AUTHOR:
U.S. Department of State
TITLE:
Country Reports on Human Rights Practices: Bhutan 2001
SOURCE:
U.S. Department of State
TEXT:
Bhutan
Bhutan is ruled by a hereditary monarch, King Jigme Singye Wangchuk, who governswith the support of a National Assembly and a Council of Ministers. There is no writtenconstitution to protect fundamental political and human rights. Since ascending thethrone in 1972, the King has continued the efforts toward social and politicalmodernization begun by his father. In the last few years, Bhutan has improved rapidly services in education, healthcare, sanitation, and communications, with parallel but slower development of representative governance anddecisionmaking. In recent years, Bhutan has adopted some measures to increase the power of the NationalAssembly. 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 BodyGuard), and a national militia maintain internal security. Some members of these forces committed human rightsabuses.
The economy is based on agriculture and forestry, which provide the main livelihood for 90 percent of the populationand account for approximately half of the gross domestic product (GDP). The gross national product (GNP) per capitais 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 importantexports. Strong trade and monetary ties link the economy closely to that of India. Hydroelectric power productionpotential and tourism are key resources, although the Government limits tourism because of inadequate infrastructureand environmental and cultural concerns. Tourist arrivals also are limited by a requirement that tourists purchase ahigh 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 theright to change their government. The King exercises strong, active, and direct power over the Government. TheGovernment 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, theGovernment established the Department of Legal Affairs as a result of a review of the Basic Law. Programs to build abody 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 limitationson freedom of religion. Approximately two-thirds of the government-declared population of 600,000 persons iscomposed of Buddhists with cultural traditions akin to those of Tibet. The Buddhist majority consists of two principalethnic and linguistic groups: The Ngalongs of the western part of the country and the Sharchops of the eastern partof the country. The remaining third of the population, ethnic Nepalese, most of whom are Hindus, live in the country'ssouthern districts. Government efforts to institute policies designed to preserve the cultural dominance of the Ngalongethnic group, to change citizenship requirements, and to control illegal immigration resulted in political protests, ethnicconflict, and repression of ethnic Nepalese in southern districts during the late 1980's and early 1990's. Tens ofthousands 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 campsin eastern Nepal; upwards of 15,000 reside outside of the camps in the Indian states of Assam and West Bengal. TheGovernment maintains that some of those in the camps never were citizens, and therefore have no right to return. In1998 the Government began resettling Buddhist Bhutanese from other regions of the country on land in southerndistricts vacated by the ethnic Nepalese living in refugee camps in Nepal, which is likely to complicate any futurereturn of the ethnic Nepalese.
The Government continues its negotiation with the Government of Nepal on procedures for the screening andrepatriation of ethnic Nepalese in the refugee camps. A ministerial-level bilateral meeting in November failed to resolvedisputes concerning the categorization of refugees in terms of eligibility for their eventual repatriation. TheGovernment restricts worker rights.
The Government claims that it has prosecuted government personnel for unspecified abuses committed in the early1990's; however, there is little indication that the Government has investigated adequately or punished any securityforce officials involved in torture, rape, and other abuses committed against ethnic Nepalese residents.
RESPECT FOR HUMAN RIGHTSSection 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 the1998 killing of Buddhist monk Gomchen Karma. The Government stated that the shooting was accidental, that theofficial responsible has been suspended from duty and charged in connection with the incident, and that his case wasbeing heard as of September 2000.
b. DisappearanceThere were no reports of politically motivated disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or PunishmentThe law prohibits torture and abuse; however, human rights advocates state that in practice the security forces ignorethese provisions. No one was prosecuted in connection with violating prohibitions against torture during the year. In1999 and 2000 there were reports that security forces stopped ethnic Nepalese refugees attempting to return to thecountry, beat them or tortured them, and sent them back across the border. Refugee groups state that this hasdiscouraged 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/orraped by security forces. During those years, the Government's ethnic policies and the crackdown on ethnicNepalese political agitation created a climate of impunity in which the Government tacitly condoned the physicalabuse of ethnic Nepalese. The Government denies that these abuses occurred but also claims that it hasinvestigated and prosecuted three government officials for unspecified abuses of authority during that period. Detailsof 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 Thimpuremain oppressive.
