Wayzata World Factbook 1996/The World Factbook - 1996 Edition - Wayzata Technology (3079) (1996).iso/mac/TEXT/HUMANrts/BHUTAN.TXT

Text File | 1996-01-04 | 29KB | 572 lines

TITLE: BHUTAN HUMAN RIGHTS PRACTICES, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
DATE: FEBRUARY 1995

                            BHUTAN*


The Wangchuck dynasty of hereditary monarchs has ruled Bhutan
since 1907.  Located in the Himalayas between India and Tibet,
the small Kingdom has been able to escape domination by any
external power since the 10th century.  There is no written
constitution or bill of rights.  King Jigme Sinhye Wangchuck,
on the throne since 1972, has continued some efforts toward
social and political modernization begun by his father.
However, in the past half-decade government efforts to repress
ethnic Nepalese has sidetracked further progress.  Buddhist
citizens fear for the survival of their culture and identity
because of the rapid growth of the Nepalese segment of the
population.  Buddhists constitute one-half to two-thirds of the
population and generally inhabit the northern areas of the
Kingdom.  About one-third of the population, living mostly in
the southern districts, is Hindu of Nepalese origin.

The Royal Bhutan Police, a force of about 5,000, assisted by
the Royal Bhutan Army, with approximately 7,000 lightly armed
men, and a militia of about 10,000, maintains internal
security.  These forces have committed gross human rights
abuses against ethnic Nepalese in the past, and the Government
has failed to prosecute those responsible.

An estimated 90 percent of Bhutan's 600,000 population live in
rural areas on subsistence agriculture in a mainly barter
economy and are largely illiterate.  India is Bhutan's main
trading partner and principal source of foreign exchange.

The human rights situation improved slightly, but many basic
rights remain restricted.  There was insufficient information
to determine if the Government continued to sanction the
expulsion of ethnic Nepalese.  These people continued to arrive
in refugee camps in eastern Nepal, although in much lower
numbers than in the past few years.  Some refugees claim that
they were evicted by security forces.  From 1989 to 1992,
Bhutanese authorities forcibly expelled tens of thousands of
people declared to be illegal immigrants under the 1985
Citizenship Act.  Other rights are also restricted.  The
citizens do not have the right to change their government, and
there are significant limitations on the right to a fair trial,
peaceful association and assembly, and on worker rights.
Traditional cultural practices discriminate against women.


*The United States does not have an embassy in Bhutan.
Information on the human rights situation is therefore limited.

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 independent confirmations of political or
extrajudicial killings.  However, the government-controlled
weekly newspaper continued to describe dozens of incidents in
which unidentified men staged hit-and-run attacks on civilians
living in the south, resulting in some deaths.  Many attacks,
described by the Government as political terrorism, appear to
have been the work of criminal gangs taking advantage of
unsettled conditions on the border with India.

     b.  Disappearance

From 1989-92, police and army forces arrested thousands of
ethnic Nepalese suspected of supporting the dissident
movement.  Some have been held in incommunicado detention;
others have disappeared.  The Government has denied
responsibility for any disappearances.  In the past few years,
the Government released from detention at least 1,666 ethnic
Nepalese under official amnesties, including 23 on February
22.  Among those amnestied in February was Deo Dutta Sharma, a
student leader who says he was abducted by the Royal Bhutan
Police from the Indian state of West Bengal in December 1989.
After his release, Sharma claimed he was held in solitary
confinement for the first 3 years of his detention.

     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment

According to local human rights groups, allegations of torture
and rape in southern Bhutan decreased at the end of 1993.
However, there was little evidence of that the Government
investigated or punished security force officials implicated in
the widespread abuses reported during 1989-1992.  Government
forces committed these abuses in southern Bhutan as part of an
effort to reduce the presence of ethnic Nepalese (see Section
5).  This policy created a climate of impunity in which the
Government tacitly condoned the physical abuse of ethnic
Nepalese.

The Human Rights Organization of Bhutan (HUROB), the People's
Forum for Human Rights, Bhutan (PFHRB), and the South Asia
Human Rights Documentation Center (SAHRDC) published dozens of
affidavits from victims of rape and torture who fled to refugee
camps in Nepal.  Several nongovernmental organizations (NGO's)
in Nepal are providing rehabilitation services to victims of
torture among those refugees.

