Arabs are not
strate. allowed to work in security-related fields.
Local human rights groups lament that Arab groups also complain that land expro-
the government does not effectively enforce priation for public use has affected the Arab
laws against discrimination based on sex, community over the years.
race, religion, disability, language, or social The government respects freedom of re-
status. In particular, women continue to re- ligion and each religious community has
ceive lower wages for equal work, and have legal authority over its members in matters
fewer promotions and career opportunities of marriage and divorce. However, the non-
than do men. They also remain underrep- Orthodox Jewish community has com-
resented in government. Religious laws also plained of discrimination and intolerance
restrict women’s rights in family and di- by Orthodox Jews.
vorce matters. The establishment of military or securi-
Violence against women, including do- ty zones limits citizens’ right to free move-
mestic violence, is a problem in both the ment within the country. Citizens can travel
Jewish and Arab communities. Funds have abroad and return, provided that they do
been allocated by the government to fight not have military obligations. However, the
such violence. In addition, women’s groups government restricts travel to some Arab
and human rights advocates are trying to states, including Syria and Saudi Arabia.
raise public awareness about this issue and The government cooperates with the
establish a greater number of women’s United Nations High Commissioner for
shelters. Refugees in assisting refugee or asylum
286 The Human Rights Encyclopedia

seekers. It also welcomes Jewish immi- ported that the government is not cooper-
grants and their families, who can receive ating with its operations.
citizenship and residence rights under the
Barbara and Michela Zonta
Law of Return. The same rights do not
apply to persons of non-Jewish descent or Bibliography
who have converted to another faith.
Several domestic and international
human rights groups operate in the coun- Amnesty International. Amnesty International
try without governmental restrictions, in- Report 2000. New York: Amnesty Interna-
tional Publications, 2000.
vestigating and publishing their findings on
Central Intelligence Agency. The World Factbook
human rights issues. However, the govern-
1999. Washington, DC: Office of Public Af-
ment continues to deny access to a few se- fairs, 1999.
curity detainees by the International ———. The World Factbook 2000. Washington,
Committee of the Red Cross. In addition, DC: Office of Public Affairs, 2000.
the United Nations Special Committee to U.S. Department of State. Israel Country Report
Investigate Israeli Practices Affecting the on Human Rights Practices for 1999. Wash-
Human Rights of the Palestinian People and ington, DC: Bureau of Democracy, Human
Other Arabs of the Occupied Territories re- Rights, and Labor, 2000.
Italy
dition to Italian, French is spoken in Valle
d’Aosta and German is spoken in Trenti-
no-Alto Adige.

BACKGROUND
Since the end of World War II the Italian
economy has undergone profound changes.
From an agriculturally based economy, it
has developed into an advanced industri-
alized market economy. Small and medi-
um-sized companies—most of which are
family-owned firms—employ from 70 to 80
percent of the workforce, and major prod-
ucts include machinery, textiles, apparel,
transportation equipment, and food and
agricultural products. Nearly all sectors are
privatized, although the government still
owns a substantial number of enterprises
in finance, communications, industry,
transportation, and services. Italy has slow-
The Italian Republic is a peninsula located ly recovered from the economic crisis of the
in southern Europe that extends into the early 1990s. Historically an inflation-prone
central Mediterranean Sea, northeast of country, Italy is now firmly within norms
Tunisia. Italy also occupies a number of is- specified for the European and Monetary
lands, including Sicily, Sardinia, Elba, Union (EMU). Imbalances in public fi-
Lampedusa, and Pantelleria. It has borders nances, however, still represent a major
with France, Switzerland, Austria, and problem, and since 1992, economic policy
Slovenia. Rome is the capital city. Its pop- in Italy has focused primarily on reducing
ulation of 56.7 million consists primarily of government budget deficits. Moreover, un-
Italians, as well as minority populations of employment is very high, especially in the
Germans, French, Slovenes, and Albani- south.
ans. Roman Catholicism is the majority re- After the collapse of the Roman Empire in
ligion, although the constitution grants the fifth century A.D., the Italian peninsula
equal freedom to all religious denomina- experienced a series of invasions and lost
tions. Italian is the official language, and its political unity. A succession of small
several dialects are spoken throughout the states, principalities, and kingdoms char-
country. Two regions are bilingual. In ad- acterized Italian history until unification in

287
288 The Human Rights Encyclopedia

the 1860s. From 1870 to 1922, Italy was a ities. In exceptional circumstances, the
constitutional monarchy. In 1922, Benito army can be called on to provide internal
Mussolini came to power and installed a security.
fascist dictatorship. Mussolini allied with
Adolf Hitler—the leader of Nazi Germany—
HUMAN RIGHTS
and declared war on the United Kingdom
and France in 1940, and on the United The Italian government generally respects
States and the Soviet Union in 1941. After the human rights of its citizens, but prob-
the Allied invasion, an antifascist popular lems still exist in some areas. The law pro-
resistance movement, which grew during hibits torture and cruel or degrading
the last two years of the war, helped the Al- punishment. However, the police often com-
lies drive the German forces out of the mit abuses against detainees. Such abus-
country in April 1945. es normally occur at the time of arrest or
A 1946 plebiscite ended the monarchy during the first twenty-four hours in cus-
and elected a constituent assembly in tody, before detainees see an attorney or a
charge of forming a new republic. The con- judicial authority. Examples of abuse in-
stitution went into effect on January 1, clude kicking, punching, beatings with ba-
1948. tons, or deprivation of food. A substantial
The 1994 national elections marked the proportion of abuses involve non-European
emergence of new political forces and new Union immigrants—mostly from Africa—
alignments, which replaced some of the Roma, and persons held in connection with
major political parties that were beset by drug-related offenses.
scandal and loss of voter confidence. Prisons are generally overcrowded, de-
Italy is a founding member of the Euro- spite the construction of new facilities and
pean Community—now the European the Parliament’s approval of a law allowing
Union—as well as a member and strong persons sentenced to less than three years’
supporter of the United Nations, the North imprisonment to apply for an alternative
Atlantic Treaty Organization, the Organi- penalty within a period of thirty days after
zation for Economic Cooperation and De- final sentencing. Because of overcrowding,
velopment, the General Agreement on prison conditions are poor in terms of san-
Tariffs and Trade/World Trade Organiza- itation and medical services, and barely
tion, the Organization for Security and Co- meet minimum international standards.
operation in Europe, the Western European AIDS represents a major problem. As of
Union, and the Council of Europe. 1998, more than 29 percent of the prison
Italy is a multiparty parliamentary population was addicted to illegal drugs. Of
democracy. The president of the Republic those, 13.6 percent were HIV-positive, and
nominates the prime minister after con- 5.8 percent of those who were HIV-positive
sulting with leaders of all political groups in had AIDS.
Parliament. The judicial system is based on Lengthy pretrial detention represents a
Roman law modified by the Napoleonic code major problem, despite the reform of judi-
and subsequent statutes. The government cial procedures intended to speed up tri-
and parliament control the armed forces, als. The average wait for lower-court trials
which include four separate police forces, is three years and four months. As of 1999,
each reporting to different or local author- 44 percent of inmates were awaiting trial
Italy 289

A woman begging on the street in Venice.

or the outcome of appeals, rather than serv- shame, or ignorance of the law. Legislation
ing final sentences. There are no provisions to protect women from violence was updat-
for bail, although judges may grant provi- ed in 1996, making easier the prosecution
sional liberty to suspects awaiting trial. of perpetrators of violence against women
According to some critics, some magis- and shielding women from publicity who
trates are highly politicized or influenced have been objects of attack. There are nu-
by other interests in choosing targets of in- merous cases of trafficking in foreign
quiry, and often fail to show adequate re- women—usually illegal immigrants—for the
spect for the rights of suspects. Many abuse purpose of prostitution. Women’s salaries
their authority by making excessive use of are 20 percent lower than men’s for com-
preventive detention. parable work. Women are underrepresent-
The constitution prohibits discrimination ed in management positions and the
on the basis of race, sex, religion, ethnic professions, and generally experience high-
background, or political opinion. However, er unemployment rates compared to men.
societal discrimination against women, im- Child abuse also represents a serious
migrants, and other foreigners is routinely problem. Many minors are involved in cases
practiced. Violence against women, includ- of violence every year, and an estimated 90
ing spousal rape, is very common. Victims percent of violence against minors is com-
often do not press charges because of fear, mitted within their own families. There are
290 The Human Rights Encyclopedia

also many minor-age prostitutes, the ma- A host of human rights groups are active
jority of whom are illegal immigrants, most- without government restriction, and gov-
ly from Albania and Nigeria. Other areas of ernment officials are generally responsive
child abuse include child pornography and to their views.
the trafficking of minors. In August 1998,
Barbara and Michela Zonta
the Parliament passed a law to combat
such abuses.
Substantial discrimination is practiced
Bibliography
against immigrants and other foreigners, who
are often subject to physical attack. Among Amnesty International. Amnesty International
these are the Roma, predominantly from the Report 2000. New York: Amnesty Interna-
former Yugoslavia, who usually encounter tional Publications, 2000.
difficulties in finding places to reside. These Central Intelligence Agency. The World Factbook
1999. Washington, DC: Office of Public Af-
nomadic Roma normally live in tents. They
fairs, 1999.
have difficulty obtaining work permits be-
———. The World Factbook 2000. Washington,
cause they do not possess valid identity doc-
DC: Office of Public Affairs, 2000.
uments, and often turn to begging or petty U.S. Department of State. Italy Country Report
crime. Racial discrimination and violence on Human Rights Practices for 1999. Wash-
against illegal immigrants from African coun- ington, DC: Bureau of Democracy, Human
tries have increased in recent years. Rights, and Labor, 2000.
Jamaica
Rich in natural resources—primarily
bauxite—Jamaica has an economy based
on agricultural products as well as on light
manufacturing and services. Tourism is fa-
vored by the island’s ideal climate. There is
a large gap between the wealthy and the ex-
tremely poor. The country has been facing
serious economic problems—high unem-
ployment, inflation, high interest rates, and
labor unrest—that have worsened its social
problems. Violent crime has also stemmed
from an increase in the use and trafficking
of narcotics. Jamaica is a major producer
of marijuana and is an increasingly signifi-
cant cocaine-trafficking country.
Prior to Spanish occupation (1510), Ja-
maica was inhabited by the Arawaks, who
had migrated from South America. The
Arawaks were eventually exterminated by
disease, slavery, and war during the Span-
Jamaica is an island of the West Indies, lo- ish rule. In 1517, the first African slaves
cated in the Caribbean Sea. Kingston is the were brought to the island. In 1670, Great
capital city. Its population of 2.6 million Britain gained formal possession of the ter-
consists of people of African (90.9 percent), ritory, and the British Parliament abolished
East Indian (1.3 percent), Chinese (0.2 per- slavery in 1834. Jamaica achieved inde-
cent), European (0.2 percent), and mixed pendence in 1962, and has remained a
descent. Protestant, Roman Catholics, and member of the British Commonwealth. Tra-
Rastafarians are the main religious groups ditionally, Jamaica has experienced heavy
on the island. English is the official emigration of its citizens to the United King-
language. dom, the United States, and Canada.
Jamaica is a constitutional parliamen- Jamaica has diplomatic relations with
tary democracy based on the United King- most nations and is a member of the Unit-
dom model. The governor general—who is ed Nations and the Organization of Ameri-
appointed by Queen Elizabeth II, the prime can States.
minister, and the cabinet represent the ex- Human rights are generally respected in
ecutive branch of the government, while the Jamaica, although some problems contin-
legislative branch consists of the bicamer- ue to exist in some areas. Members of the
al Parliament. The judiciary is formed by security forces sometimes commit extraju-
the Supreme Court. dicial killings and beatings and regularly

291
292 The Human Rights Encyclopedia

carry out arbitrary arrests and detentions. A number of human rights groups oper-
The police frequently use excessive violence ate without government restriction. They
against those suspected of breaking the investigate and publish their findings on
law. Vigilantism, involving spontaneous human rights cases. The Independent Ja-
mob executions in response to crime, con- maica Council for Human Rights is the
tinues to be a problem. country’s only formal organization con-
Prison conditions are very poor. Prisons are cerned with all aspects of human rights, al-
usually overcrowded, and sanitary conditions though the Jamaican Bar Association has
as well as food are generally inadequate. In- lodged protests against certain police ac-
sufficient medical care is typical. Guards are tions as well.
often responsible for acts of brutality against
Barbara and Michela Zonta
detainees. The judicial system is overbur-
dened and operates with inadequate re-
sources. Therefore, delays in trials are very Bibliography
common. In some instances, cases are dis-
Amnesty International. Amnesty International
missed because files cannot be located.
Report 2000. New York: Amnesty Interna-
Women suffer from economic discrimi-
tional Publications, 2000.
nation, sexual harassment in the work-
Central Intelligence Agency. The World Factbook
place, and domestic violence. Spousal 1999. Washington, DC: Office of Public Af-
abuse is widespread, a result of social and fairs, 1999.
cultural traditions that perpetuate violence U.S. Department of State. Jamaica Country Re-
against women. port on Human Rights Practices for 1999.
No laws require that the disabled have Washington, DC: Bureau of Democracy,
access to public buildings. Human Rights, and Labor, 2000.
Japan
who is chosen by the leading parties in
Japan’s Diet (or Parliament). Acting as sym-
bolic head of state is Japan’s Emperor Aki-
hito, who has been on the throne since 1989.

BACKGROUND
For many centuries, Japan was dominated
by a military dictatorship called the shogu-
nate. The shoguns, acting as generals in
chief, ruled in the name of the Japanese em-
perors, who served in only a symbolic role.
Starting in the seventeenth century, the
shoguns, suspicious of European traders
and missionaries, closed Japan off from al-
most all contact with the outside world.
Japan’s isolation ended with the 1854 ar-
rival of an American fleet in Japanese wa-
ters. The modern American gunboats forced
the Japanese government to open its bor-
ders to trade and thereby inaugurated a pe-
Japan is a group of islands located to the riod of rapid change in Japanese society.
east of China on the edge of the Pacific Japan modernized its industry, army, and
Ocean. The capital is Tokyo. Japan’s pop- navy and quickly became a strong region-
ulation is approximately 126 million, of al power. Led by increasingly aggressive
whom more than 99 percent are ethnic military men, Japan embarked on a series
Japanese. Japan’s four main islands have of conquests—Taiwan, Korea, northern
a combined land area of 145,882 square China—that aroused international hostili-
miles—making it about the size of Montana. ty and led to its involvement in World War
This relatively small land area, combined II. In 1945, Japan lost World War II and was
with Japan’s large population, gives the left devastated (to end the war, the United
country one of the highest population den- States dropped two atomic bombs on
sities in the world. Japan’s 865 people per Japan).
square mile is more than ten times the With the forceful guidance of American
United States’ density of 73 people per occupation troops, Japan’s government was
square mile. Japan has a thriving democ- transformed into a functioning democracy.
ratic system of government. The leader of Under the 1947 constitution, the emperor
Japan’s government is the prime minister, was allowed to keep his symbolic role, but

293
294 The Human Rights Encyclopedia

all political power was put in the hands of Despite Japan’s high human rights stan-
the Diet. Japan constitutionally renounced dards, there remain some problem areas.
war as an instrument of policy. The police have been guilty of occasion-
Since 1947, Japan has been an econom- al abuse against prisoners and detainees.
ic and democratic success story. Rapid Police sometimes use physical violence or
growth and industrial innovation have intimidation to obtain confessions from
made Japan the second richest country in prisoners. Approximately 90 percent of all
the world, after the United States. Japan- criminal cases include a confession on the
ese corporations make cars, televisions, part of the accused. There remains a strong
and electronic devices that are used around suspicion that some of these confessions
the world. As a result of their successful are coerced. There have also been some re-
and mostly booming economy, the Japan- ports of police harassment of foreign im-
ese enjoy one of the world’s highest stan- migrants and residents.
dards of living. Japan’s prisons meet international stan-
dards but can be very rough. Insufficient
heating in some prisons has led to cases of
HUMAN RIGHTS
frostbite among prisoners. Some inmates
Japan in general protects its citizens’ complain that not enough food is provided.
human rights. Japan’s prisons are run according to a very
The Japanese people have the right and rigid set of rules and regulations, which
the ability to change their government. The some human rights observers believe con-
Diet is chosen with universal suffrage, and tribute to the degradation of prisoners.
elections are scheduled at frequent inter- Prison wardens use solitary confinement
vals. Some critics of Japanese politics have liberally, and some inmates have been kept
pointed out that the same political party— in solitary confinement for many years.
the Liberal Democratic Party—has ruled the Japan allows its citizens freedom of
country since 1947, suggesting that speech, freedom of the press, and the right
Japan’s democracy is not as mature as it to assemble. Japanese workers have the
should be. These criticisms are valid, but right to form unions. Japanese have the
they ignore the fact that the Liberal De- right to move freely about, both inside and
mocrats are divided into different wings and outside the country. Academic freedom is
factions and that shifts in electoral results also protected. Some academics complain
have altered the relative power of these fac- that although they are allowed to speak
tions and led to changes in the leaders of freely, a national reluctance to acknowledge
government. In recent years, other politi- past human rights failures has led to a kind
cal parties have gained in strength, and the of self-censorship in Japanese textbook
Liberal Democrats have been obliged to par- publishing. Japanese history textbooks
ticipate in coalition governments for the usually touch only lightly on the crimes
first time. committed by Japanese soldiers during
The Japanese judiciary is independent and World War II.
largely free of corruption. Japanese trials are Partly because of this self-censorship in
fair and open, and the military and police Japanese publishing, some critics believe
forces are firmly under civilian control. that Japan has not sufficiently acknowl-
Japan 295

edged the human rights abuses committed Women are still not regarded as business
by its armed forces during World War II. equals and do not have the same opportu-
Japanese troops behaved with great bru- nities to advance up the corporate ladder.
tality toward Koreans, Chinese, and Fil- An ongoing complaint by many women is
ipinos, among others. China and South that sexual groping or molestation occurs
Korea, in particular, have asked the Japan- in Japan’s crowded commuter trains.
ese government to apologize for Japan’s Japan strongly protects the rights of
wartime atrocities. While Japanese leaders children.
have made some statements that admit to The disabled suffer some discrimination
wrongdoing, their words of apology have in Japanese society, but the government
been muted and have not satisfied those has been making efforts to reduce this
who suffered under Japanese rule. Japan’s problem.
reluctance to apologize stems partly from Discrimination against minorities re-
internal political considerations. A signifi- mains a human rights problem in Japan.
cant part of the Japanese population feels The Ainu are descendents of Japan’s first
that it would be dishonorable to apologize inhabitants, and are an ethnic minority,
for Japan’s actions; these people also tend who live in northern Japan. They have long
to downplay the severity of Japan’s wartime suffered from discrimination at the hands
criminality, and most Japanese students of the Japanese majority. The 1997 pas-
grow up very ignorant of these parts of their sage of The Law to Promote Ainu Culture
country’s past. eliminated the legal discrimination that had
Theoretically, Japan protects the right to existed against the Ainu, but social dis-
worship freely. While in general this right is crimination remains a problem.
protected in practice, there have been some Also suffering from discrimination are the
exceptions. The Japanese cult known as Burakumin, a caste of outcasts who tradi-
Aum Shinrikyo, some of whose members tionally performed “unclean” tasks in
were responsible for a series of poison gas Japan’s past. Although discrimination
attacks in Japanese subways, has suffered against Burakumin is not supported by
from government surveillance and restric- law, long time prejudices by the population
tion. Members of the Unification Church keep the Burakumin from enjoying full
and Jehovah’s Witnesses have also com- human rights in Japan. Many Burakumin
plained of government harassment and in- hide their background in an attempt to
tolerance. avoid this discrimination.
Women suffer some limits on their human Discrimination, legal and societal, against
rights. Domestic abuse is suspected to be foreigners also continues. Culturally, with
widespread, but social pressure prevents their homogenous society, some Japanese
many women from reporting instances of tend to be suspicious of foreigners. Foreign
abuse. Sexual harassment remains a com- workers, the largest percentage of whom are
mon problem in the Japanese business ethnically Korean, face employment and so-
world. Compared to European or American cietal discrimination. The government
corporations, Japanese women are more places difficult hurdles in the way of ethnic
likely to suffer sexual harassment or de- Koreans, even long time residents, who
mands for sexual favors by supervisors. wish to become Japanese citizens.
296 The Human Rights Encyclopedia

Japan cooperates with international and Bibliography


local human rights organizations and is
Amnesty International. Amnesty International
very open to accepting human rights ob-
Report 2000. New York: Amnesty Interna-
servers. Japan is also very active in pro- tional Publications, 2000.
moting human rights around the world, U.S. Department of State. Japan Country Re-
and often is one of the main financial back- port on Human Rights Practices for 1999.
ers of international human rights missions. Washington, DC: Bureau of Democracy,
(The United Nations’ mission in Cambodia, Human Rights, and Labor, 2000.
for example, was supported, in part, by
large Japanese contributions.)
Carl Skutsch
Jordan
BACKGROUND
Jordan is a small country with inadequate
natural resources and water supplies. Its
economy has traditionally been based on
phosphates and potash and their fertilizer
derivatives, as well as on overseas remit-
tances and foreign aid. For its energy needs,
the country depends almost entirely on its
oil-producing neighbors. Since 1987, Jor-
dan has faced a substantial debt burden,
low per capita income, and increasing un-
employment rates. The Gulf War crisis of
1990–1991 further aggravated Jordan’s
economic problems.
The origins of Jordan date back to
around 2000 B.C., when Semitic Amorites
settled in the area called Canaan, by the
Jordan River. In the course of its history,
the territory has been invaded by a variety
of peoples, including Hittites, Egyptians, Is-
raelites, Assyrians, Babylonians, Persians,
The Hashemite Kingdom of Jordan is lo- Greeks, Romans, Arab Muslims, Christian
cated in the Middle East, northwest of Crusaders, Mameluks, Ottoman Turks, and
Saudi Arabia. It borders Iraq, Israel, the British. Jordan was awarded to the
Saudi Arabia, Syria, and the West Bank. United Kingdom by the League of Nations at
Amman is the capital city. Jordan’s pop- the end of World War I and became the in-
ulation of approximately 4.5 million con- dependent Hashemite Kingdom of Tran-
sists primarily of Arabs and a few small sjordan on May 25, 1946.
communities of Circassians, Armenians, Jordan assisted Palestinians in their op-
and Kurds. More than half the Arab pop- position to the establishment of the State of
ulation are refugees from Palestine or Israel. In 1967, it participated in the war
their descendents. Arabic is the official between Israel and the Arab states of Syria,
language, although English is used wide- Egypt, and Iraq. This war led to a dramat-
ly in commerce and government. Sunni ic increase in the number of Palestinians
Islam represents the majority religion; living in Jordan and to an upsurge in the
only 4 percent of the population practices power of Palestinian guerrillas in Jordan.
Christianity. Open fighting between the Palestinian

