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107th Congress                                                  S. Prt.
                         JOINT COMMITTEE PRINT                  
 1st Session                                                    107-32
_______________________________________________________________________

                                     

 
                    COUNTRY REPORTS ON HUMAN RIGHTS
                           PRACTICES FOR 2000
                                VOLUME I

                               __________

                              R E P O R T

                            SUBMITTED TO THE

                     COMMITTEE ON FOREIGN RELATIONS

                              U.S. SENATE

                                AND THE

                  COMMITTEE ON INTERNATIONAL RELATIONS

                     U.S. 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

                                     
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                   U.S. GOVERNMENT PRINTING OFFICE
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                     COMMITTEE ON FOREIGN RELATIONS

                JOSEPH R. BIDEN, Jr, Delaware, Chairman
PAUL S. SARBANES, Maryland           JESSE HELMS, North Carolina
CHRISTOPHER J. DODD, Connecticut     RICHARD G. LUGAR, Indiana
JOHN F. KERRY, Massachusetts         CHUCK HAGEL, Nebraska
RUSSELL D. FEINGOLD, Wisconsin       GORDON H. SMITH, Oregon
PAUL D. WELLSTONE, Minnesota         BILL FRIST, Tennessee
BARBARA BOXER, California            LINCOLN D. CHAFEE, Rhode Isdland
ROBERT G. TORRICELLI, New Jersey     GEORGE ALLEN, Virginia
BILL NELSON, Florida                 SAM BROWNBACK, Kansas
JOHN D. ROCKEFELLER IV, West         MICHAEL B. ENZI, Wyoming
    Virginia
                     Edwin K. Hall, Staff Director
            Patricia A. McNerney, Republican Staff Director
                                 ------                                

                  COMMITTEE ON INTERNATIONAL RELATIONS

                   HENRY J. HYDE, Illinois, Chairman
BENJAMIN A. GILMAN, New York         TOM LANTOS, California
JAMES A. LEACH, Iowa                 HOWARD L. BERMAN, California
DOUG BEREUTER, Nebraska              GARY L. ACKERMAN, New York
CHRISTOPHER H. SMITH, New Jersey     ENI F.H. FALEOMAVAEGA, American 
DAN BURTON, Indiana                      Samoa
ELTON GALLEGLY, California           DONALD M. PAYNE, New Jersey
ILEANA ROS-LEHTINEN, Florida         ROBERT MENENDEZ, New Jersey
CASS BALLENGER, North Carolina       SHERROD BROWN, Ohio
DANA ROHRABACHER, California         CYNTHIA A. McKINNEY, Georgia
EDWARD R. ROYCE, California          EARL F. HILLIARD, Alabama
PETER T. KING, New York              BRAD SHERMAN, California
STEVE CHABOT, Ohio                   ROBERT WEXLER, Florida
AMO HOUGHTON, New York               JIM DAVIS, Florida
JOHN M. McHUGH, New York             ELIOT L. ENGEL, New York
RICHARD BURR, North Carolina         WILLIAM D. DELAHUNT, Massachusetts
JOHN COOKSEY, Louisiana              GREGORY W. MEEKS, New York
THOMAS G. TANCREDO, Colorado         BARBARA LEE, California
RON PAUL, Texas                      JOSEPH CROWLEY, New York
NICK SMITH, Michigan                 JOSEPH M. HOEFFEL, Pennsylvania
JOSEPH R. PITTS, Pennsylvania        EARL BLUMENAUER, Oregon
DARRELL E. ISSA, California          SHELLEY BERKLEY, Nevada
ERIC CANTOR, Virginia                GRACE NAPOLITANO, California
JEFF FLAKE, Arizona                  ADAM B. SCHIFF, California
BRIAN D. KERNS, Indiana              DIANE E. WATSON, California
JO ANN DAVIS, Virginia
         Thomas E. Mooney, Sr., Staff Director/General Counsel
               Robert R. King, Democratic Staff Director
      Kristin Gilley, Senior Professional Staff Member and Counsel

                                  (ii)

  


                            C O N T E N T S

                              ----------                              
                                                                   Page

Foreword.........................................................   vii

Letter of Transmittal............................................    ix

Preface..........................................................    xi

Overview and Acknowledgments.....................................  xiii

Introduction.....................................................  xvii

                                Volume I

Africa:
    Angola.......................................................     1
    Benin........................................................    16
    Botswana.....................................................    25
    Burkina Faso.................................................    36
    Burundi......................................................    46
    Cameroon.....................................................    59
    Cape Verde...................................................    85
    Central African Republic.....................................    91
    Chad.........................................................   103
    Comoros......................................................   115
    Congo, Democratic Republic of................................   122
    Congo, Republic of...........................................   156
    Cote d'Ivoire................................................   166
    Djibouti.....................................................   193
    Equatorial Guinea............................................   204
    Eritrea......................................................   215
    Ethiopia.....................................................   228
    Gabon........................................................   253
    Gambia, The..................................................   262
    Ghana........................................................   272
    Guinea.......................................................   294
    Guinea-Bissau................................................   310
    Kenya........................................................   317
    Lesotho......................................................   345
    Liberia......................................................   353
    Madagascar...................................................   367
    Malawi.......................................................   374
    Mali.........................................................   382
    Mauritania...................................................   391
    Mauritius....................................................   407
    Mozambique...................................................   415
    Namibia......................................................   433
    Niger........................................................   446
    Nigeria......................................................   455
    Rwanda.......................................................   479
    Sao Tome and Principe........................................   493
    Senegal......................................................   496
    Seychelles...................................................   507
    Sierra Leone.................................................   513
    Somalia......................................................   524
    South Africa.................................................   537
    Sudan........................................................   557
    Swaziland....................................................   579
    Tanzania.....................................................   588
    Togo.........................................................   608
    Uganda.......................................................   622
    Zambia.......................................................   642
    Zimbabwe.....................................................   656

East Asia and the Pacific:
    Australia....................................................   683
    Brunei.......................................................   693
    Burma........................................................   700
    Cambodia.....................................................   723
    China (includes Hong Kong and Macau).........................   736
    China (Taiwan only)..........................................   824
    East Timor...................................................   836
    Fiji.........................................................   846
    Indonesia....................................................   858
    Japan........................................................   899
    Kiribati.....................................................   912
    Korea, Democratic People's Republic of.......................   914
    Korea, Republic of...........................................   927
    Laos.........................................................   938
    Malaysia.....................................................   950
    Marshall Islands.............................................   985
    Micronesia, Federated States of..............................   989
    Mongolia.....................................................   992
    Nauru........................................................   999
    New Zealand..................................................  1002
    Palau........................................................  1008
    Papua New Guinea.............................................  1012
    Philippines..................................................  1017
    Samoa........................................................  1036
    Singapore....................................................  1040
    Solomon Islands..............................................  1054
    Thailand.....................................................  1062
    Tonga........................................................  1076
    Tuvalu.......................................................  1079
    Vanuatu......................................................  1082
    Vietnam......................................................  1085

                               Volume II

Europe:
    Albania......................................................  1107
    Andorra......................................................  1118
    Armenia......................................................  1121
    Austria......................................................  1137
    Azerbaijan...................................................  1147
    Belarus......................................................  1164
    Belgium......................................................  1192
    Bosnia and Herzegovina.......................................  1200
    Bulgaria.....................................................  1223
    Croatia......................................................  1241
    Cyprus.......................................................  1260
    Czech Republic...............................................  1271
    Denmark......................................................  1290
    Estonia......................................................  1294
    Finland......................................................  1302
    France.......................................................  1306
    Georgia......................................................  1318
    Germany......................................................  1341
    Greece.......................................................  1355
    Hungary......................................................  1371
    Iceland......................................................  1383
    Ireland......................................................  1390
    Italy........................................................  1399
    Kazakhstan...................................................  1407
    Kyrgyzstan...................................................  1434
    Latvia.......................................................  1450
    Liechtenstein................................................  1457
    Lithuania....................................................  1462
    Luxembourg...................................................  1471
    Macedonia, former Yugoslav Republic of.......................  1474
    Malta........................................................  1485
    Moldova......................................................  1489
    Monaco.......................................................  1503
    Netherlands, The.............................................  1506
    Norway.......................................................  1513
    Poland.......................................................  1517
    Portugal.....................................................  1535
    Romania......................................................  1542
    Russia.......................................................  1555
    San Marino...................................................  1605
    Slovak Republic..............................................  1608
    Slovenia.....................................................  1621
    Spain........................................................  1626
    Sweden.......................................................  1637
    Switzerland..................................................  1645
    Tajikistan...................................................  1656
    Turkey.......................................................  1670
    Turkmenistan.................................................  1707
    Ukraine......................................................  1718
    United Kingdom...............................................  1742
    Uzbekistan...................................................  1760
    Yugoslavia, Federal Republic of..............................  1780

Near East and North Africa:
    Algeria......................................................  1823
    Bahrain......................................................  1836
    Egypt........................................................  1848
    Iran.........................................................  1869
    Iraq.........................................................  1890
    Israel and the occupied territories..........................  1908
    Jordan.......................................................  1950
    Kuwait.......................................................  1968
    Lebanon......................................................  1983
    Libya........................................................  1998
    Morocco......................................................  2007
    The Western Sahara...........................................  2050
    Oman.........................................................  2055
    Qatar........................................................  2064
    Saudi Arabia.................................................  2071
    Syria........................................................  2087
    Tunisia......................................................  2100
    United Arab Emirates.........................................  2120
    Yemen........................................................  2131

South Asia:
    Afghanistan..................................................  2157
    Bangladesh...................................................  2175
    Bhutan.......................................................  2201
    India........................................................  2212
    Maldives.....................................................  2263
    Nepal........................................................  2271
    Pakistan.....................................................  2286
    Sri Lanka....................................................  2325

Western Hemisphere
    Antigua and Barbuda..........................................  2351
    Argentina....................................................  2356
    Bahamas......................................................  2371
    Barbados.....................................................  2377
    Belize.......................................................  2383
    Bolivia......................................................  2390
    Brazil.......................................................  2403
    Canada.......................................................  2431
    Chile........................................................  2440
    Colombia.....................................................  2453
    Costa Rica...................................................  2498
    Cuba.........................................................  2506
    Dominica.....................................................  2526
    Dominican Republic...........................................  2530
    Ecuador......................................................  2551
    El Salvador..................................................  2563
    Grenada......................................................  2577
    Guatemala....................................................  2581
    Guyana.......................................................  2615
    Haiti........................................................  2625
    Honduras.....................................................  2642
    Jamaica......................................................  2662
    Mexico.......................................................  2671
    Nicaragua....................................................  2701
    Panama.......................................................  2719
    Paraguay.....................................................  2734
    Peru.........................................................  2745
    St. Kitts and Nevis..........................................  2776
    Saint Lucia..................................................  2779
    St. Vincent and the Grenadines...............................  2784
    Suriname.....................................................  2789
    Trinidad and Tobago..........................................  2796
    Uruguay......................................................  2802
    Venezuela....................................................  2809

Appendixes:
    A. Notes on preparation of the reports.......................  2829
    B. Reporting on worker rights................................  2831
    C. Selected international human rights conventions...........  2833
    D. Explanation of chart in Appendix C........................  2836
    E. FY 2000 U.S. economic and military assistance--actual 
      obligations................................................  2837
    F. 56th session of the U.N. Human Rights Commission voting 
      record.....................................................  2849
    G. 56th session of the U.N. Human Rights Commission voting 
      table......................................................  2851
    H. United Nations Universal Declaration of Human Rights......  2854




                                FOREWORD

                              ----------                              

    The country reports on human rights practices contained 
herein were prepared by the Department of State in accordance 
with sections 116(d) and 502B(b) of the Foreign Assistance Act 
of 1961, as amended. They also fulfill the legislative 
requirements of section 505(c) of the Trade Act of 1974, as 
amended.
    The reports cover the human rights practices of all nations 
that are members of the United Nations and a few that are not. 
They are printed to assist Members of Congress in the 
consideration of legislation, particularly foreign assistance 
legislation.

                                       Jesse Helms,
                          Chairman, Committee on Foreign Relations.

                                      Henry J. Hyde
                    Chairman, Committee on International Relations.

                                 (vii)

                                     




                         LETTER OF TRANSMITTAL

                              ----------                              

                                       Department of State,
                                 Washington, DC, February 25, 2001.
Hon. Jesse Helms,
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 2000, 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,
                                    Barbara Larkin,
                          Assistant Secretary, Legislative Affairs.
    Enclosure.

                                  (ix)

                                     
                                PREFACE

                              ----------                              


                      HUMAN RIGHTS REPORTS

    I am pleased to transmit to the United States Congress this 
25th edition of the Department of State's Country Reports on 
Human Rights Practices.
    For the past quarter of a century, these reports have grown 
in breadth and stature every year. As such they reflect our 
country's deep and abiding commitment to universal human rights 
and the unprecedented growth in democracy, freedom, and human 
rights throughout the world.
    The year 2000 saw many improvements in human rights--from 
the consolidation of democracy in Nigeria and Ghana to the 
defeat of an entrenched dictator in Serbia and the election of 
a new president in Mexico. At the same time, the continued 
deterioration of conditions in China and Cuba and the abusive 
policies pursued by the regimes in Iraq and Sudan and a number 
of other countries offer proof that the battle to promote 
universal human rights is far from finished. We who believe in 
human freedom and the rule of law must not lose sight of the 
challenges that lie before us.
    This year's report covers 195 countries. No country, our 
own included, can claim a perfect human rights record; nor 
should any seek exemption from international scrutiny. Each 
nation must be accountable for the way it treats its citizens. 
The purpose of these reports, therefore, is to provide to the 
best of our ability a comprehensive and accurate report on the 
human rights conditions in every country.
    The interest in these annual Country Reports can be seen in 
the hundreds of thousands of hits our web site at www.state.gov 
will receive from every part of the world over the next few 
days, and in the countless discussions, both public and 
private, that will follow. The Report for the year 2000 thus 
takes its place within the context of a new and revolutionary 
era of global human discourse. It is my deepest hope, 
therefore, that these reports can stimulate new dialogue and 
provide new encouragement for all countries to strengthen their 
commitments to universal human rights and fundamental freedoms.
    I would like to thank all those who had a hand in preparing 
this year's Country Reports--whether overseas or in the 
Department of State. Without their dedication and hard work, a 
report of this quality and scope would simply be impossible.
                                           Colin L. Powell,
                                                Secretary of State.

                      OVERVIEW AND ACKNOWLEDGMENTS

                              ----------                              


                      HUMAN RIGHTS REPORTS

Why The Reports Are Prepared
    This report is submitted to the Congress by the Department 
of State in compliance with sections 116(d) and 502(b) of the 
Foreign Assistance Act of 1961 (FAA), as amended, and section 
504 of the Trade Assistance Act of 1974, 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 that thus are not covered by 
the congressional requirement.
    The responsibility of the United States to speak out on 
behalf of international human rights standards was formalized 
in the early 1970's. In 1976 Congress enacted legislation 
creating a Coordinator of Human Rights in the Department of 
State, a position later upgraded to Assistant Secretary. In 
1994 the Congress created a position of Senior Advisor for 
Women's Rights. Congress has also written into law formal 
requirements 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. The first reports, in 1977, covered only 
countries receiving U.S. aid, numbering 82; this year 195 
reports are submitted.
How The Reports are Prepared
    In August 1993, the Secretary of State moved to strengthen 
further the human rights efforts of our embassies. All sections 
in each embassy were asked to contribute information and to 
corroborate reports of human rights violations, and new efforts 
were made to link mission programming to the advancement of 
human rights and democracy. In 1994 the Bureau of Human Rights 
and Humanitarian Affairs was reorganized and renamed as the 
Bureau of Democracy, Human Rights, and Labor, reflecting both a 
broader sweep and a more focused approach to the interlocking 
issues of human rights, worker rights, and democracy. The 2000 
human rights reports reflect a year of dedicated effort by 
hundreds of State Department, Foreign Service, and other U.S. 
Government employees.
    Our embassies, which prepared the initial drafts of the 
reports, gathered information throughout the year from a 
variety of sources across the political spectrum, including 
government officials, jurists, military sources, journalists, 
human rights monitors, academics, and labor activists. This 
information-gathering can be hazardous, and U.S. Foreign 
Service Officers 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.
    After the embassies completed their drafts, the texts were 
sent to Washington for careful review by the Bureau of 
Democracy, Human Rights, and Labor, in cooperation with other 
State Department offices. As they worked to corroborate, 
analyze, and edit the reports, the Department officers drew on 
their own sources of information. These 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, and experts from academia and the media. Officers 
also consulted with experts on worker rights issues, refugee 
issues, military and police matters, women's issues, and legal 
matters. The guiding principle was to ensure that all relevant 
information was assessed as objectively, thoroughly, and fairly 
as possible.
    The reports in this volume will be used as a resource for 
shaping policy, conducting diplomacy, and making assistance, 
training, and other resource allocations. They also will serve 
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 individual, civil, political, and 
worker rights, as set forth in the Universal Declaration of 
Human Rights. There 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 aim to incorporate respect for human 
dignity into the processes of government and law. All persons 
have 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; prohibition of forced or compulsory 
labor; the status of child labor practices and the minimum age 
for employment of children; and acceptable work conditions.
    Within the Bureau of Democracy, Human Rights, and Labor, 
the editorial staff of the Country Reports Team consists of: 
Editor in Chief--William E. Dilday; Editor in Chief Ex 
Officio--Marc J. Susser; Senior Advisor--Leslie A. Gerson; 
Managing Editor--Jeannette P. Dubrow; Technical Editor--Larry 
Arthur; Senior Editors--Frank B. Crump, Susan F. Kovalik, 
Gregory P. Moody, Diana D. Perry-Elby, Rachel D. Settlage; 
Editors--Sara M. Allinder, Stefanie R. Altman, Liana Brooks, 
Cynthia R. Bunton, Michelle Eyrich Day, Claire Ehmann, Imogen 
Fua, Stanley Ifshin, David T. Jones, Lisa N. Kaplan, Amy E. 
McKee, Martine K. Miller, Donald E. Parker, Jennifer M. 
Pekkinen, Yvette Saint-Andre, John J. Sheerin, Jolynn M. 
Shoemaker, James C. Todd, William J. Tomlyanovich, Stephen W. 
Worrel; Assistant Editors--Eric M. Barboriak, Melanne A. Civic, 
George T. Constantine, Douglas B. Dearborn, Thomas F. Farr, 
Carol G. Finerty, Stephen M. Epstein, Nancy Hewett, Peter 
Higgins, Alden H. Irons, Herman Keizer, Susan E. Keogh, Richard 
Marshall, Janet L. Mayland, Edmund McWilliams, Susan 
O'Sullivan, Maria B. Pica, Tamara J. Resler, Daniel J. Schuman, 
Christopher Sibilla, Wendy B. Silverman, Danika Walters, James 
D. Wulff; Editorial Assistants--Phillip L. Antweiler, Timothy 
Brittingham, Paige E. Chabora, Andrew Chen, Lewis K. Elbinger, 
Charles W. Evans, Dr. Sudha Haley, Rashid U. Haq, Kristy L. 
Hofkens, Adrienne Lauson, David G. Leyden, Coleman Mehta, 
Philip A. Mirrer-Singer, Mark N. Templeton, Steven A. 
Wagenseil, Melissa A. Waters, Gerri L. Williams, Anne Zollner; 
Technical Support--Mitchell R. Brown.

 INTRODUCTION TO THE COUNTRY REPORTS ON HUMAN RIGHTS PRACTICES FOR THE 
                               YEAR 2000

                              ----------                              


               I. The 25th Edition of the Country Reports

    For the past quarter of a century, the Country Reports on 
Human Rights Practices have chronicled the ebb and flow of 
human rights, bearing witness to the conditions that affect 
people's lives in every nation of the world. Yet despite all 
the suffering--or perhaps because of it--the cause of human 
rights is stronger now than ever.
    The expansion of democracy and human freedom that the world 
has experienced over the past 25 years has many causes. This 
expansion rests on the fundamental belief that there are rights 
and freedoms to which every human is entitled no matter where 
he or she resides. This idea is so powerful and so universal 
that it gains strength with every passing year.
    The primary focus of the Country Reports always has been 
events in the countries that the reports cover. If newspapers 
are the first drafts of history, the reports are surely the 
second drafts, carefully researched cross-sections of the good 
and bad that transpire around the world every year. But the 
reports are not just history. They are documents backed by the 
full weight of the U.S. people and Government. They speak for 
those who have no voice, bearing witness for those who have not 
had access to free trials, nor have enjoyed other fundamental 
human rights and protections. As the reports have done since 
their first appearance in March 1977, they represent the 
nation's commitment to respect for universal human rights and 
its interest in promoting these rights in every country of the 
world. The reports are a tangible manifestation of the 
Department of State's intense focus on human rights issues.

                         II. The Year in Review

    The year saw a number of advances in human rights, 
democracy, and fundamental freedoms. The Yugoslav people voted 
Slobodan Milosevic out of office in September, ending more than 
a decade of authoritarian rule and offering hope for a new, 
more tolerant and democratic era in Yugoslavia. Nigeria 
continued to make progress in its transition to democracy, 
while a peaceful transfer of authority took place in Ghana 
following generally free and fair elections. Ethiopia and 
Eritrea signed a peace accord in December, ending a conflict 
that created at least a million internally displaced civilians 
in both countries. The election of Vicente Fox marked the first 
time in modern Mexican history that a member of an opposition 
party was elected President. Peru's decision to renew its 
acceptance of the compulsory jurisdiction of the Inter-American 
Court of Human Rights appeared to represent a renewed 
commitment to the rule of law. And South Korean President Kim 
Dae Jung's engagement policy led to some easing of tensions 
with North Korea.
    U.N. Secretary General Kofi Annan reiterated the United 
Nation's support for the promotion of human rights and 
instructed its agencies to place emphasis on both reporting and 
programming initiatives that strengthened respect for human 
rights. The International Criminal Tribunal for the former 
Yugoslavia continued to try alleged war criminals, including a 
war crimes trial based on charges of rape and other sexual 
violence. The International Criminal Tribunal for Rwanda also 
continued to try persons for genocide-related crimes. At the 
regional level, a number of institutions continued to work to 
strengthen democratic norms and practices. The Organization of 
African Unity denied a seat at its summit to Cote d'Ivoire due 
to its 1999 coup. The Organization of American States (OAS) 
sent a mission to Peru in the wake of elections that 
international and domestic observers deemed to be seriously 
flawed. The Government subsequently announced new elections 
that are scheduled to take place in April 2001. The OAS mission 
also sponsored a dialog among government, opposition 
politicians, and civil society representatives aimed at 
reforming the country's beleaguered democratic institutions. 
The Organization for Security and Cooperation in Europe engaged 
in active and public human rights reporting in Kosovo and 
monitored elections in a number of countries. A number of 
member states of the Council of Europe began to publish reports 
of the Committee for the Prevention of Torture.
    At the international level, the global spread of democracy 
was affirmed in both governmental and nongovernmental arenas. 
The Governments of over 100 countries that have chosen a 
democratic path and that represent every region of the world, 
level of development, and various historical experiences, 
convened a June ministerial meeting in Warsaw, Poland, under 
the rubric of a Community of Democracies. Participants endorsed 
the Warsaw Declaration, which committed their Governments to 
uphold democratic principles and practices. The Community of 
Democracies meeting sought to enhance cooperation among 
participating Governments through several avenues, including an 
informal caucus at the U.N. General Assembly to share 
information and support democracy-related issues and 
resolutions within the U.N. system.
    At the same time these positive trends took place, China's 
poor human rights record worsened during the year, as the 
authorities intensified their harsh measures against 
underground Christian groups and Tibetan Buddhists, destroyed 
many houses of worship, and stepped up their campaign against 
the Falun Gong movement. China also sharply suppressed 
organized dissent. In Burma the military continued its severe 
repression, holding Aung San Suu Kyi under house arrest for 
much of the year, detaining her supporters, imprisoning many 
religious believers, and coercing numerous persons, including 
children, into forced labor. North Korea's situation remained 
among the worst in the world: The Government stifled all 
dissent and widely curtailed freedom of religion, political 
prisoners were held in forced labor camps, and malnutrition 
remained widespread. In Afghanistan the Taliban continued to be 
a major violator of human rights, severely restricting women's 
and girls' access to education, medical facilities, and 
employment. Iraq remained under the complete domination of one 
of the world's most repressive regimes, as security forces 
routinely executed, tortured, beat, raped, or otherwise 
intimidated and abused any perceived political opponents. 
Cuba's overall human rights record remained poor, as the 
Government retained tight surveillance over anyone considered a 
potential opponent. The human rights situation in Belarus 
worsened in a number of areas, as the Lukashenko regime took 
severe measures to neutralize political opponents and repressed 
all calls for democracy. Turkmenistan remained one of the most 
totalitarian countries in the world, as the Committee on 
National Security maintained tight control over the country, 
and a personality cult centered around President Saparmurat 
Niyazov continued. In Israel and the occupied territories, 
following the outbreak of violence in September, Israeli 
security forces sometimes used excessive force in contravention 
of their own rules of engagement, killing approximately 300 
Palestinians and injuring thousands in response to violent 
demonstrations and other clashes in Israel, the West Bank, and 
Gaza. Palestinian security forces and members of Fatah's Tanzim 
killed numerous Israeli soldiers and civilians in the cycle of 
violence.
    Continuing internal conflict marred the human rights 
situation in a number of countries. In Colombia both 
paramilitary and guerrilla groups continued to commit acts of 
violence and other serious abuses in many parts of the country, 
with numerous massacres of civilians and the murder, kidnaping, 
and intimidation of human rights defenders, trade unionists, 
journalists, and other targeted groups. War, exacerbated by 
external intervention, continued to wrack the Democratic 
Republic of the Congo, enabling perpetrators of human rights 
violations to enjoy virtual impunity in large portions of the 
country. The Government of Sudan continued its bombing of 
civilian population centers, support for slave taking, and 
forced religious conversions, while preventing international 
humanitarian assistance from reaching large portions of the 
country. Numerous credible reports of human rights abuses by 
Russian forces in Chechnya, which included extrajudicial 
killings, torture, and rape, provoked widespread condemnation 
and calls for accountability; the Chechens committed numerous 
abuses as well, such as the execution of prisoners. In 
Indonesia security forces were responsible for numerous 
instances of indiscriminate shootings of civilians, torture, 
beatings, and other abuses in Aceh, Irian Jaya, and elsewhere, 
and the Government was ineffective in deterring social, 
interethnic, and interreligious violence in the Moluccas and 
Sulawesi.

        III. Developments in Human Rights, Democracy, and Labor

    Global Democratic Trends: The year witnessed new strides 
towards the globalization of democracy. Many, if not most, 
governments, civil society leaders, and multilateral 
institutions now pursue and promote open economies and freer 
societies. A majority of people in the world now live in 
democratic countries or countries that have begun to implement 
some democratic and political reforms. The overall trend 
remains one of positive, incremental change, despite some 
reversals.
    Elections bolstered democratic transitions in Croatia, 
Ghana, Mexico, Suriname, and Yugoslavia during the year. An 
active civil society and increasingly independent media helped 
to ensure the success and transparency of these elections. 
Setbacks included continuing conflict in the Middle East and 
Africa, a coup in Fiji, and a breakdown of the Government and 
law and order in the Solomon Islands. In China, despite 
widespread Government abuses, important aspects of civil 
society continued to develop. Seriously flawed elections took 
place in other countries, most notably in Azerbaijan, 
Kyrgyzstan, Cote d'Ivoire, and Haiti.
    On the nongovernmental side, increased global networking 
among organizations and private citizens mirrored the growth of 
active civil societies at the national level. The World Forum 
on Democracy, held jointly with the Warsaw Community of 
Democracies Ministerial in June, brought together an 
unprecedented international gathering of scholars, civic, 
religious, labor, and business leaders to assess the challenges 
to democracy. The Forum provided to the ministerial assembly 
recommendations that included convening the informal caucus of 
democracies that was launched at the United Nations in the 
fall. Representatives of nongovernmental organizations (NGO's) 
from over 80 countries also met in Sao Paulo during November to 
consider how to meet the challenges to democracy. They 
developed a list of practical steps NGO's could take in their 
own countries to support the democratic process.
    Integrity of the Person: In Algeria reports of abuses such 
as torture and arbitrary detention continued to decrease during 
the year; however, extrajudicial killings by security forces 
and terrorist groups claimed the lives of many hundreds of 
persons. The torture of political opponents is widespread in 
Uzbekistan. Cameroon's security forces reportedly killed many 
dozens of persons over a 6-month period in the city of Douala, 
and the abuse of detainees throughout the country remained 
endemic. The brutality associated with the Revolutionary United 
Front (RUF) in Sierra Leone abated somewhat; however, there 
continued to be reports of serious abuses, such as 
extrajudicial killings, rapes, and beatings in the 60 percent 
of the country that the Government does not control. The RUF 
also committed human rights abuses in Guinea. The Libyan 
government resorted to intimidation to control the political 
opposition, as security forces arbitrarily arrested and 
detained individuals who frequently were held incommunicado or 
tortured.
    Press Freedom: Freedom of the press remains nonexistent in 
such countries as Cuba, Iraq, Libya, and Turkmenistan. There 
were severe restrictions on the press in Sudan, Uzbekistan, and 
China, except in Hong Kong. The disappearance of Ukrainian 
Georhiy Gongadze, whose alleged remains were found late in the 
year, raised serious concern about press freedom in Ukraine. In 
Russia Kremlin efforts to gain control over a major independent 
television network posed a threat to hard-won press freedom as 
well. In Iran dozens of newspaper offices were closed, and a 
number of Iran's most prominent journalists and editors were 
arrested or harassed as hard-line elements within the 
Government sought to silence their critics. However, there was 
some easing of press restrictions in Syria, and the press in a 
number of countries in North Africa continued to demonstrate 
more freedom.
    Religious Freedom: The year saw the continuation of 
religious repression and discrimination in every region of the 
world. Based on the Department's Annual Report on International 
Religious Freedom 2000 (issued in September and covering the 
period July 1999 through June 2000), all five countries 
designated as ``countries of particular concern'' by the 
Secretary of State in 1999--Burma, China, Iran, Iraq, and 
Sudan--were redesignated. This designation reflects the 
particularly severe violations of religious freedom by the 
Governments of those countries. In each the situation remained 
serious; in some--notably China--religious repression 
increased.
    In Uzbekistan, despite the release of some religious 
prisoners, the Government continued to incarcerate and abuse 
others because of their religious beliefs and practices. In 
particular some Muslims were vulnerable to mistreatment because 
of their alleged association with terrorists. The Government of 
Turkmenistan failed to allow non-Sunni Muslims and non-Russian 
Orthodox Christian believers to register, despite earlier 
promises to do so, and continued its crackdown on Protestant 
worshipers and its suppression of practitioners of other faiths 
for not being registered. In Russia there were concerns about 
the uniform implementation by local officials of federal 
regulations requiring the reregistration of religious groups 
and organizations. In Georgia there was increased 
discrimination against some religious minorities, including 
Jehovah's Witnesses. In Laos some religious prisoners were 
released, but the practice by certain local officials of 
forcing Christians to sign renunciations of their faith 
continued, as did the harsh treatment of Christians in prison.
    In Saudi Arabia non-Muslim public worship is prohibited, 
and the Government detained and subsequently deported several 
persons whom it considered to have violated the prohibition. 
The Government supports the Sunni Muslim majority, and 
discrimination against members of the Shi'a minority persists. 
Pakistan's blasphemy law continued to be abused and directed 
against the country's religious minorities, in particular the 
Ahmadiya and Christian communities. In Europe some states have 
adopted or are considering discriminatory legislation or 
policies that tend to stigmatize expressions of religious faith 
by certain groups by wrongfully associating them with dangerous 
``sects'' or ``cults.''
    On a more positive note, religious life in a number of 
countries of the New Independent States continued to progress 
during the year, as some governments tried with varying degrees 
of success to bring local and regional officials into line with 
national policy. In Azerbaijan the treatment of religious 
groups continued to improve, as it has since President Aliyev's 
public commitment to religious liberty in 1999.
    Women: The year saw women's human rights attract more 
international attention than in the past, but actual gains 
worldwide were limited. In Egypt women were granted the right 
to divorce on grounds of incompatibility. In Rwanda a law was 
passed that improves women's rights in inheritance, family 
matters, and credit. Despite some progress made in these and 
other areas, serious problems remain. In many parts of Africa, 
female genital mutilation continued to damage the physical and 
psychological health of women and girls. Societal 
discrimination prevented women in many countries from taking 
advantage of economic opportunities. In Afghanistan the 
Taliban's restrictions on education and work continued to 
confine women to the home. Traditional patriarchal societies 
continued to devalue women and girls. In China coercive family 
planning practices continued to harm women and female children, 
despite some government experimentation with noncoercive 
practices. In a number of countries in the Middle East and 
South Asia, so-called honor killings and dowry deaths continued 
to be major problems.
    Violence against women remained a pervasive problem, 
cutting across social and economic lines. Domestic and sexual 
violence against women is found on every continent. While 
governments publicly condemned violence against women, too few 
took concrete steps to address it.
    Children: Children are among the most vulnerable of any 
group in society and face particular threats to their human 
rights. Around the world, children face dangerous and unhealthy 
conditions, working in factories, fields, and sweatshops, as 
domestic servants, or, in some cases, as prostitutes. The 
trafficking of children for forced labor, prostitution, and 
pornography is a growing and lucrative business for criminals. 
In many cities large numbers of street children lack shelter, 
food, education, and support and are vulnerable to many forms 
of abuse, despite the best efforts of governments and NGO's. In 
countries such as Colombia, Sri Lanka, Sierra Leone, and 
Uganda, armed rebels force children to serve as soldiers or 
recruit them with promises or threats. In many countries, 
children are denied access to education--in some cases because 
they cannot afford the fees for books and uniforms, in others 
because they must work to support their families--thereby 
severely reducing their chances for a better life. Many 
governments deny girls the opportunity to attend school or 
complete their schooling.
    Some improvements in the lives of children took place 
during the year, as some governments took steps to aid children 
and strengthen protection of their rights. For example, in 
Venezuela some 500,000 children attended school for the first 
time when the Government prohibited registration fees. The 
Government of Tunisia sponsors an immunization program that 
targets preschool age children and reports that over 95 percent 
of children are vaccinated. At the end of the year, the 
Moroccan UNICEF chapter and the National Observatory of 
Children's Rights began a human rights awareness campaign 
regarding the plight of child maids that received widespread 
media exposure. The Minister of Justice in Benin established a 
National Commission for Children's Rights, which held its 
initial session in July; the Benin Government also has made 
serious efforts to combat child abuse and trafficking in 
children. In March several government agencies in the 
Philippines signed a memorandum of agreement on the handling 
and treatment of children involved in armed conflict, which 
treats child insurgents as victims to be rescued and 
rehabilitated, rather than as enemies to be neutralized and 
prosecuted. The United Nations opened two important documents 
for signature during the year: the Optional Protocol to the 
Convention on the Rights of the Child Concerning Children in 
Armed Conflict and the Optional Protocol to the Convention on 
the Rights of the Child Concerning the Sale of the Child. NGO's 
also are extremely active in the field of children's rights 
throughout the world, advocating legal reform and providing 
services.
    Worker Rights: During the year, there were countervailing 
negative and positive trends affecting worker rights. Among the 
positive developments, over 50 countries ratified the 
International Labor Organization's (ILO) Convention on the 
Worst Forms of Child Labor (Convention 182), the most rapid 
international approval for any convention in the organization's 
81-year history. The U.S. Trade and Development Act of 2000 
encouraged international community ratification of the 
convention by linking ratification to continued eligibility for 
Generalized System of Preferences status. The act also 
incorporated worker rights criteria into trade preference 
eligibility for African and Caribbean Basin programs.
    For the first time, the ILO adopted a resolution that 
called for measures to secure compliance with fundamental 
worker rights. In November the ILO's Governing Body judged that 
the Government of Burma had not taken effective action to deal 
with the ``widespread and systematic'' use of forced labor. It 
called on all ILO member states to take appropriate measures to 
ensure that Burma does not perpetuate or extend its system of 
forced or compulsory labor.
    Among negative trends during the year was the impunity with 
which a dramatically increasing number of trade unionists were 
killed, tortured, and intimidated in Colombia. Elsewhere a 
growing trend toward the negotiation of individual contracts 
between companies and workers and the resort to the formation 
of ``cooperatives'' in place of trade unions deprived workers 
of the protection afforded by union representation and of 
protection under national labor legislation.
    Trafficking in Persons: Trafficking in persons poses a 
serious challenge to human rights. This rapidly growing global 
problem affects countries and families on every continent. 
Traffickers prey upon women, children, and men from all walks 
of life, and of every age, religion, and culture. Traffickers 
particularly exploit women and children who suffer from poverty 
and are marginalized within their own societies--the most 
vulnerable segments of the population. Trafficking has grown 
significantly in recent years and serves as one of the leading 
sources of revenue for international criminal organizations--in 
part because it is low-risk and high-profit. In some countries, 
local police and immigration and customs officials are involved 
or complicit in trafficking. Traffickers deprive their victims 
of their basic human dignity, subject them to inhuman and 
degrading treatment, and treat them as chattel that can be 
bought and sold into forced and bonded labor across 
international and within national borders. Victims often find 
themselves in a strange country, unable to speak the language, 
and without identification or documentation. Many are subject 
to violent and brutal treatment by their captors. Some come 
from countries in which the police and other authorities are a 
source of repression rather than a source of help, and they are 
reluctant to seek assistance. Many are threatened with 
retribution against themselves or their families should they 
try to escape. Many victims face additional risks from 
dangerous working conditions, including the threat of harm from 
exposure to dangerous pesticides or sexually transmitted 
diseases.
    The underground nature of trafficking makes it difficult to 
quantify. Reliable estimates range from 700,000 to 2 million 
persons trafficked globally each year. Victims are trafficked 
into sweatshop labor, prostitution, domestic servitude, unsafe 
agricultural labor, construction work, restaurant work, and 
various forms of modern-day slavery. Governments around the 
world have taken steps to combat these heinous practices, 
enacting legislation to criminalize trafficking and strengthen 
penalties against it, and taking steps to aid victims. In 
December 81 countries signed the Trafficking in Persons 
Protocol to Prevent, Suppress, and Punish Trafficking in 
Persons, Especially Women and Children, supplementing the U.N. 
Convention Against Transnational Organized Crime. More 
countries are expected to sign the Trafficking Protocol in the 
coming months. NGO's are especially active in the 
antitrafficking field; their efforts globally include awareness 
campaigns, the provision of medical and psychological support 
and shelter for victims, as well as job training.
    Corporate Responsibility: In recent years, partnerships 
among governments, businesses, and civil society to promote 
human rights, support civil society, and address corporate 
responsibility needs have expanded. Two of the best-known 
examples are the Sullivan Principles and the U.N. Global 
Compact, which encourage corporations, on a voluntary basis, to 
recognize international human rights, labor, and environmental 
standards. During the year, a group of major oil, mining, and 
energy companies; human rights and corporate responsibility 
organizations; and an international trade union federation 
worked with the U.S. and British Governments to forge a set of 
voluntary principles on security and human rights. The 
principles provide a mechanism for a continuing dialog on 
important security and human rights issues.

                IV. History of the Human Rights Reports

    The first edition of the Country Reports was a product of 
its times. While the United States had been at the forefront of 
the international human rights movement since the end of World 
War II and the creation of the United Nations, the Cold War and 
the gradual ending of colonialism dominated the first decades 
of that movement. However, the early 1970s gave rise in the 
Congress and throughout the country to new concepts and 
measures of accountability. An important force behind this 
changing environment was an ever-growing community of NGO's 
whose global outlook, commitment to human rights, and access to 
the media helped shape public opinion and government 
decisionmaking.
    In 1973 Representative Donald Fraser held hearings on human 
rights in the Committee on Foreign Affairs Subcommittee on 
International Organizations. That same year, a sense of 
Congress resolution was passed urging the Nixon Administration 
to link U.S. foreign assistance programs to respect for human 
rights within those recipient countries. The Congress amended 
the Foreign Assistance Act 3 years later to require the 
Secretary of State to transmit to Congress ``a full and 
complete report'' every year concerning ``respect for 
internationally recognized human rights in each country 
proposed as a recipient of security assistance.''
    Thus in March 1977, the first volume of Country Reports was 
submitted to Congress. The report covered 82 countries. Because 
it focused on nations with whom the United States had formal 
security assistance programs, most of them were longstanding 
allies and friends. The initial report was brief--only 143 
pages--and at the end of each entry was a rating, taken from 
Freedom House, judging whether the country was free, partly 
free, or not free.
    Like any innovation, the new report had its critics. To 
some the very existence of such a document harmed relations 
with the very nations with which the United States had 
established the best ties. To others the report fell short of 
full disclosure. Such criticism has helped improve the reports 
ever since. They now cover virtually every country of the world 
and include a level of detail that would have stunned earlier 
readers.
    For the 1978 report, 33 additional countries that received 
U.S. economic assistance were added to the original 82. The 
next year, the Foreign Assistance Act was amended again to 
require an entry on each member of the United Nations. The 1979 
report thus expanded to 854 pages and covered 154 countries, 
including for the first time discussions of Cuba, the Soviet 
Union, and the People's Republic of China.
    By then the basic format of the report had been 
established, although it would undergo many modifications over 
time. The first section was Respect for the Integrity of the 
Person, and it included, as it still does, subsections on 
torture; cruel, inhuman, or degrading treatment or punishment; 
arbitrary arrest or imprisonment; denial of fair public trial; 
and invasion of the home. The second section was entitled 
Government Policies Relating to the Fulfillment of such Vital 
Needs as Food, Shelter, and Health Care. Third was Respect for 
Civil and Political Liberties. This section included separate 
subsections on freedom of speech, press, religion, and 
assembly; freedom of movement within the country for travel and 
immigration; and freedom to participate in the political 
process. Fourth was Government Attitude and Record Regarding 
International and Nongovernmental Investigation of Alleged 
Violations of Human Rights.
    In 1980 a subsection was added on disappearances. The 
following year's report saw a recasting of the section on 
fulfillment of vital needs as Economic and Social 
Circumstances. The 1982 report added subsections on political 
and extrajudicial killing and disappearances and expanded the 
discussions on freedom of speech and the press, peaceful 
assembly, religion, movement, and the political process. The 
following year, the right of citizens to change their 
government was added. In 1986 a new section entitled 
Discrimination Based on Race, Sex, Religion, Language, or 
Social Status was introduced, along with another section on the 
Status of Labor.
    In 1989 a subsection was added on the use of excessive 
force and violations of human rights in internal conflicts. The 
labor section was revised to include specific discussions of 
the right of association, the right to organize and bargain 
collectively, minimum age for employment of children, and 
acceptable conditions of labor. The 1993 report saw an 
expansion of the discrimination section to include specific 
discussions of the rights of women, children, the indigenous, 
people with disabilities, and national, racial, and ethnic 
minorities. In 1993 the reports appeared on the Department of 
State's web site for the first time, an event that dramatically 
increased the number of individuals who had immediate access to 
them. Additional coverage on refugees and asylum was added 3 
years later. In 1997 the subsection on forced and bonded child 
labor was upgraded substantially. In 1998 the report was 
published for the first time in two volumes.
    Later in 1998, Congress passed the International Religious 
Freedom Act, which mandated annual reports on the state of 
international religious freedom in every country. The first of 
these reports appeared in September 1999, the same year that 
Congress requested that a new section be added to the reports 
on trafficking in persons. The reports that year also included 
a new focus on access to political prisoners and genocide.
                                 Michael E. Parmly,
                       Acting Assistant Secretary of State,
                      Bureau of Democracy, Human Rights, and Labor.


                                 AFRICA

                              ----------                              


                                 ANGOLA

    The Popular Movement for the Liberation of Angola (MPLA) has ruled 
the country since its independence from Portugal in 1975. The country's 
competing independence movements began a civil war immediately after 
independence, which lasted until the signing of the Bicesse Accords in 
1991. Under the Bicesse Accords, one-party rule ended with the passage 
of a new Constitution that legalized opposition parties and called for 
U.N.-monitored elections which were held in 1992. President Jose 
Eduardo Dos Santos of the MPLA won a plurality of the votes cast in an 
election that U.N. observers considered free and fair. The National 
Union for the Total Independence of Angola (UNITA), under the 
leadership of Jonas Savimbi, rejected the results of the vote and 
resumed the civil war. In 1994 in an effort to end the civil war, the 
Government and UNITA signed the Lusaka Protocol, which called for the 
demilitarization of UNITA, the creation of a national army, the seating 
of a government of national unity and reconciliation, and the extension 
of state administration to areas formerly under UNITA control. The 
Government generally complied with its obligations under the protocol, 
although the conduct of the police and, to a lesser extent, military 
units in former UNITA areas drew widespread criticism. UNITA failed to 
comply with several fundamental aspects of the protocol. It maintained 
a significant military capability, and it refused to surrender to state 
administration the territory it held. At the end of 1998, fighting 
resumed between the Government and Jonas Savimbi's armed faction of 
UNITA. A splinter group of UNITA called UNITA-Renovada and another 
larger peaceful faction of UNITA both rejected war; during the year, 
the two groups continued to pursue their goals through peaceful 
political activity, including as members of the National Assembly. In 
late 1999, a massive offensive by the Angolan armed forces (FAA) 
destroyed the conventional military capacity of UNITA, and by January 
drove the rebels from their heartland on the central plateau into the 
country's far east and into scattered pockets elsewhere. By March the 
FAA had consolidated its military control of most of the nation's 
territory; however, UNITA reorganized itself as a guerrilla force and 
carried out ambushes or attacks on lightly defended targets. In June 
1999, the National Assembly voted to postpone new elections 
indefinitely due to the renewal of conflict; during the year, the 
Government stated its intention to hold elections in 2001, but later 
postponed them until 2002. The judiciary, where it functions, is 
subject to the influence of the President and the MPLA in practice.
    The Ministry of Interior is responsible for internal security, a 
function that it exercises through the Angolan National Police (ANP), 
the Rapid Intervention Police (PIR), which was created in 1992 as an 
elite paramilitary force, and other organs of state security. The Armed 
Forces of Angola (FAA) are responsible for protecting the State against 
external threats and have intervened in regional conflicts every year 
since 1996. The FAA claimed that it had integrated more than 10,000 
UNITA soldiers since the 1999 fall offensive. With the resumption of 
localized hostilities within the country, the FAA became involved in 
counterinsurgency operations against UNITA. The FAA also is involved in 
similar operations, although on a smaller scale, against the Front for 
the Liberation of the Enclave of Cabinda-Armed Forces of Cabinda (FLEC-
FAC). The Government's security forces remain firmly under civilian 
leadership. Security forces committed numerous, serious human rights 
abuses.
    The security factors that inhibited the country's transition to 
full multiparty democracy had a similar effect on the country's 
transition from a directed, state-dominated economic system to one 
based on market principles. Forty percent of the budget remains 
dedicated to defense (or 22 percent of gross domestic product (GDP)). 
The economy was in disarray and despite abundant natural resources, 
output per capita is extremely low. Angola produces more than 750,000 
barrels of oil per day, a total that is expected to rise to over 1 
million by the end of 2002. Due to its control of oil revenues, the 
parastatal oil company Sonangol plays a dominant role in both the 
economy and government. The country produced an estimated $600 million 
worth of diamonds in the areas controlled by the Government. There also 
are lucrative untapped mineral, agricultural, and hydroelectric 
resources in the country; however, corruption and mismanagement are 
pervasive in the public sector and widespread in the private sector. 
The Government has begun to liberalize its import regimes and reform 
its regulatory agencies to better allow the importation of the goods 
and services on which the economy depends. Annual per capita GDP was 
approximately $450. The country's wealth continued to be concentrated 
in the hands of a small elite who often used government positions for 
massive personal enrichment, and corruption continued to be a common 
practice at all levels. The average monthly salary of urban wage 
earners (approximately 20 percent of the labor force) was far below 
what is required for basic subsistence, and rural wages are even lower 
because the majority of the rural economy is dependent on subsistence 
agriculture and is highly vulnerable to political unrest.
    The Government's human rights record remained poor; although there 
were some improvements in a few areas, serious problems remain. 
Citizens have no effective means to change their government. Members of 
the security forces committed extrajudicial killings, were responsible 
for disappearances, and tortured, beat, raped and otherwise abused 
persons. The Government often failed to pay the salaries of the 
majority of its security service personnel. The poor discipline and 
poor working conditions of the police force made it the worst offender; 
military units generally have better discipline and a more effective 
chain of command. Other than those personnel assigned to elite units, 
the Government gives tacit permission for security personnel to 
supplement their income--through the extortion of the civilian 
population. Prison conditions were harsh and life threatening. The 
Government routinely used arbitrary arrest and detention, and lengthy 
pretrial detention is a problem. Although the Government made some 
efforts to discipline members of the security services for abuses, the 
Government often did not punish those in the security services who were 
responsible for abuses. The judiciary is subject to executive 
influence, only functions in certain parts of the country, and does not 
ensure due process. The legal code and rules of procedure remain 
outdated. The Government infringed on citizens' privacy rights and 
forcibly recruited military-age males. The Government at times 
restricted freedom of speech and of the press, and intimidated 
journalists into practicing self-censorship. A Government crackdown on 
the independent media continued until March and resulted in the 
harassment, arrest, detention, and trials of journalists; however, by 
April the Government expanded the limits of public expression in most 
areas of the country. The Government restricted freedom of assembly. 
The Government restricted association and movement; however, it allowed 
some peaceful public protest. The Government continued to limit 
independent investigations of human rights abuses, although it allowed 
international human rights organizations, including Amnesty 
International, to conduct research in the country. Violence and 
discrimination against women were common; adult and child prostitution 
are problems; and children and the disabled continued to suffer as a 
result of the ongoing conflict and poor economic conditions. The 
Government continues to dominate the labor movement and restricts 
workers' rights, although there were improvements in the independent 
labor sector. Forced labor, including forced child labor, is a problem.
    The armed faction of UNITA under Savimbi was responsible for 
numerous, serious abuses during the year; the other two factions of 
UNITA were not responsible for abuses. The armed UNITA forces, under 
the control of Jonas Savimbi, were responsible for killings, 
disappearances, torture, rape, and other abuses. UNITA military units 
reportedly pillaged rural areas, depopulated parts of the country, 
killed traditional leaders, and eliminated all opposition, real or 
potential. UNITA prevented freedom of speech, the press, assembly, 
association, and movement. UNITA refused all attempts to conduct 
investigations in areas under its control. UNITA continued forced 
military recruitment, including of underage males, and used forced 
labor for a large part of its local-level logistical support. The 
sexual abuse of women conscripted to work as porters was common in 
UNITA areas.

