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

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

                             NAURU


The Republic of Nauru, a small Pacific island with about 9,900
inhabitants, gained independence in 1968, at which time it
adopted a modified form of parliamentary democracy.

Nauru has two levels of government, the unicameral Parliament
and the Nauru Island Council (NIC).  Parliamentary elections
must be held at least triennially.  The Parliament, consisting
of 18 members from 14 constituencies, is responsible for
national and international matters.  It elects the President,
who is both Head of State and Head of Government, from among
its members.  The NIC acts as the local government and is
responsible for public services.  The judiciary is
independent.

Nauru has no armed forces, though it does maintain a small
police force (less than 100 members) under civilian control.

The economy depends almost entirely on the country's rich
phosphate deposits, mined by the government-owned Nauru
Phosphate Corporation (NPC).  The Government places a large
percentage of the NPC's earnings in long-term investments meant
to support the Nauruans after the phosphate reserves have been
exhausted, which, using current extraction techniques, will
probably occur by the year 2000.  The Governments of Nauru and
Australia reached a $70.4 million out-of-court settlement in
July 1993 for rehabilitation of the Nauruan lands ruined by
Australian phosphate mining.

Fundamental human rights are provided for in the Constitution
and generally respected in practice.  Discrimination and
violence against women continue to be the principal human
rights problems.

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 reports of political or other extrajudicial
killings.

     b.  Disappearance

There were no reports of political disappearances.

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

The Constitution prohibits these practices, and this
prohibition is respected.

     d.  Arbitrary Arrest, Detention, or Exile

The constitutional prohibition against arbitrary arrest and
detention is honored.  The police may hold a person for no more
than 24 hours without a hearing before a magistrate.  Exile is
not practiced.

     e.  Denial of Fair Public Trial

Nauru maintains an independent judiciary, and constitutional
provisions for both a fair hearing and a public trial are
respected.  Defendants may have legal counsel, and a
representative will be appointed when required "in the interest
of justice."  However, many cases never reach the formal legal
process, as traditional reconciliation is used--usually by
choice, but sometimes under communal (not government)
pressure.  Guest workers from Kiribati and Tuvalu are
particularly at a disadvantage in complaints against Nauruan
citizens.  Nauru has only two trained lawyers, and many people
are represented in court by "pleaders," trained paralegals
certified by the Government.

There are no political prisoners.

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

The Constitution generally provides protection from these
abuses.  Searches not sanctioned by court order are prohibited,
and there is no surveillance of individuals or of private
communications.  Nauruan citizenship and inheritance rights are
traced through the female line.  Until very recently, laws
restricted intermarriage of Nauru men and women with
non-Nauruans.  Although the laws have changed and such
intermarriage is practiced and permitted, intermarriage between
Nauru women and foreign males still draws substantial social
censure.  The spouses--male or female--of Nauru citizens have
no automatic right of abode in Nauru.  They are, however,
normally granted short-term "visits" sponsored by the Nauru
spouse or they may apply for longer-term work permits.  Foreign
spouses are not eligible for Nauru citizenship.

Section 2  Respect for Civil Liberties, Including:

     a.  Freedom of Speech and Press

The Constitution provides for freedom of expression.  News and
opinion circulate freely, rapidly, and widely by the press and
word of mouth.  The country has two regular publications:  the
private, fortnightly newspaper, the Central Star News, which
operates and editorializes freely; and the Government Gazette,
which contains mainly official notices and announcements.  The
sole radio station, also owned and operated by the Government,
broadcasts Radio Australia and British Broadcasting Corporation
news reports but not local news.  Pay television, broadcast
from New Zealand, is received by satellite.  Foreign
publications are widely available.

There are no prohibitions or restrictions on academic freedom.

     b.  Freedom of Peaceful Assembly and Association

The constitutional right of peaceful assembly and association
is honored.  No limitations exist on private associations, and
no permits need be obtained for public meetings.

     c.  Freedom of Religion

The constitutional protection of freedom of religion is
observed in practice.

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

Nauruans are free to move and travel both domestically and
internationally.  Nauru does not revoke citizenship for
political reasons.  Citizens who have left the country have the
right to return, and repatriates receive the same treatment as
other citizens.  No restrictions on emigration exist.

Foreign workers must apply to their employers for permission to
leave during the period of their contracts.  They may break the
contract and leave without permission but would lose their
positions and, often, a sizable bond as a result.  In most
cases, foreign employees whose contracts are terminated by
their employers must leave Nauru within 60 days.

Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government

Citizens have, and exercise, the right to change their
government.  Though Nauru has no organized political parties,
persons with diverse points of view run for and are elected to
Parliament and to the NIC.