297
298 The Human Rights Encyclopedia

Arabs and the government erupted in June government candidates. During the elec-
1970. After a year of heavy fighting, Jor- toral campaign, the press and other cam-
danian forces won against the Palestinians paign materials were restricted. Centrist
and expelled many of them from the coun- candidates representing major tribes dom-
try. Jordan has been at peace with all its inate the Parliament. In fact, a new amend-
neighbors since 1980. Despite popular sup- ment in the electoral system limits the
port for Iraq, Jordan did not participate in chances of many non-tribal candidates, in-
the Gulf War of 1990–1991. cluding women, to be elected. In addition,
Jordan is a member of the United Nations the Palestinian community is not repre-
(UN) and several of its related agencies, in- sented proportionately in the government.
cluding the Food and Agriculture Organiza- The security forces are allegedly respon-
tion (FAO), the International Atomic Energy sible for extrajudicial killings and numerous
Agency (IAEA), and the World Health Orga- deaths of detainees while under custody. The
nization (WHO). It is also a member of the authorities are reluctant to conduct investi-
World Bank, the International Monetary gations into those crimes. The police and se-
Fund (IMF), the Organization of the Islam- curity forces sometimes use physical and
ic Conference (OIC), the Non-Aligned Move- verbal abuse against prisoners during de-
ment, and the Arab League. tention and interrogation. Governmental of-
Jordan is a constitutional monarchy ficials deny allegations of torture and abuse,
based on the constitution of 1952. A high but they are known to occur. However, these
degree of executive and legislative author- actions are difficult to verify because the se-
ity is vested in the king and his council of curity officers frequently deny detainees
ministers, although the bicameral Nation- timely access to legal counsel.
al Assembly also has legislative power. Prisons and local police detention facili-
ties do not meet minimum international
standards; overcrowding and lack of per-
HUMAN RIGHTS
sonnel are the main problems. The securi-
The human rights record in Jordan con- ty forces arbitrarily arrest and detain
tinues to be poor in several areas. Citizens citizens. Lengthy pretrial detention is a
do not have the ability to change their gov- problem, especially in state security cases.
ernment. The king has the power to appoint In addition, defendants are not allowed to
and dismiss the prime minister and the meet their lawyers until shortly before trial.
cabinet, to dissolve Parliament, and to es- The government also detains persons, in-
tablish public policy. High government cluding journalists, for political reasons.
posts are decided by the king and do not The constitution provides for the arrest,
require legislative approval. trial, and punishment in cases of persons
The distribution of parliamentary seats involved the defamation of heads of state
favors regions with populations known for or public officials, in attacks on state dig-
their traditional pro-Hashemite views (those nity, and in disseminating false or exag-
with majorities of non-Palestinian Arabs). gerated information outside the country.
Furthermore, the November 1997 parlia- The judiciary is subject to pressure from
mentary elections, despite a boycott by Is- the executive branch. Islamic, or shari’a,
lamist and other parties, were marred by courts, have jurisdiction over marriage and
irregularities and fraud on the part of pro- divorce among Muslims and over inheri-
Jordan 299

tance cases involving both Muslims and in employment, social security benefits, in-
non-Muslims. Military courts conduct trials heritance, divorce, value of court testimony,
in state security cases, and they are closed and other areas. Women may not petition for
to the public. citizenship for their children or for non-Jor-
The government infringes on the citizens’ danian husbands. Some women’s groups
right to privacy; the authorities monitor claim that the problem of discrimination is
telephone conversations, read private cor- not really one of law but rather because of
respondence, and engage in surveillance of women’s lack of awareness of their rights or
persons who are believed to pose a threat to their unwillingness to assert those rights. It
the national security. In addition, security is unlikely, however, that more assertiveness
officers often conduct searches without among Jordanian women would apprecia-
warrants. bly diminish discrimination against them.
The government restricts freedom of Violence against women, especially spousal
speech and the press. Journalists practice abuse, is widespread. Cultural norms dis-
self-censorship. Private citizens may be courage women from seeking medical or
prosecuted for slandering the royal family, legal help.
the government, or foreign leaders. The law Although the government is committed
limits the practice of journalism to Jordan to children’s welfare in education and med-
Press Association (JPA) members, excluding ical care, its efforts are constrained by lim-
many writers from the profession, and for- ited financial resources. The law prohibits
bids publishers from hiring non-journal- children under the age of sixteen from
ists. The government can issue fines, working; however, children are commonly
withdraw licenses, and order shutdowns to found on the streets of the capital city. It is
control the newspapers. Foreign publica- believed that rates of child abuse in fami-
tions are available, although occasionally lies, particularly child sexual abuse, are
distribution is blocked. quite high. The law specifies punishment
The government has a monopoly on the for abuses against children, including the
country’s broadcast media. Radio and tele- death penalty for rape or sodomy. Illegiti-
vision news broadcasts are more restrict- mate children suffer severe discrimination
ed than the print media, and they report in a society that does not tolerate adultery.
only governmental views. However, inter- The government is committed to the wel-
national satellite and Israeli and Syrian fare of people with disabilities. However, the
television broadcasts are available. implementation of constitutional provisions
The government restricts freedom of as- regarding their full access into society is
sembly and association. Public gatherings still slow. Workers’ rights are generally en-
need to be authorized. The authorities often forced. However, the law does not provide
deny permits for peaceful demonstration, workers with the right to remove them-
public protests, and rallies that pose a selves from hazardous conditions without
threat to national security. jeopardizing their jobs.
Membership in an unlicensed political The government imposes some restrictions
party is illegal. Workers’ unions must be on freedom of religion, and some minorities
registered to be considered legal. are subject to societal discrimination, par-
Women face societal discrimination, re- ticularly the Bahai. The government does not
sulting from traditional values and practices, recognize Jehovah’s Witnesses, the United
300 The Human Rights Encyclopedia

Pentecostal Church, the Church of Christ, Jordanians from attending conferences for
the Assembly of God, or the Church of Jesus Palestinian opposition groups.
Christ of Latter-Day Saints, but each de- The government generally cooperates
nomination is allowed to conduct religious with the United Nations High Commission-
services and activities without interference. er for Refugees (UNHCR) in assisting
Muslims who convert to other faiths com- refugee and asylum seekers. The children of
plain of social and government discrimina- asylum seekers face bureaucratic impedi-
tion. They might be regarded as apostates ments in enrolling in school.
and legally be denied their basic rights. Local and international human rights
Palestinians residing in Jordan who groups are free to investigate and publish
make up 60 percent of the population, face their findings on allegations of human
discrimination in employment and educa- rights abuses. However, they are limited in
tion. Most Palestinians in Jordan are citi- their ability to publish reports alleging tor-
zens of Jordan; but 150,000 Palestinians ture and other abuses committed by the se-
in Jordan are residents—not citizens—and curity services. Local chapters of the
have restricted rights. Jordanian Human Rights Organization
Citizens can travel freely abroad and (JHRO) are registered with the government.
within the country; however, their freedom The government responds to only about 10
of movement is restricted in some areas percent of the complaints submitted on be-
controlled by the military. In addition, half of victims of human rights violations
women need to obtain permission from a committed by the security forces.
male guardian to apply for a Jordanian
Barbara and Michela Zonta
passport or to travel abroad with children.
All Palestinians must obtain permits from Bibliography
the Ministry of the Interior to travel between
Amnesty International. Amnesty International
Jordan and the Israeli-occupied territories.
Report 2000. New York: Amnesty Interna-
Although the constitution prohibits the
tional Publications, 2000.
deportation of citizens, the government has U.S. Department of State. Jordan Country Re-
deported Palestinians who hold Jordanian port on Human Rights Practices for 1999.
passports but do not enjoy the rights of cit- Washington, DC: Bureau of Democracy,
izens. The government has also prevented Human Rights, and Labor, 2000.
Kazakhstan
BACKGROUND
Upon the overthrow of the Russian empire
in 1918, Kazakhstan became a republic
within the new Soviet Union. The Soviet
regime carried out massive political re-
pression and purges in Kazakhstan, al-
though the later years under Brezhnev
allowed the region, like the Soviet Union,
to stagnate. In September 1991, with the
collapse of the Soviet Union, the Commu-
nist Party of Kazakhstan was disbanded
and Kazakhstan achieved independence on
December 16, 1991.
Kazakhstan is very rich in natural re-
sources, especially fossil fuel reserves, as
well as supplies of other minerals and met-
als. Since independence, the government
has made considerable efforts toward
achieving a market-based economy. The
nation’s industrial sector is based on the
The Republic of Kazakhstan is located in extraction and processing of minerals and
central Asia, on the Caspian Sea. It has metals, as well as on large machine build-
borders with China, Kyrgyzstan, Russia, ing—construction equipment, tractors,
Turkmenistan, and Uzbekistan. Its popu- agricultural machinery, and defense items.
lation of 16.8 million is formed by the fol- The economy has suffered from the
lowing ethnic groups: Kazakhs (46 percent), breakup of the Soviet Union and the con-
Russians (34.7 percent), Ukrainians (4.9 sequent collapse of demand for traditional
percent), Germans (3.1 percent), Uzbeks heavy industry products. Between 1995
(2.3 percent), Tatars (1.9 percent), and oth- and 1997, however, the government pro-
ers (7.1 percent). Islam and the Russian gram of economic reforms and privatization
Orthodox Church represent the major reli- improved the country’s economic situation.
gious denominations practiced in Kazakh- Small and medium-sized firms and most
stan. Protestantism and other religions are large-scale industrial complexes have been
practiced by a minority. Kazakh is the state privatized. In 1996, the Caspian Pipeline
language, although Russian is considered Consortium agreement led to the con-
the official language and is spoken in every- struction of a new pipeline from western
day business. The city of Alma-Ata is the Kazakhstan’s Tengiz oil field to the Black
capital. Sea, thus increasing prospects for larger oil

301
302 The Human Rights Encyclopedia

exports for the following years. The 1998 dictatorship, but its democratic practices
oil price depression and the August 1999 have yet to meet international norms.
financial crisis in Russia resulted in a de- Despite a constitutional provision against
cline in Kazakhstan’s gross domestic prod- torture, violence, or other treatment and
uct (GDP) growth and in living standards punishment that is cruel or humiliating to
for the majority of the population. human dignity, members of the security
The current constitution of the Republic forces often beat or mistreat detainees to
of Kazakhstan, which was adopted following obtain confessions. Law enforcement offi-
the August 1995 all-national referendum, cials usually are supervised very poorly. Ac-
concentrates power in the president. It can- cording to credible reports, detainees
not be amended without the president’s sometimes are choked, handcuffed to radi-
consent. The president can appoint and ators, or have plastic bags or gas masks
dismiss the government, dissolve Parlia- placed over their heads to force them to di-
ment, call referenda at his discretion, and vulge information.
appoint administrative heads of regions and Arbitrary arrests and prolonged deten-
cities. The judiciary is under the control of tions are very common. Moreover, prison
the president and the executive branch, and conditions are very harsh, and overcrowd-
corruption is deeply rooted. The Committee ing, inadequate prison nutrition, and a lack
for National Security—KNB—reports directly of medical supplies and personnel often
to the president and is responsible for na- contribute to the spread of tuberculosis and
tional security, law enforcement activities, other major diseases.
and counterintelligence. Although the constitution provides that
citizens have the right to confidentiality of
personal deposits and savings, correspon-
HUMAN RIGHTS
dence, telephone conversations, and postal,
The constitution adopted in 1995 does not telegraph, and other messages, the gov-
fully safeguard human rights, and viola- ernment regularly violates citizens’ right to
tions are committed regularly in a number privacy.
of areas. In general, democratic institutions The government controls nearly all broad-
are weak, and the government violates cit- cast transmission facilities and reluctantly
izens’ right to change their government. The tolerates independent media. Journalists
government’s conduct was flawed during cannot criticize the president, his family,
the campaign for the January 1999 presi- and other officials. Opposition newspapers
dential election. In various instances, the and other media are regularly ordered to
government harassed the opposition by close or are forced to sell to progovernment
pressuring managers of conference facili- interests. Sometimes independent televi-
ties to deny access at the last moment to sions and radio stations are threatened with
opponents who had arranged meetings and non-renewal of their broadcast licenses. Ac-
press conferences or by interrupting elec- cording to credible reports, the government
tricity at the facilities used for opposition pressured newspapers and television sta-
meetings. Further, the government prohib- tions not to cover the opposition during the
ited some opponents from running in the 1999 presidential campaign. Similarly, aca-
election. Kazakhstan is not technically a demic freedom is not respected.
Kazakhstan 303

Although the constitution provides for the cess to public buildings and commercial
right to peaceful assembly, the government establishments. The government also dis-
regularly imposes significant restrictions on criminates in favor of ethnic Kazakhs in
unsanctioned gatherings, public meetings, government employment, where ethnic
marches, demonstrations, picketing, and Kazakhs predominate, as well as in edu-
strikes. Further, freedom of association is cation, housing, and other areas.
often hindered by controversial registration The government routinely limits workers
requirements. Organizations, movements, rights, including the right to organize and
and political parties must register annually the right to strike. Authorities usually limit
with the government. Political parties estab- the influence and activities of independent
lished on a religious or ethnic basis are usu- trade unions, which often come under pres-
ally denied registration on the grounds that sure for holding unsanctioned demonstra-
their activities could spark social unrest. tions and marches. Members of independent
The constitution states that no one may trade unions are often harassed. Working
be subjected to discrimination for reasons and safety conditions in the industrial sec-
of origin, social position, occupation, prop- tor are substandard, and safety conscious-
erty status, sex, race, nationality, language, ness is poor. Workers in factories usually do
attitude to religion, convictions, place of not wear protective gear and work in condi-
residence, or any other circumstances. tions of poor visibility and ventilation. Fur-
However, the government regularly dis- ther, workers have no legal right to remove
criminates against women, the disabled, themselves from dangerous work situations
and ethnic minorities. without jeopardizing their employment.
Domestic violence against women repre-
Barbara and Michela Zonta
sents a serious problem, and every year
hundreds of thousands of women are the
victims of spousal abuse. Moreover, tradi- Bibliography
tional cultural practices limit the role of
Amnesty International. Amnesty International
women in everyday society and in owning Report 2000. New York: Amnesty Interna-
and managing businesses or real property. tional Publications, 2000.
Citizens with disabilities are not given U.S. Department of State. Kazakhstan Country
equal consideration by employers. In ad- Report on Human Rights Practices for 1999.
dition, the government does not enforce Washington, DC: Bureau of Democracy,
the requirement that the disabled have ac- Human Rights, and Labor, 2000.
Kenya
HUMAN RIGHTS
Despite the zeal with which President Moi
and his ruling party, the Kenya Africa Na-
tional Union (KANU), have pursued eco-
nomic reforms, very little has been done in
recent years to address Kenya’s ongoing
human rights problems. There are reports
of police harassment, excessive use of force,
torture, and deaths in custody. Refugees
from neighboring countries and migrant
workers have also been targeted for police
harassment, as well as for relocation to
rural camps and arbitrary deportation.
More ominous perhaps is the government’s
increasing reliance on gangs of thugs to
break up rallies and meetings held by op-
ponents of the government.
Kenya’s press is for the most part free of
coercion, but some editors and writers have
endured reprisals for inflammatory state-
The Republic of Kenya is an East African ments; one such editor, who published an
country on the Indian Ocean. It shares bor- article about a corrupt judge, was jailed for
ders with Ethiopia, Somalia, Sudan, Tanza- six months for contempt of court. Kenya is
nia, and Uganda. Its capital is Nairobi. It also struggling with the increasing effects of
gained its independence from Britain in the AIDS epidemic.
1963. Daniel arap Moi is currently the pres- According to the government of Kenya’s
ident and head of state. Its legislature is the own figures, police killed 63 suspected
unicameral (single house) National Assem- criminals and another 151 prisoners be-
bly, and its legal system is based on English tween the months of January and October
common law, tribal law, and Islamic law. 1999. Police show an alarming lack of re-
Since 1993, Kenya has undergone state- straint when employing lethal force. Ex-
sponsored economic liberalization, including amples abound of Kenyan authorities
the removal of import licensing and the re- shooting and killing suspected criminals
laxation of price controls. Backed by the In- without just cause. In one case, police were
ternational Monetary Fund (IMF), Kenya has sent to a mosque during a religious cere-
pushed for privatization within its national mony to arrest a man wanted for assault,
industries. The gross domestic product (GDP) after which they began shooting indiscrim-
increased by around 5 percent in 1995. inately and killed five innocent worshippers.

304
Kenya 305

Authorities have shown little tolerance for lice have conducted massive warrantless
protesters as well, opening fire on a crowd “sweeps” in Kenya’s major cities, searching
of rice farmers in Mwea who were protest- for illegal immigrants and firearms. Secu-
ing the policies of the National Irrigation rity forces closely monitor the activities of
Board, killing two. Lack of adequate train- known dissidents by tapping phones and
ing has also shown itself to be a problem; as electronic communications, as well as in-
when responding to a burglary in progress, tercepting mail.
Nairobi police opened fire on members of For the most part, the Kenyan press re-
the household being robbed, shooting two mains forthright and autonomous. Weekly
children. One of the children died. tabloids are extremely critical of the gov-
Some of the persons who died in custody ernment and often air unsubstantiated ru-
were apparently victims of torture. Police mors. There are four major newspapers, the
beat one man and dropped him off at a hos- largest of which is independent and often
pital where he died six days later. According critical of the government. The second
to the Kenyan Human Rights Commission largest newspaper is owned by an invest-
(KHRC), police also tortured to death an el- ment group with close ties to the ruling
ementary school student in February 1999, party, although it at times has also pub-
during a night in a town prison. There has lished articles that chastise the actions of
been no concerted effort on the part of the the government. The third-largest newspa-
Kenyan government to investigate these ex- per is owned by an opposition politician and
trajudicial killings. The government has de- rarely praises the authorities.
nied responsibility for these events, saying Although the constitution provides citi-
that although there are forms available at zens with a right to change their govern-
local police stations for police brutality com- ment through free and fair elections, such
plaints, very few such crimes get reported. an event has yet to be proven possible.
This may be explained by the fact that police There has never been an opposition major-
are reluctant to give out the forms and the ity in the National Assembly, although the
Kenyan public remains skeptical of a process last major elections, held in 1997, were said
that would require the victims of police vio- to represent the view of the majority. How-
lence to report it to the same police. ever, while in office, the executive holds
Mob violence in Kenya is on the increase. power over every branch and level of the
According to the KHRC, 157 people were government. The president appoints provin-
killed in mob violence in the first nine months cial and district commissioners, and they
of 1999. Although there are no statistics, appoint all local officials. In elections, many
there have been reports of deaths during the local officials actively aided KANU. There
year caused by violence against persons ac- are reports that KANU has received financ-
cused of practicing witchcraft. The KANU ing through the sale or transfer of state as-
Youth, or youth faction of the ruling party, sets. These activities are said to be known
has been involved in dozens of instances of to President Moi.
violently dispelling peaceful protests. Violence against women is serious and
Citizens have been subjected to restric- widespread. Cases of rape rose from 903 in
tions on their freedom of movement within 1998 to 1,329 in the first nine months of
the country, and many have been denied 1999. Authorities are not inclined to inter-
the right to a fair and speedy trial. The po- fere in domestic disputes, owing to the so-
306 The Human Rights Encyclopedia

Mothers and children at a clinic in Kiambu.

cial taboos about public discussion of sex country and model itself on Western
and fear of retribution. Women are limited democracies. Kenya has found that it must
to second-class citizenship and are re- struggle against the same difficulties as its
stricted in their political and economic neighboring countries, and in some ways it
rights. Women are substantially outnum- has succeeded. Nevertheless, the example
bered by men in higher education and hold of Kenya serves as a warning to those who
only 5 percent of land titles. say that human rights automatically follow
Private citizens must fund their own chil- from economic success.
dren’s tuition and expenses for school, from
Eric Busch
kindergarten through university. Additional-
ly, the health care system, which once pro-
vided free checkups for school children, is Bibliography
now defunct. Female genital mutilation, wide-
Amnesty International. Amnesty International
ly condemned by most international health
Report 2000. New York: Amnesty Interna-
organizations, continues in many rural areas.
tional Publications, 2000.
Some estimates assert that as much as 50
Human Rights Watch. World Report 2000. New
percent of the female population of Kenya York: Human Rights Watch, 2000.
have suffered from the practice. U.S. Department of State. Kenya Country Re-
Immediately after independence, Kenya port on Human Rights Practices for 1998.
set off on an ambitious course, attempting Washington, DC: Bureau of Democracy,
to leave behind its status as less-developed Human Rights, and Labor, 1999.
Kuwait
BACKGROUND

The origins of Kuwait date back to the eigh-


teenth century, when the city of Kuwait was
founded by the Anaiza tribe, which wan-
dered north from Qatar. Amirs, or princes,
from the Al-Sabah family have ruled Kuwait
for over 200 years. In 1899, Sheikh Mubarak
Al Sabah signed an agreement with the Unit-
ed Kingdom, whereby Kuwait would not cede
any territory or receive agents or represen-
tatives of any foreign power without the
British government’s consent. Britain was
responsible for the security and foreign af-
fairs of Kuwait until June 19, 1961, when
Kuwait became fully independent.
Following Kuwait’s independence, how-
ever, Iraq claimed Kuwait, asserting that
when Kuwait had been part of the Ottoman
Empire it had been subject to Iraqi author-
The State of Kuwait is a country in the Mid- ity. In August 1990, Iraq invaded Kuwait
dle East, bordering the Persian Gulf, be- and occupied its territory until February
tween Iraq and Saudi Arabia. Kuwait City is 1991, when Iraqi forces were expelled by a
the capital city. Kuwait’s population of 1.9 United Nations (UN) coalition led by the
million—including non-nationals—is com- United States. Arab states, especially the
posed primarily of Arabs (78 percent). Less other five members of the Gulf Cooperation
than half of them are from the Arabian Council—Saudi Arabia, Bahrain, Qatar,
Peninsula; many moved to Kuwait from Oman, and the United Arab Emirates—as
nearby states because of the prosperity well as Egypt and Syria, supported Kuwait
brought by oil production after the 1940s. by sending troops to fight with the coalition.
Kuwait also has a sizable population of In- After liberation, the UN demarcated the
dians, Iranians, and Southeast Asians. Iraq-Kuwait boundary on the basis of the
Islam is the majority religion, and about 85 1932 and the 1963 agreements between the
percent of Kuwait citizens are Muslim. two states. Nevertheless, Iraq continues to
Forty-five percent of Kuwaitis are Sunni make claims on Kuwait.
Muslims and 40 percent are Shi’a Muslims. Kuwait is a small country with massive
There are very few Christians. Arabic is the crude oil reserves—it holds 10 percent of
official language of Kuwait, but English is the world’s oil reserves. Despite its empha-
also widely spoken.

307
308 The Human Rights Encyclopedia

on food imports, with the exception of fish.