                        RESPECT FOR HUMAN RIGHTS

Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Political and Other Extrajudicial Killing.--Security forces 
committed extrajudicial killings. Police participated in shakedowns, 
muggings, and carjackings. There were reports that army units engaged 
in a scorched earth policy during the year, burning villages and 
killing civilians in Cuando Cubango and Lunda Sul provinces. There were 
also reports that soldiers summarily executed civilians.
    There were reports that Government soldiers killed civilians in 
Namibia. After Namibia decided in December 1999 to allow FAA to launch 
anti-UNITA attacks from Namibian territory, there was extensive cross-
border fighting which resulted in civilian deaths and injuries. FAA 
soldiers killed a number of Namibian civilians during the year. On 
January 22, an FAA member killed Thadeus Mubili in Mushangara in 
western Caprivi. No further information was available on the case at 
year's end. On May 27, an FAA member killed Thaddeus Vili at Bagani 
near the Kavango and Caprivi regions. An FAA member was arrested by 
police in Namibia; there was no further information available on the 
case at year's end. In July the army executed two Namibian civilians 
and injured another.
    Some individual members of the FAA reportedly also committed 
summary executions in the Republic of the Congo.
    Prison conditions are life threatening due to inadequate food, 
medicine, and sanitation, and many prisoners died in official custody 
(see Section 1.c.).
    In December 1999, there was an unconfirmed report that the FAA 
killed 47 civilians during operations in the Lunda Sul province. There 
was no investigation into the incident nor was any action taken by 
year's end. In February 1999, government forces reportedly killed 
several civilians after retaking the town of Mbanza Congo from UNITA. 
There was no investigation into the incident nor action taken by year's 
end.
    There were no investigations into, nor was any action taken against 
those responsible for the extrajudicial killings of more than 40 
persons during 1998, including the UNITA provincial secretary in Xa-
Cessau, the UNITA communal secretary of Quibaxe, and the local UNITA 
secretary of Cangundu.
    Numerous localities changed hands during the year, a process that 
often involved the extrajudicial killing of government or UNITA 
administrators and persons accused of collaboration. Internally 
displaced persons and refugees risked their lives to flee to 
government-held areas or neighboring countries. Undocumented Congolese 
workers in diamond fields were targeted by government or UNITA forces 
seeking to take control of alluvial diamond mining operations. An 
unknown number of civilians died in the course of engagements between 
the security services and insurgents, particularly in the Central 
Highlands and in the northwest. Strong anecdotal information suggested 
that both sides summarily executed prisoners of war (POW's).
    On January 12, over 100 persons reportedly were killed in Bie 
province. Although there were unconfirmed reports that UNITA killed 150 
persons while passing through the area, other observers claimed that 
these persons were killed by the Government for being too sympathetic 
to UNITA. There were reports that at least one mass grave was 
discovered in the area, which the Government attributed to UNITA.
    During the year, there was a conviction in the case of the 1996 
killing of state-television reporter Antonio Casimiro (see Section 
2.a.).
    UNITA used landmines in Namibia, which resulted in dozens of deaths 
and numerous injuries of civilians and security force officers. At the 
end of September, the Government reported that more than 130 persons 
had been killed or injured by landmines in Namibia. Landmine explosions 
killed at least 10 civilians and injured 36 others in the Kavango 
region of the country by the end of June.
    Both Government and UNITA forces continued to use antipersonnel 
landmines (see Section 1.g.). According to the National Institute for 
the Removal of Explosive Obstacles and Devices, a government agency, 
100 persons were killed and 327 were injured by landmine explosions 
during the first half of the year; most of the incidents occurred in 
areas that had been mined by UNITA. There was an unconfirmed report 
that on February 17, 10 persons were killed and 18 were injured when a 
truck hit an antitank mine. In April 33 persons were killed and 17 
injured, including two young children, in two landmine attacks in the 
province of Uige. The Government blamed UNITA rebels for the deaths.
    UNITA military units reportedly pillaged rural areas, depopulated 
parts of the country, killed traditional leaders, and eliminated all 
opposition, real or potential. UNITA troops committed numerous 
extrajudicial killings during attacks on villages. Interviews with many 
refugees indicated that UNITA committed abuses, including public 
extrajudicial killings, as a deliberate policy. On February 6, UNITA 
shelled and attacked Santa Clara in Cunene province; at least 26 
civilians were killed and more than 40 were injured. There was an 
unconfirmed report that on March 21, UNITA rebels stoned and crucified 
six children for allegedly giving information to the Government. On May 
20 and 21 in Bie province, UNITA attacked and looted a hospital in 
Camacupa. On June 7, the government press reported the discovery of 17 
mass graves in the Bie province, each containing more than 100 bodies; 
however, the report was not confirmed by independent sources by year's 
end. On July 8, an orphanage in Huambo province was attacked and 
looted, reportedly by 100 UNITA bandits; a teenager was killed, 4 were 
injured, and 25 were kidnaped. On August 8, UNITA rebels killed four 
civilians during an attack on the town of Catete.
    UNITA killed numerous civilians during attacks on civilian traffic 
on roads in the interior of the country; such attacks were designed to 
halt transportation, disrupt commerce, isolate populations, and 
maintain a climate of insecurity. Many such attacks occurred on the 
Malanje-Luanda road during the year.
    UNITA forces reportedly killed 80 Christians during the year for 
providing information to the Government (see Section 2.c.).
    During raids in the Kavango and Caprivi regions of Namibia, UNITA 
forces killed civilians. On January 9, suspected UNITA forces shot and 
killed two civilians outside of Rundu. In February UNITA forces killed 
three civilians and burned nine houses in Shinyungwe village.
    There were reports that UNITA continued to use forced conscription 
and killed persons who attempted to desert (see Sections 1.b. and 
1.f.).
    On October 2, the body of journalist Antonio Paciencia was 
discovered in Zambia. The results of an investigation determined that 
he had been killed, but did not attribute responsibility for the 
killing; however, the Government and some journalists blamed UNITA for 
the killing.
    UNITA never has accounted for the deaths of numerous senior party 
officials. A number of high-ranking UNITA officials who have defected 
revealed the extent of extrajudicial killings in UNITA-held areas. Two 
former UNITA secretaries general, a former head of UNITA intelligence, 
and others reported that Savimbi personally ordered extrajudicial 
killings of opponents and, in some cases, personally carried out the 
executions. UNITA does not allow the U.N. to investigate claims of 
human rights abuses in the limited areas (less than 5 percent of the 
country's territory) that it controls.
    There were no further developments into the September 1999 case in 
which National Assembly Deputy Joao Ngolongombe Jacob, who was a member 
the non-Savimbi faction of UNITA, was killed by unknown persons. In 
January 1999, a U.N. chartered aircraft was shot down; there was no 
further information available on the case at year's end. In January 
1999, Father Albino Saluaco and two catechists were killed by armed men 
in Huambo (see Section 2.c.); although no group claimed responsibility 
for the killings, there were credible reports that it was UNITA.
    UNITA and the separatist group FLEC-FAC killed foreign nationals. 
For example, on April 27, FLEC-FAC killed a foreign national during an 
ambush north of Dingo.
    FLEC-FAC forces tortured and killed civilians in the Cabinda region 
(see Section 1.a.). In May FLEC-FLAC forces kidnaped three foreign and 
one local employee of a construction company.
    On June 2, 12 persons were killed and 52 were injured when a group 
of children brought a discarded missile into a refugee camp near 
Malanje, and it exploded.
    On June 10, polio vaccination workers passing through the Huambo 
area discovered an ambushed truck with 7 dead persons inside.
    On July 9, approximately 100 members of UNITA attacked a 
residential school and training center in Huambo Province; the UNITA 
members kidnaped 21 children, killed 1 boy, and injured at least 4 
others.
    On October 20, there were reports that dozens of persons were 
killed during an attack by unknown gunmen on two buses and a car. 
Reportedly a bus was set on fire with the passengers still inside; the 
gunmen also burned the other two vehicles.
    b. Disappearance.--Persons taken into police custody often 
disappeared without a trace, particularly in rural areas. Suspects 
accused of illegal weapons ownership or collaboration with UNITA 
disappeared.
    Civilians abducted by UNITA generally either were recruited 
forcibly as soldiers or support personnel, or were considered 
government collaborators. The frequent discovery of bodies in the 
aftermath of attacks suggested that suspected collaborators were 
executed summarily. Those who escaped UNITA custody and were able to 
return to government-held areas reported that they were subjected to 
torture, beatings, and sexual abuse (see Section 1.c.). There was an 
unconfirmed report that on January 29, six armed men abducted two 
teenage girls from a village near the border. UNITA rebels were 
suspected in the incident; however, no further information was 
available on the incident by year's end. On July 9, approximately 100 
members of UNITA attacked a residential school and training center in 
Huambo Province; the UNITA members kidnaped 21 children, killed 1 boy, 
and injured at least 4 others. On July 18, UNITA kidnaped two priests, 
eight nuns, and five students during an armed attack on a Roman 
Catholic mission in Benguela Province. The kidnaped persons were 
released on July 26.
    There were also reports that members of the FLEC-FAC separatist 
group kidnaped civilians. On May 25, members of FLEC-FAC kidnaped three 
foreign and one local employee of a Portuguese company in Cabinda; 
FLEC-FAC claimed that they still were holding them at year's end.
    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution and the Penal Code explicitly prohibit 
all forms of mistreatment of suspects, detainees, or prisoners; 
however, security forces tortured, beat, raped, and otherwise abused 
persons. The International Committee of the Red Cross (ICRC), the U.N., 
and human rights organizations reported that there was widespread 
government abuse of suspects.
    Security service personnel frequently employed torture and other 
forms of cruel and degrading treatment, including rape. Police used 
torture and coerced confessions frequently during investigations and 
rarely, if ever, were punished for such abuses. Those suspected of ties 
to UNITA regularly are detained under inhuman conditions and are 
subjected to primitive and brutal forms of interrogation. Nonpolitical 
criminal suspects also are subjected to detention and abuse, although 
to a much lesser extent. There have been no cases in which an army or 
police official has been disciplined for the use of excessive force 
against an UNITA suspect. Police often beat and released suspects in 
lieu of trials (see Section 1.d.). Police frequently participate in 
shakedowns, muggings, carjackings, and killings. Police also extorted 
money from travelers at checkpoints, and routinely harassed refugees 
(see Section 2.d.).
    Reports that government forces raped women in the central highlands 
increased during the year; government forces reportedly attacked women 
in their homes, while they were working in the fields, near military 
camps, and during searches of homes (see Section 1.f.). Rapes by 
government forces were reported most commonly in the Bie, Huambo and 
Uige provinces.
    Police officers and soldiers reportedly harassed internally 
displaced persons (IDP's) and denied them humanitarian assistance due 
to misappropriation of supplies (see Section 2.d.).
    There were reports that police beat protesters during 
demonstrations in February (see Section 2.b.).
    There were numerous reports of abuses of Namibian citizens by the 
FAA in the border areas. A Namibian human rights organization reported 
that in July the army executed two Namibian civilians and wounded 
another (see Section 1.a.).
    Some individual members of the FAA reportedly committed acts of 
rape and looting in the Republic of the Congo (see Section 1.a.).
    Landmines laid by both sides during the conflict resulted in an 
increasing number of fatalities and injuries, including maiming (see 
Sections 1.a. and 1.g.).
    The U.N. and human rights organizations report that abuse of 
suspects is universal in areas remaining under UNITA control. 
Interviews with persons who have fled UNITA-held areas revealed that 
UNITA uses cruel and inhuman practices, including public torture, to 
punish dissent and deter further acts of disloyalty. Torture is used at 
all levels of the UNITA forces. There have been repeated credible 
allegations that UNITA president Jonas Savimbi has ordered suspects 
tortured and executed in his presence. There were reports that UNITA 
engaged in reprisal attacks on civilians during the year. UNITA 
reportedly cut off the ears and hands of civilians in order to extract 
information and to discourage civilians from providing the Government 
with information on UNITA or from fleeing to government-controlled 
areas. On July 9, approximately 100 members of UNITA attacked a 
residential school and training center in Huambo Province; the UNITA 
members kidnaped 21 children, killed 1 boy, and injured at least 4 
others.
    There were numerous reports that UNITA forces abused Namibian 
citizens in the border areas.
    FLEC-FAC forces tortured and killed civilians in the Cabinda region 
(see Section 1.a.).
    Prison conditions are harsh and life-threatening. Cells are 
overcrowded and lack basic sanitary facilities. The prison system holds 
approximately five times the number of prisoners that it was built to 
hold. Many prisons, lacking financial support from the Government, were 
unable to supply prisoners with adequate food and health care. There 
were credible reports that many prisoners died of malnutrition and 
disease. For example, at the Viana Prison malnutrition and disease are 
pervasive problems. In November the Government and the National 
Assembly Committee on Human Rights acknowledged that conditions are 
inhuman and announced modest appropriations for improvements in the Sao 
Paulo Prison hospital in Luanda and Viana prison outside the capital. 
Members of the Committee visited both institutions and donated 
mattresses and other supplies to the inmates.
    Prison officials routinely beat detainees. Prisoners depend on 
families, friends, or international relief organizations for basic 
support, including food; prisons often do not provide any food to 
prisoners. Prison officials, who are chronically unpaid, support 
themselves by stealing from their prisoners and extorting money from 
family members. Juveniles, often incarcerated for petty theft, are 
housed with adults and suffer abuse by guards and inmates. Female 
prisoners are held separately from male prisoners. There were reports 
that prison guards sexually abused female prisoners. Detained 
journalists were also housed with other prisoners.
    The Government permitted foreign diplomatic personnel and local and 
international human rights monitors to visit prisons during the year, 
and unlike in the previous year, they were permitted to visit 
individual prisoners. A local NGO was launched to document prison 
conditions in Luanda (see Section 4).
    The conditions of UNITA's prisons were not known; however, 
extensive testimony from defectors described harsh conditions of 
confinement and summary executions.
    d. Arbitrary Arrest, Detention, or Exile.--Arbitrary arrest and 
detention are serious ongoing problems. Security forces used arbitrary 
arrest and detention during the year. Under the law, a person caught in 
the act of committing a crime may be arrested and detained immediately. 
Otherwise, the law requires that a judge or a provincial magistrate 
issue an arrest warrant. Arrest warrants also may be signed by members 
of the judicial police and confirmed within 5 days by a magistrate. The 
Constitution provides for the right to prompt judicial determination of 
the legality of the detention. Under the law, the prosecution and 
defense have 90 days before a trial to prepare their case, although 
both sides generally have the right to request an extension of this 
deadline under extenuating circumstances. The Constitution also 
provides prisoners with the right to receive visits by family members. 
Such rights are frequently ignored in practice; however, the Government 
paid increased attention to the rights of prisoners during the year; 
however, there was no substantial change in practice by year's end. 
There is a scarcity of personnel and resources and a lack of official 
determination to ensure these rights. Although the Ministry of Justice 
is nominally in charge of the prison system, the Ministry of the 
Interior continued to arrest and detain persons systematically, 
arbitrarily, and secretly for all categories of crimes and for 
indefinite periods, often with no apparent intent to bring the 
detainees to trial.
    Under the criminal law a person may not be held for over 135 days 
without trial. The National Security Law provides for a maximum of 180 
days of preventive detention. In practice, laws regarding preventative 
detention frequently are ignored. Over 90 percent of inmates in Luanda 
still are awaiting trial, and it is believed that the national average 
is over 50 percent. Inmates who have been awaiting trial for 2 or 3 
years are common. In many cases, police beat and then released 
detainees rather than make any effort to prepare a formal court case.
    In February police disrupted several demonstrations; they arrested 
and detained protestors (see Section 2.b.).
    On October 27, the Independent Union of Maritime and Association 
Workers of Angola (SIMA) engaged in a strike. Management threatened to 
fire the striking workers in retaliation, but all of the striking 
workers retained their jobs. Police arrested six strikers, but they 
were released on October 30 and acquitted of charges of disturbing the 
peace.
    In December 1999, a journalist, Andre Domingos Mussamo, was 
arrested and held in preventive detention for 3 months on charges of 
defamation before being released on bail in March (see Section 2.a.). 
Although the Press Law only allows a maximum of 15 days in detention, 
and other laws allow for a maximum detention of 45 days, the provincial 
Attorney General extended Mussamo's detention to 90 days; in April 
Mussamo was released without a trial, and in May all criminal charges 
against him were dropped.
    The Government holds an unknown number of suspected UNITA officials 
and supporters in areas where government control was regained. In past 
years, the Government invariably accused these persons of illegal 
weapons possession or collaboration with UNITA, although formal charges 
rarely were filed. However, the Government improved its compliance with 
the law, and there were no documented cases of further detentions of 
suspected UNITA officials and supporters during the year.
    UNITA continued to kidnap and detain persons primarily from rural 
areas against their will. The number of such persons is unknown.
    The Lusaka Protocol provides for the release, under International 
Committee of the Red Cross (ICRC) auspices, of persons detained for 
war-related reasons. Neither the Government nor UNITA regularly 
notified the ICRC or any other institution that it had POW's in 
custody. Between 10,000 and 15,000 UNITA soldiers have surrendered or 
been captured; most of them either entered the FAA or were released by 
the Government and placed in IDP camps.
    The Government did not use forced exile as a form of punishment. 
Some UNITA members claimed that they went into self-imposed exile 
because the Government threatened their lives.
    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary; however, the judiciary, where it functions, is 
not independent of the President and the MPLA, and political pressure 
from the presidency affected the outcome of cases. In practice the 
court system lacked the means, experience, training, and political 
backing to assert its independence from the President and the ruling 
MPLA party. The President has strong appointive powers, including the 
power to appoint Supreme Court justices without confirmation by the 
National Assembly. The judicial system largely was destroyed during the 
civil war and did not function in large areas of the country. In many 
cases, police beat and then released detainees rather than make any 
effort to prepare a formal court case.
    The court system consists of the Supreme Court at the appellate 
level plus municipal and provincial courts of original jurisdiction 
under the nominal authority of the Supreme Court. The Supreme Court 
serves as the appellate division for questions of law and fact. A 
Constitutional Court provided in the 1991 Constitution had not been 
established by year's end; the Constitution provides for judicial 
review of constitutional issues by the Supreme Court until the 
Constitutional Court is established. There are long delays for trials 
at the Supreme Court level.
    Trials for political and security crimes are supposed to be handled 
exclusively by the Supreme Court; however, there were no known cases of 
such trials. During the trial of Rafael Marques and Aguiar Dos Santos, 
the judge closed proceedings to the general public (except for members 
of the Bar Association), although visitors were allowed to observe the 
closing statements and the announcements of the final ruling (see 
Section 2.a.).
    The Constitution provides defendants with the presumption of 
innocence, the right to a defense, and the right to appeal. Legal 
reform in 1991 established the right to public trials, a system of 
bail, and recognized the accused's right to counsel; however, the 
Government does not respect these rights in practice. Trials are open 
to the public; however, each court has the discretion to close 
proceedings arbitrarily. Defendants do not have the right to confront 
their accusers. Judges are usually lay persons, not licensed lawyers. 
The judge and two lay persons elected by the full court act as the 
jury.
    On November 24, the MPLA introduced a general amnesty bill to the 
National Assembly, which was approved on November 29. Although the non-
Savimbi faction of UNITA introduced its own version, it later withdrew 
the proposal. The bill requires a voluntary request for amnesty by any 
individual and covers national security crimes, honesty (defamation), 
military crimes and common crimes. The bill also includes a 90-day 
period during which an individual is allowed to request amnesty. The 
bill was not implemented formally by year's end; however, many 
prisoners were released under its provisions during the year.
    In the past, UNITA established a nominal military and civilian 
court system in territories under its control and claimed that its 
Civil Code is equivalent to the Portuguese Civil Code used by the 
Government; however, there was no indication that UNITA maintained this 
system during the year. The areas under UNITA's control diminished to 
isolated pockets that composed about 5 percent of the country, and 
reports during the year indicated that strict martial law applies in 
those areas.
    There were reports that the Government holds political prisoners; 
however, the number is unknown. The Government denied that it holds 
political prisoners and insisted that persons considered by some of 
civil society to be political prisoners are criminals.
    There are numerous confirmed reports that UNITA holds political 
detainees. It is not known if persons detained by UNITA were convicted 
by UNITA judicial procedure; decisions made by UNITA courts have no 
standing under the country's legal system, and persons were denied due 
process protections.
    f. Arbitrary Interference with Privacy, Family, Home or 
Correspondence.--The Government infringed on citizens' privacy rights. 
The Government maintained a sophisticated security apparatus dedicated 
to the surveillance, monitoring, and wiretapping of certain groups, 
including opposition party leaders, journalists, members of the 
National Assembly and foreign diplomats. Legal requirements for search 
warrants routinely are disregarded.
    There were reports that army units engaged in a scorched earth 
policy during the year, burning villages and killing civilians (see 
Section 1.a.). Government forces reportedly attacked women in their 
homes, while they were working in the fields, near military camps, and 
during searches of homes (see Section 1.c.).
    On June 20, armed individuals dressed as security forces visited 
the Voice of America (VOA) offices and demanded the addresses of the 
homes of several independent media correspondents; the addresses were 
not given to them. The Government did not acknowledge nor attribute 
responsibility for the incident.
    The Government threatened to evict from his home a journalist who 
had been charged with defamation (see Section 2.a.).
    To enforce laws on mandatory military service, the armed forces and 
police conducted forced conscription drives in many of the areas under 
the control of the Government, including Luanda, in which some minors 
may have been recruited. Under the law, military service is obligatory, 
but the pattern of the forced recruitment targeted poor communities and 
unemployed young men. Persons who could prove that they had jobs 
usually were released, and those with financial means could purchase an 
exemption from the armed forces. The Government denied that forced 
recruiting was taking place. Church groups, civil society institutions, 
and foreign embassies protested the manner of conscription.
    UNITA reportedly looted and destroyed property while replenishing 
their supplies of food and medicine.
    UNITA continued to conscript civilians, including children 
forcibly, for military duty (see Section 1.g.).
    g. Use of Excessive Force and Violations of Humanitarian Law in 
Internal Conflicts.--Military operations by both the Government and 
UNITA continued to result in numerous human rights violations. The 
Government and UNITA continue to use antipersonnel landmines to 
strengthen defensive positions and, in the case of UNITA, to prevent 
residents within its own areas from fleeing to government-held areas 
(see Section 2.d.). Large areas have been remined since the resumption 
of fighting in 1999, mostly by UNITA. Military attacks have resulted in 
indiscriminate and summary killings, torture, abductions, destruction 
of property, and theft (see Sections 1.a., 1.b., and 1.c.). The 
provinces most affected were Lunda Norte, Lunda Sul, Malange, Bie, and 
Moxico, although UNITA also has mounted raids on or near the coast. 
There were several attacks on Congolese miners during the year. The 
Government's failure to pay, feed, and equip many of its army and 
police personnel resulted in frequent extortion and theft. Government 
personnel frequently confiscated food, including donated relief 
supplies, livestock, and personal property; however, respect for 
humanitarian workers and property by security forces improved during 
the year as the result of an order from the Armed Forces Chief of Staff 
and better liaison between the Government and the U.N. on such 
problems.
    There were reports that army units engaged in a scorched earth 
policy, burning villages and killing civilians (see Section 1.a.).
    The Government continued to use forced conscription (see Section 
1.f.).
    In July the local government in Kwanza Norte evicted journalist 
Isidoro Natalicio from his home on the grounds that his work for 
independent and international radio stations violated his lease (see 
Section 2.a.).
    In May the U.N. estimated that as many as 7 million landmines have 
been laid in the country, and new mines were laid during the year. 
There were numerous injuries and deaths resulting from landmines (see 
Sections 1.a. and 1.c.). Various NGO's participated in landmine 
clearance operations during the year, and the Government implemented a 
Mine Action Plan.
    UNITA forces routinely violated citizen's rights in pursuit of 
military objectives. UNITA attacks against civilian populations as a 
guerrilla strategy resulted in hundreds of casualties. There were 
continued reports of deaths resulting from UNITA attacks on villages 
throughout the country and executions of suspected government 
supporters by UNITA forces (see Section 1.a.). The Government 
attributed the discovery of mass graves to UNITA actions (see Section 
1.a.).
    The number of IDP's continued to increase (see Section 2.d.).
    UNITA carried out forced recruiting, including of children, 
throughout all of the country's disputed territory. Recruits were taken 
to isolated military camps and subjected to psychological stress and 
extreme hardships; those who attempted to desert were executed. Women, 
many as young as 13 years of age, were recruited forcibly to serve as 
porters and camp followers, and reports of sexual assault were 
widespread and credible.

Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of expression and of the press and specifically provides that 
the media cannot be subject to ideological, political, or artistic 
censorship; however, the Government does not always respect this right 
in practice. Although the Government's respect for freedom of the press 
improved marginally beginning in March, the Government continued to 
intimidate and threaten journalists into practicing self-censorship. 
There were reports that the Government pays journalists to publish 
progovernment stories. The Government detained for up to several months 
or placed under investigation journalists who reported on sensitive 
issues, including military operations, government corruption, and 
UNITA, especially Jonas Savimbi. However, there was increasing private 
media attention to corruption, economic mismanagement, and opposition 
politics; journalists acknowledge that they exercise self-censorship 
when reporting on the military situation, internal security, or other 
highly sensitive matters.
    The news ban on war coverage that was instituted in 1999 remained 
effective; however, the strong discouragement of negative news coverage 
by the Government that occurred in 1999 lessened during the year.
    Defamation against the President or his representatives is a 
criminal offense, punishable with imprisonment or fines. There is no 
truth defense to defamation charges; the only allowable defense is to 
show that the accused did not produce the actual writing alleged to 
have caused harm. In June journalist Gustavo Costa, the editor of a 
Portuguese newspaper, was convicted of defamation against the Governor 
of Kwanza North, Manuel Pacavira. In June the director of the 
independent weekly Agora, Aguiar Dos Santos, and a columnist for Folha 
8, Rafael Marques, were found guilty of defamation. On October 27, the 
Supreme Court upheld the convictions of Marques, Aguiar Dos Santos, and 
Costa. Aguiar Dos Santos was sentenced to 2 months in prison, a fine, 
and travel restrictions; their sentences were suspended for 3 years. 
Costa was sentenced to 8 months for defamation, which also was 
suspended for 3 years, and travel restrictions were imposed on him. On 
December 11, the Supreme Court ordered the police to lift the travel 
restrictions that had been imposed on Marques, Dos Santos, and another 
journalist, Antonio Freitas; however, on December 12, government 
officials prevented Marques from leaving the country and temporarily 
confiscated his passport. Travel restrictions subsequently were lifted 
for the three journalists.
    In January Rafael Marques, a columnist for the independent weekly, 
Folha 8 who was arrested and detained for a July 1999 article critical 
of President Dos Santos, was released on bail after 45 days of 
preventive detention (see Section 1.d.). His trial for defamation of 
the President in March was closed to the public (although members of 
the Bar Association could observe); the judge refused to allow 
Marques's lawyer to present evidence regarding the truth of what 
Marques wrote. Marques was convicted and given a suspended sentence of 
6 months, the maximum under the law, as well as a large fine. On April 
27, police again interrogated Rafael Marques after he wrote an article 
that criticized the Government for the reinstitution of the military 
draft.
    In November 1999, Isidoro Natalicio was convicted of defamation, 
and his appeal was pending at year's end. During the year, the local 
government threatened to evict Natalicio from his home, and filed 
another defamation charge against him. In July the local government in 
Kwanza Norte evicted him from his home on the grounds that his work for 
independent and international radio stations violated his lease.
    In August 1999 the Government banned Isaias Soares, a VOA and Radio 
Ecclesia journalist, from covering official events or reporting on 
military issues in Malange. In July and August, the Government 
continued to harass Soares, and the provincial government seized his 
motorcycle, which was his only means of transport.
    In 1999 the Government harassed, arrested, and detained more than 
20 journalists on charges of slander, defamation, and crimes against 
the security of the State; however, such incidents decreased during the 
year. In July individuals claiming they represented government 
authorities kidnaped Catholic Radio Ecclesia director Paulo and forced 
him to drive at gunpoint to the outskirts of Luanda, where he managed 
to escape unhurt. The Government later disclaimed responsibility for 
the assault. In December 1999, police arrested and detained in Kwanza 
Norte province Andre Mussamo, correspondent for Angolan National Radio 
and contributor to Folha 8, for ``violation of a state secret.'' On May 
31, the charges were dropped when it was shown that Mussamo had not 
published any material from a secret document; however, the person who 
provided Mussamo with the document was convicted. Mussamo reportedly 
still is under investigation, and he has been barred from leaving the 
country or from practicing journalism. The Union of Angolan Journalists 
criticized the Government's actions in the Mussamo case.
    The majority of the media is state-run and carries very little 
criticism of the Government; however, the Government has tolerated 
progressively more criticism of its policies and actions in the 
independent media. There are five private weekly publications with 
circulations in the low thousands. There are also five commercial radio 
stations including the Catholic Radio Ecclesia, and Radio Lac Luanda, 
which openly criticized aspects of government policies and highlighted 
poor socioeconomic conditions. A committee composed of the Minister of 
Social Communication, the spokesman of the presidency, and the 
directors of state-run media organizations controls policy and 
censorship authority. The MPLA's secretary general also influences the 
content and tone of state-run media reporting. The Government used its 
control of the media to engage in a hostile propaganda campaign against 
UNITA, including unconfirmed allegations of UNITA massacres, as a means 
of influencing local and international public opinion.
    There were some attempts by the Government to improve relations 
with the media, including visits to independent radio and newspapers by 
the Vice-Minister of Social Communication. Media harassment diminished 
in most areas in the latter half of the year, with the exception of 
Kwanza Norte and Malange, where the Government continued to target 
journalists.
    As a result of the Marques trial, the Government decided to revise 
the press law. In August a committee appointed by the President 
released a draft law for public comment. Despite wide criticism of the 
new text, the Government encouraged a series of public seminars, and 
radio and television programming on the topic. In September the 
Government extended the original 6-week review period by 3 weeks to 
accommodate public feedback. The draft was criticized widely for not 
allowing the expansion of political dialog and discussion and for 
increasing the criminal penalties for defamation. The Committee to 
Protect Journalists (CPJ) recommended the withdrawal of the draft law. 
In October the Government suspended the drafting process, withdrew its 
draft, and announced its intention to appoint a committee consisting of 
both government and nongovernment representatives to reconsider the 
drafting process; however, the process had not begun by year's end.
    The Government generally did not restrict the activities of foreign 
media, including the British Broadcasting Corporation (BBC) and VOA; 
however, it continued to refuse to allow direct retransmission of their 
broadcasts. Foreign journalists must obtain authorization from the 
Ministry of the Interior in order to obtain access to government 
officials or to travel within the country. Media requests to travel to 
areas that were not controlled by the Government were routinely denied. 
The Government placed no abnormal visa restrictions on foreign 
journalists and allowed them freedom to report on all aspects of 
society.
    During the year, there was a conviction in the case of the 1996 
killing of state-television reporter Antonio Casimiro (see Section 
1.a.).
    UNITA does not permit freedom of expression in the areas under its 
control.
    Academic life has been circumscribed severely by the civil war; 
however, there is academic freedom, and academics do not practice self-
censorship.
    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for the right of assembly; however, the Government strictly 
controls this right in practice, although official tolerance for public 
protest increased. The law requires a minimum of 3 days' prior notice 
before public or private assemblies are held, and makes participants 
liable for ``offenses against the honor and consideration due to 
persons and to organs of sovereignty.'' Applications for progovernment 
assemblies are granted routinely without delay; however, applications 
for protest assemblies rarely are granted.
    On February 18, 25 members of the Party for the Support of 
Democracy and Progress in Angola (PADPA) members demonstrated in front 
of the Carmo Church in downtown Luanda in a highly publicized hunger 
strike against an increase in fuel prices. Police dispersed the 
demonstration on the grounds that the police had not received the 
required 3-day notification prior to the demonstration, and police 
detained 12 protesters. There also were allegations of police assault 
against protestors. On February 23, police dispersed a demonstration 
outside the Luanda Provincial Government and reportedly beat some 
demonstrators. On February 24, police with rifles dispersed a 
demonstration, arrested 10 protestors, including the leaders of 2 
opposition parties, and reportedly beat some of the protestors. On 
February 25, the police issued an apology for the arbitrary arrests.
    The Government became more tolerant of public protest during the 
latter half of the year. On March 11, officials permitted an opposition 
march by 100 members of opposition parties against high fuel prices; 
this was the first authorized opposition demonstration since 1992.
    The Constitution provides for the right of association; however, 
the Government restricts this right in practice. Legislation allows the 
Government to deny registration to private associations on security 
grounds; however, in practice the Government accepts virtually all 
applications, including those for political parties. However, there are 
informal government constraints on the operation of associations. The 
Government arbitrarily limits organized activities deemed adverse to 
its interests, by refusing to grant licenses and through other means.
    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government respects this right in practice.
    The Government does not require religious groups to register. 
Colonial era statutes banned all non-Christian religious groups from 
the country; while those statutes still exist, they are no longer 
enforced.
    Members of the clergy in government-held areas regularly use their 
pulpits to criticize government policies.
    While in general UNITA permits freedom of religion, interviews with 
persons who left UNITA-controlled areas reveal that the clergy does not 
enjoy the right to criticize UNITA policies.
    In January 1999, unknown gunmen killed Father Albino Saluaco, a 
Catholic parish priest, and two catechists in a town in the province of 
Huambo that was under UNITA military occupation. No group had claimed 
responsibility for the incident by year's end (see Section 1.a.).
    d. Freedom of Movement Within the Country, Foreign Travel, 
Emigration, and Repatriation.--The Constitution provides for freedom of 
movement and residence, and freedom of exit from and entry into the 
country; however, the Government does not respect these rights in 
practice. A network of government security checkpoints throughout the 
country interfered with the right to travel. Such checkpoints serve 
also as the principal source of income for many of the country's 
security service personnel. Extortion at checkpoints is routine in the 
center of Luanda and pervasive on major commercial routes. Police 
routinely harassed refugees at checkpoints (see Section 1.c.). The 
Government routinely cuts off access to areas of the country that are 
deemed insecure or beyond the administrative authority of the State. 
Insecurity prevented persons from transporting goods during the year. 
The Government did not place restrictions on emigration and 
repatriation; however, there were reports that immigration officials 
harassed and extorted money from foreign businessmen.
    Journalists who were convicted of defamation were temporarily 
prohibited by the Government from traveling outside of the country (see 
Section 2.a.).
    Landmines are a major impediment to the freedom of movement. UNITA 
used landmines primarily on roads and trails to disrupt transportation, 
and to control village populations. Government mining generally was 
confined to strategic positions around towns for defensive purposes. 
Estimates of the total number of landmines deployed throughout the 
country range into the millions. Fear of injury and death from 
landmines effectively imprisoned and impoverished entire communities. 
There were at least 100 fatalities due to landmine explosions during 
the year, and there are over 80,000 survivors of landmine explosions 
(see Section 1.g.).
    In April the Angolan Ministry of Assistance and Social Re-Insertion 
(MINARS) estimated that there were 3,800,000 IDP's in the country. In 
the same month, the U.N. reported 1,480,942 confirmed IDP's and a total 
of 2,299,314 reported IDP's in the country. There are 120 IDP camps in 
the country, 35 of which were inaccessible due to their distance from 
urban centers, and there is a lack of adequate water supply in these 
areas. Many IDP's are former returnees from neighboring countries who 
were reintegrated into the country from 1994 to 1998. There were 
instances in which IDP's were harassed by police officers and soldiers, 
and denied humanitarian assistance due to misappropriation by the 
authorities. IDP's were conscripted forcibly in both Government and 
UNITA controlled areas (see Section 1.f.). Provincial governments in 
the country at times relocated IDP's to areas with security problems. 
On June 2, 9 persons were killed and 50 were injured when a discarded 
missile exploded in an IDP camp (see Section 1.a.). There have also 
been reports of male IDP's being forced by authorities to leave IDP 
camps and return to their places of origin. However, the IDP's overall 
situation improved during the year. Many IDP's were moved from transit 
camps and urban warehouses with poor conditions to rural, safe security 
areas, and provided with homes, small land parcels, medical care, and 
education by the Government and UNHCR. In November the UNHCR began new 
IDP assistance programs and now provides protection and assistance in 
three provinces.
    Approximately 170,000 citizens sought refuge in the Democratic 
Republic of the Congo (DRC) as a result of the conflict. In November 
the UNHCR reported that between 15,000 and 18,000 citizens gathered 
near the border with DRC; they remained near the border at year's end. 
Thousands of citizens reportedly crossed into Namibia during the year.
    The law provides for the granting of refugee and asylee status in 
accordance with the 1951 U.N. Convention Relating to the Status of 
Refugees and its 1967 Protocol. The Government cooperates with the U.N. 
High Commissioner for Refugees. The Government provides first asylum to 
refugees. An eligibility committee to evaluate asylum claims meets 
regularly to evaluate asylum requests. According to UNHCR, the country 
has approximately 12,000 refugees, 90 percent of whom are from the DRC.
    There were no reports of the forced expulsion of persons with valid 
claims to refugee status.

Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The Constitution provides all adult citizens with the right to vote 
by secret ballot in direct multiparty elections to choose the President 
of the Republic and deputies in the 220-seat National Assembly; 
however, in practice citizens have no effective means to change their 
government. The Lusaka Protocol establishes the mechanism for returning 
the country to an electoral calendar. The Constitutional Committee of 
the National Assembly continued to work on a new constitution and a new 
electoral law; however, the process was not completed by year's end. 
During the year, the Government announced that elections were scheduled 
for 2001, but later postponed them until 2002. Opposition parties 
complained of harassment and intimidation by the Government.
    The President is elected by absolute majority. If no candidate wins 
such a majority, a runoff must take place between the two candidates 
with the most votes. Of the 220 deputies in the National Assembly, 130 
are elected on a national ballot, and 90 are elected to represent the 
provinces. The Electoral Law also calls for the election of three 
additional deputies to represent citizens living abroad; however, those 
positions were not filled in the 1992 elections.
    Ruling power is concentrated in the President and other members of 
the Council of Ministers, through which the President exercises 
executive power. The Council can enact decree-laws, decrees, and 
resolutions, thereby controlling most functions normally associated 
with the legislative branch. Although the Constitution establishes the 
position of Prime Minister, the President dismissed the Prime Minister 
during the MPLA Party Congress at the end of 1998, assumed the position 
himself by decree, and continued to hold the position at year's end. 
The National Assembly has, since its inception, served as a rubber 
stamp for the Council of Ministers. Nevertheless, with opposition 
deputies holding about 43 percent of National Assembly seats, 
substantive debates sometimes took place on issues ranging from the 
peace process to the Government's budgeting priorities and 
accountability. In August the parliamentary opposition held a 3-day 
conference in a National Assembly annex with the specific objective of 
organizing an electoral coalition; the conference included 300 
activists from seven opposition parties.
    The 1992 elections were the first multiparty democratic elections 
in the country's history; they were conducted with U.N. supervision and 
financial support. MPLA president Jose Edardo Dos Santos won a 
plurality of votes cast in the presidential election (49 percent), and 
UNITA leader Jonas Savimbi finished second (40 percent). Although local 
and international observers declared the election to be generally free 
and fair and called on UNITA to accept the results, UNITA claimed that 
the elections were fraudulent, rejected the results, and returned the 
country to civil war. The runoff election between Dos Santos and 
Savimbi was never held. The Lusaka Protocol stated that it would take 
place following a U.N. determination that requisite conditions exist. 
The National Assembly voted in June 1999 to cancel the runoff election, 
pending a determination that conditions are appropriate for a new 
election.
    In 1997 UNITA and 10 smaller opposition parties joined the ruling 
MPLA in a government of national unity and reconciliation. In 1998 
UNITA officials assumed 4 ministerial and 7 vice-ministerial positions, 
and 70 UNITA deputies took their seats. UNITA governors, vice 
governors, and local administrators were nominated, but remaining 
positions were filled by members of a splinter UNITA group, UNITA-
Renovada, which is recognized and assisted by the Government. The 
National Assembly promulgated a special status for Savimbi, declaring 
him to be the leader of the largest opposition party and providing him 
with 5 official residences and a bodyguard contingent of 400 personnel. 
The National Assembly revoked Savimbi's status in 1998 for abrogating 
his duties under the Lusaka Protocol. In 1999 the Government declared 
Savimbi a war criminal and issued a warrant for his arrest; the warrant 
remained outstanding at year's end.
    There are no legal barriers to the participation of women in the 
political process; however, women are under represented in government 
and politics. Women occupy 10 of 83 cabinet positions, 35 of 220 seats 
in the National Assembly, and none of the 9 places on the Supreme 
Court.

Section 4. Governmental Attitudes Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    The Government does not prohibit independent investigations of its 
human rights abuses; however, it fails to cooperate and often uses 
security conditions as a false justification to deny access to affected 
areas.
    There were more than 120 registered NGO's operating in the country; 
approximately 45 were domestic NGO's. Local NGO's actively promoted 
human rights during the year. In October a local NGO, Maos Livres, was 
launched to document and expose prison conditions in Luanda. During the 
year, Maos Livres also provided free legal counsel to detained strikers 
from an independent longshoremen's union (see Section 6.a.).
    Several international organizations have a permanent presence in 
the country including the ICRC and the human rights division of the 
U.N. Human Rights Watch visited the country three times during the 
year.
    The Constitution provides for the creation of an Office of the 
Provider of Justice, or Ombudsman, designated by the National Assembly 
for a 4-year-term, to defend citizens' rights and liberties. However, 
this office had not been established at year's end.
    During the year, U.N. activities in the country resumed with a 
limited mandate and staff.

Section 5. Discrimination Based on Race, Sex, Religion, Disability, 
        Language, or Social Status
    Under the Constitution, all citizens are equal before the law and 
enjoy the same rights and responsibilities regardless of color, race, 
ethnicity, sex, place of birth, religion, ideology, degree of 
education, or economic or social condition. The Government does not 
have the ability to enforce these provisions effectively.
    Women.--Violence against women was widespread. Credible evidence 
indicated that a significant proportion of homicides was perpetrated 
against women, usually by spouses. In 1997 the Ministry of Women and 
Family was created to deal in part with violence against women. The 
Government continued its project to reduce violence against women and 
improve the status of women, and efforts during the year included 
public education campaign. Allegations of rape by Government forces in 
the central highlands increased during the year (see Section 1.c.). 
There were some unconfirmed reports of rape by UNITA forces.
    The Constitution and Family Code provide for equal rights without 
regard to gender; however, societal discrimination against women 
remained a problem, particularly in rural areas. In addition a portion 
of the Civil Code dates to colonial times and includes discriminatory 
provisions against women in the areas of inheritance, property sales, 
and participation in commercial activities. There are no effective 
mechanisms to enforce child support laws, and women carry the majority 
of responsibilities for raising children. Due to poor economic 
conditions, an increasing number of women engaged in prostitution. The 
law provides for equal pay for equal work; however, in practice, women 
rarely are compensated equally. Some women hold senior positions in the 
armed forces (primarily in the medical field) and civil service, but 
women mostly are relegated to low-level positions in state-run 
industries and in the small private sector. In much of the country, 
women constituted a growing percentage of the disabled, as they were 
most likely to become victims of landmines while foraging for food and 
firewood in agricultural areas. Under the law, adult women may open 
bank accounts, accept employment, and own property without interference 
from their spouses. Upon the death of a male head of household, the 
widow automatically is entitled to 50 percent of the estate with the 
remainder divided equally among legitimate children.
    A series of national conferences on women's rights, partially 
funded by foreign donors, continued to produce calls for the Government 
to amend the Civil Code to end women's legal inequality, create a 
social welfare program, and strengthen enforcement mechanisms for 
existing legislation.
    Children.--Approximately 50 percent of the population is believed 
to be under the age of 15; however, the Government gave little 
attention to children's rights and welfare. The Ministry of Education 
barely functioned due to a lack of resources and corrupt 
administration. Private religious, community, or corporate groups have 
been unable to fill this vacuum. Although primary and secondary 
education was free, students often have to pay significant additional 
expenses. Although primary education was compulsory, there were not 
enough schools and many children had to work to support their families. 
Teachers were chronically unpaid and often demanded unofficial payment 
or bribes from students. Teachers engaged in strikes in provinces 
throughout the country during the year (see Section 6.a.). The net 
enrollment rate of school-age children is 40 percent; however, while 50 
percent of children 5 to 14 years of age are in school, only 30 percent 
of children remain in school after grade 5. There was an 18 percent 
enrollment rate gap favoring boys over girls. Almost 1 million children 
are estimated to be out of school, with no prospect of integrating them 
into the education system. Most of the educational infrastructure was 
either partially or totally damaged and lacks basic equipment and 
teaching materials. Only 42 percent of the population was literate, and 
the illiteracy rate for women is almost twice that of men.
    UNITA and the Government allowed 8,000 child soldiers to be 
demobilized in 1996-97. The Government has not brought any significant 
numbers of children back into the armed forces, although some children 
have been caught up in forced recruitment campaigns (see Section 1.f.). 
There were credible reports that UNITA often forcibly recruits children 
as young as 10 years of age into its armed forces.
    Children often were victims in the civil war. Government and UNITA 
forces killed, kidnaped, and injured children during attacks throughout 
the year (see Sections 1.a., 1.b., and 1.c.). Children were killed and 
injured by landmine explosions in increasing numbers (see Section 
1.a.).
    The U.N. Children's Fund in 1998 estimated that there were 
approximately 5,000 street children in Luanda; some were orphans or 
abandoned while others ran away from their families or government 
facilities that were unable to support them. Living conditions in 
government youth hostels are so poor that the majority of homeless 
children preferred to sleep on city streets. Street children shine 
shoes, wash cars, and carry water, but many resort to petty crime, 
begging, and prostitution in order to survive (see Section 6.d.). An 
international NGO that works with street children estimated that there 
are 500 to 1,000 underage prostitutes in Luanda. There are no laws that 
specifically prohibit child prostitution; however, child prostitution 
is prohibited by a general criminal statute. The age of sexual consent 
is 12 years, and any sexual relations with a child under 12 years of 
age is considered rape. Sexual relations with a child between the ages 
of 12 and 17 can be considered sexual abuse. There are no laws 
specifically against child pornography; however, pornography is 
prohibited statutorily. The Ministry of Family and Women's Affairs 
enforces and oversees special family courts, and the National Institute 
for Assistance to Children has daily responsibility for children's 
affairs.
    The government-sponsored National Institute for Children was 
established in the late 1980's to enforce child protection, but it 
lacks the capacity to work adequately with international NGO's to 
assist dispossessed youth. The Government publicized the problems of 
street and homeless children during the year. There are no active 
private children's rights advocacy groups.
    People with Disabilities.--The number of the physically disabled 
persons includes an estimated 80,000 disabled landmine survivors. While 
there was no institutional discrimination against the disabled, the 
Government did little to improve their physical, financial, or social 
conditions. There is no legislation mandating accessibility for the 
disabled in public or private facilities, and, in view of the 
degradation of the country's infrastructure and high unemployment rate, 
it was difficult for the disabled to find employment or participate in 
the education system.
    National/Racial/Ethnic Minorities.--Years of war and internal 
dislocation have produced substantial integration of ethnic and 
linguistic groups, particularly in the coastal areas, where as much as 
half of the population resides. The largest ethno-linguistic group, 
about 40 percent of the country's population, is Ovimbundu, whose 
traditional region includes much of the south-central part of the 
country. Although they form the base for UNITA, there is little 
evidence of systematic discrimination against them by the Government or 
other groups. Other important ethno-linguistic groups include the 
Bakongo in the north; Kimbundu in the north-central area; and Chokwe in 
the far east. The coastal population centered in Luanda and, to a 
lesser extent, Benguela-Lobito, predominantly speaks Portuguese as a 
first language. The Portuguese-speaking group includes a large minority 
of ``Mesticos'' of mixed European and African ancestry and a small, 
white, predominantly Portuguese-descended population. In addition about 
30,000 Portuguese citizens live in the country, forming the bulk of the 
nonrefugee expatriate community.
    The population also includes 1 to 2 percent of Khoisan and other 
linguistically distinct hunter-gatherer tribes scattered through the 
provinces of Namibe, Cunene, and Cuando Cubango. There is no evidence 
that they suffer from official discrimination or harassment, but they 
do not participate actively in the political or economic life of the 
country, and they have no ability to influence government decisions 
concerning their interests.

