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

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

                            URUGUAY


Uruguay is a constitutional republic with an elected president,
a bicameral legislature, and an independent judicial branch.
Former President Julio Maria Sanguinetti won a narrow victory
on November 27, the third election following the end of the
military government.  He will replace President Luis Alberto
Lacalle on March 1, 1995.

The Interior Ministry administers the country's police
departments and the prison system and is responsible for
domestic security and public safety matters.  Elements of the
police continue to be responsible for human rights abuses.

The economy is a mixture of private enterprise and state
entities and is heavily dependent on agricultural exports and
agroindustry.  Private property rights are respected.  The
economy grew by an estimated 4 percent in 1994; per capita
gross domestic product was approximately $4,750.

The principal human rights problems continue to be police abuse
and maltreatment of prisoners.  After some improvement in 1993,
prison conditions deteriorated, and the lack of professionalism
in police ranks remains a problem.  Levels of violence against
women remain high, and neither police nor judicial authorities
deal with it effectively.  Societal discrimination against the
small black minority is also a problem.

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 politically motivated killings.

In August, after a government decision to extradite three
alleged members of the Spanish Basque terrorist group ETA,
Uruguayan sympathizers demonstrated in support of the three's
claim to asylum.  When police tried to break up groups of
demonstrators, violent clashes errupted.  One demonstrator was
killed, another 60 were injured; about 30 policemen were
injured, 1 of them seriously.  In spite of initial reports to
the contrary, it appears that most of the gunshots came from
the police.  Leftist political groups and Amnesty International
accused the police of using excessive force, and the Government
assigned a judge to conduct a full investigation.  The final
report of the investigation is due to be released in February
of 1995.

     b.  Disappearance

There were no reports of disappearances.

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

The Constitution prohibits brutal treatment of prisoners, but
elements of the police continue to commit such abuses.  Human
rights monitors assert that many cases of abuse go unreported,
hence the problem may be more serious than it appears.  The
judicial and parliamentary branches of government are
responsible for investigating specific allegations of abuse.
The authorities charged several police officers with
mistreatment of prisoners or abuse of their office, including
one case involving a disabled person who committed suicide in
his jail cell.  However, as progress on these cases is often
slow or nonexistent, the courts seldom convicted and punished
police for such abuse.

Conditions in prisons and juvenile detention facilities
remained poor, but not life-threatening.  In March the
Parliament's human rights committee reported that "lack of
medical assistance, deficient nutrition, overcrowding, enforced
idleness, mistreatment on the part of guards, alcohol, drugs,
and corruption" made the country's largest prison
"uninhabitable."  In June the prisoners rioted and effectively
destroyed the physical plant of the Libertad prison.  The
authorities transferred the 900 prisoners housed there to other
facilities, which only worsened the already overcrowded
conditions at the other prisons.  Prison escapes, attempted
escapes, physical deterioration of facilities, and other
problems increased.

     d.  Arbitrary Arrest, Detention, or Exile

The Constitution requires the police to have a written warrant
issued by a judge before they can make an arrest.  The only
exception is when the police apprehend a suspect during
commission of a crime.  The Constitution also provides the
accused with the right to a judicial determination of the
legality of detention and requires that the detaining authority
explain the legal grounds for the detention.  Police may hold a
detainee incommunicado for 24 hours before presenting the case
to a judge, at which time the detainee has the right to
counsel.  If the detainee cannot afford a lawyer, the courts
appoint a public defender.  The judicial process must begin
within 48 hours; failure to comply has led to the release of
accused persons.  If the crime carries a penalty of at least 2
years in prison, the accused person is confined during the
judge's investigation of the charges unless the authorities
agree to release the person on bail, or until the case is
closed.  The authorities generally respect these constitutional
provisions in practice.

Forced exile is not practiced.

     e.  Denial of Fair Public Trial

The Constitution provides for an independent judiciary, headed
by a Supreme Court, which supervises the work of the lower
courts.  There is a parallel military court system that
operates under a military justice code.  Two military justices
sit on the Supreme Court but participate only in cases
involving the military.  Military justice applies to civilians
only during a state of war or insurrection.  The Government
respects the independence of the judiciary.

