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

 
                    COUNTRY REPORTS ON HUMAN RIGHTS
                           PRACTICES FOR 2000

                               VOLUME II

                               ----------                              

                              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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                     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.
					  
                                EUROPE

                              ----------                              


                                ALBANIA

    Albania is a republic with a multiparty parliament, a Prime 
Minister, Ilir Meta, and a President, Rexhep Meidani, elected by the 
Parliament. The Prime Minister heads the Government; the presidency is 
a largely ceremonial position with limited executive power. The 
Socialist Party (SP) and its allies won 121 of 155 parliamentary seats 
in 1997 general elections held after a 5-month period of chaos and 
anarchy due to the collapse of pyramid schemes. Observers deemed the 
elections to be acceptable and satisfactory under the circumstances. 
Local elections were held in October and, despite some procedural 
shortcomings and some irregularities, were conducted in a tense but 
generally peaceful atmosphere and were judged by the Organization for 
Security and Cooperation in Europe (OSCE) to have showed ``significant 
progress'' toward meeting international standards. The Constitution 
provides for an independent judiciary; however, continued political 
instability, limited resources, political pressure, inexperienced and 
untrained personnel, and widespread corruption weaken the judiciary's 
ability to function independently and efficiently.
    Local police units that report to the Minister of Public Order are 
responsible principally for internal security. One of the most serious 
problems involving public order and internal security is the fact that 
the police officers largely are untrained and often unreliable. The 
international community continued to provide training, advice, and 
equipment to improve the quality of the police forces; however, 
unprofessional behavior and corruption remained a major impediment to 
the development of an effective, civilian police force. The Ministry 
also has a small force of well-trained and effective police officers 
organized into special forces units to combat organized crime. The 
Government further consolidated public order throughout the country 
during the year, building on the progress that had been made in the 
previous year; however, serious problems remain in the area of 
policing. The police are affected by, and are sometimes part of, the 
country's widespread corruption. The National Intelligence Service 
(SHIK) is responsible for both internal and external intelligence 
gathering and counterintelligence. The military has a special 120-man 
``commando'' unit, which operates in an antiterrorist role under the 
Minister of Defense. During times of domestic crisis, the law allows 
the Minister of Public Order to request authority over this unit; this 
was done as a precautionary measure during the October local elections. 
The police committed human rights abuses.
    Albania is a poor country in transition from central economic 
planning to a free market system, and many questions related to 
privatization, property ownership claims, and the appropriate 
regulation of business remain unresolved. More than 20 percent of the 
rural population lives under the official poverty line; in urban areas 
the figure is 11 percent. Overall, 17 percent of the country's 
population lives below the official poverty line. The country continued 
to experience slow but stable economic progress. Inflation was 
negligible during the year. The gross domestic product (GDP) grew by 
about 7 percent to an estimated $3.8 billion (532 billion lek). The 
official unemployment rate was 17.5 percent, a slight decrease from the 
18 percent of the previous year. With two-thirds of all workers 
employed in agriculture--mostly at the subsistence level--remittances 
from citizens working abroad are extremely important, as is foreign 
assistance. The GDP may be underestimated because considerable income 
is thought to be derived from various organized and semiorganized 
criminal activities. A variety of other unreported, noncriminal gray 
and black market activities, such as unlicensed small businesses, along 
with the Government's inability to collect fully accurate statistics, 
also contribute to the GDP's underestimation.
    The Government generally respected the human rights of its citizens 
in some areas; however, numerous, serious problems remained. The 
opposition Democratic Party (DP) alleged that the Government was 
responsible for the killing of one of its members during the year. 
Police killed a DP demonstrator when a crowd of DP members attacked the 
police station and other public buildings in Tropoja. The police beat 
and otherwise abused suspects and prisoners. The DP often credibly 
complained about incidents of police harassment of its members and of 
the dismissal of some of its members from official positions for 
political reasons. The police at times arbitrarily arrested and 
detained persons, and prolonged pretrial detention is a problem. The 
judiciary is inefficient, and subject to corruption. Executive pressure 
on the judiciary remains, but decreased slightly. There were complaints 
of unqualified and unprofessional judges and credible accounts of 
judges who were intimidated or bribed by powerful criminals. The 
Government occasionally infringed on citizens' privacy rights. 
Government respect for freedom of speech and of the press improved 
slightly; however, police at times beat and detained journalists, and 
academic freedom was constrained. Violence and discrimination against 
women and child abuse were serious problems. The Government took some 
steps to improve the treatment of ethnic minorities; however, societal 
discrimination against religious and ethnic minorities, particularly 
against Roma, persisted. Child labor was a problem. Vigilante action, 
mostly related to traditional blood feuds, resulted in many killings. 
Trafficking in women and children was a serious 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 
confirmed cases of political killings by the Government, despite 
repeated claims by the DP that its members were harassed, beaten, and 
sometimes killed by government agents.
    In May a DP activist in Vlore was killed by unidentified persons 
immediately following a party rally. The DP claimed that government 
agents were responsible; however, the Government claimed it was a 
revenge killing by criminals. The Albanian Helsinki Committee expressed 
concern over the killing and appealed to government authorities to make 
all efforts to solve the case. There were no reports concerning a 
governmental response in this case.
    In November police killed a DP demonstrator when a crowd of DP 
members attacked the police station, courthouse, and other public 
buildings in Tropoja.
    The public prosecutor in Gjokastra investigated the cases of 
Kastriot Brega and Bardhyul Balliu, who died while in police custody 
and found insufficient evidence to justify prosecuting the officers 
involved. In 1999 the DP claimed that over 21 members, supporters, 
local government officials, and former national party officials were 
