[Senate Prints 112-30, Volume I]
[From the U.S. Government Printing Office]
112th Congress 1st
Session JOINT COMMITTEE PRINT S. Prt.
112-30
_______________________________________________________________________
COUNTRY REPORTS ON HUMAN RIGHTS
PRACTICES FOR 2010
VOLUME I
----------
R E P O R T
SUBMITTED TO THE
COMMITTEE ON FOREIGN RELATIONS
US SENATE
AND THE
COMMITTEE ON FOREIGN AFFAIRS
US HOUSE OF REPRESENTATIVES
BY THE
DEPARTMENT OF STATE
IN ACCORDANCE WITH SECTIONS 116(d) AND 502B(b) OF THE FOREIGN
ASSISTANCE ACT OF 1961, AS AMENDED
COUNTRY REPORTS ON HUMAN RIGHTS PRACTICES FOR 2010
VOLUME I
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112th Congress
1st Session JOINT COMMITTEE PRINT S. Prt.
112-30
_______________________________________________________________________
COUNTRY REPORTS ON HUMAN RIGHTS
PRACTICES FOR 2010
VOLUME I
__________
R E P O R T
SUBMITTED TO THE
COMMITTEE ON FOREIGN RELATIONS
US SENATE
AND THE
COMMITTEE ON FOREIGN AFFAIRS
US HOUSE OF REPRESENTATIVES
BY THE
DEPARTMENT OF STATE
IN ACCORDANCE WITH SECTIONS 116(d) AND 502B(b) OF THE FOREIGN
ASSISTANCE ACT OF 1961, AS AMENDED
?
COMMITTEE ON FOREIGN RELATIONS
JOHN F. KERRY, Massachusetts, Chairman
BARBARA BOXER, California RICHARD G. LUGAR, Indiana
ROBERT MENENDEZ, New Jersey BOB CORKER, Tennessee
BENJAMIN L. CARDIN, Maryland JAMES E. RISCH, Idaho
ROBERT P. CASEY, Jr., Pennsylvania MARCO RUBIO, Florida
JIM WEBB, Virginia JAMES M. INHOFE, Oklahoma
JEANNE SHAHEEN, New Hampshire JIM DeMINT, South Carolina
CHRISTOPHER A. COONS, Delaware JOHNNY ISAKSON, Georgia
RICHARD J. DURBIN, Illinois JOHN BARRASSO, Wyoming
TOM UDALL, New Mexico MIKE LEE, Utah
Frank G. Lowenstein, Staff Director
Kenneth A. Myers, Jr., Republican Staff Director
COMMITTEE ON FOREIGN AFFAIRS
ILEANA ROS-LEHTINEN, Florida, Chairman
CHRISTOPHER H. SMITH, New Jersey HOWARD L. BERMAN, California
DAN BURTON, Indiana GARY L. ACKERMAN, New York
ELTON GALLEGLY, California ENI F.H. FALEOMAVAEGA, American
DANA ROHRABACHER, California Samoa
DONALD A. MANZULLO, Illinois DONALD M. PAYNE, New Jersey
EDWARD R. ROYCE, California BRAD SHERMAN, California
STEVE CHABOT, Ohio ELIOT L. ENGEL, New York
RON PAUL, Texas GREGORY W. MEEKS, New York
MIKE PENCE, Indiana RUSS CARNAHAN, Missouri
JOE WILSON, South Carolina ALBIO SIRES, New Jersey
CONNIE MACK, Florida GERALD E. CONNOLLY, Virginia
JEFF FORTENBERRY, Nebraska THEODORE E. DEUTCH, Florida
MICHAEL T. McCAUL, Texas DENNIS CARDOZA, California
TED POE, Texas BEN CHANDLER, Kentucky
GUS M. BILIRAKIS, Florida BRIAN HIGGINS, New York
JEAN SCHMIDT, Ohio ALLYSON SCHWARTZ, Pennsylvania
BILL JOHNSON, Ohio CHRISTOPHER S. MURPHY, Connecticut
DAVID RIVERA, Florida FREDERICA WILSON, Florida
MIKE KELLY, Pennsylvania KAREN BASS, California
TIM GRIFFIN, Arkansas WILLIAM KEATING, Massachusetts
TOM MARINO, Pennsylvania DAVID CICILLINE, Rhode Island
JEFF DUNCAN, South Carolina
ANN MARIE BUERKLE, New York
RENEE ELLMERS, North Carolina
Yleem D.S. Poblete, Staff Director
Richard J. Kessler, Democratic Staff Director
(ii)
C O N T E N T S
----------
Page
Letter of Transmittal............................................ ix
Preface.......................................................... xi
Overview and Acknowledgments..................................... xiii
Introduction..................................................... xvii
Volume I
Africa
Angola....................................................... 1
Benin........................................................ 20
Botswana..................................................... 30
Burkina Faso................................................. 41
Burundi...................................................... 51
Cameroon..................................................... 72
Cape Verde................................................... 92
Central African Republic, The................................ 98
Chad......................................................... 122
Comoros...................................................... 137
Congo, Democratic Republic of the............................ 143
Congo, Republic of the....................................... 186
Cote d'Ivoire................................................ 196
Djibouti..................................................... 218
Equatorial Guinea............................................ 227
Eritrea...................................................... 240
Ethiopia..................................................... 257
Gabon........................................................ 284
Gambia, The.................................................. 292
Ghana........................................................ 305
Guinea....................................................... 320
Guinea-Bissau................................................ 335
Kenya........................................................ 344
Lesotho...................................................... 368
Liberia...................................................... 384
Madagascar................................................... 395
Malawi....................................................... 408
Mali......................................................... 419
Mauritania................................................... 429
Mauritius.................................................... 444
Mozambique................................................... 452
Namibia...................................................... 465
Niger........................................................ 479
Nigeria...................................................... 493
Rwanda....................................................... 525
Sao Tome and Principe........................................ 544
Senegal...................................................... 549
Seychelles................................................... 565
Sierra Leone................................................. 571
Somalia...................................................... 589
South Africa................................................. 610
Sudan........................................................ 628
Swaziland.................................................... 655
Tanzania..................................................... 670
Togo......................................................... 692
Uganda....................................................... 702
Zambia....................................................... 728
Zimbabwe..................................................... 744
East Asia and the Pacific
Australia.................................................... 783
Brunei Darussalam............................................ 794
Burma........................................................ 801
Cambodia..................................................... 823
China (includes Tibet, Hong Kong, and Macau)................. 843
Tibet.................................................... 882
Hong Kong................................................ 891
Macau.................................................... 906
Fiji......................................................... 914
Indonesia.................................................... 928
Japan........................................................ 949
Kiribati..................................................... 961
Korea, Democratic People's Republic of....................... 966
Korea, Republic of........................................... 979
Laos......................................................... 989
Malaysia..................................................... 999
Marshall Islands............................................. 1026
Micronesia, Federated States of.............................. 1032
Mongolia..................................................... 1038
Nauru........................................................ 1050
New Zealand.................................................. 1054
Palau........................................................ 1061
Papua New Guinea............................................. 1066
Philippines.................................................. 1076
Samoa........................................................ 1093
Singapore.................................................... 1101
Solomon Islands.............................................. 1116
Taiwan....................................................... 1123
Thailand..................................................... 1132
Timor-Leste.................................................. 1160
Tonga........................................................ 1169
Tuvalu....................................................... 1175
Vanuatu...................................................... 1180
Vietnam...................................................... 1187
Europe and Eurasia
Albania...................................................... 1213
Andorra...................................................... 1224
Armenia...................................................... 1229
Austria...................................................... 1261
Azerbaijan................................................... 1270
Belarus...................................................... 1295
Belgium...................................................... 1332
Bosnia and Herzegovina....................................... 1340
Bulgaria..................................................... 1358
Croatia...................................................... 1371
Cyprus....................................................... 1389
Czech Republic............................................... 1415
Denmark...................................................... 1433
Estonia...................................................... 1441
Finland...................................................... 1449
France....................................................... 1460
Georgia...................................................... 1472
Germany...................................................... 1515
Greece....................................................... 1530
Hungary...................................................... 1547
Iceland...................................................... 1565
Ireland...................................................... 1573
Italy........................................................ 1581
Kosovo....................................................... 1594
Latvia....................................................... 1615
Liechtenstein................................................ 1626
Lithuania.................................................... 1631
Luxembourg................................................... 1643
Macedonia.................................................... 1648
Malta........................................................ 1663
Moldova...................................................... 1673
Monaco....................................................... 1699
Montenegro................................................... 1703
Netherlands.................................................. 1730
Norway....................................................... 1741
Poland....................................................... 1750
Portugal..................................................... 1766
Romania...................................................... 1773
Russia....................................................... 1796
San Marino................................................... 1840
Serbia....................................................... 1844
Slovakia..................................................... 1861
Slovenia..................................................... 1877
Spain........................................................ 1885
Sweden....................................................... 1896
Switzerland.................................................. 1907
Turkey....................................................... 1917
Ukraine...................................................... 1939
United Kingdom............................................... 1965
START HERE deg.Volume II
Near East and North Africa
Algeria...................................................... 1979
Bahrain...................................................... 1996
Egypt........................................................ 2009
Iran......................................................... 2027
Iraq......................................................... 2061
Israel and the occupied territories.......................... 2089
Jordan....................................................... 2139
Kuwait....................................................... 2157
Lebanon...................................................... 2169
Libya........................................................ 2188
Morocco...................................................... 2203
Oman......................................................... 2222
Qatar........................................................ 2230
Saudi Arabia................................................. 2243
Syria........................................................ 2266
Tunisia...................................................... 2288
United Arab Emirates......................................... 2305
Western Sahara............................................... 2317
Yemen........................................................ 2324
South and Central Asia
Afghanistan.................................................. 2347
Bangladesh................................................... 2372
Bhutan....................................................... 2395
India........................................................ 2403
Kazakhstan................................................... 2437
Kyrgyz Republic.............................................. 2457
Maldives..................................................... 2472
Nepal........................................................ 2485
Pakistan..................................................... 2505
Sri Lanka.................................................... 2541
Tajikistan................................................... 2560
Turkmenistan................................................. 2573
Uzbekistan................................................... 2586
Western Hemisphere
Antigua and Barbuda.......................................... 2609
Argentina.................................................... 2614
Bahamas, The................................................. 2630
Barbados..................................................... 2640
Belize....................................................... 2646
Bolivia...................................................... 2655
Brazil....................................................... 2668
Canada....................................................... 2688
Chile........................................................ 2702
Colombia..................................................... 2713
Costa Rica................................................... 2742
Cuba......................................................... 2754
Dominica..................................................... 2768
Dominican Republic........................................... 2775
Ecuador...................................................... 2794
El Salvador.................................................. 2812
Grenada...................................................... 2827
Guatemala.................................................... 2833
Guyana....................................................... 2850
Haiti........................................................ 2859
Honduras..................................................... 2873
Jamaica...................................................... 2892
Mexico....................................................... 2904
Nicaragua.................................................... 2923
Panama....................................................... 2940
Paraguay..................................................... 2957
Peru......................................................... 2970
Saint Kitts and Nevis........................................ 2987
Saint Lucia.................................................. 2991
Saint Vincent and the Grenadines............................. 2997
Suriname..................................................... 3003
Trinidad and Tobago.......................................... 3011
Uruguay...................................................... 3020
Venezuela.................................................... 3028
Appendixes
Appendix A: Notes on preparation of Report................... 3061
Appendix B: Reporting on Worker Rights....................... 3069
Appendix C: Selected International Human Rights Conventions.. 3071
Appendix D: Description of International Human Rights
Conventions in Appendix C.................................. 3079
Appendix E: FY 2010 Foreign Assistance Actuals............... 3081
Appendix F: United Nations General Assembly's Third Committee
Country Resolution Votes 2010.............................. 3107
Appendix G: United Nations Universal Declaration of Human
Rights..................................................... 3115
?
LETTER OF TRANSMITTAL
----------
Department of State,
Washington, DC, April 8, 2011.
Hon. John F. Kerry,
Chairman, Committee on Foreign Relations.
Dear Mr. Chairman: On behalf of the Secretary of State, I
am transmitting to you the Country Reports on Human Rights
Practices for 2010, prepared in compliance with sections
116(d)(1) and 502B(b) of the Foreign Assistance Act of 1961, as
amended, and section 505(c) of the Trade Act of 1974, as
amended.
We hope this report is helpful. Please let us know if we
can provide any further information.
Sincerely,
Michael H. Posner,
Assistant Secretary, Bureau of Democracy,
Human Rights, and Labor.
Enclosure.
(ix)
PREFACE
----------
Today, the eyes of the world are focused on the Middle East
and North Africa, where people are demanding that their
governments live up to the guiding principle of the Universal
Declaration of Human Rights, that all people are ``born free
and equal in dignity and rights.'' The promise of this
principle is the driving power behind every movement for
freedom, every campaign for democracy, every effort to foster
development, and every struggle against oppression. We are
inspired by the courage and determination of these activists,
and we see in their struggles the true manifestation of a
universal yearning for dignity and respect. We stand with them
and with all citizens, activists, and governments around the
world who peacefully work to advance the causes of democracy
and human rights.
As President Obama has said, we are guided by a simple
idea, `` . . . freedom, justice and peace for the world must
begin with freedom, justice, and peace in the lives of
individual human beings.'' This idea represents values we
cherish in the United States, but they are not ours alone. Our
belief in the universal principles of freedom, justice, and
peace guides us on a daily basis as we work to make human
rights a human reality. The world has witnessed that without
meaningful steps toward representative, accountable, and
transparent governance, the gap between people and their
leaders will only grow. We will continue to promote, support,
and defend democracy, in its many forms, knowing that it is the
best political system for allowing individuals to enjoy their
human rights.
The 2010 Country Reports on Human Rights Practices provide
a record of the state of human rights in the world and raise
awareness of the progress made in 2010, the ground lost, and
the work that remains. This year marks the thirty-fifth year we
have reported to Congress on human rights around the world.
These reports were initially envisioned as a tool to help guide
the United States in its foreign policy, but they have grown to
be something much greater. Other governments, individuals, and
organizations now use the human rights reports as essential
sources of information about conditions in countries around the
world. For activists, many of whom confront a shrinking space
in which to operate and do so at great personal risk, these
reports also provide evidence that the world is being made
aware of their struggle.
As I travel the world, I make a point of meeting with those
people working to advance the cause of human rights within
their own countries. I am consistently impressed by the power
of the human spirit, and the unwavering commitment of these
brave individuals. Their work inspires us and confirms the
importance of holding governments, including our own,
accountable for the treatment of their citizens.
Once each year we submit the Country Reports on Human
Rights Practices to Congress, but advancing freedom and human
rights is a daily priority for the men and women of the
Department of State, both in Washington and in our embassies
overseas. Through these reports, through our diplomacy, and
through our example, we will continue to press for the
universal human rights of all individuals. Now is the
opportunity for us to support all who are willing to stand up
on behalf of the rights we cherish.
In that spirit I hereby transmit the Department of State's
Country Reports on Human Rights Practices for 2010 to the
United States Congress.
Hillary Rodham Clinton,
Secretary of State.
OVERVIEW AND ACKNOWLEDGMENTS
----------
WHY THE REPORTS ARE PREPARED
This report is submitted to the Congress by the Department
of State in compliance with Sections 116(d) and 502B(b) of the
Foreign Assistance Act of 1961 (FAA), as amended. The law
provides that the Secretary of State shall transmit to the
Speaker of the House of Representatives and the Committee on
Foreign Relations of the Senate by February 25 ``a full and
complete report regarding the status of internationally
recognized human rights, within the meaning of subsection (A)
in countries that receive assistance under this part, and (B)
in all other foreign countries which are members of the United
Nations and which are not otherwise the subject of a human
rights report under this Act.'' We have also included reports
on several countries that do not fall into the categories
established by these statutes and thus are not covered by the
congressional requirement.
In the early 1970s the United States formalized its
responsibility to speak out on behalf of international human
rights standards. In 1976 Congress enacted legislation creating
a Coordinator of Human Rights in the Department of State, a
position later upgraded to Assistant Secretary. Legislation
also requires that U.S. foreign and trade policy take into
account countries' human rights and worker rights performance
and that country reports be submitted to the Congress on an
annual basis.
HOW THE REPORTS ARE PREPARED
The Department of State prepared this report using
information from U.S. embassies and consulates abroad, foreign
government officials, nongovernmental and international
organizations, and published reports. The initial drafts of the
individual country reports were prepared by U.S. diplomatic
missions abroad, drawing on information they gathered
throughout the year from a variety of sources, including
government officials, jurists, the armed forces, journalists,
human rights monitors, academics, and labor activists. This
information gathering can be hazardous, and U.S. Foreign
Service personnel regularly go to great lengths, under trying
and sometimes dangerous conditions, to investigate reports of
human rights abuse, monitor elections, and come to the aid of
individuals at risk, such as political dissidents and human
rights defenders whose rights are threatened by their
governments.
Once the initial drafts of the individual country reports
were completed, the Bureau of Democracy, Human Rights and
Labor, in cooperation with other Department of State offices,
worked to corroborate, analyze, and edit the reports, drawing
on their own sources of information. These sources included
reports provided by U.S. and other human rights groups, foreign
government officials, representatives from the United Nations
and other international and regional organizations and
institutions, experts from academia, and the media. Bureau
officers also consulted experts on worker rights, refugee
issues, military and police topics, women's issues, and legal
matters, among may others. The guiding principle was to ensure
that all information was assessed objectively, thoroughly, and
fairly.
As has proven the case in the past, we anticipate that the
reports will be used as a resource for shaping policy,
conducting diplomacy, and making assistance, training, and
other resource allocations. They will serve also as a basis for
the U.S. Government's cooperation with private groups to
promote the observance of internationally recognized human
rights.
The Country Reports on Human Rights Practices cover
internationally recognized civil, political and worker rights,
as set forth in the Universal Declaration of Human Rights.
These rights include freedom from torture or other cruel,
inhuman or degrading treatment or punishment, from prolonged
detention without charges, from disappearance or clandestine
detention, and from other flagrant violations of the right to
life, liberty and the security of the person.
Universal human rights seek to incorporate respect for
human dignity into the processes of government and law. All
persons have the right to nationality, the inalienable right to
change their government by peaceful means and to enjoy basic
freedoms, such as freedom of expression, association, assembly,
movement, and religion, without discrimination on the basis of
race, religion, national origin, or sex. The right to join a
free trade union is a necessary condition of a free society and
economy. Thus the reports assess key internationally recognized
worker rights, including the right of association, the right to
organize and bargain collectively, the prohibition of forced or
compulsory labor, the status of child labor practices, the
minimum age for employment of children, and acceptable work
conditions.
With this 2010 edition of the country reports, DRL expanded
the use of hyperlinks from these reports to other key human
rights documents produced by the Department of State.
Specifically, readers are asked to follow hyperlinks for
complete information on religious freedom issues by consulting
the 2010 International Religious Freedom Report, the 2010
Trafficking in Persons Report, if applicable, and the several
current publications produced by the Department's Consular
Affairs Bureau on international child abductions, if applicable
to the country in question.
Within the Bureau of Democracy, Human Rights and Labor, the
editorial staff of the Country Reports Team consists of: Editor
in Chief Stephen Eisenbraun; Office Directors: Eric Falls,
Robert Boehme, Jeffrey Hawkins, Douglas Kramer, Jessica
Lieberman, Mark Mittelhauser, Susan O'Sullivan; Senior Editors:
Jonathan Bemis, Douglas B. Dearborn, Daniel Dolan, Jerome L.
Hoganson, Patricia Meeks Schnell, Marc J. Susser, and Julie
Turner; Editors: Naim Ahmed, Cory Andrews, Sarah Buckley-Moore,
Laura Carey, Elise Carlson-Rainer, Della Cavey, Eric Concha,
Sharon Cooke, Susan Corke, Stuart Crampton, Kathleen Crowley,
Frank Crump, Bonnie Daley, Tu Dang, Mollie Davis, Mort Dworken,
Sindbad Fennimore, Karen Gilbride, Joan Garner, Carrie George,
Safiya Ghori-Ahmad, Patrick Harvey, Caitlin Helfrich, Matthew
Hicks, Alexandra Hoey, Kimberly Holbrook, Victor Huser, Jill
Hutchings, Stan Ifshin, Dianna James, Sarah Johnston-Gardner,
David T. Jones, Simone Joseph, Malac Kabir, Yelda Kazimi,
Mancharee Junk, Min Kang, Katharine Kendrick, Orly Keiner,
Stephen Kopanos, Alyson Kozma, Douglas Kramer, Sarah Labowitz,
Gregory Maggio, Stacey May, Stephen Moody, Sarah Morgan,
Perlita Muiruri, Sandra Murphy, Daniel L. Nadel, Genevieve
Parente, Blake Peterson, Meredith Ryder-Rude, Peter Sawchyn,
Robert Schlicht, Monica Sendor, Wendy Silverman, Marissa Smith,
Rachel Spring, Jason Starr, Leslie Taylor, Jennifer Terry,
James C.Todd, David Wagner, Micah Watson, Chanan Weissman,
Mareham Youssef, Sarah Yun, Rachel Waldstein, Bernadette
Zielinski; Editorial Assistants: Carol Finerty, Stephanie
Martone, James McDonald, and Regina Waugh.
INTRODUCTION
----------
This report provides encyclopedic detail on human rights
conditions in over 190 countries for 2010. Because we are
publishing this report three months into the new year, however,
our perspectives on many issues are now framed by the dramatic
changes sweeping across countries in the Middle East in 2011.
At this moment we cannot predict the outcome of these changes,
and we will not know the lasting impacts for years to come. The
internal dynamics in each of these countries are different, so
sweeping analysis of the entire region is not appropriate. In
places like Tunisia and Egypt, we are witnessing popular
demands for meaningful political participation, fundamental
freedoms, and greater economic opportunity. These demands are
profound, they are homegrown, and they are being driven by new
activists, many of them young people. These citizens seek to
build sustainable democracies in their countries with
governments that respect the universal human rights of their
own people. If they succeed, the Middle East region, and with
it the whole world, will be improved.
The United States will continue to monitor the situations
in these countries closely, knowing that the transition to
democracy is not automatic and will take time and careful
attention. In Egypt, we await the lifting of the state of
emergency, which the Supreme Council of the Armed Forces has
promised to do prior to parliamentary elections. In Tunisia, we
are encouraged by the creation of a fact-finding committee to
investigate human rights abuses that took place during the
uprising.
While we address these and other short-term repercussions,
historians will have the benefit of time and perspective to
help us understand what triggered these popular movements. But
three trends clearly contributed to their development and to
other changes that occurred throughout the world in 2010. The
first is the explosive growth of nongovernmental advocacy
organizations focused on a wide range of democracy and human
rights issues and causes. Fifty years ago, when Amnesty
International was created, few countries outside of North
America or Western Europe had any locally based human rights
organizations. Today, local nongovernmental organizations
(NGOs) exist in almost every country in the world. The growth
of these organizations has been dramatic, and in many countries
such citizens' organizations have been created against great
odds and only because individual human rights activists were
willing to face great personal risk. Secretary Clinton
highlighted the importance of these organizations in a speech
she gave in July 2010 in Krakow, Poland, to the Community of
Democracies. As she said, ``societies move forward when the
citizens that make up these groups are empowered to transform
common interests into common actions that serve the common
good.''
In closed societies, where repressive governments seek to
control and stifle the debate on sensitive political and social
issues, governments view these independent local citizens'
organizations as a threat rather than a resource, and democracy
and human rights defenders are singled out for particularly
harsh treatment. For example, in Belarus, over 700 prodemocracy
activists, including seven presidential candidates, were
arrested during public demonstrations following the flawed
December 2010 presidential elections. In the weeks that
followed, the offices and homes of civil society
representatives, independent journalists, and political
activists were raided as part of an effort to stifle
independent political activity and free expression.
In the last several years, more than 90 governments have
sought to pass restrictive laws and regulations, hampering the
ability of organizations to register, operate freely, or
receive foreign funding. A proposed NGO law in Cambodia,
introduced in December, is emblematic of these efforts. The law
would impose burdensome reporting requirements on NGOs, erect
significant barriers to the registration of foreign NGOs,
require foreign NGOs to collaborate with the government, and
outlaw unregistered NGOs. In Ethiopia, a new civil society
organization law entered into force in February, following a
one-year grace period. The law prohibits charities, societies,
and associations that receive more than 10 percent of their
funding from foreign sources from engaging in activities that
promote human rights and democracy; the rights of children and
persons with disabilities; equality among nations,
nationalities, people, genders, and religions; conflict
resolution or reconciliation; and the promotion of justice.
During the grace period, Ethiopia's leading human rights
defender organizations adjusted by re-registering either as
local charities, meaning that they could not raise more than 10
percent of their funds from foreign donors, or as ``Resident
Charities,'' which allowed donations but prohibited activities
in the enumerated areas. There were 3,522 registered
organizations before the civil society organization law was
adopted; after the law only 1,655 remained.
Secretary Clinton acknowledged these troubling restrictions
on civil society in her speech in Krakow, when she identified a
``group of countries where the walls are closing in on civic
organizations'' and cautioned that when ``governments crack
down on the right of citizens to work together, as they have
throughout history, societies fall into stagnation and decay.''
As we have seen in the Middle East and elsewhere, governments
cannot suppress civil society indefinitely, and they can never
suppress it legitimately.
A second important trend is the dramatic growth of the
Internet, mobile phones, and other connective technologies that
allow instantaneous communications to billions of people across
the globe. As Secretary Clinton observed in a recent speech on
Internet freedom, the Internet has become the town square of
the 21st century. Much has been said and written about the
effects of these connective technologies in allowing Egyptians
and Tunisians to mobilize in the weeks and months before
demonstrations actually began. While it is the courage of the
people themselves that led the way and was the driving force,
the amplifying impact of these new technologies, coupled with
the power of television stations and the Internet to broadcast
videos obtained by citizens using these mobile phones, cannot
be denied.
Today there are more than two billion people with Internet
access spread across most countries of the world, and around
five billion mobile phone subscriptions. These numbers are
projected to grow dramatically in the next 15 years. And as
more people gain access to these remarkable technologies, and
use them both to gather and impart information on human rights
and to communicate with other activists, an increasing number
of governments are spending more time, money, and attention in
efforts to curtail access to these new communications outlets.
More than 40 governments are now using a combination of
regulatory restrictions, technical controls on access to the
Internet, and technologies designed to repress speech and
infringe on the personal privacy of those who use these rapidly
evolving technologies.
In Saudi Arabia in 2010, the government restricted access
to the Internet and interfered with citizens' privacy while
online. The official Communications and Information Technology
Commission (CITC) improperly monitored e-mail and Internet chat
rooms and blocked sites, including pages about Hinduism,
Judaism, Christianity, and certain forms of Islam deemed
incompatible with Sharia law and national regulations. In
Sudan, the government monitored Internet communications and,
during the elections, blocked access to the Sudan Vote Monitor
Web site. The Government of China tightly controlled content on
and access to the Internet and detained those expressing views
critical of the government or its policies. In Vietnam, the
government orchestrated attacks against critical Web sites and
spied on dissident bloggers. Police arrested 25 dissidents over
the course of the year and forcibly entered the homes of a
number of others to remove personal computers, cell phones, and
other material.
A third trend, and one that points in a negative direction,
was the continuing escalation of violence, persecution, and
official and societal discrimination of members of vulnerable
groups, often racial, religious, or ethnic minorities or
disempowered majorities. In many countries this pattern of
discrimination extended to women; children; persons with
disabilities; indigenous; lesbian, gay, bisexual, and
transgender (LGBT) persons; and members of other vulnerable
groups who lacked the political power to defend their own
interests. Often members of these groups were denied economic
opportunity or the ability to abide by their social or cultural
traditions or practices or were restricted in their ability to
speak freely, to assemble peacefully, or to form associations
or organizations.
In Pakistan, religious freedom violations and violence and
discrimination against religious minorities continued. The
blasphemy laws were used to harass religious minorities as well
as vulnerable Muslims or Muslims with minority views. (In the
first two months of 2011, two senior government officials who
publicly challenged these laws were brutally killed.) In Saudi
Arabia, there were severe restrictions on religious freedom and
discrimination on the basis of religion was common. In China,
the government continued to demonize the Dalai Lama and harshly
repress Uighur Muslims in Xinjiang and Tibetan Buddhists. There
were reports of increases in anti-Semitic acts around the
world, including the desecration of cemeteries, graffiti, and
blood-libel rhetoric, as well as Holocaust denial, revisionism,
and glorification. There have also been spikes in expressions
of anti-Semitism during events in the Middle East.
Persons around the world continue to experience
discrimination and intimidation based on their sexual
orientation or gender identity. Honduras saw an upsurge in
killings of members of the LGBT community by unknown
perpetrators. Meanwhile, in many African, Middle Eastern, and
Caribbean nations, same-sex relations remain a criminal
offense, and through such laws and other measures the state
reinforces and encourages societal discrimination and
intolerance. In Uganda, for example, intimidation and
harassment of LGBT individuals worsened during the year, and
some government and religious leaders threatened LGBT
individuals.
Exploitation of laborers was also a problem in many
countries, often compounded by threats against workers for
attempting to unionize. Again in 2010, the government of
Uzbekistan mobilized thousands of adults and children as forced
laborers during the annual cotton harvest. In Bangladesh, poor
working conditions caused needless deaths, notably in the
garment industry. Bangladesh was also the site of frequent and
at times deadly labor unrest during the year, particularly in
the Ready-Made Garment Sector and Export Processing Zones.
These trends are further illustrated below by the thumbnail
sketches of 27 countries (listed alphabetically by region). The
section on country highlights provides illustrative examples of
the human rights trends in 2010. In some of these countries
there have been negative developments or the human rights
record has been a mix of positive and negative developments. In
other countries highlighted below, we reflect on positive
trends in 2010. The body of this report is a much more detailed
examination of these and an additional 167 countries.
2010 marks the 35th year that the State Department has
produced the annual Country Reports on Human Rights Practices.
This year's report covers human rights conditions in 194
countries. What began as the response to a Congressional
mandate to report on the human rights situation in those
countries that were receiving U.S. assistance in the mid 1970s
has blossomed into a detailed analysis of human rights
conditions in all countries that are members of the United
Nations. The country reports provide an overview of the human
rights situation around the world as a means to raise awareness
of human rights conditions, in particular as these conditions
affect the well-being of women, children, racial and religious
minorities, trafficking victims, members of indigenous groups
and ethnic communities, persons with disabilities, sexual
minorities, refugees, and members of other vulnerable groups.
As the scope of the State Department's reporting has
increased, so has the use of these reports around the world. In
addition to providing data to Congress to inform their funding
and policy decisions, these reports are used throughout the
U.S. government and by many foreign governments. And,
importantly, they are increasingly being used by individual
citizens and NGOs as critical sources of information on what is
happening in the world. To facilitate the sharing of this
information, reports are translated into over 50 languages and
made available online.
The U.S. government compiles the human rights report
because we believe it is imperative for countries, including
our own, to ensure that respect for human rights is an integral
component of foreign policy. We provide these reports as a form
of comprehensive review and analysis.
The reports do not cover human rights in the United States,
although this Administration has made a commitment to take a
close and critical look at our own performance on these issues
even as we cast a spotlight on the practices of other
countries. In November, the United States presented its first
report on human rights in the United States to the UN Human
Rights Council (UNHRC) in Geneva through the Universal Periodic
Review. In preparation for that report we conducted extensive
consultations in the United States with a wide range of civil
society organizations and Native American leaders. Last month
we appeared again at the UNHRC meeting in Geneva to report our
response to the recommendations made to us by other
governments.
We also continually report on our human rights record
pursuant to our treaty obligations. In January 2010, we
submitted periodic reports on our implementation of the
Optional Protocols to the Convention on the Rights of the
Child. In 2011 we will be submitting periodic reports regarding
implementation of the International Covenant on Civil and
Political Rights, the Convention Against Torture, and the
Convention on the Elimination of Racial Discrimination. In
2010, for the first time, a section on the United States was
included in the State Department's Trafficking in Persons
Report, and the United States was ranked based on the same
standards to which we hold other countries.
A final word about the production of these reports. These
194 country reports are comprehensive, if not exhaustive. Their
production is a Herculean endeavor requiring extra-ordinary
efforts by a team of talented and committed human rights
officers at U.S. Embassies around the world, and by their
counterparts in Washington, D.C., including the dedicated staff
in the Bureau of Democracy, Human Rights and Labor. Each
country team collects, analyzes, and synthesizes information
from a variety of sources, including domestic and international
human rights organizations, other governments, multilateral
organizations, and members of civil society. Once the reports
are drafted, they are rigorously edited, reviewed, and fact-
checked, to ensure accuracy and objectivity.
COUNTRY HIGHLIGHTS
In 2010, governments around the world continued to commit
severe human rights violations and abuses. The paragraphs below
describe the human rights situation and key trends in specific
countries where abuses were especially serious. We also
highlight Ukraine, where in 2010 there was backsliding after
positive developments in previous years. The section begins
with a discussion of several countries--Colombia, Guinea,
Indonesia--that are highlighted for notable positive human
rights developments in 2010.
Colombia is a country where there were notable improvements
in the human rights situation in 2010. Soon after taking office
in August, President Santos and his administration strengthened
the government's relationship with civil society and human
rights defenders, holding high-level consultative sessions,
publicly expressing support for human rights defenders and
engaging them in dialogue, and supporting efforts to increase
penalties for threats and violence against human rights
defenders. The government advanced a Land and Victims' Law to
provide for land restitution and victims' reparations.
Extrajudicial executions decreased substantially from 2008 and
2009, and several senior military officers were convicted of
human rights abuses. Some human rights abuses continued, such
as some threats against human rights defenders and trade
unionists. The Ministry of Defense began implementing an
agreement with the office of the UN High Commissioner for Human
Rights to monitor ministry measures to improve adherence to
human rights.
In December 2010, Guinea inaugurated its first
democratically elected president since independence from France
in 1958. The people selected longtime opposition leader Alpha
Conde, the candidate of the Rally of the Guinean People Party,
as their president following two rounds of elections. Although
there was some violence following the second round, the
elections generally were regarded as free and fair.
Respect for human rights in Indonesia continued to improve
in 2010, 12 years after the country's transition to democracy.
While weaknesses in the justice system persisted, President
Susilo Bambang Yudhoyono, democratically reelected in July
2009, remained a strong proponent of the rule of law and
accountability and civil society, and the media remained among
the most vibrant in Asia. Professionalization of the military
continued, although some serious human rights abuses by
military personnel occurred, particularly in Papua, and
punishments, when imposed, were often not commensurate with the
crimes committed.
Africa
Cote d'Ivoire ended 2010 in a standoff over the presidency,
following October elections in which incumbent President
Laurent Gbagbo, candidate of the Ivoirian People's Front, and
opposition party leader Alassane Ouattara, candidate of the
Rally for Republicans, advanced to the November 28 presidential
run-off. On December 2, the Independent Electoral Commission
declared Ouattara the winner with 54.1 percent of the vote as
compared with 45.9 percent for Gbagbo. The election was
declared fair and democratic by the UN and international and
domestic observer missions. Gbagbo refused to accept the
results, alleging voter fraud and intimidation in several
regions, and both Ouattara and Gbagbo took oaths of office on
December 3. At year's end, President Ouattara operated his
government from the Golf Hotel in Abidjan under a blockade from
pro-Gbgabo forces. Gbagbo retained control of state resources
including the national television station, the security forces,
and the treasury. There were credible reports of human rights
abuses during this time. On December 16, security forces fired
on supporters of President Ouattara during a demonstration
march. At least 20 persons were killed, many more wounded, and
hundreds arrested. In the one week period from December 15-22,
the UN Operation in Cote d'Ivoire human rights division
reported 173 persons killed, 90 subjected to torture and ill-
treatment, 471 others arbitrarily arrested and detained, and 24
persons missing. The overwhelming majority of these cases of
extrajudicial killings, torture, detention, and disappearance,
were committed by security forces loyal to Gbagbo. Human rights
violations which took place after December 31 are not
documented in the 2010 report.
Serious human rights abuses continued throughout the
Democratic Republic of the Congo (DRC), particularly in the
mineral rich, conflict-affected eastern and northeastern
regions, where state authority remained non-existent or
extremely weak. Human rights defenders have been intimidated,
beaten, and, as in the case of prominent activist Floribert
Chebeya, even killed. Armed entities--including elements of
state security forces--perpetrated abuses with impunity and
engaged in the illegal exploitation and trade of natural
resources, particularly minerals. Revenues derived from the
illicit trade in minerals, some of which supported armed
conflict, fueled the continued insecurity in eastern DRC,
aggravating an already precarious human rights situation. Rebel
and militia groups in eastern DRC continued to engage in rape
and looting campaigns in efforts to control communities
residing near lucrative mining areas, and to reap mining-
related profits that sustained the conflict and attendant
abuses. Credible sources such as the UN Group of Experts on the
DRC presented information indicating that some Congolese and
international corporations' supply chains originated with
suppliers who traded with armed entities-including elements of
the state security forces-that committed serious human rights
abuses.
Nigeria continued to be plagued by serious human rights
abuses during the year. Security services personnel, including
police, military, and State Security Service officers,
committed extrajudicial killings and tortured, beat, and abused
demonstrators, criminal suspects, detainees, and convicted
prisoners. The Joint Task Force, formed in 2003 to address the
instability in the Niger Delta and consisting of military,
police, and security services, conducted raids on militant
groups and criminal suspects, resulting in numerous deaths and
injuries to both alleged criminals and civilians. Corruption
was pervasive at all levels of government and throughout the
security forces. Ethno-religious violence also resulted in
deaths and displacement during the year. Jos and the
surrounding farmlands were the site of two major attacks in
January and March. Up to 1,000 individuals, mostly women,
children, and the elderly, were murdered, hacked to death, or
burned alive.
Violence continued in Sudan throughout 2010. Nationwide
elections held in April were not deemed fair and free by the
international community, and observers noted numerous problems
throughout the process. In Darfur, fighting involving
government, government-aligned militias, rebel groups, and
ethnic groups continued to kill, injure, and displace
civilians. This violence killed 2,321 persons during the year,
according to the UN, an increase compared with the 875 persons
killed in 2009. The government continued to conduct aerial
bombardment. Gender-based violence, the use of child soldiers,
and the obstruction of humanitarian organizations and the
United Nations-African Union Hybrid Mission in Darfur continued
to be problems. The government harassed, arrested, and beat
civil society members in the north. In Southern Sudan,
interethnic fighting and Lord's Resistance Army attacks
continued to kill and displace civilians. According to UN
estimates, violence in the south resulted in an estimated 986
deaths and the displacement of 223,708 persons during the year.
Registration for the 2011 Southern Sudan self-determination
referendum occurred in November and December. Lack of progress
on preparations for a separate referendum on whether the border
region of Abyei should be part of the north or the south led to
sporadic violence and rising tensions in the area.
In Zimbabwe, security forces, police, and Zimbabwe African
National Union-Patriotic Front (ZANU-PF)-dominated elements of
the government continued to commit numerous, serious human
rights violations with impunity, including torture, against
non-ZANU-PF political activists and party members, student
leaders, and civil society activists. ZANU-PF's dominant
control and manipulation of the political process through
trumped-up charges and arbitrary arrest, intimidation, and
corruption effectively negated the right of citizens to change
their government. Although there were fewer incidents in the
first half of 2010, expectations that elections would be held
in 2011 led to an increase in the number of cases of harassment
and intimidation of civil society organizations and members of
the media toward the end of the reporting period. The
government continued to use repressive laws to suppress freedom
of speech, including for members of the press, assembly,
association, and movement. Military forces and other government
agents also continued abuses in the Marange diamond fields.
East Asia and the Pacific
Despite the release of Aung San Suu Kyi, over 2,100
political prisoners remained in custody in Burma at the end of
2010. Many civil society activists were detained indefinitely
and without charges, and regime-sponsored organizations engaged
in harassment and abuse of human rights and prodemocracy
activists. The government routinely infringed on individual
privacy and restricted the freedoms of speech, press, assembly,
association, religion, and movement. The government did not
allow domestic human rights NGOs to function independently, and
international NGOs encountered a difficult environment. The
fall 2010 elections were neither free nor fair. The government
continued its tight control of the activities of Buddhist
clergy. Military forces in Burma continued to commit egregious
abuses and violations against civilians in ethnic minority
regions. These abuses included rape, torture, forced
relocation, and forced labor. Violence and societal
discrimination against women and minority religious communities
continued, as did unlawful recruitment of child soldiers and
trafficking in persons, particularly of women and girls.
Workers' rights remained restricted and forced labor, including
that of children, also persisted.
In Cambodia, members of security forces, acting with
impunity, committed arbitrary killings. Human rights monitors
reported arbitrary arrests and prolonged pretrial detention,
underscoring a weak judiciary and denial of the right to a fair
trial. Restrictions continued on freedom of assembly and
expression, including for members of the press, and there was a
growing abuse of defamation and disinformation lawsuits
targeting opposition voices. Civil society expressed
significant concern that the draft Law on Associations and NGOs
could, if adopted, seriously constrain the ability of NGOs to
operate. The draft law released in December included provisions
that would impose burdensome reporting requirements on NGOs,
prevent associations with fewer than 21(later reduced to a
still-onerous 11) members from attaining legal status, erect
burdensome barriers to the registration of foreign NGOs,
require foreign NGOs to collaborate with the government, and
outlaw unregistered NGOs. Anti-union activity by employers and
weak enforcement of labor laws continued, and exploitative
child labor in the informal sector remained a problem.
In China, the negative trend in key areas of human rights
continued. The government stepped up restrictions on lawyers,
activists, bloggers, and journalists; tightened controls on
civil society; and increased attempts to limit freedom of
speech and control the press, the Internet, and Internet access
in 2010. Authorities also increased the use of extralegal
measures, including forced disappearances, strict house arrest,
arbitrary detention in ``black jails,'' and other forms of
``soft detention'' to silence independent voices and punish
activists and their families. Legal activist Chen Guangcheng,
along with his wife and child, remained under house arrest, as
did other released political prisoners. Public interest
lawyers, who operated within China's legal framework, were
disbarred, beaten, or ``disappeared'' for taking on the defense
of clients and issues deemed sensitive by the government.
Bloggers and Web masters have been arrested and charged with
``subverting state power'' for re-tweeting a post or operating
a Web site where others posted comments. The government also
continued its severe cultural and religious repression of
ethnic minorities in the Xinjiang Uighur Autonomous Region and
Tibetan areas.
In North Korea, the human rights situation remained grim.
During the year, the government maintained tight control over
the flow of information into and out of the country. The
government denied its citizens the right to due process and
arbitrarily arrested and detained individuals, including for
political crimes. Defectors and NGOs indicated that severe and
systematic human rights abuses occurred throughout the
country's extensive network of prisons and detention centers.
In addition, the government continued to enforce rigid controls
over the freedoms of speech, press, assembly, association,
religion, and movement and worker rights. There were no
independent domestic human rights monitoring organizations, and
the government denied international organizations and foreign
NGOs access, making it impossible to assess accurately the true
scope of the abuses occurring in the country or the validity of
these reports.
The government of Vietnam continued to suppress dissent,
tightened controls over the press, and limited the freedoms of
expression, assembly, movement, and association. Individuals
were arbitrarily detained for political activities and denied
the right to fair and expeditious trials. The government
arrested at least 25 political activists, convicted 14
dissidents arrested in 2008, 2009, and 2010, and denied the
appeals of another 10 dissidents convicted at the end of 2009.
The judicial system was strongly distorted by political
influence, endemic corruption, and inefficiency. Freedom of
religion continued to be subject to uneven interpretation and
protection, particularly at the provincial and village levels.
Internet freedom was further restricted as the government
orchestrated attacks against critical Web sites and spied on
dissident bloggers. The government limited workers' rights to
form and join independent unions.
Europe
Authorities in Belarus arbitrarily arrested, detained, and
imprisoned prodemocracy activists, journalists, and civil
society representatives. In the wake of December 2010's flawed
presidential election, authorities initiated a broad crackdown
against demonstrators, detaining close to 700 persons and
raiding offices and apartments belonging to members of
independent media, NGOs, and the political opposition. Over 40
individuals, including several presidential candidates, now
face up to 15 years in jail. Through its detentions and trials,
the government of Belarus continually is creating new political
prisoners. The judiciary lacked independence and suffered from
corruption, inefficiency, and political interference; trial
outcomes were often predetermined, and many trials were
conducted behind closed doors. Official corruption throughout
the government continued to be a problem.
In Russia, the government infringed on freedom of
expression, assembly, and association, detaining certain
demonstrators and continuing to pressure select NGOs,
independent media, some religious minorities, independent labor
unions, and political opposition. Attacks on and the murder of
journalists and activists continued. There were reports of
physical abuse by law enforcement, military hazing deaths, and
harsh prison conditions. Rule of law and due process violations
remained a problem, and government corruption was widespread.
Xenophobic, racial, and ethnic attacks and hate crimes
continued to be a significant problem. The conflict between the
government and insurgents, Islamist militants, and criminal
forces in the North Caucasus led to numerous human rights
violations by all parties, which reportedly engaged in killing,
torture, abuse, violence, and politically motivated abductions.
In Ukraine, despite beginning with free and fair
presidential elections, the overall trend for 2010 was negative
due to problematic local elections, intimidation of the media,
and perceived selective prosecution of opposition figures.
International and domestic observers found the October local
elections did not reach the same standards of the presidential
election, citing the registration of fraudulent opposition
candidate lists, government pressure against election monitors
and candidates, and election officials selectively barring or
removing candidates from ballots- all prompting concern about
the government's planned next steps for election reform. In
addition, there were numerous reports that authorities
attempted to direct media content and intimidate journalists.
Although the government took steps in 2009 to better combat
corruption, the international community expressed concern that
politics motivated the new government's 2010 criminal
investigation of 30 members of the previous government for
alleged corruption; several of these people were detained and
subsequently charged.
Near East
Political tensions flared in the weeks preceding the
October elections in Bahrain. The government arrested more than
200 Shia men it accused of inciting or involvement in street
violence. Those arrested included some, but not all, of the
leaders of two groups, Haq and Wafa', which reject the monarchy
and had called for a boycott of the elections. The government
charged 23 of those arrested with involvement in a ``terror
network'' pursuant to the 2006 counterterrorism law. The
electoral process also was marred by the government's banning
of the two main legal opposition parties' Web sites and
newsletters. The government did not allow international
observers to monitor the elections. The government also
continued to restrict freedom of assembly and association.
Security forces intervened in demonstrations and limited and
controlled political gatherings during the year. NGOs and civil
society groups were required to register with the government
and provide membership lists. In September, the Ministry of
Social Development effectively shuttered a local human rights
organization, Bahrain Human Rights Society, when a ministerial
decree ordered the dissolution of the society's board of
directors and appointed a ministry employee to be the group's
interim head.
According to multiple sources, the Government of Iran
executed approximately 312 persons in summary executions during
the year, many after trials that were conducted in secret and/
or did not provide due process. In many cases, persons executed
supposedly for criminal offenses such as narcotics trafficking
were actually political dissidents. Authorities held political
prisoners and continued to crack down on women's rights
reformers, ethnic minority rights activists, student activists,
and religious minorities. There was little judicial
independence and few fair public trials. The government
severely restricted the right to privacy and civil liberties,
including freedoms of expression, including for members of the
press, assembly, association, and movement, and it placed
severe restrictions on freedom of religion. Vigilantes
continued to attack young persons considered ``un-Islamic'' in
their dress or activities, invade private homes, abuse
unmarried couples, and disrupt concerts. Violence and legal and
societal discrimination against women, children, ethnic and
religious minorities, and LGBT persons persisted.
While the credible and legitimate national parliamentary
elections in all 18 provinces on March 7 reflected a
significant achievement in advancing the exercise of human
rights, extremist violence, coupled with weak government
performance in upholding the rule of law, resulted in
widespread and severe human rights abuses in Iraq. There were
reports that the government or its agents committed numerous
arbitrary or unlawful killings, arbitrary detentions, and acts
of torture connected to its security operations, often with
impunity. Attacks by al-Qaida in Iraq and other extremists
continued against Iraqi Security Forces (ISF), government
officials, and civilians, often targeting urban areas,
Christian churches, Shia markets, and mosques. On May 10,
coordinated bombings and shootings resulted in at least 119
fatalities, including ISF and law enforcement personnel. On
August 17, a suicide bomber blew himself up in a crowd of army
recruits in Baghdad, killing 61 persons. During the year, 962
Ministry of Interior personnel were killed and 1,347 were
injured. Police officers, in particular, were targeted.
In Libya, Colonel al-Qadhafi and his close associates
monopolized every aspect of decision-making in the government.
Continuing human rights problems included torture, arbitrary
arrest, official impunity, and poor prison conditions. A large
but unknown number of persons remained in detention or prison
for engaging in peaceful political activity or for belonging to
an illegal political organization. The government significantly
restricted media freedom and continued to restrict freedom of
expression, and routinely monitored telephone calls and
Internet usage, including e-mail communication with foreign
countries. There also was physical surveillance of political
activists and foreign organizations. The government owned and
controlled virtually all print and broadcast media, and
government-controlled media neither published nor broadcast
opinions inconsistent with official policy. The Internal
Security Organization routinely harassed journalists, and
overly broad provisions of the penal code served as the basis
for frequent charges of criminal defamation. The government
severely restricted freedom of assembly and permitted public
assembly only with advance approval. The government restricted
the right of association and generally only allowed
institutions affiliated with the government to operate; no NGOs
functioned in the country. In the early months of 2011,
protests erupted across Libya. Because they occurred outside of
the reporting period, they are not documented in the 2010
report.
In Syria, security forces committed unlawful killings,
detained political and human rights activists, and tortured and
physically abused prisoners and detainees with impunity. The
government also imprisoned several high-profile members of the
human rights and civil society communities, in addition to the
estimated 2,500-3,000 political prisoners previously detained.
Lengthy pretrial and incommunicado detention remained a serious
problem, and the courts systematically used ``confessions''
extracted under duress as evidence. Defendants' claims of
torture were almost never investigated. The government severely
restricted universal freedoms of expression, assembly and
association, religion, and movement.
South and Central Asia
An increasingly difficult security situation in Afghanistan
resulted in a number of serious human rights abuses. Civilians
continued to suffer from intensified armed conflict as
conflict-related deaths increased by 15 percent during the year
compared to 2009. Government and progovernment international
forces were responsible for civilian deaths, specifically 16
percent of total civilian deaths. Human Rights Watch reported
that timely and transparent inquiries or accountability of
forces in the event of wrong-doing were often lacking when
civilians were hurt or killed. Taliban and insurgent attacks,
including politically targeted killings, escalated in both
number and intensity. At least 30 individuals were killed on
September 18, the day of parliamentary elections, and the
Taliban claimed responsibility for killing three candidates
during the campaign period between July and August. In August,
five campaign workers supporting Fauwzia Gilani in Herat were
abducted and killed. There were also attacks on election
officials. The elections themselves were marred by electoral
fraud and widespread irregularities, including the
establishment of a special tribunal to investigate the election
results and complaints; low voter turnout; and insufficient
conditions for participation by women. The government was
plagued by official impunity and corruption and often failed to
conduct effective investigations of human rights abuses
committed by local security forces. Arbitrary arrest and
detention remained a problem, and the judiciary lacked
independence. Freedom of religion, including the right to
change one's religion, was severely restricted. Women continued
to face pervasive human rights abuses, including violence,
insurgent attacks on girls' education, limited access to
justice, and other limitations on their rights.
In Pakistan, allegations of extrajudicial killings and
detention of civilians by the security forces were reported by
several media outlets and NGOs. During the year, there was a
significant increase in the total number of reported torture
and rape cases of individuals in custody, almost double as
compared to 2009. The Society for Human Rights and Prisoners'
Aid reported 72 civilian deaths after encounters with police
and 168 deaths in jails, an increase from the previous year.
Militant and terrorist bombings in all four provinces and in
Federally Administered Tribal Areas continued to result in
deaths and injuries. According to the report, terrorist and
extremist attacks and operations to combat terrorism and
extremism resulted in 7,400 deaths, of which nearly 1,800 were
civilians, over 450 were security forces, and over 5,100 were
terrorists or insurgents. There were numerous reports of
politically motivated killings in Karachi and Balochistan.
According to a report by Dawn, 1,981 persons were killed in
political violence in Karachi, of which 748 were targeted
killings. According to Human Rights Watch, the targeted killing
and disappearance of Baloch leaders, activists, and civilians
increased in 2010. Religious freedom violations and violence
and discrimination against religious minorities continued. Some
people accused of blasphemy against Islam were sentenced to
life imprisonment or capital punishment. One of them was Aasia
Bibi, a Christian woman, who was sentenced to death in
November, becoming the first woman to receive such a harsh
sentence for blasphemy.
Uzbekistan continued to incarcerate individuals on
political grounds. While one political prisoner, human rights
activist Farhad Mukhtarov, was released during the year, 13 to
25 political prisoners remained in custody, and family members
reported that many prisoners were tortured. Human rights
activists, their family members, and members of certain
religious groups reported harassment and arrest by police and
other members of the security forces. Freedom of expression was
severely limited and harassment of journalists increased during
the year. Police and security services subjected print and
broadcast journalists to arrest, intimidation, and violence, as
well as to bureaucratic restrictions on their activity. The
criminal and administrative codes imposed significant fines for
libel and defamation and the government used charges of libel,
slander, and defamation to punish journalists, human rights
activists, and others who criticized the president or the
government. Freedom of association also was restricted. The
government tightly controlled NGO activity and regulated
Islamic and minority religious groups with strict legal
restrictions on the types of groups that could be formed and
registered. Forced adult and child labor was used during the
cotton harvest.
Western Hemisphere
The government of Cuba released more than 40 political
prisoners during the reporting period, including many notable
human rights activists arrested in 2003, although most were
released on the condition that they leave the country. Cuba
continued to hold dozens of other political prisoners. The
government suppressed human rights and fundamental freedoms,
including freedom of speech, the press, assembly and
association, movement, and religion. Human rights groups noted
a marked increase in the use of short-term detentions designed
to disrupt the work of civil society and harass activists. In
addition, the government continued to stage public protests to
harass and abuse activists and their families, particularly the
Damas de Blanco (``Ladies in White''). Although the government
characterized the mobs as spontaneous, participants frequently
arrived in government-owned vehicles or were recruited by local
Communist Party leaders from nearby workplaces or schools. In
extreme cases, government-orchestrated mobs assaulted these
individuals or damaged their homes or property. Members of the
security forces monitored, harassed, and sometimes physically
assaulted human rights and prodemocracy advocates, dissidents,
independent journalists, detainees, and prisoners, and did so
with impunity. The government did not recognize independent
journalism, and subjected some independent journalists to
travel bans, detentions, harassment, equipment seizures, and
threats of imprisonment. Unauthorized assemblies of more than
three persons can be punished by up to three months in prison
and a fine, although these meetings were more likely to be
broken up than prosecuted.
Respect for human rights and democratic institutions
deteriorated over the past year in Nicaragua. Protesting
opposition party members were denied freedom of assembly. March
2010 regional elections on the Caribbean coast were marred by
allegations of widespread irregularities, and credible domestic
NGOs were denied permission to monitor the election. Other
issues include politicization of the judiciary and other
government organs, substantial government interference with
media freedom, and harassment of NGOs and journalists. Police
did not protect demonstrators who protested government policies
and allowed progovernment groups to engage in violent
activities. The government continued to criticize religious
leaders who expressed concerns about government practices and
policies that affected public participation and democratic
freedoms. Government officials publicly excoriated Catholic
Church officials who denounced the manipulation of the
electoral process.
In Venezuela, the government used the judiciary to
intimidate and persecute individuals and organizations that
criticized government policies or actions, including peaceful
protesters, journalists, a judge, members of opposition
political parties, NGOs, union and business leaders, and
ordinary citizens. Government officials also restricted freedom
of expression, harassing and intimidating privately owned
television stations, media outlets, and journalists through
threats, property seizures, targeted regulations, and criminal
investigations and prosecutions. In late December the National
Assembly adopted a package of laws that further undermined
democratic principles and practices in Venezuela, including a
law delegating legislative authority to the executive that
extended beyond the term of office of the outgoing National
Assembly, in violation of the shared values of the Inter-
American Democratic Charter, and laws imposing new restrictions
on the independent media, the Internet, political parties, and
NGOs.
AFRICA
----------
ANGOLA
Angola is a constitutional republic with an estimated population of
17.3 million. The ruling Popular Movement for the Liberation of Angola
(MPLA), led by President Jose Eduardo dos Santos since 1979, has been
in power since independence in 1975 and exercised tight, centralized
control over government planning, policymaking, and media outlets. In
2008 the Government held the first legislative elections since 1992.
Domestic and international observers reported that polling throughout
the country was peaceful and generally credible, despite a ruling party
advantage due to state control of major media and other resources and
serious logistical failures that marred polling in the capital of
Luanda. Security forces reported to civilian authorities.
Human rights abuses included: the abridgement of citizens' right to
elect officials at all levels; unlawful killings by police and military
forces; torture, beatings, and rape by security forces; harsh and life-
threatening prison conditions; arbitrary arrest and detention; lengthy
pretrial detention; impunity for human rights abusers; judicial
inefficiency, lack of judicial independence, and lack of due process;
infringements on citizens' privacy rights and forced evictions without
compensation; restrictions on freedom of speech, press, assembly,
association, and movement; official corruption; restrictions on
nongovernmental organizations (NGOs); discrimination and violence
against women; abuse of children; trafficking in persons;
discrimination against persons with disabilities, indigenous people,
and persons with HIV/AIDS; limits on workers' rights; and forced labor.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the Government or its agents committed politically
motivated killings. However, human rights activists and domestic media
sources reported that security forces arbitrarily killed an unknown
number of persons during the year. In 2009 security forces arbitrarily
killed 61 persons.
The Government made some progress prosecuting police officers
responsible for human rights violations. However, impunity remained a
problem, and the results of investigations into security force abuses
were seldom released.
Domestic media and local human rights activists reported that
police use of excessive force resulted in killings.
For example, on January 19, police in Luanda were accused of
killing three male youths. Witnesses reported that a group of masked
men entered the victims' homes without a warrant and abducted the
individuals. According to the families' testimony, the three victims
were shot and killed in a field adjacent to the Special Transit Police
Station. Subsequently, police delivered the bodies to the local morgue.
On May 9, police allegedly killed three persons in custody for
their involvement in crimes, including armed robbery. The National
Police commander promised to follow leads and arrest the perpetrators,
but there were no developments by year's end.
In January 2009 police shot and killed Joaquim Manuel Machado
during a confrontation with a group of youths in Sambizanga, Luanda.
Jose Inacio Rene, the police officer identified as Machado's killer,
had not been tried by year's end.
In August 2009 police officer Sebastiao Andre killed his son,
Jeronimo Sebastiao, in Sambizanga, Luanda. No investigation had taken
place by year's end.
In September 2009 members of the Armed Forces of Angola (FAA)
buried alive 45 persons in a tunnel in Lunda Norte after determining
they were illegal diamond miners. No investigation had taken place at
year's end.
There were no developments in September 2009 cases: the case of
Luandan police who tortured a citizen accused of selling drugs, while
he was under arrest; he later died when police denied him medical
assistance; and the arrest and torture by police of a man in Porto
Amboim who died from serious contusions and cuts.
In 2008 there were multiple media reports in Luanda that police
deliberately targeted and killed persons suspected of gang-related
violence and other criminal activity.
On March 22, seven officers were sentenced to 24 years in prison
and fined approximately 72,000 kwanzas ($800) each for shooting and
killing eight teenagers in 2008. The judge also ordered each family of
the victims to receive approximately 705,600 kwanzas ($7,840). The
officers claimed to be part of a special gang task force tasked with
ridding neighborhoods of gang members, but the National Police denied
the existence of the task force and relieved the police officers of
duty.
On April 27, three National Police officers were sentenced to eight
years in prison for the 2006 killing of Manuel Domingos in Talatona,
Luanda.
The FAA carried out counterinsurgency operations against the
Military Position (MP) faction of the Front for the Liberation of the
Enclave of Cabinda (FLEC), which reportedly resulted in at least three
deaths. The FAA responded to at least three attacks against civilian
targets for which FLEC-MP claimed responsibility.
On January 4, FLEC claimed responsibility for an attack on a
Togolese national soccer team, which had been en route to Cabinda to
participate in the African Cup of Nations. Three persons were killed
and nine were injured in the attack. Six persons were arrested for
tangential involvement, and another two were arrested for direct
involvement. Of the latter two, one person had been sentenced by year's
end. The six arrested for tangential involvement were released, and the
remaining one person was still being tried at year's end.
In May FLEC claimed responsibility for an attack on Chinese workers
in Cabinda; one worker was killed and another was wounded.
Land mines placed during the long civil war remained a threat.
According to the National Commission for Demining and Humanitarian
Assistance, land mine and other explosive remnants of war (ERW)
accidents killed 12 and injured at least three individuals during the
year. The Government continued to strengthen and expand national
demining capacity during the year, and it partnered extensively with
international NGOs on demining operations and mine-risk education.
On October 3, four children were killed in Malange Province after
finding a rocket propelled grenade, which exploded when they played
with it. The accident occurred in an area that was not suspected to
contain explosive remnants of war.
On October 8, a 42-year-old woman was severely injured in Malange
Province when she detonated an unexploded object.
On October 19, two deminers were killed and two others injured when
a land mine detonated. The four individuals were clearing ERW from a
known hazard area.
b. Disappearance.--Unlike in the previous year, there were no
reports of politically motivated disappearances. Also unlike in the
previous year, there were no media reports that persons taken into
police or military custody disappeared.
In May 2009 the president of a local movement for autonomy and
independence, Jota Malakito, was taken into police custody and held
incommunicado. On October 8, he was transferred from Viana Penitentiary
Center to Dundo, Lunda Norte, where he was tried with 33 other persons
accused of crimes against state security and instigating a rebellion.
As of year's end, Malakito remained in prison.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution and law prohibit such practices; however,
government security forces tortured, beat, and otherwise abused
persons. Reports of beatings and other abuses in police stations during
interrogations were common.
According to Novo Jornal, on May 28, the Association for Justice,
Peace, and Democracy (AJPD), a local NGO, reported that police
intimidated citizens, used excessive force and guns against them, and
used torture and cruel and degrading treatment against detainees.
AJPD's publication documented examples of prisoners and detainees
tortured while in police custody between 2006-09. The same NGO reported
that cases of torture continued during the year.
Police and other security forces rarely were held accountable for
torture. Although the Government punished some violators
administratively, few prosecutions occurred during the year.
On March 24, a lawyer reported that several civilians awaiting
trial for alleged participation in a FLEC attack in Cabinda showed
visible signs of torture.
The Government continued to conduct operations throughout the
country to identify, detain, and expel illegal immigrants, particularly
in the diamond-rich provinces of Lunda Norte and Lunda Sul. Between
September and December, police expelled approximately 12,000 illegal
immigrants, most of them diamond workers in Lunda Norte and Lunda Sul.
NGOs and the media reported acts of violence and degrading treatment,
including rape and sexual abuse, associated with these operations.
Based on an assessment mission among those returned to the Democratic
Republic of Congo (DRC), a UN report cited 117 victims of sexual
violence in October. The victims, illegal immigrants from the DRC,
reported being detained and raped by military or police officers before
being forcibly expelled into the DRC. The Government claimed that the
allegations were unfounded and that its border police respected
procedures to return illegal immigrants. The Government reported
uncovering one case of rape, and was working to prosecute the alleged
perpetrator at year's end (see section 1.d.).
Police and immigration officials at border checkpoints and
provincial airports extorted money from travelers and harassed
returnees and refugees.
In April three police officers were sentenced to eight years in
prison for severely beating a citizen, leaving him partially blind.
In October 2009 the media reported that seven former agents from
the National Police claimed that they were tortured while undergoing
interrogation in prison.
Abuses by the army continued. In Cabinda FAA troops tortured, beat,
and illegally detained citizens suspected of FLEC collaboration during
anti-insurgency operations, according to human rights NGOs.
In January 2009 a local NGO reported that security forces arrested
three citizens in Cabinda for crimes against the state and
collaboration with FLEC. Security forces beat and tortured them with
cigarette burns, prolonged sun exposure, heavy weights tied to their
testicles, and flogging until they bled from their ears, noses, eyes,
and mouths. There were no updates on the case by year's end.
In November 2009, according to Human Rights Watch (HRW),
approximately 60 soldiers arrived in the village of Sassa Zau Velho and
severely beat two elderly men. The soldiers pillaged the men's houses
and stole money. Villagers reported that the military commander of the
northern region in Cabinda later apologized. He also reportedly stated
that if victims could identify the perpetrators, the soldiers would be
punished. However, the victims were unable to identify the soldiers,
and the FAA neither restored the stolen goods nor paid damages to cover
the medical and hospital bills.
Reports of abuses by private security companies continued,
especially in Lunda Norte and Lunda Sul. According to reports from
human rights activists, private security contractors hired by diamond
companies to protect their concessions from illegal exploitation were
responsible for most of the violence.
Land mine and other ERW-related injuries continued during the year,
as infrastructure improvements made possible increased movement of
persons and goods in rural, war-affected areas. At least 12 persons
were killed by unexploded ordnance (see section 1.a.) and at least
three were injured.
Prison and Detention Center Conditions.--Prison conditions were
harsh and life threatening. NGOs reported that prison officials
routinely beat and tortured detainees.
Overcrowding and lack of medical care, sanitation, potable water,
and food caused some prison deaths. It was customary for families to
bring food to prisoners, but guards demanded bribes as a precondition
for food delivery. Some prisoners died of disease, especially in
provincial prisons. Prison conditions varied widely between urban and
rural areas. As of September 2009 there were 16,183 inmates in prison.
During the year foreign government officials visited a model prison
in Bengo that had sanitation, ventilation, lighting, medical care,
potable water, and sufficient food for the number of prisoners.
On August 14, Amnesty International (AI) reported that 34 prisoners
in Lunda Norte suffered from a lack of sanitation, drinking water, and
food. The same prisoners also suffered from vomiting, diarrhea, blood
loss, malaria, and pneumonia, for which they received no medical
treatment. No information was available at year's end on whether the
prisoners eventually received medical treatment.
Most prisoners were allowed visitors, and the law provides for
prisoners to practice freedom of religion. The Government allowed
prisoners to submit complaints to judicial authorities and to request
investigation of conditions. The Government investigated and monitored
prison and detention center conditions.
The Government opened one new prison in Bengo Province during the
year. Two facilities were under construction in Lunda Norte and Zaire
provinces to alleviate the overcrowding that sparked riots in 2007 in
which at least two persons were killed.
According to a March 24 article in the Jornal de Angola, the
N'dalatando prison in Kwanza Norte held 378 prisoners, 305 of whom had
been sentenced; 73 were in pretrial detention.
On May 1, the weekly independent newspaper Folho 8 reported that
more than 2,000 prisoners either were being held nationwide in
prolonged pretrial detention or were not being released after having
completed their sentences.
On June 1, the Kuando prison director reported that the prison,
which originally was built for 36 prisoners, currently held 565
inmates, of whom 350 prisoners were in pretrial detention. The prison
reportedly lacked running water, electricity, a health clinic, and
educational facilities. Female and male prisoners were housed together.
Kwanza Sul's jail in Sumbe held 1,144 prisoners, 428 of whom were
in pretrial detention.
Chronically underpaid prison officials supported themselves by
stealing from prisoners and extorting money from inmates' family
members. Prison guards continued to demand that prisoners pay for
weekend passes to which they were entitled. There were continued
reports of prison officials operating an informal bail system,
releasing prisoners until their trial dates for a fee.
Female inmates informed the UN Working Group on Arbitrary
Detentions that prison guards regularly raped them.
On March 20, the progovernment newspaper Jornal de Angola reported
that Jean Pierre Kindudi and another inmate, both residents of the DRC,
had been imprisoned since 2007 in Kwanza Norte Province without contact
with representatives of their home country.
On April 17, Folho 8 reported that inmate Beatriz Antonia became
pregnant while in prison and prison officials encouraged her to have an
abortion. When she refused, she was placed in solitary confinement.
Authorities at provincial prisons regularly housed juveniles, often
incarcerated for petty theft, together with adults, and subjected the
children to abuse by guards and inmates; however, authorities in urban
prisons often separated juveniles from the main prison population.
Juvenile detention centers existed in Luanda but were severely
overcrowded.
Authorities frequently held pretrial detainees with sentenced
inmates and held short-term detainees with those serving long-term
sentences for violent crimes, especially in provincial prisons. On
April 30, prison officials released 41 prisoners who were held in
pretrial detention.
The Government permitted visits by independent human rights
observers. The Government permitted foreign diplomatic personnel and
local and international human rights observers to visit prisons during
the year. In April a foreign diplomatic delegation visited the prison
in Bengo Province. Diplomats reported that they were allowed to speak
to the prisoners, who reported difficulty accessing justice. Some had
completed their sentences but remained incarcerated because a
magistrate had not reviewed their cases.
An ombudsman existed to help ensure cases reached the justice
system. The office addressed some human rights issues.
d. Arbitrary Arrest or Detention.--The law prohibits arbitrary
arrest and detention; however, police legally can detain an individual
under reasonable suspicion for six hours without evidence of a crime.
Security forces often did not respect these prohibitions in practice.
According to a local NGO, police arbitrarily arrested individuals
without due process. For example, on September 11, five heavily armed
police officers entered Mateus Manuel da Cunha's residence in Rangel,
Luanda, without an arrest warrant. They accused the suspect of being a
``dangerous antisocial element'' and detained him. No further
information was available at year's end.
An investigation continued at year's end into the February 2009
case in which police arbitrarily detained two youths at police
headquarters when they delivered an obituary notice about the youths'
cousin, a victim of a gang killing in Luanda.
Local human rights NGOs reported that authorities detained family
members of individuals wanted by the police.
During the year 24 Cabindans were detained for supposed crimes
against the state, compared with 30 detained in 2009. HRW reported that
40 individuals have been arbitrarily arrested in Cabinda since 2007.
On August 21, the Cabinda Supreme Court freed four citizens, Joao
Paulo Mombo, Joao Baptista Maiele, Zacarias Joao Zau, and Marcos Lubuca
Malila Tovo, who were sentenced to 24 months in prison in 2008 for
crimes against state security. The four were detained in 2008 by FAA
soldiers, who accused them of involvement in a FLEC attack.
Role of the Police and Security Apparatus.--The National Police,
controlled by the Interior Ministry, are responsible for internal
security and law enforcement. The Internal Intelligence Service reports
to the presidency and investigates sensitive state security matters.
The FAA is responsible for external security but also has domestic
security responsibilities, including border security, expulsion of
illegal immigrants, and small-scale actions against FLEC separatists in
Cabinda.
Other than personnel assigned to elite units, police were poorly
paid, and the practice of supplementing income through extortion of
civilians was widespread. Corruption and impunity remained serious
problems. Most complaints were handled within the National Police by
internal disciplinary procedures, which sometimes led to formal
punishment, including dismissal. However, the Government did not
establish mechanisms to expedite investigations and punish alleged
offenders, and it rarely disclosed publicly the results of internal
investigations.
The Government's closure of the UN Human Rights Office (UNHRO) in
2008 hampered the Ministry of Interior's efforts to train police and
army recruits. However, police participated in professional training
with foreign law enforcement officials from several countries in the
region.
Arrest Procedures and Treatment While in Detention.--Prior to an
arrest, the law requires a judge or magistrate to issue a warrant,
although a person caught committing a crime may be arrested immediately
without a warrant. However, security forces did not always procure
arrest warrants before detaining persons. Police did not obtain
warrants before conducting searches for illegal vendors and making
sweeps of public markets. A local NGO estimated that as many as 75
percent of searches were conducted without a warrant.
The constitution provides the right to prompt judicial
determination of the detention's legality, but authorities often did
not respect this right in practice.
The law mandates that detainees be informed of charges against them
within five days, or the prosecutor may permit the suspect to return
home and provide a warrant of surveillance to local police. This
generally occurred in practice.
If the crime is a misdemeanor, the suspect may be detained for 30
days before trial. If the crime is a felony, the prosecutor may prolong
pretrial detention up to 45 days. Pretrial detention may be prolonged
by court order while officials build their case. The requests are not
in the public domain, which made it difficult to determine whether
authorities exceeded the limits.
A functioning but ineffective bail system, widely used for minor
crimes, existed. Prisoners and their families reported that prison
officials demanded bribes to release prisoners. Prisoners are allowed
access to a lawyer.
Unlawful arrest and detention continued to be serious problems.
NGOs continued efforts to secure the release of persons detained
illegally. Detainees should not be held longer than 24 hours, but many
are held for days. In 2009 NGOs reported more than 500 cases of illegal
detentions.
On August 11, AI reported that the 34 persons held in Dundo Prison
for crimes against state security had been waiting nine months for a
trial. The individuals participated in an NGO active in Lunda Norte to
promote administrative and financial federalism for the province.
In mining provinces such as Lunda Norte, Lunda Sul, and Bie,
international organizations reported that government security forces
detained illegal immigrants and their families in transit centers,
where the security forces subjected them to systematic rape and body
cavity searches, as well as depriving them of food and water.
For example, between September and December, police expelled
approximately 12,000 illegal immigrants, most of them diamond workers
in Lunda Norte and Lunda Sul. NGOs and the media reported acts of
violence and degrading treatment, including rape and sexual abuse,
associated with these operations.
Security officials arbitrarily arrested members of the opposition.
On September 23, the online independent news source Club-K reported
that police in Bie Province detained one person for attending a UNITA
meeting. However, UNITA member Alcildes Sakala reported that the police
detained 11 persons over two days for belonging to UNITA.
Cabinda residents continued to report that security forces detained
persons suspected of FLEC activity or collaboration.
Between January 8 and 17, police arrested six individuals,
Francisco Luemba, Belchior Lanso Tati, Raul Tati, Jose Benjamin Fuca,
Andre Zeferino Puati, and Barnabe Paca Peso in Cabinda for ``Crimes
against state security `` for collaborating with FLEC. The six
individuals were formally charged in March. Andre Zeferino Puati was
convicted for armed rebellion and homicide allegedly committed on
January 8 and sentenced in early June to three years in prison for
possessing documents calling for protest against the Government. On
August 23, four of the detainees were convicted of ``other acts'' under
the state security law, sentenced to between three and six years'
imprisonment, and required to pay $600 to $1,200 fines. They were
arrested for possessing documents about FLEC and for allegedly
intellectually supporting the FLEC movement. Barnabe Paca Peso was
acquitted in September. Luemba, Lanso Tati, Tati, Fuca, and Puati were
released in late December.
In early April, Felix Sumbo was detained for possessing T-shirts
with the names of six detainees and the phrase, ``The truth will set
them free'' printed on them. Sumbo was held for three days before being
released.
Also in early April, police raided Antonio Paca Pemba Panzo's
residence to search for the same T-shirts. Although police did not find
the T-shirts, they arrested and detained him for seven months. Panzo
reported that police mistreated him while in prison. He was released in
November after charges against him were dropped.
The law mandates access to legal counsel for detainees and states
that indigent detainees should be provided a lawyer by the state. These
rights often were not respected, in part due to the shortage of legal
professionals. The law also allows family members prompt access to
detainees; however, this occasionally was ignored or made conditional
upon payment of a bribe.
Excessively long pretrial detention continued to be a serious
problem. An inadequate number of judges and poor communication among
authorities contributed to it. Police beat and then released detainees
rather than prepare a formal court case. In some cases, authorities
held inmates in the prison system for up to two years before their
trials began. NGOs reported that more than 50 percent of inmates were
pretrial detainees, most of whom had not been formally charged. The
Government did not release detainees who had been held beyond the legal
time limit, claiming that previous releases of pretrial detainees had
resulted in an increase in crime.
e. Denial of Fair Public Trial.--The constitution provides for an
independent judiciary; however, the judiciary remained understaffed,
inefficient, corrupt, and subject to executive and political influence
(see section 4).
The president appoints Supreme Court justices for life terms
without confirmation by the National Assembly. The Supreme Court
generally heard cases concerning alleged political and security crimes.
The Ministry of Defense also tried civilians in military courts.
There were long trial delays at the Supreme Court level. Criminal
courts also had a large backlog of cases, which resulted in major
delays in hearings.
Informal courts remained the principal institutions through which
citizens resolved conflicts in rural areas. Traditional leaders also
heard and decided local cases. These informal systems did not provide
citizens with the same rights to a fair trial as the formal legal
system. Instead, each community in which they were located established
local rules.
Most municipalities did not have prosecutors or judges. Local
police often served as investigator, prosecutor, and judge. Both the
National Police and the FAA have internal court systems that generally
remained closed to outside scrutiny. Although members of these
organizations can be tried under their internal regulations, cases that
include violations of criminal or civil laws can also fall under the
jurisdiction of provincial courts.
Trial Procedures.--The law provides for the right to a fair trial;
however, the Government did not always respect this right. Suspects
must be in the presence of a judge and defense attorney when charged.
Defendants are presumed innocent until convicted. By law trials are
usually public, although each court has the right to close proceedings.
Juries are not used. Defendants have the right to be present and to
consult with an attorney in a timely manner. The law requires that an
attorney be provided at public expense if an indigent defendant faces
serious criminal charges. Outside of Luanda, the public defender was
generally not a trained attorney due to shortages in qualified
personnel. Defendants do not have the right to confront their accusers.
They may question witnesses against them and present witnesses and
evidence on their own behalf. The Government did not always respect
these rights in practice.
Defendants and their attorneys have the right to access government-
held evidence relevant to their cases. In addition defendants have the
right to appeal. Lawyers and prosecutors can appeal if the sentence is
unsatisfactory, but only a higher court can modify the sentence.
However, the Government did not always respect these rights in
practice.
The law extends to all citizens. A separate court under the
Ministry of Justice is designated for children's affairs. It functions
as part of Luanda's provincial court system. The Luanda juvenile court
hears cases of youth under the age of 18 who are victims of a crime.
The juvenile court also hears cases of minors between the ages of 12
and 16 who are accused of committing a criminal offense. Minors over
the age of 16 accused of committing a criminal offense are tried in the
regular court system. In many rural provinces, there is no provision
for juvenile courts, so offenders are tried as adults.
Political Prisoners and Detainees.--There were reports of political
prisoners. On September 23, an independent, online news outlet Club-K
reported that police in Bie Province detained one person for attending
a UNITA meeting. UNITA member Alcildes Sakala additionally reported
that police detained 11 persons over two days for belonging to UNITA.
In May 2009 the president of a local movement for autonomy and
independence, Jota Malakito, was taken into police custody and held
incommunicado. On October 8, he was transferred from Viana Penitentiary
Center to Dundo, Lunda Norte, where he was tried with 33 other persons
accused of crimes against state security and instigating a rebellion.
As of year's end Malakito remained in prison.
Regional Human Rights Court Decisions.--On May 12, the African
Commission on Human Rights found the country in violation of several
articles in the African charter in relation to a 2004 case in which 14
Gambians were deported along with approximately 126,250 other
foreigners, under a government program called Operacao Brilhante, a
campaign whose aim was to rid the mining areas of foreigners. The
commission recommended that the Government establish a commission of
inquiry to investigate. Foreign Minister Assuncao dos Anjos responded
that the country was being unjustly criticized, likely due to a
misunderstanding of its law.
Civil Judicial Procedures and Remedies.--Although the law provides
for an independent and impartial judiciary in civil matters, the
judiciary was subject to political interference. Civil courts
functioned in some provinces but faced severe backlogs. In 2009
Luanda's civil courts had more than 2,000 pending civil suits. The
Ministry of Justice continued work with national and international
partners to improve court clerk training and technical capacity in
provincial and municipal civil courts. Damages for human rights
violations could be sought in court, but no cases were tried during the
year.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The constitution and law prohibit such actions, but
the Government did not always respect these prohibitions in practice.
For example, citizens widely believed that the Government maintained
surveillance of certain groups, including government critics,
opposition parties, and journalists.
During the year the National Assembly approved a law dictating that
citizens could not be relocated without being provided a fair
indemnification. In practice, more than 6,000 persons were relocated
during the year; most did not receive a fair indemnification. Under the
new constitution, all land belonged to the state. The state claimed
many of the former residents did not have clear title to the dwellings,
which were constructed illegally.
During the year there were numerous instances in which the
Government exercised the right of eminent domain to destroy private
homes. The former homeowners were not compensated at fair market value
for the loss of their residences or land. The Government demolished
housing in Cabinda, Benguela, Lubando, Malange, and Huila provinces and
sometimes forcibly relocated residents to vacant sites.
For example, on January 25, 12 houses in Benguela were destroyed
and the residents were relocated to a nearby vacant area.
On March 6, the Huila provincial government destroyed the homes of
more than 3,000 persons. Seven persons were killed during the
destruction, including one child. The individuals were relocated to a
field in Tchavola approximately six miles outside of Huila. Initially,
they were provided with tents in a muddy field although eventually the
Government gave them food, water, medical services, and transportation.
However, the individuals were not provided fair compensation for their
homes.
In August the Huila provincial government also destroyed the homes
of more than 1,800 persons in Matala and Quipungo municipalities. Huila
Governor Isaac dos Anjos told the weekly independent newspaper Novo
Jornal on October 22 that he was following instructions when he ordered
homes destroyed to make way for the Mocamides railway.
On September 29, the Benguela provincial government destroyed 1,557
houses in Lubango. The Government had originally earmarked 320 houses
for demolition, but it had not warned residents about when the
demolitions would begin. Residents also were not given land in
compensation nor materials to construct another house. The new site was
located four miles from Lubango, making it difficult for residents to
work.
During the year officials from the Jardims de Eden housing project
threatened residents of Luanda's Baghdad and Iraq neighborhoods
attempting to displace them from profitable building land. Residents
successfully organized a campaign to resist attempts at intimidation
and insist on receiving fair indemnification.
In April 2009 the Government relocated approximately 1,500 families
(9,000 persons) from downtown Luanda to Zango, 10 miles away. At year's
end, according to the families' resident's association, only 24
families had received land. Some individuals were given basic but
insufficient construction material, resulting in poor quality
dwellings. Most residents continued to live in tents with no running
water, health clinics, sanitation services, education, transportation,
or electricity.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The constitution and law provide
for freedom of speech and of the press; however, government regulations
and minimal independent media outside of Luanda limited these rights in
practice. Human rights activists and journalists practiced self-
censorship.
For example, journalist Antonio Freitas stated in a May 15
interview with the BBC that a culture of self-censorship exists among
journalists.
Individual citizens reported practicing self-censorship but were
generally able to criticize the Government without fear of direct
reprisals. The Government engaged in subtle repression and economic
coercion, often in the form of withdrawing business or job
opportunities, to discourage criticism. For example, an NGO reported
that citizens often curtailed their support of an opposition political
party because they would suffer reprisal from MPLA supporters.
There were 12 privately owned weekly newspapers and four Luanda-
based commercial radio stations. All but three of these publications--
Folha 8, Angolense, and Agora--were rumored to be owned by groups or
individuals tied to the Government. The Government permitted state-
owned Radio Nacional to broadcast nationally, but all other stations
could only broadcast in provinces where they opened radio stations.
Authorities did not allow independent stations to use repeaters to
expand their signal reach. As a result, most private radio stations
only broadcasted in Luanda. Radio Mais, whose ownership included
individuals associated with the ruling party, also broadcasted in
Huambo and Benguela.
On June 5, the firm Media Investments bought two major privately
owned newspapers, Semanario Angolense and Semanario A Capital.
According to a former owner of Semanario Angolense, he was forced to
sell because the newspaper was no longer profitable, and advertising
revenues had suddenly and suspiciously ceased. He suspected that
government-linked officials objected to the newspapers' critical
editorial line and forced or encouraged advertisers to end contracts
with the newspaper.
In August government officials reportedly confiscated and burned
all 3,500 copies of Seminario Angolense due to an article criticizing
the president as well as the recent increase in the price of gasoline
and diesel fuel. The following week the newspaper printed an
explanation stating that there had been ``technical issues'' with the
printing of the newspaper.
In October the new owner of the weekly newspaper A Capital, an
alleged subsidiary of Media Investments, ordered copies to be burned at
the press. According to some of the newspaper's editors, that week's
edition criticized the president's project to build one million houses.
The paper did not circulate for two weeks.
Independent radio and print media criticized the Government openly
and at times harshly, but at their peril. Local journalists were not
able to criticize government officials, particularly the president,
without fear of arrest or harassment.
The Government also restricted nationwide independent broadcasting
through licensing laws. However, despite such restrictive laws, Radio
Mais broadcasted to three provinces outside Luanda. During the year
Radio Ecclesia negotiated with the Ministry of Social Communication to
expand its broadcast range to five provinces. Multiple community-based
radio stations opened during the year, including the popular Radio
Cazenga.
During the year authorities arrested, harassed, and intimidated
journalists.
In January Jose Gimbi received death threats because of his
reporting, specifically for VOA.
On September 5, Alberto Graves Chakussanga, a journalist for Radio
Despertar, was shot and killed in his home in Luanda. It was unclear if
his death was related to his role as a journalist. An investigation was
ongoing at year's end.
In mid-September, there was a burglary at the home of Irene Mujoco,
a reporter for the weekly newspaper O Pais. All his work-related
equipment was stolen. A few days later the car of another O Pais
reporter, Eugenio Mateus, was vandalized. All his belongings in the car
were stolen.
On September 23, Norberto Sateco, a reporter for the independently
owned TV Zimbo, was shot in the legs by unknown assailants in Luanda.
Sateco had worked for the VOA in Luanda until its multipress office
closed in 2007.
On September 30, three Luandan-based journalists travelling to
Lubando, Huila Province, had their equipment confiscated by local
police after reporting on the housing demolitions. A heavy police
presence contributed to a climate of intimidation and hampered the
media's normal activities at the demolition site.
On October 22, Antonio Manuel Da Silva, journalist for Radio
Despertar, a station critical of the Government and linked to the
opposition party UNITA, was attacked and stabbed on his way home from
work. An investigation was pending at year's end.
There were reports that security forces interfered with
journalists' attempts to take pictures or video during the year. In the
period prior to the African Cup of Nations soccer tournament in
Cabinda, journalists were detained for photographing the stadiums.
Visitors were warned during the year not to take photographs of any
government-affiliated buildings or persons because security forces
might seize their cameras or detain them.
For example, in December 2009 reporters Jose Gimbi and Benoit
Falcao were detained for photographing a stadium in Cabinda.
Defamation is a crime punishable by imprisonment or fine. Accuracy
is not an acceptable defense against defamation charges; the accused
must provide evidence proving the validity of the allegedly damaging
material.
In 2009 journalist Armando Chicoca was accused of defamation. The
president of the provincial court of Namibe Province, Antonio
Vissandule, accused Chicoca of four accounts of defamation. Chicoca was
tried and awaiting sentencing at year's end. Chicoca also reported
receiving death threats in January, which he felt were linked to two
legal cases pending against him.
The minister of social communications, the spokesperson of the
presidency, and the national director of information, maintained
significant decision-making authority over the media.
Official news outlets, including Angolan Public Television (TPA),
favored the ruling party and largely ignored the opposition in their
reporting. Opposition parties were given limited access to state-owned
media and were requested to pay in exchange for coverage of their
events and statements.
Internet Freedom.--Individuals and groups could engage in the
peaceful expression of views via the Internet, including by e-mail.
Unlike in previous years, there were no reports that the Government
monitored Internet chat rooms, Web sites, or pressed for the removal of
defamatory material. Availability of Internet service and Internet
cafes increased during the year, but the high cost of Internet service
put it beyond the reach of most citizens.
Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.
b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The constitution and law provide for the right of assembly;
however, the Government at times restricted this right. The police
impeded peaceful demonstrations at least three times during the year.
The law requires written notification to the local administrator
and police three days before public assemblies are to be held, but it
does not require government permission for such events. However, the
Government at times prohibited events based on perceived or claimed
security considerations. Participants potentially were liable for
``offenses against the honor and consideration due to persons and to
organs of sovereignty.'' Police and administrators did not interfere
with progovernment gatherings. However, groups intending to criticize
the Government often met a heavy police presence and government excuses
preventing them from carrying out the event. Usually the Government
claimed that the timing or venue requested was problematic or that the
proper authorities had not received notification.
On March 25, the NGO Omunga attempted to stage a peaceful
demonstration in Benguela to protest housing demolitions. Authorities
prevented the demonstration from taking place, citing various legal
arguments. The demonstration eventually took place on April 10 but on a
much smaller scale.
On May 22, activists in Cabinda attempted to stage a protest about
the prolonged pretrial detention of six individuals in prison since
January. Authorities used a strong police presence to intimidate the
protesters and prevent the demonstration.
On November 3, two NGOs, ``Plataforma Mulheres em Accao'' and Open
Society Institute, walked to the National Assembly to encourage the
legislature to vote on a law against domestic and family violence. Five
of the demonstrators were detained for five hours and later released.
Police claimed that the public demonstration was not authorized.
Organizers claimed they had notified authorities.
Freedom of Association.--The constitution and law provide for the
right of association, and the Government generally respected this right
in practice. Extensive and unexplained delays in the NGO registration
process continued to be a problem. For example, four civil society
associations (AJPD, the Human Rights Coordination Council, Maos Livres,
and Omunga) constituted between 200006 remained without certificates to
operate from the Ministry of Justice at year's end. According to the
Government, there were 329 national and 133 international NGOs active
in the country.
The Government sometimes arbitrarily restricted the activities of
associations it considered subversive by refusing to grant permits for
organized activities. During the year opposition parties generally were
permitted to organize and hold meetings; however, opposition officials
continued to report minor obstructions to the free exercise of their
parties' right to meet. For example, during the year local authorities
in multiple provinces threatened to close UNITA's headquarters building
as well as threatened members who attended meetings.
c. Freedom of Religion.--For a description of religious freedom,
please see the 2010 International Religious Freedom Report at
www.state.gov/drl/irf/rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution and law provide for
freedom of movement within the country, foreign travel, emigration, and
repatriation; however, the Government at times restricted these rights
in practice. During the year the Government improved the road network
and decreased checkpoints between provinces. The Government cooperated
with the UN High Commissioner for Refugees (UNHCR), the International
Organization for Migration, and other humanitarian organizations in
providing protection and assistance to internally displaced persons
(IDPs), returning refugees, asylum seekers, and other persons of
concern.
Extortion and harassment at government checkpoints in rural areas
and at provincial and international border checkpoints interfered with
the right to travel. Extortion by police was routine in cities on major
commercial routes. The Government and private security companies
restricted access to designated diamond concessions. Citizens living
near concession areas regularly were denied access for any purpose,
including obtaining water.
For example, in November well-known journalist Rafael Marques
reported that police detained him in Lunda Norte for no reason. After
extricating himself from the situation, he later encountered another
threatening road block.
In May the National Criminal Investigation Department (DNIC)
investigated William Tonet, the publisher of the weekly newspaper Folha
8, for supposed crimes against the state; no trial had taken place by
year's end. On May 9, authorities seized Tonet's passport when he
attempted to visit Namibia. Police notified Tonet that he was on a list
of persons forbidden to leave the country.
NGOs reported that security forces often used excessive force in
expelling illegal artisanal miners and their families. In late October,
NGOs in the DRC reported that Angolan officials had subjected more than
300 persons to lengthy detention in inhumane conditions in Angola,
deprived them of food and water, and subjected them to sexual violence.
Authorities then deported the refugees to the DRC and left them at the
border naked. Angola expelled approximately 12,000 persons in the last
three months of the year.
Land mines and other ERW remaining from the civil war continued to
impede freedom of movement in rural areas.
The constitution prohibits forced exile, and the Government did not
employ it.
Internally Displaced Persons.--Officially there were no IDPs. The
majority of persons previously considered IDPs did not intend to return
to their area of origin, as many considered their new locations to be
home. Some of those yet to return to their homes stated that a lack of
physical infrastructure and government services, such as medical care,
and the presence of land mines, were major deterrents to their return.
The Ministry of Assistance and Social Reinsertion (MINARS) has
primary responsibility for returnees and any remaining IDPs, as well as
housing and resettlement programs; however, its efforts remained
inadequate. MINARS delegated primary responsibility to provincial
governments to ensure safe, voluntary resettlement in areas cleared of
mines and with access to water, arable land, markets, and adequate
state administration.
From January to November 2009, the Government forcibly expelled
85,000 illegal Congolese immigrants to Bas-Congo, and the DRC
retaliated by forcibly returning approximately 52,000 recognized
Angolan refugees. However, smaller expulsions along the entire border
between the two countries continued throughout the year. The United
Nations Organization Mission in the Democratic Republic of Congo
verified that DRC authorities had conducted most of their expulsions in
2009 peacefully. Nonetheless, expelled Congolese entering the DRC
reported that Angolan security forces committed abuses against them.
According to the UNHRO, between January and February 2009, 9,205
Congolese allegedly were expelled from the country, including 1,943
women of whom 304 allegedly were raped.
By February all Angolan returnees who left the DRC in late 2009 had
been settled in communities, mostly in Uige and Zaire provinces.
Government officials and returnees reported in both February and
September that they still needed legal assistance to regularize their
status, supplies to restart their careers, education and language
training, agricultural supplies, and housing materials.
The Government did not usually restrict aid efforts by
international humanitarian groups. However, the International
Organization for Migration and other international organizations
reported that the Government sometimes denied them access to camps for
returnees in Zaire and Uige provinces before the returnees were settled
in communities.
Protection of Refugees.--The country's law provides for the
granting of asylum or refugee status, and the Government has
established a system for providing protection to refugees. There were
14 refugee settlement areas, 10,537 refugees, and 3,936 asylum seekers
during the year.
The Government provided some protection against the expulsion or
return of refugees to countries where their lives or freedom would be
threatened on account of their race, religion, nationality, membership
in a particular social group, or political opinion. In October 2009 the
Government and the UNHCR resumed joint efforts to repatriate thousands
of refugees remaining outside the country since the civil war. These
efforts continued during the year.
During the year Angolan refugees returned from Namibia, Zambia, the
Republic of Congo, and the DRC. According to UNHCR statistics,
approximately 85,000 Angolan refugees remained in neighboring countries
at year's end.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution and law provide citizens with the right to change
their government peacefully. Citizens were able to exercise the right
to elect legislative representatives in 2008. The new constitution,
adopted in February, designates the president as head of state, renamed
the parliament the ``National Assembly,'' and replaced the prime
minister with a vice president. However, the right to elect local
leaders remained restricted and elections did not occur at the
provincial or municipal levels.
Elections and Political Participation.--After having postponed
parliamentary elections for two years, the Government held the first
postwar elections in 2008. The ruling MPLA won 81.6 percent of the
vote. Domestic and international observers reported that polling
throughout the country was peaceful and generally credible, although
the ruling party enjoyed advantages due to state control of major media
and other resources. Serious logistical failures marred polling in the
capital, Luanda. Opposition parties criticized many aspects of the
electoral process, including state control of the major media, late
disbursement of public campaign funds, the National Electoral
Commission's (CNE) failure to accredit some opposition and civil
society electoral observers, and the CNE's last-minute decision to
discard the legal requirement that a voter registry be used to verify a
voter's identity and residence at polling stations. Despite these and
other irregularities, election day was peaceful, and more than 87
percent of registered voters participated. Opposition parties generally
accepted the electoral results.
Observers had expected a presidential election in 2009. However,
elections did not occur due to a delay to accommodate constitutional
reform. The new constitution calls for elections within five years of
the previous elections. Voters will elect candidates from a party list,
with the presidential candidate at the head of the list.