The prosecutor or the complainant must open all criminal trials
with a public statement of the charges.  Trial proceedings were
formerly based on written arguments, which were not normally
made public, but the defense attorney had access to all
documents that formed part of the written record.  The legal
process is now more open and transparent as a result of oral
argument, introduced in 1990, and now increasingly used
throughout the system.  There is no legal provision against
self-incrimination, and a judge may compel the defendant to
answer any questions the judge poses.  The defense attorney or
prosecutor may appeal convictions to a higher court which may
acquit the person of the crime, confirm the conviction, or
reduce or increase the sentence.

There are no political prisoners.

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

The Constitution provides for the right to privacy.  It states
that the home is absolutely inviolable at night and may be
entered and searched only with a judicial warrant and only
during the day.  It provides equally strong protection for
private papers and correspondence, and requires a warrant for
confiscation.  The authorities generally respect these rights
and safeguards in practice.

Section 2  Respect for Civil Liberties, Including:

     a.  Freedom of Speech and Press

The Constitution provides for freedom of speech and press, but
the authorities may abridge these rights if persons are deemed
to be inciting violence or "insulting the nation" (see below).

All elements of the political spectrum freely express their
viewpoints in both the print and broadcast media.  Montevideo
alone has 8 daily newspapers and 6 important weeklies; there
are also approximately 100 weekly and a few daily newspapers
throughout the country.  Montevideo has one government-
affiliated and three commercial television stations.  There are
about 110 radio stations and 20 television stations in the
country.

A 1989 law stipulates that expression and communication of
thoughts and opinions are free, within the limits contained in
the Constitution and the law, and outlines methods of
responding to "inexact or aggravating information."  The law
calls for 3 months' to 2 years' imprisonment for "knowingly
divulging false news that causes a grave disturbance to the
public peace or a grave prejudice to economic interests of the
State" or for "insulting the nation, the State, or their
powers."  The authorities use this law intermittently to set
and enforce certain limits on freedom of the press.  After the
August demonstration in support of the alleged ETA members, the
Government accused two radio stations of inciting the
demonstrators to violence.  The President revoked the license
of a station operated by the Tupamaros--an active urban
terrorist group during the 1960's which now functions as a
legitimate political faction--and suspended the license of
another station for 48 hours.

In October a court sentenced a businessman to 12 months in
prison (suspended) after he blamed the failure of his business
on the President of the country and called the President a
"swindler and a thief."

The national university is autonomous, and the authorities
respect academic freedom.

     b.  Freedom of Peaceful Assembly and Association

The law provides for freedom of assembly and association.
Groups freely organize and express their opinions.  The law
requires permits for public marches and demonstrations; the
Ministry of the Interior issues permits routinely, and
demonstrations generally occur without official harassment or
intimidation.

     c.  Freedom of Religion

The Constitution provides for freedom of religion, and the
authorities respect it in practice.  Members of all religious
groups exercise their faiths unhindered, and missionaries are
free to proselytize.

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

There are no restrictions on internal and foreign travel or
emigration.  Uruguayans who left the country during the
military regime and wish to return are encouraged to do so.

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

Citizens have the right and ability peacefully to change their
government.  Uruguay is a multiparty democracy with mandatory
universal suffrage for those 18 years of age or older, and no
restrictions regarding race, sex, religion, or economic
status.  The Colorado Party, the National (Blanco) Party, and
the Broad Front coalition are the three major political
groupings.  Each allows ideological divisions within the party,
and each such division may field its own slate of candidates in
general elections.

In national elections, each party fields different lists of
candidates; in essence, voters express a preference for a party
and for a list of candidates rather than for an individual
candidate.  The winning list of the party that receives the
most overall votes occupies the Presidency and a proportion of
seats in the Senate and Chamber of Deputies corresponding to
the percentage of votes that the party received.  A party
therefore may run multiple presidential candidates, each with
his or her own slate of legislative candidates.  In the
November elections, the Broad Front chose to run only one
presidential candidate.  This candidate won more popular votes
than any other candidate in history.  He did not, however, win
the presidency, since the Colorado Party's four candidates
received more combined votes.