killed during 1997-99. The DP claimed that at least three of its 
members were killed during 1998: The chairman of the local branch of 
the Democratic Party of Kish-Arra village of Shkoder, the deputy 
chairman of the polling station in the Gjinar commune of the Elbasan 
district, and the chairman of the DP branch of Boric village in Malesia 
e Madhe. The DP accused the Government of failing to investigate these 
crimes, noting that no suspects were tried for the murders. The 
Democrats asked for the creation of an independent investigatory group 
that would oversee the investigation of these crimes (which the DP 
considers to be political). The Government did not create such a group 
but an investigation was continuing at year's end.
    The Council of Europe continued to express concern over the 
Government's lack of progress in investigating the 1998 assassination 
of senior DP Member Azem Hajdari. A police investigation was launched 
in December 1999 and some progress was reported, but the case had not 
been resolved as of year's end.
    The country continued to experience high levels of violent crime. 
Many killings occurred throughout the country as the result of 
individual or clan vigilante actions sometimes connected to traditional 
``blood feuds,'' or in conflicts involving various criminal gangs.
    b. Disappearance.--There were no confirmed reports of politically 
motivated disappearances.
    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution stipulates that ``no one can be subject 
to torture, or cruel and brutal treatment;'' however, the police often 
beat suspects in the process of arresting them, and the Albanian 
Helsinki Committee reported that the police beat or otherwise 
mistreated prisoners. The Penal Code makes the use of torture a crime 
punishable by up to 10 years' imprisonment. According to the Albanian 
Helsinki Committee, major police stations were the sites of the worst 
abuses of detainees, and all stations were overcrowded.
    There were a number of reports of police violence. Four DP 
activists from the Lezhe region were pulled over and beaten by masked 
special police forces on a road north of Tirana in March. In April the 
daily Gazeta Shqiptare reported a number of police abuse cases in 
Elbasan, Lushnja, and Fieri, where more than 20 persons were taken into 
custody and subjected to beatings and maltreatment. In May the daily 
Albania reported the serious maltreatment of a number of persons 
arrested on charges of theft of public property. While police generally 
handled the DP demonstrations following the October elections in a 
restrained manner, there were instances where police beat and 
mistreated DP supporters (see Section 2.b.).
    In November Amnesty International (AI) reported that police 
arrested DP supporter Besnik Papa and held him at a police station in 
Tirana, where allegedly he was beaten so severely that he required 
hospital treatment.
    Several credible sources cited the police station at Elbasan as a 
source of a number of physical abuse cases. There are at least five 
cases of abuse pending against police officers; however, none of these 
cases had been prosecuted successfully by year's end.
    Police at times beat journalists (see Section 2.a.).
    There were no reports of investigation nor action taken against 
police who beat multiple persons in the towns of Spotalte and Cerrick 
in 1999.
    There were no reports of investigation nor action taken in the 
December 1998 case in which Besnik Jak, the leader of the Tirana 
University student hunger strike, was beaten while in police custody, 
nor in the 1999 case of Besim Biberaj, who suffered multiple broken 
bones as a result of beatings while in custody at a Tirana police 
station.
    Police receive some training and equipment, but there is a 
continuing need for further training and for improving investigative 
skills. Foreign governments continued police training programs that 
aimed at improving technical expertise, operational procedures, and 
respect for human rights, but the overall performance of law 
enforcement remained weak. In preparation for the October local 
elections, training was provided to police on how to deal with election 
security and how to respond to the needs of election observers. 
According to the Ministry of Public Order, more than 1,300 policemen 
received some training during the year, and 116 policemen received 
training abroad.
    Police corruption remains widespread. Sources in the Ministry of 
Public Order stated that more than 190 police officers were fired from 
their jobs during the year because of incompetence, lack of discipline, 
or violations of the law.
    Prison conditions remained poor and most prisons are overcrowded; 
however, efforts were made to improve the situation during the year. 
While the Government financed most improvements, it also has received 
international assistance. During the year, construction began on a new 
prison in Peqin, financed by the Italian government, which will house 
250 to 300 inmates.
    Overcrowding in prisons resulted in poor living conditions. In 
addition, because of overcrowding, prisoners are also held in prisons 
in Greece and Italy. According to Greek Ministry of Justice sources, 
more than 3,500 Albanians are in pre-detention centers and more than 
1,500 are serving sentences in Greece, 120 of whom are juveniles. Over 
1,500 prisoners are serving sentences in Italian prisons. Juveniles 
sometimes share cells with adults are a result of the shortage of cell 
space. Women are held separately from men.
    The country has no juvenile justice system. Children's cases go 
before judges who have not received any education in juvenile justice, 
and juveniles live in detention facilities with adults. Over 100 
children are serving sentences in adult prisons. In September an 8-year 
school for juveniles who are serving prison terms was opened. This is 
the first school of its kind in the country. Family visitation is 
allowed in prisons.
    The Government cooperated with the International Committee of the 
Red Cross and with other nongovernmental organizations (NGO's). There 
were no reports of refusal to permit access for prison inspections by 
either domestic or international groups.
    d. Arbitrary Arrest, Detention, or Exile.--Article 27 paragraph 1 
of the Constitution forbids arbitrary arrest and detention. However, 
police at times arbitrarily arrested and detained persons. The 1995 
Penal Procedures Code sets out the rights of detained and arrested 
persons. By law a police officer or prosecutor may order a suspect into 
custody. Detained persons must be informed immediately of the charges 
against them and of their rights. A prosecutor must be notified 
immediately after a suspect is detained by the police. Within 48 hours 
of the arrest or detention a court must decide, in the presence of the 
prosecutor, the suspect, and the suspect's lawyer the type of detention 
to be imposed. Legal counsel must be provided free of charge if the 
defendant cannot afford a private attorney; however, this right to 
legal counsel is not known widely and police often fail to inform 
suspects of it. As a result of a lack of resources, access to legal 
information remains difficult for citizens, including legal 
professionals and, sometimes, judges.
    There have been numerous cases in which persons have been 
unlawfully detained longer than the Penal Code's 48 hour limit. For 
example, two persons, Hysen and Valbona Ymeri, were detained in 