Following the 1990 disturbances and mass arrests, prison
conditions had been poor, with inadequate sanitation, unhealthy
food, and endemic overcrowding which reportedly resulted in the
deaths of detainees.  Responding to urging from Amnesty
International (AI), the Government ended the use of shackles in
1992.  Representatives from the International Committee of the
Red Cross (ICRC) began visiting prisons in 1993.  The opening
of a new prison camp in Chemgang and the release of more than
1,600 detainees contributed to some improvement in conditions
of detention.

     d.  Arbitrary Arrest, Detention, or Exile

Arbitrary arrest and detention remain a problem but are not
routinely used as a form of harassment.  The law does not
provide for protection against arbitrary arrest.  There are few
established procedures for processing detainees.  These
shortcomings in the criminal justice system leave the
authorities ample room for abuse.  The authorities may arrest
persons without warrants and detain them for weeks before they
are brought before a judicial officer.  Delay in informing
family members of an arrest is commonplace.  Incommunicado
detention was a serious problem in 1991 and 1992, but the
initiation of ICRC prison visits and establishment of an ICRC
mail service between detainees and family members has helped to
allay this problem.

"Terrorists" caught by village volunteers are generally held in
detention camps in southern Bhutan before they are transferred
to prison facilities near the capital.  In many cases, the
detention of accused "antinationals," a term the Government
uses to describe some ethnic Nepalese dissidents, is
arbitrarily prolonged.  At mid-year, the authorities detained
some 165 detainees on charges related to political unrest in
southern Bhutan.  Many have been awaiting trial for nearly 4
years.

Although the Government does not formally use exile a form of
punishment, many of the accused "antinationals" freed under
government amnesties say they were released on the condition
that they depart the country.  Several of them subsequently
registered at camps in Nepal funded by the United Nations High
Commissioner for Refugees (UNHCR).

     e.  Denial of Fair Public Trial

The judicial system consists of district courts and a High
Court in Thimpu with judges appointed by the Royal Civil
Service Commission.  Minor offenses and administrative matters
are adjudicated by village headmen.  Criminal cases and a
variety of civil matters are adjudicated under a 17th century
legal code, revised in 1965, which applies to all citizens
regardless of ethnic origin.  Judges are accountable to the
King are responsible for all aspects of a case, including
investigation, filing of charges, prosecution, and judgment.

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.  The legal system
does not provide for jury trials or the right to a
court-appointed defense attorney, although it does allow for
the appointment of a "jambi," a person trained in the law, if
the defendant so desires.  Defendants are not presented with
written charges; instead they answer to accusations made orally.

Questions of family law, such as marriage, divorce, and
adoption are resolved according to a citizen's religion:
Buddhist law for the majority Buddist population; and Hindu
law, which predominates in areas inhabited by ethnic Nepalese.

The Government tried and convicted about 40 people over the
past 2 years on charges of treason and other "antinational"
activities related to ethnic Nepalese resistance to the 1985
Citizenship Act and its enforcement by the Government.  In
addition, some or all of the 129 persons detained in Chemgang
Prison in connection with anti-national activities may be
political prisoners.  Tek Nath Rizal, an ethnic Nepalese and
internationally recognized political prisoner, remained in
prison following his 1993 conviction under the National
Security Act.

     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence

There are no laws providing for these rights, but cultural
traditions are highly respectful of personal privacy.  However,
the Government has undermined these traditions by its emphasis
on promoting national integration.  For example, a royal decree
issued in 1989 made Drukpa national dress compulsory for all
citizens.  Anyone found violating the decree may be fined or
sentenced to jail for a week.  Although observance of the
decree is lax, there are occasional drives to stiffen
enforcement, which exposes ethnic Nepalese to intimidation.
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

With an adult literacy rate around 30 percent, Bhutan's
population is relatively uninfluenced by the print media.
Kuensel, the Government's weekly newspaper, with a circulation
of 10,000, is the country's only regular publication.  The
authorities allow indirect criticism of the King in the
National Assembly and Kuensel sometimes covers such criticism.
Indian and other foreign newspapers are available, but
authorities confiscate and censor editions carrying articles
critical of the royal family or government policies.