Parliament elects the President.  Nauru has had seven changes
in presidential leadership since independence in 1968.  Power
has always been transferred peacefully and in accordance with
the Constitution.  Continuing this tradition, Bernard Dowiyogo
was reelected to his parliamentary seat and the Presidency in
November 1992.  Voting, by secret ballot, is compulsory for all
citizens over age 20 for parliamentary elections.  There have
been multiple candidates for all parliamentary seats during
recent elections.  The approximately 3,000 guest workers in
Nauru have no voice in political decisions.  There are no legal
impediments to participation in politics by women, and women
have in the past served in Parliament.  However, there are no
women among the current 18 parliamentarians.

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

There are no restrictions on establishing local groups that
concern themselves specifically with human rights, but to date
none has been formed.  There have been no allegations by
outside organizations of human rights violations in Nauru, nor
any requests for investigations.

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

     Women

The Constitutional provisions assuring women the same freedoms
and protections as men are not fully observed in practice.  The
Government provides equal opportunities in education and
employment and women are free to own property and pursue
private interests.  However, both the Government and society
still give women clear signals that their ultimate goal should
be marriage and raising a family.  Nauru's population has been
almost eliminated on several occasions, first by disease and
drought, then during World War II as a result of massive
removals by the Japanese.  The Government has gone to great
lengths to encourage large families, and Nauruan women complain
that emphasis on their reproductive role reduces their
opportunities.  For example, young women studying abroad on
scholarship and contemplating marriage face review and possible
termination of their educational grants as it is assumed that
they will leave the work force and thus not require additional
academic training.

Previous Nauruan governments have shown little interest in the
problems of women.  Nauruan authorities give high priority to
improved health care and education, but the island has no
gynecologists.  The Government has not addressed the physical
abuse of women and does not collect statistics on it.  Some
credible reports indicate that the abuse that occurs, which is
often aggravated by alcohol abuse, sometimes results in serious
injury.

     Children

Child abuse statistics do not exist, but alcohol abuse
sometimes leads to child neglect or abuse.  The NIC dealt with
one child abuse case in 1994, treating it as a serious communal
matter.  The Government devotes considerable attention to the
welfare of children, with particular stress on their health and
educational needs.

     National/Racial/Ethnic Minorities

Foreign laborers, mainly from Vanuatu, Kiribati, and Tuvalu,
experience some discrimination.  While guest workers are
provided free housing, the shelters they are given are often
poorly maintained and overcrowded.  Some guest workers have
alleged that Nauruan police rarely act on complaints they make
against Nauruan citizens.

     People with Disabilities

There is no reported discrimination in employment, education,
and the provision of state services to persons with
disabilities.  There is, however, no legislation or mandated
provisions of accessibility to public buildings and services
for the disabled.

Section 6  Worker Rights

     a.  The Right of Association

The Constitution provides for the right to assemble and
associate peacefully and to form and belong to trade unions or
other associations.  However, Nauru has virtually no labor
laws, and there are currently no trade unions.  Past efforts to
form them were officially discouraged.  The transient nature of
the mostly foreign work force and the relative prosperity of
the Nauruans have also served to hamper efforts to organize the
labor force.  The right to strike is neither protected,
prohibited, nor limited by law.  No strikes took place in
1994.  Nauru is not a member of the International Labor
Organization.

     b.  The Right to Organize and Bargain Collectively

While there are no legal impediments to collective bargaining
and organizing the former does not take place, and, as noted
above, the latter has been unsuccesful.  The private sector in
Nauru employs only about 1 percent of Nauru's salaried
workers.  For government workers, public service regulations
determine salaries, working hours, vacation periods, and other
employment matters.  There are no export processing zones.

     c.  Prohibition of Forced or Compulsory Labor

The Constitution forbids forced or compulsory labor, and there
have been no instances of either.

     d.  Minimum Age for Employment of Children

Education is compulsory until age 16; Nauruan law sets 17 as
the minimum age of employment.  This is honored by the only two
large employers, the Government and the NPC.  Some children
under age 17 work in the few small family-owned businesses.

     e.  Acceptable Conditions of Work

Minimum wages paid on Nauru vary considerably between office
workers and manual laborers, but they suffice to provide an
adequate, if modest, standard of living.  Thanks to yearly
dividends paid to Nauruans by the NRC, most families live in
simple but adequate housing, and almost every Nauruan family
owns at least one car or truck.  The Government sets the
minimum yearly wage for Nauruans administratively for both
public and private sectors.  Since November 1992, that rate has
been $6,562 ($A9,056) for those 21 years of age or older.  The
rate is progressively lower for those under 21 years of age.
Employers determine wages for foreign contract workers based on
market conditions and the consumer price index.  Usually
foreign workers and their families receive free housing,
utilities, medical treatment, and often a food allowance.  By
regulation the workweek for office workers is 36 hours and for
manual laborers 40 hours in both the public and private
sectors.  Neither law nor regulations stipulate a weekly rest
period; however, most workers observe Saturdays and Sundays as
holidays.

The Government sets health and safety standards.  The NPC has
an active safety program that includes worker education and the
use of safety helmets, safety shoes, respirators for dusty
conditions, and other safety measures.  The NPC has a safety
officer, specifically responsible for improving safety
standards and compliance throughout the company.