Lushnja, but their paperwork was not sent to the prosecutor's office 
until 6 days later.
    International organizations claim that prostitutes and trafficked 
women have been kept in detention for more than 2 days without charges 
being brought against them (see Section 6.f.).
    In September 1999, a DP newspaper alleged that three persons from 
the northern city of Kukes were held in police custody for more than 16 
months without trial. No further information on this case was available 
at year's end.
    Bail in the form of money or property may be required if the judge 
believes that the accused otherwise may not appear for trial. 
Alternatively a suspect may be placed under house arrest. The court may 
order pretrial confinement in cases where there is reason to believe 
that the accused may leave the country or is a danger to society.
    The Penal Procedures Code requires completion of pretrial 
investigations within 3 months. The prosecutor may extend this period 
by 3-month intervals in especially difficult cases. The accused and the 
injured party have the right to appeal these extensions to the district 
court. In practice lengthy pretrial detention is a problem. Delayed 
investigations also are a serious problem, and many persons are 
detained for periods that exceed the time limits set by law.
    There were no clear cases of detainees being held for strictly 
political reasons. However, the DP continued to claim that the Chairman 
of the Legality Party (the Monarchists), Ekrem Spahia, and 12 
supporters were being tried unfairly for participation in the events of 
September 14, 1998, which followed the assassination of the DP 
parliamentarian, Azem Hajdari, by unknown persons (see Section 1.a.). 
Spahia and the others were released during the year; however, their 
trials still were pending at year's end.
    The Government does not use forced exile.
    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary; however, continued political instability, 
limited resources, political pressure, and endemic corruption weaken 
the judiciary's ability to function independently and efficiently. 
Corruption remains a serious and widespread problem, especially with 
the growth of organized crime, and judges are subjected to both bribery 
attempts and intimidation. In May the High Council of Justice removed 
two judges from Tirana for disciplinary violations. International legal 
experts commented that the judges' removal was characterized by greater 
respect for due process and legal procedures than past similar 
instances.
    Many court buildings were destroyed in the civil unrest in 1997, 
and although all have reopened, important records and legal materials 
were lost permanently. Long case backlogs are typical. The removal of 
court budgets from the control of the Ministry of Justice to a 
separate, independent body, the Judicial Budget Office, and the 
establishment of a school for magistrates in 1999 were useful steps 
towards strengthening the independence of the judiciary. A board 
chaired by the Chief Justice of the Supreme Court runs the Judicial 
Budget Office. All other board members are judges.
    The judicial system is composed of district courts of the first 
instance, military courts, six courts of appeal, and the Supreme Court. 
There also is a separate and independent Constitutional Court. The 
Supreme Court hears appeals from the Courts of Appeal, while the 
Constitutional Court reviews those cases requiring constitutional 
interpretation.
    The President heads the High Council of Justice, which has 
authority to appoint, discipline, and dismiss judges of the courts of 
first instance and of the courts of appeal. Judges who are dismissed 
have the right to appeal to the Supreme Court. In addition to the 
President, the Council consists of the Minister of Justice, the head of 
the Supreme Court, six judges (chosen by sitting judges), two 
prosecutors (selected by the prosecutors), and four independent lawyers 
named by the Parliament.
    The President of the Republic nominates the President and Vice 
President of the Supreme Court, and the Parliament elects all of the 
Supreme Court's justices. The President selects four of the nine 
members of the Constitutional Court; five are elected by the 
Parliament. Parliament has the authority to approve and dismiss the 
judges of the Constitutional Court and the members of the Supreme 
Court. According to the law, dismissal only may be ordered after 
conviction for a serious crime or for mental incompetence. There were 
no new developments in the 1999 appeal of the former Chief Judge of the 
Supreme Court, who was dismissed from his position 3 years before the 
expiration of his mandate.
    Constitutional Court justices serve, in theory, maximum 9-year 
terms, with three justices rotating every 3 years. Justices of the 
Supreme Court serve for 7 years.
    Under the 1998 Constitution, the President appoints the prosecutor 
general with the consent of the Parliament. The President appoints and 
dismisses other prosecutors on the recommendation of the prosecutor 
general. The prosecutor general restructured his office in December 
1999 into divisions that focus on specific crimes.
    Parliament approves the courts' budgets and allocates funds. Each 
court may decide how to spend the money allocated to it. The Ministry 
of Justice provides and approves administrative personnel. The Ministry 
of Justice also supervises bailiffs' offices.
    Due to limited material resources, in many instances the court 
system is unable to process cases in a timely fashion. Public opinion 
holds the judiciary, in particular, responsible for the Government's 
failure to stop criminal activity. Tension continued between the police 
and the judiciary, despite some improvement in relations between police 
and prosecutors, especially outside Tirana. Each side cites the 
failures of the other as the reason criminals avoid imprisonment. The 
courts accuse the police of failing to provide the solid investigation 
and evidence necessary to prosecute successfully, and the police allege 
that corruption and bribery taint the courts.
    The Constitution provides that all citizens enjoy the right to a 
fair, speedy, and public trial, except in cases where the necessities 
of public order, national security, or the interests of minors or other 
private parties mandate restrictions. Defendants, witnesses, and others 
who do not speak Albanian are entitled to the services of a translator. 
If convicted the accused has the right to appeal the decision within 5 
days to the Court of Appeals.
    There were no reports of political prisoners.
    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The Law on Fundamental Human Rights and Freedoms 
provides for the inviolability of the individual person, of dwellings, 
and for the privacy of correspondence; however, the Government 
sometimes infringed on these rights. During the year, a number of 
persons complained to the Albanian Helsinki Committee that police, 
during their weapons collection campaign, did not use proper legal 
procedures to conduct house searches. Citizens also complained to the 
Committee that many of these searches were conducted late at night 
without any authorization. At least one individual complained to the 
Ombudsman that he was not adequately compensated for some land taken 
for public use. The Ombudsman referred the case to the Constitutional 
Court.
    There were no reports of wiretapping by Government authorities 
during the year.

Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Law on Fundamental Human 
Rights and Freedoms provides for freedom of speech and of the press, 
and the Government generally respected these rights; however, police at 
times beat journalists. The media are active and unrestrained but have 
developed little sense of journalistic responsibility or professional 
integrity. With few exceptions, the print media lacks a mature, trained 
professional staff.
    Sensationalism is the norm in the newspapers, and the political 
party-oriented newspapers in particular print gossip, unsubstantiated 
accusations, and outright fabrications. Some publications appear to be 
making efforts to improve professional standards and to provide more 
balanced and accurate reporting.
    Attacks on journalists continued--both beatings by the police and 
attacks by unknown assailants. In March according to the daily 
Shekulli, a policeman in Korca beat a journalist from the independent 
radio station ABc. The journalist claimed he was beaten because the 
policeman considered him to be a spokesman for the opposition. In April 
while taping a fight between a group of citizens and members of the 
National Guard, a cameraman and journalists were spotted and beaten by 
Guard members. In May two journalists from TV ATN 1 were detained 
illegally by police officers and beaten while in detention.
    Political parties, trade unions, and various societies and groups 
publish their own newspapers or magazines, and competition with 
commercial publications is very keen. An estimated 200 publications are 
available, including daily and weekly newspapers, magazines, 
newsletters, and pamphlets. Five newspapers and two magazines are 
published in Greek in the south (see Section 5). The difficult economic 
situation and readers' distrust of the press again resulted in a 
significant drop in newspaper sales during the year. The total daily 
circulation of all newspapers dropped from about 65,000 copies to less 
than 50,000 copies. This came after a drop in 1999 from 75,000 to 
65,000 copies. According to a recent survey of the Albanian Media 
Institute, 60 percent of the persons interviewed believed that media 
stirred up trouble in the country; only 23 percent said that the media 
played a positive role. The opening of many new private radio and 
television stations is another reason for the drastic drop in 
circulation. According to the same survey, 65 percent of the public 
prefers to get its news from the private electronic media.
    Albanian Radio and Television (RTVSh) is the sole public 
broadcaster in the country. RTVSh is composed of national television 
and national radio. National television broadcasts 17 hours a day and 
covers over 91 percent of the population. Public television broadcasts 
2 hours a day via satellite. National radio broadcasts in two channels 
for 18 hours a day. Its signal covers 90 percent of the country's 
territory. Broadcasting issues are governed by the National Council of 
Radio and Television, a 15-member body elected by the Parliament. Radio 
Gjirokastra broadcasts a 45-minute program for the Greek community in 
the country every day (see Section 5). The Albanian Media Institute 
survey found that 58 percent of those questioned believed that 
regardless of the improvement in the programming of the public 
television channel, it still is regarded as a mouthpiece for the 
Government.
    Over 75 private television stations and 30 private radio stations 
operate. The National Council of Radio and Television Broadcasters 
(NCRT) awarded broadcasting licenses, but several broadcasters failed 
to pay for their licenses or abide by the regulations governing the 
licenses. In 1999 the Government established new licensing and 
oversight procedures to promote a more stable broadcasting environment. 
The NCRT made licenses available to existing local television 
broadcasters that were operating previously in an unregulated climate. 
In December the NCRT licensed 2 national television stations, 45 local 
television stations, 31 local radio stations, and 1 national radio 
station. The wide availability of satellite dishes provides citizens 
with easy access to international programming.
    The broadcast media exceed the print media in influence, audience 
penetration, and caliber of news reporting and public affairs 
programming. However, political affiliation is pervasive in 
programming. The OSCE reported that one new nationwide television 
station, TVArberia, provided for balanced and fair election reporting 
during the local elections in October. However, the majority of 
stations were blatantly one-sided in their political coverage.
    Academic freedom continues to be limited. University professors 
complain that some faculty members are hired or fired for political 
reasons and that students who have the right political connections get 
preferential treatment regardless of their personal qualifications.
    b. Freedom of Peaceful Assembly and Association.--The Law on 
Fundamental Human Rights and Freedoms provides for the right of 
peaceful assembly and the Government generally respected this right in 
practice. According to the law, organizers must obtain permits for 
gatherings in public places, which the police may refuse to issue for 
reasons such as security and traffic. In practice rallies and 
demonstrations were very common, the Government made no concerted 
efforts to prevent them, and the police generally maintained order with 
due respect for citizens' rights; however, during DP demonstrations 
before the October elections, the police beat and mistreated some DP 
supporters (see Section 1.c.). Police killed a demonstrator in November 
when a group of DP members attacked the police station, courthouse, and 
other public buildings in Tropoja. In some cases, individuals claimed 
that the police or secret agents of the SHIK intimidated them because 
of their participation in opposition rallies, while others claimed that 
they were fired from their jobs because they participated in opposition 
rallies.
    The Law on Fundamental Human Rights and Freedoms provides for the 
right of association, and the Government generally respected this 
right. A political party must apply to the Ministry of Justice for 
official certification. It must declare an aim or purpose that is not 
anticonstitutional or otherwise contrary to law, describe its 
organizational structure, and account for all public and private funds 
it receives. Such certification is granted routinely.
    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government generally respects this right in practice. 
According to the 1998 Constitution, there is no official religion and 
all religions are equal. However, the predominant religious communities 
(Muslim, Orthodox, and Roman Catholic) enjoy de facto recognition by 
the authorities that gives them the legal right to hold bank accounts, 
own property and buildings, and to function as legal entities based on 
their historical presence in the country.
    Religious movements--with the exception of the three de facto 
recognized religions--can acquire the official status of a legal entity 
only by registering under the Law on Associations, which recognizes the 
status of a nonprofit association irrespective of whether the 
organization has a cultural, recreational, religious, or humanitarian 
character.
    The Religious Council of the State Secretariat has been replaced by 
the State Committee on Cults, which is not composed of representatives 