The Government and the ICRC signed a new Memorandum of Understanding in September 1998, extending the ICRCprison visits program for another 5 years. The ICRC conducted two prison visits during the year, as it has done foreach of the past 7 years, and was allowed unhindered access.
d. Arbitrary Arrest, Detention, or ExileArbitrary arrest and detention remain problems. Under the law, police may not arrest a person without a warrant andmust 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 inpolice training and practice. Incommunicado detention, particularly of Nepalese refugees returning withoutauthorization, is still known to occur. Incommunicado detention of suspected militants was a serious problem in theearly 1990's, but the initiation of ICRC prison visits and the establishment of an ICRC mail service between detaineesand family members has helped to allay this problem. Of those detained in connection with political dissidence andviolence 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 amember of the Youth Organization of Bhutan (the youth wing of the banned Bhutan People's Party) and had gone tothe country to check on the internal resettlement of non-Nepalese to the south. Amnesty International (AI) has notreceived a response to queries about the charges against him, his whereabouts, and his physical condition, althoughaccording to one human rights group Pulami is in Chemgang Jail in Thimpu. According to AI, Tul Man Tamang, a30-year-old construction worker was arrested in June on suspicion of organizing political activities. He reportedly wastaken to a police station at Chimakothi in Chhukha district where he allegedly was tortured, held incommunicado in adark cell, and forced to sign a statement saying he was leaving the country voluntarily before being forcibly exiled toIndia. Ugyen Tenzing, a member of the Druk-Yul Peoples' Democratic Party, reportedly was arrested in Samtse districtin June. N.L. Katwal, a central committee member of the Bhutan Gorkha National Liberation Front, was one of morethan 55 persons arrested during a demonstration in Phuntsholing in April 2000. In December 2000 he was sentencedto 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 Bhutenese government are motivatedpolitically and constitute an attempt by the Government to suppress his prodemocracy activities. In June 1998, anIndian court released Dorji on bail but placed restrictions on his movements. Dorji's extradition case still is pending inthe Indian courts and is proceeding slowly. According to a refugee-based human rights group, only one prosecutionwitness, a Joint Secretary in India's Ministry of External Affairs, has been cross-examined in the last 40 months. Thenext 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 theDNC. Only one such arrest was reported in 2000 and one during the year, but human rights groups allege that arrestand abuse of refugees returning to the country without authorization continue to occur but go unreported by theGovernment. There were no peaceful protest marches from India to Bhutan during the year, perhaps due to fear ofarrests and deportation, as occurred in previous years after such marches. Persons holding peaceful marches fromIndia to Bhutan charge that in 1999 the Bhutanese police assaulted them, injuring several demonstrators, and thenarrested and deported all of the marchers to Nepal (see Section 5). By one estimate, approximately 100 marcherswere arrested and deported in 1999. The Government acknowledged that 58 persons whom it described as terroristswere 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 underGovernment amnesties state that they were released on the condition that they depart the country. Many of themsubsequently registered at refugee camps in Nepal. The Government denies this.
e. Denial of Fair Public TrialThere 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 therecommendation of the Chief Justice and may be removed by the King. Village headmen adjudicate minor offensesand administrative matters.
An Office of Legal Affairs (OLA) was established in March 2000. The responsibilities of the OLA are to conduct stateprosecutions, draft and review legislation, and render legal counsel. By September a department head and all staffwere in place. The OLA is composed of a Legal Services Division (which eventually is to become the Ministry of Lawand Justice) with domestic, international, and human rights sections; and a Prosecution Division (which eventually isto 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 andrevised in 1958 and 1965. State-appointed prosecutors file charges and prosecute cases for offenses against theState. In other cases, the relevant organizations and departments of government file charges and conduct theprosecution. Defendants are supposed to be presented with written charges in languages that they understand andgiven time to prepare their own defense. However, according to some political dissidents this practice is not alwaysfollowed. In cases where defendants cannot write their own defense, courts assign judicial officers to assistdefendants. There were reports that defendants receive legal representation at trial, and that they may choose from alist of 150 government-licensed and employed advocates to assist with their defense; however, it is not known howmany defendants actually receive such assistance. A legal education program gradually is building a body of personswho have received formal training abroad in the law. For example, the Government sends many lawyers to India andother countries for legal training; 54 persons have completed legal studies abroad, and 43 more are enrolled. Villageheadmen, 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 todistrict judges, of which there is one for each of the country's 20 districts. The High Court in Thimphu is the country'ssupreme court.