Blacks and women face de facto impediments to participation in
politics and employment in government.  In the outgoing
Government, 6 women held seats in the 99-member Parliament;
there were no female senators or governors; and only 1 woman
headed a public entity.  There was one female vice presidential
candidate in the 1994 elections, but her candidacy ended when
her presidential running mate withdrew before the election.
The three women elected to the Senate in 1994 were the first
directly-elected females in the upper house (others have served
as substitutes).  Voters elected another seven women to the
lower house of Parliament.

About 50 percent of Uruguay's judges are women, but they tend
to be assigned to family and civil courts.  There are no women
on the Supreme Court; women hold only 17 percent of the
positions on the second highest court.  A few women are found
at high levels of the Uruguayan private and public sectors.
The Socialist Party requires that one-third of its candidates
be women.  Women are prominent in many government offices at
the middle levels, but they remain largely marginalized from
mainstream politics and underrepresented in the highest
government and political party offices.

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

Local human rights groups have functioned freely and without
restriction since the end of military rule in 1985.  The
Government has responded to U.N. Human Rights Commission
inquiries concerning the military regime period and is open to
inquiries from, and does not restrict the activities of,
domestic and international human rights monitors.

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

The Constitution and the law prohibit discrimination based on
race, sex, religion, language, or social status.  Despite these
provisions, de facto discrimination based upon sex and race
exists.

     Women

Women enjoy equality under the law but face a number of forms
of discrimination stemming from traditional attitudes and
practices.  Studies show that the work force remains segregated
by gender and race.  Women make up almost one-half the work
force but tend to be concentrated in lower paying jobs.  They
make up half the students entering universities and often
pursue professional careers but are underrepresented in
traditionally male professions.

Violence against women continues to be a severe problem;
nongovernmental organizations estimate that the actual number
of cases is probably 10 times the total reported to police.  In
1988 the Interior Ministry created a Women's Division in the
police force concerned exclusively with crimes against women.
Some women's organizations complain that even these special
police are untrained and lack sensitivity to the problems of
battered women, and that a woman's ability to make and sustain
a complaint often depends on the attitude of the judge.

One private shelter for battered women operates in Montevideo.
The Government began work on a shelter in 1992, but it has not
yet opened.  Private women's rights groups offer counseling
services, and the Montevideo municipality operates a 24-hour
hot line for victims of domestic violence.  In August the
Education and Culture Minister and the Interior Minister agreed
to institute a national program for prevention and treatment of
domestic violence, to be administered by the National Institute
of Women and the police.

     Children

Although the Government is committed to protecting the rights
and welfare of children, there continue to be some reports of
police abuse of detained minors.  Government action to deal
with these reports is slow or nonexistent.  Approximately
20 percent of the national budget was designated for
pre-university education in 1994; in November voters rejected a
constitutional referendum requiring that at least 27 percent of
the national budget be earmarked for all types of education.

A local human rights group estimates that there are
approximately 1,400 street children in Montevideo.  There are
another 70 in the city's juvenile institutions.  Early in the
year, a judge ordered the closure of Miguelete, the largest
male detention center, because of its harsh conditions.  The
detainees, ranging in age from 14 to 18, were transferred to
another facility; they later rioted and destroyed that center.
The Government then moved all 53 detainees back to Miguelete,
where they remained at the end of the year.  The authorities
filed charges of mistreatment against two of Miguelete's
directors after the riot, but subsequently dropped them, and
the accused returned to their duties.  Miguelete has no
educational, rehabilitation, or recreation facilities.
Thirty-two female detainees were housed in another facility,
which does have educational and recreation facilities.

     National/Racial/Ethnic Minorities

The country's black minority, approximately 6 percent of the
population, or 180,000 people, enjoys equality under the law
but faces societal discrimination.  A 1993 report put the
number of black university graduates at 65, and black
professionals at fewer than 50.  Blacks are practically
unrepresented in the bureaucratic, political, and academic
sectors of society.  They lack the educational opportunities
and social and political connections necessary for entry into
these groups.  Most citizens do not recognize that
discrimination against minorities is a problem, and the
Government has not taken action to deal with this problem.

     People with Disabilities

The legislature passed a law covering the rights of the
disabled in 1989, but the Government has not implemented it.
It does not mandate accessibility to existing buildings or
public services for people with disabilities; new public
buildings will be required to have such access.  The law is
mostly declarative, i.e., it does not stipulate specific
remedial measures or sanctions for not complying with these
measures.  The law requires that 4 percent of public sector
jobs be reserved for the disabled.