Kuwait is a member of the UN and some
of its specialized and related agencies, in-
cluding the World Bank, the International
Monetary Fund, the World Trade Organiza-
tion, the General Agreement on Tariffs and
Trade; it also belongs to the African Devel-
opment Bank, the Arab Fund for Econom-
ic and Social Development, the Arab League,
the Non-Aligned Movement, the Organiza-
tion of Arab Petroleum Exporting Countries,
the Organization of the Islamic Conference,
and the Organization of Petroleum Export-
ing Countries.
Kuwait is a constitutional monarchy. The
constitution, adopted in 1962, provides for
an elected National Assembly—the Majlis
al-’Umma. The amir—head of state—repre-
sents the executive branch of the govern-
ment, whereas the High Court of Appeal
represents the judiciary. The amir can sus-
pend the constitution during periods of mar-
tial law. Furthermore, the judiciary is
independent to some degree, but the amir
Demonstrators marching in favor of American action appoints all judges. The Ministry of Interior
to protect the Kurds. Kuwait City,April 1991. supervises the security apparatus, including
the Criminal Investigation Department (CID)
sis on an open market, the government and Kuwait State Security (KSS). These two
continues to dominate the local economy. agencies, in addition to the regular police,
As a member of the Organization of Petro- investigate internal security problems.
leum Exporting Countries—OPEC—Kuwait
benefited from the dramatic rise in oil HUMAN RIGHTS
prices in the 1970s. More recently, howev-
er, its economy has suffered from the triple The government generally respects the
shock of the 1982 securities market crash, human rights of its citizens, although seri-
the mid-1980s drop in oil prices, and the ous violations continue to occur in a num-
1990 Iraqi invasion, which set ablaze or ber of areas.
damaged 749 of Kuwait’s oil wells. Indus- Citizens cannot change their head of
try in Kuwait consists of several large ex- state, and the National Assembly’s power
port-oriented petrochemical units, oil to approve the amir’s choice of his succes-
refineries, and a range of small manufac- sor is very limited. Formal political parties
turers. Agriculture, on the other end, is very are banned, and women and citizens natu-
limited because Kuwait lacks water and has ralized for less than twenty years may not
practically no arable land. Kuwait depends vote or be elected to the National Assem-
Kuwait 309

bly. Moreover, members of the armed as well as private gatherings of more than
forces, police, and other personnel of the five persons, are permitted only upon gov-
Ministry of Interior may not vote. ernmental approval. Political activity is al-
The constitution prohibits torture. How- lowed only in what are known as diwaniyas,
ever, some police and members of the se- which are informal, family-based, almost
curity forces routinely mistreat detainees exclusively male social gatherings. All non-
during interrogation. Among the abuses governmental organizations (NGOs) must
practiced are blindfolding, verbal threats, obtain a license from the Ministry of Social
and slaps and blows. Usually it is non- Affairs and Labor.
Kuwaitis—especially citizens of non-Gulf The government places some limits on
Arab nations and Asians—who are victims freedom of religion. Islam is the state reli-
of such abuses. Prisons are overcrowded gion, and Islamic law is considered the main
but meet minimum international standards source of legislation. The ruling family be-
in terms of nutrition, access to basic health longs to the Sunni branch of Islam. Shi’a Is-
care, family visits, cleanliness, and oppor- lamists, however, are free to conduct their
tunities for work and exercise. traditional forms of worship without gov-
The government does not respect citizens’ ernment interference, although they claim
privacy rights in some areas. The security that the government has not approved the
forces occasionally monitor the activities of construction of new Shi’a mosques in recent
individuals and their communications. The years. Several legally recognized foreign con-
law requires that men obtain government gregations and churches—Catholics, Angel-
approval to marry foreign-born women. icans, and Protestants—are allowed to
Moreover, the government advises women practice their religion freely.
against marrying foreign men and prohibits Those practicing religions not sanctioned
marriage between Muslim women and non- in the Koran are restricted, including Hin-
Muslim men. dus, Sikhs, Bahais, and Buddhists. Mem-
Journalists frequently practice self-cen- bers of such religions may not build places
sorship, despite the constitutional provision of worship, although they may worship pri-
guaranteeing freedom of the press and free- vately in their homes. Missionaries may not
dom to criticize the government at public proselytize among Muslims, and the estab-
meetings and in the media. The government lishment of non-Islamic publishing compa-
often practices informal censorship against nies or training institutions for clergy is not
publishers and editors believed to have at- permitted. The law also prohibits the nat-
tacked government policies and/or dis- uralization of non-Muslims as Kuwaiti cit-
cussed issues considered offensive to Islam, izens. When marrying a Muslim woman, a
tradition, and the interests of the govern- non-Muslim man must convert to Islam,
ment. The Ministry of Information censors whereas a non-Muslim woman does not
all imported books, films, videotapes, peri- have to convert to Islam to marry a Mus-
odicals, and other such materials. In gen- lim man, although it is to her advantage to
eral, academics are subject to the same do so.
restraints as the media regarding criticism The government also places some re-
of the amir or Islam. strictions on freedom of movement. Mar-
The government restricts freedom of as- ried women who apply for passports must
sembly and association. Public gatherings, obtain their husbands’ signature on the ap-
310 The Human Rights Encyclopedia

plication. Husbands may also prevent their men. Such women must pay residence fees
wives’ departure from the country by plac- for their husbands and are not entitled to
ing a twenty-four-hour travel ban on them. government housing subsidies. Polygamy is
Also, all minor children must have their fa- legal, while the marriage of girls under the
thers’ permission to travel outside of the age of seventeen remains a practice of the
country. The government prevents the re- Bedouins, a traditional, tribal Arab group.
turn to Kuwait of the bidoon—stateless per- Although the constitution provides for
sons of mainly Iraqi or Iranian descent who the right to join unions, the government re-
resided in Kuwait prior to the Iraqi invasion. stricts workers’ rights by prohibiting work-
Further, the government restricts the pres- ers from freely establishing trade unions.
ence of nationals of the countries that sup- In general, strikes are not allowed, and all
ported Iraq during the Gulf War, especially labor disputes must be referred to compul-
Jordanians, and Yemenis, as well as Pales- sory arbitration. Furthermore, despite the
tinians. law against forced labor, some foreign work-
Although the constitution prohibits dis- ers—especially unskilled or semiskilled
crimination on the basis of race, national South Asian workers—are treated like in-
origin, language, or religion, it does dis- dentured servants.
criminate against women and non-citizens. The government allows international
Violence against women, including do- human rights organizations to visit the
mestic abuse, is very common. Some em- country and establish offices. In contrast,
ployers regularly abuse foreign women it prevents the establishment of local
working as domestic servants. These women human rights groups.
often do not sue their employers for fear of
Barbara and Michela Zonta
deportation as well as the justified fear that
the judicial system is biased against them.
Moreover, women are denied the right to Bibliography
vote, and their testimony is not given equal
Amnesty International. Amnesty International
weight to that of males in the Islamic courts.
Report 2000. New York: Amnesty Interna-
Traditionally, women are not allowed to tional Publications, 2000.
choose certain roles in society or to work in Human Rights Watch. World Report 2000. New
industries or trades considered dangerous York: Human Rights Watch, 2000.
or harmful to their health. There are no fe- U.S. Department of State. Kuwait Country Re-
male judges or prosecutors. The law dis- port on Human Rights Practices for 1999.
criminates against women married to foreign Washington, DC: Bureau of Democracy,
Kyrgyzstan
wealth of Independent States (CIS). In Jan-
uary 1992, Kyrgyzstan was admitted into the
Conference on Security and Cooperation in
Europe (CSCE). In March 1992, it became a
member of the United Nations (UN).
Kyrgyzstan has a predominantly agricul-
tural economy. However, since its indepen-
dence, Kyrgyzstan has carried out many
market reforms and the government has
been trying to adopt adequate countermea-
sures to overcome economic problems, in-
cluding a high unemployment rate.
The president is the chief of the state and
appoints members of the cabinet on recom-
mendation of the prime minister. The leg-
islative branch is a bicameral Parliament
called the Supreme Council, which is formed
by the Assembly of People’s Representatives
(seventy seats) and the Legislative Assembly
(thirty-five seats). Elections are held every five
Kyrgyzstan is located in central Asia, and is years. The judiciary consists of the Supreme
bounded on the north by Kazakhstan, on Court, which is appointed for a ten-year term
the east by China, on the west by Uzbek- by the Supreme Council on recommenda-
istan, and on the south by Tajikistan. tions of the president.
Bishkek is the capital city. The population The constitution grants all the funda-
of slightly over 4.5 million includes Kirghizs mental human rights, but violations are re-
(52.4 percent), Russians (18 percent), ported in several areas. Citizens have limited
Uzbeks (12.9 percent), Ukrainians (2.5 per- rights to change their government. As a mat-
cent), Germans (2.4 percent), and others ter of fact, local and international observers
(11.8 percent). The official languages are have reported irregularities in the 1995 pres-
Kirghiz and Russian. The great majority of idential and parliamentary elections.
the population is Muslim (about 75 per- The police reportedly use violence in
cent); the remainder is Russian Orthodox order to obtain confessions from detainees
(20 percent) or professors of other religions. during interrogation. Prison conditions do
In March 1991, after a referendum, Kyr- not meet minimum international stan-
gyzstan became independent from the for- dards. Overcrowding, inadequate nutrition,
mer Soviet Union. However, the newly and a lack of necessities such as food are
formed republic joined the new Common- among the main problems. Visits by human

311
312 The Human Rights Encyclopedia

rights monitors are allowed, but many ac- children because of the poor socioeconom-
tivists claim that permission can be ob- ic situation.
tained only through personal connection A law passed in 1991 provides the dis-
with the police. abled with access to public transportation
The constitution provides for an indepen- and parking. The government cooperates
dent judiciary, but in practice the courts are with United Nations High Commissioner for
subject to the influence of the executive Refugees and other humanitarian organiza-
branch. In addition, judges often are willing tions in order to assist refugees.
to accept bribes in exchange for leniency. Several human rights organizations op-
Numerous private magazines, newspa- erate in the country without restriction, and
pers, and radio and television stations exist the authorities are generally cooperative
nationwide, but the government occasion- with them.
ally restricts freedom of speech and the
Barbara and Michela Zonta
press. The government does not respect the
constitutional provisions regarding freedom
of assembly and association. Permission is Bibliography
required for rallies and demonstrations, and
Amnesty International. Amnesty International
such permission is sometimes denied.
Report 2000. New York: Amnesty Interna-
Violence against women is a serious
tional Publications, 2000.
problem, with rape a too-frequent occur-
Central Intelligence Agency. The World Factbook
rence. However, many of these incidents are 1999. Washington, DC: Office of Public Af-
not reported because of cultural traditions, fairs, 1999.
psychological pressure, and negligence by U.S. Department of State. Kyrgyz Republic
the authorities. Shelters for women are not Country Report on Human Rights Practices for
sufficient to meet the need. The government 1999. Washington, DC: Bureau of Democra-
does not assure decent living conditions for cy, Human Rights, and Labor, 2000.
Laos
incrementally shifted to a free-market econ-
omy. Today, the Laotian government en-
courages foreign investment and has
endeavored to create a more effective legal
system to entice potential investors.
The Ministry of the Interior (MOI) is the
primary instrument by which the govern-
ment maintains internal security, although
it shares many of its function with various
LPRP organizations. Foreigners are pri-
marily monitored by the Ministry of Foreign
Affairs, although once again, it shares
many of its duties and resources with both
the MOI and the party apparatus.
All security agents in Laos, including
local, border, and communications police,
work under the auspices of the MOI. The
armed forces’ primary responsibility is ex-
ternal security, although they do maintain
units specializing in counterterrorism and
The Lao People’s Democratic Republic is lo- counterinsurgency. Most observers believe
cated in Southeast Asia. Its capital is Vi- that the civilian government maintains solid
entiane and it became independent from control over the security forces.
France in 1949. It shares borders with Viet-
nam, China, Myanmar (Burma), Thailand,
HUMAN RIGHTS
and Cambodia. Laos is ruled by an au-
thoritarian, communist government. It is Laos has traditionally struggled in matters
under one-party rule, and although it has of human rights, and many problems still
the constitutional rudiments of defined ex- remain. Under the one-party system, citi-
ecutive, legislative, and judicial bodies, in zens do not have the right or the means to
practice, the Lao People’s Revolutionary change their government. Security forces
Party (LPRP) has exerted complete control under the LPRP have committed numerous
over all government functions since its rise human rights violations, such as arbitrary
to power in 1975. The Laotian legal system arrest and detention, intrusive surveillance
is based on traditional customs, French tactics, and brutal treatment of suspected
legal procedures, and socialist practice. dissidents. Many captives are detained for
Laos is extremely poor, even by regional inordinately lengthy periods before trial. Be-
standards. It has a primarily agricultural cause the judiciary is subject to executive
economy. Since the mid-1980s, Laos has and party influence, it cannot ensure due

313
314 The Human Rights Encyclopedia

process. The Laotian government also re- Those who are arrested and detained face
stricts freedom of speech, assembly, and as- ill treatment and unsanitary conditions.
sociation. The government restricts freedom Prisoners are reportedly denied adequate
of religion and freedom to move within the food and medical care. In many cases, po-
country. Women and minorities must con- litical prisoners and prisoners of conscience
tend with social and legal discrimination, face the most harsh prison conditions.
and workers do not have access to collec- Some cases of torture have been reported.
tive bargaining. The government has ac- Although both the constitution and penal
knowledged the issue of human trafficking code of Laos prohibit torture, members of
(mostly women and children) and has taken the Laotian security service have treated
some preventative measures in this area. their prisoners abusively. In March 1998,
In matters of free speech, the Laotian Laotian authorities wearing police uniforms
government has an extremely poor recent arrested and detained a foreign citizen and
record. In October 1999, at least thirty peo- three family members for four days. The
ple were arrested for planning an anti-gov- detainees were reportedly kept in solitary
ernment demonstration in Vientiane. They confinement and subjected to arduous in-
reportedly intended to demand the abdica- terrogation. The government has offered no
tion of the current government, more free- explanation for this treatment. Additional-
dom, and a multiparty democracy. Laotian ly, some reports have indicated the use of
officials characterized the abortive demon- leg chains, wooden stocks, or hand mana-
stration as an illegal anti-government ac- cles for extended periods in some Laotian
tivity. This demonstration and others like prisons.
it were never reported in the Laotian press. Laos has its difficulties with discrimina-
Security laws in Laos allow the authori- tion against minorities. One of the most nu-
ties to monitor the communications of pri- merous ethnic minorities in Laos are the
vate citizens. Evidence indicates that the Hmong. Societal discrimination against the
Laotian government increased its surveil- Hmong persists, although there are now
lance efforts during 1999. The Laotian several Hmong officials holding senior po-
Penal Code makes allowances for the pro- sitions within the government. Beginning
tection of privacy, including mail, tele- in the early 1990s, the Laotian government
phone, and electronic correspondence. In introduced programs to overcome racial
practice, however, it is difficult to judge the and economic disparities in Hmong areas.
efficacy of these legal safeguards. Some observers note that the Laotian gov-
Restrictions of freedom of religious ex- ernment’s attempts to assimilate the
pression continue: people belonging to small Hmong into the general Laotian culture are
church groups not under state control face not respectful of Hmong culture.
imprisonment and in some cases forced re- Women are equal in the eyes of the law
location. More than fifty-five Christians were and enjoy general parity with men in mat-
arrested between January and July 1999 in ters of law and society. Reports of rape and
various provinces. Most of the men arrested sexual harassment are rare, and in most
were rice farmers and day laborers belonging cases that go to court, defendants are con-
to the Bru ethnic minority, and several had victed. The Lao Women’s Union operates na-
been arrested previously on similar charges. tionally to advance the position of women
Laos 315

W ith her children standing nearby, an impoverished Loatian woman cooks food in her makeshift home.

in society. The Family Code prohibits legal erning. The impact of this transition will
discrimination in matters of marriage and likely have a major effect on human rights.
inheritance. Government funding for chil-
Eric Busch
dren’s basic health and nutritional needs is
lacking. Education is compulsory until the Bibliography
fifth grade, although many rural children
Amnesty International. Amnesty International
are working with their parents at much
Report 2000. New York: Amnesty Interna-
younger ages. Violence against children is
tional Publications, 2000.
prohibited and violators are punished se- Human Rights Watch. World Report 2000. New
verely. Reports of physical abuse are rare. York: Human Rights Watch, 2000.
Laos, like many other countries, is try- U.S. Department of State. Laos Country Report
ing to integrate itself into the fast-paced on Human Rights Practices for 1998. Wash-
capitalism of the region while holding onto ington, DC: Bureau of Democracy, Human
its traditional authoritarian modes of gov- Rights, and Labor, 1999.
Latvia
cession of expansionist nations, including
Sweden, Poland, Germany, and Russia.
After a brief period of independence be-
tween the two world wars, Latvia was an-
nexed by the Soviet Union in 1940. German
occupation followed, but the Soviet Union
recaptured Latvia in 1944. Latvia reestab-
lished its independence in August 1991, a
few months prior to the collapse of the So-
viet Union; the last Russian troops left in
1994. Russia has expressed concern about
how Latvia’s laws on language and natu-
ralization may affect non-ethnic Latvians
(mostly Russians), who comprise about 30
percent of the population. In turn, Latvia
is committed to the welfare of over 210,000
ethnic Latvians who reside in Russia. Both
countries refuse dual citizenship to their
inhabitants.
Latvia is a parliamentary democracy. The
The Republic of Latvia is situated in east- president is the head of state and is elect-
ern Europe, bordering the Baltic Sea, be- ed by the Parliament every four years. The
tween Estonia and Lithuania. Riga is the prime minister, as chief executive, and the
capital city. Latvia has a population of ap- cabinet are responsible for the government.
proximately 2.5 million. Ethnic groups in- The Saeima is a unicameral legislative body
clude Latvian (56.5 percent), Russian (30.4 and the highest organ of state authority.
percent), Belarusian (4.3 percent), Ukrain- The 1998 elections for its 100 seats, and
ian (2.8 percent), Polish (2.6 percent), and the national referendum for amending the
other (3.4 percent). Lettish is the official lan- Citizenship Law to meet European stan-
guage, although Russian is also widely spo- dards, were recognized internationally as
ken. Most Latvians belong to the Evangelical free and fair. The judiciary is independent.
Lutheran Church, but a large minority are Latvia has been a member of the United
Russian Orthodox and eastern Latvians are Nations (UN) since 1991 and is a signatory
predominantly Roman Catholic. to a number of UN organizations and other
international agreements. It is also a mem-
ber of the Organization on Security and Co-
BACKGROUND
operation in Europe and of the North
Along with other small nations of Europe, Atlantic Coordinating Council. Latvia wel-
Latvia shares a history of invasion by a suc- comes further cooperation and integration

316
Latvia 317

with National Atlantic Treaty Organization, because of untrained personnel and cor-
the European Union, and other Western or- ruption. The government does not restrict
ganizations. In addition, Latvia was the first freedom of association. However, commu-
Baltic country invited to join the World nist, Nazi, and other organizations whose
Trade Organization in 1998. activities are judged as dangerous to the
The country’s economy is in transition constitution are banned and denied legal
toward full privatization and a free market. status. Non-citizens are also prohibited
With the exception of enterprises in the sec- from forming political organizations.
tors of shipping, telecommunications, and Women face discrimination in employ-
energy, all state monopolies, including agri- ment and wages, especially in the private
cultural land, have been privatized. Per sector. They are underrepresented in gov-
capita gross domestic product is estimated ernment and politics. Violence against
at approximately $4,100. The unemploy- women, including domestic violence, is a
ment rate is about 9 percent and inflation serious problem. Sexual harassment in the
about 4.7 percent. Foreign investment is workplace is widespread. The authorities
still modest. do not effectively enforce laws concerning
prostitution. Both adult and child prosti-
tution are widespread and linked to orga-
HUMAN RIGHTS
nized crime. The government is committed
Citizens enjoy a variety of human rights to the protection of children’s rights in ac-
and liberties. In October 1998, the Saeima cordance with Western models. However,
passed amendments to the 1992 constitu- resources are inadequate to enforce legal
tion providing for the protection of funda- provisions regarding children’s welfare.
mental human rights, including the There are reports that child abuse, includ-
freedoms of speech, the press, religion, and ing sexual abuse and abandonment, is
association, together with protection common.
against discrimination based on race, sex, Although freedom of religion is generally
religion, language, or disability. However, respected, the Law on Religious Organiza-
the country’s human rights record shows tions accords certain rights and privileges
problems in a few areas. only to those religious organizations that
The security forces, including the police register with the government. Foreign evan-
and the Interior Ministry Forces, have been gelists and missionaries can proselytize
responsible for some human rights abus- only if they have been invited by Latvian re-
es. There have been reports that police and ligious organizations. There have been re-
prison officers beat and mistreat detainees ports of incidents of religious intolerance,
and prisoners. Civilians are often victims particularly directed against synagogues.
of harassment, extortion, and use of ex- The constitution prohibits discrimination
cessive force by the municipal police. In based on ethnicity. The new Citizenship
most cases, the government has taken Law passed in 1998 eased restrictions on
steps to discipline the perpetrators. the naturalization process; however, non-
Prisons lack sanitation, medical care, citizens occasionally encounter difficulties
and other resources. Cells are overcrowded in participating fully in civic life. More than
and poorly ventilated. Pretrial detention is 70 percent of Latvia’s residents are citizens,
a problem. The judiciary remains inefficient including non-ethnic Latvians. The law pro-
318 The Human Rights Encyclopedia

vides for the basic needs of non-citizens, dealing with human rights issues are en-
including unemployment compensation couraged by the government and are grow-
and social security benefits. However, cer- ing in number. These NGOs particularly
tain laws prohibit the employment of non- address prison conditions, women’s rights,
citizens in certain categories. In addition, and children’s rights. The National Human
non-citizens must overcome complicated Rights Office operates independently by
procedures to own land. Non-ethnic Lat- promoting human rights and conducting
vians, particularly Russians, allege that the investigations of alleged violations.
Citizenship Law has a language require-
Barbara and Michela Zonta
ment that discriminates against them. The
Citizen and Migration Affairs Office deals
with immigration issues and provides alien Bibliography
passports to non-citizens. Permanent res-
Amnesty International. Amnesty International
ident non-citizens, including former Soviet
Report 2000. New York: Amnesty Interna-
citizens, can change residence, travel
tional Publications, 2000.
abroad, and return to the country. Central Intelligence Agency. The World Factbook
The government cooperates with the 1999. Washington, DC: Office of Public Af-
United Nations High Commissioner for fairs, 1999.
Refugees and is implementing the terms for U.S. Department of State. Latvia Country Re-
Latvia’s accession to the 1951 Convention port on Human Rights Practices for 1999.
Relating to the Status of Refugees. Many Washington, DC: Bureau of Democracy,
nongovernmental organizations (NGOs) Human Rights, and Labor, 2000.
Lebanon
ing its earliest years. With the rise of Islam,
Arab invaders conquered Lebanon and
much of its population eventually embraced
Islam. Lebanon’s unique Middle Eastern
mix of Christian and Muslim populations
stems from this history.
For most of the last 500 years, Lebanon
was not independent but was a province
of the Ottoman Empire. World War I (1914–
1918) destroyed the Ottoman state, and
after its disintegration Lebanon was put
under the supervision of France, one of the
victors in the war. Lebanon gained its in-
dependence on January 1, 1945.
Since independence, Lebanon has had to
deal with three threats to its stability: the
internal tensions between Muslims and
Christians; the desire of some Syrians to
absorb Lebanon into a “Greater Syria”; and
the fallout from the conflicts inside Israel.
Lebanon is located in the Middle East on The conflicts in Israel caused particular
the east coast of the Mediterranean Sea. Its tension in the region after tens of thousands
neighbors are Syria and Israel. It has a pop- of Palestinian refugees fled from the newly
ulation of 3.5 million. Almost the entire created State of Israel (1948); they and their
population are ethnic Arabs. The important descendents are still in refugee camps in
divisions in Lebanon are religious: approx- Lebanon today. Some of those refugee
imately 70 percent of the population are camps were used as bases for Palestinian
Muslims, and the remaining 30 percent are guerrillas who launched attacks on Israeli
Christians. Arabic is the official language territory. Partly as a result of these attacks
of Lebanon, but French is also widely spo- and the Israeli military strikes in response
ken. The capital is Beirut. The government to them, a Lebanese civil war broke out
is a republic headed by a president. 1975. That war escalated with Israel’s 1982
invasion of Lebanon, which led to a tempo-
rary occupation of half of Lebanon and a
BACKGOUND
seven-year occupation of southern Lebanon.
Lebanon has a long history stretching back The fighting damaged much of Lebanon and
to the earliest days of civilization. Occupied helped destroy the once-beautiful city of
by a variety of peoples and civilizations, Beirut. The war was an enormous human
Lebanon was a center of Christianity dur- rights catastrophe for Lebanon.