Defendants have the right to appeal to the High Court and may make a final appeal to the King, who traditionallydelegates the decision to the Royal Advisory Council. Trials are supposed to be conducted in open hearings, butthere 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'sreligion: Buddhist tradition for the majority of the population and Hindu tradition for the ethnic Nepalese. Nonethelessthe 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 orviolence, 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. Amongthem were 40 persons convicted of "antinational" offenses, including Tek Nath Rizal, a prominent ethnic Nepalesedissident, and internationally recognized political prisoner. He was convicted in 1992 of "antinational" crimes, includingwriting and distributing political pamphlets and attending political meetings. In 2000 Rizal was granted permission toleave 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 CorrespondenceThere are no laws providing for these rights. According to human rights groups, police regularly conducthouse-to-house searches for suspected dissidents without explanation or legal justification. The Government requiresall citizens, including minorities, to wear the traditional dress of the Buddhist majority when visiting Buddhist religiousbuildings, monasteries, or government offices; in schools, and when attending official functions and publicceremonies.
Section 2 Respect for Civil Liberties, Including:a. Freedom of Speech and PressThe Government restricts freedom of speech, and to a lesser extent freedom of the press. The country's only regularpublication is Kuensel, a weekly newspaper with a circulation of 15,000. It also reports stories on a daily basisthrough its on-line edition. Kuensel was formerly government-run, and human rights groups in the past stated thatgovernment 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 amix 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 ofgovernment policies in the National Assembly. The Government maintains that there are no restrictions on individualsstarting new publications, but that the market is too small to support any. Nepalese, Indian, and other foreignnewspapers and magazines are available, but readership is in the hundreds and primarily limited to governmentofficials.
After a 10-year ban on private television reception, in 1999 the Government introduced local television broadcastingwith the inauguration of the Bhutan Broadcasting Service. The service broadcasts locally produced and foreignprograms. In late 1999 the Government began licensing cable operators. There are more than 27 cable providers inthe 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 majorlanguages (Dzongkha, Nepali, English, and Sharchop).
The Government inaugurated the country's first Internet service provider, Druknet, in June 1999; it had 1,820subscribers as of late 2000. There are internet cafes in Thimpu, Phuentsholing and Bumthang. The Government doesnot 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 AssociationThe Government restricts freedom of assembly and association. Citizens may engage in peaceful assembly andassociation only for purposes approved by the Government. Although the Government allows civic and businessorganizations, there are no legally recognized political parties. The Government regards parties organized by ethnicNepalese exiles--the Bhutan People's Party (BPP), the Bhutan National Democratic Party (BNDP), and the DrukNational Congress--as "terrorist and antinational" organizations and has declared them illegal. These parties, whichseek the repatriation of refugees and democratic reform, do not conduct activities inside the country.
c. Freedom of ReligionThe Government restricts freedom of religion. The Drukpa branch of the Kagyupa School of Mahayana Buddhism isthe 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 inhabitedmainly 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 practicedpredominantly in the eastern part of the country, although there are adherents, including the royal family, in otherareas. Most of those living in the east are ethnic Sharchops--the descendants of those thought to be the country'soriginal inhabitants. The Government subsidizes monasteries and shrines of the Drukpa sect and provides aid toapproximately one-third of the Kingdom's 12,000 monks. The Government also provides financial assistance for theconstruction of Drukpa Kagyupa and Ningmapa Buddhist temples and shrines. In the early 1990's, the Governmentprovided funds for the construction of new Hindu temples and centers of Sanskrit and Hindu learning and for therenovation of existing temples and places of Hindu learning. The Drukpa branch of Buddhism enjoys statutoryrepresentation in the National Assembly (Drukpa monks occupy 10 seats in the 150-member National Assembly) andin the Royal Advisory Council (Drukpa monks hold 2 of the 11 seats on the Council); the Drukpa branch is aninfluential voice on public policy. Citizens of other faiths, mostly Hindus, enjoy freedom of worship but may notproselytize. Followers of religions other than Buddhism and Hinduism generally are free to worship in private homesbut may not erect religious buildings or congregate in public. Under the law, conversions are illegal. Some of thecountry's few Christians, mostly ethnic Nepalese living in the south, state that they are subject to harassment anddiscrimination 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. Foreignmissionaries are not permitted to proselytize, but international Christian relief organizations and Jesuit priests areactive in education and humanitarian activities. The Government restricts the import into the country of printedreligious 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, butteaching of other religious faiths is not. Applicants for government services sometimes are asked their religion beforeservices are rendered. All government civil servants, regardless of religion, are required to take an oath of allegianceto the King, the country, and the people. The oath does not have religious content, but a Buddhist lama administersit.
d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and RepatriationCitizens 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 treatycitizens 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 internationalrefugee law; however, the Government has not formulated a policy regarding refugees, asylees, first asylum, or thereturn of refugees to countries in which they fear persecution.