of religious groups. The Government does not require registration or 
licensing of religious groups; however, the State Committee on Cults 
maintains a working knowledge, but not official records, of foreign 
religious organizations. The chairman of the committee has the status 
of a deputy minister.
    Foreign clergy, including Muslim clerics, Christian and Baha'i 
missionaries, members of the Jehovah's Witnesses, the Church of Jesus 
Christ of Latter-Day Saints (Mormons), and many others freely carry out 
religious activities. The State recognizes the de facto existence of 
the Bektashis but they did not have the right to their own 
representative in the former State Secretariat of Religions. There is 
no indication of Bektashis' activities being placed under the 
supervision of the Sunni community.
    According to official figures, there are 29 religious schools in 
the country with some 2,745 students. The State Committee has the right 
to approve the curricula of religious schools.
    The Government has not yet returned all the properties and 
religious objects under its control that were confiscated under the 
Communist regime in 1967. In cases where religious buildings were 
returned, the Government often failed to return the land surrounding 
the buildings. The Government also is unable to compensate the churches 
adequately for the extensive damage that many religious properties 
suffered. The Orthodox Church has complained that it has had difficulty 
in recovering some religious icons for restoration and safekeeping.
    The Albanian Evangelical Alliance, an association of more than 100 
Protestant Churches, has complained that it has encountered 
administrative obstacles to building churches, accessing the media, and 
receiving exemptions from customs duties. The growing evangelical 
community continues to seek official recognition and participation in 
the religious affairs section of the Council of Ministers.
    d. Freedom of Movement Within the Country, Foreign Travel, 
Emigration, and Repatriation.--The Law on Fundamental Human Rights and 
Freedoms provides for freedom of movement within the country and for 
freedom to leave the country and return, and the Government respects 
these rights in practice.
    A problem that arose as a result of uncontrolled internal migration 
is local registration and status. As a result of such internal 
migration, thousands of citizens are denied access to certain basic 
services such as education and medical care. In many educational 
institutions, students must have, among other documents, an official 
document from the district authorities that acknowledges that they are 
inhabitants of the district. The lack of such documents prevents many 
students from attending school. The effects of uncontrolled internal 
migration became apparent during the October local elections when tens 
of thousands of inhabitants were registered in more than one place, 
resulting in many inaccuracies in the voter lists.
    Citizens who fled the country during or after the Communist regime 
are able to return, and if they lost their citizenship, they are able 
to have it restored. Citizens born in the country who emigrate may hold 
dual citizenship.
    The Constitution gives foreigners the right of refuge in the 
country, and a 1998 asylum law includes provisions for the granting of 
refugee status, in accordance with the 1951 U.N. Convention Relating to 
the Status of Refugees and its 1961 Protocol. The Government accepts 
the entry of refugees, does not expel those with valid claims to 
refugee status, and works with the international community to provide 
housing and support for them. The Government provides for first asylum, 
but no appeals procedure mechanism was in place at year's end.
    The country hosted approximately 4,000 registered refugees during 
the year. The refugee population overwhelmingly is Kosovar; only 28 
refugees identified themselves as coming from outside the borders of 
the former Yugoslavia. Humanitarian relief organizations provided 
social service support for the refugee community and coordinated 
further assistance through a network of NGO's that provide health care 
coverage, insurance, and limited training. The Government continued to 
play a key role in facilitating and coordinating the work of these 
groups. The vast majority of refugees continued to live with host 
families. There were approximately 500 registered Kosovar refugees and 
a small number of other refugees left in the country at year's end.
    Organized criminal gangs have made the smuggling of illegal 
immigrants--Albanians, Kurds, Pakistanis, Chinese, Turks, and others 
from the Middle East and Asia--a lucrative business. Italy is the most 
common destination. The Government has taken a number of measures to 
stop the flow, but a lack of resources and corruption among law 
enforcement forces, hinders its efforts. Italian military and border 
patrol squads operate in various coastal zones in Albania in an effort 
to stop the flow of illegal immigrants. In September following an 
incident in which two Italian Guardia di Finanza police were killed 
while combating traffickers, Parliament enacted a new, stronger law 
that, if implemented, should make it easier for police to seize the 
speedboats used primarily for illegal smuggling of persons. It enables 
the police to confiscate speedboats, on land or water, that are used in 
illegal activities and those that are unregistered. Individuals who 
have become stranded in Albania while trying to use this illegal 
pipeline are eligible for a ``care and maintenance'' program run by the 
U.N. High Commissioner for Refugees (UNHCR) and the Albanian Red Cross 
and can have their cases evaluated by UNHCR officials. 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
    The Constitution states that ``Governance is based on a system of 
elections that are free, equal, general, and periodic;'' citizens 
elected a government in 1997 in what international observers considered 
to be a satisfactory process, given the proceeding months of chaos and 
anarchy.
    In October despite procedural shortcomings and some irregularities 
in a few localities, citizens took part in local elections in a tense 
but generally peaceful atmosphere that were judged by the OSCE to have 
shown ``significant progress'' toward meeting international standards. 
International monitors considered the second round of voting ``less 
transparent and inclusive'' due to the failure to address inaccuracies 
in the voter lists, invalid ballots, and election complaints. Serious 
irregularities, including intimidation of election commission members, 
the destruction of one ballot box, and fraud in three other voting 
centers were reported in Himara.
    The Constitution prohibits the formation of any party or 
organization that is totalitarian; incites and supports racial, 
religious, or ethnic hatred; uses violence to take power or influence 
state policies; or is nontransparent or secretive in character.
    No legal impediments hinder the full participation of women and 
minorities in government, and the major political parties have women's 
organizations and have women serving on their central committees; 
however, women continue to be underrepresented in politics and 
government. In the Parliament, 10 of 155 members are female (1 of whom 
serves as deputy prime minister). In the current Government two 
ministers are female. Ethnic Greeks constitute the largest minority. 
They are represented in the current Government and participate actively 
in various political parties.

Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    The Government generally permitted human rights and related 
organizations to function freely. The Albanian Helsinki Committee, the 
Albanian Human Rights Group, the Society for Democratic Culture, the 
Albanian Media Institute, the Albanian Institute for Contemporary 
Studies, and the Women's Center were among the most active domestic 
NGO's involved in human rights activities. Despite the assistance of 
international donors, the work of all of these organizations is 
hampered by a shortage of funds and equipment; the Government 
cooperated only minimally with these local groups.
    A wide variety of international human rights NGO's visited or 
operated within the country with the cooperation of the Government and 
generally without restriction. These organizations are free to publish 
and disseminate their findings, including criticisms of the Government.
    In February Parliament elected the country's first national 
People's Advocate (Ombudsman). The Ombudsman's office, with the support 
of western governments and the OSCE, has already reviewed over 250 
cases of alleged human rights abuses. These include citizen complaints 
of police and military abuse of power, lack of enforcement of court 
judgments in civil cases, wrongful governmental dismissal, and land 
disputes (see Sections 1.c. , 1.e. , and 1.f.). The Ombudsman's office 
has had some success in cases, but it still is too early to judge 
whether it will genuinely be effective.

Section 5. Discrimination Based on Race, Sex, Religion, Disability, 
        Language, or Social Status
    The Law on Major Constitutional Provisions prohibits discrimination 
based on sex, race, ethnicity, language, or religion; however, women 
and some minority groups complain that discrimination continues in 
practice.
    Women.--Violence against women and spousal abuse are serious 
problems. In the country's traditionally male-dominated society, 
cultural acceptance and lax police response result in most abuse going 
unreported. Rape is punishable by law, as is spousal rape; however, in 
practice spousal rape is not reported or prosecuted. The concepts of 
spousal rape and sexual harassment are not well established, and, 
consequently, such acts often are not considered crimes. No government-
sponsored program protects the rights of women. An NGO maintains a 
shelter in Tirana for abused women, but the facility has the capacity 
to house only a few victims at a time. The same NGO also operates a 
hotline that women and girls can call for advice and counseling. The 
line received thousands of calls during the year. In 1999 the Advice 
Center for Women and Girls, an NGO, conducted a poll that showed that 
as many as 64 percent of females claimed to be victims of domestic 
violence.
    Many men, especially those from the northeastern part of the 
country, still follow the traditional code known as the ``kanun,'' in 
which women are considered and treated as chattel. Also under the 
kanun, it is acceptable to kidnap young women for brides. This practice 
continues in some areas of the northeast.
    Women are not excluded, by law or in practice, from any occupation; 
however, they are not well represented at the highest levels of their 
fields. The Labor Code mandates equal pay for equal work, but no data 
are available on how well this principle is implemented in practice. 
Women enjoy equal access to higher education, but they are not accorded 
full and equal opportunity in their careers, and it is common for well-
educated women to be underemployed or to work outside the field of 
their training. An increasing number of women are beginning to venture 
out on their own, opening shops and small businesses. Many are 
migrating along with men to Greece and Italy to seek employment.
    Trafficking in women and girls for the purpose of prostitution is a 
serious problem (see Section 6.f.).
    Children.--The Government's commitment to children's rights and 
welfare is codified in domestic law and through international 
agreements. The law provides for the right to at least 8 years of free 
education and also authorizes private schools. School attendance is 
mandatory through the eighth grade (or until age 18, whichever comes 
first). However, in practice many children leave school earlier than 
allowed by law in order to work with their families, especially in 
rural areas. According to recent statistics issued by the Ministry of 
Public Order and the Commission for Reconciliation of Blood Feuds, more 
than 2,000 children are endangered by blood feuds involving their 
families.
    Child sexual abuse rarely is reported, but authorities and NGO's 
believe that it exists. According to the Ministry of Public Order, more 
than 300 cases of child sexual abuse were reported during the year. 
According to the Center for the Protection of Children's Rights (CRCA), 
more than 2,000 children between the ages of 13 and 18 are involved in 
prostitution rings. According to the same organization, a large number 
of children (as many as 4,000) work as child prostitutes in Greece, and 
trafficking in children is a serious problem (see Section 6.f.). 
Criminals may kidnap children from families or orphanages to be sold to 
prostitution or pedophilia rings abroad. Within the country, Roma 
children often work as beggars and the police generally ignore the 
practice. In Tirana and other cities, it is common to see children 
selling cigarettes and other items on the street.
    People with Disabilities.--Widespread poverty, unregulated working 
conditions, and poor medical care pose significant problems for many 
disabled persons. The disabled are eligible for various forms of public 
assistance, but budgetary constraints mean that the amounts that they 
receive are very low. No law mandates accessibility to public buildings 
for people with disabilities, and little has been done in this regard.
    Religious Minorities.--Relations among the various religious groups 
are generally amicable, and tolerance is widespread. Society largely is 
secular. Intermarriage among religious groups is extremely common.
    Unlike in the previous year, there were no reports that Orthodox 
churches were the targets of vandals.
    The Archbishop of the Orthodox Church concluded that attacks on 
church property in the past were a result of vandalism rather than 
religious repression.
    National/Racial/Ethnic Minorities.--The Government played a 
constructive role in maintaining the nation's generally positive record 
on the treatment of minorities. While no recent official statistics 
exist regarding the size of the various ethnic communities, ethnic 
Greeks are the most organized and receive the most attention and 
assistance from abroad. There also are small groups of Macedonians, 
Vlachs, and Roma.
    Greek-language public elementary schools are common in much of the 
southern part of the country, where almost all ethnic Greeks live. 
However, there are no Greek-language high schools. There is a Greek 
chair at the University of Gjirokaster. The Greek minority association, 
Omonia, continued to press the authorities for more measures to protect 
the rights of the Greek minority, including the creation of additional 
Greek-language classes in some parts of the south. In May a fact-
finding mission of the Albanian Helsinki Committee visited the ethnic 
Greek area of Dropulli. Every village in this zone has its own 
elementary-middle (8-year) school in the Greek language, regardless of 
the number of students. Five newspapers are published in the Greek 
language in this area, in addition to 15 Greek papers and magazines 
distributed throughout the southern Albanian region. Radio Gjirokastra 
broadcasts a 45-minute program for the Greek community. Every teacher 
who teaches in the schools of the Greek minority zone receives, in 
addition to the salary given by the Albanian Government, a substantial 
monthly compensation of about $140 (50,000 drachmas) from the Greek 
Government. Likewise retirees who belong to this community, in addition 
to the pension received from the Albanian Government, get substantial 
monthly compensation from the Greek Government.
    Classes in the Macedonian language are available to students in the 
districts of Pogradeci and Devolli, on the border with the former 
Yugoslav Republic of Macedonia. The Macedonian Government provides 
texts for these classes free of charge. A considerable number of 
students from this area study at the universities of Skopje and Bitola. 
A small group of ethnic Montenegrins and Serbs live in the northern 
part of the country. A fact-finding mission of the Albanian Helsinki 
Committee visited the area in April and found that these communities 
have decreased in number because many of their members emigrated to 
Montenegro. This minority is not subject to any discrimination. People 
from this area receive scholarships from the Montenegrin Government for 
their children to study in Montenegro. No discrimination was reported 
against the Vlachs, who speak their own Romanian-related language as 
well as Albanian, or against the Cams, non-Orthodox ethnic Albanians 
who were exiled from Greece in 1944. Both groups live mainly in the 
south.
    Two distinct groups of Roma, the Jevg and the Arrixhi (Gabel), are 
established in the country. The Jevg tend to be settled in urban areas 
and generally are more integrated into the economy than the Arrixhi. 
Roma are the most neglected minority group. Broadly speaking they 
suffer from high illiteracy, poor public health conditions, and marked 
economic disadvantages. Roma encounter much societal discrimination.

