Country
Reports on Human Rights Practices -
2001
Released by the US
State Department, Bureau of Democracy,
Human Rights, and Labor March 4, 2002
Bhutan
Country
Reports on Human Rights Practices -
2001 Released by the Bureau of Democracy, Human Rights,
and Labor March 4, 2002
Bhutan
is ruled by a hereditary monarch, King Jigme Singye Wangchuk,
who governs with the support of a National Assembly and a
Council of Ministers. There is no written constitution to
protect fundamental political and human rights. Since ascending
the throne in 1972, the King has continued the efforts toward
social and political modernization begun by his father. In
the last few years, Bhutan has improved rapidly services in
education, health care, sanitation, and communications, with
parallel but slower development of representative governance
and decision making. In recent years, Bhutan has adopted some
measures to increase the power of the National Assembly. The
judiciary is not independent of the King.
The
Royal Bhutan Police (RBP), assisted by the Royal Bhutan Army
(including those assigned to the Royal Body Guard), and a
national militia maintain internal security. Some members
of these forces committed human rights abuses.
The
economy is based on agriculture and forestry, which provide
the main livelihood for 90 percent of the population and account
for approximately half of the gross domestic product (GDP).
The gross national product (GNP) per capita is estimated to
be $600. Agriculture largely consists of subsistence farming
and animal husbandry. Citrus fruit, cardamom, and other spices
are the leading agricultural exports. Cement and electricity
are the other important exports. Strong trade and monetary
ties link the economy closely to that of India. Hydroelectric
power production potential and tourism are key resources,
although the Government limits tourism because of inadequate
infrastructure and environmental and cultural concerns. Tourist
arrivals also are limited by a requirement that tourists purchase
a high minimum daily rate holiday package before visiting
the country.
The
Government's human rights record remained poor, and problems
remain in several areas. Citizens do not have the right to
change their government. The King exercises strong, active,
and direct power over the Government. The Government discourages
political parties, and none operate legally. Arbitrary arrest
and detention remain problems, and reports continue of torture
and abuse of detainees. Impunity for those who commit abuses
also is a problem. Judges serve at the King's pleasure, and
the Government limits significantly the right to a fair trial.
In April 2000, the Government established the Department of
Legal Affairs as a result of a review of the Basic Law. Programs
to build a body of written law and to train lawyers are progressing.
The Government limits significantly citizens' right to privacy.
The Government restricts freedom of speech, press, assembly,
and association. Citizens face significant limitations on
freedom of religion. Approximately two-thirds of the government-declared
population of 600,000 persons is composed of Buddhists with
cultural traditions akin to those of Tibet. The Buddhist majority
consists of two principal ethnic and linguistic groups: The
Ngalongs of the western part of the country and the Sharchops
of the eastern part of the country. The remaining third of
the population, ethnic Nepalese, most of whom are Hindus,
live in the country's southern districts. Government efforts
to institute policies designed to preserve the cultural dominance
of the Ngalong ethnic group, to change citizenship requirements,
and to control illegal immigration resulted in political protests,
ethnic conflict, and repression of ethnic Nepalese in southern
districts during the late 1980's and early 1990's. Tens of
thousands of ethnic Nepalese left the country in 1991-92,
many of whom were expelled forcibly. According to the U.N.
High Commissioner for Refugees (UNHCR), as of mid-June 2000,
98,269 ethnic Nepalese remained in 7 refugee camps in eastern
Nepal; upwards of 15,000 reside outside of the camps in the
Indian states of Assam and West Bengal. The Government maintains
that some of those in the camps never were citizens, and therefore
have no right to return. In 1998 the Government began resettling
Buddhist Bhutanese from other regions of the country on land
in southern districts vacated by the ethnic Nepalese living
in refugee camps in Nepal, which is likely to complicate any
future return of the ethnic Nepalese.
The
Government continues its negotiation with the Government of
Nepal on procedures for the screening and repatriation of
ethnic Nepalese in the refugee camps. A ministerial-level
bilateral meeting in November failed to resolve disputes concerning
the categorization of refugees in terms of eligibility for
their eventual repatriation. The Government restricts worker
rights.
The
Government claims that it has prosecuted government personnel
for unspecified abuses committed in the early 1990's; however,
there is little indication that the Government has investigated
adequately or punished any security force officials involved
in torture, rape, and other abuses committed against ethnic
Nepalese residents.
RESPECT FOR HUMAN RIGHTS
Section
1 Respect for the Integrity of the Person, Including
Freedom From:
a.
Arbitrary and Unlawful Deprivation of Life
There
were no reports of arbitrary or unlawful deprivations of life
committed by the Government or its agents.
Domestic
human rights groups allege that the Government has taken no
action to punish a government official for the 1998 killing
of Buddhist monk Gomchen Karma. The Government stated that
the shooting was accidental, that the official responsible
has been suspended from duty and charged in connection with
the incident, and that his case was being heard as of September
2000.
b.
Disappearance
There
were no reports of politically motivated disappearances.
c.
Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment
The
law prohibits torture and abuse; however, human rights advocates
state that in practice the security forces ignore these provisions.
No one was prosecuted in connection with violating prohibitions
against torture during the year. In 1999 and 2000 there were
reports that security forces stopped ethnic Nepalese refugees
attempting to return to the country, beat them or tortured
them, and sent them back across the border. Refugee groups
state that this has discouraged others from trying to return
to the country. Refugee groups credibly claim that persons
detained as suspected dissidents in the early 1990's were
tortured and/or raped by security forces. During those years,
the Government's ethnic policies and the crackdown on ethnic
Nepalese political agitation created a climate of impunity
in which the Government tacitly condoned the physical abuse
of ethnic Nepalese. The Government denies that these abuses
occurred but also claims that it has investigated and prosecuted
three government officials for unspecified abuses of authority
during that period. Details of these cases have not been made
public.
Prison
conditions reportedly are adequate, if austere. Visits by
the International Committee of the Red Cross (ICRC) and the
opening of a new prison in Thimphu (in 1994) contributed to
improving conditions of detention. However, human rights groups
active outside the country maintain that prison conditions
outside of the capitol city of Thimpu remain oppressive.
The
Government and the ICRC signed a new Memorandum of Understanding
in September 1998, extending the ICRC prison visits program
for another 5 years. The ICRC conducted two prison visits
during the year, as it has done for each of the past 7 years,
and was allowed unhindered access.
d.
Arbitrary Arrest, Detention, or Exile
Arbitrary
arrest and detention remain problems. Under the law, police
may not arrest a person without a warrant and must bring an
arrested person before a court within 24 hours, exclusive
of travel time from place of arrest. However, legal protections
are incomplete, due to the lack of a fully developed criminal
procedure code and to deficiencies in police training and
practice. Incommunicado detention, particularly of Nepalese
refugees returning without authorization, is still known to
occur. Incommunicado detention of suspected militants was
a serious problem in the early 1990's, but the initiation
of ICRC prison visits and the establishment of an ICRC mail
service between detainees and family members has helped to
allay this problem. Of those detained in connection with political
dissidence and violence in southern areas in 1991-92, 29 continue
to serve sentences after conviction by the High Court.
On
May 6, Damber Pulami, a refugee living in a camp in Nepal,
was arrested in the country. Pulami reportedly was a member
of the Youth Organization of Bhutan (the youth wing of the
banned Bhutan People's Party) and had gone to the country
to check on the internal resettlement of non-Nepalese to the
south. Amnesty International (AI) has not received a response
to queries about the charges against him, his whereabouts,
and his physical condition, although according to one human
rights group Pulami is in Chemgang Jail in Thimpu. According
to AI, Tul Man Tamang, a 30-year-old construction worker was
arrested in June on suspicion of organizing political activities.
He reportedly was taken to a police station at Chimakothi
in Chhukha district where he allegedly was tortured, held
incommunicado in a dark cell, and forced to sign a statement
saying he was leaving the country voluntarily before being
forcibly exiled to India. Ugyen Tenzing, a member of the Druk-Yul
Peoples' Democratic Party, reportedly was arrested in Samtse
district in June. N.L. Katwal, a central committee member
of the Bhutan Gorkha National Liberation Front, was one of
more than 55 persons arrested during a demonstration in Phuntsholing
in April 2000. In December 2000 he was sentenced to 13 years
and 6 months in prison. He was serving his sentence in Chamgang
Jail at year's end.
Rongthong
Kunley Dorji, former leader of the Druk National Congress
(DNC) and United Front for Democracy in Bhutan (UFD), was
arrested in India in April 1997, following the issuance of
an extradition request by Bhutanese authorities. Human rights
groups contend that the charges brought against Dorji by the
Bhutanese government are motivated politically and constitute
an attempt by the Government to suppress his prodemocracy
activities. In June 1998, an Indian court released Dorji on
bail but placed restrictions on his movements. Dorji's extradition
case still is pending in the Indian courts and is proceeding
slowly. According to a refugee-based human rights group, only
one prosecution witness, a Joint Secretary in India's Ministry
of External Affairs, has been cross-examined in the last 40
months. The next witness, another Indian government official,
is scheduled to testify in February 2002.
In
the past, according to AI, many persons have been detained
on suspicion of being members or supporters of the DNC. Only
one such arrest was reported in 2000 and one during the year,
but human rights groups allege that arrest and abuse of refugees
returning to the country without authorization continue to
occur but go unreported by the Government. There were no peaceful
protest marches from India to Bhutan during the year, perhaps
due to fear of arrests and deportation, as occurred in previous
years after such marches. Persons holding peaceful marches
from India to Bhutan charge that in 1999 the Bhutanese police
assaulted them, injuring several demonstrators, and then arrested
and deported all of the marchers to Nepal (see Section 5).
By one estimate, approximately 100 marchers were arrested
and deported in 1999. The Government acknowledged that 58
persons whom it described as terrorists were serving sentences
at the end of 1998 for crimes including rape, murder, and
robbery.
Although
the Government does not use exile formally as punishment,
many accused political dissidents freed under Government amnesties
state that they were released on the condition that they depart
the country. Many of them subsequently registered at refugee
camps in Nepal. The Government denies this.
e.
Denial of Fair Public Trial
There
is no written constitution, and the judiciary is not independent
of the King. The judicial system consists of district courts
and a High Court in Thimphu. Judges are appointed by the King
on the recommendation of the Chief Justice and may be removed
by the King. Village headmen adjudicate minor offenses and
administrative matters.
An
Office of Legal Affairs (OLA) was established in March 2000.
The responsibilities of the OLA are to conduct state prosecutions,
draft and review legislation, and render legal counsel. By
September a department head and all staff were in place. The
OLA is composed of a Legal Services Division (which eventually
is to become the Ministry of Law and Justice) with domestic,
international, and human rights sections; and a Prosecution
Division (which eventually is to become the Attorney General's
office), with a criminal section and a civil section.