319
320 The Human Rights Encyclopedia

Civilians in a makeshift hospital (a parking garage basement) while Beirut faces Israeli attack, July 1982.

The civil war ended in 1991, but not all ple, but the fractured nature of Lebanon’s
the fighting ceased. Syria still maintains a political world means that the government
military presence in Lebanon and contin- does not always control the human rights
ues to influence its internal political situa- situation in the country. In particular, the
tion. Israel also has continued to intervene 25,000 Syrian troops that remain in
in Lebanon, carrying out air raids against Lebanon are believed to be responsible for
suspected Palestinian guerrilla bases. The human rights violations, and the same is
ongoing friction that has resulted from these suspected of the Israeli-backed militias in
two foreign powers’ presence in Lebanon southern Lebanon (which were withdrawn
has continued to have a negative impact on in early 2000). Israeli raids and Palestinian
Lebanon’s human rights situation. guerrilla actions also lead to crimes against
human rights. Each year, dozens of fighters
allied with these various factions are killed
HUMAN RIGHTS
in small-scale skirmishes.
Lebanon has a mixed human rights record. The citizens of Lebanon have the right to
The government generally makes good-faith change their government to a limited extent.
efforts to protect the human rights of its peo- Recent parliamentary and presidential elec-
Lebanon 321

tions were generally fair, but the govern- The Lebanese government does protect
ment’s lack of control over much of the its citizens’ right to privacy. Phone taps and
country—those areas under Syrian, Pales- visual surveillance of political opponents
tinian, or local militia control—meant that are commonplace. Syrian security forces,
polling in those areas was flawed. Syrian with the acquiescence of the Lebanese gov-
influence, in particular, affects political ernment, are also believed to be responsi-
campaigns and prevents entirely free elec- ble for numerous privacy violations.
tions. However, Lebanon has made much The right to free speech and a free press
progress in this area and seems to be on is under pressure in Lebanon, but for the
the road toward eventually granting its peo- most part it is protected. Government offi-
ple the right to freely choose their own gov- cials put pressure on journalists to offer a
ernment without any restrictions or favorable view of government actions, and
limitations. this results in some degree of self-censor-
The human rights record of Lebanon’s ship by journalists. Nevertheless, Lebanon’s
security forces is not good. The use of ar- print media are lively, and newspapers are
bitrary arrests is common. Police use harsh fairly free in their criticism of the govern-
methods to interrogate detainees and some- ment and its officials.
times these methods cross over the line into The government protects the right to wor-
torture. Palestinian security forces in Pales- ship freely. In a country with as many de-
tinian refugee camps are also sometimes nominations of Islam and Christianity as
believed to use torture on those they arrest. Lebanon, religious freedom is almost a ne-
Before their withdrawal early in 2000, the cessity for survival. There are occasional
Israeli-backed Southern Lebanon Army was clashes between religious extremists in
responsible for numerous arbitrary arrests Lebanon, but the government, for the most
and the use of torture. The Syrian security part, is able to keep these from escalating.
forces are also believed to be responsible One of Lebanon’s biggest human rights
for arbitrary arrests and torture. problems is the existence of Palestinian
The Lebanese judiciary is nominally in- refugee camps that have been located with-
dependent, but in reality it is prone to re- in its borders for more than fifty years.
spond to political pressure. The political There are between 200,000 and 300,000
importance of individuals often determines Palestinians living in refugee camps. Con-
whether or not they will be arrested or con- ditions in these camps, which more re-
victed. The courts generally avoid convict- semble urban slums than the sea of tents
ing persons closely connected to Syria, that the word “refugee” usually conjures,
largely out of fear of Syria’s large military are difficult. They are largely self-governed
presence in Lebanon. and the local police often do not follow
Prisoners in Lebanon are not treated well. human rights guidelines. Sanitation, health
Prisons are overcrowded, lack adequate care, and shelter are inadequate for the
heat, sufficient plumbing facilities, includ- large number of Palestinian refugess who
ing toilets, and decent medical care. are forced to live in Lebanon. The Lebanese
Human rights advocates are allowed access government makes it difficult for Palestini-
to some, but not all, Lebanese prisons. ans to obtain the legal documents neces-
Some Lebanese still are believed to be held sary to find employment, thereby causing
in Syrian prisons. them to suffer great economic hardships.
322 The Human Rights Encyclopedia

Discrimination and violence against landscape put many children in jeopardy.


women, particularly spousal violence, re- Education and health care have still not
main problems in Lebanon. Nevertheless, reached pre-1975 levels for many Lebanese
Lebanon has a vibrant and active women’s children.
movement that is working to fight for Local and international human rights
women’s rights and create greater aware- groups are permitted to operate in Lebanon
ness of the issue of spousal abuse. Like and are quite active.
many Arab countries, Lebanon’s courts are
Carl Skutsch
more lenient to men who kill female relatives
for reasons of “honor”—these women are Bibliography
usually targeted by their families because of
Amnesty International. Amnesty International
having engaged in adulterous relationships,
Report 2000. New York: Amnesty Interna-
and some Lebanese continue to feel that tional Publications, 2000.
these murders are entirely justified. U.S. Department of State. Lebanon Country Re-
In theory, the government supports the port on Human Rights Practices for 1999.
rights of children, but in practice inade- Washington, DC: Bureau of Democracy,
quate funding and Lebanon’s war-torn Human Rights, and Labor, 2000.
Lesotho
the executive and head of government. Op-
position leaders claim that the elections
which carried the prime minister to office
were fraudulent, and they protested by
using violence to destabilize the govern-
ment, attack the police, intimidate busi-
ness leaders and merchants, and attempt
to spark a rebellion in the army.
In September 1998, the South African
Development Community (SADC), a region-
al security organization, created a military
task force to intervene in Lesotho in order to
subdue an army mutiny and restore law
and order. Political tension in Lesotho per-
sists, however, injuring the cause of human
rights for Lesotho’s citizens.
Lesotho’s security forces consist of the
Lesotho Defense Force (LDF), the Lesotho
Police Service (LPS), and the National Se-
curity Service (NSS). The government has
made attempts to put all three of these or-
gans under direct civilian control. Howev-
Lesotho is a small African country existing er, the Lesotho armed forces have had a
as an enclave within the nation of South history of intervening in the country’s po-
Africa. Originally called Basutoland, it was litical affairs (the LDF ruled Lesotho under
renamed the Kingdom of Lesotho upon two successive military regimes: from
achieving independence from Great Britain 1985–1990 and 1990–1993). Under the
in 1966. The population is approximately leadership of the SADC, fifty army officers
two million; almost all are members of the were charged with fomenting rebellion and
Sotho ethnic group. The capital is Maseru. court-martialed. This instance marked the
Lesotho is a modified constitutional first instance in which any member of
monarchy, much like that of the United Lesotho’s armed forces were disciplined by
Kingdom, in which the king, in this case a civilian legal system.
King Letsie III, fills a ceremonial role, hav-
ing no executive authority and being pre-
HUMAN RIGHTS
vented from taking an active part in
political affairs. Prime Minister Pakalitha Lesotho’s recent human rights record has
Mosisili took power in 1998, and serves as been marred by the violence of the 1998 re-

323
324 The Human Rights Encyclopedia

volt. In February 1998, police opened fire them frequently criticize the government.
on a group of protesters, killing two and in- Although some journalists have complained
juring twenty. The police officers were sub- about the inaccessibility of government
sequently arrested, but later released when documents, the press is allowed to freely
no one registered a formal complaint. Dur- cover government activities. The govern-
ing the unrest of 1998, violence between ment controls two weekly newspapers and
police, protesters and opposing political fac- one radio station and conducts a one-hour
tions claimed the lives of nine people, in- daily newscast on a local television channel.
cluding one police officer. In the war, over Citizens have access to South African
fifty members of the LDF and forty civilians media and satellite television broadcasts
aligned with the opposition died in combat from around the world. Lesotho’s govern-
with troops from the SADC. ment runs the only university and respects
There have been no reports of extrajudi- academic freedom.
cial killings. However, there have been sub- Domestic violence occurs frequently in
stantiated reports that the police used Lesotho, and is believed to be a widespread
excessive violence against detainees. Op- problem, although accurate statistics are
position leaders charge that LDF soldiers not currently available. Local tradition al-
and the police tortured soldiers accused of lows women to return to their “maiden
mutiny, although no evidence has been homes” if they are abused by their hus-
given to support this claim. bands. Common law stipulates that wife
Prison conditions are poor, but not life- beating is a criminal offense, but few do-
threatening. Representatives from Amnesty mestic violence cases are brought to trial.
International were allowed to visit prisoners Lesotho custom and common law limit the
being held on charges of mutiny in rights of women in matters of property dis-
Lesotho’s maximum security prison. They putes and inheritance. Women have the
reported that the inmates’ cells were in- right to sue for divorce, but as long as a
fested with insects and lacked adequate woman is married, her legal rights are co-
light, ventilation, and sanitation facilities. opted by those of her husband. She cannot
The judge advocate later ordered prison of- enter into legally binding contracts without
ficials to improve prison conditions, after the consent of her husband. Traditionally,
which inmates received better food and suitors are expected to pay a “bride price,”
sanitation. Women and men are housed reinforcing the idea that women are a form
separately and there have been no reports of property.
of rape in prison. The government has not adequately ad-
Lesotho’s constitution provides for free- dressed issues of child welfare, although it
dom of speech and freedom of the press, has allocated substantial sums to improv-
and the government usually respects these ing national primary and secondary
rights in practice. There are several inde- schools. Education is not compulsory at
pendent newspapers, including a Roman any age, and 25 percent of Lesotho’s chil-
Catholic Church publication, one controlled dren do not attend school of any kind. Child
by the Lesotho Evangelical Church, and abuse is not common, but children are
four English-language newspapers. All of often forced to work at very young ages.
Lesotho 325

The Lesotho government’s attitude to- Bibliography


ward human rights has been generally open
Amnesty International. Amnesty International
and favorable. The government does not
Report 2000. New York: Amnesty Interna-
prevent or hinder the efforts of non-gov- tional Publications, 2000.
ernmental human rights groups, which Human Rights Watch. World Report 2000. New
continue to operate freely and openly crit- York: Human Rights Watch, 2000.
icize the government. U.S. Department of State. Lesotho Country Re-
port on Human Rights Practices for 1999.
Washington, DC: Bureau of Democracy,
Eric Busch Human Rights, and Labor, 2000.
Liberia
coups and internal civil wars. Until 1980,
the minority Americo-Liberians dominated
the government through the True Whig
Party. However, in 1980 Samuel Doe, a
member of the indigenous Krahn ethnic
group, seized power through a military
coup. Doe was killed in 1990, at the onset
of a civil war that ended in 1996 with the
Abuja Peace Accords. In July 1997, presi-
dential and legislative elections were held in
an atmosphere of intimidation, although
they were considered administratively open
by international observers. Charles Taylor,
leader of one of the warring faction, won
the presidency, and his National Patriotic
Party (NPP) obtained the majority of seats in
the National Assembly.
Although the constitution provides for
the separation of powers, traditionally the
presidents have retained extraordinary
The Republic of Liberia is a country in west- power. The state remains highly central-
ern Africa, bordering the Atlantic Ocean, ized. The president is both the head of gov-
between Ivory Coast and Sierra Leone. ernment and head of state. The bicameral
Monrovia is the capital city. Liberia has a National Assembly does not exercise gen-
population of approximately 3 million. Eth- uine independence, and the judiciary is
nic groups include indigenous African subject to the influence of the executive.
tribes (about 95 percent) and Americo- Liberia’s economy has been mostly de-
Liberians (about 2.5 percent), who are de- stroyed by the civil wars of 1989–1997. The
scendents of freed slaves who came to newly elected government has inherited
Liberia from the United States and the massive international debts. Despite its
Caribbean. About 70 percent of the popu- natural resources, such as iron ore, rub-
lation are animists; the rest are Christians ber, timber, diamonds, and gold, together
or Muslims. with a climate favorable to agriculture,
Liberia’s productive capacity is depressed.
The main problems are, among others, the
BACKGROUND
lack of infrastructures, the corruption and
Founded as an independent republic in exploitation at all levels of society, and the
1847, Liberia’s turbulent history has been internal displacement of civilians. Unem-
characterized by a succession of military ployment rate is estimated at over 70 per-

326
Liberia 327

ment occasionally investigates some of the


alleged abuses committed by the security
forces; however, those convicted are either
exonerated or receive light sentences.
Prison conditions remain harsh, often
life-threatening. Prisons are overcrowded
and detainees are not provided with ade-
quate food and medical care. Children are
often incarcerated with adult inmates.
Arbitrary arrests and detention are seri-
ous problems as well. Citizens are not
granted the right to due process. Corrup-
tion, lack of professionalism, and pressure
from the executive characterize the judicial
system. Lengthy pretrial detentions are
common and result from inefficiency and
lack of resources. Traditional courts still
operate in several localities where the judi-
ciary has not been reestablished. The au-
Dead rebels being carried toward a mass grave near
thorities condone clan chieftains’ habits of
Monrovia, November 1990. administering criminal justice with the use
of “trial-by-ordeal” methods of determining
cent. Approximately 80 percent of the pop- guilt or innocence. One such method is the
ulation lives below the poverty line. placement of a burning piece of metal on a
suspect’s body to determine whether the
person is telling the truth.
HUMAN RIGHTS
The government infringes on citizens’ right
Liberia’s human rights record continues to to privacy. Police and security forces rou-
be very poor in many areas. tinely conduct searches without warrants
The security forces are reportedly re- and often loot homes. They are also respon-
sponsible for human rights abuses, in- sible for harassment and threats against op-
cluding extrajudicial killings, ritualistic position figures and their families, human
killings, and use of excessive force. Clash- rights activists, and journalists.
es between governmental forces and ethnic The government restricts freedoms of
Krahn fighters that opposed Taylor’s fac- speech and the press. Private newspapers
tion during the civil war have resulted in and radio stations have been closed down.
hundreds of deaths and disappearances. Journalists and editors practice self-cen-
Security personnel routinely use torture sorship. International cable or satellite tele-
and other degrading treatments during in- vision broadcasts are not available. News
terrogations of suspected criminals. Civil- programming is usually pro-government.
ians living in rural areas, refugees at the The government generally respects the
border, and displaced persons are com- rights of freedom of assembly and associa-
monly harassed and extorted of money or tion. Workers can form trade unions and they
goods by the security forces. The govern- have the right to strike. However, their activ-
328 The Human Rights Encyclopedia

ities remain limited, partly because of wide- land of ethnic conflicts. Societal ethnic dis-
spread illiteracy. Workers’ health and safety crimination continues to be common. Po-
standards are not enforced. litical tensions and episodes of violence
Although the constitution prohibits dis- persist between rival ethnic groups.
crimination based on sex, race, language, The government restricts freedom of
religion, disability, or social status, the gov- movement within the country; the police
ernment does not enforce those provisions and the security forces have set up several
in practice. Women are subject to discrim- checkpoints where travelers often are sub-
ination, especially in rural areas where tra- ject to extortion or arbitrary searches.
ditional practices are stronger. They remain The government complies with the 1951
underrepresented in government and poli- United Nations Convention Relating to the
tics. Violence against women is quite com- Status of Refugees and its 1967 protocol in
mon, although widely ignored by the addressing refugee or asylum seeker sta-
authorities. The practice of female genital tus. In particular, it currently cooperates
mutilation is on the rise again. The gov- with the United Nations High Commission-
ernment has taken no action to stop this er for Refugees and other humanitarian or-
internationally condemned ritual. ganizations in assisting the more than
Children are widely neglected in terms of 120,000 Sierra Leoneans living along the
education and care. Schools are in poor western border of the country.
condition. The civil war left thousands of Although the government generally per-
children orphaned, abandoned, and psy- mits domestic and international human
chologically traumatized. Their welfare is rights organization to operate freely in the
left in the hands of humanitarian organi- country, there have been reports of ha-
zations, such as UNICEF. Although pro- rassment and threats by members of the
hibited by law, child labor, including forced security forces against human rights ac-
and bonded labor, is known to occur and tivists and non-government organization
is commonly ignored by the government. workers. The government has taken no ac-
The number of people with disabilities tion to convict the perpetrators. A human
also increased as a result of the civil war. rights commission was created in 1997, but
There are no laws mandating accessibility to it is still inactive due to restrictions and im-
public buildings or services for the disabled. pediments set by the government.
Although prohibited by law, discrimina-
Barbara and Michela Zonta
tion based on religion exists, and the gov-
ernment supports it in public policies. Bibliography
Christians have better opportunities in em-
ployment and career advancement. Mus- Amnesty International. Amnesty International
Report 2000. New York: Amnesty Interna-
lims allege discrimination in high-level
tional Publications, 2000.
government jobs. The constitution allows
Central Intelligence Agency. The World Factbook
discrimination by stating that full citizen-
1999. Washington, DC: Office of Public Af-
ship is granted only to “Negroes or those of fairs, 1999.
Negro descent.” In this way, many people U.S. Department of State. Liberia Country Re-
of Asian and Lebanese ancestry are denied port on Human Rights Practices for 1999.
full citizenship rights. As an ethnically di- Washington, DC: Bureau of Democracy,
verse country, Liberia has always been a Human Rights, and Labor, 2000.
Libya
councils. In reality, it is a military dictator-
ship that has been ruled by Colonel Muam-
mar al-Qadhafi since September 1969.
A former Italian colony, Libya achieved
independence in 1951 through United Na-
tions (UN) negotiations. Libya was pro-
claimed a constitutional monarchy under
King Idris I, who governed until he was
overthrown by a military coup in September
1969. The Revolutionary Command Coun-
cil (RCC) established the Libyan Arab Re-
public (LAR), and its leader, Colonel
Qadhafi, emerged as the chief of state.
In its foreign policies, Libya has sup-
ported Arab and African revolutionary
forces, the Palestinians’ cause, and favored
the elimination of external, particularly
Western, influences in the Middle East and
Africa. It also has tried to play an active role
in various international organizations, in-
cluding the UN.
Libya is a country in Northern Africa, bor- The economy depends on oil revenues,
dering the Mediterranean Sea, between which represent the principal source of for-
Egypt and Tunisia. Tripoli is the capital eign exchange. Widespread corruption, mis-
city. Libya’s population of approximately 5 management, and massive investments in
million is primarily a mixture of Arabs and the military have caused high levels of in-
Berbers. Other ethnic groups include flation and increases in import prices, pre-
Greeks, Maltese, Italians, Egyptians, Pak- venting economic expansion, much to the
istanis, Turks, Indians, and Tunisians. Ara- detriment of the general population. In ad-
bic is the official language; however, Italian dition, Libya has been subject to economic
and English are widely understood in the and diplomatic sanctions imposed by the
major cities. About 97 percent of the pop- UN Security Council following the bomb-
ulation are Muslims. ings of Pan Am Flight 103 over Scotland in
1988 and UTA Flight 772 over Chad in
1989 (both of which have been blamed on
BACKGROUND
Libyan-controlled terrorists). The Libyan
Libya’s official name is the Socialist People’s government continues to violate the UN
Libyan Arab Jamahiriya. In theory, it is a sanctions against air travel to and from the
state of the masses, governed through local country and has engaged in an aggressive

329
330 The Human Rights Encyclopedia

campaign to gain international support for be very poor, although official information
the elimination of all sanctions. is unavailable and the government does not
permit human rights monitors to visit its
prisons. It is estimated that at least 1,000
HUMAN RIGHTS
political prisoners are detained and denied
Human rights violations continue to be ex- communication with anyone outside
tensively reported. Citizens do not have the prison.
right to change their government. The po- The government infringes on the citizens’
litical system rejects the principles of right to privacy. Security forces routinely
democracy, and Qadhafi exercises absolute conduct searches without warrants. Purifi-
power with the support of a pervasive se- cation Committees have the power to seize
curity apparatus and powerful revolution- property from members of the middle and
ary committees. The government also wealthy classes.
controls the judiciary. Freedoms of speech and the press are se-
Since the late 1980s, Qadhafi has pur- verely restricted. The government has a mo-
sued a radical policy of eliminating poten- nopoly over all media. Any opinion critical
tial opponents of the regime, particularly of the regime is considered illegal. A few for-
Islamic fundamentalists, in the country and eign publications are available, although
abroad. This policy has led to violent clash- they are subject to censorship. Academic
es between Islamist activists and security freedom is limited as well.
forces in Benghazi. Public gatherings must be authorized by
The government has adopted tight secu- the government. Associations or institu-
rity measures. Security forces use arbitrary tions not affiliated with the regime are pro-
arrests, detention, intimidation, abduction, hibited, including independent trade
and extrajudicial killings to control oppo- unions and professional associations.
sition activists or suspected sympathizers. The government does not enforce con-
Political dissidents in exile are targeted as stitutional provisions against discrimi-
well. Family ties with political dissidents nation toward women. Societal attitudes
can result in government harassment and and practices still prevent women from
detention. Entire communities can be pun- attaining family or civil rights, although
ished for providing aid or not informing the some progress toward equality has been
regime about criminals and opponents of achieved, especially in the area of educa-
the government who are in their midst. tion. Violence against women remains a
Political and economic crimes are pun- problem, including domestic violence. Fe-
ishable by the death penalty. Special revo- male genital mutilation is still practiced
lutionary courts conduct trials in cases by nomadic tribes in remote areas.
involving political dissidents. These trials are Discrimination based on tribal status
often held in secret or in the absence of the persists, especially against non-Arab
accused. Capital cases are tried unfairly. minorities.
Torture and other cruel, degrading treat- The government restricts freedom of reli-
ments are reportedly used by security gion. The Islamic Call Society is the organ of
personnel during interrogation or as pun- the state-approved religion and is the main
ishment. Prison conditions are believed to tool for exporting the Libyan revolution
Libya 331

abroad. Other Islamic groups are banned. The government does not grant asylum,
Some minority religions are tolerated, in- first asylum, or refugee status.
cluding Catholicism. Qadhafi continues to deny the right of in-
Movement within the country is restrict- dependent human rights organizations to
ed in those regions where anti-government form. International human rights groups
attacks are more likely to occur. Citizens are are not permitted to visit Libya, and the
required to have exit permits to leave the government ignores their appeals on behalf
country. Women need their husband’s au- of victims of human rights abuses.
thorization to travel abroad. The regime con- Barbara and Michela Zonta
tinues to encourage citizens, including Bibliography
students, who are abroad to return. They
are routinely interrogated upon their return. Amnesty International. Amnesty International
Report 2000. New York: Amnesty Interna-
The government also uses threats of ex-
tional Publications, 2000.
pulsion of foreign workers or residents as a
Central Intelligence Agency. The World Factbook
tool against countries that oppose Libya’s
1999. Washington, DC: Office of Public Af-
regime. On some occasions, the regime re- fairs, 2000.
portedly forced foreign workers into com- U.S. Department of State. Libya Country Report
mitting subversive actions against their on Human Rights Practices for 1999. Wash-
own countries or coerced them into invol- ington, DC: Bureau of Democracy, Human
untary military service. Rights, and Labor, 2000.
Liechtenstein
highly developed industrial economy with a
vital financial sector and a low unemploy-
ment rate. The citizens’ standard of living is
high. Since 1923, the country has partici-
pated in a customs union with Switzerland
and uses the Swiss franc as its currency. As
a member of the European Economy Area
(EEA) since 1995, the government’s eco-
nomic policies have attempted to align with
those of the European Union.
The government generally respects the
human rights of its citizens, and the judiciary
deals effectively with rare instances of abuse.
In recent years, there have been no re-
ports of violations at any level of individual
and public life, except those regarding soci-
etal discrimination against women and the
disabled and domestic abuse. Women have
been denied equal treatment and opportu-
nity in economic life, although the govern-
The Principality of Liechtenstein is located in ment has been enacting new laws to
western central Europe and is bounded on improve their situation. The constitution
the east by Austria and on the west by does not explicitly address discrimination
Switzerland. Valduz is the capital. Liechten- against people with disabilities, and build-
stein’s population of over 32,000 is composed ings and governmental services are often in-
primarily by Alemannics; other ethnic groups accessible to them.
include Italians and Turks. The official lan- The government generally cooperates
guage is German. Roman Catholicism (80 with the United Nations High Commission-
percent) and Protestantism (7.4 percent) rep- er for Refugees, humanitarian organiza-
resent the major religious denominations. tions, and human rights groups.
Since 1921, Liechtenstein has been a
Barbara and Michela Zonta
hereditary constitutional monarchy. The
Parliament is elected every four years by Bibliography
universal suffrage. All new legislation must
Central Intelligence Agency. The World Factbook
have the monarch’s consent. In 1984, 1999. Washington, DC: Office of Public Af-
women received the right to vote in nation- fairs, 2000.
al elections. In 1990, Liechtenstein joined U.S. Department of State. Liechtenstein Country
the United Nations. Report on Human Rights Practices for 1999.
Despite its small size and limited natural Washington, DC: Bureau of Democracy,
resources, Liechtenstein has achieved a Human Rights, and Labor, 2000.