Section 6. Worker Rights
    a. The Right of Association.--Workers have the right to form 
independent trade unions. The 1993 Labor Code established procedures 
for the protection of workers' rights through collective bargaining 
agreements. Two major federations act as umbrella organizations for 
most of the country's unions: The Independent Confederation of Trade 
Unions of Albania (membership around 118,000) and the Albanian 
Confederation of Trade Unions (membership around 100,000). Both 
organizations again experienced a drop in membership during the year. 
Some unions chose not to join either of the federations. No union has 
an official political affiliation, and the Government does not provide 
any financial support for unions.
    The Law on Major Constitutional Provisions and other legislation 
provides that all workers, except the uniformed military, the police, 
and some court officials have the right to strike. The law forbids 
strikes that are declared openly to be political or that are judged by 
the courts to be political.
    Unions are free to join and maintain ties with international 
organizations, and many did so during the year.
    b. The Right to Organize and Bargain Collectively.--Citizens in all 
fields of employment, except uniformed members of the armed forces, 
police officers, and some court employees, have the constitutional 
right to organize and bargain collectively. In practice unions 
representing public sector employees negotiate directly with the 
Government.
    Labor unions do not operate from a position of strength, given the 
country's very high level of unemployment. Effective collective 
bargaining in these circumstances is difficult, and agreements are hard 
to enforce.
    There are no export processing zones.
    c. Prohibition of Forced or Compulsory Labor.--The Law on Major 
Constitutional Provisions and the Labor Code prohibit forced or 
compulsory labor; however, trafficking in women for purposes of 
prostitution is a serious problem (see Section 6.f.). The law also 
forbids forced or bonded labor by children; however, there were reports 
that children are trafficked and forced to work abroad as prostitutes 
or beggars (see Sections 6.d. and 6.f.).
    d. Status of Child Labor Practices and Minimum Age for 
Employment.--The Labor Code sets the minimum age of employment at 16 
years and limits the amount and type of labor that can be performed by 
persons under the age of 18. Children between the ages of 14 and 16 
legally may work in part-time jobs during summer vacation. Primary 
school education is compulsory and free through age 18 or the eighth 
grade, whichever comes first; however, in rural areas, children 
continue to assist families in farm work.
    The Ministry of Labor may enforce minimum age requirements through 
the courts, but no recent cases of this actually occurring were known. 
In Tirana and other cities, it is common to see children selling 
cigarettes and other items on the street. The Government has not yet 
signed ILO Convention 182.
    The law forbids forced or bonded labor by children; however, 
trafficking in children is a problem (see Sections 6.c. and 6.f.).
    e. Acceptable Conditions of Work.--The legal minimum wage for all 
workers over the age of 16 is approximately $50 (6,380 lek) per month, 
which is not sufficient to provide a decent standard of living for a 
worker and family. Many workers look for second jobs, which are 
difficult to find. Remittances from those working abroad are very 
important for many families. The law provides for social assistance 
(income support) and unemployment compensation, but these are very 
limited, both in terms of the amounts received and the number of 
persons actually covered. The average wage for workers in the public 
sector is approximately $100 (13,201 lek) per month.
    The difference between the monthly average wage of persons who live 
in the rural and urban areas is considerable: Persons who work and live 
in urban areas earn almost 50 percent more than those who live and work 
in rural areas. Data from the National Institute of Statistics 
indicated that in rural areas more than 20 percent of persons live 
under the official poverty line, while in urban areas the figure is 11 
percent. Nationwide over 17 percent of the population live under the 
official poverty line. No data are available for private sector wages, 
but they are believed to be considerably higher than in the public 
sector.
    The legal maximum workweek is 48 hours, although in practice hours 
typically are set by individual or collective agreement. Many persons 
work 6 days a week.
    The Government sets occupational health and safety standards, but 
it has limited funds to make improvements in the remaining state-owned 
enterprises and a limited ability to enforce standards in the private 
sector. Actual conditions in the workplace generally are very poor and 
often dangerous. In 1999 there were five deaths recorded in the 
construction industry; the victims' families did not receive any 
financial support from the state social security administration because 
the workers were not insured. The Labor Code lists the safety 
obligations of employers and employees but does not provide specific 
protection for workers who choose to leave a workplace because of 
hazardous conditions.
    f. Trafficking in Persons.--The law does not criminalize 
trafficking in persons, although anti-kidnaping laws may be used to 
prosecute such cases; however, trafficking in women for the purpose of 
prostitution and trafficking in children are serious problems. While 
the exact number of Albanian women that are trafficked is unknown, an 
Albanian NGO estimates that there were about 30,000 working abroad as 
prostitutes, in Turkey and other countries during the year. The country 
also is one of the major transit countries for the trafficking of women 
from Moldova and Romania in particular, and from Bulgaria, Russia, and 
Ukraine. These women are brought into the country, mainly through 
Montenegro, then clandestinely transported to neighboring countries 
such as Italy and Greece. Trafficking in children also is a serious 
problem. Criminals may kidnap children from families or orphanages to 
be sold to pedophilia rings abroad.
    Police treatment of women trafficked from Albania and third 
countries remains a problem. There is a lack of appropriate facilities 
for such women, and trafficked women often are detained in police 
stations for extended periods of time (see section 1.d).
    Trafficked women periodically are arrested and prosecuted for 
prostitution. The Italian Guardia di Finanza (Fiscal Police), which 
patrols the Adriatic for traffickers, claims to turn back between five 
and eight scafis (rubber boats used by traffickers) each night, 
although not all of these necessarily involved trafficked women.
    The Government has begun to initiate limited law enforcement and 
legal reforms to combat the problem; however, porous borders, poorly 
trained and corrupt law enforcement and judiciary officials, legal 
loopholes, and lack of government will have hampered these efforts. The 
Prosecutor General's Office confirmed that very few cases against 
traffickers were presented during the year.
    Several NGO's address the problem of trafficking on case-by-case 
basis; however, given the scope of the trafficking problem and limited 
resources to address individual reintegration, most victims of 
trafficking receive little or no assistance. The reintegration of 
trafficked women to their homes sometimes is problematic. In some 
cases, women simply are returned to the family members who sold them to 
traffickers in the first place, or to the same situation from which 
they were trafficked, which often leads to these women being re-
trafficked. In addition victims of trafficking often are forced or 
deceived into bonded labor and live in violent and abusive conditions, 
which leaves them with physical and mental scars. As a result, 
sheltering, counseling, and reintegrating victims is a difficult 
undertaking.
    The International Organization for Migration and the International 
Catholic Migration Commission have established an inter-agency referral 
system that enables a group of organizations to jointly provide return 
and reintegration assistance to women who are victims of trafficking. 
From January through June, 65 women were returned through the program. 
This system also provides a framework to assist with temporary shelter 
and return assistance for trafficking victims from other countries that 
want to return from Albania to their home countries.
                               __________