The new constitution calls for a ``gradual'' dissemination of power
to the provincial and municipal level.
The ruling MPLA party dominated all political institutions.
Political power was concentrated in the presidency and the Council of
Ministers, through which the president exercised executive power. The
council can enact laws, decrees, and resolutions, assuming most
functions normally associated with the legislative branch. The National
Assembly consists of 220 deputies elected under a party list
proportional representation system. This body has the authority to
draft, debate, and pass legislation, but in practice laws generally
were drafted and proposed by the executive branch for the assembly's
approval. After the 2008 legislative elections, opposition deputies
held fewer than 20 percent of the parliamentary seats.
In August the president of the National Assembly issued a decree
that curtailed the National Assembly's ability to question certain acts
of the executive branch. The power to hold the executive branch
accountable had not been restored by year's end.
There were five political parties represented in the National
Assembly: the MPLA, UNITA, the National Liberation Front for Angola ,
the Social Renovation Party , and Novo Democracia. After the 2008
elections, any of the 96 parties that failed to obtain a legislative
seat or 0.5 percent of the vote ceased to exist. Under the new
constitution, at least two new parties could seek legalization to run
in the next elections, scheduled for 2012.
Opposition parties stated that their members were subject to
harassment, intimidation, and assault by supporters of the MPLA. UNITA
continued to argue that the MPLA had not lived up to the terms of the
2002 peace accord, and former combatants lacked the social services and
assistance needed to reintegrate into society. Former combatants also
reported difficulties obtaining pensions due to bureaucratic delays or
discrimination. UNITA headquarters buildings in at least three
provinces were denied access to public utilities, including electricity
and water. During the year UNITA reported that its flags were defaced
and its buildings vandalized.
In July UNITA reported that a member was attacked and killed on the
street while leaving a party meeting. The victim was wearing a UNITA T-
shirt. Party representatives believed the attack was politically
motivated.
On July 28, Jornal de Angola ran a full-page article titled, ``The
Coup-ist Thesis of UNITA's Youth Movement (JURA).'' The article
extracted statements from JURA's platform to portray the movement as
trying to overthrow the Government. UNITA interpreted this article and
two others highlighting the JURA youth conference as instances of
intimidation and slander.
On August 2, a woman wearing clothes that identified her as a UNITA
member was beaten and killed as she was leaving a UNITA meeting. UNITA
members believe she was killed because of her party affiliation.
In September UNITA reported that one of its members, Soba Bernardo
Samangomba, was detained by the Bie police for four days for attending
a UNITA meeting.
Opposition party members and civil society leaders cited examples
of political intolerance during the 2008 election process.
Of the 220 deputies in the National Assembly, 82 were women (38
percent), exceeding the UN-recommended quota of 30 percent . Women also
held three of the 18 governorships (16 percent) and led nine of the 31
ministries (29 percent).
The country has three dominant linguistic groups: the Ovimbundu,
the Mbundu, and the Bakongo, which together constitute approximately 77
percent of the population. All are represented in government. Other
groups are also taking part in governing at the national level. There
were six members of smaller ethnic groups in the National Assembly and
one minority member in the cabinet who was Chokwe. Political parties
must be represented in all 18 provinces; however, the majority of
political parties had limited national constituencies. By law no
political party could limit party membership based on ethnicity, race,
or gender.
Section 4. Official Corruption and Government Transparency
The law provides criminal penalties for official corruption;
however, the Government did not implement these laws effectively, and
local and international NGOs and media sources reported that officials
engaged in corrupt practices with impunity. The Financial Court was the
Government agency responsible for combating government corruption;
however, the DNIC also investigated some cases.
The World Bank's Worldwide Governance Indicators reflected that
corruption was a severe problem.
Government corruption was widespread, and accountability was
limited due to a lack of checks and balances, lack of institutional
capacity, and a culture of impunity. Despite the widespread perception
that government corruption at all levels was endemic, public
prosecutions were rare.
In October the president fired both the minister of the interior
and the vice minister for immigration for authorizing the illegal
extradition of a Portuguese citizen from Sao Tome and Principe. The
media reported that the Portuguese man was accused of embezzling funds
from a local businessman, who also was a business partner of the
interior minister. Despite a presidential statement declaring the
extradition illegal, no charges were brought against any government
officials involved in the case.
In March the National Assembly approved a new law on public
probity, which required most government officials to declare their
assets to the attorney general. However, the information was not made
available to the general public during the year, and the president,
vice president, and president of the National Assembly were exempt from
the law's requirements.
The judiciary is corrupt and subject to political influence and
conflict of interest.
In April five high-level immigration officials were convicted of
embezzlement of public funds and accepting bribes. They were sentenced
to prison terms of eight years. In September the Constitutional Court
overturned the convictions. The court stated that the accused
officials' right to due process and a fair trial had been violated.
However, the press reported several conflicts of interest in the
ruling; in particular, the president of court and one of its judges
were both owners of the law firm that defended the accused and the lead
defense lawyer had also worked as a consultant to the court.
The Government made progress in improving transparency in its
economic operations, in large part due to the measures implemented
under a loan agreement reached with the International Monetary Fund
(IMF) in November 2009.
As a condition of the loan, the IMF required that the 2008 audit of
the state-owned oil company, Sonangol, be completed by an audit firm of
international reputation. The Government agreed to publish Sonangol's
audited financial statements for 2007 and 2008 and to adopt this new
transparency as part of normal standard practice for the future. In
addition the Government committed gradually to phase out the quasi-
fiscal activities of Sonangol to concentrate better such operations in
the central government. The Government continued to publish online a
detailed block-by-block accounting of the monthly revenues it received
from Sonangol's oil production. The Government also published its
proposed budget online, prior to adoption by the National Assembly.
However, there continued to be a significant lack of transparency in
the overall process of the Government's procurement and use of loans,
taken from both private banks and foreign governments.
To monitor and control expenditures more effectively, the Ministry
of Finance continued implementation of the Integrated Financial System,
a system designed to record all central government expenditures.
Parastatals, most notably Sonangol, were required to report
revenues to the central bank and the Ministry of Finance, but
inconsistent accounting practices hampered transparency.
Audits of Endiama, the state diamond parastatal, were not made
public. Serious transparency problems remained in the diamond industry,
particularly regarding allocation of exploration, production, and
purchasing rights.
The business climate continued to favor those connected to the
Government. Government ministers and other high-level officials
commonly and openly owned interests in companies regulated by or doing
business with their respective ministries. There are laws and
regulations regarding conflict of interest, but they were not widely
enforced. Petty corruption among police, teachers, and other government
employees was widespread. Police extorted money from citizens and
refugees, and prison officials extorted money from family members of
inmates (see sections 1.c., 1.d., and 2.d.).
There were credible reports of high-level officials receiving
substantial bribes from private companies awarded government contracts.
The law provides for public access to government information;
however, the information posted on most government Web sites remained
limited. The Government's limited technical capabilities restricted its
ability to provide information. Laws are made public by being published
in the official gazette; this publication can be purchased for a small
fee but is not available online.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A variety of domestic and international human rights groups
operated throughout the country. Some of those investigating government
corruption and human rights abuses alleged government interference in
their activities throughout the year.
More than 320 domestic NGOs and 133 international NGOs operated in
the country. An estimated 100 NGOs worked on human rights issues,
although only a few were considered effective. Local NGOs actively
promoted and defended human rights during the year by documenting
prison conditions, protesting forced evictions, providing free legal
counsel, lobbying government officials, and publishing investigative
reports.
The Law of Association requires NGOs to specify their mandate and
areas of activity. The Government used this provision to prevent or
discourage established NGOs from engaging in certain activities,
especially those that were politically sensitive or related to election
issues. Six NGOs did not have a registry certificate. Government
officials threatened to ban those NGOs it determined to be operating
outside their mandate or not effectively working on the specific issues
they were created to address; however, NGO leaders suspected the motive
was to silence their criticism. No new NGOs were banned during the
year.
Problems with governmental delays in processing registration
applications for NGOs continued. At least four NGOs remained
unregistered. One local NGO, AJPD, having not received the registration
certificate,filed a case against the Ministry of Justice to court. The
case had been pending since 2002, and there was no resolution by year's
end.Despite the lack of certification, all four organizations continued
to operate under a clause in the registration law that automatically
granted legal operating status if authorities did not reject a group's
application within 150 days, and the group continued to work closely
with some ministries.
The Government allowed local NGOs to exist and to carry out human
rights-related work. However, many NGOs were forced to limit the scope
of their work because they faced problems registering, were subject to
subtle forms of intimidation, and risked more serious forms of
harassment and closure.
The Government arrested and harassed NGO workers. On April 20,
Omunga Director Jose Patrocinio was detained in Luanda's airport.
Officials stated they had to verify the authenticity of his passport.
Others believe his detention was in retaliation for protesting the
destruction of houses.
Unlike in the previous year, the Government also criticized
domestic and international NGOs.
There were reports of police or military presence at community
meetings with international NGOs, especially in Cabinda.
Unlike in the previous year, there were no reports of foreign human
rights workers or researchers being detained.
Mpalabanda, a civil society organization formerly based in Cabinda,
remained banned. Its registration was rescinded in 2006 when it joined
the Cabindan Forum for Dialogue, an umbrella organization that
negotiated peace with the Government. The Government determined that
Mpalabanda was acting as a political entity outside of its legal
mandate as a civil society organization. Mpalabanda supporters
continued to distribute statements through the Internet and to attend
public forums throughout the year. Former leaders experienced low-level
harassment and intimidation throughout the year. For example, four of
the seven individuals detained in Cabinda for links with the attack on
the Togolese team were previous members of Mpalabanda.
The Government did not refuse visas to international NGO observers
or otherwise restrict their access to the country. However, some
international NGOs reported long delays in obtaining visas, although
the delays were not significantly longer than those experienced by
other foreigners.
The Government cooperated with international governmental
organizations and permitted visits by UN representatives; however, in
2008 the UNHRO closed its office following a government decision not to
grant a full mandate to the office. The decision to close the office
directly contradicted government commitments to work more closely with
the UNHRO, which were made when Angola won a three-year term on the UN
Human Rights Council in 2007.
The African Commission on Human Rights criticized the Government
for the deportation of Gambian citizens (see section 1.e.).
The National Assembly committee on human rights ostensibly focused
on human rights in the legislature; however, it did not issue any
reports.
State Secretary for Human Rights Bento Bembe spoke frequently about
human rights during the year. The position--a cabinet level minister
dedicated to human rights--has helped focus attention on human rights
in the country.
The Government denied allegations that the FAA perpetrated human
rights abuses in the DRC from 1993-2003 as reported in a UN Mapping
Report released during the year.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution and law prohibit discrimination based on race,
gender, religion, disability, language, or social status; however, the
Government did not effectively enforce these prohibitions. Violence and
discrimination against women, child abuse, child prostitution,
trafficking in persons, and discrimination against persons with
disabilities and indigenous persons were problems.
Women.--Rape, including spousal rape, is illegal and punishable by
up to eight years' imprisonment; however, limited investigative
resources, poor forensic capabilities, and an ineffective judicial
system prevented prosecution of most cases. The Organization of Angolan
Women operated a shelter in Luanda that offered special services for
rape victims. In 2009 the police commissioner in Luanda estimated that
10 cases of rape occurred daily nationwide, 40 percent in Luanda. The
Ministry of Justice worked with the Ministry of Interior to increase
the number of female police officers and to improve police response to
rape allegations. Police in Benguela were concerned with an increase in
rape, especially rape of children, as reported in a November 7 article
in the Jornal de Angola.
On May 1, the newspaper Folho 8 reported that a police officer
raped a 22-year- old woman.
Domestic violence against women, including spousal abuse, was
common and pervasive, particularly in urban areas. Domestic violence is
not illegal; however, the Government occasionally prosecuted it under
the law as rape or assault and battery. A 2007 preliminary study on
domestic violence in Luanda indicated that 78 percent of women had
experienced some form of violence since the age of 15. Twenty-seven
percent of women reported abuse in the 12 months preceding the study;
among women living in the poor outskirts of Luanda, 62 percent reported
abuse in the same time period. During the year police recorded 831
cases of domestic violence. The Ministry of Family and Promotion of
Women (MINFAMU) registered 283 cases of domestic violence for 2008.
Common-law husbands or boyfriends perpetrated the majority of violence.
The MINFAMU maintained a program with the Angolan Bar Association to
give free legal assistance to abused women; the ministry maintained
counseling centers to help families cope with domestic abuse.
Statistics on prosecutions for violence against women under these laws
during the year were not available.
Religious leaders in Lunda Norte and Uige reported that societal
violence against elderly persons and rural and impoverished women and
children occurred occasionally, with most cases stemming from
accusations of witchcraft. Some women were killed, beaten, or expelled
from their families, or died from mistreatment and malnourishment. The
religious leaders, who offered church-run shelters to the victims,
reported that police did not take action due to fears that the women
might practice witchcraft against them. According to an April 2009
article, priests killed more than 400 persons in ``faith-based'' cures
that involve violent rituals, beatings, and poison.
Sexual harassment was common and is not illegal. However, such
cases may be prosecuted under assault and battery and defamation
statutes.
Information on government provisions for reproductive health
services or diagnosis and treatment of sexually transmitted infections,
including HIV, was not available. Couples and individuals may decide
freely and responsibly the number, spacing, and timing of their
children, and have access to the information and means to do so free
from discrimination, coercion, and violence. Women have access to
contraception. According to a 2009 study published during the year,
17.7 percent of women have used contraception. According to the same
study, 47 percent of women who gave birth had four or more prenatal
consultations. Approximately 67 percent of women saw a qualified person
at least once, 49 percent of births were attended by a qualified
person, and 42 percent gave birth in a medical center. There were no
reports of coercive family planning practices, nor coercive
sterilization. There were no legal, social, cultural, or other barriers
that limit access to these services.
Under the constitution and law, women enjoy the same rights as men;
however, societal discrimination against women remained a serious
problem, particularly in rural areas. There were no effective
mechanisms to enforce child support laws, and women generally bore the
major responsibility for raising children. In addition the Ministries
of Labor and Health published an executive decree that listed the types
of jobs prohibited to women.
The law provides for equal pay for equal work; however, women
generally held low-level positions in state-run industries and in the
private sector or worked in the informal sector. In an interministerial
effort spearheaded by the MINFAMU, the Government undertook multiple
information campaigns on women's rights and domestic abuse and hosted
national, provincial, and municipal workshops and training sessions
during the year.
Children.--The Government was committed to protect children's
rights and welfare but lacked the human and logistical resources
required to provide necessary programs. The National Institute for
Children (INAC) had primary responsibility for coordinating government
action concerning children's affairs.
Citizenship is derived by birth within the country's territory or
from one's parents. However, the Government does not register all
births immediately, and activists reported that many urban and rural
children remained undocumented. As many as 30 percent of children under
five years old were undocumented, according to a 2009 study released
during the year. The Government did not permit undocumented children
access to the educational system, and fees for birth certificates and
identification cards remained prohibitive for impoverished families.
Although the official registration drive ended in 2004, the Government
continued to partner with UN Children's Fund to identify and assist
undocumented children and provided limited subsidies to cover fees for
families with proven financial need. The Government implemented a
previous plan to provide birth certificates in health clinics and
maternity wards during the year.
Education is free and compulsory for documented children until the
sixth grade, but students often had significant additional expenses.
The Ministry of Education had insufficient resources, and educational
infrastructure remained in disrepair. There were insufficient schools
and teachers to provide universal primary education. According to a
study conducted during the year, 77 percent of children between the
ages of six and 11 attended primary school. The same study reported
that 21 percent of students between the ages of 12 and 17 attended
secondary school. An independent study late in the year reported 18
percent of boys and 13 percent of girls enrolled in secondary or higher
education. The same study reported that 25 percent of the school-age
population did not attend school, and the drop out rate was 30 percent.
Children of any age in an urban area were more likely to attend
school than children in a rural area. Children in rural areas generally
lacked access to secondary education. Even in provincial capitals,
there were not enough classroom spaces for all the children who needed
school access. There were reports of families paying bribes to
education officials to ensure their child got a place in a classroom.
According to the UN Educational, Social, and Cultural Organization,
enrollment rates were higher for boys than for girls, especially at the
secondary level.
The Government provided free medical care for children with
identity documents at pediatric hospitals and health posts throughout
the country; however, in many areas, health care was limited or
nonexistent. Where medical care was available, boys and girls had equal
access.
Child abuse was widespread. Reports of physical abuse within the
family were commonplace, and local officials largely tolerated abuse.
Religion and superstitions played a role in child abuse. During the
year abuse of children accused of witchcraft continued to be a problem.
Children accused of witchcraft were subject to abuses such as isolation
from their families, denial of food and water, ritualistic cuttings,
and the placing of various caustic oils or peppers on their eyes or
ears. Children were sometimes killed during ``exorcism'' rituals. Most
cases of abuse relating to traditional beliefs occurred in Luanda,
Uige, and Zaire provinces. Vulnerable children, such as orphans or
those without access to health care or education, were more likely to
be victims of practices involving witchcraft. Government and religious
leaders called for an end to these practices, but the influence of
these traditional beliefs remained strong.
In September 55 children in Sanza-Pombo, Uige Province, were
accused of being witches. A Congolese priest chained and tortured 12
children for being witches and therefore dangerous to their families.
Churches, many based in the DRC, convinced impoverished families living
in rural areas and the outskirts towns that their children had
supernatural powers--leading to allegations that these children were
practicing witchcraft. According to the National Institute for Religion
Affairs, some religious sects were closed last year because they
endangered the health and welfare of citizens. Despite the lockout of
these religious sects, sporadic information on children accused of
practicing witchcraft continued especially in the northern provinces.
However, INAC reports that incidents involving witchcraft have gone
down 70 percent from 2003 through the end of the year. The INAC also
reported that an unknown number of individuals had gone to jail for
alleging children committed witchcraft.
In 2007 the Government created the National Children's Council, an
interministerial commission designed to define priorities and
coordinate the Government's policies to combat all forms of violence
against children, including unlawful child labor, trafficking, and
sexual exploitation.
The legal age for marriage, with parental consent, is 15 years old.
The Government did not enforce this restriction effectively, and the
traditional age of marriage in lower income groups coincided with the
onset of puberty. Common-law marriage was regularly practiced.
Child prostitution is illegal; however, local NGOs expressed
concern over child prostitution, especially in Luanda and Cunene
provinces. In February 2009 media sources reported on child
prostitution cases in Luanda. In March 2009 NGO leaders appealed to the
Government for a response; however, they did not receive one by year's
end.
Sexual relations between an adult and a child under the age of 12
are considered rape. Sexual relations with a child between the ages of
12 and 15 may be considered sexual abuse, with convicted offenders
liable for sentences of up to eight years in prison; however, limited
investigative resources and an inadequate judicial system prevented
prosecution of most cases. There were no known prosecutions during the
year.
The country is not a party to the 1980 Hague Convention on the
Civil Aspects of International Child Abduction. For information on
international parental abduction, please see the Department of State's
annual report on compliance at http://travel.state.gov/abduction/
resources/congressreport/congressreport--4308.html as well as country-
specific information at http://travel.state.gov/abduction/country/
country--3781.html.)
Anti-Semitism.--There is a Jewish community of approximately 350
persons, primarily Israelis. There were no reports of anti-Semitic
acts.
Trafficking in Persons.--For information on trafficking in persons,
please see the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip.
Persons With Disabilities.--The law prohibits discrimination
against persons with disabilities in employment, education, and access
to health care or other state services, but the Government did not
effectively enforce these prohibitions. The constitution mentions
persons with disabilities in articles 23 (principle of equality), 77
(health and social protection), 80 (childhood), 83 (disabled citizens),
and 84 (ex-combatants and veterans). Article 83 of the constitution
grants persons with disabilities full rights without restrictions. The
constitution permits the state to adopt a national policy to prevent,
treat, rehabilitate, and integrate persons with disabilities, provide
support for their families, remove obstacles to mobility, raise
awareness in society, and foster special education and training
opportunities. A law to address specific issues for persons with
disabilities was drafted in 2004, but never passed. The law would have
included access to essential services, social protection, and physical
access to buildings.
Persons with disabilities included more than 80,000 land mine
victims. Persons with albinism were common victims of discrimination,
although church groups worked to eliminate the abuse. The NGO Handicap
International estimated that persons with disabilities constituted 10
percent of the population. However, an August study estimated that 2.6
percent of the population had a physical or mental disability.
According to government statistics in 2005, there were 170,000 persons
with disabilities, most of them between the ages of 25 to 44, and 56
percent were male. Only 30 percent of persons with disabilities were
able to take advantage of state-provided services such as physical
rehabilitation, schooling, training, or counseling.
There is no legislation mandating accessibility for persons with
disabilities to public or private facilities, and it was difficult for
such persons to find employment or participate in the education system.
MINARS maintained an office to address problems facing persons with
disabilities, including veterans with disabilities, and several
government entities supported programs to assist individuals disabled
by land mine incidents. During the 2008 election, the Government
provided voting assistance to persons with disabilities. The country
had not signed the United Nations Convention on the Rights of Persons
with Disabilities by year's end.
Indigenous People.--An estimated 3,500 San people lived in small
dispersed communities in Huila, Cunene, and Kuando Kubango provinces.
The San are traditional hunter-gatherers who are linguistically and
ethnically distinct from their Bantu fellow citizens. Their very
limited participation in political life has increased, and Ocadec, a
local NGO advocate for the San people, worked with provincial
governments to increase services to San communities and to improve
communication between these communities and the Government.
Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--The law does not criminalize
homosexuality or sodomy, although discussing homosexuality in society
was highly taboo. The constitution defines marriage as between a man
and a woman, but the law does not differentiate between male to male or
female to female sex. NGOs have reported a small but underground
lesbian, gay, bisexual, and transgender community in Luanda. On June
25, the television station TPA broadcasted a program where a member of
the gay community discussed discrimination and intimidation based on
sexual orientation.
Other Societal Violence or Discrimination.--Discrimination against
those with HIV/AIDS is illegal, but lack of enforcement allowed
employers to discriminate against persons with the disease. Local NGOs
reported cases of discrimination against professionals with HIV/AIDS.
There were no reports of violence against persons with HIV/AIDS. The
Government's National Institute for the Fight Against HIV/AIDS
conducted HIV/AIDS awareness and prevention campaigns. Local NGOs
worked to combat stigmatization and discrimination against persons
living with HIV/AIDS.
Section 7. Worker Rights
a. The Right of Association.--The constitution and law provide for
the right of workers to form and join independent unions, and workers
exercised this right in practice; however, government approval is
required. The law provides for rights for trade unions. However, the
Government admitted that unions were hampered by membership and
legalization issues.
The law allows unions to conduct their activities without
government interference, although the Government did not protect this
right. Labor unions independent of the Government-run unions worked to
increase their influence, but the ruling MPLA continued to dominate the
labor movement due to historical connections between the party and
labor. There were unions for journalists, teachers, and taxi drivers,
among others.
Workers have the right to strike, although strict bureaucratic
procedures must be followed for a strike to be considered legal, and
the Government can deny the right to strike or obligate workers to
return to work. According to the law all workers could strike, except
government workers.
Construction workers reportedly went on strike in Luanda because
they were not paid for many months.
In October taxi drivers marched to the Benguela government palace
to protest an increase in fuel prices. The taxi drivers' association
and government officials met on October 20 and reached an agreement.
Subsequently, taxi drivers in Huambo, Huila, and Luanda provinces
raised fares due to the increase in the price of fuel.
b. The Right to Organize and Bargain Collectively.--The
constitution and law provide for the right of unions to conduct their
activities without interference, but the Government did not always
protect this right. The law protects the right to establish a union for
the purpose of collective bargaining. The Government routinely thwarted
union efforts at collective bargaining with long delays in processing.
There are no legal restrictions on collective bargaining, but
bargaining was restricted in practice. The Government is the country's
largest employer, and the Ministry of Public Administration,
Employment, and Social Security (MAPESS) centrally mandated wages.
The law prohibits antiunion discrimination and stipulates that
worker complaints be adjudicated in labor court. Under the law,
employers are required to reinstate workers who have been dismissed for
union activities; however, the judicial system did not enforce these
provisions.
The constitution grants workers the right to engage in union
activities, but the Government may intervene in labor disputes that
affect national security, particularly strikes in the oil sector. The
Ministry of Labor has a hotline for workers who believe their rights
have been violated. The law does not effectively prohibit employer
retribution against strikers, and it permits the Government to force
workers back to work for ``breaches of worker discipline'' or
participation in unauthorized strikes.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, including by children, but international
NGOs reported that such practices occurred. The Ministry of Justice has
effective enforcement mechanisms for the formal economic sector;
however, most labor law violations occurred outside the formal economy
and were not subject to legal sanctions. Men and boys were trafficked
into the country for forced labor, especially in the construction
sector. Forced labor occurred in the artisanal diamond mining sector.
Migrant workers were employed in forced labor conditions in diamond
mining areas, particularly in Lunda Norte and Lunda Sul. The Government
took steps to eliminate illegal immigration and illegal diamond mining
activities during the year.
See also the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip.
d. Prohibition of Child Labor and Minimum Age for Employment.--
Child labor in the formal sector was restricted under the law; however,
child labor, especially in the informal sector, remained a problem. The
law clearly prohibits children under 14 years old from working.
However, children could work from age 14 to 16 with parental
permission. Children could not work if it interfered with schooling.
MAPESS had oversight of formal work sites and determined the age of the
workers in all 18 provinces. If they determined a business was using
child labor, they transferred the case to the Ministry of Interior to
investigate and possibly press charges. An unknown number of businesses
have been warned or fined for using child labor. However, MAPESS cannot
regulate the informal sector.
In 2007 in Kwanza Sul Province, independent newspaper journalists
found children as young as 10 years old working full time on a
plantation; they did not attend school and stated that they were often
paid with food. The local manager was fired, but no charges were filed
against the local or general managers.
On October 30, the newspaper Agora published a study conducted in
Benguela that found more than 70,000 children worked in the country. A
living standards survey published during the year by Inquerito
Integrado Sobre o Bem Estar da Populacao reported that 20.4 percent of
children between the ages of five to14 worked; however, more children
worked in rural than in urban areas. The study also reported that boys
and girls were equally likely to work.
Most work done by children was in the informal sector. Children
engaged in wage-earning activities, such as agricultural labor on
family farms and commercial plantations, fishing, charcoal production,
domestic labor, and street vending. Exploitive labor practices included
forced prostitution, involvement in the sale or transport of illegal
drugs, and the offloading and transport of goods in ports and across
border posts. Children reportedly were used as couriers in the cross-
border trade with Namibia.
Street children were common, especially in the provinces of Luanda,
Benguela, Huambo, and Kwanza Sul. Investigators found children working
in the streets of Luanda, but many returned to some form of dwelling
during the evening. Most of these children shined shoes, washed cars,
carried water, or engaged in other informal labor, but some resorted to
petty crime, begging, and prostitution.
The MAPESS inspector general is responsible for enforcing all labor
laws, including complaints of child labor. The Ministry of Family and
Women's Promotion and the National Children Institute (INAC) play a
significant role in coordinating the response to a case of child labor
and protecting possible victims. Ultimately, the Ministries of Interior
and Justice investigated and prosecuted a case of child labor.
A separate court under the Ministry of Justice is designated for
children's affairs. The Luanda juvenile court hears cases of youth
under the age of 18 who are victims of a crime. The juvenile court also
hears cases of minors between the ages of 12 and 16 accused of having
committed criminal offenses. Regular courts hear the cases of minors
between the ages of 16 and 18 who are accused of criminal offenses.
There were no courts to hear cases involving children under the age of
12. In many rural provinces, there was no separate structure to work
with children's crimes. In these cases, minors could be either tried as
adults or the case was dismissed.
The Government, through INAC, worked to create, train, and
strengthen child protection networks at the provincial and municipal
levels in all 18 provinces. The networks reported cases in which they
successfully identified and removed children from exploitative work
situations, but no mechanism existed to track cases or provide
statistics. The Government also dedicated resources to the expansion of
educational opportunities for children.
e. Acceptable Conditions of Work.--The minimum wage was 9,604
Kwanza ($106) per month, which did not provide a decent standard of
living for a worker and family. Most wage earners held second jobs or
depended on the agricultural or other informal sectors to augment their
incomes. The majority of citizens derived their income from the
informal sector or subsistence agriculture and therefore fell outside
of government protection of working conditions.
By law the standard workweek is 40 hours with at least one unbroken
period of 24 hours of rest per week. There is a limit on work of 54
hours per week. Required premium pay for overtime is time and a half
for up to 30 hours of overtime and time and three-quarters from 30 to
40 hours. In the formal sector, there is a prohibition on excessive
compulsory overtime, defined as more than two hours a day, 40 hours a
month, or 200 hours a year. These standards were not enforced
effectively unless employees lodged a formal complaint with MAPESS.
In September the MPLA-linked labor union, Uniao Nacional dos
Trabalhadores Angolana, published a report on working conditions that
highlighted high unemployment, poor living conditions, and inequality
as continuing problems despite various economic measures and new laws.
Workers found they did not have job stability, employers violated
workers' rights, and workers unable to find employment in the formal
sector had to work in the informal labor market.
The Government has set occupational health and safety standards;
however, the Ministry of Labor's inspector general did not enforce
these standards effectively. Inspections occurred, although rulings
against labor violations found by inspectors were not effectively
enforced. Workers have the right to remove themselves from situations
that endanger health or safety without jeopardy to their employment,
but the right was not exercised in practice.
__________
BENIN
Benin is a constitutional democracy with a population of 7.9
million. In 2006 President Boni Yayi was elected to a five-year term in
multiparty elections. In the 2007 legislative elections, President
Yayi's supporting coalition, Cowry Force for an Emerging Benin (FCBE),
won 35 of 83 seats in the National Assembly and formed a majority with
a group of 13 National Assembly members from minor political parties
(G-13). Eventually President Yayi lost his parliamentary majority when
the G-13 joined the opposition parliamentary group in reaction to
unfulfilled political promises. International observers viewed both the
presidential and legislative elections as generally free and fair.
However, municipal and local elections held in April and May 2008 were
marred by numerous irregularities, protests, and credible allegations
of fraud. Security forces reported to civilian authorities.
Human rights problems in some areas continued. There were reports
that police occasionally used excessive force. Vigilante violence
resulted in deaths and injuries. Harsh prison conditions and arbitrary
arrest and detention with prolonged pretrial detention continued.
Violations of press freedom occurred. Impunity and corruption were
problems. Women were victims of violence and societal discrimination,
and female genital mutilation (FGM) was practiced. Trafficking and
abuse of children, including infanticide and child labor, occurred.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--The Government or
its agents did not commit any politically motivated killings. Elements
of security forces occasionally shot and killed armed robbers and
claimed self-defense to justify the shootings. The police generally
ignored vigilante attacks, and incidents of mob violence continued to
occur, in part due to the perceived failure of local courts to punish
criminals adequately. Such cases generally involved mobs killing or
severely injuring suspected criminals, particularly thieves caught
stealing. For example, on April 20, residents of Assanlin in the
commune of Za-Kpota in central Benin killed two individuals who were
said to be trying to ``steal two school boys.'' The head of the
arrondissement was interrogating the two suspects in his office when a
crowd broke in, brought out the two suspects, and burned them alive.
The police did not investigate the killing or arrest those involved.
On May 8, individuals stabbed to death and burned two young men in
Dilly, a village in the Commune of Abomey, central Benin. The two
victims were well-known artists in the area. They were suspected of
belonging to a ring that kidnapped children. The police investigated
the murder and arrested nine suspects.
b. Disappearance.--There were no reports of politically motivated
disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution and law prohibit such practices; however,
the Government did not always respect these prohibitions. Beatings in
custody reportedly were commonplace.
The Constitutional Court received complaints from citizens who were
brutalized by the police. For example, on March 8, the Constitutional
Court ruled that five elements of an Anticrime Brigade (BAC) violated
provisions of the constitution prohibiting degrading treatment or
punishment and the African Charter on Human and Peoples' Rights when
five policemen severely beat, arrested, and detained a truck driver who
refused to give them a bribe during a routine road security check in
February 2009 in Adjarra, a suburb of Porto-Novo.
The Government completed payments to victims of torture under the
previous military regime; however, a large group of citizens who had
been detained and tortured under the previous military regime
complained that the payments they received were discriminatorily
insignificant compared with the payments that former political exiles
received from the Government.
Prison and Detention Center Conditions.--Prison conditions
continued to be extremely harsh. Overcrowding and lack of proper
sanitation and medical facilities posed risks to prisoners' health. A
Mediator of the Republic's (Ombudsman) July 6 report on the condition
in the nine civil prisons indicated that prisons were overcrowded, and
malnutrition and disease were common. Some prisoners suffered from
mental illness. There were deaths due to lack of medical care and
neglect. Prisoners at times died from lack of ventilation in cramped
and overcrowded cells. Eight of the nine civil prisons were filled far
beyond their capacity. The ombudsman published statistics in June
indicating the total prison population (including pretrial detainees
and remand prisoners) was 6,908; of that number, pretrial detainees and
remand prisoners totaled 5,174. No breakdown of the number of juvenile
and women prisoners in all nine prisons was available.
In 2009 the Government increased prisoners' diet from one meal a
day to two.
Juveniles at times were housed with adults. Pretrial detainees were
held with convicted prisoners, although not with the most violent
convicts or those convicted of crimes subject to the death penalty.
According to the ombudsman's report, pretrial detainees outnumbered
convicts three or four to one during the reporting period.
The Government permitted prison visits by human rights monitors.
Nongovernmental organizations (NGOs) and religious groups continued to
visit prisons. Organizations that visited prisons during the year
included the International Committee of the Red Cross, Amnesty
International, the local chapter of Prison Fellowship, Caritas, and
Prisoners Without Borders.
d. Arbitrary Arrest or Detention.--The constitution and law
prohibit arbitrary arrest and detention; however, at times the
authorities did not respect these prohibitions.
Role of the Police and Security Apparatus.--The police, under the
Ministry of Interior, have primary responsibility for enforcing law and
maintaining order in urban areas; the gendarmerie, under the Ministry
of Defense, performs the same function in rural areas. The police were
inadequately equipped, poorly trained, and ineffective in investigating
gender-based crimes and preventing or responding to mob violence. The
Government continued to respond to these problems by recruiting more
officers, building more stations, and modernizing equipment during the
year; however, serious problems remained, including widespread
impunity.
Arrest Procedures and Treatment While in Detention.--The
constitution requires arrest warrants based on sufficient evidence and
issued by a duly authorized official and requires a hearing before a
magistrate within 48 hours, but this was not always observed in
practice; under exceptional circumstances the magistrate may authorize
continued detention not to exceed eight days. Detainees have the right
to prompt judicial determination; this was generally observed in
practice. They have the right to prompt lawyer access after being
brought before a judge, also generally observed. They are allowed to
receive family visits, which were generally observed in practice. After
examining a detainee, the judge has 24 hours to decide whether to
continue to detain or release the individual. Defendants awaiting
judicial decisionsmay request release on bail; however, the attorney
general must agree to the request. Warrants authorizing pretrial
detention were effective for six months and could be renewed every six
months until the suspect was brought to trial. The Government provided
counsel to indigents in criminal cases.
There were credible reports that gendarmes and the police exceeded
the legal limit of 48 hours of detention in many cases, sometimes by as
much as a week. Authorities often used the practice of holding a person
indefinitely ``at the disposal of'' the public prosecutor's office
before presenting the case to a magistrate. Approximately 75 percent of
persons in prison were pretrial detainees. Inadequate facilities,
poorly trained staff, and overcrowded dockets delayed the
administration of justice.
e. Denial of Fair Public Trial.--The constitution and law provide
for an independent judiciary, but the Government did not always respect
this provision. The judiciary remained inefficient in some respects.
Military disciplinary councils deal with minor offenses by members
of the military services; they have no jurisdiction over civilians.
Civilian courts deal with crimes involving the military. The country
has no military tribunal.
Trial Procedures.--The constitution provides for the right to a
fair trial; however, judicial inefficiency and corruption impeded
exercise of this right.
The legal system is based on French civil law and local customary
law. A defendant is presumed innocent. Jury trials are used in criminal
cases. A defendant has the right to be present at trial and to
representation by an attorney; the court provides indigent defendants
with counsel upon request. A defendant has the right to confront
witnesses and to have access to government-held evidence. Defendants
are allowed to present witnesses and evidence on their own behalf.
Defendants can appeal criminal convictions to the court of appeals and
the Supreme Court, after which they may appeal to the president for a
pardon. Trials are open to the public, but in exceptional circumstances
the president of the court may decide to restrict access to preserve
public order or to protect the parties. The Government extends the
above rights to all citizens without discrimination.
Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.
Civil Judicial Procedures and Remedies.--There is an independent,
but not always impartial, judiciary in civil matters. If administrative
or informal remedies are unsuccessful, any citizen may file a complaint
concerning an alleged human rights violation with the Constitutional
Court.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The constitution and law prohibit such actions, and
the Government generally respected these prohibitions. The law requires
police to obtain a judicial warrant before entering a private home, and
they generally observed this requirement.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The constitution and law provide
for freedom of speech and of the press; however, the Government did not
always respect these rights. There were radio and television broadcasts
in which citizens openly criticized the president's policy without
reprisal; however, the Government occasionally inhibited freedom of the
press.
For example, on October 13, the staff of the Governmental Office of
Radio and Television (ORTB) sent a letter to the executive director of
ORTB detailing numerous instances in which he had restricted broadcast
of programs involving the opposition and/or which were counter to the
Government's guidelines. ORTB's executive director denied those
allegations.
On August 3 and 4, the Government blocked the FM signal of the
French state-owned broadcaster Radio France Internationale for 14 hours
after it reported that deputies in the National Assembly attempted to
impeach President Yayi for his alleged involvement in the ICC Ponzi
scheme that had defrauded investors of billions of CFA and announced
the broadcast of an interactive program on the case. The High Authority
of Audiovisual and Communication (HAAC) denied any involvement in the
interruption.
On August 15, unidentified individuals bought thousands of copies
of newspapers that published a former minister of finance's declaration
on a high-profile corruption case (the CEN-SAD affair), disrupting the
supply of those newspapers in Cotonou. Journalists alleged that the
Government had ordered this maneuver.
The law criminalizes libel, and numerous journalists faced pending
libel charges. The law prohibits private citizens and the press from
declaring or predicting election results. Journalists practiced self-
censorship.
A 2008 report published by the NGO Human Rights, Peace, and
Development (DHPD-ONG) stated that the Government awarded communication
contracts to private media for propaganda purposes, adversely
influencing the exercise of freedom of the press.
The constitution provides for prison sentences involving compulsory
labor for certain actions related to abuse of the right of free
expression; penalties are for threats to public order or calls to
violence, but the law is vaguely worded and susceptible to abuse. There
were no reports that the law was invoked during the year.
The independent media were active and expressed a wide variety of
views without restriction. Publications criticized the Government
freely and frequently, but their effect on public opinion was limited
due to restricted circulation and widespread illiteracy. A
nongovernmental media ethics commission continued to censure some
journalists during the year for unethical conduct, such as reporting
falsehoods or inaccuracies or releasing information that was under
embargo by the Government.
The Government continued to own and operate the most influential
media organizations by controlling broadcast range and infrastructure.
The majority of citizens are illiterate, live in rural areas, and
generally receive their news via radio. The ORTB broadcast in French
and local languages. There were an estimated 75 private, community, and
commercial radio stations, and one government-owned and five private
television stations. Rural community radio stations received support
from the ORTB and broadcast several hours a day exclusively in local
languages. Radio France International and the BBC broadcast in Cotonou.
The Government granted 350 million CFA ($78,000) in financial
assistance to the private media during the year.
The 2007 ``National Report on Press Freedom,'' released by DHPD-
ONG, stated that judges were often lax in prosecuting libel cases. A
judiciary source indicated that the court continued to receive libel
cases against journalists during the year, but judges generally
refrained from prosecuting them. Journalists continued to fight for the
decriminalization of press-related offenses.
There were no reports that the Government penalized journalists who
published items counter to government guidelines.
The HAAC oversaw media operations and required broadcasters to
submit weekly lists of planned programs and publishers to submit copies
of all publications; however, the media did not comply with these
requirements in practice. The HAAC claimed that the information was
used for administrative purposes; however, some journalists
complainedthat it was a form of harassment.
Internet Freedom.--There were no government restrictions on access
to the Internet or reports that the Government monitored e-mail or
Internet chat rooms. Individuals and groups could engage in the
expression of views via the Internet, including by e-mail.
Internet access was widely available in cities, primarily in
Internet cafes, but for many the cost of using the Internet was
prohibitive. Due to a lack of infrastructure, Internet access was not
available in most rural areas. According to the most recent
International Telecommunication Union statistics, 1.66 percent of
residents used the Internet.
Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.
b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The constitution and law provide for freedom of assembly,
and the Government generally respected these rights.
The Government requires permits for use of public places for
demonstrations and generally granted such permits; however, the
authorities sometimes cited ``public order'' to deny requests for
permits from opposition groups, civil society organizations, and labor
unions.
On September 30, security forces disrupted a demonstration of
teachers at a training school in Abomey, Central Benin, and beat some
of them while they were complaining about the delay in government
payment of their allowances. On October 5, the Ministry of Secondary
Education and Technical and Vocational Training declared that the
Government would identify those responsible for the beatings and punish
them, although there were no reports it had done so.
Freedom of Association.--The constitution and law provide for
freedom of association, and the Government generally respected this
right. The Government requires associations to register and routinely
granted registration.
c. Freedom of Religion.--For a description of religious freedom,
please see the Department of State's 2010 International Religious
Freedom Report at www.state.gov/g/drl/irf/rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution and law provide for
freedom of movement within the country, foreign travel, emigration, and
repatriation, and the Government generally respected these rights;
however, the presence of police, gendarmes, and illegal roadblocks
impeded domestic movement. Although ostensibly meant to enforce vehicle
safety and customs regulations, many checkpoints served as a means for
police and gendarmes to exact bribes from travelers. The Government
maintained previously implemented measures to combat such corruption at
roadblocks, but they were not always effective, and extortion commonly
occurred.
The Government maintained documentary requirements for minors
traveling abroad as part of its continuing campaign against trafficking
in persons. However, this was not always enforced, and trafficking of
minors across borders continued.
The Government's policy toward the seasonal movement of livestock
allowed migratory Fulani (Peul) herdsmen from other countries to enter
and depart freely; the Government did not enforce designated entry
points. Disputes sometimes arose between herdsmen and local landowners
over grazing rights.
The law prohibits forced exile, and the Government did not use it.
Protection of Refugees.--The Government has established a system
for providing protection to refugees. At year's end there were
approximately 7,300 refugees, with an estimated 6,000 coming from Togo.
In practice the Government provided protection against the expulsion or
return of refugees to countries where their lives or freedom would be
threatened on account of their race, religion, nationality, membership
in a particular social group, or political opinion. The Government
cooperated with the Office of the UN High Commissioner for Refugees
(UNHCR) and other humanitarian organizations in assisting refugees and
asylum seekers. The Government did not provide temporary protection
during the year. If individuals do not qualify as refugees under the
1951 UN Convention relating to the Status of Refugees or its protocol,
authorities direct them to the Immigration Office to apply for a
residence permit.
The Government continued to permit Togolese refugees residing in
local communities and refugee camps to participate in most economic
activities and to enroll their children in local schools. In 2007 the
UNHCR and the Governments of Benin and Togo signed a tripartite
agreement to organize the voluntary repatriation of Togolese refugees.
In 2009 83 Togolese refugees returned to Togo through the program.
There were no reported stateless populations in the country.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution and law provide citizens the right to change their
government peacefully, and citizens exercised this right through
periodic, free, and generally fair elections held on the basis of
universal suffrage.
Elections and Political Participation.--In 2006 President Boni Yayi
was elected to a five-year term in multiparty elections. In the 2007
legislative elections, President Yayi's FCBE won 35 of the 83 seats in
the National Assembly. A group of 13 National Assembly deputies from
minor political parties (the G-13) joined the FCBE to form a majority
of 48 seats in the assembly. In 2008 the G-13 dissolved the coalition
amid political tension, and the FCBE was left with its initial 35
seats. The G-13sided with opposition parties and formed a blocking
majority. Opposition groups declined President Yayi's invitation to
join his government.
International observers viewed both the presidential and
legislative elections as generally free and fair. However, fraud
allegations and irregularities marred the April and May 2008 local and
municipal elections. Voters filed hundreds of appeals with the Supreme
Court, which annulled results in a number of communes and ordered new
elections and recounting of votes in constituencies where results were
disputed.
Individuals and parties could freely declare their candidacy and
run for election. There were no government restrictions on the
political opposition. No single party or group has recently dominated
politics.
There were nine women out of 83 members in the National Assembly
and four female ministers in the 30-member cabinet. The Constitutional
Court had two women among its seven justices.
The country has no majority ethnic group. Diverse ethnic groups
were well represented in government agencies, the civil service, and
the armed forces. In the National Assembly, 11 members were from the
Nago and Yoruba ethnic groups; 24 from the Bariba, Somba, and Dendi
ethnic groups; and 34 from the Fon, Goun, Adja, and other smaller
groups. Nine cabinet ministers were from the Bariba, Somba, and Dendi
ethnic groups; 15 were from the Fon, Goun, and Adja ethnic groups; and
three were from the Yoruba and Nago ethnic groups.
Section 4. Official Corruption and Government Transparency
Official corruption remained widespread. President Yayi continued
his 2006 anticorruption initiative.
On January 7, the president of the NGO Front for National Anti-
Corruption Organizations (FONAC) listed 32 corruption cases involving
civil servants from 2006 to 2009 that remained unresolved. The FONAC
investigation at the Ministry of Civil Service in September 2009 found
that no disciplinary committee had been established to handle these
corruption cases and no sanctions had been applied.
On July 20, President Yayi reported to the president of the
National Assembly, asking him to submit to parliamentarians for
approval a request regarding the indictment of four former ministers
involved in corruption cases. The opposition majority in the National
Assembly rejected President Yayi's request.
In July 2009 the Government released a State Audit Office's report;
it detailed alleged corrupt practices including illegal awarding of
public contracts, overbilling, mismanagement, and misappropriation of
public funds for the renovation of two conference centers in
preparation for the June 2008 CEN-SAD summit. The Government confirmed
the involvement of high-ranking officials, including the former
minister of finance and economy and officials in charge of public
procurement. The Government dismissed the officials and requested
disciplinary action against them pending legal action.
Police corruption was widespread. Police continued to extort money
from travelers at roadblocks.
The Watchdog to Combat Corruption (OLC), a governmental
anticorruption agency, launched a nationwide effort to publicize the
National Strategic Plan to Combat Corruption and conducted a survey to
gauge the magnitude of petty corruption and bribery in the public
administration. To build its capacity to fight corruption, the OLC held
training sessions to familiarize its staff with the new public
procurement law, which went into effect in September 2009, and to train
them on the observation of voter registration to prevent electoral
fraud. On April 12, the OLC released its 2008 White Paper on Corruption
to show the prevalence of corruption in the public administration.
It was commonly believed, and acknowledged by some judicial
personnel, that the judicial system at all levels was susceptible to
corruption.
On July 6, President Yayi fired Chief Prosecutor George Constant
Amoussou and placed him in custody because he allegedly blocked a court
complaint filed by the Government against the ICC, a microcredit
institution that swindled citizens out of their deposits.
The World Bank's most recent Worldwide Governance Indicators
reflected that corruption continued to be a serious problem.
Public officials were not subject to financial disclosure laws.
There are no laws providing for public access to government
information, and it was unclear whether requests for such access were
granted.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. Government officials
often were cooperative and responsive to their views. The Government
met with domestic NGO monitors through the Advisory National Human
Rights Council and the Ministry of Justice, Legislation, and Human
Rights' Department of Human Rights. The Ministry of Justice,
Legislation, and Human Rights coordinated awareness campaigns to
educate the populace on human rights.
The Government cooperated with international organizations. In 2009
representatives of the Committee for the Prevention of Torture (CPT)
and of the UN Committee on the Elimination of Discrimination Against
Women visited the country. Following its visit, the CPT made wide-
ranging recommendations. In November 2009 the World Committee Against
Torture and the International Federation of Action by Christians for
the Abolition of Torture, in conjunction with the Ministry of Justice,
Legislation, and Human Rights and local NGOs, held a follow-up seminar
to consider the recommendations made by the CPT and to map out
strategies for the implementation of these recommendations by the
Government.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution and laws prohibit discrimination based on race,
gender, disability, language, and social status; however, societal
discrimination against women continued. Persons with disabilities were
disadvantaged. The Government did not take concrete measures to address
those abuses.
Women.--The law prohibits rape, but enforcement was weak due to
police ineffectiveness, victims' unwillingness to take cases to the
police for fear of social stigma, and corruption. The penal code does
not make a distinction between rape in general and spousal rape.
Sentences for rape convictions range from one to five years'
imprisonment. From January to October, civil society organizations
reported 636 gender-based violence cases reported to courts and 1,316
cases to police stations and brigades in the framework of an
international NGO's project to combat gender-based violence in the
country. These statistics, however, did not cover gender violence in
the whole country. Statistics were not available on prosecutions or
convictions. Because of police lack of training in collecting evidence
associated with sexual assaults and victims' ignorance of their rights
and inability to present evidence in court, judges reduced most sexual
offenses to misdemeanors.
Domestic violence against women was common. The penal code
prohibits domestic violence, and penalties range from six to 36 months'
imprisonment. However, NGO observers believed that women remained
reluctant to report cases. Judges and police were reluctant to
intervene in domestic disputes; society generally considered such cases
to be internal family matters. The local chapter of a regional NGO,
Women in Law and Development-Benin, the Female Jurists Association of
Benin (AFJB), and the Women's Justice and Empowerment Initiative
through Care International's Empower Project offered social, legal,
medical, and psychological assistance to victims of domestic violence.
The Office of Women's Promotion under the jurisdiction of the Ministry
of Family and Solidarity is responsible for protecting and advancing
women's rights and welfare.
Female genital mutilation (FGM) was practiced on girls and women
from infancy up to 30 years of age (although the majority of cases
occurred before the age of 13, with half occurring before the age of
five), and generally took the form of excision. Approximately 13
percent of women and girls have been subjected to FGM; the figure was
higher in some regions, especially the northern departments, including
Alibori and Donga (48 percent) and Borgou (59 percent), and among
certain ethnic groups; more than 70 percent of Bariba and Peul (Fulani)
and 53 percent of Yoa-Lokpa women and girls had undergone FGM. Younger
women were less likely to be excised than their older counterparts.
Those who performed the procedure, usually older women, profited from
it. The law prohibits FGM and provides for penalties for performing the
procedure, including prison sentences of up to 10 years and fines of up
to six million CFA ($13,000); however, the Government generally was
unsuccessful in preventing the practice. Individuals who were aware of
an incident of FGM but did not report it potentially faced fines
ranging from 50,000 to 100,000 CFA ($110 to $220). Enforcement was
rare, however, due to the code of silence associated with this crime.
In one example, in September 2009 police arrested a woman on the
strength of a denunciation by a local NGO that accused her of excising
seven girls in the area of Kouande in the North. The police referred
the case to the court in Natitingou. In October 2009 the court
sentenced the woman to one-and-one-half year's imprisonment.
NGOs continued to educate rural communities about the dangers of
FGM and to retrain FGM practitioners in other activities. A prominent
NGO, the local chapter of the Inter-African Committee, made progress in
raising public awareness of the dangers of the practice, and the
Government cooperated with these efforts. The Ministry of Family
continued an education campaign that included conferences in schools
and villages, discussions with religious and traditional authorities,
and displaying banners. NGOs also addressed this problem in local
languages on local radio stations.
Prostitution, especially child prostitution, was a problem. There
were credible reports that tourists visiting the Pendjari National Park
in the far Northwest used the services of prostitutes, many of them
minors. There is no specific law addressing sex tourism. It was not
clear whether these tourists operated through a local or an
international network, or whether they came to the region primarily for
sex tourism. There was no evidence of government involvement or
complicity. In March 2009 the Government, in conjunction with the UN
Children's Fund (UNICEF) and a local bank, launched a seven-day
campaign against sex tourism involving children ages eight to 17 to
spread awareness of the dangers of sex tourism.
Sexual harassment was common, especially of female students by
their male teachers. The law prohibits sexual harassment and offers
protection for victims. Under the law persons convicted of sexual
harassment face sentences of one to two years in prison and fines
ranging from 100,000 to one million CFA ($220 to $2,200). The law also
provides penalties for persons who are aware of sexual harassment and
do not report it. Enforcement of these laws was lax due to law
enforcement agents' and prosecutors' lack of legal knowledge and
necessary skills to pursue such cases and victims' fear of social
stigma. Although this specific law was not enforced, judges used other
provisions in the penal code to deal with sexual abuses involving
minors.
Article 26 of the constitution provides that the Government shall
protect the family, particularly the mother and the child. The
country's May 2006 Declaration on Population Policy promotes
responsible fertility to reduce early and/or late childbearing and to
promote family planning through the distribution of contraceptives. Act
No. 2003-04 of March 2003 on Sexual and Reproductive Health guarantees
couples and individuals reproductive rights, including access to health
care, freedom to give birth, freedom of marriage, rights to
nondiscrimination, access to contraception, and equal access to health
care for people living with sexually transmitted infections including
HIV. Article 19 of Act No. 2003-04 provides penalties for the
commission of all acts prejudicial to the enjoyment of sexual and
reproductive health. The Government in general respected these rights.
An estimated 30 percent of women had an unmet need for family planning.
The 2006 Benin Demographic and Health Survey (EDS) reported the
maternal mortality ratio to be 397 per 100,000 live births. According
to the 2006 Benin Demographic and Health Survey, 88 percent of women
benefitted from prenatal care given by health personnel (80 percent by
nurses and midwives, 4 percent other, and 4 percent by physicians). The
proportion of women who had access to prenatal care provided by
physicians was higher in Cotonou (18 percent) and in other cities (5
percent), whereas the rate was lower in rural areas (3 percent).
Although the constitution provides for equality for women in the
political, economic, and social spheres, women experienced extensive
discrimination because of societal attitudes and resistance to
behavioral change.
Women are no longer subject to customary law (Coutumier du
Dahomey). The code of persons and the family abrogated customary law
and other legislation unfavorable to women. The code of persons and the
family bans all discrimination against women regarding marriage and
provides for the right to equal inheritance.
In response to a complaint filed by a woman being prosecuted for
adultery in July 2009, the Constitutional Court ruled that adultery-
related provisions contained in the penal code are unconstitutional on
the grounds that these provisions discriminate against women.
In rural areas women traditionally occupy a subordinate role and
are responsible for much of the hard labor on subsistence farms. In
urban areas women dominated the informal trading sector in the open air
markets. During the year the Government and NGOs continued to educate
the public on the 2004 family code, which provides women with
inheritance and property rights and significantly increases their
rights in marriage, including prohibitions on forced marriage, child
marriage, and polygamy.
In practice women experienced discrimination in obtaining
employment, credit, and equal pay, and in owning or managing
businesses. Women do not face legal restrictions with respect to the
code of persons and the family but may face societal restrictions and
discrimination. During the year the Government granted microcredit to
the poor, especially to women in rural areas, to help them develop
income-generating activities. An estimated 675,000 women have benefited
from these microcredit projects since they began in 2007.
Children.--The Government has stated publicly its commitment to
children's rights and welfare, but it lacked the resources to carry out
that commitment. The Ministry of Family is responsible for the
protection of children's rights, primarily in the areas of education
and health. The National Commission for Children's Rights and the
Ministry of Family have oversight roles in the promotion of human
rights issues with regard to child welfare.
Citizenship is derived by birth within the country's territory and/
or from one's parents. Particularly in rural areas, parents often did
not declare the birth of their children, either out of ignorance or
because they could not afford the fees for birth certificates. A 2001
survey indicated that a quarter of children under 18 were not
registered at birth. This could result in denial of public services
such as education and health care. Several donors have taken action to
increase the number of registered children. Over the last two years,
the NGO PLAN International has supported the free registration of
children who need to take the primary school leaving exam. (Without a
birth certificate, children may attend primary school but cannot take
the exam.) UNICEF and the NGOs Catholic Relief Services and World
Education also supported the Government's campaign to register every
birth.
Primary education was compulsory for all children between six and
11 years of age. It became tuition free for all children starting with
the 2007-08 school year; however, in some parts of the country girls
received no formal education. Parents often voluntarily paid tuition
for their children because many schools had insufficient funds.
According to UNICEF the net primary school enrollment rate in 2007 was
approximately 93 percent for boys and 83 percent for girls. The
enrollment rate for secondary education was much lower for girls. Girls
did not have the same educational opportunities as boys, and female
literacy was approximately 18 percent, compared to 50 percent male
literacy.
FGM was commonly practiced on girls (see section 6, Women.)
Child marriage or precocious marriage existed. The practice
included forced marriage, barter marriage, and marriage by abduction. A
2008 gender-based violence survey conducted in 13 communes indicated
that 23 percent of the 594 children interviewed were subjected to
forced and precocious marriage.
Although the family code prohibits marriage under 18 years of age,
the practice continued in rural areas. Underage (14 to 17 years of age)
marriage was permitted with parental consent. As part of forced
marriage, there is a tradition in which a groom abducts and rapes his
prospective child bride. The practice was widespread in rural areas,
despite government and NGO efforts to end it through information
sessions on the rights of women and children. Local NGOs reported that
communities concealed the practice.
Despite widespread NGO campaigns, the traditional practices of
killing deformed babies, breech babies, babies whose mothers died in
childbirth, and one of two newborn twins (because they were considered
sorcerers) continued in some rural areas, and perpetrators acted with
impunity.
Through the traditional practice of vidomegon, which literally
means ``placed child,'' poor, generally rural, families place a child
in the home of a wealthier family. The child receives living
accommodations but often faces long hours of work, inadequate food, and
sexual exploitation. Sometimes the income generated by the child's
activities is split between the child's parents and the urban family
that raises the child. Vidomegon traditionally was intended to provide
better educational opportunities and a higher standard of living for
children of poor families; however, this practice has made children
more vulnerable to labor exploitation and to trafficking. Up to 95
percent of the children in vidomegon were young girls.
Criminal courts meted out stiff sentences to criminals convicted of
crimes against children, but many such cases never reached the courts
due to lack of awareness about the law and children's rights, lack of
access to the courts, or fear of police involvement.
Child prostitution was a problem. Some children, including street
children, engaged in prostitution to support themselves without third-
party involvement. The penal code prohibits child prostitution;
however, enforcement was limited, and the commercial sexual
exploitation of children was a problem. A 2009 report on the commercial
exploitation of children in 11 communes indicated that 43.2 percent of
surveyed children (ages 12-17) who engaged in prostitution were also
subjected to commercial sexual exploitation.
The penal code provides penalties for rape, sexual exploitation,
corruption of minors, procuring, and prostitution, and increases
penalties for cases involving women and children under 15 years old.
Under the penal code, individuals involved in child prostitution,
including those who facilitate and solicit it, face imprisonment of two
to five years and fines of 1,000,000 to 10,000,000 CFA ($2,000 to
$20,000). The law does not specifically prohibit child pornography. The
family code sets the age of marriage at18 years. The de facto minimum
age for consensual sex is 18 years.
Child labor, although illegal, remained a problem.
There were many street children, most of whom did not attend school
and lacked access to basic education and health services.
The country is not a party to the 1980 Hague Convention on the
Civil Aspects of International Child Abduction. For information on
international child abduction, please see the Department of State's
annual report on compliance at http://travel.state.gov/abduction/
country/country--3781.html.
Anti-Semitism.--There were no reports of societal abuses or
discrimination against members of religious groups. There was no known
Jewish community, and no reports of anti-Semitic acts.
Trafficking in Persons.--For information on trafficking in persons,
please see the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip.
Persons With Disabilities.--Discrimination against persons with
physical and mental disabilities is not prohibited by law; however, the
law provides that the Government should care for persons with
disabilities. There were no legal requirements for the construction or
alteration of buildings to permit access for persons with disabilities.
The Government operated few institutions to assist persons with
disabilities, and many such individuals were forced to beg to support
themselves. The Office for the Rehabilitation and the Insertion of
Persons with Disabilities under the jurisdiction of the Ministry of
Family coordinated assistance to disabled people through the Aid Fund
for the Rehabilitation and Insertion of Persons with Disabilities
(Fonds Ariph).
The labor code includes provisions to protect the rights of workers
with disabilities, which were enforced with limited effectiveness
during the year. The Office of Labor under the Ministry of Labor and
Civil Service and the Ministry of Family are responsible for protecting
the rights of persons with disabilities.
Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--There were no reports of overt
societal discrimination or violence based on a person's sexual
orientation.
Other Societal Violence or Discrimination.--There were no reports
of overt discrimination or violence based on HIV/AIDS status. Since
2006 it has been illegal to discriminate against a person, at any stage
of hiring or employment, based on his or her HIV status.
Section 7. Worker Rights
a. The Right of Association.--The labor code allows workers to form
and join independent unions of their choice without previous
authorization or excessive requirements, and the Government generally
respected these rights. Workers have the right to strike, and they
exercised it during the year. New unions must register with the
Ministry of Interior, a three-month process, or risk a fine.
The labor force of approximately 3.2 million was engaged primarily
in subsistence agriculture, with only a small percentage working in the
formal wage sector. Although an estimated 75 percent of government
workers belonged to labor unions, a much smaller percentage of workers
in the private sector were union members.
Workers must provide three day's notice before striking; however,
authorities can declare strikes illegal for reasons such as threatening
social peace and order and can requisition striking workers to maintain
minimum services. The Government may prohibit any strike on the grounds
that it threatens the economy or the national interest. Laws prohibit
employer retaliation against strikers, except that a company may
withhold part of a worker's pay following a strike. The Government
enforced these laws effectively.
The merchant marine code grants seafarers the right to organize,
but they do not have the right to strike.
b. The Right to Organize and Bargain Collectively.--The labor code
allows unions to conduct their activities without interference, and the
Government generally protected this right. There are no restrictions on
collective bargaining. The labor code provides for collective
bargaining, and workers freely exercised this right with the exception
of merchant shipping employees. The Government sets wages in the public
sector by law and regulation.
In December 2009 the Government created a National Consultation and
Collective Bargaining Commission to facilitate collective bargaining
and enhance social dialogue. The commission held sessions during the
year to discuss workers' claims and propose solutions.
The labor code prohibits antiunion discrimination. Employers may
not take union membership or activity into account in hiring, work
distribution, professional or vocational training, or dismissal;
however, the Government did not always enforce these provisions, and
there were reports that employers threatened individuals with dismissal
for union activity.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor.--The labor code
prohibits forced or compulsory labor, including by children; however,
such practices occurred in the agricultural, fishing, commercial, and
construction sectors, and trafficking in persons was a problem.
The law provides for imprisonment with compulsory labor, and during
the year judges sentenced convicts to forced labor for various crimes.
d. Prohibition of Child Labor and Minimum Age for Employment.--The
labor code prohibits the employment or apprenticeship of children under
14 years of age in any enterprise; however, children between 12 and 14
years may perform domestic work and temporary or seasonal light work if
it does not interfere with their compulsory schooling. Child labor
remained a problem due in part to limited government enforcement of the
law. To help support their families, children of both sexes--including
those as young as seven--continued to work on family farms, in small
businesses, on construction sites in urban areas, in public markets as
street vendors, and as domestic servants under the practice of
vidomegon. A majority of children working as apprentices were under the
legal age for apprenticeship of 14. Children worked as laborers with
adults in quarries in many areas. Forced child labor and prostitution
by street children were problems. Children under 14 worked in either
the formal or informal sectors in the following activities:
agriculture, hunting and fishing, industry, construction and public
works, trade/vending and food/beverage, transportation, and
communication and other services, including employment as household
staff.
Some parents indentured their children to ``agents'' recruiting
farm hands or domestic workers, often on the understanding that the
children's wages would be sent to the parents. In some cases these
agents took the children to neighboring countries for labor. Many rural
parents sent their children to cities to live with relatives or family
friends to perform domestic chores in return for receiving an
education. Host families did not always honor their part of the
bargain, and abuse of child domestic servants was a problem. The
Government drafted a list of hazardous occupations forbidden for
employment of minors according to ILO Convention 182, but by year's end
the Government had not approved it. An interministerial decree of 2000
provides that children under 18 are not allowed to work in the
following fields: public and private slaughtering facilities, except
for apprentices in their last year of apprenticeship; processing,
handling, and transportation of toxic substances; processing and
handling of engines or explosive devices; and work related to
maintenance and surveillance of wild or venomous animals. The decree
also prohibits employment of workers under 16 for the control and use
of unprotected machinery powered by pedals, for digging wells, gas pipe
works, and sewage-related works.
For information on child trafficking, please see the Department of
State's annual Trafficking in Persons Report at www.state.gov/g/tip.
The Labor Office under the Ministry of Labor and Civil Service
enforced the labor code ineffectivelyand only in the formal sector due
to the lack of inspectors. The Government took steps to educate parents
on the labor code and to prevent compulsory labor by children,
including through media campaigns, regional workshops, and public
pronouncements on child labor problems. These initiatives were part of
the Labor Office's traditional sensitization program. The Government
also worked with a network of NGOs and journalists to educate the
population about child labor and child trafficking. The Government
began drafting a National Plan to Eliminate Child labor. A workshop was
held in Porto-Novo from August 10 to 13 to discuss preparations. The
Government undertook a nationwide awareness campaign as a key activity
for the 2010 World Day of Action against Child Labor.
In November 2009 the Government issued the International Labor
Organization's International Program on the Elimination of Child Labor-
sponsored National Survey on Child Labor. The survey provided
comprehensive data and was expected to help the Government complete its
National Policy for the Elimination of Child Labor.
e. Acceptable Conditions of Work.--The Government set minimum wage
scales for a number of occupations. The minimum wage was 30,000 CFA
($66) per month; however, the minimum wage did not provide a decent
standard of living for a worker and family. Many workers had to
supplement their wages by subsistence farming or informal sector trade.
Most workers in the wage sector earned more than the minimum wage; many
domestics and other laborers in the informal sector earned less. The
Office of Labor enforced the minimum wage; however, its efforts were
impeded by the small number of labor inspectors. Significant parts of
the work force and foreign workers were not covered by minimum wage
scales.
The labor code establishes a workweek of between 40 and 46 hours,
depending on the type of work, and provides for at least one 24-hour
rest period per week. Domestic and agricultural workers frequently
worked 70 hours or more per week, above the maximum provided for under
the labor code of 12 hours per day or 60 hours per week. The labor code
also mandates premium pay for overtime and prohibits excessive
compulsory overtime. The authorities generally enforced legal limits on
workweeks in the formal sector.
The code establishes health and safety standards, but the Ministry
of Labor and Civil Service did not enforce them effectively. The law
does not provide workers with the right to remove themselves from
dangerous work situations without jeopardy to continued employment. The
ministry has the authority to require employers to remedy dangerous
work conditions but did not effectively do so. The Government did not
effectively monitor or control foreign or migrant workers' conditions
of work.
__________
BOTSWANA
Botswana, with a population of 1.84 million, has been a multiparty
democracy since independence in 1966. Its constitution provides for
indirect election of a president and popular election of a National
Assembly. In October 2009 the ruling Botswana Democratic Party (BDP)
won the majority of parliamentary seats in an election deemed generally
free and fair. President Ian Khama, who has held the presidency since
the resignation of President Festus Mogae in 2008, retained his
position. The BDP has held a majority of National Assembly seats since
independence. Security forces reported to civilian authorities.
Some human rights problems remained, including abuse of detainees
by security forces, poor prison conditions, and lengthy delays in the
judicial process. There were reports of restrictions on press freedom.
Societal problems included discrimination and violence against women;
child abuse; trafficking in persons; and discrimination against persons
with disabilities, gays and lesbians, persons with HIV/AIDS, and
persons with albinism. There was societal discrimination against the
San people, and the Government's continued narrow interpretation of a
2006 high court ruling resulted in the majority of San who originally
relocated from the Central Kalahari Game Reserve (CKGR) being
prohibited from returning to or hunting in the CKGR. The right to
strike was restricted, and child labor was a problem.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--The Government or
its agents did not commit any politically motivated killings, and no
unlawful killings by police or other security forces were reported
during the year.
During 2009 eight incidents of shootings by police forces were
reported, in which 11 civilians were killed, allegedly while being
apprehended. Four persons were investigated for possible murder
charges, and seven coroner's investigations were opened. The four
murder cases were submitted to the Directorate of Public Prosecution
(DPP) for further action. Six of the seven coroner's investigations
were also forwarded to the DPP; two were subsequently closed due to
lack of evidence.
In January 2009 a police officer mistakenly shot and killed
Mothusinyana Moag, a 27-year-old man who fit the description of a man
police were chasing. The victim ran from police when confronted and was
shot during the chase. The inquest determined that the police officer
involved was negligent. He was charged with manslaughter and was
expected to appear before the High Court in early 2011.
In March 2009 police fired shots while in pursuit of robbery
suspects. One of the suspects, Edson Mark Gumbo, was killed. The
inquiry into this case determined that the officers acted lawfully and
the case was closed.
In May 2009 Tshepo Molefe was shot by police during a robbery. The
victim, or other suspects in his group, allegedly fired shots at
police, and the victim ran toward the police officers, who shot him. He
was pronounced dead at the hospital. After investigations into the
shooting, police determined that the officers acted lawfully and closed
the case.
Also in May 2009, John Kalafitas was shot and killed by government
security officers. Attorneys for the Kalafitas family alleged that he
was killed by government agents while he sat in a parked car. The
Government contended that Kalafitas was a wanted criminal who was
killed during a lawful arrest. Four members of the Botswana Defense
Force, Corporals Dzikamani Mothobi, Goitsemang Sechele, Ronny Matako,
and Boitshoko Maifela, were charged with murdering Kalafitas, and the
case was expected to be heard at the High Court in early 2011.
In August 2009 two men were shot and killed in Kasane. Police
investigations established that offenders were of Zambian origin and
elephant poachers; investigations were ongoing with the help of Zambian
police.
During 2009 there were two reports of deaths of persons in police
custody. In March 2009 a suspect, David Monggae, collapsed during
interrogation related to accusations of cattle theft and subsequently
died. Four police officers present during the interrogation were
charged with murder and were awaiting trial at the High Court.
In July 2009 Italy Setlampoloka was arrested as a suspect in a
series of robberies and break-ins. He was detained at the Mogoditshane
Police Station and subsequently found dead by a passerby in an
uninhabited area near Mogoditshane. Police officers present during the
investigation were charged with murder; the case was ongoing at year's
end.
b. Disappearance.--There were no reports of politically motivated
disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution and law prohibit such practices; however,
there were reports that security forces occasionally beat and abused
suspects to obtain evidence or elicit confessions. Investigations
continued into the 2008 case in which Directorate on Intelligence and
Security (DIS) personnel allegedly tortured four men, including two
police officers and two soldiers, after a weapon in their possession
went missing. The Directorate of Public Prosecutions was assessing
evidence on the case at year's end.
Prison and Detention Center Conditions.--Conditions in the
country's 22 prisons and two detention centers for illegal immigrants
remained poor due to overcrowding. The prison system held approximately
5,063 prisoners as of December, exceeding the authorized capacity of
4,219. Overcrowding, which was worse in men's prisons, constituted a
serious health threat due to the high incidence of HIV/AIDS and
tuberculosis. Rape of inmates by inmates occurred. Mistreatment of
prisoners is illegal; there were no reports of abuse during the year.
Mothers were allowed to bring their nursing babies under the age of
two with them into the prison system, which lacked maternity
facilities. In instances where a child is above two years in age, and
no family is available to take care of the child, arrangements are made
with nongovernmental organizations (NGOs) to care for the child until
the mother is released. Juveniles were sometimes held with adults due
to overcrowding in the two main juvenile prison facilities. In December
2009, 63 juveniles were incarcerated in adult prisons. Pretrial
detainees and convicts were held together.
During 2009 officers of the courts, including magistrates and
judges, conducted 13 visits to prisons to check on prison conditions.
Government-appointed welfare and oversight committees visited prisons
30 times during the year. Reports on such visits were not made public.
In previous years the Government permitted the International Committee
of the Red Cross (ICRC) to visit prison facilities; however, the ICRC
did not seek access to any prisoners during the year. Representatives
of the Office of the UN High Commissioner for Refugees (UNHCR) and a
foreign embassy visited the Center for Illegal Immigrants during the
year.
Voluntary and free HIV testing and peer counseling were available
to prisoners. In December the HIV infection rate was 5.5 percent for
males and 10.4 percent for females. As of December, 106 prisoners were
receiving antiretroviral (ARV) drug treatment. The Government did not
provide ARV treatment to noncitizens in detention; however, those in
long-term detention could receive such treatment without cost from a
domestic NGO.
The prison commissioner had the authority to release terminally ill
prisoners in the last 12 months of their sentences and to allow citizen
prisoners with sentences of 12 months or less to complete their
sentences outside the prison by completing an ``extramural'' work
release program at government facilities. Eligible prisoners must have
served short-term sentences with at least half of their sentence
completed and must not have been previously incarcerated. Prisoners
convicted of violent and other serious felonies were ineligible. By
December, to ease overcrowding, 580 male and 73 female prisoners had
been released to complete their sentences in the program. The president
pardoned an additional nine prisoners during the year.
d. Arbitrary Arrest or Detention.--The constitution and law
prohibit arbitrary arrest and detention, and the Government generally
observed these prohibitions.
Role of the Police and Security Apparatus.--The Botswana Police
Service (BPS), under the Ministry for Presidential Affairs and Public
Administration, has primary responsibility for internal security. The
merging of the Local Police Service and the BPS was completed in August
2009. Previously customary or local police, under the Ministry of Local
Government, had law enforcement responsibility in specified tribal
areas. The army is responsible for external security and has some
domestic security responsibilities.
During the year 72 BPS officers received human rights training at
the International Law Enforcement Academy located in the country.
Arrest Procedures and Treatment While in Detention.--Police
officers must produce an arrest warrant issued by a duly authorized
magistrate upon the presentation of compelling evidence, except in
certain cases, such as when an officer witnesses a crime being
committed or discovers that a suspect is in possession of a controlled
substance. In 2008 the Government established the Directorate on
Intelligence and Security (DIS), a new intelligence agency with the
power to enter premises and make arrests without warrants if the agency
suspects a person has committed or is about to commit a crime. Elements
of civil society continued to criticize the DIS, claiming that it was
not subject to sufficient independent oversight and posed a potential
threat to civil liberties.
Suspects must be informed of their rights upon arrest, including
the right to remain silent, and must be charged before a magistrate
within 48 hours. Authorities generally respected these rights in
practice; however, there were allegations in the media and by defense
attorneys that the right to an attorney was often denied during the
first 48 hours after arrest, prior to the suspect being brought before
a magistrate. A magistrate may order a suspect held for 14 days through
a writ of detention, which he may renew every 14 days. The law provides
for a prompt judicial determination of the legality of a person's
detention. However, this determination was occasionally delayed in
practice. Authorities generally informed detainees of the reason for
their detention, although there were some complaints that this did not
always occur. There is a functioning bail system, and detention without
bail was unusual except in murder cases, where it is mandatory.
Detainees have the right to contact a family member and to hire
attorneys of their choice; however, in practice most could not afford
legal counsel. The Government provides counsel for the indigent only in
capital cases, although attorneys are required to accept pro bono
clients.
Pretrial detainees waited from several weeks to several months
between the filing of charges and the start of their trials. As of
December, 900 of the 5,063 persons in custody were pretrial detainees.
Pretrial detention in murder cases sometimes lasted beyond one year.
Such delays were largely due to judicial staffing shortages.
e. Denial of Fair Public Trial.--The constitution and law provide
for an independent judiciary, and the Government generally respected
judicial independence in practice. The civil courts remained unable to
provide timely trials due to severe staffing shortages and a backlog of
pending cases.
In addition to the civil court system, a customary or traditional
court system also exists. Small claims courts were established in 2009
in Gaborone and some surrounding areas; there were some reports of
heavy case loads and new procedures impacting the courts'
effectiveness.
Trial Procedures.--Defendants enjoy a presumption of innocence.
Trials in the civil courts are public, although trials under the
National Security Act may be held in secret. There is no jury system.
Defendants have the right to be present and consult with an attorney in
a timely manner, but the state provides an attorney only in capital
cases. Those charged with noncapital crimes are tried without legal
representation if they cannot afford an attorney. As a result many
defendants were not informed of their rights in pretrial or trial
proceedings. Defendants can question witnesses against them and have
access to government-held evidence relevant to their cases. Defendants
can present witnesses and evidence on their own behalf. Defendants have
the right to appeal. The constitution asserts these rights extend to
all citizens.
Several organizations, such as the Botswana Law Society and The
Botswana Network on Ethics, Law, and HIV/AIDS, provided free legal
services but had limited capacity. The University of Botswana Legal
Assistance Center provided free legal services for some civil, but not
criminal, matters.
While customary or traditional courts enjoy widespread support and
respect on the part of citizens, they often did not afford the same due
process protections as the formal court system. Defendants do not have
legal counsel, and there are no standardized rules of evidence.
Defendants can confront, question, and present witnesses in customary
court proceedings. Customary trials are open to the public and
defendants can present evidence on their own behalf. Tribal judges,
appointed by the tribal leader or elected by the community, determine
sentences, which may be appealed through the civil court system. Many
judges were poorly trained and ill equipped to make legal decisions.
The quality of decisions reached in the customary courts varied
considerably and often lacked a presumption of innocence. In some cases
tribal judges may issue sentences that include corporal punishment such
as lashings on the buttocks.
There is a separate military court system; military courts do not
try civilians. Military courts have separate procedures from civil
courts. Defendants in military courts are able to retain attorneys and
see evidence that will be used against them.
Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.
Civil Judicial Procedures and Remedies.--In the formal judicial
system, there is an independent and impartial judiciary in civil
matters, including for human rights cases, which includes a separate
industrial court for most labor-related cases. Administrative remedies
were not widely available.
Most civil cases were tried in customary courts. These courts
handled land, marital, and property disputes and often did not afford
due process.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The constitution and law prohibit such actions, and
the Government generally respected these prohibitions in practice.
However, the Government's continued narrow interpretation of a 2006
High Court ruling resulted in the majority of San being prohibited from
living or hunting in the CKGR. In 2002 the Government forcibly
resettled the remaining indigenous San and other minority members
living in the CKGR who had not voluntarily left to resettlement sites
outside the reserve. Government officials maintained the resettlement
program was voluntary and necessary to facilitate the delivery of
public services, to provide socioeconomic development opportunities to
the San, and to minimize human impact on wildlife (see section 6,
Indigenous People).
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The constitution and law provide
for freedom of speech and of the press, and the Government generally
respected freedom of speech in practice. The Media Institute of
Southern Africa (MISA) and other NGOs reported that the Government
attempted to limit press freedom and continued to dominate domestic
broadcasting. Individuals could generally criticize the Government
publicly or privately without reprisal.
In 2008 Parliament passed the Media Practitioners Act, establishing
a new Media Council to register and accredit journalists, promote
ethical standards amongst the media, and receive public complaints.
Some NGOs, including MISA, the independent media, and opposition
members of parliament (MPs) continued to criticize the law, stating
that it restricted press freedom and was passed without debate after
consultations between the Government and stakeholders collapsed.
The Government owned and operated the Botswana Press Agency, which
dominated the media through its free, nationally distributed newspaper,
Daily News, and through two FM radio stations. State-owned media
generally featured uncritical reporting on the Government and were
susceptible to political interference. Opposition political parties
claimed that state media coverage heavily favored the ruling party.
The independent media were active and generally expressed a wide
variety of views, which frequently included strong criticism of the
Government; however, members of the media stated they were sometimes
subject to government pressure to portray the Government and the
country in a positive light. It was sometimes more difficult for
private media organizations than for government-owned ones to obtain
access to government-held information.
Radio continued to be the most broadly accessible medium.
Government-owned Radio Botswana and Radio Botswana 2 covered most of
the country. Privately owned Yarona FM, Gabz FM, and Duma FM expanded
their broadcasts from Gaborone to cover most of the major towns. They
produced news and current affairs programs without government
interference.
State-owned Botswana Television was the primary source of televised
news and current affairs programs. The privately owned Gaborone
Broadcasting Corporation broadcast mostly foreign programs.
International television channels were available through cable
subscription and satellite.
Some members of civil society organizations alleged the Government
occasionally censored stories it deemed undesirable, and government
journalists sometimes practiced self-censorship.
Internet Freedom.--There were no government restrictions on access
to the Internet or reports that the Government monitored e-mail or
Internet chatrooms. Individuals and groups could engage in the peaceful
expression of views via the Internet, including by e-mail. Internet
access was most common in urban areas, but has begun to expand to
smaller cities and some rural areas. According to International
Telecommunication Union statistics for 2009, approximately 6.15 percent
of the country's inhabitants used the Internet. However, there were
some reports during the year that the actual figure was significantly
higher as citizens increasingly accessed the Internet through both
mobile telephones and home and office Internet connections.
Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.
b. Freedom of Peaceful Assembly and Association.--The constitution
and law provide for freedom of assembly and association, and the
Government generally respected these rights in practice.
c. Freedom of Religion.--For a description of religious freedom,
please see the 2010 International Religious Freedom Report at
www.state.gov/g/drl/irf/rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution and law provide for
freedom of movement within the country, foreign travel, emigration, and
repatriation, and the Government generally respected these rights in
practice.
The Government continued to restrict the freedom of indigenous San
to return to the CKGR, despite a 2006 High Court ruling in a suit
brought by 189 San declaring that the forced relocation of many San in
2002 had wrongfully deprived them of their property and that government
prohibitions against their returning to the reserve and hunting there
were unconstitutional. The Government interpreted the High Court ruling
to apply only to the 189 plaintiffs in the case and their families, and
permitted only them to hunt or live in the CKGR. A few San had never
left the reserve, and some moved back to the CKGR after the High
Court's decision. Many of the 189 did not return to live in the CKGR,
as lack of water made the CKGR an extremely inhospitable environment,
and some who initially returned left again. The Government was not
required to provide water in the CKGR per the 2006 ruling (see sections
1.f. and 6). Visitors to the reserve, including relocated former
residents not named in the 2006 case, must obtain a permit to enter the
CKGR. During the year the San took the Government to the High Court,
pleading for permission to use the borehole the Government disabled in
2002. The High Court dismissed their case. The Government continued to
hold discussions with groups of San to reach an amicable solution
regarding terms of CKGR residency.
The law prohibits forced exile, and the Government did not use it.
Protection of Refugees.--The Government has established a system
for providing protection to refugees. The Government granted refugee
status or asylum. The Government's system for granting refugee status
was accessible but slow. In practice the Government provided protection
against the expulsion or return of persons to countries where their
lives or freedom would be threatened on account of their race,
religion, nationality, membership in a particular social group, or
political opinion. The Government also provided temporary protection to
individuals who may not qualify as refugees under the 1951 UN refugee
convention or the 1967 protocol. During the year fewer than 100 persons
were granted refugee status. The Government cooperated with the UNHCR
and other humanitarian organizations in assisting refugees and asylum
seekers.
The Government held newly arrived refugees and asylum seekers,
primarily from Zimbabwe, in the Center for Illegal Immigrants in
Francistown until the Refugee Advisory Committee (RAC), a governmental
body whose chairperson is the district commissioner of Francistown,
made a status recommendation; the UNHCR was present at RAC meetings in
the status of observer and technical advisor. Once persons were granted
refugee status, the Government transferred them to the Dukwe Refugee
Camp until their resettlement or voluntary repatriation. Refugee
applicants who were unsuccessful in obtaining asylum were nonetheless
allowed to remain at Dukwe if they wished while the Government referred
their cases to the UNHCR for possible resettlement. Refugees in Dukwe
had access to education and health care. Although asylum seekers were
housed separately from illegal immigrants, the UNHCR criticized the
detention of asylum seekers at the Center for Illegal Immigrants on the
grounds that asylum seekers should not be held in detention facilities.
Conditions at the center were generally adequate, but children in the
center did not have sufficient access to education during their
detention, which in a few cases lasted many months.
In June 2009 the Government changed its 1997 policy that allowed
some registered refugees to obtain special residency permits allowing
them to live and work outside the camp for one year with the
possibility of renewal. As of December only 19 of the country's 3,185
registered refugees were living and working outside Dukwe. The
Government has stated that as a general policy all registered refugees
must reside in the Dukwe camp, although it may permit residence outside
the camp in a few exceptional cases, such as refugees enrolled at a
university or with unique skills.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution and law provide citizens the right to change their
government peacefully, and citizens exercised this right through
periodic, free, and fair elections based on universal suffrage.
Elections and Political Participation.--In October 2009 the ruling
BDP won the majority of National Assembly seats in a general election
deemed by international and domestic observers to be generally free and
fair. President Ian Khama, who has held the presidency since 2008, when
former President Festus Mogae resigned, retained his position. However,
the BDP received preferential access to state-owned television during
much of the campaign. The BDP won 45 of 57 competitive National
Assembly seats, the Botswana National Front (BNF) won six seats, the
Botswana Congress Party (BCP) won five seats, and an independent
candidate won one seat. The BDP has won a majority of seats in the
National Assembly in every election since independence. There are also
four additional MPs who are nominated and elected by parliament.
In May the BDP split, with five of its MPs forming a new opposition
party, the Botswana Movement for Democracy (BMD). Other MPs switched
parties during the year, including among opposition parties, from the
ruling party to opposition, and from the opposition to the ruling
party. At year's end, the BDP held 45 seats in parliament, the new BMD
party led the opposition with six seats, the BNF controlled five seats,
and the BCP had five seats.
The House of Chiefs acts as an advisory upper chamber to the
National Assembly on any legislation affecting tribal organization and
property, customary law, and administration of the customary courts. It
consists of eight paramount chiefs, five chiefs chosen by the
president, and 22 elected chiefs from designated regions. The paramount
chiefs are members of the House of Chiefs for life, while the chosen
and elected chiefs serve five-year terms. The first election based on
amendments made to the constitution in 2006 to expand the House of
Chiefs was held later that year.
Political parties operated without restriction or outside
interference.
There were four women in the 61-seat National Assembly, one of whom
was the speaker; four in the 24-member cabinet; and four in the
expanded 35-seat House of Chiefs.
While the constitution formally recognizes eight principal ethnic
groups of the Tswana nation, amendments to the constitution also allow
minority tribes to be represented in the expanded House of Chiefs.
Under the law members from all groups enjoy equal rights, and minority
tribes have representation that is at least equal to that of the eight
principal tribes. There are members of minority tribes in the assembly,
in the cabinet, and on the High Court.
Section 4. Official Corruption and Government Transparency
The law provides criminal penalties for official corruption, and
the Government generally implemented these laws effectively. There were
isolated reports of government corruption during the year. The minister
of defense, justice and security resigned his cabinet position in
August immediately preceding an official charge of corruption.
There are no formal financial disclosure laws; however, in October
2009 a presidential directive required all cabinet ministers to declare
their interests, assets, and liabilities to the president. Critics
contended the policy did not go far enough to promote transparency and
that financial declarations by senior government officials should be
available to the public.
In 2009 the Directorate on Corruption and Economic Crime (DCEC)
initiated investigations into 39 suspicious transactions. Of these, 18
remained under investigation and 21 were concluded by year's end. Of
the 21 cases, the directorate dismissed 18 after allegations of illegal
conduct were disproved and found insufficient in three.
During the year police initiated investigations into 20 cases of
police corruption.
Police officials acknowledged that corruption was a problem in the
lower ranks; some officers took advantage of illegal immigrants and
traffic violators. During the year 29 police officers were arrested for
criminal offenses, with 12 brought before the courts by year's end. Of
the 24 officers who were charged in 2009 and remained under
investigation during the year, 18 were dismissed, two were acquitted,
two resigned, and two cases remained under investigation.
The security forces reported to civilian authorities, and the
Government had effective mechanisms to investigate and punish abuse and
corruption, including investigation by police and referral to the
criminal court system.
In April portions of an anti-money-laundering law enacted in March
2009 came into effect. The act created a new Financial Intelligence
Agency (FIA), but the agency was still being formed during the year.
Until the FIA is fully functioning, the DCEC retains responsibility for
investigating suspected instances of money laundering, including the
authority to demand access to bank records during the course of an
investigation.
The law does not provide public access to government information,
and the Government generally restricted such access. Information that
is made public is available for a fee from the Government Printing
Office.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. Government officials
were generally cooperative and responsive to domestic NGO views on most
subjects but were considerably less open to the involvement of some
international NGOs on the issue of the CKGR relocations. The Government
interacted with, and provided financial support to, some domestic
organizations. Independent local human rights groups included
Childline, a child welfare NGO; Emang Basadi, a women's rights group;
the Botswana Network on Ethics, Law, and HIV/AIDS; and DITSHWANELO.
Beginning in 2007 the Government required that certain foreign NGO
workers obtain visas, a practice which continued during the year.
The Government worked cooperatively with international
organizations, including the ICRC and UN, during the year. The
Government allowed visits from UN representatives and representatives
from human rights and humanitarian organizations such as the ICRC.
The UN Special Rapporteur on Indigenous Persons visited the country
in March 2009, and the UN issued a report on his visit in February. The
UN noted that although the Government had undertaken many initiatives
to address the conditions of disadvantaged and marginalized peoples and
to celebrate their cultures, it needed to increase its efforts to
tackle the challenges faced by indigenous groups, such as land rights.
According to the UN report, ``Certain indigenous groups continue to
suffer from a lack of secure land tenure, including access to and use
of their ancestral lands and resources, in part due to the
nonrecognition of these groups' customary land use practices.''
An independent, autonomous ombudsman handled complaints of
administrative wrongdoing in the public sector, and the Government
generally cooperated with the ombudsman. The office suffered from a
shortage of staff, and public awareness of the office and its services
was low.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution and law prohibit governmental discrimination on
the basis of ethnicity, race, nationality, creed, sex, or social
status, and the Government generally respected these provisions in
practice. As long as a job applicant is able to perform the duties of
the position, he or she may not be discriminated against due to
disability or language. However, the law does not prohibit
discrimination by private persons or entities, and there was societal
discrimination against women; persons with disabilities; minority
ethnic groups, particularly the San; persons with HIV/AIDS; persons
with albinism; and gays and lesbians.
Women.--The law prohibits rape but does not recognize spousal rape
as a crime. Laws against rape were effectively enforced when victims
pressed charges; however, police noted victims often declined to press
charges against the perpetrators. In some cases victims were afraid of
losing financial support if perpetrators were found guilty and
imprisoned. The number of reported rape cases decreased during the year
from 1,539 as of December 2009 to 1,332 as of November 2010. The NGOs
continued efforts to improve awareness of the crime. By law the minimum
sentence for rape is 10 years in prison, increasing to 15 years with
corporal punishment if the offender is HIV-positive, and 20 years with
corporal punishment if the offender was aware of having HIV-positive
status. Corporal punishment was used more often in the customary than
in the formal courts and typically consisted of strokes to the buttocks
with a stick. A person convicted of rape is required to undergo an HIV
test before sentencing. However, police lacked basic investigative
techniques in rape cases.
The law prohibits domestic and other violence, whether against
women or men, and it remained a serious problem. The police reported
the following statistics related to domestic violence: defilement, 389
cases; incest, 5 cases; indecent assault on females, 129 cases; common
assault, 12, 367 cases; and assault occasioning bodily harm, 2,069
cases. There were 90 reported cases of passion killings and 834 of
death threats. Greater public awareness resulted in increased reporting
of domestic violence and sexual assault.
The law prohibits sexual harassment in both the private and public
sectors. Sexual harassment committed by a public officer is considered
misconduct and punishable by termination, with or without forfeiture of
all retirement benefits, suspension with loss of pay and benefits for
up to three months, reduction in rank or pay, deferment or stoppage of
a pay raise, or a reprimand. However, sexual harassment continued to be
a widespread problem, particularly by men in positions of authority,
including teachers, supervisors, and older male relatives.
Couples and individuals have the right, and were able in practice,
to decide freely and responsibly the number, spacing, and timing of
their children, and to have the information and means to do so free
from discrimination, coercion, and violence. Contraception is widely
available. According to the Population Reference Bureau, skilled
attendance during childbirth averaged 94 percent across the country--
with higher rates in urban areas. Obstetric and postpartum care was
generally available, and women had equal access to testing and
treatment for sexually transmitted diseases, including HIV/AIDS. The
Government's program, Prevention of Mother-to-Child Transmission of
HIV, has effectively curtailed mother-to-child transmission. According
to the Ministry of Health, the maternal mortality rate was 198 deaths
per 100,000 births.
By law women have the same civil rights as men, but in practice
societal discrimination persisted. A number of traditional laws
enforced by tribal structures and customary courts restricted women's
property rights and economic opportunities, particularly in rural
areas. Marriages can occur under one of three systems, each with its
own implications for women's property rights. A woman married under
traditional law or in ``common property'' is held to be a legal minor
and required to have her husband's consent to buy or sell property,
apply for credit, and enter into legally binding contracts. Under an
intermediate system referred to as ``in community of property,''
married women may own real estate in their own names, and the law
stipulates that neither spouse can dispose of joint property without
the written consent of the other. Women increasingly exercised the
right to marriage ``out of common property,'' in which they retained
their full legal rights as adults. Polygamy is legal under traditional
law with the consent of the first wife, but it was not common.
Skilled urban women had increasing access to entry- and mid-level
white collar jobs. According to a 2007 Grant Thornton International
Business Report, 74 percent of businesses employed women in senior
management positions, and women occupied 31 percent of such positions.
Women occupied many senior-level positions in government agencies, such
as speaker of the General Assembly, governor of the Bank of Botswana,
attorney general, minister in the Office of the President, minister of
education and skills development, and numerous permanent secretary
positions. However, a 2007 UN report found that women's political
participation was not equal to that of men. In 2008 the Botswana
Defense Force (BDF) began to allow women to serve in the military. In
2008 the first class of Batswana female officer candidates completed
their training in Tanzania and joined the BDF. During 2009 women were
included as officer candidates in the first integrated training class
to be conducted in the country and they continued to be inducted as
officer candidates during the year.
The Women's Affairs Department in the Ministry of Labor and Home
Affairs has responsibility for promoting and protecting women's rights
and welfare. The department provided grants to NGOs working on women's
issues. A local NGO reported that women were increasingly able to
access credit markets and be paid as much as their male counterparts
for similar work.
Children.--The law provides for the rights and welfare of children,
and the Government respected these rights in practice. In general,
citizenship is derived from one's parents, although there are very
limited circumstances in which citizenship can be derived from birth
within the country's territory. The Government generally registers
births immediately; however, there were some delays in the most remote
locations. Unregistered children may be denied some government
services.
The Government continued to allocate the largest portion of its
budget to the Ministry of Education. The Ministry of Local Government
distributed books, food, and materials for primary education. Education
was not compulsory. The Government reintroduced school fees in 2006.
The fees could be waived for children whose family income fell below a
certain amount. The Government also provided uniforms, books, and other
fees for students whose parents were destitute. Students in remote
areas received two free meals a day at school. Girls and boys attended
school at similar rates.
No law specifically prohibits child abuse. Sex with a child younger
than 16 is known as defilement and is prohibited and punishable by a
minimum of 10 years' incarceration. Police reported that through the
end of November there were 1,332 cases of rape, 389 cases of
defilement, 129 cases of indecent assault on girls and five cases of
incest. There were defilement investigations and convictions during the
year. Sexual abuse of students by teachers was reported to be a
problem. Children were sometimes sexually abused by extended family
members with whom they lived. The law considers incest a punishable act
only if it occurs between blood relatives.