332
Lithuania
omy to a free market, and about 50 percent
of the state property is now privatized. Agri-
culture employs the largest number of
workers. Inflation rates remain high.
The citizens enjoy a variety of human
rights. However, problems remain in a few
areas. The police continue to commit
human rights abuses and reportedly beat
or mistreat some prisoners held in custody.
There were also reports of human rights
violations committed by non-commissioned
military personnel. The Interior Minister
took disciplinary actions and charged the
perpetrators when allegations of abuse
were made against government officers.
Corruption is widespread among police of-
ficers, and the government is making prac-
tical efforts to contain the problem by
improving wages and training. Prison in-
frastructure is poor, with overcrowding a
Lithuania is a country in eastern Europe, major problem. Pretrial detention is also a
bordering the Baltic Sea, between Latvia problem.
and Russia. Vilnius is the capital city. The Although the constitution provides for a
population of approximately 3.5 million in- defendant’s right to legal counsel, in prac-
cludes Lithuanians (80.6 percent), Poles (7 tice the shortage of trained attorneys and
percent), Belarusians (1.6 percent), and oth- the increasing number of criminal cases
ers (2.1 percent). Lithuanian is the official prevent the judicial system from ensuring
language, although Polish and Russian are due process for all defendants.
spoken as well. The population is primarily President Adamkus has promoted the es-
Roman Catholic. tablishment of an international commis-
Lithuania is a parliamentary democracy. sion to investigate crimes against humanity
The country regained its independence in that were perpetrated in Lithuania from
1991, after more than fifty years of Soviet 1939 to 1991. However, the commission
rule. The 1992 constitution provides for a continues to lack the funding necessary to
unicameral legislature, a president as the proceed with its plans.
head of state, and a government led by a Conservative attitudes keep women in a
prime minister and his cabinet. The judi- subordinate role in society. They remain
ciary is independent. underrepresented in the managerial sector,
Since independence, Lithuania has been in government, and in politics. Violence
progressing from a centrally planned econ- against women, including domestic vio-

333
334 The Human Rights Encyclopedia

Funeral for a reporter killed by government troops, August 1991.

lence, is a serious problem. Women are par- part of their own accord or are repatriated
ticularly targeted by organized crime. A with the financial assistance of interna-
number of women, some underage, report- tional organizations.
edly have been forced or tricked into pros- Domestic and international human
titution and sent abroad for purposes. rights organizations operate freely. They are
Child abuse is a problem as well. The press generally encouraged by the government to
commonly reports cases of sexual abuse, perform their investigations of alleged vio-
mistreatment, child pornography, child pros- lations of human rights. However, the Min-
titution for tourists, and murders committed istry of the Interior has refused to release
by parents under the influence of alcohol. information on police brutality and other
People with disabilities are entitled by law human rights abuses. On a positive note,
to a broad category of rights and public ben- the Department of International and
efits. However, many of these services are Human Rights within the Ministry of Jus-
not readily available to them, including ac- tice was established in 1994, and its func-
cessibility to public buildings. Discrimina- tion is to monitor human rights issues.
tion and violence against religious or ethnic
Barbara and Michela Zonta
minorities are rare. Workers’ rights are gen-
erally respected. However, the authorities Bibliography
do not effectively enforce safety regulations.
Central Intelligence Agency. The World Factbook
Citizens are not restricted in their rights 1999. Washington, DC: Office of Public Af-
to free movement within the country and fairs, 2000.
to foreign travel. The government cooper- U.S. Department of State. Lithuania Country Re-
ates with the United Nations High Com- port on Human Rights Practices for 1999.
missioner for Refugees in assisting refugee Washington, DC: Bureau of Democracy,
or asylum seekers. Illegal immigrants de- Human Rights, and Labor, 2000.
Luxembourg
the majority of seats in the Chamber of
Deputies. The Council of State serves as an
advisory body to the Chamber of Deputies.
The judiciary is independent. In 1948, Lux-
embourg, Belgium, and the Netherlands
formed the BENELUX custom union. Since
1949, Luxembourg has been a member of
NATO. It is also a member of the European
Union (EU).
Luxembourg’s economy is based on in-
dustrial and banking activities, which pro-
vide citizens with a high standard of living.
Unemployment is 3 percent, the lowest in
the EU. One-third of Luxembourg’s labor
force are foreign workers.
The constitution grants the Luxem-
bourgers all basic human rights, and the
government respects them in practice. As of
1998, there were no allegations of major
human rights abuses. However, a few prob-
lems were reported.
The Grand Duchy of Luxembourg is situ- Despite the fact that the constitution
ated in western Europe and is bounded on grants equal treatment, women were still
the north and the west by Belgium, on the receiving wages 9 to 25 percent lower than
east by Germany, and on the south by those of men for equal work. There was still
France. Its population of about 430,000 is great concern about the abuse of women
composed primarily of people of French and and children. In 1997, 342 women and 363
German descent. Other major groups have children received assistance from women’s
Italian and Portuguese origins. The official shelters.
languages are Luxembourgian, French, and The law does not guarantee accessibility
German. Ninety-seven percent of the pop- for the disabled. The great majority of build-
ulation is Roman Catholic, while the re- ings and public transportation are not ac-
mainder are Protestant or Jewish. cessible to people with disabilities.
Luxembourg achieved independence in In 1998, the police broke into the house
1839. Since 1868, it has been a constitu- of a journalist who published an article
tional monarchy. The Grand Duke is the about a case of corruption in which the In-
chief of state and has ceremonial and ad- terior Minister was involved. They tried to
ministrative duties. The prime minister is force him to reveal his sources of informa-
the leader of the party or coalition holding tion. This incident brought attention to the

335
336 The Human Rights Encyclopedia

need for a reform of the Press Law, which Bibliography


has been in effect since 1869.
Central Intelligence Agency. The World Factbook
Luxembourg has always operated in co-
1999. Washington, DC: Office of Public Af-
operation with the United Nations High fairs, 2000.
Commissioner for Refugees. In addition, the U.S. Department of State. Luxembourg Country
authorities have been very cooperative with Report on Human Rights Practices for 1999.
human rights observers. Washington, DC: Bureau of Democracy,
Human Rights, and Labor, 2000.
Barbara and Michela Zonta
Macedonia
arguing that this name should solely apply
to a region of northern Greece. This name
controversy may have seemed trivial to out-
siders, but Greeks took it very seriously and
imposed an economic blockade on Macedo-
nia during 1994 and 1995. Although rela-
tions have improved, Greek officials still
insist on calling Macedonia the “Former Yu-
goslavia Republic of Macedonia.”
Macedonia has also been adversely af-
fected by the crises in next-door Yugoslavia
and Albania. A significant percentage of
Macedonia’s population is ethnically Al-
banian, and many of those Albanians were
sympathetic to the problems of their near-
by ethnic cousins. The 1999 NATO bombing
campaign in Kosovo, and the simultaneous
ethnic purges carried out by the Yugosla-
vian army, also led to a large influx of eth-
nic Albanian refugees pouring across the
Macedonia is a Balkan country bordered Macedonian border.
by Yugoslavia, Albania, Greece, and Bul-
garia. The population of approximately 2
HUMAN RIGHTS
million is divided between Macedonians (65
percent) and Albanians (22 percent), with The Macedonian government is moderate
smaller groups, primarily Roma and Bul- effective at defending its citizens’ human
garians, making up the remainder of the rights. Elections are free and open, and it
population. The capital of Macedonia is is possible for citizens to successfully
Skopje. Macedonia is a republic led by an change their government. There remain,
elected president. however, significant problems.
Macedonia has long been dominated by The police have been accused of beating
foreigners. Turkey ruled the area until and abusing suspects and prisoners. Roma,
1912, when it was conquered by Serbia. sometimes also called Gypsies, have com-
Macedonia then became a part of the new monly been targeted as victims of this kind of
Kingdom of Yugoslavia. In 1991, with the abuse. Roma rights organizations accuse po-
collapse of Yugoslavia, Macedonia declared lice of harassing Roma and of always favor-
its independence. ing ethnic Macedonians in confrontations
The new state has suffered a number of involving Roma and ethnic Macedonians. The
political problems. To begin with, Greece ob- police have also been accused of harassing
jected to the use of the name Macedonia, ethnic Albanian refugees from Kosovo. Prison

337
338 The Human Rights Encyclopedia

conditions are fairly harsh, but they meet sometimes treating refugees with harshness,
minimum international standards. or of not providing sufficient facilities for
Ethnic discrimination remains a prob- refugees (it is believed that a small number
lem. Social discrimination against Roma, of refugees died because of harsh conditions
ethnic Albanians, ethnic Turks, and ethnic at border crossing areas). However, consider-
Serbs remains commonplace. There have ing the scale of the crisis, the government’s
also been a number of cases of ethnic Al- response met the requirements of human
banian Kosovar refugees harassing Roma, rights mandates. After the establishment of
and some of these incidents required po- refugee camps, frictions continued between
lice intervention. Despite their making up refugees and the Macedonian police. The end
more than one-fifth of the population, eth- of fighting in Kosovo ended Macedonia’s
nic Albanians are underrepresented in the refugee problems. Most refugees had returned
police and army officer corps. to Kosovo by the end of 1999.
The constitution protects freedoms of Family violence against women is com-
speech and the press both in law and in mon. Wives rarely go to the police with com-
practice. The country has many indepen- plaints about violence. There is only limited
dent newspapers. Some newspapers receive legal recourse for women whose husbands
government subsidies or are partially gov- rape them. Most Macedonians do not seem
ernment owned, and this has led to the sus- to view violence against women as a seri-
picion, probably true, that their reporting is ous problem, although women’s groups are
more favorable to government interests. But active in trying to raise public awareness.
even these papers provide coverage of the Women do not have equal access to busi-
activities of opposition political parties. ness or political employment. Women are
The government respects academic free- paid less than men for the same work.
dom, but higher education is only provided The government is committed to the wel-
in Macedonian. Some ethnic Albanians be- fare of children. Children are supposed to
lieve that this is a human rights violation receive an education through at least age
because it makes it more difficult for ethnic twelve. Discrimination against the disabled
Albanians to receive a college education. is illegal. The government, however, does
The government allows religious freedom. not require all buildings to provide access
Religious groups are required to register to the disabled.
with the government, but few limitations The Macedonian government allows local
are put on them in practice. The govern- and international human rights organiza-
ment also allows people to travel freely in tions to operate freely in the country, and it
and outside of Macedonia. is generally responsive to their complaints.
The 1999 war in Kosovo left Macedonia
Carl Skutsch
with a huge refugee problem. An estimated
250,000 to 300,000 or more ethnic Albani-
ans fled the fighting in Kosovo and moved into Bibliography
Macedonia. Macedonia, a relatively poor
Amnesty International. Amnesty International
country, was heavily burdened by the expense
Report 2000. New York: Amnesty Interna-
of this influx. The arrival of large numbers of tional Publications, 2000.
ethnic Albanians also heightened tensions be- U.S. Department of State. Macedonia Country
tween Macedonia’s own ethnic Albanian mi- Report on Human Rights Practices for 1999.
nority and the Macedonian majority. The Washington, DC: Bureau of Democracy,
Macedonian government was accused of Human Rights, and Labor, 2000.
Madagascar
moil followed, concluding with the creation
of a socialist-oriented constitution with a
highly centralized government. Only limit-
ed political opposition was tolerated, and
no direct criticism of the president was al-
lowed in the press.
After 1990, an easing of political and eco-
nomic restrictions led to a multiparty gov-
ernment and a free press in Madagascar. In
August 1992, Malagasy voters approved a
democratic constitution. Under the new con-
stitution, the president is elected by direct
universal suffrage for a five-year term and
is responsible for defense and foreign policy.
The National Assembly consists of 138 rep-
resentatives elected by direct vote every four
years. The prime minister executes legisla-
tion. The legal system is based on French
civil law and traditional Malagasy law.
Madagascar actively participates in many
The Republic of Madagascar is an island in international organizations, such as the UN,
the Indian Ocean. It is located off southern United Nations Educational, Scientific and
Africa, east of Mozambique. Antananarivo is Cultural Organization, and the United Nations
the capital city. Madagascar’s population High Commissioner for Refugees. It is also a
of approximately 14.8 million is predomi- member of the Organization of African Unity.
nantly of mixed Asian and African origins. Agriculture, including fishing and
There are also small groups of French, Co- forestry, are the mainstays of the economy,
morans, Indians, Chinese, and Creoles. accounting for 34 percent of the national
French and Malagasy are the two official gross domestic product and determining
languages. About 52 percent of the popu- more than 70 percent of export earnings.
lation hold indigenous beliefs, while 41 per- Historically, Madagascar’s main export
cent are Christians (Roman Catholic and crops have been coffee, vanilla, rice, and
Protestant) and 7 percent are Muslims. cloves, but they have dropped in value since
the late 1980s. Despite the considerable
growth potential in the tourism, clothing,
BACKGROUND
manufacturing, fishing, commercial agri-
French control over Madagascar was es- culture, and mining sectors, the govern-
tablished in 1896. Madagascar achieved ment has not shown any commitment to
full independence from France on June 26, economic reform and still depends heavily
1960. A period of political unrest and tur- on international financial aid.

339
340 The Human Rights Encyclopedia

HUMAN RIGHTS origin are factors in hiring practices. Indo-


Pakistanis have been widely targeted for
The respect for human rights in Madagas- discrimination. In past years, their shops
car is poor. The new constitution provides have been looted during civil disturbances.
for an autonomous judiciary; however, a People with disabilities do not benefit
lack of internal control and low salaries en- from constitutional provisions mandating
courage corruption. A large backlog of cases accessibility to public buildings.
remains. Trials are public and defendants There are various trade union federations
have the right to an attorney. and the government usually respects work-
Although the constitution provides for ers’ rights. The International Labor Organi-
freedom of speech and freedom of the press, zation has identified some cases in which
the government restricts these rights and the government failed to apply labor law and
journalists practice self-censorship. Au- regulations. The Labor Code forbids forced
thorities use torture to gain confessions and labor, but in practice there are cases of pris-
arbitrarily arrest and detain persons for up oners and detainees being used as person-
to four years. There is freedom of movement al servants or manual laborers.
within the country, but fear of crime restricts Madagascar does not have a law pro-
travel to certain places. tecting refugees’ status. However, the gov-
Women experience physical abuse in ernment works closely with the United
prison, and prisoners are used as forced labor. Nations High Commissioner for Refugees to
Lengthy pretrial detention is a problem. The provide asylum to the small number of
security forces’ failure to provide adequate refugees coming to the country.
food and medical treatment in prison contin- Various human rights organizations are
ues to cause a number of deaths. Children active and are not restricted by the gov-
are often imprisoned with adults. ernment. Authorities are cooperative with
Women are discriminated against, both international human rights groups and
in government and politics. However, vio- with domestic and international election
lence against women is not widespread. observers. The constitution provides for an
While in urban areas there is little discrim- independent office to monitor human
ination against professional women, in rural rights. This office publishes annual reports
areas it is an issue. Some non-governmen- on its activities and campaigns.
tal organizations (NGOs) deal with this prob-
lem and ensure that rights and legal Barbara and Michela Zonta
protection for women are fully understood. Bibliography
The government provides education for
Amnesty International. Amnesty International
children up to the secondary level, but in
Report 2000. New York: Amnesty Interna-
practice the percentage of children attend- tional Publications, 2000.
ing primary school in urban areas is about Central Intelligence Agency. The World Factbook
65 percent. In rural areas where children 1999. Washington, DC: Office of Public Af-
usually drop out to work on farms or as do- fairs, 2000.
mestic laborers, the attendance rate is only U.S. Department of State. Madagascar Country
29 percent. Report on Human Rights Practices for 1999.
Eighteen distinct ethnic groups make up Washington, DC: Bureau of Democracy,
the Malagasy people, and often caste and Human Rights, and Labor, 2000.
Malawi
BACKGROUND

Malawi became independent from the Unit-


ed Kingdom on July 6, 1964, but it did not
hold its first democratic multiparty elec-
tions until 1994, following thirty years of
one-party rule. A new constitution was
signed in 1995, in which the president is
both the head of state and head of govern-
ment. However, constitutional power is
shared between the president and the
193–member National Assembly. The legal
system is based on English common law
and Malawi customary law. The judiciary
is independent, but it is inefficient and
lacks financial resources.
Malawi participates in many interna-
tional organizations, including the United
Nations and UNESCO.
Malawi is a very poor country. Annual
The Republic of Malawi is located in south- per capita gross domestic product is esti-
ern Africa. It is bordered on the north by mated at $940. The economy is primarily
Tanzania, on the southeast by Mozam- agricultural, with 90 percent of the popu-
bique, and on the west by Zambia. The cap- lation living in rural areas. It is character-
ital city is Lilongwe. The population is ized by a small and concentrated industrial
estimated to be around 10 million, and is sector. Tobacco, tea, and sugar generate ex-
made up of a variety of ethnic groups, in- port revenues. The economy depends heav-
cluding Chewa, Nyanja, Tumbuko, Yao, ily on international financial assistance
Lomwe, Sena, Tonga, Ngoni, Ngonde, as from the International Monetary Fund, the
well as some Asians and Europeans. Al- World Bank, and individual donor nations.
though English and Chichewa are the offi- There is little industry, and transport costs
cial languages, other languages are spoken for goods are very high. Wealth remains in
regionally. About half (55 percent) of the the hands of a small elite.
population is Protestant, while the rest is The government is currently trying to in-
Roman Catholic (20 percent), Muslim (20 vest more resources in education and
percent), or practices traditional religious health facilities, as well as to deal with en-
beliefs. vironmental and deforestation problems.

341
342 The Human Rights Encyclopedia

Poor villagers working in governmental food-for-work program. Men sign up for these programs, but
women do most of the work.

HUMAN RIGHTS The government generally respects free-


dom of speech and freedom of the press,
The government usually respects the even though periodically media represen-
human rights of its citizens, but serious tatives receive verbal and sometimes phys-
problems remain in some areas. The con- ical threats from government officials.
stitution protects its citizens from torture Malawi has two state-owned pro-govern-
and inhumane treatment, but prison condi- ment radio stations and four private ones,
tions remain very harsh and the use of po- but political parties and opposition groups
lice violence to force confessions is common. are largely denied access to the broadcast
The judiciary is independent and the gov- media. The freedoms of assembly and as-
ernment respects this in practice. However, sociation are recognized by the constitution.
due to the shortage of personnel, lack of However, the police still sometimes prevent
funds, and a heavy backlog, the judicial groups from holding open meetings.
system is seriously handicapped. Juvenile Women are often discriminated against,
detainees have special rights under the even though they are protected constitution-
constitution, but often they are imprisoned ally. Spousal abuse is common, and women
with adults. from rural areas rarely complete their pri-
Malawi 343

mary school education. Recently, however, ernment offers refugee status but not re-
Malawian society has begun to take women’s settlement.
issues seriously. Still, women face high ma- A number of local and international
ternal mortality rates, and HIV infection is a human rights organizations operate with-
major problem. out government restrictions, and officials
The government provides free primary ed- are usually cooperative. However, in 1998,
ucation for all children and invests a great Amnesty International expressed concern
amount of money in children’s health and to the president about legislation limiting
welfare. Despite this, infant mortality and the Malawian ombudsman’s activities.
poverty are high. Workers have a legal right
Barbara and Michela Zonta
to form and join trade unions, but because
Bibliography
of a lack of awareness of worker’s rights,
there are few union members. Unions tech- Amnesty International. Amnesty International
nically have the right to strike, but only after Report 2000. New York: Amnesty Interna-
all dispute-settlement procedures estab- tional Publications, 2000.
Central Intelligence Agency. The World Factbook
lished in a collective agreement and concil-
1999. Washington, DC: Office of Public Af-
iation procedures have failed.
fairs, 2000.
Malawi’s government generally cooperates
———. The World Factbook 2000. Washington,
with the United Nations High Commission- DC: Office of Public Affairs, 2000.
er for Refugees. It has hosted more than U.S. Department of State. Malawi Country Re-
1,400 refugees, most of whom come from port on Human Rights Practices for 1999.
Somalia, the Democratic Republic of the Washington, DC: Bureau of Democracy,
Congo, and the Great Lake region. The gov- Human Rights, and Labor, 2000.
Malaysia
BACKGROUND
In the sixteenth century, Malacca was a
very important regional port, attracting Chi-
nese, Arab, Malay, and Indian merchants.
In 1511, the Portuguese conquered the ter-
ritory, beginning the European expansion
in Southeast Asia. The Dutch followed, and
finally, in 1826, the British settled in
Malacca, Penang, and Singapore, forming
the Colony of the Straits Settlements. The
British control over the territory lasted until
the Japanese invasion during World War II.
In 1948, the Federation of Malaysia was
established, and in 1957, it started to ne-
gotiate its independence from British con-
trol under the leadership of Tunku Abdul
Rahman, the first prime minister. The
British colonies of Singapore, Sarawak, and
Sabah joined the Federation to form
Malaysia on September 16, 1963. Singa-
pore withdrew and became independent on
Malaysia is a country in Southeast Asia. August 9, 1965. After World War II,
The western part of the country is located Malaysia experienced a state of emergency
on a peninsula south of Thailand. The other due to the insurgency provoked by local
portion is located on the northern part of Chinese communists.
the island of Borneo in the South China Malaysia is a constitutional monarchy,
Sea. The population of approximately 22 power is shared by the paramount ruler
million includes Malays (47 percent), Chi- (the king), who is elected for a five-year term
nese (26 percent), indigenous peoples (11 from among the nine sultans of the penin-
percent), Indians (7 percent), and others (9 sular Malaysian states, and a bicameral
percent). The official language is Bahasa Parliament. The king is also the head of the
Melayu, but English and Chinese dialects Islamic faith in Malaysia. The prime minis-
are also spoken, along with Tamil, Telugu, ter holds the executive power. According to
Malalalam, Panjabi, Thai, Iban, and the constitution, the prime minister must
Kadazan. Sunni Islam is the dominant be a member of the lower house of the Par-
faith, but Buddhism, Taoism, Hinduism, liament. The bicameral Parliament is com-
Christianity, Sikhism, and Shamanism are posed of the Senate (sixty-nine members
also practiced. elected for six-year terms) and the House