Criminal
cases and a variety of civil matters are adjudicated under
a legal code established in the 17th century and revised in
1958 and 1965. State-appointed prosecutors file charges and
prosecute cases for offenses against the State. In other cases,
the relevant organizations and departments of government file
charges and conduct the prosecution. Defendants are supposed
to be presented with written charges in languages that they
understand and given time to prepare their own defense. However,
according to some political dissidents this practice is not
always followed. In cases where defendants cannot write their
own defense, courts assign judicial officers to assist defendants.
There were reports that defendants receive legal representation
at trial, and that they may choose from a list of 150 government-licensed
and employed advocates to assist with their defense; however,
it is not known how many defendants actually receive such
assistance. A legal education program gradually is building
a body of persons who have received formal training abroad
in the law. For example, the Government sends many lawyers
to India and other countries for legal training; 54 persons
have completed legal studies abroad, and 43 more are enrolled.
Village headmen, who have the power to arbitrate disputes,
constitute the bottom rung of the judicial system. Magistrates,
each with responsibility for a block of villages, can review
their decisions. Magistrates' decisions can be appealed to
district judges, of which there is one for each of the country's
20 districts. The High Court in Thimphu is the country's supreme
court.
Defendants
have the right to appeal to the High Court and may make a
final appeal to the King, who traditionally delegates the
decision to the Royal Advisory Council. Trials are supposed
to be conducted in open hearings, but there are allegations
that this is not always the case in practice.
Questions
of family law, such as marriage, divorce, and adoption, traditionally
are resolved according to a citizen's religion: Buddhist tradition
for the majority of the population and Hindu tradition for
the ethnic Nepalese. Nonetheless the Government states that
there is one formal law that governs these matters.
Some
or all of the approximately 75 prisoners serving sentences
for offenses related to political dissidence or violence,
primarily by ethnic Nepalese during 1991-92, may be political
prisoners (see Section 1.e.).
On
December 17, 1999, the King pardoned 200 prisoners to mark
National Day; all reportedly were released. Among them were
40 persons convicted of "antinational" offenses,
including Tek Nath Rizal, a prominent ethnic Nepalese dissident,
and internationally recognized political prisoner. He was
convicted in 1992 of "antinational" crimes, including
writing and distributing political pamphlets and attending
political meetings. In 2000 Rizal was granted permission to
leave the country to receive medical treatment in India. He
has since returned to the country. According to AI, property
confiscated from Rizal during his arrest has not been restored
to him.
f.
Arbitrary Interference with Privacy, Family, Home, or Correspondence
There
are no laws providing for these rights. According to human
rights groups, police regularly conduct house-to-house searches
for suspected dissidents without explanation or legal justification.
The Government requires all citizens, including minorities,
to wear the traditional dress of the Buddhist majority when
visiting Buddhist religious buildings, monasteries, or government
offices; in schools, and when attending official functions
and public ceremonies.
Section
2 Respect for Civil Liberties, Including:
a.
Freedom of Speech and Press
The
Government restricts freedom of speech, and to a lesser extent
freedom of the press. The country's only regular publication
is Kuensel, a weekly newspaper with a circulation of 15,000.
It also reports stories on a daily basis through its on-line
edition. Kuensel was formerly government-run, and human rights
groups in the past stated that government ministries reviewed
editorial material and suppressed or changed content. According
to the Government, Kuensel is independent and is funded entirely
through advertising and subscription revenue. Its board consists
of a mix of senior civil servants and private individuals.
Kuensel, which is published simultaneously in the English,
Dzongkha, and Nepali languages, supports the Government but
does occasionally report criticism of the King and of government
policies in the National Assembly. The Government maintains
that there are no restrictions on individuals starting new
publications, but that the market is too small to support
any. Nepalese, Indian, and other foreign newspapers and magazines
are available, but readership is in the hundreds and primarily
limited to government officials.
After
a 10-year ban on private television reception, in 1999 the
Government introduced local television broadcasting with the
inauguration of the Bhutan Broadcasting Service. The service
broadcasts locally produced and foreign programs. In late
1999 the Government began licensing cable operators. There
are more than 27 cable providers in the country with more
than 10,000 subscribers. A large variety of programming is
available, including CNN, and BBC. The Government does not
censor cable content. The Government radio station broadcasts
each day in the four major languages (Dzongkha, Nepali, English,
and Sharchop).
The
Government inaugurated the country's first Internet service
provider, Druknet, in June 1999; it had 1,820 subscribers
as of late 2000. There are internet cafes in Thimpu, Phuentsholing
and Bumthang. The Government does not censor any content on
Druknet except for pornography, which is blocked. There are
no reported restrictions on academic freedom.
b.
Freedom of Peaceful Assembly and Association
The
Government restricts freedom of assembly and association.
Citizens may engage in peaceful assembly and association only
for purposes approved by the Government. Although the Government
allows civic and business organizations, there are no legally
recognized political parties. The Government regards parties
organized by ethnic Nepalese exiles--the Bhutan People's Party
(BPP), the Bhutan National Democratic Party (BNDP), and the
Druk National Congress--as "terrorist and antinational"
organizations and has declared them illegal. These parties,
which seek the repatriation of refugees and democratic reform,
do not conduct activities inside the country.
c.
Freedom of Religion
The
Government restricts freedom of religion. The Drukpa branch
of the Kagyupa School of Mahayana Buddhism is the state religion.
Approximately two-thirds of the population practice either
Drukpa Kagyupa or Ningmapa Buddhism.
The
Drukpa branch is practiced predominantly in the western and
central parts of the country, which are inhabited mainly by
ethnic Ngalongs (descendants of Tibetan immigrants who predominate
in government and the civil service, and whose cultural norms
have been declared to be the standard for all citizens). The
Ningmapa school is practiced predominantly in the eastern
part of the country, although there are adherents, including
the royal family, in other areas. Most of those living in
the east are ethnic Sharchops--the descendants of those thought
to be the country's original inhabitants. The Government subsidizes
monasteries and shrines of the Drukpa sect and provides aid
to approximately one-third of the Kingdom's 12,000 monks.
The Government also provides financial assistance for the
construction of Drukpa Kagyupa and Ningmapa Buddhist temples
and shrines. In the early 1990's, the Government provided
funds for the construction of new Hindu temples and centers
of Sanskrit and Hindu learning and for the renovation of existing
temples and places of Hindu learning. The Drukpa branch of
Buddhism enjoys statutory representation in the National Assembly
(Drukpa monks occupy 10 seats in the 150-member National Assembly)
and in the Royal Advisory Council (Drukpa monks hold 2 of
the 11 seats on the Council); the Drukpa branch is an influential
voice on public policy. Citizens of other faiths, mostly Hindus,
enjoy freedom of worship but may not proselytize. Followers
of religions other than Buddhism and Hinduism generally are
free to worship in private homes but may not erect religious
buildings or congregate in public. Under the law, conversions
are illegal. Some of the country's few Christians, mostly
ethnic Nepalese living in the south, state that they are subject
to harassment and discrimination by the Government, local
authorities, and non-Christian citizens.
The
King has declared major Hindu festivals to be national holidays,
and the royal family participates in them. Foreign missionaries
are not permitted to proselytize, but international Christian
relief organizations and Jesuit priests are active in education
and humanitarian activities. The Government restricts the
import into the country of printed religious matter; only
Buddhist religious texts can be imported. According to dissidents
living outside of the country, Buddhist religious teaching,
of both the Drukpa Kagyupa and Ningmapa sects is permitted
in the schools, but teaching of other religious faiths is
not. Applicants for government services sometimes are asked
their religion before services are rendered. All government
civil servants, regardless of religion, are required to take
an oath of allegiance to the King, the country, and the people.
The oath does not have religious content, but a Buddhist lama
administers it.
d.
Freedom of Movement Within the Country, Foreign Travel, Emigration,
and Repatriation
Citizens
traveling in border regions are required to show their citizenship
identity cards at immigration check points, which in some
cases are located at a considerable distance from what is
in effect an open border with India. By treaty citizens may
reside and work in India.
The
country is not a signatory to the 1951 U.N. Convention Relating
to the Status of Refugees or its 1967 Protocol (See Section
5). The Government states that it recognizes the right to
asylum in accordance with international refugee law; however,
the Government has not formulated a policy regarding refugees,
asylees, first asylum, or the return of refugees to countries
in which they fear persecution.
According
to one credible human rights source, until recently the Government
systematically arrested and imprisoned Tibetan refugees crossing
the border with Tibet. This policy was followed under a tacit
agreement with China. So invariable was this policy that Tibetan
leaders advised refugees not to use routes of escape through
Bhutan, and refugees have not done so for several years. Since
Tibetans effectively are the only refugee population seeking
first asylum in the country, the issue of first asylum did
not arise during the year.
Section
3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Citizens
do not have the right to change their government. The country
is a monarchy with sovereign power vested in the King. In
1998 the King devolved his day-to-day executive powers to
the Council of Ministers, who are elected by the National
Assembly from among themselves, but reserved control of "matters
of national sovereignty and national security" for himself.
He also introduced term limits for his Council of Ministers
and proposed measures to increase the role of the National
Assembly in the formation of his Government. The National
Assembly elected a new Council of Ministers and Government
in July 1998 to a 5-year term. In July the National Assembly
elected six Royal Advisory Councilors. There are elected or
partially elected assemblies at the local, district, and national
levels, and the Government claims to encourage decentralization
and citizen participation. These elections are conducted in
much the same way as National Assembly elections. Since 1969
the National Assembly has had the power to remove ministers
whom the King appoints, but it never has done so. Political
authority ultimately resides in the King, and decisionmaking
involves only a small number of officials. Officials subject
to questioning by the National Assembly routinely make major
decisions, but the National Assembly is not known to have
overturned any decisions reached by the King and government
officials.
Political
parties do not exist legally, and the Government discourages
their formation as divisive. The Government has banned parties
established abroad by ethnic Nepalese (see Section 2.b.).
The
National Assembly has 150 members. Of these, 105 are elected
indirectly by heads of household, 10 are selected by a part
of the Buddhist clergy, and the remaining 35 are appointed
by the King to represent the Government. The National Assembly,
which meets irregularly, has little independent authority.
However, there are efforts underway to have the National Assembly
meet on a more regular basis, and in recent years the King
and the Council of Ministers have been more responsive to
the National Assembly's concerns. The procedures for the nomination
and election of National Assembly members state that in order
to be eligible for nomination as a candidate, a person must
be a citizen of Bhutan; be at least 25 years of age; not be
married to a foreign national; not have been terminated or
compulsorily retired for misconduct from government service;
not have committed any act of treason against the King, the
populace, and country; have no criminal record or any criminal
case pending against him; have respect for the nation's laws;
and be able to read and write in Dzongkha (the language, in
several dialects, spoken by Bhutanese Buddhists).