Bhutan has no television broadcast service.  In 1989 the
Government ordered the dismantlement of all private television
antennas and satellite receiving dishes.

The government radio station broadcasts each day in the four
major national languages (Dzongkha, the language of the western
highlands; Nepali, English; and Sharchop).

At the end of 1990, the Government banned the Nepali language
as a medium of instruction in Bhutanese schools.

     b.  Freedom of Peaceful Assembly and Association

These freedoms are restricted.  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 political parties.  The Government
regards two parties organized by ethnic Nepalese exiles--the
the BPP and BNDP--as "terrorist and antinational" organizations
and has declared them illegal.  The parties do not conduct
activities inside the country.  The BNDP advocates a
constitutional monarchy with a parliamentary democracy.  The
BPP seeks an ethnic Nepalese government.

A third exile-based opposition party, the Druk National
Congress, was launched in mid-1994 by reform-minded persons of
the Drukpa elite.

     c.  Freedom of Religion

Buddhism is the state religion.  The Government subsidizes
monasteries and shrines and provides aid to about a third of
the Kingdom's 12,000 monks.  The monastic establishment enjoys
statutory representation in the National Assembly and Royal
Advisory Council and 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.

     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation

Some citizens enjoy considerable freedom of movement, but many
reports indicate that ethnic Nepalese face travel restrictions
within Bhutan.  The southern border with India is open, and
people residing in the immediate vicinity cross it freely.  The
Government has informally limited the admission of tourists to
4,000 a year, a limit which includes Indians who enter the
country by airplane or stay in hotels.  There were 2,985 such
arrivals in 1993.  By treaty, citizens may reside and work in
India.

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 an absolute monarchy, with sovereign power vested in
the King.  The Government has resisted democratic changes.

Decisionmaking is centered in the royal palace and involves
only a small number of officials in the civil and religious
establishment.  Although the present King and his father have
made some attempts to integrate women and ethnic Nepalese into
the body politic, the system is still dominated by the male
members of an aristocracy of Mahayana Buddhist ancestry.

Political parties do not legally exist, and their formation is
discouraged by the Government.  The Government prohibits two
parties established by abroad by ethnic Nepalese (see Section
2.b.).

The National Assembly, established in 1953, is composed of 105
members elected by limited franchise:  by village headmen in
Buddhist areas and heads of families in Hindu areas.  Twelve
members of the Assembly are elected by monastic establishments
and 33 members are high-level government officials appointed by
the King.  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 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.

Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights

The Government does not allow local human rights groups.  At
least three groups established by ethnic Nepalese exiles,
HUROB, PFHRB, and the Association of Human Rights
Activists-Bhutan (AHURA), operate abroad and take depositions
from ethnic Nepalese refugees arriving in Nepal (see Section
1.c.).  The Government accuses these groups of working for the
opposition and does not permit them in Bhutan.  These groups
also conduct international campaigns to put pressure on the
government and provide human rights education in the refugee
camps.  However, they rarely report violations committed by
dissident political groups.

The Government continued to cooperate with humanitarian
groups.  ICRC representatives continued their periodic prison
visits, and the Government for the first time allowed them
access to temporary detention facilities in the south, an area
inhabited by ethnic Nepalese.  The Government also allowed a
visit by a team from Refugees International, which traveled
widely in the south.

Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status

     Women

Bhutan has not developed a rigid caste system or customs that
sequester or disenfranchise women.  Family land is divided
equally between sons and daughters, and dowry is not practiced,
even among ethnic Nepalese Hindus.  A study by the United
Nations Children's Fund (UNICEF) found that boys and girls
receive equal treatment regarding nutrition and health care.
This equality is reflected in data showing little difference in
child mortality rates between the sexes.  UNICEF found that
among Among urban dwellers, girls are given "equal or nearly
equal opportunities" to pursue education.  However, government
data indicate that girls account for only about 40 percent of
the school population nationwide.  Although traditional
cultural patterns place girls in a lower status than boys,
girls are still cherished, as women generally care for parents
in old age.