344
Malaysia 345

of Representatives (192 members elected interrogation and imprisonment. Further-


for five-year terms). Federal and state leg- more, police often break up many peaceful
islatures share the legislative power. The demonstrations in support of political re-
Malaysian legal system is based on English form, making hundreds of arrests in the
common law. process.
Malaysia is a founding member of the As- Prison conditions are poor and over-
sociation of Southeast Asian Nations, and crowding is a serious problem. Prison
maintains close relationships with the Unit- guards have been accused and convicted
ed States, the European Union, and Japan. of various crimes. Inadequate food and
Malaysia is an active member of the Com- health conditions have caused the deaths of
monwealth, the United Nations (UN), many many imprisoned illegal aliens.
of the UN’s specialized agencies, the World The judiciary is ineffective due to crowd-
Bank, the International Monetary Fund, the ed, understaffed courts. Consequently, pre-
Organization of Islamic Conference, and the trial detentions are usually very long. In
Non-aligned Movement. addition, the government continues to use
After a decade of economic growth (8.7 long-term detention in cases involving na-
percent per year), Malaysia went through a tional security, as well as in narcotics traf-
period of economic crisis in 1997–1998. It ficking and other cases. Some trials are not
is now recovering slowly. The per capita fairly conducted.
gross domestic product is approximately Immigration laws are used to imprison
$10,300. Malaysia continues to seek fund- illegal aliens without trial or hearing. They
ing from domestic and international are released only after their employer has
sources to fight its budget deficit. Malaysia verified their legal status.
maintains important commercial relations There are laws against arbitrary inter-
with the United States. Two commodities ference with privacy, family, home, or cor-
dominate its economy: rubber and tin. respondence. However, the police are still
Malaysia has a parliamentary system that allowed to conduct home and office search-
requires periodic multiparty elections. Op- es, to monitor conversations, and to take
position parties actively contest elections people into custody without a warrant.
but face official obstacles during election Although the constitution provides for
campaigns. According to the constitution, freedom of speech and freedom of the press,
the judiciary is independent, but its impar- there are increasing limitations on these
tiality continues to be questioned. rights. Mass media are usually uncritical
of the government and give limited coverage
to political opponents and rivals. Newspa-
HUMAN RIGHTS
pers tend to reflect government positions
Human rights in Malaysia are weakly pro- on domestic and international issues. The
tected. The police regularly commit serious government often expresses its dissatisfac-
human rights abuses and extrajudicial tion with press coverage directly to the
killings. Some human rights activists have newspaper’s board of directors. In addition,
accused the police of abusive behavior, but leading political figures own most newspa-
the government has dismissed these state- pers and TV and radio stations. The foreign
ments as grossly unfair. Members of the po- press is also harshly criticized for biased
lice routinely torture detainees during reporting—in the eyes of the Malaysian gov-
346 The Human Rights Encyclopedia

ernment, any reporting critical of the gov- Cultural traditions lead to social dis-
ernment is considered biased reporting. crimination against women. Women are
The government censors films and books underrepresented in government and pol-
containing sex, nudity, or certain political itics. Reports of rape and domestic violence
or religious content, particularly content are common in the press, but a lack of
that is insulting to Islam. sympathy from the police leads many vic-
The government generally respects acad- tims to not report abuses. Malaysia is also
emic freedom, even though career advance- a place where trafficking in women for sex-
ment requires the government’s approval. ual exploitation is common. The govern-
The government prohibits students from ment tries to assist women who are
engaging in some political activities. victimized in this way, but there is no con-
There are many restrictions of the right to sistent reaction to these crimes on the part
peaceably assemble. The police rarely grant of the police. Many police do little or noth-
permits to government critics but easily ing to stop prostitution in Malaysia.
issue permits to supporters of the govern- Women are often victims of legal discrimi-
ment and the ruling coalition. Also the right nation, and child abuse and prostitution
to freely associate is limited. are also serious problems.
Freedom of religion is protected in the Although workers’ rights are usually re-
constitution, but it is not respected in prac- spected, there are some restrictions, in-
tice. The official religion is Sunni Islam, and cluding the right to strike. Moreover, child
adherence to it is considered intrinsic to labor is common in certain parts of the
Malay ethnic identity. Islamic religious law country.
influences state law.
Barbara and Michela Zonta
In principle, citizens are free to travel and
move freely within the country, but the gov-
ernment restricts this right by sometimes Bibliography
asking citizens to present passports or
identity cards. Amnesty International. Amnesty International
Report 2000. New York: Amnesty Interna-
Malaysia has not ratified the 1957 United
tional Publications, 2000.
Nations Convention Relating to the Status
Central Intelligence Agency. The World Factbook
of Refugees and often does not allow United
1999. Washington, DC: Office of Public Af-
Nations High Commisser for Refugees and fairs, 2000.
other humanitarian organizations to com- U.S. Department of State. Malaysia Country Re-
municate with detained aliens. The govern- port on Human Rights Practices for 1999.
ment has not allowed Amnesty International Washington, DC: Bureau of Democracy,
to set up an office in Malaysia. Human Rights, and Labor, 2000.
Maldives
tervention, which succeeded in suppress-
ing the coup in twenty-five hours.
The president and the cabinet hold ex-
ecutive power; the president appoints the
cabinet and one-sixth of the Parliament.
The unicameral Parliament (the Majlis) is
vested with legislative power. The judicial
branch is represented by the High Court.
There are no formal political parties in the
Maldives.
Tourism is the dominant economical ac-
tivity in the Republic of Maldives. The taxes
collected on the tourism industry are used
to develop manufacturing and agriculture.
Fishing and agriculture employ about 25
percent of the total labor force. Industry,
which accounts for about 6 percent of the
labor force, is mainly focused on boatbuild-
ing, handicrafts, and garment production.
Although the constitution provides for all
basic human rights, the government has
The Republic of Maldives is a group of about committed violations in several areas.
1,200 islands situated in the northern In- Maldivians’ ability to change their gov-
dian Ocean, about 400 miles southwest of ernment is limited by the law. In fact, the
Sri Lanka. Malé is the capital city. The Mal- law provides for only one presidential can-
dives’ population of approximately 300,000 didate to be chosen by the Majlis. In addi-
includes Dravidians, Sinhalese, and Arabs. tion, the president and the elected members
The official language is Dhivehi; however, of the Majlis must be Muslim.
English is widely spoken as well. Islam is Flogging is still allowed by the Islamic
the state religion, with the majority of the law, and it continues to occur. The law ex-
population being Sunni Muslim. pressly forbids arbitrary arrest and deten-
The Maldives was a sultanate and a tion. However, the police have arbitrarily
British protectorate until July 26, 1965. arrested, detained, and expelled foreigners
The sultanate ended on November 11, 1968 for evangelizing Christianity. In addition,
when the Republic of Maldives was pro- the authorities detained some citizens sus-
claimed. On November 8, 1988, Sri Lankan pected of having converted to Christianity.
Tamil mercenaries attempted a coup aimed The law does not provide for legal counsel-
at overthrowing the government. President ing during police interrogation. The law
Gayoom requested the Indian army’s in- grants no bail.

347
348 The Human Rights Encyclopedia

The constitution does not provide for an posts. However, very few women pursue po-
independent judiciary. The courts are sub- litical careers. In recent years, the govern-
ject to the executive’s pressure. The presi- ment has launched a campaign to promote
dent has the power to appoint and dismiss women’s rights in the islands. Traditional-
judges at his discretion. The judiciary in- ly, Islamic law and education have dis-
terpretation of the law must conform to Is- criminated against women. Nevertheless,
lamic law. the number of women participating in pub-
The law expressly forbids the media from lic life is growing as a result of government
making statements that are against the Is- encouragement. Most women go no further
lamic tradition. The activity of journalists is than the seventh grade in their education.
monitored by the Press Council, which is There are no special provisions address-
made up of state officials, lawyers, and gov- ing children’s welfare. There are no specif-
ernment and private media representatives. ic laws for the disabled; however, the
The government still controls the only tele- government has established a program that
vision station and radio stations. However, provides services to the disabled.
there is no interference with foreign broad- Workers’ unions in the Republic of Mal-
casts by satellite, which are shown uncen- dives are non-existent, although the law
sored. In addition, cable television and the does not prohibit unions from forming.
Internet are also available. Newspapers and There are no local human rights associa-
magazines operate freely and are allowed tions in the Maldives. However, the govern-
to criticize governmental policies. ment has permitted visits by international
Islam is designated as the official reli- human rights organizations.
gion of the Maldives, and all citizens are
Barbara and Michela Zonta
required to be Muslim. The law expressly
forbids any other religion, but foreign res- Bibliography
idents are allowed to practice their own re-
Amnesty International. Amnesty International
ligions privately.
Report 2000. New York: Amnesty Interna-
The government generally does not re-
tional Publications, 2000.
strict movement within the country. How-
Central Intelligence Agency. The World Factbook
ever, foreign workers are not allowed to mix 1999. Washington, DC: Office of Public Af-
with the general population and are con- fairs, 2000.
fined to their work places. U.S. Department of State. Maldives Country Re-
There is extensive discrimination against port on Human Rights Practices for 1999.
women. A woman cannot become presi- Washington, DC: Bureau of Democracy,
dent, but women can hold governmental Human Rights, and Labor, 2000.
Mali

BACKGROUND

A French colony, Mali achieved indepen-


dence on September 22, 1960, becoming a
socialist republic led by a single political
party. The next decades were characterized
by coups and military control of the gov-
ernment. On March 26, 1991, a group of
officers succeeded in transferring the gov-
ernment to civilians. On January 12, 1992,
a new constitution was put in effect after it
was approved by a national referendum.
Between January and April 1992, free mul-
tiparty elections were held. On June 8,
1992, the first president of the republic,
Alpha Oumar Konare, was elected.
Mali is now a democratic republic. The
executive branch consists of the prime min-
ister, who is appointed by the president of
the republic, and the Council of Ministers.
The Republic of Mali is located in north- The National Assembly makes up the leg-
western Africa, bounded on the northeast islative power. Parliamentary and presiden-
by Algeria, the east by Niger, the southeast tial elections are held every five years. The
by Burkina-Faso, the south by Ivory Coast, Supreme Court makes up the judiciary.
the southwest by Senegal and Guinea, and Mali is a poor country with a market-
the west and north by Mauritania. Bamako based economy. The majority of the work-
is the capital city. The population of ap- force is employed in the agricultural sector,
proximately 10 million includes Mandes especially in farming and animal hus-
(about 50 percent), Peul (about 17 percent), bandry. Mali’s main export commodities are
Voltaics (about 12 percent), and Tuaregs cotton, livestock, and gold. The industrial
and Moors (about 5 percent). Although sector is very small and is based on the
French is the official language, a local lan- manufacture of textiles, beverages, and
guage, Bambara, is widely spoken as well. processed food products. Per capita gross
About 90 percent of the population is Mus- domestic product is approximately $251,
lim, while the remainder is Christian or resulting in an exceedingly low standard of
practices traditional beliefs. living.

349
350 The Human Rights Encyclopedia

Young Malian boy applying mortar to building under construction.

HUMAN RIGHTS The law provides for a period of forty-


eight hours in which a suspect has to be
The constitution provides for all basic charged with a crime. However, there are
human rights, and the government gener- many reports of suspects being detained
ally respects those rights in practice. How- for several years. Pretrial detention is a
ever, a few violations of human rights are problem. In addition, it is difficult to obtain
still reported annually. bail. The constitution provides for the in-
A recent report released by Amnesty Inter- dependence of the judiciary, but in prac-
national cites allegations of abuses committed tice the courts are subject to executive
by members of the security forces, who tor- influence. The Ministry of Justice has the
tured detainees in order to obtain confessions. power to nominate and dismiss judges.
In addition, prison conditions are still report- Freedoms of peaceful assembly and as-
ed to be very poor. There have been reports of sociation are granted by the constitution,
juveniles sharing the same cells with adults. although it is necessary to obtain govern-
The Malian Association of Human Rights, the ment permission for public meetings. Oc-
Malian Association of Women Jurists, the In- casionally the authorities deny permission
ternational Committee of the Red Cross, and to opposition parties to hold public rallies.
other non-governmental organizations con- The government cooperates with the
tinue to visit prisoners and are working to United Nations High Commissioner for
improve detention facilities. Refugees and other humanitarian organi-
Mali 351

zations. The law provides first asylum for The law does not protect people with dis-
refugees. abilities. Although there is no formal dis-
Although the constitution prohibits dis- crimination against the disabled, the high
crimination based on sex, race, and reli- rate of unemployment makes it almost im-
gion, men continue to play a dominant role possible for them to find jobs.
in Mali’s society. Spousal abuse is quite Independent human rights organizations,
common but is often unreported for cul- including the Malian Association for Human
tural and social reasons. In addition, Rights, a smaller Malian League of Human
women’s access to jobs, government, and Rights, and a local chapter of Amnesty Inter-
education is still limited. Female genital national operate freely and without interfer-
mutilation is still practiced. Recent statis- ence throughout the country.
tics show that 93.7 percent of women were
Barbara and Michela Zonta
victims of this practice. Women represent
15 percent of the workforce, mostly in rural Bibliography
areas, and often labor under extremely
Amnesty International. Amnesty International
harsh conditions. There are several local
Report 2000. New York: Amnesty Interna-
groups operating to improve women’s lives.
tional Publications, 2000.
The same groups are committed to chil- Central Intelligence Agency. The World Factbook
dren’s rights. 1999. Washington, DC: Office of Public Af-
The condition of children is still poor. Ap- fairs, 2000.
proximately 50 percent of children do not U.S. Department of State. Mali Country Report
complete their primary education because on Human Rights Practices for 1999. Wash-
of a shortage of personnel and infrastruc- ington, DC: Bureau of Democracy, Human
ture, especially in rural areas. Rights, and Labor, 2000.
Malta
is the head of government. The unicamer-
al Parliament represents the legislative
power. Presidential and parliamentary elec-
tions are held every five years. The judicia-
ry is independent.
The economy of the Republic of Malta is
a mixture of private and government en-
terprises. Tourism and light manufactur-
ing are the most prominent sectors of the
economy. Malta is in the ranks of the less-
affluent European countries.
The constitution provides for all basic
human rights, and the government respects
those provisions in practice. Freedoms of
speech and the press are widely respected
in Malta. Several independent newspapers
express different political views.
The government cooperates with the
United Nations High Commissioner for
Refugees. The government grants first asy-
lum and asylum status for political rea-
The Republic of Malta is situated in the sons. However, neither permanent status,
Mediterranean Sea, south of Sicily, east of nor asylum are granted to those who file
Tunisia, and north of Libya. Valletta is the for asylum for economic reasons.
capital city. Malta’s population is approxi- Women are still underrepresented in
mately 380,000. Maltese and English are the Malta’s political life. Violence against
official languages. The major religious de- women, especially domestic violence, re-
nomination is Roman Catholic (98 percent). mains a problem. A special police unit and
Malta became part of the British Empire several volunteer organizations support
in 1814. Malta was an important fortress battered women. The government also pro-
and naval base for the British, especially vides for shelters and a national fund for
during World War II. On September 21, women in distress. The government is com-
1964, the island became an independent mitted to children’s rights and welfare. It
republic. The constitution was issued in provides free and compulsory universal ed-
1964 and revised in 1974. ucaiton and health care for children
Malta is a constitutional republic. The through the age of sixteen.
president of the republic is the head of The law protects the rights of the dis-
state. He appoints the prime minister, who abled, and the government is attempting to

352
Malta 353

enforce those rights and to enhance the sta- Bibliography


tus of the disabled.
Central Intelligence Agency. The World Factbook
The government cooperates with all
1999. Washington, DC: Office of Public Af-
the local and international human rights fairs, 2000.
organizations. U.S. Department of State. Malta Country Report
Barbara and Michela Zonta on Human Rights Practices for 1999. Wash-
ington, DC: Bureau of Democracy, Human
Rights, and Labor, 2000.
Marshall Islands
into effect. The republic is a parliamen-
tary democracy. The president and the
cabinet represent the executive power. The
unicameral Nitijela and the advisory
Council of Iroij (traditional leaders) hold
the legislative power. The Supreme Court
represents the judiciary. There are no for-
mal political parties. Presidential and par-
liamentary elections are held every four
years.
The United States provides $65 million in
foreign aid every year, about 70 percent of
the gross domestic product. Banking, in-
surance, restaurants, and tourism are the
major activities in the urban areas, while in
the smaller islands production of copra (used
in making coconut oil) and handicrafts, agri-
culture, and fishing are prevalent.
The constitution grants all fundamental
human rights, and the government respects
these provisions in practice. However,
The Republic of the Marshall Islands is a human rights abuses are still reported in
group of about 1,100 islands scattered in a few areas.
the western Pacific. Majuro is the capital Arbitrary arrest and detention by the po-
city. The population of approximately lice occur. Although the constitution man-
65,000 is composed almost entirely of Mar- dates for an independent judiciary, in
shallese (about 90 percent). Americans, Fil- practice the government tries to influence
ipinos, Chinese, New Zealanders, and the courts in many ways.
Koreans make up the remaining 10 per- The government occasionally attempts to
cent. The official language is English, but influence the media, and journalists prac-
two local dialects are widely spoken. The tice self-censorship in reports on political
major religious denomination is Protestant. and cultural issues.
Under U.S. administration since 1947, There are no regulations concerning
the Republic of the Marshall Islands be- refugees, asylum, and asylum status.
came independent on May 1, 1979, and Spousal abuse is widespread. The au-
on the same day the constitution was put thorities provide counseling for spousal and

354
Marshall Islands 355

child abuse; however, the majority of cases pressed interest in visiting the Republic of
go unreported. The government supports the Marshall Islands.
children’s welfare, providing health care
Barbara and Michela Zonta
and free education, but an estimated 20
Bibliography
percent of children do not attend school
regularly. Central Intelligence Agency. The World Factbook
The government allows the formation of 1999. Washington, DC: Office of Public Af-
local human rights organizations and visits fairs, 2000.
U.S. Department of State. Marshall Islands
by international organizations. However, no
Country Report on Human Rights Practices for
local organizations have been formed and
1999. Washington, DC: Bureau of Democra-
no international organizations have ex-
cy, Human Rights, and Labor, 2000.
Mauritania
claims that Arab-Berbers constitute 70 per-
cent of the population, many blacks con-
tend that, including haratines, black groups
represent two-thirds of the population. Be-
cause of the government’s refusal to release
the results of a 1988 census, these statistics
remain a matter of debate.

BACKGROUND
In 1960, Mauritania achieved independence
from France, its colonial ruler since 1920.
The government today consists of the pres-
ident, the executive branch, the legislative
branch (the Senate and the National As-
sembly), and the judicial branch (the
Supreme Court). Political parties were le-
galized by the constitution, which was
passed on July 12, 1991, and suffrage is
universal at the age of eighteen. The legal
The Islamic Republic of Mauritania is locat- system is based on shari’ah, or Islamic re-
ed in northwestern Africa and shares bor- ligious law, and the national holiday is In-
ders with Senegal to the south, Mali to the dependence Day on November 28.
east, Algeria to the north, and the Atlantic Mauritania forms a geographical bridge
Ocean and Western Sahara to the west. Its between Arab North Africa and black sub-
capital is Nouakchott, on the Atlantic coast. Saharan Africa; the north is mainly Arab
Its population of approximately 2.5 mil- and nomadic, while the south is primarily
lion people is almost exclusively Muslim. settled and black. This ethnic distribution
Within this population are three distinct is largely the result of the Arab-Berber (bey-
groups: the beydane, a ruling class of Arab- dane) conquest in the fourteenth century.
Berber ancestry; haratines, black escaped During their conquests, the beydane
slaves or descendants of escaped slaves who Arab-Berbers captured many blacks and
have retained their former masters’ Arab used them as slaves. Prior to the fourteenth
identity; black slaves; and never-enslaved century, only blacks inhabited the land
Africans. The never-enslaved group consists area that is now Mauritania. As they in-
of several distinct tribes, including the Hal vaded from the north, the Arab-Berbers
Pulaar, which is the largest of these groups, pushed the local blacks further south, cap-
as well as the Soninke, Wolof, and Bambara. turing tens of thousands as slaves along
Though the beydane-run government the way. This began a long tradition of

356
Mauritania 357

Slavery in Mauritania currently functions


in two ways. First, there are the outright
slaves, whose numbers are unknown but
are believed to number at least in the thou-
sands, who live as the property of their
Arab-Berber masters. Second, there are
“slaves in practice.” These are black Africans
who work for Arab-Berber masters for free,
either because they know no other life or
else because they fear for their economic
well-being if left on their own. These de-
pendent black Africans are not technically
slaves, but psychological coercion, govern-
ment apathy, and lack of economic oppor-
tunity all conspire to create a class of people
who are afraid to leave their “masters.”
Mauritanian chattel slavery is deeply in-
grained in the culture. With a history that
stretches back 700 years, slavery there was
found in virtually every beydane family and
at every economic level. Because it was con-
A young boy with his camel. Much of the Mauritanian sidered shameful to perform any sort of
population is nomadic. physical labor, many Arabs actually gave
slaves as charity, so it was common for even
black enslavement by the beydane, a tra- beggars to own slaves. Slavery thus became
dition that continued into modern times an integral part of Mauritanian culture.
and persists even today. Slavery and the brutal practices that ac-
company it persist, despite its abolition by
the colonial French government (which was
HUMAN RIGHTS
then the administrative power in Maurita-
The most critical human rights problem in nia) in 1905 and by the Mauritanian gov-
Mauritania is the continued existence of a ernment in 1961 and 1980. Unfortunately,
form of slavery. these legal measures have not been en-
Although the present-day form of black forced with practical educative or econom-
chattel slavery in Mauritania is more cam- ic measures to inform slaves, and the larger
ouflaged than in the past, it has remained group of pseudoslaves, of their legal status
similar in both form and function. The U.S. or to help them support themselves finan-
State Department estimated in 1980 that cially. Additionally, the legal system is not
more than 90,000 blacks were the property always supportive of anti-slavery laws.
of beydanes, while 300,000 blacks, because The beydanes have also dominated and
of either psychological or economic depen- oppressed Mauritania’s free black popula-
dence, continued to serve their Arab mas- tion, which includes the haratines and
ters. Today, slavery is much less prevalent, black ethnic groups of Hal Pulaar, Soninke,
but still occurs in some parts of Mauritania. Wolof, and Bambara. Following Maurita-
358 The Human Rights Encyclopedia

nia’s declaration of independence from black Senegalese involved in the dispute.