Child marriage occurred infrequently and was largely limited to
certain ethnic groups. Marriages that occur when either party is under
the minimum legal age of 18 are not recognized by the Government.
Child prostitution and pornography are criminal offenses. Media and
NGO reports claimed that prostituted children had been made available
to truck drivers along the main road linking the country with South
Africa and that many of the girls and boys were thought to be orphans.
There were reports of child labor. Of the children employed,
approximately half were below the legal working age of 14. Two-thirds
of employed children were working in rural villages, and more than 60
percent worked in the agricultural sector, mostly on a subsistence
level on family cattle posts or farms.
In 2005 the UN Children's Fund estimated there were 150,000 orphans
in the country, of whom approximately 120,000 had lost one or both
parents due to HIV/AIDS. As of December the Government had registered
37,233 children as orphans. The discrepancy between the two estimates
is due to the fact that the Government has a more restrictive
definition of when a child is orphaned than the UN. The Government
requires both parents of a child to have died before considering the
child an orphan, except in cases where the child is raised by only one
parent. Once registered, the children received clothes, shelter, a
monthly food basket worth between 216 pula (approximately $33) and 350
pula ($54) depending upon location, and counseling as needed. Some
relatives continued to deny inheritance rights to orphans.
The country is not a party to the 1980 Hague Convention on the
Civil Aspects of International Child Abduction. For information on
international parental child abduction, please see the Department of
State's annual report on compliance at http://travel.state.gov/
abduction/country/country--3781.html.
Anti-Semitism.--There was no known Jewish community in the country,
and no reports of anti-Semitic acts.
Trafficking in Persons.--For information on trafficking in persons,
please see the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip.
Persons With Disabilities.--The law prohibits discrimination
against persons with physical and mental disabilities in education,
employment, access to health care, or the provision of other state
services. The Government has an effective national policy that provides
for integrating the needs of persons with disabilities into all aspects
of government policymaking. The Government mandated access to public
buildings or transportation for persons with disabilities. There was
some discrimination against persons with disabilities, and employment
opportunities remained limited. The Government did not restrict persons
with disabilities from voting or participating in civil affairs, and
some accommodations were made during elections to allow for persons
with disabilities to vote. Although new government buildings were being
constructed to assure access by persons with disabilities, most older
government office buildings remained inaccessible. There is a
Department of Disability Coordination in the Office of the President to
care for persons with disabilities.
The Department of Labor is responsible for protecting the rights of
persons with disabilities and investigating claims of discrimination.
Individuals can also bring cases directly to the Industrial Court. The
Government funded NGOs that provided rehabilitation services and
supported small-scale projects for workers with disabilities.
Indigenous People.--An estimated 50,000-60,000 persons belong to
one of the many scattered, diverse tribal groups known as San or
Basarwa. The San represented approximately 3 percent of the population
and were culturally and linguistically distinct from most other
residents. The law prohibits discrimination against the San with
respect to employment, housing, health services, and cultural
practices; however, the San remained economically and politically
marginalized and generally did not have access to their traditional
land. The San continued to be geographically isolated, had limited
access to education, lacked adequate political representation, and were
not fully aware of their civil rights. In 2002 the Government forcibly
resettled San who were living in the CKGR to the settlement areas of
Kaudwane, New Xade, and Xere. The Government continued to maintain that
the move was to enable the resettled San to have better access to
education and health facilities.
While the Government respected the December 2006 High Court ruling
on a suit filed by 189 San regarding their forced relocation, it
continued to interpret the ruling to allow only the 189 actual
applicants and their spouses and minor children, rather than all San
affected by the relocations, to return to the CKGR. The court ruled
that the applicants were entitled to return to the CKGR without entry
permits and to be issued permits to hunt in designated wildlife
management areas, which are not located in the CKGR. The court also
ruled that the Government was not obligated to resume providing
services within the CKGR, and the Government did not reopen water wells
in the CKGR during the year. Many of the San and their supporters
continued to object to the Government's narrow interpretation of this
ruling. Government sources confirmed that negotiations between San
representatives and government regarding residency, water, and hunting
rights were ongoing at year's end. However, a small group of San also
filed suit in November 2009 seeking to force the Government to open a
water well at a specific location inside the CKGR. San contend that
this location had previously been a well, while the Government argued
that it had never been a well and had been used for geological
exploration. In July the High Court ruled against the plaintiffs.
Attorneys for the San filed an appeal, which remained under
consideration by the court at year's end.
During the year there were no reports of the arrest of San for
illegal hunting in the CKGR. In 2009 the Government made several
arrests of San for illegally hunting in the CKGR. Although the law
allows a fine or prison term for those found guilty of illegal hunting,
none of the San arrested in 2009 were sanctioned.
During the year there were no government programs directly
addressing discrimination against the San. With the exception of the
2006 court ruling, there were no demarcated cultural lands.
A number of NGOs made efforts to promote the rights of the San or
to help provide economic opportunities. However, the programs had
limited impact. The NGO Survival International, along with other
independent organizations, continued to criticize the decision by the
Government to allow mining exploration in the CKGR. The NGOs argued
that diamond exploration in the CKGR would have a devastating impact on
the life and environment of the San.
Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--The country has no law
criminalizing sexual orientation. However, what the law describes as
``unnatural acts'' are criminalized, and there is widespread belief
this is directed toward gay, lesbian, bisexual, and transgender
persons. The police do not target homosexual activity, and there were
no reports of violence against persons based on their sexual
orientation or gender identity during the year. However, there were
reports of societal discrimination and harassment of gay, lesbian,
bisexual, and transgender persons. An independent organization LEGABIBO
(Lesbians, Gays, and Bisexuals of Botswana) attempted to register as an
NGO to advocate for the rights of gay, lesbian, transgender, and
bisexual persons, but the Government refused to allow it to do so.
Other Societal Discrimination.--Discrimination against persons with
HIV/AIDS continued to be a problem, including in the workplace. The
Government funded community organizations that ran antidiscrimination
and public awareness programs. The Botswana Network on Ethics, Law, and
HIV/AIDS continued to advocate for an HIV employment law to curb
discrimination in the workplace.
While persons with albinism were subject to some social
discrimination, individuals were generally able to exercise their
rights in practice.
Section 7. Worker Rights
a. The Right of Association.--The law allows workers to form and
join unions of their choice without excessive requirements, and workers
exercised this right in practice. Only police, military, and prison
personnel are prevented from forming or joining labor unions. However,
members of those professions are represented by employee associations,
which serve as a means to communicate collective needs and concerns to
their government employer. In March 357,919 persons were employed in
the formal sector, of whom 51 percent worked in the private sector, 28
percent worked for the national government, 17 percent for local
governments, and 4 percent for parastatal enterprises. Only 1.7 percent
of formal sector employees worked in agriculture, 3 percent in mining,
13 percent in retail sales, and 10 percent in manufacturing. Exact
statistics regarding union membership were not available, but analysts
estimated that trade unions had approximately 70,000 members, which
would represent 20 percent of the formal sector workforce. Unions were
concentrated largely in the public sector, mineral extraction, and to a
lesser extent in the railway and banking sectors. The law requires that
an organization have more than 30 employees to form a trade union.
The law severely restricts the right to strike, and virtually all
strikes are ruled illegal, leaving striking workers at risk of
dismissal. Legal strikes theoretically are possible only after an
exhaustive arbitration process. Sympathy strikes are prohibited.
The 2006 case regarding a copper mine's dismissal of 178 workers
for striking concluded with a lower court dismissal of the case, which
was based on procedural errors by the plaintiffs' attorney. The case
was appealed and had not been heard by the Industrial Court by year's
end.
In 2008 the Industrial Court dismissed a 2005 case in which 461
workers were fired in 2004 after a strike against their employer,
Debswana, the joint government-DeBeers diamond mine venture. The court
found the case was not tried in a timely fashion. The 461 former
employees appealed the dismissal; the appeal was dismissed by the
Industrial Court early in the year.
b. The Right to Organize and Bargain Collectively.--The law allows
unions to conduct their activities without interference, and the
Government protected this right in practice. The law provides for
collective bargaining for unions that have enrolled 25 percent of an
organization's labor force.
Civil service disputes were referred to an ombudsman for
resolution. Private labor disputes were mediated by labor commissioners
and, if not resolved, sent to the Labour Court. The average time to
resolve a labor dispute dropped from 20 months to 11 months by year's
end.
Workers may not be fired for legal union-related activities.
Dismissals on other grounds may be appealed to civil courts or labor
officers, which rarely ordered more than two months' severance pay.
The country's export processing zone (EPZ) exists on paper only.
There are no special laws or exemptions from regular labor laws in the
EPZ.
c. Prohibition of Forced or Compulsory Labor.--The constitution and
law prohibit forced and compulsory labor, including by children;
however, there were reports of child labor in cattle-herding.
Some Zimbabwean women reported being exploited by employers for
forced labor. Children were trafficked internally for domestic
servitude and cattle herding.
Also see the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip.
d. Prohibition of Child Labor and Minimum Age for Employment.--The
law sets the minimum age for basic employment at 14 years. Only an
immediate family member may employ a child age 13 or younger, and no
juvenile under age 14 may be employed in any industry without
permission from the commissioner of labor. Children 14 years old who
are not attending school may be employed by family members in light
work that is not considered hazardous or as approved by the labor
commissioner, but for no more than six hours per day or 30 hours per
week. In industrial settings those under age 15 may only work up to
three consecutive hours without the labor commissioner's approval, and
those between ages 15 and 18 may work only up to four consecutive hours
without such approval. Those under 18 may not be employed in work
underground, at night, in work that is harmful to health and
development, or that is dangerous or immoral. The law provides that
adopted children may not be exploited for labor and protects orphans
from exploitation or coercion into prostitution.
According to the 2005-06 labor survey, slightly fewer than 38,000
children between the ages of seven and 17 were employed in the formal
sector in 2006. Approximately half of those were under 14. More than 60
percent of employed children worked in agriculture, 20 percent in
retail trade, and 4 percent in private homes. Children also worked as
domestic laborers and in informal bars. Outside of supermarkets they
sometimes assisted truck drivers with unloading goods and carried bags
for customers. Many orphans also left school to work as caregivers for
sick relatives. Most employed children worked up to 28 hours per week.
The Ministry of Labor and Home Affairs was responsible for
enforcing child labor laws and policies in all sectors, and it was
generally effective, despite limited resources for oversight in remote
areas of the country. District and municipal councils have child
welfare divisions, which are also responsible for enforcing child labor
laws. Other involved government entities included offices with the
Ministry of Education and the Ministry of Local Government. Oversight
of child labor issues was facilitated through the Advisory Committee on
Child Labor, which included representatives of various NGOs, government
agencies, workers' federations, and employers' organizations. One child
was found to be working illegally in the agricultural sector during the
year. The employer was charged and fined and the child was assisted by
the Department of Social Services.
The Government supported and worked with partners to conduct
workshops to raise awareness of child labor. The Department of Labor
partnered with the Department of Social Services to advocate against
and raise awareness of exploitative child labor.
e. Acceptable Conditions of Work.--The minimum hourly wage for most
full-time labor in the private sector was 3.80 pula ($0.58), which did
not provide a decent standard of living for a worker and family. The
cabinet determined wage policy based on recommendations from the
National Economic, Manpower, and Incomes Committee, which consists of
representatives of the Government, the private sector, and the Botswana
Federation of Trade Unions. The Ministry of Labor and Home Affairs was
responsible for enforcing the minimum wage, and each of the country's
districts had at least one labor inspector.
Formal sector jobs generally paid well above minimum wage levels.
Informal sector employment, particularly in the agricultural and
domestic service sectors, where housing and food were provided,
frequently paid below the minimum wage. The minimum wage for domestic
workers was two pula ($0.30) per hour. The minimum for workers in the
agricultural sector was 408 pula ($62) per month; however, the cost of
feeding a worker who lived on the employer's premises could be deducted
from the wages.
The law permits a maximum 48-hour workweek, exclusive of overtime,
which is payable at time-and-a-half. The law does not specifically
outline rest periods or prohibit excessive compulsory overtime. Most
modern private sector jobs had a 40-hour workweek; the public sector,
however, had a 48-hour workweek. The labor law applies to farm and
migrant workers. The Department of Labor had inspectors to oversee and
enforce labor regulations; however, the number was insufficient to
allow for inspection of all relevant workplaces.
The Government's ability to enforce its workplace safety
legislation remained limited by inadequate staffing and unclear
jurisdictions among different ministries. Nevertheless, there are
limited requirements for occupational safety contained in the
Employment Act, and employers in the formal sector generally provided
for worker safety.
The law provides that workers who complain about hazardous
conditions may not be fired, and authorities in the Ministry of Labor
and Home Affairs effectively enforced this right.
__________
BURKINA FASO
Burkina Faso is a parliamentary republic with a population of
approximately 15.7 million. In November President Blaise Compaore was
reelected to a fourth term with more than 80 percent of the vote.
Observers considered the election free and transparent, despite minor
irregularities, but not entirely fair due to the ruling party's control
of official resources. The president, assisted by members of his party,
the Congress for Democracy and Progress (CDP), continued to dominate
the Government. The CDP won a majority in the 2007 legislative
elections, which observers declared generally free and orderly despite
irregularities, including fraud involving voter identification cards.
There were instances in which elements of the security forces acted
independently of civilian control.
Human rights problems included security force use of excessive
force against civilians, criminal suspects, and detainees; arbitrary
arrest and detention; abuse of prisoners and harsh prison conditions;
official impunity; judicial inefficiency and lack of independence;
occasional restrictions on freedom of assembly; official corruption;
societal violence and discrimination against women and children,
including female genital mutilation; trafficking in persons;
discrimination against persons with disabilities; and child labor.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--The Government or
its agents did not commit any politically motivated killings; however,
on June 30, Da Arnaud Some died in police custody several hours after
being arrested for alleged drug possession. Some died under unclear
circumstances in Gaoua hospital after police arrested him on drug
possession charges in Danyoro. Some tried to escape and sustained
injuries falling down a steep ravine. He died a few hours later while
in the hospital receiving treatment. Human rights organizations,
including the Burkina Faso Movement for Human and Peoples' Rights
(MBDHP), investigated the death and concluded that Some died as a
result of a severe police beating and not because of an alleged fall.
The MBDHP called for an independent investigation and the arrest of
those responsible for Some's death. The Government took rapid
disciplinary action, arresting the three policemen involved in Some's
death and reassigning the entire police staff, including the chiefs of
police in Danyoro and Gaoua, to other police stations. Although the
Government promised legal action against the perpetrators, by year's
end there had been no trial. This death triggered violent
demonstrations on July 1 in Gaoua (see section 2.b.).
On July 1, security forces killed two young men in Gaoua after
demonstrations organized to protest the June 30 killing turned violent.
According to official reports, security forces used shotguns to restore
order. Human rights associations collected empty cartridges after the
incidents, and injuries were consistent with the use of live fire.
Official post-incident reports referred to the causes of death as
``accidental'' (see section 1.c.).
In September 2009 prison guards shot and killed six prisoners and
severely injured eight more while trying to quell prisoners protesting
preferential treatment of wealthier prisoners. The Burkinabe Movement
for the Emergence of Social Justice (MBEJUS) demanded an investigation;
however, no action had been taken by year's end.
b. Disappearance.--There were no reports of politically motivated
disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--Although the constitution and law prohibit such treatment,
members of the security forces continued to abuse persons with
impunity. Suspects reportedly were frequently subjected to beatings,
threats, and occasionally torture to extract confessions. Government
actions to prevent such treatment were weak, with only a few known
cases when this behavior was punished.
Prison and Detention Center Conditions.--Prison conditions were
harsh and could be life threatening. Prisons were overcrowded, and
medical care and sanitation were poor. Diet was inadequate, and inmates
often relied on supplemental food from relatives. Pretrial detainees
were usually held with convicted prisoners.
Deaths from prison conditions or neglect occurred, according to
human rights organizations. The MBEJUS stated that approximately 150
prisoners died during the year. Human rights activists believed that
the majority of those deaths were the result of harsh prison
conditions.
There were 5,238 persons incarcerated countrywide, including 112
women and 127 minors, of whom 2,519, including 73 women and 82 minors,
were in pretrial detention. Generally juveniles and adults were not
held together in Ouagadougou; however, in provincial prisons they were
held together because no separate facilities existed there for
juveniles.
Prisoners and detainees had reasonable access to visitors and were
permitted religious observance. Authorities permitted prisoners and
detainees to submit complaints to judicial authorities without
censorship and to request investigation of credible allegations of
inhumane conditions. The Government investigated and monitored prison
and detention center conditions. Prison authorities granted permission
to visit prisons without requiring advance notice for representatives
of local and international human rights groups, the media, foreign
embassies, and the International Committee of the Red Cross. The
International Red Cross visited prisons as did members of local
nongovernmental organizations (NGOs), foreign embassies, and the press.
d. Arbitrary Arrest or Detention.--The constitution and law
prohibit arbitrary arrest and detention; however, security forces did
not consistently observe these prohibitions. The Government did not
take steps to prevent such treatment and did not investigate and punish
those responsible.
Role of the Police and Security Apparatus.--The National Police,
under the Ministry of Security, and the municipal police, under the
Ministry of Territorial Administration, are responsible for public
security. Gendarmes, under the Ministry of Security, are responsible
for restoring law and order during a disturbance, enforcing the penal
code, and taking preventive action, such as checking if individuals are
carrying required official documents.
Human rights organizations cite the climate of impunity created by
the Government's inaction as the largest obstacle to reducing abuse.
Observers stated security forces were not very effective in
preventing and responding to societal violence. The Human Rights
Ministry did not conduct any seminars during the year to educate
security forces on human rights because of a lack of funding. In
addition, human rights organizations pointed to complicated government
procedures for authorizing security forces to take action as hampering
security forces from preventing and responding to societal violence.
For example, authorities were not effective in addressing incidents
between Fulani herders and Mossi, Gourounchi, and Gourmanche farmers,
or cases in which elderly women were expelled from their homes or
villages following accusations of witchcraft.
Arrest Procedures and Treatment While in Detention.--By law, police
must possess a warrant to search or arrest, arrests must be made
openly, and warrants must be based on sufficient evidence and issued by
a duly authorized official. However, authorities did not always respect
this process. Detainees were not consistently informed of charges
against them. The law provides the right to expeditious arraignment,
bail, access to legal counsel after a detainee has been charged before
a judge or, if indigent, access to a lawyer provided by the state after
being charged; however, these rights were seldom respected. The law
does not provide for detainees to have access to family members,
although detainees generally were allowed such access.
The law limits detention without charge for investigative purposes
to a maximum of 72 hours, renewable for a single 48-hour period;
however, police rarely observed these restrictions. The law permits
judges to impose an unlimited number of six-month preventive detention
periods. The average time of detention without charge (preventive
detention) was one week. However, defendants without access to legal
counsel often were detained for weeks or months before appearing before
a magistrate. Ombudsmen are permitted to serve on behalf of prisoners
and detainees to consider such matters as alternatives to incarceration
for nonviolent offenders to alleviate inhumane overcrowding.
Government officials estimated that 48 percent of prisoners
nationwide were in pretrial status. In some cases detainees were held
without charge or trial for longer periods than the maximum sentence
they would have received if convicted of the alleged offense. A
pretrial release (release on bail) system exists; however, the extent
of its use was unknown. Human rights advocates stated that the justice
system, including prisons, had unreliable mechanisms to track detainees
and occasionally ``lost'' some of them.
e. Denial of Fair Public Trial.--The constitution and law provide
for an independent judiciary; however, NGOs reported that the judiciary
was corrupt, inefficient, and subject to executive influence. The
president has extensive appointment powers and used them to influence
the judiciary. Constitutionally, the head of state also serves as
president of the Superior Council of the Magistrature, which nominates
and removes senior magistrates and examines their performance. Other
systemic weaknesses in the justice system included the removability of
judges, corruption of magistrates, outdated legal codes, an
insufficient number of courts, and excessive legal costs.
Military courts try cases only involving military personnel and
provide rights equivalent to those in civil criminal courts. They hold
public trials and publish verdicts in the local press. Traditional
courts in rural areas were abolished in 1984 and no longer have legal
standing.
Trial Procedures.--Trials are public, but juries are not used.
Defendants are presumed innocent and have the right to legal
representation and consultation. Defendants have the right to be
present at their trials, to be informed promptly of charges against
them, to provide their own evidence, and to have access to government-
held evidence. Defendants can challenge and present witnesses and have
the right of appeal. If indigent, they have the right to a lawyer
provided by the state. However, these rights were not generally
respected, due in part to popular ignorance of the law and a continuing
shortage of magistrates. There were serious court backlogs.
Formal law provides women with equal property and inheritance
rights. In practice, however, many Burkinabe held widespread
traditional views that do not recognize women's inheritance rights and
regard women as property. In general in rural areas, for example, a
wife's land is viewed as belonging to the family of her deceased
husband.
Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.
Civil Judicial Procedures and Remedies.--There is an independent
judiciary in civil matters; however, due to the corruption and
inefficiency of the judiciary, citizens sometimes preferred to rely on
the ombudsman (see section 5) to settle disputes with the Government.
The law provides for access to a court to bring lawsuits seeking
damages for, or cessation of, a human rights violation, and both
administrative and judicial remedies were available for alleged wrongs.
Several such court orders were issued during the year. There were
problems enforcing court orders in sensitive cases involving national
security, wealthy or influential persons, and government officials.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The constitution and law prohibit such actions, and
the Government generally respects these prohibitions. In cases of
national security, the law permits surveillance, searches, and
monitoring of telephones and private correspondence without a warrant.
However, under normal circumstances, the law requires that the justice
minister issue a warrant before homes may be searched.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The constitution and law provide
for freedom of speech and of the press, and the Government generally
respected these rights in practice.
Individuals could criticize the Government publicly or privately
without reprisal. During the year the Government did not attempt to
impede criticism.
The official media, including the daily newspaper Sidwaya and the
Government-controlled radio and television stations, displayed a
progovernment bias, but allowed significant participation in their
programming from those representing opposition views. There were
numerous independent newspapers, satirical weeklies, and radio and
television stations, some of which were highly critical of the
Government. Foreign radio stations broadcasted without government
interference.
All media are under the administrative and technical supervision of
the Ministry of Culture, Tourism, and Communications, and the spokesman
of the Government, which is responsible for developing and implementing
government policy and projects concerning information and
communication. The Superior Council of Communication (SCC), a
semiautonomous body under the Office of the President, also regulates
the media by overseeing the content of radio and television programs
and newspapers to ensure they adhere to professional ethics standards
and government policy on information and communication. The SCC ensured
equal access to the media for all November presidential candidates. The
SCC may summon a journalist to attend a hearing about his work,
followed by a warning that it would not tolerate a repeat of
``noncompliant behavior.'' Hearings may concern alleged libel,
disturbing the peace, or violations of state security. Approximately
five journalists received such summonses during the year.
Internet Freedom.--There were no government restrictions on access
to the Internet or reports that the Government monitored e-mail or
Internet chat rooms. Individuals and groups could engage in the
peaceful expression of views via the Internet, including by e-mail.
However, poverty and the high rate of illiteracy limited public access
to the Internet. According to International Telecommunication Union
statistics for 2008, less than 1 percent of the country's inhabitants
used the Internet.
Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.
b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The constitution and law provide for freedom of assembly;
however, the Government did not always respect this right.
The Government did not make public information on any action taken
against security forces responsible for injuring and killing
demonstrators during demonstrations organized by the political
opposition in 2008 against high fuel and food prices.
Political parties and labor unions may hold meetings and rallies
without government permission; however, advance notification is
required for demonstrations on the streets that might impact traffic or
threaten public peace. Penalties for violation of the advance-
notification requirement include two to five years' imprisonment.
Denials or imposed modifications of a proposed march route or schedule
may be appealed to the courts. Government agents sometimes infiltrated
political meetings and rallies.
On July 1, violent demonstrations erupted in the city of Gaoua to
protest the June 30 death of Da Arnaud Some (see section 1.c.). Angry
demonstrators burned a police station and looted property. The MBDHP
reported that in response, security forces, including police,
gendarmerie, and army personnel, were deployed across the city. They
used teargas and shotguns to disperse the mob. According to the MBDHP,
security forces accidentally shot and killed 17-year-old Boureima Sie
Kambou as they were trying to restore order. They also shot Etienne Da
in the stomach. He later succumbed to his injuries in a Bobo-Dioulasso
hospital. The Government responded by reassigning implicated police
officers, but there had been no trial by year's end (see section 1.a.).
Freedom of Association.--The constitution and law provide for
freedom of association, and the Government generally respected this
right. Political parties and labor unions could organize without
government permission.
c. Freedom of Religion.--For a description of religious freedom,
please see the 2010 International Religious Freedom Report at
www.state.gov/g/drl/irf/rpt
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution provides for freedom
of movement within the country, foreign travel, emigration, and
repatriation, and the Government generally respected these rights in
practice. The Government cooperated with the Office of the UN High
Commissioner for Refugees (UNHCR) and other humanitarian organizations
to provide protection and assistance to internally displaced persons,
refugees, returning refugees, asylum seekers, stateless persons, and
other persons of concern.
The Government, in accordance with Economic Community of West
Africa guidelines, required travel documents, such as identification
cards, for regional travel.
The law prohibits forced exile, and there were no reports that the
Government used it during the year.
Protection of Refugees.--In practice the Government provided
protection against the expulsion or return of refugees to countries
where their lives or freedom would be threatened on account of their
race, religion, nationality, membership in a particular social group,
or political opinion. The Government granted refugee or asylum status
and also provided temporary protection to individuals who may not
qualify as refugees under the 1951 Refugee Convention or its 1967
Protocol. Under law, refugees have equal access to employment, basic
services, education, police, and court services. There were no reports
that refugees were denied these rights during the year.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution provides citizens with the right to change their
government peacefully through multiparty elections; however, the ruling
party's control of official resources and dominance in government
severely disadvantaged the opposition from mounting a credible
challenge.
Elections and Political Participation.--In November President
Blaise Compaore won reelection with more than 80 percent of the vote.
Opposition candidate Hama Arba Diallo, the runner-up, received 7.96
percent. Despite some irregularities, international observers
considered the election to have been free and transparent despite the
resource advantage held by the president.
Political parties operated freely. Individuals and parties may
freely declare their candidacies and stand for election in presidential
elections; however, individuals must be members of a political party to
run in legislative or municipal elections.
In the 2007 legislative elections, the ruling CDP won 73 seats in
the 111-seat National Assembly. Of the 38 non-CDP deputies, 25 belonged
to parties allied with the Government. Election observers declared the
elections free and orderly, except in four cities where they noted
irregularities, including several cases of fraud involving voter
identification cards. Opposition leaders denounced the elections.
CDP membership conferred advantages, particularly for businessmen
and traders seeking ostensibly open government contracts.
There were 13 women in the National Assembly and seven women in the
34-member cabinet. One of the four higher courts was led by a woman,
the national ombudsman was a woman, 18 elected mayors were women, and
an estimated 40 to 45 percent of new communal councilors were women.
There were 17 minority members in the cabinet and 61 in the
National Assembly.
Section 4. Official Corruption and Government Transparency
The law provides criminal penalties for official corruption;
however, the Government did not implement the law effectively, and
officials engaged in corrupt practices with impunity. Local NGOs
denounced what they called the overwhelming corruption of senior civil
servants. They reported that corruption was especially acute in the
customs service, gendarmerie, taxing agencies, national police,
municipal police, public health service, municipalities, the education
sector, government procurement, and the Justice Ministry. In recent
years, despite numerous instances of high-level corruption, no senior
government officials were prosecuted for corruption.
Corruption was widespread, particularly among lower levels of the
police and gendarmerie. The 2008 report by the NGO National Network to
Fight against Corruption stated that the police and gendarmerie were
among the most corrupt institutions in the country. Corruption and
official impunity were also a problem in the military. The gendarmerie
is responsible for investigating abuse by police and gendarmes, but the
results of their investigations were not always made public. The
military court held a number of trials in which civilians pressed
charges against military personnel. These trials were public, and
verdicts were reported in the press. The Government took no known
judicial action against representatives of security forces accused by
human rights groups of being responsible for abuses and took
disciplinary action in only a handful of cases.
Some public officials are subject to financial disclosure laws, but
those laws were not effectively enforced.
No laws provide for public access to government information. While
government ministries released some nonsensitive documents, local
journalists complained that ministries generally were unresponsive to
requests for information, ostensibly for reasons of national security
and confidentiality. They also criticized government spokespersons for
strictly limiting the scope of questions that can be raised during
official press conferences. There is no procedure to appeal denials of
requests for information.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A variety of domestic and international human rights groups
operated without government restriction, investigating and publishing
their findings on human rights cases. Government officials were mostly
cooperative and responsive to their views.
The Government permitted international human rights groups to visit
and operate in the country; the International Red Cross visited during
the year.
The Ministry of Human Rights is responsible for the protection and
promotion of human rights and coordinates relevant efforts of other
ministries. The minister of human rights reports to the prime minister.
During the year the ministry conducted education campaigns and produced
human rights pamphlets for security forces.
The ombudsman is appointed by the president for a nonrenewable
five-year term and cannot be removed during the term. The public
generally trusted the ombudsman's impartiality. In accordance with the
law, the ombudsman presented its 2009 report to the president on
November 25. During its 15 years of existence (1994-2010), the
institution investigated 3,698 complaints related to conflicts between
Burkinabe and non-Burkinabe nationals living in Burkina Faso and
complaints involving government services. Approximately 3,500 cases,
including 936 in 2009, were resolved.
The Governmental National Commission on Human Rights serves as a
permanent framework for dialogue on human rights concerns and included
representatives of human rights NGOs, unions, professional
associations, and the Government. The MBDHP did not participate on the
commission and continued to charge that the commission was subject to
government influence. The commission, which has never issued any
reports, was inadequately funded.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution and law prohibit discrimination based on race,
gender, disability, language, or social status; however, the Government
did not effectively enforce these prohibitions. Discrimination against
women and persons with disabilities remained problems.
Women.--Rape is a crime. Although there were prosecutions during
the reporting period; no official statistics were available on the
number of rapes during the year. Article 417 of the Penal Code punishes
rape with five to 10 years' imprisonment. Human rights associations
reported that rape occurs frequently. There is no explicit mention of
spousal rape in the law, and there have been no recent court cases. A
number of organizations counseled rape victims, including Roman
Catholic and Protestant missions, the Association of Women Jurists in
Burkina, the MBDHP, the Association of Women, and Promofemmes (a
regional network that works to combat violence against women). Once
rape is reported, the police investigate the accusation and bring the
case to court if the evidence warrants.
Domestic violence against women, especially wife beating, occurs
frequently, primarily in rural areas. No law specifically protects
women from domestic violence, and cases of wife beating usually were
handled out of court. There were no available statistics on how many
persons were prosecuted, convicted, or punished for domestic violence
during the year. It is believed that such legal actions were
infrequent, because women were ashamed, afraid, or otherwise reluctant
to take their spouses to court. Cases that involve severe injury were
usually handled through the legal system.
The Ministry for Promotion of Women, the Ministry for Social Action
and National Solidarity, and several NGOs cooperated to protect women's
rights. The legal section in the Ministry for the Promotion of Women
has a legal affairs section that informs women of their rights and
encourages them to defend those rights. It organized a number of
workshops and led several sensitization campaigns to inform women of
their rights. Although the fight to achieve effective rights for women
is a longstanding process, increasing numbers of women, primarily in
urban areas, voiced their demand for equal rights. The numbers of women
occupying decision-making positions has increased, with many active in
politics. There were no hotlines; however, NGOs operated shelters in
Ouagadougou during the year. The Government provided counseling
representatives at each of the 13 regional ``Maison de la Femme''
structures.
On occasion, childless elderly women with no support, primarily in
rural areas and often widowed, were accused of witchcraft, banned from
their villages, and often accused of eating the soul of a relative or a
child who had died. These women sought refuge at centers run by
governmental or charitable organizations in larger cities.
The Ministry of Social Action and National Solidarity has recorded
a total of 718 women accused of being witches and who had fled their
villages. During the year 18 women fled their villages and were rescued
by NGOs.
The Roman Catholic-operated center Delwende housed approximately
350 persons (including six men) during the year, including the 18 women
accused of witchcraft. The Government and traditional authorities
worked together to help citizens understand the error of both
witchcraft claims, and the abuse of those accused of being witches. In
particular the Ministry of Social Action and National Solidarity
initiated specific sensitization programs with villages and assisted
with mediation efforts between suspected witches and village notables.
The labor code explicitly prohibits sexual harassment in the
workplace, but such harassment was common and considered by many as
culturally acceptable. The law prescribes fines of 50,000 to 600,000
CFA francs ($101 to $1,213) and prison terms varying from one month to
five years for persons convicted of workplace harassment. There were no
available statistics on how many persons were prosecuted, convicted, or
punished for the offense during the year.
Couples and individuals are legally entitled to decide freely and
responsibly the number, spacing, and timing of their children. They
have the right to access reproductive and family planning information
and may do so without facing discrimination, coercion, or violence. In
practice, however, a lack of access to information and medical care
constrained these rights, especially in remote areas. Cultural norms,
especially in rural areas that tend to have a less educated population,
also limited the availability and use of these resources. Reproductive
rights were usually respected and available in urban areas and among
more educated populations. According to the UN Population Fund (UNFPA),
contraceptive use among married women ages 15-49 for modern methods was
approximately 17 percent. However, women often were subject to their
husbands' decision regarding birth control. In 2008 the UNFPA estimated
that the maternal mortality rate was 580 deaths per 100,000 live
births. A woman's lifetime risk of maternal death was one in 28, and
only 31 percent of births were attended by skilled personnel, according
to the Population Reference Bureau.
Both government and private health centers were open to all women
for reproductive health services, including contraception, skilled
medical assistance during childbirth (essential obstetric and
postpartum care), and diagnosis and treatment of sexually transmitted
diseases, including HIV. However, remote villages often lacked these
facilities or did not have adequate road infrastructure to permit easy
access. To obtain specific treatment or deliver under medical
supervision, women in rural areas sometimes had to travel to the
closest large city for access to adequate health centers.
Women continued to occupy a subordinate position in society and
often experienced discrimination in education, jobs, property
ownership, access to credit, management or ownership of a business, and
family rights. Polygyny is permitted, but both parties have to agree to
it prior to a marriage. A wife may oppose further marriages by her
husband if she provides evidence that he has abandoned her and her
children. Both spouses may petition for divorce, and the law provides
that custody of a child may be granted to either parent, based on the
child's best interests. In practice, however, the mother retained
custody until the child reached the age of seven, at which time custody
reverted to the father.
Since 2007 women have been permitted to serve in the military as
officers and noncommissioned officers, and have deployed on foreign
peacekeeping missions. Women represented approximately 45 percent of
the general workforce and were primarily concentrated in lower-paying
positions. Although the law provides equal property rights for women
and, depending on other family relationships, inheritance benefits,
traditional law often denied women the right to own property,
particularly real estate. For example, in rural areas, land owned by a
woman becomes the property of the family of her husband after marriage.
Many citizens, particularly in rural areas, clung to traditional
beliefs that did not recognize inheritance rights for women and
regarded a woman as property that could be inherited upon her husband's
death.
The Government continued media campaigns to change attitudes toward
women, but progress was slow. The Ministry for Women's Promotion is
responsible for promoting women's rights, and the minister was a woman.
During the year the Government established community banks to promote
economic development of grassroots organizations, including women's
groups. The banks provided micro loans to fund cereal mills, shea
butter production, market gardening, animal fattening, and other small
businesses. The Government sponsored a number of community outreach
efforts and sensitization campaigns to promote women's rights.
Children.--Citizenship is derived either by birth within the
country's territory or by blood. Not all births are registered
immediately, particularly in rural areas where administrative
structures are insufficient and rural parents do not know they are
required. Such lack of registration sometimes resulted in denial of
public services. To address the problem, the Government periodically
organized registration drives and issued belated birth certificates.
The law calls for compulsory, free, and universal education until
the age of 16. The Government paid tuition, books, and supplies for all
students under 16 years of age, although uniforms were the
responsibility of the student's family. Children over 16 years of age
were responsible for paying all education costs, unless they qualified
for tuition assistance from merit- and need-based programs. The overall
school enrollment was approximately 78 percent for boys and 71 percent
for girls.
The law prohibits the abuse of children under 15 and provides for
the punishment of abusers. The penal code mandates a one- to three-year
prison sentence and fines ranging from 300,000 to 900,000 CFA francs
($606 to $1,820) for inhumane treatment or mistreatment of children;
however, light corporal punishment was tolerated and widely practiced
in society, although the Government conducted seminars and education
campaigns against child abuse.
Female genital mutilation (FGM) was practiced, especially in rural
areas, despite being illegal, and usually was performed at an early
age. According to a 2006 report by the National Committee for the Fight
Against Excision (CNLPE), up to 81 percent of women age 25 and older,
and approximately 34 percent of girls and women under 25, had undergone
FGM. Although there has been no recent study on FGM, the CNLPE believed
that the practice has decreased significantly. Perpetrators are subject
to a significant fine and imprisonment of six months to three years, or
up to 10 years, if the victim dies. During the year, security forces
and social workers from the Ministry of Social Action arrested several
FGM practitioners and their accomplices. In accordance with the law,
they were sentenced to prison terms.
As part of the Government's campaign against FGM in West Africa,
the first ladies of Burkina Faso and Niger presided over a 2008 meeting
on FGM in Ouagadougou. Noting that girls were sometimes taken across
national borders to countries where excision is legal or law
enforcement was weak, participants called on governments to coordinate
and enforce national laws against FGM. There were no reports of
increased enforcement efforts resulting from this meeting. The
Government, through the Regional Committees to Combat Excision,
continued to work with local populations to address FGM. These regional
committees (presided over by government-appointed high commissioners)
brought together representatives of the Ministries of Social Action,
Basic Education, Secondary and Superior Education, Women's Rights,
Justice, Health, the police and gendarmerie, and local and religious
leaders; they actively campaigned against the practice.
Several NGOs stated that child marriage was a problem, primarily in
rural areas. A 2008 study conducted by the UN Children's Fund (UNICEF)
and the Government concluded that 23.5 percent of girls and women 15-19
years old were already married or living with a partner, with 30.9
percent residing in rural areas and 9.5 percent in urban areas. On the
other hand, 59.6 percent of girls and women were married at the legal
age for marriage of 17 or older. The law prohibits forced marriage and
prescribes penalties of six months to two years in prison for
violation. The prison term may be increased to three years, if the
victim is less than 13 years of age; however, there were no reports
during the year of prosecutions of violators. The Government
collaborated with the Government of Cote d'Ivoire to search for and
repatriate a child taken across the border to be married forcibly. In
addition the Government worked with the UNICEF and the UNFPA to carry
out a project called, ``Putting a stop to early marriages in Burkina
Faso.'' Five regions with high early-marriage rates were targeted for
the pilot phase of the project.
There were no statistics on child prostitution; however, government
services and human rights associations believed it was a problem.
Children from poor families relied on prostitution to meet their daily
needs and, at times, to help their needy parents. Trafficked children,
primarily Nigerian nationals, were also subject to sexual abuse and
forced prostitution.
The law prohibits the worst forms of child labor, including the
commercial sexual exploitation of children, child pornography, and jobs
that harm their health. The 2008 antitrafficking legislation provides
for penalties of up to 10 years for violators and increases maximum
prison terms from five to 10 years. The law also allows terms as high
as 20 years to life imprisonment under certain conditions. The
Government worked with local NGOs to monitor the opening of new gold
mines to ensure no children were illegally employed there.There were
numerous street children, primarily in Ouagadougou and Bobo-Dioulasso.
Many children ended up on the streets after traveling from rural areas
to find employment in the city or after their parents sent them to the
city to study with a unregistered Qur'anic teacher or to live with
relatives and go to school. Several NGOs assisted street children. Two
directorates within the Ministry of Social Action also ran educational
programs, including vocational training, for street children; funded
income-generating activities; and assisted in the reintegration and
rehabilitation of street children. Nevertheless, the number of street
children far outstripped the capacity of these institutions.
The law prohibits female infanticide, and there were no reports of
such cases. Newspapers reported cases of abandonment of newborn babies
following unwanted pregnancies.The country is a party to the 1980 Hague
Convention on the Civil Aspects of International Child Abduction. For
information on international child abduction, please see the Department
of State's annual report on compliance at http://travel.state.gov/
abduction/resources/congressreport/congressreport--4308.htm as well as
country-specific information at http://travel.state.gov/abduction/
country/country--3781.html.
Anti-Semitism.--There were no reports of anti-Semitic acts. There
was no known Jewish community in the country.
Trafficking in Persons.--For information on trafficking in persons,
please see the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip.
Persons With Disabilities.--The law prohibits discrimination
against persons with physical or mental disabilities in employment,
education, access to health care, the provision of other state
services, or other areas; however, the Government did not effectively
enforce these provisions. There was no government mandate or
legislation concerning access to buildings, information, or
communication for persons with disabilities. Advocates reported that
persons with disabilities often faced societal and economic
discrimination. Such persons who were able to work found it difficult
to find employment, including in government service, because of deeply
entrenched societal attitudes that persons with disabilities should be
under the care of their families and not in the workforce.
Programs to aid persons with disabilities were limited. In 2009 and
during the year, the National Committee for the Reintegration of
Persons with Disabilities conducted sensitizing campaigns and
implemented reintegration programs and capacity-building programs to
manage income-generating activities better. High commissioners,
teachers and NGOs worked together to inform citizens about the rights
of persons with disabilities, specifically the rights of children with
disabilities. A number of NGOs schooled and provided vocational
training to children with disabilities.
National/Racial/Ethnic Minorities.--In past years there have been
incidents of conflict over trampled fields involving cattle farmers of
the Fulani ethnic group and farmers of other ethnic groups. Such
incidents were fueled by the scarcity of grazing lands and Fulani
herders allowing their cattle to graze on farming lands of the other
groups, making them territorial disputes more than ethnic conflicts
(see section 1.d., Role of the Police and Security Apparatus).
Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--The law does not discriminate
on the basis of sexual orientation in employment and occupation,
housing, statelessness, or access to education or health care. However,
societal discrimination based on sexual orientation and gender identity
remained a problem. Religious and traditional beliefs do not tolerate
homosexual conduct, and lesbian, gay, bisexual, and transgender (LGBT)
persons were reportedly occasional victims of verbal and physical
abuse. There were no reports that the Government responded to societal
violence and discrimination against such persons.
LGBT organizations had no legal presence in the country but existed
unofficially. There were no reports of government or societal violence
against such organizations.
Other Societal Violence or Discrimination.--Societal discrimination
against persons with HIV/AIDS was a problem. During the year
approximately 130,000 persons tested HIV-positive in the country, 1.8
percent of the population. Persons who tested positive were sometimes
shunned by their families, and HIV-positive wives were sometimes
evicted from their homes. Some landlords refused to rent lodgings to
persons with HIV/AIDS. However, persons with HIV/AIDS were generally
not discriminated against in employment practices or the workplace.
Section 7. Worker Rights
a. The Right of Association.--The law allows workers to form and
join independent unions of their choice without previous authorization
or excessive requirements; however, ``essential'' workers such as
police, army, and other security personnel may not join unions.
Approximately 86 percent of the workforce was engaged in subsistence
agriculture and did not belong to unions. Of the remainder, an
estimated 25 percent of private sector employees and 60 percent of
public sector workers were union members. The law provides unions the
right to conduct their activities without interference, and the
Government respected this right.
The law provides for the right to strike; however, the law provides
a very narrow definition of this right. For strikes that call on
workers to stay home and that do not entail participation in a rally,
the union is required to send an advance notice (eight to 15 days) to
the Government. If unions call for a march, then the Government
requires the same request and that a notice also is submitted to the
city mayor. March organizers are held accountable for any damage or
property destruction that occurs during the demonstration. Magistrates,
police, military personnel, and gendarmes do not have the right to
strike.
There were no reports of strikebreaking during the year.
b. The Right to Organize and Bargain Collectively.--Unions have the
right to bargain directly with employers and industry associations for
wages and other benefits. There was extensive collective bargaining in
the formal wage sector; however, this sector included only a small
percentage of workers.
There were no reports of government restrictions on collective
bargaining during the year.
The 2008 collective bargaining agreement included private sector
and civil service workers who participated in negotiations with
employers; the agreement that was reached addressed their concerns,
including better working conditions and higher salaries.
There were no reports of antiunion discrimination during the year.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, including by children; however, there were
reports that such practices occurred. Forced child labor is found in
the country's agricultural (particularly cotton), informal trade,
domestic servitude, and animal husbandry sectors as well as in gold
panning sites and stone quarries.
Also see the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip.
d. Prohibition of Child Labor and Minimum Age for Employment.--The
law sets the minimum age for employment at 16 and prohibits children
under 18 years of age from working at night except in times of
emergency; however, child labor was a problem, and children worked in
the informal, agricultural (particularly cotton), and mining sectors
outside their own families for little or no pay.
The minimum age for employment was consistent with the age for
completing educational requirements, which generally was 16 years. In
the domestic and agricultural sectors, the law permits children under
the age of 15 to perform limited activities for up to four and one-half
hours per day; however, many children under the age of 15 worked longer
hours. A 2006 study conducted by the country's National Institute of
Demography and Statistics and the International Labor Organization-
funded Program for the Elimination of Child Labor estimated that 41
percent of children worked, largely as domestic servants or under harsh
conditions in the agricultural or mining sectors. Children commonly
worked with their parents in rural areas or in family-owned small
businesses in villages and cities. There were no reports of children
under age 15 employed in either state-owned or large private companies.
The Ministry of Labor and Social Security, which oversees labor
standards, lacked the financial and transportation means as well as a
sufficient number of inspectors to enforce worker safety and minimum
age legislation adequately.
Punishment for violating child labor laws included prison terms of
up to five years and fines of up to 600,000 CFA francs ($1,213);
however, the Government did not adequately enforce this law, and there
were no confirmed statistics regarding the number of convictions during
the year.
The Government organized workshops during the year, and in
cooperation with donors, undertook sensitization programs to inform
children, parents, and employers of the dangers of exploitative child
labor and sending children away from home to work.
e. Acceptable Conditions of Work.--The law mandates a minimum
monthly wage of 30,684 CFA francs ($62) in the formal sector; the
minimum wage does not apply to subsistence agriculture or other
informal occupations. The minimum wage did not provide a decent
standard of living for a worker and family. Employers often paid less
than the minimum wage. Wage earners usually supplemented their income
through reliance on the extended family, subsistence agriculture, or
trading in the informal sector. The Ministry of Labor and Social
Security was responsible for enforcing the minimum wage.
The law mandates a standard workweek of 40 hours for nondomestic
workers and a 60-hour workweek for household workers, and it provides
for overtime pay. There are also regulations pertaining to rest
periods, limits on hours worked, and prohibition of excessive
compulsory overtime, but these standards were not effectively enforced.
Government inspectors under the Ministry of Labor and Social
Security and the labor tribunals are responsible for overseeing
occupational health and safety standards in the small industrial and
commercial sectors, but these standards do not apply in subsistence
agriculture and other informal sectors. The Government's Labor
Inspector Corps did not have sufficient resources, including sufficient
numbers of inspectors and offices and financial and transportation
means, to fulfill its duties adequately. There were no reports of
effective enforcement of inspection findings during the year. Every
company with 10 or more employees is required to have a work safety
committee. If the Government's Labor Inspection Office declares a
workplace unsafe for any reason, workers have the right to remove
themselves without jeopardizing continued employment. There were
indications that this right was respected, although such declarations
by the Labor Inspection Office were rare.
__________
BURUNDI
Burundi is a constitutional republic with an elected government and
a population of 8.6 million. From May to September, the country held
elections for all public offices, including the first direct
presidential elections since 1993. Following the May 25 Communal
Council elections, which the international community characterized as
generally free and fair, a coalition of 12 opposition parties alleged
massive fraud and called for the annulment of the results and new
elections. When the parties' demands were not met, they withdrew their
candidates from the subsequent presidential, legislative, and
``colline'' elections. President Pierre Nkurunziza, of the ruling
National Council for the Defense of Democracy-Forces for the Defense of
Democracy (CNDD-FDD) party, ran unopposed in the June presidential
election and was reelected to a second term. International observers
characterized the elections as generally free and fair, although there
were reports of political violence leading up to and throughout the
five-month election season. Security forces reported to civilian
authorities. There were instances in which elements of the security
forces acted independently of civilian control.
Human rights abuses during the year included security force
killings, torture, and mistreatment of civilians and detainees;
official impunity; societal killings and vigilante justice; harsh,
life-threatening prison and detention center conditions; prolonged
pretrial detention and arbitrary arrest and detention; detention and
imprisonment of political prisoners and political detainees; lack of
judicial independence and efficiency; official corruption; restrictions
on privacy and freedom of speech, assembly, and association; sexual
violence and discrimination against women and children; discrimination
against gays and lesbians and persons with albinism; and restrictions
on labor rights.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--Human rights
organizations and the media reported numerous cases in which the
Government or its agents committed arbitrary or unlawful killings,
including extrajudicial killings, some of which appeared to be
politically motivated. The UN Office of the High Commissioner for Human
Rights (OHCHR) in the country reported 35 killings by security forces
during the year, including 25 perpetrated by police, nine by the
military (FDN), and one by the national intelligence agency (SNR). Of
these, the OHCHR reported 11 cases of extrajudicial killings.
Police officer Jackson Ndikuriyo was killed on August 26 while in
the custody of Bubanza Province Police Commissioner Remegie Nzeyimana
and four police officers. In December 2009 Ndikuriyo and seven police
colleagues complained in a letter to Minister of Public Security Alain
Guillaume Bunyoni that police were not receiving their housing
allowances. On January 11, Ndikuriyo and Severin Misago, another of the
complainants, were fired without explanation. When Ndikuriyo and Misago
indicated that they planned to file a lawsuit, Ndikuriyo began
receiving threats, including from Deputy Director General of Police
Gervais Ndirakobuca. On August 26, police detained Ndikuriyo and Misago
in Musigati Commune, Bubanza Province. Later that day Police
Commissioner Nzeyimana picked up Ndikuriyo from Musigati police
custody. En route between Musigati and Bubanza city, Ndikuriyo was
killed. The police claimed that Ndikuriyo was shot by bandits during an
ambush. The police acknowledged, however, that no bullets hit the
vehicle or any of the police officers during the alleged attack. No
arrests occurred by year's end. On September 27, Ndikuriyo's lawyer,
Francois Nyamoya, was jailed (see section 2.a.).
On September 7, while executing a search warrant for presumed
bandits in Buganda Commune, Cibitoke Province, police arrested and
summarily executed Japhet Bigirimana (alias Kadura), Boniface Mahungu,
Nsabiyaremye (alias Zairois), and Niyonkuru. Members of the police,
including local Police Chief Eugene Bizindavyi, took the four men in a
pick-up truck ostensibly to find their arms caches and accomplices.
Instead, at approximately 5:30 p.m. the four men were taken to a manioc
field and killed. By year's end no suspects had been arrested.
Also on September 7, soldiers shot and killed Fabien Mpfubusa, a
member of the National Liberation Forces (FNL) party. Mpfubusa
attempted to flee when the military encircled his home in the Kanyosha
quarter, Bujumbura. Following the shooting the soldiers searched the
house without providing a search warrant. They seized only medication.
No investigation occurred by year's end.
Although not numbered among the extrajudicial killings, the
following murders appeared politically motivated:
On January 10, a man armed with a Kalashnikov assault rifle shot
and killed Sylvestre Niyonzima, a critic of the ruling CNDD-FDD party
and the Bubanza Province financial manager for the Union for Peace and
Development (UPD-Zigamibanga). Niyonzima, who had defected from the
CNDD-FDD party and had just returned from opening a new UPD office, was
shot eight times at close range. The killer departed without attempting
to steal anything. Witnesses alleged that the killer was an ex-
combatant from the CNDD-FDD's former armed wing. The killing occurred
within five yards of a police station, but police did not respond to
the shooting, and no arrests occurred by year's end.
On July 14, the first court hearing took place in the April 2009
political killing of Ernest Manirumva, vice president of the local
nongovernmental organization (NGO) Observatory for the Struggle against
Economic Corruption and Embezzlement (OLUCOME). During the preliminary
hearing, the 11 men arrested in 2009 requested release on their own
recognizance; the judges subsequently declared themselves unable to
rule on the request because five other suspects, who remained at large,
had not been properly summoned to appear before the court. At year's
end the 11 remained in jail, and the five remained at large. Local and
international human rights organizations and the international
community called on General Prosecutor of the Republic Elysee Ndaye to
expand the case to include all suspects and to pursue all possible
leads, including high-level officials in the security forces who
allegedly arranged and carried out Manirumva's killing.
Beyond the political killings, security forces were responsible for
other arbitrary killings during the year.
On June 10, a policeman killed six persons in the Kirundo Province
police camp. The following week the High Court sentenced him to life
imprisonment. He remained in prison at year's end.
During the year there were developments in the following 2009
killings by security forces:
On August 10, five policemen, including local police commander
Nestor Niyukuri, were sentenced to life imprisonment for the
May 2009 shooting of boy scouts in Kayagoro, Makamba Province,
which resulted in the death of one scout and the injuring of
three. The policemen remained in prison at year's end. The
court acquitted the Kayagoro communal administrator on the
grounds that he did not have the authority to order police to
shoot. The prosecutor appealed the administrator's acquittal;
the appeal was pending at year's end.
The three policemen accused of beating to death a man in Kayanza
Province in October 2009 were acquitted on August 9. According
to witnesses and police, Kayanza Governor Senel Nduwimana
ordered the beating because the victim would not give him land
for free. Nduwimana remained the governor of Kayanza after the
killing and in July assumed a seat in the National Assembly.
During the year a soldier was found guilty and sentenced to life
imprisonment for the 2008 killing of two persons with a grenade
in Ruyigi Province.
There were no developments in the 2008 killing of a civilian by a
policeman in a bar in Ngozi Province; the policeman remained in prison,
awaiting trial.
There were no further developments in the 2008 killing by FNL
rebels of the head of a family in Muhuta, Bujumbura Rural Province.
Large quantities of arms circulated among the population, and
general lawlessness prevailed in many areas, resulting in numerous
deaths and injuries.
Election-related violence resulted in numerous deaths (see section
3).
Numerous persons involved in personal disputes died as a result of
grenade attacks. For example, on January 3, in Itaba, Gitega Province,
a grenade attack resulted in the death of Come Matama and his one-year-
old child; Matama's wife was seriously injured. According to the Itaba
communal administrator, the killing resulted from a land dispute with
the victim's brother. Three persons were detained by local police but
later released for lack of evidence. No further arrests occurred.
There were no developments in the following 2009 grenade attacks:
the February grenade attack, reportedly due to a land dispute, that
killed a man in Itaba, Gitega Province; and the September death of one
person and serious injury of six others when a grenade was thrown into
a cafe in Gihanga, Bubanza Province. No arrests were made in either
case.
The two suspects arrested for the December 2009 grenade attack in
Bujumbura's central market, which killed two and seriously wounded 10,
were released after they provided alibis. No other suspects were
arrested.
There were reports of killings usually perpetrated by unknown
persons, of individuals accused of sorcery. For example:
On May 3, a mob killed a man in Ruyigi Province; three suspects
were arrested but later released for lack of evidence.
On June 6, a mob with machetes killed a man in Cibitoke Province.
By year's end no suspects had been arrested.
On July 26, in Nyanza-Lac, Makamba Province, a mob beat to death
Appollinaire Ngendabanka. By year's end no suspects had been
arrested.
There were no arrests in the following 2009 killings of individuals
accused of sorcery: the March killing of a woman from Gisuru and a man
from Butaganzwa, Ruyigi Province; the May killing of three elderly
women in Gishingano, Bujumbura Rural Province; and the May death of a
man burned by a mob in Rumonge, Bururi Province.
There were no further developments in the 2008 sorcery-related
death by mutilation of a 14-year-old girl in Muyinga Province.
There was no further development in the 2008 burning and killing of
four persons in Ruyigi Province; those arrested were still awaiting
trial at year's end.
Sporadic killings of persons with albinism, in which the victims'
body parts were removed for use in witchcraft, continued.
On May 2, in Cendajuru, Cankuzo Province, approximately 10 persons
armed with guns, grenades, and machetes attacked the household of a
Mr.Vyegura, who lived with his daughter and grandson, both of whom were
persons with albinism. The attackers went directly to the daughter and
grandson's room, shooting Vyegura when he tried to protect his family.
The attackers then killed the daughter and grandson, dismembered their
bodies, and took the body parts. On May 3, nine suspects--eight
Burundians and one Tanzanian--were arrested in connection with the
killings. Following their trial two of the nine received life
sentences; the others received sentences of 12, 10, and three years'
imprisonment. All nine appealed. They remained in prison at year's end.
On September 30, five attackers raided the home of a widow in
Nyamurenza, Ngozi Province, killed her eight-year-old son, and severed
his hands and legs. At year's end one Burundian suspect was detained in
the Ngozi prison and the investigation continued. Four Rwandan
nationals remained at large; the country's authorities were working
with their Rwandan counterparts on the case.
During the night of December 30, four unidentified assailants armed
with rifles and machetes attacked a family with three children with
albinism in Gahweza colline in Kiganda, Muramvya Province. According to
the local official, the bandits cut off the left arm of the family's
12-year-old son, Ephraim Havyarimana, before they were forced to flee
by the family's screams. Ephraim died before he could reach a hospital.
No arrests were made by the end of the year.
During the night of December 31, a five-month-old girl with
albinism was kidnapped from her family in Vumwe colline in Kinyinya,
Ruyigi Province. Police arrested the girl's father and two other
individuals; they remained in detention at year's end. According to the
authorities, the father had never accepted his paternity of the girl
with albinism.
Widespread public dissatisfaction with the security force's
inability to control crime, or complicity in it, resulted in vigilante
killings.
For example, on April 30, when three thieves armed with rifles
attempted to rob a house in Mwiruzi, Cankuzo Province, the local
population intervened. They pursued the thieves, caught one, and beat
him to death. No one was arrested for the killing.
No arrests were made in the following 2009 cases of mob killings:
the September stoning to death of two police officers suspected of
theft by a mob in Muhindo, Ruyigi Province; and the September killing
by a mob of a man caught stealing in the Cibitoke neighborhood of
Bujumbura.
b. Disappearance.--There were no confirmed reports of politically
motivated disappearances.
As of the end of the year, more than eight families requested that
the domestic NGO Association for the Protection of Human Rights and
Detained Persons (APRODH) help them locate relatives arrested by
security forces during the year.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution and law prohibit such practices; however,
UN human rights monitors, Amnesty International, and the APRODH
reported that members of the police and the SNR tortured detainees
during the year, the first reported cases of torture in two years. The
UN Integrated Office in Burundi (BINUB) Human Rights and Justice
Division (HR&J) reported that members of the police, SNR, and local
administrations tortured 30 detainees during the year. Although the
perpetrators were known in many cases, no action was taken against them
by year's end.
According to BINUB HR&J, police tortured 14 detainees, the SNR 13,
and local administration officials two; police and local officials
together tortured one individual. All 30 cases occurred between June
and November. Methods included forcing a gun into victims' ears and
noses; whipping, beating their heads, feet, and buttocks; digging mock
graves; and threatening the victims with machetes. While this occurred,
the perpetrators demanded that victims confess to planning to
``destabilize institutions'' or ``threaten state security.'' The OHCHR
and international human rights organizations named the following
individuals as perpetrators in some cases: SNR Internal Intelligence
Director General Leonard Ngendakumana, Chief of Internal Security Jean
Claude Sindayigaya, SNR Cabinet Chief Agricole Mwumba Ntirampeba,
Western Region Police Commissioner David Nikiza, and Deputy Director
General of the Police Gervais Ndirakobuca.
A police commissioner accused of torturing a detainee in the
Bubanza provincial jail in 2008 remained in his position without any
administrative sanctions.
In May the Muramvya Province High Court sentenced three policemen
for the 2007 torture of more than 20 detainees in Rutegama. Desire
Uwamahoro, Apollinaire Sindikubwayo, and Nestor Niyukuri received
sentences of five, four, and three years of imprisonment, respectively,
and fines of 10, six, and three million francs ($8,045, $4,827, and
$2,413), respectively. Despite the sentences Uwamahoro and Sindikubwayo
remained free and in the police force at year's end. Uwamahoro
commanded the Second Quick Reaction Police Unit, an elite unit in
Bujumbura that responds to urgent situations nationwide. Niyukuri was
in prison, serving a life sentence for the May 2009 boy scout shooting
(see section 1.a.). All three appealed their convictions in the
Rutegama torture case.
BINUB HR&J and domestic NGOs also reported that members of the
security forces and local administration officials often manhandled and
beat civilians and detainees. The HR&J Division documented 105 cases of
mistreatment during the year.
During the May to September election season, incidents of
mistreatment increased particularly of detainees affiliated with
political parties. The OHCHR reported 32 cases of such treatment
between May and July, committed primarily by the SNR and police as well
as one case perpetrated by FDN members. As of December there had been
no arrests of perpetrators.
No disciplinary action occurred in the following 2009 incidents:
the January beating of an 80-year-old woman by the local police
commander in Kamenge, Bujumbura; and the June beating of a female
police officer by a male police officer in Kibenga, Bujumbura.
The two policemen arrested in connection with knocking a pregnant
woman off a bicycle taxi in Bujumbura in August 2009 were released and
returned to duty.
During the year it was reported that in September 2009 the Bururi
High Court sentenced a policeman to 20 years' imprisonment for firing
live ammunition into an unruly crowd in Bururi Province in 2007. He
remained in prison at year's end.
There were reports that security force members raped women and
girls during the year. For example, according to the APRODH's
statistics for June and September, police committed six cases of rape
in June and four cases in September, and military personnel committed
one case of rape in September.
There were no further developments in the August 2009 rapes of two
15-year-old girls in Mutimbuzi, Muramvya Province by two armed men in
military uniforms.
There were no further developments in the following rape cases
involving security forces from 2008: the 36 victims recorded by the UN;
a 16-year-old girl at a cantonment camp in Randa; a nine-year-old girl
at a camp for displaced persons in Buhiga; and a woman in Busoni.
Widespread public dissatisfaction with the security force's
inability to control crime, or complicity in it, resulted in vigilante
violence.
For example, 41-year-old Albert Muyeberi was caught in the act of
raping an eigthth-grade girl in Songa, Bururi Province in January. When
local residents confronted Muyeberi, he admitted she was his fifth
victim. Local elders prevented residents from lynching the man and
burning him alive. After spending time in the hospital, Muyeberi was
sent to pretrial detention in the Bururi prison. He remained in
detention and awaiting trial at year's end.
On February 18, residents of Kikuza, in Rumonge Commune, Bururi
Province, severely beat a man suspected of raping a young local girl.
According to media reports, when a local APRODH representative
condemned the act, local residents responded that incidents of rape
were increasing and that the perpetrators were never punished.
Prison and Detention Center Conditions.--Prisons were overcrowded,
and prison conditions remained harsh and sometimes life threatening.
Physical abuse and prolonged stays in solitary confinement were
problems. The director of prison administration in the Office of
Penitentiary Affairs reported that as of December, 9,844 persons were
held in 11 prisons built to accommodate a total of 4,050 inmates.
According to government officials and human rights observers, prisoners
suffered from digestive illnesses and malaria; some died as a result of
disease. Families often had to supplement meager prisoner rations.
Each prison had at least one qualified nurse and at least a weekly
visit by a doctor; however, prisoners did not always receive prompt
access to medical care. Serious cases were sent to local hospitals. The
International Committee of the Red Cross (ICRC) was the sole provider
of medicines.
Conditions in detention centers and communal lockups were generally
worse than in prisons. Torture and abuse occurred, the Government did
not feed detainees in detention centers or communal lockups, and severe
overcrowding was common. Proper sanitation and medical care were
limited or nonexistent.
As of December there were 345 women in prisons and 77 children
under three-years-old, some of whom were born there. There were 257
juveniles between 16 and 18 years old in pretrial detention and 115
convicted juveniles. Most women detainees and prisoners were held in
the same facilities as men; however, as of September a separate area
for female inmates had been established in each prison. A small prison
in Ngozi Province was reserved for women only. Juvenile prisoners were
held in the same prisons as adults. Ten of the 11 prisons were
rehabilitated during the year to accommodate juvenile prisoners in
separate areas; however, adult prisoners were often allowed in those
areas as well due to overcrowding. Juveniles were generally held
together with adults in detention centers and communal lockups.
Pretrial detainees were often held together with convicted prisoners,
and political prisoners were often held with convicted criminals.
There were unconfirmed allegations that the SNR maintained illegal
detention centers across the country.
Prisoners were permitted religious observance without
discrimination toward any religions or practices. Prisoners were
permitted to submit complaints to judicial authorities without
censorship; however, authorities rarely investigated prisoner
complaints. No ombudsmen served on behalf of prisoners and detainees.
The Government monitored prison and detention center conditions.
During the year the Government permitted all visits requested by
international and local human rights monitors, including the ICRC;
visits took place in accordance with the ICRC's standard modalities.
In an effort to reduce prolonged pretrial detentions, on January
25, the then minister of justice Ndikumana granted release on their own
recognizance (``provisional liberty'') to certain categories of
pretrial detainees: those who had spent 12 months or more in
``preventive detention'' for crimes with penalties no greater than five
years in prison, pregnant or breastfeeding women, minors (less than 18
years old), those diagnosed with advanced incurable diseases, and those
whose cases were before the court but had not been heard for three or
more years. Persons detained for crimes such as murder, armed robbery,
attacking state security, and similar crimes were ineligible for
provisional liberty.
In an effort to reduce overcrowding in prisons, a March 24
presidential decree commuted life sentences to 20 years and all others
to half the sentence given by the court with some exceptions (see below
section 1.d., Amnesty).
To improve prison conditions, Penitentiary Affairs requested a
budget increase from 3.068 billion francs ($2.47 million) to 3.884
billion francs ($3.12 million). In December parliament approved
3,436,734,950 francs ($2.76 million) for Penitentiary Affairs.
d. Arbitrary Arrest or Detention.--The constitution and law
prohibit arbitrary arrest and detention, but security forces arrested
and detained persons arbitrarily.
Role of the Police and Security Apparatus.--The national police are
responsible for internal security, but the FDN may assume such
responsibilities in time of war. The police deal with criminal matters,
and the FDN fulfills external security and counterinsurgency roles. In
practice the FDN also detains suspects. The Ministry of National
Defense and War Veterans oversees the FDN; the Ministry of Public
Security oversees the national police. The SNR, which gathers
intelligence on domestic and international issues and has the authority
to arrest and interrogate suspects, reports directly to the president.
Members of the security forces were poorly trained. Corruption,
disregard for limits on detention, and mistreatment of prisoners and
detainees remained problems. An internal affairs unit within the police
force investigated only administrative violations committed by police
and had no authority to discipline violators; punishment was rare.
BINUB and NGOs provided human rights training to police. Impunity and
lack of accountability for members of the security forces who committed
human rights abuses remained problems.
Arrest Procedures and Treatment While in Detention.--In most cases
the law requires arrest warrants issued by presiding magistrates.
Police can make arrests without a warrant but are required to notify
their supervisor before doing so. The police have seven days to finish
their investigation and to transfer the suspect to the magistrate. The
police can request seven more days if additional investigation time is
required. However, police rarely respected these provisions in practice
and routinely violated the requirement that detainees be charged and
appear before a magistrate within seven days of arrest. A magistrate
can order the release of suspects or confirm the charges and continue
detention, initially for 14 days, then for seven more days as necessary
to prepare the case for trial. Magistrates ignored this requirement and
often detained suspects for longer. Police are authorized to release
suspects on bail, but this provision was rarely exercised. Suspects are
permitted lawyers at their own expense in criminal cases, but the law
does not require, and the Government did not provide, attorneys for
indigents at government expense. The law prohibits incommunicado
detention, but reportedly it sometimes occurred. Authorities on
occasion denied family members prompt access to prisoners.
Unlike in the previous year, security forces arbitrarily detained
journalists (see section 2.a.) and political party members (see section
3), sometimes for prolonged periods of time.
Juvenal Rududura, the vice president of the Justice Ministry's
administrative workers union, who was detained from September 2008 to
July 2009, remained on ``provisional liberty'' (see section 7.b.).
Prolonged pretrial detention remained a problem; detainees were
often held beyond the statutory limit. According to the director of
Prison Administration, 56.4 percent of inmates were pretrial detainees
held without charge. Lengthy legal procedures, large case backlogs,
judicial inefficiency, corruption, and financial constraints often
caused trial delays.
For example, the former director general of the state-owned tea
company, Elysee Ntiranyibagira, was jailed in 2006 for embezzling
public funds and fraudulent management. In 2007 the general prosecutor
of the republic requested the Supreme Court schedule Ntiranyibagira's
hearing. In December 2008 the case was heard and the judges entered
into deliberation. Deliberation, which should last no more than 60 days
according to the law, continued for 21 months until he was acquitted in
October.
The law provides that detainees in the country's 400 communal
lockups be held no longer than two weeks; however, many such detainees
were held for months, particularly in provinces without prisons, such
as Cankuzo, Cibitoke, Karuzi, Kayanza, Kirundo, Makamba, and Mwaro.
Amnesty.--On March 24, President Nkurunziza granted amnesty to
prisoners sentenced for less than or equal to five years who also met
one of the following conditions: pregnant or breastfeeding, diagnosed
with an advanced stage incurable disease, 60 years or older at the date
of the amnesty decree, or a minor (under 18 years old). The
presidential decree excluded persons convicted for crimes such as rape,
assassination, armed robbery, misappropriation of public funds,
attacking state security, drug trafficking, and arson. It also excluded
convictions for genocide, crimes against humanity, war crimes,
voluntary homicide, sexual assault, and torture. By the end of July
1,350 prisoners were released due to the amnesty.
e. Denial of Fair Public Trial.--Although the constitution and law
provide for an independent judiciary, the judiciary was not independent
in practice and was inefficient and corrupt. Political interference
compromised judicial impartiality, and there were problems with
enforcement of court orders.
For example, in July a court in Kinama, Bujumbura, ruled that eight
members of the UPD and FNL opposition parties detained during election
disputes on June 28 and 29 should be released. However, the prosecutor
and the Mpimba Prison director refused to follow the court's ruling,
and the eight remained in jail until December, when they were released
among a group of 20 political prisoners. The charges against them were
dropped.
The law provides for an independent military judicial system, which
in practice was influenced by the executive and higher-ranking military
officers. Military courts have jurisdiction over military offenders and
over civilians accused of offenses implicating members of the military.
Military courts provide the same rights as criminal courts.
The Government officially recognizes the traditional system of
community arbitration known as ``abashingantahe,'' which functions
under the guidance of community members recognized for their conflict
resolution skills. A ``mushingantahe,'' or community mediator, presides
over deliberations, and no lawyers are involved. The abashingantahe
system was limited to civil and minor criminal matters.
Trial Procedures.--All trials are publicly conducted by panels of
judges. In theory defendants are presumed innocent and have a right to
counsel, but not at the Government's expense, even in cases involving
serious criminal charges. Defendants have a right to defend themselves,
including to question the prosecution's witnesses, call their own
witnesses, and examine evidence against them. Defendants can also
present evidence on their own behalf and did so in the majority of
cases. Few defendants had legal representation because few could afford
the services of one of the 131 registered lawyers in the country. Some
local and international NGOs provided juridical assistance but could
not assist in all cases. The law extends the above rights to all
citizens.
All defendants, except those in military courts, have the right to
appeal their cases to the Supreme Court. In practice the inefficiency
of the court system extended the appeals process for long periods, in
many cases for more than a year. This effectively limited the
possibility of appeals, even by defendants accused of the most serious
crimes.
Procedures for civilian and military courts are similar, but
military courts typically reached decisions more quickly. Military
trials, like civilian trials, generally failed to meet internationally
accepted standards of fairness. The Government does not provide
military defendants with attorneys to assist in their defense, although
NGOs provided some defendants with attorneys in cases involving serious
charges. Military trials generally are open to the public but can be
closed for compelling reasons, including for national security or when
publicity can harm the victim or a third party, such as in cases
involving rape or child abuse. Defendants in military courts are
allowed only one appeal.
Political Prisoners and Detainees.--The incarceration of political
prisoners and detainees remained a problem. According to human rights
observers, the number of political prisoners and detainees increased
compared with the previous year, but specific numbers varied. BINUB
HR&J reported 375 politically motivated arrests during the year, of
which 202 individuals remained in detention at year's end. On December
30, the spokesperson of the political opposition coalition Alliance des
Democrates pour le Changement-Ikibiri (ADC-Ikibiri) welcomed the
release near the end of the year of 20 opposition party members but
deplored the continued detention of an estimated 200 others. As of
December 31, the APRODH reported 156 political prisoners and detainees.
The Government generally afforded international organizations and
local human rights NGOs access to political prisoners.
Civil Judicial Procedures and Remedies.--The judiciary was neither
independent nor impartial. Media reports alleged that the judiciary
included many individuals beholden to the Government. The execution of
court decisions, including payment of damages, was slow, sometimes
taking years.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The constitution and law provide for the right to
privacy, but the Government did not always respect this right in
practice. Authorities did not always respect the law requiring search
warrants.
Warrants for searches of opposition figures' homes and opposition
parties' offices appeared politically motivated (see section 3). Human
rights observers were concerned that the Bujumbura prosecutor general
issued politically motivated warrants during the year.
Sources in the media and civil society believed that security
forces monitored telephone calls.
CNDD-FDD party membership was needed in some cases to obtain or
retain employment, housing, education, and access to health services
(see sections 2.b. and 3).
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The constitution and law provide
for freedom of speech and of the press; however, the Government
generally did not respect these rights in practice.
The Government did not tolerate public criticism in the media or at
public gatherings, particularly perceived insults to the president,
security forces, and other high-level public officials. Individuals who
criticized the Government publicly or privately sometimes faced
reprisal.
In a radio talk show on September 19, attorney and Movement for
Solidarity and Democracy (MSD) party spokesperson Francois Nyamoya
claimed that SNR Chief Adolphe Nshimirimana and the deputy director of
police should be removed from office for poor performance and not
serving national interests. Nshimirimana filed a lawsuit for
defamation, and on September 23 Nyamoya was served with a warrant to
appear in the prosecutor's office. On September 27, the prosecutor
questioned Nyamoya and then sent him directly to Mpimba Central Prison;
he was released on his own recognizance on October 14 and was awaiting
trial at year's end. The Burundi Bar Association questioned the use of
preventive detention in this case since defamation is a misdemeanor
that does not warrant pretrial detention.
The media consisted of print, broadcast, and Internet-based
organizations. The Government controlled several of the major media
outlets, including Le Renouveau, the only daily newspaper, and the
National Radio and Television of Burundi. There were seven private
weekly publications and 23 private Internet- and fax-based newsletters.
Radio remained the most important medium of public information. The
Government-owned radio station broadcast in Kirundi, French, and
Kiswahili and offered limited English programming. There were 13
privately owned radio stations. There were two private television
stations, including a station with primarily Muslim programming and
strong ties to the ruling CNDD-FDD party.
Journalists were arrested during the year, and prominent members of
the media reported being threatened and harassed by the SNR, police,
and members of the ruling party. Journalists practiced self-censorship.
The Government pressured media outlets for perceived association with
opposition parties.
On November 5, two journalists of the investigative newspaper
Iwacu, Elyse Ngabire and Dieudonne Hakizimana, were detained after
visiting a prominent FNL party member in Mpimba Central Prison and
allegedly accepting unauthorized items. Prisoners are prohibited from
giving visitors documents, letters, or other items that are not
authorized by prison administrators. The two journalists were
reportedly interrogated for several hours without access to an attorney
and then detained without formal charges by Bujumbura's municipal
police chief until November 7. Ngabire, a breastfeeding mother, was not
permitted access to her baby during her detention. The journalists were
required to return on November 9 for further questioning by the police
chief and released after two hours of interrogation.
On April 10, violence erupted between FNL and CNDD-FDD youth in
Kinama, Bujumbura, after the FNL opened several local offices. CNDD-FDD
supporters attacked Radio and Television Renaissance journalists
covering the violence and the arrest of the FNL party members. The
CNDD-FDD supporters chased the journalists, throwing stones and
damaging the windshield of their vehicle. The media and NGOs expressed
concern that police on the scene did not act quickly to protect the
journalists from political violence perpetrated by ruling party's
supporters.
On April 27, local police officers and CNDD-FDD supporters in
Nyanza-Lac, Makamba Province, allegedly threatened Bonesha FM
correspondent Eric Nzigamasabo for reporting that the CNDD-FDD was
distributing arms to residents of Nyanza-Lac. Nzigamasabo, who remained
in hiding for several weeks for fear of arrest, returned to work for
the radio at the end of May.
The Government restricted media content during the year by
preventing the broadcast of political debates. On March 18, Minister of
the Interior Edouard Nduwimana sent a letter to the National
Communications Council (CNC) president stating that the media synergy
of independent and government news outlets formed for the elections
could not broadcast political debates because it would allow parties to
advertise their platforms outside campaign periods. Nduwimana's letter
added that each synergy member would be fined from 40,000 to 200,000
francs ($32 to $161) if the broadcasts were aired on their stations. In
a meeting on April 12, the CNC and political party leaders told the
minister that prohibiting the broadcasts inhibited the freedom of
expression; however, the minister reaffirmed the Government's position,
and the debates were cancelled.
The law criminalizes certain media activities, such as defining
criticism of political figures as defamation, and provides fines and
criminal penalties of six months' to five years' imprisonment for
insults directed at the president, as well as writings that are deemed
defamatory, injurious, or offensive to public or private individuals.
The crime of treason, which includes knowingly demoralizing the
military or the nation in a manner that endangers national defense
during a time of war, carries a criminal penalty of life imprisonment.
During the year the Government arrested journalists for defamation
of public figures and treason. On August 10, police arrested Thierry
Ndayishimiye, chief editor of the private weekly Arc-en-Ciel newspaper,
on defamation charges related to an article on July 30 alleging
embezzlement and the use of substandard materials at the state energy
authority. The state prosecutor summoned Ndayishimiye to court in
Bujumbura and then sent him to Mpimba Central Prison. Ndayishimiye was
released after two days of detention when the charges were dropped.
The Government cited national or public security as grounds to
arrest journalists who expressed views that were politically
embarrassing. For example, on July 17, journalist Jean Claude Kavumbagu
was arrested for treason and abuse of freedom of expression by the
press after he published an article in his online newsletter Net Press
that claimed security forces would be unable to prevent an attack by al
Shabaab. On September 6, a panel of judges denied Kavumbagu's request
for release on his own recognizance, claiming that detention assured
Kavumbagu would remain available to the court; in Kavumbagu's previous
court cases, however, he was not detained and appeared in court when
required. Kavumbagu was previously jailed in 2008 on charges of
insulting the president; he was cleared of those charges in March 2009.
Kavumbagu remained in pretrial detention at year's end.
During the year the CNC dropped the 2009 defamation case against
editing director of African Public Radio (RPA) Eric Manirakiza for
defamation of the minister of planning and the case against RPA for
allegedly endangering national security with a report on a border
conflict with Rwanda. Manirakiza also agreed to drop countersuits
against the CNC.
Internet Freedom.--There were no reports of government restrictions
on access to the Internet or reports that the Government monitored e-
mail or Internet chat rooms. Individuals and groups could engage in the
peaceful expression of views via the Internet, including by email. Jean
Claude Kavumbagu was the only case during the year of government
prosecution based on information distributed via the Internet or by
email (see section 2.a., Freedom of Speech and Press). According to
International Telecommunication Union statistics for 2009, less than 1
percent of the country's inhabitants used the Internet. Lack of
infrastructure limited public access to the Internet.
Academic Freedom and Cultural Events.--There were no governmental
restrictions on academic freedom or cultural events.
b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The constitution and law provide for freedom of assembly;
however, the Government at times restricted this right. The Government
requires political parties to notify local authorities before
assembling. Failure to provide advance notice of political meetings to
local officials can result in a fine but does not provide grounds for
arrest. However, security forces arrested opposition members for
holding meetings, and provincial governors and communal administrators
disallowed and disrupted numerous meetings of opposition political
parties.
Local NGOs reported that the police, SNR, Ministry of the Interior,
and ruling party's youth league (the Imbonerakure) prevented and
disrupted opposition party meetings. The OHCHR and international and
local human rights organizations repeatedly expressed concern that the
Government suppressed opposition parties and civil society during the
election period, including by restricting their right to public
assembly and peaceful demonstration.
On January 31, four MSD party members were arrested in the Mugoboka
neighborhood of Bujumbura for holding ``an illegal meeting.'' The MSD
supporters were held in the Rohero commune jail overnight.
On May 26, Mayor of Bujumbura Evrard Giswaswa refused to permit a
march organized by the Association for the Defense of Women's Rights
(ADDF) to commemorate the death of Revocate Manishantse, a recent
victim of domestic violence; the mayor claimed the demonstration would
be inappropriate during the election period.
On June 6, the Ngozi provincial governor prevented 12 opposition
parties from meeting in Gashikanwa to explain their motives for
withdrawing from the presidential election. Government authorities
argued that the new coalition ADC-Ikibiri was not registered with the
Government and could not hold meetings. The member parties of the
coalition were registered, and coalitions are not required to register.
Two days later the interior minister claimed that only the CNDD-FDD had
the right to hold meetings during the June 12 to 25 presidential
elections since the CNDD-FDD was the only party with a presidential
candidate. Local and international NGOs objected that it was
undemocratic for the minister of the interior to forbid opposition
parties from holding meetings.
Freedom of Association.--The constitution provides for freedom of
association; however, the Government sometimes restricted this right in
practice.
Private organizations were required to present their articles of
association to the Ministry of the Interior for approval. There were no
reports that the Government failed to complete the approval process for
private organizations whose purposes the Government opposed. During the
year, however, the Ministry of the Interior investigated the articles
of association of existing civil society associations and media outlets
in an apparent attempt to harass or threaten those organizations with a
perceived association with opposition parties or who advanced causes
unpopular with the Government.
There were reports that some government officials denied national
identity cards, employment, and access to social programs to members of
opposition parties. For example, there were reports of fraud or abuse
of power in the distribution of the identity cards that were required
for citizens to participate in the 2010 elections. Opposition parties
claimed that local administrators used their authority to deny the
identity cards to members of opposition parties, but the Government
denied there had been fraud or abuse of power in the distribution of
the cards.
c. Freedom of Religion.--For a description of religious freedom,
see the Department of State's 2010 International Religious Freedom
Report at www.state.gov/g/drl/irf.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution and law provide for
freedom of movement within the country, foreign travel, emigration, and
repatriation; however, the Government sometimes restricted these rights
in practice. Government checkpoints, the threat of violence by armed
criminals, and possible regional terrorist threats restricted citizens'
movements.
The Government cooperated with the Office of the UN High
Commissioner for Refugees (UNHCR) and other humanitarian organizations
in providing protection and assistance to internally displaced persons,
refugees, returning refugees, asylum seekers, stateless persons, and
other persons of concern.
The Government continued to restrict movement into and out of
Bujumbura and other cities at night. Restrictions heightened after al
Shabaab claimed responsibility for the July 11 bombings in Kampala,
Uganda, following Uganda's participation in the African Union Mission
to Somalia.
According to local and international NGOs and opposition parties,
the Government restricted the movement of prominent opposition party
leaders after the ADC-Ikibiri coalition decided to boycott the June
presidential elections. On June 27, Democratic Alliance for Renewal
(ADR) leader Alice Nzomukunda was stopped at Bujumbura International
Airport when boarding a flight to Nairobi; her travel documents and
ticket were confiscated. Border police also stopped UPD leader
Pascaline Kampayano and Charles Niyungeko, leader of the National
Council for the Defense of Democracy (CNDD), a separate political party
from CNDD-FDD, at land borders between the Democratic Republic of Congo
(DRC) and the country and confiscated their passports.
The law does not provide for forced exile, and the Government did
not practice it; however, many persons remained in self-imposed exile.
Opposition political leaders including Agathon Rwasa of the FNL,
Leonard Nyangoma of the CNDD, Pascaline Kampayano of the UPD, Alice
Nzomukunda of the ADR, and Alexis Sinduhije of the MSD fled the
country, alleging they felt threatened after their boycott of the
presidential elections. They remained in self-imposed exile at year's
end.
During the year the UNHCR facilitated the voluntary repatriation of
approximately 3,400 refugees who had previously fled to neighboring
countries. Among the returnees were 689 repatriated from Tanzania,
2,647 from the DRC, and 80 from Rwanda, South Africa, Lesotho, Zambia,
and Europe. This brought the total number of returned refugees to
509,061since 2002. The UNHCR and the Government Project for the
Reintegration of War-Affected Persons (PARESI) assisted in the
repatriation and reintegration of these returnees and internally
displaced persons (IDPs). PARESI did not register any expelled persons
during the year.
The UNHCR has returnee transfer centers in Muyinga, Ngozi,
Bujumbura City, and Ruyigi, as well as two in Makamba Province. The
UNHCR, the Government, and NGO partners provided repatriated
individuals and families a six-month food ration and nonfood items that
included domestic and hygiene goods, agricultural tools, and cash
grants. Returnees also received school assistance in the form of school
kits and language acquisition classes. In an attempt to increase
voluntary repatriation from the Mtabila Camp in Tanzania, the UNHCR
increased the cash grant from $40 to $150 for those who returned
voluntarily between September 15 and December 31.
The repatriates, who returned mostly to the southern and eastern
provinces, often found their land occupied. During the year there were
still reports of disputes over land holdings between returnees, local
residents, and the Government, particularly in Rutana and Bururi
provinces. The Department for Territory and Land Management, along with
the UNHCR, was responsible for the preparation of integrated village
sites for refugees, IDPs, and other vulnerable groups. Seven integrated
villages for more than 5,500 persons had been established in the
provinces of Ruyigi, Makamba, and Rutana since 2008. Poor living
conditions and a lack of food and shelter remained problems for some
returnees.
Internally Displaced Persons.--According to a 2009 Ministry of
National Solidarity, Human Rights and Gender (Ministry of Solidarity)
provisional report, there were approximately 157,000 IDPs in the
country. Despite improved security these IDPs remained in what appeared
to be increasingly permanent settlements throughout the country. Most
were Tutsi who fled their homes during internal conflict in 1993. Some
attempted to return to their places of origin, but the majority
relocated to urban centers. According to the UN Office for the
Coordination of Humanitarian Affairs, most were living at 160 sites,
the majority in Kayanza, Ngozi, Kirundo, Muyinga, and Gitega provinces.
During the year the Government took no action on behalf of the
approximately 600 IDP families who were violently beaten and forcibly
evicted from their land in 2008. The families attempted to integrate
themselves into other IDP camps and local communities with little
success.
The Government generally permitted IDPs to be included in the
UNHCR's and other humanitarian groups' activities benefiting returning
refugees, such as shelter and legal assistance programs.
Protection of Refugees.--The country's laws provide for the
granting of asylum or refugee status, and the Government has
established a system for providing protection to refugees. According to
the UNHCR, by year's end the Government had granted refugee status and
asylum to more than 40,000 persons. In practice the Government provided
some protection against the expulsion or return of refugees to
countries where their lives or freedom would be threatened on account
of their race, religion, nationality, membership in a particular social
group, or political opinion. The UNHCR reported that the Government
fulfilled its obligations to provide asylum and refugee protections and
cooperated with international organizations involved in refugee issues.
As of December 1, according to the UNHCR, there were approximately
40, 940 Congolese refugees and 800 Rwandan refugees in the country. The
majority of the Congolese were sheltered in three UNHCR-run refugee
camps: Bwagiriza in Ruyigi Province, Gasorwe in Muyinga Province, and
Musasa in Ngozi Province. Approximately 250 Rwandans were sheltered in
Butare camp in Rutana Province. The remaining 21,000 refugees and
asylum seekers, who are overwhelmingly Congolese, were integrated into
urban centers. During the year the UNHCR and the Government assisted in
the voluntary return of 653 refugees to their country of origin,
including 642 Congolese refugees. The National Office for the
Protection of Refugees and Stateless Persons in the Ministry of the
Interior formally took over all asylum-related tasks in March 2009; the
office moved to the Ministry of Public Security during the year.
While the UNHCR and the Government reported no attacks on refugees
or restriction of refugees' movement during the year, there was
evidence of gender-based violence in camps, including rape or
exploitation of refugee women and girls. The UNHCR reported that,
despite some Congolese refugees' fears about moving to Bwagiriza camp
in October 2009 due to security concerns related to the camp's
proximity to the Tanzania border, no security incidents occurred during
the year. Some school-age urban Congolese refugees reportedly changed
their names to avoid discrimination and harassment in local schools.
Unlike in the previous year, there were no reports that national
police organized raids to round up illegal immigrants from the DRC,
Rwanda, Tanzania, and Uganda.
During the year a number of cases of vandalism, assault, and
killings were associated with land conflicts, primarily in the
provinces of Ruyigi, Muyinga, and Bururi. The National Commission for
Land and Other Goods (CNTB) is responsible for resolving land and
property disputes, including those resulting from the repatriation of
more than 500,000 refugees since 2002, some of whom had been in
Tanzania since 1972. According to the UNHCR, 9,976 of the 19, 541 land
disputes registered between January 2007 and August were resolved by
year's end. However, some returnees were unable to reclaim their land
or to find alternative farmland to support their families due to lack
of cooperation from local judicial and administrative authorities. In
February the Government suspended the CNTB's mediation of a conflict
between residents with ties to the National Office of Palm Oil and
returnees in Rumonge Commune, Bururi Province, and changed the
commission's composition.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The law and constitution provide citizens the right to change their
government peacefully, and citizens exercised this right in practice
through elections based on universal suffrage.
Elections and Political Participation.--Between May and September
the Government held presidential, parliamentary, Communal Council, and
local elections. Presidential elections in June resulted in the
reelection of President Nkurunziza, the candidate of the ruling CNDD-
FDD party. While the elections were generally described as free and
fair by international observers and the election days themselves were
peaceful, political parties engaged in intimidation and violence
leading up to the elections. The ruling CNDD-FDD party and their
affiliates were particularly active. In the run-up to the elections,
there were widespread reports that the CNDD-FDD's Imbonerakure youth
wing committed abuses, such as threatening and assaulting opposition
party members, with impunity. A coalition of parties alleged massive
fraud in the May 24 Communal Council elections; all six of the
opposition parties that had registered for the June presidential
election withdrew their candidates. Only a few parties participated in
the July parliamentary elections, in which the president's CNDD-FDD
increased its majority, winning 81 of the 106 seats in the National
Assembly. The Union for National Progress (UPRONA) won 17 seats, the
Front for Democracy ``Genuine'' (FRODEBU Nyakuri) won five seats, and
the Twa ethnic group received three seats. In the Senate the CNDD-FDD
won 32 of the 41 seats and UPRONA two. The Twa ethnic group received
three seats; the four living former presidents of the country received
the remaining seats. International and domestic observers released
statements that noted instances of electoral irregularities in these
parliamentary elections but did not substantiate claims of massive,
systemic fraud.
Police searches of opposition parties' headquarters and homes,
particularly those targeting the FNL, MSD, and UPD parties, increased
significantly during the elections and their aftermath. Major
opposition party leaders left the country and went into hiding (see
section 2.d.). On August 9, police allegedly found a grenade, a pair of
army boots, and a set of military binoculars during a raid on the MSD's
national headquarters. On September 16, after MSD President Alexis
Sinduhije fled the country, police searched his residence and allegedly
found a box of 20 military uniforms. Human rights organizations and
opposition parties suggested that the items found in the two raids were
likely planted by police or the SNR to entrap MSD members and to
discredit the party and its president.
Election violence resulted in numerous deaths.
For example, on May 13, an MSD member was shot and killed in front
of his house in Nyakabiga, Bujumbura. By year's end no suspects had
been arrested.
On June 19, a CNDD-FDD member was shot and killed in Kanyosha,
Bujumbura. No further information was available by year's end.
On July 9, two members of the CNDD-FDD were killed by machetes and
a grenade in Ruziba, Kanyosha Commune, Bujumbura Rural. Fifteen
persons, all FNL members, were arrested in connection with the
killings. Seven remained in detention at year's end.
From June 11 to July 14, 123 grenade attacks resulted in 10 deaths
and 65 injuries. These attacks targeted high-profile hotels and
restaurants, political party headquarters, and the homes of political
party members.
Members of various political party youth movements engaged in group
exercises to intimidate other parties and the local populations; such
exercises led to violent clashes prior to and during the year's
electoral period.
On January 7, in Rugombo Commune, Cibitoke Province, an FNL youth
member was beaten by members of the CNDD-FDD Imbonerakure, who were
heard yelling anti-FNL slurs during the beating. Three suspects were
arrested but fled after being released on bail. One was subsequently
rearrested and again released.
On February 1, the minister of the interior officially banned
political party youth exercises in Kirundo province after an incident
in which CNDD-FDD youth injured FNL youth supporters.
On June 26, SNR agents accompanied by 40 policemen arrested five
MSD party members, including the secretary general, the treasurer, and
the administrative advisor. Police Deputy Director General Gervais
Ndirakabuca assisted with the arrest of the administrative advisor,
whose house was searched without a search warrant. In order to extract
confessions, members of the Municipal Police of Bujumbura abused the
arrestees. According to Ligue Iteka, a local human rights NGO, an MSD
driver, who was among those arrested, was kicked and hit with rifle
butts. All five were released without charges within a week.
On December 11, Haruna Sibomana, a member of the UPD opposition
party and head of Buyenzi quarter in Bujumbura, was held responsible
for a mob lynching of a thief on December 10. Although Sibomana had
immediately involved the communal administrator and the local police
chief when the crowd became a mob, they were unable to prevent the
lynching. On December 11, police arrested Sibomana for failing to
assist a person in danger. He informed Ligue Iteka that the police
officer in charge of his case pressured him to implicate well-known UPD
members as instigators of the killing. He was detained for 19 days and
released after the public prosecutor dismissed the case.
There were no developments in the following 2009 cases of political
violence: the January beating of an FNL supporter by police in Kinama,
Bujumbura; the February killing of Frederick Misago after he left the
CNDD-FDD for the FRODEBU party in Kamenge, Bujumbura; or the August
arson of the UPD leader's property in Kayogoro Commune, Makamba
Province.
As of October no one had been charged in the 2008 grenade attacks
on four politicians' homes; the investigation stalled.
Some local administrators made CNDD-FDD membership a prerequisite
to obtain public benefits such as education, employment, health-care
benefits, or civil documents. On August 23, an elementary school
director in Mubimbi, Bujumbura Rural Province, refused to register
students unless their parents presented voter cards showing they had
voted in the presidential election. As the CNDD-FDD had the only
candidate in the election, a parent who voted was presumed to be a
ruling party member; the school director would register his or her
children. Those parents who refused to show their voter cards or did
not vote in the presidential election were assumed to belong to an
opposition political party and were not allowed to register their
children.
In Gashikanwa, Ngozi Province, a woman requested a certificate from
the local administrator declaring her destitute in order to qualify for
public assistance. Her request was denied because she was not a CNDD-
FDD party member.