Section 6  Worker Rights

     a.  The Right of Association

The Constitution states that laws should promote the
organization of trade unions and the creation of arbitration
bodies.  In spite of this provision, there is almost a complete
lack of regulation of union activities.  Unions traditionally
organize and operate free of government regulation.  Civil
servants, employees of state-run enterprises, and private
enterprise workers may join unions.  An estimated 12 percent of
the work force is unionized.  Labor unions are independent of
political party control but have traditionally been more
closely associated with the Broad Front, the leftist political
coalition.

The Constitution also provides workers with the right to
strike, and there was significant strike activity during the
year.  The Government may legally compel workers to work during
a strike if their work is considered an essential service.  An
essential service is defined as one whose interruption "could
cause a grave prejudice or risk, provoking suffering to part or
all of the society."

There are no restrictions on a union's right to form
confederations or affiliate with international trade union
bodies, but the only union confederation is by choice not
officially affiliated with any of the world federations.  Some
individual unions are affiliated with international trade
secretariats.

     b.  The Right to Organize and Bargain Collectively

Collective bargaining between companies and their unions
determines most private sector salaries.  The executive branch,
acting independently or through tripartite salary councils it
convokes, determines public sector salaries.  In December 1993,
the Ministry of Labor and the public service unions signed an
agreement indexing salary increases to inflation which covers
most public service employees until March 1995; this resulted
in less strike activity in the public sector.

There are no laws prohibiting antiunion discrimination;
however, a 1993 executive decree established fines for
employees engaging in antiunion activities.  The law does not
require employers to reinstate workers fired for union
activities.  However, in cases of legal challenges by union
activists, courts tend to impose indemnization higher than the
normal payment for dismissed workers.

While no institutionalized mechanism exists for resolving
workers' complaints against employers, the law generally
prohibits discrimination by employers, including arbitrary
dismissals for union activity.  The International Labor
Organization (ILO), in a 1992 decision, noted the lack of
statutory provisions in this area, and said that the current
system of protection against antiunion practices does not
infringe ILO Convention 98 on the right to organize and bargain
collectively, but "could be improved in so far as accelerating
the procedure."

All labor legislation fully covers workers employed in
Uruguay's five special export zones.  There are no unions in
any of these zones, but there are as yet relatively few workers
in traditionally organizable occupations.

     c.  Prohibition of Forced or Compulsory Labor

The Constitution prohibits forced or compulsory labor, and
there is no evidence of its existence.

     d.  Minimum Age for Employment of Children

The Child Labor Code protects children; violations are
punishable by fines of up to $500.  The Ministry of Labor is
responsible for enforcing the code, and illegal child labor is
not a problem.  The law generally does not permit children
under 15 years of age to work, but 12-year-olds may be employed
if they have a special permit.  Children under the age of 18
may not perform dangerous, fatiguing, or night work.  Controls
over salaries and hours for children are more strict than those
for adults.  Children over the age of 16 may sue in court for
payment of wages, and children have the legal right to dispose
of their own income.  However, many children work as street
vendors in the expanding informal sector or in the agrarian
sector; they are generally less strictly regulated and receive
lower pay.

     e.  Acceptable Conditions of Work

A legislated minimum monthly wage, adjusted and enforced by the
Ministry of Labor, is in effect.  The minimum wage is adjusted
whenever public sector wages are adjusted, usually once every
4 months.  The minimum wage was about $84 (475 pesos) per month
at the end of the year.  It functions more as an index for
calculating wage rates than as a true measure of minimum
subsistence levels, and does not provide a decent standard of
living for a worker and family.

The standard workweek is 48 hours in industry and 44 hours in
commerce, with a 36-hour break each week.  The law stipulates
that industrial workers receive overtime compensation for work
in excess of 48 hours and that workers are entitled to 20 days
of paid vacation after a year of employment.

The Ministry of Labor and Social Security enforces legislation
regulating health and safety conditions in a generally
effective manner.  Some labor regulations cover urban
industrial workers more adequately than rural and agricultural
workers.  After several serious accidents and work stoppages to
protest the lack of safety standards in the construction
industry, the Ministry initiated a public service campaign,
with newspaper and television announcements, urging better
workplace safety practices.