According to one credible human rights source, until recently the Government systematically arrested and imprisonedTibetan refugees crossing the border with Tibet. This policy was followed under a tacit agreement with China. Soinvariable was this policy that Tibetan leaders advised refugees not to use routes of escape through Bhutan, andrefugees have not done so for several years. Since Tibetans effectively are the only refugee population seeking firstasylum 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 GovernmentCitizens do not have the right to change their government. The country is a monarchy with sovereign power vested inthe King. In 1998 the King devolved his day-to-day executive powers to the Council of Ministers, who are elected bythe National Assembly from among themselves, but reserved control of "matters of national sovereignty and nationalsecurity" for himself. He also introduced term limits for his Council of Ministers and proposed measures to increasethe role of the National Assembly in the formation of his Government. The National Assembly elected a new Council ofMinisters and Government in July 1998 to a 5-year term. In July the National Assembly elected six Royal AdvisoryCouncilors. There are elected or partially elected assemblies at the local, district, and national levels, and theGovernment claims to encourage decentralization and citizen participation. These elections are conducted in muchthe same way as National Assembly elections. Since 1969 the National Assembly has had the power to removeministers whom the King appoints, but it never has done so. Political authority ultimately resides in the King, anddecisionmaking involves only a small number of officials. Officials subject to questioning by the National Assemblyroutinely make major decisions, but the National Assembly is not known to have overturned any decisions reached bythe King and government officials.
Political parties do not exist legally, and the Government discourages their formation as divisive. The Government hasbanned 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 areselected by a part of the Buddhist clergy, and the remaining 35 are appointed by the King to represent theGovernment. The National Assembly, which meets irregularly, has little independent authority. However, there areefforts underway to have the National Assembly meet on a more regular basis, and in recent years the King and theCouncil of Ministers have been more responsive to the National Assembly's concerns. The procedures for thenomination 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 beenterminated or compulsorily retired for misconduct from government service; not have committed any act of treasonagainst the King, the populace, and country; have no criminal record or any criminal case pending against him; haverespect for the nation's laws; and be able to read and write in Dzongkha (the language, in several dialects, spoken byBhutanese Buddhists).
Each National Assembly constituency consists of a number of villages. Each village is permitted to nominate onecandidate but must do so by consensus. There is no provision for self-nomination, and the law states that no personmay campaign for the candidacy or canvass through other means. If more than one village within a constituency putsforward a candidate, an election is conducted by the district development committee, and the candidate obtaining asimple majority of votes cast is declared the winner. Individuals do not have the right to vote; every family in a villageis entitled to one vote in elections. The law does not make clear how a candidate is selected if none achieves asimple majority. However, it does state that in case of a tie among the candidates in the election, selection shall bemade 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 NationalAssembly representative is when they are asked for consensus approval of a village candidate by the villageheadman. 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 ofnational importance. Voting is by secret ballot, with a simple majority needed to pass a measure. The King may notformally veto legislation, but may return bills for further consideration. The Assembly occasionally rejects the King'srecommendations or delays implementing them, but in general, the King has enough influence to persuade theAssembly to approve legislation that he considers essential or to withdraw proposals he opposes. The Assembly mayquestion government officials and force them to resign by a two-thirds vote of no confidence; however, the NationalAssembly never has compelled any government official to resign. The Royal Civil Service Commission is responsiblefor disciplining subministerial level government officials and has removed several following their convictions forcrimes, including embezzlement.