France, the beydanes were left holding the Because of their viewpoint, the beydane
reins of government and quickly began to saw retaliation against its own black ethnic
Arabize the country—this despite the fact populations as equivalent to retaliation
that most educated Mauritanians were both against black Senegalese. The beydanes
black and French-speaking. Because the also often seized the property of the black
beydanes saw French language and cul- Mauritanians they expelled, much of which
ture as an affront to Islam’s cultural and was valuable fertile land in the Senegal
religious heritage, they discouraged the River Valley. Tensions between the beydane
teaching of French in schools in favor of and black ethnic groups were heightened
Arabic. This was done through a variety of after an alleged coup attempt by black
measures, including mandating in 1966 army officers in October 1987. In
that students learn Arabic in school, as well 1990–1991, the government arrested 3,000
as removing French teachers to non-teach- of its black citizens in connection with the
ing bureaucratic posts in the Ministry of coup, torturing to death or executing over
Education or transferring them to distant, 500 political prisoners.
mainly Arab-speaking, regions. Black activist groups have spoken out
The Mauritanian government also began about the ongoing human rights violations
to distance the country from French influ- in Mauritania. The government has con-
ence by asking Arab countries, such as Iraq, ducted waves of mass arrests in an effort to
Egypt, and Kuwait, to provide financial sup- silence these activists, particularly during
port. Mauritania was one of the first of the the second half of the 1980s and the early
French-speaking African countries to review 1990s. It has also outlawed El Hor (the
the cooperation agreements signed with Free), a major pressure group formed by
France at independence. Additionally, it heratines in the 1970s to advance the in-
joined the Arab League in 1973 and began terests of blacks in Mauritania.
sending students, generally beydanes, for The international response to Mauritanian
education and training in Arab countries. human rights violations has been minimal.
Arabization has been accompanied by a Mauritania’s obscurity on the international
concerted government campaign against scene has significantly limited the amount of
Mauritania’s black citizens. Forcible ex- international publicity given to human rights
pulsions and land expropriations from violations there. The 1989 conflict between
black Africans were practiced by the Mau- Mauritania and Senegal drew international
ritanian government, reaching their height attention in the form of mediation efforts by
in the early 1990s. This campaign against the Organization of African Unity and the Eu-
blacks arose out of a 1989 conflict between ropean Union. The 1991 arrests and execu-
Mauritania and Senegal that brought the tions of thousands of blacks also attracted
two nations to the brink of war. The ten- some international attention. The United
sion between the two countries resulted in States ended all bilateral aid to Mauritania
an explosion of ethnic violence, with tens in 1991, while the Bush administration is-
of thousands of black Mauritanians being sued a strong public condemnation of viola-
expelled to Senegal. Part of the reason for tions there. U.S. aid was, however, reinstated
the expulsions was the equating, in bey- in the post–Gulf War period following Mauri-
dane eyes, of black Mauritanians with the tania’s involvement in the Middle East peace
Mauritania 359

process and its reversal of its previous sup- Bibliography


port of Saddam Hussein. This reinstatement
Amnesty International. Amnesty International
of aid was followed by a U.S. State Depart-
Report 2000. New York: Amnesty Interna-
ment representative’s assertion that in 1996, tional Publications, 2000.
slavery in Mauritania was only minimal. In Central Intelligence Agency. The World Factbook
addition, France, which wields more influ- 1999. Washington, DC: Office of Public Af-
ence in Mauritania than any other Western fairs, 2000.
country, the European Union, and the World Cotton, Samuel. Silent Terror. New York: Harlem
Bank—all major donors—have all been re- River Press, 1998.
luctant to condemn human rights violations U.S. Department of State. Mauritania Country
in Mauritania. Report on Human Rights Practices for 1999.
Washington, DC: Bureau of Democracy,
Barbara and Michela Zonta Human Rights, and Labor, 2000.
Mauritius
al Assembly, is the legislative body. The ju-
diciary is independent.
The economy of Mauritius is mainly based
on tourism, sugar plantations, and textiles.
This economy allows a quite high standard of
living to the residents of the republic. The gov-
ernment has recently promoted development
in the areas of information technology and fi-
nancial services.
The constitution grants all the basic
human rights, and the government respects
most of these provisions in practice. Howev-
er, the security forces continue to commit
some human right abuses. Police officers are
allegedly responsible for the excessive use of
force during interrogations. In addition, they
occasionally deny access to legal counseling
to defendants. However, the National As-
sembly has recently passed a Human Rights
Act and has established a Human Rights
Commission, which is investigating police
The Republic of Mauritius is situated in the abuse and prison conditions.
Indian Ocean, east of Madagascar. Port Luis Freedoms of speech and the press are re-
is the capital city. Indo-Mauritians (68 per- spected in Mauritius; more than a dozen
cent), Creoles (27 percent), Sino-Mauritians newspapers operate freely in the country.
(3 percent), and Franco-Mauritians (2 per- News broadcasting stations are govern-
cent) comprise the population of approxi- ment-controlled, but recently a private sta-
mately 1 million. The official language is tion began broadcasting in the Internet.
English, but French and Creole are widely Spousal abuse is widespread in Mauri-
spoken as well. The major religions are Hin- tius, but the judiciary punishes these crimes
duism, Roman Catholic, and Islam. very severely, and has been given greater
A British colony, Mauritius gained its in- power to do so by the National Assembly in
dependence on March 12, 1968. The Re- recent years. The government is very com-
public of Mauritius is a constitutional mitted to children’s welfare and health. The
democracy. The president and the Council National Assembly has recently passed the
of Ministers represent the executive power. Protection of the Child Act, which consid-
The president, as the head of state, ap- ers it a crime to commit any violation of chil-
points the prime minister, and the Nation- dren’s rights.

360
Mauritius 361

The law grants workers the right to form Bibliography


unions, and there are many small unions
Central Intelligence Agency. The World Factbook
representing over 125,000 workers.
1999. Washington, DC: Office of Public Af-
The government allows visits by interna- fairs, 2000.
tional human rights organizations, a num- U.S. Department of State. Mauritius Country Re-
ber of which are operating actively in the port on Human Rights Practices for 1999.
country without restriction. Washington, DC: Bureau of Democracy,
Barbara and Michela Zonta Human Rights, and Labor, 2000.
Mexico
BACKGROUND
Mexico was conquered by the Spanish in
the early sixteenth century. It gained its in-
dependence in 1821, and established itself
as a republic in 1823. Mexico’s government
over the next century was dominated by
military strong men and racked by constant
revolt and internal turmoil.
In 1929, the Institutional Revolutionary
Party (PRI) took power and remained the
dominant force in Mexican politics until
2000. The PRI was an umbrella organiza-
tion with a theoretically socialist approach
to politics. In practice, the PRI increasing-
ly operated as a corrupt party machine ex-
isting primarily to benefit its members. The
party controlled the media, the unions, and
the educational system. Political opposition
was overwhelmed by the PRI’s campaign
machine; if it seemed possible that the
Mexico is located in North America, bor- opposition might win, the PRI rigged elec-
dered on the north by the United States and tion results. The PRI maintained the ap-
on the south by Belize and Guatemala. The pearance of democracy by allowing some
population is approximately 100 million, opposition parties to gain a few seats in
made up of a mix of Amerindians (Indians), Congress, but kept its “perfect dictatorship”
whites, and Mestizos (those with mixed an- in power by maintaining its own over-
cestry). Statistics vary regarding Mexico’s whelming majorities.
ethnic composition, depending upon the The PRI’s dominance began to fall apart
surveying organization, partly because in the late 1990s. Internal unrest, particu-
many people are defined differently de- larly among the Amerindians of the
pending on who is taking the survey, but province of Chiapas, and growing opposi-
Mestizos make up about 60 percent of the tion among Mexico’s middle-class profes-
population, Amerindians about 30 per- sionals led to the rise of opposition parties.
cent, and whites about 10 percent. The The two most successful of these were the
capital is Mexico City. Spanish is the main Democratic Revolutionary Party (PRD) and
language, although Mayan dialects are the National Action Party (PAN).
also spoken. The government is a federal On July 2, 2000, the PRI finally lost its
republic. stranglehold on government with the victo-

362
Mexico 363

ry of Vicente Fox in the national presiden- UN officials and human rights advocates
tial election. The election of Fox, the leader have strongly criticized the excessive use of
of PAN, is likely to inaugurate a new era in force by the military in their struggles
Mexican politics. against Amerindian guerrillas. Methods
used by the military include torture, assas-
sinations, and massacres. The government
HUMAN RIGHTS
seems to have made some limited efforts to
The Mexican government does a fair job of eliminate this kind of activity.
protecting human rights. While the gov- In general, Mexico’s police are prone to
ernment is not overly abusive of its citizens, using violence in the apprehension and in-
problems remain. terrogation of suspects. The use of torture
The most significant gain in Mexican by police is also common. Although torture
human rights was the election of Vincente is illegal, judges still allow evidence ob-
Fox as president. For the first time in sev- tained by torture to be used in trials, there-
enty years, Mexico appears to have devel- by encouraging the police to continue to
oped a functioning democracy. The PRI’s torture suspects during interrogations.
long dominance over Mexican politics, Sometimes prisoners die in custody under
which made Mexican democracy a sham, suspicious circumstances.
seems to have ended. Violence connected to the drug trade is a
The Mexican judiciary has problems with serious problem, particularly in northern
corruption. While judges are theoretically Mexico. Rival drug gangs fight for control
independent, in practice they often bow to of the drug traffic, and sometimes use cor-
pressures by political bosses. There is also rupt police and officials in their attempts
extensive corruption in Mexico’s northern to eliminate their rivals. Civilians who resist
states as a result of the flow of drugs from the drug traffickers often are killed, and of-
Mexico into the United States. Drug lords ficials who have been sent to fight against
buy the loyalty of judges, politicians, and the drug traffic have been assassinated.
police officials. Despite these problems, Another serious human rights problem
many judges remain honest and the right to is the smuggling of human beings across
a fair trial is usually respected. the Mexico-United States border. Mexicans,
The military and police in Mexico are eager to enter the United States and find
prone to violating the human rights of Mex- better-paying jobs, pay gangs of smugglers
ican citizens. The ongoing insurgency of to help them across the border. These
Amerindian guerrillas in southern Mexico smugglers, sometimes called coyotes,
has led some police and military units to charge extortionate amounts and then
use extrajudicial methods in their attempts sometimes leave their clients stranded in
to suppress the rebels. Extrajudicial killings the desert. Many people have died trying to
occur occasionally, and military units have get into the United States.
been accused of attacking peasant villages Many of Mexico’s human rights problems
that they suspect are sympathetic to the stemmed from the PRI’s long tenure in of-
Amerindian guerrillas. Some of those en- fice and the corruption which naturally re-
couraging these attacks include officials sulted. Other problems, however, are the
high in the government, including state result of inherent Mexican difficulties, such
governors. as widespread poverty, the vast disparity
364 The Human Rights Encyclopedia

between rich and poor, and the ongoing of guerrilla movements which demand more
drug trade. As much as Vincente Fox’s gov- rights for native Mexicans. While these
ernment provides a welcome move toward movements have attracted outside atten-
greater respect for human rights, these tion, they have also attracted the attention
problems will not disappear quickly. of the military, who have violated the
Mexican prisons do not meet interna- human rights of villagers in their attempts
tional standards. Prisons are staffed by un- to catch the guerrillas.
derpaid guards who accept bribes to give Violence against women is common.
favored prisoners privileges and who ignore Women suffer from both domestic violence
the needs of poor prisoners. Prisons are and sexual assaults. The police are poorly
overcrowded; some cells designed to hold trained in combating rape, and in a culture
two prisoners actually hold eight. Prison- that values women’s purity, many women,
ers are not given enough food and must ashamed of what has happened to them,
supplement their rations with food brought are reluctant to report rapes. Sexual ha-
by family members. Drug use in prison is rassment is also common in the work place.
common, with most of the drugs being Women do not have equal access to busi-
smuggled in by prison guards. Female in- ness or political jobs.
mates are often the target of sexual as- The government has a number of pro-
saults by guards. grams designed to safeguard the rights of
The government generally protects the children, but inadequate financing and the
rights of free speech and freedom of the widespread poverty of many Mexicans
press. Newspapers opposing the govern- mean that many children are not being
ment operate freely and can be fierce crit- helped. Children are often forced to work,
ics of government corruption. Some and poor children often have only limited
newspapermen have been attacked because access to primary education. Many poor
of their critical articles, and this may lead children are abandoned to live on city
to some degree of self-censorship. Televi- streets. Street children often become drug
sion journalists have become more open or alcohol abusers. Many street children
and honest in their reports during the last work as prostitutes.
few years. The government respects acad- There remains widespread discrimina-
emic freedom. tion against the disabled in Mexico. Out-
The government generally respects reli- side observers have pointed out that
gious freedom, although some local officials Mexico’s treatment of its mentally ill is par-
have been responsible for restricting the ac- ticularly inhumane. Some mental patients
tivities of foreign missionaries. are allowed to wander around unclothed,
Amerindians are often the victims of or to be soiled by their own feces.
human rights abuses. Many Amerindians The government allows local human
live in extreme poverty, with little access to rights groups to operate without restriction.
clean water, fresh food, or free education. International groups are forbidden to en-
Some Amerindian villages are almost com- gage in political activities, and the govern-
pletely disconnected from the mainstream ment occasionally uses this as an excuse
of Mexican life. The resultant feelings of for interfering in their activities. Human
alienation have led to the rise of a number rights activists have been threatened and
Mexico 365

assaulted by both supporters and oppo- Bibliography


nents of the government. These attacks
Amnesty International. Amnesty International
have not stopped their operations, but
Report 2000. New York: Amnesty Interna-
human rights advocates have accused the tional Publications, 2000.
government of not working hard enough to U.S. Department of State. Mexico Country Re-
find and punish those responsible. port on Human Rights Practices for 1999.
Washington, DC: Bureau of Democracy,
Carl Skutsch Human Rights, and Labor, 2000.
Micronesia
BACKGROUND
President Jacob Nena has been acting as
Micronesia’s chief of state and head of gov-
ernment since July 1996, when former-
President Bailey Olter suffered a stroke and
was declared incapacitated in November
1996. Olter was still unable to resume his
duties 180 days later, and Nena was sworn
in as the new president. Nena served the re-
maining two years of Olter’s term then was
reelected in May 1999 for a second term.
He still serves as president of Micronesia.
The government is a constitutional re-
public connected with the United States.
The Compact of Free Association gave the
people of Micronesia their independence on
November 3, 1986. Under the terms of this
compact, the United States agreed to pro-
vide $1.3 billion in grant aid to the islands
from 1986 to 2001. Micronesia has no se-
Micronesia, also known as Federated States curity forces of its own, with the exception
of Micronesia, is a group of 607 small is- of their national police, leaving them total-
lands extending over a large area in the Pa- ly dependent on the United States for de-
cific Ocean, north of New Guinea. Some of fense. The judicial branch is the Supreme
the islands that make up Micronesia are Court, and the legislative branch is a uni-
Pohnpei (Ponape), Truk (Chuuk) Islands, cameral Congress. There are no formal po-
Yap Islands, and Kosrae. The capital city of litical parties.
Micronesia is Palikir. Micronesia’s popula- Financial assistance from the United
tion is around 131,500, divided between States is Micronesia’s primary source of
nine ethnic Micronesian and Polynesian revenue. The economy consists primarily of
groups. The most commonly used language fishing, tourism, and subsistence agricul-
is English, although Trukese, Pohnpeian, ture. The tourism industry is small because
Yapese, and Korsrean are also spoken. of the island’s location and a lack of ade-
There are two common religions practiced quate facilities. The islands have very few
by Micronesians: Roman Catholicism (50 mineral deposits worth exploiting, with the
percent) and Protestantism (47 percent), exception of high-grade phosphate. The
while 3 percent practice some other religion major exports of the islands are fish, cloth-
or no religion at all. ing, bananas, and black pepper. Microne-

366
Micronesia 367

sia’s communications and transportation works. The Internet has provided an in-
systems are very limited. creasing level of open public discussion of
social and governmental issues.
Women’s representation in government
HUMAN RIGHTS
and politics is very limited at all levels be-
There are no local organizations concerning cause of Micronesia’s male-dominated so-
themselves solely with human rights, which ciety. The constitution provides protection
makes human rights evaluations difficult. against discrimination based on race, sex,
There are no reports of political or extra- language, religion and, but there is exten-
judicial killings or politically motivated dis- sive societal discrimination, especially dis-
appearances. Substantial cash settlements crimination and violence against women.
were received by victims who were mis- Spousal abuse, reported and unreported,
treated by police in some incidents; the of- is widespread. Effective prosecution of
ficers involved in the incidents were these offenses is rare. Most victims are
removed from the police force. pressured by family members into staying
Prison conditions meet minimum inter- silent, or else do not come forward because
national standards. The legal procedures they feel that the police will not involve
provide for due process, as they are based themselves in what is seen as a private fam-
on U.S. law. An independent judiciary is ily problem. There are no laws against do-
provided for by the constitution and is in- mestic abuse and no government or private
dependent in practice. The Bill of Rights facilities to support or shelter these women.
provides for public trials and most trials Women have equal rights under the law,
are conducted fairly. There are no reports however, and are active and successful in
of political prisoners, and the law prohibits business.
arbitrary interference with privacy, family, Children in Micronesia are not normally
home, or correspondence, and none of employed for wages, although they do assist
these violations exist in practice. families in subsistence farming activities.
The constitution provides for freedom of All children must begin school at the age
speech and freedom of the press, and a pos- of six, but they may leave school at the age
itive development in support of these rights of fourteen or after completing the eighth
came with the establishment of the now- grade, whichever comes first. There is some
defunct biweekly newspaper, the Island Tri- evidence of child neglect, and government
bune, which reported on island events and agencies usually ignore these problems.
explored and addressed controversial is- Working conditions in the four state gov-
sues. There is one private radio station op- ernments provide limited protection of
erated by a religious group. The other four workers’ rights. The minimum wage ranges
radio stations are controlled by each of the from $0.80 to $2.00 an hour, which is suf-
four local state governments, broadcasting ficient to provide a decent standard of liv-
primarily in the local language. Pohnpei is ing under local conditions. There are no
the only state that has a television receiv- laws regulating hours of work or any stan-
er station with access to live satellite-tele- dards of safety and health. Employers are
vised information from around the world, required by a federal regulation to provide
and taped broadcasts of the major U.S. net- a safe work place, but the Department of
368 The Human Rights Encyclopedia

Health provides no enforcement. Workers Bibliography


are not protected from dangerous work sit-
Central Intelligence Agency. The World Factbook
uations without jeopardy to their contin-
1999. Washington, DC: Office of Public Af-
ued employment. There are no regulations fairs, 2000.
guaranteeing access to public buildings or U.S. Department of State. Micronesia Country
services for disabled persons. Report on Human Rights Practices for 1999.
Washington, DC: Bureau of Democracy,
Barbara and Michela Zonta Human Rights, and Labor, 2000.
Moldova
cent Moldavians (Romanians), 23 percent
Russians, and 18 percent Ukrainians.

BACKGROUND
Moldova is a party to the International Bill
of Human Rights, the European Conven-
tion on Human Rights, and other treaties.
In 1994, Moldova adopted its constitution,
establishing a republic and providing for a
multiparty representative government with
power divided between a president, cabi-
net, Parliament, and judiciary. The second
Moldavian Parliament ratified the accession
to the Commonwealth of Independent
States (CIS) in 1994. Ratification paved the
way for bilateral framework agreement with
Russia on the withdrawal of the 14th Army
from Tiraspol and the Transnistria region,
which was signed in Chisinau in 1995 and
The Republic of Moldova gained its inde- ratified by the Moldavian Parliament, with
pendence from the Soviet Union in 1991. It the Russian Duma not yet ratifying it.
is a land locked country situated in between The Transnistrian separatists’ move-
Romania to the west and Ukraine to the ment, with the logistical support of the
east. Its population is 4.5 million people, powerful 4th Russian Army, proclaimed its
with some 800,000 living in the capital independence from Moldova in August
Chisinau (earlier officially named Kishinev). 1990. (The population of the Transnistria,
According to a 1989 census, the ethnic or trans-Dniester, region had a higher per-
breakdown was 64.5 percent ethnic Molda- centage of Slavs than the rest of Moldova,
vians (Romanians), 13.8 percent ethnic and many of them were reluctant to leave
Ukrainians, 13 percent Russians, 3.5 per- the Russian sphere of influence.) Fighting
cent Turkic-speaking Gagauz, and 2.7 per- between constitutional forces and sepa-
cent Bulgarians. The two last groups are ratists of the Transnistrian Republic en-
concentrated in the south of Moldova. The sued, resulting in some 200 killed and 500
demographic situation of the left bank (east- injured. A cease-fire was brought about in
ern Moldova—Transnistria) of the Dniester July 1992, with the Conference on Securi-
River is that out of about 750,000 people— ty and Cooperation in Europe (CSCE), the
of whom 230,000 live in the region’s largest Russian Federation, and Ukraine acting as
city, Tiraspol—the ethnic makeup is 41 per- mediators. Since then, the country has re-

369
370 The Human Rights Encyclopedia

mained “de facto” divided, with the inter- lic and private broadcasting stations refrain
nationally unrecognized “Transnistrian from airing information which could “un-
Moldavian Republic” still in control of the dermine public order,” “pose a threat to the
east bank of the Dniester River. security of persons and property,” or “de-
The situation between Moldova and the grade human dignity.” It was forbidden to
breakaway Transnistria region remains depict important national monuments and
tense, with the potential for human rights buildings in campaign materials or to use
abuses to occur if fighting should resume. documents “touching upon the interests of
The internal human rights situation in the public persons” without their written con-
two halves of Moldova are also very differ- sent. These restrictions did not adversely
ent. In general, there is much less freedom affect the freedom of the electoral process to
and respect for human rights in the a great degree.
Transnistrian republic than in the Molda- Some favoritism was shown to the ruling
vian republic. political coalition. Moldavian public televi-
sion allocated two-and-a-half times more
free airtime for the coalition than for its op-
HUMAN RIGHTS
ponents. Also, the government-owned
Moldova does not provide all the respect for newspaper Moldova Suverana gave the
human rights that it should, but has made coalition as much space as it gave to all the
real efforts in the past few years to improve other parties combined. The CEC ignored
its human rights situation. these violations of regulations. A Supreme
Moldova recorded significant improve- Court judge ruled that these dispropor-
ments since 1992 with respect to human tionate allocation of airtime by the CEC was
rights and fundamental freedoms, ratifying legal. The majority of press and media are
international human rights treaties, be- highly politicized.
coming a member of the United Nations The situation was much worse on the
(UN) and the Council of Europe, guaran- east side of the Dniester. The authorities of
teeing free multiparty elections, constitu- Transnistria banned elections there, and
tionalizing the separation of powers, and less than 10 percent of the region partici-
establishing the Constitutional Court and pated in the parliamentary elections. Also,
Ombudsman Institute. Transnistria re- the local government canceled bus service
mains out of the government’s actual con- to hamper people who wished to vote. No
trol. In Transnistria, an emergency law political party other than the Communist
declared by the local regime, on economic Party was allowed to campaign.
grounds, outlaws political parties and en- Free speech in Moldova is protected but
ables severe restrictions on civil and polit- with limitations. The Moldavian constitution
ical rights. Human rights in Transnistria prohibits “expression that may harm the
are in much greater jeopardy than in honor, dignity or the rights of other people”
Moldova proper. and criminalizes “defamation of the State
The 1996 and 1998 elections in Moldova and people.” The political majority of the Par-
were considered free and fair by interna- liament appoints the director of public tele-
tional observers. Some limits were placed vision and radio. Access of journalists to
on free speech, as the Central Election hearings in the parliament and governmen-
Commission (CEC) ordered that both pub- tal meetings was frequently restricted.
Moldova 371

