US State
Department
Country
Reports on
Human Rights Practices -2001
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.
This site is managed by the Bureau of Public Affairs,
U.S. Department of State.
External links to other Internet sites should not be construed as an
endorsement of the views contained therein.
http://www.state.gov/g/drl/rls/hrrpt/2001/sa/8228.htm
AMNESTY
INTERNATIONAL COUNTRY REPORT DECEMBER 2000
Amid increased
international attention, there was a breakthrough in negotiations between
Bhutan and Nepal on the right of almost 100,000 Nepali-speaking people in
refugee camps in eastern Nepal to return to Bhutan. Torture by police was
reported. Leaders of political parties in exile were reportedly arrested on
their return.
Background
Finance Minister Yeshi Zimba took office as Chairman to the
Council of Ministers in August. A new system of ''security clearance
certificates'', issued by the Royal Bhutan Police, replaced ''no objection
certificates'' and ''police clearance certificates''. However, there were
continuing concerns that members of the Nepali-speaking community would
continue to face discrimination when applying for such certificates in order
to be able to obtain work, promotion or business licences or to travel
abroad, on the basis that they had contacts with ''anti-nationals'' in
refugee camps in Nepal. As part of strengthening the country's legal
framework, new charge-sheets were introduced on which police must enter the
sections of the law under which a person is to be charged.
Nepali-speaking refugees:
Several high-level
delegations visited the country to discuss with the authorities the plight
of people living in refugee camps in Nepal since the early 1990s. Among them
were US State Department officials who visited in January and December.
After her visit in April, the UN High Commissioner for Refugees reported
that Bhutan was ready to proceed with joint verification of people living in
the camps to determine their eligibility for inclusion in a future voluntary
repatriation program. However, in May the ninth round of ministerial talks
between Bhutan and Nepal failed to reach agreement. Bhutan's position was
that individuals over the age of 18 should be verified individually while
Nepal wanted the unit of verification to be the head of the family. A
compromise formula, put forward by the High Commissioner was initially
rejected by Bhutan. In late December, Nepal and Bhutan finally reached an
agreement on the mechanisms and unit of verification. A joint verification
team - consisting of five officials from each government - was mandated to
first validate the family units and then proceed to verify heads of families
and individual units.
In September the European Parliament passed a resolution calling on ''the
Governments of Bhutan and Nepal, in cooperation with all parties involved,
to reach an agreement which will allow the early and voluntary repatriation
of the refugees to their country of origin''.
Torture
Torture by police was reported. Tul
Man Tamang, a 30-year-old construction worker, was arrested on 27 June on
suspicion of organizing political activities. He was taken to the police
station at Chimakothi in Chhukha district where he was allegedly kicked and
beaten with a cane, leather belt and rifle butt on his back, legs and
buttocks. He was reportedly held incommunicado in a dark cell for three days
before being taken to the police station at Phuntsholing on the border with
India. He was forced to sign a statement saying he was leaving the country
of his own free will and was forcibly exiled to India.
Arrests of politicians
Several
leaders of political parties in exile who returned to Bhutan were arrested.
Some remained held at the end of the year.
N.L. Katwal, a central
committee member of the Bhutan Gorkha National Liberation Front, was
reportedly among more than 50 people arrested during a demonstration in
Phuntsholing in April.
Ugyen Tenzing, a member of
the Druk-Yul Peoples Democratic Party, was reportedly arrested in Samtse
district in June and taken to Thimphu police headquarters.
AI country report:
Bhutan:
Nationality, Expulsion, Statelessness and the Right to Return (AI Index:
ASA 14/001/2000
Amnesty
International report on Bhutan can be found at:
http://web.amnesty.org/ai.nsf/countries/bhutan?OpenView&Start=1&Count=30&Expandall&ft=S
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