Section 6. Worker Rights
    a. The Right of Association.--The Constitution provides for the 
right to form and join trade unions, engage in union activities, and 
strike; however, the Government does not respect these rights 
consistently in practice. The Government dominates the National Union 
of Angolan Workers (UNTA), which is the labor movement affiliated with 
the ruling MPLA party; however, there are two independent unions, the 
General Center of Independent and Free Labor Unions of Angola (CGSILA) 
and the small Independent Union of Maritime and Related Workers (SIMA). 
The CGSILA has a membership of approximately 50,000 members, and UNTA 
claims to have over 400,000 members. There are tensions between the two 
organizations. The law requires that labor unions be recognized by the 
Government. Restrictions on civil liberties potentially prevent any 
labor activities not approved by the Government; however, the major 
impediment to labor's ability to advocate on behalf of workers is the 
60 percent formal sector unemployment rate.
    The Constitution provides for the right to strike. Legislation 
passed in 1991 provides the legal framework for, and strictly 
regulates, that right. The law prohibits lockouts and worker occupation 
of places of employment and provides protection for nonstriking 
workers. It prohibits strikes by armed forces and police personnel, 
prison workers, and fire fighters. The law does not prohibit employer 
retribution against strikers effectively.
    There were several strikes during the year by teachers. On August 
7, teachers in four provinces engaged in strikes to protest lack of 
training and low wages (see Section 5).
    In September the Angolan Teachers Union organized a protest to 
demand a salary increase and back pay. Although teachers were paid 
arrears in Benguela, Lobito, and Kwanza South, other provinces claimed 
they were unable to make payments, and teachers returned to work by 
year's end. On October 27, the Independent Union of Maritime and 
Association Workers of Angola (SIMA) engaged in a strike. Management 
threatened to fire the striking workers in retaliation, but all of the 
striking workers retained their jobs. Police arrested six strikers, but 
they were released on October 30 and acquitted of charges of disturbing 
the peace. On December 12, UNTA organized a 3-day strike for an 
increase in the minimum wage. The CGSILA refused to cooperate and 
openly criticized UNTA for coopting CGSILA's long-standing support for 
a minimum wage increase, but demanding half of the amount that the 
CGSILA had advocated. The minimum wage had not been increased by year's 
end. In 1999 the National Union of Teachers, affiliated with CGSILA, 
twice called for a national strike to demand better and regular pay in 
order to correct the Government's chronic failure to pay teachers on 
schedule. On the first occasion, the Government negotiated with the 
union, but on the second occasion some members of the union were 
arrested and tried for acts against the State, although none were 
convicted or imprisoned as a result.
    Unions have the right to affiliate internationally.
    b. The Right to Organize and Bargain Collectively.--The 
Constitution provides for the right to organize and for collective 
bargaining; however, the Government generally does not respect those 
rights in practice. The Government dominates the economy through state-
run enterprises. The Ministry of Public Administration, Employment, and 
Social Security sets wages and benefits on an annual basis. Legislation 
prohibits discrimination against union members and calls for worker 
complaints to be adjudicated in regular civil courts. Under the law, 
employers found guilty of anti-union discrimination are required to 
reinstate workers who have been fired for union activities. In practice 
neither the Labor Code nor the judicial system are capable of defending 
these rights.
    On November 5, several railroad workers were ordered home after 
they reportedly attempted to change their union affiliation from UNTA 
to CGSILA; none of the workers were fired, and they continued to belong 
to UNTA at year's end.
    There are no export processing zones.
    c. Prohibition of Forced or Compulsory Labor.--The law permits the 
Government to force workers back to work for breaches of worker 
discipline and participation in strikes, and has been cited by the 
International Labor Organization (ILO) as an example of forced labor in 
violation of ILO conventions. There were reports that the army forcibly 
conscripted persons (see Section 1.f.). The law prohibits forced or 
bonded child labor, and there are no reports that such labor occurs in 
government-held areas; however, the Government does not have the 
capacity to enforce this legislation in nongovernment-held areas.
    UNITA forces regularly abducted children for military service and 
other forms of forced labor (see Sections 1.b., 1.f., and 5). UNITA 
depended on forced labor for much of its logistical support. Refugees 
and internally displaced persons reported that rural women frequently 
were forced to work as porters for UNITA military units and kept in 
life-threatening conditions of servitude. There continued to be some 
reports of sexual assault of abductees during the year.
    d. Status of Child Labor Practices and Minimum Age for 
Employment.--The legal minimum age for employment is 14 years. Children 
between the ages of 14 and 18 may not work at night, in dangerous 
conditions, or in occupations requiring great physical effort, and 
children under 16 years of age are prohibited from factory work; 
however, these provisions generally are not enforced. The Inspector 
General of the Ministry of Public Administration, Employment, and 
Social Security is responsible for enforcing labor laws. Although child 
labor law enforcement is under the jurisdiction of the courts, in 
practice, the court system does not provide adequate protection for 
children. Child labor violations were punishable with fines and 
restitution. There is no formal procedure for inspections and 
investigations into child labor abuses outside of the family law 
system, although private persons can file claims for violations of 
child labor laws. The ministry maintains employment centers where 
prospective employees register, and the center screens out applicants 
under the age of 14; however, many younger children work on family 
farms, as domestic servants, and in the informal sector as street 
vendors. Family-based child labor in subsistence agriculture is common. 
Children under 12 years of age work for no reimbursement for their 
families and in apprenticeships. Poverty and social upheavals have 
brought large numbers of orphaned and abandoned children, as well as 
runaways, into unregulated urban employment in the informal sector. The 
Government has not ratified ILO Convention 182 on the worst forms of 
child labor; however, there are no reports that such child labor exists 
in the country.
    The law prohibits forced or bonded child labor; however, the 
Government is unable to enforce these provisions, and children were 
regularly abducted by UNITA forces for forced labor (see Section 6.c. 
and 6.f.).
    e. Acceptable Conditions of Work.--The minimum wage set by the 
Ministry of Public Administration, Employment, and Social Security was 
approximately $30 (600 kwanzas) per month during the year; however, the 
Government does not enforce this standard. The majority of urban 
workers earn less than $10 (200 kwanzas) per month. Most workers hold 
second jobs, engage in subsistence agriculture, rely on aid from 
relatives, or engage in corruption to supplement their incomes. Neither 
the minimum wage nor the average monthly salary, which are estimated at 
$20 (400 kwanzas) to $200 (4,000 kwanzas) per month, are sufficient to 
provide a decent standard of living for a worker and family. As a 
result, most wage earners depend on the informal sector, subsistence 
agriculture, corruption, or support from abroad to augment their 
incomes. The Government took no measures to rectify the national system 
of setting the minimum wage during the year. Employees receiving less 
then the legal minimum wage have the right to seek legal recourse; 
however, it is uncommon for workers to do so.
    A 1994 government decree established a 37-hour work week; however, 
the Ministry of Public Administration was unable to enforce this 
standard, just as it was unable to enforce existing occupational safety 
and health standards. Workers cannot remove themselves from dangerous 
work situations without jeopardizing their continued employment.
    f. Trafficking in Persons.--The Constitution prohibits trafficking 
in persons; however, there continued to be allegations that UNITA 
abducted persons, including children, for forced labor, and abducted 
women for use as sex slaves. There were reports that the Government 
forcibly recruited persons (see Section 1.f.). There were credible 
reports that UNITA forcibly recruited children into its military (see 
Section 5).
                               __________

                                 BENIN

    The Republic of Benin is a constitutional democracy headed by 
President Mathieu Kerekou, who was inaugurated on April 4, 1996, after 
elections that observers generally viewed as free and fair. President 
Kerekou, who ruled Benin as a Socialist military dictator from 1972 to 
1989, succeeded his democratically elected predecessor and continued 
the civilian, democratic rule begun in the 1990-91 constitutional 
process that ended his previous reign. The next presidential election 
is scheduled for March 2001. There are 19 political parties represented 
in the unicameral, 83-member National Assembly. The March 1999 
parliamentary elections, which were free, fair, and transparent, 
resulted in significant gains by the opposition, notably the party of 
former President Nicephore Soglo, which gained 27 seats in Parliament. 
Although a loose alliance of progovernment deputies holds a 42 to 41 
seat majority, some progovernment deputies side with the opposition, 
depending on the issue. Consequently, legislative power is shared 
between opposition and progovernment forces. For example, the President 
of the National Assembly belongs to an opposition party. The Government 
respects the constitutional provision for an independent judiciary; 
however, the executive has important powers in regard to the judiciary, 
and the judiciary is inefficient and susceptible to corruption at all 
levels.
    The civilian-controlled security forces consist of the armed 
forces, headed by the Minister Delegate for Defense Matters in the 
Office of the President, and the police force under the Interior 
Minister. The Ministry of Defense supervises the gendarmerie, which 
exercises police functions in rural areas while the Ministry of 
Interior supervises other police forces. The armed forces continued to 
play an apolitical role in government affairs despite concerns about 
lack of morale within its ranks and an ethnic imbalance within the 
forces. Members of the police committed some human rights abuses.
    Benin is an extremely poor country with average yearly per capita 
income below $400. The economy is based largely on subsistence 
agriculture, cotton production, regional trade (including transshipment 
of goods to neighboring countries), and small-scale offshore oil 
production. The port of Cotonou serves as a major conduit for goods 
entering neighboring Nigeria legally and illegally. The Kerekou 
administration maintained the austerity program begun by its 
predecessor; privatized state-owned enterprises; reduced fiscal 
expenditures; and deregulated trade. In spite of an inefficient 
bureaucracy and widespread unemployment, the country's economic 
recovery continued under liberal economic policies instituted since the 
return to democracy. Although the economy expanded, real growth was 
lower than in the previous year. The Government estimated the growth 
rate at 5 percent for the year; however, approximately 2 percent of 
this growth can be credited to major infrastructure projects, such as 
road construction, that were funded by foreign aid. Inflation was 4 
percent at year's end, prompted by price hikes for imported oil and 
derivative products. In July the Minister of Finance took the newly 
privatized state-owned oil company, Sonacop, to court over improper 
financial operations in the acquisition of the company by tycoon, Sefou 
Fagbohoun, a close associate of the President. Also the Government 
announced delays in the privatization of the port of Cotonou and the 
cotton parastatal, Sonapra.
    The Government generally respected the human rights of its 
citizens; however, there were problems in several areas. There were 
credible reports that police sometimes beat suspects, and at times the 
authorities arbitrarily arrested and detained persons. The most 
prominent human rights problems continued to be the failure of police 
forces to curtail acts of vigilantism and mob justice; harsh and 
unhealthy prison conditions; serious administrative delays in 
processing ordinary criminal cases with attendant denial of timely, 
fair trials; judicial corruption; violence and societal discrimination 
against women; and trafficking in and abuse of children. The practice 
of female genital mutilation (FGM) and, to a lesser extent, infanticide 
also remain problems. Child labor continues to be a problem. The 
Constitutional Court has demonstrated independence.

                        RESPECT FOR HUMAN RIGHTS

Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Political and Other Extrajudicial Killing.--There were no 
confirmed reports of political or other extrajudicial killings by 
government officials.
    In September Amnesty International-Benin reported that police had 
conducted a regular investigation in the 1998 deaths of Florent Adoko 
and Alexandre Adjakieje (the date of the investigation was not 
available). They allegedly died as a result of abusive force used by 
the police, but the Government did not follow up the investigation nor 
were the results of the investigation released publicly by year's end.
    On May 4, a riot in the Lokossa prison (Mono Department) resulted 
in the death of three prisoners and severe injury to a magistrate who 
attempted to mediate the dispute; prisoners rioted over lengthy 
pretrial detention.
    As in the previous year, incidents of mob justice were reported by 
the media and other sources. Most often these were cases of mobs 
killing or severely injuring suspected criminals, particularly thieves 
caught in the act. Although a number of these incidents occurred in 
urban areas and were publicized in the press, the Government apparently 
made no concerted attempt to investigate or prosecute anyone involved. 
In 1999 a rural popular leader, the self-styled Colonel Devi, incited 
mobs to lynch more than 100 suspected criminals in the southwestern 
part of the country. Most of the victims were burned alive, many after 
being abducted, beaten, and tortured by Devi's followers. Although the 
number of such killings decreased during the year, reliable reports 
indicate that incidents of mob justice by Devi's followers persisted, 
despite a promise Devi made in 1999 to order his followers to cease 
lynching suspected wrongdoers and instead turn them over to the 
authorities. Individual incidents of mob justice continued to occur 
nationwide, and police most often ignored vigilante attacks. On March 
18, a mob took a convicted thief, ``DeGaulle,'' from the automobile of 
the director of the Lokossa prison and burned him death.
    b. Disappearance.--There were no reports of politically motivated 
disappearances.
    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution prohibits such practices; however, there 
were credible reports that police sometimes beat criminal suspects. For 
example, in June the police shot a man twice in the pelvis, handcuffed 
him, and left him for several hours without medical attention. The 
press reported the incident; however, the Government took no action 
against the police. The Government continued to make payments to 
victims of torture under the military regime that ruled from 1972 to 
1989.
    An investigation was completed in the case of the March 1999 
beating of Deputy Sacca Fikara. The incident reportedly occurred in 
daytime when the police stopped Fikara's car for an alleged traffic 
infraction but did not recognize him. The Attorney General did not 
render a decision regarding this incident by year's end.
    Mob justice resulted in serious injuries to a number of persons 
(also see Section 1.a.).
    Prison conditions continued to be extremely harsh. Extensive 
overcrowding and lack of proper sanitation and medical facilities posed 
a risk to prisoners' health. The prison diet is seriously inadequate; 
malnutrition and disease are common. Family members are expected to 
provide food for inmates to supplement prison rations. Prisoners are 
allowed to meet with visitors such as family members, lawyers, and 
others.
    Some progress was made in 1998 with the opening of three modern 
facilities in the departments (provinces) of Borgou, Mono, and Atacora 
through foreign funding. The prisons provided, for the first time, 
separate units for men, women, and minors. However, by April two out of 
three of the new prisons already were overcrowded. These, like other 
prisons, at times were filled to more than three times their capacity. 
The prison in Natitingou (in Atacora province) was the only one of 
eight prisons nationwide below full capacity.
    Efforts to complete a facility in Misserete (in Oueme) for 1,000 
prisoners were delayed because of funding problems. On July 31, the 
night before the country's 40th Independence Day, President Kerekou 
announced that some prisoners who were convicted of minor crimes, such 
as petty theft, between August 2, 1998, and August 1, 1999, could have 
their prison sentences reduced. The presidential pledge had to be 
approved by the Council of Ministers and other government bodies; 
however, by year's end, the majority of the prisoners were released.
    The Government permits prison visits by human rights monitors. In 
February a delegation headed by the president of the Commission 
Beninoise des Droits de L'Homme toured prison facilities in Cotonou. In 
April the president of the Beninese chapter of Amnesty International 
also visited several prisons.
    d. Arbitrary Arrest, Detention, or Exile.--The Constitution 
prohibits the arbitrary arrest and detention; however, at times the 
authorities arbitrarily arrested and detained persons. The Constitution 
prohibits detention for more than 48 hours without a hearing by a 
magistrate whose order is required for continued detention. However, 
there were credible reports that authorities exceeded this 48-hour 
limit in many cases, sometimes by as much as a week, using the common 
practice of holding a person indefinitely ``at the disposition of'' the 
public prosecutor's office before presenting their case to a 
magistrate. Approximately 75 percent of persons in prison are pretrial 
detainees.
    The Constitution prohibits forced exile of citizens, and it is not 
practiced. Many citizens who went into exile prior to the establishment 
of democratic rule have returned.
    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary, and the Government generally respects this 
provision in practice; however, the executive has important powers in 
regard to the judiciary, and the judiciary remains inefficient in some 
respects and is susceptible to corruption at all levels.
    The President appoints career magistrates as judges in civil 
courts, and the Constitution gives the Ministry of Justice 
administrative authority over judges, including the power to transfer 
them. Inadequate facilities, poorly trained staff, and overcrowded 
dockets result in a slow administration of justice. The low salaries of 
magistrates and clerks have a demoralizing effect on their commitment 
to efficient and timely justice and make them susceptible to 
corruption.
    A civilian court system operates on the national and provincial 
levels. There is only one court of appeals. The Supreme Court is the 
court of last resort in all administrative and judicial matters. The 
Constitutional Court is charged with deciding on the constitutionality 
of laws and on disputes between the President and the National Assembly 
and with resolving disputes regarding presidential and National 
Assembly elections. Its rulings in past years against both the 
executive and legislative branches, which were respected by both 
branches, demonstrated its independence from both these branches of 
government. The Constitution also provides for a High Court of Justice 
to convene in the event of crimes committed by the President or 
government ministers against the State. Under the Constitution, the 
High Court is to consist of members of the Constitutional Court (except 
for its president), six deputies elected by the National Assembly and 
the Supreme Court, and the Chairman of the Supreme Court. Implementing 
legislation to create the High Court of Justice was passed in 1996. On 
August 11, after several years of legislative delays, the National 
Assembly elected six deputies by an absolute majority to serve on the 
first High Court of Justice. Only a new Chairman of the Supreme Court, 
currently awaiting appointment, must be chosen by the President. 
However, at year's end, the law had not been promulgated. Inefficiency 
and corruption particularly affect the judiciary at the trial court and 
investigating magistrate levels. Military disciplinary councils deal 
with minor offenses by members of the military services, but they have 
no jurisdiction over civilians.
    The legal system is based on French civil law and local customary 
law. The Constitution provides for the right to a fair public trial. A 
defendant enjoys the presumption of innocence and has the right to be 
present at trial and to representation by an attorney, at public 
expense if necessary. In practice the court provides indigent 
defendants with court-appointed counsel upon request. A defendant also 
has the right to confront witnesses and to have access to government-
held evidence. 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.
    There were no reports of political prisoners.
    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The Constitution prohibits such practices, and 
government authorities generally respect these prohibitions in 
practice. The Government denied charges of wiretapping involving former 
President Soglo, and the National Assembly investigation into the case 
was hampered by Soglo's absence from the country for much of the year. 
Police are required to obtain a judicial warrant before entering a 
private home, and they usually observed this requirement in practice.

Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of speech and of the press, and the Government respects these 
rights in practice. The government entity with oversight responsibility 
for media operations is the High Authority for Audio-Visual Media and 
Communications (HAAC), which requires broadcasters to submit weekly 
lists of planned programs and requires publishers to deposit copies of 
all publications with it. However, this requirement is not observed by 
the media in practice.
    The law provides for sentences of imprisonment involving compulsory 
labor for certain acts or activities related to the exercise of the 
right of free expression (see Section 6.c.).
    There is a large and active privately owned press consisting of 
more than a dozen daily newspapers. These publications criticize the 
Government freely and often, but their effect on public opinion is 
limited because of their urban concentration. The majority of citizens 
are illiterate and live in rural areas; they largely receive their news 
via radio. A nongovernmental media ethics commission (ODEM) was 
established in May 1999 and censured a number of journalists in 1999 
and during the year for unethical conduct, as well as commending some 
journalists for adherence to the standards of their profession.
    In 1999 a trial court sentenced five journalists to various jail 
terms not exceeding 1 year and fines for criminal libel in several 
cases that did not involve criticism of the Government. For example, 
Vincent Foly, a reporter for Le Point au Quotidien, was arrested in 
January 1999 following a tough editorial and sentenced to 1 year in 
prison in August 1999. At year's end, none of these 1999 sentences had 
been executed and appeals remained pending. Foly was arrested again on 
January 27, following his publication of an editorial critical of a 
court's decision to dismiss narcotics trafficking charges against a 
senior government official, and released approximately February 1. No 
charges were brought against Foly in this incident.
    Journalists sought during the year to eliminate jail sentences as a 
penalty for violating the libel law, but the Government has not 
responded. In December at the opening of the U.N.-sponsored Fourth 
International Conference on New and Reestablished Democracies, the 
President admonished the press for its lack of professional standards 
and indicated that journalism should be improved.
    New privately owned radio and television stations began 
broadcasting in 1997. Throughout the year, they broadcast programs that 
criticized the Government without interference. It is unclear what 
effect the private electronic media have on public opinion; however, an 
increase in the number of ``call-in'' and panel shows during the year 
contributed to significantly increased public involvement in political 
affairs and a heightened awareness of important national problems.
    The Government continued to own and operate the media that were 
most influential in reaching the public because of its broadcast range 
and infrastructure. Radio is probably the most important information 
medium, given that half of the population is illiterate. Until 1997, it 
owned the only radio stations that transmitted locally. The Benin 
Office of Radio and Television (ORTB) transmits on the FM and AM bands 
and by short wave, in French and local languages. Radio France 
International (RFI) also transmits on a local FM band under an 
agreement with the Government. In 1999 the British Broadcasting 
Corporation began French and English language broadcasting in Cotonou. 
Five rural radio stations governed by local committees broadcast 
several hours a day exclusively in local languages. These stations 
receive support from the ORTB.
    A similar arrangement exists for television transmissions: the ORTB 
broadcasts 5 hours per day on a signal that is easily received in urban 
areas. Approximately 80 percent of the ORTB's television programming is 
in French. TV5, a commercial venture with investments by television 
broadcasting organizations in France, Canada, Belgium, and Switzerland, 
broadcasts locally 24 hours per day entirely in French under an 
agreement with the Government. A new privately owned television 
station, LC-2, began broadcasting in Cotonou in 1997. LC-2 is owned 
entirely by a local businessman and features light entertainment and 
news, although news coverage requires payment in many circumstances. 
Although neither television station broadcasts partisan programs in 
support of, or unduly critical of, the Government, the vast majority of 
news programming centers on government officials' activities, 
government--sponsored conferences, and international stories provided 
by French television or other foreign sources.
    The Government does not censor works by foreign journalists, 
authors, or artists.
    HAAC regulations govern satellite reception equipment and movie and 
video clubs. There is little enforcement of these regulations.
    Internet service is available in major cities; there are no 
restrictions on its use.
    In general academic freedom is respected. University professors are 
permitted to lecture freely, conduct research, and publish their work.
    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of assembly, and the Government generally respects 
this right in practice. The Government requires permits for use of 
public places for demonstrations and generally grants such permits; 
however, during the year, the mayor of Cotonou denied permits to 
protesters angry over rising gasoline prices, and in at least two 
instances, citing the visit of a foreign head of state (see Section 
6.a.). In other instances, gasoline price protest permits were granted.
    In June police dispersed a march to protest the rising gas prices 
(see Section 6.a.).
    The Constitution provides for freedom of association, and the 
Government generally respects this right in practice. The Government 
requires associations to register and routinely grants registrations. 
In August the Government published a list of 167 schools that it 
claimed were operating as nonregistered organizations; it suspended 
these institutions until they registered. The Government closed a few 
of the schools; however, most continued to operate despite being listed 
as nonregistered. Others reopened after completing the fairly 
complicated registration process. By year's end, schools were operating 
normally.
    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government respects this right in practice. Persons 
who wish to form a religious group must register with the Ministry of 
Interior. Registration requirements are identical for all religious 
groups. There were no reports that any group has been refused 
permission to register or has been subjected to untoward delays or 
obstacles in the registration process. Religious groups are free from 
taxation.
    d. Freedom of Movement Within the Country, Foreign Travel, 
Emigration, and Repatriation.--The Constitution provides for these 
rights, and the Government generally respects them in practice; 
however, the presence of police, gendarmes, and illegal roadblocks 
impedes domestic movement. Although ostensibly meant to enforce 
automotive safety and customs regulations, many of these checkpoints 
serve as a means for officials to exact bribes from travelers. The 
Government maintained previously implemented measures to combat such 
petty corruption at roadblocks.
    The Government's policy toward the seasonal movement of livestock 
allows migratory Fulani herdsmen from other countries to enter freely; 
it does not enforce designated entry points. Disputes have arisen 
between the herdsmen and local landowners over grazing rights.
    The Government does not restrict international travel for political 
reasons, and those who travel abroad may return without hindrance.
    The law contains provisions for the granting of refugee and asylee 
status in accordance with the 1951 U.N. Convention Relating to the 
Status of Refugees and its 1967 Protocol. Historically, the Government 
has cooperated closely with the U.N. High Commissioner for Refugees 
(UNHCR) and other humanitarian organizations in assisting refugees, 
including those in need of first asylum. The Government provided first 
asylum to up to 200,000 citizens of Togo during the 1993 political 
violence in that country. While most have returned to Togo, in December 
there were 991 refugees at the Kpomasse camp and a total of 1,519 
Togolese in the country. Despite severe economic pressures that limit 
its ability to provide education for children, the Government has 
allowed these Togolese to enroll their children in local schools and to 
participate in some economic activities. During the year, the 
Government welcomed about 731 at-risk refugees from the Democratic 
Republic of the Congo destined for eventual resettlement in another 
country.
    In contrast the UNHCR estimates that 250 Ogoni refugees from 
Nigeria, disadvantaged because they do not speak French, cannot work, 
nor can their children attend schools. UNHCR officials have directed 
them to remain within the confines of the Kpomasse refugee camp to 
avoid potential confrontations with local inhabitants and to maintain 
administrative control over their activities.
    In addition there are lesser numbers of other refugees from 
Nigeria, Algeria, Burundi, Cameroon, the Central African Republic, 
Chad, the Republic of Congo, the Democratic Republic of the Congo, 
Ethiopia, Niger, Liberia, Rwanda, Sudan, and Sierra Leone. The UNHRC 
estimated that, as of November, there were 5,628 refugees of different 
nationalities in the country and that approximately 2,800 persons 
resident in the country were requesting asylum.
    There were no reports of the forced expulsion of persons having a 
valid claim to refugee status.

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. Citizens exercised this right in legislative 
elections in 1991, 1995, and in presidential elections in 1991 and 
1996, all of which were considered free and fair. The Constitution 
provides for a 5-year term of office for the President (who is limited 
to two terms) and 4-year terms for National Assembly members (who may 
serve an unlimited number of terms). The next presidential election, 
which will take place in two rounds, is scheduled for March 2001.
    Women participate actively in the political parties but are under 
represented in government and politics. Following a Cabinet reshuffle 
in June 1999, there are 2 women in the 19-member Cabinet, 1 less than 
in the previous 18-member Cabinet. There are 5 female deputies in the 
83-member, unicameral National Assembly, including the leader of the 
largest opposition party. The previous legislature consisted of 82 
deputies with 6 female members. The President of the Constitutional 
Court and the Solicitor General (which is not a cabinet position) are 
women.

Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A number of human rights groups, both domestic and international, 
operate without government restriction, investigating and publishing 
their findings on human rights cases. Government officials are 
generally cooperative and responsive to their views.
    The Beninese branch of Amnesty International and other 
nongovernmental organizations (NGO's) continued to report without 
government interference on the alleged discovery of hundreds of bodies 
of victims of Togolese security forces washed up on Beninese beaches in 
1998. Investigation by a joint U.N.-Organization of African Unity 
commission into this case continued. A three-person team visited the 
country in November and held several interviews with regard to the 
problem, despite continued reluctance by witnesses to come forward.

Section 5. Discrimination Based on Race, Sex, Religion, Disability, 
        Language, or Social Status
    The Constitution prohibits discrimination based on race, sex, and 
religion, but societal discrimination against women continued.
    Women.--While no statistics are available, violence against women, 
including wife beating, occurred. At times the press reports incidents 
of abuse of women, but judges and police are reluctant to intervene in 
domestic disputes, considering such disputes a family matter.
    Although the Constitution provides for equality for women in the 
political, economic, and social spheres, women experience extensive 
societal discrimination, especially in rural areas where they occupy a 
subordinate role and are responsible for much of the hard labor on 
subsistence farms. In urban areas, women dominate the trading sector in 
the open-air markets. By law women have equal inheritance and property 
rights, but local custom in some areas prevents them from inheriting 
real property. Women do not enjoy the same educational opportunities as 
men, and female literacy is about 18 percent (compared with 50 percent 
for males). However, elementary school pass rates in recent years 
highlighted significant progress by girls in literacy and scholastic 
achievement.
    There are active women's rights groups that have been effective in 
drafting a family code that would improve the status of women and 
children under the law. The draft code has yet to be adopted by the 
National Assembly, although it has been on the legislature's agenda for 
6 years and has been considered by parliamentary committees. Many 
observers believe that consideration of the draft was postponed because 
of provisions that would threaten male prerogatives, which is a highly 
volatile political issue. Action on the draft code is not anticipated 
until after a president is elected in March 2001 and the next regular 
session of the legislature convenes in April 2001.
    Children.--The Ministry of Labor and Social Affairs 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 and Social Protection have oversight roles in 
the promotion of human rights issues with regard to children and their 
welfare. In April the Minister of Justice established a National 
Commission for Children's Rights, which held its initial session in 
July.
    Education is neither free (although the charge is nominal) nor 
compulsory. In particular the Government is trying to boost primary 
school enrollment, which is approximately 78 percent for males and only 
approximately 46 percent for females nationwide. In some parts of the 
country, girls receive no formal education.
    Some traditional practices inflict hardship and violence on 
children, including most prominently the custom of ``vidomegon,'' 
whereby poor, often rural, families place a child, primarily a 
daughter, in the home of a more wealthy family to avoid the burden the 
child represents to the parental family. The children work, but the 
arrangement is voluntary between the two families. There is 
considerable, but an unquantified amount of abuse in the practice, and 
there are instances of sexual exploitation. Ninety to 95 percent of the 
children in vidomegon are young girls. Children are sent from poorer 
families to Cotonou and then some of the children are sent to Gabon, 
the Cote d'Ivoire, and the Central African Republic to help in markets 
and around the home. The child receives living accommodation, while 
income generated from the child's activities is split between the 
child's parents remaining in the rural area and the urban family that 
raises the child. In July 1999, the Ministry of Justice launched a 
nationwide publicity campaign to alert parents to the risks of placing 
their children in vidomegon and to inform adults with vidomegon 
children of their responsibilities and of the children's rights. In 
August in conjunction with UNICEF, the Ministry of Family and Social 
Protection sponsored a 4-day workshop on educating vidomegon children 
about their rights.
    During the year, the parents of a young female house servant to the 
daughter-in-law of President Kerekou filed a formal complaint regarding 
the abuse of their daughter by Kerekou's daughter-in-law. The parents 
of the child reportedly requested a preliminary inquiry, and reportedly 
the case was closed without further action.
    In the 1996 case of an official detained for beating a 12-year-old 
maid to death that year, a criminal court found the defendant, Mrs. 
Christine Tchitchi, ex-wife of a former Minister of Culture, guilty in 
1996. The former Minister of Culture was not detained. The court 
sentenced her to 5 years imprisonment. Already confined in pretrial 
detention, she was given credit for time served, completed her 
sentence, and was released.
    Other traditional practices include the killing of deformed babies, 
breech babies, and one of two newborn twins (all of whom are thought to 
be sorcerers in some rural areas). There is also a tradition in which a 
groom abducts and rapes his prospective child bride (under 14 years of 
age). Criminal courts mete out stiff sentences to criminals convicted 
of crimes against children, but many such crimes never reach the courts 
due to lack of education and access to the courts or fear of police 
involvement in the problem.
    Forced child labor and the trafficking in Beninese children for 
purposes of forced labor or prostitution in other countries remains 
problems (see Sections 6.c. and 6.f.).
    The Government, in concert with NGO's, made serious efforts to 
combat child abuse and trafficking in children, including media 
campaigns, programs to assist street children, greater border 
surveillance, and a conference on trafficking (see Section 6.f.). 
Despite such efforts, the abuse of children remained a serious human 
rights problem.
    The Government has been less successful in combating female genital 
mutilation, which is not illegal. FGM is widely condemned by 
international health experts as damaging to both physical and 
psychological health. FGM is practiced on females ranging from infancy 
through 30 years of age and generally takes the form of excision. 
Surveys, including one conducted by the World Health Organization in 
1999, reliably placed the estimate of the number of women who had 
undergone FGM at approximately 50 percent. A prominent NGO, the Benin 
chapter of the Inter-African Committee, has made progress in raising 
awareness of the dangers of the practice; the Government has cooperated 
with its efforts. According to recent research, there is a strong 
profit motive in the continued practice of FGM by those who perform the 
procedure, usually older women. The Government, in cooperation with 
NGO's, held workshops during 1999 aimed at eradicating the practice, 
and several NGO's continued the effort during the year. One 
international NGO (Intact) paid those who perform the procedure to 
abandon their profession. Another local NGO also was active. In January 
Dignite Feminine collected 60 excision knives from practitioners of FGM 
in the northern section of the country who renounced the practice 
voluntarily. In April the Social Affairs Minister attended a ceremony 
in which 17 women turned in their cutting tools in exchange for small 
grants (worth approximately $176 (123,200 CFA).
    Trafficking in children is a problem (see Section 6.f.).
    People with Disabilities.--Although the Constitution provides that 
the State should care for people with disabilities, the Government does 
not mandate accessibility for them. It operated a number of social 
centers for disabled persons to assist their social integration. 
Nonetheless, many are unable to find employment and must resort to 
begging to support themselves.
    The 1998 Labor Code includes provisions to protect the rights of 
disabled workers. The code was enforced with moderate effectiveness 
during the year.
    National/Racial/Ethnic Minorities.--There is a long history of 
regional rivalries. Although southerners are preeminent in the 
Government's senior ranks, many prominent military officers come from 
the north. During the year, the imbalance was reduced by new 
appointments. The south has enjoyed more advanced economic development, 
a larger population, and has traditionally held politically favored 
status. In the 1996 elections, a northerner was elected President.

Section 6. Worker Rights
    a. The Right of Association.--The Constitution provides workers 
with the freedom to organize, join unions, meet, and strike, and the 
Government usually respects these rights in practice. A new Labor Code 
went into effect in January 1999. The code was approved after long 
discussions between the Government, labor unions, and the National 
Assembly. The labor force of approximately 2 million is engaged 
primarily in subsistence agriculture and other primary sector 
activities, with less than 2 percent of the population engaged in the 
modern (wage) sector.
    Although approximately 75 percent of the wage earners belong to 
labor unions, a much smaller percentage of workers in the private 
sector are union members. There are several union confederations, and 
unions generally are independent of government and political parties. 
The Economic and Social Council, a constitutionally mandated body 
established in 1994, includes four union representatives.
    Strikes are permitted; however, the authorities can declare strikes 
illegal for stated causes, for example, threatening to disrupt social 
peace and order, and require strikers to maintain minimum services. The 
Government declared two strike-related marches illegal during the year, 
but it did not declare the strikes illegal.
    During the year, there were several major peaceful strikes over 
increases in the price of gasoline, which significantly reduced 
workers' purchasing power. For example, in June a strike at the port of 
Cotonou succeeded in reversing a government decision to privatize the 
port. During strikes unions generally called for higher wages, lower 
fuel prices, and the dismissal of the mayor of Cotonou, who refused to 
issue permits to march during a visit by the Libyan head of state in 
June (see Section 2.b.). One such march began before police dispersed 
it without violence. During an authorized march in July, President 
Kerekou addressed the workers and rebuked the unions for failing to 
recognize their relative well-being in relation to that of neighboring 
countries. Labor unions continued to oppose the Government's merit-
based promotion scheme. Unions also opposed a 1969 decree (which is 
still in effect) permitting the Government to dock the wages of 
striking public sector employees.
    There were no known instances of efforts by the Government to 
retaliate against union activity; however, the ICFTU alleged that 
hostility to trade unions persisted and that union members were 
intimidated. A company may withhold part of a worker's pay following a 
strike. Laws prohibit employer retaliation against strikers, and the 
Government enforces them effectively.
    Unions may form freely or join federations or confederations and 
affiliate with international bodies. The two major labor confederations 
are known to be affiliated with the Brussels-based Confederation 
Internationale de Syndicats Libres.
    b. The Right to Organize and Bargain Collectively.--The Labor Code 
provides for collective bargaining, and workers freely exercised these 
rights. Wages in the private sector are set in negotiations between 
unions and employers.
    The new Labor Code permits unions to become affiliated with 
international organizations. It also includes a section on the rights 
of disabled workers. The Government sets wages in the public sector by 
law and regulation.
    The Labor Code prohibits employers from taking union membership or 
activity into account regarding hiring, work distribution, professional 
or vocational training, or dismissal. The Government levies substantial 
penalties against employers who refuse to rehire workers dismissed for 
lawful union activities.
    There are no export processing zones.
    c. Prohibition of Forced or Compulsory Labor.--The Labor Code 
prohibits forced or compulsory labor and specifically prohibits forced 
and bonded labor by children; however, forced child labor and 
trafficking in children are problems (see Section 6.f.). Some 
financially desperate parents indenture their children to ``agents'' 
recruiting farm hands or domestic workers, often on the understanding 
that money paid to the children would be sent to the parents. According 
to press reports, in some cases, these agents take the children to 
neighboring countries for labor (see Section 6.f.). The Government has 
taken steps to educate parents and to prevent such kidnapings of 
children. Also, many rural children are sent to cities to live with 
relatives or family friends, often on the understanding that in return 
for performing domestic chores, they would receive an education. Host 
families do not always honor their part of the bargain, and the abuse 
of child domestic servants occurs. The Government has taken some steps 
to curb abuses, including media campaigns, regional workshops, and 
public pronouncements on child labor problems.
    The law provides for sentences of imprisonment involving compulsory 
labor for certain acts or activities related to the exercise of the 
right of free expression (see Section 2.a.); however, no such sentences 
were imposed during the year.
    d. Status of Child Labor Practices and Minimum Age for 
Employment.--The Labor Code prohibits the employment or apprenticeship 
of children under 14 years of age in any enterprise; however, child 
labor remains a problem. The Ministry of Labor enforces the Labor Code 
in only a limited manner (and then only in the modern sector), due to 
the lack of inspectors. To help support their families, children of 
both sexes--including those as young as 17 years old--continue to work 
on rural family farms, in small businesses, on construction sites in 
urban areas, in public markets, and as domestic servants under the 
practice of vidomegon. In February one report estimated that 75 percent 
of apprentices working as seamstresses, hairdressers, carpenters, and 
mechanics were younger than 15 years of age. Most of these apprentices 
are also under the legal age of 14 for apprenticeship. Children also 
commonly work as street vendors.
    The Government did not ratify ILO Convention 182 on eliminating the 
worst forms of child labor; however, it was before the National 
Assembly at year's end.
    The law prohibits forced and bonded labor by children; but the 
Government is unable to enforce these prohibitions except in the modern 
sector, and there are reports of forced child labor (see Sections 6.c. 
and 6.f.).
    e. Acceptable Conditions of Work.--The Government administratively 
sets minimum wage scales for a number of occupations. In July the 
Government raised the minimum wage to approximately $35 (CFA francs 
25,000 per month) increased from CFA francs 21,924 in April 1997. The 
decision was made in consultation with trade unions. However, this 
increase is not adequate to cover the costs for food and housing even 
of a single worker. Many workers must supplement their wages by 
subsistence farming or informal sector trade. Most workers in the wage 
sector earn more than the minimum wage, although many domestics and 
other laborers in the informal sector earn less.
    The Labor Code establishes a work week of from 40 to 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 work 
70 hours or more per week. The authorities generally enforce legal 
limits on work weeks in the modern sector. The code establishes health 
and safety standards, but the Ministry of Labor does not enforce them 
effectively. The code does not provide workers with the right to remove 
themselves from dangerous work situations without jeopardy to continued 
employment. The Ministry of Labor has the authority to require 
employers to remedy dangerous work conditions but does not do so 
effectively.
    f. Trafficking in Persons.--The law prohibits trafficking in 
persons; however, trafficking in children is a problem. Article 15 of 
the Constitution provides for fundamental civil rights, and long-
standing provisions of the criminal code prohibit kidnaping. Laws 
dating to 1905 but still in force prohibit trafficking in persons in 
general and in underage females in particular. Trafficking in children, 
which remained a problem, continued to be the subject of considerable 
media coverage. Most victims are abducted or leave home with 
traffickers who promise educational opportunities or other incentives. 
They are taken to places in foreign countries (according to the press, 
principally located in Nigeria, Cameroon, Cote d'Ivoire, and Gabon) and 
sold into servitude in agriculture, as domestics, or as prostitutes. In 
addition hundreds of children are taken across the border to Togo and 
Cote d'Ivoire to work in plantations.
    According to a survey of child labor conducted by the Government in 
1999, the World Bank, and INSAE (a nutritionally focused NGO), 49,000 
rural children, constituting 8 percent of the rural child population 
between the ages of 6 and 16, work abroad, primarily as agricultural 
workers on plantations in the Cote d'Ivoire and as domestic workers in 
Gabon. Only children who had been trafficked explicitly for labor 
purposes were counted among the 49,000 children that were estimated to 
be victims of trafficking. However, the children who left ``for other 
reasons'' may conceal an additional number of trafficked children and 
bring the number close to 80,000. Of the trafficked children, 61 
percent were boys and 39 percent were girls. Certain villages have been 
particularly victimized by organized child traffickers, and there were 
villages where up to 51 percent of children were trafficked.
    The Minor Protection Brigade, under the jurisdiction of the 
Interior Ministry, combats crimes against children. The media reported 
that during the year, the brigade, in addition to gendarmes and police, 
intercepted and arrested a number of traffickers trying to smuggle 
children into and out of the country.
    On January 14, according to press reports, authorities arrested an 
adult male citizen attempting to smuggle six children, all younger than 
10 years old, out of the country reportedly to work on farms in 
Nigeria. The press also reported the arrest of 13 adults on April 25 as 
they were attempting to smuggle 26 children into Togo for work as 
domestics and farm hands. At year's end, there were no reports on 
subsequent legal action against the traffickers.
    In 1998 the Justice Minister stated that in 3 years a total of 
1,363 children had been intercepted and returned to their parents. 
There was no further information during the year on additional 
interceptions by the Government. The Government worked with NGO's to 
combat trafficking in children, including media campaigns and greater 
border surveillance (see Section 5); however, police complained that 
they lacked equipment to monitor trafficking adequately.
    In July a 4-day subregional workshop, sponsored by the 
International Labor Organization and the International Program on the 
Elimination of Child Labor, on child trafficking in West and Central 
Africa was held in Cotonou and featured speeches by Justice Minister 
Joseph Gnonlonfoun, Labor Minister Ousmane Batoko, and foreign 
representatives.
                               __________

                                BOTSWANA

    Botswana is a longstanding, multiparty democracy. Constitutional 
power is shared between the President and a popularly elected National 
Assembly. The House of Chiefs, representing all of the country's major 
tribes and some smaller ones, has no legislative power but may offer 
its views to both the President and National Assembly on legislation. 
Festus Mogae, who, as Vice President, became President upon former 
president Sir Katumile Masire's retirement in 1998, continued to lead 
the Botswana Democratic Party (BDP), which has held a majority of seats 
in the National Assembly continuously since independence. In October 
1999 elections generally regarded as largely free and fair, despite 
initial restrictions on opposition access to radio and press reports of 
ruling party campaign finance improprieties, the BDP increased its 
majority in the National Assembly and elected President Mogae to a 
second term. The Government respects the constitutional provisions for 
an independent judiciary.
    The civilian Government exercises effective control over the 
security forces. The military, the Botswana Defense Force (BDF), is 
responsible for external security only, unlike in past years when the 
BDF at times performed internal security functions. The Botswana 
National Police (BNP) are responsible for internal security. Members of 
the security forces, in particular, the police, occasionally committed 
human rights abuses.
    The economy is market oriented with strong encouragement for 
private enterprise, and has achieved rapid sustained real per capita 
economic growth since independence. Per capita gross domestic product 
(GDP) is slightly more than $2,681 (14,495 pula). Diamond exportation 
provided over two-thirds of the country's export income and much of the 
revenue of the Government, which owned half of a company engaged in the 
production of diamonds from existing mines. Nearly 50 percent of the 
population is employed in the informal sector, largely subsistence 
farming and animal husbandry. Rural poverty remains a serious problem, 
as does a widely skewed income distribution.
    The Government generally respected the human rights of its 
citizens; however, problems continued in several areas. There were 
credible reports that the police sometimes beat or otherwise mistreated 
criminal suspects in order to obtain evidence or coerce confessions. 
The authorities took action in some cases against officials responsible 
for such abuses. Prison conditions were poor; however, unlike in the 
previous year, there were no reports of torture and deaths under 
suspicious circumstances in prisons. In many instances, the judicial 
system did not provide timely fair trials due to a serious backlog of 
cases. The Government continued to dominate domestic radio 
broadcasting, although to a lesser extent than in the previous year. At 
times the Government held newly arrived refugees from neighboring 
countries in local jails or special areas in prisons until they could 
be interviewed by refugee officials. Violence against women remained a 
serious problem, and women continued to face legal and societal 
discrimination. Some citizens, including groups not numbered among the 
eight ``principal tribes'' of the Tswana nation, the majority ethnic 
group, still did not enjoy full access to social services and, in 
practice, remained marginalized in the political process. Trade unions 
continued to face some legal restrictions, and the Government did not 
always ensure that labor laws were observed in practice.

                        RESPECT FOR HUMAN RIGHTS

Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Political and Other Extrajudicial Killing.--There were no 
reports of political or other extrajudicial killings.
    Unlike in previous years, there were no instances of suspicious 
deaths in prisons.
    b. Disappearance.--There were no reports of politically motivated 
disappearances.
    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution explicitly forbids torture, inhuman, and 
degrading treatment or punishment, and the authorities generally 
respect this prohibition in practice; however, instances of abuse 
occur. In some cases, the authorities have taken disciplinary or 
judicial action against persons responsible for abuses. While coerced 
confessions are inadmissible in court, evidence gathered through 
coercion or abuse may be used in prosecution. There were credible 
reports that police sometimes beat persons and used intimidation 
techniques in order to obtain evidence or elicit confessions. In 
general, however, beatings and other forms of extreme physical abuse 
remained rare.
    There were reports that BDF soldiers at the Dukwe refugee camp beat 
and abused Dukwe residents. One refugee applicant claimed that BDF 
soldiers beat him on December 1 for allegedly stealing a bag of sugar. 
The refugee applicant received medical treatment for his injuries. The 
Acting Station Commander at Dukwe has stated that his office is 
investigating the case (see Section 2.d.).
    Some international NGO's reported that government game wardens 
abused the Basarwa (Bushmen) in the Central Kalahari Game Reserve 
(CKGR) (see Section 4).
    Customary courts continued to impose corporal punishment sentences 
in the form of lashings on the buttocks, generally against young 
offenders in villages for crimes such as vandalism, theft, and 
hooliganism. The Government in 1999 refused to adopt a motion submitted 
by the House of Chiefs to reinstate flogging across the back rather 
than the buttocks.
    Prison conditions were poor; however, unlike the previous year, 
there were no reports of torture and deaths under suspicious 
circumstances. A December 1999 report by the Gaborone Prison Visiting 
Committee cited ``appalling'' conditions in prisons, and these 
conditions did not change during the year. With the country's high 
incidence of HIV/AIDS and tuberculosis, prison overcrowding constitutes 
a serious health threat. The 21 prisons across the country have a 
capacity of 3,198 but held 7,000 at year's end. To alleviate 
overcrowding, the Government began constructing 2 new prisons that are 
scheduled to be completed in 2001; these would bring prison capacity to 
over 4,000. Construction of a third prison for male juvenile offenders 
was delayed due to lack of funds, but is scheduled to begin in 2001. In 
July Parliament passed a bill that would give the Prison Commissioner 
authority to release terminally ill prisoners and prisoners in the last 
12 months of their sentences (under current law, the Commissioner only 
can grant an early release to prisoners in the last 6 months of their 
sentences). The bill also would grant the Commissioner authority to 
allow prisoners with sentences of 12 months or less to perform 
``extramural'' labor. The President signed the bill into law during the 
year. The Government estimated that as many as 1,492 prisoners could be 
released under the program.
    The Commissioner of Prisons ordered full investigations into the 
management and conditions of prisons covered in the GPVC report. A 
report was completed and submitted to the Commissioner during the year 
which reportedly cleared the Government of responsibility for the 
conditions; however, the report was not publicly released by year's 
end. The December 1999 report by the Gaborone Prison Visiting Committee 
cited the suspicious deaths in prison of two inmates during 1999. The 
Commissioner of Prisons stated that a post-mortem examination conducted 
by medical authorities in 1999 supported prison officials' statements 
that Boitumelo Nthoiwa died of pneumonia and Andrew Molefe died after 
taking an illegal substance smuggled in by another inmate. Human rights 
organizations in the country have not challenged either case.
    The Prisons Act, which covers both prison officials and prisoners, 
makes it illegal for prison officials to mistreat prisoners. In 
September the Minister of Presidential Affairs and Public 
Administration stated that stiff penalties would be imposed upon prison 
officials who treat inmates improperly. When there is an allegation or 
suspicion of mishandling of prisoners by prison officials, the 
Department of Prisons is required to forward the case to the police for 
investigation. Three prison officials appeared before a magistrate in 
early December for alleged abuse of prisoners in previous years. In 
December the magistrate discharged one of the officials, and the other 
two officials were scheduled to appear before the magistrate again in 
March 2001.
    The Prisons Act provides for a governmental visiting committee for 
each prison, the members of which are appointed by the Minister of 
Labor and Home Affairs. Members of these committees serve 1-year terms 
and must visit their prison four times within their first term and 
issue a report both to the Commissioner of Prisons and the Minister of 
Labor and Home Affairs. These reports normally are not released to the 
public. During the year, the committees visited each prison every 3 
months and last issued their last report in December.
    While the Prisons Act grants relatives, lawyers, magistrates, and 
church organizations the right to visit prisoners for ``rehabilitative 
purposes,'' the Commissioner of Prisons has the authority to decide 
whether domestic and international human rights organizations may 
visit. In practice the Commissioner does not generally allow such 
visitations; however, some local human rights organizations have been 
granted access to visit specific prisoners. In 1999 the Botswana Center 
for Human Rights was permitted to make prison visitations. There were 
no visitation requests from human rights organizations during the year.
    d. Arbitrary Arrest, Detention, or Exile.--Under the Constitution, 
``every person in Botswana'' is entitled to due process, the 
presumption of innocence, and freedom from arbitrary arrest; and the 
authorities respected these provisions in practice. Suspects must be 
informed of their legal rights upon arrest, including the right to 
remain silent, to be allowed to contact a person of their choice, and 
generally to be charged before a magistrate within 48 hours. A 
magistrate may order a suspect held for 14 days through a writ of 
detention, which may be renewed every 14 days. Most citizens charged 
with noncapital offenses are released on their own recognizance; some 
are released with minimal bail. Detention without bail is highly 
unusual, except in murder cases, where it is mandated.
    Detainees have the right to hire attorneys of their choice, but in 
practice most are unable to afford legal counsel. However, poor police 
training and poor communications in rural villages make it difficult 
for detainees to obtain legal assistance, and authorities do not always 
follow judicial safeguards. The Government does not provide counsel for 
the indigent, except in capital cases. One NGO, the Botswana Center for 
Human Rights, provides free legal services, but its capacity is 
limited. Another NGO, the University of Botswana Legal Assistance 
Center, provides free legal services in civil, but not criminal, 
matters. Constitutional protections are not applied to illegal 
immigrants, although the constitutionality of denying them due process 
has not been tested in court.
    Pretrial detention has been prolonged in a large number of cases. 
In Gaborone Central Prison, the average wait in prison before trial was 
1 year. The Government is attempting to alleviate the backlog of cases 
by temporarily hiring more judges.
    The Government sometimes held newly arrived refugees and asylum 
seekers in local jails until they could be interviewed by the Botswana 
Council for Refugees (BCR) or the U.N. High Commissioner for Refugees 
(UNHCR). Once persons were granted refugee status, the Government 
transferred them to the Dukwe Refugee Camp. An illegal immigrant 
internment center, which is to house foreigners awaiting repatriation, 
is currently under construction and is scheduled to open by February 
2001. However, even with this new facility, refugees would continue to 
be housed first in local jails and then in Dukwe. Approximately 60 
refugees from Namibia's Caprivi Strip who had left the Dukwe Camp or 
were involved in disturbances and were being held in Mahalapye Prison 
were released back to Dukwe. At year's end, six detainees were being 
held in protective custody at Mahalapye Prison; they were transferred 
from Dukwe after they committed criminal offenses while at the camp. 
Five of the detainees were released by year's end, and one detainee 
continued to serve a sentence for a narcotics conviction. A Namibian 
asylum seeker in extradition proceedings has accused the Government of 
unfair detention and violations of human rights. He successfully 
challenged his detention in court and was released in June (see Section 
2.d.).
    The Government does not use forced exile.
    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary, and the Government respects this provision in 
practice.
    The judiciary consists of both a civil court (including 
magistrates' courts, a High Court, and a Court of Appeal) and a 
customary (traditional) court system.
    The law provides for the right to a fair trial. However, the civil 
courts remained unable to provide for timely, fair trials in many cases 
due to severe staffing shortages and a backlog of pending cases. Most 
trials in the regular courts are public, although trials under the 
National Security Act (NSA) may be held in secret. Those charged with 
noncapital crimes are tried without legal representation if they cannot 
afford an attorney. As a result, many defendants may not be informed of 
their rights in pretrial or trial proceedings. In October 1999, a High 
Court judge declared a mistrial in the case of two Basarwa (Bushmen) 
men who had been convicted in 1995 of a murder that occurred the same 
year, and were awaiting execution. A human rights group claimed that 
the two did not understand the language used at the trial and that 
translations were poor. It also questioned whether the accused 
understood their rights or the charges against them, and noted that 
attempts by the men to change their court-appointed lawyers had been 
disregarded. Ruling that the two had been deprived of their 
constitutional rights, the judge ordered a new trial. A date had not 
yet been set for the new trial by year's end (see Section 5).
    Most citizens encounter the legal system through the customary 
courts, under the authority of a traditional leader. These courts 
handle minor offenses involving land, marital, and property disputes. 
In customary courts, the defendant does not have legal counsel and 
there are no precise rules of evidence. Tribal judges, appointed by the 
tribal leader or elected by the community, determine sentences, which 
may be appealed through the civil court system. The quality of 
decisions reached in the traditional courts varies considerably. In 
communities where chiefs and their decisions are respected, plaintiffs 
tend to take their cases to the customary court; otherwise, persons 
seek justice in the civil courts.
    There were no reports of political prisoners.
    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The Constitution prohibits such practices, government 
authorities generally respect these prohibitions, and violations are 
subject to effective legal sanction.

Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and the Press.--The Constitution provides for 
freedom of speech and of the press, and the Government generally 
respects this right in practice; however, the State continues to 
dominate domestic radio broadcasting, although to a lesser extent than 
in the previous year.
    The independent press is small but growing, and has a long 
tradition of vigorous, candid, and unimpeded discourse. It actively 
covers the political arena and is frequently critical of the Government 
and the President. The circulation of privately owned print media 
continues to be limited mostly to the main cities and towns. At year's 
end, six privately owned weekly newspapers were published in Gaborone 
and distributed to the country's main cities and towns. One privately-
owned weekly newspaper was published in Francistown, the country's 
second-largest city. Nine privately-owned magazines were published 
monthly. These publications reported and editorialized without fear of 
closure or censorship.
    Government officials sometimes complain of bias in the private 
press. However, government officials and other public figures have 
recourse to the courts if they believe that they have been libeled. 
Libel is a civil law matter; there are no criminal libel laws.
    The Government's Botswana Press Agency (BOPA) provides most of the 
information found in the media owned and operated by the Government - 
the free Daily News newspaper, Radio Botswana, which broadcasts 
nationally to almost all of the country, and the new Botswana 
Television. News coverage in the state-owned media focuses on the 
activities of government officials and supports government policies and 
actions. The Daily News also publishes general coverage of current 
events and issues, and includes a second front page in Setswana, the 
most commonly spoken tribal language.
    Radio remained the most important medium of public communication; 
the circulation of privately owned print media continued to be limited 
mostly to the main cities and towns. In past years, the state 
monopolized domestic radio broadcasting; however, in 1999 the 
Government granted licenses to two private radio stations, Yarona FM 
and Gabz FM, and they began broadcasting in June and November 1999, 
respectively. Both broadcast in a 56-mile radius of Gaborone, an area 
that includes 5 of the country's 10 largest cities; state-owned radio 
continued to be the only domestic radio service broadcasting to the 
rest of the country. Both private radio stations have a news component 
to their programming, with no discernible policy of supporting a 
particular political party. A 1998 broadcast law provides for issuance 
of broadcast licenses to private companies and provides copyright 
protection of broadcast material. The law also mandates the 
establishment of a National Broadcast Board, which grants broadcast 
licenses. On November 30, the Board held its first meeting at BTA 
offices in Gaborne.
    On July 31, the Government opened its new national television 
station, Botswana Television (BTV), amid skepticism from the public and 
some parliamentarians over delays and overspending. BTV began 
broadcasting with technical and programming assistance from the British 
Broadcasting Corporation (BBC), and an emphasis on the Setswana 
language service. Transmission extends south from Gaborone to Lobatse, 
north to Serowe and Francistown, and is scheduled to be available 
across the country within the next few years.
    The debut of BTV generated considerable discussion among members of 
the public, parliamentarians, and government officials about whether 
its status as a government-owned station would interfere with its 
ability to function independently, especially with respect to reporting 
the news. During the opening ceremony, the Acting Minister for 
Presidential Affairs and Public Administration stated that editorial 
policies of the station would not be subject to government influence; 
however, according to newspaper reports in August, BTV management was 
criticized by the Government for reporting on the eviction of squatters 
by the Ministry of Lands and Housing. A Permanent Secretary in the 
Office of the President responded by convening a press conference on 
August 30 on the private Yarona FM radio station and stating that it 
was important for BTV to broadcast news that promoted government 
policies and not reports that ``encourage trouble and criticize the 
government.''
    Responding to calls for the privatization of BTV after it began 
operations on July 31, the Government announced that it was considering 
turning the Department of Information and Broadcasting into a 
parastatal. However, on December 1, the Minister of Presidential 
Affairs and Public Administration, Thebe Mogami, stated that BTV would 
remain under government control. This proposal would affect BTV, Radio 
Botswana, the Daily News and BOPA. The opposition Botswana Congress 
Party has criticized government control over media and has urged that 
they be privatized or turned into parastatals.
    The privately-owned Gaborone Broadcasting Company (GBC), which has 
operated since 1987, broadcasts mostly foreign-made programming and is 
the only other television station operating in the country. GBC 
broadcasts reach viewers only in the capital area.
    Independent radio and television from neighboring South Africa are 
received easily. An analogue television service from South Africa, 
which had been available free to viewers, was discontinued on October 
1, when the signal was scrambled and viewers were required to pay to 
receive the service. Satellite television from a South African-based 
company is readily available, although its cost prevents many persons 
from subscribing to the service.
    Internet access is spreading quickly. The Government does not 
restrict e-mail or Internet usage. Four Internet service providers are 
available to the domestic market: three of them are private companies, 
and one, Botsnet, is the commercial arm of the parastatal Botswana 
Telecommunications Corporation.
    During the 1999 election campaign, opposition candidates initially 
had limited access to state-owned media, including state-owned radio, 
which was the only domestic radio service and the sole domestic source 
of news for most of the rural population. During the first part of the 
campaign season, the state-owned media gave opposition candidates less 
news coverage than ruling party candidates. When opposition politicians 
complained about this, the Government initially countered that the 
activities of ministers and other government figures were inherently 
more newsworthy and therefore deserving of more coverage. However, the 
Government subsequently changed its policy, and during the latter part 
of the election campaign season the state-owned media gave balanced 
news coverage to the main opposition parties and included stories about 
the smaller political parties as well. Opposition leaders expressed the 
view that government media practices seriously disadvantaged opposition 
parties relative to the ruling party during the election campaign.
    On occasion the Government has taken steps, under loosely defined 
provisions of the National Security Act, to limit publication of 
information that in its view impinged on national security; however, 
there were no such incidents during the year.
    Academic freedom is not restricted.
    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for these rights, and the Government respects them in 
practice.
    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government generally respects this right in practice. 
The Constitution provides for the suspension of religious freedom in 
the interests of national defense, public safety, public order, public 
morality, or public health. However, any suspension of religious 
freedom by the Government must be deemed ``reasonably justifiable in a 
democratic society.''
    All religious organizations must register with the Government. To 
register a group submits its constitution to the Ministry of Home 
Affairs. After a generally simple bureaucratic process, the 
organization is registered. There are no legal benefits for registered 
organizations. Unregistered groups are potentially liable to penalties 
including fines up to $192 (1,000 Pula), up to 7 years in jail, or 
both. Except for the case of the Unification Church, there is no 
indication that any religious organization has ever been denied 
registration.
    The Unification Church was denied registration (but not suspended) 
in 1984 by the Ministry of Home Affairs on the public order grounds 
stipulated in the Constitution. The Government also perceived the 
Unification Church as anti-Semitic and denied registration because of 
another constitutional provision, which protects the rights and 
freedoms of individuals to practice their religion without 
intervention. In the intervening 16 years, although it has petitioned 
unsuccessfully the offices of the President and Vice President, the 
Unification Church has made no move to challenge the Ministry's 
decision in the courts.
    d. Freedom of Movement Within the Country, Foreign Travel, 
Emigration, and Repatriation.--The Constitution provides for these 
rights, and the Government respects them in practice. There are no 
formal barriers to domestic and international travel or emigration.
    Some human rights organizations continued to assert that the 
Government has pressured several Basarwa (Bushmen) communities within 
the Central Kalahari Game Reserve (CKGR) into relocating to partially 
built settlements outside of the Reserve. Government officials 
maintained that the ``voluntary'' resettlement was necessary in order 
to provide the Basarwa with better public services and to avoid 
conflicts between wildlife and humans within the CKGR. When the Basarwa 
arrived at the new settlements, beginning in 1995, services and 
facilities were substandard or nonexistent. Although conditions later 
improved, they remain very basic. The Government permits relocated 
Basarwa to return to the CKGR, but does not provide services within the 
reserve. Some international NGO's reported that government game wardens 
abused the Basarwa in the CKGR; however, no further information was 
available by year's end.
    The law provides for the granting of asylum and refugee status in 
accordance with the 1951 U.N. Convention Relating to the Status of 
Refugees and its 1967 Protocol. The Government cooperates with the 
UNHCR and other humanitarian organizations in assisting refugees. The 
Government has maintained a policy of considering asylum requests only 
from refugees from bordering countries; although in practice, the 
Government often considers refugee applications from Angolans. Although 
the Government sometimes held newly arrived refugees and asylum seekers 
in local jails until they could be interviewed by BCR or UNHCR 
officials, it transferred persons granted refugee status to the Dukwe 
Refugee Camp, pending resettlement or voluntary repatriation (see 
Section 1.d.). There were 3,409 refugees at Dukwe by year's end; they 
were primarily from Namibia, Angola, and Somalia. A small number of 
refugees were being held in ``protective custody'' in Mahalapye Prison. 
At year's end, there were six refugees from Uganda, Kenya, Nigeria, 
Somalia, and Burundi being held in Mahalapye Prison. The Government 
strictly applies a policy of first asylum. Refugee applicants who are 
unsuccessful in obtaining asylum are allowed to remain at Dukwe until 
the Government refers their cases to the UNHCR for resettlement.
    There were reports that BDF soldiers at Dukwe beat and abused Dukwe 
residents. One refugee applicant claimed that BDF soldiers beat him on 
December 1 for allegedly stealing a bag of sugar. The refugee applicant 
received medical treatment for his injuries. The Acting Station 
Commander at Dukwe has stated that his office is investigating the case 
(see Section 1.c.).
    There were no reports of the forced return of persons to a country 
where they feared persecution.
    More than 2,500 refugees from the Caprivi Strip in neighboring 
Namibia have fled to the country since late 1998. Many were armed and 
linked to the ethnically based opposition groups based in the Caprivi 
Strip of Namibia. Male refugees linked to such groups requested asylum 
based on their claim that they were being forced into the Namibian army 
to fight in the Democratic Republic of the Congo. The Government 
provided first asylum to all such persons. In consultation with the 
UNHCR in 1999, the Government began negotiations with the Government of 
Namibia to facilitate the voluntary return of Nambian refugees. During 
the year, five persons were returned voluntarily to Namibia. UNHCR 
experienced problems obtaining permission from Namibia to return other 
such persons. In August 1999, the Government detained members of a 
Caprivi separatist group who had fled into the country after a military 
offensive in Katima Mulilo in Namibia. The group's leader, Meshake 
Muyongo, was resettled in a third country. Eight of Muyongo's group of 
15 Democratic Turnhalle Alliance (DTA) leaders and their families who 
feared for their safety in Namibia were awaiting adjudication of their 
resettlement applications by year's end.
    During the year, the Government's Refugee Advisory Committee, which 
includes a UNHCR representative, found that 19 Namibian asylum seekers 
failed to qualify for asylum. In September the Government filed for the 
extradition of 15 of these individuals, 13 of whom appeared in court 
(one was ill, and another fled). One of the 15 accused the Government 
of unfair detention and violations of human rights and successfully 
challenged his detention in court (see Section 1.d.). The extradition 
process was continuing at year's end; three of the cases were returned 
to Namibia for further documentation, and one other application was 
dismissed. The 19 failed asylum seekers were being detained in various 
local jails at year's end. Their trial began in December and was 
ongoing at year's end.

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 exercise this right in practice 
through periodic, generally free and fair elections held on the basis 
of universal adult (18 years of age) suffrage. The President is elected 
by the National Assembly and is limited to two 5-year terms in office. 
Members of the BDP have held a majority of seats in the National 
Assembly, and as a result also the presidency, continuously since 
independence.
    Elections for the National Assembly were held in October 1999 and 
generally were regarded as largely free and fair by domestic and 
international observers, despite preferential access for BDP candidates 
during much of the campaign to state-owned media including state-owned 
radio, the sole domestic source of news for most of the rural 
population, and despite press reports of large anonymous campaign 
contributions to the ruling party, purportedly by international diamond 
interests (see Section 2.a.). The BDP increased its majority in the 
National Assembly from 31 to 37 of 44 seats, thereby ensuring the 
election of its presidential candidate, incumbent President Mogae. In 
1998 Mogae, then Vice President, had succeeded Sir Ketumile Masire as 
President upon the latter's retirement. Of the 7 seats won by 
opposition parties in October, the Botswana National Front (BNF) won 6 
and the Botswana congress Party (BCP) won 1 seat.
    The House of Chiefs, an advisory body with limited powers, is 
restricted constitutionally to the eight ``principal tribes'' of the 
majority Tswana ethnic group and four elected chiefs representing 
smaller tribes, including the Bakalanga, Lozi, Humbukush, and 
Bakgalagadi. Consequently, other groups, for example, the Basarwa, 
Herero, Baloi, or Bayei are not represented there. Given the limited 
authority of the House of Chiefs, the impact of excluding other groups 
of citizens is largely symbolic, but some non-Tswana view it as 
important in principle (see Section 5). Members of the National 
Assembly are required to speak English.
    The State is highly centralized. There are 406 district governments 
with elected councilors, but they have no fiscal autonomy and must rely 
on the central Government for revenue.
    In practice women are underrepresented in the political process. 
However, the 1999 elections doubled the number of women serving in the 
National Assembly, from 4 to 8 of 44 members. The number of women 
serving in the cabinet also increased from 3 to 4 of 15 members. Of the 
13 High Court justices, 1 was a woman.

Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    Domestic and international human rights groups operate without 
government restriction, investigating and publishing their findings on 
human rights cases. Ditshwanelo, the Botswana Center for Human Rights, 
actively promotes human rights and investigated alleged abuses. The 
Metlhaetsile Women's Information Center, Emang Basadi, and Women 
Against Rape are active on issues concerning women's rights, 
particularly rape and domestic violence. Government officials are 
generally cooperative and responsive to these groups. The Government 
does not have a human rights office.

Section 5. Discrimination Based on Race, Sex, Religion, Disability, 
        Language, or Social Status
    The Constitution forbids State discrimination on the basis of 
ethnicity, race, nationality, creed, sex, or social status, and these 
provisions are implemented in practice by government authorities. 
However, neither the Constitution nor any known law prohibits 
discrimination by private persons or entities.
    Women.--Violence against women remains a serious problem. Domestic 
abuse is one area of concern. Under customary law and in common rural 
practice, men have the right to ``chastise'' their wives. Police rarely 
are called to intervene in cases of domestic violence. Reports of 
sexual exploitation, abuse, and criminal sexual assault are increasing, 
and public awareness of the problem generally is growing. The national 
police force has begun training officers in handling domestic violence 
problems to make them more responsive in such cases. Rape is another 
grave national problem, and the Government acknowledged in 1999 that, 
given the high incidence of HIV/AIDS, sexual assault has become an even 
more serious offense. In 1998 Parliament enacted legislation that 
increased all penalties for rape, incest, and other forms of sexual 
assault by imposing minimum sentencing requirements where none existed 
previously. The minimum sentence for rape is now 10 years, with the 
minimum increasing to 15 years with corporal punishment if the offender 
is HIV positive and to 20 years with corporal punishment if the 
offender knew of his or her HIV status. In 1999 a High Court ruled 
unconstitutional a provision in the new law that allowed the detention 
of rape suspects without bail. The law does not address the issue of 
marital rape. A recent study of rape by the police service urges police 
to develop improved methods of rape investigation, including the use of 
DNA tests in all rape cases. The police force purchased new equipment 
and an officer was trained to use it during the year.
    Although the Government has become far tougher in dealing with 
criminal sexual assault, societal attitudes toward other forms of 
domestic violence remain lax. Half the murders of women were linked to 
histories of domestic violence. Human rights activists estimate that 6 
women in 10 are victims of domestic violence at some time in their 
lives.
    Sexual exploitation and harassment continue to be problems as well, 
with men in positions of authority, including teachers, supervisors, 
and older male relatives, pressuring women to provide sexual favors. 
Greater public awareness and improved legal protection have led more 
victims of domestic violence and sexual assault to report incidents to 
the authorities. In March 1999, the Women's Affairs Department 
submitted the Report on the Study of Socio-Economic Implications of 
Violence Against Women in Botswana to the Attorney General's office, 
which is working with all of the ministries to further investigate 
these problems.
    Women legally enjoy the same civil rights as men; however, in 
practice discrimination persists. A number of traditional laws enforced 
by tribal structures and customary courts restrict women's property 
rights and economic opportunities. A woman married under traditional 
law or in ``common property'' is held to be a legal minor, requiring 
her husband's consent to buy or sell property, apply for credit, and 
enter into legally binding contracts. Under a law enacted in 1996, 
women married under an intermediate system, referred to as ``in 
community of property,--are permitted to own immovable property in 
their own names; however, their husbands still retain considerable 
control over jointly-held assets of the marriage. The law was a step 
toward equalizing a husband's and a wife's legal control over property 
held in community of property. Moreover, the 1998 Deeds Registry Act 
stipulates that neither spouse can dispose of joint property without 
the written consent of the other party.
    Women have, and increasingly are exercising, the right to marriage 
``out of common property,'' in which case they retain their full legal 
rights as adults. Polygyny is still legal under traditional law with 
the consent of the first wife, but it rarely is practiced. In September 
1998, consultants submitted to the Labor Ministry a report identifying 
provisions of existing law that potentially discriminate against women.
    Well-trained urban women enjoy growing entry level access to the 
white-collar job market, but the number of opportunities decreases 
sharply as they rise in seniority. Discrimination against women is most 
acute in rural areas where women engaged primarily in subsistence 
agriculture have weak property rights.
    Young women do not have access to military or national service 
training. Military service is voluntary for men only, and available to 
very few young women who serve as clerical workers. The Government 
abolished its national service program in April, a program that 
previously allowed male and female high school graduates to serve in 
government departments, mostly in rural areas. Government officials 
recently announced that there are no plans to recruit women into the 
Botswana Defense Force, due to infrastructure concerns such as lack of 
adequate living quarters and training facilities that made integration 
impracticable; the statement prompted women's rights activists to claim 
a denial of equal opportunity.
    The Government and interested NGO's meet regularly to implement the 
long-term plan of action described in the National Policy on Women 
adopted in 1996. The plan identifies six critical areas of concern, 
prioritized as follows:(1) women and poverty, (2) women and 
powersharing and decisionmaking, (3) education and training of women, 
(4) women and health, (5) the girl child, and (6) violence against 
women. The Women's Affairs Department of the Ministry of Labor and Home 
Affairs, in conjunction with the United Nations Development Program, 
developed the Program Support Document (PSD) in 1997, which provides a 
framework for implementation of the national policy on women through 
2002. Its five target areas include: (1) institutional strengthening at 
the national level, (2) advocacy and social mobilization, (3) 
institutional strengthening of NGO's, (4) research and information 
sharing, and (5) economic empowerment.
    A number of women's organizations have emerged to promote the 
status of women. The Government has entered into a dialog with many of 
these groups. While some women's rights groups reportedly felt that the 
Government has been slow to respond concretely to their concerns, 
women's NGO's state that they are encouraged by the direction of change 
and by the increasingly collaborative relationship with government 
authorities. Major women's NGO's include the Emang Basadi Women's 
Association, which promotes the social, economic and legal status of 
women; the Metlhaetsile Women's Information Centre, which provides 
legal assistance to poor women; and the Botswana Council of Women.
    Children.--The Government provides 7 years of free primary 
education for children, although attendance is not compulsory. 
Government estimates of the proportion of children who never attend 
school have ranged from 10 to 17 percent, and fewer than 20 percent of 
children complete secondary school; school attendance and completion 
rates are highest in urban areas, and lowest in remote rural areas, 
especially those inhabited chiefly by Basarwa (San or Bushmen). The 
national literacy rate is 69 percent: 70 percent for females and 67 
percent for males. However, in some cases, girls are denied schooling 
because of religious or customary beliefs. The Government continued to 
allocate the largest portion of its operating expenditures to the 
Ministry of Education, and the second-largest portion to the Ministry 
of Local Government, Lands, and Housing, which administered primary 
education. It also continued to allocate a large part of its investment 
expenditures to construct primary and secondary schools, so that 
children have ready access to education.
    It was estimated during the year that 35.8 percent of adults are 
infected with HIV/AIDS, and due largely to deaths from HIV/AIDS, 60,000 
orphans were registered by the Ministry of Health countrywide. 
Increasing numbers of children, mostly believed to be orphans, were 
observed begging or engaging in prostitution in urban areas. Orphans 
infected with HIV/AIDS also were denied inheritance rights by their 
relatives.
    The rights of children are addressed in the Constitution and the 
1981 Children's Act. Under the act, The country has a court system and 
social service apparatus designed solely for juveniles. The Government 
launched a 10-year program of action for children in 1997, 
incorporating the seven major global goals identified at the 1990 U.N. 
World Summit for Children. In 1996 the Ministry of Labor and Home 
Affairs transferred responsibility for children to the Social Welfare 
Department in the Ministry of Local Government, Lands, and Housing. 
Laws pertaining to children continued to be under review to align them 
with the UN Convention on the Rights of the Child. The Adoption Act 
also continued to be reviewed to ensure that adopted children are 
provided for and not exploited as cheap labor.
    There is no societal pattern of abuse against children, although 
incest and other forms of child abuse have received increased attention 
from the media and from local human rights groups.
    The problem of sexual harassment of students by teachers is a 
national concern. Reports of rape and sexual assault of young women, 
and cases of incest and ``defilement'' of young girls appear with 
greater frequency in the news. The age of sexual consent is 16. Child 
prostitution and pornography are criminal offenses, and 1998 amendments 
increased penalties for ``defilement'' of persons under 16.
    People with Disabilities.--The Government does not discriminate on 
the basis of physical or mental disability, although employment 
opportunities for the disabled remain limited. The Government does not 
require accessibility to public buildings and public conveyances for 
persons with disabilities, and the NGO community only recently has 
begun to address the needs of the disabled. In 1997 Parliament adopted 
a national policy that provides for integrating the needs of disabled 
persons into all aspects of government policymaking. The Government 
funded NGO's that provide rehabilitation services and supported small-
scale work projects by disabled workers.
    Indigenous People.--The Basarwa (also known as San), who now 
inhabit chiefly the Kalihari Desert, are the earliest known inhabitants 
of the country, and were the only inhabitants until Bantu groups 
arrived during the 16th century. They are physically, linguistically, 
and culturally distinct from the rest of the population. They remain 
economically and politically marginalized; they have lost access to 
their traditional land in fertile regions of the country and are 
vulnerable to exploitation by their non-Basarwa neighbors. Their 
isolation, ignorance of civil rights, and lack of political 
representation have stymied their progress. The estimated 52-55,000 
Basarwa persons represent about 3 percent of the country's total 
population. Although the Baswara traditionally were hunter-gatherers, 
most Basarwa now are employed as agricultural workers on farms or at 
cattle posts belonging to other ethnic groups. The formation of the 
20,000 square mile Central Kalahari Game Reserve (CKGR) by the colonial 
government in 1961 on traditional Basarwa lands set the stage for 
conflict between the Basarwa's pursuit of their traditional way of life 
and wildlife conservation. The Government in the past followed a policy 
of prohibiting human habitation in the CKGR with the goal of wildlife 
preservation, but has made accommodation for the estimated 1,000 to 
3,000 Basarwa who still pursue hunting and gathering there. The 
Government has provided very limited social services within the CKGR, 
and has encouraged those living there to leave the reserve for 
permanent settlements; there were some reports that the Government 
sometimes forced Baswara to leave the reserve. However, the Government 
has made little real progress since international attention in 1996 
focused on the intractable problem of resettling Basarwa living in the 
CKGR. Both the Basarwa and the Government are seeking out concerned 
NGO's to assist with the resettlement process and to address the larger 
issue of improving the Basarwa's standard of living without sacrificing 
what remains of their traditional way of life.
    National/Racial/Ethnic Minorities.--Well over half of the country's 
1.5 million inhabitants belong to the Tswana ethnic group, of which the 
Constitution recognizes eight principal tribes, and which has a 
tradition of peacefully coexisting with non-Tswana groups. Some non-
Tswana ethnic groups are more numerous than the Tswana in some rural 
areas of the country: the Kalanga and Lozi in areas of the north; the 
Bayei and Herero in the Okavango Delta region; and the Baswara in the 
arid west. There are also communities of persons of Asian and European 
descent.
    Apart from the lack of schooling in their own languages and their 
present lack of representation in the House of Chiefs (see Section 3), 
the country's non-Tswana communities are not subject to discrimination 
by the State. Societal discrimination also is limited. Intermarriage 
between Tswana and non-Tswana ethnic groups is common. Urban 
neighborhoods are not ethnically segregated. There generally is little 
correlation between income and ethnicity among persons of African 
descent, although many persons of Asian and European descent are 
prominent in the commercial sector.

Section 6. Worker Rights
    a. The Right of Association.--The Constitution provides for the 
right of association. In practice all workers are free to join or 
organize unions of their own choosing. The country ratified ILO 
Convention 151 during the year, which permits government employees to 
organize their own unions. The industrial or wage economy is small, and 
unions are concentrated largely in mineral extraction and to a lesser 
extent in the railway and banking sectors. There is only one major 
confederation, the Botswana Federation of Trade Unions (BFTU), but 
there are no obstacles to the formation of other labor federations.
    Unions are independent of the Government and are not closely allied 
with any political party or movement. Unions may employ full-time 
administrative staff, but the law requires elected union officials to 
work full time in the industry that the union represents. This rule 
severely limits union leaders' professionalism and effectiveness, and 
has been criticized by the International Confederation of Free Trade 
Unions (ICFTU).
    The law also severely restricts the right to strike. Legal strikes 
are theoretically possible after an exhaustive arbitration process, but 
in practice none of the country's strikes has been legal. Sympathy 
strikes are prohibited.
    Unions may join international organizations, and the BFTU is 
affiliated with the ICFTU. The Minister of Labor must approve any 
affiliation with an outside labor movement, but unions may appeal to 
the courts if an application for affiliation is refused.
    b. The Right to Organize and Bargain Collectively.--The 
Constitution provides for collective bargaining for unions that have 
enrolled 25 percent of a labor force. In reality only the mineworker 
unions have the organizational strength to engage in collective 
bargaining. Elected labor union officials are required by law to work 
full time in whatever industry they represent; consequently, there are 
no full-time elected labor leaders in the country. However, unions may 
employ full-time staff.
    Workers may not be fired for union-related activities. Dismissals 
may be appealed to labor officers or civil courts, but labor offices 
rarely do more than order 2 months' severance pay.
    The country has only one export processing zone, located in the 
town of Selebi-Phikwe, and it is subject to the same labor laws as the 
rest of the country.
    c. Prohibition of Forced or Compulsory Labor.--The constitutional 
provision prohibiting forced or bonded labor applies to all citizens, 
although there are no laws that specifically prohibit forced or bonded 
labor by children; there were no reports of forced or bonded labor.
    d. Status of Child Labor Practices and Minimum Age for Employment 
of Children.--Although education is not compulsory, the Government 
provides 7 years of free primary education to every child, and most 
children take advantage of this opportunity. Only an immediate family 
member may employ a child age 13 or younger, and no juvenile under age 
15 may be employed in any industry. Only persons over age 16 may be 
hired to perform night work, and no person under age 16 is allowed to 
perform hazardous labor, including mining. District and municipal 
councils have child welfare divisions, which are responsible for 
enforcing child labor laws. Two laws focus on the protection of orphans 
and adopted children from exploitative labor. The Adoption Act ensures 
that adopted children are not exploited as cheap labor, and the 
Employment Act protects orphans from exploitation as cheap labor or 
coercion into prostitution. Because research on the issue of child 
labor is limited, it is difficult to state whether child labor laws are 
enforced effectively. However, there is general agreement among the 
Labor Commissioner, officials of the Ministry of Local Government, 
Lands, and Housing, and UNICEF that the child labor problem is limited 
to young children in remote areas who work as cattle tenders, maids, or 
babysitters.
    The Government ratified ILO Convention No. 182 on the worst forms 
of child labor on January 3, and is in the process of bringing its 
national laws into compliance with international treaty obligations. 
The Government launched a 10-year program of action for children in 
1997; however, implementation has proceeded slowly.
    The constitutional provision prohibiting forced or bonded labor 
applies to all citizens, although there are no laws that specifically 
prohibit forced or bonded labor by children (see Section 6.c.); there 
were no reports of forced or bonded labor by children.
    e. Acceptable Conditions of Work.--The minimum daily wage for most 
full time labor in the private sector was $3.15 (17 Botswana pula), 
which remained less than 50 percent of what the Government calculates 
is necessary to meet the basic needs of a family of five. Wage policy 
is determined by the Cabinet, which decides on recommendations made by 
the National Economic, Manpower and Incomes Committee (NEMIC), which 
consists of government, BFTU, and private sector representatives. The 
Ministry of Labor is responsible for enforcing the minimum wage, and 
each of the country's districts has at least one labor inspector. Civil 
service disputes are referred to an ombudsman for resolution. Private 
labor disputes are mediated by labor commissioners, but insufficient 
numbers have resulted in 1 to 2 year backlogs. In 1999 the Ministry of 
Labor received over 9,000 labor disputes and referred a small but 
undisclosed number of them to the Industrial Court for its review, 
which currently has a 9-18 month backlog.
    Formal sector jobs almost always pay well above minimum wage 
levels. Informal sector employment, particularly in the agricultural 
and domestic service sectors, where housing and food are included, 
frequently pay below the minimum wage. There is no mandatory minimum 
wage for domestic workers, and the Ministry of Labor no longer 
recommends a minimum wage for them. Illegal immigrants from poorer 
neighboring countries, primarily Zambians and Zimbabweans, are 
exploited easily in labor matters, as they would be subject to 
deportation if they filed grievances against their employers.
    The law permits a maximum 48-hour workweek, exclusive of overtime, 
which is payable at time and a half for each additional hour. Most 
modern private and public sector jobs are on the 40-hour workweek.
    The law provides that workers who complain about hazardous 
conditions may not be fired. However, the Government's institutional 
ability to enforce its workplace safety legislation remains limited by 
inadequate staffing and unclear jurisdictions between different 
ministries. Nevertheless, employers generally provide for worker 
safety, with the occasionally notable exception of the construction 
industry.
    f. Trafficking in Persons.--The law does not prohibit trafficking 
in persons, although penal code provisions cover such related offenses 
as abduction and kidnaping, slave trafficking, compulsory labor, and 
procuring women and girls for the purpose of prostitution. There were 
no reports that persons were trafficked to, from, within, or through 
the country.
                               __________

                              BURKINA FASO

    President Blaise Compaore continued to dominate the Government of 
the Fourth Republic, assisted by members of his party, the Congress for 
Democracy and Progress (CDP), despite increasing challenges from a 
number of fronts within society. In spite of the existence of dozens of 
political parties, there is little viable opposition to the President 
and his Government. The Government includes a strong presidency, a 
Prime Minister, a Council of Ministers presided over by the President, 
a two-chamber National Assembly, and the judiciary. In November 1998, 
President Compaore was reelected to a second 7-year term with 88 
percent of the vote; 56 percent of the electorate voted. Both national 
and international observers described the presidential election as 
substantially free and fair and an improvement over the 1997 
legislative elections, particularly with regard to the logistical 
organization of the balloting and the functioning of the polling 
stations; however, there were a limited number of voting 
irregularities. The national observers identified a number of systemic 
weaknesses in the electoral code that precluded the serious assurance 
of a perfectly regular and transparent vote, and a coalition 
representing a number of opposition parties boycotted the election. The 
CDP now controls 102 of 111 seats in Parliament. International 
observers considered the 1997 legislative elections to be substantially 
free and fair, although a collective of 14 local nongovernmental 
organizations (NGO's) cited generalized and systematic corruption and 
voter list irregularities. In November President Compaore and 
representatives from the opposition parties that agreed to participate 
in the Government signed a protocol that, among other items, ceded one-
third of the cabinet posts to the opposition. The judiciary is subject 
to executive influence.
    The security apparatus consists of the armed forces and the 
gendarmerie, both of which are controlled by the Ministry of Defense; 
the national police, controlled by the Ministry of Territorial 
Administration; and the municipal police, controlled by municipalities. 
Some members of the security forces committed human rights abuses.
    Over 80 percent of the population of approximately 11.4 million 
persons engages in subsistence agriculture. Frequent drought, and 
limited communication and transportation infrastructures, in addition 
to a 77 percent illiteracy rate, are longstanding problems. The 50 
percent devaluation of the CFA franc in 1994 made imports more 
expensive for salaried workers and civil servants, but improved the 
competitiveness of livestock and cotton exports. Since 1991 the 
Government has adopted a series of structural adjustment programs 
designed to open the economy to market forces and to reduce government 
deficits, while shifting resources to the education and health sectors. 
In recent years, the country has registered strong gains in life 
expectancy, literacy, and school attendance rates, although it remains 
a very poor country with annual per capita income of about $240.
    The Government's human rights record remained poor in a number of 
areas; although there were improvements in a few areas, serious 
problems remain. The continued dominance of President Compaore and his 
ruling party limited citizens' right to change their government, 
although the 1998 presidential election represented a further step 
toward democratic government. The security forces were responsible for 
at least one extrajudicial killing and continued to mistreat detainees. 
Prison conditions remained harsh. Arbitrary arrest and detention are 
problems, and authorities do not ensure detainees due process. Although 
the Government continued attempts to improve its respect for human 
rights, a general climate of impunity for members of the security 
forces and members of the President's family, along with a lack of 
progress in identifying or punishing those responsible for abuses 
committed, continued to tarnish its record. Courts are subject to 
executive influence, and authorities do not ensure fair trials. At 
times authorities restricted media activity, and the media practices 
self-censorship. The death of internationally respected journalist 
Norbert Zongo, his brother, and two other men in a suspicious car fire 
in December 1998 remained a focus of public concern during the year. 
The Government restricted freedom of assembly. Violence and 
discrimination against women persisted. Violence against children, 
particularly female genital mutilation (FGM), remained a problem. The 
Government took steps to educate citizens about the dangers of FGM. 
Child labor is a problem and there were occasional reports of 
trafficking of women and children. Killings of criminal suspects by 
vigilante mobs remained a problem.

                        RESPECT FOR HUMAN RIGHTS

Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Political and Other Extrajudicial Killing.--There were no 
reports of political killings; however, there was one extrajudicial 
killing. On December 6, gendarmes shot and killed Flavien Nebie, a 12-
year-old student, while forcibly dispersing a student demonstration in 
the town of Bousse (see Section 2.b.). The Government characterized the 
killing as accidental and, at year's end, promised an investigation.
    In August 1999, police officers shot and killed mechanic Mamadou 
Kone when he was in their custody in Banfora, a village in the province 
of Comoe. Kone had been arrested as a result of an investigation 
involving stolen car engines; while he was being booked, Kone struck at 
two police officers in an attempt to escape. He then was shot by a 
third police officer. The policeman accused of assaulting and killing 
Kone was indicted for involuntary homicide in September 1999 and held 
in custody until he was released on bail in March. At year's end, a 
trial date had not been set.
    The January 1998 extrajudicial killing of David Ouedraogo, the 
chauffeur of President Compaore's brother Francois, was resolved in 
August. Ouedraogo, along with two other domestic employees of Francois 
Compaore, had been taken to the Presidential Guard barracks in December 
1997 after being accused of stealing money from the home of the 
President's brother. Francois Compaore's refusal to cooperate with 
judicial authorities impeded the official investigation, and he was 
never arrested. In March 1999, the civil court handling the case 
declared itself incompetent to rule on the matter since Ouedraogo died 
at the hands of members of the Presidential Guard within their 
barracks. As a result, the case was sent to a military tribunal.
    Six members of the Presidential Guard were implicated in the 
Ouedraogo killing. One died in a road accident before criminal charges 
could be filed against him; five were arrested in 1999. On August 19, 
the military tribunal found three of the defendants guilty of 
assaulting and killing Ouedraogo; two of the convicted defendants 
received 20-year prison sentences, and the other received a 10-year 
sentence. The military tribunal acquitted the final two defendants, the 
lowest ranking of the accused Presidential Guards, on the basis of 
insufficient evidence. Warrant Officer Abdoulaye Siemde, who admitted 
falsifying a police report in the David Ouedraogo case, died on May 26 
in the mental ward of Ouagadougou's main hospital under unknown 
circumstances.
    The Independent Investigatory Commission examining the deaths of 
journalist Norbert Zongo, his brother, and two other men in a 
suspicious car fire in December 1998 released its report in May 1999. 
The report determined that the four died for ``purely political 
motives'' and postulated that the probable reason for Zongo's murder 
was to stop the articles that he was writing on the January 1998 
killing of David Ouedraogo. The Commission stated that the six members 
of the Presidential Guard implicated in the Ouedraogo case also were 
``serious suspects'' in the Zongo murder. The Commission also noted 
that official documents from the Presidential Guard and the army that 
might have shed light on the whereabouts of the six Presidential Guard 
members on the day of the murders could not be found and probably were 
destroyed intentionally. During the year, the Zongo case remained a 
highly divisive issue. Despite the convictions of three of the five 
accused Presidential Guard members for the apparently related killing 
of David Ouedraogo and despite strong public sentiment favoring a trial 
of Zongo's alleged killers, by year's end, no one was charged in the 
Zongo case.
    In its report on the Zongo case, the Independent Investigatory 
Commission also recommended that the separation of functions between 
the police and the military be enforced; that the Presidential Guard 
limit its duties to the protection of the Chief of State; that 
unresolved cases of disappearances and killings in the recent past be 
settled; and that the National Assembly pass a law to eliminate any 
time limit for resolving the Zongo case. At year's end, the separation 
of functions between the police and military was being enforced; 
however, the Presidential Guard had not limited officially its duties 
to protecting the President nor had it been reorganized, no unresolved 
cases of disappearances and killings in the recent past were settled, 
and the National Assembly had not passed a law to eliminate any time 
limit for resolving the Zongo case.
    In May 1999, in response to the Independent Investigatory 
Commission's report, the President announced the creation of a Council 
of Wisemen to review the political crimes that have taken place since 
the country's independence, and to make recommendations for restoring 
social peace in the wake of the Zongo killings. In August 1999, the 
Council of Wisemen issued its final report which recommended reform of 
the judicial system; creation of a temporary, consensual commission to 
review certain articles of the Constitution; formation of a government 
of national unity; creation of a truth and justice commission to direct 
the nation's reconciliation process; and dissolution of the National 
Assembly. By year's end, only the recommendation to restructure the 
government had been accepted (see Section 3).
    No progress was made in punishing those responsible for abuses 
reported in previous years. The major problem with law enforcement 
remains a general climate of impunity for human rights abusers and 
members of the President's family, fostered by the failure of 
government investigations to result in guilty findings and appropriate 
sanctions. Inquiries tend to continue until they are overshadowed by 
subsequent incidents or quietly shelved. Appeals by human rights 
organizations generally go unanswered.
    On December 21, the trial of a gendarme accused of fatally shooting 
two unarmed high school demonstrators in the city of Garango in 1995 
was delayed indefinitely to permit a new government investigation; the 
original investigation was seriously flawed.
    In June militiamen who claimed allegiance to Naba Tigre, the 
traditional chief of the city of Tenkodogo, killed trader Mamadou Kere, 
reportedly for showing disrespect to Naba Tigre. The victim actually 
had criticized Naba Tigre's son, a parliamentarian who supported the 
CDP. Although Naba Tigre was temporarily held in police custody from 
July 7 to 19, he was released, and at year's end, no one had been 
charged in Kere's killing.
    Killings by vigilante mobs and self-styled militias remained a 
problem nationwide. The vast majority of such killings targeted 
suspected thieves and other alleged criminals, who typically were 
burned or beaten to death. On several occasions during the year, 
vigilantes destroyed the property of persons accused of sorcery and 
expelled them from their communities.
    b. Disappearance.--There were no reports of politically motivated 
disappearances.
    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The law prohibits the mistreatment of detainees; however, 
members of the security forces continued to mistreat persons and 
suspects are often subject to beatings, rough handling, and threats, 
frequently to extract confessions. There are credible reports that 
officials at Maco prison continued to employ degrading treatment 
subjecting prisoners to overcrowded, unsanitary conditions and 
providing inadequate food. The Government is not known to have taken 
any disciplinary action against those responsible, and the climate of 
impunity created by the Government's failure to prosecute abusers 
remains the largest obstacle to ending abuses.
    On April 8, police used tear gas and batons to disperse a march, 
injuring 20 persons (see Section 2.b.). On April 10, while dispersing 
continued violent protests, security forces arrested several marchers 
and shaved their heads while they were in custody (see Section 2.b.).
    On April 12 to 13, police arrested 20 demonstrators and shaved the 
heads of several demonstrators while they were in detention (see 
Section 2.b.).
    On August 30, police used tear gas to disperse refugees peacefully 
demonstrating for improved living conditions and transfer to other 
countries (see Section 2.d.).
    On November 30, gendarmes detained approximately 15 students, 
reportedly beat them, stripped them to their undergarments, and 
subsequently left them in a park near the outskirts of the city (see 
Sections 1.d. and 2.b.).
    On December 6, police used tear gas and fired upon a student 
demonstration in Bousse, killing a boy (see Sections 1.a. and 2.b.).
    Prison conditions are harsh, overcrowded, and can be life 
threatening. The federal prison in Bobo-Dioulasso, built in 1947, 
houses approximately 1,000 prisoners, although it was designed to hold 
less than half that number. The prison diet is poor, and inmates often 
must rely on supplemental food from relatives. There are separate 
facilities for men, women, and children.
    According to human rights monitors, prison visits are granted at 
the discretion of prison authorities. Permission is granted routinely, 
and advance permission is not required.
    d. Arbitrary Arrest, Detention, or Exile.--Arbitrary arrest and 
detention were problems, and authorities did not ensure due process. 
The Constitution provides for the right to expeditious arraignment and 
access to legal counsel. The law limits detention for investigative 
purposes without charge to a maximum of 72 hours, renewable for a 
single 48-hour period; however, in practice police rarely observe these 
provisions. The average time of detention without charge is 1 week, and 
the law allows judges to impose an unlimited number of 6-month 
preventive detention periods. It is not unusual for defendants without 
access to legal counsel to be imprisoned for weeks or months before 
appearing before a magistrate. In some cases, prisoners were held 
without charge or trial for a longer period than the maximum sentence 
that they would have received if convicted of the alleged offense.
    On November 30, gendarmes detained approximately 15 students during 
a peaceful demonstration in Ouagadougou. After forcibly removing the 
students from a church, gendarmes reportedly beat the students, 
stripped them to their undergarments, and subsequently left them in a 
park near the outskirts of the city (see Sections 1.c. and 2.b.).
    In November 1998, eight armed policemen temporarily detained 
opposition Party for Democracy and Progress (PDP) deputy Gerard 
Karambiri and a PDP supporter. Police awakened both men in their 
respective homes in the early hours of the morning. The officers lacked 
the required warrants and entered their homes at times other than the 6 
a.m. to 9 p.m. ``legal hours.'' Police took them to headquarters, 
interrogated them for about 2 hours, and then released them. 
Parliamentarians believed that the detention of Deputy Karambiri 
violated the parliamentary immunity granted to all deputies under the 
Constitution. Several days later, after demanding that the detentions 
be investigated fully, PDP deputies walked out of the National Assembly 
in protest. The governing CDP parliamentary group expressed support for 
the PDP, and National Assembly President Melegue Traore addressed a 
letter to the Prime Minister asking that the incident be investigated. 
At year's end, the Government has not responded.
    While dispersing violent protesters on April 10, security forces 
arrested several marchers and shaved their heads while in custody (see 
Section 1.c.). On April 12 to 13, the police arrested 6 prominent 
leaders and approximately 12 members of the Collective of Mass 
Democratic Organizations and Political Parties following a 
demonstration.
    The Government does not use forced exile.
    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary; however, in practice the judiciary is subject to 
executive influence. The President has extensive appointment and other 
judicial powers. The Constitution stipulates that the Head of State is 
also the President of the Superior Council of the Magistrature, which 
can nominate and remove some high-ranked magistrates and can examine 
the performance of individual magistrates.
    The Zongo killing (see Section 1.a.) and its aftermath have focused 
attention on the severe weaknesses in the justice system, including 
removability of judges, outdated legal codes, an insufficient number of 
courts, a lack of financial and human resources, and excessive legal 
costs.
    The Constitution provides that the Supreme Court is the highest 
court in the country. Beneath the Supreme Court are 2 Courts of Appeal 
and 10 provincial courts (``de grande instance''). There is also a High 
Court of Justice, with jurisdiction to try the president and senior 
government officials for treason and other serious crimes. In 1995 the 
National Assembly passed legislation reforming the military court 
system, making military courts less susceptible in principle to 
executive manipulation; however, their independence has not yet been 
demonstrated.
    In addition to the formal judiciary, customary or traditional 
courts, presided over by village chiefs, handle many neighborhood and 
village problems, such as divorce and inheritance disputes. The 
population generally respects these decisions, but citizens also may 
take a case to a formal court.
    The Constitution provides for the right to public trial, access to 
counsel, and has provisions for bail and appeal. While these rights 
generally are respected, the ability of citizens to obtain a fair trial 
remains circumscribed by their ignorance of the law--78 percent of the 
population is illiterate--and by a continuing shortage of magistrates. 
Amendments to the Penal Code to make it more relevant to modern 
requirements, such as the revision making FGM a crime, were adopted by 
Parliament in 1996 and entered into effect in 1997.
    There were no reports of political prisoners.
    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The Constitution provides for these rights, and in 
practice the authorities generally do not interfere in the daily lives 
of ordinary citizens. However, in national security cases a law permits 
surveillance, searches, and monitoring of telephones and private 
correspondence without a warrant. By law and under normal 
circumstances, homes may be searched only with the authority of a 
warrant issued by the Attorney General.

Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The 1991 Constitution and the 1990 
Information Code provide for freedom of speech and of the press; 
however, in practice these freedoms still remain circumscribed both by 
government action and by a certain degree of self-censorship. The 
President and his Government remain sensitive to criticism. Provisions 
in the code granting the Government strong legal powers to intimidate 
the press through a broad interpretation of defamation were removed in 
1993. As a result, journalists charged with libel may defend themselves 
in court by presenting evidence in support of their allegations. The 
independent press, particularly the written press, continued to 
exercise greater freedom of expression. However, the suspicious death 
of internationally respected journalist and newspaper editor Norbert 
Zongo in December 1998 raised serious questions on the limits to the 
exercise of this freedom (see Section 1.a.). Zongo was well known for 
his investigative reports on government scandals.
    All media are under the administrative and technical supervision of 
the Ministry of Communication and Culture. The audiovisual media are 
regulated further by the Superior Council of Information (CSI).
    The official media, including the daily newspaper Sidwaya, and the 
national radio and television displayed progovernment bias. The 
independent press includes five daily and approximately a dozen weekly 
newspapers; some newspapers appear only occasionally. There are more 
than 50 independent radio stations and a religious television station. 
The only private commercial television station ceased to broadcast in 
1999, due to financial difficulties. These media outlets included 
stations that are critical of the Government.
    In 1998 the CSI released new regulations for private and 
independent radio and television; which entered into effect in 1999. 
The regulations allowed reinstatement of call-in shows, which were 
suspended in 1997. However, radio stations are held responsible if 
their call-in programs threaten the public order or the rights of any 
third party. On April 14, the Government permanently suspended call-in 
programs, which allowed criticism of the Government, on two private FM 
stations. The Government also temporarily closed one of the stations, 
Radio Horizon, from April 16 to June 17. In May 1999, employees from 
two radio stations were questioned by the police after broadcasting a 
call-in show on the Zongo killings that featured the secretary general 
of Reporters Without Borders, Robert Menard. After being threatened 
with formal expulsion, Menard involuntarily left the country. In 
September 1999, he was denied entry into the country.
    National and international observers reported that the CSI 
effectively fulfilled its responsibilities under the Electoral Code to 
assure equal media treatment of the candidates during the period prior 
to the November 1998 presidential election. The collective of 
independent election observers stated after the election that the press 
generally was open to the different candidates. Press reporting on 
candidates' campaigns, with the exception of the national television 
and state-owned newspaper, which initially gave the President more 
attention than that provided to the other two candidates, became more 
balanced after a complaint presented to the CSI early in the campaign 
by Green Party candidate Ram Ouedraogo.
    Academic freedom is respected. In April the Government closed the 
University of Ouagadougou and primary and secondary schools in 
Ouagadougou and several other cities in response to political 
demonstrations by students. The primary and secondary schools reopened 
in approximately a week, and the University reopened several weeks 
later. In October the Government again closed the University in 
response to a series of strikes, walkouts, and violent confrontations 
between riot police and student groups. After instituting a series of 
reforms and conceding to the concerns of teachers and student groups, 
University registration began in late December. The University was 
scheduled to reopen early in 2001.
    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of assembly; however, at times the Government 
restricted this right in practice. Police forcibly dispersed several 
demonstrations, and in December the Government banned all public 
demonstrations or gatherings except for weddings, funerals, and 
religious ceremonies. At year's end, the ban remained in effect.
    Previously, political parties and labor unions were allowed to hold 
meetings and rallies without requesting Government permission. However, 
the law requires that authorities be notified in advance of planned 
demonstrations and gives the executive the right to invoke the need to 
preserve public order to forbid demonstrations. Penalties for 
violations include 2 to 5 years imprisonment. Permits must be obtained 
from municipal authorities for political marches. Applicants must 
indicate the date, time, duration, and itinerary of the march or rally, 
and authorities may alter or deny requests on grounds of public safety. 
Denials or modifications may be appealed before the courts.
    On April 8, security forces dispersed a march protesting the 
impunity from prosecution of members of the President's family and 
entourage. The police used tear gas and batons to disperse the 
demonstrators, injuring 20 persons.
    Protests continued on April 10 for progress on the Zongo case and 
expanded political freedom and a more effective justice system.
    While dispersing violent street demonstrations, police arrested 
several persons and shaved their heads while they were in custody. From 
April 12 to 13, the Collective of Mass Democratic Organizations and 
Political Parties led largely peaceful demonstrations to demand 
truthful information in both the Zongo and David Ouedraogo cases (see 
Section 2.b.). The police arrested approximately 12 members and 6 
prominent leaders of the collective, including human rights leader 
Halidou Ouedraogo; lawyer Benewende Sankara; union leader Tole Sagnon; 
and Sankarist party leader Norbert Tiendrebeogo. The police detained 
them (without charge) for 3 days and shaved their heads while they were 
in custody.
    On August 30, police used tear gas to disperse refugees 
demonstrating for improved living conditions (see Section 2.d.).
    In October civil servants widely observed a peaceful general strike 
called by opposition parties to demand truth in the Zongo case, 
although it was ignored generally by the private sector (see Section 
6.a.).
    On November 30, gendarmes detained approximately 15 students during 
a peaceful demonstration in Ouagadougou, reportedly beat them, stripped 
them to their undergarments, and left them in a park near the outskirts 
of the city (see Sections 1.c. and 1.d.).
    On December 6, students from Ouagadougou University demonstrated in 
the town of Bousse against proposed government reforms at the 
university. Gendarmes used tear gas to disperse the demonstration and 
fired upon the demonstrators, killing a boy. The Government 
subsequently banned all public demonstrations until further notice.
    Despite the ban on demonstrations, a small group of protesters 
marked the second anniversary of Zongo's death on December 13; security 
forces dispersed them with tear gas.
    Journalists and human rights activists were not permitted to hold 
public meetings during the International Press Freedom Festival in 
Ouagadougou on December 12 to 16. The Government also refused to permit 
a number of foreign journalists and human rights activists to enter the 
country to attend the festival.
    The Constitution provides for freedom of association, and the 
Government generally respects this in practice. Since early 1990, 
political parties and labor unions usually have been permitted to 
organize without seeking government permission.
    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government respects this right in practice.
    The Government requires that religious groups register with the 
Ministry of Territorial Administration. Registration establishes a 
group's legal presence in the country but entails no specific controls 
or benefits. There are no penalties for failure to register.
    d. Freedom of Movement Within the Country, Foreign Travel, 
Emigration, and Repatriation.--The Constitution provides for freedom of 
movement, and authorities generally respect this right in practice. 
Gendarmes routinely stop travelers for identity and customs checks and 
the levying of road taxes at police and military checkpoints; some 
foreign journalists were not permitted to enter the country. There is 
no restriction on foreign travel.
    Following the Government's December ban on demonstrations (see 
Section 2.b.), progovernment vigilantes intimidated human rights 
activists and forced some to flee from cities such as Koudougou (see 
Section 4).
    The law includes provisions for granting refugee and asylee status 
in accordance with the provisions of the 1951 U.N. Convention Relating 
to the Status of Refugees and its 1967 Protocol. Refugees are accepted 
freely. The Government provides first asylum. The Government cooperated 
with the office of the U.N. High Commissioner for Refugees (UNHCR) and 
other humanitarian organizations in assisting refugees. Most refugees 
departed voluntarily for neighboring countries; however, a few hundred 
refugees from the Great Lakes region remained in the country at year's 
end. The majority of these refugees come from the Democratic Republic 
of the Congo, Congo Brazzaville, and Chad; they live singly or in small 
groups in Ouagadougou.
    During the year, 30 of the 600 refugees from several Francophone 
Africa countries who were resettled in the country in 1998 by the UNHCR 
held a sustained protest regarding their harsh living conditions. They 
accused the Foreign Ministry's National Committee for Refugees of 
misappropriating large sums of money intended for the refugees. On 
August 30, police used tear gas to disperse demonstrating refugees.
    There were no reports of the forced return of persons to a country 
where they feared persecution. There were no reports of the forced 
expulsion of persons with a valid claim to refugee status.

Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    Citizens have the constitutional right to change their government 
through multiparty elections; however, although the November 1998 
presidential election represented a further step toward democratic 
government, in practice citizens are unable to exercise this right 
fully due to the continued dominance of the President and his ruling 
party. President Compoare won 88 percent of the vote; 56 percent of the 
eligible voters went to the polls. The irregularities cited by 
observers in the actual voting process were limited in number and scope 
and did not appear to affect the ultimate outcome of the election. 
However, the national observers identified a number of systemic 
weaknesses in the electoral code that precluded a perfectly regular and 
transparent vote, and a coalition representing a number of opposition 
parties boycotted the election. Nevertheless, neither of the two 
candidates opposing President Compaore contested the results.
    In October 1999, President Compaore instructed the Prime Minister 
to reshuffle and broaden the Government. The new cabinet included four 
members from small opposition parties; however, the major opposition 
bloc, the Group of 14 February (G-14), refused to participate. In 
October 1999, the Council of Ministers passed decrees creating a 
Commission for Political Party Consultations and a Commission of 
National Reconciliation. The Commission issued a final report in 
December 1999. The President announced in his traditional 1999 New 
Year's Eve address that he would accept all of the report's 
recommendations, including designating a formal leader of the 
opposition in Parliament and reintroducing presidential term limits 
beginning in 2005. He said that he would call new parliamentary 
elections ``if necessary.'' At year's end, he had taken none of the 
recommended steps.
    In November President Compaore and representatives from the 
opposition parties that agreed to participate in the Government signed 
a protocol that ceded one-third of the cabinet posts to the opposition. 
Ernest Yonli was designated Prime Minister. The protocol also set out a 
commitment to strengthen dialog with opposition parties, civil society, 
associations, and trade unions, and to strengthen ethics in political 
life. Members of the opposition held 12 of 36 posts, but members of the 
largest opposition party, the Party for Democracy and Progress (PDP) as 
well as the other parties belonging to the G-14 bloc, refused to 
participate in the Government.
    The 1997 legislative elections gave the ruling CDP 101 out of 111 
parliamentary seats. (The CDP now controls 102 seats because of a 
defection to the ruling party by an opposition deputy.) The victory 
reflected both general support for policies of the governing party and 
a lack of viable opposition alternatives. While international observers 
described the elections as substantially free and fair, a collective of 
14 local NGO's cited generalized and systematic corruption and voter 
list irregularities. The Supreme Court annulled the results in four 
constituencies because of these irregularities.
    In May 1998, the National Assembly approved the establishment of an 
independent National Electoral Commission (CENI), funded by the 
Government. Although developing electoral lists remains the 
responsibility of the Ministry of Territorial Administration and 
Security, the CENI is responsible for creating a census bureau, 
installing voting stations, training poll workers, organizing election 
observation, ensuring election security, and distributing election 
material. During the 1998 presidential election, the CENI was unable to 
carry out its functions in some areas due to inadequate staffing. On 
May 17, the Government promulgated a new electoral code that gave the 
CENI more independence. Under the revised code, the CENI has full 
responsibility for managing its budget and is the only organization 
responsible for monitoring elections and referendums. However, during 
the September 24 municipal elections, the CENI appeared to defer to the 
Government on important questions such as postponing the elections and 
candidate eligibility.
    The CDP won over 70 percent of the seats in nationwide municipal 
elections held on September 24, but lost its majority in Koudougou, the 
third largest city. The CDP won the majority of seats, and thus the 
mayor's office, in 42 of the country's 49 communes. Despite some 
allegations of fraud, the vote was held without disruption and the CENI 
generally had adequate staff and personnel to perform its duties. 
Nationwide turnout was approximately 60 percent of registered voters, 
but less than half of eligible voters were registered. Seventeen 
parties participated in the elections; however, 8 opposition parties 
actively boycotted them.
    The Compaore Government includes a strong presidency, a Prime 
Minister, a Council of Ministers presided over by the President, a two-
chamber National Assembly, and the judiciary. The legislature is 
independent, but it remains susceptible to external influence from the 
executive branch.
    In November 1999, a presidential decree established a Commission on 
Political Reforms. Pursuant to the Commission's recommendation in 
December 1999, Article 37 of the Constitution was amended in April to 
provide that the presidential term of office be 5 years, renewable 
once, starting in 2005; the provision is not retroactive. Previously 
the Constitution allowed the President to run for an unlimited number 
of terms.
    There are no restrictions in law or practice on the participation 
of women or minority group members in politics; however, women are 
underrepresented in government and politics. Only 4 of the 36 ministers 
and 8 of the 111 National Assembly deputies are women. The President of 
the Social and Economic Council is a woman. In part because of the 
important role that women played in reelecting President Compaore in 
1998, the Congress for Democracy and Progress voted at its first 
ordinary Congress held in July 1999 to increase the number of women on 
its National Executive Council from two to six.

Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    In general the Government did not interfere with the activities of 
local human rights organizations during the year. A number of such 
groups operated during the year according to monitors, including the 
Burkinabe Movement for Human Rights (MBDHP), GERDES, and the 
Association of Christians for the Abolition of Torture (ACAT).
    In March 1999, the Council of Ministers terminated the agreement 
that had existed between the Government and the InterAfrican Human 
Rights Union (UIDH) since 1995. The Council stated in 1999 that UIDH 
head Halidou Ouedraogo, who also served as president of the Burkinabe 
Movement for Human Rights (MBDHP) and as president of the collective, 
had mixed politics with human rights and thus acted in ways 
incompatible with the agreement. The Council also considered illegal 
the UIDH's participation on a parallel inquiry commission that was set 
up in January 1999 by the Collective to investigate the Zongo killings. 
Under the 1995 agreement, the UIDH benefited from tax exemptions, a 
government subsidy that paid $500 (300,000 CFA) a month to rent 
temporary offices for the organization; Ouedraogo, a Burkinabe 
national, had enjoyed diplomatic immunity as head of an international 
organization. In May the President promised to reinstate the agreement 
providing a tax exemption and subsidy to the UIDH; however, these 
actions had not taken place by year's end.
    The Government again failed to answer inquiries from international 
human rights organizations concerning past abuses.
    Amnesty International (AI) still is awaiting the results of the 
Government inquiry into the 1995 killings in Garango, but the 
Government has not responded to AI's request for information.
    Following the Government's December ban on demonstrations (see 
Section 2.b.), progovernment vigilantes intimidated human rights 
activists and forced some to flee from cities such as Koudougou.
    The Government permitted international human rights groups to visit 
and operate in the country. The MBDHP is affiliated with the 
InterAfrican Human Rights Union (UIDH) and representatives of other 
human rights groups visited the country during the year.
    In 1994 the Government announced the creation of the Office of 
Ombudsman, called ``Mediateur du Faso.'' Retired General Marc Garango 
was appointed to the position, which is responsible for mediating 
disputes between the state and its citizens. In June 1998, the 
Ombudsman's Office issued its first activity report, which indicated 
that half the cases brought before it dealt with career problems of 
civil servants and the other half with a variety of issues, including 
land questions and bureaucratic inaction. On July 20, Garango issued 
another report and retired effectively on November 10. The report 
attempted to resolve approximately 300 outstanding citizen complaints 
against the Government and urged the Government to pay compensation in 
a number of cases.

Section 5. Discrimination Based on Race, Sex, Religion, Disability, 
        Language, or Social Status
    The Constitution prohibits discrimination on the basis of race, 
religion, or ethnic origin. Minority ethnic groups, like the majority 
Mossi, are represented in the inner circles of the Government, and 
government decisions do not favor one group over another.
    Women.--Violence against women, especially wife beating, occurs 
frequently. Cases of wife beating usually are handled through customary 
law and practice. There are no statistics on rape, although it is 
recognized as a crime. Spousal rape is not discussed. There are 
organizations that counsel rape victims, including Catholic and 
Protestant missions, the Association of Women Jurists in Burkina, the 
Burkinabe Movement for Human Rights, the Association of Women, and 
Promofemmes, a regional network that works to combat violence against 
women. The Government is attempting to change attitudes toward women, 
using education through the media. The Penal Code explicitly prohibits 
sexual harassment, but it has no special laws protecting women against 
violence other than general laws dealing with violence.
    Forced marriage is prohibited by law with specific penalties under 
the Penal Code for violators. Polygyny is permitted, but both parties 
must agree to it prior to a marriage, and the woman maintains the power 
to oppose further marriages by her husband if she can provide evidence 
that he abandoned her and her children. Either spouse can petition for 
divorce; custody of children is granted to either parent on the basis 
of the children's best interests.
    Although the law provides equal property rights to women and some 
inheritance benefits depending on other family relationships, in 
practice customary law prohibits women from the right to own property, 
particularly real estate. In rural areas, land belongs to the family of 
the man whom a woman marries. Customary law does not recognize 
inheritance rights for women and regards the woman as property that can 
be inherited upon her husband's death.
    There are no specific constitutional provisions or laws protecting 
women, who face extensive discrimination. In general women continue to 
occupy a subordinate position and experience discrimination in such 
areas as education, jobs, property, and family rights. Overall, women 
represent 45 percent of the work force; however, in the modern sector 
women make up one-fourth of the government work force, although they 
usually are found in lower paying positions. Women still do much of the 
subsistence farming work. After the May 1997 parliamentary elections, 
the Government created a Ministry of Women's Affairs and appointed a 
woman as minister; the minister actively promoted women's rights during 
the year.
    There were occasional reports of trafficking in women (see Section 
6.f.).
    Children.--The Constitution nominally protects children's rights. 
The Government has demonstrated its commitment to improving the 
condition of children by continuing a national policy to revitalize 
primary health care through the privatization of hospitals, which 
provided greater autonomy in hospital management. The Government has 
stated its commitment to improve access to primary education and as of 
1996 had raised the literacy rate to 22 percent. Although the law 
provides for free compulsory primary education, the Government lacks 
the means to provide universal, free primary instruction; many 
children, especially girls, do not attend school. A 1995 estimate 
indicated that about 30 percent of males and 9 percent of females were 
literate. The Government devoted approximately 21 percent of its budget 
to education and provided free primary school education to all 
children. If a child qualifies on the basis of grades and social 
condition (that is, the family is ``poor''), free education can 
continue through junior high and high school. In practice the family 
condition requirement often is ignored, giving many children a free 
education through high school.
    Females constitute approximately one-third of the total student 
population in the primary school system and are represented in the 
secondary and higher educational systems, although the percentage 
decreases significantly beyond the primary level. Schools in rural 
areas have disproportionately fewer female students than schools in 
urban areas. The Government has set up a scholarship program for female 
secondary students to encourage them to stay in school.
    Female genital mutilation, which is widely condemned by 
international health experts as damaging to both physical and 
psychological health, still is practiced widely, especially in many 
rural areas, and usually is performed at an early age. The percentage 
of females who have undergone this procedure may be as high as 70 
percent. The Government has made a strong commitment to eradicate FGM 
through educational efforts, and The National Committee for the Fight 
Against Excision campaigns against the practice. The Penal Code was 
revised in 1996 to make FGM a crime, with stricter punishments for 
those involved in its practice. Perpetrators are subject to 6-months to 
3-years imprisonment and a significant fine. The Government continued 
its sensitization campaign regarding the deleterious effects of this 
practice. According to press reports in 1999 and during the year, some 
persons who have practiced FGM and the victims' parents were arrested, 
and some FGM practitioners were prosecuted and received prison 
sentences under the 1996 law forbidding FGM. Another form of 
mutilation, scarification of the faces of both boys and girls of 
certain ethnic groups, gradually is disappearing.
    There were occasional reports of trafficking in children (see 
Sections 6.c. and 6.f.).
    People with Disabilities.--While there are modest government 
subsidies for workshops for the disabled, there is no government 
mandate or legislation concerning accessibility for the disabled. There 
is no legislation to protect persons with disabilities from 
discrimination. Programs to aid the disabled are limited, but human 
rights groups are not aware of any discrimination against the disabled.

Section 6. Worker Rights
    a. The Right of Association.--The 1962 Labor Code has been amended 
several times during the past decade. During the year, the Government 
repealed provisions requiring public servants to respect the 
revolutionary order under penalty of disciplinary sanctions. Under this 
legislation, workers, including civil servants, traditionally have 
enjoyed a legal right of association, which is recognized under the 
Constitution. There are 4 major labor confederations and 12 autonomous 
trade unions linked by a national confederal committee. They represent 
a wide ideological spectrum; the largest and most vocal member espouses 
socialist doctrine. Approximately 85 percent of the workforce is 
engaged in subsistence agriculture. Of the remainder, approximately 50 
percent of private sector employees and 60 percent of public sector 
employees are union members. Essential workers, such as police, may not 
join unions.
    The Constitution provides for the right to strike, and workers use 
strike actions to achieve labor goals. Many strikes were called 
throughout the year both by labor organizations to advance workers' 
objectives, and by the Collective of Mass Organizations and Political 
Parties to press for justice in the aftermath of the Zongo killings. 
The Government allowed peaceful strikes on a number of occasions, 
including in the health and banking sectors. University and medical 
students also struck on several occasions, including strikes in 
February and May protesting for improved study and working conditions, 
better food, and subsidized transportation. In October civil servants 
widely observed a peaceful general strike called by opposition parties 
to demand truth in the Zongo case (see Section 1.a.), although it was 
ignored generally by the private sector (see Section 2.b.).
    Labor unions may affiliate freely with international trade unions. 
The National Confederation of Burkinabe Workers is affiliated with the 
Brussels-based World Confederation of Labor.
    b. The Right to Organize and Bargain Collectively.--Unions have the 
right to bargain for wages and other benefits, both directly with 
employers and with industry associations. These negotiations are 
governed by minimums on wages and other benefits contained in the 
Interprofessional Collective Convention and the Commercial Sector 
Collective Convention, which are established with government 
participation. If no agreement is reached, employees may exercise their 
right to strike. Either labor or management may refer an impasse in 
negotiations to labor tribunals. Appeals may be pursued through the 
Court of Appeal to the Supreme Court, whose decision is binding on both 
parties. Collective bargaining is extensive in the modern wage sector, 
but it encompasses only a small percentage of workers.
    The Labor Code prohibits antiunion discrimination. The Labor 
Ministry handles complaints about such discrimination, which the 
plaintiff may appeal to a labor tribunal. If the tribunal sustains the 
appeal, the employer must reinstate the worker. Union officials believe 
that this system functions adequately.
    There are no export processing zones.
    c. Prohibition of Forced or Compulsory Labor.--The law prohibits 
forced or compulsory labor; however, there were occasional reports of 
trafficking in women for forced prostitution or domestic service (see 
Section 6.f.).
    The Government prohibits forced and bonded labor by children; 
however, there were occasional reports of trafficking in children for 
forced prostitution or domestic service (see Section 6.f.).
    d. Status of Child Labor Practices and Minimum Age for 
Employment.--The Labor Code sets the minimum age for employment at 14 
years, the average age for completion of basic primary school. However, 
the Ministry of Employment, Labor, and Social Security, which oversees 
labor standards, lacks the means to enforce this provision adequately, 
even in the small wage sector. Children commonly work with their 
parents in rural areas or in family-owned small businesses in villages 
and cities. Most children actually begin work at an earlier age on 
small, family subsistence farms, in the traditional apprenticeship 
system, and in the informal sector. There are no reports of children 
under the age of 14 employed in either state or large private 
companies. The Government prohibits forced or bonded child labor; 
however, there were reports of trafficking in children (see Sections 
6.c. and 6.f.).
    In December the National Assembly unanimously ratified ILO 
Convention 182 on the worst forms of child labor, but at year's end, 
the President had not yet signed the bill into law. The Ministry of 
Labor is expected to be responsible for its enforcement.
    e. Acceptable Conditions of Work.--The Labor Code mandates a 
minimum monthly wage, a standard workweek of 40 hours with at least one 
24-hour rest period for nondomestic workers and a 60 hour workweek for 
household workers, and establishes safety and health provisions. The 
minimum monthly wage in the formal sector, about $41 (28,911 CFA), does 
not apply to subsistence agriculture, which employs about 85 percent of 
the population. The Government last set a minimum wage in 1996. It is 
not adequate for an urban worker to support a family. Wage earners 
usually supplement their income through reliance on the extended 
family, subsistence agriculture, or trading in the informal sector.
    A system of government inspections under the Ministry of 
Employment, Labor, and Social Security and the labor tribunals is 
responsible for overseeing health and safety standards in the small 
industrial and commercial sectors, but these standards do not apply in 
the subsistence agricultural sector. However, the Government's Labor 
Inspector Corps does not have sufficient resources to fulfill its 
duties adequately. Every company is required to have a work safety 
committee. If a workplace has been declared unsafe by the Government's 
Labor Inspection Office for any reason, workers have the right to 
remove themselves from dangerous work without jeopardy to continued 
employment. In practice there are indications that this right is 
respected, but such declarations are relatively rare.
    f. Trafficking in Persons.--The law prohibits trafficking in 
persons; however, there were occasional reports of trafficking in women 
and children for the purposes of forced prostitution or domestic 
service. The country is an occasional source country for women who 
travel to Europe, believing they are going to work as domestics, but 
who, upon their arrival, are forced to work as prostitutes.
    The country is a source and transit point for trafficking, most 
frequently of children destined for agricultural labor, usually in Cote 
d'Ivoire. In many instances, children voluntarily travel to Cote 
d'Ivoire to work as agricultural laborers to escape poverty at home; 
however, in other cases, children are lured to plantation work in Cote 
d'Ivoire by false promises of generous remuneration, only to be forced 
to work under very harsh conditions for little or no payment. Some 
children are forced to work long hours without pay, allegedly to repay 
costs of their transport to Cote d'Ivoire and the costs of food and 
housing on the plantation.
    The Government only has limited resources to combat trafficking in 
women or children. During the year, a number of children destined for 
plantations in Cote d'Ivoire were intercepted by the authorities, and 
the traffickers were arrested; however, none were prosecuted during the 
year. The Government provided initial shelter to the children and 
helped return them to their homes. Some children asserted that they 
were going voluntarily to Cote d'Ivoire in search of work.
                               __________

                                BURUNDI

    Burundi is ruled by an authoritarian military regime led by self-
proclaimed interim President Pierre Buyoya, who was brought to power in 
a bloodless coup by the largely ethnic Tutsi armed forces in 1996 and 
who abrogated the Constitution. Buyoya holds power in conjunction with 
a political power structure dominated by members of the Tutsi ethnic 
group. In 1998 the Buyoya regime reached a political agreement with the 
opposition-dominated National Assembly, which adopted a Transitional 
Constitutional Act and a transitional political platform. The agreement 
brought the predominantly ethnic Hutu opposition party FRODEBU into the 
Cabinet. Political parties operate under significant restraints. Since 
1993 the civil war has caused thousands of civilian deaths and mass 
internal displacement. In June 1998, the Government and opposition 
parties began peace negotiations in Arusha, Tanzania. On August 28, the 
Buyoya regime and other groups present at the peace talks signed a 
peace agreement, which was ratified by the National Assembly on 
November 30. The agreement proposes extensive reforms of the security 
forces, the judiciary, and the country's political institutions. 
Several of the parties signed with reservations parts of the agreement, 
including the key issues of leadership of the transitional government, 
integration of the army, and the electoral system. Negotiations were 
ongoing at year's end. The two major armed rebel groups declined to 
join the peace process. The judiciary is controlled by the ethnic Tutsi 
minority and is not impartial.
    The security forces are controlled by the Tutsi minority and 
consist of the army and the gendarmerie under the Ministry of Defense, 
the judicial police under the Ministry of Justice, and the intelligence 
service under the presidency. Members of the security forces continued 
to commit numerous serious human rights abuses.
    The country is poor and densely populated, with 92 percent of the 
population dependent on subsistence agriculture. Many internally 
displaced citizens have been unable to grow food and depend largely on 
international humanitarian assistance. Per capita income fell from $200 
in the early 1980's to $121 in 1999, according to the Ministry of 
Development and Reconstruction. The civil war has caused severe 
economic disruption, especially to the small modern sector of the 
economy, which is based mainly on the export of coffee, tea, and 
cotton. The Government has announced plans to privatize publicly owned 
enterprises, but made little progress during the year.
    The Government's human rights record was poor. Citizens do not have 
the right to change their government. Security forces continued to 
commit numerous extrajudicial killings. The armed forces killed armed 
rebels and unarmed civilians, including women, children, and the 
elderly. Rebel attacks on the military often were followed by army 
reprisals against civilians suspected of cooperating with the 
insurgents. Despite Buyoya's stated commitment to end abuses by the 
military, numerous abuses were committed and perpetrators were not 
punished. Impunity for those who commit serious human rights 
violations, and the continuing lack of accountability for those who 
committed past abuses, remained key factors in the country's continuing 
instability. There were credible reports of disappearances, and the 
security forces continued to torture and otherwise abuse persons. 
Soldiers raped women. Despite some improvements, prison conditions 
remained life threatening. Arbitrary arrest and detention, and lengthy 
pretrial detention were problems, and there were reports of 
incommunicado detention. The court system suffers from a lengthy case 
backlog; however, the Government took steps to diminish the backlog. 
The dysfunctional justice system was unable to resolve pressing issues 
of detention and impunity because of its lack of independence, 
inefficiency, a lack of resources, systemic corruption, administrative 
disruption due to the war, and the partiality of Tutsi officials. 
Authorities infringed on citizens' privacy rights. The Government 
controlled the media and restricted freedom of speech and of the press. 
It restricted freedom of assembly and did not permit political 
demonstrations by government opponents. The Government restricted 
freedom of association and freedom of movement. Since 1993 the civil 
war has caused thousands of civilian deaths and mass internal 
population displacement. During the first half of the year, the army 
continued its forced regroupment policy, requiring an estimated 330,000 
persons (mostly Hutus) to live in forced regroupment camps to prevent 
rebel attacks on the nearby capital, Bujumbura; however, by August the 
Government had closed all regroupment camps. The armed forces sometimes 
limited access to certain areas by human rights observers, citing 
dangerous security conditions. Violence and discrimination against 
women continued. The Government was unable to protect the rights of 
children, and child prostitution is a problem. Discrimination against 
the disabled also is a problem. The indigenous Twa (Pygmy) people 
remain marginalized economically, socially, and politically. Incidents 
of ethnically motivated property destruction and killing occurred 
throughout the country. State discrimination against Hutus was 
widespread. Soldiers required persons who were regrouped forcibly, 
including children, who were mostly Hutus, to perform forced labor. 
Child labor was a problem.
    Hutu rebels also continued to commit numerous serious abuses 
against civilians, including killings, rapes, theft, and forced labor.

                        RESPECT FOR HUMAN RIGHTS

Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Political and Other Extrajudicial Killing.--Security forces 
committed numerous extrajudicial killings. On February 15, a police 
officer allegedly tortured to death a domestic servant who insulted the 
officer's wife (see Section 1.c.). The officer was arrested later that 
day, but released on March 15. The U.N. protested his release.
    On April 1, a soldier killed a local Bujumbura government official 
and four members of the official's family, allegedly in retaliation for 
four soldiers killed by rebels. The soldier was arrested for the 
murders and he remained in detention pending trial at year's end.
    In early May, members of the security forces tortured and 
decapitated a man who had thrown stones at them while they looted 
houses in the forced regroupment camp Kavumu, in Bujumbura Rural 
province (see Sections 1.c., 1.f., and 2.d.). The Government began an 
investigation into this incident, but did not complete it by year's 
end.
    On June 24-25, soldiers killed 69 persons in Taba commune, Gitega 
province, on the suspicion that the residents were cooperating with 
rebels.
    On July 22-23, soldiers killed 53 persons in Butaganzwa commune, 
Ruyigi province. Observers believe that the killings were in response 
to intense pressure from the Government to combat rebels and their 
supporters in the province.
    On August 19, in Nyambuye zone, Bujumbura Rural province, soldiers 
killed 35 civilians who had sought refuge in Bujumbura on August 17 
after 2 days of confrontations between the army and rebels. Apparently 
the civilians were trying to go home when they encountered the rebels 
on August 19. Soldiers shot the civilians as they fled, ostensibly 
having mistaken them for rebels.
    On October 3, soldiers shot and killed Antonio Bargiggia, a 
Catholic brother from Italy, who ran a hospital in Mutoyi (see Section 
2.c.). On October 19, two soldiers, including Napoleon Manirakiza, who 
was convicted of killing Bargiggia, were executed for murder without 
having had legal representation during their trial or a chance to 
appeal their convictions (see Section 1.e.). The other soldier, Rene 
Rukemanganisi, was convicted of killing Caritas Nahimana, the director 
of the Gitega medical school, and her two sons. These were the first 
executions since July 1999.
    Fighting between security forces and rebels resulted in a number of 
deaths. On February 14, there were reports that three rebel attacks on 
a regroupment camp in Kavumu commune, near Bujumbura, resulted in the 
deaths of at least six civilians (see Section 2.d.). It is unclear 
whether they were killed during fighting between security forces and 
rebels or as a result of security forces firing into the camp. On 
September 15, at least 11 persons reportedly were killed in Bujumbura's 
northern neighborhoods of Kamenge, Ngagara, and Gikizi, during fighting 
between security forces and rebels. It is unknown who initiated the 
fighting, although some reports place the blame on rebels. On November 
16, there were reports that several civilians were killed during 
fighting between security forces and rebels after security forces 
forced approximately 100 men to remove foliage from near the 
battleground (see Sections 1.c. and 6.c.).
    Unlike in the previous year, there were no reports that soldiers 
shot and killed some persons who tried to leave regroupment sites to 
which Hutus were relocated forcibly starting in September 1999 (see 
Sections 1.f. and 2.d.).
    Deaths in prisons continued due to disease and malnutrition (see 
Section 1.c.); however, the number of such deaths decreased during the 
year.
    Comprehensive and accurate information about landmines was hard to 
obtain; however, the armed forces apparently used landmines to prevent 
rebels from accessing government territory. There were reports that the 
security forces mined the border with Tanzania in order to prevent 
rebels from crossing the border. An international organization received 
reports of 9 antipersonnel landmine incidents in the first 7 months of 
the year, a decrease from the 47 incidents reported during the previous 
12 months. The decline in reported incidents may be due in part to 
self-imposed limitations on the movement of U.N. personnel during the 
year. Other sources reported that in midApril a landmine that exploded 
on a footpath on the northeastern edge of the capital killed two women 
and three children.
    There were no developments in the October 1999 case of the soldier 
who killed six persons at the Ruyaga regroupment site. The Government 
did not conclude its investigation into reports that government 
soldiers killed 50 persons in August 1999, in Kanyosha on the outskirts 
of Bujumbura, or its investigation into reports that in December 1999 
soldiers shot and killed an unarmed FRODEBU Hutu parliamentarian. By 
year's end, the Government had not released the findings of an 
investigation into a January 1999 case in which soldiers killed more 
than 55 civilians in Mubone, Kabezi commune, Bujumbura Rural province, 
nor was any action taken against those responsible. There was no 
investigation nor action taken in a May 1999 case in which soldiers 
killed 11 Hutu civilians, including women and children, most of whom 
lived in the household of a man suspected of participating in the 1993 
killing of Tutsis. There was no investigation nor action taken in a 
July 1999 case in which soldiers killed 30 civilians in Kanyosha 
commune, Bujumbura Rural province.
    In September the U.N. formally protested the release of a 
lieutenant accused in the November 1998 killing of up to 200 persons in 
Mutambu commune, Bujumbura Rural province.
    In May 1999, the media reported a judgment in the trial of the 1993 
assassination of President Melchior Ndadaye. The Supreme Court 
sentenced 5 members of the army to death and 23 others to prison. 
Another 38 persons were acquitted, 10 cases were sent back to the court 
for further review, and 5 cases were dropped because the suspects had 
died. No high-ranking army officers were convicted, although charges 
originally were brought against many past and present senior army 
members. The new Attorney General, who is a Hutu, announced in June 
1999 that the case would be reopened; new trials are scheduled for 
January 2001.
    There was no investigation nor action taken in a January 1999 case 
in which 178 civilians were killed either by rebels or because they 
were caught in a crossfire between rebels and the army.
    Media and NGO reports indicate that about 200,000 persons, mostly 
civilians, have been killed in ethnic violence between October 1993 and 
the end of the year; however, the source of this figure is unclear. No 
credible countrywide casualty figures were available. The Government 
and security forces frequently have prevented journalists and human 
rights observers from going to areas where casualties occurred, making 
it difficult to gather information about the perpetrators and the 
victims. Much of the extrajudicial killing and property destruction 
during the year was concentrated in the province around the capital and 
in the southern and eastern provinces of Bururi, Makamba, Rutana, and 
Ruyigi.
    There were urban bombings during the year. For example, on August 
23, at least two persons were killed and several others were injured 
when a hand grenade exploded in the Buyenzi market, a suburb of 
Bujumbura. No suspect had been identified by year's end; however, in 
August the twin brother of a labor organizer was arrested for 
involvement in the attack (see Sections 1.d. and 6.a.).
    In October there were reports that unidentified attackers killed an 
Italian nun in Gitega (see Section 2.c.). No suspect had been 
identified by year's end.
    Rebels killed persons near regroupment camps, sometimes during 
battles with government troops. Hutu rebels also killed Hutu and Tutsi 
civilians; Hutu rebels sometimes deliberately targeted and killed 
Tutsis. There are no definitive statistics available on how many 
persons were killed by Hutu rebels; the Government stated that rebels 
were responsible for the majority of civilian casualties. Rebels 
reportedly often kill persons for suspected collaboration with the 
regime and for their refusal to pay ``taxes'' to rebels. There were 
numerous reports throughout the year that Hutu rebels ambushed 
minibuses carrying persons on national highways, and robbed and killed 
the occupants. U.N. security forces reported 146 ambushes in the first 
7 months of the year; however, this figure probably does not represent 
all incidents.
    On March 5, rebels killed six persons in an ambush in the southern 
province of Makamba, on National Highway 3 between Mabanda and Nyanza 
Lac communes. On March 25, rebels killed seven Tutsi women and children 
in Bukeye commune, Muramvya province. Over the weekend of April 22 to 
23, rebels reportedly killed 3 persons in Bubanza province, 7 persons 
on National Route 1 in Bujumbura Rural province, and 16 persons in a 
camp for internally displaced Tutsis in Makamba province (see Section 
2.d.).
    On December 24 and 25, there were reports that hundreds of 
suspected rebels attacked the town of Bukemba, Rutana province, killed 
15 civilians, and injured 6 persons.
    On December 28, rebels shot and killed 20 persons and injured 20 
others on a road north of Bujumbura when they ambushed a civilian bus 
traveling from Kigali, Rwanda, to Bujumbura. By year's end, no one had 
claimed responsibility for the attack, nor had any perpetrator been 
identified.
    There were unconfirmed reports that rebels took landmines planted 
by government forces and later used them against the army.
    Government authorities blamed rebels for the October 1999 killings 
of two U.N. foreign staff members and seven others in Rutana province, 
and stated that the rebels had fled to Tanzania after the attack. No 
arrests were made in the case. Rebels accused the armed forces of 
committing the killings.
    b. Disappearance.--Human rights groups reported that abductions and 
disappearances occurred during the year, but no credible overall 
figures were available. There were no developments in the disappearance 
of three men in September 1999. Rebels were responsible for many of the 
disappearances, although credible reports suggest that such abductions 
were infrequent; rebels kidnaped and raped women (see Section 1.c.).
    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Transitional Constitution Act prohibits these abuses; 
however, members of the security forces continued to torture and 
otherwise abuse persons. On February 15, a police officer allegedly 
tortured to death a domestic servant who insulted the officer's wife 
(see Section 1.a.). The officer was arrested later that day, but 
released on March 15. The U.N. protested his release. On February 26, 
police officers reportedly beat several persons while forcibly 
dispersing a demonstration against the peace talks; a number of persons 
were arrested (see Sections 1.d. and 2.d.). In early May, members of 
the security forces tortured and decapitated a man who threw stones at 
them because they were looting houses in the forced regroupment camp 
Kavumu, in Bujumbura Rural province (see Sections 1.f. and 2.d.). On 
November 16, there were reports that several civilians were injured 
during fighting between security forces and rebels after security 
forces forced approximately 100 men to remove foliage near the 
battleground (see Sections 1.a. and 6.c.). According to press reports, 
in December six university students were injured when security forces 
used tear gas to forcibly disperse a group of students demonstrating 
against exam schedules (see Sections 2.a. and 2.b.). Government 
soldiers raped women in regroupment camps (see Sections 1.f. and 2.d.). 
There were no known prosecutions of members of the security forces for 
these abuses.
    Government troops used excessive force in areas where there were 
civilians and often fired on Hutu civilians, stating that it was 
difficult to distinguish them from rebels.
    Landmine explosions resulted in some casualties (see Section 1.a.). 
For example, the domestic human rights organization, Iteka, reported 
that four persons from a forced regroupment camp in Bujumbura Rural 
province surrounding the capital were injured in a landmine explosion 
while working in their fields during the year (see Section 2.d.). It is 
unknown if the landmine was laid by government forces or by rebels.
    There also were reports that soldiers used children for forced 
labor (see Sections 5, 6.c., and 6.d.).
    At the end of the year, signs emerged of renewed government support 
for policing of the capital and countryside by armed civilians, which 
raised fears of the return of the militias created in 1995 to 
destabilize the then Hutu-led government. There have been unconfirmed 
reports that the Government armed civilians in Ruyigi, Rutana, and 
Bururi provinces.
    Rebels killed, beat, and stole from civilians, and kidnaped and 
raped women (see Sections 1.a., 1.b., and 5). Rebels used civilians, 
including children, for forced labor (see Sections 5, 6.c., and 6.d.). 
On December 24 and 25, hundreds of rebels attacked the town of Bukemba, 
Rutana province, injured 6 persons and killed approximately 15 others 
(see Section 1.a.). On December 28, rebels injured 20 persons, and 
killed 20 persons, when they ambushed a civilian bus traveling from 
Kigali, Rwanda, to Bujumbura (see Section 1.a.).
    Prison conditions remained life threatening. Conditions in state-
run prisons improved, largely due to efforts by the International 
Committee of the Red Cross (ICRC) to improve sanitation, hygiene, 
medical care, food, and water. However, severe overcrowding continued, 
prisoners still relied on family members to provide an adequate diet, 
and according to government officials, prisoners suffered from 
digestive illnesses, dysentery, and malaria. Harsh prison conditions 
contributed to the deaths of prisoners from disease and malnutrition. 
Approximately 10,000 inmates were housed in facilities built to 
accommodate a maximum of 3,650 persons, according to Iteka. With the 
return of the ICRC, the death rate in the prisons containing 80 percent 
of all inmates dropped from 2.3 deaths per 10,000 per day to 0.4 deaths 
per 10,000.
    International and local human rights monitors were permitted to 
visit prisons and speak with inmates (see Section 4).
    d. Arbitrary Arrest, Detention, or Exile.--On January 1, a new 
criminal code that prohibits arbitrary arrest, detention, and exile 
took effect; however, the code was not respected and security forces 
arbitrarily arrested and detained persons. Limits on the length of 
pretrial detention were not respected. The law requires arrest 
warrants, and presiding magistrates are authorized to issue arrest 
warrants. Police and gendarmes can make arrests without a warrant, but 
are required to submit a written report to a magistrate within 48 
hours. The law requires that suspects appear in court within 7 days. A 
magistrate can order the release of suspects or confirm charges and 
continue detention, initially for 15 days, then subsequently for 
periods of 30 days, as necessary to prepare the case for trial. The 
police are required to follow the same procedures as magistrates; 
however, the police have detained suspects for extended periods without 
announcing charges, certifying the cases, or forwarding them to the 
Ministry of Justice as required. Bail was permitted in some cases. 
Human rights organizations reported that incommunicado detention 
exists, although law prohibits it.
    There were numerous instances of arbitrary arrest. In March police 
arrested 20 teenage girls at a club for prostitution (see Sections 5 
and 6.d.). In May security forces arrested seven residents of the 
Kavumu regroupment camp in Bujumbura Rural province while conducting a 
search of residences (see Sections 1.f. and 2.d.); one of the seven 
later was found decapitated (see Section 1.a.). In August police 
arrested the twin brother of a labor organizer who called for a general 
strike and accused the twin brother of involvement in a grenade attack 
on the Buyenzi market (see Sections 1.c. and 6.a.)
    There were numerous instances of the arbitrary arrest of persons 
demonstrating against the peace process (see Section 2.b.). On February 
7, authorities in Bujumbura arrested and detained for 1 week at least 
eight persons who were demonstrating against the Arusha peace talks 
(see Section 2.b.). On February 26, police arrested and detained for 1 
week 11 participants during another demonstration against the peace 
talks (see Section 2.b.). On March 25 security forces dispersed, 
arrested, and detained briefly several persons demonstrating against 
the peace process (see Section 2.b.). On April 19, authorities 
reportedly arrested and fined 15 persons also protesting the peace 
process. On August 18, authorities arrested and detained several 
protesters during a rally against the peace process, including the 
president of a labor union (see Sections 2.b. and 6.a.). On August 20, 
police arrested Diomede Rutamucero, president of a self-described 
mainly Tutsi self-defense group PA-Amasekanya, for holding a non-
violent demonstration against aspects of the peace process on August 19 
(see Section 2.b.). Rutamucero was detained for longer than a week 
before he appeared before a judge and was fined.
    The disruption of the political process and the generally poor 
security conditions severely impeded the judicial process.
    The ICRC estimates that the prison population is approximately 
8,700 persons and that 70 percent of those are pretrial detainees. 
According to the local human rights organization, Iteka, an estimated 
3,255 pretrial detainees constituted 54 percent of the total prison 
population at year's end, down from 78 percent the previous year. The 
decline was due to government efforts to release prisoners while 
pending trial, to the release of prisoners charged with minor crimes, 
or those released because there was not enough evidence to support an 
indictment. By year's end, the Government had released approximately 
1,000 prisoners without files.
    The Government does not used forced exile as a means of political 
control; however, many persons remained in voluntary exile in Belgium, 
Kenya, Tanzania, the Democratic Republic of the Congo (DRC), and 
elsewhere. Some senior authorities maintain members of their families 
outside the country. A number of officials of the Government of deposed 
president Sylvestre Ntibantunganya, who fled the country in 1996, have 
not yet returned.
    e. Denial of Fair Public Trial.--The Transitional Constitutional 
Act provides for an independent judiciary; however, in practice the 
judiciary is not independent of the executive and is dominated by 
ethnic Tutsis. Reform of the judicial system is a priority of the peace 
accord, which has not yet been implemented. An international human 
rights organization estimated that ethnic Hutus account for only 10 
percent of the country's lawyers and 5 percent of High Court judges; in 
lower courts, 10 percent of the judges are Hutu, although Hutus 
constitute an estimated 85 percent of the population. This discrepancy 
is due in part to unequal access to education, and in part to the 
conflict in which a number of Hutu judges and lawyers were killed or 
fled the country. Most citizens assume that the courts promote the 
interests of the dominant Tutsi minority; members of the Hutu majority 
believe that the judicial system is biased against them.
    The judicial system is divided into civil and criminal courts with 
the Supreme Court at the apex. The armed forces have a separate 
judicial system, and there is a labor court.
    Citizens generally did not have regular access to civilian and 
military court proceedings. Defendants in theory are presumed innocent 
and have the right to appeal; however, in practice some lawyers say 
that the structure of the court system inappropriately limits the 
possibility of appeals for defendants accused of the most serious 
crimes. While defendants have a right to counsel and to defend 
themselves, in practice few have legal representation. The civil court 
system functions, but the lack of a well-trained and adequately funded 
judiciary constrains expeditious proceedings. Many citizens have lost 
confidence in the system's ability to provide even basic protection. 
The majority of persons arrested on criminal charges since October 1993 
remain in pretrial custody.
    On January 1, a new criminal code took effect that provides for 
suspects' rights to a lawyer before official charges are filed and 
during pretrial investigations; however, not all aspects of the new 
code were respected, particularly the section that requires that 
detainees be charged and appear in court within 7 days of their arrest. 
Authorities sometimes are unable to carry out their investigations or 
transport suspects and witnesses to the appropriate court due to 
resource constraints and poor security conditions.
    On October 19, two soldiers, including one convicted of killing 
Antonio Bargiggia, were executed for murder without having had legal 
representation during their trial or the chance to appeal their 
convictions (see Section 1.a.). These were the first executions since 
July 1999. According to the law, the prisoners had a right to appeal to 
the military's court of appeal, then to the Supreme Court, and then to 
the President for clemency; however, this process did not occur.
    The Government holds political prisoners. An international 
organization estimated that up to 2,000 of all convicted inmates were 
being held for political crimes; however, no reliable figures are 
available. Charges against defendants convicted for nonpolitical crimes 
sometimes are politically motivated. The peace agreement, which has not 
been implemented, calls for the creation, within 30 days of the 
installation of the transitional government, of a commission to 
investigate and make recommendations on the existence and release of 
any political prisoners.
    According to the ICRC, an agreement is in place between the ICRC 
and the Ministries of Justice and Defense regarding access to prisoners 
and detained persons, including persons detained for ``reasons relating 
to the conflict.'' The Ministries cooperate with the ICRC; however, the 
ICRC did not have a formal agreement with the Ministry of the Interior 
at year's end.
    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The Transitional Constitutional Act provides for the 
right to privacy; however, the authorities do not respect the law 
requiring search warrants. Security forces widely are believed to 
monitor telephones regularly.
    In 1999 the Government forcibly relocated approximately 330,000 
mainly Hutu inhabitants of Bujumbura Rural province in regroupment 
camps where security forces could more readily monitor and control 
their movements (see Section 2.d.). The sites were opened in September 
1999, and had inadequate sanitation and insufficient access to water, 
food, shelter, and medicine. The Government's stated rationale for 
these forced relocations was to protect the regrouped population from 
rebel attacks. In May security forces conducted a search of residences 
at the Kavumu regroupment camp in Bujumbura Rural. Residents protested 
that soldiers stole their belongings and some of the residents threw 
rocks at the soldiers. Seven residents were arrested (see Section 
1.d.); one of the seven later was found decapitated (see Section 1.a.). 
A National Assembly committee on human rights launched an investigation 
in May; however, no findings were made public by year's end. All of the 
regroupment sites were closed by August. Many of the residents of the 
regroupment camps returned home to find their fields ravaged, their 
homes looted or destroyed, and their livestock gone. Observers believe 
that members of both the military and the rebels were responsible for 
the damage.
    International humanitarian aid agencies could not reach some of the 
Government's forced regroupment camps in remote sections of Bujumbura 
Rural province due to lack of infrastructure or because they were 
prevented from doing so by security forces (see Sections 2.d. and 4). 
These camps, composed of mainly Hutu residents, reportedly had 
insufficient water, food, sanitation, medicine, and shelter.

Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Transitional Constitutional 
Act does not impose restrictions on the media; however, the Government 
restricts freedom of speech and of the press. A press law requires that 
newspaper articles undergo review by a government censor 4 days before 
publication, and the Government controls the media and harasses and 
detains journalists.
    The regime controlled much of the news, since it owns the only 
regularly published newspaper and the major radio and television 
stations. The government-owned Le Renouveau was published 3 times a 
week. Other newspapers, including at least one opposition newspaper, 
appeared irregularly. Political tracts circulated, and two private 
faxed newsheets were published almost daily. These represented mainly 
Tutsi political viewpoints. The National Communications Council 
prevented the publication of one edition of the FRODEBU opposition 
political party's newspaper, La Lumiere, in July (see Section 3). 
Journalists practice self-censorship.
    The Government and its security forces harass journalists, 
questioning or detaining them or having their property searched and 
seized. In September the editor and a journalist of a private faxed 
newsheet were detained for 1 week and interrogated about their sources 
in a criminal investigation against the twin brother of a labor leader 
(see Sections 1.d. and 6.b.).
    The government-owned radio broadcasts in the Kirundi language, 
French, and Swahili, and offers limited English programming. The 
private radio station, Umwizero, is financed by international donors 
and broadcasts in French and Kirundi. Listeners also can receive 
transmissions of the British Broadcasting Corporation (BBC), the Voice 
of America, and Radio France Internationale. On March 21, the National 
Communications Council and the BBC signed an agreement allowing the BBC 
to begin broadcasting from within the country; the BBC began 
broadcasting later in the spring.
    No laws or regulations limit academic freedom, and no persons at 
the University of Burundi were persecuted for what they published or 
said. However, the population at the state university remains primarily 
ethnic Tutsi. Tensions have flared occasionally between Hutu and Tutsi 
students on campus, where politically and ethnically motivated killings 
occurred in 1995 and 1996. According to press reports, in December 
security forces forcibly dispersed university students demonstrating 
against exam schedules, which resulted in several injuries (see 
Sections 1.c. and 2.b.). In December 1999, the staff of the University 
of Burundi held a series of strikes, which ended in the spring (see 
Section 6.a.).
    b. Freedom of Peaceful Assembly and Association.--The Government 
restricts freedom of assembly. It banned several meetings by mainly 
Tutsi groups critical of government policy and the peace process (see 
Section 3). On June 24, police prevented a meeting organized by the 
Tutsi group, PA-Amasekanya, by locking the doors of the assembly hall.
    The Transitional Constitutional Act permits political 
demonstrations, but in practice the Government has allowed none. During 
the year, police arrested protesters taking part in a series of non-
violent protests against the peace process. On February 7, authorities 
in Bujumbura arrested at least eight persons who were demonstrating 
against the Arusha peace talks (see Section 1.d.). On February 26, 
police forcibly dispersed 1,000 unauthorized persons demonstrating 
against the peace talks; 11 persons were arrested (see Section 1.d.). 
There were reports that police beat some of the protesters (see Section 
1.c.). On February 27, police and gendarmes prohibited members of 
organized clubs from going on weekly runs or runs with members of clubs 
in which political ideas are discussed. On March 25 and April 19, 
security forces dispersed and arrested several persons demonstrating 
against the peace process (see Section 1.d.). On August 18 and 19, 
protesters demonstrated against the peace process. On August 18, 
protesters attempted to implement a ``ville morte'' or dead city strike 
by shutting down road traffic on one of the national routes; university 
students then threw rocks and tree limbs onto the street near the 
university campus; however, security forces intervened and reopened the 
road. On August 19, police dispersed approximately 100 persons marching 
in Bujumbura to protest the peace talks and on August 20, arrested 
Diomede Rutamucero, president of PAAmasekanya, which organized the 
march (see Section 1.d.). Authorities arrested and detained several 
protesters during the August 18 rally (see Section 1.d.), including 
PierreClaver Hajayandi, President of the Confederation of Burundi 
Unions (COSYBU), which organized the rally (see Section 6.a.). 
According to press reports, in December security forces used tear gas 
to forcibly disperse university students demonstrating against exam 
schedules, which resulted in injuries (see Sections 1.c. and 2.a.).
    The Government restricts freedom of association and has arrested 
members of organizations and political parties. The Transitional 
Constitutional Act permits political parties to operate; however, the 
regime places restrictions on groups critical of its policies.
    c. Freedom of Religion.--The Transitional Constitutional Act 
provides for freedom of religion, and the Government generally respects 
this right in practice.
    The Government requires religious groups to register with the 
Ministry of Internal Affairs, which keeps track of their leadership and 
activities. The Government requires that religious groups have a 
headquarters in the country. Once registered, religious organizations 
enjoy taxfree status, and clergy theoretically do not have to pay duty 
on purchased goods. However, one religious group reported that it was 
required to pay duty on all imported goods, except books and other 
publications.
    On October 3, soldiers shot and killed Antonio Bargiggia, a 
Catholic brother from Italy, who ran a hospital in Mutoyi (see Section 
1.a.). In October there were reports that unidentified attackers killed 
an Italian nun in Gitega (see Section 1.a.).
    d. Freedom of Movement Within the Country, Foreign Travel, 
Immigration, and Repatriation.--The Transitional Constitutional Act 
provides for these rights; however, the Government restricts these 
rights in practice. There was a government-imposed curfew in parts of 
the country; in Bujumbura the curfew begins at 11 p.m. and ends at 5 
a.m. During the first half of the year, the Government continued its 
forced regroupment policy that required approximately 330,000 Hutus 
from Bujumbura Rural province to live in governmentcontrolled camps 
(see Sections 1.a. and 1.f.). Residents of parts of Bujumbura Rural 
more heavily populated by Tutsis were not subject to relocation. The 
relocated population at times lacked access to food, safe drinking 
water, shelter, basic sanitation, and health care. Some regroupment 
camps were difficult to access (see Sections 1.f. and 4). Authorities 
stated that they were relocating the population to protect it from 
rebels, but the displacements also were used to separate rebels from 
the relocated population and to impede civilian assistance to rebels. 
Inhabitants of these sites raised some of their own food with the 
permission of the armed forces; however, residents were not given full 
access to their fields. Unlike in the previous year, there were no 
reports that persons who tried to leave the sites were shot by 
soldiers.
    On February 14, there were reports that three rebel attacks on a 
regroupment camp in Kavumu commune, near Bujumbura, resulted in the 
deaths of at least six civilians (see Section 1.a.).
    In early May, members of the security forces tortured and 
decapitated a man who had thrown stones at them while they looted 
houses in the forced regroupment camp Kavumu, in Bujumbura Rural 
province (see Sections 1.a. and 1.f.).
    According to the U.N., there were 324,100 internally displaced 
persons (IDP's) living in 212 sites at year's end, which represents 
about 5 percent of the total population. Many were Tutsis who fled to 
other parts of the country starting in 1993 because of ethnic violence 
and never returned home. Soldiers did not restrict the movement of 
residents of IDP camps. Soldiers guarding these camps provide a measure 
of protection to camp inhabitants; however, they sometimes committed 
human rights abuses against them (see Sections 1.c. and 6.c.). Camp 
inhabitants often were required to perform labor for the soldiers 
without compensation (see Section 6.c.).
    Persons who remain outside the sites reportedly were killed by Hutu 
rebels for allegedly collaborating with authorities and by the armed 
forces on suspicion of collaborating with the rebels (see Section 
1.a.). Over the weekend of April 22 to 23, rebels reportedly killed 16 
persons in a camp for internally displaced Tutsis in Makamba province 
(see Section 1.a.).
    Unlike in the previous year, there were no reports that the 
authorities restricted foreign travel for political reasons. The 
majority of citizens could travel legally in and out of the country. 
Travel within the country was possible but could be hazardous in areas 
of rebel activity, particularly in parts of Bujumbura Rural, Bururi, 
Rutana, Ruyigi, and Makamba provinces.
    Real and claimed insecurity in rural areas was cited by the 
Government in denying access to some areas of the country to human 
rights observers (see Section 4).
    The law does not provide for the granting of refugee or asylee 
status in accordance with the provisions of the 1951 U.N. Convention on 
the Status of Refugees and its 1967 Protocol; however, there is a 
special ad hoc administrative body in the Government that coordinates 
refugees, and the Government cooperates with the U.N. High Commissioner 
for Refugees (UNHCR). The Government has granted first asylum in recent 
years. Approximately 23,600 citizens of the DRC live in Burundi, many 
of whom claim asylum. Of these, about 1,400 are ethnic Tutsi known as 
Banyamulenge. Rwandan refugees who fled the 1994 ethnic massacres in 
Rwanda departed the country by 1997. Another 200,000 Rwandans who came 
in earlier waves of refugees, some as early as 1959, are not registered 
officially with the UNHCR and are integrated into Burundian society.
    The UNHCR reported that as of the end of September, about 10,000 
Burundian refugees had returned during the year from Rwanda, Tanzania, 
the DRC, and other countries. During the same period, an estimated 
47,528 persons fled to Tanzania, according to the UNHCR. Approximately 
563,700 refugees, most of them Hutu, remained in Tanzania. About 200,00 
of these persons fled as early as 1972, and many fled following the 
assassination of former president Ndadaye in October 1993. Another 
23,408 refugees, most of them Hutu, are in Angola, Cameroon, the DRC, 
the Republic of the Congo, Kenya, Malawi, Rwanda, and Zambia.
    There were unconfirmed reports that the Government had hired 
mercenaries to invade refugee camps in Tanzania; however, the 
Government strongly denied these reports.
    There were no reports of the forced return of persons to a country 
where they feared persecution.

Section 3. Respect for Political Rights: The Right of Citizens to 
        Change their Government
    Citizens do not have the right to change their government. The 
Transitional Constitutional Act makes no provision for elections. The 
1992 Constitution and 1994 Convention of Government were suspended by 
the Buyoya military regime that assumed power on July 25, 1996, in a 
bloodless coup. On that date, the regime dissolved the National 
Assembly and banned political parties. About 3 weeks later, Buyoya 
announced the restoration of the National Assembly and political 
parties with certain restrictions. The opposition party, FRODEBU, which 
is mostly ethnic Hutu, holds just over half of the National Assembly 
seats.
    In April 1998, multiparty peace talks began in Arusha, Tanzania, 
and the Government subsequently launched an internal peace process. On 
June 4, 1998, Buyoya's regime and the National Assembly entered into a 
partnership agreement. The National Assembly adopted the Transitional 
Constitutional Act and a Transitional Political Platform. The act 
changed the structure of government by eliminating the post of prime 
minister, creating two vice presidents, removing the National Assembly 
Speaker from the line of presidential succession, and enlarging the 
National Assembly. The act placed no time limits on the President's or 
the National Assembly's term of office. On August 28, the Buyoya regime 
and other groups present at the peace talks signed a peace agreement, 
which was ratified by the National Assembly on November 30. The August 
28 peace agreement instructs the country's next transitional government 
to hold local, national, and presidential elections within a 3-year 
period, and to oversee elections for a newly formed Senate; however, 
this agreement was not implemented by year's end. Representation of 
both Hutus and Tutsis in institutions, including the army, the National 
Assembly, and a proposed Senate, is a key component of the agreement.
    The Transitional Political Platform endorses in general terms the 
restoration of democracy and correction of the ethnic imbalance within 
the army and the judicial system. It calls for the creation of an 
international tribunal to try crimes of genocide. Although the peace 
accord also provides for such a tribunal as well as a National Truth 
and Reconciliation Commission to investigate other crimes, the 
agreement had not been implemented and no tribunal had been created by 
year's end.
    On June 12, 1998, a new Government was announced in which the First 
Vice President and 10 of the 22 cabinet ministers are members of 
FRODEBU. The Cabinet includes 12 Hutus, including the Minister of 
External Relations. Progovernment ethnic Tutsi members hold the key 
Ministries of Defense, Interior, Justice, and Finance.
    Under the 1992 Constitution, deposed President Ntibantunganya would 
have remained in office until 1998. The last elections to fill the 
Assembly took place in June 1993. The Transitional Constitutional Act 
stipulates that the National Assembly shall consist of 121 
parliamentarians: Those elected in 1993 who sat in the previous 
National Assembly, plus 40 new members28 members of civil society 
appointed by the President and one representative each (selected by 
their respective parties) from all 12 officially recognized political 
parties not previously represented. Not all of those elected in 1993 
are alive or in the country, and the vacant seats were filled by 
substitutes from the same political party as the original 
parliamentarian. Tutsi supporters of the Government filled 22 of the 40 
new seats.
    Political parties operate under significant constraints. The 
National Communications Council prevented the publication of one 
edition of the FRODEBU opposition political party's newspaper, La 
Lumiere, in July (see Section 2.a.). The Government banned several 
meetings by mainly Tutsi groups critical of government policy and the 
peace process. On June 24, police prevented a meeting organized by the 
Tutsi group, PA-Amasekanya, by locking the doors of the assembly hall 
(see Section 2.b.).
    Police often disrupted political demonstrations and beat and 
arrested demonstrators (see Sections 1.c., 1.d., and 2.b.).
    The National Assembly has nominal budgetary oversight, but the 
Council of Ministers legally can enact a budget if the National 
Assembly fails to do so. The Transitional Constitutional Act gives the 
President the authority to declare a state of emergency by decree after 
consulting with the National Assembly Speaker, the Constitutional 
Court, and the National Security Council, which has not been convened 
since 1996.
    No legal restrictions hinder the participation of women; however, 
women are underrepresented in government and politics. Of the 22 
cabinet seats, 1 is filled by a woman, who serves as the Minister of 
Women, Welfare, and Social Affairs. In 1993 women were elected to 9 of 
81 seats in the National Assembly. The expansion of the National 
Assembly and the filling of vacant seats have brought the total number 
of female parliamentarians to 17. Two of the nine members of the 
Supreme Court are women, as are three of the seven Constitutional Court 
members, including its president.
    No legal restrictions hinder the participation of indigenous 
people; however, the ethnic Twa (Pygmies) are underrepresented in 
government and politics. About 1 percent of the population is Twa, but 
there are no Twa in the Cabinet. One Twa is an appointed member of the 
National Assembly (see Section 5). Under the peace accord, up to three 
Twa could be appointed to sit in the Senate.

Section 4. Governmental Attitude regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    Domestic human rights groups received varying degrees of 
cooperation from government ministries. The local human rights group, 
Iteka, continued to operate and publish a newsletter. Human Rights 
Watch maintained an office in the country. Amnesty International 
representatives visited the country several times during the year, and 
the U.N. Special Rapporteur for Human Rights visited once during the 
year. The office of the UNHCR maintained a three-person observer team, 
down from nine observers in 1999. The observer reductions resulted from 
security restrictions following an October 1999 attack on a U.N. 
humanitarian mission.
    Real and claimed insecurity in rural areas was cited by the 
Government in denying access to journalists, international relief 
workers, and human rights observers to some areas of the country, 
including to regroupment camps (see Sections 1.f. and 2.d.). Army 
elements in the field frequently denied access to human rights 
observers where the army was accused of human rights violations. Human 
rights NGO's frequently were unable to investigate reports of killings 
due to these restrictions. In the spring, the U.N. resumed normal field 
operations in much of the country following the deaths of two workers 
in 1999 (see Section 1.a.); however, many areas of the country, 
particularly near Bujumbura, near the border with the DRC, and near the 
border with Tanzania, remain off limits for normal operations.
    On May 21 and 22, rebels attacked the city of Makamba; no injuries 
were reported. There were reports that the target of the attack was 
Doctors Without Borders, an international NGO.
    On November 25, on the road between Bujumbura and Gitega, a group 
of men, some allegedly dressed in military uniform, robbed at gunpoint 
a truck belonging to World Vision, an international NGO.

Section 5. Discrimination Based on Sex, Religion, Disability, Language, 
        or Social Status
    The Transitional Constitutional Act provides equal status and 
protection for all citizens, without distinction based on sex, origin, 
ethnicity, religion, or opinion; however, the Government failed to 
implement effectively the act's provisions and discrimination persists. 
Hutus continued to perceive, correctly, that the Tutsi-dominated 
Government and army discriminate against them. The question of 
exclusion was a central question during the peace talks.
    Women.--Violence against women occurred, but its extent is 
undocumented. Wives have the right to charge their husbands with 
physical abuse, but they rarely do so. Police normally do not intervene 
in domestic disputes, and the media rarely report incidents of violence 
against women. No known court cases dealt with the abuse of women.
    Women face legal and societal discrimination. Explicitly 
discriminatory inheritance laws and credit practices continued. By law 
women must receive the same pay as men for the same work, but in 
practice they do not. Women are far less likely to hold mid-level or 
high-level positions. In rural areas, women traditionally perform hard 
farm work, marry and have children at an early age, and have fewer 
opportunities for education than men.
    Rebels kidnaped and raped women, although credible reports suggest 
that such incidents were infrequent (see Sections 1.b. and 1.c.).
    Children.--The law provides for children's health and welfare, but 
the Government cannot adequately satisfy the needs of children and, in 
particular, of the large population of orphans resulting from the 
violence since 1993 and HIV/AIDS. Many of the victims in the civil war 
are children, and many children have lost family members and witnessed 
violence.
    More than a quarter of the primary schools have been destroyed in 
the war, and many teachers have been killed. Teacher training has been 
interrupted, and it is difficult to find qualified teachers to work in 
the provinces most affected by fighting. The Government provides 
elementary education at nominal cost through grade six; however, 
inequitable distribution of educational resources favors those children 
in southern and central areas of the country, according to 
International Alert, an international NGO. The Government estimates 
that approximately 45 percent of children are enrolled in primary 
school and approximately 44 percent of children are enrolled in 
secondary school.
    Teenage prostitution is a problem (see Section 6.d.). During the 
year, the Government began a campaign to curb underage prostitution in 
Bujumbura. In March police arrested, detained for several days, and 
fined 20 teenage girls at a club for prostitution.
    There were reports that soldiers used children for forced labor 
(see Section 6.c.).
    People with Disabilities.--The Government has not enacted 
legislation or otherwise mandated access to buildings or government 
services for persons with disabilities. Discrimination against the 
disabled is a problem. There are few job opportunities for the 
physically disabled in the country, where most jobs involve significant 
manual labor.
    Indigenous People.--The Twa (Pygmies), who are believed to be the 
country's earliest inhabitants, now make up about 1 percent of the 
population, and generally remain marginalized economically, socially, 
and politically. Most Twa live in isolation, without formal education, 
and without access to government services, including health care.
    National/Racial/Ethnic Minorities.--The principal national problems 
continued to be ethnic conflict between the majority Hutus and the 
minority Tutsis, and regional inequities between southern Bururi 
province and much of the rest of the country. Almost 4 decades of 
violence and systematic discrimination have exacerbated the genocide 
and exclusion fears of both Tutsis and Hutus. Tutsis claim to have been 
the targets of genocide carried out in 1993 by Hutus angered by the 
assassination of democratically elected Hutu president Ndadaye. The 
Tutsis, particularly southern Tutsis, historically have held power, and 
they dominate educated society and control the security forces. In 1996 
Major Pierre Buyoya, a southern Tutsi, deposed President 
Ntibantunganya, a central Hutu, in a coup.
    The Transitional Constitutional Act provides equal status and 
protection for all citizens, without distinction based on sex, origin, 
ethnicity, religion, or opinion; however, the Government failed to 
implement effectively the act's provisions. The Tutsi-dominated 
Government and army discriminate against Hutus. Northern and eastern 
Tutsis also have a more difficult time acceding to positions of power. 
State discrimination against Hutus, who constitute an estimated 85 
percent of the population, affects every facet of society, but most 
strikingly higher education and certain branches of the Government such 
as the armed services and the judicial system. The President and the 
Tutsi-dominated army retain their dominance in decision-making and do 
not share power equally with Hutu members of the Government.

Section 6. Worker Rights
    a. The Right of Association.--The Labor Code protects the rights of 
workers to form unions; however, the army, gendarmerie, and foreigners 
working in the public sector are prohibited from union participation. 
Most union workers are urban civil servants.
    According to the Confederation of Free Unions of Burundi (CSB), an 
umbrella trade union, 60 percent of the 80,000 formal private sector 
employees are unionized. All employees in the public sector, except 
those prohibited by law, are unionized.
    Since gaining independence from the Government in 1992, the CSB has 
been dependent financially on a system of checkoffs, or voluntary 
contributions, as are local unions. In 1995 a rival trade union, the 
Confederation of Burundi Unions (COSYBU), was founded. Both COSYBU and 
the CSB represented labor in collective bargaining negotiations in 
cooperation with individual labor unions during the year.
    Tutsis dominate the formal sector of the economy and the unions.
    The Labor Code permits the formation of additional unions or 
confederations outside the CSB. When settling disputes in which more 
than one labor union is represented, the law stipulates that the 
Minister of Labor must choose the union representing the greatest 
number of workers to participate in the negotiations.
    The Labor Code provides workers with a restricted right to strike. 
The restrictions on the right to strike and to lock out include: All 
other peaceful means of resolution must be exhausted prior to the 
strike action; negotiations must continue during the action, mediated 
by a mutually agreed upon party or by the Government; and 6 days' 
notice must be given. The law prohibits retribution against workers 
participating in a legal strike; however, this provision was not 
respected.
    In December 1999, the staff of the University of Burundi held a 
series of strikes, which ended in the spring (see Section 2.a.). In 
January civil servants held several strikes to protest price and tax 
hikes; however, the strikes were not observed widely due to government 
intimidation. All striking employees returned to work on January 19. 
The Government initially had agreed to negotiate with COSYBU, but later 
refused. The vice president of the union was arrested twice, but 
released.
    On August 18, authorities arrested and detained several protesters 
during a rally against the peace process (see Sections 1.d. and 2.b.), 
including Pierre-Claver Hajayandi, President of the COSYBU, which 
organized the rally. In September police arrested a labor organizer who 
called for a general strike against government policies. The 
organizer's twin brother, whom they accused of involvement in a grenade 
attack on a popular market (see Section 1.c.), also was arrested (see 
Section 1.d.).
    Unions are able to affiliate with international organizations.
    b. The Right to Organize and Bargain Collectively.--The Labor Code 
recognizes the right to collective bargaining, formerly acknowledged 
only by ordinance. Since most workers are civil servants, government 
entities are involved in almost every phase of labor negotiations.
    Public sector wages are set in fixed scales in individual contracts 
and are not affected by collective bargaining. In the private sector, 
wage scales also exist, but individual contract negotiation is 
possible.
    The Labor Code gives the Labor Court jurisdiction over all labor 
dispute cases, including those involving public employees. Negotiations 
are conducted largely under the supervision of the tripartite National 
Labor Council, the Government's highest consultative authority on labor 
issues. The Council represents government, labor, and management and is 
presided over and regulated by the Minister of Labor.
    The Labor Code prohibits employers from firing or otherwise 
discriminating against a worker because of union affiliation or 
activity. This right is upheld in practice.
    There are no functioning export processing zones.
    c. Prohibition of Forced or Compulsory Labor.--The law prohibits 
the performance of forced or compulsory labor; however, soldiers 
guarding internally displaced persons sites and soldiers at military 
posts often require persons to cook, fetch water, chop wood, work in 
the fields of military leaders, and perform other chores without 
compensation (see Section 2.d.). The military also require persons to 
perform regular night watches.
    The law prohibits forced or compulsory labor by children; however, 
there were reports that soldiers forced children to perform occasional 
tasks, such as carrying supplies.
    On November 16, there were reports that security forces forced 
approximately 100 men from the northern neighborhoods of Bujumbura to 
remove foliage near Tenga, a densely wooded area where security forces 
were fighting with rebels. Several civilians were killed or injured 
during the fighting (see Sections 1.a. and 1.c.).
    Rebel groups also require the rural population to perform 
uncompensated labor, including the transport of rebel supplies and 
weapons. Rebels also recruit and use children for labor.
    d. Status of Child Labor Practices and Minimum Age for 
Employment.--The Labor Code states that children under the age of 16 
cannot be employed by ``an enterprise'' even as apprentices, although 
it also states that they may undertake occasional work that does not 
damage their health or interfere with their schooling. In practice 
children under the age of 16 in rural areas do heavy manual labor in 
the daytime during the school year.
    The minimum age for military service is 18, but observers believe 
that there are some children below that age in the military.
    Children are prohibited legally from working at night, although 
many do so in the informal sector. Most of the population lives by 
subsistence agriculture, and children are obliged by custom and 
economic necessity to participate in subsistence agriculture, family-
based enterprises, and the informal sector.
    Teenage prostitution is a problem (see Section 5).
    The law prohibits forced and bonded labor by children; however, 
there were reports that it occurred (see Section 6.c.).
    e. Acceptable Conditions of Work.--The formal minimum wage for 
unskilled workers is $0.21 (160 francs) per day in the cities Bujumbura 
and Gitega and $0.14 (105 francs) in the rest of the country, with a 
graduated scale for greater skill levels. This amount does not allow a 
worker and family to maintain a decent standard of living, and most 
families rely on second incomes and subsistence agriculture to 
supplement their earnings.
    Unionized employees, particularly in urban areas, generally earn 
significantly more than the minimum wage. Public sector wages are set 
by agreement between the Government and either the CSB or COSYBU. The 
government wage scale has remained unchanged since 1992, but 
allowances, such as the one for housing, have risen.
    The Labor Code stipulates an 8-hour workday and a 40-hour workweek, 
except in cases where workers are involved in activities related to 
national security. Supplements must be paid for overtime. Foreign 
workers are protected by law and are not subject to discrimination.
    The Labor Code establishes health and safety standards that require 
an employer to provide a safe workplace and assigns enforcement 
responsibility to the Minister of Labor. However, the Ministry does not 
enforce the code effectively. Health and safety articles in the Labor 
Code do not address directly workers' rights to remove themselves from 
dangerous tasks.
    f. Trafficking in Persons.--The law does not prohibit trafficking 
in persons; however, there were no reports that persons were trafficked 
to, from, within, or through the country.
                               __________

                                CAMEROON

    Cameroon is a republic dominated by a strong presidency. Since 
independence a single party, now called the Cameroon People's 
Democratic Movement (CPDM), has remained in power and limited political 
choice. In October 1997, CPDM leader Paul Biya won reelection as 
President in an election boycotted by the three main opposition 
parties, marred by a wide range of procedural flaws, and generally 
considered by observers not to be free and fair. Although the 
Government legalized opposition parties in 1990 after widespread 
protests, most subsequent elections, including the May 1997 legislative 
elections, which were dominated by the CPDM, were flawed by numerous 
irregularities. International and local observers generally consider 
the election process, which is controlled by the Government's Ministry 
of Territorial Administration, as not free and fair. No President has 
ever left office in consequence of an election. The President retains 
the power to control legislation or to rule by decree. In the National 
Assembly, government bills take precedence over other bills, and no 
bills other than government bills have been enacted since 1991, 
although the Assembly sometimes has not enacted legislation proposed by 
the Government. The President repeatedly has used his control of the 
legislature to change the Constitution. The 1996 Constitution 
lengthened the President's term of office to 7 years, while continuing 
to allow Biya to run for a fourth consecutive term in 1997 and making 
him eligible to run for one more 7-year term in 2004. In July the 
Government began discussions on an action plan to create the 
decentralized institutions envisioned in the 1996 constitution, such as 
a partially elected senate, elected regional councils, and a more 
independent judiciary. Government timetables for establishing these 
bodies extend until 2004. Although the country's first local government 
elections were held in 1996, President Biya limited their scope in many 
pro-opposition cities by expanding the number of municipal governments 
led by presidentially appointed delegates rather than headed by mayors 
chosen by the directly-elected municipal councils. The Government 
remained highly centralized and is dominated by the presidency. The 
judiciary is subject to political influence and suffers from corruption 
and inefficiency.
    Internal security responsibilities are shared by the national 
police (DGSN), the National Intelligence Service (DGRE), the 
gendarmerie, the Ministry of Territorial Administration, military 
intelligence, the army, and to a lesser extent, the Presidential Guard. 
On February 20, the Government created a military Operational Command 
to fight crime in Douala and the Littoral Province. The police and the 
gendarmerie have dominant roles in enforcing internal security laws. 
The security forces, including the military forces, remain under the 
effective control of the President, the civilian Minister of Defense, 
and the civilian head of police. The security forces continued to 
commit numerous serious human rights abuses.
    The country's population of approximately 15 million had a recorded 
mean per capita Gross National Product (GNP) of approximately $607. 
Economic growth has continued over the past 4 years, despite decreases 
in world prices for the country's major primary product exports. Over 
the past 3 years, GNP growth has averaged 4 to 5 percent annually; 
however, economic recovery continues to be inhibited by a large 
inefficient parastatal sector, excessive public sector employment, and 
the Government's inability to deregulate the economy to attract more 
investment. Widespread corruption in government and business also 
impedes growth. Members of the Beti and Bulu ethnic groups dominate the 
civil service and the management of state-owned businesses. The 
majority of the population is rural, and agriculture accounts for 25 
percent of GNP. Principal exports include timber, coffee, cocoa, 
cotton, bananas, and rubber. The Government also continued to receive 
substantial assistance from international financial institutions.
    The Government's human rights record continued to be generally 
poor, and government officials continued to commit numerous serious 
abuses. Citizens' ability to change their government remained limited. 
Security forces committed numerous extrajudicial killings; were 
responsible for disappearances, some of which may have been motivated 
politically; and tortured, often beat, and otherwise abused detainees 
and prisoners, generally with impunity. However, the Government 
prosecuted a few of the most egregious offenders, including some who 
were convicted and sentenced to prison terms and others who remain in 
prison awaiting trial. Conditions remained harsh and life threatening 
in almost all prisons, although the Government granted international 
humanitarian organizations access to prisoners. Security forces 
continued to arrest and detain arbitrarily various opposition 
politicians, local human rights monitors, and other citizens, often 
holding them for prolonged periods, often without charges or a chance 
for trial and, at times, incommunicado. The judiciary remained corrupt, 
inefficient, and subject to political influence. At times military 
tribunals exercise criminal jurisdiction over civilians, which in the 
past denied some civilians fair trials. Security forces conducted 
illegal searches and harassed citizens. The Government infringed on 
citizens' privacy and monitored and harassed some opposition activists. 
The Government continued to impose limits on press freedom. Although 
private newspapers enjoyed considerable latitude to publish their 
views, journalists continued to be subject to official and, on 
occasion, serious harassment. There were no reports that the Government 
seized newspaper editions; however, the Government continued its 
prosecutions of pro-opposition journalists under criminal libel laws. 
The Government continued to obtain convictions against journalists 
under these laws. In July the Government implemented a 1990 law 
designed to end its virtual monopoly of domestic broadcast media. Five 
radio stations subsequently applied for licenses to operate and 
continued to broadcast pending final authorization. The Government 
restricted freedom of assembly and association. At times the Government 
used its security forces to inhibit political parties from holding 
public meetings. Government security forces limited freedom of 
movement. Violence and discrimination against women remained serious 
problems. The abuse of children was a problem and female genital 
mutilation (FGM) persisted in some areas. Discrimination against 
indigenous Pygmies continued. Societal discrimination based on religion 
persisted in some areas. Discrimination against ethnic minorities 
remained widespread. The Government continued to infringe on workers' 
rights, and restricted the activities of independent labor 
organizations. Child labor remained a serious problem. Slavery 
reportedly persisted in northern parts of the country. Forced labor, 
including forced child labor, was a problem. There were reports of 
trafficking in persons, primarily children, for purposes of forced 
labor. Mob violence continued to result in some deaths.