Each
National Assembly constituency consists of a number of villages.
Each village is permitted to nominate one candidate but must
do so by consensus. There is no provision for self-nomination,
and the law states that no person may campaign for the candidacy
or canvass through other means. If more than one village within
a constituency puts forward a candidate, an election is conducted
by the district development committee, and the candidate obtaining
a simple majority of votes cast is declared the winner. Individuals
do not have the right to vote; every family in a village is
entitled to one vote in elections. The law does not make clear
how a candidate is selected if none achieves a simple majority.
However, it does state that in case of a tie among the candidates
in the election, selection shall be made through the drawing
of lots. The candidate whose name is drawn shall be deemed
to be elected.
Human
rights activists claim that the only time individual citizens
have any involvement in choosing a National Assembly representative
is when they are asked for consensus approval of a village
candidate by the village headman. The name put to villagers
for consensus approval by the headman is suggested to him
by district officials, who in turn take their direction from
the central Government. Consensus approval takes place at
a public gathering. Human rights activists state that there
is no secret ballot.
The
National Assembly enacts laws, approves senior government
appointments, and advises the King on matters of national
importance. Voting is by secret ballot, with a simple majority
needed to pass a measure. The King may not formally veto legislation,
but may return bills for further consideration. The Assembly
occasionally rejects the King's recommendations or delays
implementing them, but in general, the King has enough influence
to persuade the Assembly to approve legislation that he considers
essential or to withdraw proposals he opposes. The Assembly
may question government officials and force them to resign
by a two-thirds vote of no confidence; however, the National
Assembly never has compelled any government official to resign.
The Royal Civil Service Commission is responsible for disciplining
subministerial level government officials and has removed
several following their convictions for crimes, including
embezzlement.
In
1998 the King issued a decree setting out several measures
intended to increase the role of the National Assembly in
the formation and dissolution of his Government. The decree,
later adopted by the 76th session of the National Assembly,
provided that all cabinet ministers are to be elected by the
National Assembly and that the roles and responsibilities
of the cabinet ministries are to be spelled out. Each cabinet
minister is to be elected by simple majority in a secret ballot
in the National Assembly from among candidates nominated by
the King. The King is to select nominees for cabinet office
from among senior government officials holding the rank of
secretary or above. The King is to determine the portfolios
of his ministers, whose terms are limited to 5 years, after
which they must pass a vote of confidence in the National
Assembly in order to remain in office. Finally the decree
provided that the National Assembly, by a two-thirds vote
of no confidence, can require the King to abdicate and to
be replaced by the next person in the line of succession.
After adopting the decree, the National Assembly elected a
new council of ministers consistent with it. Human rights
groups maintain that since only the King may nominate candidates
for cabinet office, their election by the National Assembly
is not a significant democratic reform. The King removed himself
as Chairman of the Council of Ministers in 1998. Based on
an election held in the National Assembly in 1998, Cabinet
Ministers who received the most votes rotate the position
on a yearly basis. The Chairman of the Council of Ministers
serves as Prime Minster and Head of Government. In August
Trade and Industry Minister Khundu Wangchuk became Chairman.
The
percentage of women in government or politics does not correspond
to their numbers in the population. The persistence of traditional
gender roles apparently accounts for a low proportion of women
in government, although women have made visible gains. A total
of 15 women hold seats in the National Assembly, 23 percent
of civil service employees are women, and women hold more
than 30 percent of positions at the Ministry of Foreign Affairs.
There
are 105 elected people's representatives in the National Assembly.
All major ethnic groups are represented in the National Assembly,
including 14 ethnic Nepalese.
Section
4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
There
are no legal human rights nongovernmental organizations (NGO's)
in the country. The Government regards human rights groups
established by ethnic Nepalese exiles--the Human Rights Organization
of Bhutan, the People's Forum for Human Rights in Bhutan,
and the Association of Human Rights Activists-Bhutan--as political
organizations and does not permit them to operate in the country.
AI was permitted to visit in 1998, and later released a report.
ICRC
representatives continue twice yearly prison visits, and the
Government has allowed them unhindered access to detention
facilities, including those in southern districts inhabited
by ethnic Nepalese. The chairman and members of the U.N. Human
Rights Commission Working Group on Arbitrary Detention have
made two visits to the country.
Section
5 Discrimination Based on Race, Sex, Religion, Disability,
Language, or Social Status
Ongoing
government efforts to cultivate a national identity rooted
in the language, religion, and culture of the Ngalong ethnic
group restrict cultural expression by other ethnic groups.
In the late 1980's and early 1990's, the Government instituted
policies designed to preserve the cultural dominance of the
Ngalong ethnic group. It also committed many abuses against
the ethnic Nepalese, which led to the departure of tens of
thousands of them. Many ethnic Nepalese were expelled forcibly,
and almost 100,000 of them remain in refugee camps in Nepal.
At the time, the Government claimed that it was concerned
about the rapid population growth of and political agitation
by the ethnic Nepalese. The Government claims that ethnic
and gender discrimination in employment is not a problem.
It claims that ethnic Nepalese fill 22 percent of government
jobs, which is slightly less than their proportion of the
total population. Bhutanese human rights groups active outside
the country claim that ethnic Nepalese actually make up approximately
35 percent of the country's population and that the Government
underreports their number. Women are accorded respect in the
traditions of most ethnic groups, although some exile groups
claim that gender discrimination is a problem.
Women
There
is no evidence that rape or spousal abuse are extensive problems.
For example, in 1999 there were 10 reported rapes nationwide.
In the south, in the early 1990s, there were widespread reports
of the rape of large numbers of ethnic Nepalese women, including
by government forces. The Government denied these reports.
In
1996 the National Assembly adopted a revised Rape Act. The
law contains a clear definition of criminal sexual assault
and specifies penalties. In cases of rape involving minors,
sentences range from 5 to 17 years. In extreme cases, a rapist
may be imprisoned for life. There are few known instances
of sexual harassment.
Women
constitute 48 percent of the population and participate freely
in the social and economic life of the country. Approximately
43 percent of enrollment in school is female. Inheritance
law provides for equal inheritance among all sons and daughters,
but traditional inheritance practices, which vary among ethnic
groups, may be observed if the heirs choose to forego legal
challenges. Dowry is not customary, even among ethnic Nepalese
Hindus. Among some groups, inheritance practices favoring
daughters reportedly account for the large numbers of women
who own shops and businesses and for an accompanying tendency
of women to drop out of higher education to go into business.
However, female school enrollment has been growing in response
to government policies. Women increasingly are found among
senior officials and private sector entrepreneurs, especially
in the tourism industry. Women in unskilled jobs generally
are paid slightly less than men.
Polygamy
is allowed, provided the first wife gives her permission.
Marriages may be arranged by the marriage partners themselves
as well as by their parents. Divorce is common. Existing legislation
requires that all marriages must be registered; it also favors
women in matters of alimony.
Children
The
Government has demonstrated its commitment to child welfare
by its rapid expansion of primary schools, healthcare facilities,
and immunization programs. Mortality rates for both infants
and children under 5 years dropped significantly since 1989.
The Government provides free and compulsory primary school
education, and primary school enrollment has increased 9 percent
per year since 1991, with enrollment of girls increasing at
an even higher rate. Government policies aimed at increasing
enrollment of girls increased the proportion of girls in primary
schools from 39 percent in 1990 to 45 percent during the year.
In 1999 the participation rate for children in primary schools
was estimated at 72 percent, with the rate of completion of
7 years of schooling at 60 percent for girls and at 59 percent
for boys. There is no law barring ethnic Nepalese children
from attending school. However, most of the 75 primary schools
in southern areas heavily populated by ethnic Nepalese that
were closed in 1990 remain closed. The closure of the schools
acts as an effective barrier to the ability of the ethnic
Nepalese in southern areas to obtain a primary education.
Exile groups claim that Nepalese students scoring highly on
national exams are not always given the same advantages as
other students (such as the chance to study abroad at government
expense), particularly if they are related to prominent dissidents
or refugees.
There
is no societal pattern of abuse against children. Children
enjoy a privileged position in society and benefit from international
development programs focused on maternal and child welfare.
A study by the United Nations Children's Fund (UNICEF) found
that boys and girls receive equal treatment regarding nutrition
and health care and that there is little difference in child
mortality rates between the sexes.
Persons
with Disabilities
There
is no evidence of official discrimination toward persons with
disabilities, but the Government has not passed legislation
mandating accessibility for persons with disabilities. Societal
discrimination against persons with disabilities remains a
problem.
National/Racial/Ethnic
Minorities
Ethnic
Nepalese have lived in the southern part of the country for
centuries, and the early phases of economic development at
the turn of the century brought a large influx of additional
ethnic Nepalese. Early efforts at national integration focused
on assimilation, including financial incentives for intermarriage,
education for some students in regions other than their own,
and an increase in development funds for the south. However,
in the late 1980's, concern over the increase in the population
of and political agitation among ethnic Nepalese prompted
aggressive government efforts to assert a national culture,
to tighten control over southern regions, to control illegal
immigration, to expel ethnic Nepalese, and to promote national
integration.
Beginning
in 1989, more discriminatory measures were introduced, aimed
at shaping a new national identity known as Drukpa. Drukpa
is based on the customs of the non-ethnic Nepalese Ngalong
ethnic group predominant in the western part of the country.
Measures included a requirement that national dress be worn
for official occasions and as a school uniform, the teaching
of Dzongkha as a second language in all schools, and an end
to instruction in Nepali as a second language
During
the mid- and late 1980's, citizenship became a highly contentious
matter. Requirements for citizenship first were formalized
in the Citizenship Law of 1958, which granted citizenship
to all adults who owned land and had lived in the country
for at least 10 years. However, in 1985 a new citizenship
law significantly tightened requirements for citizenship and
resulted in the denaturalization of many ethnic Nepalese.
The 1985 law required that both parents be citizens in order
to confer citizenship on a child, and that persons seeking
to prove citizenship through their own or their parents' residency
in 1958 be able to prove residency in the country at that
time. In many cases, persons were unable to produce the documentation
necessary, such as land tax receipts from 1958, to show residency.
The law permits residents who lost citizenship under the 1985
law to apply for naturalization if they can prove residence
during the 15 years prior to that time. The Government declared
all residents who could not meet the new citizenship requirements
to be illegal immigrants. Beginning in 1988, the Government
expelled large numbers of ethnic Nepalese through enforcement
of the new citizenship laws.