In Transnistria, a local paper of the city tion of prisoners remains serious, however.
of Rabnita faced charges of defamation of Due to extremely poor physical conditions,
a public officer and was forced to shut the poor quality of food, and inadequate
down. Local Transnistrian authorities have medical treatment, inmates suffer from over-
a monopoly on setting up mass media all physical weakness and illnesses. Conta-
institutions. gious diseases such as tuberculosis were
Moldavian legislation remains restrictive widespread. Minors were sometimes held with
of religious activities, maintains control adult inmates, and pretrial detainees were
over religious liberties, and does not clear- often incarcerated with convicted criminals.
ly stipulate the separation of church and In Balti police headquarters, the 100-square-
state. According to the Moldavian law, reli- foot cells held four or five persons each.
gious organizations must register with the Often these prisoners were forced to sleep
government. Some Moldavian newspapers without mattresses. Toilet facilities were
print hate speech directed toward non-or- limited, as was running water. There are
thodox religions. many cases of police beatings in pretrial
There are two orthodox churches func- detention, along with the use of electric
tioning in Moldova: the Moldavian Mitropo- shock. Prisoners’ correspondence is read by
lia (Mitropolia Basarabiei), which is the authorities.
subordinated canonically to Moscow, and In Transnistria, the condition of prison-
the Besarabian Orthodox Church (Mitropo- ers is far worse. Torture of suspects and
lia Basarabiei), which is subordinated prisoners is commonplace, and fair trials
canonically to Bucharest. The Moldavian are impossible. In December 1999, the de-
government refuses to officially recognize tainees of Hlinaia detention facility near the
the Besarabian Orthodox Church because city of Grigoriopol in the region of Transnis-
“its activity is in contradiction with canon- tria declared a hunger strike to protest poor
ical order [i.e., that of the Moldovan Ortho- detention conditions, systematic beatings,
dox Church] and its recognition by the and other abuses. Six detainees committed
government would ignore the existence of a suicide.
canonical order in the Orthodox Church in Secrecy of correspondence and telecom-
Moldova.” The Besarabian Orthodox munications reportedly has been violated
Church remains, in effect, an outlawed re- by the Moldavian Ministry of National Se-
ligious organization. curity and the Department for Combating
Transnistrian authorities refuse registra- Organized Crime and Corruption.
tion of Jehovah’s Witnesses, citing their re- In 1995, the Moldavian Penal Code was
fusal to serve in the army, their rejection of amended, eliminating punishment for ho-
blood transfusion, and their “destructive,” mosexuality, overturning previous laws
“non-traditional,” and “intolerant and ag- which had provided for up to five years of im-
gressive” attitude toward other religions. prisonment. There remains a discriminatory
These community members were harassed attitude toward homosexuals. In Transnis-
by local militias, attacked with hate speech in tria, homosexual behavior is outlawed.
local media, and had their literature seized. Moldova has not adhered to internation-
As Moldova is a party to the European al treaties designed to protect refugees and
Convention on Human Rights, the death the displaced nor has it developed internal
penalty was abolished in 1995. The situa- legislation for this problem.
372 The Human Rights Encyclopedia

Minorities rights are protected better in of practicing “cultural genocide” on their


Moldavia then in Transnistria. In Transnis- children.
tria, local authorities banned public edu- Barbara and Michela Zonta
cation in languages using anything but the Bibliography
Cyrillic alphabet. Private schools, which
continued to use the Latin alphabet, faced Amnesty International. Amnesty International
Report 2000. New York: Amnesty Interna-
financial discrimination and some of them
tional Publications, 2000.
were stripped of their licenses. Teachers
Central Intelligence Agency. The World Factbook
in the Grigoriopol private schools were ha-
1999. Washington, DC: Office of Public Af-
rassed by paramilitary groups of Cossacks fairs, 2000.
because of their use of the Latin alphabet. U.S. Department of State. Moldova Country Re-
Some 500 parents of pupils attending a port on Human Rights Practices for 1999.
Romanian/Moldavian school in another Washington, DC: Bureau of Democracy,
city of Transnistria accused the authorities Human Rights, and Labor, 2000.
Monaco
fundamental liberties. In 1993, the Princi-
pality of Monaco became an official member
of the United Nations with full voting rights.
Prince Rainier III is the chief of state. The
minister of state, who is always a French cit-
izen, is appointed by the prince. The prime
minister and three other ministers make up
the Council of Government, which remains
in power for three years. Legislative power
is shared between the prince and the Na-
tional Council, which is formed by eighteen
members and elected by universal suffrage.
Monaco’s economy is mainly based on
banking, light manufacturing, services, and
tourism, which supports the population
with a high standard of living.
The constitution provides for all the fun-
damental human rights, and the government
respects them in practice. In addition, the gov-
ernment encourages the formation of human
The Principality of Monaco is a small state rights monitoring groups and welcomes visits
forming an enclave in southern France, by international human rights monitors.
bounded on the south by the Mediterranean The Principality of Monaco respects the
Sea. Monaco is the capital city. Three major United Nations Convention Relating to the
ethnic groups that comprise the population, Status of Refugees, but it does not guar-
estimated at around 32,000, are Mone- antee asylum or refugee status unless the
gasque (16.7 percent), French (47 percent), request meets the requirements of French
and Italian (16 percent). French is the offi- law. So far, the number of requests has
cial language; however, English, Italian, and been very limited.
Monegasque (a blend of French and Italian) The government is very committed to
are widely spoken as well. About 95 percent women’s and children’s rights. Regulations
of the population is Roman Catholic; the supporting the disabled have been widely
remaining 5 percent practice other religions. implemented.
In 1861, the Principality of Monaco became Barbara and Michela Zonta
an independent state under French Protec-
tion. In 1911, a constitutional monarchy was Bibliography
established. In 1962, a new constitution was U.S. Department of State. Monaco Country Re-
promulgated, which abolished capital pun- port on Human Rights Practices for 1999.
ishment, approved female suffrage, and es- Washington, DC: Bureau of Democracy,
tablished a Supreme Court to guarantee Human Rights, and Labor, 2000.

373
Mongolia
BACKGROUND

Mongolia has a parliamentary form of gov-


ernment. The executive branch of the gov-
ernment consists of a president and a
prime minister. The legislature is called the
State Great Hural, with seventy-six
deputies. The president is second in au-
thority to the State Great Hural. The
Supreme Court represents the judicial
branch.
The origins of Mongolia date back to
1203, when Genghis Khan established a
single Mongolian state based on nomadic
tribal groupings. China gained control of
Mongolia in the 1600s. The region became
known as Outer Mongolia, and was a Chi-
nese province from 1691 until 1911. In
1912, with the collapse of the Chinese em-
pire, Outer Mongolia became an au-
Mongolia is a country in northern Asia, be- tonomous state under Russian protection.
tween Russia and China. Ulan Bator is the The Mongolian People’s Republic was pro-
capital city. The population, which was esti- claimed on November 25, 1924, after which
mated at 2.6 million in 1999, comprises Mon- Moscow again became the major outside
gols (90 percent), Kazakhs (4 percent), influence on Mongolia. Independence from
Chinese (2 percent), Russians (2 percent), and the former Soviet Union was not achieved
others (2 percent). Nearly half of the popula- until 1990, when the constitution was
tion lives in the capital, Ulaanbaatar, and in amended to provide for a multiparty sys-
other provincial centers. About 4 million Mon- tem and the first democratic elections were
gols live outside Mongolia, and about 3.4 mil- held. The election of the first non-commu-
lion live in China, mainly in the Inner nist government was held on June 30,
Mongolia Autonomous Region. Some 500,000 1996.
live in Russia. Over ninety percent of the pop- Mongolia is a very poor country. Tradi-
ulation speaks Khalkha Mongol; minor lan- tionally, Mongolia’s economic activity was
guages include Kazakh, Chinese, and based on agriculture and the breeding of
Russian. Tibetan Buddhism, which was sup- livestock. Mongolia has made efforts to de-
pressed under the communist regime until velop a free-market economy by freezing
1990, is the dominant religion. Islam and spending, easing price controls, privatizing
Shamanism are also practiced by minorities.

374
Mongolia 375

Two men sit on a curb outside a newly built housing project in Ulan Bator.

large state enterprises, and liberalizing do- Prison conditions are generally very poor.
mestic and international trade. Such ef- Food and heat are insufficient, threatening
forts, however, have been complicated by the health of inmates who often enter
the deterioration of the economy of the for- prison already infected with tuberculosis.
mer Soviet Union, which had served as the Prisons and detention facilities are also very
primary market for Mongolian industry, as crowded, and restrictions on due process
well as by Mongolia’s severe climate, scat- for prisoners are common.
tered population, and wide expanses of un- Although the constitution provides for
productive land. In 1997, Mongolia joined the rights of freedom of speech, press, and
the World Trade Organization. expression, both state-controlled and in-
dependent media are manipulated occa-
sionally by the state in order to promote
HUMAN RIGHTS
government policy.
Although the government generally respects Furthermore, despite the constitutional
the human rights of its citizens, problems provisions defending the right both to wor-
remain in some areas. ship and not to worship, and the recogni-
Prisoners and detainees, especially in the tion of the separation of church and state,
countryside, are occasionally the victims of official harassment occurs of some reli-
beatings by members of the security forces. gious groups seeking to register with the
376 The Human Rights Encyclopedia

government. without government restriction, investigat-


The constitution also states that discrimi- ing and publishing their findings on human
nation based on ethnic origin, language, race, rights cases.
age, sex, social origin, or status is forbidden,
Barbara and Michela Zonta
and that men and women are equal in polit-
ical, economic, social, cultural fields, and fam-
ily. In practice, discrimination still occurs. Bibliography
Women generally enjoy equal rights in most
areas. They receive equal pay for equal work Amnesty International. Amnesty International
Report 2000. New York: Amnesty Interna-
and have equal access to education. Never-
tional Publications, 2000.
theless, women are often victims of violence,
Central Intelligence Agency. The World Factbook
including rape and spousal abuse. Further-
1999. Washington, DC: Office of Public Af-
more, the number of single-parent families— fairs, 2000.
most of which are headed by women—has U.S. Department of State. Mongolia Country Re-
been increasing over the years. port on Human Rights Practices for 1999.
Several human rights groups operate Washington, DC: Bureau of Democracy,
Morocco
al legislature consisting of a lower house
elected through universal suffrage, and an
upper house whose members are elected by
local councils. In March 1998, the king ap-
proved the first coalition government of op-
position parties in decades, led by Socialist
Prime Minister Youssoufi. The decision was
made in response to criticism of the No-
vember 1997 parliamentary elections, which
were considered fraudulent by most inde-
pendent observers, and it marked an im-
portant step toward democratization.
Morocco’s diversified economy is based
primarily on agriculture, services, light in-
dustry, mining, and tourism, but illegal
growing of cannabis represents a signifi-
cant portion of Morocco’s economic activi-
ties. Considerable monetary inflows also
come from Moroccans working abroad. The
unemployment rate has been rising in the
Morocco is a country in northwest Africa, past few years, despite generally strong eco-
bounded on the north and northwest by the nomic growth.
Mediterranean Sea and the Atlantic Ocean, Morocco is a member of the United Na-
on the east and southeast by Algeria, and tions and some of its related agencies, in-
on the south by Western Sahara. Mostly cluding the International Monetary Fund. It
Sunni Muslims of Arab, Berber, or Arab- is also member of the Arab League and con-
Berber origin make up its population of tinues to play a significant role in the
about 30 million. Arabic is the official lan- search for peace in the Middle East.
guage, although French is spoken in both
the government and in business. Rabat is
HUMAN RIGHTS
the capital city; Casablanca is the center of
commerce and industry. The human rights situation has been im-
proving. The prime minister has established
an interministerial commission on human
BACKGROUND
rights. Furthermore, in recent years the
Formerly a protectorate of France, Morocco government has made efforts to disclose as
recovered its political independence in 1956. much information as possible on the forced
The reformed 1996 constitution provides for disappearances that occurred after the at-
a constitutional monarchy, with a bicamer- tempts to overthrow the government in

377
378 The Human Rights Encyclopedia

A crowd of young children getting immunized by UNICEF.

1971 and 1972. However, problems persist The authorities sometimes ignore legal
in several areas. provisions regarding arrest, pretrial deten-
Citizens do not have the full right to tion, and due process. Prison conditions
change their government. The king is the are harsh, with overcrowding, lack of san-
head of state and has the power to replace itation, and poor medical care being the
any minister at his own discretion. More- major problems, often resulting in unnec-
over, the Parliament’s ability to effect essary deaths.
changes in the government remains most- The government security services moni-
ly theoretical. tor persons, organizations, and university
The constitution provides for the inde- campuses. Freedoms of speech and the
pendence of the judiciary; however, it is cor- press are restricted in certain areas. Local
rupt and subject to the influence of the and foreign publications are indirectly sub-
government. ject to governmental control to prevent per-
The security forces continue to commit ceived dangers to state security. The media
human rights abuses in the form of torture practice self-censorship. A government-
and the mistreatment of detainees. In ad- appointed committee monitors broadcasts.
dition, recent reports document that the Although granted by the constitution, free-
police charged into crowds of demonstra- doms of assembly and association continue
tors, indiscriminately beating participants to be limited in practice. Union activities are
and journalists. subject to governmental interference.
Morocco 379

Although the constitution states that all checkpoints throughout the country, and
citizens are equal, traditional practices do the Ministry of Interior occasionally limits
not protect women and their right to be con- freedom to travel outside Morocco, espe-
sidered equal with men. In particular, cially for suspected Islamic extremists. Civil
spousal abuse and domestic violence are servants and military personnel must ob-
common and often go unreported. Women tain permission from their ministries.
also suffer various forms of legal and cultur- Morocco generally cooperates with the
al discrimination. The female illiteracy rate United Nations High Commissioner for
is reported to be 67 percent in urban areas Refugees in providing assistance to
and 89 percent in rural areas. Young girls refugees. The government also cooperates
are exploited as domestic servants, despite with domestic and international human
the constitutional provision prohibiting child rights groups, and the prime minister re-
labor. The government does not regulate cently announced his commitment to re-
adoptive servitude, in which children are view cases of past and current human
adopted to become domestic servants, and it rights issues.
is known to occur. In addition, the exploita-
Barbara and Michela Zonta
tion of children on the streets and the prob-
lem of child drug addiction are common.
Bibliography
The constitution provides for freedom of
religion. Until recently, only Islam, Chris- Amnesty International. Amnesty International
tianity, and Judaism were tolerated. Ba- Report 2000. New York: Amnesty Interna-
hais are subject to discrimination, and tional Publications, 2000.
Central Intelligence Agency. The World Factbook
converts from Islam to other religions ex-
1999. Washington, DC: Office of Public Af-
perience social ostracism. Foreign mis-
fairs, 2000.
sionaries are limited in their proselytizing to
U.S. Department of State. Morocco Country Re-
non-Muslims. The Ministry of Islamic Af- port on Human Rights Practices for 1999.
fairs strictly controls mosque sermons and Washington, DC: Bureau of Democracy,
the teaching of the approved Koranic doc- Human Rights, and Labor, 2000.
trine in Muslim schools. Waltz, Susan Eileen. Human Rights and Reform:
Citizens are restricted in their freedom of Changing the Face of North African Politics.
movement. The security forces maintain Berkeley: University of California Press, 1995.
Mozambique
BACKGROUND

A Portuguese colony, Mozambique achieved


its independence in 1975. A civil war began
in 1976 between the Front for the Libera-
tion of Mozambique (FRELIMO) and the
Mozambican National Resistance (REN-
AMO), the latter supported by the South
African government. In 1984, however,
Mozambique and South Africa signed the
Nkomati Accords, opening a new era of eco-
nomic cooperation and a cessation of hos-
tilities. However, the government was
unable to control insurgents affiliated with
RENAMO. Not until 1990, thanks to the ne-
gotiations held under the auspices of Italy
and the Catholic Church, did the two par-
ties agree to a partial cease-fire. A new con-
stitution was created, providing for a
multiparty political system, a market-based
Mozambique is a country in southeastern economy, and free elections. Before then,
Africa, bounded on the north by Zambia, Mozambique was a socialist, one-party
Malawi, and Tanzania; on the east and state ruled by FRELIMO. In 1992, with the
south by the Indian Ocean; on the south- intervention of the United States, the Gen-
west by South Africa and Swaziland; and eral Peace Accord was signed. In 1994, the
on the west by Zimbabwe. Maputo is the first multiparty elections were held under
capital city. Its population includes ten the supervision of an independent Nation-
major ethnic groups and numerous sub- al Election Commission and other interna-
groups with diverse languages, dialects, tional observers, and they were declared
cultures, and histories. In addition to free and fair.
African ethnic groups, about 10,000 peo- The constitution provides for the inde-
ple in Mozambique are Europeans, 35,000 pendence of the judiciary. However, it
are Euro-Africans, and 15,000 are Indians is heavily subject to the influence of the
within a total population of approximately executive.
19 million. About 30 percent are Christian; Mozambique is a very poor country, with
20 to 30 percent are Muslim, with the re- 70 percent of the population living at or
mainder mostly holding traditional beliefs. below the poverty level. The country’s econ-
Portuguese is the official language. omy is based primarily on subsistence agri-

380
Mozambique 381

culture, which employs about 80 percent HUMAN RIGHTS


of the population. Mozambique exports
shrimp, cotton, sugar, and cashew nuts. The government’s human rights record con-
The transition toward a market economy tinues to be poor in several areas. The po-
has resulted in the successfull privatiza- lice and the security forces continue to
tion of about 1,000 previously state-owned commit human rights abuses in the form of
enterprises. However, unemployment in the torture, mistreatment, beating, illegal ar-
formal sector remains a serious problem. rests or detentions, and extrajudicial
In addition, corruption is widely spread killings. There were reports of many deaths
throughout both the public and the private under police custody. In addition, corrup-
sectors. Overall, the economy remains tion extends to all ranks of the police forces.
largely dependent on foreign aid programs. Newspapers continue to report that the po-
Mozambique is a member of the Non- lice extort money from street vendors and
Aligned Movement and of the African Bloc travelers. There were also reports of police
in the United Nations. It also belongs to the officers abusing street children.
Organization for African Unity and the Prison conditions are life-threatening.
Southern African Development Community. Food is insufficient; cells are overcrowded,

A woman of Makonde tribe with a lock placed over her mouth.


382 The Human Rights Encyclopedia

The under-five mortality rate is 282 per 1,000. This baby was two years old.

and latrine facilities are primitive. Minors The government restricts freedom of the
are often incarcerated with adults. The lack press and continues to own the greater part
of sanitation and inadequate medical care of the country’s media, including newspa-
resulted in documented reports of prison pers and radio and television stations,
deaths from cholera, tuberculosis, and which generally reflect the views of the rul-
AIDS-related diseases. Furthermore, other ing party. Journalists still practice self-cen-
reports allege extortion and physical and sorship in fear of losing their position or
sexual abuse by guards. upon being intimidated by governmental of-
Pretrial detentions can be extremely ficials. However, the number of independent
lengthy, due to the shortage of administra- media has been increasing, and its criticism
tive personnel, trained judges and lawyers, of the government is largely tolerated.
and intentional neglect. Although the Penal The government generally respects the
Code prohibits the incarceration of minors, freedom of assembly, although some ex-
there are many reports of minors incarcer- ceptions were reported in the past few years
ated without trial. In addition to the formal when the government intervened forcefully
court system, local customary courts han- in labor demonstrations. In addition, the
dle minor offenses and are staffed with local law imposes some limitations on freedom
arbiters who have no formal training, but of association, with onerous and expensive
have a strong influence. registration procedures applying to certain
Mozambique 383

groups, including political parties and local ers. There are numerous police checkpoints
non-governmental organizations. throughout the country. In urban areas, po-
Although the constitution prohibits any lice officers routinely stop foreign pedestri-
discrimination based on sex, women are ans to verify their passports and fine those
still not protected in all aspects of political, who do not provide proper documents. Fur-
economic, social, and cultural life. Family thermore, local citizens are often detained
laws discriminate against women in em- because they failed to carry identity papers.
ployment and property issues. Women con- The government generally cooperates
tinue to receive lower pay than men in the with the United Nations High Commisser
same positions. In addition, customary for Refugees in dealing with asylum seek-
laws and traditional practices further ag- ers and refugees. It also cooperates with
gravate women’s opportunities in terms of local and international human rights orga-
education and economic independence. nizations by responding to human rights–
Moreover, violence against women, includ- related inquiries.
ing domestic violence and spousal abuse,
Barbara and Michela Zonta
is widespread, especially in rural areas. The
Bibliography
civil law does not define domestic violence as
a crime, and cultural pressure discourages Abrahamsson, Hans. Mozambique, The Trou-
women from reporting abusive spouses. bled Transition: from Socialist Construction to
Primary education is not compulsory. In Free-Market Capitalism. Atlantic Highlands,
general, the education system is over- NJ: Zed Books, 1995.
Amnesty International. Amnesty International
crowded and corrupt, with parents bribing
Report 2000. New York: Amnesty Interna-
teachers and girls exchanging sex for pass-
tional Publications, 2000.
ing grades. Major violations of children’s
Central Intelligence Agency. The World Factbook
rights are committed every day at different 1999. Washington, DC: Office of Public Af-
levels, including child sex abuse, child fairs, 2000.
prostitution, child labor, and criminal ex- U.S. Department of State. Mozambique Country
ploitation of street children. Report on Human Rights Practices for 1999.
Freedom of movement within the coun- Washington, DC: Bureau of Democracy,
try is limited both for citizens and foreign- Human Rights, and Labor, 2000.
Appendix 2-1125

Photo Credits Volume One


p. 5, Carlos Villalon/Impact Visuals; p. 8, Michael Daugaard/ Visuals; p. 188, Corinne Dulka/Impact Visuals; p. 191, Sean
Impact Visuals; p. 13, Vanessa Galbraith/Impact Visuals; p. 20, Sprague/Impact Visuals; p. 196, Chris Cartter/Impact Visu-
Jason Lauré/Impact Visuals; p. 25, Marcello Duek/Impact Vi- als; p. 199, courtesy of Stig Stasig/Impact Visuals; p. 210,
suals; p. 29, J. C. Tordai/Impact Visuals; p. 43, George Cohen/ courtesy of Valérie Berta/Impact Visuals; p. 219, Teun Voeten/
Impact Visuals; p. 49, Heldur Notocyny/Impact Visuals; p. 51, Impact Visuals; p. 222, Teit Horbak/Impact Visuals; p. 225,
Fuminori Sato/Impact Visuals; p. 59, Eric Miller/Impact Visu- John Bunting/Impact Visuals; p. 234, Helen M. Stummer/
als; p. 68, Arvind Garg/Impact Visuals; p. 73, Sean Sprague/ Impact Visuals; p. 250, Dana Schuerholz/Impact Visuals; p.
Impact Visuals; p. 75, Enrique Marti/Impact Visuals; p. 76, 261, Suraj Sharma/Impact Visuals; p. 265, Julio Etchart/Im-
Dominiqe Barbesino/Impact Visuals; p. 80, Bruce Paton/Im- pact Visuals; p. 268, Sean Sprague/Impact Visuals; p. 276,
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