The constitution reserves 30 percent of the positions in the
National Assembly, the Senate, and the cabinet for women. There were 34
women in the 106-seat National Assembly and 19 women in the 41-seat
Senate. Women held nine of 21 ministerial seats, including the new
minister of justice who was the Supreme Court president in the former
government. There were eight women on the 17-seat Supreme Court and
three women on the seven-seat Constitutional Court, including the chief
justice.
The law imposes ethnic quotas, requiring that 60 percent of the
seats in both houses of parliament be filled by Hutus, the majority
ethnic group, and 40 percent by Tutsis, who constitute an estimated 15
percent of the citizenry. The Batwa ethnic group, which makes up less
than 1 percent of the population, is entitled to three seats in each
house. By law military and police positions should be divided equally
between Hutus and Tutsis. The Government fulfilled this mandate with
respect to the military; however, inequalities continued to exist
within the police force. While Hutus make up 51percent of the police
force and Tutsis make up 49 percent, disparities existed at the higher
ranks. Eighty percent of police commissioners at the national level
were Tutsi, while Hutus made up 66 percent at the provincial district
level.
Section 4. Official Corruption and Government Transparency
The law provides criminal penalties for corruption; however, the
Government did not implement the law effectively. Widespread corruption
in the public and private sectors and a culture of impunity remained
problems. Several respected private-sector representatives and trade
association officials reported that corruption remained a major
impediment to commercial and economic development. The World Bank's
2009 Worldwide Governance Indicators indicated that corruption was a
severe problem.
By the end of 2009 OLUCOME estimated the state had lost more than
306 billion francs ($246 million) since 2003 due to embezzlement.
Losses for the first six months of the year were estimated at 20
billion francs ($16.1 million).
The Ministry of Good Governance and the State Inspector General are
responsible for combating governmental corruption. The Ministry of Good
Governance includes the Anti-Corruption General Prosecutor's Office and
the Anti-Corruption Brigade. The brigade has the authority to act on
its own initiative to investigate, arrest, and refer offenders to the
general prosecutor.
According to the latest figures available, between September 2009
and August, the Anti-Corruption General Prosecutor's Office
investigated and closed 181 files, 106 cases were scheduled for trial
at the Anti-Corruption Court, 95 cases were tried, and 74 cases
sentenced with possibility of appeal.
Certain government entities cracked down on corruption, while
others protected the guilty. For example, early in the year customs
agents at the Gatumba border with the DRC were illegally charging 3,000
francs ($2.41) per driver and 8,000 francs ($6.44) per vehicle to enter
or leave the country. The Burundian Income Authority halted this
practice after OLUCOME publicized it.
On September 28, the Anti-Corruption Brigade arrested Alexis
Ntaconzoba, director general of SOSUMO, the state-owned sugar company,
for fraudulent misuse of public funds. At year's end Ntaconzoba
remained in detention in Mpimba Central Prison and had not had a
hearing.
On September 30, the director general and the director of
administration at the state-owned Public Transportation Company were
jailed. Both Director General Jean Pierre Manirakiza and Director of
Administration Ferdinand Bacanamwo were accused of misappropriation of
the company's funds. Media reports cited losses of 150 million francs
($120,675). At year's end Manirakiza and Bacanamwo remained in
detention in Mpimba Central Prison.
In 2009 the Anti-Corruption Court sentenced Jean de Dieu
Hatungimana, director of the state-owned real estate company, to 15
years in prison for intentionally wrongly approving payments to a road
construction company, and ministry of finance spokesperson Donatien
Bwabo to 10 years in prison for authorizing payment to a fictitious
garage. Both men remained free and in high-level government positions
while they appealed their cases at year's end.
Former central bank governor Isaac Bizimana, who had been in jail
since August 2007 for illegal transfer of government funds to the
private company, Interpetrol, was released during the year. Earlier in
the year his case and the cases of his alleged accomplices, two former
finance ministers in exile, were dismissed for lack of evidence. The
new minister of justice stated in December that she disagreed with the
general prosecutor's dismissal of the case, and the case was reopened.
The law requires financial disclosure by government officials, but
it was not consistently enforced. Some top officials, including
President Nkurunziza, voluntarily released copies of their finances
after the August 26 presidential inauguration. However, anticorruption
watchdogs reported that many government officials transferred
questionable assets and financial accounts to immediate family members
whose financial records were not disclosed.
In August the then minister of the environment Deogratias Nduwimana
granted more than 180 acres of public land to the wife and child of the
then second vice president of the republic, Gabriel Ntisezerana, who
became president of the Senate on August 20. When the transfers became
public knowledge, Ntisezerana stated that a mistake had been made, and
the transfer to his child was rescinded. However, Ntisezerana's wife
retained possession of the land.
The law does not provide for access to government information, and
information was difficult to obtain. The law does not allow the media
to broadcast or publish information in certain cases relating to
national defense, state security, or secret judicial inquiries. Human
rights observers criticized the law for its poorly defined restrictions
on the right to access and disseminate information.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
Domestic and international human rights groups generally operated
without government restriction, investigating and publishing their
findings on human rights cases. Government officials were somewhat
cooperative and responsive to their views.
Human rights observers generally were allowed to visit government
facilities such as military bases, prisons, and detention centers,
including those run by the SNR. Human rights groups continued to
operate and publish newsletters documenting human rights abuses. While
well-established groups with international linkages and a presence in
Bujumbura had a measure of protection from governmental harassment,
indigenous NGOs were more susceptible to pressure from authorities and
often subject to intimidation and threats from the SNR. Some government
officials and members of the ruling CNDD-FDD party indicated that they
considered domestic civil society organizations, including human rights
groups, to be part of the political opposition.
The following major local independent human rights NGOs operated
during the year: Ligue Iteka, the APRODH, the ADDF, Centre Seruka, the
Association of Women Jurists, Action by Christians for the Abolition of
Torture, and the Observatory of Government Action. No major local human
rights NGOs were closely aligned with the Government or political
parties.
Although several international NGOs expressed frustration at the
formidable bureaucratic hurdles they faced when registering with
government offices, governmental attitudes toward international
humanitarian NGOs remained generally favorable; however, the Government
expelled the representative of Human Rights Watch (HRW) during the
year.
On May 18, Minister of Foreign Affairs Augustin Nsanze informed HRW
that the Government had canceled agrement for HRW representative Neela
Ghoshal due to HRW's report on preelection period political violence
(We'll Tie You Up and Shoot You). Nsanze claimed the report was biased
against the Government and the ruling party. The Government demanded
that Ghoshal cease her work immediately and depart the country by June
5; Ghoshal departed on June 2.
The Government cooperated with international governmental
organizations and permitted visits by UN representatives and other
organizations, such as the ICRC.
In 2008 the UN Human Rights Council renewed the mandate of the UN
Independent Expert (IE) on the Situation of Human Rights in Burundi
with the provision that the IE's mandate would continue until the
Government established a National Independent Human Rights Commission
(CNIDH). Since 2008 the Government has taken the position that the IE
has no mandate to report to the Human Rights Council until the CNIDH is
established. In December parliament passed legislation authorizing
creation of the CNIDH, but President Nkurunziza did not promulgate the
law by year's end.
In a June press statement, the then IE Akich Okola noted increasing
reports of election-related human rights violations and security
concerns since his previous visit in May, including arbitrary arrests,
detention and harassment of opposition politicians and their
supporters, and grenade attacks by unknown perpetrators during the
presidential campaign. In a press conference on November 17, new IE
Fatsah Ouguergouz encouraged the Government to investigate and
prosecute those responsible for torture and extrajudicial killings. He
also pressed the Government to conduct credible, swift, fair trials in
the cases of murdered OLUCOME vice president Ernest Manirumva and
imprisoned journalist Jean Claude Kavumbagu (see sections 1.a. and
2.a., respectively).
On January 25, the Government created the Office of the Ombudsman,
as required by the 2000 Arusha Accords. On November 12, in a
noncompetitive process parliament selected Mohamed Rukara as the
country's first ombudsman. Civil society members, human rights
observers, and political opposition leaders expressed concern that
influential CNDD-FDD member Rukara could not be the neutral,
independent ombudsman envisioned in the law. As of year's end, the
Office of the Ombudsman lacked support staff, a workplace, and office
equipment.
Parliament established human rights committees in 2005 in both
houses: a Committee for Justice and Human Rights in the National
Assembly and a Committee for Judicial and Institutional Issues and
Fundamental Rights and Liberties in the Senate. The National Assembly
committee was dominated by the CNDD-FDD party and the Senate committee,
which, while well intentioned and well informed, lacked influence. At
the end of the year, both committees reviewed and made recommendations
on the draft legislation to create a CNIDH, which passed both houses of
parliament in December. The committees do not issue reports or
recommendations on human rights.
From July 2009 to March, ``Popular Consultations on Transitional
Justice'' took place in country and with diaspora communities. A
tripartite government-UN-civil society steering committee managed the
consultations to gauge the population's perspective on how a Truth and
Reconciliation Commission and Special Tribunal should function. The
committee forwarded the report of the consultation results to the
Office of the President of the Republic on April 20. On December 7, the
report was released to the public. The Government did not establish a
commission, tribunal, or other national transitional justice mechanisms
by year's end.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution provides equal status and protection for all
citizens, without distinction based on sex, origin, ethnicity,
disability, language, or social status; however, the Government failed
to implement these provisions effectively, and discrimination and
societal abuses continued.
Women.--The law prohibits rape, which is punishable by up to 30
years' imprisonment; however, the Government did not enforce the law
effectively, and rape and other sexual violence against women and girls
were problems. The rape of minors, or rape committed by persons who
infect their victim with an incurable sexually transmitted disease, is
punishable by life imprisonment. Spousal rape is punishable by fines of
10,000 to 50,000 francs ($8 to $40) and eight days' imprisonment.
Many women were reluctant to report rape for cultural reasons, fear
of reprisal, and the unavailability of medical care. Men often
abandoned their wives following acts of rape, and rape victims were
ostracized. Police and magistrates regularly required that victims
provide food for and pay the costs of incarceration of those they
accused of rape. According to a March 2009 report by Medecins Sans
Frontieres de Belgique (MSF-Belgium), many victims who sought judicial
redress faced an unresponsive judicial system, and courts often refused
to act on cases without witnesses. Some victims were reportedly
required to pay 15,000 francs ($12.07), a large sum for most victims,
to obtain a certified medical report. Other problems included judges
who did not regard rape as a serious crime and a lack of medical
facilities to gather medical evidence. According to women's rights
organizations, at times families or communities forced victims to
withdraw their complaints and negotiate settlements with the
perpetrator or his family outside of the formal judicial system. In
other cases the victims were forced by their families and local
arbiters to marry their attackers. According to the local NGO Centre
Seruka, 60 percent of persons responsible for rape were arrested, and
of these 30 percent were prosecuted. As of September the APRODH
recorded 61 rapists arrested. Of the limited number of cases that were
investigated, successful prosecutions of rapists were rare.
During the year the Ministry of Solidarity began compiling rape
statistics through decentralized family development centers (CDF)
throughout the country. According to CDF reports, there were 1,556
reported cases of gender-based violence as of July. The ADDF received
reports of 3,701 cases of rape and domestic violence as of September,
most of which occurred in Bujumbura and its outlying areas. Centre
Seruka, equipped in part by MSF-Belgium and funded by the UN, received
742 victims during the year at its center for rape victims in
Bujumbura. Of the victims they assisted, 60 percent were raped by
persons they knew, including members of their families, cooks, and
neighbors. Local and international NGOs, the Government, and the UN
claimed the number of rape victims was likely much higher.
Civil society and religious communities worked to overcome the
cultural stigma of rape to help victims reintegrate into families that
had rejected them. Ligue Iteka, the APRODH, the ADDF, and BINUB
continued to encourage rape victims to press charges and to seek
medical care, and international NGOs provided free medical care, mostly
in urban areas. The Government also raised awareness of the problem
through seminars and local initiatives describing the kinds of medical
care available.
The law prohibits domestic abuse of a spouse or child, with
punishment ranging from fines to three- to five-years' imprisonment;
however, domestic violence against women was common. As of December the
ADDF had received 1,650 cases of domestic violence. Many victims did
not report crimes of domestic violence, fearing retaliation, loss or
economic support for their children, or a lack of support from the
justice system. Police occasionally arrested persons accused of
domestic violence but usually released suspects within a few days
without further investigation. During the year the Government, with
financial supported from international NGOs and the UN, continued to
sponsor civic awareness training on domestic and gender-based violence
as well as the role of police assistance in 12 of the country's 17
provinces.
The media reported many instances of domestic violence, including
severe beating, mutilation, and murder. For example, on May 17, Fabien
Barutwanayo assaulted and killed his pregnant wife with a hoe due to a
land dispute. The local women's association was banned from holding a
funeral procession to highlight the problem of domestic violence (see
section 2.b.). Barutwanayo fled his home and at year's end had not been
located by police.
The suspects who allegedly severely burned his wife with hot water
in January 2009 in Cibitoke Province, who allegedly killed his wife
with a machete in September 2009 in Makamba Province, and who allegedly
burned his wife's genitals in 2008 in Cankuzo Province remained in
detention awaiting trial at year's end.
The law prohibits sexual harassment, including the use of orders,
severe pressure, or threats of physical or psychological violence, to
obtain sexual favors. The sentence for sexual harassment ranges from
fines to penalties of one month to two years in prison. The sentence
for sexual harassment doubles if the victim is less than 18 years old.
There were no known prosecutions during the year.
The Government recognized the right of couples and individuals to
decide freely and responsibly the number, spacing, and timing of their
children, although for cultural reasons, husbands often made the final
decisions about family planning. Local NGOs reported that women who
attempted to assert their right to decide such matters independently
sometimes became victims of domestic abuse. Cultural and religious
norms made limiting the number of childbirths per family generally
unpopular, although family planning and birth spacing were more openly
discussed than in previous years. Health clinics and local health NGOs
were permitted to operate freely in disseminating information on family
planning under the guidance of the Ministry of Public Health. There
were no restrictions on access to contraceptives, but, according to the
local NGO Burundian Association for Family Wellbeing, only 11.4 percent
of citizens used these measures.
The Government provided free childbirth services, but the lack of
sufficient doctors meant most women used nurses or midwives during
childbirth as well as for prenatal and postnatal care, unless the
mother or child suffered serious health complications. According to the
United Nations Population Fund, less than 34 percent of all births took
place with skilled attendants. The maternal mortality rate remained
high at 620 deaths per 100,000 live births.
Men and women received equal access to diagnosis and treatment for
sexually transmitted infections, including HIV, but local health NGOs
and clinics reported that women were more likely than men to seek
treatment and refer their partners. Only 16 percent of health
facilities provided services to prevent mother-to-child HIV/AIDS
transmission.
Despite constitutional protections, women continued to face legal,
economic, and societal discrimination and were often victims of
discriminatory practices with regard to credit and marital property
laws. By law women must receive the same pay as men for the same work,
but in practice they did not. Some enterprises suspended the salaries
of women while they were on paid maternity leave, and others refused
medical coverage to married female employees. Women were less likely to
hold mid- or high-level positions in the workforce. However, there were
many women-owned businesses, particularly in Bujumbura. While
representation of women in decision-making roles remained low, women
constituted approximately 20 percent of public administration roles in
the country.
The Government had a department dedicated to the empowerment of
women and promotion of women's rights within the Ministry of
Solidarity. Several local groups also worked to support women's rights,
including the Collective of Women's Organizations and NGOs of Burundi,
and Women United for Development.
Children.--Although the constitution states that citizenship can be
derived from the mother or father, in practice and according to the law
on nationality, citizenship is derived from the nationality of the
father only. The failure of the Government to record all births
resulted in denial of some public services for unregistered children,
as the Government requires a birth certificate for access to free
public schooling and free medical care for children under five.
Approximately half of all children were not registered at birth.
According to the UN Children's Fund (UNICEF), approximately 40 percent
of births of children currently under five years old were not
registered. The Government registered without charge the births of all
children up to the age of five. The urban and rural poor and citizens
of western provinces traditionally were less likely to register the
birth of a child.
Schooling is compulsory up to the age of 12; primary school was the
highest level of education attained by most children. The Government's
declaration of free and universal primary education in 2005
substantially increased net enrollment rates; however female illiteracy
remained a particular problem.
The law prohibits child abuse, and the problem was not reportedly
widespread. Corporal punishment in public schools is prohibited;
however, the Government acknowledged that corporal punishment existed
in many homes and schools.
The law prohibits child prostitution, and penalties for those who
use child prostitutes ranged from fines from five to 10 years'
imprisonment; however, the number of children engaged in prostitution
for survival reportedly increased compared with the previous year.
The minimum marriage age for women is 18 and 21 for men, although
recently men were allowed to begin marrying at 18. Child marriage
reportedly was not widespread, although informal marriages of young
girls sometimes occurred when victims were forced by their families to
marry after rape or other forms of sexual exploitation. For example,
the brother of a 13-year-old girl in Butihinda, Muyinga Province,
reportedly arranged her marriage after she was raped by a local
businessman during the year. If there was no such agreement, victims
and their families were sometimes intimidated by perpetrators living in
their community.
The penalty for rape of a minor is 10 to 30 years' imprisonment,
and the minimum age for consensual sex is 18. The law prohibits child
pornography, which is punishable by fines and three to five years'
imprisonment. While child pornography was not prevalent, the rape of
minors was a widespread problem. Local hospitals, NGOs, and human
rights associations highlighted a particularly high number of rape and
sexual abuse cases against children in Rumonge, Burambi and Buyengero
communes of Bururi Province during the year; there were also several
reported cases from Ngozi, Muyinga, Bujumbura, and Bujumbura Rural
provinces, although exact statistics were unavailable. According to
UNICEF, approximately 60 percent of reported rapes were of children
under 18 years old, 20 percent of whom were children under 12 years
old.
During the year Centre Seruka reported that 15 percent of the
sexual violence cases it handled were of children less than five years
old. The UN Development Fund for Women reported that many rapes of
minors were motivated by the rapist's belief that they would prevent or
cure sexually transmitted diseases, including HIV/AIDS. Centre Seruka
reported that 95 percent of the rape victims who visited its facility
during the year were female; the average victim assisted by Seruka was
11.5 years old. Local NGOs reported providing services to secondary
school students who were coerced into performing sexual acts or raped
by schoolteachers, community leaders, or other authority figures.
Rape cases of very young girls were more likely to be investigated
than rape of women, often due to community pressure. For example, on
March 25, after a one-and-a-half-year-old girl was raped by a teenage
boy in Mutimbuzi Commune, Bujumbura Rural Province, her neighbors held
demonstrations condemning the rape. The community challenged the local
administration and judiciary to punish the perpetrator. Neighbors also
claimed the perpetrator's parents attacked the victim's family.
Children with albinism sometimes faced discrimination in school and
within their families. For example, three students with albinism
reportedly abandoned their schooling in Makamba Province after their
teacher discriminated against them. Officials of Albinos Without
Borders (ASF) mediated the conflict between the teacher and students,
convincing the students to reenroll. Fathers sometimes sent away women
who gave birth to children with albinism.
According to a January report by the Ministry of Solidarity and the
Institute of Statistics and Economic Studies of Burundi in conjunction
with local and international NGOs and UNICEF, more than 3,250 street
children lived in the country's three largest cities of Bujumbura,
Gitega, and Ngozi. The Ministry of Solidarity stated that many of these
children are HIV/AIDS orphans. The number of street children nationwide
was higher, according to UNICEF. The Government provided street
children with minimal educational support and relied on NGOs to provide
basic services such as medical services or economic support.
According to UNICEF, 626 child soldiers were demobilized in 2008
and 2009; most were already adults, and only 22 were under 18 years of
age at the time of their demobilization. Local NGOs continued to work
with these demobilized children during the year to ensure their
reintegration. According to the UN and the Government, there were no
known cases of children associated with armed groups at year's end.
The country is not a party to the 1980 Hague Convention on the
Civil Aspects of International Child Abduction. For information on
international parental child abduction, please see the Department of
State's annual report on compliance at http://travel.state.gov/
abduction/resources/congressreport/congressreport--4308.html.
Anti-Semitism.--The Jewish population was very small, and there
were no reports of anti-Semitic acts.
Trafficking in Persons.--For information on trafficking in persons,
please see the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip.
Persons With Disabilities.--The constitution prohibits
discrimination against persons with physical or mental disabilities;
however, the Government does not have the resources to protect the
rights of persons with disabilities with regard to employment,
education, or access to healthcare. Although persons with disabilities
were eligible for free healthcare services through social programs
targeting vulnerable groups, the benefits were not widely publicized or
provided. The employment practice of requiring health certification
from the ministry of public health sometimes led to discrimination
against persons with disabilities.
The Ministry of Solidarity is the Government agency in charge of
coordinating assistance and protecting the rights of persons with
disabilities. The ministry reported an increase from 500 million francs
to one billion francs ($402,252 to $804,505) in its budget for
disability programs for the year after President Nkurunziza proposed
the increase in his December 2009 remarks on the International Day for
the Disabled. Despite increased funding for assistance, the Government
did not enact legislation or otherwise mandate access to buildings,
information, or government services for persons with disabilities.
The Government supported a center for physical therapy in Gitega
and a center for social and professional reinsertion in Ngozi to assist
individuals with physical disabilities. Handicap International reported
14 other institutions for persons with disabilities sponsored by
religious institutions and NGOs, including four schools for children
with sensory disabilities and two for children with mental
disabilities. Many schools for children with sensory or mental
disabilities were not recognized by the Ministry of Education, making
it impossible for students to progress in the educational system. Local
and international NGOs expressed concern that persons with disabilities
were more vulnerable to rape, assault, and other forms of exploitation
than other groups within their communities.
While there were no government restrictions on voting by persons
with disabilities, most such individuals could not participate in
elections during the year due to issues of access. In February the
National Independent Electoral Commission denied a request to make
polling stations more accessible, claiming limitations in funding and
time.
National/Racial/Ethnic Minorities.--The constitution requires
ethnic quotas for representation within the Government and in the
security forces. Hutus, who constitute an estimated 85 percent of the
population, significantly increased their presence and power in the
Government following the 2005 and 2010 elections; however, the minority
Tutsis have historically held political and economic advantages.
Indigenous People.--The Batwa, believed to be the country's
earliest inhabitants, represent less than 1 percent of the population.
They generally remained economically, socially, and politically
marginalized and were victims of violence during the year. However, the
Government instituted several measures to address the Batwa's
traditional isolation. Local administrations must provide free
schoolbooks and health care for all Batwa children. The Government also
provided small acreages, when possible, for Batwa who wished to become
farmers and allocated approximately two acres of land per family, the
average size of farmstead of the country's rural poor.
The Union for the Promotion of Batwa reported that on October 23,
three Batwa were killed and 32 houses of Batwa families were
systematically burned in Gahombo Commune, Kayanza Province. The
families fled the area to avoid further attack from the local
population. Despite widespread media coverage of the attack, no
suspects were arrested in the case at year's end.
Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--The law criminalizes
homosexual acts, and anyone who has sexual relations with a person of
the same sex can be fined or sentenced to between three months' and two
years' imprisonment. At year's end no one was prosecuted under this
provision.
Although discrimination existed, it was not always overt or
widespread. Families sometimes disowned children who refused to deny
their homosexual identity, and gays and lesbians often entered
opposite-sex marriages due to social pressure. The lesbian, gay,
bisexual, and transgender (LGBT) rights organization Humure reported
that 90 percent of the men they surveyed who engaged in male-to-male
sex were married. Representatives of the LGBT community stated that
after the 2009 passage of the revised penal code criminalizing same sex
relations, they were subjected to more discrimination, but the number
of cases remained small. The Government took no steps to counter
discrimination against gays and lesbians.
Other Societal Violence or Discrimination.--The constitution
specifically outlaws discrimination against persons with HIV/AIDS or
other ``incurable'' illnesses. There were no reports of government-
sponsored discrimination against such individuals, although some
observers suggested the Government was not actively involved in
preventing societal discrimination.
Sporadic killings of persons with albinism occurred during the year
(see section 1.a.). In January the ASF reported that persons with
albinism were still seeking protection near communal administrative
centers because they were afraid to return to their homes after a
series of attacks and killings in 2009 and during the year. One woman
fled her home for a safer location after her child with albinism was
threatened in Makamba Province (see section 6, Children). Health issues
involving eyesight or prolonged sun exposure often affected the ability
of persons with albinism to participate fully in school or the
workforce. The ASF reported that efforts to educate the population
about the issues affecting persons with albinism helped to improve the
situation.
Section 7. Worker Rights
a. The Right of Association.--The constitution and the labor code
protect the right of workers to form and join unions without previous
authorization or excessive requirements. According to the Confederation
of Burundian Labor Unions (COSYBU), less than 10 percent of the formal
private sector workforce was unionized, while an estimated 50 percent
of the public sector was unionized. Although most civil servants
exercised their right to unionize, the armed forces and foreigners
working in the public sector are prohibited from participation in
unions. The law also prevents workers under the age of 18 from joining
unions without the consent of their parents or guardians. According to
COSYBU, many private sector employers systematically worked to prevent
the creation of trade unions, and the Government failed to protect
private sector workers' rights in practice. Relations between COSYBU
and the Government remained poor.
Local human rights NGOs continued to report widespread
discriminatory hiring practices for government jobs based on
applicants' political affiliations, despite a law prohibiting such
practices.
Most citizens worked in the unregulated informal economy, which is
not protected by the labor law. COSYBU stated that virtually no
informal sector workers had written employment contracts; according to
government statistics, only 5 percent had them.
The law provides workers with a conditional right to strike but
bans solidarity strikes and sets strict conditions under which a
general strike may occur. All peaceful means of resolution must be
exhausted prior to the strike; negotiations must continue during the
action, mediated by a mutually agreed-upon party or by the Government;
and six days' notice must be given to the employer and the Ministry of
Civil Service, Labor, and Social Security. Before a strike is allowed,
the ministry must determine whether strike conditions have been met.
The ministry has a de facto veto power over all strikes.
The labor code prohibits retribution against workers participating
in a legal strike, but labor leaders continued to suffer abuse.
In February a committee member of the SOSUMO trade union was
demoted after publicizing illicit practices by the company's
management. Prior to civil society intervention and ensuing media
coverage in the case, he was threatened with termination.
The leaders of teacher's trade unions recorded widespread
harassment throughout the country during and after their strike in
March to April.
For example, on March 17, in both Mutambu Commune and Kabezi
Commune in Bujumbura Rural, communal administrators using megaphones
urged the population to attack striking teachers. On April 19, at
numerous schools throughout the country, when teachers withheld final
exam results as a means of protesting the Government's failure to pay
salary arrears, school principals encouraged students to retaliate with
violence.
Ligue Iteka stated that a teacher named Athanase Mashandali was
fired because he refused to join the CNDD-FDD party and, as teachers'
trade union president in Bubanza Province, had encouraged teachers to
strike. In 2008 Mashandali, provincial representative of the Bubanza
teachers' trade union, was approached by the CNDD-FDD to join the
party, but he declined. In April 2009 the school director (a CNDD-FDD
member) accused Mashandali of stealing two dictionaries. Mashandali was
subsequently indicted by the Bubanza High Court. He appeared before the
court three times, most recently on April 1. On May 27, the school
director suspended Mashandali from all teaching activities. On July 27,
the court acquitted him. At year's end Mashandali was seeking a meeting
with the new minister of basic and secondary education to seek
reinstatement. Mashandali stated that the school director fabricated
the charges against him and that he was fired because of his political
affiliation and his trade union activities.
b. The Right to Organize and Bargain Collectively.--The law allows
unions to conduct their activities without interference, but the
Government frequently interfered with unions and intimidated or
harassed their leaders. The law also recognizes the right to collective
bargaining, and it was freely practiced. Wages, however, are excluded
from the scope of collective bargaining in the public sector; instead,
wages were set according to fixed scales, following consultation with
unions.
Since most salaried workers were civil servants, government
entities were involved in almost every phase of labor negotiations.
Both COSYBU and the Confederation of Free Unions represented labor
interests in collective bargaining negotiations, in cooperation with
individual labor unions. Civil servant unions must be registered with
the Ministry of Labor. There were no reliable statistics on the
percentage of workers covered by collective agreements.
The law prohibits antiunion discrimination; however, the Government
often failed to respect this right in the public sector. The Government
often retaliated against union members through the use of transfers,
demotions, and reduced responsibility under false pretenses.
According to the International Trade Union Confederation (ITUC),
the Government often failed to protect workers in the private sector
from discrimination by employers.
In 2008 the vice president of the Justice Ministry's Administrative
Workers Union, Juvenal Rududura, was arrested for allegedly lying
during a television interview in which he criticized government
policies. Following prolonged detention without trial, he was released
on his own recognizance in July 2009. However, his movements were
restricted, he was not permitted to leave the city, and his activities
were closely monitored by the Government. In September 2009 his trial
entered the deliberation phase. Under the law deliberations cannot last
longer than 60 days. At year's end the case continued under
deliberation. Rududura was not able to move about freely and had to
appear before a judge every three months.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, including by children; however, reports
continued that it occurred. Most reports involving adults concerned
cases of domestic servitude. Forced labor by children involved domestic
servitude and agriculture. There were no reported cases of forced child
labor in the production of goods as defined in the Trafficking Victims
Protection Reauthorization Act.
d. Prohibition of Child Labor and Minimum Age for Employment.--The
labor code states that enterprises may not employ children under the
age of 16, barring the exceptions permitted by the Ministry of Labor.
These exceptions include light work or apprenticeships that do not
damage children's health, interfere with their normal development, or
prejudice their schooling. In accordance with the labor code, the
minister of labor may permit children ages 12 and up to be employed in
``light labor,'' such as selling newspapers, herding cattle, or
preparing food. Under the penal code the legal age for most types of
``nondangerous'' labor is 18. The Government did not effectively
enforce these laws, and child labor remained a problem. Children less
than age 16 in rural areas regularly performed heavy manual labor in
the daytime during the school year, primarily in the agriculture
sector. According to the ITUC, the vast majority of children in the
country worked during the year.
Children were legally prohibited from working at night, although
many did so in the informal sectors noted below. Most of the population
lived by subsistence agriculture, and children were obliged by custom
and economic necessity to participate in the farming of crops,
primarily bananas, cassava, maize, and beans; family businesses; and
other informal sector activity such as street vending. Children also
worked in small, local brick-making enterprises.
There continued to be reports of children performing household
domestic labor. As in previous years, there was no indication that
children were trafficked for commercial sexual exploitation or labor on
an organized or widespread basis.
The Ministry of Labor was charged with enforcing child labor laws
and had multiple enforcement tools, including criminal penalties, civil
fines, and court orders. However, in practice the laws were seldom
enforced. Due to a lack of inspectors, the ministry enforced the law
only when a complaint was filed. The Government acknowledged no cases
of child labor in the formal sector of the economy during the year and
had conducted no child labor investigations.
During the year the Government supported international
organizations, several NGOs, and labor unions engaged in efforts to
combat child labor; these efforts included care and training of
demobilized child soldiers.
For information on trafficking in persons, please see the
Department of State's annual Trafficking in Persons Report at
www.state.gov/g/tip.
e. Acceptable Conditions of Work.--Although the cost of living rose
significantly during the year, the legal minimum wage for unskilled
workers remained 160 francs ($0.13) per day. While some employers
voluntarily paid their unskilled laborers a minimum of 1,500 francs
($1.20) a day, this was far from standard practice. In general
unskilled workers' incomes did not provide a decent standard of living
for a worker and family. Most families relied on second incomes and
subsistence agriculture to supplement their earnings. The Department of
Inspection within the Ministry of Labor is charged with enforcing
minimum wage laws, but there were no reports of enforcement in recent
years. The legal minimum wage had not been revised in many years, and
there were no known examples of employer violations. These regulations
apply to the entire workforce and make no distinction between domestic
and foreign workers or between the informal and formal sectors.
The labor code stipulates an eight-hour workday and a 40-hour
workweek, except for workers involved in national security activities;
however, this stipulation was not always enforced in practice.
Supplements must be paid for overtime work. There is no statute
concerning compulsory overtime; opportunities for compulsory overtime
were all but nonexistent. Rest periods include 30 minutes for lunch.
There are no differences for foreign or migrant workers.
The labor code establishes health and safety standards that require
safe workplaces. Enforcement responsibility rests with the Ministry of
Labor, which was responsible for acting upon complaints; however, there
were no reports of complaints filed with the ministry during the year.
Workers did not have the right to remove themselves from situations
that endangered health and safety without jeopardizing their
employment.
Small numbers of persons from the neighboring DRC, Tanzania, and
Rwanda worked in the country but did not constitute a significant
presence. They were typically undocumented and worked in the informal
sector.
__________
CAMEROON
Cameroon, with a population of approximately 19 million, is a
republic dominated by a strong presidency. The country has a multiparty
system of government, but the Cameroon People's Democratic Movement
(CPDM) has remained in power since it was created in 1985. The
president retains the power to control legislation and rules by decree.
In 2004 CPDM leader Paul Biya won reelection as president, a position
he has held since 1982. The election was flawed by irregularities,
particularly in the voter registration process, but observers concluded
that the irregularities did not significantly affect election results.
The 2007 legislative and municipal elections had significant
deficiencies, including barriers to registration and inadequate
safeguards against fraudulent voting, according to international and
domestic observers. There were instances in which elements of the
security forces acted independently of civilian control.
Human rights abuses included security force killings; security
force torture, beatings, and other abuses, particularly of detainees
and prisoners; harsh and life-threatening prison conditions; and
arbitrary arrest and detention of citizens advocating secession, local
human rights monitors and activists, persons not carrying government-
issued identity cards, and others. There were incidents of prolonged
and sometimes incommunicado pretrial detention and of infringement on
privacy rights. The Government harassed and imprisoned journalists,
restricted freedoms of speech, press, assembly, and association, and
impeded freedom of movement. Official corruption was pervasive at all
levels. Societal violence and discrimination against women, female
genital mutilation (FGM), trafficking in persons (primarily children),
and discrimination against pygmies and gays and lesbians occurred. The
Government restricted worker rights and the activities of independent
labor organizations. Child labor, hereditary servitude, and forced
labor, including forced child labor, were problems.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--The Government or
its agents did not commit any politically motivated killings; however,
security forces killed persons during the year. The Government
sometimes investigated and disciplined those responsible for such
killings.
On February 11, in Bandjoun, West Region, two gendarmes shot and
killed Francine Laure Kamdem Kamga, a student from the bilingual high
school. On April 15, the secretary of state in charge of the
gendarmerie issued a press release noting the arrest and detention of
the two gendarmes. The military tribunal subsequently charged the two,
who remained in Bafoussam Central Prison awaiting trial at year's end.
In early March an assistant superintendent of the Garoua Central
Police Station shot and killed his wife after she returned home late at
night; neighbors held the superintendent and handed him over to police.
An investigation was ongoing at year's end.
According to the Report by the Ministry of Justice on Human Rights
in Cameroon in 2009, released during the year, the Government
prosecuted at least four security force members for arbitrary killings
in 2009; it was unclear when the killings occurred or the identity of
victims since the report provides neither. In January 2009 the Military
Tribunal of Yaounde sentenced Private Emmanuel Ahidjo to death for
capital murder. In May 2009 Major Emile Bankou was sentenced to 18
months in prison for an unintentional murder. Also in 2009 Police
Inspector Ernest Ngomsia was sentenced to three years in prison for an
unintentional killing, and a fourth security force member was acquitted
of murder; no further details were available.
There were no developments in the investigation of the October 2009
killing of Jean Baptiste Kamgaing by a gendarme.
Former police officer Olivier Villot Ehongo, wanted for the
November 2009 killing of his wife Martine Virginie Ehongo, remained at
large.
The Government took no action regarding killings by security forces
during the 2008 riots, which resulted in more than 200 deaths,
according to nongovernmental organizations (NGOs).
On August 10, the Yaounde High Court resumed hearings on the 2006
killing of Gregoire Diboule, allegedly by Ni John Fru Ndi, chairman of
the Social Democratic Front (SDF), and 21 other SDF officials who
belonged to a competing party faction. However, the trial was postponed
because none of the 21 accused were present, although their lawyers
appeared for them. The case was postponed four times in 2009.
Vigilante violence against persons suspected of theft resulted in
four deaths; 18 persons died from such violence in 2009. Public
frustration over police ineffectiveness and the release without charge
of many individuals arrested for serious crimes contributed to
vigilante violence.
On March 8, inhabitants of the Bonapriso neighborhood of Douala,
Wouri Division, Littoral Region, beat to death a bandit who tried to
strangle a motorbike taxi rider. An investigation was ongoing at year's
end.
On July 2, residents of Wone Bakundu, a village in Meme Division,
South West Region, buried to death Martin Njumbe Ikose, whom residents
accused of using witchcraft to kill his nephew. Gendarmes arrested the
perpetrators. An investigation was ongoing at year's end.
b. Disappearance.--There were no reports of politically motivated
disappearances during the year.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution and law prohibit such practices; however,
there were credible reports that security forces tortured, beat,
harassed, and otherwise abused citizens, prisoners, and detainees,
although there were fewer such cases than in previous years. Security
forces also reportedly subjected women, children, and elderly persons
to abuse.
Security forces reportedly detained and tortured persons at
specific sites, including temporary holding cells within police or
gendarme facilities and cells located at the Directorate General of
External Security (DGRE).
On February 20, a fight between fishermen and three officers of the
elite Delta Rapid Intervention Battalion (BIR) occurred at Down Beach,
Limbe, a major station of the BIR; the fishermen had allegedly molested
one of the soldiers, according to military officials. On February 21,
BIR troops raided the Church Street neighborhood where the fishermen
lived and confiscated several cell phones belonging to fishermen. On
February 23, BIR troops returned to the fishermen's neighborhood and
indiscriminately beat residents and smashed cars; 24 persons were
injured, including three who were transferred to an intensive care
unit. On March 15, Minister of Defense Mebe Ngo'o dismissed 19 BIR
members for indiscipline and violence against civilians: three of the
19 also were sentenced to 60 days in prison for their role as
instigators of acts of brutality against civilians. The minister also
announced that 13 other soldiers were sentenced to 45 days in jail and
that their three commanding officers were sentenced to 20 days in jail.
According to the Committee to Protect Journalists (CPJ), security
agents in February used torture to force a journalist to reveal his
sources (see section 2.a.).
On May 3, police beat several journalists on their way to a sit-in
(see section 2.b.).
On May 9, soldiers Eric Bago and Sadiou (citizens often have only
one name) of the Fifth BIR, based in Ngaoundere, Vina Division,
Adamaoua Region, severely beat a motorbike taxi driver who asked to be
paid after transporting the soldiers. Police arrested the two soldiers,
who were subsequently detained and transferred to the Garoua Military
Tribunal, North Region, where they remained in detention at year's end,
pending an investigation.
On July 23, six soldiers of the BIR in Yaounde, Mfoundi Division,
Center Region, severely beat a vendor, who was on a street where an
altercation occurred between a soldier and residents. A mob intervened
and subdued two of the soldiers, who police subsequently transferred to
the neighborhood gendarmerie brigade. The case was forwarded to the
department of military justice for further investigation, and the two
soldiers were released pending the results of the ongoing
investigation.
There were no developments in the following 2009 security force
beatings: the January beatings by newly recruited soldiers of
approximately two dozen residents of Nsoh (Bafut), North West Region;
and the police beating of Freddy Nkoue, a cameraman working for a
Douala-based private television station.
NGO efforts to compile information for a formal complaint against
security forces involved in use of excessive force during the 2008
riots were stalled due to inability to obtain the identities of
perpetrators.
Prison and Detention Center Conditions.--Prison conditions remained
harsh and life threatening. Numerous international human rights
organizations and some prison personnel reported that torture was
widespread. In Douala's New Bell Prison and other minimum security
detention centers, prison guards inflicted beatings, and prisoners were
reportedly chained or at times flogged in their cells. During a May
2009 visit, foreign government officials found that prison guards
chained disobedient and violent prisoners in a tiny disciplinary cell,
where they were reportedly beaten and denied access to food. Security
forces reportedly stripped prisoners and detainees, confined them in
severely overcrowded cells, denied them access to toilets or other
sanitation facilities, and beat them to extract confessions or
information about alleged criminals.
Guards and local NGOs reported rapes among inmates. Individuals
incarcerated in the New Bell Prison for homosexual acts suffered
discrimination and violence from other inmates.
Prisoners were kept in dilapidated, colonial-era prisons, where the
number of inmates was as much as four to five times intended capacity.
Overcrowding was exacerbated by the large number of pretrial detainees.
At the end of 2009, the country's 72 prisons, with a capacity of
15,250, housed 23,368 detainees. Government statistics released in May
indicated that 12,510 prisoners were held in the 10 central prisons,
which were intended to hold 4,242. The Yaounde Kondengui Prison,
originally built for approximately 1,000 inmates, held 3,964 in May,
according to penitentiary administration statistics.
Deficiencies in health care and sanitation, which were common in
all prisons, remained a significant problem. Health and medical care
were almost nonexistent in detention cells located in gendarmeries and
police stations. In 2008 the National Commission on Human Rights and
Freedoms (NCHRF) reported that the daily food allocation per prisoner
was less than 100 CFA francs (approximately 20 cents). Prisoners'
families were expected to provide food for them in prison. New Bell
Prison contained seven water taps for approximately 2,813 prisoners,
contributing to poor hygiene, illness, and death.
Corruption among prison personnel was widespread. Pretrial
detainees reported that prison guards sometimes required them, under
threat of abuse, to pay ``cell fees,'' money paid to prevent further
abuse. Prisoners bribed wardens for special favors or treatment,
including temporary freedom.
On June 29, the penitentiary administration confirmed harsh prison
conditions in a document presented to diplomatic missions. The document
noted overcrowding, poorly maintained and unsound facilities with
leaking roofs, insufficient toilets and beds, lack of water and
electricity, scarcity of pharmaceuticals, lack of appropriate kitchens,
absence of drainage for grey water, and lack of disinfectants.
Some prisoners were kept in prison after completing their sentences
or receiving court orders of release due to inability to pay their
fines. In 2009 for example, more than 100 prisoners remained in New
Bell Prison despite completing their sentences. Prisons in Buea and
Kumba also held inmates who had completed their sentences.
As of May, 480 minors were detained in the country's 10 central
prisons, 406 of them in pretrial detention; 234 women also were
detained, 163 of them in pretrial detention.
There were two separate prisons for women and a few pretrial
detention centers for women; however, women routinely were held in
police and gendarmerie complexes with men, occasionally in the same
cells. Mothers sometimes chose to be incarcerated with their children
if the children were very young or if they had no other child care
option. Juvenile prisoners were often incarcerated with adults,
occasionally in the same cells or wards. There were credible reports
that adult inmates sexually abused juvenile prisoners. Pretrial
detainees routinely were held in cells with convicted criminals. Some
high-profile prisoners, including officials imprisoned for corruption,
were separated from other prisoners and enjoyed relatively lenient
treatment.
In temporary holding cells within police or gendarme facilities,
adult men, juveniles, and women were held together. Detainees usually
received no food, water, or medical care; detainees whose families had
been informed of their incarceration relied on their relatives for food
and medicine. Overcrowding was common. Detention center guards accepted
bribes from detainees in return for access to better conditions,
including permission to stay in an office instead of a cell.
Many citizens in the North and Far North regions turned to
traditional chiefs, or lamibe, for dispute resolution, and the
Government continued to permit lamibe to temporarily detain persons
until they transferred them to the police or gendarmerie and the
judicial system. Such detentions could last several weeks or months,
depending on the availability of lamibe, the gravity of the offense,
the distance to the nearest security office, and the availability of
security officers, complainants, and transportation. Within the palaces
of the traditional chiefdoms of Rey Bouba, Gashiga, Bibemi, and
Tcheboa, there were private prisons that had reputations for serious
abuse. For example, those incarcerated were often tied to a post with
chains attached to their wrists and ankles. During an April visit in
the North and Far North regions, lamibe claimed to foreign diplomats
that such detention facilities no longer existed, although incriminated
subjects were often held under the veranda of a hut and could be seen
by passersby.
Prisoners were permitted religious observance. Authorities
permitted prisoners and detainees to submit complaints to judicial
authorities without censorship. During a May 2009 visit to the Buea
Prison, diplomatic mission employees observed prisoners talking to the
prosecutor and complaining about their conditions. The secretary of
state for penitentiary administration and the inspector general in
charge of penitentiary administration investigated credible allegations
of inhumane conditions and acknowledged the existence of such
conditions publicly; however, no action was taken during the year. The
NCHRF also conducted investigations during the year and publicly
denounced poor detention conditions. The NCHRF also acted on behalf of
prisoners or detainees to alleviate overcrowding, address the status of
juvenile offenders, improve pretrial detention conditions, and other
matters.
The Government permitted international humanitarian organizations
access to prisoners. Both the local Red Cross and the NCHRF made
infrequent, unannounced prison visits during the year. The Government
continued to allow the International Committee of the Red Cross (ICRC)
to visit prisons. ICRC visits were conducted during the year in
accordance with standard modalities.
The Government took steps to improve prison conditions. Phase two
of the Improvement of Detention Conditions and Respect for Human Rights
initiative resulted in 22 new wells, 732 new mattresses, and medical
equipment for the country's prisons. In addition, the 10 medical
doctors, 30 nurses, and 40 nurse aides that the Government recruited in
late 2009 to work full-time in prisons became fully operational during
the year. The Government also increased prison nutrition allowances
during the year, which resulted in the provision of two daily meals
instead of one in some prisons. In May the secretary of state in charge
of penitentiary administration organized a workshop for 100
penitentiary officials and prison superintendants on respect for
prisoner rights.
d. Arbitrary Arrest or Detention.--The constitution and law
prohibit arbitrary arrest and detention; however, security forces
continued to arrest and detain citizens arbitrarily.
Role of the Police and Security Apparatus.--The national police,
DGRE, Ministry of Defense, Ministry of Territorial Administration, and,
to a lesser extent, Presidential Guard are responsible for internal
security. The Ministry of Defense, which includes the gendarmerie, the
army, the army's military security unit, and the DGRE, reports to an
office of the presidency, resulting in strong presidential control of
security forces. The national police include the public security force,
judicial police, territorial security forces, and frontier police. The
national police and the gendarmerie have primary responsibility for law
enforcement, although the gendarmerie alone has responsibility in rural
areas.
Police were ineffective, poorly trained, and corrupt (see section
4). Citizens viewed police as ineffective and often resorted to
vigilante violence rather than calling police (see section 1.a.).
Impunity was a problem; however, some abusers were sanctioned.
According to media reports, during the year authorities sanctioned
at least 41 security officers, including 21 soldiers and gendarmes and
20 police officers; offenses included harassment of citizens,
corruption, extortion of funds, disregard of orders, forgery, and
dangerous use of firearms.
According to the Report by the Ministry of Justice on Human Rights
in Cameroon in 2009, a total of 599 police officers and 18 gendarmes
were sanctioned in 2009 for acts ranging from failure to follow orders
to corruption, falsification of official documents, abuse of authority,
use of excessive force, extortion of money, arbitrary arrest,
blackmail, aggravated theft, and dangerous use of arms; sanctioned acts
included those committed in 2009 and in previous years. Preliminary
administrative punishments--actions taken immediately after the
perpetration of the offense--ranged from written warnings to
suspensions of up to six months and imprisonment for 10 to 12 days.
More serious cases were transferred to the judiciary for prosecution
and sentencing, which could take months or even years.
According to the Report by the Ministry of Justice on Human Rights
in Cameroon in 2009, at least 10 security officers were prosecuted in
2009 for torture; however, no details were provided. Twenty others were
prosecuted in 2009 for physically harming citizens, including the
following: Senior Warrant Officer Jean Abanda Abanda, who was sentenced
in December to two years' imprisonment for ``slight harm;'' Police
Superintendant Afana Akomezoa, who was sentenced in December to one
year in prison for ``simple threats and slight harm;'' and Warrant
Officer Bertin Ateba, who was fined 25,000 CFA francs ($50) in December
for assault on a superior and others. While not providing the date of
sentencing in the following cases, the report also noted that Police
Constable Theophile Ouaboube Zengoba was sentenced to five years in
prison for ``dangerous carriage of arms and simple harm,'' and Police
Constable Michel Mbock Mbock was fined 50,000 CFA francs ($100) and
court costs for unspecified charges.
In 2009 the Military Tribunal of Yaounde tried 15 soldiers and
gendarmes for crimes ranging from corruption to murder; 13 of the 15
were sentenced to at least one year in prison, and one was sentenced to
death (see section 1.a.). Another 55 soldiers and gendarmes were being
detained and awaiting trial for crimes, including false arrest,
assault, torture, and murder.
In May the penitentiary administration of the Ministry of Justice
organized a four-day workshop for penitentiary officials and prison
superintendents on respecting prisoner rights.
Arrest Procedures and Treatment While in Detention.--The law
requires that police obtain a warrant for an arrest, except when a
person is caught in the act of committing a crime; however, police
often did not respect this requirement. The law provides that detainees
be brought promptly before a magistrate; however, this frequently did
not occur. Police legally may detain a person in connection with a
common crime for up to 48 hours, renewable once. This period may, with
the written approval of the State Counsel, be exceptionally extended
twice before bringing charges; however, police occasionally exceeded
these detention periods. The law permits detention without charge--or
renewable periods of 15 days--by administrative authorities such as
governors and civilian government officials serving in territorial
command. The law also provides for access to legal counsel and family
members; however, detainees were frequently denied access to both. The
law permits bail, allows citizens the right to appeal, and provides the
right to sue for unlawful arrest, but these rights were seldom
exercised.
Police and gendarmes frequently arrested persons on Friday
afternoons, although the number of such cases decreased during the
year, according to NGOs and legal practitioners. Although the law
provides for judicial review of an arrest within 24 hours, the courts
did not convene on weekends, so individuals arrested on a Friday
typically remained in detention until Monday at the earliest. According
to some reports, police and gendarmes occasionally made such ``Friday
arrests'' on spurious charges after accepting bribes from persons who
had private grievances. Security forces and government authorities
reportedly continued to arbitrarily arrest and detain persons, often
holding them for prolonged periods without charges or trial and, at
times, incommunicado.
Police arbitrarily arrested persons without warrant during
neighborhood sweeps for criminals and stolen goods. Citizens were
required to carry identification with them at all times, and police
frequently arrested persons without identification during sweeps. On
September 8, October 8, October 23, and October 26, police conducted
such sweeps in the Yaounde neighborhoods of Obobogo, Mimboman, Nsam,
Elig Edzoa, and Manguier; hundreds of persons were arrested. While
security forces subsequently released some detainees, others were kept
and transferred to the Prosecutor's Office on various charges,
including theft, aggression, and evasion.
The Delegate General for National Security (DGSN) claimed a policy
of zero tolerance for police harassment; however, police and gendarmes
subjected undocumented immigrants from Nigeria and Chad to harassment
and imprisonment. During raids members of the security forces extorted
money from those who did not have regular residence permits or who did
not have valid receipts for store merchandise. Some members of the
country's large community of Nigerian immigrants complained of
discrimination and abuse by government officials.
During the year the Government arrested Southern Cameroons National
Council (SCNC) activists for participating in SCNC activities (see
section 3).
Security forces arrested a human rights activist during the year
(see section 5).
Security forces arbitrarily arrested leaders of the Cameroonian
Union of Journalists during a demonstration during the year (see
section 2.b.).
Unlike in the previous year, police did not arbitrarily arrest
women on the street suspected of prostitution.
Approximately 220 persons arrested during the 2008 riots remained
imprisoned at year's end; all had been tried and convicted. An
estimated 500 prisoners with lesser sentences were released during the
year and in 2009 as a result of presidential amnesties; 951 detainees
were released several days after their 2008 arrest.
In 2008 the Government claimed it arrested 1,671 persons during the
riots, although NGOs claimed the number was higher and that security
forces arrested scores of onlookers not directly involved in
demonstrations or rioting.
In the North and Far North regions, the Government continued to
permit traditional chiefs, or lamibe, to detain temporarily persons
outside the Government penitentiary system, in effect creating private
prisons, until they transferred them to the police or gendarmerie and
the judicial system (see section 1.c.). During the year the Government
sentenced traditional ruler Jean Claude Enyegue Atanga to 20 years'
imprisonment for false arrest.
The law provides for a maximum of 18 months' detention before
trial; however, lengthy pretrial detention was a serious problem.
According to government statistics released in May, pretrial detainees
represented 68 percent of the approximately 12,510 inmates in the
country's 10 central prisons; 2009 statistics indicated that 62 percent
of inmates in the country's main and secondary prisons were pretrial
detainees. Many pretrial detainees had been awaiting trial for five to
10 years, according to a 2008 statement by the Cameroon Bar
Association. The law precludes holding juvenile detainees more than
three months after the conclusion of an investigation; however,
juveniles were sometimes held for more than a year. The high number of
pretrial detainees was due to judicial inefficiency, staff shortages,
and corruption. The bar association attributed lengthy pretrial
detention to a shortage of lawyers and lost files due to an inadequate
tracking system.
e. Denial of Fair Public Trial.--The constitution and law provide
for an independent judiciary; however, the judiciary remained corrupt,
inefficient, and subject to political influence. The court system is
subordinate to the Ministry of Justice. The constitution names the
president as ``first magistrate,'' thus ``chief'' of the judiciary and
the theoretical arbiter of any sanctions against the judiciary,
although the president has not publicly played this role. The
constitution specifies that the president is the guarantor of the legal
system's independence. He also appoints all judges with the advice of
the Higher Judicial Council.
On at least one occasion during the year, however, the judiciary
demonstrated independence. On November 4, the Military Chamber of the
Yaounde Court of Appeal overruled a decision of the military tribunal,
which in March 2009 had sentenced journalists Jacques Blaise Mvie and
Charles New and soldier Jeremie Doko to five years in jail following a
complaint filed by former minister of defense Remy Ze Meka. The charges
included calumny, offense to a government member, and the divulging of
defense secrets. According to the Court of Appeal, the facts
incriminating the three accused had not been established.
The legal system includes both national and customary law, and many
criminal and civil cases can be tried using either one. Criminal cases
were generally tried in statutory courts.
Customary courts served as a primary means for settling domestic
cases, such as succession, inheritance, and child custody. Customary
courts may exercise jurisdiction in a civil case only with the consent
of both parties. Either party has the right to have a case heard by a
statutory court and to appeal an adverse decision by a customary court
to the statutory courts. Customary court convictions involving
witchcraft are automatically transferred to the statutory courts, which
act as the court of first instance.
Customary law is deemed valid only when it is not ``repugnant to
natural justice, equity, and good conscience.'' However, many citizens
in rural areas remained unaware of their rights under civil law and
were taught that they must abide by customary laws. Customary law
ostensibly provides for equal rights and status; however, men may limit
women's rights regarding inheritance and employment, and some
traditional legal systems treat wives as the legal property of their
husbands. Customary law practiced in rural areas is based upon the
traditions of the ethnic group predominant in the region and
adjudicated by traditional authorities of that group.
Military tribunals may exercise jurisdiction over civilians when
the president declares martial law and in cases involving civil unrest
or organized armed violence. Military tribunals also have jurisdiction
over gang crimes, banditry, and highway robbery. The Government
interpreted these guidelines broadly and sometimes used military courts
to try matters concerning dissident group members who used firearms.
In May the Ministry of Justice organized a refresher course for all
magistrates on ways of effectively applying international norms
relating to human rights.
Trial Procedures.--The law provides for a fair public hearing in
which the defendant is presumed innocent. There is no jury system.
Defendants have the right to be present and to consult with an attorney
in a timely manner, and the Government generally respected this right.
Defendants generally were allowed to question witnesses and to present
witnesses and evidence on their own behalf. Defendants had access to
government-held evidence relevant to their cases and could appeal their
cases. Because appointed attorneys received little compensation, the
quality of legal representation for indigent clients often was poor.
The bar association and some voluntary organizations such as the
Cameroonian Association of Female Jurists offered free assistance in
some cases. The European Union-funded program for the improvement of
the condition of detainees and human rights (PACDET II) also allowed
lawyers to continue to offer free assistance to 3,000 detainees.The
April 2009 legal aid bill to facilitate judicial access for all
citizens was not implemented during the year. In April 2009 the
president signed into law a legal aid bill to facilitate judicial
access for all citizens. The new law establishes legal aid commissions
at the courts of first instance, high courts, military tribunals,
courts of appeal, and the Supreme Court. The law also specifies the
conditions for legal aid applications, explains the effects of legal
aid, and identifies the conditions for withdrawal of such aid. In 2009
lawyers and human rights organizations observed several violations of
the criminal procedure code in the Government's response to the
February 2008 unrest. Some detainees in police or gendarmerie cells did
not receive medical assistance or access to an attorney. Jean de Dieu
Momo, a human rights lawyer, and Madeleine Afite, a representative of
Action of Christians for the Abolition of Torture, publically denounced
these violations. Afite stated that arrested minors received no
assistance from their parents, attorneys, or human rights
organizations, as the code mandates.
Political Prisoners and Detainees.--There were reports of political
detainees, which included citizens purportedly advocating secession
through an illegal organization (see section 3).
During the year the Yaounde High Court repeatedly postponed the
trial of two detainees widely considered by human rights NGOs to be
political prisoners. Titus Edzoa, former minister of health and long-
time aide to President Biya, and Michel Thierry Atangana, Edzoa's 1997
campaign manager, were arrested in 1997, three months after Edzoa
resigned from the Government and launched his candidacy for president.
They were convicted on charges of embezzling public funds and sentenced
to 15 years in prison. Both Edzoa and Atangana complained of
irregularities in their trials and restricted access to counsel. At the
end of 2009, the prosecutor filed new charges against both men for
embezzlement, and hearings started a few weeks later.
Civil Judicial Procedures and Remedies.--The constitution and law
provide for an independent civil judiciary; however, the judiciary
remained subject to executive influence, and corruption and
inefficiency remained serious problems. Citizens have the right to seek
redress for alleged wrongs through administrative procedures or through
the legal system, although both options involved lengthy delays. There
were problems enforcing civil court orders due to bureaucratic
inefficiency and delay.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The constitution and law prohibit such actions;
however, these rights were subject to restriction by the ``higher
interests of the state,'' and there were credible reports that police
and gendarmes harassed citizens, conducted searches without warrants,
and opened or seized mail with impunity. The Government continued to
keep some opposition activists and dissidents under surveillance.
Police sometimes detained family members and neighbors of criminal
suspects.
The law permits a police officer to enter a private home during
daylight hours without a warrant if he is pursuing a criminal suspect.
A police officer may enter a private home at any time in pursuit of a
person observed committing a crime.
Unlike in the previous year, there were no reports that police put
the houses of SCNC officials and activists under surveillance, searched
the houses of SCNC leaders, or disrupted SCNC meetings in private
residences. The SCNC is an anglophone group the Government considers
illegal because it advocates secession. The group does not have legal
status as it has never filed an application to become either a
political party or other legally recognized organization.
An administrative authority, including a governor or prefect, may
authorize police to conduct neighborhood sweeps without warrants. Such
sweeps at times involved forced entry into homes in search of suspected
criminals or stolen or illegal goods. Security forces sometimes sealed
off a neighborhood, systematically searched homes, arrested persons,
sometimes arbitrarily, and seized suspicious or illegal articles (see
section 1.d.). Citizens without identification cards were detained
until their identity could be established and then released. There were
several complaints that police arbitrarily confiscated electronic
devices and cell phones.
Unlike in the previous year, there were no reports that traditional
chiefs arbitrarily evicted persons from their land.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The law provides for freedom of
speech and of the press; however, the Government severely restricted
these rights in practice. Security forces allegedly tortured and
arrested, detained, harassed, and intimidated journalists during the
year, particularly those that covered official corruption. One such
journalist died in prison during the year as a result of inadequate
medical care. The Government enforced media regulations irregularly,
often implementing arduous requirements selectively for regime critics.
Government officials used expansive libel laws to arraign journalists
who criticized them. Attacks on journalists dramatically increased
during the year, according to members of the African Federation of
Journalists, the Union of Communication Professionals in Africa, and
the National Syndicate of Cameroon Journalists. Journalists and media
outlets practiced self-censorship.
Government officials threatened, harassed, and denied equal
treatment to individuals or organizations that criticized government
policies or expressed views at odds with government policy.
For example, information surfaced during the year that in January
2009 a security officer arrested Roland Fube Fonwi Tita, a chemistry
teacher at the English High School in Yaounde, for plotting to
assassinate the president and some ministers; the security official had
overheard Fube criticize the president during a taxi ride with other
passengers. Fube was taken to a gendarmerie and later released. On
February 4, Fube was detained and charged with making disparaging
remarks about the president. On March 3, he was released on bail, and
the case remained pending at year's end.
On March 8, gendarmes arrested and detained Bertrand Teyou for
talking about the president in ``insidious terms'' during the
dedication ceremony on the same day of his book The Antecode Biya.
Teyou was subsequently charged with conspiracy, incitement to
rebellion, attempt to disturb public order, and perilous activity.
Teyou, who was detained for eight days, was again arrested and detained
on November 9 in connection with the release of another book, The
Beauty of the Banana Republic: Chantal Biya, From the Street to the
Palace. On November 19, the Douala Court of First Instance found Teyou
guilty of defamation, insult, and illegal protest, and sentenced him to
pay a fine of two million CFA francs ($4,000). Teyou, who could not pay
the fine, remained in jail at year's end.
During the year approximately 200 privately owned newspapers were
published; however, only an estimated 25 had sufficient funds to
publish regularly. Independent newspapers continued to criticize the
Government and report on controversial issues, including corruption,
human rights abuses, homosexual practices, and economic policies. The
Government continued to disburse official funds to support private
press outlets, although it dispersed funds selectively to outlets that
were less critical of the Government and with instructions to provide
reporting favorable to the regime.
Security forces arrested numerous journalists during the year.
On February 5, DGRE officers arrested without charge and detained
incommunicado Serges Sabouang, editor of the bi-monthly La Nation, and
Simon Herve Nko'o, a reporter with the weekly Bebela, for one week for
illegally possessing a document that could tarnish the image of
government officials. The document allegedly implicated Laurent Esso,
the secretary general of the presidency and board chairman of the
state-run National Hydrocarbons Company, in secret payouts totaling 1.3
billion CFA francs ($2.6 million) to three government officials
involved in the 2008 purchase of an offshore vessel, reportedly
purchased to entertain potential investors. According to the CPJ, which
obtained a copy of a February 22 medical certificate detailing the
condition of Nko'o upon release, security agents used torture to force
Nko'o to reveal his sources. The certificate revealed that Nko'o had
bruises on the soles of his feet, and the journalist told the doctor
that he had been subjected to water boarding, sleep deprivation, and
exposure to cold. Sabouang was interrogated, but not tortured.
Also on February 5, DGRE agents briefly detained and interrogated
for 12 hours Robert Mintya, editor of the weekly Le Devoir, and Germain
Ngota (Bibi) Ngota, editor and founder of the independent bimonthly
Cameroon Express, in connection with the same document. Ngota
subsequently went into hiding.
On February 26, police in Yaounde rearrested Mintya, Ngota (who had
resurfaced), and Sabouang for forging the signature of a government
official on the same document; the charge constitutes a criminal
offense and is punishable by up to 15 years' imprisonment. Police
released the three journalists a few days later; however, on March 10,
they were rearrested and detained at Kondengui Prison in Yaounde. On
April 22, Ngota, who suffered from gout, joint pain, high blood
pressure, and a hernia, died from lack of medical attention. According
to local media, Ngota's mother tried unsuccessfully to get relevant
authorities to pay attention to Ngota's medical situation. A subsequent
government investigation claimed Ngota died of AIDS-related
complications. Following strong international pressure, the Government
on November 25 released Mintya and Sabouang on their own recognizance,
although both journalists still faced sentences of up to 20 years'
imprisonment.
According to information made public during the year and released
by the CPJ, the Government in 2009 lodged criminal charges against four
leading journalists and an academic for commenting during a 2008
television program on the case of Yves Michel Fotso, a former executive
at the national airline charged with corruption. Among those named was
Spectrum TV Editor-in-Chief Thierry Ngogang, freelance journalist Alex
Gustave Azebaze, Canal 2 International reporter Anani Rabier Bindze,
and Jean-Marc Soboth, a prominent journalist and leading press freedom
activist charged with ``biased commentary'' and ``unauthorized
disclosure of a confidential document.'' In January Soboth went into
hiding after receiving anonymous death threats, according to local
journalists.
Security forces obstructed journalists from reporting on the cases
of former officials indicted in Operation Sparrowhawk, an official
investigation of former officials accused of mismanaging public funds.
According to the CPJ, for example, on January 17, officers at the State
Secretariat for Defense in Yaounde briefly detained Nadege Christelle
Bowa and confiscated her notes from an interview with Thierry Michel
Atangana, a former presidential adviser, on corruption charges. On
February 24, police detained reporter Justin Blaise Akono and forced
him to delete courtroom photos taken during a hearing in the trial of
Titus Edzoa, a former presidential adviser accused of embezzlement.
According to the CPJ, the trial continued of Editor-in-Chief Charly
Ndi Chia and Yaounde Bureau Chief Yerima Kini Nsom of the English-
language biweekly The Post over an October 2009 story referencing the
criminal case of Doh Gah Gwanyin III, a former local official convicted
of involvement in the murder of an opposition politician in 2006.
Following the first hearing in November 2009, the trial was repeatedly
delayed due to the plaintiff's health.
Press freedom is constrained by strict libel laws that suppress
criticism. These laws authorize the Government, at its discretion and
the request of the plaintiff, to criminalize a civil libel suit or to
initiate a criminal libel suit in cases of alleged libel against the
president and other high government officials. Such crimes are
punishable by prison terms and heavy fines. The libel law places the
burden of proof on the defendant. Government officials abused this law
to keep local journalists from reporting on corruption and abusive
behavior.
There were developments in several 2009 libel cases.
On January 13, Jean Bosco Talla, editor of the independent weekly
Germinal, was released from Kondengui Prison after he paid a three
million CFA francs ($6,000) fine. In December 2009 Talla was sentenced
to the fine and a suspended one-year prison term for alleged libel
against President Biya, who Talla claimed had betrayed a ``secret
homosexual pact'' with former president Ahidjo.
On January 30, the Yaounde Court of Appeals confirmed the October
2009 sentence imposed by a lower court of 14 months in prison and a
fine of one million CFA francs ($2,000), damages of five million CFA
francs ($10,000), and costs of 265,000 CFA francs ($530) against Michel
Mombio, editor of the independent newspaper L'Ouest Republicain; Mombio
was charged with fraud, attempted blackmail, and libel after he wrote
an article criticizing cabinet officials. On February 15, the court
released Mombio on bail after he paid the fines.
Also on January 30, the Douala Court of Appeals confirmed the
three-year prison sentence imposed by a lower court in January 2009 on
Lewis Medjo, publisher of La Detente Libre, who was arrested in 2008.
Medjo was released on May 26, following a meeting between President
Biya and UN Secretary General Ban Ki-moon.
On September 25, the Union of Press Editors of Central Africa
issued a press release on behalf of Guy Constantin Moussi, publisher of
the Indices newspaper; Moussi was tried during the year for publishing
an article in March that accused Elajeli Musbah of trafficking in
foreign currency. According to the union's press release, Elajeli
Musbah, the local representative of Libyan airline Afriqiyah, had
exerted strong pressure on magistrates to condemn the publisher. The
December 16 hearing on the case in the Douala first instance court was
postponed to January 2011.
Radio remained the most important medium and reached most citizens.
There were approximately 70 privately owned radio stations operating in
the country, three-fourths of them in Yaounde and Douala. Television
had lower levels of penetration than print media but was more
influential in shaping public opinion in urban areas. There was one
private cable television network. The five independent television
stations skirted criticism of the Government, although their news
broadcasts sometimes focused on poverty, unemployment, and poor
education, pointing to the role of government neglect and corruption.
The state-owned Cameroon Radio and Television (CRTV) broadcast on both
television and radio. The Government levied taxes to finance CRTV
programming, which gave CRTV a distinct advantage over independent
broadcasters.
The Government required nonprofit rural radio stations to submit
applications to broadcast, but they were exempt from licensing fees.
Potential commercial radio and television broadcasters must submit a
licensing application and pay an application fee with the application.
After a license is issued, stations must pay an annual licensing fee,
which was expensive for some stations. Although the Government did not
issue new broadcast licenses during the year, companies operated
without them under a government policy of administrative tolerance.
On January 3, the minister of communication authorized the
reopening of the Sky One FM Radio station, which he closed in August
2009 after the station refused to stop broadcasting the program Le
Tribunal, which allowed listeners to air grievances and seek
assistance. The radio station complied with the minister's demands,
which included cancelling Le Tribunal.
Several rural community radio stations functioned with funding from
the UN Educational, Scientific, and Cultural Organization and foreign
countries. The Government prohibited these stations from discussing
politics.
The law permits broadcasting by foreign news services that partner
with national stations. The BBC, Radio France International, and
Africa1 broadcast in partnership with CRTV.
The Government was the largest advertiser in the country. Some
private media enterprises reported that government officials used the
promise of advertising (or the threat of withholding it) to influence
reporting of the Government's activities.
On March 9, the CPJ wrote a letter to President Biya expressing
concern about ongoing abuses against press freedom. The CPJ called on
the president to hold members of his administration accountable for
using security forces and criminal laws to settle scores with the media
and urged the president to initiate reforms that would refer matters of
defamation to civil courts.
Internet Freedom.--There were no government restrictions on access
to the Internet or reports that the Government monitored e-mail or
Internet chat rooms. Individuals and groups could engage in the
peaceful expression of views via the Internet, including by e-mail.
According to International Telecommunication Union statistics for 2009,
Internet penetration in the country was approximately 2.2 percent.
Academic Freedom and Cultural Events.--Although there were no legal
restrictions on academic freedom, state security informants reportedly
operated on university campuses. Professors said that participation in
opposition political parties or public criticism of the Government
could affect their professional opportunities.
b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The law provides for freedom of assembly; however, the
Government restricted this right in practice. The law requires
organizers of public meetings, demonstrations, and processions to
notify officials in advance but does not require prior government
approval of public assemblies and does not authorize the Government to
suppress public assemblies that it has not approved in advance.
However, officials routinely asserted that the law implicitly
authorizes the Government to grant or deny permission for public
assembly. Consequently, the Government often refused to grant permits
for assemblies organized by persons or groups critical of the
Government and used force to suppress public assemblies for which it
had not issued permits.
Authorities refused to grant the SCNC permission to hold rallies
and meetings, and security forces arrested and detained SCNC activists
(see section 3). Security forces forcibly disrupted demonstrations,
meetings, and rallies of citizens, trade unions, and political
activists throughout the year. The use of excessive force by security
forces resulted in numerous injuries.
The Government banned some union activities during the year (see
section 7.a.).
On May 3, security forces prevented approximately 200 members of
the Union of Cameroonian journalists (UCJ) from holding a sit-in near
the Office of the Prime Minister; the journalists were assembling to
protest the harassment, arrest, and detention of their colleagues and
the death in prison of Bibi Ngota (see section 2.a.). Police used
batons on the journalists, several of whom sustained minor injuries
along with damage to their clothes and loss of personal property. In
justifying the ban, police claimed the UCJ had not provided ample
notice of the event to the appropriate authority.
On August 25, security officers disrupted a press conference that
the Republican Forum, a newly created opposition party, organized at
the Djeuga Palace in Yaounde. The officers harassed the organizers,
while claiming that the conference was illegal. Party Chairman Roland
Romain Kouotou denied the allegations and brandished an authorization
letter issued by the sous-prefet of Yaounde I.
Freedom of Association.--The law provides for freedom of
association, but the Government limited this right in practice. The law
prohibits organizations that advocate any type of secession, resulting
in the disruption of SCNC meetings on the grounds that the purpose of
the organization rendered any meetings illegal.
On October 1, which the SCNC commemorates as independence day for
``Southern Cameroons,'' security forces disrupted SCNC meetings and
rallies in Tiko, Buea, Bamenda, and Kumbo.
The conditions for government recognition of political parties,
NGOs, or associations were arduous, interminable, and unevenly
enforced. The process forced most associations to operate in
uncertainty, in which their activities were tolerated but not formally
approved.
c. Freedom of Religion.--For a description of religious freedom,
please see the 2010 International Religious Freedom Report at
www.state.gov/g/drl/rls/irf/rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--Although the constitution and law
provide for freedom of movement within the country, foreign travel,
emigration, and repatriation, security forces routinely impeded
domestic and international travel during the year. The Government
cooperated with the UN High Commissioner for Refugees (UNHCR) and other
humanitarian organizations in assisting refugees and asylum seekers.
Security forces at roadblocks and checkpoints in cities and on most
highways extorted bribes and harassed travelers. Police frequently
stopped travelers to check identification documents, vehicle
registrations, and tax receipts as security and immigration control
measures. There were credible reports that police arrested and beat
individuals who failed to carry their identification cards as required
by law (see section 1.d.).
The law prohibits forced exile, and the Government did not use it;
however, some human rights monitors and political opponents remained in
self-imposed exile because they felt threatened by the Government.
Internally Displaced Persons (IDPs).--In 2005 between 10,000 and
15,000 persons in and around the Adamaoua Region villages of Djohong
and Ngaoui were displaced following attacks and looting by unidentified
armed groups from the Central African Republic (CAR). Officials in the
Adamaoua Region administration reported that hundreds of IDPs remained.
During the year the Government worked with UNHCR to protect and
assist IDPs.
Protection of Refugees.--The country's laws provide for the
granting of asylum or refugee status, and the Government has
established a system of providing protection to refugees. The
Government granted refugee status or asylum. In practice the Government
provided protection against the expulsion or return of refugees to
countries where their lives or freedom would be threatened on account
of their race, religion, nationality, membership in a particular group,
or political opinion.
The Government provided temporary protection under the 1951 UN
Convention relating to the Status of Refugees and its 1967 Protocol and
provided it to more than 101,000 persons, including 80,000 from CAR,
3,000 from Chad, and 4,000 from Nigeria.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The law provides citizens with the right to change their government
peacefully; however, President Biya and the CPDM party controlled the
political process, including the judiciary and agencies responsible for
the conduct and oversight of elections.
In 2008 the National Assembly passed a constitutional amendment
that removed presidential term limits and added provisions for
presidential immunity. Although considerable national discussion of the
proposal ensued, the National Assembly ultimately passed the revisions
in a manner that allowed no debate and underscored the CPDM's
unfettered control of all government branches. Neither the electorate
nor its elected representatives had an opportunity to affect the
outcome of the constitutional exercise.
Elections and Political Participation.--During the 2007 legislative
elections, observers witnessed poor supervision at the polling stations
and lax application of the electoral law. An unnecessarily complex
registration process effectively disenfranchised numerous voters. The
Government failed to implement promised electoral improvements, such as
the provision of indelible ink--an internationally recognized safeguard
against multiple voting--to many polling stations. In addition, despite
efforts to computerize voter registration, the lists still included
numerous errors.
The Supreme Court received more than 130 complaints from political
parties after the elections, but dismissed the majority of them on
technical grounds. However, the court ordered new elections in five
constituencies for 17 parliamentary seats, which were held in 2007; the
CPDM won 13 seats and opposition parties four. Observers noted some
irregularities and low voter turnout.
In 2008 the Government's National Elections Observatory, which was
responsible for ensuring electoral fairness, published its assessment
of the 2007 legislative and municipal elections. The report cited
shortcomings due to lack of coordination between the various electoral
commissions and a lack of clear, uniform procedures for the various
stages of the electoral process, particularly the registration process.
In 2004 President Biya, who has controlled the Government since
1982, was reelected with approximately 70 percent of the vote in an
election that was poorly managed and marred by irregularities, in
particular in the voter registration process, although widely viewed as
more free and fair than previous elections. Although most international
observers agreed that it reflected the will of the voters, the
Commonwealth Observer Group maintained that the election lacked
credibility.
All members of Elections Cameroon (ELECAM), the electoral body
responsible for the preparation and organization of elections, were
appointed by the president. Most board members were active CPDM
members. Many in the international community publicly questioned the
independence and credibility of ELECAM, given the partisan nature of
its council membership.
The right of citizens to choose their local governments remained
circumscribed. The Government greatly increased the number of
municipalities run by presidentially appointed delegates, who have
authority over elected mayors, effectively disenfranchising the
residents of those localities. Delegate-run cities included most of the
provincial capitals and some division capitals in pro-opposition
regions; however, this practice was almost nonexistent in the southern
regions, which tended to support the ruling CPDM party. In
municipalities with elected mayors, local autonomy was limited, since
elected local governments relied on the central government for most of
their revenue and administrative personnel.
There were more than 253 registered political parties. Fewer than
10, however, had significant levels of support, and only five had seats
in the National Assembly. The CPDM held an absolute majority in the
National Assembly. Opposition parties included the SDF, based in the
anglophone regions and some major cities, the National Union for
Democracy and Progress, the Cameroon Democratic Union, and the Union of
the Peoples of Cameroon.
Membership in the ruling political party conferred significant
advantages, including in the allocation of key jobs in parastatals and
the civil service. The president appoints all ministers, including the
prime minister, and also directly appoints the governors of each of the
10 regions. The president has the power to appoint important lower
level members of the 58 regional administrative structures as well.
Onerous requirements for registration of parties and candidates
restricted political activity.
Natives of the North West and South West regions tended to support
the opposition SDF party and consequently suffered disproportionately
from human rights abuses committed by the Government and its security
forces. The anglophone community complained of being underrepresented
in the public sector. Although citizens in certain francophone areas--
the East, Far North, North, and Adamaoua Regions--voiced similar
complaints about under-representation and government neglect,
anglophones claimed they had not received a fair share of public sector
goods and services within their two regions. Many residents of the
anglophone regions sought greater freedom, equality of opportunity, and
better government by regaining regional autonomy rather than through
national political reform, and have formed several quasipolitical
organizations in pursuit of their goals.
Authorities sometimes refused to grant opposition parties
permission to hold rallies and meetings.
During the year the Government arrested SCNC activists for
participating in SCNC activities. The Government considered the SCNC
illegal because it advocates secession and has never registered as a
political party or organization.
On September 29, security forces in Kumbo, North West Region,
arrested and briefly detained five SCNC activists who were gathering
material to commemorate the 49th anniversary on October 1 of the
independence of West Cameroon, an anniversary not recognized by the
Government.
On October 1, police in Tiko, South West Region, arrested and
briefly detained an SCNC activist for hoisting the SCNC flag in
commemoration of October 1. Police later released him.
Women held 23 of 180 seats in the National Assembly, six of 61
cabinet posts, and a few of the higher offices within the major
political parties, including the ruling CPDM.
Pygmies were not represented in the National Assembly or in the
higher offices of government.
Section 4. Official Corruption and Government Transparency
The law provides criminal penalties for official corruption;
however, the Government did not implement the law effectively, and
officials frequently engaged in corrupt practices with impunity. The
World Bank's 2009 Worldwide Governance Indicators reflected that
corruption was a severe problem. The public perception was that
judicial and administrative officials were open to bribes in almost all
situations. Corruption was pervasive at all levels of government.
During the year the Government sanctioned dozens of government
employees, particularly those from previous administrations, for
corruption and mismanagement.
The National Anticorruption Commission (CONAC) is the country's
principal independent anticorruption agency; however, it was
subservient to the president. In 2009 CONAC received 312 petitions
concerning corruption and related offenses, of which 238 resulted in
prosecution. The National Financial Investigations Unit (ANIF), a
separate financial intelligence unit that tracks money laundering, has
referred to judicial authorities 104 of 450 reports received of
suspicious transactions since ANIF's creation in May 2005; the ANIF has
been informed of no trials or hearings addressing any of the 104
reports referred.
Police were corrupt. Individuals reportedly paid bribes to police
and the judiciary to secure their freedom. Police demanded bribes at
checkpoints, and influential citizens reportedly paid police to make
arrests or abuse individuals involved in personal disputes.
Police were sanctioned for corruption during the year.
For example, on January 18, DGSN Director Emmanuel Edou suspended
Police Inspector Eric Brice Essama, who served at the public security
office in Nkoteng, Center Region, for three months without pay for
extortion and indiscipline; legal action was pending at year's end.
On May 5, Edou suspended Second Grade Police Officer Zaza Mahamat
for three months without pay for embezzlement of public funds and
breach of trust; the case was pending prosecution at year's end.
Judicial corruption was a problem. According to several press
reports, judicial authorities accepted illegal payments from detainees'
families in exchange for a reduction in sentence or the outright
release of their relatives. Political bias by judges (often instructed
by the Government) frequently stopped or delayed judicial proceedings.
Many powerful political or business interests enjoyed virtual immunity
from prosecution, and politically sensitive cases sometimes were
settled through bribes.
During the year security forces arrested for corruption several
former government officials, who generally were held in separate
quarters and received preferential treatment.
On January 6, police arrested and detained Haman Adama, former
minister of basic education, and Roger Ntongo Onguene, former general
manager of Cameroon Airports, on corruption charges. Both former
officials, who were accused of embezzling public funds worth hundreds
of millions of CFA francs, were in pretrial detention at year's end.
On January 12, police arrested and detained Catherine Abena, former
secretary of state for secondary education, on embezzlement charges. At
year's end Abena was being detained in Kondengui Prison awaiting trial.
On August 12, CONAC informed the public that the corruption
investigations of 47 officials in the Ministry of Agriculture had been
completed and that the cases had been transferred to the judiciary for
prosecution; the 47 were allegedly involved in the embezzlement of
public funds intended to boost corn production.
On October 6, the Wouri High Court opened hearings in the trial of
Paul Ngamo Hamani, former general manager of Cameroon Airlines, who was
arrested in March 2009 for embezzlement. The trial was ongoing at
year's end.
According to the Report by the Ministry of Justice on Human Rights
in Cameroon in 2009, dozens of judicial proceedings were instituted
against persons for alleged misappropriation of public funds in public
and semi-public enterprises in 2009. For example, in the Yaounde High
Court, preliminary inquiries were opened into 49 cases of
misappropriation of public funds; 64 cases were pending hearing and
determination; and 31 judgments were delivered, of which 16 were
appealed.
According to the Report by the Ministry of Justice on Human Rights
in Cameroon in 2009, in June 2009 the Douala Court of Appeals sentenced
Alphonse Siyam Siwe and two other defendants to life imprisonment for
embezzlement; the lower court had issued 30-year sentences. Among
others accused in the case, one was sentenced to 25 years in prison,
eight to 15 years, and another to one year. In addition, the court
reversed the Wouri Higher Court's acquittal of seven defendants and
sentenced six to 15 years' imprisonment and the seventh to one year in
prison.
Jerome Mendouga, a former ambassador who was arrested in April 2009
for embezzlement in connection with the purchase of a presidential
plane, remained in pretrial detention at year's end.
There were no developments in the 2009 corruption case of Dieudonne
Ambassa Zang, a CPDM deputy whose parliamentary immunity was lifted in
August 2009. Ambassa Zang had not been arrested by year's end and was
believed to have fled the country.
There were no developments in the August 2009 arrest and detention
of Jean-Baptiste Nguini Effa, former general manager of the Government-
owned National Petroleum Distribution Company, along with six of his
close collaborators, for embezzlement. Nguini and the other six
remained in pretrial detention at year's end.
The following developments occurred in 2008 corruption cases.
On February 16, the Yaounde High Court began the trial of Urbain
Olanguena Awono, former minister of public health, who was arrested in
2008 on embezzlement charges. The trial was ongoing at year's end.
On March 17, the Yaounde High Court began the trial of Polycarpe
Abah Abah, a former minister of finance who was arrested in 2008 for
allegedly embezzling more than two billion CFA francs ($4 million)
while in charge of collecting taxes. The ongoing trial has been
postponed numerous times due to the defendant's health and a pending
government appeal of a judge's decision to dismiss some of the charges
against him.
On July 29, the Yaounde High Court began the trial of Jean Marie
Atangana Mebara, a former secretary general of the presidency, who was
arrested in 2008 for embezzlement in connection with the purchase of an
airplane for President Biya that resulted in the loss of more than 15
billion CFA francs ($30 million) to the treasury. Mebara's trial has
been postponed several times because only one out of the required three
judges was present.
On October 28, the Douala High Court sentenced Zacchaeus Mungwe
Forjindam, former general manager of the Cameroon Shipyard and
Engineering Company, to 12 years in jail and confiscation of personal
property for embezzling public funds. Forjindam, who was arrested in
2008, had appealed a lower court's decision. The court also imposed an
850 million CFA francs ($1.7 million) fine in damages on Forjindam and
his co-accused.
There were no developments in the 2008 corruption case of Paulin
Abono Moampamb, a former secretary of state and mayor of Yokadouma, who
was arrested and detained for embezzlement.
The constitution and law require senior government officials,
including members of the cabinet, to declare their assets; however, the
president had not issued the requisite decree to implement the law by
year's end.
There are no laws providing citizens with access to government
information, and such access was difficult to obtain. Most government
documents, such as statistics, letters exchanged between various
administrations, draft legislation, and investigation reports, were not
available to the public or the media.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights groups
investigated and published findings on human rights cases; however,
government officials repeatedly impeded the effectiveness of local
human rights NGOs during the year by harassing their members, limiting
access to prisoners, refusing to share information, threatening
violence, and using violence against NGO personnel.
Despite these restrictions, numerous independent domestic human
rights NGOs operated, including the National League for Human Rights,
the Organization for Human Rights and Freedoms, the Association of
Women against Violence, the Movement for the Defense of Human Rights
and Freedoms, and the Cameroonian Association of Female Jurists. The
Government collaborated with domestic NGOs to address child labor,
women's rights, and trafficking in persons.
Although the NCHRF remained hampered by a shortage of funds, during
the year it conducted a number of investigations into human rights
abuses, visited prisons, and organized several human rights seminars
for judicial officials, security personnel, and other government
officials. Although the commission rarely criticized the Government's
human rights abuses publicly, its staff intervened with government
officials in specific cases of human rights abuses by security forces.
During the year the NCHRF continued its efforts to stop ``Friday
arrests'' (the practice of detaining individuals on Friday to prolong
the time before court appearance) and sought to obtain medical
attention for jailed suspects. Government officials also attended
several seminars organized by the commission.
On June 24, in Douala, gendarmes in the Ndogbong neighborhood
arrested and detained Mboua Massock, a political and human rights
activist who was distributing tracts in the street; Massock was
released after two hours. According to the gendarmes, the message in
the tracts was likely to disturb public order. Massock had been
arrested twice in 2009 for defacing public property (disfiguring a
monument), a charge he did not contest.
There were no developments in the case of Aicha Ngo Eheg, a human
rights activist who was arrested, beaten, and stripped naked by Douala
antiriot police in February 2008; Ngo Eheg, along with other
demonstrators, had gathered in the Douala neighborhood of Bepanda to
march against constitutional changes to expand presidential power.
The Government cooperated with international governmental
organizations and permitted visits by UN representatives and other
organizations, including the ICRC.
Unlike in the previous year, when the Government denied visas to an
Amnesty International (AI) team following the release of the annual AI
report, the Government issued visas to two AI officials who visited the
country in August. During their 10-day visit, the two officials met
with senior government officials, including the prime minister and the
minister of justice. They also held meetings with the NCHRF and local
human rights NGOs.
The National Assembly's Constitutional Laws, Human Rights and
Freedoms, Justice, Legislation, Regulations, and Administration
Committee is charged with reviewing any human rights legislation the
Government submits for consideration.
On November 2, the Government published the Report by the Ministry
of Justice on Human Rights in Cameroon in 2009, which focused primarily
on enumerating government actions to address human rights issues, such
as judicial and disciplinary action taken against officials accused of
corruption or other inappropriate conduct. The report documented
hundreds of investigations, disciplinary actions, and prosecutions in
2009 (see sections 1.c., 1.d., and 4).
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The law does not explicitly forbid discrimination based on race,
language, or social status, but does prohibit discrimination based on
gender and mandates that ``everyone has equal rights and obligations.''
The Government, however, did not enforce these provisions effectively.
Violence and discrimination against women, trafficked persons, ethnic
minorities, and gays and lesbians were problems.
Women.--The law criminalizes rape and provides penalties of between
five and ten years' imprisonment for convicted rapists; however, police
and the courts rarely investigated or prosecuted rape cases. The law
does not address spousal rape. A study conducted in 2009 reported the
rapes of hundreds of thousands of young girls and women between 1970
and 2008 (see also section 6, Children.). Due to social taboos
associated with sexual violence, most rapes went unreported, and the
media reported only four rape cases during the year. It was unknown
whether any of the four cases resulted in prosecution. In June 2009 the
German Agency for International Cooperation, in collaboration with
local NGOs, launched a national campaign against rape, which continued
during the year.
The law does not specifically prohibit domestic violence, although
assault is prohibited and punishable by imprisonment and fines. In 2008
a study from La Maison des Droits de l'Homme, a Douala-based NGO,
reported that approximately 39 percent of women suffered from physical
violence. A 2005 survey cited by the Cameroon Tribune newspaper also
indicated that 39 percent of women living with a man (married or
unmarried) were victims of physical violence, and 28 percent were
victims of psychological violence. Women's rights advocates asserted
that penalties for domestic violence were insufficient. Spousal abuse
is not a legal ground for divorce.
The law does not prohibit sexual harassment. The Government did not
conduct any public education campaigns on the subject, and there were
no statistics available on its occurrence.
In rural northern areas, societal pressures continued to reinforce
taboos on discussing contraception and all other sex-related issues.
However, the Government, in cooperation with NGOs, conducted programs
designed to educate couples, especially men, to better understand the
positive aspects of responsible spacing between childbirths. In May,
during the launch of a campaign against maternal mortality, the
minister of public health revealed that 12 women a day in the country
lost their lives in childbirth and that the maternal mortality rate was
669 per 100,000 births. Prenatal care, skilled attendance during
childbirth, and postpartum care were not available to all women,
particularly to those living in rural areas. For several years the
Ministry of Public Health has produced radio and televised information
programs on responsible parenthood, including encouraging couples to
use contraception to space the timing of their children. Couples were
also encouraged to get HIV/AIDS testing prior to conception, and
efforts continued to increase HIV/AIDS testing for all pregnant women
at health clinics. Women were equally diagnosed and treated for
sexually transmitted infections, including HIV/AIDS, and all government
and civil society campaigns against the disease targeted men and women.
Despite constitutional provisions recognizing women's rights, women
did not enjoy the same rights and privileges as men, and some
provisions of civil law were prejudicial to women. For example, the law
allows a husband to deny his wife's right to work, and a husband may
also end his wife's right to engage in commercial activity by notifying
the clerk of the commerce tribunal. Customary law imposes further
strictures on women since in many regions a woman was regarded as the
property of her husband. Because of the importance of custom and
tradition, civil laws protecting women often were not respected. For
example, in some ethnic groups women were precluded from inheriting
from their husbands. The Ministry of Women's Empowerment and the Family
worked with other government agencies to promote the legal rights of
women.
Children.--Citizenship is derived from the parents, and it is the
parents' responsibility to register births. Parents must obtain a birth
declaration from the hospital or health facility in which the child was
born and complete the application. The mayor's office subsequently
issues the birth certificate once the file is completed and approved.
Because many children were not born in formal health facilities, and
many parents were unable to reach local government offices, many births
were unregistered; statistics on unregistered births were unavailable.
In recent years the Government created special civil status centers in
remote areas to enable rural residents to register their children.
Citizens unable to avail themselves of these resources often turned to
a thriving fabrication industry for birth certificates, which were
required to register children for school or obtain a national
identification card. The Government continued its program begun in 2005
to issue birth certificates to Baka, most of whom did not have birth
certificates (see section 6, Indigenous People.) The program also
assisted Baka in registering for school.
Schooling is mandatory through the age of 14; however, parents had
to pay uniform and book fees for primary school students and tuition
and other fees for secondary school students, rendering education
largely unaffordable for many children. The Government continued its
efforts under a three-year program to improve access to schools, such
as the construction of new classrooms, recruitment of new teachers, and
provision of water fountains.
According to 2008 UN Children's Fund (UNICEF) statistics, 77
percent of girls between the ages of six and 14 were enrolled in
primary school, compared with 88 percent of boys in the same age group.
According to a 2006 report from the presidency, the secondary school
enrollment ratio was 38 percent for boys and 37 percent for girls. The
low school enrollment rate was attributed to cost, with girls'
participation further reduced by early marriage, sexual harassment,
unwanted pregnancy, prejudice, and domestic responsibilities.
Child abuse was a problem, although no statistics were available.
Newspaper reports often cited children as victims of kidnapping,
mutilation, and even infanticide. There were credible stories of
mothers (usually young, unemployed, and unmarried) abandoning their
newborns in streets, garbage cans, and pit toilets.
The law does not prohibit FGM, which was practiced in isolated
areas of the Far North, East, and Southwest regions; statistics on its
prevalence were unavailable. Internal migration contributed to the
spread of FGM to different parts of the country. The majority of FGM
procedures were clitorectomies. The severest form of FGM, infibulation,
was performed in the Kajifu area of the Southwest Region. FGM usually
was practiced on infants and preadolescent girls. Public health centers
in areas where FGM was frequently practiced counseled women about the
harmful consequences of FGM; however, few perpetrators were caught in
the act, and the Government did not prosecute any persons charged with
perpetrating FGM. According to the Association to Fight Violence
against Women, FGM practitioners frequently conducted secret, rather
than open, ceremonies following the subjection of a girl to FGM.
Breast ironing, a procedure to flatten a young girl's growing
breasts with hot stones, victimized numerous girls in the country,
according to press reports. The procedure was considered a way to delay
a girl's physical development, thus limiting the risk of sexual assault
and teenage pregnancy. Girls as young as nine were subjected to the
practice, which resulted in burns, deformities, and psychological
problems.
While the minimum legal age for a woman to marry is 15, many
families facilitated the marriage of young girls by the age of 12.
Early marriage was prevalent in the northern regions of Adamaoua,
North, and particularly the remote Far North, where many girls as young
as nine faced severe health risks from pregnancies. There were no
statistics on the prevalence of child marriage.
Children under the age of 18 were engaged in prostitution, and the
problem was believed to be pervasive, although no statistics were
available.
A 2009 study conducted by the German development organization GTZ
reported that an estimated 432,000 women and girls have been raped in
the past 20 years: 20 percent of rapes were perpetrated by family
members, and the average age of victims was 15 years. According to
Flavien Ndonko, the head of GTZ's HIV/AIDS program, rape has steadily
increased, and only about one in 20 rapists was convicted. A campaign
led by GTZ in 2009 encouraged victims to speak publicly about rape. In
September the Ministry of Social affairs, UNICEF, and the Ecole
Instrument de Paix, a local NGO, organized a workshop in Douala to
address the growing problem of the sexual abuse of children.
Approximately 2,000 children lived on the streets of the major
urban centers. The Project to Fight the Phenomenon of Street Children,
a governmental project in partnership with NGOs, gathered information
on street children and offered healthcare, education, and psychosocial
care; the project also bolstered the intake capacities of specialized
centers.
The country is not a party to the 1980 Hague Convention on the
Civil Aspects of International Child Abduction. For information on
international parental child abduction, please see the Department of
State's annual report on compliance at http://travel.state.gov/
abduction/resources/congressreport/congressreport--4308.html.
Anti-Semitism.--The Jewish community was very small, and there were
no reports of anti-Semitic acts.
Trafficking in Persons.--For information on trafficking in persons,
please see the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip.