The
1985 Citizenship Act also provides for the revocation of the
citizenship of any naturalized citizen who "has shown
by act or speech to be disloyal in any manner whatsoever to
the King, country, and people of Bhutan." The Home Ministry
later declared in a circular that any nationals leaving the
country to assist "antinationals," and the families
of such persons, would forfeit their citizenship. Human rights
groups allege that these provisions were used widely to revoke
the citizenship of ethnic Nepalese who subsequently were expelled
or otherwise departed from the country. In response to the
perceived repression, ethnic Nepalese protested, sometimes
violently. The protests were led by the Bhutan Peoples' Party
(BPP), which advocated full citizenship rights for ethnic
Nepalese and for democratic reforms. Characterizing the BPP
as a "terrorist" movement backed by Indian sympathizers,
the authorities cracked down on its activities and ordered
the closure of local Nepalese schools, clinics, and development
programs after several were raided or bombed by dissidents.
There were credible reports that many ethnic Nepalese activists
were beaten and tortured while in custody, and that security
forces committed acts of rape. There also were credible reports
that militants, including BPP members, attacked and killed
census officers and other officials, and engaged in bombings.
Local
officials took advantage of the climate of repression to coerce
ethnic Nepalese to sell their land below its fair value and
to emigrate. Beginning in 1991, ethnic Nepalese began to leave
southern areas of the country in large numbers and take refuge
in Nepal. Many ethnic Nepalese also were forced to sign "voluntary
migration forms" wherein they agreed to leave the country,
after local officials threatened to fine or imprison them
for failing to comply. According to UNHCR, there were 98,269
ethnic Nepalese refugees in seven refugee camps in eastern
Nepal as of June 2000. An additional 15,000 refugees, according
to UNHCR estimates, are living outside the camps in Nepal
and India.
Ethnic
Nepalese political groups in exile complain that the revision
of the country's citizenship laws in 1985 denaturalized tens
of thousands of former residents of Bhutan. They also complain
that the new laws have been applied selectively and make unfair
demands for documentation on a largely illiterate group in
a country that only recently has adopted basic administrative
procedures. They claim that many ethnic Nepalese whose families
have been in the country for generations were expelled because
they were unable to document their claims to residence. The
Government denies this and asserts that a three-member village
committee, typically ethnic Nepalese in southern districts,
certifies in writing that a resident is a Bhutanese citizen
in cases where documents cannot be produced.
The
Government maintains that many of those who departed the country
in the early 1990's were Nepalese or Indian citizens who came
to the country after the enactment of the 1958 Citizenship
law but were not detected until a census in 1988. The Government
also claims that many persons registered in the camps as refugees
never may have resided in the country. Finally the Government
contends that some ethnic Nepalese left the country voluntarily,
thus renouncing their Bhutanese citizenship. Human rights
organizations credibly dispute this claim. A royal decree
in 1991 made forcible expulsion of a citizen a criminal offense.
Nevertheless only three officials ever were punished for abusing
their authority during this period (see Section 1.c.). According
to the UNHCR, the overwhelming majority of refugees who entered
the camps since screening began in June 1993 have documentary
proof of Bhutanese nationality. Random checks and surveys
of camp residents--including both pre-and post-June 1993 arrivals--bear
this out.
Since
1994 there has been a series of negotiations between Nepal
and Bhutan to resolve the Bhutanese refugee problem. In late
December 2000, the two countries agreed upon a system to verify
the nationality of Bhutanese refugees in Nepal in preparation
for their return to the country. Refugee verifications began
in March. By December all the residents of the first camp
had been interviewed, and the Bhutanese verification team
went back to Thimpu pending the start of verification at the
next camp. Refugee groups are concerned that at the present
rate, verification will take several years. Bilateral negotiations
on repatriation issues in November failed to arrive at an
agreement, and the matter was deferred to a proposed future
session of ministerial-level talks.
In
1996, 1998, and 1999, refugees held a series of "peace
marches" from Nepal to Bhutan to assert their right to
return to Bhutan. The marchers charged that the Bhutanese
police assaulted them during each march, injuring several
demonstrators, and then arrested and deported all of the marchers.
A resolution adopted by the National Assembly in 1997 prohibits
the still-resident family members of ethnic Nepalese refugees
from holding jobs with the Government or in the armed forces.
Under the resolution, those holding such jobs were to be retired
involuntarily. The Government made clear that for the purposes
of this resolution, a family member would be defined as a
parent, a child, a sibling, or a member of the same household.
The Government states that 429 civil servants, many of them
ethnic Nepalese, were retired compulsorily in accordance with
the resolution, and that the program was abrogated in November
1997. The Government states that those forced to retire were
accorded retirement benefits in proportion to their years
of government service.
The
Government also began a program in 1998 of resettling Buddhist
Bhutanese from other regions of the country on land in the
southern part of the country vacated by the ethnic Nepalese
living in refugee camps in Nepal. Human rights groups maintain
that this action prejudices any eventual outcome of negotiations
over the return of the refugees to the country. The Government
maintains that this is not its first resettlement program
and that Bhutanese citizens who are ethnic Nepalese from the
south sometimes are resettled on more fertile land in other
parts of the country. The failure of the Government to permit
the return of ethnic Nepalese refugees has tended to reinforce
societal prejudices against this group, as has the Government's
policy on the forced retirement of refugee family members
in government service and the resettlement of Buddhists on
land vacated by expelled ethnic Nepalese in the south.
Section
6 Worker Rights
a.
The Right of Association
Trade
unions are not permitted, and there are no labor unions. Workers
do not have the right to strike, and the Government is not
a member of the International Labor Organization. The Government
maintains that, with very little industrialization, there
is little labor to be organized.
b.
The Right to Organize and Bargain Collectively
There
is no collective bargaining in industry. Industry accounts
for approximately 25 percent of the GDP, but employs only
a minute fraction of the total work force. The Government
affects wages in the manufacturing sector through its control
over wages in state-owned industries. There are no export
processing zones.
c.
Prohibition of Forced or Compulsory Labor
The
Government prohibits forced or compulsory labor, and there
were no reports that such practices occurred. There is no
evidence to suggest that domestic workers are subjected to
coerced or bonded labor. The law does not specifically prohibit
forced and bonded labor by children, but there were no reports
that such practices occur.
d.
Status of Child Labor Practices and Minimum Age for Employment
The
law sets the minimum age for employment at 18 years for citizens
and 20 years for noncitizens. A UNICEF study suggested that
children as young as 11 years sometimes are employed with
roadbuilding teams, which usually are made up of non-Bhutanese
guest workers. Children often do agricultural work and chores
on family farms. The law specifically does not prohibit forced
and bonded labor by children, but such practices are not known
to occur (see Section 6.c.). The country has not ratified
ILO Convention 182 on the Worst Forms of Child Labor; however,
as a state party to the U.N. Convention on the Rights of the
Child, the Government supports the provisions contained therein.
The country lacks a large pool of ready labor; for major projects,
such as road works, the Government brings in hired laborers
from India.
e.
Acceptable Conditions of Work
A
circular that went into effect in 1994 established wage rates,
rules and regulations for labor recruiting agencies, and the
regulations for payment of workmen's compensation. Wage rates
are revised periodically, and range upward from a minimum
of roughly $2.50 (100 ngultrums) per day plus various allowances
paid in cash or kind. This minimum wage provides a decent
standard of living for a worker and family. The workday is
defined as 8 hours with a 1-hour lunch break. Work in excess
of this must be paid at one and one-half times normal rates.
Workers paid on a monthly basis are entitled to 1 day's paid
leave for 6 days of work and 15 days of leave annually. The
largest salaried work force is the government service, which
has an administered wage structure last revised in 1988 but
supplemented by special allowances and increases. The last
such increase was in 1999. According to the latest Census
of Manufacturing Industries, only 38 industrial establishments
employ more than 50 workers. Smaller industrial units include
39 plants of medium size, 345 small units, 832 cottage industry
units, and 2,154 "mini" units. The Government favors
family-owned farms. Land laws prohibit a farmer from selling
his or her last 5 acres and require the sale of holdings in
excess of 25 acres. This, along with the country's rugged
geography, results in a predominantly self-employed agricultural
workforce. Workers are entitled to free medical care within
the country. Cases that cannot be dealt with in the country
are flown to other countries (usually India) for treatment.
Workers are eligible for compensation for partial or total
disability, and in the event of death their families are entitled
to compensation. Existing labor regulations do not grant workers
the right to remove themselves from work situations that endanger
health and safety without jeopardizing their continued employment.
f.
Trafficking in Persons
The
law does not specifically prohibit trafficking in persons;
however, there were no reports that persons were trafficked
to, from, or within the country.
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http://www.state.gov/g/drl/rls/hrrpt/2001/sa/8228.htm
Country
Reports on Human Rights Practices -2000 Released by the US
State Department, Bureau of Democracy, Human Rights, and Labor
February 2001 ( February 27, 2001)
Bhutan
is ruled by a hereditary monarch, King Jigme Singye Wangchuk,
who governs with the support of a National Assembly and a
Council of Ministers; there is no written constitution to
protect fundamental political and human rights. Since ascending
to the throne in 1972, the King has continued efforts toward
social and political modernization begun by his father. In
the last few years, Bhutan has improved rapidly services in
education, health care, sanitation, and communications, with
parallel but slower developments of the role of representatives
in governance and decision making. In recent years, Bhutan
has adopted some measures to transfer power from the King
to the National Assembly. The judiciary is not independent
of the King.
Approximately two-thirds of the government-declared population
of 600,000 persons is composed of Buddhists with cultural
traditions akin to those of Tibet. The Buddhist majority consists
of two principal ethnic and linguistic groups: the Ngalongs
of the western part of the country and the Sharchops of the
eastern part of the country. The remaining third of the population,
ethnic Nepalis, most of whom are Hindus, live in the country's
southern districts. Bhutanese dissident groups claim that
the actual population is between 650,000 and 700,000 persons
and that the Government underreports the number of ethnic
Nepalese in the country. The rapid growth of this ethnic Nepalese
segment of the population led some in the Buddhist majority
to fear for the survival of their culture. Government efforts
to institute policies designed to preserve the cultural dominance
of the Ngalong ethnic group, to change citizenship requirements,
and to control illegal immigration resulted in political protests
and led to ethnic conflict and repression of ethnic Nepalese
in southern districts during the late 1980's and early 1990's.