The sexes mix freely, and polygyny is sanctioned as long as the
first wife gives her permission.  Marriages may be arranged by
partners themselves as well as by their parents.  Divorce is
common.  Recent legislation requires that all marriages must be
registered and favors women in matters of alimony.  About 10
percent of government employees are women.  Women in unskilled
jobs are generally paid less than men.

Rape was made a criminal offense in 1953, but that law had weak
penalties and was poorly enforced.  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, reportedly a growing problem, sentences
range from 5 to 17 years.  In extreme cases, a rapist may be
imprisoned for life.

     Children

Children enjoy a privileged position in society and benefit
from international development programs focused on maternal and
child welfare.  There is no known pattern of societal abuse
against children.

     National/Racial/Ethnic Minorities

Ethnic Nepalese arrived in Bhutan in large numbers at the turn
of the century.  The Citizenship Law of 1958 granted
citizenship to all ethnic Nepalese adults who owned land and
had lived in Bhutan for at least 10 years (also see Section
2.d.).  However, the Government maintains that large-scale
illegal immigration continued and was not detected until the
1988 census.  The discovery that ethnic Nepalese were close to
becoming a majority prompted the Government to launch an
aggressive campaign to reassert Bhutanese, or Drukpa, culture,
restrict immigration, and expel many ethnic Nepalese.  The
ruling elite feared that Bhutan's Buddhist society would be
overwhelmed by the Hindu ethnic Nepalese--as happened in
neighboring Sikkim, which was annexed by India in 1974.

Early efforts at halting the unfavorable demographic trends
focused on limiting immigration and attempting to assimilate
the existing ethnic Nepalese.  Attempts at assimilation
included financial incentives for intermarriage, education for
some students in regions other than their own, and direction of
economic development funds to the south.  By 1989 assimilation
gave way to policies aimed at "Bhutanization."  Measures
intended to preserve a national identity required the wearing
of Bhutanese dress, made the teaching of Dzongkha compulsory,
and banned instruction in Nepali.

Beginning in early 1988, the Government sought to reduce the
ethnic Nepalese population by enforcing a 1985 law that
significantly tightened the requirements for citizenship.
Until 1985, citizenship was confered upon children if their
father was a citizen under the 1958 Nationality Law.  However,
the 1985 act raised this standard by requiring that both
parents must be citizens to confer citizenship on their
children.  The Government declared as illegal immigrants all
residents who could not meet the new requirement.

Residents who lost their citizenship under the 1985 act may
apply for naturalization, but only after satisfying a rigorous
set of standards that include proficiency in the Dzongkha
language and proof of residence during the previous 15 years.

Exile political groups complain the law makes unfair demands
for documentation on largely illiterate people in a country
that has only recently adopted basic administrative
procedures.  They claim many ethnic Nepalese whose families
have been in Bhutan for generations were expelled because they
were unable to document their claims to residence.  The
Government denies this and asserts that the word of village
leaders is an acceptable substitute for written documentation.
Refugee groups claim that village elders are not present when
citizenship interviews are carried out.

The 1985 Citizenship Act also stipulates the revocation of
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
national leaving the country to assist and help the
antinationals shall no longer be considered as a Bhutanese
citizen ... such people's family members living under the same
household will also be held fully responsible and forfeit their
citizenship."  Human rights groups charge this provision was
widely used to revoke the citizenship of ethnic Nepalese who
were subsequently exiled from southern Bhutan.

Arrivals of refugees in the eight camps run by the UNHCR and
its cooperating agencies in Nepal peaked during 1992.  By
mid-1994, arrivals had fallen to slightly more than 60 per
month, reflecting a significant decrease in the number of
families emigrating from Bhutan.  Independent NGO's reported
that many of the refugees arriving in Nepal in 1994 had
unquestioned Bhutanese citizenship and made no claims of
political persecution in Bhutan.  Most of the arrivals reported
that they departed Bhutan because of the depopulation in the
southern districts, a heightened sense of apprehension and
insecurity, and the desire to be reunited with family members
already in Nepal.  A group of 284 who arrived in April was
reportedly composed of bona fide Bhutanese citizens who left
because of a land dispute.