Persons With Disabilities.--In April the president promulgated a
new law to protect and promote the rights of persons with disabilities
due in part to the scarcity of facilities for persons with disabilities
and lack of public assistance. The new law provides that both new and
existing government and private buildings be designed to facilitate
access by persons with disabilities. While all children were entitled
to tuition-free primary school, the new law also provides for free
secondary public education for persons with disabilities and children
born of parents with disabilities. The law also provides for initial
vocational training, medical treatment, employment ``when possible,''
and public assistance ``when needed.''
On February 1, the Ministry of Social Affairs released a guide to
educate persons with disabilities on their legal rights and the
services available to them. The UN provided some of the financing for a
new guide that was released in November.
Society largely treated those with disabilities as outcasts, and
many felt that providing assistance was the responsibility of churches
or foreign NGOs.
National/Racial/Ethnic Minorities.--The population consists of more
than 250 ethnic groups, among which there were frequent and credible
allegations of discrimination. Ethnic groups commonly gave preferential
treatment to fellow ethnic group members in business and social
practices. Members of the president's Beti/Bulu ethnic group from
southern areas held key positions and were disproportionately
represented in the Government, state-owned businesses, security forces,
and the ruling CPDM party.
Northern areas continued to suffer from ethnic tensions between the
Fulani (or Peuhl) and the Kirdi, who remained socially, educationally,
and economically disadvantaged relative to the Fulani in the three
northern regions.
Traditional Fulani rulers, called lamibe, continued to wield great
power over their subjects, who often included Kirdi, and sometimes
subjected them to tithing and forced labor. Isolated cases of slavery
were reported, largely Fulani enslavement of Kirdi. Many Fulani hired
Kirdi at exploitive wage levels to perform tasks that the Fulani
considered menial and beneath them.
The 40 persons detained in connection with 2008 ethnic violence
following a soccer game between Bamileke and Yebekolo members remained
in detention.
Unlike in previous years, there were no reports that Alhadji Baba
Ahmadou Danpullo, a wealthy businessman with ties to the Government,
deceived M'Bororo women into sexual situations, forcibly displaced
M'Bororo and seized their land and cattle, or used his money and
influence with the Government to order the beating and false
imprisonment of M'Bororo.
Indigenous People.--An estimated 50,000 to 100,000 Baka, including
Bakola, and Bagyeli (Pygmies), primarily resided (and were the earliest
known inhabitants) in the forested areas of the South and East regions.
While no legal discrimination exists, other groups often treated the
Baka as inferior and sometimes subjected them to unfair and
exploitative labor practices. The Government did not effectively
protect their civil and political rights, but has made an effort to
assist Baka with national registration, which is a critical first step
to participation and representation in institutions that can better
advance Baka rights. Baka reportedly continued to complain that the
forests they inhabit were being logged without fair compensation. Some
observers believed that sustained logging was destroying the Baka's
unique, forest-oriented belief system, forcing them to adapt their
traditional social and economic systems to a more rigid modern society
similar to their Bantu neighbors.
Local Baka along the path of the Chad-Cameroon pipeline continued
to complain that they were not compensated fairly for their land and
had been cheated by persons posing as Baka representatives.
An estimated 95 percent of Baka did not have national identity
cards; most Baka could not afford to provide the necessary
documentation to obtain national identity cards, which were required to
vote in national elections. In 2005 the Ministry of Social Affairs
launched the Project to Support the Economic and Social Development of
Baka in South Region. The project goal was to facilitate the issuance
of birth certificates and national identity cards to 2,300 Baka, as
well as help register hundreds of students in school. In August 2009
the regional coordinator of the National Program for Participative
Development, the implementing agency, indicated that they were able to
assist with approximately 2,000 birth certificates and 1,000 national
identity cards. The program continued during the year.
Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--Homosexual activity is illegal
and punishable by a prison sentence of six months to five years and a
fine ranging from 20,000 to 200,000 CFA francs ($40 to $400). During
the year three persons in Douala and two in Yaounde were arrested for
suspected homosexual activity. Authorities prosecuted at least four
persons under this law during the year. Homosexual persons generally
kept a low profile because of the pervasive societal stigma,
discrimination, and harassment as well as the possibility of
imprisonment. Gays and lesbians suffered from harassment and extortion
by law enforcement officials. False allegations of homosexuality were
used to harass enemies or to extort money.On December 28, the Douala
first instance court released from pretrial detention Alain Nje Penda,
who was arrested for alleged homosexual acts in November 2009.
Several lesbian, gay, bisexual, and transgender organizations
operated. There was a pattern of discrimination against members of such
groups; however, no official cases were available for citation.
Other Societal Discrimination.--1Persons infected with HIV/AIDS
were often discriminated against and isolated from their families and
society due to the societal stigma and lack of education about the
disease.
Section 7. Worker Rights
a. The Right of Association.--The law allows workers to form and
join trade unions; however, the Government imposed numerous
restrictions in law and in practice. The labor code does not apply to
the agricultural or informal sectors, and thus to the majority of the
workforce. The country had an estimated ten million workers, although
less than 700,000 were in the formal sector. Seventy percent of the
country's workforce was in the agricultural sector, 13 percent in the
industrial sector, and 17 percent in the service sector. The law does
not permit the creation of a union that includes both public and
private sector workers or the creation of a union that includes
different or even closely related sectors.
The law requires that unions register with the Government,
permitting only groups of no fewer than 20 workers to organize a union
by submitting a constitution, bylaws, and nonconviction certifications
for each founding member. Although registered trade unions may no
longer be dissolved by administrative authorities, and may only be
dissolved through the judicial process, the law provides for prison
sentences and heavy fines for workers who form a union and carry out
union activities without registration. Such penalties are in breach of
International Labor Organization (ILO) conventions. Trade unions or
associations of public servants may not join a foreign occupational or
labor organization without prior authorization from the minister
responsible for ``supervising public freedoms.''
Government interference reportedly took various forms, including
selectively recognizing certain trade unions and inconsistently
applying the laws. Government officials stated that the Government
provided union certification within one month of application; however,
independent unions, especially in the public sector, found it difficult
to register. For example, the Syndicat National des Enseignants du
Superieur was not officially registered but operated without government
interference.
Registered unions were also subject to government interference. The
Government chose the unions with which it would bargain; some
independent unions accused the Government of creating small
nonrepresentative unions amenable to government positions and with
which it could negotiate more easily. Some sections of labor law had no
force or effect because the presidency had not issued implementing
decrees.
The labor code explicitly recognizes workers' right to strike, but
only after mandatory arbitration, and workers generally exercised this
right during the year. During the year strikes occurred at some
universities, hospitals, the national water company, the Cameroon Bar
Association, the Civil Engineering Equipment company, the national
railroad company, and among motorcycle taxi drivers.
Security forces used excessive force to disperse a demonstration by
members of the Cameroonian Union of Journalists (see section 2.b.).
Arbitration decisions are legally binding but often unenforceable
when the parties refuse to cooperate. It was not uncommon for such
decisions to be overturned or simply ignored by the Government or
employers. The provision of the law allowing persons to strike does not
apply to civil servants, employees of the penitentiary system, or
workers responsible for national security. Instead of strikes, civil
servants were required to negotiate grievances directly with the
minister of the appropriate department in addition to the minister of
labor and social insurance.
b. The Right to Organize and Bargain Collectively.--The
constitution and law provide for collective bargaining between workers
and management as well as between labor federations and business
associations in each sector of the economy.
On January 27, the minister of labor and social insurance presided
over the signing of a collective bargaining agreement in the port
sector. On November 24, he presided over the signing of a collective
bargaining agreement for the banking sector. In 2009 the minister
presided over collective bargaining agreements in the graphic arts and
agricultural sectors.
Once agreements were negotiated, there was no mechanism to enforce
implementation; some agreements between the Government and labor unions
were ignored by the Government.
The constitution and law prohibit antiunion discrimination, and
employers guilty of such discrimination were subject to fines of up to
approximately one million CFA francs ($2,000). However, employers found
guilty were not required to compensate workers for discrimination or to
reinstate fired workers. The Ministry of Labor and Social Insurance
(MINLESI) did not report any complaints of antiunion discrimination by
private employers during the year, although there were credible press
reports of harassment of union leaders.
Industrial free zones are subject to labor law except for the
following provisions: the right to determine salaries according to
productivity, the free negotiation of work contracts, and the automatic
issuance of work permits for expatriate workers.
c. Prohibition of Forced or Compulsory Labor.--The constitution and
law prohibit forced or compulsory labor, including by children;
however, there were reports that such practices occurred.
Slavery is illegal in the country, and the law provides punishment
of 10 to 20 years' imprisonment for persons accused of slavery or
trafficking in persons for the purposes of forced labor; however, there
were credible reports of slavery and hereditary servitude by former
slaves in some chiefdoms in the North Region. For example, there were
reports that the Lamido (traditional chief) of Rey Bouba in the North
Region had hereditary servants inside his compound. Although the Lamido
was replaced by his son in 2004, the hereditary servants remained. It
was unclear whether hereditary servants stayed out of fear, a paucity
of options, or because they knew no other life than the lamibe system,
which is traditionally hierarchical and authoritarian.
Prison authorities arranged for prison inmates to be contracted out
to private employers or used as communal labor for municipal public
works. Money generated from these activities was usually pocketed by
prison administrators and not given to detainees.
In the South and East regions, some Baka, including children,
continued to be subjected to unfair and exploitative labor practices by
landowners, including forced work without payment on the landowners'
farms during harvest seasons.
Also see the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip.
d. Prohibition of Child Labor and Minimum Age for Employment.--The
law generally protects children from exploitation in the workplace and
specifies penalties ranging from fines to imprisonment for
infringement; however, child labor, particularly in informal sectors,
remained a problem. The Government specifically prohibits forced and
compulsory labor by children, but there were reports that it occurred
in practice.
The law sets a minimum age of 14 for child employment, prohibits
children from working at night or longer than eight hours a day, and
enumerates tasks that children under the age of 18 cannot legally
perform, including moving heavy objects, dangerous and unhealthy tasks,
working in confined areas, and prostitution. Employers were required to
train children between the ages of 14 and 18, and work contracts must
contain a training provision for minors. These provisions of the law
were not adequately enforced.
According to 2008 government statistics on child labor, 85.2
percent of working children were employed in the agriculture sector,
either on family subsistence plots or on tea, banana, and palm oil
plantations. In the urban informal sector, children worked as street
vendors, car washers, and domestic workers. Some children also worked
in mines and quarries. Many urban street vendors were less than 14
years of age. Children worked as household help, and some children were
involved in prostitution. In the North there were credible reports that
children from needy homes were placed with other families to do
household work for pay, which normally went to the child's family.
There were reports that some parents gave their children to
``marabouts'' (traditional religious figures) in Maroua in the Extreme
North, to learn the Qur'an and to prepare them to become marabouts
themselves. However, there were reports that some of these children
were kept in leg chains and subjected to forced labor.
Parents viewed child labor as both a tradition and a rite of
passage. Relatives often employed rural youth, especially girls, as
domestic helpers, and these jobs seldom allowed time for the children
to attend school. In rural areas, many children began work at an early
age on family farms. The cocoa industry also employed child laborers.
These children originated, for the most part, from the three northern
and the North West regions.
The Ministry of Social Affairs and MINLESI were responsible for
enforcing existing child labor laws through site inspections of
registered businesses; although sporadic inspections occurred during
the year, the Government did not allocate sufficient resources to
support an effective inspection program. Moreover, the legal
prohibitions do not include family chores, which in many instances were
beyond a child's capacity. The Government employed 58 general labor
inspectors, whose responsibilities included investigating child labor.
The ILO continued to work with various ministries and agencies
involved in ant-trafficking activities; it also conducted nationwide
investigations and cooperated with local organizations.
During the year the Prime Minister's Office established an
interagency working group to coordinate and enhance the Government's
efforts to curb trafficking in persons.
Also see the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip.
e. Acceptable Conditions of Work.--In 2008 the Government increased
the minimum wage in all sectors to 28,246 CFA francs ($56) per month.
However, the minimum wage did not provide for a decent standard of
living for a worker and family. MINLESI was responsible for enforcing
the minimum wage nationally.
The law establishes a standard workweek of 40 hours in public and
private nonagricultural firms and 48 hours in agricultural and related
activities. There are exceptions for guards and firemen (56 hours a
week), service sector staff (45 hours), and household and restaurant
staff (54 hours). The law mandates at least 24 consecutive hours of
weekly rest. Premium pay for overtime ranges from 120 to 150 percent of
the hourly pay depending on amount and whether it is for weekend or
late-night overtime. There is a prohibition on excessive compulsory
service. MINLESI inspectors were responsible for monitoring these
standards; however, they lacked the resources for a comprehensive
inspection program.
The Government sets health and safety standards. MINLESI inspectors
and occupational health physicians were responsible for monitoring
these standards; however, they lacked the resources for a comprehensive
inspection program. In September 2009 the National Commission on Health
and Safety in the Workplace expanded the list of occupational diseases
from 44 to 99. The law does not provide workers with the right to
remove themselves from situations that endanger health or safety
without jeopardizing their continued employment.
__________
CAPE VERDE
Cape Verde, with a population of approximately 492,000, is a
multiparty parliamentary democracy in which constitutional powers are
shared between the elected head of state, President Pedro Verona
Rodrigues Pires, and Prime Minister Jose Maria Neves. Pires was
reelected for a second five-year term in 2006 in generally free and
fair elections. The Supreme Court of Justice and the National Electoral
Commission also declared the 2006 nationwide legislative elections
generally free and fair. There were instances in which elements of the
security forces acted independently of civilian control.
Problems were reported in the following areas: police abuse of
detainees, police impunity, poor prison conditions, lengthy pretrial
detention, excessive trial delays, violence and discrimination against
women, child abuse, and some instances of child labor.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the Government or its agents committed arbitrary or
unlawful killings.
b. Disappearance.--There were no reports of politically motivated
disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution and law prohibit such practices; however,
there were credible reports that in some instances police beat persons
in custody and detention. In most cases, authorities took action
against the abusers. However, there were credible reports that police
failed to report to their superiors some of the abuses that occurred in
police stations.
Prison and Detention Center Conditions.--Sao Martinho is the
largest prison in the country, housing more than 55 percent of the
national prison population. During the year there were no known deaths
in prison from adverse conditions. There were approximately 1,300
prisoners and detainees in the country's eight prisons.
In prisons other than Sao Martinho, juveniles were sometimes held
together with adults, but pretrial detainees generally were held
separately from convicted prisoners.
In 2008 a prisoner alleged to be a professional killer, hired by
drug traffickers, murdered a convicted drug trafficker who was
collaborating with authorities. The case remained under investigation.
The 2005 prisoner riot case at Sao Martinho Prison, in which one
prisoner was killed and three persons (including a guard) injured, was
pending final resolution at year's end. The prison director, a military
officer, who left for another country after being formally accused of
allowing the mistreatment of prisoners under his supervision,
subsequently was sentenced in that country to three years' imprisonment
for perjury related to his immigration status. He returned to Cape
Verde in October and was facing a court martial, which had not been
scheduled by the end of the reporting period. He is detained in a
military jail, awaiting trial.
Each municipality has police stations capable of holding detainees
until they are transferred to prison. There were no deaths as a result
of adverse conditions in jails and detention centers, but separation of
prisoners based on trial status, gender, and age was not always
possible due to space limitations.
Authorities did not permit prisoners and detainees to submit
complaints to judicial authorities without censorship or to request
investigation of allegations of inhumane conditions. The Government did
not investigate and monitor prison and detention center conditions.
The Government permitted formal visits by international human
rights monitors to prisons and visits to individual prisoners. Local
nongovernmental organizations (NGOs) and media representatives
frequently visited the prisons and reported on prison conditions. There
is no ombudsman to serve on behalf of prisoners and detainees.
In January the Government concluded a project improving conditions
in the main prison center on Sao Martinho by inaugurating additional
facilities and extending the prison's capacity from 800 to 830
prisoners. In the new unit, prisoners are divided by gender, age, and
nature of crime (with separation between convicted prisoners and those
awaiting trial); there are 18 disciplinary cells and two rooms for
spouses' visits. The facility has spaces for guards, lawyers, and
educational and social reinsertion trainers. There is a classroom
equipped with television, DVD player, and computers; a space for adult
education; medical facilities; canteens for guards and prisoners; a
library; and a space for professional training, within the scope of a
social reinsertion program. In addition the prison in Sao Vicente saw
minor improvements, including a new security camera system, funded by
the Portuguese government. Other prisons throughout the country,
however, still awaited funding for proposed improvements, and
conditions there remained poor.
d. Arbitrary Arrest or Detention.--The constitution and law
prohibit arbitrary arrest and detention, and the Government generally
observed these prohibitions.
Role of the Police and Security Apparatus.--The Public Order Police
are under the Ministry of Internal Administration and are responsible
for law enforcement. The Judicial Police are under the Ministry of
Justice and are responsible for major investigations. Logistical
constraints--including lack of vehicles, limited communications
equipment, and poor forensic capacity--limited police effectiveness.
Police abuses were investigated internally, and these investigations
resulted occasionally in legal action against the perpetrators. The
Government provided training to increase police effectiveness. Police
impunity, however, remained a problem.
Arrest Procedures and Treatment While in Detention.--Police may not
make arrests without a warrant issued by an authorized official unless
a person is caught in the act of committing a felony. The law
stipulates that a suspect must be brought before a judge within 48
hours of arrest. The law provides a detainee with the right to prompt
judicial determination of the legality of the detention, and the
authorities respected this right in practice. Attorneys inform
detainees of the charges against them. There was a functioning bail
system. Detainees were allowed prompt access to family members and to a
lawyer of their choice and, if indigent, to one provided by the
Government.
Nonetheless, the length of pretrial detention was a serious
problem. One concern arose from differing interpretations of the law
authorizing extended pretrial detention in certain circumstances. Some
courts have read this provision broadly, while others have opted for a
narrower interpretation. This interpretative difference resulted in
situations where detainees facing identical charges were held for
different lengths of time based on the prosecutor's and the judge's
interpretation of the law. At year's end, no standard timelines had
been set for pretrial detentions. The judicial system also was
overburdened and understaffed, and criminal cases frequently ended when
charges were dropped by the citizen before a determination of guilt or
innocence was made.
e. Denial of Fair Public Trial.--The law provides for an
independent judiciary, and the Government generally respected this
provision in practice. However, the judicial system lacked sufficient
staffing and was inefficient.
In addition to civil courts, there is also a military court; it
cannot try civilians. The military court provides the same protections
as civil criminal courts.
Trial Procedures.--Defendants enjoy a presumption of innocence. The
law provides for the right to a fair and public nonjury trial.
Defendants have the right to be present and to consult with an attorney
in a timely manner; free counsel is provided for the indigent.
Defendants have the right to confront or question witnesses against
them and have the right to present witnesses in their defense.
Defendants also can present evidence on their own behalf. Defendants
and their attorneys have access to government-held evidence relevant to
their cases and can appeal regional court decisions to the Supreme
Court of Justice (SCJ). The law extends the above rights to all
citizens.
Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.
Civil Judicial Procedures and Remedies.--The ordinary courts are
impartial and independent and handle civil matters including lawsuits
seeking damages for, or an injunction ordering the cessation of, a
human rights violation. Both administrative and judicial remedies are
available for alleged wrongs.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The constitution and law prohibit such actions, and
the Government generally respected these prohibitions in practice.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The constitution and law provide
for freedom of speech and of the press, and the Government generally
respected these rights. The independent press was active and expressed
a variety of views without direct restriction.
Internet Freedom.--There were no government restrictions on access
to the Internet or reports that the Government monitored e-mail or
Internet chat rooms. Individuals and groups could engage in peaceful
expression of views via the Internet, including by e-mail. According to
International Telecommunication Union statistics for 2008,
approximately 21 percent of the country's inhabitants used the
Internet. Citizens in the cities had access to the Internet at
cybercafes.
Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.
b. Freedom of Peaceful Assembly and Association.--The constitution
and law provide for freedoms of assembly and association, and the
Government generally respected these rights in practice.
c. Freedom of Religion.--For a complete description of religious
freedom, please see the 2010 International Religious Freedom Report at
www.state.gov/g/drl//irf/rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution and laws provide for
freedom of movement within the country, foreign travel, emigration, and
repatriation, and the Government generally respected these rights in
practice. The Government cooperated with the Office of the UN High
Commissioner for Refugees and other humanitarian organizations in
assisting refugees and asylum seekers.
The constitution and law prohibit forced exile, and the Government
did not employ it.
Protection of Refugees.--The law provides for the granting of
asylum or refugee status, and the Government has established a system
for providing protection to refugees. The Government grants refugee
status and asylum when petitioned under the established system. In
practice the Government provided protection against the expulsion or
return of refugees to countries where their lives or freedom would be
threatened on account of their race, religion, nationality, membership
in a particular social group, or political opinion.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution and law provide the right for citizens to change
their government peacefully, and citizens exercised this right in
practice through periodic, free, and fair elections held on the basis
of universal suffrage.
Elections and Political Participation.--In the 2006 legislative
elections, individuals and parties were free to declare their
candidacies. The ruling African Party for the Independence of Cape
Verde won 41 seats in the National Assembly with 52 percent of the
vote; the main opposition party, Movement for Democracy (MPD), won 29
seats; and the Union for a Democratic and Independent Cape Verde won
the remaining two seats. International observers characterized the
elections as generally free and fair, despite some irregularities.
Alleging fraud the MPD unsuccessfully contested the results by filing
suit with the SCJ to annul the elections.
Presidential elections were also held in 2006, and individuals and
parties were free to declare their candidacies. International observers
characterized the conduct of the election as free and fair. The
incumbent, President Pires, won a second term with 51 percent of the
vote; MPD candidate Carlos Veiga obtained 49 percent of the vote. Veiga
then petitioned the SCJ to annul the presidential election results,
stating that the elections were not free or transparent. The SCJ ruled
there were no legal grounds for annulment and confirmed President Pires
as the winner.
Although the National Electoral Commission (CNE) and the SCJ
declared the legislative and presidential elections generally free and
fair, they also recognized some irregularities in both elections. The
CNE noted that the electoral code needed to be amended to provide
greater security and transparency. It also cited needs for stricter,
more consistent voter identification and registration processes and the
adoption of indelible ink on ballots.
Political parties could operate without restriction or outside
interference.
There were 11 women in the 72-seat National Assembly, eight women
in the 20-member cabinet, and three women on the SCJ.
Section 4. Official Corruption and Government Transparency
The law provides a penalty of up to 15 years' imprisonment for
official corruption. There were no new reports of government corruption
during the year. The World Bank's 2009 Worldwide Governance Indicators
reflected that government corruption was a problem. There were also
unofficial reports of instances of corruption among state prosecutors,
judges, and justice officials. Police corruption was not a significant
problem.
The law provides for freedom of access to governmental information
without restriction, provided that privacy rights are respected. The
Government in practice frequently granted access.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic human rights groups generally operated without
government restriction, investigating and publishing their findings on
human rights cases. Government officials generally were cooperative and
responsive to their views.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The law prohibits discrimination based on race, gender, religion,
disability, language, or social status; however, the Government did not
enforce these provisions effectively, and violence and discrimination
against women and abuse of children were serious problems.
Women.--Rape, including spousal rape, is a criminal offense, but
the Government generally did not enforce the law effectively. The
penalty for rape is eight to 16 years' imprisonment. Penalties are
higher if the victim is under the age of 16 or if the offender took
advantage of job responsibilities in a prison, hospital, school, or
rehabilitation center, or with persons under his or her authority.
Domestic violence against women, including wife beating, was
widespread. The Government and civil society encouraged women to report
criminal offenses such as spousal abuse, which is punishable by two to
13 years' imprisonment; however, longstanding social and cultural norms
as well as lack of shelter housing inhibited victims from doing so.
While there were mechanisms such as legal counseling, psychological
care, specific police attention, and family courts to deal with spousal
abuse, these mechanisms neither effectively prevented violence nor
provided for the punishment of those responsible. Women claimed that
police often ignored the legal complaints they filed against their
husbands. Nevertheless, reports to police of domestic violence
continued to increase during the year. Police and judicial system
sometimes delayed acting on abuse cases. Violence against women was the
subject of extensive public service media coverage.
The Government-run Cape Verdean Institute of Equity and Gender, the
Women Parliamentarians Network, and local women's organizations with
foreign diplomatic support promoted legislation to address gender-based
violence. As a result of this action, in July the parliament approved a
bill that, for the first time in the country's history, addressed
gender-based violence. The new law focuses on three main objectives:
improving protections afforded to victims, strengthening sanctions
against offenders, and raising awareness of the problem. The law was
designed to protect both male and female victims, but was expected to
protect mostly women. According to a 2005 study by the Ministry of
Health and National Institute of Statistics, approximately 22 percent
of women and girls have been victims of gender-based violence.
Sex tourism was a growing problem, and there are no laws to address
it. There were no indications of governmental involvement or
complicity.
Sexual harassment was common but not culturally perceived as a
crime. It is prohibited by law with a penalty of one year in prison,
but the Government did not effectively enforce this law.
The civil code grants all citizens the freedom to make decisions
regarding the number, spacing, and timing of their children without
discrimination, coercion, or violence. All citizens have access to
contraception. Family planning centers throughout the country
distribute some contraceptives free of charge to the public. These
centers provide skilled assistance and counseling both before and after
childbirth and for cases of sexually transmitted infections, including
HIV. Prenatal counseling and care is available, including ultrasound
screening and tetanus vaccines. Prenatal blood tests are conducted,
including HIV screening, and treatment for sexually transmitted
diseases (including HIV) is made available if warranted. Postnatal
services include family planning and free oral/injection
contraceptives. The reported incidence of maternal mortality was 53.7
per 100,000 live births, according to the 2009 Ministry of Health
Statistical Report. Women are equally diagnosed and treated for
sexually transmitted diseases, including HIV.
Women enjoy the same legal rights as men, including rights under
family law, property law, and in the judicial system. Despite legal
prohibitions against sex discrimination and provisions for full
equality, including equal pay for equal work, discrimination against
women continued. The Cape Verdean Institute of Equity and Gender worked
for the protection of legal rights of women. The Women Jurists'
Association provided free legal assistance to women throughout the
country suffering from discrimination, violence, and spousal abuse.
Children.--Citizenship can be derived either by birth within the
country or from one's parents. The Government registered all births
immediately after they were reported. Failure to register did not
result in denial of public services.
The Government provided free and universal education for all
children between the ages of six and 12. Education was compulsory until
the age of 11; however, secondary education was free only for children
whose families had an annual income below 147,000 escudos
(approximately $1,950).
Child abuse and sexual violence against children were serious
problems, and the media regularly reported on those issues. Child labor
was also a problem (see section 7.d.). Government efforts to address
these problems were inadequate. In 2007 the Institute of Children and
Adolescents (ICCA), a government organization, carried out a study on
the child labor situation and concluded that the practice of using
children to collect sand for use in construction should be considered
as one of the worst forms of child labor.
The ICCA also found that children tended to work at the behest of
their families, and that child labor was intimately linked to the need
to supplement family income. It was believed, however, that the vast
majority of these children performed work outside of school hours and
attended school.
The country is not a party to the 1980 Hague Convention on the
Civil Aspects of International Child Abduction. For information on
international parental child abduction, please see the Department of
State's annual report on compliance at http://travel.state.gov/
abduction/resources/congressreport/congressreport--4308.html .
Anti-Semitism.--There was no known Jewish community and no reports
of anti-Semitic acts.
Trafficking in Persons.--In 2009 there were no confirmed reports
that persons were trafficked to, from, or within Cape Verde.
Persons With Disabilities.--The law prohibits discrimination
against persons with physical, sensory, intellectual, and mental
disabilities in employment, education, access to health care, or in the
provision of other state services, and the Government effectively
enforced these provisions. There are no laws or programs to provide for
access to buildings, information, and communications for persons with
disabilities. Several NGOs, including an association for the blind,
actively advocated for the rights of persons with disabilities. The
Government did not restrict the right of persons with disabilities to
vote or participate in civic affairs.
The Ministry of Labor, Family, and Social Solidarity (MTSS) is the
Government agency responsible for protecting the rights of persons with
disabilities. The National Council for Persons with Disabilities works
under the MTSS as a consulting body and has the role of proposing and
overseeing the implementation of the Government's policies.
Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--Legal provisions helped
provide protection for homosexual conduct; however, societal
discrimination based on sexual orientation or gender identity continued
to be a problem. There were no lesbian, gay, bisexual, or transgender
persons' organizations active in the country.
Other Societal Violence or Discrimination.--There were no reports
of societal violence or discrimination against persons with HIV/AIDS.
Section 7. Worker Rights
a. The Right of Association.--The law allows workers to form and to
join unions of their choice without previous authorization or excessive
requirements, and workers exercised this right in practice. There are
no restrictions except for employees of diplomatic missions. The
country's workforce was estimated at 194,358, 22 percent of whom were
unionized. Updated data on the percentage of workers in the
agricultural, nonagricultural, public, and private sectors were not
available. The laws allow unions to conduct their activities without
government interference. The law provides union members with the right
to strike. Nonetheless, the Government may invoke a ``civil request''
through which it may require the striking union to continue providing
specified minimum services in an emergency or if provision of basic
services is threatened.
b. The Right to Organize and Bargain Collectively.--The law allows
unions to conduct their activities without interference, and the
Government protected this right in practice. The law provides for the
right of workers to bargain collectively; however, there was very
little collective bargaining. There were no collective bargaining
agreements and no collective labor contracts completed during the year.
The law prohibits antiunion discrimination, and the Government
effectively enforced this provision. There were no reports of such
discrimination by employers during the year.
There are no special laws or exemptions from regular labor laws
within the export processing zone that encompasses the entire country.
c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, including by children, and there were no
reports that such practices occurred.
d. Prohibition of Child Labor and Minimum Age for Employment.--
There are laws and policies to protect children from exploitation in
the workplace, but the Government did not implement them effectively. A
revised labor code was approved in 2008, which lowered the legal
minimum age for employment from 16 to 15 years. The code also states
that children under 15 years old may be allowed to work as apprentices
under specific conditions that do not jeopardize the child's health and
development; however, the Government rarely enforced either provision.
For children under the age of 15, only apprentice contracts are
allowed.
The most recent statistics available (2000 census) indicated that
an estimated 8,000 children were working as street vendors and car
washers in urban centers and in agriculture, animal husbandry, and
fishing in the countryside. It is believed, however, that the vast
majority performed work outside of school hours and attended school.
In 2007 the ICCA concluded a study analyzing the child labor
situation in the country. The goals of the study were to raise public
awareness, create an action plan to prevent children from entering
exploitive work situations, and encourage children engaged in such
labor to stop. The study concluded that child labor was a limited
reality in the country and, in most cases, it was a result of poverty
and closely tied to the activities of the entire family.
The Ministries of Justice and Labor were responsible for enforcing
child labor laws. In practice, however, they seldom did so. There were
no government programs to address child labor.
e. Acceptable Conditions of Work.--As the country's largest
employer, the Government continued to play the dominant role in setting
wages. It did not fix wages for the private sector, but salary levels
for civil servants provided the basis for wage negotiations in the
private sector. For a typical entry-level worker, this wage was
approximately 12,000 escudos ($163) per month. The majority of jobs
paid wages that did not provide a worker and family with a decent
standard of living; most workers also relied on second jobs and support
from their extended family for income.
The law sets the maximum workweek for adults at 44 hours, prohibits
excessive compulsory overtime, and requires that a premium be paid for
whatever overtime is worked. The law also mandates required rest
periods, which vary according to sector; the minimum period of rest is
12 hours. While large employers generally respected these regulations,
many domestic servants and agricultural laborers worked longer hours.
The labor code applicable to seamen and merchant marines was updated in
May. By legislative decree, the rest period for maritime workers was
increased from 2.5 days per 30 working days to 10 consecutive days per
30 working days.
The director general of labor conducted sporadic inspections to
enforce the labor code and imposed fines on private enterprises that
were not in conformity with the law. Nonetheless, the Government did
not enforce labor laws systematically, and much of the labor force did
not enjoy legal protection.
The Government has not set occupational health and safety
standards; however, there is a general provision in the law that
requires employers to provide a healthy and safe work environment. Few
industries employed heavy or dangerous equipment. The law provides
workers the right to remove themselves from situations that endanger
health or safety without jeopardizing their continued employment. There
were no exceptions in the law for foreign or migrant workers.
__________
THE CENTRAL AFRICAN REPUBLIC
The Central African Republic (CAR) is a constitutional republic of
approximately 4.5 million that is governed by a strong executive
branch; the legislative and judicial branches are weak. Former armed
forces Chief of Staff General Francois Bozize seized power in a
military coup in 2003 and was elected president in 2005 elections.
National and international observers judged the elections to be
generally free and fair despite some irregularities. Bozize's term as
president was stipulated under the constitution to expire on June 11.
However, on May 10, the National Assembly passed a constitutional
amendment that extended the terms of the office of the president and
the National Assembly until elections. Poor preparations and a lack of
funding led the Government to delay the constitutionally mandated
presidential and legislative elections scheduled during the year; as of
year's end, the elections were scheduled for early 2011. Fighting
between nonstate armed entities, as well as between nonstate armed
entities and government security forces, increased, and much of the
northwestern, northeastern, and extreme southeastern regions remained
outside of government control. The illegal trade in diamonds
contributed to conflict and human rights abuses in some parts of the
country. Banditry remained a serious threat to civilians throughout the
northern provinces. There were instances in which elements of the
security forces acted independently of civilian control.
Principal human rights abuses included security forces continuing
to commit extrajudicial executions in the North, torture, beatings,
detention, and rape of suspects and prisoners; impunity, particularly
among the armed forces ; harsh and life-threatening conditions in
prisons and detention centers; arbitrary arrest and detention,
prolonged pretrial detention, and denial of fair trial; occasional
intimidation and restrictions on the press; restrictions on freedom of
movement; official corruption; and restrictions on workers' rights. Mob
violence resulted in deaths and injuries. Societal abuses included
female genital mutilation (FGM), discrimination against women and
Pygmies; trafficking in persons; forced labor; and child labor,
including forced child labor. Freedom of movement remained limited in
the North because of actions by state security forces, armed bandits,
and other nonstate armed entities. Sporadic fighting between government
forces and nonstate armed entities continued to displace persons
internally and increase the number of refugees.
Nonstate armed entities, some of which were unidentified, continued
to kill, beat, and rape civilians and loot and burn villages in the
North. Nonstate armed entities kidnapped, beat, raped, and extorted
money from local populations. There were reports of children as young
as 12 years old serving as fighters in nonstate armed entities.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--Unlike the previous
year, there was one allegation that the Government or its agents killed
a member of opposing political groups. Soldiers, particularly the
presidential security forces (presidential guard), killed civilians
they suspected of being road bandits or supporting nonstate armed
entities. Both government security forces and nonstate armed entities
killed civilians in the course of conflict in the North (see section
1.g.).
During the year there were numerous credible reports that elements
of the security forces, including the Central African Armed Forces
(FACA), and particularly the presidential guard, committed unlawful
killings while apprehending suspects and, allegedly, in connection with
personal disputes or rivalries. Authorities appeared unwilling to
prosecute personnel of the presidential guard for extrajudicial
killings (see sections 1.d. and 1.g.).
There were no further developments in the following 2009 killings:
the February beating death of Police Commissioner Daniel Sama by a
senior member of the presidential guard; the April killing of suspected
thieves Maxime Banga and Adam Demori, allegedly by members of the
Central Office for the Repression of Banditry (OCRB); and the June
killing of a butcher in Bangui by a gendarme and a member of the
Research and Investigation Services (SRI).
Security forces continued to commit extrajudicial killings (see
section 1.g.).
Unlike the previous year, the Permanent Military Tribunal (PMT) did
not adjudicate crimes committed by armed forces personnel (see section
1.d.). The PMT did not meet during the year as President Bozize
declined to fill vacancies on the tribunal.
There were no reports of the Government prosecuting any OCRB
personnel for killings committed in 2008.
There were no developments in the case of presidential guard member
Boris Namsene, who shot and killed five persons in 2008 in Bangui
before his apparent murder three days later.
In May villagers in Dissikou, located in Kaga Bandoro Province,
killed two Mbororo men after the Mbororo accused the villagers of
stealing their cattle. No intervention by the gendarmes based in the
village took place, and there were no further developments by year's
end.
In mid October residents of Bozoum, Ouham Pende Province, killed a
suspected thief. According to a humanitarian worker, local gendarmes
took part in the killing. Gendarmes claimed that they had no way of
knowing who was responsible for the killing and did not plan on
prosecuting anyone.
In November a member of the presidential guard, Elian Ngouyombo,
shot and killed a 13-year-old boy in the eighth district of Bangui
after a night guard who was watching a neighbor's house claimed the boy
was trying to break into a bar owned by a member of the presidential
guard. The soldier was arrested but was released a week later. No
further information was available at year's end.
Armed bandits have contributed to instability for many years and
continued to kill civilians. In the central part of the country,
nonstate armed entities known as ``zaraguinas'' engaged in kidnappings,
at times killing family members of individuals who could not or would
not pay ransom. Although information about these armed entities was
difficult to obtain, aid workers and UN officials described them as a
combination of common criminals and remnants of insurgent groups from
the recurring conflicts in the region.
There was no investigation into the 2008 death of Nganatouwa
Goungaye Wanfiyo, a leading human rights activist near Sibut.
Civilians reportedly continued to kill persons suspected of being
sorcerers or witches.
There was no additional information regarding the killing of two
individuals suspected of witchcraft by members of a nonstate armed
entity, Popular Army for the Restoration of the Republic (APRD), in
June near Kaga Bandoro.
b. Disappearance.--Hassan Ousman, leader of the National Movement
for the Salvation of the People, and member of the Follow-up Committee
of the 2008 Inclusive Political Dialogue--which brought together the
Government, rebel groups, civil society, and the democratic opposition
in an effort to negotiate a power-sharing agreement and end a number of
insurgencies underway since 2005--disappeared in December 2009.
According to family members, the last time Ousman communicated with
them was the day prior to his disappearance. Two family members who
travelled to Bossembele to collect information about his possible
detention were arrested and detained without charge for several weeks
before being released. As of year's end, no further information about
his disappearance was available.
During the year several nonstate armed entities kidnapped Mbororo
children and young adults and held them for ransom.
The Lord's Resistance Army (LRA) continued to abduct men, women,
and children in the southeastern part of the country (see section
1.g.).
The two foreign resident nongovernmental organization (NGO) workers
taken hostage in November 2009 in Birao were released in March.
No further information was available on the December 2009
disappearance of Charles Massi, a member of the nonstate armed entity
Convention of Patriots for Justice and Peace (CPJP) and a former
minister (see section 1.g.).
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--Although the law and the constitution prohibit torture and
specify punishment for those found guilty of physical abuse, police and
security services continued to torture, beat, and otherwise abuse
criminal suspects, detainees, and prisoners, according to local human
rights groups such as the Central African Association Against Torture
(ACAT) and the Central African Human Rights League (LCDH).
The Government did not punish police who tortured suspects, and
impunity remained a serious problem (see section 1.d.). Family members
of victims and human rights groups, including the Central African Human
Rights Monitoring Group (OCDH), filed complaints with the courts, but
authorities took no action. Members of the armed forces raped, robbed,
and abused civilians in conflict and nonconflict areas. Human rights
lawyers reported that victims of abuse by authorities were often
pressured by relatives not to pursue their cases out of fear of
reprisal.
According to ACAT, torture and beating of detainees occurred
frequently in detention centers run by the SRI and the OCRB. Police
employed several forms of torture, including ``le cafe,'' which
entailed the repeated beating of the soles of an individual's feet with
a baton or stick. Immediately after administering the beating, police
would sometimes force the victim to walk on badly bruised feet and, if
the individual was unable to do so, they continued the beating (see
section 1.g.).
For example, on April 9, authorities arrested Abdelsalem Doungouss,
a lieutenant in the Water and Forest Ranger Service in Ndele, on
accusations of complicity with the CPJP militia. During his initial
arrest, members of the armed forces tortured him before transferring
him to the SRI prison in Bangui, where he spent two months before being
released on June 10 for lack of evidence. There were no reports of
authorities taking action against those responsible.
Authorities tortured an individual suspected of being a member of
the CPJP (see section 1.d.).
Authorities took no action in the following 2009 cases: the
severing of three fingers of a man accused of stealing electrical cable
by a presidential guard member in Bossangoa, and the June beating and
burning of 15-year-old Angele Ndarata, accused of witchcraft by the
parents of a boy who drowned in the Oubangui river and a court clerk
who authorized the torture.
Authorities took no action in any of the following cases of abuse
by members of security forces in Bangui in 2008: the severe beating of
a man in Bangui by Corporal Zilo and five of his FACA colleagues in
July; the beating of a man and his sister by Lieutenant Olivier
Koudemon, a member of the presidential guard, in August; the severe
beating of a suspect at OCRB and SRI police headquarters in October; or
the beating of several individuals by Koudemon in December.
Civilians continued to suffer mistreatment in territories
controlled by nonstate armed entities (see section 1.g.).
Members of security forces, particularly the armed forces,
reportedly raped civilians, although throughout the country sexual
assaults were rarely reported. Security personnel rarely were punished.
There were no further developments in the ongoing International
Criminal Court investigation into the 2005 charges against former
president Ange-Felix Patasse and others for crimes against humanity,
including rape, committed prior to and during the 2003 coup.
Civilians continued to take vigilante action against suspected
thieves, poachers, and ``witches.''
Civilians reportedly continued to injure and torture persons
suspected of being sorcerers or witches. Mob violence was widespread
and cases were underreported.
In April villagers in the town of Pende burned to death a women
accused of witchcraft. There were no further developments by year's
end.
In July a prison official in Mobaye, Basse-Kotto Province, accused
Angele Ndarata, a 15-year-old girl, of using witchcraft to cause the
death of his wife. He subsequently ordered detainees to pour kerosene
on her arms and set them on fire. The girl suffered severe burns. This
was the second time the girl had been accused and tortured due to
witchcraft claims. There were no further developments by year's end.
In early September, villagers in Bocaranga murdered a man accused
of bewitching and causing the death of another man. There were no
further developments by year's end.
In September the High Court in Bangui found four persons, including
two children, respectively 10 and 13 years old, guilty of witchcraft
and charlatanism. No further information about their fate was known at
year's end.
In October the APRD arrested and detained four persons in
Mbereguili village after being accused of witchcraft. All four were
tortured before being released.
Authorities took no action in the following 2009 sorcery-related
cases: the June beating of a woman in the village of Ngoumourou and the
June beating of a woman and her child in Kaga Bandoro.
No action was taken against the mob that beat 13-year-old Vivian
Ngoupande in August 2009. At year's end, Vivian was living with her
aunt in another town.
Prison and Detention Center Conditions.--Prison conditions were
extremely harsh and, in some cases, life threatening. Prison conditions
outside Bangui generally were even worse than those in the capital.
Police, gendarme investigators, and presidential guards assigned as
prison wardens continued to subject prison inmates to torture and other
forms of inhuman, cruel, and degrading treatment. Many prisons in the
country lacked basic sanitation and ventilation, electric lighting,
basic and emergency medical care, and access to potable water.
Prison cells were overcrowded, and basic necessities, including
food, clothing, and medicine, were inadequate and often confiscated by
prison officials. Prisoners depended on family members to supplement
inadequate prison meals and sometimes were allowed to forage for food
near the prison. According to a number of international observers and
prison officials, prison detainees outside Bangui received no food from
prison authorities and sometimes had to pay bribes to prison guards to
secure food brought to them by their relatives. As in previous years,
there continued to be reports of deaths in prison due to adverse
conditions and negligence, including lack of medical treatment and
inadequate food. According to the director of prisons at the Ministry
of Justice, two deaths attributed to adverse conditions were reported
in Bangui's Ngaragba prison during the year.
Prisoners and detainees had reasonable access to visitors and were
permitted religious observance. The Attorney General's Office granted
visitation privileges, but in practice those wishing to visit prisoners
often had to bribe prison guards and officials.
According to several human rights lawyers, prison detainees have
the right to submit complaints in the case of ill treatment during
their detention; for the minority of detainees who had lawyers, it was
generally their lawyers who apprised judicial authorities about ill
treatment of their clients. Victims hesitated to lodge formal
complaints out of fear of reprisal from prison officials. Authorities
rarely initiated investigations of abuses in the prison system.
Prison administrators submitted reports describing the poor
detention conditions, but these reports did not result in any action.
A census conducted by the UN Development Program (UNDP) in Bozoum
Prison in January and February 2009 indicated 80 percent of prisoners
complained of food shortages.
Prisoners frequently were forced to perform uncompensated labor
(see section 7.c.).
Male and female prisoners were held in separate facilities in
Bangui. Elsewhere, male and female prisoners were housed together, but
in separate cells. Juveniles were sometimes held with adult prisoners.
Pretrial detainees were not held separately from convicted
prisoners. As of December, there were 1,320 prisoners in the country.
The country's prison population decreased by 38.46 percent from 2009
levels, largely as result of a decree signed by President Bozize on the
anniversary of the country's independence on December 1. President
Bozize granted amnesty to prisoners with sentences that ranged from a
few months to no more than five years.
There were two prisons in Bangui, Ngaragba for men and Bimbo
Central Prison for women. Inmates with infectious diseases were not
segregated from other inmates. A nurse was available at the two prisons
for inmates needing medical care. Detainees and inmates at both prisons
received one meal per day. Food was insufficient, and prisoners
complained of inferior ingredients. Inmates slept on the floor or on
thin matting provided by families or charities. Authorities at the
Bangui prison permitted detainees' families to make weekly visits.
As of December, there were 152 inmates in Ngaragba Prison; 102 of
them were pretrial detainees. Several detainees had been held for seven
months without appearing before a judge. Five prisoners were detained
on accusations of sorcery. The more crowded cells each held
approximately 30 to 40 inmates. Prisoners usually slept on bare
concrete and complained that water supplies were inadequate. In the
section reserved primarily for educated prisoners and former government
officials suspected or convicted of financial crimes, cells held four
to eight persons.
On January 23, Ngaragba prison closed for three weeks as a result
of damages caused to the building by detainees rioting against the new
prison director's disciplinary rules. For three days, prisoners tore
apart their cells and threw rocks and chunks of concrete at riot police
standing outside the prison walls. Authorities emptied the prison
during the period of repairs and housed prisoners at various Bangui
police stations, gendarmerie centers, and the OCRB's and SRI's
detention centers. Reports suggested that the perceived ring leaders of
the riot received ``special treatment,'' indicating rougher than usual
punishment, while in detention at the OCRB. After the rehabilitation,
all the detainees were returned to Ngaragba.
As of December, Bimbo Central Prison held 33 female inmates, 21 of
whom were pretrial detainees. Several had been detained for months and
had not appeared before a judge; few had lawyers. Prison officials
allowed sick detainees to be treated by a nurse who visited regularly.
Overcrowding was reportedly not a problem, and children younger than
five years old were allowed to stay with their mothers at the prison.
In December a prison guard at Bimbo Central Prison, Andre Mangai,
attempted to rape prisoner Ivonne Paki and left her with several
injuries. Ivonne Paki's lawyer filed a complaint with the general
prosecutor, and the case is currently followed by OCDH. The guard was
immediately assigned to another prison, and the case was still under
review by the court at the end of the year.
On September 11, a military guard at the prison in the town of
Boda, Corporal Armand Ngagouni, sexually assaulted Ivonne Kokombe, who
was being detained for sorcery. The sexual assault resulted in serious
injuries. The case was reported by OCDH and taken to court, although no
decision had been made by year's end.
Conditions in detention centers were worse than those in prisons
and, in some cases, were life threatening. Bangui's police detention
centers consisted of overcrowded cells with very little light and leaky
buckets for toilets. Poor sanitation and negligence by authorities
posed a serious health risk to detainees. According to local human
rights groups, lack of training and poor supervision at detention
centers were serious problems and continued to result in torture and
beatings. Suspects in police and gendarmerie cells had to depend on
family, friends, religious groups, and NGOs for food. Detainees with
infectious diseases were not segregated from other detainees, and
medicine was not available. Suspects generally slept on bare cement or
dirt floors. Corruption among guards was pervasive. Guards often
demanded between 200-300 CFA francs ($0.40--$0.60) to permit showers,
delivery of food and water, or family visits.
International observers noted that the detention center in the
gendarmerie in Bouar had neither windows nor a toilet, only a bucket
that was emptied every other day. Detainees at the police facility in
Bouar slept chained to each other, a measure the police justified by
alleging the detainees were recidivists and undisciplined.
In Bangui male and female detainees were separated; however, this
was reportedly not the case in jails and temporary detention facilities
in the countryside. There were no separate detention facilities for
juvenile detainees, who routinely were housed with adults and often
subjected to physical abuse.
According to a June report by the UN Secretary-General to the UN
Security Council, escapes by detainees, including incarcerated members
of the armed forces, have become prevalent, critically affecting the
fight against impunity.
The Government restricted prison visits by human rights observers.
Although international observers were not entirely denied visits, the
Government delayed responses to visit requests, often for weeks or
months. The International Committee of the Red Cross (ICRC) and
religious groups routinely provided supplies, food, and clothes to
prisoners. The ICRC had unrestricted access to prisoners; however,
access for some other observers was at times limited to certain areas
of a given facility. There was no ombudsman system in the country.
Adopted by the National Assembly during the year, the Government
budget included an increase of 1.7 percent for the Ministry of Justice.
However, this action did not translate into a significant increase of
resources devoted to prisons or detention centers.
In its national report submitted in February 2009 to the UN Office
of the High Commissioner of Human Rights (UNOHCHR's) Universal Periodic
Review Working Group (UPRWG), the Government claimed the following
improvements: construction or renovation of prisons in Sibut, Kaga-
Bandoro, Bossangoa, Batangafo, Berberati, Bossembele, and Bozoum;
training for prison wardens and directors; demilitarization of prison
facilities; and separation of the sexes in Bangui prisons. By year's
end, rehabilitation work was completed at all of the locations
according to the Ministry of Justice. The prisons constructed in Bria
and Bouca hold 120 and 100 persons respectively.
In April approximately 15 domestic NGOs, with assistance from the
UNDP, created the coordinated prison action (CAP), an awareness-
building mechanism designed to increase monitoring of prison and
detention center conditions. The Ministry of Justice said it supported
the body in principle but demanded that representatives from the
Government be included, causing some NGOs to express concern about the
CAP's independence. At year's end, the Ministry of Justice had not yet
agreed to the proposed monitoring framework through which prisons could
be accessed.
d. Arbitrary Arrest or Detention.--The law provides protection
against arbitrary arrest and detention and accords detainees the right
to a judicial determination of the legality of their detention;
however, security forces frequently ignored such provisions, and
arbitrary arrest and detention remained problems.
On April 23, a FACA detachment arbitrarily arrested Balala Fotour
in Zoukoutouniala, near Ndele, on allegations of being a member of
CPJP. After severely torturing and making death threats against Fotour,
the FACA transferred him to the SRI in Bangui, where he spent three
months before being transferred to Ngaragba prison where he remained in
detention at year's end. According to Fotour, he travelled to a CPJP
controlled area to visit a sick family member and had nothing to do
with CPJP.
On June 9, the burning of Rayan Supermarket in Bangui resulted in
the arrests of 11 persons, including Bienvenu Ngaro, Prosper Gbanga,
Michelle Bengba, Lin Maximin, Crozin Cazin, Austin Moudjikem, Michael
Boda Makpevode, Mathurin Ngozoua Mamadou, Ngere Koundangba, and
Mathurin Francisco Willibona without due process. The two main
suspects, Symphorien Balemby, president of the Central African Bar
Association and Jean Daniel Ndengou, first vice president of the
Economic and Social Council attached to the National Assembly, remained
at large at year's end. On June 10, authorities arrested Albertine
Kalayen Balemby, wife and secretary of Symphorien Balemby, and Gabin
Ndengou, brother of Jean Daniel Ndengou and driver for the World Health
Organization. The prisoners were transferred without due process to
Bossembele Presidential Guard Detention Center located 91 miles from
Bangui. According to Amnesty International, the detainees were reported
to have been charged with arson, inciting hatred, and criminal
association. In an act described as illegal by the Central African Bar
Association, security forces searched Balemby's office without the
presence of a lawyer. To protest against these practices, the Central
African Bar Association went on strike on June 12 but resumed
activities on August 7 after the attorney general agreed to conduct an
investigation. At year's end, 11 persons remained in custody, and the
investigation was ongoing.
Role of the Police and Security Apparatus.--The Ministry of the
Interior and Public Security, through the director general of police,
oversees the activities of the national police, including the OCRB. The
Ministry of Defense oversees armed forces, including the presidential
guard, the national gendarmerie, and the SRI. The police and the armed
forces share responsibility for internal security.
Police were ineffective; they severely lacked financial resources,
and their salaries were often in arrears. Citizens' lack of faith in
police led at times to mob violence against persons suspected of theft
and other offenses.
During a visit to the country in February, UN High Commissioner for
Human Rights Navi Pillay identified impunity for human rights abuses as
one of the most daunting challenges facing the country. ``Summary
executions, enforced disappearances, illegal arrests, and detention are
all issues that have surfaced in connection with state security and
defense institutions,'' she said, ``and strenuous efforts need to be
made to put an end to these extremely serious abuses of power.''
Mechanisms existed for redress of abuses by members of the police
and armed forces. Citizens filed complaints with the public prosecutor.
The most common complaints involved theft, rape, brutality, and
embezzlement. Impunity remained a severe problem. Although the
prosecutor had the ability to exercise authority and order the arrest
of police officers suspected of committing abuses, the prosecutor's
staff was small and severely underfunded. There was at least one
prosecution of a police officer during the year, according to the
deputy prosecutor.
In October a police officer was caught stealing money from a person
under arrest at a police station in Bangui. The incarcerated person's
lawyer took the case to court, but no further action was taken by
year's end.
The PMT did not meet during the year, although it normally holds
two yearly sessions. According to an official from the Ministry of
Justice, the PMT did not hold any sessions because the positions of the
president, prosecutor, and deputy prosecutor of the tribunal remained
unfilled.
In June the country's delegation at the UNOHCHR told the UPRWG the
country faced challenges implementing military justice, particularly
because prison guards who belonged to the armed forces allowed or
facilitated escapes for detained armed forces personnel (see section
1.c.).
During the year, in cooperation with the Government, the Human
Rights Section of the UN's Integrated Office in the Central African
Republic (BINUCA) continued to collect complaints of human rights
abuses committed by members of the security forces, including FACA
soldiers, and by nonstate actors. It continued to investigate abuses
and share information with the public prosecutor to facilitate the
fight against impunity. In addition BINUCA provided more than 120
members of the security forces, including police officers and
gendarmes, with international humanitarian law and human rights
training; it also provided similar training for 100 armed forces
personnel of the multinational Mission for the Consolidation of Peace
(MICOPAX).
BINUCA maintained UN human rights observers in three regional UN
offices in the northwestern and central regions. While BINUCA reported
on human rights and worked with the local human rights community, local
and international observers have criticized its human rights section in
recent years for its inability or refusal to bring such abuses to light
or demand redress.
As part of its efforts to protect citizens and safeguard property,
the Government continued to conduct joint security operations with
several hundred regional armed forces peacekeepers in the capital and
selected cities in the Northwest. The Government also conducted joint
operations with the UN Mission in the CAR and Chad in the northeastern
Vakaga Province.
Arrest Procedures and Treatment While in Detention.--Judicial
warrants are not required for arrest. The law stipulates that persons
detained in cases other than those involving national security must be
informed of the charges against them, and brought before a magistrate
within 48 hours. This period is renewable once, for a total of 96
hours. In practice authorities often did not respect these deadlines,
in part due to inefficient judicial procedures and a lack of judges. In
several police detention centers, including the SRI, detainees were
held for more than two days and often for weeks before authorities
brought their cases before a magistrate. The head of the SRI stated
that the SRI lacked the human resources and basic equipment such as
computers to process cases in a timely manner.
The law allows all detainees, including those held on national
security grounds, to have access to their families and to legal
counsel. Indigent detainees may request a lawyer provided by the
Government, although it was not known if this right was often invoked.
Detainees are allowed to post bail or have family members post bail for
them. In most cases, lawyers and families had free access to detainees,
but incommunicado detention occasionally occurred.
There were different standards for treatment of detainees held for
crimes against the security of the state. National security detainees
may be held without charge for up to eight days, and this period can be
renewed once, for a total of 16 days. However, in practice such persons
were held without charge for longer periods.
In September 2009 the National Assembly adopted revised penal and
criminal procedure codes. Under these reforms, detainees gained the
right to have access to attorneys immediately after arrest. However,
many detainees were not able to exercise this right because of the
costs of hiring a lawyer and a lack of understanding of their rights
under the law.
According to BINUCA's human rights section, arbitrary arrest was a
serious problem and was the most common human rights abuse committed by
security forces during the year.
During the year authorities continued to arrest individuals,
particularly women, and charge them with witchcraft, an offense
punishable by execution, although no one received the death penalty
during the year. Prison officials at Bimbo Central Prison for women
stated that accused witches were detained for their own safety, since
village mobs sometimes killed suspected witches. Near the end of the
year, Bangui prison officials estimated that 18 percent of female
detainees had been arrested for purported witchcraft.
During a visit in February, UN High Commissioner for Human Rights
Pillay voiced deep concern over the targeting of women accused of being
witches, ``a gender-based calumny that has no place in any society in
the 21st century.''
Prolonged pretrial detention was a serious problem. At year's end,
pretrial detainees constituted approximately 67 percent of Ngaragba
Central Prison's population and an estimated 63 percent of Bimbo
Central Prison's population. Detainees usually were informed of the
charges against them; however, many waited in prison for several months
before seeing a judge. Judicial inefficiency and corruption, as well as
a shortage of judges and severe financial constraints on the judicial
system, contributed to pretrial delays. Some detainees remained in
prison for years because of lost files and bureaucratic obstacles.
In December President Bozize granted amnesty to prisoners with
sentences that ranged from a few months to no more than five years (see
section 1.c.).
e. Denial of Fair Public Trial.--The constitution provides for an
independent judiciary; however, the judiciary remained subject to
executive branch influence and, despite government efforts to improve
its capacity, the judiciary was inadequate to meet its tasks.
During a visit in February, UN High Commissioner for Human Rights
Pillay expressed concerns about the judiciary's lack of independence.
However, she praised the National Assembly's revision during the year
of penal and criminal procedure codes, which she said would help
bolster the independence of the judiciary and bolster the fight against
impunity for human rights abuses.
The courts continued to suffer from inefficient administration, a
shortage of trained personnel, growing salary arrears, and a lack of
material resources. Less than 1 percent of the annual national budget
was devoted to the Ministry of Justice. According to a Ministry of
Justice source, during the year there were 124 magistrates working in
the entire country. Many citizens effectively lacked access to the
judicial system. Citizens often had to travel more than 30 miles to
reach one of the 38 courthouses. Consequently, traditional justice at
the family and village level retained a major role in settling
conflicts and administering punishment.
There were numerous reports that, in reaction to judicial
inefficiency, citizens in a number of cities organized to deal with
cases through parallel justice and persecution, such as mob violence,
or resorted to neighborhood tribunals and appeals to local chiefs.
Citizens also sought such resort in cases of alleged witchcraft.
Trial Procedures.--According to the penal code, defendants are
presumed innocent until proven guilty. Trials are public, and
defendants have the right to be present and to consult a public
defender. Criminal trials use juries. If an individual is accused of a
serious crime and cannot afford a lawyer, the Government has an
obligation to provide one. In practice the Government provided counsel
for indigent defendants, although this process was often slow and
delayed trial proceedings due to the state's limited resources.
Defendants have the right to question witnesses, to present witnesses
and evidence on their own behalf, and to have access to government-held
evidence. Defendants have the right to appeal. The law extends these
rights to any citizen, including women. The Government generally
complied with these legal requirements. The judiciary, however, did not
enforce consistently the right to a fair trial, and there were many
credible reports of corruption within the court system. One indigenous
ethnic group in particular, the Ba'Aka (Pygmies), reportedly was
subject to legal discrimination and unfair trials.
Authorities occasionally tried cases of purported witchcraft in the
regular courts. Witchcraft is punishable by execution although the
state imposed no death sentences during the year. Most individuals
convicted of witchcraft received sentences of one to five years in
prison; they could also be fined up to 817,800 CFA francs ($1,636).
Police and gendarmes conducted investigations into alleged witchcraft.
During a typical witchcraft trial, authorities called practitioners of
traditional medicine to give their opinion of a suspect's ties to
sorcery, and neighbors occasionally served as witnesses. The law does
not define the elements of witchcraft, and the determination lies
solely with the magistrate.
Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.
Authorities granted BINUCA's human rights unit and human rights and
humanitarian NGOs limited access to prisoners and detainees, although
bureaucratic requirements for visits and delays significantly
restricted their frequency during the year.
Civil Judicial Procedures and Remedies.--The constitution provides
for an independent judiciary in civil matters, and citizens had access
to a court to bring lawsuits seeking damages for, or cessation of, a
human rights violation; however, there was a widespread perception that
judges were bribed easily and that litigants could not rely on courts
to render impartial judgments. Many courts were understaffed, and
personnel were paid poorly.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The law prohibits searches of homes without a warrant
in civil and criminal cases; however, police sometimes used provisions
of the penal code governing certain political and security cases to
search private property without a warrant.
Further developments in the June 2009 attack on the house of
Minister of Regional Development Marie Reine Hassen were hindered by
the PMT's inability to meet before year's end. The PMT has not met
since April 2009.
Local journalists claimed that the Government tapped their
telephones and harassed them regularly by telephone.
g. Use of Excessive Force and Other Abuses in Internal Conflicts.--
Internal conflict continued in seven northern provinces and the
Southeast. Despite the signing of the comprehensive peace accord in
2008 between the Government and four nonstate armed entities--the APRD,
the Democratic Front of the Central African People (FDPC), the Movement
of Justice for Central African Liberators, and the Union of Democratic
Forces for Unity (UFDR)--and a 2008 inclusive political dialogue
between the Government, nonstate armed entities, the political
opposition, and civil society, which resulted in the formation of a
government of national unity in January 2009, violence continued to
increase during the year. Government and opposition forces engaged in
numerous serious human rights abuses in the course of their struggle
for control of the North, where soldiers, nonstate armed entities, and
bands of unidentified armed men attacked civilians. Observers estimated
that the Government controlled little more than half of the country
during the year.
Although government forces and nonstate armed entities maintained a
ceasefire for much of the year, one notable nonstate armed entity, the
CPJP, remained outside the peace process at year's end and continued to
fight government forces in the provinces of Bamingui Bangoran, Vakaga,
Ouaka, and Haute Kotto, causing many civilians to flee. Civilians were
caught in the crossfire during fighting between the CPJP and the armed
forces, which often accused them of supporting the nonstate armed
entities. The CPJP has reportedly employed rape and murder as
intimidation tactics.
During the year there was deliberate restriction of the free and
safe passage of humanitarian organizations' assistance. During the
first seven months of the year, the Government denied humanitarian
access north of the town of Ndele. In addition on October 2,
humanitarian missions, led by the UN Educational, Scientific and
Cultural Organization (UNESCO)-UNDP and MICOPAX, were blocked at an
unofficial check point near Bozoum and threatened by APRD elements.
These missions were ultimately allowed to continue after payment of
money.
According to Dangerous Little Stones: Diamonds in the Central
African Republic, a December report by the International Crisis Group,
``rampant smuggling [of diamonds] fosters illicit trading networks that
deprive the state of much needed revenue, while the Government's
refusal to distribute national wealth fairly has led jealous factions
to launch rebellions. Profits from mining and selling diamonds
illegally enable armed groups to collect new recruits and create a
strong incentive not to disarm.'' During the year the CPJP, which was
active around the northeastern town of Ndele, frequently targeted
diamond producing zones, killing those who worked in the diamond pits
and trading the rough stones.
In addition attacks on civilians by the LRA in the Southeast
contributed to the humanitarian crisis, increasing the number of
internally displaced persons in LRA-affected areas.
The UN-led Security Sector Reform process continued to outline the
restructuring and redeployment of the armed forces. The disarmament,
demobilization, and reintegration of nonstate armed entities began in
2008 and continued in some provinces after suffering numerous delays.
The Ugandan Peoples Defense Force, in the eastern sector of the
country, cooperated with the FACA in operations against LRA guerillas.
Armed entities, including unidentified ones, took advantage of
weakened security and continued to attack, kill, rob, beat, and rape
civilians and loot and burn villages in the North. Kidnappings by such
groups continued at an alarming rate during the year, contributing
significantly to the massive population displacement. However,
according to the ICRC, improved security in the Northwest encouraged
some of the thousands displaced by conflict in recent years to return
home.
Killings.--Extrajudicial killings continued. During operations
conducted by state armed forces against nonstate armed entities
(including highway bandits), government forces did not distinguish
between nonstate armed entities and civilians in the villages.
Government forces often burned houses and sometimes killed villagers
accused of being accomplices of nonstate armed entities.
UN, press, and NGO observers noted several extrajudicial killings
by security forces and the use of disproportionate force against
suspected bandits and other members of nonstate armed entities.
In December 2009 the family of Charles Massi, a member of the CPJP
and a former minister, reported him missing. His wife and members of
his party told international media that Chadian officials arrested
Massi and transferred him to CAR authorities; his wife and members of
his party also claimed that CAR authorities tortured and murdered him
in Bossembele prison. Early in the year, the press widely reported the
same thing, but the Ministry of Defense denied the claims. In August
the attorney general found no evidence of wrongdoing by the Government,
but strong suspicions remained about the extrajudicial murder of
Charles Massi.
Authorities took no action in any of the following four killings by
members of the FACA.
On January 10, the FACA detachment in Noufou arrested, tied up, and
then killed three suspected cattle thieves from Cameroon.
In April an international NGO reported that the FACA summarily
executed a Chadian migrant farmer they claimed to be a member of the
FDPC militia north of Kabo.
On May 2, the FACA tortured and killed a suspected CPJP combatant
found on the road between Ndele and Kaga Bandoro. The FACA allegedly
displayed his body in Ndele shortly thereafter.
On August 18, according to Le Democrate newspaper, a group of FACA
based in Bang killed a local butcher who refused to serve them meat
free of charge. The newspaper reported that on August 25, the local
population killed three members of the FACA and one police commissioner
in reprisal for the killing of the butcher.
There were no further developments in the following 2009 cases: the
February attack by the FACA on the village of Sokoumba that resulted in
the death of at least 18 male civilians, including the village chief,
or the March execution of four men suspected of banditry outside the
northwestern town of Bozoum by government forces.
There were no further developments in the June 2009 death of two
civilians as a result of fighting between the FACA and the FDPC on the
Kabo-Moyenne Sido road in Ouham Province.
UN, press, and NGO observers noted numerous killings by nonstate
actors and the use of disproportionate force against civilians.
From January to the end of November, the total number of attacks
the LRA launched over the year was at least 54, in which at least 128
civilians were killed, more than 300 persons were abducted, and 20 were
wounded. Approximately 80 persons detained by the LRA were released and
another 39 escaped. As of November, the UN High Commissioner for
Refugees (UNHCR) estimated 5,724 Congolese refugees and approximately
21,000 internally displaced persons (IDPs) were in the southeast.
On March 27, the CPJP attacked Yangoungale village. During this
attack, insurgents took the village chief and the primary school
director hostage. They reportedly shot and killed the school director's
wife as she tried to escape the attack.
On April 6, gunmen killed a pastor from Sido who was working for
the local Independent Electoral Commission (IEC) office. Members of the
FDPC were suspected in the slaying.
On April 16, attackers identified only as ``armed bandits'' killed
a member of the FACA who was escorting a convoy of IEC vehicles on the
road between Birao and the border with Sudan.
In mid-April, CPJP members reportedly burned the village chief of
Mbollo alive.
On May 3, the CPJP attacked Gadaye and Haoussa villages. In Gadaye
the CPJP beat to death Abba Abdoulaye Hissen, the village patriarch,
allegedly because he ordered villagers to leave the area and to settle
in Ndele. In Haoussa the CPJP kidnapped and tortured Adamou Aroun, the
village chief, for the same reason.
On May 4, the CPJP murdered the deputy village chief of a village
12 miles north of Ndele.
On May 13, CPJP rebels invaded Diki in search of food. The village
self-defense group killed one member of the CPJP. The next day, a group
returned to the village, and looted and burned many houses. They also
killed the chief of the village and wounded many villagers.
On October 15, the CPJP attacked the town of Ippy in Ouaka
Province. After looting several stores and destroying official
buildings, CPJP attackers killed one secondary school student. No
further developments were available at year's end.
There were also killings resulting from tensions over land use
during the year. On March 16, local residents of Batangafo fought with
migrant Chadian cattle herders, leaving at least 17 persons dead. The
UN reported 13 villages were burned and at least 1,500 persons
displaced by the fighting. Gendarme and FACA in the town failed to
intervene in the fighting; there were no further developments by year's
end.
There were no further developments in the following 2009 conflict-
related killings: the March killing by APRD members of the chief of
Tchoulao village in the Ouham Pende; the April killing by an APRD
officer in the northwestern town of Paoua of the local national herders
organization representative; and the April deaths of 25 persons,
following street battles between Mbororo cattle raisers and beef
wholesalers in Bangui.
There were no further developments in the June 2009 torture and
killing of two persons, relating to alleged witchcraft, by APRD members
near Kaga Bandoro.
Abductions.--The Popular Front for Redressing of Grievances, an
exiled armed entity of Chadian origin, reportedly took civilians
hostage during the year near Kaga Bandoro to extort money from their
families.
Human Rights Watch reported that between July 2009 and July 2010,
the LRA abducted more than 300 persons, many of them children, in
southeastern CAR.
There was little or no response by local authorities to multiple
kidnappings of civilians by armed entities considered to be bandits or
zaraguinas (see section 1.a.).
On October 28, a group of CPJP rebels operating in Sam Ouandja in
Haute Kotto Province took 21 electoral workers hostage. The electoral
workers were released a few days later after the CPJP rebels took all
of their belongings.
In November 2009 unidentified bandits in Birao abducted two foreign
resident NGO employees. Kidnappers released the two in Darfur, Sudan,
on March 14 (see section 1.b.).
Physical Abuse, Punishment, and Torture.--Government forces and
nonstate armed entities mistreated civilians, including through
torture, beatings, and rape, in the course of the conflicts. During
operations conducted by armed forces against nonstate armed entities
(including highway bandits), the armed forces often burned homes and
did not distinguish between nonstate armed entities and local civilian
populations they regarded as accomplices, although less often than in
the previous year.
During the week of March 8, the mayor of Ndim reportedly authorized
the public torture of a woman accused of adultery. No action was taken
against those responsible by year's end.
On April 26, Jojo Bozize, one of President Bozize's sons, ordered
the arrest of two of his domestic employees, Betty Kibembe and Serge
Tkpoba, on suspicion of stealing clothes from his residence. Gendarmes
imprisoned the two for two days at the SRI detention center where they
were severely tortured. Bozize later learned that his partner had taken
the clothes to the cleaners and, as a result, he took Kibembe and
Tkpoba to a private clinic for medical treatment. Kebembe suffered
serious leg wounds. Authorities took no action against Bozize, and
human rights lawyers stated the two victims refused to press charges.
On June 6, Abdoulaye Amat, a member of the presidential guard,
threatened Price Telo with a rifle and then cut off Telo's ear after he
complained about a merchant and friend of Amat not paying full price
for a motorcycle. Telo's parents informed senior figures of the
presidential guard who told them they would arrest Amat, but at year's
end, Amat remained free.
Civilians continued to suffer mistreatment in armed territories
controlled by nonstate armed entities.
In April a member of the APRD killed a 12-year-old boy in
Kounmbame. The APRD's local commander offered to execute the killer if
the boy's family desired but, in the end, senior figures in the APRD
paid the boy's family 100,000 CFA francs ($200).
In April near Kaga Bandoro, the APRD arrested and tortured a man
for allegedly practicing witchcraft. Members of the APRD tied the man
to a tree, beat him, and cut off two of his toes to force a confession.
After confessing, the man escaped, and the APRD responded by arresting
his mother and torturing her. No further information was available at
year's end.
In May near Kaga Bandoro the APRD arrested a man for alleged shape
shifting, a form of witchcraft. When he managed to flee, the APRD
arrested his mother, stripped her naked, beat her, and forced her to
pay of fine of 100,000 CFA francs ($200) before releasing her.
No action was taken against APRD members who in March 2009 tortured
a village chief in Bocaranga and the evangelical pastor who tried to
help the chief.
International and domestic observers reported that, during the
year, state security forces and members of nonstate armed entities,
including Chadian soldiers and bandits, continued to attack cattle
herders, primarily members of the Mbororo ethnic group. Many observers
believed Mbororo were targeted primarily because of their perceived
relative wealth and the vulnerability of cattle to theft. One UN agency
reported that, according to its NGO partners in the affected region,
attackers often were themselves Mbororo.
Mbororo cattle herders were also disproportionately subjected to
kidnapping for ransom. A UN agency working in the area indicated the
perpetrators often kidnapped women and children and held them for
ransoms of between one million and two million CFA francs ($2,000--
$4,000). Victims whose families did not pay were sometimes killed.
Nonstate armed entities in the country continued to conduct frequent
attacks on the Mbororo population on the Cameroonian side of the
border, despite the Cameroonian government's deployment of security
forces.
Some observers noted the use of rape by both government forces and
nonstate armed entities to terrorize the population in the northern
provinces, especially in the CPJP's zones of operation. Given the
social stigma attached to rape, any report would likely underestimate
the incidence of rape in the conflict zones. Several NGOs and UN
agencies conducted gender-based violence awareness and treatment
campaigns in northern provinces and Bangui.
On February 8, a member of the APRD allegedly raped a pregnant
woman near the village of Goddo 2. Her husband made an official
complaint to the APRD but by year's end, there was no evidence that the
APRD took action against a perpetrator.
In July after an attack upon the village of Zokotonyala, members of
the CPJP reportedly raped between 20 and 25 Houssa women. There was no
additional information about the women as rebels prevented travelers
from gaining access to the region.
On October 26, a group of CPJP combatants invaded the village of
Kpata, in Bamingi Bangouran Province. After looting the village's 168
houses, they burned the village. Reportedly, the village was attacked
because its inhabitants participated in the electoral census. No
further information was available at year's end.
Child Soldiers.--According to multiple human rights observers,
numerous APRD groups included soldiers as young as 12 years old. In
addition the UFDR admitted that many children served as soldiers in its
ranks. According to an international observer, although the UFDR and
APRD stopped recruiting child soldiers during the year as a result of
disarmament, demobilization, and reinsertion activities, in some remote
areas, children were still used as lookouts and porters. According to
one international NGO involved in disarmament, demobilization, and
reintegration (DDR), in some cases, children have been ``recruited''
not for actual combat, but to go through the DDR process and get paid.
The UN Children's Fund (UNICEF) and other observers noted that, while
the child soldiers were willing to demobilize and were anxious to
attend school, their communities lacked the most basic infrastructure.
UNICEF announced in July that it helped demobilize 180 child
members of the APRD between the ages of 10 and 17 years old in Ouham-
Pende since November 2008. An additional 15 children were demobilized
in Nana Gribizi Province during the same time frame.
In December UNICEF held a 10-day training session in Boali, with 20
soldiers and six police officials, on the theme of protecting children
before, during, and after a conflict. The objective of the training was
to instruct the officials to become trainers themselves.
Several NGO observers have reported that self-defense committees,
which were established by towns to combat nonstate armed entities
(including bandits) in areas where the FACA or gendarmes were not
present, used children as combatants, lookouts, and porters. UNICEF
estimated that children comprised one third of the self-defense
committees.
NGOs reported that the LRA continued to kidnap children and forced
them to fight, act as porters, or to function as sex slaves. During the
year 138 children were abducted by the LRA. Of those 138 children, 43
were released by the LRA, 45 escaped, and 13 were being supported in
transit centers.
Displaced children have been forced to work as porters, carrying
stolen goods for groups of bandits.
Other Conflict-Related Abuses.--In the Northwest, government
security forces, including the FACA and presidential guard, continued
to project a presence from larger towns and occasionally engaged in
combat with armed entities. While the ceasefire between government
forces and nonstate armed entities allowed some displaced persons to
return home, approximately 330,000 persons remained displaced in the
bush or in refugee camps along the Chadian or Cameroonian borders.
On multiple occasions during the year, government forces burned
houses and other buildings along the Ndele-Garaba road. The area was
considered sympathetic to the CPJP insurrection.
Internal movement was severely impeded, particularly in northern
and northwestern areas the Government did not control, by bandits and
other nonstate armed entities, including former combatants who helped
President Bozize come to power in 2003.
On April 16, the subprefect of Kabo called all the village chiefs
north of the town to Kabo and explained that for the indefinite future,
anyone who remained on the road would be considered an insurgent or in
collusion with them, and thus subject to reprisals by the FACA. The
subprefect's ultimatum apparently caused an estimated 5,000 new
refugees to move to Chad.
Sporadic fighting between government security forces and nonstate
armed entities, attacks on civilians by nonstate armed entities, armed
banditry, and occasional abuse by government soldiers kept many IDPs
from their homes. The UN Office for the Coordination of Humanitarian
Affairs (OCHA) estimated that the number of IDPs increased during the
year from 162,000 to 192,029 at year's end.
The overwhelming majority of IDPs were in the northwestern
provinces of Ouham and Ouham Pende, where civilians remained displaced
from their villages out of fear and lived in the bush for much of the
year, returning occasionally to their fields to plant or scavenge. NGOs
and UN agencies observed anecdotal evidence that some civilians were
returning in the northwest provinces, but this was not a widespread
phenomenon. Thousands of individuals remained homeless due to fighting
in the north-central provinces of Haute Kotto and Bamingui-Bangoran,
and due to instability in the northeastern province of Vakaga, where
there was renewed fighting within the UFDR, as well as an ethnic
conflict between the Goula, Kara, and Rounga communities.
Hygiene-related illnesses and chronic malnutrition continued.
Attacks or fear of attacks prevented many subsistence farmers from
planting crops, and attackers either stole most of the livestock or the
farmers fled with their livestock to safety in Cameroon. Chronic
insecurity also rendered the North occasionally inaccessible to
commercial, humanitarian, and developmental organizations, contributing
to the lack of medical care, food security, and school facilities,
although less so than in the previous year. Humanitarian organizations
continued to supply some emergency relief and assistance to displaced
populations, although long-term development projects remained suspended
due to the frequently changing security situations and sporadic
fighting.
The Government did not attack or target IDPs, although some IDPs
were caught in the fighting between government forces and nonstate
armed entities. The Government provided little humanitarian assistance,
but it allowed UN agencies and NGOs access to these groups to provide
relief.
MICOPAX peacekeepers and government forces conducted joint security
operations in an effort to secure the northern region and control small
arms proliferation. Despite these operations, the Government was not
able to provide sufficient security or protection for IDPs in the
north.
On September 5, in Ouanda Djalle, 62 miles south of Birao, LRA
combatants burned at least 80 houses and looted the marketplace and
health center.
Refugees continued to flee the country during the year (see section
2.d.).
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The constitution and law provide
for freedom of speech and of the press; however, in practice
authorities continued to employ threats and intimidation to limit media
criticism of the Government. Authorities did not arrest any journalists
during the year; however, the Government briefly detained one
journalist.
Throughout the year, a number of newspapers criticized the
president, the Government's economic policies, and official corruption.
There were more than 30 newspapers, many privately owned, which
circulated daily or at less frequent intervals. Independent dailies
were available in Bangui, but they were not widely distributed outside
of the capital area. The absence of a functioning postal service
continued to hinder newspaper distribution. Financial problems
prevented many private newspapers from publishing regularly, and the
average price of a newspaper, approximately 300 CFA francs ($0.60), was
higher than most citizens could afford.
Radio was the most important medium of mass communication, in part
because the literacy rate was low. There were alternatives to the
state-owned radio station, Radio Centrafrique. For example, privately
owned Radio Ndeke Luka continued to provide independent broadcasts,
including national and international news and political commentary. Its
signal was strengthened to reach beyond Bangui, and new direct
transmitters were set up in Bouar and Berberati. Ndeke Luka was also
regularly rebroadcast by community radio for an hour or two each day.
With the exception of Radio Ndeke Luka, which organized debates on
current events, government-run and privately owned broadcast outlets
based in the country tended to avoid covering topics that could draw
negative attention from the Government. International broadcasters,
including Radio France Internationale, continued to operate during the
year.
The Government continued to monopolize domestic television
broadcasting, and television news coverage generally supported
government positions.
The High Council for Communications (HCC), which is charged with
granting publication and broadcast licenses and protecting and
promoting press freedom, is nominally independent. However, some of its
members were appointed by government institutions and, according to
several independent journalists, as well as the international NGO
Committee to Protect Journalists, the HCC was controlled by the
Government.
The media continued to face many difficulties, including chronic
financial problems, a serious deficiency of professional skills, the
absence of an independent printing press, and a severe lack of access
to government information. Journalists in the privately owned media
were not allowed to cover certain official events, and, in the absence
of information, the majority of news reporting continued to rely
heavily on official or protocol-related information, such as government
press releases.
During the year security forces often harassed and threatened
journalists. For example, on August 17, unidentified armed men in
military uniforms attacked Television Centrafrique camerawoman Virginie
Mokonzi. The assailants reportedly beat, robbed, and raped her in front
of her children and husband. The Journalist's Union organized a march
to protest the attack and delivered a memorandum to the prime minister.
By year's end, there were no reports of arrests.
On September 3, police arrested Alexi Remangai, a journalist at the
daily newspaper Le Confident, and detained him for three days at SRI
before releasing him as result of a protest by the Journalists'
Association. Gendarmes arrested him following a complaint of defamation
by the Ministry of Mines' chief of staff. Remangai had written an
article in the newspaper about corruption and mismanagement by high-
ranking ministry officials at the ministry. At year's end, the case was
pending before a court.
There were also reports of government ministers and other senior
officials threatening journalists who were critical of the Government.
However, according to the Central African Journalists' Union, the
Government did not arrest any other journalists during the year.
Unlike the previous year, the HCC did not suspend publication of
any newspaper during the year.
Journalists continued to practice self-censorship due to fear of
government reprisals.
Imprisonment for defamation and censorship was abolished in 2005;
however, journalists found guilty of libel or slander faced fines of
100,000 to eight million CFA francs ($200 to $16,000).
The law provides for imprisonment and fines of as much as one
million CFA francs ($2,000) for journalists who use the media to incite
disobedience among security forces or incite persons to violence,
hatred, or discrimination. Similar fines and imprisonment of six months
to two years may be imposed for the publication or broadcast of false
or fabricated information that ``would disturb the peace.''
The Ministry of Communications maintained a ban on the diffusion by
media of songs, programs, or articles deemed to have a ``misogynist
character'' or to disrespect women.
Internet Freedom.--There were no reports that the Government
restricted access to the Internet, monitored e-mail or Internet chat
rooms, or attempted to collect personally identifiable information. The
relatively few individuals who had access could engage in the peaceful
expression of views via the Internet, including by e-mail. According to
International Telecommunication Union statistics for 2008 approximately
0.44 percent the country's inhabitants used the Internet.
Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.
b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The constitution provides for the right of assembly;
however, the Government restricted this right on a few occasions.
Organizers of demonstrations and public meetings were required to
register with the minister of the interior 48 hours in advance;
political meetings in schools or churches were prohibited. Any
association intending to hold a political meeting was required to
obtain the Ministry of Interior's approval.
There were no discriminatory government restrictions that targeted
women or minorities.
Freedom of Association.--The constitution provides for freedom of
association, and the Government generally respected this right. All
associations, including political parties, must apply to the Ministry
of Interior for registration, and the Government usually granted
registration expeditiously. The Government normally allowed
associations and political parties to hold congresses, elect officials,
and publicly debate policy issues without interference, except when
they advocated sectarianism or tribalism.
A law prohibiting nonpolitical organizations from uniting for
political purposes remained in place.
c. Freedom of Religion.--For a complete description of religious
freedom, see the 2010 International Religious Freedom Report at
www.state.gov/g/drl/irf/rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution provides for freedom
of movement within the country, foreign travel, emigration, and
repatriation; however, the Government restricted freedom of movement
within the country and foreign travel during the year. Security forces,
customs officers, and other officials harassed travelers unwilling or
unable to pay bribes or ``taxes'' at checkpoints along intercity roads
and at major intersections in Bangui, although these roadblocks had
decreased significantly by year's end.
On multiple occasions during the year, police, gendarmes, and the
FACA impeded the travel of members of the opposition Movement for the
Liberation of Central African People party, delaying their travel for
up to two days.
On May 9, authorities prevented Martin Ziguele, a presidential
candidate in 2005, from traveling abroad. Airport police briefly
confiscated his passport and barred him from boarding an aircraft. The
Government's spokesman later said the incident was the result of an
unspecified misunderstanding.
On May 27, airport authorities stopped former minister of
communications Cyriaque Gonda from traveling to France. The
Government's spokesman said that Gonda failed to present a permission
to depart document normally required for official travel by members of
the Government. Gonda was neither a current minister nor going abroad
in an official capacity, and observers widely viewed the incident as
stemming from a political dispute between him and the president.
On June 13, airport authorities confiscated the diplomatic passport
of opposition figure Nicolas Tiangaye upon his return from France where
he held meetings with Central Africans opposed to the Government.
Authorities claimed he had no right to a diplomatic passport, although
in practice, many prominent figures held and used diplomatic passports
for nonofficial travel.
In April 2009 the Ministry of Foreign Affairs requested that all
diplomatic missions inform the ministry before travel to any area
deemed ``under tension,'' although these locations were unspecified. In
practice the Government hindered travel by diplomats outside of the
capital on multiple occasions.
During the year police continued to stop and search vehicles,
particularly in Bangui, in what amounted to petty harassment to extort
payments. Local human rights organizations and UN officials said the
problem of illegal road barriers and petty extortion by soldiers was
widespread. Merchants and traders traveling the more than 350-mile main
route from Bangui to Bangassou encountered an average of 25 military
barriers. While the fees extorted varied for private passengers,
commercial vehicles reported paying up to 9,000 to 10,000 CFA francs
($18 to $20) to continue their journeys.
This extortion greatly discouraged trade and road travel and
severely crippled the country's economy.
Freedom of movement, including of traders and delivery trucks, was
also severely impeded in conflict zones.
In May the UN reported that North of Kabo, in a zone of continuing
conflict between the Government and the FDPC, the FACA charged truckers
100,000 CFA francs ($200) to protect convoys of two or more trucks
between the town and the border with Chad.
With the exception of diplomats, the Government required that all
foreigners obtain an exit visa. Travelers intending to exit the country
could be required to obtain affidavits to prove that they owed no money
to the Government or to parastatal companies.
The constitution does not permit the use of exile, and the
Government did not employ it in practice.
Internally Displaced Persons (IDPs).--Sporadic fighting between
government forces and nonstate armed entities, attacks on civilians by
nonstate armed entities, and armed banditry prevented the country's
IDPs, most of whom were displaced in 2006, from returning to their
homes. At year's end, the number of IDPs totaled 192,029, including
almost 100,000 in the northwestern provinces of Ouham and Ouham Pende.
The number of individuals who had fled the country was estimated at
138,000, including 74,000 refugees in Chad and 64,000 in Cameroon. In
the southeastern province of Haut-Mbomou, attacks by the LRA caused the
internal displacement of approximately 15,000 individuals by year's
end.
In July the Government reopened roads north of Ndele to
humanitarian access after a prolonged closure due to government efforts
to fight the CPJP.
In 2009 the UNHCR helped created the National Committee for
Dialogue and Coordination for the Protection of the Rights of IDPs in
the country. The objectives of the committee were to provide for the
coordination and monitoring of activities related to the protection of
IDPs, to formulate a new IDP protection law, and to establish a
framework for increased assistance for IDPs. The committee participated
in all meetings of the country's protection cluster, the main forum for
the coordination of civilian protection activities in the context of
humanitarian efforts, and focused on human right abuses, but, according
to OCHA, the committee had not officially met or carried out any of its
assigned responsibilities by year's end.
On October 29, the UNHCR and the Office of the Prime Minister
organized a workshop for 60 members of parliament on the African Union
Convention for the Protection and Assistance of Internally Displaced
Persons in Africa. The objective of the workshop was to speed progress
toward the ratification of the convention.
The Government did not provide protection or assistance to IDPs,
citing a lack of means.
There were no reports of the Government attacking or specifically
targeting IDPs. The Government occasionally blocked humanitarian access
in areas frequented by nonstate armed entities. There were no reports
of the Government inhibiting the free movement of IDPs.
In June 2009 several members of the UNOHCHR's UPRWG recommended
that the Government immediately take measures to safeguard the rights
of IDPs, including by enacting a law with provisions for the protection
of displaced children; provide for the free circulation of humanitarian
workers so they can access IDPs; and follow up on past recommendations
of the UN secretary-general's representative on the human rights of
IDPs. At year's end, it was unclear if the Government had taken
significant steps to implement these recommendations.
Displaced children worked in fields for long hours and as porters
for bandits or other nonstate armed entities (see sections 1.g. and
7.d.).
Protection of Refugees.--The country's laws provide for granting
asylum and refugee status, and the Government has established a system
for providing protection to refugees. In practice the Government
provided protection against the expulsion or return of refugees to
countries where their lives or freedom would be threatened on account
of their race, religion, nationality, membership in a particular social
group, or political opinion. The Government accepted refugees without
subjecting them to individual screening.
The Government continued to cooperate with the UNHCR and other
humanitarian organizations in assisting approximately 24,690 refugees
in the country of which 5,466 remain in Bangui.
During the year security forces subjected refugees, as they did
citizens, to arbitrary arrest and detention. Refugees were especially
vulnerable to such human rights abuses. The Government allowed refugees
freedom of movement, but like citizens, they were subject to roadside
stops and harassment by security forces and nonstate armed entities.
Refugees' access to courts, public education, and basic public health
care was limited by the same factors that limited citizens' access to
these services.
While refugees in Mongoumba and Batalimo did not report any
violations, refugees in Sam Ouandja reported restriction of movement by
authorities and UFDR rebels allied to the Government. Refugees in
Bangui reported harassment and arbitrary arrest by police.
According to the UNHCR, there were no reports of refugee abuse
during the year.
A significant number of members of the Mbororo ethnic group
continued to live as refugees in Cameroon and southern Chad after
violence in 2006 and 2007. However, according to Radio Centrafrique,
many Mbororo herders started returning to CAR during the year.
Several international organizations worked with the Government and
UNHCR to assist refugees during the year. They included Doctors without
Borders, Caritas, International Medical Corps, and the NGO Cooperazione
Internazionale (COOPI).
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution provides citizens with the right to change their
government peacefully, and citizens exercised this right in
presidential and legislative elections in 2005, which election
observers considered to be generally free and fair, despite some
irregularities.
Elections and Political Participation.--In 2005 the country held
two rounds of multiparty presidential and legislative elections that
resulted in the election of General Bozize as president; Bozize had
seized power in a 2003 military coup, declared himself president, and
headed a transitional government until the 2005 elections. Domestic and
international election observers judged the elections to be generally
free and fair, despite irregularities and accusations of fraud made by
candidates running against Bozize.
Bozize's term as president was stipulated under the constitution to
expire on June 11. However, on May 10, the National Assembly passed a
constitutional amendment that extended the terms of the office of the
president and the National Assembly until elections, allowing Bozize to
remain in office through the year.
The Government twice postponed constitutionally mandated
presidential and legislative elections set for March due to a lack of
funds and preparation. Controversially, the National Assembly altered
the 2005 constitution to allow the president to ask the Constitutional
Court for a delay in elections if elections preparations commence in a
``lawful manner,'' but due to ``unforeseeable and unavoidable'' events
must be postponed. The president used this provision to extend his
mandate until such a time as elections were organized. On July 30, the
president decreed the first round of presidential and legislative
elections would occur in January 2011.
Despite a constitutional requirement that he do so by 2007, as well
as a recommendation stemming from the 2008 inclusive political
dialogue, for the fourth consecutive year, the president did not call
for municipal elections, citing lack of government resources.
During the year the LCDH continued to criticize President Bozize
for concurrently serving as president and defense minister, on the
grounds that the constitution prohibits the president from holding
``any other political function or electoral mandate''; however,
officials said this criticism was based on a misinterpretation of the
constitution. After political activist Zarambaud Assingambi filed a
complaint with the constitutional court in 2008, the court ruled later
that year that it was not competent to try the case.
Political parties continued to be subject to close scrutiny and
restrictions by the Government. Members of political parties were not
able to move about the country without restriction; many had to obtain
authorization from the Government before traveling.
According to recommendations from a 2003 government-sponsored
national dialogue, women should occupy 35 percent of posts in
government ministries and political parties; however, this provision
was not respected during the year. There were 10 women in the 105-seat
National Assembly and four in the 32-person cabinet. There were no laws
prohibiting women from participating in political life, but most women
lacked the financial means to compete in political races.
There were 17 Muslims, including two members of the Mbororo ethnic
group, in the National Assembly.
The Ba'Aka (Pygmies), the indigenous inhabitants of the south, made
up between 1 and 2 percent of the population; they were not represented
in the Government and continued to have no political power or
influence.
Section 4. Official Corruption and Government Transparency
The law provides criminal penalties for official corruption;
however, the Government did not implement these laws effectively, and
officials often engaged in corrupt practices with impunity.
Misappropriation of public funds and corruption in the Government
remained widespread. The World Bank's 2009 Worldwide Governance
Indicators reflected that government corruption was a severe problem.
The Government continued its campaign against embezzlement, money
laundering, and other forms of financial fraud. Since May 2009 salary
payments to government employees have been made through bank accounts
instead of in cash. Computerization of financial information to
increase transparency continued during the year. However, the effect of
these actions was not particularly evident to the public, and
skepticism remained over whether these actions would serve to deter
corruption. Extortion at road checkpoints and corruption among customs
service officials remained major sources of complaints by importers and
exporters.
The president continued to chair weekly committee meetings to
combat fraud in the treasury. In 2008 Prime Minister Touadera created a
national committee to fight corruption that included representatives
from the Government, trade unions, NGOs, private sector, religious
organizations, and the media. The committee's investigations resulted
in the arrest of 19 senior civil servants in the tax division of the
Ministry of Finance on charges of embezzling up to five million CFA
francs ($10,000) each. Six of those arrested were tried in 2008 and
received jail sentences. Six voluntarily reimbursed the amount they
were alleged to have stolen; 13 civil servants accused of embezzlement
were condemned by the court, but a few were later released, although
the exact number is unknown.
Police corruption, including the use of illegal roadblocks to
commit extortion, remained a problem; however, removal of some illegal
roadblocks enabled more freedom of movement and easier transportation
by year's end.
Judicial corruption remained a serious impediment to citizens'
right to receive a fair trial. According to the UNDP, during the year
the average monthly salary of a judge working in one of the highest
courts (the final court of appeals) was approximately 600,000 CFA
francs ($1,200); that of a junior judge was approximately 220,000 CFA
francs ($440).
According to the LCDH, corruption extended from the judges to the
bailiffs. Many lawyers paid judges for verdicts favorable to their
clients. There were, however, some efforts to combat judicial
corruption, including by several UN agencies and the EU.
According to the constitution, senior members of the executive,
legislative, and judicial branches are required to declare publicly
their personal assets at the beginning of their terms. The members of
the new government declared their assets upon entry into the
Government. The law does not require ministers to declare their assets
upon departing government.