Tens
of thousands of ethnic Nepalese left the country in 1991-92,
many of whom were expelled forcibly. According to U.N. High
Commission for Refugees (UNHCR), there were 98,269 ethnic
Nepalese in 7 refugee camps in eastern Nepal as of late June;
upwards of 15,000 reside outside of the camps in the Indian
states of Assam and West Bengal. The Government maintains
that some of those in the camps never were citizens, and therefore
have no right to return. In 1998 the Government began resettling
Buddhist Bhutanese from other regions of the country on land
in southern districts vacated by the ethnic Nepalese now living
in refugee camps in Nepal, which some claim will complicate
any future return of the ethnic Nepalese. A National Assembly
resolution adopted in 1997 prohibits still-resident immediate
family members of ethnic Nepalese refugees from holding jobs
with the Government or the armed forces. In early 1998 the
Government implemented the resolution, and already had dismissed
429 civil servants by November 1998, when implementation of
the resolution was discontinued.
The
Royal Bhutan Police (RBP), assisted by the Royal Bhutan Army,
including those assigned to the Royal Body Guard, and a national
militia, maintain internal security. Some members of these
forces committed human rights abuses against ethnic Nepalese.
The economy is based on agriculture and forestry, which provide
the main livelihood for 90 percent of the population and account
for about half of the gross domestic product (GDP). Agriculture
largely consists of subsistence farming and animal husbandry.
Cardamon, citrus fruit, and spices are the leading agricultural
exports. Cement and electricity are the other important exports.
Strong trade and monetary ties link the economy closely to
that of India. Hydroelectric power production potential and
tourism are key resources, although the Government limits
foreign tourist arrivals because of inadequate tourist infrastructure
and environmental concerns. Tourist arrivals also are limited
by means of pricing policies. Bhutan is a poor country. The
gross national product per capita is estimated to be $470.
The
Government's human rights record remained poor, and problems
remain in several areas. The King exercises strong, active,
and direct power over the Government. Citizens do not have
the right to change their government. The Government discourages
political parties, and none operate legally. There were reports
that security forces beat ethnic Nepalese refugees who entered
the country to demonstrate. Arbitrary arrest and detention
remain problems, and reports of torture and abuse of persons
in detention continue. Impunity for those who commit abuses
also is a problem. Judges serve at the King's pleasure, and
the Government limits significantly the right to a fair trial.
Criminal
cases and a variety of civil matters are adjudicated under
a legal code established in the 17 century and revised and
modernized in 1958 and 1965. In late 1998 the Government formed
a special committee of jurists and government officials to
review the country's basic law and propose changes. In April
the Government established a Department of Legal Affairs,
which is projected to be functioning fully by mid-2001; it
is a result of the review of the Basic Law. Programs to build
a body of written law and to train lawyers are progressing.
For example, the Government sends many lawyers to India and
other countries for legal training.
The
Government limits significantly citizens' right to privacy.
The Government restricts freedom of speech, the press, assembly,
and association. The Government launched the country's first
indigenous television service in June 1999, modifying a ban
on private television reception that had been in place since
1989. Citizens face significant limitations on freedom of
religion. In July 1998, the Government initiated steps to
renew negotiations with the Government of Nepal on procedures
for the screening and repatriation of ethnic Nepalese in the
refugee camps, and the two governments held a series of meetings
during the second half of that year. After a 3-year hiatus,
ministerial-level bilateral talks resumed in September 1999.
The Government restricts worker rights. The Government claims
that it has prosecuted government personnel for unspecified
abuses committed in the early 1990's; however, public indications
are that it has done little to investigate and prosecute security
force officials responsible for torture, rape, and other abuses
committed against ethnic Nepalese residents.
RESPECT
FOR HUMAN RIGHTS
Section
1 Respect for the Integrity of the Person, Including Freedom
From:
a. Political and Other Extrajudicial Killing
There
were no confirmed reports of political or other extrajudicial
killings during the year. Human rights groups allege that
in 1998 a government official shot and killed Gomchen Karma,
a Buddhist monk arrested in October 1997 during a peaceful
demonstration in the eastern part of the country. The Government
stated that the shooting was accidental, that the official
responsible has been suspended from duty and charged in connection
with the incident, and that his case was being heard as of
September.
b.
Disappearance
There
were no reports of politically motivated disappearances.
c.
Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment
The
law prohibits torture and abuse; however, human rights advocates
state that in practice security forces ignore these provisions.
No one was prosecuted in connection with violating prohibitions
against torture during the year. There were reports that security
forces captured numerous ethnic Nepalese refugees attempting
to return to the country, beat them, and sent them back across
the border. Persons holding peaceful marches from India to
Bhutan report that in 1998 and 1999, the police assaulted
them, injuring several demonstrators, and then arrested and
deported all of the marchers to Nepal (see Section 5). In
the past, there have been reports that ethnic Nepalese refugees
who attempted to return to the country were tortured. Refugee
newspapers published in Nepal allege that Nima Gyaltsen, a
prisoner detained since 1997 without charge or trial in Zilnon
Namgyeling jail in Thimphu, died in 1999 after being subjected
to torture during his incarceration.
Refugee
groups credibly claim that persons detained as suspected dissidents
in the early 1990's were tortured by security forces, who
also committed acts of rape. During those years, the Government's
ethnic policies and the crackdown on ethnic Nepalese political
agitation created a climate of impunity in which the Government
tacitly condoned the physical abuse of ethnic Nepalese. The
Government denies that these abuses occurred but also claims
that it has investigated and prosecuted three government officials
for unspecified abuses of authority during that period. Details
of these cases have not been made public, and there is little
indication that the Government has investigated adequately
or punished any security force officials involved in the widespread
abuses of 1989-92.
Prison
conditions reportedly are adequate, if austere. In 1993 the
International Committee of the Red Cross (ICRC) began a program
of visits to prisons in the capital, Thimphu. In 1994 a new
prison in Chemgang was opened. Together, these events contributed
to a substantial improvement in conditions of detention over
those that existed previously. However, Bhutanese human rights
groups active outside the country maintain that prison conditions
outside of Thimphu remain oppressive. The Government and the
ICRC signed a new Memorandum of Understanding in September
1998, extending the ICRC prison visits program for another
5 years. The ICRC conducted two prison visits during the year,
as it has done for each of the past 6 years, and received
unhindered access to prisons during the year.
d. Arbitrary Arrest, Detention, or Exile:
Arbitrary
arrest and detention remain problems. Under the Police Act
of 1979, police may not arrest a person without a warrant
and must produce an arrested person before a court within
24 hours of arrest, exclusive of travel time from place of
arrest. However, legal protections are incomplete, due to
the lack of a fully elaborated criminal procedure code and
to deficiencies in police training and practice. Incommunicado
detention is known to occur. Incommunicado detention of suspected
militants was a serious problem in 1991 and 1992, but the
initiation of ICRC prison visits and the establishment of
an ICRC mail service between detainees and family members
has helped to allay this problem. Of those detained in connection
with political dissidence and violence in southern areas in
1991-92, 1,685 persons were ultimately amnestied, 58 are serving
sentences after conviction by the High Court, 9 were acquitted
by the High Court, and 71 were released after serving prison
sentences.
Human
rights groups allege that in July and August 1997, the Royal
Bhutan Police in and around Samdrup Jongkar town in the east
arrested some 50 suspected supporters of a Bhutanese dissident
group active outside the country. The Government states that
only 16 persons were arrested during this period and that
they have been charged with involvement in seditious activities
and are awaiting trial. Many were said to be supporters of
one-time Druk National Congress (DNC) and United Front for
Democracy in Bhutan (UFD) leader Rongthong Kunley Dorji, who
was arrested in India in April 1997, following the issuance
of an extradition request by Bhutanese authorities. Dorji
faces extradition proceedings in India and possible return
to Bhutan to face charges of fraud, nonpayment of loans, and
incitement to violence.
The
original Bhutanese extradition request included a third charge,
"antinational activities," but this later was dropped
when it became clear that Indian law would preclude his extradition
to face political charges. Human rights groups contend that
the charges brought against Dorji are politically motivated
and constitute an attempt by the Government to suppress his
prodemocracy activities. In June 1998, an Indian court granted
Dorji bail, but placed restrictions on his movements. Dorji's
extradition case still is pending in the Indian courts. According
to an Amnesty International report released in 1999, 30 persons
were detained in 1998, most of them on suspicion of being
members or supporters of the DNC.
Amnesty
International has reported that some of those arrested are
feared to be at risk of torture (see Section 1.c.). Bhutanese
human rights groups outside the country claim that the arrests,
including those of several Buddhist monks, are aimed at imposing
Ngalong norms on the eastern, Sharchop community, which has
a distinct ethnic and religious identity. The Government denies
that it has such a policy; many government officials, including
both the former Head of Government, Foreign Minister Jigme
Thinley, and the Chief Justice of the High Court Sonam Tobgye,
are Sharchops.
Persons
holding peaceful marches from India to Bhutan charge that
in 1999, the police assaulted them, injuring several demonstrators,
and then arrested and deported all of the marchers to Nepal
(see Section 5). By one estimate, approximately 100 marchers
were arrested and deported in 1999. The Government acknowledged
that 58 persons whom it described as terrorists were serving
sentences at the end of 1998 for crimes including rape, murder,
and robbery. It stated that a total of 134 persons were arrested
in connection with the October 1997 disturbances in the east;
of that number, more than one-half either had been tried and
acquitted or had been released after serving short sentences.
Some
or all of the approximately 75 prisoners serving sentences
for offenses related to political dissidence or violence,
primarily by ethnic Nepalese during 1991-92, may be political
prisoners (see Section 1.e.). Although the Government does
not use formally exile as a form of punishment, many accused
political dissidents freed under Government amnesties say
that they were released on the condition that they depart
the country. Many of them subsequently registered at refugee
camps in Nepal. The Government denies this.
e.
Denial of Fair Public Trial
There
is no written constitution, and the judiciary is not independent
of the King. The judicial system consists of district courts
and a High Court in Thimphu. Judges are appointed by the King
on the recommendation of the Chief Justice and may be removed
by the King. Village headmen adjudicate minor offenses and
administrative matters.
The
Department of Legal Affairs, which was established in April,
is projected to be fully functional by mid-2001. At a future
date, the Government expects to create a Ministry of Law and
Justice and an Attorney General's office within the Department
of Legal Affairs. At present, the Department is composed of
a Legal Services Division (which eventually is to become the
Ministry of Law and Justice) with domestic, international,
and human rights sections; and a Prosecution Division (which
eventually is to become the Attorney General's office), with
a criminal section and a civil section.
Criminal
cases and a variety of civil matters are adjudicated under
a legal code established in the 17 century and revised in
1958 and 1965. For offenses against the State, state-appointed
prosecutors file charges and prosecute cases. In other cases,
the relevant organizations and departments of government file
charges and conduct the prosecution. Defendants are supposed
to be presented with written charges in languages that they
understand and given time to prepare their own defense. However,
this practice is not always followed, according to some political
dissidents. In cases where defendants cannot write their own
defense, courts assign judicial officers to assist defendants.