In 1998 the King issued a decree setting out several measures intended to increase the role of the National Assemblyin the formation and dissolution of his Government. The decree, later adopted by the 76th session of the NationalAssembly, provided that all cabinet ministers are to be elected by the National Assembly and that the roles andresponsibilities of the cabinet ministries are to be spelled out. Each cabinet minister is to be elected by simplemajority in a secret ballot in the National Assembly from among candidates nominated by the King. The King is toselect nominees for cabinet office from among senior government officials holding the rank of secretary or above. TheKing is to determine the portfolios of his ministers, whose terms are limited to 5 years, after which they must pass avote of confidence in the National Assembly in order to remain in office. Finally the decree provided that the NationalAssembly, by a two-thirds vote of no confidence, can require the King to abdicate and to be replaced by the nextperson in the line of succession. After adopting the decree, the National Assembly elected a new council of ministersconsistent 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 Chairmanof the Council of Ministers in 1998. Based on an election held in the National Assembly in 1998, Cabinet Ministers whoreceived the most votes rotate the position on a yearly basis. The Chairman of the Council of Ministers serves asPrime 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. Thepersistence of traditional gender roles apparently accounts for a low proportion of women in government, althoughwomen have made visible gains. A total of 15 women hold seats in the National Assembly, 23 percent of civil serviceemployees 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 inthe National Assembly, including 14 ethnic Nepalese.
Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations ofHuman RightsThere are no legal human rights nongovernmental organizations (NGO's) in the country. The Government regardshuman rights groups established by ethnic Nepalese exiles--the Human Rights Organization of Bhutan, the People'sForum for Human Rights in Bhutan, and the Association of Human Rights Activists-Bhutan--as political organizationsand 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 todetention facilities, including those in southern districts inhabited by ethnic Nepalese. The chairman and members ofthe 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 StatusOngoing government efforts to cultivate a national identity rooted in the language, religion, and culture of the Ngalongethnic group restrict cultural expression by other ethnic groups. In the late 1980's and early 1990's, the Governmentinstituted policies designed to preserve the cultural dominance of the Ngalong ethnic group. It also committed manyabuses against the ethnic Nepalese, which led to the departure of tens of thousands of them. Many ethnic Nepalesewere expelled forcibly, and almost 100,000 of them remain in refugee camps in Nepal. At the time, the Governmentclaimed that it was concerned about the rapid population growth of and political agitation by the ethnic Nepalese. TheGovernment claims that ethnic and gender discrimination in employment is not a problem. It claims that ethnicNepalese 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 approximately35 percent of the country's population and that the Government underreports their number. Women are accordedrespect in the traditions of most ethnic groups, although some exile groups claim that gender discrimination is aproblem.
Women There is no evidence that rape or spousal abuse are extensive problems. For example, in 1999 there were 10 reportedrapes nationwide. In the south, in the early 1990s, there were widespread reports of the rape of large numbers ofethnic 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 sexualassault and specifies penalties. In cases of rape involving minors, sentences range from 5 to 17 years. In extremecases, 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 allsons and daughters, but traditional inheritance practices, which vary among ethnic groups, may be observed if theheirs choose to forego legal challenges. Dowry is not customary, even among ethnic Nepalese Hindus. Among somegroups, inheritance practices favoring daughters reportedly account for the large numbers of women who own shopsand 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 arefound among senior officials and private sector entrepreneurs, especially in the tourism industry. Women in unskilledjobs generally are paid slightly less than men.
Polygamy is allowed, provided the first wife gives her permission. Marriages may be arranged by the marriage partnersthemselves as well as by their parents. Divorce is common. Existing legislation requires that all marriages must beregistered; it also favors women in matters of alimony.
ChildrenThe 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 droppedsignificantly since 1989. The Government provides free and compulsory primary school education, and primary schoolenrollment 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 from39 percent in 1990 to 45 percent during the year. In 1999 the participation rate for children in primary schools wasestimated at 72 percent, with the rate of completion of 7 years of schooling at 60 percent for girls and at 59 percentfor boys. There is no law barring ethnic Nepalese children from attending school. However, most of the 75 primaryschools in southern areas heavily populated by ethnic Nepalese that were closed in 1990 remain closed. The closureof the schools acts as an effective barrier to the ability of the ethnic Nepalese in southern areas to obtain a primaryeducation. Exile groups claim that Nepalese students scoring highly on national exams are not always given the sameadvantages as other students (such as the chance to study abroad at government expense), particularly if they arerelated to prominent dissidents or refugees.
There is no societal pattern of abuse against children. Children enjoy a privileged position in society and benefit frominternational development programs focused on maternal and child welfare. A study by the United Nations Children'sFund (UNICEF) found that boys and girls receive equal treatment regarding nutrition and health care and that there islittle difference in child mortality rates between the sexes.
Persons with DisabilitiesThere is no evidence of official discrimination toward persons with disabilities, but the Government has not passedlegislation mandating accessibility for persons with disabilities. Societal discrimination against persons with disabilitiesremains a problem.