                        RESPECT FOR HUMAN RIGHTS

Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Political and Other Extrajudicial Killing.--There were no 
confirmed reports of political killings; however, the security forces 
continued to use excessive, lethal force against private citizens and 
committed numerous extrajudicial killings.
    In mid-January Atangana, a gendarme serving at the Douala port, 
shot and killed Alhadji Bapetel, a customs officer also serving at the 
port. The shooting followed a quarrel over authority issues. The 
Government arrested the gendarme, who was awaiting trial on charges of 
``assault occasioning death'' at year's end.
    On March 2, an unidentified Douala soldier, who reportedly was 
drunk, shot and killed Pascal Kalo, a young Nigerian businessman. The 
death occurred after the soldier shot wildly at a group of customers 
who left the bar without paying their bill, but instead hit Kalo, who 
was eating dinner in a nearby restaurant. Reportedly there was no 
investigation nor action taken in this case by year's end.
    On April 6, police officers beat to death Emmanuel Ebanda, a porter 
at the Douala International Airport (see Section 1.c.). The police 
claim that Ebanda died because he beat his own head against the wall; 
however, a jailed witness contests these charges, claiming that he 
called repeatedly for medical assistance for Ebanda, but that the 
police ignored his pleas. The police investigated the case and on 
August 21, three police officers were arrested; they remained in 
detention pending trial at year's end.
    On May 7, a police officer by the name of Bahiga shot and killed 
Laurent Abbe in Yaounde, allegedly during an illegal search of Abbe's 
friend's residence (see Section 1.f.). The Government arrested Bahiga, 
who was in detention pending trial at year's end.
    On May 11 in Yaounde, a mixed patrol of police officers, gendarmes, 
and soldiers attempted to seize a vehicle illegally for non-emergency 
purposes. The driver loudly disputed the seizure, and attracted a crowd 
that began to laugh at the security forces. One of the officers, 
angered by the laughter, shot indiscriminately at the crowd, killing 
two women. Reportedly there was no investigation nor action taken in 
this case by year's end.
    On May 29, police officers from the Yaounde special operation 
grouping (GSO) detained, tortured, and killed Edouard Leuwat, a Yaounde 
taxicab driver (see Section 1.c.). One GSO policeman, with assistance 
from other officers, had arrested Leuwat without warrant on May 28, 
believing Leuwat to be the driver of a taxicab in which the policeman 
had left his handgun on May 27. Leuwat denied the charge, and the 
policeman tortured Leuwat to extract a confession. The Government 
arrested eight police officers involved in the case and charged them 
with ``torture having resulted in death.'' On June 20, the Government 
transferred the eight to the Yaounde-based Kondengui Central Prison, 
where they were awaiting trial at year's end.
    On June 21, security officers shot two alleged bandits in Yaounde's 
Nlongkak Circle, killing one. A neighborhood resident walked up to the 
remaining, incapacitated bandit and slit his throat with a machete. 
Reportedly there was no investigation nor action taken in this case by 
year's end.
    On September 14, Mathew Titiahonjo, who gendarmes at the NDOP 
brigade in the Northwest Province had arrested and detained on May 23, 
died in prison reportedly from torture (see Sections 1.c. and 1.d.).
    On October 28, Operational Command Sergeant Jean Claude Mbita 
allegedly shot and killed Luc-Benoit Bassilekin, a technician, while 
attempting to arrest him; Bassilekin's brother was arrested. In 
November the Government announced that it had arrested Mbita on charges 
of intentional homicide; he remained in detention pending trial at 
year's end.
    On October 30, Operational Command officers reportedly shot and 
killed Paul Petchueke, a taxicab driver, because Petchueke had 
attempted to make a U-turn in front of a command roadblock. On November 
13, the Government announced that it had arrested Paul Essoh, a soldier 
at the Douala Airbase, on charges of unintentional homicide for 
Petchueke's killing; he remained in detention at Douala New Bell prison 
pending trial at year's end.
    There were reports that the Douala Operational Command committed 
numerous summary executions, which totaled at least several dozens. 
There were reports that some persons were tortured before they were 
killed (see Section 1.c.). This special military unit, created to fight 
crime in Douala, operates above the authority of other security forces 
currently in the city. This command killed some suspects in shoot-outs 
and high-speed car chases during the year. It also reportedly used a 
network of informants, including a large number of convicted criminals 
and prison officials, to obtain the names of suspected bandits who they 
then arrested and summarily executed. The Operational Command also used 
neighborhood sweeps to search for criminals, occasionally executing 
suspects for minor offenses such as smoking marijuana. Press and other 
reports allege that the Operational Command has several mass graves, 
including in the ``Forest of Monkeys'' (Bois des Singes) and off the 
``Old Road'' between Douala and Edea, where bodies were abandoned in 
pits or buried. Cardinal Tumi, the Archbishop of Douala, estimated the 
total number of extrajudicial killings committed by the Operational 
Command to be as high as 500.
    Credible reports by the press and the Maroua-based Movement for the 
Defense of Human Rights and Liberties (MDHRL), one of the few operating 
human rights organizations in the Far North Province, describe a large 
but undetermined number of extrajudicial killings perpetrated by a 
special antigang gendarmerie unit tasked with combating highwaymen. 
This unit was created under the direct authority of the Minister of 
Defense and operates outside the normal chain of command for law-and-
order units. While some armed suspects were killed in firefights with 
security forces, there were credible reports that others caught in 
dragnet operations were executed summarily. Families of the deceased 
and human rights NGO's have accused the head of this unit, Colonel Pom, 
of extrajudicial killings of local civilians. The MDHRL estimated that 
up to 1000 persons have been killed since the beginning of 1998. The 
Government's National Commission on Human Rights and Freedoms (NCHRF) 
corroborated this information, although it was unable to determine the 
exact number of persons killed, since many of the victims' families are 
too frightened to speak with human rights groups. At least one private 
newspaper, the Yaoundebased triweekly Mutations, also reported in 1998 
that security forces summarily executed hundreds of alleged highway 
robbers in northern areas of the country during recent years.
    Numerous prisoners died in custody due to abuse inflicted by 
members of the security forces or harsh prison conditions and 
inadequate medical treatment (see Section 1.c.).
    In November 1999, the U.N. released a report by the Special 
Rapporteur on Torture, Nigel Rodley, regarding his visit to the country 
in May 1999. In this report, Rodley noted that torture and long-term 
detention is widespread. He also commented on deaths resulting from 
torture and extrajudicial killings, primarily in the Far North Province 
(see Sections 1.c. and 4), but he did not provide any specific examples 
of such deaths.
    In November the Government announced plans to investigate alleged 
killings by the Douala Operational Command. In the fall, the National 
Human Rights Commission, under the Prime Minister, sent teams to Douala 
to investigate. Although two reports were produced for the President 
and the Prime Minister, there are no plans to release the reports 
publicly.
    There were no known developments in the following 1999 cases: The 
January 1999 killing of Yves Atiback by a gendarme captain; the 
February 1999, killing of three Fulani shepherds by villagers acting on 
the orders of the Fon of Bali; the March 1999 killing of Denis Nzidchen 
by prison guards; the September 1999 beating death of Theopole Mbasi 
Ombe by three members of the presidential guard; the October 1999 
beating death of Frederic Djomeli by police in the Haut-Nkam division.
    On April 12, the Yaounde higher court sentenced police officer 
Francois Bilongo to seven years in jail and $10,000 in damages for the 
1998 killing of Leonard Fouda. In May Police Constable Kuete Pierre was 
convicted and sentenced to 14 years in prison for the June 1998 police 
shooting of truck driver Jean-Marie Penga at a roadblock in Douala.
    There were no known developments in three open 1998 cases: The 
reported January 1998 police killing of Serge Francois Massoma; the 
June 1998 police killing of a 17-year-old male during racial violence 
against whites in Yaounde. Two gendarmes reportedly facing manslaughter 
charges in connection with the 1998 killing of an Anglophone barkeeper 
who died while in detention, reportedly as a result of torture, 
remained in detention at year's end.
    There continued to be no developments in the 1997 security force 
killing of Faustin Fetsogo and the killing of five persons in 1997 
during opposition politician Koulagne Nana's election campaign 
following a skirmish with the forces of a traditional ruler loyal to 
the ruling party.
    While ethnic conflicts caused deaths in previous years (see 
Sections 1.c. and 5), there were no reports of such deaths during the 
year.
    Mob violence and summary justice directed against suspected thieves 
and those suspected of practicing witchcraft and other crimes 
reportedly continued to result in a number of deaths and serious 
injuries. Although the number of reported cases of mob killings had 
diminished in past years, increased crime in the major cities of Douala 
and Yaounde caused a rise in such incidents during the year. On April 
5, a thief was stripped naked, beaten unconscious, and burned alive by 
a mob. On March 9, a mob reportedly killed two suspected thieves by 
burning tires around their necks. On April 14, a crowd of citizens in 
Buea, Southwest Province, beat to death Jean-Paul Kamdem and Alfred 
Mbakwa Fowa, alleged members of a gang that stole electronic items from 
a businessman's home (see Section 1.c.).
    b. Disappearance.--There were reports of disappearances of persons 
in the custody of security forces. Some disappearances may be 
attributed to summary executions by security forces in Douala or the 
northern regions (see Section 1.a.); in these instances, bodies rarely 
are found, although the suspects are presumed dead.
    On May 9, plain clothes security officials in Mamfe, Manyu 
Division, Southwest Province, searched the homes of John Enow, Joseph 
Tafong, Chief Assam, Mathias Takunchung, and several others, without 
search warrants. The victims' families have neither seen nor heard from 
the victims since that time, and believe that the security forces 
summarily executed them. In a letter written on May 12 and sent to the 
National Human Rights Commission, the families claim that more than 30 
people have disappeared in Mamfe under similar circumstances. According 
to the commission, four persons still were missing at year's end.
    In August 10 of the 13 refugees from Equatorial Guinea detained at 
a military base since 1998 left for refugee resettlement in another 
country (see Section 1.d.). Three refugees disappeared before they 
could depart; however, they were believed to have returned voluntarily 
to Equatorial Guinea or to have established unofficial residence in the 
country.
    The Government did not initiate any public investigation into any 
of these disappearances by year's end, nor did the Government 
investigate the 1998 disappearances of Chadian refugees Jim Temba and 
El Hadj Bakeye, Chadian herders, or the truck driver Mahamat Oumar.
    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Penal Code proscribes torture, renders inadmissible in 
court evidence obtained thereby, and prohibits public servants from 
using undue force against any person; however, although President Biya 
also promulgated a law in 1997 that bans torture by government 
officials, there were numerous credible reports that security forces, 
including the Operational Command, continued to torture, beat, and 
otherwise abuse prisoners and detainees. There were reports that 
security forces, including the Operational Command, detained persons at 
specific sites where they tortured and beat detainees (see Section 
1.d.). The Operational Command reportedly tortured some persons before 
summarily executing them (see Section 1.a.). The U.N. Special 
Rapporteur on Torture, Nigel Rodley, in his report on the country 
released in November 1999, stated that torture was widespread and used 
indiscriminately against persons under arrest or detained. Security 
forces also reportedly subjected women, children, and elderly people to 
ill-treatment. Most cases apparently were not reported to the relevant 
authorities because of ignorance, lack of confidence, or fear of 
reprisals on the part of the victims and their families. In New Bell 
and other nonmaximum-security penal detention centers, beatings are 
common and prisoners reportedly are chained or flogged at times in 
their cells. However, the authorities often administer beatings not in 
prison facilities, but in temporary detention areas in a police or 
gendarme facility. Two forms of physical abuse commonly reported to be 
inflicted on detainees include the ``bastinade,'' in which the victim 
is beaten on the soles of the feet, and the ``balancoire,'' in which 
the victim, with his hands tied behind his back, is hung from a rod and 
beaten, often on the genitals. Nonviolent political activists often 
have been subjected to such punitive physical abuse during brief 
detentions following roundups of participants in antigovernment 
demonstrations or opposition party political rallies.
    Security forces subjected prisoners and detainees to degrading 
treatment that includes stripping, confinement in severely overcrowded 
cells, and denial of access to toilets or other sanitation facilities. 
Police and gendarmes often beat detainees to extract confessions and 
the names and whereabouts of alleged criminals. In his report, U.N. 
Special Rapporteur Rodley noted that the Government increasingly was 
moving toward punishing offenders, but that ``some of those 
incriminated act out of ignorance and others out of pure habit, for 
they have regularly acted that way for a long time without fear of any 
consequences.'' Pretrial detainees sometimes were required, under 
threat of abuse, to pay so-called ``cell fees'' (essentially a bribe to 
the prison guards to prevent further abuse).
    On January 27, security forces intervened in a student strike at 
the University of Douala (see Sections 1.d. and 2.b.). The police used 
water cannons and nightsticks on the students, which resulted in eight 
injuries; police also beat several students severely.
    On January 28, four gendarmes reportedly arrested and tortured 
customs inspector Vincent Nkengfua, who they suspected of kidnaping a 
child. The gendarmes also arrested, detained, and tortured all the 
workers at Nkengfua's plantation in Mbanga, including a child (see 
Section 1.d.). In September Nkengfua filed a lawsuit against the 
gendarmes with the Mbanga High Court for abuse of power, arbitrary 
arrest and seizure of property, false evidence, calumny, and torture. 
The status of the lawsuit was unknown at year's end.
    On March 27, a crowd dragged Jean-Paul Kentsa to the Tsinga 
gendarmerie station in Yaounde after a woman claimed that he had tried 
to kidnap her 7-year-old son. After listening to the woman's statement, 
a gendarme began beating Kentsa, without allowing Kentsa to tell his 
side of the story. According to a witness, the gendarme tied his arms 
and legs and subjected him to ``balancoire'' torture for over half an 
hour. When a crowd formed to watch the beating, the gendarme beat two 
of the onlookers without cause using a machete.
    On April 6, police officers beat to death Emmanuel Ebanda, a porter 
at the Douala International Airport (see Section 1.a.). The police are 
investigating the case, though no charges have been filed against the 
officers.
    On April 20, government security forces reportedly attacked the 
parish of Notre Dame de Sept Douleurs in Douala during a Mass. Security 
forces reportedly arrested some parishioners and beat others (see 
Sections 1.d. and 2.c.).
    On April 27, a gendarme officer serving at the mobile gendarmerie 
unit, Abessolo-Abessolo, assaulted, beat, and seriously injured Nico 
Ajong in Ajong's tailoring store in the Yaounde neighborhood of Ngoa-
Ekelle. The gendarme entered Ajong's workshop, demanded the identity 
cards of Ajong and a customer, and pocketed Ajong's identity card. When 
Ajong asked why the gendarme had taken his identity card, Abessolo-
Abessolo began beating Ajong on the face and body. A medical report 
indicated that the resulting injuries incapacitated Ajong for 21 days.
    On April 27, Bessala, a soldier on patrol in the Yaounde 
neighborhood of Coron, shot Cecile Ngono. Ngono was a passenger in a 
taxicab that did not stop at a police checkpoint, and when Bessala shot 
at the car, he hit and wounded Ngono.
    In April a gendarme in Limbe, Southwest Province, beat and tortured 
a foreign volunteer teaching at the government bilingual high school. 
The gendarme interrogated the volunteer about his connections with the 
Southern Cameroons National Council (SCNC), an organization which calls 
for secession of the two English-speaking Anglophone provinces.
    On May 1, Dieudonne Dibong, a police officer, shot at a Yaounde cab 
after the cab ignored his traffic directions, seriously wounding the 
driver and the occupants of the vehicle. The General Delegate for 
National Security (DGSN) ordered disciplinary sanctions, and the 
Government arrested Dibong, whose trial was pending at year's end.
    On May 23, police and gendarmes forcibly dispersed a demonstration 
by students of the University of Yaounde, in which students protested 
the poor road conditions that killed 14 persons in a May 17 bus 
accident (see Section 2.b.). Police arrested approximately 50 students 
and severely beat several of them (see Section 1.d.).
    On May 23, gendarmes at the NDOP brigade in the Northwest Province 
arrested and detained Mathew Titiahonjo, Nathaniel Ntam, John Nivame, 
and several others (see Section 1.d.), and beat and tortured Titiahonjo 
and Nivame. One of the gendarmes claimed he suspected the men of 
belonging to a group of bandits who reportedly accosted him on May 19, 
seized his gun, pulled off his shoes, and tied him to a palm tree. 
According to the victims, Nivame caught the gendarme asleep with 
Nivame's girlfriend and stole the gendarme's shoes and gun in 
retaliation. On September 14, Titiahonjo died in prison reportedly from 
torture (see Section 1.a.); the Prime Minister released the remaining 
nine on October 31.
    On May 25, officers of the GSO police unit arrested Madeleine Ngo 
Songane, the sister of an alleged bandit. They took her to their 
headquarters and beat her violently in an effort to extract information 
on the whereabouts of her brother.
    On May 28, the same GSO police officers in Yaounde who tortured 
Edouard Leuwat to death (see Section 1.a.), arrested and tortured 
Achille Tchoumba Heubo, also in an effort to extract a confession 
concerning the officer's lost gun.
    On May 29, Edouard Leuwat, a Yaounde taxicab driver, died in 
custody as a result of torture by police officers from the Yaounde 
special operation grouping (GSO) (see Section 1.a.). The Government 
arrested eight police officers involved in the case and charged them 
with ``torture having resulted in death.'' On June 20, the Government 
transferred the eight to the Yaoundebased Kondengui Central Prison, 
where they were awaiting trial at year's end.
    In June in Ndop, Northwest Province, a gendarme who had lost his 
gun enlisted the support of his brigade to search for the weapon 
without a warrant. Press reports indicated the gendarmes ransacked 
homes and business, assaulting citizens in the process (see Section 
1.f.).
    On the night of June 7, a police patrol from the Yaounde 8 police 
district arrested and beat Beatrice Elouga for failing to carry her 
national identity card (see Sections 1.d. and 2.d.).
    In early June, a gendarme officer identified as Okala, alias 
Tohmugwah, threw a hand grenade into a bar at Belo, Northwest Province, 
wounding several people. Okala apparently was angry with Amina 
Nyonghabi, the bartender, who wanted the gendarme to pay the bill for 
the drinks he had consumed. The previous day, the same gendarme slapped 
Nyonghabi in the face twice when she requested that he pay his bar 
bill.
    In early June, soldiers at a military garrison near the intendance 
roundabout in Yaounde brutalized and stripped naked Amelie, a young 
female soccer player with ``Canon-filles,'' a Yaounde-based soccer 
team. Amelie was returning home with her boyfriend when the soldiers 
demanded her identification. The gendarmes accused her of holding a 
fake national identity card with a female name, and, after beating 
Amelie, the soldiers decided to strip her naked publicly to verify her 
gender, only to realize that she had spoken the truth and her identity 
card was authentic.
    On July 27, Police Commissioner Theophile Tocko arrested Magloire 
Evouta, a businessman, at a Yaounde hotel. Evouta, who suffered from a 
chronic illness, was denied medical treatment and died at the Yaounde 
judicial police station on August 2. On August 28, the President 
dismissed Tocko from his position; Tocko was arrested and in detention 
pending trial at year's end.
    On September 12, members of the Operational Command unit of the 
Mboppi Brigade allegedly raped two young girls. The girls reportedly 
were detained because their identification papers were damaged 
partially by water.
    On November 13, security forces forcibly dispersed a march by 
opposition SDF parliamentarians in Yaounde (see Sections 2.b. and 3). 
Security forces arrested several marchers, seized journalists' cameras, 
and beat one journalist (see Sections 1.d. and 2.a.).
    Security forces harassed and threatened journalists (see Section 
2.a.). For example, on April 15 and 16, a gendarme patrol detained Alex 
Lembe, a journalist with Afrik Netpress, and demanded his identity card 
(see Section 2.a.). When the patrol commander realized he was a 
journalist, he insulted Lembe, beat him, and held him overnight.
    Security forces frequently used roadblocks to exact bribes or 
thwart opposition political activities (see Section 2.d.).
    In the vast majority of cases of torture or abuse, the Government 
rarely investigated or punished any of the security officials involved.
    Seke Columban, the police commissioner in Guider, North Province, 
beat Madi Baddai while arresting him in a nightclub in September 1999, 
and during a subsequent 4-day detention, causing serious injuries. 
Although Madi Baddai filed charges against the commissioner, no action 
had been taken by year's end.
    At year's end, the Buea military tribunal was preparing to try the 
commander of the 11th Navy Battalion and two noncommissioned officers 
in connection with looting and alleged beatings and rapes of civilians 
by naval cadets in the Anglophone Southwest Province port of Limbe in 
November 1998. There were no developments in other 1998 cases of 
nonlethal violence by security forces.
    On June 16, the Yaounde Court of First Instance sentenced Leon 
Ongolo, a Yaounde police commissioner, to 6 months imprisonment, a $70 
(50,000 CFA) fine, and $450 (300,000 CFA) in victim damages, for 
brutalizing his neighbors over a dispute concerning electrical wiring 
in 1996.
    Mob violence directed against suspected thieves reportedly 
continued to result in a number of deaths, some because of beatings or 
torture (see Section 1.a.).
    Prison conditions remained harsh and life threatening. Prisons are 
seriously overcrowded, unsanitary, and inadequate, especially outside 
major urban areas. Serious deficiencies in food, health care, and 
sanitation due to a lack of funds are common in almost all prisons, 
including in ``private prisons'' in the north operated by traditional 
rulers. U.N. Special Rapporteur Rodley described prison conditions in 
the country as ``universally appalling.'' Rodley also reported that: 
``overcrowding, unhygienic sanitation, lack of health care, and 
shortage of food, reportedly are the main failings in the Cameroonian 
prison system. These conditions cannot be blamed only on lack of 
financial or material resources, but also result from deliberate 
policies or serious neglect on the part of the relevant officials.'' 
Rodley wrote that these conditions are ``endangering the health and 
even the lives of the detainees.'' Prisoners are kept in dilapidated 
colonial-era prisons, where the number of detainees is four to five 
times the original capacity. Authorities confirmed to Rodley that one 
cell measuring 6 square meters housed 16 people; one prisoner stated 
that the cell sometimes held up to 23 people. Health and medical care 
almost are nonexistent, and prisoners' families are expected to provide 
food for their relatives in prison. Prison officials torture, beat, and 
otherwise abuse prisoners (see Section 1.c.). Rodley reported that the 
vast majority of those in detention had been tortured or abused. Rodley 
specified cases of machete beatings, toenails being ripped out, and 
victims shot by police who had received no medical attention. Prisoners 
routinely die due to harsh prison conditions and inadequate medical 
treatment. In Douala's New Bell Prison, there were only 7 water taps 
for a reported 3,500 prisoners; this contributed to poor hygiene, 
illness, and deaths. In New Bell and other nonmaximum-security penal 
detention centers, families are permitted to provide food and medicine 
to inmates; however, beatings are common. Prisoners reportedly are 
chained or flogged at times in their cells and often are denied 
adequate medical care. In April the new Minister of Territorial 
Administration and the new Secretary of State for Territorial 
Administration in charge of penitentiary administration visited Douala 
and Yaounde prisons. The Yaounde prison was so dirty that the Minister 
ordered the immediate release of funds for repainting. In Douala the 
Minister said that the prison would be improved with funding from a 
foreign government; however, the project had not been implemented fully 
by year's end.
    Credible press reports indicate that Douala's New Bell prison, 
originally built for 600 inmates, held more than 3,500 during the year, 
of which 2,000 were pre-trial detainees. A 1997 report on prison 
conditions indicated that Bertoua Prison, which was built to hold 50 
inmates, housed over 700 persons. The Kondengui Central Prison in 
Yaounde, constructed in 1967 to hold 1,500 inmates and equipped with 
only 16 toilets or showers and 400 beds, held approximately 3,300 
inmates, including 700 women during the year. In 1999 the government 
official in charge of prisons said that the Central Prison of 
Bafoussam, built for 320 inmates, held 3,140 persons. Press reports 
indicate that the Bamenda Central Prison, built for 300 inmates, 
currently holds 900 persons, approximately 750 of whom are pre-trial 
detainees. Overcrowding is exacerbated by the large number of long 
pretrial detentions and the practice of ``Friday arrests'' (see Section 
1.d.). According to credible press reports, more than 1,400 of the 
inmates of the Douala prison were pretrial detainees, whereas only 900 
were convicted prisoners.
    Juveniles and nonviolent prisoners often are incarcerated with 
adults, although not usually in the same cells. There are credible 
reports of sexual abuse of juvenile prisoners by adult inmates. 
Corruption among prison personnel is widespread. Persons awaiting trial 
routinely are held in cells with hardened criminals. There are few 
detention centers for women; women routinely are held in prison 
complexes with men, occasionally in the same cells. Mothers often are 
incarcerated with their children or babies. The U.N. Special Rapporteur 
on Torture reported that he saw at least one 14-year-old child being 
kept with adult offenders, one woman being held in the same cell as 
male prisoners, and one woman incarcerated with her 9-month-old child. 
Some high-profile prisoners are able to avoid some of the abuse that 
security forces routinely inflict on many common criminals. They are 
kept in elite wings of certain prisons, where they enjoy relatively 
lenient treatment.
    On March 14, a group of detainees in the Douala Central Prison 
addressed a letter to the governor of the Littoral Province, 
complaining about the conditions of their detention. They charged that 
many prisoners must sleep on the ground and without shelter from rain 
due to lack of floor space within the crowded prison.
    Numerous NGO's, diplomatic missions, and the NCHRF all have 
criticized publicly the conditions of the group of Anglophone detainees 
arrested in 1997. One reliable report described 28 detainees sharing a 
cell measuring 14 square meters (about 140-square feet). At least eight 
of the original detainees reportedly have died from abuse or lack of 
medical care: Emmanuel Konseh, Samuel Tita, Mathias Gwei, Neba Ambe, 
Mado Nde, Richard Fomusoh Ngwa, Patrick Jimbou, and Lawrence Fai.
    In the north, the Government permits traditional Lamibe (chiefs) to 
detain persons outside the government penitentiary system, in effect in 
``private prisons.'' The places of detention in the palaces of the 
traditional chiefs of Rey Bouba, Gashiga, Bibemi, and Tcheboa have the 
reputation of seriously mistreating their inmates. Members of the 
National Union for Democracy and Progress (UNDP) party, which was an 
opposition party until late 1997, have alleged that other UNDP members 
have been detained in these private jails and that some have died from 
mistreatment.
    Both the Cameroonian Red Cross and the NCHRF visited prisons only 
infrequently during the year. However, the International Committee of 
the Red Cross (ICRC) began to visit prisons in March 1999, pursuant to 
a December 1998 agreement with the Government under which the ICRC was 
to have free access to all detention centers and prisons, have private 
discussions with the inmates, and make repeated or unscheduled visits 
(see Section 4). Although the ICRC does not release its findings 
publicly, the Government generally complied with its agreement with the 
ICRC, which had not conducted prison visits in the country during the 
previous 7 years due to dissatisfaction with the limited access allowed 
by the Government. However, despite government assurances to the 
contrary, officials denied U.N. Special Rapporteur for Human Rights 
Rodley access in May 1999 to holding cells operated by the Government's 
special antigang unit (see Sections 1.a. and 1.b.).
    d. Arbitrary Arrest, Detention, or Exile.--The Penal Code requires 
an arrest warrant for any arrest, except when the criminal is caught in 
the act; however, security forces continued to arrest and detain 
citizens arbitrarily. The Penal Code also stipulates that detainees 
must be brought promptly before a magistrate; however, arbitrary, 
prolonged detention remained a serious problem, as security forces 
often failed to bring detainees promptly before a magistrate and 
sometimes held them incommunicado for months or even years.
    Police legally may detain a person in custody in connection with a 
common crime for up to 24 hours, renewable three times, before bringing 
charges. However, the law provides for the right to a judicial review 
of the legality of detention only in the two Anglophone provinces. 
Elsewhere, the French legal tradition applies, precluding judicial 
authorities from acting on a case until the administrative authority 
that ordered the detention turns the case over to the prosecutor. After 
a magistrate has issued a warrant to bring the case to trial, he may 
hold the detainee in administrative or ``pretrial detention'' 
indefinitely, pending court action. Such detention often is prolonged, 
due to the understaffed and mismanaged court system. According to U.N. 
Special Rapporteur Rodley, 80 percent of the prison population consists 
of untried prisoners. Rodley wrote that the length of pre-trial 
detention, often stretching as long as 7 years, makes it ``inhuman in 
itself.'' In addition Rodley claimed that ``pretrial detention is used 
not to attain its primary goal of upholding order and security and 
facilitating investigation, but rather, in the perception both of the 
public and of the forces of law and order, as a sanction.'' 
Furthermore, a 1990 law permits detention without charge by 
administrative authorities for renewable periods of 15 days, ostensibly 
in order to combat banditry and maintain public order. Persons taken 
into detention frequently are denied access to both legal counsel and 
family members. The law permits release on bail only in the Anglophone 
provinces, where the legal system includes features of British common 
law; however, bail is granted infrequently in those provinces.
    There were reports that security forces, including the Operational 
Command, detained persons at specific sites where they tortured and 
beat detainees (see Sections 1.a. and 1.c.).
    Government officials and security forces continued to use arbitrary 
arrest to harass and intimidate members of opposition parties and other 
critics of the Government.
    On January 7, gendarmes in Limbe arrested and briefly detained 23 
people who were looking at a flag hoisted by SCNC secessionists without 
pulling it down. Gendarmes retained the identity cards of 19, telling 
them to come back on January 10 to retrieve them. When they did so, the 
gendarmes photographed the individuals before releasing them with their 
identity cards.
    On January 8 and 9, in Limbe, Southwest Province, the Government 
arrested a group of demonstrating members of the SCNC (see Section 
2.b.). The Government released all of the detainees except Justice 
Frederick Ebong, Chief Ayumba, and James Sam Sabum, three of the 
group's leaders. The Government did not charge them with any crime, but 
it transferred them from Limbe to Buea and then to the underground 
Yaounde prison cells of the Secretariat of State for Defense, where 
they were awaiting trial on unspecified charges by the state security 
court at year's end. On May 9, the Buea High Court ruled against a 
motion for bail for the three SCNC leaders, stating the court lacked 
jurisdiction over the case.
    On January 9, gendarmes of the Nkongsamba (Littoral Province) 
brigade arrested Sylvestre Tchakoutio, a political activist and member 
of the opposition Union of Cameroon Democratic Forces (UFDC), on 
unspecific charges. On January 12, three gendarmes searched his 
residence without a search warrant (see Section 1.f.). On January 18, 
during questioning by the brigade commander, Tchakoutio learned that an 
anonymous false report to the Government's senior divisional officer of 
Mungo Division claimed that Tchakoutio was hiring people to engage in 
operations to destabilize the Government. The gendarmes released 
Tchakoutio on January 30 when they found no evidence to support the 
accusations.
    On January 27, security forces intervened in a student strike at 
the University of Douala (see Sections 1.c. and 2.b.). Several 
students, including one of the strike's leaders, Guy Simon Ngakam, were 
arrested and detained for 2 days.
    The Government continued to harass and arrest a high-profile Douala 
political activist, Mboua Massok. On January 27, Douala police arrested 
Mboua Massok near the Douala University campus for his apparent support 
of the January 18 student strike (see Section 2.b.). The gendarmes 
released him without charge or trial on March 16. On April 11, members 
of the Douala gendarmerie again detained Massok for several hours 
regarding a human rights essay he published (see Section 2.a.).
    On January 28, four gendarmes reportedly arrested and tortured 
customs inspector Vincent Nkengfua, who they suspected of kidnaping a 
child, and all the workers at Nkengfua's plantation in Mbanga, 
including a child (see Section 1.c.). In September Nkengfua filed a 
lawsuit against the gendarmes with the Mbanga High Court for abuse of 
power, arbitrary arrest and seizure of property, false evidence, 
calumny, and torture.
    In March the Prefet (Senior Divisional Officer) of Bangangte, Nd 
Division, West Province, ordered the arrest of Catherine Yami and Roger 
Tankeu, respectively the SDF president for the Basssamba electoral 
district, and the SDF West provincial coordinator (see Section 2.b.). 
The two leaders had tried to prevent gendarmes from dispersing a 
meeting in the district.
    On March 20, security forces raided the palace of Fon Omer Tawun, 
the traditional ruler of Chup, in Nkambe, Northwest Province, under the 
suspicion that he was storing illegal weapons (see Section 1.f.). 
Although security forces found no weapons or ammunitions, they arrested 
Fon Tawun, Moses Khan (treasurer of division), and Francis Adamu 
(second deputy town mayor). Security forces detained the three for 2 
days in the town jail, then transferred them to the gendarmerie legion 
in Bamenda, where they questioned and released them.
    On April 20, government security forces reportedly attacked the 
parish of Notre Dame de Sept Douleurs in Douala during a Mass. Security 
forces reportedly arrested some parishioners and beat others (see 
Sections 1.c. and 2.c.).
    On April 21 and 22, security forces arrested and detained briefly 
hundreds of SCNC supporters and sympathizers in the towns of Kumba and 
Muyuka, Southwest Province. The arrests, ordered by the Southwest 
Province governor, were based on allegations that the SCNC was 
considering overthrowing the Province's officials.
    On May 10, plainclothes policeman in Mamfe, Manyu Division, 
Southwest Province, arrested without warrants Mathias Takunchung Ebai, 
Daniel Akwo, John Enow, Tambong, and four other members of the SDF. The 
police transferred them to the gendarmerie legion in Buea, where 
gendarmes questioned them for 3 days concerning their support for the 
SCNC before releasing them on May 13.
    On May 23, gendarmes at the NDOP brigade in the Northwest Province 
arrested and detained Mathew Titiahonjo, Nathaniel Ntam, John Nivame, 
and several others, and beat and tortured Titiahonjo and Nivame (see 
Section 1.c.). On September 14, Titiahonjo died in prison reportedly 
from torture; the Prime Minister released the remaining nine on October 
31.
    On May 23, police and gendarmes forcibly dispersed a demonstration 
by students of the University of Yaounde, in which students protested 
the poor road conditions that killed 14 persons in a May 17 bus 
accident (see Section 2.b.). Police arrested approximately 50 students 
and severely beat several of them (see Section 1.c.). The students were 
released on May 25.
    On the night of June 7, a police patrol from the Yaounde 8 police 
district arrested and beat Beatrice Elouga for failing to carry her 
national identity card (see Sections 1.c. and 2.d.).
    On August 24, gendarmes released Bassy Okon Edet, a Nigerian 
fisherman, after a 7-day incarceration. Edet apparently was fishing in 
the Atlantic Ocean near the disputed Bakassi Peninsula when gendarmes 
in the region picked him up, permanently seizing his fishing boat, 
fishing nets, and clothes. Edet claims that the gendarmes blindfolded 
him, did not feed him, and forced him to do labor during his 
incarceration (see Section 6.c.); the fisherman claims that other 
Nigerians remain in the same detention camp.
    In November the Prefet of Dschang arrested two union leaders 
allegedly because of an unsigned labor agreement (see Section 6.a.); 
ten others also were questioned. All 12 were released the next day.
    On November 13, security forces forcibly dispersed a march by 
opposition SDF parliamentarians in Yaounde (see Sections 2.b. and 3). 
Security forces arrested several marchers, seized journalists' cameras 
(see Section 2.a.), and beat one journalist (see Section 1.c.).
    Security forces harassed and occasionally detained journalists and 
beat demonstrators and members of human rights NGO's (see Sections 2.a. 
and 2.b.). For example, in late June, police commissioner Jean-Joel 
Ondo, from the central provincial judicial police, detained for 2 hours 
two journalists of the Douala-based French-language tri-weekly 
newspaper, La Nouvelle Expression. According to the journalists, the 
commissioner arrested them for chatting with two young women who were 
close to the commissioner. The commissioner also ordered the two women 
brought to the police station, where police beat one of them severely 
(see Section 1.c.).
    Many of the public officials arrested in 1999 in the Government's 
high-profile but short-lived corruption crack-down still were awaiting 
trial at year's end. In September and October 1999, the Government 
arrested these officials, including former Minister of Posts and 
Telecommunications Monchipou Seidou, Ministry Budget Director Guillaume 
Yetna Hiobi, and Ministry Director of Production Philip Tarkang, on 
charges of corruption or embezzlement.
    On March 3, political activist Sanda Oumarou was released from 
jail; he had been held without formal charges or judicial proceedings 
since July 1999.
    In 1997 government security forces detained 13 former senior 
military officers of Equatorial Guinea who had been granted refugee 
status by the UNHCR and had lived in the country for 4 years. In 1998 
these 13 officers, who were affiliated with an Equato-Guinean 
opposition party and included Alfonso Mba Nsogo, former head of the 
Equato-Guinean military, contested the Government's assertion that it 
had arrested them for their own protection. In August 10 of the 13 
refugees from Equatorial Guinea detained at a military base since 1998 
left for refugee resettlement in another country. Three refugees 
disappeared before they could depart (see Section 1.b.); however, they 
were believed to have returned voluntarily to Equatorial Guinea or to 
have established unofficial residence in the country.
    Nana Koulagne, a former member of the National Assembly and UNDP 
activist, has remained in prison in Garoua since May 1997, when members 
of the security forces attacked and arrested him and other activists of 
the then-opposition UNDP while he was campaigning for election in the 
North Province. On July 17, after more than 3 years in detention, the 
Garoua Military Tribunal formally charged Koulagne with complicity in 
assassination, group looting, arson, and desecrating cadavers. On 
August 31, the Garoua Military Tribunal sentenced Koulange to 3 years 
in prison, counted as time served in detention. He was released on 
August 31. No members of the Lamido's traditional guard, who also were 
involved in the incident, were charged with a crime.
    The Government continues to incarcerate illegally Nda Yinzi 
Ousmanou, Pierre Mbock, Jules Zoa, Ambadiang Adebada, and Michel Kamga. 
The Government arrested the five on April 30, 1996, on charges of 
aggravated theft, illegal possession of firearms, and forgery. Despite 
an October 1997 Douala court ruling of innocence and a court order to 
release the men, the Government refuses to let them out of prison. Nda 
Yinzi Ousmanou died on November 21, 1998, and the other four remain 
incarcerated.
    Four Anglophones, Abel Achah Apong, Crispus Kennebie, John Kudi, 
and Zacque Njenta, have been detained in the Yaounde Central Prison 
since 1995, and a fifth, Etchu Wilson Arrey, since 1997. Each was 
incarcerated after signing or displaying a petition for a referendum on 
independence for the Anglophone provinces. At year's end, none of these 
detainees had been brought before a judge or charged with a crime.
    Police and gendarmes often arrest persons on spurious charges on 
Fridays at mid-day or in the afternoon (see Section 1.c.). While the 
law provides for a judicial review of an arrest within 24 hours, the 
courts do not convene sessions on the weekend, so the detainee remains 
in prison at least until Monday. Police and gendarmes commonly accept 
bribes to make such ``Friday arrests'' from persons who have private 
grievances against the person arrested. There are no known cases of any 
policemen or gendarmes being sanctioned or punished for this practice.
    Government intimidation extends beyond the police stations and 
holding cells. In efforts to combat highwaymen (``coupeurs de route''), 
Colonel Pom and his special antigang gendarmerie unit (see Section 
1.a.) use informants to identify and accuse persons of taking part in 
highway robbery. Standards of proof for such accusations are 
nonexistent. Accusations occasionally have been used to pursue private 
grievances, and informants repeatedly have extorted money from innocent 
persons by threatening to accuse them of being bandits. The Douala 
Operational Command reportedly uses informants in a similar fashion. 
These informants often are former criminals or prison guards, and are 
used to target criminals who are then summarily executed (see Section 
1.a.).
    The Government does not use forced exile; however, some human 
rights monitors or political opponents who considered themselves 
threatened by the Government have left the country voluntarily and 
declared themselves to be in political exile.
    On April 11, the traditional rulers of Ekondo-Titi, Southwest 
Province, acting under the authority of the Balondo Development 
Association (BACUDA), ordered the expulsion of Iyassa Anou, Joseph 
Regeant, Johnson Mambo Naseri, Mathew Ajong Awor, Christian Buma, 
Francisca Nyando, and James Okenye, for allegedly bewitching to death a 
resident of the town of Lobe; however, the order to expel the seven was 
not implemented by year's end. BACUDA was investigating the charges of 
alleged witchcraft at year's end.
    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary; however, the judiciary remains highly subject to 
political influence and corruption. The court system remains 
technically part of the executive branch, subordinate to the Ministry 
of Justice. The Constitution specifies that the President is the 
guarantor of the legal system's independence. He also appoints judges 
with the advice of the Supreme Council of the Magistrature. However, 
during the 1990's, elements of the judiciary began to show some modest 
signs of growing independence. Since 1997 the courts repeatedly have 
used powers given them under the 1996 press law to order the Ministry 
of Territorial Administration to desist from seizing print runs of 
newspapers critical of the Government. In 1999 an appeals court 
overturned a criminal libel conviction of journalists on the grounds 
that it violated 1990 legislation providing for freedom of the press 
(see Section 2.a.); however, some politically sensitive cases never are 
heard.
    The court system includes the Supreme Court, a court of appeals in 
each of the 10 provinces, and courts of first instance in each of the 
country's 58 divisions.
    Military tribunals may exercise jurisdiction over civilians not 
only when the President declares martial law, but also in cases 
involving civil unrest or organized armed violence. A law on the 
organization of the judiciary promulgated in 1998 also transferred to 
military tribunals jurisdiction over gang crimes, grand banditry, and 
highway robbery. The Government apparently interprets these guidelines 
quite broadly and sometimes uses military courts to try matters 
concerning dissident groups and political opponents.
    The legal system includes both national law and customary law, and 
many cases can be tried using either. Customary law is based upon the 
traditions of the ethnic group predominant in the region and is 
adjudicated by traditional authorities of that group. Accordingly, 
particular points of customary law differ depending upon the region and 
the ethnic group where a case is being tried. In some areas, 
traditional courts reportedly have tried persons accused of some 
offenses, such as practicing witchcraft, by subjecting them to an 
ordeal, such as drinking poison (see Section 2.c.); however, there were 
no known incidents during the year. Customary courts may exercise 
jurisdiction only with the consent of both parties to a case; either 
party has the right to have any case heard by a national rather than a 
customary court, and customary law is supposed to be valid only when it 
is not ``repugnant to natural justice, equity, and good conscience.'' 
However, many citizens in rural areas remain unaware of their rights 
under civil law and have been taught since birth that customary laws 
form the rules by which they must abide. Consequently, traditional 
courts remain important in rural areas and serve as an alternative for 
settling disputes. Their authority varies by region and ethnic group, 
but they often are the arbiters of property and domestic disputes and 
may serve a probate function as well. Most traditional courts permit 
appeal of their decisions to traditional authorities of higher rank.
    Corruption and inefficiency in the courts remain serious problems. 
Justice frequently is delayed or denied before reaching the trial stage 
(see Section 1.d.). Political bias often brings trials to a halt or 
results in an extremely long process, punctuated by extended court 
recesses. Powerful political or business interests appear to enjoy 
virtual immunity from prosecution; some politically sensitive cases are 
settled with a payoff and thus never are heard. Private journalists, 
political opponents, and critics of the Government often are charged or 
held and sometimes jailed under libel statutes considered by observers 
as unduly restrictive of press freedom (see Section 2.a.). Prisoners 
may be detained indefinitely during pretrial proceedings.
    The legal structure is influenced strongly by the French legal 
system, although in the Anglophone provinces certain aspects of the 
Anglo-Saxon tradition apply. The Constitution provides for a fair 
public hearing in which the defendant is presumed innocent. Because 
appointed attorneys receive little compensation, the quality of legal 
representation for indigent persons is often poor. The Bar Association 
and some voluntary organizations, such as the Cameroonian Association 
of Female Jurists, offer free assistance in some cases. Trials are 
normally public, except in cases with political overtones judged 
disruptive of social peace.
    The Government holds a number of political prisoners; however, as 
in previous years, there were no reliable estimates of the number of 
political prisoners held at the end of the year.
    In April 1999, the Government began the trial of the 65 surviving 
Anglophones who had been detained, some for more than 2 years, on 
suspicion of participating in armed attacks against government 
installations in the Northwest Province in March 1997. This judicial 
process did not follow either international or national legal norms. In 
October 1999, the military tribunal convicted 37 of the accused, 
sentencing 3 to life imprisonment and 34 to terms ranging from 1 to 20 
years in prison. The tribunal acquitted 28 defendants, some of whom had 
been detained for 30 months, during which at least 8 of the persons 
originally arrested in this case died in custody, some of them as a 
result of torture inflicted on many of these detainees (see Section 
1.c.). At year's end, 19 of the Anglophones convicted remained in 
prison in Yaounde; the other 18 were released following the completion 
of their sentences. On November 6, the Government released four 
Anglophones, Abel Achah Apong, Crispus Kennebie, John Kudi, and Zacque 
Njenta, who had been in the Yaounde Central Prison since 1995, and a 
fifth, Etchu Wilson Arrey, since 1997. Each was incarcerated after 
signing or displaying a petition for a referendum on independence for 
the Anglophone provinces. The tribunal declared itself incompetent to 
rule on two accused illegal Ghanaian immigrants, who remain 
incarcerated. International human rights NGO's, including Amnesty 
International, criticized the trial as unfair and protested the 
sentences.
    Titus Edzoa, former Minister of Health and longtime presidential 
aide, who had declared himself a candidate to oppose incumbent 
President Biya in the 1997 election, remains incarcerated, together 
with Michel Atangana, his campaign manager. They were sentenced in 1997 
to 15 years' imprisonment on embezzlement and corruption charges, for 
which Edzoa was arrested shortly after declaring his presidential 
candidacy (see Section 3). In 1999 the Yaounde Court of Appeals 
confirmed their convictions and their 15-year prison terms. At year's 
end, Edzoa reportedly still was held in confinement at the maximum 
security gendarmerie headquarters, in cramped quarters with very 
limited access to visitors.
    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The preamble of the Constitution provides for the 
inviolability of the home, for protection against search except by 
virtue of law, and for the privacy of all correspondence; however, 
these rights are subject to the ``higher interests of the State,'' and 
there were a number of credible reports that police and gendarmes 
harassed citizens, conducted searches without warrants, and opened or 
seized mail. The Government continued to keep some opposition activists 
and dissidents under surveillance.
    The law permits a police officer to enter a private home during 
daylight hours without a warrant if he is pursuing an inquiry and has 
reason to suspect that a crime has been committed. The officer must 
have a warrant to make such a search after dark. However, a police 
officer may enter a private home at any time in pursuit of a criminal 
observed committing a crime.
    An administrative authority may authorize police to conduct 
neighborhood sweeps in search of suspected criminals or stolen or 
illegal goods without individual warrants. Such sweeps are conducted 
frequently. During the year, as in 1999, sweeps involving forced entry 
into homes occurred in Yaounde, Douala, Ekondo Titi, Maroua, and 
Kousser. An increase in crime during the year led to a dramatic 
increase in the number of such sweeps, called ``kali-kali'' or 
``raffles,'' in Douala and Yaounde. Government security forces also 
conducted neighborhood sweeps in Buea and Limbe. Typically, security 
forces seal off a neighborhood, systematically search homes, arrest 
persons arbitrarily, and seize suspicious or illegal articles. There 
were credible reports that security forces used these sweeps as a 
pretext to loot homes and arbitrarily arrest persons for minor 
offenses, such as not possessing identity cards (see Sections 1.d. and 
2.d.). In a June letter to government officials, the Catholic 
Archbishop of Douala stated that security forces arrested some parents 
during these operations, forcing them to leave babies or sick children 
alone at home.
    In the past, Government administrative officials have used the 
armed forces to conduct tax raids on civilian communities; however, the 
Government reportedly did not conduct any such raids this year. In the 
past, the Government publicly has blamed opposition parties for its 
inability to collect internal revenues, but it did not repeat such 
accusations this year.
    On January 12, three gendarmes of the Nkongsamba (Littoral 
Province) brigade searched the residence of Sylvestre Tchakoutio, a 
political activist, for guns without a search warrant. Tchakoutio had 
been arrested on January 9 (see Section 1.d.).
    On March 20, security forces, under instructions from the senior 
divisional officer, raided the palace of Fon Omer Tawun, the 
traditional ruler of Chup, in Nkambe, Northwest Province, under the 
suspicion that he was storing illegal weapons. Eyewitness accounts 
reported that security forces violated sacred places in the palace 
during the search, including the ``kwifon,'' which houses the 
traditional secret society of the village. Though security forces found 
no weapons or ammunitions, they arrested Fon Tawun, Moses Khan 
(treasurer of division), and Francis Adamu (second deputy town mayor) 
(see Section 1.d.).
    On May 7, a police officer by the name of Bahiga shot and killed 
Laurent Abbe in Yaounde during an allegedly illegal search of Abbe's 
friend's residence (see Sections 1.a. and 1.d.).
    In June in Ndop, Northwest Province, a gendarme who had lost his 
gun enlisted the support of his brigade to search for the weapon 
without a warrant. Press reports indicated the gendarmes ransacked 
homes and business, assaulting citizens in the process (see Section 
1.c.).
    Following the November 1999 destruction of the Kobba-Bonaberi 
neighborhood in Douala, some residents returned to the neighborhood in 
May and began to rebuild their homes. In June the authorities warned 
the returning residents to leave, or the Government would destroy their 
homes again. A few residents continue to maintain that they have valid 
permits to build homes.

Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of expression and of the press; however, the Government 
continued to impose limits on these rights. The Penal Code's libel laws 
specify that defamation, abuse, contempt and dissemination of false 
news are offenses punishable by prison terms and heavy fines. These 
statutes sometimes are invoked by the Government to silence criticism 
of the Government and government officials.
    While approximately 60 private newspapers were published, only 
about 20 were published on a regular basis. Most continued to be highly 
critical of President Biya, and his Government, and reported on 
controversial issues, including corruption, human rights abuses, and 
economic policies. Since the Government's 1994-95 crackdown on the 
private press, most private journalists have begun to practice a higher 
degree of fact checking and thus have increased journalistic accuracy. 
Journalists continue to be critical of the Government; however, some 
journalists practiced self-censorship.
    In 1996 the Government repealed the law that had authorized the 
Government both to censor private publications and extrajudicially to 
seize publications ``dangerous to public order,'' or suspend 
newspapers' publication licenses. Previously, the Government often had 
taken these extrajudicial actions to inflict economic damage on 
newspapers critical of the Government and had done so often during 
election years.
    Formal censorship ceased in 1997. Since 1998, the Government 
largely has ceased to interfere with private newspaper distribution or 
seize print runs of private newspapers; however, on May 10, the Prefet 
(Senior Divisional Officer) of Kumba, Meme Division, Southwest 
Province, signed an order to ban one issue of the Bamenda-based 
English-language publication Today in his district. The Prefet took the 
measure following an increase in the secessionist activities in the 
region, and increased reporting of such activities.
    Security forces continued frequently to restrict press freedom by 
harassing or abusing private print media journalists.
    The Government continued to harass and arrest the high-profile 
Douala political activist, Mboua Massok (see Section 2.b.). On April 
11, members of the Douala gendarmerie detained Massok for several hours 
regarding a human rights essay he published (see Section 1.d.).
    On April 15 and 16, a gendarme patrol detained Alex Lembe, a 
journalist with Afrik Netpress and formerly with Aurore Plus, a Douala-
based, French-language weekly newspaper. The patrol had stopped Lembe 
and demanded his identity card. When the patrol commander realized he 
was a journalist, he insulted Lembe, beat him, and held him overnight 
(see Section 1.c.).
    In late June, police commissioner Jean-Joel Ondo, from the central 
provincial judicial police, detained for 2 hours two journalists of the 
Douala-based French-language tri-weekly newspaper, La Nouvelle 
Expression (see Section 1.d.). According to the journalists, the 
commissioner arrested them for chatting with two young women who were 
close to the commissioner.
    On September 15, members of the Operational Command unit arrested 
three employees of Le Messager in Douala and detained them at the 
Mboppi gendarmerie camp (see Section 1.d.). They were released the 
following day without charges.
    On November 13, security forces forcibly dispersed a march by 
opposition SDF parliamentarians in Yaounde (see Sections 2.b. and 3). 
Security forces arrested several, seized journalists' cameras, and beat 
one journalist (see Sections 1.c. and 1.d.).
    From March through May, the Government harassed some newspapers 
through fiscal means. On April 30, the Center Provincial Taxes 
Department sealed the office of the Yaounde-based French-language 
newspaper, L'Anecdote, demanding that the paper pay tax arrears of 
$280,000 (200 million CFA). According to one newspaper, the move was 
prompted by an article the paper had published in September 1999, 
accusing the wife of a senior official of the Ministry of Finance of 
involvement in the embezzlement scandal at the Ministry of Posts and 
Telecommunications, for which the Government later arrested her. On May 
19, the Government sealed the offices of the Douala-based French-
language publication Le Front Independent for one day due to non-
payment of taxes estimated at $21,000 (15 million CFA) by the Littoral 
Province Office of Taxation. In early June, the Government again sealed 
the paper's offices, claiming that arrears had jumped to $57,000 (40 
million CFA). The newspaper and the taxation office reportedly were 
negotiating a deal at year's end.
    Since 1996 the Government frequently has prosecuted its critics in 
the print media under the criminal libel laws. These laws authorized 
the Government, at its discretion and at 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. There continued to be allegations that government 
ministers and other high officials offered to drop criminal libel suits 
in exchange for cash payments from newspapers or journalists. During 
the year, the Government arrested, prosecuted, or convicted four 
members of the press on criminal libel charges. However, this practice 
declined in frequency and severity from previous years, apparently due 
in part to greater fact checking on the part of journalists.
    On April 3, the Bafoussam High Sentence Court sentenced Michel 
Eclador Pekoua, publisher of the Bafoussam-based French-language weekly 
newspaper Ouest Echoes to 6 months in jail and damages of $1150 
(800,000 CFA) for libel in a suit brought by Blanche Penda Ekoka, an 
employee of the national hydrocarbon company (SNH). On July 14, 1999, 
Ouest Echoes published a leaflet on behalf of a group of SNH employees, 
denouncing unjust working conditions and blaming the SNH General 
Manager and Penda Ekoka, said to be his girlfriend. In August 1999, 
Penda Ekoka's lawyer and the instructing magistrate demanded that 
Pekoua disclose the names of those who had written the leaflet. Pekoua 
refused, and the Government charged and convicted Pekoua with 
defamation, abuse (insulting expressions), and false reporting. On May 
2, after 30 days of detention in the Bafoussam Penitentiary, the judge 
granted provisional release to Pekoua, pending an appeal.
    On April 12, security forces arrested Severin Tchounkeu, publisher 
of the Douala-based French-language tri-weekly La Nouvelle Expression, 
and newspaper journalists Edmond Kamguia and Alain Bengono, and 
detained them in the cells of the Secretariat of State for Defense for 
3 days. The Government had filed a complaint against the paper for its 
March 31 ``April Fool's'' article that said that bandits attacked the 
gendarmerie station in Yaounde, seizing arms, and holding the gendarmes 
hostage. On April 14, the Government charged Tchounkeu and Bengono with 
``dissemination of false news'' and released them pending trial. The 
Government did not file charges against Edmond Kamguia.
    On July 19, a Douala court sentenced Daniel Atangana and Thierry 
Mbouza, two journalists of the Douala-based French-language biweekly 
Dikalo, to 6 months in prison. The publisher, Celestin Biake Difana, 
received a suspended 6-month prison term. The Douala court had 
convicted the journalists of defamation, false reporting, and the 
dissemination of false news charges, based upon Dikalo's 1998 
publication of a memorandum written by members of the National Union of 
Road Transporters (SNTR), denouncing the poor management of SNTR 
President Pierre Sime. Sime responded with a libel suit. The case was 
suspended and Dikalo was appealing previous judgments against the 
newspaper at year's end.
    No new developments were reported in the following 1999 criminal 
libel cases: The February 1999 criminal libel conviction of SDF Party 
Chairman Fru Ndi and journalists Severin Tchounkeu and Henriette Ekwe; 
the June 1999 sentencing of Severin Tchounkeu and Souley Onohiolo for 
libel and dissemination of false news; and the June 1999 sentencing of 
Anselme Mballa for criminal libel.
    The Government publishes an official newspaper, The Cameroon 
Tribune. This paper occasionally implies criticism of the Government; 
however, its reporters do not report extensively on activities or 
political parties critical of the Government, overtly criticize the 
ruling party, or portray government programs in an unfavorable light.
    Despite the large number of newspapers in the country, the 
influence of the print media on the average person is minimal. 
Circulation is low, distribution is problematic outside of Yaounde and 
Douala, and prices are high. Print media reaches only a tiny percentage 
of the population, most notably the urban elite. The Cameroon Tribune 
has a print run of only about 5,000; the four most important opposition 
papers Dikalo, Le Messager, Mutations, and Nouvelle Expression, have 
print runs of between 5,000 and 10,000 each.
    Radio remains the most important medium for reaching most citizens. 
There are approximately 2 million radios in the country. Television is 
less pervasive but is still more influential than the print media. 
There are an estimated 300,000 to 400,000 television sets in the 
country, and viewership is high, since many persons watch television in 
extended family groups or together in commercial establishments.
    On April 3, the Government issued a decree that implements the 1990 
law liberalizing the broadcast media and sets out the conditions and 
procedures for establishing independent radio and television stations. 
Rural radio stations must submit an application to broadcast but are 
exempt from fees. Potential commercial radio and television 
broadcasters must submit a licensing application and pay a fee when the 
application is approved. The annual licensing fees stipulated in the 
decree potentially are prohibitive: $15,600 (10 million CFA) for radio 
broadcasters, $73,000 (50 million CFA) for local television stations, 
and $146,000 (100 million CFA) for national television stations. 
Nonetheless, the Ministry of Communication received more than a hundred 
applications from potential broadcasters.
    Five Yaounde-based private radio stations that previously had been 
broadcasting illegally submitted applications and paid an interim fee 
of $727 (500,000 CFA). The Government authorized them to continue 
broadcasting, pending final approval of their application and 
subsequent payment of the full licensing fee. Of these stations, two 
are religious: The Pentecostal ``Radio Bonne Nouvelle'' and ``Radio 
Reine,'' which is managed by a Catholic priest, though not officially 
sponsored by the Catholic Church. Two others are affiliated with 
private non-accredited academic institutions: NDI Samba University's 
``Radio Lumiere'' and the Siantou University's ``Radio Siantou.'' The 
fifth station is ``Radio Venus,'' which plays only music. A small 
number of radio stations that had been broadcasting illegally including 
``Radio Soleil,'' which broadcasts from the Muslim quarter of Yaounde, 
did not apply for licenses, claiming the fees are too high. The 
Government has not yet acted against these operators.
    The state-owned Cameroon Radio and Television (CRTV) broadcasts on 
both television and radio and is currently the only officially-
recognized and fully-licensed broadcaster in the country. The 
Government levies taxes on all registered taxpayers to finance CRTV 
programming, giving it a distinct advantage over newly-competing 
independent broadcasters.
    There are several low-power, rural community radio stations mostly 
funded by foreign countries, with extremely limited range, which 
broadcast educational programs to small audiences but are not allowed 
to discuss politics. In addition this year's decree allows for 
broadcasting of foreign news services but requires them to form a 
partnership with a national station. Radio France International and the 
British Broadcasting Corporation (BBC) have announced their intention 
to work with CRTV and hope to begin broadcasting in 2001.
    During the year, the Government continued to allow the reception of 
international cable and satellite television broadcasts (see Section 
1.f.).
    Like the Cameroon Tribune, CRTV provides broad reporting of CPDM 
functions, while giving relatively little attention to the political 
opposition. CRTV management, which in the past repeatedly has 
instructed CRTV staff to ensure the Government views prevail at all 
times in CRTV broadcasts, continued during the year to punish CRTV 
journalists who criticized government policy. In late May, CRTV 
censored a program concerning the Douala Operational Command, the 
security unit instituted to fight Douala city crime. CRTV had started 
broadcasting the program, including portions that reported public 
allegations of arbitrary arrests, torture, and extortion. The 
Government censored the second part of the program before it was 
broadcast, allegedly because the first part had caused some 
embarrassment to the military hierarchy and the Government. In November 
CRTV suspended two journalists for broadcasting a program that 
criticized members of the ruling party for their lifestyles.
    CRTV television and radio programming include a weekly program, 
Expression Directe, which ostensibly fulfills the Government's legal 
obligation to provide an opportunity for all political parties 
represented in the National Assembly to present their views. However, 
CRTV continued to restrict the opposition SDF party's freedom of 
expression through that program, occasionally censoring and 
significantly shortening proposed SDF programming. For example, on 
March 9 and 22, the General Manager of CRTV censored SDF submissions, 
arguing that the content of the programs violated provisions of the 
law. Both CRTV and the SDF appealed to the National Council on 
Communication, the regulatory organ for communication, for support. 
There was no report of a ruling or decision by the National Council on 
Communication by year's end.
    High-tech communications, including the Internet, e-mail, and 
satellite phones, are not available or utilized widely; however, a few 
cybercafes provide occasional Internet or e-mail access in some urban 
areas. There are at least six domestic Internet service providers, one 
of which has been in operation for 3 years. Some are privately owned. 
The Government has not attempted to restrict or monitor these forms of 
communications.
    Although there are no legal restrictions on academic freedom, state 
security informants operate on university campuses. Many professors 
believe that adherence to opposition political parties can affect 
adversely their professional opportunities and advancement. Free 
political discussion at the University of Yaounde is dampened by the 
presence of armed government security forces. Security forces subjected 
Dr. Charley Mejame Ejede, a professor of philosophy at the University 
of Douala who is also national secretary of the Liberal Democratic 
Alliance political party, to prolonged harassment, presumably due to 
his political activism in previous years; however, there were no 
reports of such harassment during the year. Security forces forcibly 
dispersed some student protests during the year (see Section 2.b.).
    b. Freedom of Peaceful Assembly and Association.--The law provides 
for freedom of assembly; however, the Government restricts this right 
in practice. The law requires organizers of public meetings, 
demonstrations, or processions to notify government officials in 
advance; it 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, for many years 
government officials routinely have asserted that this provision of the 
Penal Code implicitly authorizes the Government to grant or deny 
permission to public assemblies, often have not granted permits to 
assemblies organized by persons or groups critical of the Government, 
and repeatedly have used force to suppress public assemblies whose 
organizers submitted advance notice as required by law but for which 
government authorities did not issue permits. The Government continued 
to allow opposition political parties greater freedom of assembly.
    In early January, two administrative orders banned all political 
activities in Buea and Limbe, Fako Division, Southwest Province, 
following a series of secessionist activities in December 1999. On 
January 8 and 9, in Limbe, Southwest Province, the Government arrested 
several demonstrating members of the SCNC, including the rally's leader 
Justice Frederick Ebong and two of his associates (see Section 1.d.). 
Approximately 25 SCNC members marched and raised the flag of the 
``Federal Republic of the Southern Cameroons.'' The march followed the 
December 1999 announcement by the SCNC that proclaimed the independence 
of two southern provinces.
    On January 27, security forces intervened in a student strike at 
the University of Douala. The students went on strike on January 18 to 
demand changes at the university. The police used water cannons and 
nightsticks on the students, and beat several students severely (see 
Section 1.c.). Police also arrested several students and detained them 
for 2 days (see Section 1.d.). Political activist Mboua Massok also was 
arrested near the campus for his apparent support of the strike (see 
Section 1.d.).
    In early March, the Prefet (Senior Divisional Officer) of 
Bangangte, Nd Division, West Province, ordered the arrest of Catherine 
Yami and Roger Tankeu, respectively the SDF president for the Basssamba 
electoral district, and the SDF West provincial coordinator (see 
Section 1.d.). The two leaders had tried to prevent gendarmes from 
dispersing a duly declared meeting in the district.
    On March 30, Pierre Minlo, the Delegate General for National 
Security (DGSN) in Yaounde, banned three peaceful marches by the Union 
of Cameroon Democratic Forces (UFDC), an opposition party. The UFDC 
wanted to protest against growing crime in Yaounde and had declared to 
the sub-divisional officers (sous-prefets) in the three affected 
neighborhoods their intent to march. In his communique, the DGSN stated 
that the UFDC had no right to march because it was not represented at 
the National Assembly, a requirement which does not exist in any of the 
laws regulating public meetings and processions.
    On March 30, the Government banned a press conference by five SDF 
mayors in Douala suburbs, and police officers from the Douala First 
Police District barred entry to journalists and participants. According 
to the commissioner leading the squad, authorities banned the 
conference because they feared it might disturb public order; the 
commissioner made this deduction because the mayors allegedly refused 
to disclose what they planned to say at the press conference.
    On May 23, police and gendarmes forcibly dispersed a demonstration 
by students of the University of Yaounde, in which students protested 
the poor road conditions that killed 14 persons in a May 17 bus 
accident. Police arrested approximately 50 students and severely beat 
several of them (see Sections 1.c. and 1.d.).
    On November 13, security forces forcibly dispersed a march by 
opposition SDF parliamentarians in Yaounde. The Governor of the Center 
Province had banned the march on November 7. The parliamentarians 
marched to highlight the need for an independent electoral commission 
(see Section 3). Security forces arrested several marchers, seized 
journalists' cameras and beat one journalist (see Sections 1.c. and 
2.a.). On November 24 in Yaounde, security forces dispersed a similar 
protest by several dozen SDF parliamentarians; the SDF did not seek 
Government approval for the march as required under the law. No arrests 
were made.
    The law provides for freedom of association, and the Government 
generally respected this right in practice during the year, although 
there were some exceptions. The conditions for government recognition 
of a political party, a prerequisite for many political activities, 
were not onerous. Over 150 political parties operated legally, together 
with a large and growing number of civic associations. However, in past 
years, the Government has been suspected widely of fomenting splits in 
the main opposition party, the SDF. Some members of the SCNC claim that 
the Government encourages splits within the organization as a way of 
undercutting the group's secessionist message.
    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government generally respects this right in practice.
    Relations between the State and religious groups are governed 
chiefly by the Law on Religious Congregations. Religious groups must be 
approved and registered with the Ministry of Territorial Administration 
in order to function legally; there were no reports that the Government 
refused to register any group. It is illegal for a religious group to 
operate without official recognition, but the law prescribes no 
specific penalties for doing so. Although official recognition confers 
no general tax benefits, it allows religious groups to receive real 
estate as gifts and legacies for the conduct of their activities. In 
order to register, a religious denomination must fulfill the legal 
requirement to qualify as a religious congregation. This definition 
includes ``any group of natural persons or corporate bodies whose 
vocation is divine worship'' or ``any group of persons living in 
community in accordance with a religious doctrine.'' The denomination 
then submits a file to the Minister of Territorial Administration. The 
file must include a request for authorization, a copy of the charter of 
the group that describes planned activities, and the names and 
respective functions of the officials of the group. The Minister 
studies the file and sends it to the presidency with a recommendation 
for a positive or negative decision. The President generally follows 
the recommendation of the Minister, and authorization is granted by a 
presidential decree. The approval process usually takes several years, 
due primarily to administrative slowness. The only religious groups 
known to be registered are Christian and Muslim groups and the Baha'i 
Faith, but other groups may be registered. The Ministry has not 
disclosed the number of registered denominations, but the number of 
registered religious groups is estimated to be in the dozens. The 
Government does not register traditional religious groups, on the 
grounds that the practice of traditional religions is not public but 
rather private to members of a particular ethnic or kinship group, or 
to the residents of a particular locality.
    The sites and personnel of religious institutions were not exempt 
from the widespread human rights abuses committed by government 
security forces. On April 20, government security forces reportedly 
attacked the parish of Notre Dame de Sept Douleurs in Douala during a 
Mass. Security forces reportedly arrested some parishioners and beat 
others (see Sections 1.c. and 1.d.). On April 24, the Ministry of 
National Education announced the suspension of two teachers of the 
Bertoua technical high school. The two teachers were accused of having 
``enticed'' some of their students into their religious group.
    In January 1998, an undisclosed number of personnel of the 21st 
Navy Battalion, allegedly broke into a church in Douala, beat and 
stabbed the priest and several youths, raped young women, and stole 
funds. On February 22, the Douala Military Tribunal convicted the 
personnel of breach of orders causing bodily harm and destruction. The 
tribunal sentenced them to 1-year imprisonment with no possibility of 
remission.
    Disputes within registered religious groups about control of places 
of worship, schools, real estate, or financial assets are resolved in 
the first instance by the executive branch rather than by the 
judiciary.
    Government officials criticized and questioned criticisms of the 
Government by religious institutions and leaders, but there were no 
reports that Government officials used force to suppress such 
criticism.
    The practice of witchcraft is a criminal offense under the national 
penal code; however, persons generally are prosecuted for this offense 
only in conjunction with some other offense, such as murder. Witchcraft 
traditionally has been a common explanation for diseases of which the 
causes were unknown.
    There was a media report that in September 1999 traditional 
authorities in Lobe, in Ndian Division of the Southwest Province, 
banished from the locality six persons, including one blind man, 
accused of having killed a woman by practicing witchcraft. According to 
the report, a traditional court tried the accused by requiring them to 
drink poison that traditionally is believed to kill only those who lie 
to the court, convicted the accused when they refused to drink, ordered 
them to pay inkind, bloodprice damages, and expelled them from the 
locality when they refused to pay. The accused reportedly filed a 
protest with the divisional officer of the central Government; however, 
initial investigations could not confirm this report.
    d. Freedom of Movement Within the Country, Foreign Travel, 
Emigration, and Repatriation.--The law does not restrict freedom of 
movement within the country; however, in practice government security 
forces routinely impede domestic travel. Police frequently stop 
travelers to check identification documents, vehicle registrations, and 
tax receipts as security and immigration control measures. Police 
commonly demand bribes from citizens whom they stop at roadblocks or at 
other points.
    Roadblocks and checkpoints manned by security forces have 
proliferated in cities and most highways and make road travel both 
time-consuming and costly, since extortion of small bribes is 
commonplace at these checkpoints. In past years, violent and sometimes 
fatal confrontations have occurred repeatedly at such checkpoints when 
travelers would not or could not pay the bribes demanded by the 
security forces.
    There were credible reports that police arrested and beat 
individuals who failed to carry their identification cards (see 
Sections 1.c., 1.d., and 1.f.).
    The law contains provisions for granting refugee status in 
accordance with the 1951 U.N. Convention Relating to the Status of 
Refugees and its 1967 Protocol. The Government cooperates with the 
office of the U.N. High Commissioner for Refugees (UNHCR) and other 
humanitarian organizations in assisting refugees. The country has long 
been a safe haven for displaced persons and refugees from nearby 
countries. The Government provides first asylum to persons who arrive 
at the border without documentation but who can show a valid claim to 
refugee status. The UNHCR estimated that there were about 47,000 
refugees in the country for whom Cameroon was a country of first 
asylum. However, some NGO's claim that the number is as high as 60,000. 
The majority of these persons are Chadians, whose total number was 
estimated to be more than 41,000. In May 1999, the UNHCR began a 
repatriation program for Chadian refugees. The remaining refugees 
principally were from Rwanda, Burundi, and the Democratic Republic of 
the Congo, with small numbers from Liberia, Sudan, and Ethiopia. The 
Government accepts for resettlement refugees who are granted refugee 
status by the UNHCR.
    In 1997 government security forces detained 13 former senior 
military officers of Equatorial Guinea who had been granted refugee 
status by the UNHCR and had lived in the country for 4 years (see 
Section 1.d.). In August 10 of the 13 refugees from Equatorial Guinea 
detained at a military base since 1998 left for refugee resettlement in 
another country. Three refugees disappeared before they could depart 
(see Section 1.b.); however, they were believed to have returned 
voluntarily to Equatorial Guinea or to have established unofficial 
residence in the country.
    Some illegal immigrants have been subjected to harsh treatment and 
imprisonment. In August Bassy Okon Edet, a Nigerian fisherman released 
after 7 days of incarceration by gendarmes (see Section 1.d.), claimed 
that security forces continue to hold other Nigerians for fishing in 
waters close to the disputed Bakassi Peninsula. Communities of 
Nigerians and Chadians often have been the targets of police and 
gendarme harassment. During raids, members of the security forces often 
extort money from those who do not have regular residence permits or 
those who do not have valid receipts for store merchandise (see Section 
5).
    There were no confirmed reports of the forced return of persons to 
a country where they feared persecution. Although the Government 
occasionally returns illegal immigrants, there were no reports of 
forced repatriation of recognized refugees.

Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The Constitution provides that citizens have the right to change 
their government, but dominance of the political process by the 
President and his party limits the ability of citizens to exercise this 
right. President Paul Biya has controlled the Government since 1982 and 
the ruling party since 1985. The 1992 and 1997 presidential elections 
and the 1997 legislative contests were criticized widely and viewed as 
fraudulent by international and domestic observers. In these elections, 
which were administered by the Ministry of Territorial Administration, 
members of largely pro-opposition ethnic groups and inhabitants of 
largely pro-opposition localities effectively were prevented from 
registering or voting, registration and vote counting procedures were 
not transparent, a public announcement of results was delayed, and the 
number of votes cast in some progovernment areas exceeded the adult 
population.
    Elections are held by balloting that officially is described as 
secret but may permit voters to leave the polling place with evidence 
of how they voted. At polling places on election day, registered 
citizens receive a package containing one card for each candidate. 
While alone inside a closed booth, citizens choose a ballot and seal it 
into an envelope. Citizens then exit the booth and vote by depositing 
the sealed envelope into a ballot box. Polling officials are supposed 
to provide a method by which voters can dispose of the unused ballots 
privately before exiting the closed booth, but this rarely was done in 
the 1996 or 1997 elections.
    Following the flawed 1997 legislative elections, international 
observers endorsed a series of reform measures, including the creation 
of a permanent and autonomous electoral commission to replace the 
present system of elections run by the Ministry of Territorial 
Administration. The Government's control of the electoral process leads 
to a variety of abuses including preelection manipulation of voter 
registration lists.
    President Biya's October 1997 reelection was marred by serious 
procedural flaws as well as by a boycott by the three major opposition 
parties. While the boycott made the outcome a foregone conclusion, most 
observers nonetheless considered the contest to be neither free nor 
fair. Election irregularities especially were egregious in opposition 
strongholds, where boycotting opposition activists chose not to be 
present to monitor the voting count.
    In December 1997, after the Supreme Court announced the official 
election results declaring President Biya the winner with 92.57 percent 
of the vote, the UNDP, which previously had been an opposition party, 
joined the CPDM in a coalition government. The new ruling coalition 
also included a faction of the UPC party, which was not the same 
faction that had participated in previous CPDM-dominated coalition 
governments under President Biya.
    In 1998 talks between the ruling CPDM party and the leading 
opposition party, the SDF, broke down over the issue of creating an 
independent electoral commission, as recommended by most international 
observers of the 1992 and 1997 Presidential elections. The SDF demanded 
such a commission but the CPDM initially refused to grant this demand; 
however, on December 13, the National Assembly passed legislation to 
create a National Election Observatory (NEO) to monitor all stages of 
the electoral process; however, the legislation was not implemented by 
year's end.
    The Biya administration has proven particularly intolerant of 
opposition from within its Beti/Bulu ethnic-regional base in the Center 
Province. Following the unexpectedly strong showing of opposition 
parties in the region in the 1996 municipal elections, Titus Edzoa, a 
ruling CPDM member from the southern part of the country, a former 
Minister of Health, and a longtime presidential aide, declared himself 
a candidate to oppose incumbent President Biya in the October 1997 
election. Edzoa and his campaign manager were arrested shortly after he 
declared his candidacy and before the election was held. They were 
sentenced to 15 years' imprisonment on embezzlement and corruption 
charges and remained incarcerated at year's end (see Section 1.e.).
    The President's control over the country's administrative apparatus 
is extensive. The President appoints all Ministers, including the Prime 
Minister, who serve at the President's pleasure. The President also 
directly appoints the governors of each of the 10 provinces. The 
governors wield considerable power in the electoral process, 
interpreting the laws and determining how these should be implemented. 
The President also has the power to appoint important lower level 
members of the 58 provincial administrative structures, including the 
senior divisional officers, the divisional officers, and the district 
chiefs. The governors and senior divisional officers wield considerable 
authority within the areas under their jurisdiction, including, 
significantly, the authority to ban political meetings that they deem 
likely to threaten public order. They also may detain persons for 
renewable periods of 15 days to combat banditry and other security 
threats.
    The 1996 amendments to the 1972 Constitution retained a strongly 
centralized system of power, based on presidential authority. However, 
the amendments imposed a limit of two 7-year (in place of unlimited 5-
year) terms on the President. They provided for the creation of a 
partially elected (70 percent) and partially appointed (30 percent) 
senate, along with the creation of a similarly constituted set of 
provincial assemblies with limited power over local affairs. Although 
promulgated by the President in January 1996, the senate and regional 
council amendments have not yet been implemented.
    Citizens' right to choose their local governments remained 
circumscribed. In 1996 the Government held local government elections 
that were unprecedented in the Francophone region and the first such 
elections since the 1960's in the Anglophone region. These elections 
were for mayors or deputy mayors and council members in Douala, 
Yaounde, provincial capitals, and some division capitals. President 
Biya first promised such elections in 1992, but postponed them twice. 
In the meantime, the Government greatly increased the number of 
municipalities run by presidentially-appointed delegates, who have 
authority over elected mayors. Delegate-run cities, of which there were 
only four in 1992, by 1996 included most of the provincial capitals and 
some division capitals in pro-opposition provinces, but not in the 
southern provinces that had tended to support the CPDM. In 1998 a 
60member Committee on Good Governance, created by the Government, 
publicly recommended that the Government eliminate the position of 
delegate in order to allow elected local officials to manage municipal 
governments more freely. Even in municipalities with elected mayors, 
local autonomy is limited, since elected local governments must rely on 
the central Government for most of their revenues and their 
administrative personnel.
    Like the 1992 National Assembly elections, the 1996 municipal 
elections were less flawed than other elections held since 1990. 
Foreign observers considered the elections largely free and fair, 
having detected few instances of malfeasance during or after the 
voting; however, opposition parties credibly alleged systematic 
preelection government manipulation of the registration lists and 
arbitrary government disqualification of their candidates, especially 
in the south. Government election authorities acknowledged that 
opposition candidates won 104 of the 336 offices at stake. Ninety-six 
contests in which the Government declared the ruling party candidate 
the winner were appealed to the Supreme Court, which declared itself 
unqualified to adjudicate many of these complaints, but nullified the 
results of 18 elections, which it ordered the Government to hold again. 
As of year's end, the Government had not complied with any of these 
Supreme Court orders.
    There were no new developments in the 1999 criminalized civil libel 
case against SDF Party Chairman John Fru Ndi by a disgruntled former 
SDF official. Fru Ndi's February 1999 felony conviction still is 
pending an appeal in the Yaounde High Court. Some observers believe 
that Fru Ndi's conviction might enable the Government in the future to 
disqualify him for any public office for which he may seek to run.
    Women are underrepresented in government and politics. There are no 
laws that specifically prohibit women or members of minorities from 
participating in government, in the political process, or in other 
areas of public life. Women hold 4 of 50 cabinet posts, 10 of 180 seats 
in the National Assembly, and few of the higher offices of major 
political parties, including the CPDM.
    Many of the key members of the Government are drawn from the 
President's own Bulu/Beti ethnic group, as are disproportionately large 
numbers of military officers and CPDM officials. Members of some of the 
other 200 ethnic groups hold 30 cabinet seats, compared with 18 cabinet 
positions held by members of the President's ethnic group.

Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    Domestic and international human rights monitoring groups generally 
have considerable latitude to operate. A large number of independent 
human rights monitoring groups exist, although the activities of 
virtually all are limited by a shortage of funds and trained personnel. 
The Government did not formally prevent human rights monitors from 
operating. In the past, the Government used its authority to approve or 
withhold official recognition of NGO's, but there have been no recent 
cases in which such recognition was withheld. However, Government 
officials repeatedly impeded the effectiveness of human rights NGO's by 
limiting access to prisoners, by refusing to share information, and 
increasingly by threatening and using violence against personnel of 
human rights NGO's (see Sections 1.c. and 1.d.).
    Domestic human rights NGO's include the National League for Human 
Rights, the Organization for Human Rights and Freedoms, the Association 
of Women Against Violence, the Cameroonian Association of Female 
Jurists, the Cameroonian Association for Children's Rights, Conscience 
Africaine, the Movement for the Defense of Human Rights and Liberties 
(MDHRL), the Human Rights Defense Group, the National Association of 
Nontribalists and Nonracists, the Committee of Action for Women's and 
Children's Rights (CADEF), the Human Rights Clinic and Education 
Center, the Association of Women against Violence, the Cameroon 
National Association for Family Welfare (CAMNAFAW), Tribes Without 
Frontiers (TSF), the Association for the Promotion of Communal 
Initiatives, and the League for Rights and Freedoms (LDL). A number of 
these groups issued press releases or reports detailing specific human 
rights violations. Many held seminars and workshops on various aspects 
of human rights.
    In 1999 the Government generally cooperated with the U.N. Special 
Rapporteur for Human Rights on a visit to the Far North Province, but 
Colonel Pom's special antigang gendarmerie unit denied him access to 
its holding cells (see Section 1.c.). In 1999 the Government allowed 
the ICRC, for the first time in 7 years, to generally have unrestricted 
access to all prisons and detention places and to hold private 
discussions with inmates.
    The governmental NCHRF, although hampered by a shortage of funds, 
conducted a number of investigations into human rights abuses, visited 
prisons, and organized several human rights seminars aimed at judicial 
officials, security personnel, and other government officers. Although 
the Commission infrequently condemned the Government's human rights 
abuses publicly, its staff intervened with government officials in 
specific cases of human rights harassment by security forces, attempted 
to stop Friday arrests (see Section 1.d.), and attempted to obtain 
medical attention for jailed suspects in specific cases. The law 
prohibits the NCHRF from publishing information on specific human 
rights cases. However, it may and does submit reports on specific 
alleged abuses to the government authorities directly involved, along 
with recommendations for improving conditions or punishing violators. 
During the year, the NCHRF sent teams to Douala to investigative 
allegations of extrajudicial killings by the Operational Command (see 
Section 1.a.). Although the Commissioner sent two reports to the 
President and the Prime Minister, there are no plans to release the 
reports publicly.

Section 5. Discrimination Based on Race, Sex, Religion, Disability, 
        Language, or Social Status
    The Constitution does not explicitly forbid discrimination based on 
race, language, or social status. The Constitution prohibits 
discrimination based on sex and mandates that ``everyone has equal 
rights and obligations,'' but the Government does not enforce these 
constitutional provisions effectively.
    Women.--Violence against women remains high. Women's rights 
advocates report that the law does not impose effective penalties 
against men who commit acts of domestic violence. There are no 
genderspecific assault laws, despite the fact that women are the 
predominant victims of domestic violence. Spousal abuse is not a legal 
ground for divorce. In cases of sexual assault, a victim's family or 
village often imposes direct, summary punishment on the suspected 
perpetrator through extralegal means ranging from destruction of 
property to beating. While there are no reliable statistics on violence 
against women, the large number of newspaper reports, which observers 
believer are a fraction of actual incidents indicates that it is 
widespread.
    Despite constitutional provisions recognizing women's rights, women 
do not, in fact, enjoy the same rights and privileges as men. Civil law 
theoretically provides equal status and rights for men and women; 
however, no legal definition of discrimination exists, and some points 
of civil law are prejudicial to women. The 1981 Civil Code allows a 
husband to oppose his wife's right to work in a separate profession if 
the protest is made in the interest of the household and the family. 
While the law gives a woman the freedom to organize her own business, 
the Commercial Code allows a husband to end his wife's commercial 
activity by notifying the clerk of the commerce tribunal of his 
opposition based upon the family's interest. Partly for this reason, 
some employers require a husband's permission before they hire a woman. 
Polygyny is permitted by law and tradition, but polyandry is not. In 
cases of divorce, the husband's wishes determine the custody of 
children over the age of 6. While a man may be convicted of adultery 
only if the sexual act takes place in his home, a female may be 
convicted without respect to venue.
    Civil law offers a more equal standard than customary law, which is 
far more discriminatory against women, since in many regions a woman 
customarily is regarded as the property of her husband. Because of the 
importance attached to customs and traditions, laws protecting women 
often are not respected. Despite the law that fixes a minimum age of 15 
years for a bride, many girls are married off by their families by the 
age of 12. In the customary law of some ethnic groups, husbands not 
only maintain complete control over family property, but also can 
divorce their wives in a traditional court without being required to 
provide either verifiable justification or alimony. Traditional law 
normally governs the extent to which a woman may inherit from her 
husband in the absence of a will, and customs vary from group to group. 
In many traditional societies, custom grants greater authority and 
benefits to male than to female heirs. Another problem facing women is 
forced marriage; in some regions, girls' parents can and do give them 
away in marriage without their consent. Often, the husband, who is 
sometimes many years older than the girl, pays a bride's parents a 
``bride price.'' Since a price has been paid, the girl is considered 
the property of the husband. When a married man dies, his widow often 
is unable to collect any inheritance, since she herself is considered 
part of the man's property. Often the widow is forced to marry one of 
the deceased's brothers. Refusal means that she must repay the bride 
price in full (she usually has no source of funds) and leave the family 
property. In the northern provinces, some Lamibe (traditional rulers) 
reportedly prevent their wives and concubines from leaving their 
palaces. The lack of a national legal code covering the family leaves 
women defenseless against male-oriented customs.
    Children.--The Constitution provides for a child's right to 
education, and schooling is mandatory through the age of 14. After 
almost a decade of budget cuts for education, the Government took 
measures during the year to improve access to schools. In February 
President Biya announced the elimination of tuition fees for public 
elementary schools. In June the National Assembly passed a budget bill 
that increased spending on national education by 49 percent. 
Nonetheless, education spending during the 1999/2000 fiscal year was 
only approximately 2 percent of GDP. Since parents must pay uniform and 
book fees for primary school, and because tuition and other fees for 
secondary education remain even more costly, education remains 
unaffordable for many children. According to 1998 Government 
statistics, approximately 3.5 million children, about 81 percent of all 
children, were enrolled in school. In practice although not in law, 
girls suffer from discrimination in access to education. The gap in 
school attendance rates between boys and girls is 9 percent nationally 
and 14 percent in the three northern provinces. This problem, which is 
especially acute in rural areas, results in higher levels of illiteracy 
among women than among men. According to a 1995 study by a U.N. agency, 
the adult literacy rate was 75 percent for men but only 52 percent for 
women. In addition fewer girls are found at higher levels of education; 
according to a 1992 study by the Ministry of Women's Affairs, women 
made up only 23 percent of postsecondary students.
    While the Government has closed unlicensed primary and secondary 
schools in the past, there were no reports of such closings this year.
    Female genital mutilation (FGM), which has been condemned by 
international health experts as damaging to both physical and 
psychological health, is not practiced widely, but it is traditional 
and continues to be practiced in some areas of Far North and Southwest 
Provinces. It includes the most severe form of the abuse, infibulation, 
and usually is practiced on preadolescent girls. The Government has 
criticized the practice; however, no law prohibits FGM.
    The degree of familial child abuse is not known but is one of 
several targeted problems of children's rights organizations. During a 
crime wave in the country's largest cities of Yaounde and Douala, 
newspaper reports often cited children as victims of kidnapping, 
mutilation, and even infanticide. There were several credible stories 
of mothers (usually young, unemployed, and unmarried) abandoning 
newborns in streets, garbage cans, and pit toilets. The Yaounde-based 
Center for Helpless Children, created by the Minister of Social Affairs 
in 1997, currently harbors 24 abandoned or abused children, only a 
fraction of the suspected cases of abuse, abandonment, or neglect.
    Reports also indicate an alarming trend in the country's prisons of 
incarcerating juvenile offenders with adult prisoners, occasionally in 
the same cells or wards (see Section 1.c.). There are credible reports 
of sexual abuse of juvenile prisoners by adult inmates. The law 
specifies that children should not be detained without trial beyond 3 
months after an investigation, but the Government detains children for 
longer periods of time. In June press sources indicated that between 34 
and 38 children are detained in the Douala New Bell Prison. Some 
children (particularly infants) are jailed with their detained mothers.
    There were reports of forced child labor, child prostitution, and 
trafficking in children during the year (see Sections 6.c., 6.d., and 
6.f.).
    People with Disabilities.--A 1983 law and subsequent implementing 
legislation provide certain rights for persons with disabilities. These 
include access to public institutions, medical treatment, and 
education. The Government is obliged to bear part of a disabled 
person's educational expenses, to employ disabled persons where 
possible, and, as necessary, to provide them with public assistance. 
However, these rights in fact rarely are respected. There are few 
facilities for disabled persons and little public assistance of any 
kind. Lack of facilities and care for the mentally disabled is 
particularly acute. In recent years, the Government reportedly has 
reduced the share of its expenditures that benefit disabled persons and 
has terminated subsidies to NGO's that help disabled persons. Society 
tends to treat the disabled as tainted, leaving churches or foreign 
NGO's responsible for providing assistance. However, there is no 
widespread societal discrimination against the disabled. The law does 
not mandate special access provisions to buildings and facilities for 
the disabled.
    Indigenous People.--A population of perhaps 50,000 to 100,000 Baka 
(Pygmies), a term that encompasses several different ethnic groups, 
primarily reside in the forested areas of the South and East provinces, 
of which Pygmies were the earliest known inhabitants. While no legal 
discrimination exists, other groups often treat Pygmies as inferior and 
sometimes subject them to unfair and exploitative labor practices. 
There have been credible reports of Pygmies being forced out of their 
homes by logging companies and security forces. There continued to be 
reports that Pygmies complain that the forests they inhabit are being 
logged without fair recompense for the negative consequences suffered 
by the Pygmies of the region. Some observers believe that sustained 
logging is destroying the Pygmies' unique, forest-oriented belief 
system, forcing them to adapt their traditional social and economic 
systems into a more rigid modern society similar to their Bantu 
neighbors. Some local activists also criticized possible effects from 
the Chad-Cameroon pipeline on nearby pygmy settlements.
    Religious Minorities.--Approximately 40 percent of the population 
are at least nominally Christian, about 20 percent are at least 
nominally Muslim, and about 40 percent practice traditional indigenous 
religions or no religion. Of Christians, approximately half are 
Catholics, and about half are affiliated with Protestant denominations. 
Christians are concentrated chiefly in the southern and western 
provinces; the two Anglophone provinces of the western region largely 
are Protestant; and the Francophone provinces of the southern and 
western regions largely are Catholic. Muslims are concentrated mainly 
in the northern provinces, where the locally dominant Fulani (or Peuhl) 
ethnic group is overwhelmingly Muslim, and other ethnic groups, known 
collectively as the Kirdi, generally are partly Islamicized. The Bamoun 
ethnic group of the western provinces is also largely Muslim. 
Traditional indigenous religions are practiced in rural areas 
throughout the country but rarely are practiced publicly in cities, in 
part because many such religions are intrinsically local in character.
    Relations among different religious groups generally are amicable; 
however, some religious groups face societal pressures within their 
regions. In the northern provinces, especially in rural areas, societal 
discrimination by Muslims against persons who practice traditional 
indigenous religions is strong and widespread. Some Christians in rural 
areas of the north complain of discrimination by Muslims, but this 
reported discrimination may reflect ethnic as much as religious 
differences. The northern region suffers from ethnic tensions between 
the Fulani, a Muslim group that conquered most of the region 200 years 
ago, and the Kirdi, the descendents of groups that practiced 
traditional indigenous religions and whom the Fulani conquered or 
displaced, justifying their conquest on religious grounds. Although 
some Kirdi subsequently have adopted Islam, the Kirdi remain socially, 
educationally, and economically disadvantaged relative to the Fulani in 
the three northern provinces. The slavery still practiced in parts of 
the north is reported to be largely enslavement of Kirdi by Fulani (see 
Section 6.c.).
    In the past, there have been occasional reports of isolated 
conflict between Christians and practitioners of traditional indigenous 
religions; however, no specific incidents or violence stemming from 
religious discrimination were reported this year.
    National/Racial/Ethnic Minorities.--The population is divided into 
more than 200 ethnic groups, among which there are frequent and 
credible allegations of discrimination. Members of virtually all ethnic 
groups commonly provide preferential treatment to fellow members when 
they are able to do so. Ethnic-regional differences continue to pose 
obstacles to political and economic liberalization.
    Members of President Biya's Bulu ethnic group and of closely 
related Beti groups of southern parts of the country are represented 
disproportionately and hold key positions in government, the civil 
service, state-owned businesses, the security forces, the military, and 
the ruling CPDM party. The large size and centralized character of the 
public sector has long been perceived widely to favor these groups. 
Prospective economic and political liberalization is widely perceived 
as being likely to harm these groups, and to favor other groups, such 
as the large Bamileke and Anglophone ethnic-cultural groups of the 
west, whose members tend to be more active in private commerce and 
industry and have tended to support the SDF since the legalization of 
opposition parties. Since 1990 natives of the two Anglophone provinces, 
the Northwest and Southwest Provinces, have suffered disproportionately 
from human rights violations committed by the Government and its 
security forces (see Sections 1.c., 1.d., and 1.e.); have been 
underrepresented in the public sector; and generally believe that they 
have not received their fair share of public sector goods and services. 
Since the flawed 1992 presidential election (see Section 3), many 
residents of the Anglophone region have sought to achieve greater 
freedom, greater equality of opportunity, and better government, at 
least partly by regaining regional autonomy rather than through 
nationwide political reform. They have formed several quasipolitical 
organizations to pursue that goal.
    At least one Anglophone group, the SCNC, advocates secession from 
the country. Subsequent to SCNC secessionist incidents in 1999, such 
activity calmed considerably during the year; however, the Government 
continued to hold some SCNC activists or suspected SCNC supporters in 
jail without trial (see Sections 1.c., 1.d., and 1.e.). The opposition 
SDF party (whose base of support rests in the Anglophone provinces) 
reiterated its commitment to pursuing nonviolent political struggle to 
restore a federal republic.
    Northern areas of the country suffer from ethnic tensions between 
the Fulani (or Peuhl), a Muslim group that conquered most of the region 
200 years ago, and the ``Kirdi,'' the descendants of diverse groups who 
then practiced traditional indigenous religions and whom the Fulani 
conquered or displaced, justifying their conquest on religious grounds. 
Although some Kirdi subsequently have adopted Islam, the Kirdi remain 
socially, educationally, and economically disadvantaged relative to the 
Fulani in the three northern provinces. Traditional Fulani rulers 
(Lamibe) continue to wield great power over their subjects, often 
including Kirdi, sometimes subjecting them to tithing and forced labor 
(see Section 6.c.). The slavery still practiced in northern parts of 
the country is reported to be largely enslavement of Kirdi by Fulani. 
Although the UNDP party is based largely in the Fulani community, the 
ruling CPDM party has long been perceived widely to represent Fulani as 
well as Beti-Bulu interests.
    During the 1990's, local-language broadcasts by 
governmentcontrolled regional radio stations in southern areas of the 
country, as well as private French-language newspapers with close ties 
to leading government and CPDM figures, broadcast or printed anti-
Bamileke and anti-Anglophone commentaries; however, there were no 
reports of these types of commentaries during the year.
    Members of the country's large community of Nigerian immigrants 
often complain of illegal discrimination and even persecution by 
elements of the Government (see Section 2.d.). Government officials 
repeatedly have announced crackdowns on undocumented Nigerian 
immigrants.

Section 6. Worker Rights
    a. The Right of Association.--The 1992 Labor Code allows workers to 
form and join trade unions of their choosing. The Labor Code requires 
that unions register with the Government; it permits groups of at least 
20 workers to organize a union by submitting a constitution, internal 
regulations, and non-conviction certifications for each of the 20 
founding members. For unions in the private sector, the Government 
requires registration with the Ministry of Labor, Employment, and 
Social Insurance. Unions for public sector workers must register with 
the Ministry of Territorial Administration. The law does not permit the 
creation of a union that includes both public and private sector 
workers. The Government indicated that it remits certification within 1 
month of union application; however, in practice, independent union 
especially in the public sector, have found it difficult to obtain 
registration. In addition the requirement for union registration 
apparently contradicts ILO Convention 87, to which the country signed 
and agreed in 1960, and which states that unions have the right to 
exist through declaration, not through Government recognition or 
registration. Registered unions are subject to Government interference. 
The Government chooses the unions with which it will bargain; some 
independent unions have accused the Government of creating small, non-
representative unions amenable to the Government position and with 
which it can negotiate. Some sections of the Labor Code have never 
taken effect because the presidency has not issued implementing 
decrees.
    There are two trade union confederations. Until 1995 the sole labor 
confederation was the Confederation of Cameroonian Trade Unions (CCTU), 
formerly affiliated with the ruling CPDM party under another name (the 
Organization of Cameroonian Trade Unions). In 1995 the Government 
encouraged the creation of a new labor confederation, the Union of Free 
Trade Unions of Cameroon (USLC), with which it maintains close ties. 
This move was seen as an effort by the Government to create a rival 
trade union confederation more firmly under its control. In 1997 the 
CCTU, government control of which had been eroding since large public 
sector salary cuts in 1993, split into two rival factions, and the 
Government banned a conference by the CCTU's reformist faction, led by 
Benoit Essiga. A CCTU Congress held in April 1999, which was attended 
by international observers and held under the auspices of the 
International Labor Organization (ILO), elected the reform faction 
slate of candidates to the CCTU leadership positions. However, the 
losing faction did not accept the results and continues to claim that 
it is the real CCTU. The Ministry of Labor, Employment, and Social 
Insurance has stated that it will not recognize the new CCTU leadership 
as long as another CCTU faction uses the same name. In September 1998, 
the new CCTU leadership took their case to court and won; however, the 
Ministry of Labor, Employment, and Social Insurance continues to 
withhold official status. Other ministries within the Government 
informally recognize the new CCTU leadership and include them in 
appropriate seminars and invitations. In a February press conference 
and an August ``unity'' conference, the Ministry of Labor, Employment, 
and Social Insurance appeared to back publicly the losing CCTU faction 
at the expense of the reformist faction. However, a court declared the 
August unity conference, attended by 400 people, illegal, stating that 
only the reformist faction of the CCTU had the power to convoke such a 
conference.
    The Labor Code explicitly recognizes workers' right to strike, but 
only after mandatory arbitration. Arbitration proceedings are not 
enforceable legally and can be overturned or simply ignored by the 
Government. The Labor Code provides for the protection of workers 
engaged in legal strikes and prohibits retribution against them. 
However, these provisions of the Labor Code do not apply to civil 
servants, employees of the penitentiary system, or workers responsible 
for national security. Instead of strikes, civil servants are required 
to negotiate grievances directly with the minister of the concerned 
department and with the Minister of Labor.
    During the year, labor unrest continued. There were strikes by 
workers in the privatized railroad company Camrail, the sugar producing 
company of Camsuco, the cotton producing company of Cicam, as well as 
strikes by some elementary and secondary school teachers and employees 
of the Douala Municipal Council. The National Autonomous Union of 
Telecommunications Workers (SYNATTEL) also discussed and negotiated 
salary and benefit issues, despite the Government's argument that it 
had not obtained full legal recognition.
    The CCTU is a member of the Organization of African Trade Unions 
and the International Confederation of Free Trade Unions. The USLC is a 
member of the Organization of African Trade Unions.
    b. The Right to Organize and Bargain Collectively.--The Labor Code 
provides for collective bargaining between workers and management in 
workplaces, as well as between labor federations and business 
associations in each sector of the economy; however, no formal 
collective bargaining negotiations have taken place since 1996. When 
labor disputes arise, the Government chooses which labor union to 
invite into the negotiations, selectively excluding some labor 
representatives. Once agreements are negotiated, there is no mechanism 
to enforce implementation; some agreements between the Government and 
labor unions have been shelved or ignored by the Government after being 
negotiated. The Labor Code prohibits antiunion discrimination, and 
employers guilty of such discrimination are subject to fines of up to 
an amount equivalent to approximately $1,600 (1 million CFA). However, 
employers found guilty are not required to compensate the workers 
against whom they discriminated, or to reinstate fired workers. The 
Ministry of Labor has reported no complaints of such discrimination 
during recent years; however, one organizer of the Union for 
Telecommunications Workers claims that his state-owned company demoted 
him due to his union activism.
    In November the Prefet of Dschang arrested two union 
leadersuniversity professors trying to organize the University of 
Dschangallegedly because of an unsigned labor agreement (see Section 
1.d.); ten others also were questioned. They were released the next 
day. There is an industrial free trade zone regime, but the Government 
did not grant approval to any firms to operate under it during the 
year. Free trade zone employers are exempt from some provisions of the 
Labor Code but must respect all internationally recognized worker 
rights.
    c. Prohibition of Forced or Compulsory Labor.--The Constitution and 
the Labor Code prohibit forced or compulsory labor; however, it occurs 
in practice. The authorities continued to allow prison inmates to be 
contracted out to private employers or used as communal labor for 
municipal public works. Forced or bonded labor by children is not 
prohibited specifically, and there were reports that it occurs in 
practice (see Sections 5 and 6.f.).
    On August 24, gendarmes released Bassy Okon Edet, a Nigerian 
fisherman, after a 7-day incarceration (see Section 1.d.). Edet claims 
that the gendarmes forced him to do labor during his incarceration.
    There were credible reports that slavery continued to be practiced 
in northern parts of the country, including in the Lamidat of Rey 
Bouba, a traditional kingdom in the North Province (see Section 5). In 
the South and East Provinces, some Baka (Pygmies), including children, 
continued to be subjected to unfair and exploitative labor practices by 
landowners, such as working on the landowners' farms during harvest 
seasons without payment (see Section 5). There were reports of 
trafficking in children (see Sections 5 and 6.f.).
    d. Status of Child Labor Practices and Minimum Age for 
Employment.--A 1969 Ministry of Labor order and the 1992 Labor Code 
provide the legal framework for the protection of children in the field 
of labor and education, and specify penalties ranging from fines to 
imprisonment for infringement of the law. In April 1998, the National 
Assembly authorized President Biya to ratify ILO Convention 138 
regarding to employment of children; however, the President has not 
signed the bill. Article 86 of the Labor Code and the Ministerial Order 
both set the minimum age for the employment of children at 14. The 
Ministerial Order also bans night work and enumerates tasks that cannot 
be performed legally by children between the ages of 14 and 18. These 
tasks include moving heavy weights, dangerous and unhealthy tasks, 
working in confined areas, or tasks that could hurt a child's morality. 
The order also states that a child's workday cannot exceed 8 hours. In 
order to improve knowledge and education of children between the ages 
of 14 and 18, employers are required to train them. To this end, work 
contracts must contain a training provision for these minors. The law 
prohibits children from working before 6 a.m. or after midnight, though 
enforcement of this law is inefficient.
    According to an ILO study conducted during the year in conjunction 
with local NGO's and the Ministry of Labor, child labor remains a 
serious problem, although the Government has made some progress to 
address it. The ILO estimates there are 602,000 child laborers. In the 
nation's major cities of Yaounde, Douala, and Bamenda, from March to 
April, the ILO estimated that 40 percent of employed children were 
female, 7 percent were less than 12 years of age, and 60 percent had 
dropped out of primary schools. Primary education is compulsory through 
the age of 14, but the relatively high cost for school precludes many 
children from attending.
    The Ministry of Social Affairs and the Ministry of Labor are 
responsible for enforcing existing child labor laws through site 
inspections of registered businesses; however, lack of resources 
inhibits an effective inspection program. Moreover, the legal 
prohibitions do not include family chores, which in many instances are 
beyond a child's capacity to do. According to the ILO study, child 
labor in cities exists mainly in the informal sector such as street 
vending and car washing or other non-qualified jobs. An increasing 
number of children work as household help, and some children are 
involved in prostitution. In the north of the country, there are 
credible reports that children from needy homes are placed with other 
families to do household work for money.
    In rural areas, many children begin work at an early age on family 
farms. Often, relatives employ rural youth, especially girls, as 
domestic helpers, while many urban street vendors are less than 14 
years of age.
    The Government is a signatory to ILO Convention 182; however, the 
National Assembly had not ratified the convention by year's end.
    Forced or bonded labor by children is not prohibited specifically, 
and there were reports that it occurs in practice (see Section 6.c. and 
6.f.).
    e. Acceptable Conditions of Work.--Under the Labor Code, the 
Ministry of Labor is responsible for setting a single minimum wage 
applicable nationwide in all sectors. The minimum wage is approximately 
$40 (23,514 CFA) per month. It does not provide a decent standard of 
living for an average worker and family.
    The Labor Code establishes a standard workweek of 40 hours in 
public and private nonagricultural firms, and 48 hours in agricultural 
and related activities. The code makes compulsory at least 24 
consecutive hours of weekly rest.
    The Government sets health and safety standards, and Ministry of 
Labor inspectors and occupational health doctors are responsible for 
monitoring these standards; however, they lack the resources for a 
comprehensive inspection program. There is no specific legislation 
permitting workers to remove themselves from dangerous work situations 
without jeopardy to continued employment.
    f. Trafficking in Persons.--The Penal Code provides that any person 
who engages in any trafficking in persons shall be punished with 
imprisonment of from 10 to 20 years and that the court may also impose 
a forfeiture penalty. Trafficking is a problem, and an ILO report 
during the year pinpointed trafficking in children as especially 
serious.
    An ILO study conducted in March and April in Yaounde, Douala, and 
Bamenda revealed that trafficking accounted for 84 percent (or 
approximately 530,000) of an estimated 610,000 child laborers (see 
Sections 5 and 6.c.). In most cases, intermediaries presented 
themselves as businessmen, approaching parents with large families or 
custodians of orphans and promising to assist the child with education 
or training. The intermediary paid parents an average of $8 (6,000 CFA) 
before taking the child, transporting the child to the city where the 
intermediary would subject the child to forced work for remumeration 
which was far below the minimum wage level. In 4 out of 10 cases, the 
child was a foreigner transported to the country for labor. The report 
also indicated that the country is a transit country for regional 
traffickers as well, transporting children between Nigeria, Benin, 
Niger, Chad, Togo, the Republic of the Congo, and the Central African 
Republic.
    While there has been no study on trafficking in persons besides 
children, anecdotal evidence from the NCHRF indicates that there may 
also be some trafficking in adults, primarily women, as well. No NGO's 
were known to be working to reduce trafficking in persons.
    The Government has condemned the practice of trafficking in 
persons, and the Ministry of Labor, Employment, and Social Insurance is 
responsible for fighting trafficking. However, that ministry is 
severely under-funded, and there are no known cases of prosecution of 
traffickers or protection of victims.
                               __________

                               CAPE VERDE

    Cape Verde is a multiparty parliamentary democracy in which 
constitutional powers are shared between the elected Head of State, 
President Antonio Mascarenhas Monteiro, an independent; the Head of 
Government, Prime Minister Carlos Wahnon Veiga; and Veiga's party, the 
Movement for Democracy (MPD). The MPD has an absolute majority in the 
National Assembly, although a disagreement within the top levels of the 
MPP during the year resulted in a split within the party and the 
formation of a new party. The principal opposition party, the African 
Party for the Independence of Cape Verde (PAICV), held power in a one-
party state from independence in 1975 until 1991. National elections 
are scheduled for January and February 2001. The judiciary is 
independent; however, there were accusations of politicized and biased 
judicial decisions.
    The Government controls the police, which has primary 
responsibility for maintenance of law and order. Some members of the 
police and prison guards committed human rights abuses.
    Cape Verde has a market-based economy but little industry and few 
exploitable natural resources. Based on 1998 data, the per capita 
income is $1,312. The country has a long history of economically driven 
emigration, primarily to Western Europe and the United States, and 
remittances from citizens abroad remained an important source of 
income. Even in years of optimum rainfall, the country can produce food 
for only 25 percent of the population of approximately 435,000 persons, 
which resulted in heavy reliance on international food aid.
    The Government generally respected the human rights of its 
citizens; however, there were problems in some areas. There were a 
number of credible reports of police abuse, including beatings, of 
citizens detained on suspicion of criminal activity. While in principle 
the law and the judiciary provide means to deal with isolated instances 
of abuse, in practice the Government has not held accountable police 
officers who were credibly accused of human rights abuses. There were 
reports that immigration authorities harassed Nigerian citizens. Prison 
conditions are poor. The judicial system is overburdened, lengthy 
delays in trials are common, and there continued to be accusations of 
politicized and biased judicial decisions. There were some limitations 
on press freedom, and there continued to be allegations of media self-
censorship. Revisions of the Constitution in 1999 created an 
independent ombudsman. Violence and discrimination against women and 
mistreatment of children continued to be serious problems. Although the 
Government supported legislation to ameliorate these problems, it 
failed to adopt, implement, and enforce policies designed to address 
the most critical challenges. There were reports of trafficking in 
persons.

                        RESPECT FOR HUMAN RIGHTS

Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Political and Other Extrajudicial Killing.--There were no 
reports of political or other extrajudicial killings.
    b. Disappearance.--There were no reports of politically motivated 
disappearances.
    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution prohibits such practices, but there was 
one credible report that police beat a detainee on Sal Island in 
August; at year's end, no action had been taken against the police. 
While mechanisms for investigating citizen complaints of police 
brutality exist in theory, in practice these mechanisms neither ensure 
the punishment of all of those responsible nor effectively prevent 
future violations. In addition in some instances of violence against 
women, the police did not protect the victims effectively (see Section 
5). There were reports that immigration authorities harassed Nigerian 
citizens (see Section 2.d.).
    Prison conditions are poor, and they are severely overcrowded; 
however, there were no reports of prison deaths. The President's 
amnesty did not reduce the overcrowding. Sanitation and medical 
assistance is poor; a doctor and a nurse were available and prisoners 
were taken to the public hospitals for serious problems. Psychological 
problems were common. Although women and men are held separately, 
juveniles are not held separately from adults.
    According to a study by the Ze Moniz Association (AZM), there were 
reports that guards abused female prisoners.
    The Government permits both formal visits by human rights monitors 
to prisons and routine visits to individual prisoners; however, other 
than the AZM study there were no visits by human rights groups.
    d. Arbitrary Arrest, Detention, or Exile.--The laws provide for 
protection from arbitrary arrest and detention, and the authorities 
generally observe these laws in practice. The law stipulates that a 
suspect must be charged before a judge within 48 hours of arrest. 
Police may not make arrests without a court order unless a person is 
caught in the act of committing a felony. In 1999 the Government 
revoked a provision that allowed authorities to detain a person for up 
to 5 days in exceptional cases.
    The courts have jurisdiction over state security cases. There is a 
functioning system of bail.
    The Government does not use forced exile.
    e. Denial of Fair Public Trial.--The Constitution provides for a 
judiciary independent of the executive branch, and the Government 
respects this provision in practice; however, there continued to be 
accusations of politicized and biased judicial decisions. In July 1999, 
a prosecutor dismissed a case against four persons associated with the 
main opposition party who had been arrested for church desecration in 
1996. In 1998 a judge ordered their release from detention because of 
lack of evidence. The Attorney General refused to confirm the 
prosecutor's decision and declared that the case should await better 
proof that the persons were not culpable (see Section 5). At year's 
end, the case remained pending.
    The judicial system is composed of the Supreme Court and the 
regional courts. Of the five Supreme Court judges, one is appointed by 
the President, one by the National Assembly, and three by the Superior 
Judiciary Council. This council, created by the 1999 revision of the 
Constitution, consists of the President of the Supreme Court, the 
Attorney General, eight private citizens, two judges, two prosecutors, 
the senior legal inspector of the Attorney General's office, and a 
representative of the Ministry of Justice. Judges are independent and 
may not belong to a political party.
    The Constitution provides for the right to a fair trial. Defendants 
are presumed to be innocent; they have the right to a public, nonjury 
trial; to counsel; to present witnesses; and to appeal verdicts. Free 
counsel is provided for the indigent. Regional courts adjudicate minor 
disputes on the local level in rural areas. The Ministry of Justice 
does not have judicial powers; such powers lie with the courts. 
Defendants may appeal regional court decisions to the Supreme Court.
    The judiciary generally provides due process rights; however, the 
right to an expeditious trial is constrained by a seriously 
overburdened and understaffed judicial system. A backlog of cases 
routinely leads to trial delays of 6 months and more.
    There were no reports of political prisoners.
    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The Constitution prohibits such practices, government 
authorities respect these prohibitions, and violations are subject to 
effective legal sanction.

Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for the 
freedom to express ideas by words, images, or any other means, and for 
freedom of the press without censorship; however, although the 
Government generally respected these rights in practice, there were 
some restrictions on press freedom. There is a substantial and growing 
independent press. Nevertheless, there was continued criticism by 
independent political figures of the performance of the state-
controlled television, radio, and print media for their failure to 
exercise vigorously their monitoring role in a multiparty system. In 
several instances, persons in the media (and other sectors) whose views 
did not coincide with those of the Government and the ruling party were 
transferred, fired, or subjected to other disciplinary actions; the 
Government does not acknowledge that the divergence of views was the 
reason for such actions. There continued to be reports of media self-
censorship.
    The constitutional provision of freedom of expression was amended 
in 1999, to exclude using this freedom as a defense in cases involving 
defamation or offense to personal honor. This wording was criticized 
strongly by opposition politicians and some journalists as potentially 
limiting the freedom of expression; however, at year's end, no legal 
challenge had been made to the provision.
    There are three independent newspapers and one state-owned 
newspaper. There are six independent radio stations and one state-owned 
radio station. One television station is state-owned and two others are 
foreign-owned. Foreign broadcasts are permitted. Journalists are 
independent of government control and are not required to reveal their 
sources; however, there are credible reports that journalists within 
the government-controlled media still practice self-censorship. In 
November opposition party members demonstrated in Praia against what 
they considered to be MPD control of the public media.
    Government authorization is not needed to publish newspapers or 
other printed material. Despite the broadly interpreted criminal libel 
laws, no independent media outlets reported direct pressure in their 
daily operations or business activities. The national radio station 
provided live broadcasts of National Assembly sessions.
    The law requires a formal licensing mechanism for mass media, 
including government authorization to broadcast; however, there were no 
reports that licenses were denied or revoked or that the Government 
refused to authorize broadcasts.
    The Government did not restrict Internet access. There was a 
single, private sector Internet service provider. There were technical 
limitations on Internet use related to bandwidth and the unavailability 
of electricity and telephone lines in isolated parts of the country.
    The Constitution provides for academic freedom, and this right is 
respected in practice.
    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of peaceful assembly, and the Government respected 
this right in practice. Throughout the year, labor organizations, 
opposition political parties, civic action groups, and numerous others 
exercised this right without government interference or objection.
    In July students demonstrated in front of government offices in 
Praia to protest the requirement that they pass an achievement 
examination before receiving government scholarships. The 
demonstrations initially were peaceful, but they became violent when 
students blocked off main roads with burning tires; police fired into 
the air to disperse the demonstrators. There were no reported injuries.
    The Constitution provides for freedom of association, and the 
Government respected this right in practice.
    c. Freedom of Religion.--Constitution provides for freedom of 
religion, and the Government generally respected this right in 
practice.
    The overwhelming majority (more than 90 percent) of citizens are at 
least nominally Roman Catholic. It generally is recognized that the 
Catholic majority enjoys a privileged status in national life; for 
example, the Government provides it with free television broadcast time 
for religious services and observes its holy days as official holidays.
    d. Freedom of Movement Within the Country, Foreign Travel, 
Emigration, and Repatriation.--The law provides citizens with the right 
to travel and establish residence without government restrictions.
    The Constitution provides for repatriation, and the Government 
respected this right in practice.
    The Constitution provides for the right of asylum by refugees, and 
no violations were reported. The law provides for the granting of 
refugee and asylum status in accordance with the 1951 U.N. Convention 
Relating to the Status of Refugees and its 1967 Protocol. According to 
the U.N. Human Rights Commission, credible media reports, and 
government officials, Nigerian citizens have been subjected to 
harassment and prejudice by immigration authorities. The Government has 
not reviewed charges of misconduct by immigration officials. Nigerians 
alleged that they have been subjected to discriminatory treatment by 
Government officials; however, some Nigerians were illegally present in 
the country or convicted of crimes. Other observers reported no 
evidence of a government policy of discrimination against Nigerians. 
Three or four Basque separatist asylees remained in the country; there 
are no refugees.
    The Government has not formulated specific policies regarding 
refugees or first asylum, and the issue of first asylum has never 
arisen.

Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    Citizens have the right to change their government. Power was 
transferred peacefully by the PAICV to the MPD following free and fair 
elections in 1991; a second general election in 1995 and municipal and 
presidential elections in 1996 also were judged free and fair by 
international observers. National elections are scheduled to be held on 
January 14 and February 11, 200l.
    The Constitution provides for the separation of powers. Cabinet 
ministers are not required to be members of the National Assembly, but 
they are individually subject to confirmation by the President. 
Collectively, they must retain the support of a parliamentary majority. 
The President may dismiss the Government with the approval of the 
political parties represented in the National Assembly and the Council 
of the Republic. This council consists of the President of the National 
Assembly, the Prime Minister, the President of the Constitutional 
Court, the Attorney General, the Ombudsman, the President of the 
Economic and Social Council, the former presidents, and five private 
citizens appointed by the President.
    In November 1999, a disagreement within the top levels of the MPD 
ended cooperation between the party's factions, and the group that 
controlled the party bureaucracy dismissed a number of dissident 
ministers and senior officials from the Government. Those who were 
dismissed claimed that they could not get a fair hearing for their 
views and formed a new political party, the Partido da Renovacao 
Democratica (PRD), which was legalized on October 25.
    There are no restrictions in law or practice regarding the rights 
of women or members of minorities to vote or to participate in the 
political process; however, women are underrepresented in government 
and politics. Women constitute 11 percent of the deputies elected to 
the 72-member National Assembly. There are 2 female cabinet ministers 
and 3 female secretaries of state (junior ministers) in a cabinet 
consisting of 14 ministers and 6 secretaries of state.

Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    There are two private human rights groups, the National Commission 
of the Rights of Man and the Ze Moniz Association. During 1999 a 
foreign government financed a professional study of prison conditions 
by the Ze Moniz Association, which was released to the Government and 
the public in September. The Government cooperated with the researchers 
who prepared the report and, upon its publication, expressed interest 
in using the report to help formulate new laws and regulations; 
however, no action had been taken by year's end.
    The post of an independent Ombudsman, to be elected by the National 
Assembly, was created by the 1999 revision of the Constitution. The 
Ombudsman's powers remained undefined at year's end, and no Ombudsman 
has been elected.

Section 5. Discrimination Based on Race, Sex, Religion, Disability, 
        Language, or Social Status
    The Constitution prohibits discrimination based on race, sex, 
religion, disability, language, or social status. However, despite the 
Government's increasing efforts to enforce all relevant constitutional 
provisions, it still does not do so effectively, and not all elements 
of society, particularly women and children, enjoy full protection 
against discrimination.
    Women.--Domestic violence against women, including wife beating, 
remains common. The Government and civil society encourage women to 
report criminal offenses such as rape and spousal abuse to the police; 
however, longstanding social and cultural values inhibit victims from 
doing so, and according to the media, such reports remain rare. 
Nevertheless, reporting of such crimes to police slightly increased 
during the year, and the media continued to report their occurrence. 
Women's organizations continued to seek legislation to establish a 
special family court to address crimes of domestic violence and abuse; 
however, they made no progress in achieving the required legislation.
    Violence against women has been the subject of extensive public 
service media coverage in both government--and opposition--controlled 
media. In 1998 the Parliament revised the Penal Code, widening the 
scope of sexual abuse and strengthening penalties against abusers.
    Despite constitutional prohibitions against sex discrimination and 
provisions for full equality, including equal pay for equal work, 
discrimination against women continued. Although they often are paid 
less than men for comparable work, women are making modest inroads in 
various professions especially in the private sector. However, some 
employers continued to claim that they prefer to hire men.
    The Constitution prohibits discrimination against women in 
inheritance, family, and custody matters; however, largely because of 
illiteracy, most women are unaware of their rights. Women often are 
reluctant to seek redress of domestic disputes in the courts. The 
Organization of Cape Verdean Women alleged that there is disparate 
treatment in inheritance matters, despite laws that call for equal 
rights. For example, some women are pressured to sign judicial 
agreements detrimental to their statutory inheritance rights.
    In July a group of female attorneys formed the Assoiagao 
Caboverdiana das Mulheres Juristas, an association whose purpose is to 
provide free legal assistance to women throughout the country suffering 
from social abuse (both violence and discrimination) and spousal abuse.
    Children.--The Government updated its studies of social policy 
priorities and legal rights for children and adolescents and, during 
the year, it restructured the Cape Verdean Institute for Children in 
accordance with norms established in the Convention on the Rights of 
the Child. The Government provides free mandatory education for 6 years 
of primary school for all children. Normally this benefit covers 
children from age 6 to 12. Education is compulsory until age 16; 
however, secondary education is free only for children whose families 
have an annual income below approximately $1,700 (160,000 escudos). 
According to 1998 UNICEF statistics, primary school attendance is 
approximately 97 percent for children. Attendance rates by boys and 
girls differ by less than 1 percent. The Government also seeks to 
reduce infant mortality and disease, combat drug and alcohol abuse, and 
discourage teenage pregnancy; however, progress continued to be slow.
    Child abuse and mistreatment, sexual violence against children, and 
juvenile prostitution are continuing but isolated problems, exacerbated 
by chronic poverty, large unplanned families, and traditionally high 
levels of emigration of adult men. The media reported cases of sexual 
abuse against children and adolescents. The inefficiencies of the 
judicial system made it difficult for government institutions to 
address the problem.
    People with Disabilities.--Although the Constitution mandates 
``special protection'' for the aged and disabled, the Government does 
not require access to public buildings or services for the disabled. 
There are no official schools or trained teachers for the disabled, 
although several nongovernmental groups, including an association for 
the blind, are active.
    Religious Minorities.--More than 20 cases involving the desecration 
of Catholic churches have been reported to the police over the years. 
While some cases date from 1975, after 1990 the rate of incidence 
increased; however, in contrast to previous years, there were no 
incidents during the year. The persons responsible for the desecrations 
never were identified, and the topic has remained a controversial 
electoral issue since the MPD accused supporters of the main opposition 
party PAICV of involvement in the crimes; however, the courts have 
dismissed every formal accusation that has been brought against PAICV 
members, usually for lack of evidence. In August 1999, the Attorney 
General rejected a local prosecutor's dismissal of the case against the 
four individuals of the ``S. Domingos Group,'' who were accused of 
desecrating a Catholic church in 1996 (see Section 1.e.), and no 
further action was taken during the year.

Section 6. Worker Rights
    a. The Right of Association.--The Constitution provides that 
workers are legally free to form and join unions without government 
authorization or restriction. There are two umbrella union 
associations: The Council of Free Labor Unions, composed of 11 unions 
with about 14,000 members; and the National Union of Cape Verde 
Workers, formed by the former ruling party but operating independently, 
composed of 14 unions with about 16,000 members. The Government does 
not interfere with the activities of these organizations, but the 
National Union of Cape Verde Workers claims that it received less than 
its share of funds for unions. Both unions suffer from a shortage of 
funds.
    The Constitution provides union members with the right to strike, 
and the Government generally respects this right. However, in July and 
August 1999, the workers of the shipping company Arca Verde made two 
attempts to strike. The Government invoked a ``civil request,'' under 
which it has the power, in an emergency or if a strike threatens 
coverage of basic needs, to name a list of minimum services that a 
union must continue to provide during any strike. Because of the 
Government's ``civil request,'' the crew and workers of four of the 
five ships in the fleet were required to continue working