There were reports that defendants receive legal representation
at trial, and that they may choose from a list of 150 government-licensed
and employed advocates to assist with their defense; however,
it is not known how many defendants actually receive such
assistance. A legal education program gradually is building
a body of persons who have received formal training in the
law abroad. Village headmen, who have the power to arbitrate
disputes, make up the bottom rung of the judicial system.
Magistrates, each with responsibility for a block of villages,
can review their decisions. Magistrates' decisions can be
appealed to district judges, of which there is 1 for each
of the country's 20 districts. The High Court in Thimphu is
the country's supreme court. Its decisions can be appealed
to the King. Defendants have the right to appeal to the High
Court and may make a final appeal to the King, who traditionally
delegates the decision to the Royal Advisory Council. Trials
are to be conducted in open hearings; however, there are allegations
that this is not always the case in practice. Questions of
family law, such as marriage, divorce, and adoption, traditionally
are resolved according to a citizen's religion: Buddhist tradition
for the majority of the population and Hindu tradition for
the ethnic Nepalese; however, the Government states that there
is one formal law that governs these matters. Some or all
of the approximately 75 prisoners serving sentences for offenses
related to political dissidence or violence, primarily by
ethnic Nepalese during 1991-92, may be political prisoners
(see Section 1.d.). On December 17, 1999, the King pardoned
200 prisoners to mark National Day; all reportedly were released.
Among them were 40 persons convicted of "antinational"
offenses, including prominent ethnic Nepalese dissident and
internationally recognized political prisoner Tek Nath Rizal.
Tek Nath Rizal was arrested in 1988 in Nepal and extradited
to Bhutan, where he was held in solitary confinement in Wangdiphodrang
military prison until his 1992 conviction for antinational
crimes, including writing and distributing political pamphlets
and attending political meetings. He was convicted under the
1993 National Security Act, although at the time of his conviction
the act had not yet been passed. However, a U.N. Human Rights
Commission Working Group on Arbitrary Detention that visited
the country in 1994 at the Government's invitation determined
that Rizal had received a fair trial and declared his detention
"not to be arbitrary." During the latter part of
the year, Rizal was granted permission to leave Bhutan to
receive medical treatment in Calcutta, India. He had not left
Bhutan by year's end.
f.
Arbitrary Interference with Privacy, Family, Home, or Correspondence
There
are no laws providing for these rights. The Government requires
all citizens, including minorities, to wear the traditional
dress of the Buddhist majority when visiting Buddhist religious
buildings, monasteries, or government offices, and in schools
and when attending official functions and public ceremonies.
According to human rights groups, police regularly conduct
house-to-house searches for suspected dissidents without explanation
or legal justification.
Section
2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The
Government restricts freedom of speech and of the press.
The country's only regular publication is Kuensel, a government-run
weekly newspaper with a circulation of 10,000. Human rights
groups state that government ministries regularly review editorial
material and have the power to suppress or change content,
which they regularly do. They allege that the board of directors
nominally responsible for editorial policy is appointed by
and can be removed by the Government. Kuensel, which publishes
simultaneous editions in the English, Dzongkha, and Nepali
languages, supports the Government but does occasionally report
criticism of the King and Government policies in the National
Assembly. Nepalese, Indian, and other foreign newspapers are
available, but they sometimes can be withheld from circulation
if they carry news that the Government deems critical of the
country.
In
1989 the Government banned all private television reception
and ordered that television antennas and satellite dishes
be dismantled. Many homes in Paro and Thimphu nonetheless
have satellite dishes and receive signals from international
broadcasters. In June 1999, the Government introduced locally
produced television service with the inauguration of the Bhutan
Broadcasting Service. The service broadcasts 4 hours of programming
daily: 2 hours of locally produced programming in Dzongkha,
and 2 hours of English-language programming produced outside
of the country (such as from the British Broadcasting Corporation
(BBC) and the Cable News Network (CNN)). In late 1999 the
Government began licensing cable operators to provide service
in Thimphu and Paro, and cable television is available. The
Government radio station broadcasts each day in the four major
languages (Dzongkha, Nepali, English, and Sharchop). The Government
inaugurated the country's first Internet service provider,
Druknet, in June 1999.
English
is the medium of instruction in schools and the national language,
Dzongkha, is taught as a second language. The teaching of
Nepali as a second language was discontinued in 1990.
b. Freedom of Peaceful Assembly and Association
The Government restricts freedom of assembly and association.
Citizens may engage in peaceful assembly and association only
for purposes approved by the Government. Although the Government
allows civic and business organizations, there are no legally
recognized political parties. The Government regards parties
organized by ethnic Nepalese exiles--the Bhutan People's Party
(BPP) and the Bhutan National Democratic Party (BNDP)--as
well as the Druk National Congress--as "terrorist and
antinational" organizations and has declared them illegal.
These parties do not conduct activities inside the country.
They seek the repatriation of refugees and democratic reform.
c. Freedom of Religion
The Government limits freedom of religion. The Drukpa branch
of the Kagyupa School of Mahayana Buddhism is the state religion.
About two-thirds of the population practice either Drukpa
Kagyupa or Ningmapa Buddhism. The Drukpa branch is practiced
predominantly in the western and central parts of the country,
which are inhabited mainly by ethnic Ngalongs (descendants
of Tibetan immigrants who predominate in government and the
civil service, and whose cultural norms have been declared
to be the standard for all citizens). The Ningmapa school
is practiced predominantly in the eastern part of the country,
although there are adherents in other areas, including the
royal family.
Most of those living in the east are ethnic Sharchops--the
descendants of those thought to be the country's original
inhabitants. The Government subsidizes monasteries and shrines
of the Drukpa sect and provides aid to about one-third of
the Kingdom's 12,000 monks. The Government also provides financial
assistance for the construction of Drukpa Kagyupa and Ningmapa
Buddhist temples and shrines. In the early 1990's, the Government
provided funds for the construction of new Hindu temples and
centers of Sanskrit and Hindu learning and for the renovation
of existing temples and places of Hindu learning. The Drukpa
branch enjoys statutory representation in the National Assembly
(Drukpa monks occupy 10 seats in the 150 member National Assembly)
and in the Royal Advisory Council (Drukpa monks hold 2 of
the 11 seats on the Council), and the Drukpa branch is an
influential voice on public policy. Citizens of other faiths,
mostly Hindus, enjoy freedom of worship but may not proselytize.
Under the law, conversions are illegal.
The
King has declared major Hindu festivals to be national holidays,
and the royal family participates in them. Foreign missionaries
are not permitted to proselytize, but international Christian
relief organizations and Jesuit priests are active in education
and humanitarian activities. According to dissidents living
outside of the country, the Government restricts the import
into the country of printed religious matter; only Buddhist
religious texts are allowed to enter. These dissidents also
state that Buddhist religious teaching, of both the Drukpa
Kagyupa and Ningmapa sects, is permitted in schools; the teaching
of other religious faiths is not. The passports of members
of minority religions cite the holder's religion, and applicants
for government services sometimes are asked their religion
before services are rendered.
d. Freedom of Movement Within the Country, Foreign Travel,
Emigration, and Repatriation
Citizens traveling in border regions are required to show
their citizenship identity cards at immigration check points,
which in some cases are located at a considerable distance
from what is in effect an open border with India. By treaty,
citizens may reside and work in India. Bhutan is not a signatory
to the 1951 U.N. Convention Relating to the Status of Refugees
or its 1967 Protocol (See Section 5 regarding the ethnic Nepalese
refugee situation). The Government states that it recognizes
the right to asylum in accordance with international refugee
law; however, it has no official policy regarding refugees,
asylum, first asylum, or the return of refugees to countries
in which they fear persecution. According to one credible
human rights source, until recent years the Government systematically
used to arrest and imprison Tibetan refugees crossing the
country's border from Tibet. This policy was followed in deference
to China's wishes. So invariable was this policy that Tibetan
leaders advise refugees not to use routes of escape through
Bhutan. Tibetan refugees have not done so for several years.
This virtually is the only refugee population seeking first
asylum in Bhutan, thus, the issue of first asylum did not
arise during the year.
Section
3 Respect for Political Rights: The Right of Citizens to Change
Their Government
Citizens do not have the right to change their government.
Bhutan is a monarchy with sovereign power vested in the King.
In June 1998, the King introduced term limits for his Council
of Ministers and proposed measures to increase the role of
the National Assembly in the formation of his Government.
The National Assembly elected a new Council of Ministers and
Government in July 1998 to a 5-year term. There are elected
or partially elected assemblies at the local, district, and
national levels, and the Government claims to encourage decentralization
and citizen participation. These elections are conducted in
much the same way as National Assembly elections. Since 1969
the National Assembly has had the power to remove ministers
who the King appoints, but it never has done so. Political
authority ultimately resides in the King and decisionmaking
involves only a small number of officials. Officials subject
to questioning by the National Assembly routinely make major
decisions, but the National Assembly is not known to have
overturned any decisions reached by the King and government
officials. Political parties do not exist legally, and the
Government discourages their formation as unnecessarily divisive.
The Government prohibits parties established abroad by ethnic
Nepalese (see Section 2.b.).
The
National Assembly, established in 1953, has 150 members. Of
these, 105 are elected indirectly by heads of household, 10
are selected by a part of the Buddhist clergy, and the remaining
35 are appointed by the King to represent the Government.
The National Assembly, which meets irregularly, has little
independent authority. However, there are efforts underway
to have the National Assembly meet on a more regular basis,
and in recent years the King and the Council of Ministers
have been more responsive to the National Assembly's concerns.
The procedures for the nomination and election of National
Assembly members are set out in an amendment to the country's
Basic Law proposed by the King and adopted by the 73 session
of the National Assembly in 1995. It provides that in order
to be eligible for nomination as a candidate for election
to the National Assembly, a person must be a citizen of Bhutan,
be at least 25 years of age, not be married to a foreign national,
not have been terminated or compulsorily retired for misconduct
from government service, not have committed any act of treason
against the King, the populace, and country, have no criminal
record or any criminal case pending against him, have respect
for the nation's laws, and be able to read and write in Dzongkha
(the language, having different dialects in the eastern and
western areas of the country, spoken by Bhutanese Buddhists).
Each
National Assembly constituency consists of a number of villages.
Each village is permitted to nominate one candidate but must
do so by consensus. There is no provision for self-nomination
and the law states that no person...may campaign for the candidacy
or canvass through other means. If more than one village within
a constituency puts forward a candidate, an election is conducted
by the district development committee, and the candidate obtaining
a simple majority of votes cast is declared the winner. Individuals
do not have the right to vote; every family in a village is
entitled to one vote in elections. The law does not make clear
how a candidate is selected if none achieves a simple majority.
However, it does state that in case of a tie among the candidates
in the election, a selection shall be made through the drawing
of lots. The candidate whose name is drawn shall be deemed
to be elected.