National/Racial/Ethnic MinoritiesEthnic Nepalese have lived in the southern part of the country for centuries, and the early phases of economicdevelopment at the turn of the century brought a large influx of additional ethnic Nepalese. Early efforts at nationalintegration focused on assimilation, including financial incentives for intermarriage, education for some students inregions 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 aggressivegovernment 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 asDrukpa. Drukpa is based on the customs of the non-ethnic Nepalese Ngalong ethnic group predominant in the westernpart of the country. Measures included a requirement that national dress be worn for official occasions and as aschool uniform, the teaching of Dzongkha as a second language in all schools, and an end to instruction in Nepali asa second languageDuring the mid- and late 1980's, citizenship became a highly contentious matter. Requirements for citizenship firstwere formalized in the Citizenship Law of 1958, which granted citizenship to all adults who owned land and had lived inthe country for at least 10 years. However, in 1985 a new citizenship law significantly tightened requirements forcitizenship and resulted in the denaturalization of many ethnic Nepalese. The 1985 law required that both parents becitizens in order to confer citizenship on a child, and that persons seeking to prove citizenship through their own ortheir parents' residency in 1958 be able to prove residency in the country at that time. In many cases, persons wereunable to produce the documentation necessary, such as land tax receipts from 1958, to show residency. The lawpermits residents who lost citizenship under the 1985 law to apply for naturalization if they can prove residence duringthe 15 years prior to that time. The Government declared all residents who could not meet the new citizenshiprequirements to be illegal immigrants. Beginning in 1988, the Government expelled large numbers of ethnic Nepalesethrough enforcement of the new citizenship laws.
The 1985 Citizenship Act also provides for the revocation of the citizenship of any naturalized citizen who "has shownby act or speech to be disloyal in any manner whatsoever to the King, country, and people of Bhutan." The HomeMinistry later declared in a circular that any nationals leaving the country to assist "antinationals," and the families ofsuch persons, would forfeit their citizenship. Human rights groups allege that these provisions were used widely torevoke the citizenship of ethnic Nepalese who subsequently were expelled or otherwise departed from the country. Inresponse to the perceived repression, ethnic Nepalese protested, sometimes violently. The protests were led by theBhutan 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 itsactivities and ordered the closure of local Nepalese schools, clinics, and development programs after several wereraided or bombed by dissidents. There were credible reports that many ethnic Nepalese activists were beaten andtortured while in custody, and that security forces committed acts of rape. There also were credible reports thatmilitants, 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 fairvalue and to emigrate. Beginning in 1991, ethnic Nepalese began to leave southern areas of the country in largenumbers and take refuge in Nepal. Many ethnic Nepalese also were forced to sign "voluntary migration forms" whereinthey 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 ofJune 2000. An additional 15,000 refugees, according to UNHCR estimates, are living outside the camps in Nepal andIndia.
Ethnic Nepalese political groups in exile complain that the revision of the country's citizenship laws in 1985denaturalized tens of thousands of former residents of Bhutan. They also complain that the new laws have beenapplied selectively and make unfair demands for documentation on a largely illiterate group in a country that onlyrecently has adopted basic administrative procedures. They claim that many ethnic Nepalese whose families havebeen 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 southerndistricts, 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 Indiancitizens who came to the country after the enactment of the 1958 Citizenship law but were not detected until acensus in 1988. The Government also claims that many persons registered in the camps as refugees never may haveresided in the country. Finally the Government contends that some ethnic Nepalese left the country voluntarily, thusrenouncing their Bhutanese citizenship. Human rights organizations credibly dispute this claim. A royal decree in 1991made forcible expulsion of a citizen a criminal offense. Nevertheless only three officials ever were punished forabusing their authority during this period (see Section 1.c.). According to the UNHCR, the overwhelming majority ofrefugees who entered the camps since screening began in June 1993 have documentary proof of Bhutanesenationality. Random checks and surveys of camp residents--including both pre-and post-June 1993 arrivals--bear thisout.