The law provides for access by journalists to ``all sources of
information, within the limits of the law''; however, it does not
specifically mention government documents or government information,
and no mention is made of access by the general public. The Government
often was unable or unwilling to provide information, and lack of
access to information continued to be a problem for journalists and the
general public. Furthermore, years of instability and conflict made
information difficult for the Government to collect, particularly in
the countryside. Information on the humanitarian situation, for
example, was difficult to obtain and sometimes contradictory.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
Domestic and international human rights groups generally operated
with few government restrictions. A few NGOs investigated abuses and
published their findings. However, due to ongoing lack of funds,
insecurity, and economic dislocation, domestic human rights NGOs, whose
area of work was almost totally limited to Bangui, continued to lack
the means to disseminate human rights information outside the capital
or support their rural branches. These limitations contributed to
widespread ignorance about human rights and the means of redress for
abuses. Officials in Bangui met with local NGOs during the year, but
many local NGOs reported the Government was not responsive. Government
officials continued to criticize local NGOs publicly for their reports
of human rights violations that security forces committed.
There were domestic human rights NGOs that demonstrated significant
independence; however, several domestic civil society groups were led
by individuals belonging to or closely associated with the ruling
political party, which may have limited their independence. Citing the
appearance of a conflict of interest, some international and domestic
NGOs expressed concern over the neutrality and independence of the
country's only legally recognized NGO platform or umbrella group, the
Inter-NGO Council in CAR (CIONGCA), which was led by the brother of a
former minister of state and ethnic kinsman of the president. In recent
years, CIONGCA often represented domestic civil society groups in
decision-making forums, including the follow-up committee of the 2008
inclusive political dialogue.
A few NGOs were active and had a sizable effect on the promotion of
human rights. Some local NGOs, including the LCDH, the OCDH, the anti-
torture NGO ACAT, and the Association of Women Jurists (AWJ), actively
monitored human rights problems; worked with journalists to draw
attention to human rights violations, including those committed by the
army; pleaded individual cases of human rights abuses before the
courts; and engaged in efforts to raise the public's awareness of
citizens' legal rights.
Domestic human rights NGOs reported that some officials continued
to view them as spokespersons for opposition political parties.
President Bozize mentioned his suspicion of their ties to the
opposition during numerous speeches over the year. They also reported
several cases of harassment by officials during their fact-finding
visits around the country. Domestic human rights NGOs reported during
the year that its members located outside the capital remained afraid
to investigate alleged abuses because security force members have
threatened NGO activists suspected of passing information about abuses
by security forces to international NGOs for publication. Several human
rights lawyers reported that the families of victims of abuse by
officials, or those close to officials, often urged the victims not to
pursue their attackers due to fear of reprisal.
International human rights NGOs and international organizations
operated in the country without interference from the Government.
However, nonstate armed entities sporadically targeted the small number
of humanitarian workers operating in the northwest, northeast, and
southeast, stopping their vehicles and robbing them. The entire North
was occasionally inaccessible to NGOs due to increased violence.
Due in part to the Government's inability to address persistent
insecurity in parts of the country effectively, some international
human rights and humanitarian groups working in conflict zones have
either closed suboffices or left the country. For example,
international NGOs working in the Vakaga and Haute Kotto Provinces did
not send international staff to the region and maintained only limited
nationally staffed programs.
Some international NGOs continued to raise human right awareness
among authorities and security forces. For example, throughout the
year, the International Rescue Committee and the Danish Refugee Council
organized a training session for security force instructors focusing on
fundamental human rights principles, international humanitarian law,
the rights of children, and women's rights, among other issues.
During the year the Government continued to cooperate with
international governmental organizations in the promotion and
protection of human rights. The national prosecutor's office continued
to work with BINUCA to investigate human rights abuses by security
forces, and the Government continued to cooperate with it and other UN
agencies in their efforts to train security forces in human rights (see
section 1.d.). The Government also continued to allow BINUCA to conduct
visits to prisons and detention centers and to conduct human rights
training for government security agents. International observers
witnessed small improvements after prison visits but did not observe a
significant change in policy toward prisons and prisoners rights during
the year.
The Office of the High Commissioner for Human Rights and Good
Governance, attached to the presidency, investigated citizen complaints
of human rights violations by members of the Government. While the
commission was operational, it remained ineffective and, after working
briefly on three cases of violations, did not take any substantive
follow-up steps. With a reported budget of five million CFA francs
($10,000), the High Commissioner's Office did not have adequate
staffing or financial resources, and lacked the means to train its
investigators properly. The limited funding for the commission also
meant that it only functioned in Bangui, limiting the scope of its
operations. Some human rights observers noted that it acted more as a
spokesperson for the Government than an office promoting human rights.
In December a validation seminar was held to establish in law a
National Human Rights Commission that was intended to promote
international human rights standards at the national level. The
commission was to be independent from the Office of the High
Commissioner for Human Rights and Good Governance. At year's end, it
remained undecided whether the commission would be led by a
commissioner or by a panel.
A human rights commission in the National Assembly sought to
strengthen the capacity of the legislature and other government
institutions to advance human rights, but it had few financial
resources. Credible human rights NGOs questioned the autonomy and
desire of this commission to affect real measures, as the National
Assembly was not generally considered sufficiently independent from the
executive branch.
The Government continued to cooperate with the International
Criminal Court, which continued its investigation into crimes committed
in the country in 2002-03 by the previous government and by soldiers
under the command of Jean Pierre Bemba, then a Congolese rebel leader.
In 2008 Bemba was arrested in Brussels. On November 22, the trial of
Bemba opened in The Hague at the International Criminal Court. By the
end of the year, 134 victims had been officially recognized by the
court with more than 1,000 others awaiting a judicial decision.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution stipulates that all persons are equal before the
law without regard to wealth, race, disability, language, or gender.
However, the Government did not enforce these provisions effectively,
and significant discrimination existed.
Women.--The law prohibits rape, although it does not specifically
prohibit spousal rape. Rape is punishable by imprisonment with hard
labor, but the law does not specify a minimum sentence. The Government
did not enforce the law effectively. Police sometimes arrested men on
charges of rape, although statistics on the number of individuals
prosecuted and convicted for rape during the year were not available.
The fear of social stigma inhibited many families from bringing suits.
Released in June 2009, the report of the UNOHCHR's UPRWG commended the
Government's 2007-11 national action plan to combat gender-based
violence; however, the report featured several recommendations from
working group members urging the Government to adopt measures to
enhance the fight against sexual violence.
During a visit to the country in February, UN High Commissioner for
Human Rights Pillay voiced deep concern over--and called for urgent
action on--the widespread sexual violence that women faced, noting that
crimes were being committed by both state and nonstate actors.
Few assessments have been conducted on the prevalence of rape.
However, according to a baseline study conducted in June and July 2009
by Mercy Corps in four nonconflict areas (Bangui, Bouar, Bambari, and
Bangassou), sexual violence against women was pervasive. One in seven
women reported having been raped in the past year, and the study
concluded that the true prevalence of rape may be even higher. In
addition, from February through November, an international NGO reported
128 total cases of gender-based violence brought to its attention in
the Nana Gribizi and Ouham Pende Provinces. The reports included male
and female rape, as well as gang rape. In 27 cases, the victim knew the
perpetrator and, in 18 cases, the perpetrator was armed. Of these 128
cases, two victims identified a member of the APRD as the perpetrator,
one assailant was a member of the FACA, and one was from an unspecified
armed entity. According to the NGO, in only three of the 128 cases were
attempts made to hold the perpetrators accountable. In one of these
three cases, the village leader reported the incident to the gendarmes,
and the case was still under investigation at year's end. In the other
two cases, the family members of the victims brought the two
perpetrators to the APRD who whipped each perpetrator 150 lashes each
and one was fined 250,000 CFA ($500). Victims were reluctant to report
the assaults out of fear of stigmatization.
Although the law does not specifically mention spousal abuse, it
prohibits violence against any person and provides for penalties of up
to 10 years in prison. Domestic violence against women, including wife
beating, was common; 25 percent of women surveyed in the Mercy Corps
study had experienced violence committed by their partner in 2009. Of
them 33 percent of men and 71 percent of women said it was acceptable
to use violence against women when women had not properly performed
their domestic tasks. Mercy Corps did not witness a significant change
during the year, although it did not carry out a new study. Spousal
abuse was considered a civil matter unless the injury was severe.
According to the AWJ, a Bangui-based NGO specializing in the defense of
women's and children's rights, victims of domestic abuse seldom
reported incidents to authorities. When incidents were addressed, it
was done within the family or local community. The deputy prosecutor
said he did not remember trying any cases of spousal abuse during the
year, although litigants cited spousal abuse during divorce trials and
civil suits.
Some women reportedly tolerated abuse to retain financial security
for themselves and their children.
The law prohibits sexual harassment; however, the Government did
not effectively enforce the law, and sexual harassment was a common
problem. The law describes no specific penalties for the crime.
The Government respected couples' rights to decide freely and
responsibly the number of children they had, as well as when they had
them. Most couples lacked access to contraception and skilled
attendance during childbirth. According to UNICEF data collected
between 2000 and 2006, 19 percent of women between the ages of 15 and
49 who were married or in union were using contraception, and only 44
percent of births were attended by skilled personnel. According to the
UN Population Funds, the maternal mortality rate remained extremely
high--850 out of every 100,000 live births and infant mortality was 106
deaths per 1,000 live births in 2008. UN sources estimated that a
woman's lifetime risk of maternal death was one in 27. There was little
information available regarding whether women received the same level
of care as men for sexually transmitted infections, including HIV. The
Government continued working with UN agencies to increase the use of
contraception, including by women, and to assist in other prevention
activities targeting sexually transmitted infections.
The law does not discriminate against women in inheritance and
property rights, but a number of discriminatory customary laws often
prevailed, and women's statutory inheritance rights often were not
respected, particularly in rural areas.
Women were treated as inferior to men both economically and
socially. Single, divorced, or widowed women, including those with
children, were not considered heads of households. One of every three
women surveyed by Mercy Corps stated they were excluded from financial
decisions in their households. By law men and women were entitled to
family subsidies from the Government, but several women groups
complained about lack of access to these payments for women. There were
no accurate statistics on the percentage of female wage earners.
Women's access to educational opportunities and to jobs, particularly
at higher levels in their professions or in government service,
remained limited. Some women reported economic discrimination in access
to credit due to lack of collateral. However, there were no reports of
discrimination in pay equity or owning or managing a business. Divorce
is legal and can be initiated by either partner.
Women, especially the very old and those without family, continued
to be the target of witchcraft accusations.
The AWJ advised women of their legal rights and how best to defend
them; it filed complaints with the Government regarding human rights
violations. During the year several women's groups organized workshops
to promote women's and children's rights and encourage women to
participate fully in the political process.
Children.--Citizenship is derived by birth in the national
territory or from one or both parents. The registration of births was
spotty, and Muslims reported consistent problems in establishing their
citizenship. Unregistered children faced limitations in access to
education and other social services. According to a 2006 UNICEF study
(the most recent available), total birth registration was 49 percent,
with 36 percent of children registered in rural areas. Registration of
births in conflict zones was likely lower than in other areas.
Education is compulsory for six years until the age of 15; tuition
is free, but students had to pay for their books, supplies,
transportation, and insurance. Girls did not have equal access to
primary education; 65 percent of girls were enrolled in the first year
of school, but only 23 percent of girls finished the six years of
primary school, according to a 2007 UNESCO study. At the secondary
level, a majority of girls dropped out at the age of 14 or 15 due to
societal pressure to marry and bear children.
Few Ba'aka (Pygmies) attended primary school. Some local and
international NGOs, including COOPI, made efforts (with little success)
to increase Ba'aka enrollment in schools; there was no significant
government assistance to these efforts.
The law criminalizes parental abuse of children under the age of
15. Nevertheless, child abuse and neglect were widespread, although
rarely acknowledged. A juvenile court tried cases involving children
and provided counseling services to parents and juveniles during the
year.
The law prohibits FGM, which is punishable by two to five years'
imprisonment and a fine of 100,000 to one million CFA francs ($200 to
$2,000) depending on the severity of the case; nevertheless, girls were
subjected to this traditional practice in certain rural areas,
especially in the Northeast and, to a lesser degree, in Bangui.
According to the AWJ, anecdotal evidence suggested FGM rates declined
in recent years as a result of efforts by UNICEF, AWJ, and the
Ministries of Social Affairs and Public Health to familiarize women and
girls with the dangers of the practice.
According to UNICEF data collected between 2002 and 2007, the
percentage of girls and women between the ages of 15 and 49 who had
undergone FGM was approximately 27 percent.
The law establishes 18 as the minimum age for civil marriage;
however, an estimated 61 percent of women between the ages of 20 and 24
were married before the age of 18, according to UNICEF data collected
between 1998 and 2007, and the 2006 Multiple Indicators Country Survey
reported that nearly 20 percent of women married before reaching the
age of 15. The Ministry of Family and Social Affairs had limited means
to address this problem. Early marriage was usually reported in less
educated and rural environments where the Government lacked authority.
The phenomenon of early marriage was more common in the Muslim
community.
There were no statutory rape or child pornography laws protecting
adolescent minors or children.
Child labor was widespread; forced child labor, including the use
of children as soldiers, occurred (see sections 1.g., 7.c., and 7.d.).
There were more than 6,000 street children between the ages of five
and 18, including 3,000 in Bangui, according to updated data collected
by the Ministry of Family and Social Affairs. Many experts believed
that HIV/AIDS and a belief in sorcery, particularly in rural areas,
contributed to the large number of street children. An estimated
300,000 children had lost one or both parents to HIV/AIDS, and children
accused of sorcery (often reportedly in connection to HIV/AIDS-related
deaths in their neighborhoods) often were expelled from their
households and were sometimes subjected to societal violence.
There were NGOs specifically promoting children's rights, including
some, such as Voices of the Heart, which assisted street children.
The country's instability had a disproportionate effect on
children, who accounted for almost 50 percent of IDPs during the year.
Access to government services was limited for all children, but
displacement reduced it further.
The country is not a party to the 1980 Hague Convention on the
Civil Aspects of International Child Abduction. For information on
international parental child abduction, please see the Department of
State's annual report on compliance at http://travel.state.gov/
abduction/resources/congressreport/congressreport--4308.html.
Anti-Semitism.--There was no significant Jewish community, and
there were no reports of anti-Semitic acts.
Trafficking in Persons.--For information on trafficking in persons,
please see the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip.
Persons With Disabilities.--The law prohibits discrimination
against persons with both mental and physical disabilities. It also
requires that for any company employing at least 25 persons, at least 5
percent of its staff must consist of sufficiently qualified persons
with disabilities, if they are available.
In addition the law states that each time the Government recruits
new personnel into the civil service, at least 10 percent of the total
number of newly recruited personnel should be persons with
disabilities. According to the Ministry of Family and Social Affairs,
the provision was not automatic and depended on the availability of
applications from persons with disabilities at the time of the
recruitment decision by the interested ministry.
There was no societal discrimination against persons with
disabilities. However, there were no legislated or mandated
accessibility provisions for persons with disabilities, and such access
was not provided in practice. Approximately 10 percent of the country's
population had disabilities, mostly due to polio, according to the 2003
census. The Government had no national policy or strategy for providing
assistance to persons with disabilities, but there were several one-of-
a-kind government and NGO-initiated programs designed to assist persons
with disabilities, including handicraft training for persons with
visual disabilities and the distribution of wheelchairs and carts by
the Ministry of Family and Social Affairs.
The Ministry of Family and Social Affairs continued to work with
the NGO Handicap International during the year to provide treatment,
surgeons, and prostheses to persons with disabilities.
National/Racial/Ethnic Minorities.--Violence by unidentified
persons, bandits, and other nonstate armed entities against the Mbororo
continued to be a problem, as they continued to suffer
disproportionately from the civil disorder in the North. Their cattle
wealth makes them attractive targets to the bandits and other nonstate
armed entities that controlled the North. Additionally, since many
citizens viewed the Mbororo as inherently foreign due to their
transnational migratory patterns, they faced occasional discrimination
with regard to government services and protections.
Indigenous People.--Despite constitutional protections, there was
societal discrimination against Ba'Aka (Pygmies), the earliest known
inhabitants of the rain forest in the South. Ba'Aka constitute
approximately 1 to 2 percent of the population. They continued to have
little say in decisions affecting their lands, culture, traditions, and
the exploitation of natural resources. Forest-dwelling Ba'Aka, in
particular, were subject to social and economic discrimination and
exploitation, which the Government has done little to prevent. Despite
repeated promises, the Government took no steps to issue and deliver
identity cards to Ba'Aka, lack of which, according to many human rights
groups, effectively denied them access to greater civil rights.
The Ba'Aka, including children, were often coerced into
agricultural, domestic, and other types of labor. They often were
considered to be the slaves of other local ethnic groups, and even when
they were remunerated for labor, their wages were far below those
prescribed by the labor code and lower than wages paid to members of
other groups.
Refugees International reported in recent years that Ba'Aka were
effectively ``second-class citizens,'' and the popular perception of
them as barbaric, savage, and subhuman seemingly had legitimized their
exclusion from mainstream society.
Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--The penal code criminalizes
homosexual behavior. The penalty for ``public expression of love''
between persons of the same sex is imprisonment for six months to two
years or a fine of between 150,000 and 600,000 CFA francs ($300 and
$1,200). When the relationships involve a child, the sentence is two to
five years' imprisonment or a fine of 100,000 to 800,000 CFA francs
($200 and $1,600); however, there were no reports that police arrested
or detained persons they believed to be involved in homosexual
activity.
While there is official discrimination based on sexual orientation,
there were no reports of the Government targeting gays and lesbians.
However, societal discrimination against homosexual conduct persisted
during the year, and many citizens attributed the existence of
homosexual conduct to undue Western influence.
Other Societal Violence or Discrimination.--Persons with HIV/AIDS
were subject to discrimination and stigma, although less so as NGOs and
UN agencies raised awareness about the disease and available
treatments. Nonetheless, many individuals with HIV/AIDS did not
disclose their status for fear of social stigma.
Section 7. Worker Rights
a. The Right of Association.--The law allows all workers, except
for senior-level state employees and security forces, including the
armed forces and gendarmes, to form or join unions without prior
authorization; however, only a relatively small part of the workforce,
primarily civil servants, exercised this right. The percentage of
Central Africans in the workforce during the year was estimated to be
as high as 82.6 percent or roughly 3.7 million. The percentage of
workers in agriculture was 66.8 percent, in the public sector 2.9
percent, and in the private sector 15.8 percent.
The labor code provides for the right of workers to organize and
administer trade unions without employer interference and grants trade
unions full legal status, including the right to file lawsuits. The
Government generally respected these rights in practice.
There continued to be substantial restrictions that made it
difficult for citizens to hold a leadership position within a union,
despite some amendments to the labor code. Although the labor code no
longer bars a person who loses the status of worker from belonging to a
trade union or participating in its administration, the law still
requires that union officials be full-time, wage-earning employees in
their occupation, and only allows them to conduct union business during
working hours as long as the employer is informed 48 hours in advance
and provides authorization. In addition the law requires that foreign
workers must meet the residency requirements of at least two years
before they may organize. In June the International Labor Organization
(ILO) requested the Government to amend these provisions to ensure they
are in conformity with ILO principles and standards.
Workers have the right to strike in both the public and private
sectors, and they exercised this right during the year; however,
security forces, including the armed forces and gendarmes, are
prohibited from striking. Requirements for conducting a legal strike
were excessively lengthy and cumbersome. To be legal, strikes must be
preceded by the union's presentation of demands, the employer's
response to these demands, a conciliation meeting between labor and
management, and a finding by an arbitration council that union and
employer failed to reach agreement on valid demands. The union must
provide eight days' advance written notification of a planned strike.
The law states that if employers initiate a lockout that is not in
accordance with the code, the employer is required to pay workers for
all days of the lockout. The Ministry of Labor has the authority to
determine a list of enterprises that are required by law to maintain a
``compulsory minimum service'' in the event of a strike. The Government
has the power of requisition or the authority to end strikes by
invoking the public interest. The code makes no other provisions
regarding sanctions on employers for acting against strikers. In June,
as on numerous other occasions, the ILO requested the Government to
amend the relevant provisions to ensure the scope of the ``minimum
service'' and the Government's power to end strikes would conform with
ILO principles and standards to provide that the workers' right to
strike would not be unfairly undermined.
b. The Right to Organize and Bargain Collectively.--The labor code
provides that unions may bargain collectively in the public and private
sectors, and provides workers protection from employer interference in
the administration of a union.
Collective bargaining occurred in the private sector during the
year, although the total number of collective agreements concluded
during the year was unknown. The Government generally was not involved
if the two parties were able to reach an agreement.
In the civil service, the Government, which was the country's
largest employer, set wages after consultation, but not negotiation,
with government employee trade unions. Salary arrears continued to be a
severe problem for armed forces personnel and the 24,000 civil
servants. In June the ILO recommended that the Government amend a
provision of the labor code, which in effect hinders the public sector
workers' right to bargain collectively by providing for the negotiation
of collective agreements in the public sector by professional groupings
even when trade unions exist.
The law expressly forbids antiunion discrimination. The president
of the labor court said the court did not hear any cases involving
antiunion discrimination during the year. Labor unions did not report
any underlying patterns of discrimination or abuse.
Employees can have their cases heard in the labor court. The law
does not state whether employers found guilty of antiunion
discrimination are required to reinstate workers fired for union
activities, although employers found guilty of such discrimination were
required by law to pay damages, including back pay and lost wages.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor.--Although the labor
code specifically prohibits forced or compulsory labor and prescribes a
penalty of five to 10 years' imprisonment, the Government did not
enforce the prohibition effectively, and there were reports that such
practices occurred. Women and children were trafficked for forced
domestic labor, agricultural labor, mining, sales, restaurant labor,
and sexual exploitation. Prisoners often worked on public projects
without compensation. In rural areas, there were reported cases of the
use of prisoners for domestic labor at some government officials'
residences. However, in Bangui and other large urban areas, the
practice was rare, partly because of the presence of human rights NGOs
or lawyers. Prisoners often received shortened sentences for performing
such work. Ba'Aka, including children, often were coerced into labor as
day laborers, farm hands, or other unskilled labor, and often treated
as slaves.
Also see the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip.
d. Prohibition of Child Labor and Minimum Age for Employment.--The
labor code's prohibition of forced or compulsory labor applies to
children, although they are not mentioned specifically. Other
provisions of the labor code forbid the employment of children younger
than 14 years of age without specific authorization from the Ministry
of Labor; however, the Ministry of Labor and Civil Service did not
enforce these provisions. Child labor was common in many sectors of the
economy, especially in rural areas, and forced labor also occurred.
Unlike in previous years, there were no reports that children were
employed on public works projects or at the residences of government
officials. The labor code provides that the minimum age for employment
could be as young as 12 years of age for some types of light work in
traditional agricultural activities or home services. The law prohibits
children younger than 18 years old from performing hazardous work or
working at night. The law defines hazardous work as any employment that
endangers children's physical and mental health. However, children
continued to perform hazardous work during the year. The labor code
does not define the worst forms of child labor.
According to data collected by UNICEF in surveys between 1999 and
2007, approximately 47 percent of children between the ages of five and
14 years were involved in child labor. UNICEF considered a child to be
involved in labor if, during the week preceding the survey, a child
between five and 11 years old performed at least one hour of economic
activity or at least 28 hours of domestic work or a child between 12
and 14 years old performed at least 14 hours of economic activity or at
least 28 hours of domestic work.
Throughout the country, children as young as seven years old
frequently performed agricultural work. Children often worked as
domestic workers, fishermen, and in mines (often in dangerous
conditions). International observers noted that children worked in the
diamond fields alongside adult relatives, transporting and washing
gravel, as well as in gold mining, digging holes, and carrying heavy
loads. The mining code specifically prohibits child or underage labor;
however, this requirement was not enforced during the year, and many
children were seen working in and around diamond mining fields.
In Bangui many of the city's estimated 3,000 street children worked
as street vendors.
During the year nonstate armed entities recruited and used child
soldiers (see section 1.g.).
Displaced children continued to work in fields for long hours in
conditions of extreme heat, harvesting peanuts and cassava, and helping
gather items that were sold at markets, such as mushrooms, hay,
firewood, and caterpillars.
Also see the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip.
e. Acceptable Conditions of Work.--The labor code states that the
minister of labor must set minimum wages in the public sector by
decree. The minimum wages in the private sector are established on the
basis of sector-specific collective conventions resulting from
negotiations between the employer and workers' representatives in each
sector.
The minimum wage in the private sphere varies by sector and by kind
of work. For example, the monthly minimum wage was 8,500 CFA francs
($17) for agricultural workers and 26,000 CFA francs ($52) for
government workers.
The minimum wage only applies to the formal sector, leaving much of
the economy unregulated in terms of wages. The annual minimum wage
increased 12 percent during the year from 25,000 CFA ($50) to 28,000
CFA ($56). However, the minimum wage does not provide a decent standard
of living for a worker and family. The law applies to foreign and
migrant workers as well. Most labor was performed outside the wage and
social security system (in the extensive informal sector), especially
by farmers in the large subsistence agricultural sector.
The law sets a standard workweek of 40 hours for government
employees and most private sector employees. Household employees may
work up to 52 hours per week. The law also requires a minimum rest
period of 48 hours per week for both citizens and foreign and migrant
workers. Overtime policy varied according to the workplace; violations
of overtime policy were taken to the Ministry of Labor, although it is
unknown whether this occurred in practice during the year. The
Government does not enforce labor standards.
There are general laws on health and safety standards in the
workplace, but the Ministry of Labor and Civil Service neither
precisely defined nor enforced them. The labor code states that a labor
inspector may force an employer to correct unsafe or unhealthy work
conditions, but it does not provide the right for workers to remove
themselves from such conditions without risk of loss of employment.
There are no exceptions for foreign and migrant workers.
__________
CHAD
Chad is a centralized republic with a population of approximately
11 million. In 2006 President Idriss Deby Itno, leader of the Patriotic
Salvation Movement (MPS), was elected to a third term in what
unofficial observers characterized as an orderly but seriously flawed
election boycotted by the opposition. Deby has ruled the country since
taking power in a 1990 coup. The executive branch dominated the
legislature and judiciary.
On January 15, the Governments of Chad and Sudan signed an
agreement to normalize relations. Both parties agreed to end the
presence of and support for the other's armed opposition groups in
their respective territories. The Governments also agreed to establish
a joint force to patrol and monitor the shared border; the joint force
was established in February. Hundreds of Chadian rebels who had been
living in Sudan returned to the country during the year. The Government
withdrew support for the Justice and Equality Movement (JEM) and
expelled JEM personnel, including leader Khalil Ibrahim. Fighting
between government forces and rebels occurred once during the year, and
there were no reports of cross-border raids by militias based in
Darfur, Sudan.
In January President Deby announced that he would not support the
renewal of MINURCAT, the UN Mission in the Central African Republic
(CAR) and Chad. On May 25, following subsequent discussions between the
Government and the United Nations, UN Security Council Resolution 1923
extended MINURCAT's mandate until December 31, with a reduction in its
military personnel and complete withdrawal of military and civilian
elements, other than those required for the mission's liquidation, by
that date. MINURCAT concluded operations and withdrew from the country
by December 31. There were instances in which elements of the security
forces acted independently of civilian control.
Human rights abuses included limitations on citizens' right to
change their government; extrajudicial killings, including politically
motivated killings; criminal kidnappings of children for ransom;
torture, beatings, and rape by security forces; security force
impunity; harsh and life-threatening prison conditions; arbitrary
arrest and detention; incommunicado detention; lengthy pretrial
detention; denial of fair public trial; executive interference in the
judiciary; arbitrary interference with privacy, family, and
correspondence; limitations on freedom of speech, press, and movement;
abuse of refugees; widespread official corruption; kidnappings of
nongovernmental organization (NGO) personnel by armed groups and
bandits; societal discrimination and violence against women, including
female genital mutilation (FGM); child abuse, abduction, and
trafficking; and child marriage. Use of child soldiers occurred,
although reports of such activity greatly decreased during the year.
Ethnic-based discrimination; repression of union activity; forced
labor, including by children; and exploitive child labor were problems.
Ethnic-based rebel groups and bandits committed human rights
abuses, including killings; abductions, rape, and injury of civilians;
use of child soldiers; and attacks against humanitarian workers. The
Government's defeat of rebel groups and expulsion of JEM personnel,
however, impeded their ability to operate within the country, resulting
in a dramatic decrease in human rights abuses committed by such groups.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were reports
that the Government or its agents committed arbitrary or unlawful
killings, including politically motivated killings, generally of those
suspected of rebel affiliations. Killings were sometimes committed by
``men in uniform,'' and it was often not possible to determine whether
perpetrators were members of the armed forces or police, or whether
they were acting on official orders. The Government generally did not
prosecute or punish security force members who committed killings.
On January 11, in Doba, security forces reportedly kidnapped and
killed Madjingar Kemhodjim due to his alleged membership in a southern-
based rebel group. Kemhodjim's body was found in a local cemetery.
On March 23, in Haraze-Mangaine, members of the Chadian National
Army (ANT) killed Fadoul Barcham, a district chief. According to a
local human rights organization, Barcham was killed because he did not
support local representatives of the ruling MPS party.
On October 19, in Guereda, ANT soldiers detained and reportedly
beat a minor for allegedly possessing weapons; the minor subsequently
died in ANT custody. In retaliation, on October 21, ANT troops of the
boy's ethnic Tama tribe confronted the ethnic Zaghawa ANT troops
accused of the beating death. A subsequent exchange of fire killed an
ANT officer from each tribe.
Following the January accord between the Governments of Chad and
Sudan, fighting between government and rebel forces occurred on one
occasion; however, there were no reports of civilian killings.
The Government conducted no investigations of the following 2009
security force killings in connection with the conflict in the East:
the May summary executions by soldiers of at least nine rebels in Am
Dam; the May killings of civilians in Am Dam as a result of government
tanks crushing suspected rebel homes; the July killings by soldiers of
five unidentified persons, whose bodies were found buried outside of
Pala; and the December killing of Regine Doumro by a uniformed
perpetrator.
Attacks on travelers by armed bandits, some of whom wore uniforms,
resulted in deaths, although there were fewer such attacks than in the
previous year. Some of the perpetrators were identified as active duty
soldiers or deserters. It was often unclear whether the killings were
politically or criminally motivated.
For example, on June 2, in N'Djamena armed bandits suspected of
being ANT members killed Ali Karachi Abderamane, an aviation
technician. Local media reported that Abderamane was killed due to his
relationship with an exiled regime opponent.
No investigation was conducted in the January 2009 killing by
unknown assailants of Gani Nassour Betchi, sister of rebel leader Tom
Erdimi.
No action was taken to identify the perpetrators of numerous cases
of human rights abuse reported by the Commission of Inquiry, which was
established to investigate disappearances and other abuses that
occurred during the 2008 rebel attack and government counterattack in
N'Djamena. However, on November 18, the Council of Ministers authorized
the defense minister and former interior minister to provide witness
testimony to judicial investigators. The commission's 2008 report
charged that 977 persons--including civilians, ANT personnel, and
rebels--were killed, 1,758 injured, 34 raped, and 380 detained in
N'Djamena and the provinces during that period. In 2009 the Government
established an additional subcommittee under the minister of justice to
reexamine cases discussed in the commission's report.
There were no developments in the following 2008 security force
killings: the civilian killings resulting from the ANT's destruction of
several villages in Maitoukoulou, CAR and the killing of supporters of
Sheikh Ahmet Ismael Bichara in response to their alleged attack on
security forces.
The two persons detained in Sarh for the 2008 high-profile killing
of college professor Tenebaye Oringar remained in detention awaiting
trial at year's end.
Unlike in previous years, there were no reports of civilian deaths
resulting from unexploded ordnance, including landmines, laid by
government, rebel, and foreign units.
Interethnic fighting resulted in deaths.
For example, in June, in continuation of a decades-long ethnic
feud, armed Zaghawa entered the court in Abeche and killed several
ethnic Tama who had completed prison terms for an offense committed
against the Zaghawa, but who had refused to leave prison for fear of
their personal safety.
The alleged perpetrators of the killings of nine persons during the
November 2009 interethnic conflict between herders and farmers in Kana
District remained in detention without charge at year's end.
Children kidnapped for ransom were sometimes killed (see section
1.b.).
b. Disappearance.--Unlike in the previous year, there were no
reports of politically motivated disappearances; however, the
whereabouts of persons arrested for political reasons in previous years
remained unknown. Persons were held incommunicado during the year.
On June 6, armed bandits kidnapped Hubert Blama, an employee of the
British NGO Oxfam; Blama was subsequently released (see section 5).
The whereabouts of Ibni Oumar Mahamat Saleh, one of three prominent
opposition leaders arrested in 2008, remained unknown. Despite pressure
from foreign governments, local human rights groups, and members of
Ibni's political party, who during the year held an assembly calling
for government action on the case, no arrests were made. In January an
interministerial committee, established to investigate unresolved cases
connected to the 2008 rebel attacks, requested a six-month extension to
complete its work; however, no information about Ibni's case had been
released by year's end.
The whereabouts of at least 135 rebels captured during the 2008
rebel attack on N'Djamena remained unknown at year's end.
The kidnapping of children for ransom in the Mayo-Kebbi Ouest
Region remained a problem, although there were fewer such incidents
than in the previous year. Armed persons, both local and from
neighboring countries, reportedly kidnapped children, especially Peuhl
children, due to perceptions that Peuhl families were wealthier than
those of other ethnic groups. According to a local NGO, 148 children
were kidnapped from 2007-09, and the total ransom money paid was
approximately 157 million CFA ($314,000). During the same period, 114
children held by bandits were killed, some by kidnappers when ransom
payments were not forthcoming and others during police attempts to free
them.
On July 16, local human rights representatives in Pala reported the
kidnapping of a four-year-old child near Fianga. During the same month,
another local human rights group reported the kidnapping of two
children in Bongor. On September 23, five children were kidnapped for
ransom; on October 28, one kidnapped child was found dead after the
parents were unable to pay the ransom in time. According to the human
rights organization, no investigation of the death was conducted.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution and law prohibit such practices; however,
the Government did not respect these provisions in practice. Security
force members tortured, beat, raped, and abused persons, particularly
those suspected of rebel activity or collaboration with rebels. The
Government took no known action against security force members
responsible for such abuse.
On January 24, in N'Djamena security forces arrested Mbailassem
Berangoto, who allegedly was tortured during detention. No information
was available on the reasons for Berangoto's arrest, and no action had
been taken against security force members reportedly involved in his
torture by year's end.
On February 7, in Salamat gendarmes arrested Djibrine Noh, who was
subsequently tortured during detention. As a result of injuries
inflicted during the torture, doctors amputated Noh's right hand after
he was released.
On May 12, in Sarh government intelligence agents arrested
Madjadoumbe Ngom Halle, who they subsequently tortured during
detention. Halle was released on June 16.
No action was taken against security forces involved in the
following 2009 cases of torture: the March 19 detention and torture by
military personnel of Malioum Ousamane; the March 26 arrest and torture
by police of 15-year-old Mahamat Nour Abrass; and the May 29 torture by
security agents of Yaya Erdimi.
Police, gendarmes, and ANT personnel raped women and girls.
No action was taken in the following 2009 cases of security force
rape: the May 7 rape by ANT soldiers of a girl and a woman near Am Dam;
the July 1 rape of an 11-year-old girl by men in uniform; and the
kidnap and rape by ANT soldiers of 10 girls.
Unlike in the previous year, there were no reports that unexploded
ordnance, including landmines laid by government, rebel, or foreign
forces, resulted in injuries.
Prison and Detention Center Conditions.--Prison conditions remained
harsh and life threatening. Prisons were seriously overcrowded; had
poor sanitation; and provided inadequate food, shelter, and medical
facilities. Regional detention centers, which were crumbling,
overcrowded, and without adequate protection for women and youth, had
no budgets to provide meals for inmates. Prison guards were not
regularly paid, and sometimes ``released'' prisoners who offered
compensation for the service. Provisions for ventilation, temperature,
lighting, and access to potable water were inadequate or nonexistent.
The law provides that a doctor must visit each prison three times a
week, but this provision was not respected. Forced labor in prisons
occurred.
As a result of inadequate record-keeping and management, many
individuals remained in prison after completing their sentences or
after courts had ordered their release. During the year Justice
Minister Mbailao Naimbaye Lossimian and other government officials
visited various prisons throughout the country to evaluate conditions.
In May the justice minister ordered a survey of all prisoners to assess
the disposition of cases and whether prisoners knew their rights. The
survey revealed there were prisoners without case files, who had been
detained more than three years with no follow-up by judges or lawyers.
Local human rights organizations continued to report on the
existence of military prisons to which access was prohibited; they also
reported on the existence of secret prisons run by the National
Security Agency and the General Directorate of Security Services for
National Institutions (DGSSIE). According to local human rights
organizations, persons were detained in secret detention facilities
under the authority of the Ministry of the Environment; other
international organizations disputed this claim.
There were continued reports that rebel suspects were being held in
the Koro Toro detention facility, which was operated by the Public
Security and Immigration Ministry. (During the year the president
divided the former ministry of interior into two entities: the Ministry
of Public Security and Immigration and the Ministry of Territorial
Administration.) On August 11, an opposition Web site released a list
of 750 prisoners allegedly detained there. No information on prison
conditions was available. In December the Government formally
transferred control of the prison to the Ministry of Justice in an
effort to improve conditions, encourage due process, and provide
humanitarian access.
Estimates of deaths due to poor prison conditions varied. A local
human rights group reported 10 prisoners died during the year; however,
an opposition Web site claimed that 20 prisoners had died in Koro Toro
Prison alone.
The Government did not keep statistics on the number of prisoners
and detainees in the country, and no information was available.
Juvenile males were not always separated from adult male prisoners, and
children were sometimes held with their inmate mothers. During a July 2
to 5 Justice Ministry visit to five eastern towns, officials found
children as young as eight years old incarcerated for petty thievery.
Pretrial detainees were held with convicted prisoners.
Prisoners generally had access to visitors and were permitted
religious observance. There was no regular mechanism by which prisoners
could submit complaints about prison conditions, and there were no
judicial authorities to receive such complaints.
The Government honored a permanent authorization notice of the
Chadian Association for the Promotion and Defense of Human Rights
(ATPDH), allowing the organization to visit civilian prisons at any
time without advance notice. Other local NGOs, including human rights
groups, were required to obtain authorization from a court or from the
director of prisons; granting of such authorizations depended largely
on the personal inclinations of those with authority to grant
permission. Local NGOs were not allowed access to military prisons.
The Government permitted the International Committee of the Red
Cross (ICRC) to visit civilian prisons under the control of the
Ministry of Justice and, during the year, the ICRC conducted such
visits. Despite repeated ICRC requests, the Government denied access to
the Koro Toro detention facility, which was run by the Ministry of
Public Security and Immigration. However, the Ministry of Justice,
which assumed authority for the Koro Toro facility in December, assured
the ICRC that access would be forthcoming. The Government also
restricted ICRC access to detention centers operated by other
ministries.
d. Arbitrary Arrest or Detention.--The constitution and law
prohibit arbitrary arrest and detention; however, security forces often
violated these provisions.
Role of the Police and Security Apparatus.--The ANT, gendarmerie,
national police, nomadic guard (GNNT), DGSSIE, and counterintelligence
service (ANS) are responsible for internal security. The Integrated
Security Detachment (DIS), which reports to the National Coordination
of Support to Humanitarian Activities and the Integrated Security
Detachment, is responsible for reducing insecurity in refugee camps and
for protecting refugees and IDPs. The ANT, gendarmerie, and GNNT report
to the Ministry of Defense; the National Police reports to the Ministry
of Public Security and Immigration; and the DGSSIE and ANS report to
the president. Officers from President Deby's ethnic group, the
Zaghawa, and closely allied ethnic groups dominated the ANS. The
DGSSIE's ethnic composition was mixed, but Zaghawas were
overrepresented. The police force was centrally controlled, but
exercising oversight, particularly outside N'Djamena, was difficult.
Police were corrupt and involved in banditry, arms proliferation,
and extortion. Security force impunity was widespread (see section 5).
As a result of the January 15 peace accord with Sudan, a mixed
Chadian-Sudanese border force to patrol between the two countries was
established in February. The Government and outside observers
considered the border force effective. Command authority alternated
every six months between Chad and Sudan.
In 2009 the Government initiated an extensive military
modernization program to professionalize and reduce the size of the
armed forces. Part of the effort included ascertaining who still
collected military salaries and wore uniforms, since many former
military personnel continued to do so, and former soldiers sometimes
posed as active duty military and committed crimes with government-
issued weapons. However, weapons were pervasive in the country, there
was no standardized military uniform (except for the beret), and
camouflage uniforms were readily available in the marketplace. Reports
of violence were often accompanied by witnesses claiming the
perpetrator was ``someone in uniform.''
In January President Deby announced that he would not support the
renewal of MINURCAT, which the UN authorized in 2007 to protect
civilians, support regional peace, and promote human rights and the
rule of law in eastern Chad and northeastern CAR. Deby claimed the
Government could perform MINURCAT's protection functions as well as UN
peacekeepers. On May 25, following subsequent discussions between the
Government and the UN, UN Security Council Resolution 1923 extended
MINURCAT's mandate until December 31, with a reduction in its military
personnel and complete withdrawal of military and civilian elements,
other than those required for the mission's liquidation, by that date.
MINURCAT ended all military operations on October 15. On December 31,
MINUCAT transferred its remaining functions to the Government.
Arrest Procedures and Treatment While in Detention.--Although the
constitution and law require a judicial official to sign arrest
warrants, secret detentions occurred. Detainees were not promptly
informed of charges, and judicial determinations were not made
promptly. The law requires access to bail and counsel, but neither was
regularly provided. Incommunicado detention was a problem, and there
were reports that persons held incommunicado were tortured. The
constitution and law state that legal counsel should be provided for
indigent defendants and that defendants should be allowed prompt access
to family members; however, in practice this usually did not occur.
Security forces arbitrarily arrested and reportedly tortured
detainees, particularly those suspected of collaborating with rebels;
however, unlike in the previous year, there were no reports that
political leaders, civil society representatives, or human rights
activists were arrested.
On March 31, gendarmes in N'Djamena arbitrarily arrested without
charge Abakar Hassane, a driver. Hassane was later released after the
Chadian League for Human Rights (LTDH), a local human rights
organization, lodged a complaint.
During the same month, in N'Djamena intelligence agents arrested
without charge Mahamat Abrass Moussa, who remained in ANS detention at
year's end. The Government denied access to the ICRC and a local human
rights organization, both of which had requested permission to visit
Moussa.
In April in Guidari, the LTDH reported that gendarmes arrested,
detained, and fined 20 farmers a total of 232,000 CFA ($464) for
allegedly felling trees on their farms; the law prohibits the mass
destruction of trees, although security forces sometimes used the law
to extort money from persons who cut a single tree. The farmers were
released after the LTDH filed a complaint with the court in Moundou.
Lengthy pretrial detention remained a problem. Persons accused of
crimes could be imprisoned for several years before being charged or
tried, particularly those who were arrested in the provinces for
felonies and transferred to prison in N'Djamena. Lengthy pretrial
detention resulted from a weak judiciary, which functioned poorly in
urban areas and was generally ignored outside of the capital.
Amnesty.--On January 14, 175 prisoners were pardoned following a
New Year's amnesty declared by the president.
e. Denial of Fair Public Trial.--The constitution and law provide
for an independent judiciary; however, the judiciary was ineffective,
underfunded, overburdened, and subject to executive interference.
Intimidation and violence against judicial members were also problems,
and members of the judiciary sometimes received death threats or were
demoted or removed from their positions for not acquiescing to pressure
from officials. Courts were generally weak and in some areas
nonexistent or nonfunctional. For example, there were only 150 judges
in the country and all had to hand-write court documents. The
constitution mandates that the Superior Council of Magistrates
recommend judicial nominees and sanction judges who commit
improprieties; however, the Government prevented any sanctions from
being considered or carried out. A judicial oversight commission has
the power to conduct investigations of judicial decisions and address
suspected miscarriages of justice; however, the president appointed
commission members, which increased executive control over the
judiciary and diminished the authority of the superior council. Some
members of the Supreme Court, Constitutional Court, and Court of
Appeals were appointed by the Government rather than popularly elected
as required by law, which further weakened judicial independence.
During the year the justice minister organized a variety of trips
around the country to evaluate the judicial system personally; most
results of those visits were not made public.
Government officials, particularly members of the military, had
impunity (see section 4). During the year there were reports that the
mayor of Abeche prevented the enforcement of sentences delivered by the
court. According to one report, persons detained on criminal charges in
the East and sent to N'Djamena for prosecution later reappeared in
military uniform in Abeche.
Applicable law was sometimes confusing, as courts tended to blend
the formal French-derived legal code with traditional practices, and
customary law often superseded Napoleonic law in practice. Residents of
rural areas often lacked access to formal judicial institutions, and
legal reference texts were not available outside the capital or in
Arabic. In most minor civil cases, the population relied on traditional
courts, over which village chiefs, canton chiefs, or sultans presided.
Penalties in traditional courts varied and sometimes depended on the
clan affiliation of the victim and perpetrator. Decisions of
traditional courts can be appealed to a formal court. During the year
the UN conducted a program to train local chiefs and officials on
mediation techniques and practices.
The law provides that crimes committed by military members be tried
by a military court; however, no such courts existed.
Trial Procedures.--The law provides for a presumption of innocence;
however, in practice many judges assumed a suspect's guilt, sometimes
as a means to extort money from the defendant. For example, in the few
cases of rape that reached the courts, defendants were fined rather
than tried as a means to extort money. Trials are public and use
juries, except in politically sensitive cases. Defendants have the
right to be present in court. They also have the right to consult an
attorney in a timely manner; however, in practice detained persons were
not always given access to counsel. The law states that indigents
should be provided promptly with legal counsel, but this seldom
occurred in practice. Human rights groups sometimes provided free
counsel to indigent clients. Defendants, their lawyers, and judges are
permitted by law to question witnesses. Defendants have the right to
present witnesses and evidence on their own behalf. Defendants and
their attorneys have access to government-held evidence relevant to
their cases, except in politically sensitive cases. Defendants have the
right to appeal decisions. The law extends these rights to all
citizens.
Local leaders decide in a particular case whether to apply the
Islamic concept of dia, which involves a payment to the family of a
crime victim. The practice was common in Muslim areas. Non-Muslim
groups, which supported implementation of a civil code, continued to
challenge the use of the dia concept, arguing that it was
unconstitutional.
Political Prisoners and Detainees.--The Government held political
detainees and prisoners during the year; however, the absence of
statistics and records made it difficult to ascertain how many were
held.
Civil Judicial Procedures and Remedies.--The judiciary reportedly
was not always independent or impartial in civil matters. There are
administrative and judicial remedies available such as mediation for
alleged wrongs. Suits for human rights violations may be brought before
the penal tribunal or the penal court; compensation is addressed in the
civil court.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The constitution provides for the right to privacy and
inviolability of the home; however, the Government conducted illegal
searches and wiretaps, monitored private mail and e-mail, and continued
home demolitions in N'Djamena. Security forces regularly stopped
citizens and extorted money or confiscated belongings.
In June the Government demolished homes, businesses, NGO
headquarters, and government facilities as part of its ongoing urban
renewal efforts in N'Djamena. The demolitions, which began in 2008,
have left tens of thousands of persons without shelter or means of
earning income. Citizens charged that the Government had not given
proper advance notification of the home demolitions, although the
Government claimed that citizens had not heeded notifications to move.
The Government provided compensation to those with deeds; however,
critics charged that the compensation was inadequate and not available
to all. New construction to replace demolished housing began during the
year, but many newly homeless persons were living in vacant lots at
year's end.
The Ministry of Public Security and Immigration maintained an
emergency-era ban on both the possession and use of satellite
telephones. Military and police personnel searched for and confiscated
satellite telephones.
Unlike in previous years, there were no reports that police
arrested family members of suspects.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The constitution provides for
freedom of opinion, expression, and of the press, with restrictions if
public order, good morals, or the rights of others are affected;
however, the Government did not always respect these rights, although
press freedom improved during the year. The constitution also prohibits
propaganda of an ethnic, regionalist, or religious nature that affects
national unity or the secular nature of the state. Journalists and
publishers practiced self-censorship.
Individuals who publicly criticized the Government said they risked
reprisals, and the Government reportedly attempted to control criticism
by intimidating critics and monitoring opposition meetings.
On August 18, the National Assembly adopted a new law on press
freedom, Law No. 17, and rescinded Ordinance 5, the 2008 presidential
decree that placed state-of-emergency restrictions on speech and press.
Most observers welcomed the new law, which decriminalizes many press
offenses as well as the specific crime of offending the head of state.
However, others criticized provisions that prohibit journalists or
newspapers from inciting racial or ethnic hatred or condoning violence,
for which penalties include jail sentences of up to one year, fines of
up to one million CFA ($2,000 dollars), or a six-month suspension of
publication.
Some journalists in rural areas reported that government officials
warned them not to engage in political reporting on contentious
subjects. In addition some domestic journalists claimed the Government
restricted their ability to cover events or visit certain locations and
limited their access to high-ranking officials, restrictions the
Government did not impose on foreign journalists.
On January 6, an N'Djamena court ordered the suspension of the
opposition publication La Voix du Tchad following the High Council for
Communications (HCC) order that it cease publication in December 2009
because it was not licensed. The newspaper was permitted to resume
publishing in mid-January.
In the October 14 to 17 edition of the local newspaper N'Djamena
Bi-Hebdo, the publishers included an article comparing southern Sudan
with southern Chad. The prime minister called the article ``dangerous''
and asked the HCC to act on the matter. On October 19, the HCC met with
journalists and warned N'Djamena Bi-Hebdo in particular and all media
houses in general to ``observe ethics rules'' by not printing articles
that risked inciting hatred, violence, or separatist sentiment.
Unlike in the previous year, there were no reports of foreign
journalists being deported.
Radio remained the most important medium of mass communication.
Government-owned Radiodiffusion Nationale Tchadienne had several
branches. There were numerous private radio stations that broadcast
throughout the country; many of them were owned by religious
organizations, including four stations affiliated with the Catholic NGO
BELACD.
The licensing fee set by the HCC for a commercial radio station
remained prohibitively high at approximately five million CFA
(approximately $10,000) per year, 10 times the fee for radio stations
owned by nonprofit NGOs. The HCC monitored and censored the content of
radio station programming.
The Government owned and operated the only domestic television
station but did not interfere with reception of channels originating
outside the country.
Internet Freedom.--There were no government restrictions on access
to the Internet; however, the Government reportedly monitored e-mail.
Although increasingly available to the public at Internet cafes, most
persons could not afford Internet access. Lack of infrastructure
limited public access elsewhere. According to International
Telecommunication Union statistics for the year, approximately 1.19
percent of the country's inhabitants used the Internet.
Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.
b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The constitution provides for freedom of assembly, with
restrictions if the rights of others, public order, and morals are
affected; unlike in the previous year, the Government generally
respected this right. The law requires organizers of demonstrations to
notify the Government five days in advance.
Freedom of Association.--The constitution and law provide for
freedom of association, with restrictions if the rights of others,
public order, and morals are affected, and the Government respected
this right in practice.
An ordinance requires prior authorization from the Ministry of
Territorial Administration before an association, including a labor
union, may be formed; however, there were no reports that the ordinance
was enforced. The ordinance also allows for the immediate
administrative dissolution of an association and permits authorities to
monitor association funds.
c. Freedom of Religion.--For a complete description of religious
freedom, please see the 2010 International Religious Freedom Report at
www.state.gov/g/drl/irf/rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--Although the constitution and law
provide for freedom of movement within the country, foreign travel,
emigration, and repatriation, the Government imposed limits on these
rights.
The Government cooperated with the Office of the UN High
Commissioner for Refugees (UNHCR) and other humanitarian organizations
in providing protection and assistance to internally displaced persons,
refugees, and other persons of concern.
The Ministry of Territorial Administration required foreigners,
including humanitarian agency personnel, to obtain authorization to
travel to the eastern part of the country.
Security forces, bandits, and, to a lesser extent than in previous
years, rebel groups continued to maintain roadblocks, extorting money
from travelers, often beating and in some cases killing them.
Armed bandits, herders involved in cross-border conflict over
resources, and rebel groups along the border with CAR continued to
hinder free movement in the region.
The law prohibits forced exile, and the Government did not use it.
The Government continued active negotiations with rebel groups to
convince them to renounce their rebel associations and integrate into
the ANT or civilian life. Returning rebels who gave up former
affiliations were not arrested or threatened with arrest, although
rebels captured without surrendering were detained. During the year
hundreds of rebel fighters returned voluntarily from Sudan; in 2009
between 2,000 and 3,000 rebels returned to the country. However, rebel
fighters remained in Sudan at year's end.
Internally Displaced Persons (IDPs).--Approximately 170,000 IDPs,
most of whom were displaced in 2005 as a result of interethnic fighting
over scarce water and land resources during drought, resided in 38
camps in the country. Many IDPs were reluctant to return to their
original homes, which often had been resettled by other groups and
frequently provided less access to potable water and primary health
care. The Government continued to allow IDPs access to humanitarian
organizations and permitted them to accept assistance provided by these
groups. Although UN and humanitarian organizations operated in the
country during the year, lack of security lessened their ability to
provide services to IDPs and refugees.
Sexual violence against displaced women and girls in the eastern
part of the country was a problem. Four ANT soldiers reportedly raped
an IDP during the year, and there were reports that organized groups
and bandits raped IDPs. While in the past such violence was primarily
perpetrated by soldiers, rebels, and bandits, during the year such
attacks were perpetrated primarily by unemployed male IDPs. Observers
commented that male IDP inability to obtain livelihoods contributed to
domestic violence.
As in the rest of the country, perpetrators of sexual violence
rarely were prosecuted, and government efforts to protect vulnerable
women were inadequate. However, the Government conducted extensive
sensitization campaigns against sexual violence and urged women to come
forward without fear of reprisal.
Although there were more than 70 international humanitarian
organizations in the eastern part of the country, there were gaps in
their protection mechanisms as well. For example, victims of sexual
violence may need a medical certificate to proceed with a legal case,
but they struggled to get these certificates from NGO doctors wary of
engaging in court processes. The mobile courts organized by the UN only
made occasional visits to each area and rarely addressed sexual
violence cases.
Tension between IDPs and local communities existed. IDPs generally
were located near internationally provided potable water and health
services, which sometimes created resentment in host communities that
did not receive such services.
Tens of thousands of persons lost their homes and means of
livelihood as a result of the Government's ongoing urban renewal
program in N'Djamena (see section 1.f.).
Protection of Refugees.--The country's laws do not provide for the
granting of asylum or refugee status; however, the Government has
established a system for providing protection to refugees. In practice
the Government provided protection against the expulsion or return of
refugees to countries where their lives or freedom would be threatened
on account of their race, religion, nationality, membership in a
particular social group, or political opinion.
By September approximately 270,000 Sudanese refugees from Darfur
remained in the country, most located in 12 camps along the eastern
border with Sudan. Approximately 80,000 refugees from CAR lived
primarily in five camps in the south, and approximately 5,000 refugees
of various nationalities lived in urban areas.
Insecurity in the East, including rebel and bandit attacks,
hindered the ability of humanitarian organizations to provide services
to refugees. NGO workers traveling between camps frequently were
victims of carjackings and armed robberies.
The UNHCR and its partner organizations continued to express
concern regarding the potential for militarization of refugee camps by
Sudanese and Chadian rebels, particularly camps located close to the
border. The recruitment of some refugees, including children, into
rebel armed groups continued (see section 6).
Anti-refugee sentiment among citizens living in refugee-affected
areas was high. Children who were refugees or IDPs often had better
access to education and health services than those in surrounding local
populations due to extensive humanitarian interventions on their
behalf. Resentment between citizens and refugees also occurred due to
competition for local resources such as wood, water, and grazing land,
and because Sudanese refugees received goods and services that were not
available to the local population.
Reports of refugees being raped continued. According to the UNHCR,
there were 32 rapes of refugee women or girls between January and
October. In the majority of the cases, the perpetrators were either
fellow refugees or unknown individuals just outside the camps. In 2009
the NGO Physicians for Human Rights documented cases of refugee rape
inside and outside of refugee camps. There were reports that organized
groups, bandits, and other refugee groups committed the rapes. Unlike
in the previous year, however, there were no reports that NGO staff
members were responsible for raping refugees.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
Although the constitution and law provide citizens with the right
to change their government, the Government continued to limit this
right in practice. The executive branch dominated the other branches of
government.
Elections and Political Participation.--In 2006 President Idriss
Deby Itno, leader of the ruling MPS, was elected to a third term in
what unofficial observers characterized as an orderly but seriously
flawed election boycotted by the opposition. Deby has ruled the country
since taking power in a 1990 coup.
Due to technical problems in meeting the electoral deadline, the
Independent National Electoral Commission postponed legislative
elections scheduled for November 28 and municipal elections scheduled
for December 5 until 2011. The commission oversaw a voter registration
drive and worked with the permanent election bureau to develop voter
lists and voter cards.
There were approximately 120 registered political parties. The main
opposition coalition was well treated, in part to provide proof that
the country had a multiparty system; however, smaller opposition
parties were subjected to government interference. Northerners,
particularly members of the Zaghawa ethnic group, including the Bideyat
subclan to which the president belongs, were overrepresented in key
institutions of state power, including the military officer corps,
elite military units, and the presidential staff. Opposition leaders
accused the Government of denying funds and equal broadcast time on
state-run media.
Unlike in the previous year, there were no reports that opposition
leaders were harassed, co-opted to run as MPS members in local
elections, or pressured to cross the aisle in the National Assembly.
There also were no reports that the military intimidated party members
who refused to cooperate.
There were 10 women in the 155-seat National Assembly. Nine of the
41 ministers in the cabinet were women. Both the cabinet and the
National Assembly had diverse ethnic representation.
Section 4. Official Corruption and Government Transparency
The law provides criminal penalties for corruption; however, the
Government did not implement the law effectively, and corruption was
pervasive at all levels of government. The World Bank's most recent
Worldwide Governance Indicators reflected that corruption was a severe
problem.
Police were unable to address internal security problems
effectively, including widespread banditry and arms proliferation.
Police and gendarmes extorted payments from motorists with impunity. In
November, in an effort to curb such extortion and combat the high cost
of living, President Deby ordered the dismantling of all military
checkpoints in the country, and many had been dismantled by year's end.
Official impunity, particularly for the military and other
influential persons, was common. For example, members of the Judiciary
Police did not enforce domestic court orders against the armed forces
or members of their own ethnic groups. Judicial lack of independence
and corruption also were problems.
The Ministry of Moralization is responsible for fighting
corruption.
During the year the Government investigated several officials
connected to various 2009 corruption scandals, including a school
textbook scandal involving 1.5 billion CFA ($3 million) in false
contracts. During the year all 141 government officials investigated in
connection with this and 34 other 2009 cases of embezzlement and
misappropriation were released; in most cases, charges were dropped.
In January the High Court formally investigated seven ministers in
connection with the textbook scandal. By early February, former
minister of education Abdramane Koko, former deputy minister of finance
Oumar Boukar Gana, and former minister and secretary-general of the
Government Limane Mahamat had been dismissed for corruption. By year's
end, charges had been dropped against ministers Gana, Mahamat, and
Koko. The National Assembly elected not to call for cases against four
other ministers arrested in connection with the scandal--former deputy
education minister Khadidja Hassaballah, former health minister
Ngombaye Djaibe, and former deputy agriculture minister Fatime Ramadan.
Former secretary-general of the presidency Haroun Kabadi, also
implicated in the textbook scandal, was released on February 16 and
appointed special advisor to President Deby on July 7. Sixteen other
government officials from the Ministries of Finance and Education
arrested in connection with the case also were freed for lack of
evidence.
In a separate corruption case, Mahamat Zen Bada, a former mayor of
N'Djamena, and his 10 associates, who were arrested and removed from
office in 2009, also were released with all charges dropped.
In 2009 the College for the Control and Monitoring of Oil
Resources, a committee established to involve civil society in the
management of oil revenues, identified deficiencies that included
insufficient coordination between ministries and local officials, lack
of qualified personnel to implement and oversee poverty reduction
projects, and the inability of the Government to complete fully or to
provide sufficient resources for ongoing projects. The Government had
taken no clear action on findings in the college's previous reports by
year's end.
The Government took no action regarding an August 2009 report by
the International Crisis Group charging that the Government did not
award contracts transparently for public works built with oil revenues,
which increased corruption and cronyism. The report also stated that
the Government had gradually reduced the role of the College for the
Control and Monitoring of Oil Resources.
On July 16, the Government held training sessions for local
officials on ethics and good governance; governors from the 22 regions
attended the sessions.
Public officials were subject to financial disclosure laws;
however, the law was not enforced, and officials did not disclose their
financial status.
The law does not provide for public access to government
information, although the Government provided such access to
government-employed journalists. The Government makes its budget
partially available to the public; however, it did not disclose a large
portion of expenditures in the published budget. Independent media
journalists stated that they were not given sufficient access to
government information.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
Government officials generally were accessible to human rights
advocates but occasionally were unresponsive or hostile to their
findings; however, unlike in the previous year, there were no reports
that the Government actively obstructed the work of domestic human
rights organizations. Despite pressure from the Government, such groups
were able to investigate and publish their findings on human rights
cases.
There were two principal local human rights organizations, ATPDH
and the LTDH. These and smaller human rights organizations worked
together through an umbrella organization, the Association for Human
Rights. Human rights groups were outspoken in publicizing abuses
through reports, press releases, and the print media; however, they
rarely were able to intervene successfully with authorities.
Unlike in the previous year, there were no reports that the
Government arrested or harassed NGO employees.
On March 9 to 11, the Government held its first forum on human
rights to address problems and develop a government action plan. Led by
Minister of Human Rights Abdraman Djasnabille, government ministers,
national and local government officials, military leaders, traditional
chiefs, local civil society representatives, and members of domestic
and international human rights organizations attended the forum.
Violence against women, arbitrary arrest, police brutality, prisoner
abuse, continued recruitment of child soldiers, and official impunity
were among the problems addressed.
Violent attacks by armed groups and bandits against humanitarian
and human rights NGO workers increased during the year. Such workers
were kidnapped, their vehicles hijacked, their convoys looted, and
their offices plundered. Humanitarian organizations were forced to
suspend or limit their activities temporarily--including food
distribution to refugees and IDPs.
On June 6, in Abeche, armed bandits kidnapped Hubert Blama, an
employee of the British NGO Oxfam; Blama was released on June 16. The
kidnapping reportedly was perpetrated to embarrass the president.
On February 6, ICRC international staff member Laurent Maurice was
released in Darfur, Sudan after being held for 89 days; Maurice was
kidnapped in Kawa in November 2009 by armed members of a Sudan-based
group.
There were no developments regarding the 2008 killing of NGO Save
the Children director Pascal Marlinge.
The Government cooperated with international governmental
organizations and permitted visits by UN representatives. A delegation
from the Geneva-based UN Commission on Human Rights visited and
evaluated the possibility of opening an office in the country. In
contrast to previous years, there were no reports that the Government
obstructed the work of international human rights organizations, such
as Human Rights Watch.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
Although the constitution and law prohibit discrimination based on
origin, race, gender, religion, political opinion, or social status,
the Government did not effectively enforce these provisions.
Women.--Rape is prohibited and punishable by hard labor; however,
rape, including of female refugees, was a problem (see section 2.d.);
no reliable data on the extent of the problem was available. The law
does not specifically address spousal rape. Although police often
arrested and detained perpetrators, rape cases usually were not tried,
and most suspects were released. Cultural norms often forced women and
unmarried girls to marry their attackers to preserve their honor.
Although the law prohibits violence against women, domestic
violence, including spousal abuse, was common. Wives traditionally were
subject to the authority of their husbands and they had limited legal
recourse in case of abuse. Although family or traditional authorities
could provide assistance in such cases, police rarely intervened,
although traditional leaders often did. During the year some women
began reporting cases of violence and abuse to local human rights
organizations. Information on the number of abusers who were
prosecuted, convicted, or punished was unavailable.
In some areas girls and women may not visit the site where an
initiation ceremony is to take place. If a woman or girl violates this
prohibition, she may be killed by village leaders under traditional
custom, although there were no reports of this occurring during the
year.
During the year the Government, with assistance from the UN,
launched an awareness campaign to combat gender-based violence. This
included raising awareness regarding rape, sexual harassment, FGM,
discrimination against women, and early marriage.
The law does not prohibit sexual harassment, and such harassment
was a problem.
The law provides for the right of couples and individuals to decide
freely and responsibly the number and spacing of their children, as
well as to have access to information regarding birth control methods.
However, many persons lacked access to medical care, particularly those
in rural areas. Couples lacked access to contraception, and only 14
percent of childbirths were assisted professionally. Based on 2008
statistics, the ratio of midwives to women of childbearing age was one
to 14,800. The incidence of maternal mortality was 1,500 per 100,000
live births. Approximately 10 percent of married women in N'Djamena
used contraceptives during the year; 5 percent of women in towns and
0.4 percent of women in the countryside used contraception. Women were
equally diagnosed and treated for sexual transmitted infections,
including HIV; treatment was free.
Discrimination against women and exploitation of women were
widespread. Although property and inheritance laws do not discriminate
against women, local leaders adjudicated most inheritance cases in
favor of men, according to traditional practice. The Ministry of Social
Action and Women is responsible for addressing gender-related issues.
Women did not have equal opportunities for education and training,
making it difficult for them to compete for formal sector jobs. Women
experienced economic discrimination in access to employment, credit,
and pay equity for substantially similar work, and in owning or
managing businesses due to cultural norms that favored men.
The law states that persons of the required legal age have the
right, in accordance with the law, customs, and mores, to decide
whether to be married. The law does not address polygyny, but husbands
may opt at any time to declare a marriage polygynous. If a husband
takes a second wife, the first wife has the right to request that her
marriage be dissolved, but she must repay her bride price and other
marriage-related expenses.
Children.--Citizenship is derived by birth within the country's
territory and from ones' parents; however, children born to refugees
from Sudan were not always considered citizens. Children born to
refugees from CAR generally were granted Chadian citizenship. The
Government did not register all births immediately, and it was unclear
whether a birth certificate was required to attend school. By law
education is universal and free, and primary education is compulsory
between the ages of six and 11; however, parents were often required to
pay tuition to public schools beyond the primary level. Parents also
were required to pay for textbooks, except in some rural areas. Parent-
teacher associations hired and paid approximately half of teachers,
without government reimbursement. Schools did not exist in many
locations. Only 37 percent of children completed primary education.
According to the World Bank Development Indicators Database, only six
girls for every 10 boys attended primary school. Most children did not
attend secondary school, where enrollment of girls was also lower than
that of boys.
Several human rights organizations reported on the problem of the
mouhadjirin, children who attended certain Islamic schools and were
forced by their teachers to beg for food and money. Children with
discipline problems were often sent to these schools by their parents,
who hoped the harsh conditions would ameliorate behavioral problems.
There was no reliable estimate of the number of mouhadjirin.
Child abuse remained a problem.
The law prohibits FGM; however, the practice was widespread,
particularly in rural areas. According to a 2004 report by the
Governmental National Institute of Statistics, Economic, and
Demographic Studies, 45 percent of females had undergone excision.
According to the survey, 70 percent of Muslim females and 30 percent of
Christian females were subjected to FGM. The practice was especially
prevalent among ethnic groups in the East and South. All three types of
FGM were practiced. The least common but most dangerous and severe
type, infibulation, was confined largely to the region on the eastern
border with Sudan. FGM usually was performed prior to puberty as a rite
of passage.
FGM could be prosecuted as a form of assault, and charges could be
brought against the parents of FGM victims, medical practitioners, or
others involved in the action. However, prosecution was hindered by the
lack of specific penalty provisions in the penal code. There were no
reports that any such suits were brought during the year. The Ministry
of Social Action and Family was responsible for coordinating activities
to combat FGM. The Government, with assistance from the UN, continued
to conduct public awareness campaigns to discourage the practice of FGM
and highlight its dangers as part of its efforts to combat gender-based
violence. The campaign encouraged persons to speak out against FGM and
other forms of abuse against women and girls. The president's wife
played a major role during the year in raising awareness of violence
and other human rights abuses faced by women and children.
Although the law prohibits sexual relations with a girl younger
than 14 years old, even if she is married, the ban rarely was enforced.
Families arranged marriages for girls as young as 12 or 13 years old;
the minimum legal age for engagements is 11 years old. The law
prohibits forced marriages of anyone younger than the age of 18 and
provides for imprisonment of six months to two years and a fine of
50,000 to 500,000 CFA ($100 to $1,000). However, forced marriage of
girls was a serious problem, including among refugees. The custom of
buying and selling child brides was widespread. Girls that objected to
being forcibly married often suffered physical assaults by their family
members and their husband. Many young wives were forced to work long
hours for their husbands in the fields or home.
The law prohibits the use of child soldiers, and the Government
discontinued all conscription of child soldiers and continued efforts
to demobilize all remaining children from security forces and rebel
groups. However, armed groups, both Chadian and from Sudan, continued
to recruit children from refugee camps along the eastern border,
although such incidents had sharply decreased by year's end. MINURCAT
reported that in April, JEM recruits from refugee camps in the East
included children.
From June 7 to 9, the country hosted a regional conference to end
recruitment and use of children in armed conflict. The conference was
organized with support from UNICEF and included official delegations
from Cameroon, CAR, Niger, Nigeria, and Sudan. UNICEF publicly stated
that Chad's progress on addressing child soldiers had made it a
regional leader on the issue. All conference participants signed the
N'Djamena Declaration, pledging to eliminate the recruitment and
involvement of children in armed forces, armed groups, and in all forms
of hostilities. A follow-up committee to implement the declaration met
and continued to work through year's end.
The Government continued to transfer children associated with
returning rebel groups to UNICEF for reintegration and rehabilitation
during the year. On the eve of the conference, for example, the
Government facilitated the release of 45 new child soldiers from rebel
groups into UNICEF's care. The Government cooperated with international
efforts to provide rehabilitation services.
Armed bandits kidnapped children to obtain ransom in the Mayo-Kebbi
Ouest Region (see section 1.b.).
In October members of the NGO Zoe's Ark, who had been charged with
abduction of Chadian children in 2007, appeared before a court in
France; in 2008 the president of Chad had pardoned those involved.
The country is not a party to the 1980 Hague Convention on the
Civil Aspects of International Child Abduction. For information on
international parental child abduction, please see the Department of
State's annual report on compliance at http://travel.state.gov/
abduction/resources/congressreport/congressreport--4308.html.
Anti-Semitism.--There was no known Jewish community, nor were there
any reports of anti-Semitic acts.
Trafficking in Persons.--For information on trafficking in persons,
please see the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip.
Persons With Disabilities.--The law prohibits discrimination
against persons with disabilities, and while the Government made
efforts to enforce this prohibition in N'Djamena, it was unable to do
so throughout the country. There were no laws or programs to assure
access to buildings for persons with disabilities; however, the
Government operated a few education, employment, or therapy programs
for such persons.
The country had numerous persons with disabilities related to
polio, and many such persons held ranking positions in the Government.
The Government, in conjunction with NGOs, continued to sponsor an
annual day of activities to raise awareness of the rights of persons
with disabilities. The Ministry of Social Action and Family is
responsible for protecting the rights of persons with disabilities.
National/Racial/Ethnic Minorities.--There are approximately 200
ethnic groups, many of which were concentrated regionally. They speak
128 distinct primary languages. Most ethnic groups were affiliated with
one of two regional and cultural traditions--Arabs and Muslims in the
north, center, and east, and Christian or animist groups in the south;
however, internal migrations in response to urbanization and
desertification resulted in the integration of these groups in some
areas.
Interethnic violence continued, particularly in the east and south.
Clashes between herders and sedentary populations and other interethnic
violence continued, often related to competition for increasingly
scarce arable lands due to desertification.
Societal discrimination was practiced routinely by members of
virtually all ethnic groups and was evident in patterns of employment.
The law prohibits government discrimination on the basis of ethnicity,
although in practice ethnicity continued to influence government
appointments and political alliances. Political parties and groups
generally had readily identifiable regional or ethnic bases.
Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--There were no known lesbian,
gay, bisexual, and transgender (LGBT) organizations. There were few
reports of violence or discrimination against LGBT persons, in large
part because most such persons were discreet about sexual orientation
due to social and cultural strictures against homosexuality. The law
prohibits but does not define ``unnatural acts,'' and there was no
evidence that the law was used against LGBT persons during the year.
Other Societal Violence or Discrimination.--The law provides for
persons with HIV/AIDS to have the same rights as those without HIV/AIDS
and obligates the Government to provide information, education, and
access to tests and treatment for persons with HIV/AIDS; however,
societal discrimination against persons living with HIV/AIDS continued.
Government officials were not always well informed on educating such
persons on their rights and treatment options. Women were accused
occasionally of passing HIV to their husbands and were threatened by
family members with judicial action or banishment.
Section 7. Worker Rights
a. The Right of Association.--The law allows all employees except
members of the armed forces to form or join unions of their choice
without excessive requirements, but the authorization of the Ministry
of Territorial Administration is required; there were no reports that
the authorization requirement was enforced during the year. The
Ministry of Territorial Administration can also order the immediate
administrative dissolution of a union.
In the formal sector, more than 90 percent of employees belonged to
unions; however, the great majority of workers were self-employed,
nonunionized, unpaid, subsistence cultivators or herders. The
Government, which owned enterprises that dominated many sectors of the
formal economy, remained the largest employer.
The law recognizes the right to strike but restricts the right of
civil servants and employees of state enterprises to do so. Civil
servants and employees of state enterprises, including civil servants
and teachers, must complete a mediation process and notify the
Government before striking. Employees of several public entities deemed
essential must continue to provide a certain level of services.
According to an International Trade Union Confederation report
published during the year, the definition of essential services is
overly broad. The law permits imprisonment with forced labor as
punishment for participation in illegal strikes, but no such punishment
was imposed during the year.
b. The Right to Organize and Bargain Collectively.--The law allows
unions to organize and bargain collectively, and the Government
protected these rights. Although there are no restrictions on
collective bargaining, the law authorizes the Government to intervene
under certain circumstances. There were no reports of restrictions on
collective bargaining during the year.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor.--The constitution
states that persons cannot be held as slaves or in servitude, and the
law prohibits forced or compulsory labor, including by children;
however, forced labor, particularly by children, occurred in the
informal sector. There were no reports of forced labor practices in the
formal economy, but children and adults in the rural sector were
involved in forced agricultural work and domestic servitude.
Also see the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip.
d. Prohibition of Child Labor and Minimum Age for Employment.--The
labor code stipulates that the minimum age for employment is 14 years,
except that children may work as apprentices beginning at the age of
13. However, the Government did not enforce the law, and child labor,
including forced child labor, was a serious problem. The low legal
minimum age for employment, lack of mandatory schooling past the age of
11, lack of any schooling opportunities in some areas, and tribal
initiation rites rendering children informally adults by the age of 14
contributed to a general perception that child labor did not constitute
exploitation unless the victims were less than age 13 or 14 years old.
The majority of forced child laborers were subjected to domestic
servitude; forced begging; forced labor in cattle herding and fishing;
and street vending. Children were trafficked to Cameroon, the Central
African Republic, and Nigeria for forced cattle herding. Girls sold or
forced into child marriages were forced by their husbands into domestic
servitude and agricultural labor.
The law prohibits the use of child soldiers, and the Government
discontinued all conscription of child soldiers and continued efforts
to demobilize all remaining children from security forces and rebel
groups. UNICEF stated that it could not rule out the occasional use of
children in the ANT in noncombat roles; but it maintained that, during
the year, the ANT had ceased using children in combat and that it did
not recruit children. However, armed groups, both from Chad and Sudan,
continued to recruit children from refugee camps along the eastern
border, although such incidents had decreased sharply by year's end.
MINURCAT reported that in April, JEM recruits from refugee camps in the
East included children (see section 6).
The country's numerous child herders working outside of traditional
herding clans often lived in substandard conditions without access to
school or proper nutrition. These herders customarily were given one
cow as payment for a year's work, but herd managers often refused to
pay this salary, or the child's parents collected the payment for
themselves. Children from the south occasionally were kidnapped and
transferred to the northeast, near the border with Sudan, to be used as
herders.
An estimated 20 percent of children between the ages of six and 18
worked in exploitive labor in the urban informal sector, according to a
study published in 2005 by the NGO Human Rights Without Borders.
Children regularly were employed as herders, domestics, crop-pickers,
and panners for gold. They also were employed in the commercial sector,
particularly in the capital, as street vendors, manual laborers, and
helpers in small shops. Children worked as domestic servants, mainly in
the capital.
A 2005 UNICEF-government survey of child domestics in N'Djamena
noted that 62 percent were boys, 24 percent were between eight and 14
years of age, 68 percent were between the ages of 15 and 17, and 86
percent were illiterate. Local human rights organizations reported an
increase in the number of child domestic workers during the year.
Children who attended certain Islamic schools were sometimes forced
by their teachers to beg for food and money.
Some young girls were forced into marriages by their families and
then compelled to work in their husbands' fields or homes while they
were still too young to do so safely.
The Office of Labor Inspection is responsible for enforcement of
child labor laws and policies; however, no prosecutions were conducted
during the year. As in previous years, the office reportedly had no
funding to carry out field work and investigations. Police reportedly
used extrajudicial actions against traffickers and child labor
offenders, including beatings and imposing unofficial fines.
Traditional leaders also sometimes meted out traditional punishments,
such as ostracism.
The Government did not have a comprehensive plan to eliminate the
worst forms of child labor; however, the Government continued to work
with UNICEF and NGOs to increase public awareness of child labor. In
addition the campaign continued to educate parents and civil society on
the dangers of child labor, particularly for child herders, who often
were sent to distant locations where they were abused.
On December 1, in a speech commemorating Freedom and Democracy Day,
President Deby admonished parents who forced their children to herd
instead of sending them to schools.
e. Acceptable Conditions of Work.--The labor code requires the
Government to set minimum wages, and the minimum wage at year's end was
28,000 CFA ($56) per month; however, this standard was generally
ignored. The minimum wage did not provide a decent standard of living
for a worker and family, although wage levels were raised during the
year. Nearly all private sector and state-owned firms paid at least the
minimum wage, but it was largely ignored in the vast informal sector.
Salary arrears remained a problem, although less so than in previous
years. The law limits most employment to 39 hours per week, with
overtime paid for supplementary hours. Agricultural work was limited to
2,400 hours per year, an average of 46 hours per week. All workers were
entitled to unbroken rest periods of between 24 and 48 hours; however,
workers did not always avail themselves of these rights, largely
because they preferred the additional pay.
The labor code mandates occupational health and safety standards
and gives inspectors the authority to enforce them; however, these
standards were generally ignored in the private sector and in the civil
service.
Workers had the right to remove themselves from dangerous working
conditions; however, in practice, with so few jobs available in the
formal sector, doing so for any reason often meant jeopardizing their
employment. The labor code explicitly protects all workers, including
foreign and illegal workers, but the protections provided were not
always respected in practice.
__________
COMOROS
The Union of the Comoros is a constitutional, multiparty republic
of 770,000 citizens. The country consists of three islands--Grande
Comore, Anjouan, and Moheli--and claims a fourth, Mayotte, which France
governs. In 2006 citizens elected Ahmed Abdallah Mohamed Sambi as Union
of the Comoros president in polling international observers described
as generally free and fair. This was the first peaceful and democratic
transfer of power in the country's history. In 2008 the Union Army of
National Development, with African Union support, launched a successful
and bloodless military action resulting in the removal of former
Anjouan president Mohamed Bacar, who fled the country. Bacar had ruled
Anjouan by force since declaring himself the winner of an illegal
election in 2007. Moussa Toybou was elected president of Anjouan in a
generally free and fair process in 2008. In November and December 2010,
elections were held to choose a new Union president as well as
governors for each of the three islands. Although some observers noted
some serious irregularities on the island of Anjouan, these were not
sufficient to change the outcome, and the results of the elections were
upheld by the Comoran Constitutional Court. Security forces reported to
civilian authorities.
Human rights problems on all three islands included poor prison
conditions; restrictions on freedom of movement, press, and religion;
official corruption; discrimination against women; child abuse; and
child labor.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were no
confirmed reports the Government or its agents committed any
politically motivated killings. However, on June 12, Colonel Combo
Ayouba, a senior officer in the Comoran army, was killed at his home in
Moroni. At year's end, an investigation was ongoing, and the chief of
staff of the Comoran Defense Forces was under house arrest for his
possible role in the killing (see section 1.d.).
There were no further developments in the 2008 death from injuries
inflicted during torture of Nadiati Soimaddine.
b. Disappearance.--There were no reports of politically motivated
disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution and laws prohibit such practices, and
there were no reports government officials employed them.
In 2009 the Comoros Human Rights Foundation interviewed victims of
the Bacar regime and was preparing evidence to prosecute those
responsible for the 2008 abuses. Most cases involved the torture of
detainees. However, there were no further developments in any of these
2008 cases, including the arrest of Mohamed Attoumane, the arrest and
torture of Soulaimana Bacar and several friends, the detention and
beating of Attoumane Houmadi, and the arrest and torture of Abdallah
Ahmed Ben Ali.
Prison and Detention Center Conditions.--Prison conditions remained
poor. Common problems included inadequate sanitation, overcrowding,
inadequate medical facilities, and poor diet.
There were approximately 130 prisoners incarcerated in the
country's only prison in Moroni, which can accommodate a maximum of 150
under crowded conditions. At year's end two female prisoners were being
held; two juveniles were also being held.
During the year there were no recorded deaths of prison inmates.
Authorities held pretrial detainees with convicted prisoners.
Prisoners and detainees were permitted reasonable access to
visitors and permitted religious observance, but only if they were
Muslim. The prisoners could also bring complaints to the attention of
authorities; however, investigations or follow-up actions almost never
occurred.
The Government permitted visits by independent human rights
observers. Representatives from the Red Crescent visited the prison in
Moroni in June. As a result of the visit, the Red Crescent is working
on a project to provide a cistern and to repair the latrines.
d. Arbitrary Arrest or Detention.--The constitution and law
prohibit arbitrary arrest and detention, and the Government generally
observed these prohibitions.
Role of the Police and Security Apparatus.--Six separate security
forces report to four different authorities. Union forces include the
Army of National Development, the Gendarmerie, and the National
Directorate of Territorial Safety (immigration and customs). Each of
the three islands also has a police force under the authority of its
Ministry of Interior.
Impunity was a problem, and there was no mechanism to investigate
police abuses. Police and security forces participated in training on
civil-military relations, public health, and peacekeeping operations.
Arrest Procedures and Treatment While in Detention.--The law
requires warrants for arrests and provides for detainees to be held for
24 hours, although these provisions were not always respected in
practice. The prosecutor must approve continued detention. A tribunal
informs detainees of their rights, including the right to legal
representation. The law provides for the prompt judicial determination
of the legality of detention, and detainees must be promptly informed
of the charges against them. In practice these rights were
inconsistently respected. There is a bail system under which the
individual is not permitted to leave the country. Some detainees did
not get prompt access to attorneys or families. The law also requires
the state to provide an attorney for indigent defendants, but this
rarely occurred.
By year's end all but one of the 50 officials of the Bacar regime
arrested in 2008 had been released.
Pretrial detention was a problem, with approximately 20 percent of
the prison population awaiting trial for extended periods for reasons
including administrative delays, case backlogs, and time-consuming
collection of evidence. By law pretrial detainees can be held for only
four months, but this period could be extended. Some extensions lasted
several months.
On August 31, the Government put General Mohamed Amiri Salimou,
chief of staff of the Comoran Defense Forces, under house arrest for
his possible role in the killing of Colonel Combo Ayouba (see section
1.a.). Salimou's lawyers insisted that the penal code does not give
authorities the right to forbid the general from moving about freely or
communicating with the outside world. They claimed that the general's
detention was a pretext to allow the president to remove him from his
position. In addition to General Salimou, approximately 30 military
personnel were arrested and held in military prisons. Of these all but
four have since been released. At year's end, the four were being held
in Moroni's prison, three of them in solitary confinement, and the
investigation was ongoing.
e. Denial of Fair Public Trial.--The constitution and law provide
for an independent judiciary, and the Government generally respected
judicial independence in practice; however, judicial corruption was a
problem.
Trial Procedures.--The law provides for the right to a fair trial
for all citizens. Under the legal system, which incorporates French
legal codes and Sharia (Islamic law), trials are open to the public and
defendants are presumed innocent. Juries deliberate criminal cases, and
there is an appeal process. Defendants have the right to be present, to
access government-held evidence, and to consult with an attorney in a
timely manner. The law allows defendants to question witnesses and
present their own witnesses. Defendants can also present evidence on
their own behalf. In practice these rights were inconsistently
respected.
Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.
Civil Judicial Procedures and Remedies.--There is an independent
but not impartial judiciary for civil matters; formal courts had
insufficient resources and were also corrupt, frequently asking for
bribes in return for favorable rulings. Administrative remedies were
rarely available, although citizens with influence had access to such
alternatives. Court orders were inconsistently enforced.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The constitution and law prohibit such actions, and
the Government generally respected these prohibitions in practice.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The constitution and law provide
for freedom of speech and of the press; however, the Union government
partially limited press freedom by public criticism of journalists who
wrote controversial articles, and journalists on all three islands
practiced self-censorship.
Individuals could generally criticize the Union government publicly
or privately without reprisal.
There is one government-supported newspaper and six independent
newspapers.
One government radio station operated on a regular schedule. Small
community radio stations operated on all three islands without
government interference. Residents also received Mayotte Radio and
French television.
Internet Freedom.--There were no government restrictions on access
to the Internet or reports that the Government monitored e-mail or
Internet chat rooms. Individuals and groups could engage in the
expression of views via the Internet, including by e-mail. According to
International Telecommunication Union statistics for 2009,
approximately 3.59 percent of the country's inhabitants used the
Internet.
Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.
b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The constitution and law provide for freedom of assembly;
however, the Government did not always respect this right.
On February 8, security forces used tear gas and rubber bullets to
disperse a march in Moroni by students and teachers protesting the
country's educational policy. The students were marching to support
teachers in a compensation dispute.
On March 16 and 17, and April 23, security forces used batons, tear
gas, and rubber bullets to disperse demonstrations on Moheli protesting
the Government's election policy. Nafissa Abdoulhafar lost her unborn
child after being assaulted by security forces during the
confrontations, and several other persons were injured. There was no
investigation by year's end.
Freedom of Association.--The constitution and law provide for
freedom of association, and the Union government and the three island
governments generally respected this right.
c. Freedom of Religion.--For a description of religious freedom,
please see the 2010 International Religious Freedom Report at
www.state.gov/g/drl/irf/rpt
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution and law provide for
freedom of movement within the country and foreign travel, and the
Government generally respected these rights in practice. No specific
constitutional or legal provisions deal with emigration and
repatriation.
On June 6, political activist Said Larifou (a dual French-Comoran
national) was detained at the Moroni airport and refused permission to
leave the country. The refusal continued for several months before it
was rescinded, although he was allowed to move freely within the
country during that time. The authorities did not publicly state a
reason for their refusal to allow Larifou to leave the country.
The Government cooperated with the Office of the UN High
Commissioner for Refugees and other humanitarian organizations in
providing protection to internally displaced persons, refugees, asylum
seekers, and stateless persons.
The law does not prohibit forced exile, but the Government did not
use it.
Protection of Refugees.--The country is not party to the 1951
Convention relating to the Status of Refugees, its 1967 Protocol
relating to the Status of Refugees, or the 1969 African Union
Convention Governing the Specific Aspects of the Refugee Problem in
Africa. The law does not provide for the granting of asylum or refugee
status in accordance with these conventions, and the Government has not
established a system for providing protection to refugees. In practice
although very few refugees sought asylum, the Government provided
protection against the expulsion or return of refugees to countries
where their lives or freedom would be threatened on account of their
race, religion, nationality, membership in a particular social group,
or political opinion.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution and law provide citizens the right to change their
government peacefully, and citizens exercised this right in practice
through periodic, free, and fair elections based on universal suffrage.
Elections and Political Participation.--The constitution provides
for a ``rotating'' Union presidency in which each island takes a turn
at holding a primary for presidential candidates every four years. In
2006 the turn passed to Anjouan; all 12 presidential candidates had to
be natives of Anjouan to run in the primary. From the 12 candidates,
Anjouan voters selected three to run in the national election, which
Ahmed Abdallah Mohamed Sambi won. This year the turn passed to Moheli.
From the original 10 candidates (all natives of Moheli), Mohelian
voters selected three to run in the national election, which was won by
Ikililou Dhoinine. The constitution thus restricts, by island, those
eligible to run for the presidency. But aside from the rotation
principle, anyone is free to stand for election.
Grande Comore and Moheli held first- and second-round island
president (governor) elections in 2007; both elections were considered
generally free and fair. Anjouan held its island president (governor)
elections in 2008; these were also considered generally free and fair.
In May 2009 voters approved a national referendum on modifications
to the constitutional system. The changes affected the titles, powers,
and terms of various office holders, including President Sambi, whose
term of office was extended. The referendum took place without
incident, but it was boycotted by opposition political parties who
objected to the proposed changes. The referendum was approved by 94
percent of voters, but turnout was only 52 percent.
In December 2009 legislative elections were held for both the Union
national assembly (parliament) and the three island assemblies. These
elections were also considered generally free and fair.
In November and December, elections were held to choose a new Union
president as well as governors for each of the three islands. Although
some observers noted serious irregularities on the island of Anjouan,
these were not sufficient to change the outcome, and the final results
of the elections were upheld by the Comoran Constitutional Court.
Former vice president Ikililou Dhoinine will become the next president
of the Union of the Comoros early in 2011.
More than 20 political parties operated without restriction and
openly criticized the Union government.
There was one woman in the 33-member national assembly, but none in
the cabinet. No minorities held national assembly seats or Union or
island ministerial posts.
Section 4. Official Corruption and Government Transparency
The law provides criminal penalties for official corruption;
however, the Government did not implement the law effectively, and
officials often engaged in corrupt practices such as taking money for
performing routine administrative services or doing favors with
impunity. Resident diplomatic, UN, and humanitarian agency workers
reported petty corruption was commonplace at all levels of the civil
service, despite the Government's anticorruption campaign. Private
sector operators reported corruption and a lack of transparency, and
the World Bank's 2009 Worldwide Governance Indicators reflected that
corruption was a serious issue.
There was continued corruption in the police force. Citizens paid
bribes to evade customs regulations, avoid arrest, and to have police
reports falsified. Police personnel paid bribes to receive promotions.
The Union Ministry of Justice is responsible for combating
corruption; however, the Government did not prosecute or discipline
officials charged with corruption.
Officials were not subject to financial disclosure laws.
There are no laws providing for public access to government
information. Those who have personal or working relationships with
government officials can generally access government information, but
members of the general public cannot.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
One domestic and some international nongovernmental organizations
(NGOs) generally operated without government restriction, investigating
and publishing their findings on human rights cases. Government
officials were generally cooperative and responsive to their views.
The Government cooperated with international governmental
organizations and permitted visits by UN representatives and other
organizations. No outside visits were made during the year, but
domestic human rights organizations met regularly with locally based UN
personnel. No reports or criticisms were issued.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The law prohibits discrimination based on race, gender, disability,
language, or social status; however, there was discrimination against
women.
Women.--Rape is illegal, punishable by imprisonment of five to 10
years or up to 15 years if the victim is younger than 15 years of age.
However the Government did not enforce the laws on rape effectively.
The law does not specifically address spousal rape, which does occur.
Statistics are scarce since many of these situations are settled within
families or by village elders without recourse to the formal court
system. Although reliable statistics were not available, authorities
believe the problem is widespread and overall sexual violence is a
problem. For example, more than half of the inmates in Moroni's prison
are held for crimes of sexual aggression.
The law prohibits domestic violence. Although there was no reliable
data available on the extent of the problem, the Government did not
take any concrete action to combat violence against women. While women
can seek protection through the courts in such cases, extended family
or village elders customarily addressed such problems. Domestic
violence cases rarely, if ever, enter the formal court system.
Sexual harassment is illegal and punishable by up to 10 years'
imprisonment. Although rarely reported due to societal pressure, such
harassment was nevertheless a common problem, and the Government did
not effectively enforce penalties against it.
Couples and individuals are generally free to choose the number and
spacing of their children. Contraceptive use for modern methods of
contraception among married women between the ages of 15 and 49 was
approximately 19 percent, according to the UN Population Fund (UNFPA).
Existing health resources (including personnel, facilities, equipment,
and drugs) are inadequate, making it difficult for the Government to
respond to the health needs of the population. According to the
Population Reference Bureau, approximately 62 percent of births were
attended by skilled personnel. UNFPA estimated the maternal mortality
ratio (the ratio of the number of maternal deaths per 100,000 live
births) to be 340 for 2008. There is a general lack of adolescent
reproductive health information and services, leading to unwanted
pregnancies and increased morbidity and mortality among adolescent
girls. There are no legal barriers preventing women from receiving
treatment for sexually transmitted infections, including HIV, but many
hesitate to do so for social and cultural reasons. The country recently
developed a national strategy for reproductive health but requires
additional funding to implement it.
The law provides for equality of persons, and in general
inheritance and property rights practices do not discriminate against
women. Men retained the dominant role in society, although the
matriarchal tradition afforded women some rights, especially in
landholding. Land and homes are usually awarded to women in case of
divorce or separation. Societal discrimination against women was most
apparent in rural areas where women were mostly limited to farming and
child-rearing duties, with fewer opportunities for education and wage
employment. In urban areas, growing numbers of women were employed and
generally earned wages comparable to those of men engaged in similar
work; however, few women held positions of responsibility in business.
The law does not require women to wear head coverings, but many women
face societal pressure to do so. The Ministry of Health, Solidarity,
and Gender Promotion is responsible for promoting women's rights.
Children.--Any child having at least one Comoran parent is
considered a citizen, regardless of where the birth takes place. Any
child born in the country is considered a citizen unless both parents
are foreigners, although these children can apply for citizenship if
they have lived in the country for at least five years at the time of
their application. It is estimated approximately 15 percent of children
are not officially registered at birth, although many of these
situations are regularized subsequently. No public services are
withheld from children who are not officially registered.
The Government did not take specific action to protect or promote
children's welfare and did not enforce legal provisions that address
the rights and welfare of children.
Education is compulsory until the age of 12, but it is not free.
Teacher strikes over nonpayment of salaries interrupted school several
times during the year. Due to social and cultural factors, boys
generally were more likely to attend schools than girls.
Although there are no official statistics on child abuse, it was
common and often occurred when impoverished families sent their
children to work for wealthier families. There were also scattered
reports that teachers raped students; these were generally handled
through traditional societal networks rather than formal enforcement
investigations.
Child prostitution and child pornography are illegal. The law
considers unmarried children under the age of 18 to be minors, and they
are protected legally from sexual exploitation, prostitution, and
pornography. There were no statistics regarding these matters, but the
Government did not consider them serious problems. The age of consent
is 13-years-old. Child prostitution is punishable by a prison term of
from two to five years and a fine of between 150,000 and 2,000,000
Comoran francs ($417 and $5,556) for anyone convicted of luring a child
into prostitution.
The country is not a party to the 1980 Hague Convention on the
Civil Aspects of International Child Abduction. For information on
international parental child abduction, please see the Department of
State's annual report on compliance at http://travel.state.gov/
abduction/resources/congressreport/congressreport--4308.html.
Anti-Semitism.--There was no known Jewish population, and there
were no reports of anti-Semitic acts.