Human
rights activists claim that the only time individual citizens
have any involvement in choosing a National Assembly representative
is when they are asked for consensus approval of a village
candidate by the village headman. The name put to villagers
for consensus approval by the headman is suggested to him
by district officials, who in turn take their direction from
the central Government. Consensus approval takes place at
a public gathering. Human rights activists state that there
is no secret ballot.
The Assembly enacts laws, approves senior government appointments,
and advises the King on matters of national importance. Voting
is by secret ballot, with a simple majority needed to pass
a measure. The King may not formally veto legislation, but
may return bills for further consideration. The Assembly occasionally
rejects the King's recommendations or delays implementing
them, but in general, the King has enough influence to persuade
the Assembly to approve legislation that he considers essential
or to withdraw proposals he opposes. The Assembly may question
government officials and force them to resign by a two-thirds
vote of no confidence; however, the National Assembly never
has compelled any government official to resign. The Royal
Civil Service Commission is responsible for disciplining subministerial
level government officials and has removed several following
their convictions for crimes including embezzlement.
In June 1998, the King issued a decree setting out several
measures intended to increase the role of the National Assembly
in the formation and dissolution of his Government. The decree,
later adopted by the 76 session of the National Assembly,
provided that all cabinet ministers are to be elected by the
National Assembly and that the roles and responsibilities
of the cabinet ministries were to be spelled out. Each cabinet
minister is to be elected by simple majority in a secret ballot
in the National Assembly from among candidates nominated by
the King. The King is to select nominees for cabinet office
from among senior government officials holding the rank of
secretary or above. The King is to determine the portfolios
of his ministers, whose terms will be limited to 5 years,
after which they must pass a vote of confidence in the National
Assembly in order to remain in office. Finally, the decree
provided that the National Assembly, by a two-thirds vote
of no confidence, can require the King to abdicate and to
be replaced by the next in the line of succession. After adopting
the decree, the National Assembly elected a new cabinet of
ministers consistent with the decree. Human rights groups
maintain that since only the King may nominate candidates
for cabinet office, their election by the National Assembly
is not a significant democratic reform. The King also removed
himself as Chairman of the Cabinet of Ministers in 1998; Foreign
Minister Jigme Thinley was elected to that position by the
National Assembly for 1 year, and was replaced by Minister
for Health and Education Sangay Ngedup in July 1999.
Women are underrepresented in government and politics, although
they have made small but visible gains. Three women hold seats
in the National Assembly.
All major ethnic groups, including ethnic Nepalese, are represented
in the National Assembly. There are 16 "southern Bhutanese"
(also known as Lhotshampas) in the National Assembly.
Section
4 Governmental Attitude Regarding International and Nongovernmental
Investigation of Alleged Violations of Human Rights
There
are no legal human rights nongovernmental organizations (NGO's)
in the country. The Government regards human rights groups
established by ethnic Nepalese exiles--the Human Rights Organization
of Bhutan, the People's Forum for Human Rights in Bhutan,
and the Association of Human Rights Activists--Bhutan--as
political organizations and does not permit them to operate
in the country. Amnesty International visited Bhutan in 1992
to investigate and to report on the alleged abuse of ethnic
Nepalese. In late November 1998, Amnesty International again
sent a delegation to the country and later released a report.
ICRC representatives continue twice yearly prison visits,
and the Government has allowed them unhindered access to detention
facilities, including those in southern districts inhabited
by ethnic Nepalese. The chairman and members of the U.N. Human
Rights Commission Working Group on Arbitrary Detention made
a second visit to the country in May 1996 as a follow-up to
an October 1994 visit. In addition to meetings with government
officials, members of the working group visited prisons and
interviewed prisoners in Thimphu, Phuntsoling, and Samtse.
Section
5 Discrimination Based on Race, Sex, Religion, Disability,
Language, or Social Status
Ongoing
government efforts to cultivate a national identity rooted
in the language, religion, and culture of the Ngalong ethnic
group restrict cultural expression by other ethnic groups.
In the late 1980's and early 1990's, the Government instituted
polices designed to preserve the cultural dominance of the
Ngalong ethnic group. It also committed many abuses against
the ethnic Nepalese, which led to the departure of tens of
thousands of ethnic Nepalese from the country; many ethnic
Nepalese were expelled forcibly, and almost 100,000 of them
remain in refugee camps in Nepal. At the time, the Government
claimed that it was concerned about the rapid population growth
of and political agitation by the ethnic Nepalese. The Government
claims that ethnic and gender discrimination in employment
is not a problem. It claims that ethnic Nepalese fill 22 percent
of government jobs, which is slightly less than their proportion
of the total population. Bhutanese human rights groups active
outside the country claim that ethnic Nepalese actually make
up about 35 percent of the country's population and that the
Government underreports their number. Women are accorded respect
in the traditions of most ethnic groups; however, persistence
of traditional gender roles apparently accounts for the low
proportion of women in government employment. Exile groups
claim that ethnic and gender discrimination is a problem.
Women
There
is no evidence that rape or spousal abuse are extensive problems.
However, there are credible reports by refugees and human
rights groups that security forces raped large numbers of
ethnic Nepalese women in the southern area of the country
in 1991 and 1992. According to Amnesty International, some
women reportedly have died as a result. In one independent
survey of 1,779 refugee families, 26 percent of the respondents
cited rape, fear of rape, or threat of rape as a prime reason
for their departure from the country. The Government has denied
these reports. Rape was made a criminal offense in 1953, but
that law had weak penalties and was enforced poorly. In 1993
the National Assembly adopted a revised rape act with clear
definitions of criminal sexual assault and stronger penalties.
In cases of rape involving minors, sentences range from 5
to 17 years. In extreme cases, a rapist may be imprisoned
for life.
Women constitute 48 percent of the population and participate
freely in the social and economic life of the country. Approximately
43 percent of enrollment in school is female, and 16 percent
of civil service employees are women. Inheritance law provides
for equal inheritance among all sons and daughters, but traditional
inheritance practices, which vary among ethnic groups, may
be observed if the heirs choose to forego legal challenges.
Dowry is not practiced, even among ethnic Nepalese Hindus.
Among some groups, inheritance practices favoring daughters
reportedly account for the large numbers of women among owners
of shops and businesses and for an accompanying tendency of
women to drop out of higher education to go into business.
However, female school enrollment has been growing in response
to government policies. Women increasingly are found among
senior officials and private sector entrepreneurs, especially
in the tourism industry. Women in unskilled jobs generally
are paid slightly less than men. Polygamy is sanctioned provided
the first wife gives her permission. Marriages may be arranged
by the marriage partners themselves as well as by their parents.
Divorce is common. Recent legislation requires that all marriages
must be registered; it also favors women in matters of alimony.
Children
The
Government has demonstrated its commitment to child welfare
by its rapid expansion of primary schools, health-care facilities,
and immunization programs. The mortality rates for both infants
and children under 5 years have dropped significantly since
1989. The Government provides free and compulsory primary
school education, and primary school enrollment has increased
at 9 percent per year since 1991, with enrollment of girls
increasing at an even higher rate. In 1995 the participation
rate for children in primary schools was estimated at 72 percent,
with the rate of completion of 7 years of schooling at 60
percent for girls and at 59 percent for boys. There is no
law barring ethnic Nepalese children from attending school.
However, most of the 75 primary schools in southern areas
heavily populated by ethnic Nepalese that were closed in 1990
remain closed today. The closure of the schools acts as an
effective barrier to the ability of the ethnic Nepalese in
southern areas to obtain a primary education. Children enjoy
a privileged position in society and benefit from international
development programs focused on maternal and child welfare.
Amnesty International reported that at least 23 students,
between 7 and 21 years of age, whose relatives had been arrested
for supporting the prodemocracy movement, were expelled from
school in eastern Bhutan in 1998. Amnesty International also
reported that 19-year-old Needup Phuntso was expelled from
school in March 1998 and was tortured by members of the Royal
Bhutanese police after his arrest in Thimphu in July 1998.
A study by UNICEF found that boys and girls receive equal
treatment regarding nutrition and health care and that there
is little difference in child mortality rates between the
sexes. Government policies aimed at increasing enrollment
of girls have increased the proportion of girls in primary
schools from 39 percent in 1990 to 43 percent in 1995.
There is no societal pattern of abuse against children.
People with
Disabilities
There
is no evidence of official discrimination toward disabled
persons but the Government has not passed legislation mandating
accessibility for the disabled. Societal discrimination against
the disabled is a problem.
National/Racial/Ethnic
Minorities
Ethnic
Nepalese have lived in the southern part of the country for
centuries, and the early phases of economic development at
the turn of the century brought a large influx of additional
ethnic Nepalese. In the late 1980's, concern over the increase
in the population of and political agitation among ethnic
Nepalese prompted aggressive government efforts to assert
a national culture, to tighten control over southern regions,
to control illegal immigration, to expel ethnic Nepalese,
and to promote national integration. Early efforts at national
integration focused on assimilation, including financial incentives
for intermarriage, education for some students in regions
other than their own, and an increase in development funds
in the south. Beginning in 1989, more discriminatory measures
were introduced, aimed at shaping a new national identity,
known as Drukpa. Drukpa is based on the customs of the non-ethnic
Nepalese Ngalong ethnic group predominant in the western part
of the country. Measures included a requirement that national
dress be worn for official occasions and as a school uniform,
the teaching of Dzongkha as a second language in all schools,
and an end to instruction in Nepali as a second language (English
is the language of instruction in all schools). Also, beginning
in 1988, the Government refused to renew the contracts of
tens of thousands of Nepalese guest workers. Many of these
workers had resided in the country for years, in some cases
with their families. During the mid- and late 1980's, citizenship
became a highly contentious issue. Requirements for citizenship
first were formalized in the Citizenship Law of 1958, which
granted citizenship to all adults who owned land and had lived
in the country for at least 10 years. However, in 1985 a new
citizenship law significantly tightened requirements for citizenship
and resulted in the denaturalization of many ethnic Nepalese.