Since 1994 there has been a series of negotiations between Nepal and Bhutan to resolve the Bhutanese refugeeproblem. In late December 2000, the two countries agreed upon a system to verify the nationality of Bhutaneserefugees in Nepal in preparation for their return to the country. Refugee verifications began in March. By December allthe residents of the first camp had been interviewed, and the Bhutanese verification team went back to Thimpupending the start of verification at the next camp. Refugee groups are concerned that at the present rate, verificationwill take several years. Bilateral negotiations on repatriation issues in November failed to arrive at an agreement, andthe 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 toreturn to Bhutan. The marchers charged that the Bhutanese police assaulted them during each march, injuring severaldemonstrators, and then arrested and deported all of the marchers. A resolution adopted by the National Assembly in1997 prohibits the still-resident family members of ethnic Nepalese refugees from holding jobs with the Government orin the armed forces. Under the resolution, those holding such jobs were to be retired involuntarily. The Governmentmade 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 ofgovernment service.
The Government also began a program in 1998 of resettling Buddhist Bhutanese from other regions of the country onland in the southern part of the country vacated by the ethnic Nepalese living in refugee camps in Nepal. Humanrights groups maintain that this action prejudices any eventual outcome of negotiations over the return of therefugees to the country. The Government maintains that this is not its first resettlement program and that Bhutanesecitizens who are ethnic Nepalese from the south sometimes are resettled on more fertile land in other parts of thecountry. The failure of the Government to permit the return of ethnic Nepalese refugees has tended to reinforcesocietal prejudices against this group, as has the Government's policy on the forced retirement of refugee familymembers in government service and the resettlement of Buddhists on land vacated by expelled ethnic Nepalese in thesouth.
Section 6 Worker Rightsa. The Right of AssociationTrade unions are not permitted, and there are no labor unions. Workers do not have the right to strike, and theGovernment is not a member of the International Labor Organization. The Government maintains that, with very littleindustrialization, there is little labor to be organized.
b. The Right to Organize and Bargain CollectivelyThere is no collective bargaining in industry. Industry accounts for approximately 25 percent of the GDP, but employsonly a minute fraction of the total work force. The Government affects wages in the manufacturing sector through itscontrol over wages in state-owned industries.
There are no export processing zones.
c. Prohibition of Forced or Compulsory LaborThe Government prohibits forced or compulsory labor, and there were no reports that such practices occurred. Thereis no evidence to suggest that domestic workers are subjected to coerced or bonded labor. The law does notspecifically 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 EmploymentThe law sets the minimum age for employment at 18 years for citizens and 20 years for noncitizens. A UNICEF studysuggested that children as young as 11 years sometimes are employed with roadbuilding teams, which usually aremade up of non-Bhutanese guest workers. Children often do agricultural work and chores on family farms. The lawspecifically does not prohibit forced and bonded labor by children, but such practices are not known to occur (seeSection 6.c.). The country has not ratified ILO Convention 182 on the Worst Forms of Child Labor; however, as astate party to the U.N. Convention on the Rights of the Child, the Government supports the provisions containedtherein. The country lacks a large pool of ready labor; for major projects, such as road works, the Government bringsin hired laborers from India.
e. Acceptable Conditions of WorkA circular that went into effect in 1994 established wage rates, rules and regulations for labor recruiting agencies, andthe regulations for payment of workmen's compensation. Wage rates are revised periodically, and range upward froma minimum of roughly $2.50 (100 ngultrums) per day plus various allowances paid in cash or kind. This minimum wageprovides a decent standard of living for a worker and family. The workday is defined as 8 hours with a 1-hour lunchbreak. Work in excess of this must be paid at one and one-half times normal rates. Workers paid on a monthly basisare entitled to 1 day's paid leave for 6 days of work and 15 days of leave annually. The largest salaried work force isthe government service, which has an administered wage structure last revised in 1988 but supplemented by specialallowances and increases. The last such increase was in 1999. According to the latest Census of ManufacturingIndustries, only 38 industrial establishments employ more than 50 workers. Smaller industrial units include 39 plantsof medium size, 345 small units, 832 cottage industry units, and 2,154 "mini" units. The Government favorsfamily-owned farms. Land laws prohibit a farmer from selling his or her last 5 acres and require the sale of holdings inexcess of 25 acres. This, along with the country's rugged geography, results in a predominantly self-employedagricultural workforce. Workers are entitled to free medical care within the country. Cases that cannot be dealt with inthe country are flown to other countries (usually India) for treatment. Workers are eligible for compensation for partialor total disability, and in the event of death their families are entitled to compensation. Existing labor regulations donot grant workers the right to remove themselves from work situations that endanger health and safety withoutjeopardizing their continued employment.
f. Trafficking in PersonsThe law does not specifically prohibit trafficking in persons; however, there were no reports that persons weretrafficked to, from, or within the country.
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20020304