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COUNTRY
BACKGROUND: BHUTAN
Under
the British influence a monarchy was set up in 1907;
three years later a treaty was signed whereby the
country became a British protectorate. Independence
was attained in 1949, with India subsequently guiding
foreign relations and providing aid.
Bhutan is located in the eastern Himalayas bordered
by India in the south, east and west and by the Tibetan
Autonomous Region of China in the north. It is a land-locked
country having an area of 46,500 Sq. Km. between latitudes
26 45 0 North and 28 10 0 North and between longitudes
88 45 0 east and 92 10 0 east. At its longest east-west
dimension, Bhutan stretches around 300 kilometres
and it measures 170 kilometre at its maximum north-south
dimension.
SYSTEM
OF GOVERNANCE
With
the support of British Empire, monarchy was established
in 1907. Since then, Bhutan is ruled by an absolute
hereditary monarch since 1907. There is no Constitution
or the Bill of Rights in Bhutan. The system of governance
is practically autocratic, primitive, despotic and
feudal. The King is the head of the state, government
and the highest court of appeal. In the absence of
the Constitution or clearly defined powers of the
government., the executive, judiciary and the legislature
function as a single administrative structure under
the command of the King. There is a Council of Minister
under the chairmanship of the king.
JUDICIARY
The
High Court in Thimphu known as Royal Court of Justice
is the country's supreme court was set up in 1968.
It comprises of six judges and functions as a single
bench and district courts too have a lone district
judge. The judiciary is not independent of the king
and neither is it impartial or neutral. Since, it
functions under the command of the king, the King
exercises strong, active and direct power over the
judiciary. The Government significantly restricts
the rights of Bhutanese citizens and the judiciary
has never protected these rights. The judiciary is
also never known to declare any government action
unlawful. Provisions for defence attorneys, lawyers,
solicitors and jury trials are non existent. No Judicial
official including the Chief Justice is trained in
law. The current judges do not possess any university
degree. In fact an important institution like the
judiciary has been made a dumping ground for inefficient
and unwanted civil servants. Arbitrary arrest and
detention is the rule rather than exception. Royal
Bhutan Police has never seen an arrest warrant. Bhutan
has the most outdated, unprofessional and unlawful
prosecution and trial system. The government restricts
citizens’ right to a fair trial. In contravention
to all established jurisprudence and international
legal norms, the judges in Bhutan investigate cases,
file charges, prosecute and even award judgment. The
hearing judge assists the police from the executive
branch of the government in the prosecution and decides
the cases. The entire basis of the judicial system
is extraction of the confession of the crime.
LEGISLATURE
The
National Assembly of Bhutan ( a unicameral house )
is called Tshogdu. It consists of 150 members. 100
seats are filled up by the so-called representative
of people, selected by the King appointed Dzongda
(Chief District Officer). The Chief District Officer
is the final authority to decide on the person to
be selected. Forty members are appointed by the King
from among the bureaucracy and ten members are nominated
by the Buddhist clergy. There is no fair representation
to the National Assembly. It is a rubber-stamp of
the executive and its deliberations are all engineered
by the Government. There is only Treasury bench. The
king and his Council of Ministers is the single source
of law. Members of national Parliament -- the National
Assembly (NA)-- themselves cannot pass any legislation.
They do not belong to any political party, since political
parties and human rights organisations are banned
in Bhutan. The Council of Ministers sends all legislation
to the National Assembly for approval and enactment.
The NA just approves them and all legislation passed
by the NA is sent to the King, who has the power to
veto any legislation. NA has been relegated to the
institution of eulogizing the magnanimity of the king,
paying adulatory and flattering tributes to him and
legitimising government action. NA members are indoctrinated
to deliberate on pre-decided agenda set by the government.
Laws in Bhutan have no respect at all for individual
rights and civil liberties. Citizens including members
of NA lose their nationality if they criticize the
King and his government. The king and his government
are above law and supreme in the legal system.
DIPLOMATIC
RELATION
Bhutan’s
foreign policy is guide by India under Article 2 of
the Indo-Bhutan Treaty, 1949. India has been the largest
foreign aid provider and trading partner. Bhutan has
diplomatic relations with India, Nepal, Pakistan,
Maldives, Bangladesh, Sri Lanka Switzerland, Denmark,
Sweden, EEC, Norway, Netherlands, Kuwait, Japan, Finland,
South Korea, Austria, Thailand, Bahrain, Hong Kong,
Singapore and Macaw. It does not have diplomatic relations
with the nest door neighbour China and USA.
Bhutanese
residential diplomatic missions are located in New
Delhi, UN Headquarters, New York, UN Offices Geneva,
Kuwait city, Bangkok, Colombo and Dhaka. India and
Bangladesh have their embassies in Thimphu. The Austrian
Cooperation Bureau, Canadian Co-opeartion Offive,
GTZ, SNV Netherlands, DANIDA, HELVETAS, UNDP, UNICEF,
FAO, WFP and WHO maintain their resident representatives
in Thimphu.
Bhutan
was admitted to the United Nations in 1971. Bhutan
is a member of. Colombo Plan, UPU, UNCTAD, ESCAP,
NAM, IFAD, IMF, IBRD, IDA, FAO, WHO, UNESCO, ADB,
UNIDO, ITU, ECOSOC in 1992. The United Nations Development
Programme (UNDP) opened its office in Thimphu in 1979.
LITERACY
Bhutan's
literacy level is lowest in South Asia, around 42%.
There are less than 3,000 graduates in all streams
together (arts, science, commerce, engineering and
medicine together). Less than 40 people hold Master
degrees.
FOREIGN
AID
As
a Least developed country Bhutan depends on foreign
aids for financing its developmental programmes and
establishment costs. India is the largest donor to
Bhutan. Other donor countries to Bhutan include Australia,
Austria, Finland, Denmark, Japan, Netherlands, Norway,
Canada, Switzerland, Germany, Italy, New Zealand,
Sweden, Republic of Korea, United Kingdom and the
United States.
HUMAN
RIGHTS SITUATION
Bhutan
is a closed society, where the Government of Bhutan
virtually controls everything. Politics and discussion
about country's politics is banned. Even viewing of
television was prohibited until 1999. There is no
newspaper except one weekly bulletin owned by the
government and the transparency on the government
action is non-existent. The radio, Bhutan Broadcasting
Service and newly established Television station are
owned by the government. These agencies are used for
propaganda of the government. They publish and broadcast
only what the government wants the people to read,
hear and know.
There is no official guarantee for the protection
of citizens' human rights. The Bhutanese people are
not secure and do not enjoy even the basic human rights.
Dissidence and opposition to the Government is treated
as treason. Bhutanese people have been absolutely
denied of their fundamental human rights and they
have no Right to Freedom of speech, expression, press
and publication; no right to peaceful assembly and
union; no right to choose and oppose the government;
no right to vote and elections; no right to freedom
of religion, worship, observe and practise their religion
in community, in public, or even in private; no right
to form unions, associations, organisations, NGOs
and political parties; no right to social and cultural
rights. Bhutanese refugees have no right to return
to their country. Bhutan. Bhutan Government has violated
20 Articles out of the thirty Articles enshrined in
the Universal Declaration of Human Rights. It has
not signed major International Instruments on Human
Rights, such as the Covenant on Civil and Political
Rights and Covenant on Economic, Social and Cultural
Rights. Christianity is banned in Bhutan
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