Trafficking in Persons.--In 2009 there were no confirmed reports
that persons were trafficked to, from, or within Comoros.
Persons With Disabilities.--The constitution and laws do not
prohibit discrimination in employment and public services or mandate
access to buildings, information, and communication for persons with
disabilities.
Handicap Comoros, the country's center for persons with
disabilities on Grande Comore, was run by a local NGO called Chiwe, or
``pillar.'' The center imported wheelchairs and prostheses.
There is no restriction on the right of persons with disabilities
to participate in civic affairs.
Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--Homosexual acts are illegal.
They can be punished by up to five years' imprisonment and a fine of
50,000 to 1,000,000 Comoran francs ($139 to $2,778). However, no case
of this nature has come before the courts. No public debate on the
issue has been held, and persons engaging in homosexual activity did
not publicly discuss their sexual orientation due to societal pressure.
There are no lesbian, gay, bisexual, and transgender organizations in
the country.
Other Societal Violence or Discrimination.--There were no reports
of societal violence or discrimination against persons with HIV/AIDS.
Section 7. Worker Rights
a. The Right of Association.--The law allows workers to form and
join independent unions of their choice without previous authorization
or excessive requirements, and many of those in the wage labor force
did so in practice. Teachers and other civil servants, taxi drivers,
and dockworkers were unionized. The law allows unions to conduct their
activities without government interference and provides for the right
to strike, and workers exercised this right in practice.
There are no laws protecting strikers from retribution, but there
were no reported instances of retribution.
The labor code, which was rarely enforced, does not include a
system for resolving labor disputes. Common problems included failure
to pay salaries regularly or on time, mostly in the Government sector,
and unfair and abusive dismissal practices such as firing employees
without giving proper notice or paying the required severance pay.
b. The Right to Organize and Bargain Collectively.--Unions have the
right to bargain collectively, although employers set wages in the
small private sector, and the Government, especially the Ministries of
Finance and Labor, set them in the larger public sector. There are no
legal restrictions on collective bargaining such as exclusion of issues
or minimum participation requirements.
The law does not prohibit antiunion discrimination by employers in
hiring practices or other employment functions; however, there were no
examples of antiunion discrimination during the year. No workers
suffered retribution because of union activity.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor by adults with certain exceptions for
obligatory military service, community service, and during accidents,
fires, and disasters. The Union's civil protection unit may oblige
persons to respond to disasters if it is unable to obtain sufficient
voluntary assistance; however, this has never occurred. There are no
specific prohibitions against forced or compulsory child labor, and it
occurred in agriculture (planting, weeding, harvesting); fishing;
informal retail (selling goods on the street); and domestic service.
d. Prohibition of Child Labor and Minimum Age for Employment.--Laws
exist to protect children from exploitation in the workplace, but the
Government did not enforce such laws. There were no laws to prohibit
forced or compulsory child labor, and there were reports that such
practices occurred. The law establishes 15-years of age as the minimum
age for employment. Children worked in subsistence farming, fishing, in
the informal sector selling goods along roadsides, and extracting and
selling marine sand. Children also worked on food crops such as manioc
and beans, but also on cash crops such as vanilla, cloves, and ylang-
ylang (a flower used to make perfume). Some children worked under
forced labor conditions, particularly in domestic service, roadside and
market selling, and agriculture. In addition some Qur'anic schools
arranged for poor students to receive lessons in exchange for labor,
which sometimes was forced. Some families placed their children in the
homes of wealthier families where they worked in exchange for food,
shelter, or educational opportunities. Many children were not paid for
their work. The Ministry of Labor is responsible for enforcing child
labor laws, but it did not actively or effectively do so. There was
only one labor inspector for each of the three islands for a total of
three labor inspectors. These inspectors were responsible for all
potential violations of labor law and did not focus just on child labor
cases. The Government took no action to prevent exploitative child
labor or to remove children from such labor.
e. Acceptable Conditions of Work.--A 2003 ministerial decree set
the minimum wage at 30,000 Comoran francs per month ($83). The national
minimum wage did not provide a decent standard of living for a worker
and family. Although the Union government and local governments did not
enforce a minimum wage, unions had adequate influence to negotiate
effective minimum wage rates for different skill levels for unionized
jobs. These provisions applied to all workers, regardless of sector or
country of origin. In practice unions promoted this minimum wage via
their ability to strike against employers. Despite strikes and other
protests, the Union government was unable to pay government employees,
including low-level officials, teachers, and medical workers, for
several months due to budgetary difficulties.
The law specifies a workweek of 37.5 hours, one day off per week,
and one month of paid vacation per year. According to the law, workers
receive time and a half for overtime. These laws, like many others,
were not effectively enforced by the Government. There was no
prohibition on excessive compulsory overtime; however, electricity
shortages prevented overtime work in most businesses. Employers,
particularly the Government, often were remiss in paying salaries.
No safety or health standards had been established for work sites.
Workers generally could not remove themselves from an unsafe or
unhealthful situation without risking loss of employment.
__________
DEMOCRATIC REPUBLIC OF THE CONGO
The Democratic Republic of the Congo (DRC) is a nominally
centralized republic with a population of approximately 68 million. The
president and the lower house of parliament (National Assembly) are
popularly elected; the members of the upper house (the Senate) are
chosen by provincial assemblies. Multiparty presidential and National
Assembly elections in 2006 were judged to be credible, despite some
irregularities, while indirect elections for senators in 2007 were
marred by allegations of vote buying. There were many instances in
which state security forces acted independently of civilian control and
of military command.
In all areas of the country, state security forces continued to act
with impunity throughout the year, committing many serious abuses,
including unlawful killings, disappearances, torture, rape and engaging
in arbitrary arrests and detention. Severe and life-threatening
conditions in prison and detention facilities, prolonged pretrial
detention, lack of an independent and effective judiciary, and
arbitrary interference with privacy, family, and home also remained
serious problems. Members of the state security forces continued to
abuse and threaten journalists, contributing to a decline in press
freedom. Internally displaced persons remained a major problem, and the
integration of ex-combatants and members of rebel and militia groups
(RMGs) into state security forces and governance institutions was slow
and uneven. Government corruption remained pervasive, and some
corporations purchased minerals from suppliers who financed mining
activities by armed entities that committed serious human rights
abuses. Elements of the state security forces were charged in the death
of one of the country's leading human rights defenders and at times
beat or threatened local human rights advocates and obstructed or
threatened UN human rights investigators. State security forces
retained and recruited child soldiers and compelled forced labor by
civilians. Societal discrimination against women and ethnic minorities,
trafficking in persons, child labor, and lack of protection of workers'
rights continued to be widespread throughout the country. Enslavement
of and discrimination against Pygmies occurred.
Internal conflicts, mainly in the east, continued to significantly
affect the human rights situation and challenged the Government's
limited ability to effectively control its territory, which was
particularly the case in North and South Kivu provinces. The conflicts
permitted armed entities to commit violent abuses against civilians,
with little chancethat the Government would be able to hold the
perpetrators accountable. These entities included RMGs, such as the
Democratic Forces for the Liberation of Rwanda (FDLR) and the Mai-Mai
(community-based self-defense groups), as well as dissident elements of
the state armed forces, including former members of the National
Congress for the Defense of the People (CNDP) and some ``regular''
units of the Armed Forces of the DRC(FARDC). During the year RMGs
continued to commit numerous, serious abuses--some of which may have
constituted war crimes--including unlawful killings, disappearances,
and torture. RMGs also recruited and retained child soldiers, compelled
forced labor, and committed widespread crimes of sexual violence. The
situation was complicated the incomplete implementation of the March
2009 peace agreements involving the Government and several RMGs that
operated in North and South Kivu. In October the UN Office of the High
Commissioner for Human Rights (UNOHCHR) detailed allegations of serious
abuses, including potential war crimes and crimes against humanity,
committed in the country by foreign militaries and other armed entities
between 1993 and 2003 (see sections 1.e. and 5). In the eastern
provinces of North and South Kivu, the illegal exploitation of natural
resources continued to contribute to conflict. Many armed entities in
the east, including some FARDC units, engaged in the illegal
exploitation and trade of natural resources. Some RMGs, have cooperated
with criminal networks within the FARDC that have militarized the
mineral trade and continued to compete for control over mineral-rich
areas. In September, President Joseph Kabila imposed an indefinite
suspension of all mining activity in North and South Kivu and Maniema
provinces, which remained in effect at year's end. A separate conflict
involving the Lord's Resistance Army (LRA) in the Haut Uele and Bas
Uele districts of Orientale Province in the northeast continued to have
an extremely negative effect on human rights during the year, resulting
in deaths, injuries, abductions, forced labor, looting, and general
insecurity. Interethnic conflict in Equateur Province resulted in
numerous refugees and internally-displaced persons (IDPs). While the
security situation in Equateur stabilized during the year, the IDPs did
not return.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--There were reports
that the Government or its agents committed politically motivated
killings. For example, during the year members of police allegedly
killed a leading human rights activist and disappeared his colleague
(see section 5).
In addition, during the year dissident elements of the FARDC, which
were comprised of ex-CNDP members poorly integrated into the FARDC and
led by General Bosco Ntaganda, were allegedly implicated in at least
eight politically motivated killings, as well as the arbitrary arrest
and temporary detention of seven other individuals, and the abduction
and disappearance of another. The killings and other acts targeted
members loyal to the previous CNDP commander, Laurent Nkunda, whom
Ntaganda had replaced as the leader of the CNDP in January 2009, when
the Rwandan government arrested and detained Nkunda in Rwanda. The
ouster of Nkunda divided the CNDP movement to some extent between
Nkunda and Ntaganda supporters. The killings allegedly were an attempt
by Ntaganda to assert his authority over the group and quell any
division.
According to Human Rights Watch (HRW), one of the targeted killings
occurred on September 14, and it resulted in the shooting death of
Lieutenant Colonel Antoine Balibuno, an Nkunda supporter, immediately
following a nighttime meeting at a bar in Goma with Lieutenant Colonel
Kabakule Kennedy and Lieutenant Colonel John Asiki, both of whom were
known supporters of Ntaganda. Balibuno had reportedly told HRW and
others in the preceding months that Ntaganda had repeatedly threatened
him for refusing to support Ntaganda's leadership of the CNDP. Another
killing documented by HRW allegedly took place in Gisenyi, Rwanda on
June 20. A group of men including one of Ntaganda's body guards and,
according to witnesses, Rwandan security agents entered the home of
Denis Ntare Semadwinga, an Nkunda supporter. Semadwinga was stabbed
repeatedly and his throat was slit. According to reports received by
HRW, Semadwinga may have been in contact with General Kayumba Nyamwasa,
an opponent of the Rwandan president who reportedly escaped a murder
attempt in South Africa during the year. HRW, which called on the
Government to arrest Ntaganda, also reported that in the cases of
arbitrary arrest and detention, Ntaganda had dictated what the charges
should be and instructed judicial officials not to follow due process.
Ntaganda, Kennedy, and Asiki remained free at year's end.
There were reports of state security forces engaged in summary
executions, extrajudicial killings, rape and other abuses of civilians
in the east and in other parts of the country during clashes with RMGs
(see section 1.g.).
There were several occasions during the year when members of state
security forces arbitrarily and summarily killed civilians, sometimes
during apprehension or while holding them in custody, sometimes during
protests, and often for failing to surrender their possessions, submit
to rape, or perform personal services. In the cases below, which are
not an exhaustive list of such killings during the year, authorities
did not investigate or prosecute any of the perpetrators.
In April soldiers allegedly killed a journalist (see section 2.a.).
On May 5, agents of the military intelligence agency DEMIAP fired
into a crowd of demonstrators in Kinshasa, killing one and injuring
several. A day prior to the shooting, state security forces had
arrested several members of the Church of Jesus Christ our Lord in
Kinshasa at Kinshasa's airport for ``security reasons.'' Those arrested
were released after three and a half months in prison with no charges
and no trial. No action was taken against the DEMIAP agents responsible
for the shootings.
On June 2, two FARDC soldiers robbed and shot two civilians in
Kabaye, North Kivu, which resulted in the death of one of the victims.
An intelligence officer of the First Operational Area refused to
transfer suspects to a judge investigating the killing. No additional
information was available at year's end.
On September 29, the Republican Guard (GR) arrested and severely
beat Armand Tungulu, a Congolese national for throwing a rock at the
presidential motorcade in Kinshasa, according to witnesses. On October
2, the prosecutor general reported that the detainee had apparently
committed suicide while in the GR's custody at Tshatshi military camp
during the night. He added that a medical examiner had been assigned to
the case. According to media reports, despite requests from Tungulu's
wife, officials had not given Tungulu's body to his family, despite the
family's requests. There was no additional information by year's end.
There were no reports of authorities taking action in the following
cases of unlawful killings committed by state security forces in 2009:
The fatal shooting of a man by a Congolese National Police (PNC)
officer during a protest in January in Kolwezi, Katanga;
The fatal beating of a Tanzanian man in January by two Directorate
General of Migration (DGM) agents and two PNC officers in Lubumbashi,
Katanga, following his arrest for alleged document fraud;
The death of a woman in Njingala, North Kivu, from injuries she
sustained in April during a gang rape by 10 FARDC soldiers who invaded
her home;
The death by torture of a man by FARDC intelligence officers in
April in Kamandi Lac, North Kivu; orthe fatal beating of a detained
woman in her prison cell by PNC officers in June in Bena Mpiana, Kasai
Oriental.
Authorities took no further action on the 2008 killing of a
civilian in Bulukutu, Equateur, by a PNC officer, or the 2008 killing
of an artisanal miner in Katanga by a police officer attached to the
Provincial Mining Office in Kalukalanga. There was also no additional
information regarding the arbitrary arrest and illegal three-month
detention of a man, who later died from mistreatment, by the commander
of the Karawa Police Station in Equateur in 2008.
Authorities in Bas-Congo Province, in the west, took no action
regarding the deaths of at least 205 members of the Bundu Dia Kongo
(BDK), a political-religious group seeking greater provincial autonomy,
during demonstrations in 2008 and 2007. Investigative reports by the UN
Joint Human Rights Office (UNJHRO) in 2008 concluded that police used
excessive force in both incidents and that in 2008 police committed
arbitrary executions and raped local residents. Although the
Government, rejecting these conclusions, committed in 2008 to conduct
its own investigation, Philip Alston, the UN special rapporteur on
extrajudicial, summary, or arbitrary executions (UNSRESAE), found that
authorities--including then head of the PNC John Numbi--had not held to
account any of the PNC members responsible for the killings. During
UNSRESAE Alston's visit, the governor ordered the mayor of Kisantu to
prevent him from interviewing witnesses or holding any meetings.
There were no developments in the 2008 case of a FARDC soldier who
shot and killed a civilian in Mahagi Port, Orientale.
Authorities took no action against those responsible for summarily
executing and otherwise killing approximately 300 persons in 2007
during armed confrontations in Kinshasa between forces loyal to
President Kabila and rival forces loyal to former vice president Jean-
Pierre Bemba.
Attempts to investigate a 2004 massacre in Kilwa, Katanga Province,
which was allegedly committed by FARDC soldiers with logistical help
from a mining company, continued to meet with problems following
Katanga government officials' decision in 2008 to prevent a local
nongovernmental organization (NGO), as well as the victims' foreign
attorneys, from visiting Kilwa. As a result, during the year survivors
and relatives of the 73 victims of the massacre filed a class action
lawsuit in Quebec against the Canadian company Anvil Mining, which
responded to the lawsuit by saying there had been numerous
investigations and court proceedings but ``no findings adverse to Anvil
or any of its employees have arisen.'' There were no further legal
developments regarding the 2007 acquittal by a military court of
several FARDC soldiers and three Anvil Mining employees accused of
involvement in the Kilwa massacre. In 2008 the Lubumbashi Military
Court of Appeal rejected legal motions by victims' relatives
challenging the acquittals.
There were no reported developments regarding any of the other
alleged killings by authorities in 2007 that were previously reported.
During the year a UN human rights mapping report detailed killings
by foreign militaries between 1993 and 2003 (see section 1.g.).
RMGs in conflict zones committed unlawful killings during the year,
and there were reports that some corporations facilitated such killings
and other abuses by sourcing minerals from areas controlled by armed
entities, including FARDC units (see section 1.g.).
b. Disappearance.--There were reports of disappearances caused by
government forces. Authorities often refused to acknowledge the
detention of suspects, and in some cases they detained suspects in
secret detention facilities.
For example, in August FARDC soldiers kidnapped a civil society
leader and did not disclose his whereabouts while illegally detaining
him in an underground jail (see section 1.c.).
According to a report released in April 2009 by the African
Association for the Defense of Human Rights (ASADHO), state security
forces continued to use forced disappearances to repress individuals.
ASADHO noted the disappearance of 16 persons, including students,
police officers, and soldiers, following their initial arrest earlier
in 2009. Their whereabouts remained unknown at year's end.
In February 2009 the UN Working Group on Enforced or Involuntary
Disappearances (UNWGEID) reported to the UN Human Rights Council
(UNHRC) that, as of 2008, there were 43 unsettled cases of forced or
involuntary disappearance that had been reported to the UNWGEID,
although none of them originated during the year. Underlining that an
enforced disappearance was ``a continuing offense for as long as the
fate or whereabouts of the victim remains unclarified,'' the UNWGEID
stated that, as in 2008, the Government did not respond to UN inquiries
about the cases. There were no reports of government efforts to
investigate disappearances and abductions, including those in which
security force members were accused of involvement.
There was no information about the whereabouts of three lawyers in
Kinshasa, who were abducted by three armed men in 2007 and allegedly
detained by the National Intelligence Agency (ANR).
RMGs and FARDC units kidnapped numerous persons, generally for
forced labor, military service, or sexual services, and there were
reports that some corporations facilitated such killings and other
abuses by sourcing minerals from areas controlled by these armed
entities. Many of the victims disappeared (see section 1.g.).
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--At the beginning of the year, the law did not specifically
criminalize torture; however, during the parliamentary session between
March and June lawmakers adopted a law criminalizing torture. Despite
this reform, the Government did not effectively enforce the law, and
during the year there were many credible reports by informed sources
that security services tortured civilians, particularly detainees and
prisoners, and employed other types of cruel, inhuman, and degrading
punishment. Most cases of torture were perpetrated by members of the
police, the ANR, and the FARDC, according to credible sources. There
were very few reports of government authorities taking action against
members of state security forces responsible for these acts.
For example, on August 24, FARDC units comprised of ex-CNDP members
kidnapped Sylvestre Bwira, president of the civil society in Masisi,
North Kivu, and held and severely beat him in an underground prison for
six days. The abuses occurred after he had sent an open letter to
President Kabila on August 2, denouncing abuses committed with impunity
by General Ntaganda's troops and the parallel CNDP administration in
Masisi Territory. Authorities had taken no action by year's end.
The UNJHRO reported several cases of torture and cruel, inhuman,
and degrading treatment. For example, on August 21, FARDC soldiers
arrested five persons, including two minors, suspected of involvement
in an attack on a MONUSCO peacekeeping base in Kirumba, in the Lubero
Territory in North Kivu, which killed three peacekeepers. During their
detention at the headquarters of the 12th FARDC Sector in Kasando,
Lubero Territory, soldier's allegedly tortured them, giving them
between 40 and 120 lashes each and burning and mutilating their feet
and hands to obtain confessions. The five were transferred on August 22
to the Goma military court. There were no reports that authorities had
investigated or disciplined the accused FARDC soldiers, and no
additional information was available.
There were no reports of authorities taking action in the following
cases of severe beatings of suspects by state security forces in 2009
and 2008:
The severe beating of a suspected thief who was subsequently denied
food and water for two days by ANR agents in January 2009, in Kabimba,
Katanga;
The severe beating and stabbing of two women in February 2009 by
several FARDC soldiers from the Second Integrated Brigade in Butembo,
North Kivu, during a break-in at the women's home;
The severe beating, extortion, and other forms of mistreatment of a
man in February 2009 by five PNC officers in Kaleba, Katanga, under a
PNC commander who allegedly routinely ordered the torture of civilians
to extort money;
The all-night beating of two civilians suspended from a tree by
three GR soldiers named Vandome, Jean-Paul, and Mapendo in May 2009 in
Kahungula, Bandundu;
The beating and robbery of a civilian by two FARDC soldiers in
Kalemie, Katanga, in 2008;the severe beating of a man by five FARDC
soldiers in Mbuji-Mayi, Kasai Oriental in 2008 for resisting their
efforts to steal his motorbike;
The cruel, inhuman, and degrading treatment of a civilian in 2008
by seven PNC officers in Bena-Leka, Kasai Occidental, under the command
of Tshipamba Nzolo; or
The torture of a police officer by offers of the police's Mobile
Intervention Group (GMI) in Mbuji-Mayi, Kasai Oriental, in 2008.
Authorities took no action against members of state security forces
who tortured a judicial investigator in Orientale Province (see section
1.d.) in 2007.
On several occasions during the year, police beat and arrested
journalists who wrote or broadcast material they did not like (see
section 2.a.).
There were continuing reports, including many from the UNJHRO, of
rape of civilians by members of the state security forces, both in the
context of the conflict in the east (see section 1.g.) and elsewhere.
For example, in Kasai Occidental, on March 13, four policemen from
Kampungu police station in Mweka Territory allegedly arrested the
daughter of a man they sought and then raped her throughout the night
while she was detained. No additional information was available.
During the year a police commander raped a 15-year-old girl (see
prison and detention center conditions in section 1.c.).
No additional information was available regarding the investigation
that a public prosecutor ordered in 2009 into the rape of a 13-year-old
girl in March 2009 by the head of the office of the Ministry of Urban
Planning and Housing in Bulungu, Bandundu.
At year's end no additional information was available on a FARDC
soldier in Rwindi, North Kivu, whom military authorities arrested and
detained after he allegedly raped a three-year-old girl in 2008.
There were no reports of authorities taking further action
regarding the abduction and repeated rape over a four-day period of a
14-year-old girl by a FARDC lieutenant in Gemena, Equateur, who had
been arrested and then released; or the rape of 13 women and six girls
in Ngele, Equateur, and the cruel, inhumane, and degrading treatment of
the village's male residents by police officers.
RMGs committed sexual violence and other types of abuses against
civilians during the year, and some corporations facilitated sexual
violence against civilians by supporting--through the illicit trade in
mineral resources--armed entities, including some FARDC units (see
section 1.g.).
Some church leaders beat, whipped, and starved children accused of
witchcraft (see section 6).
Prison and Detention Center Conditions.--Conditions in most prisons
remained severe and life-threatening. During the year UN Secretary-
General Ban Ki-moon reported to the UN Security Council that the prison
system merited urgent reform, as it continued to be characterized by
``catastrophic conditions of detention,'' including severe overcrowding
and lack of medical facilities, and that in several instances,
detainees died from starvation, as no budget had been allocated to
cover operational costs, including food and other basic needs. The
penal system was underfunded, and most prisons were overcrowded, poorly
maintained, and lacked sanitation facilities. In all prisons except the
Kinshasa Penitentiary and Reeducation Center (CPRK), the Government had
not provided food for years. Prisoners' friends and families provided
the only available food and necessities. Malnutrition was widespread,
and some prisoners starved to death. Prison staff often forced family
members of prisoners to pay bribes for the right to bring food to
prisoners.
The country's justice minister called the prisons ``death houses''
in a plea to the international community for immediate assistance.
According to ASADHO's April 2009 report Rule of Law Put to the Test,
medical equipment and medicines were absent in virtually all the
prisons and detention centers. In 2009 the UN secretary-general
reported that prison populations exceeded capacity by 600 percent and
expressed concern about lack of food and health care, outdated prison
laws and regulations, and severe shortcomings in infrastructure and
training for prison guards.
While evaluating the country's prison system in July 2009, Dimitri
Titov, the UN assistant secretary for the rule of law and security
institutions in the Department of Peacekeeping Operations, visited the
prison in Goma, North Kivu, where he found a prison facility built for
150 prisoners housing 850, 650 of whom had not been tried yet. There
was no separation of men, women, and children or of civilian and
military detainees, which Titov called unacceptable. Titov said
overcrowding was so great in the dilapidated prison that inmates slept
in hallways and next to septic tanks, facilitating the spread of
disease in what he called inhumane conditions. Noting that he had
toured numerous prisons in post-conflict African countries, he deemed
the prison in Goma ``the most terrible I've ever seen.'' Titov also
visited the prison in Bunia, Orientale, where he found the prison
population exceeded the facility's capacity by 250 percent. While
underlining efforts by donor countries to improve prison conditions in
the country, he urged the Government to match those efforts.
Temporary holding cells in some prisons were extremely small. Many
had no windows, lights, electricity, running water, or toilet
facilities; access to potable water or temperature-regulated cells was
nonexistent.
Violence, particularly sexual violence, continued to be a serious
problem in prisons, along with life-threatening diseases such as HIV/
AIDS. Male prisoners raped other prisoners, including men, women, and
children. Citing the prison rape cases that it had registered during
the year, ASADHO reported in June 2009 that ``women are frequently
raped'' and that prison rapes ``are sometimes organized in cahoots with
prison authorities.'' ASADHO also noted that men, especially new
inmates, were sodomized by prison gangs. In June 2009, during an
attempted prison escape and subsequent riot at the Central Prison in
Goma, North Kivu, 24 military detainees raped 23 female prisoners. PNC
officers shot and killed one perpetrator.
Deaths of detainees were common due to deplorable living
conditions, malnutrition, and lack of medical care. For example, on
February 12, 191 persons were detained in a 36-by-23-foot cell in
Tshikapa's prison, Kasai Occidental Province, without ventilation
resulting in the death of three detainees due to suffocation. Also in
February the UNJHRO documented seven cases of death in detention
throughout the country, mainly due to bad detention conditions. Over a
two-week period in July, three inmates died from starvation in Bulungu
Prison, in Bandundu Province. On June 26, a detainee died in Idiofa
prison in Bandundu, after failing to pay for the medical care he
needed, even though health care is a state obligation in the country.
On June 8 and 11, two detainees of Kalemie central prison in Maniema
Province died from diseases a few days after their admission to the
General Hospital of Kalemie.
In July 2009 the UNJHRO reported that prisoners were dying in Bunia
prison, including from malnutrition and tuberculosis. Local NGO Me
Lonjiringa reported in July 2009 that the physical and hygienic
conditions of Bunia prison were so bad that being detained there was
``a death sentence.'' UN High Commissioner for Human Rights Navi Pillay
reported that between March 2008 and March 2009, at least 65 prisoners
died in prisons. Pillay concluded that confinement in a Congolese
prison in itself often amounted to cruel, inhumane, or degrading
treatment.
Health care and medical attention remained inadequate, and
infectious diseases rampant. In rare cases prison doctors provided
care; however, they often lacked medicines and supplies. According to a
nurse at the Bunia Central prison, in 2009 many prisoners were in
desperate need of a transfer to the hospital for medical care but were
often denied.
Numerous prisoners attempted to escape, sometimes to avoid what
they viewed as certain death from starvation, according to the UNJHRO.
In June 140 inmates escaped various prisons across the country, and
only 23 of them were recaptured, according to the UNJHRO. According to
media reports, in Gemena prison, in Equateur, where a growing backlog
of pretrial detention cases continued to outgrow the capacity of the
prison and the lone prosecutor who served the area, almost 200 pretrial
inmates rioted and escaped on November 16 due to lack of food; only a
handful were reportedly recaptured.
Guards were few and often unpaid, and some lived in the prisons for
lack of homes. According to the UN secretary-general, approximately 95
per cent of the personnel working in the correctional facilities were
not civil servants but rather self-appointed and lacked formal training
for the responsibilities of their positions. There was no training
institution for prison personnel, including wardens. Lack of authority
and surveillance resulted in detainee death and abuse. For example, the
UNJHRO reported that on January 31, an inmate in Bukavu's central
prison was tied up and beaten to death by six co-detainees.
Installations remained rudimentary, contributing to high rates of
escape across the prison system. According to a March 2009 report by
seven UN special rapporteurs and representatives, ``The disastrous
state of the prison system, perhaps the weakest link in the justice
chain, facilitates escapes of suspects and convicts, including high
profile offenders who sometimes 'escape' with the connivance of the
authorities. For this reason, but also in light of the generally
appalling prison conditions.penitentiary reform is an absolute
necessity.'' The group recommended that the Government and its
technical assistance partners make it a priority to implement the new
Strategic Plan on Prison Reform and Training, developed by the Ministry
of Justice and the UN peacekeeping mission MONUC, whose name was
changed to MONUSCO in May.
Larger prisons sometimes had separate facilities for women and
juveniles, but others generally did not. Prison officials held pretrial
detainees together with convicted prisoners and treated both groups the
same. They generally held individuals detained on state security
grounds in special sections. Government security services often
clandestinely transferred such prisoners to secret prisons. Civilian
and military prisons and detention facilities held both soldiers and
civilians, since none of the military's prisons were operational,
according to a March report by the UN secretary-general.
According to ASADHO, sleeping arrangements in prisons and detention
centers were hierarchical and corrupt. Due to overcrowding, the best
sleeping spots went to those who were able to pay. Those at the bottom
of the hierarchy had to sleep on cement floors or outside in the
courtyards.
According to MONUSCO, in 2009 fewer than 90 of the country's 230
prisons actually held prisoners; while there were no reports of the
Government officially closing prisons during the year, dozens of
prisons that had not functioned for years remained closed. Most prisons
were dilapidated or seriously neglected.
Prisoners routinely escaped from prisons in all provinces. In some
cases, security personnel who were detained or convicted of serious
crimes were released from prison by military associates or by bribing
unpaid guards.
Even harsher conditions prevailed in small detention centers, which
were extremely overcrowded; had no toilets, mattresses, or medical
care; and provided detainees with insufficient amounts of light, air,
and water. Originally intended to house short-term detainees, they were
often used for lengthy incarceration. They generally operated without
dedicated funding and with minimal regulation or oversight. Informed
sources stated that detention center authorities often arbitrarily beat
or tortured detainees. Guards frequently extorted bribes from family
members and NGOs for permission to visit detainees or provide food and
other necessities.
Despite President Kabila's 2006 decision to close illegal jails
operated by the military or other state security forces, there were no
reports of such closures during the year. According to MONUSCO, the
security services, particularly the intelligence services and the GR,
continued to operate numerous illegal detention facilities
characterized by harsh and life-threatening conditions. Authorities
routinely denied family members, friends, and lawyers access to these
illegal facilities.
Authorities took no action against ANR agents who tortured six
inmates in 2008 in Musenze Central Prison in Goma, North Kivu.
The law provides that minors may be detained only as a last resort;
however, in part due to the absence of juvenile justice or education
centers, authorities commonly detained minors. Many children endured
pretrial detention without seeing a judge, lawyer, or social worker;
for orphaned children, pretrial detention often continued for months or
years. In February 2009 the UN Committee on the Rights of the Child
(UNCRC) noted that the child protection code, promulgated in January
2009, provides for juvenile courts to become operational by 2011.
However, the UNCRC expressed concern over the way in which the justice
system continued to handle juveniles and the lack of a juvenile justice
system. According to the UNJHRO, during the night of May 8, a 15-year-
old girl who had been raped was illegally detained in a PNC cell with
the alleged perpetrator and subsequently raped by the police commander
in charge of the investigation. There were no reports of authorities
taking any action against the commander.
Authorities denied some prisoners and detainees access to visitors
and did not permit them to have contact with or submit complaints to
judicial authorities (see section 1.d.). The Government had not
established an effective or reliable system to monitor detention
facilities, and authorities very rarely investigated allegations of
inhumane prison or detention center conditions. There were no
government ombudsmen serving to protect the rights of prisoners and
detainees. There were no reports of authorities preventing prisoners or
detainees from practicing their religion.
In general the Government allowed the International Committee of
the Red Cross, MONUSCO, and some NGOs access to all official detention
facilities; however, it did not allow these organizations access to
illegal government-run detention facilities, including those run by the
ANR, the GR, and units of the FARDC, including ex-CNDP FARDC units in
Masisi territory, North Kivu.
RMGs sometimes detained civilians, often for ransom, but little
information was available concerning the conditions of detention (see
section 1.g.).
With MONUSCO's support, the reconstruction of the Ndolo military
prison in Kinshasa was completed during the year, and plans to make the
prison operational had been finalized by October. At the Goma Central
Prison, construction of a structure designed to separate juveniles and
women neared completion. However, according to the UN Secretary-
General's report to the UN Security Council in October, despite those
efforts, prison conditions throughout the country, particularly in
conflict-affected areas, remained dire. Calling prison conditions one
of the major human rights crises in the country, the UNJHRO opened a
special office during the year to better address the problem and
recommended that the Government create prison farms to ensure food
supply for inmates and generate revenue to procure basic medicines.
d. Arbitrary Arrest or Detention.--The law prohibits arbitrary
arrest or detention; however, state security forces routinely
arbitrarily arrested and detained persons.
Role of the Police and Security Apparatus.--Among other elements,
the state security forces consist of the PNC, which operates under the
Ministry of Interior and has primary responsibility for law enforcement
and public order. The PNC includes the Rapid Intervention Police and
the Integrated Police Unit. The ANR, overseen by the president's
national security advisor, is responsible for internal and external
security. Other agencies include the military intelligence service of
the Ministry of Defense; the DGM, responsible for border control; the
GR, which reports directly to the presidency; and the FARDC, which is
part of the Ministry of Defense and generally responsible for external
security, but which also carries out an internal security role.
State security forces generally remained undisciplined, corrupt,
lacked training, were grossly underfunded, and received little pay (see
section 4).
There were mechanisms available to investigate abuses by state
security forces and address internal discipline problems, although the
mechanisms remained weak and ineffective, particularly for addressing
misconduct by mid- and high-ranking officials. However, some progress
was made during the year related to internal discipline of the PNC, as
authorities charged eight PNC officers following the disappearance of
human rights defender Fidele Bazana Edadi and the killing of his
colleague, long-time activist Floribert Chebeya, who was last heard
from just before entering PNC headquarters in Kinshasa after being
summoned by the head of the national police, John Numbi. Nevertheless,
several rule of law experts in the country and almost 80 local and
international human rights NGOs have expressed serious concerns about
the credibility and independence of the investigation and the trial
(see section 5). Numbi, who was implicated by several reports in
serious human rights abuses in recent years, was suspended from his
position in June pending an investigation, but authorities did not
charge him or put him on trial, and dozens of civil society members
alleged that Numbi continued to perform official duties despite the
official suspension.
Created in 2007, the Inspection General d'Audit (IGA) is the
internal discipline system within the PNC. As an internal oversight
mechanism, it aims, among other things, to address police corruption
and other types of police misconduct and human rights violations
perpetrated by the police force. While the existence of the IGA was
considered a positive legal step, at year's end it was not fully
functioning, suffering from a lack of infrastructure, training, and
awareness regarding its role and existence, especially at the
provincial level.
Members of the FARDC, police, and intelligence sectors continued to
commit the majority of the country's human rights abuses. For example,
on February 16, the deputy police commander of Sankuru, Kasai Oriental
Province, and 20 PNC agents burned 89 homes and pillaged 47 others in
retaliation for the killing of a policeman by the population. On
February 16 and 18, they also pillaged two schools and broke 19 windows
in the local hospital. Authorities arrested six policemen, including
the deputy commander, and placed them under a temporary arrest warrant.
On April 14, the trial began at the Lodja military tribunal, but one of
the policemen escaped before the trial began. No additional information
was available at year's end.
The FARDC consisted of between 130,000 and 155,000 soldiers,
including 60,000 who have reached or are close to retirement age.
Approximately half of the force was deployed during the year in the
conflict-affected east. The FARDC was ineffective, due in part to weak
command and control, poor operational planning, low administrative and
logistical capacity, and questionable loyalty on the part of some of
its soldiers. Other serious obstacles to the formation of a coherent
national army included lack of equipment and barracks.
In addition, in October 2009 UN Special Representative of the
Secretary-General Alan Doss reported to the UN Security Council that
``the fast-track integration of up to 20,000 elements of former armed
groups, some with very bad human rights records, into the FARDC has
aggravated existing problems of indiscipline and crimes committed
against the population.''
For example, in August a FARDC general ordered his soldiers to
kidnap a FARDC colonel to force a military prosecutor to release
another FARDC colonel, who had been arrested on charges of
insubordination (see section 1.g.).
During the year there were increases in crimes committed against
civilians in areas of the east where the FARDC was present,
particularly regarding Operation Amani Leo (see section 1.g.).
MONUSCO--as mandated by the UN Security Council--continued to condition
its logistical military support to FARDC units on accountability for
human rights abuses. For example, after MONUSCO suspended its support
in June to the FARDC 911th, or ``Bear,'' Battalion in Orientale, owing
to the serious and persistent human rights violations committed by some
of its elements, authorities arrested six officers of the battalion and
transferred them to the relevant judicial authorities, according to a
report submitted to the UN Security Council in October.
According to UNSRESAE Alston, ``regular failures'' by the
Government to provide soldiers their rations and pay, together with
embezzlement by commanders, contributed to indiscipline as soldiers
continued ``to literally prey on the population.'' FARDC units
throughout the country regularly engaged in illegal taxation and
harassment of civilians. They set up checkpoints to collect ``taxes,''
often arresting individuals who could not pay the demanded bribes and
stealing whatever food and money they could. According to the UNJHRO,
there was a direct correlation between salaries siphoned off by corrupt
officers and the level of human rights abuses committed by the FARDC,
the GR, the PNC, the DGM and the ANR. Abuses by FARDC soldiers were
dramatically reduced in areas where they were paid and fed.
Impunity in the state security forces remained a severe, widespread
problem, and the weaknesses of the justice system continued to play a
large role in the problem (see section 1.e.). The Government prosecuted
and disciplined few security force personnel for abusing civilians.
According to the UN secretary-general's report to the UN Security
Council in March, military justice institutions continued to face
challenges, including a severe shortage of military judges and
prosecutors, with only 350 of a required 818 military magistrates being
deployed. Magistrates, prosecutors, and investigators were poorly
trained, had little or no resources for investigations, and limited, if
any, access to legal codes. In addition, the military justice system
was often subjected to political and command interference, and security
arrangements for magistrates in conflict-affected areas remained
inadequate. Magistrates who attempted to investigate politically
connected high-level FARDC officers were threatened (see section 1.a.),
as were witnesses providing information to judicial officers.
According to a HRW July 2009 report, Soldiers Who Rape, Commanders
Who Condone, the military justice system remained a weak institution.
HRW underscored that ``only a small fraction'' of the total number of
acts of sexual violence committed by FARDC soldiers had been
prosecuted. As an example, HRW reported that, during 2008, 27 soldiers
were convicted of crimes of sexual violence in North and South Kivu.
During the same year, the UN registered 7,703 new cases of sexual
violence (by FARDC soldiers and other perpetrators) in North and South
Kivu.
The Operational Military Court, which the Government established
during the year to address abuses committed by FARDC officers during
military operations, made some progress in prosecuting a small number
of low-ranking perpetrators. However, it lacked adequate staff, the
ability to conduct its own independent investigations, and the power to
undertake high-level prosecutions, and there remained concerns about
the court's respect for due process (see section 1.e.).
Most of the prosecutions undertaken by the military justice system
continued to be lower-ranking officers or soldiers; rarely were mid-
level or senior-level officers investigated for having committed acts
of sexual violence. Although no general had yet been convicted, either
for his own actions or for failing to control his troops, a general
(General Jerome Kakwavu) was arrested for rape and other crimes in
April. When they were convicted, sentences were rarely carried out. For
example, in July 2009 a military court found Lieutenant Colonel
Ndayambaje Kipanga guilty of raping four girls in Rutshuru, North Kivu.
Prior to the arrest of General Kakwavu, he was the highest-ranking
FARDC officer convicted. However, he was convicted in absentia after
escaping custody two days after his arrest in May 2009, due to lax
detention procedures, and he remained at large at year's end..
In its November 2009 report to the UN Security Council, the UNGOE
cited meetings it held with military justice prosecutors in North and
South Kivu, who ``reiterated the limitations...in effectively
prosecuting sexual violence and underscored the lack of willingness at
the highest level of the FARDC military command to ensure that
perpetrators are held accountable.'' Examples provided by the UNGOE of
FARDC commanders who had failed to take any action after being notified
of rape cases committed by their men included Colonel Alphonse Mpanzu
of the 8th Integrated Brigade, deployed in Uvira (South Kivu) in the
context of Kimia II (at least two cases of rape), and Lieutenant
Colonel Salumu Mulenda, commander of the 33rd Brigade deployed in Uvira
and Walungu territories (13 cases of rape). In addition, more than 50
cases of abuse by the 33rd Brigade (lootings, arbitrary detention, and
burning of civilian properties) had been reported since the beginning
of Kimia II operations, according to the group.
Several individuals accused of numerous serious abuses held senior
positions in the FARDC. Of the ``FARDC five,'' the five senior FARDC
commanders whose impunity for alleged crimes of sexual violence was
raised again with President Kabila by the UN Security Council in May
2009, three were in detention by year's end, their investigations had
been completed, and their cases were ready for trial. General Kakwavu
had been arrested and was awaiting trial, as well as colonels Safari
and Mobuli. Major Pitchen, also known as Joseph Papy Ilunga, was
located in Equateur. The Ministry of Defense sent a letter to his
commander requesting he be transferred to the military prosecutor, but
the commander refused. At year's end, Major Pitchen, who already had a
warrant for his arrest due to a conviction of rape in Bukavu, continued
commanding a battalion of troops. Colonel Mosala was requested to
remain under house arrest but was not legally required to do so; he
fled and his whereabouts were unknown. He was presumed to have fled the
country.
Following his assessment visit in October 2009, UNSRESAE Alston
characterized impunity within the state security forces as ``chronic,''
noting that ``endemic corruption and political interference ensure that
anyone with money or connections can escape investigation, prosecution,
and judgment.'' For example, in June FARDC forces attacked an
integration center in Nyaleke, North Kivu. The commander of the 1113th
Battalion, based in Oicha, North Kivu, first arrested, and then
released eight of the defendants in exchange for a large amount of
money. A captain of the 1113th Battalion also released suspects in the
same case and refused to respond to a summons to appear in court. In
addition, on August 12, ex-CNDP FARDC elements forcibly freed a former
commander from the Goma Military Prosecutor's office after authorities
had arrested the former commander for refusing to be redeployed from
Walikale Territory following accusations of human rights abuses by
FARDC elements under his command.
On October 5, General Bosco Ntaganda, an ex-CNDP chief of staff who
was loosely integrated into the FARDC during 2009 (but who has not
followed or been subjected to the same command chain as the
``regular,'' non-integrated FARDC forces) told Reuters that he
continued to command FARDC troops in the east as ``the number two''
commander in Operation Amani Leo. (The International Criminal Court
(ICC) issued an arrest warrant for Ntaganda in 2006 relating to the
recruitment and use of child soldiers.) His comments contradicted
official FARDC statements that he had no role in Amani Leo; however,
the UN GOE reported in December that General Ntaganda ``remained deputy
commander of Amani Leo operations.'' At year's end General Ntaganda
continued to live and openly circulate in Goma, North Kivu. In his 2009
report, UNSRESAE Alston expressed concern that both government and UN
officials had indicated they would not take steps to arrest General
Ntaganda.
During the year the Government took few significant steps to reform
the state security forces, and three important draft pieces of
legislation to reform the armed forces had yet to be adopted by
parliament. According to the UN secretary-general's October report to
the UN Security Council, ``Progress on reform of FARDC was largely
stalled.Several bilateral training programs supporting the
implementation of the army reform plan were stalled or completed, while
the continuation of others was in question.'' The FARDC continued to
cooperate with the EU Mission to Provide Advice on and Assistance with
Security Sector Reform in its chain of payments project, which aimed to
improve the FARDC's salary distribution system, prevent fraud and
embezzlement, and ensure payments reached soldiers.
There were a few convictions of state security forces members,
usually low ranking, during the year. For example, on July 22, the
military tribunal in Goma sentenced Lieutenant Bahati, Warrant Officer
Kambere, Sergeant -Major Bandoa and Balume to 20 years in prison for
rape and armed robbery.
In addition, some Congolese military prosecutors participated in
joint investigation teams (JITs) a UN initiative launched during the
year that focused on investigating crimes of sexual violence in the
east. JITs, which consisted of UNJHRO officers and Congolese military
prosecutors and investigators, received allegations of rape and other
abuses from human rights groups and deployed to remote areas to
investigate and collect evidence for judicial cases. The UNJHRO
officers provided the military prosecutors and investigators with
transportation, normally a debilitating deficiency in the investigation
process. As the military prosecutors and investigators collected and
processed information, they received in-the-field coaching and training
in technical areas, such as forensics, witness protection and
interviewing, and child protection. Although the JITs were ad hoc in
nature and lacked adequate funding and personnel resources,
participating military prosecutors and investigators and NGOs viewed
JITs as a small but effective component in the fight against impunity.
In July 2009 announced that the Government had adopted a policy of
``zero tolerance'' for human rights violations by the state security
forces following intense criticism by donor countries and international
human rights groups. The FARDC disseminated instructions to all
soldiers that protecting the population was their duty and warned that
rape and other crimes against civilians would be punished. In December
2009 several members of the Universal Periodic Review Working Group
(UPRWG) commended the Government for adopting this policy but expressed
concern over severe deficiencies in its implementation. Several members
of the UPRWG urged the Government to implement by June 2010 the short-
term anti-impunity reforms that were recommended by UNSRESAE Alston,
who said in October 2009 that FARDC soldiers faced ``no risk of
punishment'' for abuses, partly due to their anonymity. Alston urged
the Government to require all FARDC soldiers to wear uniforms showing
their names and unit affiliation and recommended that the UN Security
Council make this step a precondition for any further UN assistance. He
also urged the Government to immediately indict key members of the
military alleged to have committed war crimes, crimes against humanity,
and other serious offenses, particularly General Ntaganda, Innocent
Zimurinda, Sultani Makenga, Bernard Byamungu, and Salumu Mulenda. At
year's end, the Government had not taken these steps.
During the Amani Leo Operation, and at the request of the FARDC,
MONUSCO conducted human rights screening--designed to identify and
remove human rights abusers from the operation--on a small number of
battalions in North Kivu that MONUSCO would support (depending upon the
results of the screening process), approximately 1,500 soldiers in
total; however, those in battalions not receiving support from MONUSCO
were not vetted (see section 1.g.).
However, during the year the Government continued to maintain joint
military oversight committees with MONUSCO in several provinces. They
were composed of military officers, military magistrates, MONUSCO human
rights officers, and MONUC child protection officers. They met monthly
to monitor, investigate, and develop strategies to combat sexual
violence and other human rights abuses. Their effectiveness remained
mixed at year's end.
Arrest Procedures and Treatment While in Detention.--By law arrests
for offenses punishable by more than six months' imprisonment require
warrants. Detainees must appear before a magistrate within 48 hours.
Authorities must inform those arrested of their rights and the reason
for their arrest, and may not arrest a family member instead of the
individual being sought. They may not arrest individuals for non-felony
offenses, such as debt and civil offenses. Authorities must allow
arrested individuals to contact their families and consult with
attorneys. In practice, security officials routinely violated all of
these requirements. No functioning bail system existed, and detainees
had little access to legal counsel if unable to pay. Authorities often
held suspects in incommunicado detention, including in illegal
facilities run by the ANR and the GR, and refused to acknowledge their
detention.
Security personnel arrested and detained without charge perceived
opponents and critics of the Government during the year, sometimes
under the pretext of state security, often denying due process, such as
access to an attorney (see sections 1.a., 2.a. and 5).
Police often arbitrarily arrested and detained persons without
filing charges, often to extort money from family members.
The military intelligence agency, DEMIAP, arbitrarily arrested
persons and subjected them to prolonged arbitrary detention (see
section 1.a.).
On July 21, in Kinshasa, PNC officers arrested without warrant the
coordinator of the NGO Solidarity for Social Promotion and Peace
(SOPROP) and a nurse, also a member of the organization, and held them
in custody at the Mont-Amba police station. Police also detained three
other SOPROP members when they visited the police station to support
the victims; police allegedly beat one of the three. The five SOPROP
members were released the same day. Authorities took no action against
those responsible.
On September 29, members of the PNC arrested two women who
witnessed and allegedly filmed the beating of a man by GR members after
he threw a rock at the presidential motorcade. The two women were held
in detention for several days until being released. The man was
arrested and died in a GR detention cell, allegedly after committing
suicide (see section 1.a.).
Of the 174 inmates determined in 2008 by the vice-minister of human
rights to be illegally detained in the CPRK, seven remained in prison
at the end of 2009, but it was unclear how many remained in prison at
the end of the year.
Prolonged pretrial detention, often ranging from months to years,
remained a problem, as pretrial detainees constituted at least 70
percent of the prison population, according to the UN. In March UN
Secretary-General Ban Ki-moon reported that of approximately 18,000
inmates throughout the country, at least 70 percent were pretrial
detainees. In July Bandundu civil society leaders reported that inmates
at Bulungu prison spent two to three years on average in detention
before being tried. Trial delays were due to factors such as judicial
inefficiency, corruption, financial constraints, and staff shortages.
Prison officials often held individuals after their sentences had
expired due to disorganization, judicial inefficiency, or corruption.
Prison records remained grossly inadequate, and authorities kept
individuals in prison even after their sentences had been served.
e. Denial of Fair Public Trial.--The law provides for an
independent judiciary; however, the judiciary was inefficient, corrupt,
and subject to influence. Judges, who were poorly compensated, remained
subject to influence and coercion by officials and other influential
individuals.
Following his October 2009 assessment of the country, UNSRESAE
Alston concluded that ``across the country, endemic corruption and
political interference ensure that anyone with money or connections can
escape investigation, prosecution, and judgment. Judges' appointments,
removals, and promotions are subjected to frequent political
interference.''
On January 21, Front for Patriotic Resistance in Ituri (FRPI)
leader Bernard Kakado, 86, appeared for the first time at the Bunia
military court after a length of two years and five months in custody.
Kakado was being prosecuted by 23 victims for killings, rapes and
lootings perpetrated from 2006 through 2007.
In a March 2009 report to the UNHRC, the UN special rapporteur on
the independence of judges and lawyers and six other UN special
rapporteurs and representatives collectively underscored that
``political interference at all stages of the criminal process is very
common.'' The report cited ``numerous incidents, especially in the
east,'' in which military and civilian judges and prosecutors were
threatened and attacked by FARDC soldiers or members of nongovernmental
armed entities ``to intimidate them, disrupt criminal proceedings, and
ensure impunity.'' It also noted that ``extremely low salaries'' in the
justice, law enforcement, and penitentiary sectors facilitated
corruption at all levels.
Judicial corruption remained pervasive, particularly among
magistrates. The judicial system was funded with less than 1 percent of
the national budget and was poorly staffed, with a very limited
presence outside of Kinshasa. A study by an international NGO concerned
with justice reform identified a variety of challenges that continued
to hinder the planning and execution of the judicial branch budget,
including declining annual budgets allocated to the judicial branch;
failure to pay salaries of court personnel on a regular basis; failure
to allocate costs for court operations; and the lack of transparency in
the use of funds allocated to the judiciary.
There were fewer than 1,500 magistrates (judges who serve in the
lowest level courts) serving the entire population (one magistrate for
every 45,000 citizens), and two-thirds of them were located in
Kinshasa, Matadi (Bas-Congo), and Lubumbashi (Katanga). There were
fewer than 200 courts, of which approximately 50 were functioning
during the year.
According to the UNJHRO, despite some convictions of members of the
FARDC during the year, law enforcement personnel and magistrates
continued to treat rape and sexual violence in general with a marked
lack of seriousness. Consequently, men accused of rape were often
granted bail or given relatively light sentences, and out-of-court
settlements of sexual violence cases remained widespread. However,
during the year the Government cooperated with the UN and donor nations
to train civil and military judges in methods to effectively adjudicate
rape cases.
The civilian judicial system failed to dispense justice
consistently and was widely disparaged by the international community
and citizens as ineffective and corrupt.
The constitution provided for new judicial institutions and laid
the foundation for an independent judiciary by removing previous
presidential powers to appoint and remove magistrates. The constitution
divided the Supreme Court's functions into a Constitutional Court,
Appeals Court, the Administrative Oversight Agency and the High Council
of Magistrates (CSM), the country's supreme judicial oversight body,
which is charged with disciplining judges and prosecutors and
protecting the judiciary from executive intimidation and manipulation.
However, by the end of 2009, the CSM was not fully operational, and no
legislation had been promulgated to establish the Constitutional Court,
the Appeals Court, or the Administrative Oversight Agency. In the
absence of the judicial institutions provided for by the 2006
constitution, the existing structures--including the Supreme Court,
Appeals Court, Superior Court (Tribunal de Grande Instance), and the
misdemeanor courts known as Tribunaux de Paix--continued operating.
While the new structures provided for in the constitution were
designed in part to increase access to justice, the Government still
had not implemented structures that were introduced by laws promulgated
decades ago. For example, the 1982 law establishing the Tribunaux de
Paix, which handle cases involving crimes punishable by less than five
years' imprisonment, provides for one tribunal in each town and rural
zone. According to an August 2009 report by the International Bar
Association's Human Rights Institute (IBAHRI) and International Legal
Assistance Consortium (ILAC), if this law were carried out, there
should be 180 of these tribunals; however, only 58 were in place, and
only 45 were functioning.
During the year the Government continued a process begun in October
2009 to recruit and hire 1,000 new magistrates, including approximately
100 female judges, to help address the problems of unfair trials and
lack of access to justice. By year's end, the deployment of the
magistrates to the provincial courts had not been undertaken, and the
Government had not budgeted to deploy the judges.
Military courts, which had broad discretion in sentencing and
provided no appeal to civilian courts, continued to try military as
well as civilian defendants during the year. Some areas of the country,
particularly the east, continued to be served only by military justice,
due to the absence of any operational civilian justice component.
Although the constitution limits jurisdiction of military courts to
members of the FARDC and PNC, at year's end, the military judicial code
and the military penal code of 2002 had not been harmonized with the
constitution. In August 2009, the minister of justice initiated a
reform process that aimed in part to harmonize military justice with
the constitution; however, the military code of justice, in place prior
to the adoption of the present constitution, continued in force during
the year. It prescribed trial by military courts of all cases involving
state security, including offenses related to military personnel, and
``weapons of war'' (firearms), whether the defendants were members of
the military or civilians.
In 2007 the UN's resident expert on human rights recommended that
the Government establish a clearer separation between civilian and
military jurisdictions; however, no action was taken by parliament
during the year to address this recommendation.
In December 2009 the UN secretary-general reported to the UN
Security Council about ``extraordinary'' military justice mechanisms
established in the Kivus, including the Operational Military Court (see
section 1.d.). He expressed concern that, ``while contributing to
discipline within the FARDC, there continued to be serious doubts
regarding the legal basis of the mechanisms and their respect of fair
trial standards, particularly since they do not contemplate a right of
appeal.'' In addition, in its report to the UPRWG, a coalition of
international NGOs criticized the newly created Operational Military
Court for disrespecting basic due process rules. Of particular concern
was the lack of an appeals process. However, on February 13, the
Operational Military Court in North Kivu sentenced five FARDC soldiers
to death for murder, one soldier to 20 years of imprisonment for rape,
and two soldiers to five years of imprisonment for arbitrary arrest.
The law requires that a defendant can be tried only by a judge in
the military justice system who is of equal or higher rank than the
accused. In practice, this provision continued to provide senior
military suspects with protection from prosecution.
According to the August 2009 report by the IBAHRI and ILAC, there
were two main reasons why the executive branch and military command
``continue to violate the independence of military judges'' and
prosecutors:
First, alliances between government forces and various rebel groups
continued to foster loyalties that have prompted government officials
to try to prevent the prosecution of some of the leaders and members of
these armed entities. For example, according to IBAHRI and ILAC, in a
letter from the minister of justice obtained by NGOs, the minister
``ordered that no action be taken against members of [the CNDP], and
that ongoing proceedings were to be discontinued.'' The date of the
letter, February 9, 2009, was shortly before the March 2009 peace
agreement in which the CNDP formally agreed to cease hostilities
against--and integrate into--the FARDC and assist in operations against
the FDLR.Second, military police and military prosecutors remained
dependent on the military chain of command for logistical and
administrative requirements, and military judges and prosecutors were
sometimes beaten or even tortured for having acted against members of
the FARDC without prior authorization from the commander.According to
the UNJHRO, high-ranking military officers continued to adjudicate
cases in which their own soldiers were implicated. Their alleged
interference resulted in several out-of-court settlements regarding
rape cases. However, there were some encouraging prosecutions during
the year. For example, on July 22, the military tribunal in Goma
condemned Lieutenant Bahati, Warrant Officer Kambere, Sergeant-Major
Bandoa, and Balume to 20 years in prison for rape and armed robbery.
In their March 2009 report to the UNHRC, seven UN special
rapporteurs and representatives underscored the need for the Government
to increase the justice portion of the national budget ``to an
acceptable level comparable with other countries (2-6 percent).''
During the year the Government increased the justice portion of the
national budget to 0.1 percent. Emphasizing the importance of expanding
the justice system in rural territories, the report underscored the
lack of mobile courts and the need for increased or ``hardship'' pay to
induce qualified judicial personnel to serve in conflict posts.
None of the courts or offices surveyed by an international NGO in
four provinces (Katanga, Maniema, Bandundu, and South Kivu) had
received operational or capital improvement funding from the central
government in at least 10 years, forcing courts to rely on extralegal
fees to pay for basic supplies and remuneration of ``volunteer
clerks,'' who were used by court offices to fill gaps when civil
service employees retired and were not replaced. A significant source
of case management delay was the inability of courts to cover the costs
of serving documents and other costs of litigation, including, for
example, costs of transport for witnesses and victims in initial stages
of prosecution. While there was some limited donor support for capital
improvement and more limited support for operational costs, it was not
enough to have an appreciable effect on courts' ability to function as
viable institutions.
In their March 2009 report to the UNHRC, seven UN special
rapporteurs and representatives highlighted the need for transitional
justice and truth-seeking initiatives, and recommended establishing
mixed courts comprising national and international judges and sitting
in national courts. While no mixed courts were established during the
year, on October 1 the UNOHCHR published a human rights mapping report,
which was endorsed by the Government and catalogued the most serious
violations of human rights and international humanitarian law committed
in the country between March 1993 and June 2003. The Government called
the UNOHCHR Human Rights Mapping report ``credible'' and, while not
supportive of the recommendation to re-establish the country's
dilapidated National Truth and Reconciliation Commission, expressed
support for the concept of establishing a mixed domestic chambers to
address the most serious crimes highlighted by the UNOHCHR's mapping
report. The Ministry of Justice sponsored a two-day workshop to draft
legislation related to the mixed chambers on November 29 and 30.
Trial Procedures.--The constitution provides for a presumption of
innocence; however, in practice most detainees were treated as already
having been convicted. Although the Government permitted, and in some
cases provided, legal counsel, lawyers often did not have free access
to defendants. The public could attend trials only at the discretion of
the presiding judge. Juries are not used. During trials defendants have
the right to be present and to be provided a defense attorney. However,
in practice these rights were not always respected. Defendants have the
right to appeal in most cases except those involving national security,
armed robbery, and smuggling, which the Court of State Security
generally adjudicated. Defendants have the right to confront and
question witnesses against them and can present evidence and witnesses
in their own defense. The law requires that defendants have access to
government-held evidence, but this right was not always observed in
practice. There were no reports of women or specific ethnic groups
being systematically denied these rights.
Political Prisoners and Detainees.--There were reports of political
prisoners and detainees. In 2009 the UNJHRO estimated that there were
at least 200 political prisoners in detention at the end of the year.
The Government permitted access to some political prisoners by
international human rights organizations and MONUC; however,
authorities consistently denied access to detention facilities run by
the GR and the ANR (see section 1.c.).
Civil Judicial Procedures and Remedies.--Civil courts exist for
lawsuits and other disputes, but the public widely viewed them as
corrupt. The party willing to pay the higher bribe was generally
believed to receive decisions in its favor. Most individuals could not
afford the often prohibitive fees associated with filing a civil case.
While the law stipulates access to free legal counsel for citizens in
civil trials, in practice magistrates remained overburdened by large
caseloads in areas outside of Kinshasa. It was difficult to retain the
continued services of lawyers, who often spent minimal time outside of
the capital. No civil court exists specifically to address human rights
violations.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The law prohibits arbitrary interference with privacy,
family, home, or correspondence; however, state security forces
routinely ignored these provisions. Soldiers, demobilized soldiers,
deserters, and police continued to harass and rob civilians. State
security forces routinely ignored legal requirements and entered and
searched homes or vehicles without warrants. In general those
responsible for such acts remained unidentified and unpunished. State
security forces sometimes looted homes, businesses, and schools.
Authorities took no action in the cases detailed in this subsection
in 2009 or 2008.
Authorities at times arrested or beat a relative or associate of a
person they sought to arrest (see section 1.c.).
Armed entities operating outside government control in the east
routinely subjected civilians to arbitrary interference with privacy,
family, home, and correspondence, and some corporations facilitated
such abuses by supporting--through the illicit trade in mineral
resources--armed entities, including FARDC units (see section 1.g.).
g. Use of Excessive Force and Other Abuses in Internal Conflicts.--
Internal conflict continued in rural and mineral-rich parts of the
east, particularly in North Kivu and South Kivu, Bas Uele and Haut Uele
Districts of Orientale, and to a lesser degree, the Ituri District of
Orientale. According to a countrywide International Rescue Committee
mortality survey released in 2008, conflict and related humanitarian
crises, including the destruction and deterioration of essential
infrastructure such as health centers, resulted in the deaths of an
estimated 5.4 million Congolese between 1998 and 2007, or the
equivalent of 45,000 per month throughout the survey period.
Despite the integration of former CNDP rebels into the FARDC in
2009, the FDLR, LRA, and some Mai-Mai groups increasingly formed
coalitions during the year and continued to battle government forces
and attack civilian populations. Military preparations during the year,
and the fighting itself, led to further depredations against civilians
by members of state security forces and armed entities. This
continuation of fighting in the east, which impeded humanitarian aid in
some areas kept the figure of internally displaced persons at
approximately 1.7 million by the end of the year, exacerbating an
already severe humanitarian crisis.
The UN peacekeeping mission, MONUC, continued to maintain several
thousand soldiers and civilian personnel in the country to assist the
Government in establishing and maintaining peace and security,
particularly in the east. In May the UN Security Council extended
MONUC's mandate for 12 months, changing the name from MONUC to MONUSCO
(UN Organization Stabilization Mission in the Congo), with an emphasis
on the eastern part of the DRC and retaining protection of civilians as
the Mission's top priority, and authorizing a drawdown of 2,000
peacekeeping soldiers troops by June 30 from areas where the security
situation permits. At the end of the year, approximately 19,000 MONUSCO
peacekeepers, military observers, and police continued efforts to
effectively implement the mission's mandate, most notably with regard
to its top priority of protecting civilians.
Despite the presence of MONUSCO, armed entities, including ex-CNDP
FARDC units in the east, continued to kill, abduct, torture, and rape
civilians and burn and destroy villages.
All parties continued to use mass rape and sexual violence with
impunity, often as weapons of conflict, and to humiliate and punish
individuals, victims, families, and communities. The UN Population Fund
(UNFPA) reported 12,838 cases of sexual violence for both adults and
children in North and South Kivu and Province Orientale in 2009.
According to HRW, between January 2009 and September 2009, the total
number of sexual violence cases registered at health centers in North
and South Kivu exceeded 7,500, a near doubling of the total for the
same period in 2008. In 2009 the International Rescue Committee, which
registered approximately 1,200 cases of rape in South Kivu, found that
up to 80 percent of survivors identified their assailants as members of
either the FARDC or RMGs. While the actual number of cases was likely
much higher, lack of data, social stigma, lack of confidence in the
judiciary, and fear of reprisals prevented many rape survivors from
coming forward.
According to MONUSCO, between July 30 and August 2, 303 women,
children, and men were raped in 13 villages in Walikale, North Kivu by
a coalition of the FDLR, Mai Mai Cheka, and combatants lead by Colonel
Emmanuel Nsengiyumva, a former member of the CNDP and the FARDC. The
perpetrators also looted more than 1,000 homes and abducted 116
civilians, whom they subjected to forced labor. The UN reported that
from late July to early August, rebel groups raped an additional 260
individuals in several isolated incidents in South Kivu. According to
the UN, one of the villages attacked, Luvungi, where more than 100
persons were raped, was a lucrative target for looting because it was a
mining hub located only four miles from gold mines. A UN investigation
in August found that the perpetrators ``sought to block off the
transport of minerals to Goma and Bukavu, as well as force the return
of FARDC troops from the mining areas.''
In addition, the UNGOE's November report underscored another link
between the rapes and exploitation of minerals. In the weeks prior to
the rapes, criminal elements of the FARDC, including the 212th FARDC
Brigade, were competing for control of lucrative deployments near
mines, including Bisie mine. The competition for minerals within the
FARDC and a false belief that the FDLR posed no threat in the area led
the commander of the 212th Brigade, ex-CNDP FARDC Lieutenant Colonel
Yusef Mboneza, to disobey orders to move to the area where the armed
entities were located and where the rapes later took place. The
insubordination and competing parallel chains of command occurred at
the expense of civilian protection and underscored the need for more
effective integration of the ex-CNDP FARDC elements and other former
RMGs into the FARDC.
According to the UNGOE, on August 12, authorities arrested Colonel
Mboneza for insubordination related to his failure to follow orders to
combat Mai-Mai Sheka, an armed entity active in Walikale Territory,
North Kivu, and the FDLR. According to the UNGOE's report of November,
FARDC General Ntaganda, a former CNDP rebel, subsequently sent more
than 100 soldiers to kidnap Mboneza's rival commanding officer, and
then overran the Military Prosecutor's Office and forced the release of
Colonel Mboneza. By year's end, authorities had not taken any
disciplinary action against Colonel Mboneza.
Between September 1 and 18, MONUSCO conducted Operation Shop Window
to improve the protection of local populations in Walikale and support
government efforts to capture the perpetrators of the attacks from late
July to early August. The operation resulted in the surrender of 27
Mai-Mai elements and the arrest of three Mai-Mai elements and one FDLR
element. On October 5, following a joint MONUSCO-FARDC operation,
authorities incarcerated ``Lieutenant Colonel'' Mayele, the ``chief of
staff'' of the Mai-Mai Cheka group, who was alleged to have coordinated
the attacks in Walikale Territory from July 30 to August 2, along with
FDLR elements led by ``Colonel'' Serafim.
In October, while discussing the rapes committed in July and August
in Walikale Territory, UN Special Represenative on Sexual Violence
Margot Wallstrom told the UN Security Council that the rapes
``demonstrate a nexus between the illicit exploitation of natural
resources by armed elements and patterns of sexual violence.'' She
underscored the competition over mining interests in the east ``as one
of the root causes of conflict and sexual violence.''
Rapes committed against a single woman by large numbers of armed
men sometimes resulted in vaginal fistulas, a rupture of vaginal tissue
that left survivors unable to control bodily functions and likely to be
ostracized.
During the year the incidents of men being raped continued as a
result of the violence between nongovernmental armed entities and the
FARDC. The number of male rape cases may have numbered in the hundreds
during the year, but statistics for male rape were even more difficult
to compile than those for female rape, as social stigma prevented many
male survivors from coming forward. According to the American Bar
Association, which ran a legal aid clinic in North Kivu for survivors
of sexual violence, 10 percent of its cases during June 2009 were men.
NGOs and medical workers reported that the humiliation was often so
severe that male rape survivors came forward only if they had urgent
health problems, and according to HRW, two men whose penises were
cinched with rope died a few days later because they were too
embarrassed to seek help.
The recruitment and use of children by all armed entities active in
North and South Kivu and Orientale, including the FARDC (particularly
ex-CNDP elements), continued. HRW reported that of approximately 1,000
documented males recruited between September and December in the east,
at least 261 were under the age of 18. In July the UN secretary-general
reported that joint military operations against the FDLR and the LRA
had put children at high risk and made them more vulnerable to
recruitment and use as soldiers, sexual slaves, porters or other
domestic workers. According to the UNGOE report released in November,
during 2009 a significant number of children who had previously been
recruited into RMGs were brought into the new FARDC structures during
the integration process.
According to a UN Children's Fund (UNICEF) estimate in late March
2009, 8,000 children had yet to be demobilized from the ranks of RMGs
and several units of government security forces in the east, where they
served as combatants, porters, spies, and sex slaves. The estimate
represented an increase of 4,500 children, compared with the UNICEF
estimate for 2008; however, it was very difficult to verify actual
numbers, as estimates were provided based on the numbers of children
who had been demobilized, not counted within the ranks.
From January to September, MONUC/MONUSCO facilitated the release of
1,559 children from the FARDC and RMGs. Between October 2008 and
December 2009, the Resolution 1612 Joint Action Committee reported that
3,180 children, overwhelmingly male, were released from RMGs and the
FARDC.
The Resolution 1612 Country Task Force is pursuing advocacy with
the Government to commit to, negotiate, and implement an action plan to
end the recruitment and use of children by the FARDC, as requested by
UN Security Council resolutions 1539, 1612, and 1882. The action plan
would facilitate, among other things, the commitment of the Government
and the FARDC to release all children remaining within the FARDC's
ranks and put an end to the recruitment and use of children, mainly
through military orders and measures to clearly prohibit the practice,
as well as through systematic investigation of perpetrators of child
rights violations.
Fighting between the FARDC and nongovernmental armed entities
continued to displace populations and limit humanitarian access to
conflict areas. According to the UN Office for the Coordination of
Humanitarian Affairs (OCHA), between January and June there were 105
attacks on humanitarian agencies working in the country, which
represented a significant increase, compared with the 84 attacks
between January and October of 2009, and the 36 attacks during the
first 10 months of 2008.
In North and South Kivu, the illegal exploitation and trade of
natural resources by armed actors, including criminal elements of the
FARDC, continued to prolong the conflict, facilitate the purchase of
small arms to commit abuses, and reduce government revenues needed for
increasing security and rebuilding the country. Generating direct and
indirect financing for armed actors and conflict, the exploitation of
natural resources continued to include minerals such as cassiterite (a
tin oxide), the rare mineral tantalum, and wolframite, all of which are
key components in electronic products, as well as gold, timber,
charcoal, fishing, and land.
The illegal trade in minerals continued to be both a symptom and a
cause of the conflict in the Kivu provinces. While FARDC military
operations during the year and in 2009 drove many RMGs, such as the
FDLR, out of the principal mining areas in the Kivus, the RMGs
continued to control hundreds of more remote mining deposits,
increasingly pillaged mineral traders and transporters, and employed
intermediaries to purchase minerals in mines they could no longer
access. Ex-CNDP FARDC elements remained loyal to and in some cases
shared mining profits with General Ntaganda--who remained the subject
of an outstanding ICC arrest warrant--as they continued to gain control
over large areas rich in natural resources in North and South Kivu
provinces, including Walikale Territory, the part of North Kivu that is
richest in cassiterite.
The law specifically prohibits the involvement of the FARDC in
mining and the mineral trade; the law also prohibits nonstate armed
actors from engaging in mining. However, the Government did not
effectively enforce the law. According to the UNGOE, ``in the Kivu
provinces, it appears, almost every mining deposit is controlled by an
armed group. The armed groups include regular FARDC units.''
Criminal involvement by some FARDC units--as well as by RMGs--
ranged from protection rackets (including protection fees paid by
mining pit managers to avoid pillage or to facilitate smuggling) to
indirect commercial control (including the use of illegal tax revenues
to buy and sell minerals near mining sites), and direct coercive
control (including pillage). In addition, FARDC units and RMGs
routinely forced civilians to work for them or relinquish their mineral
production and extorted illegal ``taxes.''
Some observers expressed concern over the Government's decision in
September to suspend indefinitely all mining activities in three
eastern provinces. There were reports that, following the suspension,
the military's control of the mines intensified and that some FARDC
elements increased their use of forced labor in the mines since mine
activity had dropped following the suspension.
In a December report, Global Witness drew on data it had collected
earlier in the year to estimate that military units and officials were
receiving between $1.1 and $2.2 million a month from the Bisie mine in
North Kivu, or $14.4 million and $28.8 million a year. Global Witness
also estimated that illegal taxes on diggers outside the mineshafts in
Bisie earned the FARDC officials and soldiers between $45,600 and
$90,000 per month, and that they earned between $3,300 and $16,800 a
month in illegal taxes on porters traveling to Bisie.
On November 29, UN Security Council Resolution 1952 endorsed the
UNGOE's recommendations for supply chain due diligence developed for
importers, processing industries, and consumers of Congolese mineral
products to ensure that companies do not exacerbate the conflict by
``providing direct or indirect support to illegal armed groups. those
found to violate the asset freeze and travel ban on sanctioned
individuals and entities.or criminal networks and perpetrators of
serious violations of international humanitarian law and human rights
abuses, including those within the national armed forces.''
The UNGOE's reporting in 2010 presented information indicating that
Etablissement Namukaya, a gold exporting company based in the Kivu
provinces, purchased gold from traders who were linked to armed
entities in eastern DRC, bought gold from a mine that provided visiting
FARDC officers gold, and worked with members of the FDLR in an attempt
to sell material that they claimed was uranium. The report also
presented information indicating that Geminaco, a mining company with
offices in Goma, North Kivu, gained control of the gold mine at Omate
in Walikale with the support of FARDC General Amisi Kumba (the
commander of FARDC land forces), General Mayala, and Colonel Mboneza.
According to UNGOE reporting, Geminaco sought agreements with elements
of the FARDC and the Mai-Mai Sheka to ensure that Geminaco could
continue its operations at Omate.
The November 2009 UNGOE report presented information indicating
that the following Kivus-based exporters regularly purchased minerals
from FDLR-controlled mines in eastern DRC: MDM, Etablissement Muyeye,
Panju; Huaying Trading Company (HTC), and Clepad.
The November 2009 UNGOE report also presented information
indicating that World Mining Company (WMC), based in the Kivu
provinces, received shipments of cassiterite from a mining zone where
production was controlled by DRC Armed Forces soldiers under the
command of Lieutenant Colonel Zimurinda. The same report also indicated
that the DRC-based company Hill Side's cassiterite supply chains
originated from conflict-affected areas of North Kivu, including near
the Bisie mine of Walikale Territory. Dissident elements of the DRC's
state security forces controlled significant mining interests in this
area. According to information presented by the UNGOE in 2009 and 2010,
the dissident state security elements that controlled the Bisie mine
and other mines in Walikale unlawfully used and recruited child
soldiers, deliberately and regularly prevented UN peacekeepers from
repatriating foreign combatants, regularly engaged in the extortion of
miners and other local residents and were loyal to and engaged in
mining activities, some of which were financed by General Bosco
Ntaganda.
In addition, the same report presented information indicating that
the supply chains of the following corporations, all based outside of
the DRC, included one or more of the nine DRC-based companies mentioned
above, and originated from areas in which mines were controlled by
armed entities, such as the FDLR, which perpetrated serious human
rights abuses in the eastern DRC during the year: Malaysian Smelting
Corporation (based in Malaysia), African Ventures Ltd. (based in Hong
Kong); Refractory Metals and Mining Company Ltd. (based in Hong Kong);
Thailand Smelting and Refining Company (based in Thailand); Amalgamated
Metals Corporation (based in the United Kingdom) Afrimex (based in the
United Kingdom); Minerals Supply Africa (based in Rwanda); Cronimet
Central Africa AG (based in Switzerland); Cronimet Mining GmbH (based
in Germany); Trademet (based in Belgium); and Traxys (based in
Belgium).
In addition, according to the UNGOE interim report of May 2010,
``in the Kivu provinces, it appears, almost every mining deposit is
controlled by an armed group.'' In December 2010, an international NGO,
Global Witness, published a report examining measures it deemed
necessary to ``end the conflict minerals trade'' in eastern DRC.
According to the report, the export records of the DRC government's
Division of Mines showed that two Chinese companies and one Hong Kong
company purchased 100 percent of the 41.4 tons of columbite-tantalite
(or ``coltan''), a metallic ore which--when refined--yields tantalum,
exported from conflict-affected North Kivu Province in May 2010.
According to Global Witness, the three companies were Fogang Jiata
Metals, which was the top importer of coltan from the Kivu provinces in
2009 according to DRC government statistics, Star 2000 Services, and
Hong Kong-based Unilink Trading Hong Kong. In addition, Global Witness
identified Chinese state-owned company CNMC Ningxia Orient Nonferrous
Metal Group as one of the top three tantalum smelting and producing
companies in the world and reported that the company declined to
identify for Global Witness the origin of the tantalum ore that it
used.
At times verification of reported abuses in the east was difficult
due to geographical remoteness and hazardous security conditions;
however, MONUSCO's presence allowed observers to gather more
information than would have otherwise been possible.
Abuses by State Security Forces.--State security forces arrested,
illegally detained, raped, tortured, and summarily executed or
otherwise killed civilians and looted villages during military actions
against nongovernmental armed entities during the year, according to
reports by UN agencies and NGOs. Impunity remained a severe problem,
and several individuals in the state security forces continued to hold
high positions despite credible evidence of their involvement in
serious human rights abuses or despite failing to hold their
subordinates accountable for committing serious abuses (see section
1.d.).
Taking advantage of parallel command structures, ex-CNDP FARDC
units in the east controlled their own stockpile of weapons and
resisted central government orders to deploy outside of the mineral-
rich east. In addition, some ex-CNDP elements collaborated with RMGs
who were officially their enemies, according to the UNGOE.
Of 3,723 ``incidents'' reported in the first six months of the year
by UNHCR in North Kivu, 1,302 (35 percent) were caused by the FARDC,
compared with 698 (19 percent) by the FDLR.
During the Amani Leo Operation, and at the request of the FARDC,
MONUSCO conducted human rights screening to remove human rights abusers
from the operation, on a small number of battalions in North Kivu
(approximately 1,500 soldiers), who were tasked with holding areas from
which the FDLR and residual RMGs had been dislodged in the context of
Operation Amani Leo. However, nonvetted battalions did not receive
MONUSCO support. The majority of operations conducted in Amani Leo
throughout the year were undertaken by the FARDC without support from
MONUSCO. As FARDC soldiers spread throughout the Kivus for operations
that did not receive MONUSCO support, reports of violations increased.
For example, on February 2, members of the 3221st Battalion killed
the head of an elementary school and his son in Mwenga, South Kivu,
because of suspicions of collaboration with the FDLR. By year's end
there were no reports of an investigation or judicial proceedings.
According to the UNJHRO, on February 21, FARDC soldiers of the
512th Brigade attacked a truck rented by an international NGO killing
one civilian in Shabunda, South Kivu. By year's end there were no
reports of an investigation or judicial proceedings.
In April FARDC troops engaged in operations against Enyele
insurgents who attacked Mbandaka, Equateur Province, and temporarily
took control of the airport. Refugees and IDPs who fled violence that
began in 2009 have been reluctant to return due to the presence of
FARDC troops. According to the UNJHRO, during operations to restore
order in Equateur FARDC soldiers detained at least 20 persons suspected
of involvement in the Enyele insurgency at the 3rd Military Region and
subsequently executed them. In addition, FARDC and/or PNC agents were
involved in 12 cases of rape during the same time period. Four of these
cases were being investigated by authorities. No other details were
available at year's end.
On September 17, the FARDC launched operations in the Walikale area
of North Kivu, without MONUSCO support, to clear the area of FDLR and
other armed entities and to enforce the mining ban enacted by President
Kabila. The UNJHRO reported that on September 21 and 22, the 221st
Brigade engaged in looting, beating and raping of civilians near Kibua
for their alleged collaboration with FDLR and APCLS forces.
By the beginning of the year, UN and FARDC officials stated that
the newly integrated FARDC units in Orientale, composed of
approximately 6,000 soldiers, had become a major security threat during
Rudi II military operations against the LRA in Haut and Bas Uele,
Orientale. According to the UNGOE report of November, ``most troops
have not been rotated in over a year and allegations of human right
abuses continued to be reported.''
Neither Congolese nor Rwandan authorities took any steps to
investigate or prosecute any members of the FARDC or the Rwandan
Defense Forces allegedly involved in the killing of 201 civilians and
other abuses in North Kivu during the joint DRC-Rwanda military
operations (Umoja Wetu) against the FDLR in January and February 2009.
Congolese authorities took no steps to investigate the killing of
more than 500 civilians and other abuses, such as the sexual
enslavement of refugees, in North Kivu during FARDC-only operations
against the FDLR during 2009, including the killing of at least 50 Hutu
Rwandan refugees in April 2009 by predominantly ex-CNDP FARDC soldiers
under the command of Lieutenant Colonel Innocent Zimurinda in Shalio,
North Kivu.
There were no known reports that authorities were taking steps to
investigate or prosecute the commander or members of the FARDC's 213th
Brigade implicated in the killing of at least 62 civilians between May
and September 2009, during its participation in Kimia II, in the
Lukweti area near Nyabiondo, North Kivu. Investigations by human rights
organizations indicated as many as 270 may have been killed during this
period. MONUC ceased all support for this brigade in late 2009.
Authorities took no steps to investigate or prosecute those
responsible for killing an employee of Secours Catholique-Caritas, an
international human rights and humanitarian organization, in Musezero,
North Kivu, in July 2009. According to the NGO, villagers reported
seeing two men in FARDC uniforms stop the employee before shooting him.
Congolese authorities also took no steps to investigate the killing
of at least 19 civilians in December 2009 in Masisi Territory, North
Kivu, during fighting between FARDC soldiers.
Military authorities took no action against any of the following
FARDC elements accused of killings: members of the FARDC 13th
Integrated Brigade reportedly responsible for the disappearance of at
least six civilians and the arbitrary execution of at least one
civilian during 2008 in Kamatsi, Orientale; or members of the FARDC 2nd
Integrated Brigade who allegedly killed eight civilians in 2008 in
Musezero, North Kivu.
No further information was available regarding the 2008 arrest of
24 FARDC soldiers accused of allegedly committing serious abuses
against the local populations, including the killing of nine civilians,
the rape of three girls, and the pillaging of numerous homes, stores,
and restaurants.
The FARDC also continued to physically abuse and arbitrarily arrest
civilians in the east.
FARDC soldiers engaged in anti-FDLR operations often arbitrarily
arrested civilians whom they suspected of being collaborators or
sympathizers of the FDLR and detained them without charge for days or
weeks, often beating them and demanding payment for their release. HRW
documented more than 160 such cases between January and September 2009
in the Kivus; however, there were no reports of authorities taking
disciplinary action against those soldiers responsible for the
arbitrary arrests.
There were no reports of authorities investigating FARDC soldiers
deployed to Kanyola, South Kivu, who allegedly forced civilians from
Walungu village, South Kivu, to carry their belongings on the road from
Nkokwe to Hombo. The soldiers beat the men each time they tried to
rest, and two civilians died of exhaustion and mistreatment.
Authorities took no action against FARDC elements accused of gang-
raping nine women and committing other abuses in 2008 after reportedly
deserting their units in Orientale.
Rape by members of state security forces remained a serious
problem, and perpetrators enjoyed almost total impunity. According to a
December 2009 report by HRW, in North Kivu, in 349 of the 639 sexual
violence cases documented by HRW, the victim or other witnesses clearly
identified the perpetrators as government soldiers.
On or around June 6, four FARDC soldiers allegedly raped 10 girls
at Mahagi market. Two of the girls were hospitalized and a doctor
confirmed the rapes, according to MONUSCO.
On June 16, a FARDC lieutenant in Kisangani attempted to kidnap and
rape a four-year-old girl. Authorities arrested him on June 17 and held
him in the 9th Region's headquarters until his eventual court martial
and incarceration.
Authorities took no action to bring to justice ex-CNDP FARDC
soldiers who violently raped and beat a rape counselor in January 2009
in South Kivu after accusing her of denouncing them and reporting on
the rapes.
No additional information was available regarding a FARDC soldier
from the 17th Integrated Brigade who raped a 10-year-old boy in
Walungu, South Kivu, in March 2009. The soldier's commander
subsequently arrested him and transferred him to the military
prosecutor's office in Bukavu, where he remained in detention pending
the outcome of an investigation.
Authorities took no action against FARDC soldiers in Nyamilima,
North Kivu, who allegedly raped eight women and five minors in June
2009 during a riot protesting a delay in the payment of their salary.
There were no reports of authorities taking action against soldiers
of the FARDC 7th and 15th integrated brigades, who raped at least 10
women while retreating amid combat operations in the Rutshuru Territory
villages of Kibirizi and Nyanzale in North Kivu between September and
December 2009.
There were no reports of authorities taking action against FARDC
soldiers from the 131st Battalion of the 13th Integrated Brigade who
raped seven women in the village of Lubero Territory, North Kivu, in
2009.
Authorities took no action against a FARDC soldier of the 14th
Integrated Brigade, who in 2008 arrested and raped a woman suspected of
collaborating with the FDLR.
The use and treatment of child soldiers by FARDC elements--
particularly fast-track integrated brigades composed mainly of ex-CNDP
members--remained a problem. In December the UNGOE reported to the UN
Security Council that during 2009 the MONUC Child Protection Section
documented 686 cases of child recruitment attributable to the FARDC,
compared with 631 children released by the FARDC during the same time.
The FARDC showed what the UN secretary-general called ``a dramatic
increase'' in the number of children within its ranks in 2009.
According to the UN secretary-general's report of July, following the
fast-track integration of former rebels and militia members in 2009,
which brought many child soldiers from RMGs into the ranks of the
FARDC, ``the FARDC not only accounted for the highest number of
children recruited during October 2008 through December 2009 but was
also the only armed entity for which an increase in child recruitment
was documented. By contrast, all the other groups showed a downward
trend in child recruitment, with the transfer of their children to the
FARDC.''
In December the UNGOE underscored concerns that UN child protection
officers had been denied access to physically screen nearly two thirds
of the FARDC combatants in military operations supported by the UN to
ensure children were not involved. The UNGOE reported that ``since the
outset of the Amani Leo operations, only one FARDC battalion has been
fully screened by the MONUSCO Child Protection Section.'' The UNGOE
added that, while some FARDC commanders have cooperated in efforts to
separate children from FARDC units, others have hidden children or
continued to recruit children, including some of those who had
previously been separated. In 2009 the UNGOE expressed concern that ex-
CNDP officers in FARDC units in the east ``repeatedly and deliberately
obstructed MONUC from repatriating foreign fighters from their ranks.''
Sometimes the obstruction involved death threats. During the year and
in 2009, the UNGOE reported that the acts of obstruction occurred often
under the command of certain colonels and lieutenant colonels,
including Colonel Gwigwi Busogi, Colonel Baudouin Ngaruye, Lieutenant
Colonel Antoine Manzi, Lieutenant Colonel Bisamaza, Salumu Mulenda, and
Colonel Innocent Zimurinda, who was sanctioned by the UN Security
Council in December for recruitment and use of child soldiers and other
grave abuses against children. Gwigwi, along with his commanders,
systematically hid children from child protection officers and
otherwise obstructed their efforts, according to witnesses. Between May
and August, MONUSCO documented a further 15 cases of children who had
been used as soldiers by senior officers under Gwigwi's command. Gwigwi
commanded the 24th Sector of the FARDC in Kalehe, South Kivu, for most
of the year but was redeployed as deputy commander of the 4th
operational zone in Uvira.
UNICEF expressed concern about frequent reports of the prolonged
detention of children at detention centers following their separation
from armed entities. The group noted that children were often subjected
to interrogation and inhumane treatment.
Government security forces in the east continued to force men,
women, and children, including IDPs, to serve as porters, mine workers,
and domestic laborers. For example, the UNJHRO reported that on May 21,
a FARDC soldier in South Kivu allegedly shot a woman who refused to
transport military goods.
During the year mining operations at Bisie mine in North Kivu
reportedly supported arms transfers by FARDC elements that benefited
nongovernmental armed actors; there were also reports that the FARDC
mining operations benefited an ICC-indicted FARDC general. According to
the UNGOE's November report, ex-CNDP FARDC elements of the 212th
Brigade, who were led by Lieutenant Colonel Yusef Mboneza and his
deputy Colonel Hassani continued to maintain a presence at the Bisie
mine and maintain their own illegal tax regime, which they used to
extort one kilo of cassiterite from all diggers each time they exited a
mining pit and $20 every time a digger worked at night. The UNGOE
reported that Colonel Hassani continued to share his mineral profits
from Bisie with General Ntaganda, who remained subject to an
outstanding arrest warrant issued by the ICC. Furthermore, the UNGOE
presented evidence indicating that Colonel Hassani's brother Faustin
Ndahiriwe handled Colonel Hassani's mineral investments, and that
Ndahiriwe had commandeered his own mining pit in Bisie. In 2009 the
UNGOE had established that Ndahiriwe ``has directly supplied a number
of businesses in Goma with cassiterite. particularly Hill Side,'' a
mineral exporting business that the UNGOE reported was prefinanced by
MSA. Previously, the UNGOE had reported in November 2009 that MSA
``prefinanced'' Hill Side, a mineral exporting business ``that has
purchased large quantities of minerals from Ndahiriwe.'' Finally,
according to the UNGOE report of November, a Walikale military
prosecutor issued an arrest warrant accusing Captain Zidane, who
oversaw Colonel Mboneza's mining interests and investments at Bisie, of
providing weapons to bandits to attack a mineral trader carrying over
$10,000. However, on April 7 Lieutenant Colonel Mboneza destroyed the
warrant and detained the officers carrying it.
According to the UNGOE, during the year FARDC units were
increasingly involved in land disputes and land grabs, which often
resulted in violence. FARDC units composed of mainly ex-CNDP members
forcibly displaced large numbers of civilians from land in the Mushake
zone of Masisi Territory, North Kivu, in order to find grazing areas
for cattle being brought in from Rwanda. The UNGOE reported that ex-
CNDP FARDC soldiers under Colonel Baudouin forced more than 180
families from their land at Tchaninga. Throughout the year stories of
unknown persons, either refugees from camps in Rwanda, economic
migrants from Rwanda, or IDPs from other areas in the DRC, trickled
back to reoccupy contested land in the Kivus, exacerbating ethnic and
land-based tensions among local communities.
Abuses by Armed Entities Outside Central Government Control
Illegal armed entities committed numerous serious abuses,
especially in rural areas of North and South Kivu and Orientale during
the year. Such groups killed, raped, and tortured civilians, often as
retribution for alleged collaboration with government forces.
Armed entities maintained and recruited child soldiers, including
by force, sometimes from schools and churches, and sometimes killed,
threatened, and harassed humanitarian workers.
Many armed entities abducted men, women, and children and compelled
them to transport looted goods for long distances without pay. On
occasion, armed entities also forced civilians to mine. Armed entities
forced men, women and children to provide household labor or sexual
services for periods ranging from several days to several months. Armed
entities in conflict-affected areas in the east used children,
including child soldiers, for forced labor in mines.
Armed entities in parts of the east sometimes detained civilians,
often for ransom. They continued to loot, extort, and illegally tax
civilians in areas they occupied.
There were no credible attempts by nonstate armed entities to
investigate abuses allegedly committed by their fighters.
National Congress for the Defense of the People (CNDP).--In January
2009 Rwandan officials arrested General Laurent Nkunda, who remained in
Rwandan custody at year's end, and CNDP chief of staff General Bosco
Ntaganda became the leader of the CNDP. In January 2009 the Government
and the CNDP announced an alliance, and Ntaganda agreed to rapidly
integrate the CNDP into the FARDC. In addition the CNDP agreed to
transform itself into a political movement. Integration of the CNDP
into the FARDC was uneven, with large numbers of the CNDP continuing to
operate within their old command and control structures. This ambiguous
and incomplete integration contributed to impunity within the CNDP.
After a public statement by the president noting their redeployment to
other areas in the DRC, FARDC members who had belonged to the CNDP
refused to leave North Kivu and began actively recruiting new members.
In November, ex-CNDP FARDC members were actively recruiting children to
serve in their ranks by visiting schools in North Kivu and demanding
lists of recently demobilized children. They were also targeting young
adult men to serve in their ranks.
No action was taken against CNDP combatants for any of the
following alleged human rights abuses, all of which were committed
prior to the CNDP's integration into the FARDC in 2009: arbitrary
execution in 2008 by CNDP elements of at least 30 civilians in the
vicinity of Kalonge, North Kivu; abduction of 15 civilians from
Kitchanga, North Kivu, and related abuses by 15 CNDP combatants in
2008; the arbitrary arrest, illegal detention, and beating of four
civilians in Karuba, North Kivu, by CNDP elements in 2008; the summary
execution of three children by CNDP colonel Sultani Makenga during
2008; the killing of an Italian aid worker in 2008 by an unidentified
armed entity in CNDP-held territory in Rutshuru, North Kivu; or the
2008 cases of aggressive and forcible recruitment of children by the
CNDP for use as combatants, bodyguards, and porters.
In September 2009 the UNJHRO released an investigation report on
the deaths of civilians during and following the 2008 fighting in the
North Kivu town of Kiwanja between CNDP and local Mai Mai combatants.
The UNJHRO concluded that, after the intense fighting between Mai Mai
combatants and the CNDP had ended and the Mai Mai had retreated from
Kiwanja, CNDP elements conducted targeted reprisal killings of the
villagers, mainly young men whom they suspected of belonging to or
supporting the Mai Mai. The UNJHRO confirmed 67 arbitrary executions
perpetrated by the CNDP. However, unconfirmed allegations received by
UNJHRO human rights officers suggested that the number of victims could
be much higher. (Other human rights groups reported in 2008 that as
many as 200 civilians may have been killed during and after the
fighting between CNDP and Mai Mai combatants.) In addition the UNJHRO
received testimonies alleging that the CNDP burned homes and a police
station, raped a woman, arbitrarily arrested and detained civilians,
abducted 23 men and boys to forcibly recruit them as combatants, and
dismantled camps for IDPs in and around Kiwanja after the CNDP took
over local administration. The UNJHRO also received allegations of
abuses by other armed entities in Kiwanja (see subsections below on
abuses by the Mai-Mai and FDLR) and offered conclusions and
recommendations regarding MONUC military personnel stationed in Kiwanja
during the events (see section 5).
The Democratic Forces for the Liberation of Rwanda (FDLR)
The FDLR, which was led by individuals responsible for fomenting
and implementing the Rwandan genocide, committed several killings
during the year. between 3,500 and 8,000 FDLR fighters remained in the
provinces of North and South Kivu. According to the UNJHRO, on February
8, FDLR elements attacked Punia, Maniema Province, killing two FARDC
soldiers. They also allegedly killed an unknown number of civilians,
kidnapped 50 others, burned approximately 200 houses, and stole one ton
of cassiterite. The abductees were forced to carry the looted items.
During the night of February 3, civilians in Walikale, North Kivu, were
forced to hide in the forest for fear of further attacks after the FDLR
attacked, killing six inhabitants, injuring five others, and looting
and burning many houses. During the night of February 11, in Mwenga
Territory, South Kivu, FDLR combatants allegedly kidnapped
approximately 15 women, five of whom they killed.
Following the launch of operation Umoja Wetu in January 2009, FDLR
forces began to attack dozens of villages and towns across North and
South Kivu. According to HRW, between late January and September 2009,
the FDLR deliberately killed at least 701 civilians in North and South
Kivu; more than half of the victims were women and children. Between
January and October 2009, the FDLR committed an average of 50 to 60
killings per month, compared with fewer than 10 killings per month in
2008, according to UNSRESAE Alston.