While citizenship previously was conferred upon children whose
father was a citizen under the 1958 law, the 1985 law required
that both parents be citizens in order to confer citizenship
on a child, and that persons seeking to prove citizenship
through their own or their parents' residency in 1958 be able
to prove residency in the country at that time. In many cases,
persons were unable to produce the documentation necessary,
such as land tax receipts from 1958, to show residency nearly
30 years before. The law permits residents who lost citizenship
under the 1985 law to apply for naturalization if they can
prove residence during the 15 years prior to that time. The
Government declared all residents who could not meet the new
citizenship requirements to be illegal immigrants. The 1985
Citizenship Act also provides for the revocation of the citizenship
of any naturalized citizen who "has shown by act or speech
to be disloyal in any manner whatsoever to the King, country,
and people of Bhutan." The Home Ministry, in a circular
notification in 1990, advised that "any Bhutanese nationals
leaving the country to assist and help the antinationals shall
no longer be considered as Bhutanese citizens...such people's
family members living in the same household will also be held
fully responsible and forfeit their citizenship." Human
rights groups allege that these provisions were used widely
to revoke the citizenship of ethnic Nepalese who subsequently
were expelled or otherwise departed from the country. Beginning
in 1988, the Government expelled large numbers of ethnic Nepalese
through enforcement of the new citizenship laws. Outraged
by what they saw as a campaign of repression, ethnic Nepalese
mounted a series of demonstrations, sometimes violent, in
September 1990. The protests were spearheaded by the newly
formed Bhutan People's Party, which demanded full citizenship
rights for ethnic Nepalese, the reintroduction of Nepali as
a medium of education in the south, and democratic reforms.
Characterizing the BPP as a "terrorist" movement
backed by Indian sympathizers, the authorities cracked down
on its activities and ordered the closure of local Nepalese
schools, clinics, and development programs after several were
raided or bombed by dissidents. Many ethnic Nepalese schools
reportedly were turned into Army barracks. There were credible
reports that many ethnic Nepalese activists were beaten and
tortured while in custody, and that security forces committed
acts of rape. There also were credible reports that militants,
including BPP members, attacked and killed census officers
and other officials, and engaged in bombings. Local officials
took advantage of the climate of repression to coerce ethnic
Nepalese to sell their land below its fair value and to emigrate.
Beginning in 1991, ethnic Nepalese began to leave southern
areas of the country in large numbers and take refuge in Nepal.
Many were expelled forcibly. According to Amnesty International,
entire villages sometimes were evicted en masse in retaliation
for an attack on a local government official. Many ethnic
Nepalese were forced to sign "voluntary migration forms"
wherein they agreed to leave the country, after local officials
threatened to fine or imprison them for failing to comply.
By August 1991, according to NGO reports, 2,500 refugees already
were camped illegally in Nepal, with a steady stream still
coming from Bhutan. The UNHCR began providing food and shelter
in September of that year, and by year's end, there were 6,000
refugees in Nepal. The number of registered refugees grew
to approximately 62,000 by August 1992, and to approximately
80,000 by June 1993, when the UNHCR began individual screening
of refugees. The flow slowed considerably thereafter; there
were no new refugee arrivals from Bhutan to the camps during
the year. According to UNHCR, there were 98,269 ethnic Nepalese
refugees in 7 refugee camps in eastern Nepal, as of June 30.
Much of this increase since 1993 is the result of births to
residents of the camps. An additional 15,000 refugees, according
to UNHCR estimates, are living outside the camps in Nepal
and India.
Ethnic Nepalese political groups in exile complain that the
revision of the country's citizenship laws in 1985 denaturalized
tens of thousands of former residents of Bhutan. They also
complain that the new laws have been applied selectively and
make unfair demands for documentation on a largely illiterate
group in a country that only recently has adopted basic administrative
procedures. They claim that many ethnic Nepalese whose families
have been in the country for generations were expelled in
the early 1990's because they were unable to document their
claims to residence. The Government denies this and asserts
that a three-member village committee--typically ethnic Nepalese
in southern districts--certifies in writing that a resident
is a Bhutanese citizen in cases where documents cannot be
produced.
The Government maintains that many of those who departed the
country in 1991-92 were Nepalese or Indian citizens who came
to the country after the enactment of the 1958 Citizenship
law but were not detected until a census in 1988. The Government
also claims that many persons registered in the camps as refugees
may never have resided in the country. A royal decree in 1991
made forcible expulsion of a citizen a criminal offense. In
a January 1992 edict, the King noted reports that officials
had been forcing Bhutanese nationals to leave the country
but stressed that this was a serious and punishable violation
of law. Nevertheless, only three officials ever were punished
for abusing their authority during this period (see Section
1.c.). According to the UNHCR, the overwhelming majority of
refugees who have entered the camps since screening began
in June 1993 have documentary proof of Bhutanese nationality.
Random checks and surveys of camp residents--including both
pre- and post-June 1993 arrivals--bear this out. The Government
contends that some ethnic Nepalese left the country voluntarily,
thus renouncing their Bhutanese citizenship. However, human
rights organizations credibly dispute this claim.
A Nepal-Bhutan ministerial committee met seven times between
1994 and 1996, and a secretarial-level committee met twice
in 1997 in efforts to resolve the Bhutanese refugee problem.
In 1998 Foreign Minister Jigme Thinley took office with a
mandate to resolve the refugee issue, and several meetings
were held with representatives of the Nepalese Government,
the UNHCR, and NGO's. However, the dialog lost momentum in
1998 and was suspended by the Bhutanese Government pending
the formation of a new government in Nepal in 1999. After
a 3-year hiatus, the foreign ministers of Nepal and Bhutan
met in September 1999 in Kathmandu to resume discussions on
the refugee issue. Bilateral and multilateral discussions
have continued, including a ninth round of ministerial level
talks held in May. During the year, U.N. High Commissioner
for Refugees Sadako Ogata visited the country, as did at least
one high-ranking foreign official. In late December, Bhutan
and Nepal agreed upon a system to verify the nationality of
Bhutanese refugees in Nepal in preparation for their for return
to Bhutan. Refugee verifications were scheduled to begin in
January 2001. At year's end, approximately 98,000 Bhutanese
refugees remained in Nepal. The resettlement of persons onto
the land once occupied by refugees continues to represent
an obstacle to a negotiated resolution of the refugee problem.
In March 1996, refugees began a series of "peace marches"
from Nepal to Bhutan to assert their right to return to Bhutan.
Bhutanese police immediately detained and deported the marchers
who crossed into Bhutan in August, November, and December
1996. In the December 1996 incident, police reportedly used
force against the marchers. Such marches also were held in
1998 and 1999; the marchers charge that the police assaulted
them during each march, injuring several demonstrators, and
then arrested and deported all marchers. A resolution adopted
by the National Assembly in July 1997 prohibits the still-resident
family members of ethnic Nepalese refugees from holding jobs
with the Government or in the armed forces. Under the resolution,
those holding such jobs were to be retired involuntarily.
The Government made clear that for the purposes of this resolution,
a family member would be defined as a parent, a child, a sibling,
or a member of the same household. The Government states that
429 civil servants, many of them ethnic Nepalese, were retired
compulsorily in accordance with the July 1997 National Assembly
resolution, and that the program was terminated in November.
The Government states that those forced to retire were accorded
retirement benefits in proportion to their years of government
service. The Government also began a program of resettling
Buddhist Bhutanese from other regions of the country on land
in the southern part of the country vacated by the ethnic
Nepalese now living in refugee camps in Nepal. Human rights
groups maintain that this action prejudices any eventual outcome
of negotiations over the return of the refugees to the country.
The Government maintains that this is not its first resettlement
program and that Bhutanese citizens who are ethnic Nepalese
from the south sometimes are resettled on more fertile land
in other parts of the country. The failure of the Government
to permit the return of ethnic Nepalese refugees has tended
to reinforce societal prejudices against this group, as has
the Government's policy on forced retirement of refugee family
members in government service and the resettlement of Buddhists
on land vacated by expelled ethnic Nepalese in the south.
Section
6 Worker Rights
a. The Right of Association
Trade
unions are not permitted, and there are no labor unions. Workers
do not have the right to strike, and the Government is not
a member of the International Labor Organization.
b. The Right to Organize and Bargain Collectively
There
is no collective bargaining in industry. Industry accounts
for about 25 percent of the GDP, but employs only a minute
fraction of the total work force. The Government affects wages
in the manufacturing sector through its control over wages
in state-owned industries. There are no export processing
zones.
c. Prohibition of Forced or Compulsory Labor
The
Government abolished its system of compulsory labor taxes
in December 1995. Laborers in rural development schemes previously
paid through this system now are paid regular wages. There
is no evidence to suggest that domestic workers are subjected
to coerced or bonded labor. The law does not specifically
prohibit forced and bonded labor by children, but such practices
are not known to occur.
d.
Status of Child Labor Practices and Minimum Age for Employment
The
law sets the minimum age for employment at 18 years for citizens
and 20 years for noncitizens. A UNICEF study suggested that
children as young as 11 years sometimes are employed with
road-building teams. The Government provides free and compulsory
primary school education, and 72 percent of the school-aged
population is enrolled (see Section 5). Children often do
agricultural work and chores on family farms. There is no
law barring ethnic Nepalese children from attending school.
However, most of the 75 primary schools in southern areas
heavily populated by ethnic Nepalese that were closed in 1990
remain closed today. The closure of the schools acts as an
effective barrier to the ability of the ethnic Nepalese in
southern areas to obtain a primary education. In the early
1990's, children who failed their school examinations were
compelled to join the armed forces (despite the fact that
the minimum age of recruitment is age 18). This practice of
conscription has ended. The law does not specifically prohibit
forced and bonded labor by children, but such practices are
not known to occur (see Section 6.c.).
e.
Acceptable Conditions of Work
A
circular effective in February 1994 established wage rates,
rules and regulations for labor recruiting agencies, and regulations
for payment of workmen's compensation. Wage rates are revised
periodically, and range upward from a minimum of roughly $1.50
(50 ngultrums) per day for unskilled and skilled laborers,
with various allowances paid in cash or kind in addition.
This minimum wage provides a decent standard of living for
a worker and family in the local context. The workday is defined
as 8 hours with a 1-hour lunch break. Work in excess of this
must be paid at one and one-half times normal rates. Workers
paid on a monthly basis are entitled to 1 day's paid leave
for 6 days of work and 15 days of leave annually. The largest
salaried work force is the government service, which has an
administered wage structure last revised in 1988 but supplemented
by special allowances and increases since then, including
a 25 percent increase in July 1997. Only about 30 industrial
plants employ more than 50 workers. Smaller industrial units
include 69 plants of medium size, 197 small units, 692 "mini"
units, and 651 cottage industry units. The Government favors
a family-owned farm policy; this, along with the country's
rugged geography, and land laws that prohibit a farmer from
selling his last 5 acres and that require the sale of holdings
in excess of 25 acres, result in a predominantly self-employed
agricultural work force. Workers are entitled to free medical
care within the country. They are eligible for compensation
for partial or total disability, and in the event of death,
their families are entitled to compensation. Existing labor
regulations do not grant workers the right to remove themselves
from work situations that endanger health and safety without
jeopardizing their continued employment.
f. Trafficking in Persons
The
law does not prohibit trafficking in persons, and there were
no reports that persons were trafficked to, from, within,
or through the country. [End.]
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