By May 83,817 refugees were registered in the UNHCR camps, of
whom about 66,000 arrived in 1992.  Between 5,000 and 15,000
other refugees are believed to have settled with family members
in India.  The total outflow of approximately 100,000 people in
2 years is equal to about 15 percent of Bhutan's population.

The Government maintains that those who have been expelled are
Nepalese or Indian citizens who arrived in Bhutan after the
enactment of the 1958 Nationality Law.  It also claims the
majority of those in Nepal departed Bhutan voluntarily after
selling their land and property.  Nonetheless, there are
credible reports that these "voluntary" emigrants were
compelled to sign away their property by government officials.
A Nepal-Bhutan joint ministerial committee met in February,
April, and June to discuss ways to determine which refugees
might be entitled to return to Bhutan.  These discussions
achieved little progress.

As concern spread about the growing refugee population in
Nepal, international pressure mounted on the Government.  In
response, the Government tried to reduce the outflow of
migrants from southern Bhutan.  The Government issued a royal
decree which made the forcible eviction of a citizen a criminal
offense.  Three government officials were convicted on charges
of intimidating ethnic Nepalese.  The decree also exempted
ethnic Nepalese from paying rural taxes and contributing labor
for development projects in 1992.  However, the exodus had
gained momentum and by early 1994 visitors reported that much
of southern Bhutan had become depopulated (see Section 2.d.)

By law southerners may own land and establish business in the
north, and northerners have the same right in the south.
Nonetheless, it is reportedly still difficult for ethnic
Nepalese, except government officials, to buy property in
Buddhist areas.

Residents are required to provide certificates issued by the
police for admission to school and government jobs.  For
example, a February 16 advertisement in the national newspaper
required a police certificate from students seeking to enter a
government-supported training course.  Human rights groups
claim these certificates are used to prevent ethnic Nepalese
citizens from taking jobs or educational slots in many
districts of Bhutan.

Exiles student groups accuse the Government of revoking the
scholarships of ethnic Nepalese students who were accused of
supporting the dissident movement.  Government critics claimed
families with ties to the palace and senior levels of the
Government are strongly favored in their access to government
employment and state scholarships for foreign education.  The
Government contends it has made a serious effort to send
qualified minority candidates for education overseas.

     People with Disabilities

There is no evidence of official discrimination toward people
with disabilities but the Government has not passed legislation
mandating accessibility for the disabled.

Section 6  Worker Rights

     a.  The Right of Association

Trade unionism is not permitted, 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 or labor legislation
pertaining to industry, which accounts for about 25 percent of
the gross domestic product but only a minute fraction of the
total work force.  The Government affects wages in the
manufacturing sector through it control over parastatal wages.
There are no export processing zones.

     c.  Prohibition of Forced or Compulsory Labor

The Government uses a system of compulsory labor taxes to
compensate for its low financial tax base.  Under various rural
development schemes, a typical family of 8.5 persons may be
required to provide up to 40 worker-days each year.  There is
no evidence to suggests that domestics or children are subject
to coerced or bonded labor.

     d.  Minimum Age for Employment of Children

There are no laws governing the employment of children.
Children are not employed in the industrial sector but many
assist their families in the traditional economy.  In
road-building, eligibility for employment determined by ther
applicant's height, not age.  Although most workers are at
least 15, a UNICEF study suggested that children as young as 11
are sometimes employed with road-building teams.

     e.  Acceptable Conditions of Work

As noted above, there is no labor legislation, no legislated
minimum wage, standard workweek, or health and safety
standards.  Labor markets are highly segmented by region, and
monitoring wage developments is inhibited by the preponderance
of subsistence agriculture and the practice of barter.  The
largest salaried labor market is the government service, which
has an administered wage structure last revised in 1988.  Only
about 18 industrial plants employ more than 50 workers.  Apart
from a few of these larger plants, the entire industrial sector
consists of home-based handicrafts and some 60 privately owned
small- or medium-scale factories producing consumer goods.
Bhutan's rugged geography and land laws that prohibit a farmer
from selling his last five acres result in a predominantly
self-employed agricultural labor force.