While being pursued by the RDF and FARDC in January 2009, FDLR
forces in Masisi Territory (North Kivu) blocked village roads and
killed those who tried to flee. FDLR combatants also abducted scores of
civilians as hostages, seemingly for use as ``human shields'' against
the impending attack; however, when the hostages tried to escape as
Umoja Wetu forces began attacking the FDLR's Kibua headquarters in
January 2009, FDLR combatants shot and hacked to death many of them.
In April 2009 the FDLR attacked the Mianga village in the
Waloaluanda area. According to HRW, FDLR attackers decapitated the
local chief and killed three other local authorities whom they accused
of collaborating with the FARDC. Over the days that followed, the FDLR
deliberately killed a further 41 civilians, injured many others, and
then burned the village to the ground.
In May 2009, machete-wielding FDLR combatants shot, hacked, and
burned to death at least 96 civilians, including 25 children, in
Busurungi, Waloaluanda (North Kivu), largely in retaliation for the
killing of Rwandan Hutu refugees by FARDC soldiers at Shalio two weeks
before. The FDLR attackers then destroyed Busurungi, burning to the
ground 702 houses, three health centers, and several schools and
churches, according to HRW.
Between January and September 2009, the FDLR destroyed at least
7,051 homes and other structures and perpetrated 290 cases of sexual
violence in North and South Kivu in areas affected by military
operations. According to HRW, in March 2009, in the Ziralo area of
Kalehe Territory, seven FDLR combatants gang-raped a 60-year-old woman.
When her daughter resisted being raped, the attackers shot and killed
her.
According to MONUSCO, from July 30 to August 2, 303 women,
children, and men were raped in a systematic assault by the FDLR, in
cooperation with other armed elements in Walikale territory, North
Kivu.
In 2009, scores of women were abducted and forced to serve as sex
slaves in FDLR camps, where they were raped repeatedly for weeks or
months at a time.
According to the November report by the UNGOE, the FDLR seemed to
have increased abductions and hostage-taking during the year and ransom
demands were becoming more frequent.
The FDLR took no credible action to investigate or address human
rights abuses allegedly committed by its members, including FDLR
members responsible for the following reported abuses: the 2008 killing
of the village chief of Kilali, North Kivu; arbitrary execution of
three civilians in Tchanishasha, South Kivu, in 2008; or the killing of
three residents of Kabunga, North Kivu, in 2008.
In its September 2009 report about abuses committed in Kiwanja,
North Kivu, during and after clashes involving CNDP and Mai-Mai
combatants in 2008, the UNJHRO highlighted testimonies it collected
alleging that FDLR combatants executed seven individuals and raped four
women in Kiwanja.
Ituri District Militia Groups
Despite the signing of a 2006 ceasefire agreement between militias
in the Ituri District of Orientale, including the Front for National
Integration (FNI), the Congolese Revolutionary Movement, the FRPI, and
the Government, the FRPI refused to participate in the peace process
and was implicated in abuses committed against civilians in Ituri
District during the year.
As the FARDC's Iron Stone operation in Ituri, Orientale, continued,
Ugandan authorities arrested the leader of the FPJC, Sharif Manda on
September 1.
Abuses by militias in Ituri were more often acts of banditry,
rather than politically or ethnically motivated violence.
On August 9, the military tribunal in Bunia sentenced Kakado Banaba
Yonga, spiritual leader for FRPI militia leader Colonel Cobra Matata,
to life in prison for war crimes, including attacks against civilians,
rape, and sexual slavery that he had committed.
There were no credible reports of action taken by rebel leaders in
Ituri District against those responsible for the following abuses: the
2008 attack on villages in and around Lalo and Djurukidogo in Ituri
District by FNI combatants, who burned children to death and kidnapped
individuals; and attacks by FPRI members on local populations in Tchey
and other villages of Orientale in 2008.
No additional information was available regarding the case of Yves
Kawa Panga Mandro, alias Chief Kawa, a former Ituri militia leader
convicted in 2006 for crimes against humanity in 2003. In 2008, the
Kisangani Court of Appeal, citing the 2005 amnesty law, acquitted Kawa.
According to the UNJHRO, the appeals judge ruled that the prosecution
had made a number of errors in the case. However, Kawa remained in
detention in the CPRK prison in Kinshasa while the prosecutor appealed
the decision of the appeals court to the High Military Court in
Kinshasa.
Mai-Mai
Various Mai-Mai community-based militia groups in the provinces of
South Kivu, North Kivu, and Katanga continued to commit abuses against
civilians, including killings, abductions, and rapes. According to the
UNGOE, the use of children as soldiers by Coalition of Patriots in the
Congolese Resistance (PARECO) and other Mai-Mai groups in North Kivu
Province was endemic.
During the year various Mai-Mai groups continued to commit abuses
against civilians, including the recruitment and use of children for
use as soldiers. For example, according to MONUSCO, from July 30 to
August 2, 303 women, children, and men were raped in a systematic
assault by FDLR, Mai Mai Cheka, and ex-CNDP ex-FARDC Colonel Emmanuel
in 13 villages around the Kibua area in Walikale territory, North Kivu
(see above in section 1.g.). According to the UNGOE report of November,
Mai Mai Cheka ``is a creation of a criminal network within the FARDC,''
and in August a FARDC officer was arrested for his failure to combat
the militia (see section 1.d.).
On October 5, Mai Mai Cheka deputy commander Lieutenant Colonel
Mayele, one of the suspected perpetrator of the rapes, was surrendered
by his commander and taken into custody by MONUSCO.
Fighting between some Mai-Mai groups and the FARDC continued during
the year, displacing persons and causing insecurity.
Authorities took no action against PARECO combatants, who allegedly
raped a woman, stabbed a 17-year-old girl, and arbitrarily executed six
other civilians during an attack on Luwuzi, North Kivu, in 2008.
In its September 2009 report about abuses committed in Kiwanja,
North Kivu, during and after clashes involving CNDP and Mai-Mai
combatants in 2008, the UNJHRO highlighted evidence of two civilian
deaths and 50 persons injured during the combat. In addition, the
report included testimonies alleging that, outside the context of
combat, Mai-Mai combatants killed at least one civilian and abducted
several persons in Kiwanja. The UNJHRO also concluded that the CNDP
committed targeted executions of civilians (see preceding subsection on
CNDP abuses).
There were no further developments in the trial of Katanga Mai-Mai
leader Gideon for war crimes and crimes against humanity.
Allied Democratic Forces/National Army for the Liberation of Uganda
(ADF/NALU)
In June the FARDC launched Operation Ruwenzori against the ADF, an
Islamist Ugandan-led group that has been operating in the eastern part
of the country since the late 1990s.
MONUSCO officials reported that members of ADF/NALU engaged in
petty theft and extortion.
Lord's Resistance Army (LRA).--The LRA moved away from the DRC's
Garamba National Park (Orientale Province) to eastern Central African
Republic (CAR); however, several elements remained in northeastern DRC.
The LRA was responsible for killing, raping, and kidnapping hundreds of
persons in the DRC, CAR, and Sudan as it continued to seek the
overthrow of the Ugandan government. The LRA continued to hold children
it had forcibly abducted.
Between February 2009 and August 2010, the LRA abducted an
estimated 650 persons, including children and women, and continued to
cause displacement in Orientale.
Rudia II, the FARDC-led operation against the LRA, continued in
cooperation with the Ugandan People's Defense Forces and with
logistical support from MONUSCO. LRA attacks continued throughout the
year, resulting in executions, abductions, and sexual violence,
although the level and intensity of the attacks decreased as the group
fragmented into smaller units.
Between February 1 and 13, LRA combatants killed 76 persons in
fishing villages throughout Niangara Territory in Orientale, according
to HRW. On February 26, LRA elements killed at least 80 persons in
Kpanga, Niangara Territory.
During a four-day period in December 2009, the LRA killed 321
civilians and abducted at least 250, including at least 80 children, in
the Makombo area of Haut Uele.
There were no credible attempts by LRA leaders to prevent abuses or
punish combatants for past abuses.
The LRA continued to attack local villages and forced citizens to
flee in Ango, Dungu, Niangara, and Faradje Territories, Orientale. The
UNHCR estimated that there were more than 390,000 internally displaced
persons in the territory as ofAugust 31.
Abuses by Foreign Powers.--On October 1, the UNOHCHR issued the
report of a mapping exercise documenting alleged atrocities committed
in the country in the decade between March 1993 and June 2003. The
report described more than 600 incidents that allegedly took place in
the country over the 10-year period, raising serious allegations of
brutal and horrific mass killings, rape and other abuses during the
period in question believed to have been committed by armed forces and
other non-state groups from Angola, Burundi, Rwanda, Uganda and
Zimbabwe. The report also described allegations of human rights abuses
by Congolese armed entities. The DRC government responded in writing to
the UNOHCHR report and also began considering the creation of mixed
chambers to prosecute these alleged crimes (see sections 1.e. and 5).
Abuses by UN Peacekeepers.--A number of sexual exploitation and
abuse (SEA) cases by MONUSCO peacekeepers were under investigation.
MONUSCO reported that the number of the most serious SEA allegations
decreased from 37 in 2009 to 33 during the year. MONUSCO repatriated 11
contingent members during the year on disciplinary grounds, a
significant drop from the 33 sent home in 2009.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The law provides for freedom of
speech and of the press; however, the Government restricted these
rights in practice, and freedom of the press declined during the year.
The Government intimidated journalists and publishers into practicing
self-censorship. In September, 29 members of a worldwide coalition of
press freedom groups expressed concern about the ``constant decline in
the climate for journalists and steadily shrinking space for free
expression'' in the country in advance of the 2011 presidential
election. In an open letter, the 31 members of the International
Freedom of Expression Exchange (IFEX), including the Media Institute of
Southern Africa and Congolese NGO Journalist in Danger, called on
President Kabila to declare a moratorium on imprisoning journalists on
charges of defamation or insulting the authorities. IFEX also called
for the rapid creation of the proposed Higher Council for Broadcasting
and Communication (CSAC) to ensure candidates would have equitable
access to state-owned media in 2011.
Following an assessment visit to the country in June 2009, Margaret
Sekaggya, the UN special rapporteur on human rights defenders, said
journalists and other human rights defenders ``face illegitimate
restrictions of their right to freedoms of opinion and expression'' and
underscored that the country's ``defenders, in particular journalists,
who report on human rights abuses committed by state and nonstate
actors, are killed, threatened, tortured, or arbitrarily arrested and
their offices raided.''
Generally individuals could privately criticize the Government, its
officials, and private citizens without being subject to official
reprisals. However, public criticism of government officials and
government conduct or decisions regarding issues such as conflict and
insurgencies, management of natural resources, or corruption sometimes
resulted in harsh responses, often from the ANR, the intelligence
service under the president's control. For example, on April 11, ANR
officials arrested Antenne A-TV journalists Jean-Denis Bankonga and
Jean-Louis Miasuekama at their office and held them in detention for
three hours. Officials had wanted to arrest the station's information
director for announcing that the Government had set up a commission to
negotiate with the Enyele insurgents on April 8.
Authorities took no action against the responsible ANR agents in
Goma who, in 2008, arbitrarily arrested, detained, and mistreated for
several days a member of the Union for Democracy and Social Progress/
Goma for discussing politics with local citizens.
A large and active private press functioned throughout the country,
and the Government licensed a large number of daily newspapers to
publish. The Government required every newspaper to pay a license fee
of 250,000 Congolese francs (approximately $280) and complete several
administrative requirements before publishing. Many journalists lacked
professional training, received little, if any, salary, and were
vulnerable to manipulation by wealthy individuals, government
officials, and politicians who provided cash or other benefits to
encourage certain types of articles. Many newspapers remained critical
of the Government, and many others showed bias toward it or supported
particular political parties. The Government press agency published the
Daily Bulletin that included news reports, decrees, and official
statements.
Radio remained the most important medium of public information due
to limited literacy and the relatively high cost of newspapers and
television. More than 350 privately owned radio and television stations
operated independently, according to the transitional state media
regulatory body. The state owned three radio stations and three
television stations, Congolese National Radio-Television (RTNC) 1, RTNC
2, and a channel that broadcast parliament sessions live. The UN
operated Radio Okapi, which was the only nationwide radio network. The
president's family also owned and operated television station Digital
Congo. Political parties represented in the Government could generally
gain access to RTNC.
State security forces did not generally arrest or harass foreign
journalists; however, in 2009 government authorities imposed an
indefinite suspension on broadcasts by Radio France Internationale
(RFI). RFI's broadcasting signal was restored across the country on
October 12 and was allowed to open a local office and appointed an
foreign journalist. Government authorities informed foreign journalists
that the military code of justice (criminal penalties, including
imprisonment) would be applied to any foreign journalists who committed
press offenses, causing international journalists to express concern
over their ability to report on sensitive subjects such as the conflict
in the east and corruption.
During the year security force members killed a journalist. In
North Kivu, on April 5, armed men in military uniform killed Patient
Chebeya, a journalist-cameraman for the RTNC, at the entrance of his
home in the eastern city of Beni. According to Chebeya's wife, the
gunmen told Chebeya they had come to kill him and seized videotapes,
mobile phones, and money. On April 17, the Military Garrison Tribunal
of Beni convicted a sub-lieutenant and an adjutant of the 1113th FARDC
Battalion for his murder, sentencing them to the death penalty and
financial payments of $75,000 and restitution of the stolen property.
In 2008 unknown assailants in Bukavu shot and killed Didace
Namujimbo, a journalist for Radio Okapi. On May 4, the Military
Tribunal in Bukavu sentenced two soldiers and a civilian to death for
the journalist's murder, and condemned seven others to prison terms
ranging from seven months to five years.
State security forces beat, arbitrarily arrested, harassed, and
intimidated local journalists because of their reporting. For example,
in April Jullson Eninga, publishing director of Le Journal, was
arrested in Kinshasa for publishing an FDLR newsletter, but was
acquitted of all charges on September 6.
On July 27, PNC officers in Kinshasa arbitrarily arrested Pascale
Mulunda, editor of Le Monitor, a weekly newspaper, for allegedly
committing libel when reporting on June 23 the alleged corruption by an
official within the Ministry of Mines. The arrest was made following a
complaint filed by the official. In addition, the editor of Le
Barometer, Jeff Saile, reportedly went into hiding after receiving
anonymous telephone threats following his reporting on the alleged
corruption. Mulunda was released three weeks after his arrest. By
year's end, no additional information was available regarding Saile.
On July 28, soldiers broke into Radio Moto-Oicha in Beni, North
Kivu, and apprehended and beat a radio technician. There were no
reports of authorities disciplining those responsible for the break-in
and beating.
On December 17, ANR agents arrested Robert Shemahamba, director of
Radio-Television Communautaire Mitumba, which broadcast in Uvira, South
Kivu. ANR agents arrested him after he refused to be questioned without
a lawyer, according to the Committee to Protect Journalists (CPJ). ANR
agents held him without charge for 11 days. The agents arrested
Shemahamba following the broadcast of a December 12 program in which
three opposition politicians criticized Ulvira municipal officials for
alleged mismanagement. The country's communications minister told CPJ
he had protested the arrest and called for the Ministry of Interior to
resolve it. After protesting his confinement in a cell with no light,
Shemahamba was eventually transferred on December 24 from Uvira to a
detention center with slightly better conditions in Bukavu, where he
was later released.
Also in late December, ANR agents sought journalist Dominique
Kalonzo, who had participated in the same December 12 program. Kalonzo,
a correspondent in Uvira for the privately owned Radio Maendeleo, based
in Bukavu, went into hiding for a week, according to CPJ. On December
26, in Uvira, Kalonzo was reportedly injured in an altercation with ANR
agents sent to arrest him; he was subsequently taken to a health centre
in Uvira. According to domestic press freedom watchdog Journalist in
Danger (JED), Kalonzo left the hospital in the company of two
unidentified individuals who visited him. At year's end, his
whereabouts were unknown, and no additional information was available.
In its annual report on press freedom, JED documented seven cases
of assault against journalists during the year, which represented a
decrease in the number of attacks on journalists compared with 2009.
However, the number of cases of incarcerations of journalists rose from
three in 2009 to 17 during the year.
There were no reports of authorities taking action in the following
cases of press freedom abuse from 2009: the March arrest of journalist
Coco Tanda (and representatives of local NGOs) in relation to a
political protest; the March beating of Radio Okapi reporter Kathy
Katayi by PNC officers in Kananga, Kasai Occidental; and the August
assault of Radio Okapi reporter Paulin Munanga in Lubumbashi.
Authorities took no action against Kinshasa police officers who in
2008 arrested reporter Maurice Kayombo from Big Stakes magazine and
detained him for 34 days for reporting ``damaging allegations'' against
Christophe Kanionio, secretary-general of the Mining Ministry.
No action was taken against the ANR agents who arrested and
questioned five journalists from the privately owned television station
Raga TV in Kinshasa in 2008.
No action was taken against the ANR agents who in 2008 raided the
privately owned television station Tele Kindu Maniema and arrested
program host Mila Dipenge and a cameraman, both of whom were released
the following day.
Authorities took no action against Mai-Mai militiamen who in 2008
kidnapped and robbed Belgian journalist Thomas Scheen, his interpreter
Charles Ntiricya, and his driver Roger Bangue in Kiwanja, North Kivu,
before eventually releasing them.
In November 2009 the UNJHRO released a report on a 2008 appeals
trial that upheld a death sentence for three civilians convicted of the
2007 murder of Radio Okapi journalist Serge Maheshe in Bukavu, South
Kivu. The report noted ``numerous breaches of the fundamental guarantee
of the right to a fair trial.'' The report also highlighted the court's
refusal to investigate other credible leads and motives for the
killing, its refusal to order further investigation, and its refusal to
order an autopsy or a ballistics test. The appeals trial acquitted two
of Maheshe's friends who were found guilty at the original trial; in
2007 the alleged gunmen recanted their accusations against Maheshe's
friends, claiming the military court had bribed them to make the
accusation.
The National Media Regulatory Commission, a quasi-governmental
organization mandated by the earlier transitional constitution,
continued to operate in the absence of a successor body.
President Kabila signed a law establishing the CSAC in December
2009; however, the Supreme Court ruled the law unconstitutional because
it offered blanket protection from criminal prosecution to CSAC board
members. At year's end parliament was revising the law.
During the year national and provincial governments continued to
use criminal defamation and insult laws to intimidate and punish those
critical of the Government.
For example, during coverage of the controversy in March 2009 over
National Assembly president Kamerhe, there was a temporary interruption
of broadcasts by multiple channels as well as harassment of newspaper
street vendors by police.
In August 2009 Bruno Koko Chirambiza, a journalist with Radio Star
in Bukavu, was killed by bandits while on his way home from a wedding.
His friend, who was present during the attack and escaped unharmed, was
arrested. The trial began in December 2009. No additional information
was available.
According to JED's annual report on press freedom, released in May,
there was a 16 percent increase in press freedom abuses, such as
murder, assault, arbitrary arrest and detention, threats, and illegal
sanctions or censorship, during the year compared with 2009. JED
underscored that following a series of killings of journalists since
2005, journalists have become afraid to address sensitive topics, such
as the war in the east and corruption. JED emphasized that economic and
political pressure restricted press freedom and expressed concern about
the continuing trend of politicians and government officials hiring
journalists as advisors.
During the year radio journalists, particularly those in Bukavu,
South Kivu, continued to fear for their safety. Journalists often
received anonymous death threats from callers, and many journalists
continued to be concerned by the lack of serious investigation and
judicial action by authorities against the perpetrators responsible for
multiple journalist killings in the country since 2005.
Internet Freedom.--The Government did not restrict access to the
Internet or monitor e-mail or Internet chat rooms. Individuals and
groups could engage in the peaceful expression of views via the
Internet, including by e-mail. There were no known government attempts
to collect, request, obtain, or disclose the personally identifiable
information of a person in connection with that person's peaceful
expression of political, religious, or ideological opinion or belief.
Private entrepreneurs made Internet access available at moderate prices
through Internet cafes in large cities throughout the country.
According to the 2009 report of the International Telecommunication
Union, 0.55 percent of the population used the Internet.
Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.
b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The constitution provides for freedom of peaceful assembly;
however, the Government sometimes restricted this right.
The Government required organizers of public events to register
with local authorities in advance; to deny authorization, authorities
must do so in writing within five days of being notified of the planned
event. State security forces often acted against unregistered protests,
marches, or meetings.
On occasion, permission to hold demonstrations was denied; for
example, in June, domestic NGOs that had intended to hold a
demonstration related to the killing of leading activist Floribert
Chebeya were not allowed to do so.
State security forces occasionally arrested demonstrators. For
example, on April 12, police arrested five members of the opposition
party Union for Democracy and Social Progress (UDPS) who were
protesting the anticipated constitutional revision. In addition, on
April 24, police beat UDPS members who were gathered to celebrate the
20th anniversary of the Government's decision to abolish the one-party
system. Also, on September 26, in Kinshasa, police arrested 27 members
and supporters of the UDPS, citing public disorder during an
unauthorized political gathering. On September 30, all 27 were
released.
Freedom of Association.--The constitution provides for freedom of
association; however, in practice the Government sometimes restricted
this right. During the year several domestic NGOs were denied
authorization to operate (see section 5).
c. Freedom of Religion.--For a complete description of religious
freedom, please see the 2010 International Religious Freedom Report at
www.state.gov/g/drl/rls/irf/rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The law provides for freedom of
movement within the country, foreign travel, emigration, and
repatriation; however, the Government sometimes restricted these
rights.
State security forces established barriers and checkpoints on
roads, at ports, airports, and markets, ostensibly for security
reasons, and routinely harassed and extorted money from civilians for
supposed violations, sometimes detaining them until they or a relative
paid. The Government forced travelers to pass through immigration
procedures during domestic travel at airports, ports, and when entering
and leaving towns and implemented a $36 fee for passengers traveling
internally on MONUSCO flights.
Local authorities continued to extort taxes and fees from boats
traveling on many parts of the Congo River. There were also widespread
reports of FARDC soldiers extorting fees from persons taking goods to
market or traveling between towns.
During the year there were reports of attempts by DGM officials to
fine foreigners not carrying passports , although the law does not
require foreigners to do so.
Security services sometimes required travelers to present official
travel orders from an employer or government official.
The significant risk of rape by soldiers and nongovernmental armed
entities, coupled with government inability to secure eastern
territories, effectively restricted freedom of movement by women in
many rural areas, particularly in the east (see section 1.g.).
Passport issuance was irregular and often required payment of
substantial bribes. The law requires a married woman to have her
husband's permission to travel outside the country.
The law prohibits forced exile, but the Government generally did
not employ it.
Beginning in June, PAREC, a government-sponsored NGO, began a
series of voluntary deportations of demilitarized Rwandan FDLR
combatants from North Kivu to Kisenge, Katanga Province, where the
eventual 400 to 600 individuals were housed in an unused refugee camp.
As a result of this relocation, the deportees were denied their freedom
of movement to return to the east or indeed to leave the Kisenge camp
at all. In July and August, several deportees fled to the nearby town
of Kasaji, where PAREC and government authorities arrested them and
deported them to Rwanda. By year's end the experiment in voluntary
relocation proved a failure, and the Kisenge camp was closed with its
internees transferred to UN-sponsored reintegration centers in North
and South Kivu.
Internally Displaced Persons (IDPs).--As of November 30, there were
1.7 million IDPs in the country, including 589,000 in North Kivu,
676,000 in South Kivu, and 389,000 in Orientale (see section 1.g.). The
remainder of the IDPs were in Equateur and Katanga provinces.
The Government did not provide adequate protection or assistance to
IDPs, who were forced to rely heavily on humanitarian organizations.
The Government generally allowed domestic and international
humanitarian organizations to provide assistance to IDPs; however, lack
of security and roads impeded their efforts. While the majority of IDPs
in North Kivu stayed with relatives and friends, tens of thousands
stayed in 31 ``spontaneous'' sites and camps managed by international
NGOs and coordinated by the UNHCR. As of August 31, an estimated
120,000 IDPs lived in churches and schools. Displaced women and
children were extremely vulnerable to abuses by armed entities,
including rape and forced recruitment.
Operation Ruwenzori, which the FARDC launched in June without
support from MONUSCO, continued to address the threat of the ADF/NALU
in North Kivu. In July fighting between the FARDC and ADF/NALU created
instability in the Beni territory of North Kivu. Humanitarian
organizations estimated that between 20,000 and 70,000 persons were
displaced during several weeks. In addition, the unstable security
situation made providing humanitarian relief difficult, and on July 26,
IDPs marched to protest the lack of food.
IDPs in North Kivu were victims of abuses by all factions engaged
in fighting, including the FARDC, and by other civilians. Abuses in
camps around Goma included killings and death threats, particularly by
demobilized fighters, as well as abduction and rape. According to
UNICEF, in 2009 one third of the more than 1,100 women and girls raped
per month in the east were in North Kivu, the majority of them IDPs.
Some IDPs were also reportedly subjected to forced labor (see section
1.g.).
Protection of Refugees.--The country's laws provide for the
granting of asylum or refugee status, and the Government has
established a rudimentary system for providing protection to refugees.
In practice it granted refugee and asylum status to individuals and
provided protection against the expulsion or return of refugees to
countries where their lives or freedom would be threatened on account
of their race, religion, nationality, membership in a particular social
group, or political opinion.
The Government provided temporary protection to an undetermined
number of individuals who may not qualify as refugees under the 1951
Convention relating to the Status of Refugees and its 1967 Protocol.
The Government cooperated with the UNHCR and other humanitarian
organizations in assisting refugees and asylum seekers with welfare and
safety needs. The Government provided assistance in enabling the safe,
voluntary return of refugees to their homes by allowing their entry
into the country and facilitating their passage through the immigration
system. However, government authorities did not provide adequate
security to refugees.
From January to November 2009, Angola forcibly expelled 85,000
illegal Congolese immigrants to Bas-Congo, and the DRC retaliated by
forcibly expelling 30,000 Angolans, including those with refugee
status. However, during the year smaller expulsions along the entire
border between the two countries continued. While most expulsions were
conducted peacefully in 2009, abuses during expulsions by state
security forces of both countries occurred during the year. According
to the UNJHRO, between January 1 and February 23, 9,205 Congolese were
allegedly expelled from Angola, including 1,943 women, of whom 304 were
allegedly raped by Angolan security forces. Congolese security forces
committed 23 documented and verified rapes of expelled Congolese women
on Congolese soil. Authorities had arrested one lower-level FARDC
officer for the rapes by year's end.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution provides citizens the right to change their
government peacefully, and citizens exercised this right in practice
through credible presidential, parliamentary, and provincial elections
based on universal suffrage.
Elections and Political Participation.--Presidential and
parliamentary elections in June 2006 and a presidential runoff in
October 2006 were judged to be credible by the Carter Center and the EU
Observer Mission. According to the UN secretary-general's December 2009
report to the UN Security Council, the Senate nominated two members to
participate in an ad hoc committee to develop recommendations on
constitutional reforms, including a review of presidential term limits,
the decentralization process, and the judiciary. As of year's end,
there was no further action.
During the year the voter registration process for planned
elections resumed, starting in Bas Congo; however, the national voter
registration process was slow and hampered by security problems and
lack of resources.
In July President Kabila promulgated the law on the National
Independent Electoral Commission (CENI), adopted under the National
Assembly. Under the law, the National Assembly was to nominate seven
members of the commission, four from the ruling party coalition, AMP,
and three from the opposition. The legislation needed to finalize
nominations had not been adopted by year's end.
In August the Independent Electoral Commission (CEI) published a
new electoral calendar. According to the calendar local elections that
had been repeatedly postponed were scheduled to take place in 2012-13;
the next presidential and legislative elections were scheduled for
November 2011.
As envisioned under the constitution, parliament passed the
decentralization law in 2008, but other crucial pieces of legislation
to support the decentralization process were pending, resulting in the
constitutional deadline for decentralization passing without government
action to institute it.
Uncertainty remained over the decentralization process. The
constitution provides for the establishment of 26 provinces to replace
the 11-province structure. Administrative powers and financial
resources are to be transferred to the new provinces to allow them to
assume their new responsibilities. The constitution, which defines a
timetable for these steps, specifies that the new territorial
boundaries were to come into force 36 months after the Senate took
office, in May. However, the boundaries had not come into force, and
only four of the 13 decentralization laws, had been adopted and
promulgated by year's end.
In July President Kabila promulgated the law on the CENI, the
permanent electoral body that replaced the CEI. Civil society expressed
disappointment with the law because it does not provide for civil
society participation in the CENI.
Beginning in 2009 and continuing throughout the year, press reports
indicated that the Government exerted pressure on MONUC and the UN
Security Council to begin withdrawing the peacekeeping force from the
country. According to the UN secretary-general's December 2009 report
to the UN Security Council, President Kabila requested the UN to submit
a proposal, including a calendar, for the progressive drawdown of
MONUC, based on the evolution of the security situation. The calendar
and the modalities of the drawdown were to be agreed by the Government
and the UN. UN officials, foreign diplomats, and NGOs expressed
numerous concerns over the prospect of a premature MONUC withdraw. Some
of the concerns related to whether, during an ongoing and fragile peace
process, peaceful and credible national elections could be held without
the kind of logistical and security assistance that MONUC provided for
the national elections of 2006, the country's first democratic
elections in more than 40 years.
The law on the status and rights of the political opposition
recognizes opposition parties represented in parliament as well as
those outside it and provides for their right to participate in
political activities without fear of retribution. During the year
political parties were able to operate most of the time without
restriction or outside interference; however, there were notable
exceptions. Opposition members were sometimes harassed (see section
2.a.)
In 2008 police killed numerous BDK supporters during violent
clashes in Bas-Congo and systematically destroyed BDK meeting places
(see section 1.a.). The 2008 HRW report, We Will Crush You: The
Restriction of Political Space in the Democratic Republic of the Congo,
concluded that since the 2006 national elections, the Government has
used violence and intimidation to eliminate its political opponents and
restrict democratic activity. The report drew from hundreds of
interviews with government officials, diplomats, political detainees,
and members of civil society.
Between 2005 and 2008 the proportion of seats held by women in
parliament decreased from 12 percent to 8 percent. Women held 50 of 500
seats in the National Assembly and 43 of 690 seats in the provincial
assemblies. Four of the 108 senators were women. Among the 45
government ministers and vice ministers, five were women.
Many ethnic groups, including Pygmies, were not represented in the
Senate, the National Assembly, or provincial assemblies. The lack of
political participation of some ethnic groups may have been a result of
continuing societal discrimination. The enslavement and discrimination
of Pygmies continued in some areas of the country (see section 5).
In March 2009 seven UN special rapporteurs and representatives
reported to the UNHRC that Kinyarwandan-speaking Congolese living in
the eastern part of the country or as refugees in neighboring countries
continued to experience difficulty in acquiring Congolese nationality,
despite a 2004 nationality law that nominally granted nationality to
members of this group. This situation, which made it difficult for them
to obtain electoral cards, along with majority-voting systems and the
particular tailoring of voting districts, continued to contribute to a
disproportionately low number of minority candidates elected to office.
In their March 2009 report to the UNHRC, the seven UN special
rapporteurs and representatives recommended that the Government launch
a campaign in the east to provide national identification and electoral
cards to anyone qualifying for nationality under the 2004 nationality
law and that implementation be guided by a presumption that ``those who
currently live [in the DRC], or have lived in the DRC prior to the
armed conflict are considered nationals of the DRC.''
Section 4. Official Corruption and Government Transparency
The law provides criminal penalties for official corruption.
However, the authorities did not implement the law, and corruption
remained endemic throughout the Government and state security forces.
The public perceived the Government to be widely corrupt at all levels.
According to the World Bank's Worldwide Governance Indicators, official
corruption was a severe problem.
Corruption in the judicial and penal systems continued to be severe
(see sections 1.c. and 4).
In rural areas, where there were often no courts within a 300-mile
radius, justice was administered on an ad hoc basis by any available
authority, creating extraordinary opportunities for corruption and
abuse of power. During the year some observers asserted that members of
both the executive and legislative branches were content to keep the
judiciary weak and ineffective because it protected their power and
allowed them to engage in corruption and abuse of power without
consequence.
Weak financial controls and lack of a functioning judicial system
encouraged officials to engage in corruption with impunity. Many civil
servants, police, and soldiers had not been paid in years, received
irregular salaries, or did not earn enough to support their families,
all of which fostered corruption. Embezzlement of soldiers' salaries by
FARDC commanders was common and appeared to contribute to extortion,
looting, and other abuses by soldiers against citizens (see section
1.d.).
Reports indicated that the mining sector continued to lose millions
of dollars as a result of official corruption at all levels, including
illegal exploitation of minerals by the FARDC and nongovernmental armed
entities in the east (see section 1.g.).
In September 2009 the Senate estimated that more than $1.2 billion
dollars of gold--approximately 40 tons--was exported fraudulently from
the country every year and that, in the east, 80 percent of the
minerals extracted were being traded illegally. The UNGOE established
that ``the level of fraudulent mineral exports to neighboring states
has escalated significantly since 2008 and particularly since the
rapprochement between Kinshasa and Kigali [Rwanda] since January
2009.''
In its November 2009 report to the UN Security Council, the UNGOE
documented ``fundamental irregularities'' in the international gold
trade between the DRC, Uganda, Burundi, and the United Arab Emirates,
and gathered evidence of ``inconsistent and incomplete customs
declarations and procedures, as well as a lack of adequate control
procedures by government customs and mining authorities.'' The UNGOE
``received strong indications of high-level protection and in some
cases complicity in the illicit gold trade by government officials.''
It made several recommendations concerning the Government,
international corporations, and the UN Security Council (see section
1.g.).
During 2009, the Government continued its review of 61 mining
contracts negotiated from 1997 to 2002. The review had been marred by
numerous delays and a lack of transparency. In 2008 the Government
reached new agreements with all but six of the companies under review,
and in November 2009 it formally announced the completion of the
process. The Government reached agreement on the one outstanding
contract late in the year.
There continued to be an Ethics and Anticorruption Commission, but
it had little effect during the year and lacked resources,
independence, and credibility. It last convened in 2007 without any
significant results or findings.
Government authorities and wealthy individuals at times used
antidefamation laws that carry criminal punishments to discourage media
investigation of government corruption (see section 2.a.).
The law requires the president and ministers to disclose their
assets to a government committee. President Kabila and all ministers
and vice-ministers did so during the year.
The law does not provide for public access to government-held
information. In practice the Government did not grant access to
government documents for citizens or noncitizens, including foreign
media.
In 2008 the country was accepted as a candidate in the Extractive
Industries Transparency Initiative (EITI), an international voluntary
initiative designed to increase transparency in transactions between
governments and companies in the extractive industries. Although the
Government took some positive steps under EITI, including the
establishment of a National EITI Committee, publication of the first
report on EITI in the country, and the hiring of an independent auditor
to carry out validation of the EITI process, the country did not meet
its March 9 validation deadline. In December the EITI secretariat
granted the country a six-month extension to complete validation.
In his press statement in October 2009 UNSRESAE Alston highlighted
one of the factors he found to be contributing to corruption and the
lack of financial accountability in the country, as well as other,
broader human rights problems. According to Alston, ``one of the most
troubling overall issues in the DRC is the radical privatization of the
state. The military is poorly paid and often not paid at all, but it is
understood that soldiers will extract their own rewards from the
community, through extortion and theft...Healthcare and education are
outsourced to international agencies...The privatization phenomenon
relieves most of the pressure for fiscal reform and accountability. The
Government needs only to find resources for itself. Until the problem
is confronted robustly, the ability of the state to provide security,
ensure justice, and respect human rights will continue to erode
dramatically. And the billions of dollars provided by the international
community will have yielded no sustainable institutional framework.''
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A wide variety of domestic and international human rights
organizations investigated and published findings on human rights
cases. However, state security forces continued to harass, beat,
intimidate, and arbitrarily arrest and detain local human rights
advocates and NGO workers, and government intimidation of domestic
human rights defenders worsened. In addition prison officials
consistently denied access by NGOs and UN officials to detainees in
certain types of facilities. The Government continued to allow
international humanitarian agencies access to conflict zones, permit
many UN human rights officers to investigate abuses, and invite UN
special rapporteurs and representatives to visit the country during the
year to assess the human rights situation and provide technical
assistance. However, the Government took no significant steps to
implement their recommendations. In addition there was an increase in
instances in which authorities, particularly state security forces,
obstructed the work of UN human rights monitors and special
rapporteurs, and--in some instances--FARDC units in North Kivu made
death threats against UN personnel.
The main independent Kinshasa-based domestic human rights
organizations included ASADHO, Voice of the Voiceless, Committee of
Human Rights Observers, JED, and the Christian Network of Human Rights
and Civic Education Organizations. Prominent independent organizations
operating in areas outside Kinshasa included Heirs of Justice in
Bukavu, Lotus Group in Kisangani, and Plus in Bunia, Ituri District.
Officials from the Ministry of Justice and Human Rights met with
domestic NGOs and sometimes responded to their inquiries. On March 29,
the minister announced the creation of a liaison organization for
consultation between the Government and human rights NGOs to monitor
human rights and devise strategies to improve the situation. Scheduled
to meet every two weeks, the first session was convened in September.
There were reports that local officials required domestic NGOs
seeking to register to pay bribes. During the year several domestic
NGOs were denied authorization to operate, and NGOs needed
authorization to hold demonstrations, despite constitutional provisions
providing for freedom of peaceful assembly (see section 2.b.).
Domestic human rights NGOs were particularly vulnerable to
harassment, arbitrary arrest and detention, and other abuses by state
security forces when reporting on--or supporting victims of--abuses by
the FARDC, ANR, or other state security forces and when spotlighting
the illegal exploitation of natural resources in the east.
Between the evening of June 1 and the morning of June 2, one of the
country's most prominent human rights activists, Floribert Chebeya
Bahizire, was killed, after having been summoned on June 1 by Police
Inspector General John Numbi, the head of the national police at police
headquarters in Kinshasa. Chebeya's colleague Fidele Bazana Edadi, who
reportedly drove Chebeya to the meeting with Numbi, went missing the
same day and remained missing at year's end. Occurring just a few weeks
before the country's 50th anniversary celebration, the killing, which
some foreign diplomats deemed ``an assassination,'' prompted widespread
public condemnation by the UN Secretary-General, the country's foreign
assistance donors, and international and Congolese civil society,
accompanied by calls for a joint commission of inquiry. The UN special
rapporteur for extrajudicial killings judged that Chebeya was ``killed
in circumstances that strongly suggest official responsibility.'' In
early June a PNC member reportedly told the media that the death
appeared to be a sex-induced heart attack linked to erectile
dysfunction pills and used condoms found alongside Chebeya's body,
inside his car. The Economist magazine judged that ``it could be a
cover-up,'' particularly since Chebeya, long a critic of arbitrary
arrests and political repression, had received death threats and feared
for his life shortly before his death. By June 6, the Government had
announced the suspension of Inspector General Numbi pending an
investigation, although no charges were brought against him by year's
end. In addition, authorities detained several policemen, including the
deputy head of the intelligence services, Major Daniel Mukalay, at a
Kinshasa prison in connection with the case. At least one policeman
reportedly confessed to taking part in the killing; however, UN human
rights monitors were not allowed access to the detainees, and the
investigation was criticized for being flawed and a ``political
response.''
In June the Government accepted a Dutch government offer to conduct
an autopsy of Chebeya's body. On July 8, a joint Dutch-Congolese
forensic team reported that the autopsy was inconclusive and it could
not determine the cause of death. The autopsy report mentioned that a
pre-existing heart condition may have contributed to his demise. While
the results did not show conclusive evidence of murder, there were
minor signs of violence and superficial cuts and some bleeding around
the wrists, forearms, and legs caused by an external source, and
indications that he could have been handcuffed shortly prior to his
death. Observers, including UN officials in the country and foreign
diplomats, expressed concern over an investigation, run by the military
prosecutor general, that appeared to lack independence and credibility.
Aside from the Dutch autopsy assistance, the international community's
offers to provide assistance to the investigation were declined.
In August almost 80 local and international NGOs called on the
minister of justice to establish an independent international
commission of inquiry into the killing, although no such commission had
been formed by the end of the year. The NGOs also reported that despite
Numbi's suspension, he continued to attend some official meetings and
conduct work from his residence. On October 2, Minister of Justice
Luzolo Bambi announced that the trial would commence shortly, with an
arraignment hearing open to the public on November 23 and several
hearings throughout the month of December. Numbi was not among those on
trial, and while the proceedings were considered to be transparent,
local and international NGOs continued to call for an international
commission of inquiry at year's end due in part to what they viewed as
the justice system's inability to try the main suspect. The trial
proceedings were ongoing at year's end.
On June 8, in Kisengo, Katanga Province, a human rights defender
was subjected to cruel, inhuman or degrading treatment by PNC agents
after having denounced the mistreatment of persons that were detained
at PNC facilities.
Also on June 8, in Maniema Province, police arbitrarily arrested a
human rights defender and subjected the defender to cruel, inhuman or
degrading treatment after the defender had denounced the unlawful
arrest of civilians.
In July 2009 ANR agents in Katanga arbitrarily arrested and
detained Golden Misabiko, president of the Katanga Province chapter of
ASADHO, after ASADHO published a report implicating the provincial
government in the illegal trade of uranium from the province's
Shinkolobwe mine. Provincial authorities accused Misabiko of serious
crimes, including defamation and threats against national security.
Authorities detained Misabiko for two months in poor detention
conditions despite appeals for release because of a preexisting heart
condition. In September 2009 a criminal court in the Katangan capital
of Lubumbashi found Misabiko guilty, based on limited evidence, of
deliberately publishing false information and sentenced him to an
eight-month suspended prison sentence followed by four months'
confinement in the Kasapa central prison. Some observers expressed
concerns about the fairness of the trial. Prior to the time of his
sentencing, Misabiko fled and remained outside the country at year's
end. An appeal was filed on his behalf but its status was not clear at
year's end.
During the night of June 29, unknown gunmen in military uniforms
killed human rights activists Salvator Muhindo in Beni. Authorities had
taken no action by year's end (see section 1.a.).
In August FARDC soldiers kidnapped and badly beat a civil society
leader after he sent a letter to the president asking for justice (see
section 1.c.).
No additional information was available regarding the trial of
members of domestic NGO Friends of Nelson Mandela for the Defense of
Human Rights, including its president, Robert Ilunga Numbi, on charges
of rebellion, civil disobedience, and defamation. Authorities granted
him provisional release in October 2009. Human rights organizations
believed authorities arrested him because he criticized working
conditions in a company owned by individuals with strong connections to
the Government.
Authorities took no known action against FARDC soldiers who in 2008
arbitrarily arrested, beat, and temporarily detained the president of
the local human rights association in Mambassa, Orientale.
Authorities took no known action against the territorial
administrator in Punia, Maniema, who, according to the UNJHRO, issued
death threats in 2008 against human rights activists who had accused
local authorities of complicity in the 2002 massacre by RCD combatants
of 13 civilians.
Authorities took no known action against ANR agents, who in 2008
threatened a human rights activist in Tshimbulu, Kasai Occidental, when
she sought information about a case of arbitrary arrest and detention.
In March gangs of young men issued threats against an international
human rights organization in North Kivu, causing the organization to
suspend their activities in the region.
In 2009 domestic human rights NGOs, including one that identified
and liberated child soldiers from FARDC units and nonstate armed
entities, received death threats from unidentified individuals. For
example, in December 2009 seven members of local human rights NGOs and
three members of the UNJHRO in Kalemie, Katanga, received anonymous
telephoned death threats. MONUC offered to help investigate and urged
the Government to take all necessary action to ensure the security of
human rights NGOs and MONUC staff.
The Government generally cooperated with international NGOs that
published reports on human rights and humanitarian issues and permitted
their investigators access to conflict areas; however, the Government
did not take adequate steps to protect international human rights NGOs
from violence or harassment in the east. In January FARDC soldiers
attacked a UN vehicle; however, no additional information was
available.
On March 15, FARDC soldiers fired upon a missionary vehicle in
Ituri District, Orientale injuring one person. No further details were
known.
On April 9, Mai Mai Yakatumba members kidnapped eight members of an
international human rights NGO before releasing them a week later.
In several reports submitted in September 2009 to the UPRWG,
international human rights NGOs underscored concerns for the treatment
of human rights NGOs in the country. The International Foundation for
the Protection of Human Rights Defenders (Front Line) criticized the
Government for rarely conducting serious investigations of attacks
against human rights defenders. Front Line also noted that a national
plan for the protection and security of human rights defenders did not
exist. Front Line and Amnesty International recommended that the
Government protect the right of human rights defenders and lawyers to
conduct their work without hindrance, intimidation, or harassment;
ensure that abuses of activists or journalists were fully and promptly
investigated; and prosecute those found responsible.
The Government cooperated with multilateral organizations in many
instances. However, there were some notable problems. While authorities
continued to permit international humanitarian agencies access to
conflict areas, authorities denied the agencies access to certain
prisons located in these areas (see section 1.g.). They also continued
to consistently deny UNJHRO officers access to detainees in facilities
run by the ANR and the GR in numerous areas.
In addition, there was an increase in cases of members of state
security forces obstructing human rights work by MONUSCO and the UN
human rights country team. During the year FARDC units in the east,
comprised mainly of ex-CNDP members, consistently denied UNICEF child
protection officers access to children in their ranks and sometimes
threatened them (see section 1.g.).
Several senior UN officials visited the country during the year,
including a technical assessment team sent by UN secretary-general Ban
Ki-moon and led by Under Secretary-General for Peacekeeping Alain Le
Roy during part of its trip, the special representative of the UN
secretary-General on sexual violence in armed conflict, Margot
Wallstrom, and others.
Released in October, the UNOHCHR's human rights mapping report
identified options for addressing impunity in the country, including
judicial mechanisms, truth-seeking, institutional reform and vetting,
and reparations for victims. Deeming the report ``detailed and
credible,'' the Government was mostly in favor of the report and
initiated draft legislation in November on the creation of mixed
chambers to prosecute these crimes.
UN officials freely criticized actions by the Government during the
year. In its March 2009 report to the UNHRC, a group of seven UN
special rapporteurs and representatives made recommendations to the
Government regarding impunity, security sector reform, child soldiers,
women's rights, illegal exploitation of natural resources, the rights
of displaced persons in relation to land disputes and elections, health
care for marginalized groups, and the protection of human rights
defenders.
In June 2009, following an assessment visit at the invitation of
the Government, the UN special rapporteur on the situation of human
rights defenders, Margaret Sekaggya, issued a press statement
underlining that government authorities continued to subject human
rights activists to intimidation and harassment, mistreatment,
arbitrary arrest and detention, and ``illegitimate restrictions of
their right to core freedoms,'' including freedoms of movement, speech,
and association. Sekaggya noted that government authorities and
nonstate actors stigmatized human rights defenders as ``enemies'' or
``opponents.'' She stated that defenders were particularly endangered
when supporting victims of serious abuses, most notably sexual
violence; fighting impunity, particularly by supporting the work of the
ICC; and denouncing the illegal exploitation of natural resources.
Sekaggya expressed specific concern over ``the plight of women human
rights defenders whose activities are often hindered by authorities and
who may face discrimination from their male colleagues.''
Sekaggya urged the Government to investigate and prosecute all
abuses against human rights defenders and adopt national and provincial
laws, in consultation with human rights NGOs, to protect human rights
defenders. She added that the Government should openly ``give
legitimacy to the work of human rights defenders, including women
defenders, and acknowledge it as human rights work.'' Other
recommendations for the Government included sensitization training for
police and public condemnations of all attacks on rights workers.
Sekaggya also recommended that MONUC increase the staffing and
financial capacity of its human rights offices, and said the
international community should help the Human Rights Ministry's
programs and assist it in reestablishing offices in the provinces.
On September 24, the UNJHRO released a preliminary report on the
303 Walikale rapes that took place between July 30 and August 2 (see
section 1.g.). The UNJHRO found that, although MONUSCO maintained a
company operating base in the Kibua region during the incident, there
was no Congolese interpreter, and in spite of receiving reports of some
attacks, peacekeepers on patrols were unable to confirm the reports.
According to the report, 80 new troops had arrived on July 27 and 28
and had not yet received any training on civilian protection. The
UNJHRO recommended that the Government deploy its forces against the
rebel groups in these insecure zones, and that MONUSCO implement a
permanent training on the mandate of civilian protection and clarify
the tasks of the company and temporary operating bases providing the
necessary resources.
A November report by the UNGOE presented information on abuses
committed by government security forces and RMGs in the east. The UNGOE
highlighted that ``the involvement of criminal networks within the
FARDC in the illegal exploitation of natural resources has created a
conflict of interest with the army's constitutional security mandate.
This involvement has led to pervasive insubordination, competing chains
of command, failure to actively pursue armed groups, amounting in
certain cases to collusion, and neglect of civilian protection.''
The Government had not responded to several requests for
information from various UN human rights monitoring bodies in the past.
In addition, during the year the Government replied to a small
percentage of communications, including urgent appeals, from UN special
procedures (rapporteurs and representatives), according to the UNOHCHR.
However, several members of the UPRWG commended the Government for its
cooperation with the UNHRC in the Universal Periodic Review (UPR)
process, including its submission of a report in September 2009 to the
UNHRC following consultations with domestic NGOs.
On September 3 a coalition of 220 Congolese human rights
organizations issued a news release endorsing the UNOHCHR mapping
report and requesting that appropriate judicial mechanisms be put in
place to hold the perpetrators to account and bring justice for the
victims. According to one human rights activist, ``[the report]
responds to the lobbying we have done for a long time to re-establish
moral equilibrium in Congolese society based on the noble ideas of
justice, equality, peace, fraternity and national solidarity as defined
by our constitution.''
During the UNHRC's UPR process, numerous domestic human rights NGOs
and the Government underscored the need to establish a national human
rights commission, founded in law, distinct and separate from the
legislature and judiciary, with a broad mandate to protect and promote
human rights.
In January 2009 parliament created a human rights body, composed of
members from both legislative chambers, to investigate abuses by state
security forces. It was not clear how active, effective, or independent
the body was.
During the year the Government cooperated in some aspects with the
ICC, which continued investigations into war crimes and crimes against
humanity committed in the country since 2003. However, despite the ICC
indictment of General Ntaganda, the Government did not arrest and
transfer Ntaganda to the ICC during the year.
The UNJHRO reported that in 2008 authorities arrested Mathieu
Ngudjolo, a former senior FNI commander, and transferred him to the ICC
in The Hague. His war crimes and crimes against humanity charges
included murder, sexual slavery, and using child soldiers in
hostilities. During an ICC trial that opened in November 2009, Mathieu
Ngudjolo and Germain Katanga both pleaded not guilty to charges that
they directed an attack in 2003 on a village where 200 civilians were
killed. The trial continued at year's end.
Former Ituri militia leader Thomas Lubanga, whom the Government
surrendered to the ICC in 2006, pleaded not guilty to various charges
when the ICC began his trial in January 2009 for enlisting and
conscripting child soldiers. The prosecution ended its case in 2009,
and the trial was ongoing at year's end.
The Government continued to cooperate with the International
Criminal Tribunal for Rwanda (ICTR), which operated freely in areas
under government control, seeking several individuals indicted for
involvement in the 1994 Rwandan genocide, who they believed might be in
the DRC. In September 2009 the Government transferred Gregoire
Ndahimana, who had surrendered to authorities in August 2009, to the
ICTR in Arusha, Tanzania.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution prohibits discrimination based on ethnicity,
gender, or religion; however, the Government did not enforce these
prohibitions effectively, in part because it lacked appropriate
institutions.
Women.--The law criminalizes rape, but the Government did not
effectively enforce this law, and rape was common throughout the
country and especially pervasive in conflict areas in the east. Between
January and December 2009, the UNFPA reported 12,838 cases of sexual
violence against both adults and minors in North and South Kivu and
Province Orientale, with a total of 17,507 cases across the entire
country. Acccording to the UN secretary-general's 27th report to the UN
Security Council, more than 1,100 women and girls were raped each month
in the east alone (see section 1.g.). The law on sexual violence,
enacted in 2006, broadened the definition of rape to include male
victims, sexual slavery, sexual harassment, forced pregnancy, and other
sexual crimes not previously covered by law. It also increased
penalties for sexual violence, prohibits compromise fines and forced
marriage, allows victims of sexual violence to waive appearance in
court, and permits closed hearings to protect confidentiality. It
raised the age of sexual consent to 18 years old, although the family
code establishes that girls can marry at the age of 14. The minimum
penalty prescribed for rape is a prison sentence of five years.
Government security forces, nongovernmental armed entities, and
civilians perpetrated widespread and sometimes mass rape against women
and girls (see section 1.g.). In March 2009 the UN secretary-general
reported to the UN Security Council that members of nonstate armed
entities, the FARDC, and the police were responsible for 81 percent of
all reported cases of sexual violence in conflict zones and 24 percent
in nonconflict areas. The majority of cases were reported in North and
South Kivu. The report cited a ``disturbing increase of police
personnel involved as perpetrators, especially against women in
detention.'' The UNFPA, the agency coordinating efforts against sexual
violence in the country, estimated that 200,000 Congolese women and
girls had become victims of sexual violence since 1998. The number of
rapes committed during the year increased, according to UN officials,
foreign diplomats, and NGOs (see section 1.g.).
Statistical information on rape, often based on information from
the judiciary and agencies providing services to victims, remained
fragmented and incomplete. According to UN officials and NGOs such as
HRW, most statistics on sexual violence represented a small percentage
of the actual number and excluded victims who were unable, afraid, or
ashamed to seek assistance. On August 4, the Journal of the American
Medical Association published a study on sexual violence in Eastern
Congo covering the last 15 years of conflict in North and South Kivu
and Ituri, Orientale. According to the study, nearly 75 percent of
individuals in these regions experienced sexual violence, and 35
percent of these cases were conflict-related, with nearly 40 percent of
women in the conflict-related cases being the perpetrators, and more
than 20 percent of victims being men. The study found that only 2
percent of the perpetrators of gender-based violence in the last 15
years were FARDC members and that overwhelming numbers of civilians in
the conflict zone were suffering from symptoms associated with mental
illness, ranging from post-traumatic stress disorder to depression.
Prosecutions for rape and other types of sexual violence remained
rare. According to HRW, between January and August 2009 the military
justice system convicted 17 FARDC soldiers of crimes of sexual violence
in North Kivu Province. HRW and several other human rights groups
continued to criticize the Government for failing to investigate and
prosecute members of the state security forces, particularly high-
ranking officers, who were responsible for rape (see section 1.d.). Of
the 14,200 rape cases that were registered in South Kivu between 2005
and 2007, only 287, or 2 percent of the cases, were taken to court.
Both victims and the UNHRC's special rapporteur on violence against
women cited widespread impunity as the main reason for sexual violence.
Most victims did not have sufficient confidence in the justice system
to pursue formal legal action or feared subjecting themselves to
further humiliation and possible reprisal.
In December 2009 several members of the UPRWG commended the
Government for adopting the 2006 law on sexual violence but expressed
concern over the failure to implement the law and recommended increased
efforts to train judicial and law enforcement officials in its
application. Several members urged authorities to make greater efforts
to investigate and prosecute individuals, including high-ranking
members of the state security forces, who were responsible for rape.
In a report submitted in April 2009 to the UPRWG, the Women's
Synergy for Victims of Sexual Violence (SFVS) and nine other North
Kivu-based NGOs urged the Government to modify an existing law that
continued to make it extremely difficult for them to seek reparations
for sexual violence. The law requires victims of sexual violence to pay
the public treasury 15 percent of the amount of damages sought in
advance of any judgment. According to SFVS, in the rare instances in
which reparations were awarded, defendants bribed judges, resulting in
``lost'' case files, effectively preventing the payment of reparations
to victims. A group of special rapporteurs and representatives,
including the UN special rapporteur on violence against women reported
in March 2009 that the Government had been ordered by multiple courts
in the country to pay compensation to a number of women raped by state
security agents; however, none of the rape survivors had received
compensation.
In 2009 the UN special rapporteur on violence against women and the
special representative of the UN secretary-general on children and
armed conflict concluded that, while many perpetrators of sexual
violence were armed actors (including members of the FARDC, police, and
nonstate armed entities), a significant and increasing number were
civilians, not only in conflict zones but also in other regions. High-
level UN officials deemed this development a consequence of the climate
of impunity, absence of rule of law, and the normalization of violence
against women.
It was common for family members to pressure a rape victim to
remain silent, even to health care professionals, to safeguard the
reputations of the victim and her family.
Victims of gender-based violence faced an enormous social stigma.
After a sexual assault, many young women and girls were often labeled
as unsuitable for marriage, and married women were frequently abandoned
by their husbands.
Some families forced rape victims to marry the men who raped them
or to forego prosecution in exchange for money or goods from the
rapist.
Domestic violence against women occurred throughout the country.
For example, credible sources found that 86 percent of women in
Equateur Province were victims of domestic abuse; however, there were
few if any additional statistics available regarding the extent of
domestic abuse. Although the law considers assault a crime, it does not
specifically address spousal abuse, and police rarely intervened in
domestic disputes. There were no reports of judicial authorities taking
action in cases of domestic or spousal abuse.
Sexual harassment occurred throughout the country; however, no
statistics existed regarding its prevalence. The 2006 sexual violence
law prohibits sexual harassment, and the minimum penalty prescribed by
law is a prison sentence of one to 20 years; however, there was no
effective enforcement.
The Government respected the right of couples to decide freely and
responsibly the number, spacing, and timing of their children and to
have the information and means to do so free from discrimination,
coercion, and violence. However, women's access to contraception
remained extremely low, with only 6.7 percent of women using modern
contraceptive methods. According to the World Health Organization, the
maternal mortality rate for 2008 was 670 deaths per 100,000 live
births.
Women's access to treatment of sexually transmitted diseases, such
as HIV, was not known. Recent studies did not disaggregate by gender,
and the data was highly variable across geographic regions, reflecting
variations in cultural norms and access to health-care services. The
percentage of women seeking skilled medical assistance during
childbirth was 74 percent.
According to a demographic and health survey issued by the
Government in 2007, the average rate of pregnant women who received
prenatal care, predominantly from nurses and midwives, rose from 68
percent in 2001 to 85 percent in 2007. Medical assistance during
childbirth was not as prevalent as prenatal care, but access did
increase between 2001 and 2007. Education, socioeconomic status, place
of delivery (hospital or home), and geographic location had a
significant impact on who received postpartum care. Cultural barriers
were nonexistent except for the minority of women who belonged to Bunda
dia Mayala (formerly known as Bunda Dia Congo), a political and
religious movement in which adherents were sometimes prevented from
receiving vaccinations.
Women did not possess the same rights as men under the law or in
practice. The law requires a married woman to obtain her husband's
consent before engaging in legal transactions, including selling or
renting real estate, opening a bank account, or applying for a
passport. According to UNICEF, 69 percent of widows had been
dispossessed of their property. Under the law, women found guilty of
adultery may be sentenced to up to one year in prison; adultery by men
is subject to legal penalty only if judged to have ``an injurious
quality.''
In their March 2009 report to the UNHRC, seven UN special
rapporteurs and representatives expressed concern that, while the
family code recognizes equality between spouses, it ``effectively
renders a married woman a minor under the guardianship of her
husband,'' by stating that the wife must obey her husband; women
remained underrepresented in the democratic institutions.
Women experienced economic discrimination. The law forbids a woman
from working at night or accepting employment without her husband's
consent. According to the International Labor Organization (ILO), women
often received less pay in the private sector than men doing the same
job and rarely occupied positions of authority or high responsibility.
Children.--According to 2007 UNICEF data, 31 percent of children
were registered at birth. However, following the Government's adoption
of a National Plan of Action on Birth Registration in March 2009, child
birth registration increased in Kinshasa from 37 percent to 50 percent
by June 2009. Birth registration was lowest among ethnic minorities
such as Pygmies. The lack of registration did not affect access to
government services.
In practice primary school education was not compulsory, free, or
universal, and few functioning government-funded schools existed.
Fighting that resumed in 2008 in North Kivu between government and
rebel forces resulted in the closure of approximately 85 percent of all
schools in the area, according to UNICEF. Public and private schools
generally expected parents to contribute to teachers' salaries, and
parents typically funded 80 to 90 percent of school expenses. These
expenses, plus the potential loss of income or labor while their
children attended class, left many parents unable to enroll their
children. In September President Kabila ordered that fees required by
the Government for primary school children would no longer be required;
however, at year's end, parents were still paying fees.
Primary and secondary school attendance rates for girls were lower
because many parents preferred to send their sons to school, either for
financial or cultural reasons.
The majority of schools in conflict zones were dilapidated and had
been closed due to insecurity. Parents in such areas often prevented
their children from attending the few functioning schools due to fear
that armed entities would forcibly recruit their children, according to
reports received by the UN during the year.
In a report released in February 2009, the UNCRC welcomed the
Government's adoption in January 2009 of the child protection code,
which provides for the establishment of 180 juvenile tribunals.
However, the UNCRC expressed concern over the capacity of the
Government to implement the code's provisions, particularly in the
absence of an awareness raising campaign. The UNCRC urged the
Government to expedite implementation of child protection laws,
increase investment in law enforcement training on child protection,
adopt a comprehensive child protection action plan, establish a 24-hour
child helpline as a tool for children to seek assistance and lodge
complaints, establish a data base and coherent national programs for
refugee and internally displaced children, and swiftly improve juvenile
justice standards.
The law prohibits all forms of child abuse, but it was common.
There was no information about authorities arresting individuals for
child abandonment and abuse during the year.
The constitution prohibits parental abandonment of children for
alleged sorcery; however, such allegations resulted in abandonment and
abuse. The 2009 Child Protection Law provides for a sentence of
imprisonment for parents and other adults who accuse children of
witchcraft; however, authorities did not implement the law effectively.
Child abuse was an especially serious problem in the eastern
conflict regions. A 2008 report of the UN secretary-general on children
and armed conflict in the country concluded that children continued to
be the primary victims of the continuing conflict in the east.
In March 2009 a group of seven UN special rapporteurs and
representatives mandated by the UNHRC to assess human rights in the
country deemed it ``alarming'' that a significant percentage of the
victims of sexual violence committed throughout the country were girls,
and in some cases also boys. According to the UNFPA, of 17,507 new
cases of sexual violence registered in 2009 throughout the country, 48
percent of survivors were children. The report also underscored the
role of civilians in child rape, including in conflict zones where a
climate of near total impunity persisted. For example, of the 2,893
cases of child rape reported in conflict-affected Ituri District,
Orientale, between June 2007 and June 2008, UNICEF found that 42
percent of perpetrators were members of the state security forces or
nonstate armed entities and 58 percent were civilians. During the same
period, of the almost 2,000 cases of child rape reported in North Kivu,
70 percent of the perpetrators were members of the state security
forces or nonstate armed entities and 30 percent were civilians.
All parties to the conflict in the east were involved in the use of
child soldiers (see section 1.g.). During the year the UNCRC expressed
concern that children continued to be tried in military courts for
crimes allegedly committed while they were enrolled as child soldiers
in nongovernmental armed entities.
The law does not prohibit female genital mutilation (FGM).
According to the World Health Organization, isolated groups in the
north practiced FGM, and approximately 5 percent of women and girls
were victims.
The law prohibits marriage of girls under the age of 14 and boys
under the age of 18; however, marriages of girls as young as 13 years
old took place. Dowry payments greatly contributed to underage
marriage. In some cases parents married off a daughter against her will
to collect a dowry or to finance a dowry for a son. The sexual violence
law criminalizes forced marriage. It subjects parents to up to 12
years' hard labor and a fine of 92,500 Congolese francs (approximately
$103) for forcing a child to marry. The penalty doubles when the child
is under the age of 15. There were no reports of prosecutions for
forced marriage; no additional information was available.
The minimum age of consensual sex is 14 years old for women and 18
years old for men, and the 2006 law on sexual violence prohibits and
defines penalties for prostitution of minors; however, child
prostitution occurred throughout the country. There were no statistics
available regarding its prevalence. Many children engaged in
prostitution without third-party involvement, although some were forced
to do so. In the mining areas of Katanga, UNICEF reported that madams
forced girls between the ages of eight and 10 years old, known as
canetons (ducklings in French), into prostitution. According to HRW and
a local NGO, police in Kinshasa extorted sexual services from child
prostitutes.
In 2009, there were an estimated 8.4 million orphans and vulnerable
children in the country; 91 percent received no external support of any
kind, and only 3 percent received medical support. The country's
estimated 50,000 street children included many accused of witchcraft,
child refugees, and war orphans, as well as children with homes and
families. During the year, according to UNICEF, there were more than
20,000 street children in Kinshasa, of whom 26 percent were girls. Many
churches in Kinshasa conducted exorcisms of children accused of
witchcraft involving isolation, beating and whipping, starvation, and
forced ingestion of purgatives. According to UNICEF, there was a
practice of branding as witches children with disabilities or even
speech impediments and learning disabilities; this practice sometimes
resulted in parents abandoning their children. According to UNICEF, as
many as 70 percent of the street children they assisted claimed to have
been accused of witchcraft.
The Government was ill equipped to deal with large numbers of
homeless children. Citizens generally regarded street children as
delinquents engaged in petty crime, begging, and prostitution and
approved of actions taken against them. State security forces abused
and arbitrarily arrested street children (see sections 1.c. and 1.d.).
There were numerous reports that street children had to pay police
officers to be allowed to sleep in vacant buildings and had to share
with police a percentage of goods stolen from markets.
In February 2009 the UNCRC underscored its concern over the
frequency of sexual assaults committed against street children, as well
as state security forces' regular harassment, beating, and arrest of
street children. In addition the UNCRC expressed concern that
``violence against children accused of witchcraft is increasing, and
that children are being kept as prisoners in religious buildings where
they were exposed to torture and mistreatment, or even killed under the
pretext of exorcism.'' The UNCRC recommended that the Government take
effective measures to prevent children from being accused of
witchcraft, including by continuing and strengthening public awareness-
raising activities, particularly directed at parents and religious
leaders and by addressing root causes such as poverty. The UNCRC
further urged the Government to criminalize accusing children of
witchcraft, bring to justice persons responsible for violence against
children accused of sorcery, and take steps to recover and reintegrate
children accused of witchcraft.
Several NGOs worked effectively with MONUSCO and UNICEF to promote
children's rights throughout the country.
At year's end the country was not a party to the 1980 Hague
Convention on the Civil Aspects of International Child Abduction. For
information on international parental child abduction, please see the
Department of State's annual report on compliance at http://
travel.state.gov/abduction/resources/congressreport/congressreport--
4308.html.)
Anti-Semitism.--The country has a very small Jewish population, and
there were no reports of anti-Semitic acts.
Trafficking in Persons.--For information on trafficking in persons,
please see the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip.
Persons With Disabilities.--The law prohibits discrimination
against persons with disabilities; however, the Government did not
effectively enforce this provision, and persons with disabilities often
found it difficult to obtain employment, education, or government
services.
The law does not mandate access to buildings or government services
for persons with disabilities. Some schools for persons with
disabilities, including persons with visual disabilities, received
private funds and limited public funds to provide education and
vocational training.
During the year children with disabilities were accused of
witchcraft and subjected to abuse and abandonment (see section 6).
National/Racial/Ethnic Minorities.--Members of the country's more
than 400 ethnic groups practiced ethnic discrimination, and
discrimination was evident in hiring patterns in some cities. The
Government took no reported actions to address this problem.
State security forces in Kinshasa sometimes harassed, arbitrarily
arrested, or threatened members of ethnic groups from Equateur,
according to the UNJHRO. State security forces in North and South Kivu
sometimes harassed, arbitrarily arrested, or threatened members of many
different ethnic groups.
Discrimination against persons with albinism was widespread and
limited their ability to obtain employment, health care, and education,
or to marry. Persons with albinism were frequently ostracized by their
families and communities. According to a 2007 survey conducted in
Kisangani by the UN Development Program, 83 percent of parents of
albinos stated that their children were successful in school, but 47
percent said they felt humiliated by having albino children.
Between October and November 2009, in the South Ubangi District of
Equateur, ethnic violence between the Banzaya and Enyele clans (both of
the Lobala ethnic group) erupted over farming and fishing rights,
triggering a humanitarian crisis. After the district government
recognized a member of the Banzaya clan as interim tribal chief in the
village of Dongo in June 2009, members of the Enyele clan forced the
Government-recognized tribal chief to flee. When the chief returned
several months later with an armed police escort, Enyele clan members
reportedly killed approximately 45 police officers, which led to a
deployment of FARDC soldiers to address the Enyele insurgency and
stabilize the area. By year's end the clashes had resulted in several
civilian deaths, numerous internally displaced persons, and more than
140,000refugees, many of whom fled to the neighboring Republic of the
Congo and to the CAR.
Indigenous People.--The country had a population of between 200,000
and 500,000 Pygmies (Twa, Mbuti, Aka, and others), believed to be the
country's original inhabitants; the Government did not effectively
protect their civil and political rights, and societal discrimination
against them continued. Most Pygmies took no part in the political
process and continued to live in remote areas. During the year fighting
in the east between nonstate armed entities and government security
forces caused displacement of some Pygmy populations. Since 2003 many
Pygmies who had lived in IDP camps in the east were forced outside the
camps by other IDPs, removing their access to humanitarian relief
provided to camp residents.
In some areas traditional leaders (mwami) and wealthy persons
captured Pygmies and forced them into slavery. For 2009-2010, the World
Peasants/Indigenous Organization reported 644 new cases of enslavement
of Pygmies. Those captured were known as ``badja'' and were considered
the property of their masters. During 2008 the World Peasants/
Indigenous Organization conducted a three-month campaign to free such
individuals. In 2008, 96 Pygmy slaves were released; 46 of the group
belonged to families that had been enslaved for generations.
Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--There are no known laws
specifically prohibiting homosexuality or homosexual acts; however,
individuals engaging in public displays of homosexuality were subject
to prosecution under public decency provisions in the penal code and
articles in the 2006 law on sexual violence. On October 22, a law was
proposed in the national assembly that would impose significant fines
and jail terms on individuals engaging in homosexuality or groups
promoting or protecting homosexual behavior. No action had been taken
on the draft legislation by the end of the year. Homosexuality remained
a cultural taboo, and while harassment by state security forces
continued, there were no reports during the year of police harassing
gays and lesbians or perpetrating or condoning violence against them.
On September 6, in Kabare, South Kivu, authorities prevented a mob
from lynching a 21-year old woman accused of homosexual relations with
another villager.
Other Societal Violence or Discrimination.--There were no reports
of societal violence or discrimination based on HIV/AIDS status.
In 2008 President Kabila promulgated a law passed by parliament
that prohibits discrimination against persons with HIV/AIDS.
Section 7. Worker Rights
a. The Right of Association.--The constitution provides all
workers, except government officials and members of the state security
forces, the right to form and join trade unions without prior
authorization or excessive requirements. The extent to which the
Government protected this right in practice was limited. According to
NGO reporting, of an estimated 24 million adults of working age,
128,000 employees in the private sector (0.5 percent) belonged to
unions. No information was available regarding the number of union
members in the public sector. The informal sector, including
subsistence agriculture, constituted at least 90 percent of the
economy. The law provides for the right of unions to conduct activities
without interference and to bargain collectively; however, the
Government did not always protect these rights.
In August an assessment of the country's trade union and worker
freedoms by international NGO Freedom House found significant
restrictions on labor rights and that the labor rights environment was
``repressive.''
Private companies often registered bogus unions to create confusion
among workers and discourage real ones from organizing. According to
NGO reporting, many of the nearly 400 unions in the private sector had
no membership and had been established by management, particularly in
the natural resources sector.
The constitution provides for the right to strike, and workers
sometimes exercised it. In small and medium-sized businesses, workers
could not exercise this right effectively in practice. With an enormous
unemployed labor pool, companies and shops could immediately replace
any workers attempting to unionize, collectively bargain, or strike.
The law requires unions to have prior consent from the Ministry of
Labor and to adhere to lengthy mandatory arbitration and appeal
procedures before striking. The law prohibits employers and the
Government from retaliating against strikers; however, the Government
did not enforce this law in practice.
b. The Right to Organize and Bargain Collectively.--While a 2002
law provides for the right to organize and for collective bargaining,
collective bargaining was ineffective in practice. The Government set
public sector wages by decree, and unions were permitted to act only in
an advisory capacity. Most unions in the private sector collected dues
from workers but did not succeed in engaging in collective bargaining
on their behalf.
The law prohibits discrimination against union employees, although
authorities did not enforce this regulation effectively, and antiunion
discrimination occurred in practice. The law also requires employers to
reinstate workers fired for union activities.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor.--The constitution
prohibits forced or compulsory labor, including by children; however,
although no statistics were available, both were practiced throughout
the country. The Government did not effectively enforce laws
prohibiting forced or compulsory labor.
Men, women, and children were coerced into forced labor and sexual
exploitation. Children were prostituted in brothels or by loosely
organized networks. An estimated tens of thousands of children worked
in the mining sector, most often in extremely dangerous conditions as
artisanal miners. In the east, FARDC elements and RMGs continued to
abduct and forcibly recruit men, women, and children to serve as
laborers (including in mines), porters, domestics, combatants, and sex
slaves (see section 1.g.).
Some police officers in the east reportedly arrested individuals
arbitrarily in order to extort money from them; those who could not pay
were forced to work until they had ``earned'' their freedom.
Government security forces continued to force men, women, and
children, including IDPs and prisoners, to serve as porters, mine
workers, and domestic laborers (see sections 1.c., 1.g., 6, and 7.d.).
In addition, according to the UNGOE report of November, in Mushake,
Masisi, ex-CNDP FARDC soldiers ``enforce salongo, whereby civilians are
required to build houses, clean camps, and transport merchandise for
the military.''
The military took no action against FARDC soldiers who used forced
labor and abducted civilians for forced labor during the year, in 2009
or in 2008.
In the mining sector, middlemen and dealers acquired raw ore from
unlicensed miners in exchange for tools, food, and other products.
Miners who failed to provide sufficient ore became debt slaves, forced
to continue working to pay off arrears. The Government did not attempt
to regulate this practice.
Armed entities operating outside central government control
subjected civilians, including children, to forced labor, including
sexual slavery (see section 1.g.). Also see the Department of State's
annual Trafficking in Persons Report at www.state.gov/g/tip.
d. Prohibition of Child Labor and Minimum Age for Employment.--
There were laws to protect children from exploitation in the workplace;
however, government agencies did not effectively enforce child labor
laws. Child labor remained a problem throughout the country, including
forced child labor. Although there was at least one report of a large
enterprise using child labor during the year, it was much more common
in the informal sector, particularly in mining and subsistence
agriculture. For economic survival, families often encouraged children
to work in order to earn money. According to the Ministry of Labor,
children continued to work in mines and stone quarries, and as child
soldiers, water sellers, domestic servants, and entertainers in bars
and restaurants.
Although the minimum age for full-time employment without parental
consent is 18 years old, employers may legally hire minors between the
ages of 15 and 18 with the consent of a parent or guardian. Those under
the age of 16 may work a maximum of four hours per day. All minors are
restricted from transporting heavy items.
According to data collected by UNICEF in surveys between 1999 and
2007, approximately 32 percent of children between the ages of five and
14 were involved in child labor. UNICEF considered children to be
involved in labor if, during the week preceding the survey, a child who
was five to 11 years old performed at least one hour of economic
activity or at least 28 hours of domestic work or a child who was 12 to
14 years old performed at least 14 hours of economic activity or at
least 28 hours of domestic work.
Criminal courts continued to hear child labor complaints. State
security forces and nonstate armed entities in conflict-affected areas
in the east used children, including child soldiers, for forced labor
in mines (see section 1.g.). However, the use of forced child labor by
state security forces was not limited to conflict zones. For example,
in October 2009 UNICEF reported that soldiers in Katanga forced
children and adults to mine and transport heavy loads for them.
Children made up as much as 30 percent of the work force in the
informal (``artisanal'') mining sector. In mining regions of the
provinces of Katanga, Kasai Occidental, Orientale, and North and South
Kivu, children performed dangerous mine work, often underground. In
many areas of the country, children who were five to 12 years old broke
rocks to make gravel for a small wage. In October 2009 a foreign
diplomat observed children breaking stones and carrying heavy loads in
a stone quarry on the compound of the Government-owned Gecamines mining
company in Kipushi, Katanga. According to the Solidarity Center, during
the year there was an increase in the number of children working in the
Kolwezi mines in southern Katanga. Catholic Relief Services in Katanga
reported that the local population, including children, were drawn to
mining work, largely due to the lack of alternative sources of income
and the higher salaries offered in the mining sector.
Child prostitution, including forced prostitution, was practiced
throughout the country (see section 6). Also see the Department of
State's annual Trafficking in Persons Report at www.state.gov/g/tip.
In addition children were used to extract copper, cobalt, and gold.
In the east, armed entities forced children to mine coltan, tungsten
ore, and cassiterite.
Parents often used children for dangerous and difficult
agricultural labor. Children sent to relatives by parents who could not
support them sometimes effectively became the property of those
families, who subjected them to physical and sexual abuse.
The Ministry of Labor has responsibility for investigating child
labor abuses but had no dedicated child labor inspection service. The
Ministry of Labor had yet to develop a national action plan to
comprehensively address child labor. Other government agencies
responsible for combating child labor included the Ministry of Gender,
Family and Children, the Ministry of Social Affairs, and the National
Committee to Combat Worst Forms of Child Labor. These agencies had no
budgets for inspections and conducted no investigations during the
year.
In 2009, government officials participated in a tripartite dialogue
on child labor in Katanga with unions, enterprises, and the ILO. The
effort was part of an ILO program, conducted in cooperation with
government officials, designed to withdraw children from industrial and
artisanal mining, improve working conditions for diggers, and eradicate
child labor. Due to a lack of funding, the ILO closed its office in
Lubumbashi shortly after the tripartite talks.
In November 2009 the ILO recommended that the Government focus on
creating employment opportunities, strengthening the skills of women,
enrolling children in school, and reducing the country's reliance on
imports in order to bolster the fight against child labor. There was no
further progress on these recommendations; some children who had been
removed from the mines through an anti-child labor project returned to
the mines due to lack of support.
e. Acceptable Conditions of Work.--Employers in the informal sector
often did not respect the legally required minimum wage of 1,680
Congolese francs (approximately $1.86) per day. The average monthly
wage did not provide a decent standard of living for a worker and
family. Government salaries remained low, ranging from 45,000 to 75,000
Congolese francs (approximately $50 to $82) per month, and salary
arrears were common in both the civil service and public enterprises
(parastatals). More than 90 percent of laborers worked in subsistence
agriculture, informal commerce or mining, or other informal pursuits.
The law defines different standard workweeks, ranging from 45 to 72
hours, for various jobs. The law also prescribes rest periods and
premium pay for overtime, but employers often did not respect these
provisions in practice. The law establishes no monitoring or
enforcement mechanism, and businesses often ignored these standards in
practice.
The law specifies health and safety standards; however, government
agencies did not effectively enforce them. The law does not provide
workers the right to remove themselves from dangerous work situations
without jeopardizing their employment.
According to the NGO Pact, an estimated 10 million miners worked in
the informal sector nationwide and up to 16 percent of the population
may have indirectly relied on so-called artisanal, or small-scale,
mining. Many suffered violence from guards and state security forces
for illegally entering mining concessions.
__________
REPUBLIC OF THE CONGO
The Republic of the Congo, with a population of 3.7 million, is a
parliamentary republic in which most of the decision-making authority
and political power is vested in the president and his administration.
Denis Sassou Nguesso was reelected president in a July 2009 election
with 78 percent of the vote. The country has a multiparty political
system although members of the president's Congolese Labor Party (PCT)
occupy most senior government positions. The 2009 election was peaceful
and the African Union declared the elections to have been free and
fair; however, opposition candidates and nongovernmental organizations
(NGOs) cited irregularities. There were instances in which elements of
the security forces acted independently of civilian control.
Principal human rights problems included suspected killings of
detainees by security forces; mob violence; beatings and other physical
abuse of detainees; rapes; theft; solicitation of bribes; harassment
and extortion of civilians by unidentified armed elements; poor prison
conditions; official impunity; arbitrary arrest; lengthy pretrial
detention; an ineffective and under-resourced judiciary; infringement
of citizens' privacy rights; restrictions on freedom of speech, press,
association, and movement; official corruption and lack of
transparency; domestic violence, including rape; societal
discrimination against women; trafficking in persons; discrimination on
the basis of ethnicity, particularly against Pygmies; and child labor.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life.--The Government or
its agents did not commit any politically motivated killings. Prison
security personnel allegedly tortured an inmate to death (see section
1.c).
There were no further developments in the January 2009 death in a
suspicious house fire of journalist and activist Bruno Jacquet Ossebi,
known for his outspoken coverage of government corruption. The death
was officially declared an accident and there was no investigation.
Local inhabitants frequently took the law into their own hands to
punish persons presumed or known to be police or military personnel who
looted civilian residences. The results were death or serious injury.
Such incidents were most common in remote areas.
b. Disappearance.--There were no reports of politically motivated
disappearances.
By year's end no investigation had been conducted into the
disappearance of two prisoners, Beni Alex Yandi and Bien Godja, who
were assumed to have been victims of extrajudicial execution. The two
were detained at the central police station in Brazzaville in October
and December 2009 respectively.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution and law prohibit such practices; however,
on September 8, army Lieutenant Ferdinand Bourangon died of torture-
induced injuries allegedly perpetrated in Brazzaville's prison. Other
unnamed prisoners were also allegedly tortured. No disciplinary action
was taken against prison personnel. On December 23, three Congolese
human rights NGOs announced their intention to file a lawsuit against
the prison's warden, a prison driver, and a police captain for crimes
including torture, assault, and murder. The three NGOs were:
Association pour les Droits de l'Homme et l'Univers Caceral, Forum pour
le Gouvernance et les Droits de Homme, and Obsevatoire Congolaise des
Droits de l'Homme.
Several additional cases of alleged torture were reported by local
NGOs. Bradi Oboromalekou was arrested in June for selling cannabis and
possessing a weapon. While incarcerated, he reportedly was handcuffed
behind his back and was continually tortured for two weeks in the Jean
Francois Ndengue Commissariat.
In December 2009 Jomael Batantou was arrested and accused of theft
after refusing to continue paying a local sergeant a daily ransom.
According to local NGOs, he was handcuffed behind his back for two
weeks and tortured in the Ouenze Mampassi Commissariat. His release
from detention was secured after paying 50,000 CFA ($101) to the
Commissariat in May.
Prison and Detention Center Conditions.--Prison and detention
center conditions were harsh and life-threatening. Most inmates slept
on the floor on cardboard or thin mattresses in small overcrowded
cells, exposing them to disease. The prisons lacked any significant
ventilation, had poorly maintained lighting, had wiring protruding from
the walls, and had regular occurrences of plumbing backing up into
prisoners' cells. Basic and emergency medical care was limited, and
meaningful access to social services personnel was severely limited due
to understaffed personnel and the overcrowded prison population.
Out of six prisons, two, one in Brazzaville and one in Pointe
Noire, were fully operational during the past two years. Other
facilities stopped operating at full capacity in 2008 due to physical
deterioration of their premises. By year's end the prison population
was approximately 1,000, the majority of whom were awaiting trial for
assault and robbery. At year's end the Brazzaville prison, which was
built in 1943 to hold up to 150 prisoners, held approximately 600,
including 14 women and 11 minors. The Pointe Noire prison, built in
1940, held 300 prisoners. In the Dolisie prison there were 40 to 50
prisoners. The prisons in Mouyondzi and Sibiti held approximately 30
prisoners each. There were approximately 30 more prisoners being held
temporarily in the police station in Owando in anticipation of the
completion of renovations to the local prison. All of the prisons were
remnants of the country's colonial era.
Inmates in Brazzaville's prison were supposed to receive two meals
per day. Due to lack of funds, however, inmates in other prisons
received one meal per day.
Separate facilities were maintained for women and men. Juveniles
were held in a separate wing in Brazzaville's prison, but security
measures were insufficient to maintain their isolation from the general
prison population. Pretrial detainees were held with convicted
prisoners. Prisoners with infectious diseases were kept in one cell,
but allowed to interact with other inmates. Most of the cells had a
functioning television with cable.
Access to prisoners was conditional on obtaining a communication
permit from a judge. The permit allows visitors to spend 10-15 minutes
with a prisoner. The visits took place in a small room that held one
extended table at which approximately 10 detainees at a time might sit
and converse with their visitors. A new permit is required for each
subsequent visit with a prisoner. The families of many prisoners were
located outside of the cities in which the prisons were located and
visits were often infrequent because of the financial hardship involved
in traveling to the prison.
The Government continued to grant access to prisons and detention
centers to domestic and international human rights groups. During the
year local human rights groups and NGOs regularly visited prisons and
detention centers.
Prisoners and detainees were permitted religious observance.
Religious-based charitable organizations visited prisons and detention
centers for charitable actions and religious support. Prisoners and
detainees are supposed to be allowed to submit complaints to judicial
authorities, but in practice this right was not respected. There was no
provision for an ombudsman, but defendants with sufficient personal
wealth were able to hire private attorneys to serve on their behalf to
consider alternatives to incarceration or to alleviate inhumane
conditions.
Prior to a trial the Government is obligated to provide legal
assistance to detainees who lack the financial resources to hire a
private attorney, but this was not done in practice. The Government
neglected to pay its public defenders, and consequently there was a
dearth of legal representation for detainees with limited means. The
Government investigated and monitored prison conditions at the request
of local NGOs following complaints from prisoners' and detainees'
families. However, little was done to address the penal system's
failure to ensure due process for its detainees.
Three minors in the Brazzaville prison were detained for eight
months without access to a lawyer and without their cases being heard
by a judge. Another detainee was reportedly held for 24 months without
being called before a judge.
d. Arbitrary Arrest or Detention.--The constitution and law
prohibit arbitrary arrest and detention. However, members of the
security forces unreasonably and arbitrarily detained persons for minor
and often imaginary offenses, mostly traffic related, and required them
to pay bribes on the spot as a condition for release.
In 2009 a number of politically motivated arrests occurred in
Brazzaville related to the July 2009 presidential elections (see
section 1.e.).
In December 2009 Bienvenu Woko was arrested and kept in prison for
six months without access to a lawyer or to a member of his family
despite the Penal Code's stipulation that detainees cannot be detained
for more than 72 hours without being granted access to a lawyer or to a
family member.
The representative of a local NGO, the Association Nationale des
Gardiens de la Paix, was unlawfully arrested on October 26 by the Chief
of the Central Police Station Colonel Jacques Antoine Bouity, after
questioning the prison situation and the application of the Penal Code
within the various detention centers and prisons.
Role of the Police and Security Apparatus.--The security forces
include the police, a paramilitary unit known as the gendarmerie, and
the military. The police and the gendarmerie are responsible for
maintaining internal order, with police primarily in cities and the
gendarmerie mainly in other areas. Military forces are responsible for
territorial security, but some units also have domestic security
responsibilities, such as the specialized Republican Guard battalion
charged with the protection of the president, government buildings and
diplomatic missions. The minister of defense oversees the military
forces and the gendarmerie, and the minister of the interior and
decentralization oversees the police.
A police unit under the Ministry of Interior and Decentralization
is responsible for patrolling frontiers. Another military unit, the
military police, is under the minister of defense and composed of
military and police officers responsible for investigating professional
misconduct by members of any of the security forces. Overall,
professionalism of the security forces continued to improve, in large
part due to training by the international law enforcement community.
The Government generally maintained effective control over the security
forces; however, there were members of the security forces who acted
independently of government authority, committed abuses, and engaged in
malfeasance.
Traffic police extorted bribes from drivers under threat of
impoundment of their vehicles. Although the Human Rights Commission
(HRC) was established for the public to report security force abuses,
impunity for members of the security forces remained widespread.
Arrest Procedures and Treatment While in Detention.--The
constitution and law require that warrants be issued by a duly
authorized official before arrests are made, that a person be
apprehended openly, that a lawyer be present during initial
questioning, and that detainees be brought before a judge within three
days and either charged or released within four months. However, the
Government habitually violated these provisions. There is a system of
bail, but, with 70 percent of the population earning an income below
the poverty level, most detainees could not afford to post bail.
Detainees generally were informed of charges against them at the time
of arrest, but formal charges often took at least one week to be filed.
Police at times held persons for six months or longer prior to the
filing of charges due to administrative errors or delays in processing
detainees. Most delays were attributed to lack of staff in the Ministry
of Justice and court system. Family members usually were given prompt
access to detainees, and indigent detainees were provided lawyers at
government expense.
Arbitrary arrest continued to be a problem. These were perpetrated
most often against vehicle operators (mainly taxi drivers) by police,
gendarmes, or soldiers. Immigration officials also routinely stopped
persons and threatened them with arrest, claiming they lacked some
required document, were committing espionage, or on some other pretext
to extort funds. Most often these incidents resulted in the bribe being
paid; if not, the person was detained at a police station (or the
airport) until either a bribe was paid or pressure was placed on
authorities to release the individual.
In late 2009 a high-profile arrest of international employees of
the petroleum company Chevron highlighted the danger of politically
motivated arrests. Members of an auditing team were arrested and
detained for several months without being formally charged. High level
negotiations between Chevron and the Government eventually led to the
release of the employees, but the problem of intimidation existed at
all levels.
Following the July 2009 elections, the arrests of opposition
members Malgala Sabin, Douniama-Etou Jean Ferenzi, and Ernest Ngalou
were widely perceived to be politically motivated. Their cases were not
brought to court and all three individuals were released. However, the
opposition believes that legal procedure was inappropriately
implemented and these individuals could be arrested at a future date
for the same crimes.
General Ferdinand Mbaou, a loyalist of self-exiled former
opposition leader Pascal Lissouba, was released from custody in January
after being arrested in July 2009 upon his return to Brazzaville from
exile in France.
Lengthy pretrial detention due to judicial backlogs was a problem.
Pretrial detainees continued to constitute the majority of the prison
population. On average detainees waited six months or longer before
going to trial.
e. Denial of Fair Public Trial.--Although the constitution and law
provide for an independent judiciary, the judiciary continued to be
overburdened, underfunded, and subject to political influence and
corruption.
In rural areas traditional courts continued to handle many local
disputes, particularly property and inheritance cases, and domestic
conflicts that could not be resolved within the family.
The Martial Court, a military tribunal system, established to try
criminal cases involving military members, gendarmerie, or police, does
not try civilians. The court was believed to be subject to influence
and corruption. As part of an investigation into corrupt military
payroll practices, the Martial Court continued to garnish the salaries
of more than 500 current and former military personnel to recover
misappropriated funds.
Trial Procedures.--The constitution provides for the right to a
fair trial presided over by an independent judiciary, and the
Government generally respected judicial independence in practice. The
legal caseload, however, far exceeded the capacity of the judiciary to
ensure fair and timely trials, and most complaints never reached the
court system. The Court of Justice has held 111 criminal trials since
2008, when the court ceased to function at normal capacity due to
funding and resource constraints. The court resumed its former caseload
and processed 84 criminal cases during the year, including cases of
misappropriation of public money, murder, rape, armed robbery,
infanticide, indecent assault, and arson. In general when trials
occurred prior to 2008, and in 2010 when the Court resumed its normal
functional state, defendants were tried in a public court of law
presided over by a state-appointed magistrate. Juries were used.
Defendants had the right to be present at their trial and to consult
with an attorney in a timely manner. An indigent defendant facing
serious criminal charges was entitled to an attorney at public expense,
although this did not always occur in practice. Defendants could
confront or question accusers and witnesses against them and present
witnesses and evidence on their own behalf. The defense had access to
prosecution evidence. Defendants were presumed innocent and had the
right of appeal. In principle the law extended the above rights to all
citizens and the Government generally abided by these provisions.
Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees. Political prisoners may be detained
for up to two months, and this period may be extended to three months
by a judge. In practice these laws were not always observed, and the
few known political prisoners were sometimes detained for up to six
months or longer.
Civil Judicial Procedures and Remedies.--In contrast to the
criminal courts, the civil court system operates more effectively.
Individuals can file a lawsuit in court on civil matters related to
human rights, including seeking damages or cessation of a human rights
violation; however, no such cases were known to exist. The public
generally lacked confidence in the judicial system as a means to
address human rights issues.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The constitution and law prohibit such actions and the
Government generally respected these prohibitions.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The constitution and law provide
for freedom of speech and of the press, but also criminalize certain
types of speech, such as incitement of ethnic hatred, violence, or
civil war. The Government at times limited freedom of speech and press.
These freedoms continued to decline during the year, according to
international NGO Freedom House. Broadcast journalists and government
print media journalists practiced self-censorship. The nongovernment
print media experienced few constraints, as long as their reporting
stayed only in print form and was not broadcast.
Individuals could criticize the Government publicly or privately
without reprisal on relatively minor issues. However, persons feared
reprisal if they named high-level officials while criticizing
government policies. The Government generally did not proactively
attempt to impede criticism by, for example, monitoring political
meetings, but sometimes punished critics after the fact. Two private
newspapers, Le Choc and Le Trottoir, were both ordered to close in May
for publishing ``illicit'' photographs of French President Nicolas
Sarkozy and reporting without checking facts. Both newspapers were
allowed to resume circulation after two and three month suspensions,
respectively.
There was one state-owned newspaper, La Nouvelle Republique, and
several publications which were closely allied with the Government.
There were 40 private weekly newspapers in Brazzaville that criticized
the Government. Newspapers occasionally published open letters written
by government opponents. The print media did not circulate widely
beyond Brazzaville and Pointe Noire.
Most citizens obtained their news from radio or television, and in
rural areas primarily from government-controlled radio. There were
three privately owned radio stations, all progovernment, three
government-owned radio stations, and one government-owned television
station. There were four privately owned television stations; two of
the four stations were sometimes critical of the Government. Several
satellite television services were available for the few who could
afford to watch them.
Government journalists were not independent and were expected to
report positively on government activities. However, unlike the
previous year, there was no evidence that there were adverse
consequences when government journalists deviated from this guidance.
A number of journalists based in Brazzaville represented
international media. There were no confirmed reports of the Government
revoking journalists' accreditations if their reporting reflected
adversely on the Government's image; however, the Government did not
repeal the policy that allowed for such revocation. This policy
affected journalists employed by both international and government-
controlled media. Local private journalists were not affected.
The press law provides for monetary penalties for defamation and
incitement to violence.
Internet Freedom.--There were no government restrictions on access
to the Internet or reports that the Government monitored e-mail or
Internet chat rooms. Individuals and groups could engage in the
peaceful expression of views via the Internet, including by e-mail.
According to International Telecommunication Union statistics for 2008,
approximately 4 percent of the country's inhabitants used the Internet.
A greater proportion of the public, especially youth, was accessing the
Internet more frequently. However, only the most affluent could afford
to access the Internet in their own homes, and the rest of the
population used cyber cafes. There were no known documented attempts by
the Government to collect personally identifiable information via the
Internet.
Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.
b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The constitution and law provide for freedom of assembly,
and the Government generally respected this right in practice.
Groups that wished to hold public assemblies were required to seek
authorization from the Ministry of Interior and Decentralization and
appropriate local officials, who could withhold authorization for
meetings that they claimed might threaten public order. Unlike the
previous year, the Government respected this right in practice.
Freedom of Association.--The constitution and law provide for
freedom of association, and the Government generally respected the
right of most groups to associate. Groups or associations--political,
social, or economic--were generally required to register with the
Ministry of Territorial Administration. Registration could sometimes be
subject to political influence. There were no reports of discriminatory
practices that targeted any particular group.
c. Freedom of Religion.--For a description of religious freedom,
please see the 2010 International Religious Freedom Report at
www.state.gov/g/