                                ANDORRA

    The Principality of Andorra is a constitutional parliamentary 
democracy. Two Princes with joint authority, representing secular and 
religious authorities, have headed the Principality since 1278. Under 
the 1993 Constitution, the two Princes--the President of France and the 
Catholic Bishop of Seu d'Urgell, Spain--serve equally as heads of 
state, and are represented each in Andorra by a delegate. Elections 
were held in 1997 to choose members of the ``Consell General'' (the 
Parliament), which selects the head of government. The judiciary 
functions independently.
    Andorra has no defense force and depends on neighboring Spain and 
France for external defense. The national police, under effective 
civilian control, have sole responsibility for internal security.
    The market-based economy is influenced significantly by those of 
its neighbors France and Spain. After some years of a serious 
recession, the economy is undergoing a period of economic expansion. 
Commerce and tourism are the main sources of income. Because of banking 
secrecy laws, the financial services sector is growing in importance.
    The Government generally respected the human rights of its 
citizens, and the law and the judiciary provide effective means of 
dealing with individual instances of abuse.

                        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, and there were 
no reports that officials employed them.
    Prison conditions meet minimum international standards, and the 
Government permits visits by human rights monitors.
    d. Arbitrary Arrest, Detention, or Exile.--The Constitution 
prohibits arbitrary arrest, detention, or exile, and the Government 
observes these prohibitions.
    In June an attorney filed a complaint against the director of the 
police, 2 police commissioners and 11 members of the police force, 
alleging he was arrested illegally. This case was still pending at 
year's end.
    In spite of the request of the Council of Europe's Committee for 
the Prevention of Torture, the Government has declined thus far to 
modify the law to provide arrested individuals access to an attorney 
from the moment of arrest. Legislation now provides legal assistance 
only 24 hours after the time of arrest.
    In May the country became part of a network of 47 states with 
prisoner transfer arrangements permitting qualifying prisoners to serve 
their sentences in their own country.
    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary, and the Government respects this provision in 
practice.
    The highest judicial body is the five-member Superior Council of 
Justice. One member each is appointed by: The two Princes; the head of 
government; the President of the Parliament; and, collectively, members 
of the lower courts. Members of the judiciary are appointed for 6-year 
terms.
    The judiciary provided citizens with a fair and efficient judicial 
process.
    There were no reports of political prisoners.
    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The Constitution provides citizens with safeguards 
against arbitrary interference with their ``privacy, honor, and 
reputation,'' and government authorities generally respect these 
prohibitions. Private dwellings are considered inviolable. No searches 
of private premises may be conducted without a judicially issued 
warrant. Violations are subject to effective legal sanction. The law 
also protects private communications.

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. An independent press, an effective judiciary, and a 
functioning democratic political system, combine to ensure freedom of 
speech and of the press, including academic freedom.
    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for these rights, and the Government respects them in 
practice. Since adoption of the 1993 Constitution, the Government has 
registered various parties; some of them have dissolved.
    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government respects this right in practice. The 
Constitution acknowledges a special relationship between the Roman 
Catholic Church and the State, ``in accordance with Andorran 
tradition.'' The Catholic Church receives no direct subsidies from the 
Government, although some payment is provided to the church for 
maintenance of birth and death records. Catholic religious instruction 
is available to students in public schools on an optional basis, 
outside of both regular school hours and during the time frame set 
aside for elective school activities, such as civics or ethics. The 
Catholic Church provides teachers for these classes, and the Government 
pays their salaries. The Government professes willingness to provide 
instruction in other religions on the same basis, if parents so 
request; however, at years end no parent's requested instruction in any 
religions other than the Catholic religion.
    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.
    The Government cooperates with the U.N. High Commissioner for 
Refugees and other humanitarian organizations in assisting refugees. It 
is government policy not to expel persons having valid claims to 
refugee status, and there were no reports of such expulsions. The issue 
of first asylum did not arise during the year.

Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The Constitution provides citizens with the right to change their 
government peacefully, and citizens exercise this right in practice 
through periodic, free, and fair elections held on the basis of 
universal suffrage.
    Women are underrepresented in government and politics. Although 
progress has been made and there are no formal barriers, few women have 
run for office. One out of 28 Members of Parliament is a woman, and 1 
woman holds a cabinet level position.

Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    The Government accepts international and nongovernmental 
investigations of allegations of human rights abuses. Approximately 10 
human rights associations exist in the country, the most active being 
the Association of Immigrants in Andorra (AIA) and the Association of 
Andorran Women (AAW). The first defends the rights of foreign 
residents. The second actively supports women's rights. The latter 
collaborates with the Department of Public Health and Social Welfare to 
help battered women, single parent families, and others in need. In 
spite of demands from the two organizations, the Government has 
declined to create a department specifically for women's issues.
    In one case, a citizen filed a complaint with the European Court of 
Human Rights when the judge in his case disallowed his appeal to the 
Constitutional Court. The appeal contended that his trial was not 
sufficiently impartial. However, the court, after studying the case, 
did not accept the complaint and stated that no violation of human 
rights had occurred.

Section 5. Discrimination Based on Race, Sex, Religion, Disability, 
        Language, or Social Status
    The Constitution declares that all persons are equal before the law 
and prohibits discrimination on grounds of birth, race, sex, origin, 
religion, opinions, or any other personal or social condition, although 
the law grants many rights and privileges exclusively to citizens. The 
Government effectively enforces these provisions.
    Women.--There is no specific legislation regarding violence against 
women. Article 8.2 of the Constitution is applied in such cases. The 
AIA and the AAW received more than 60 complaints of physical and 
psychological violence against women, as compared with 4 in 1999. The 
associates maintained that the number is increasing. They also asserted 
that such domestic violence existed at all levels of society. Women 
suffering from domestic violence requested help from Women's 
Associations, but very rarely filed a complaint with the police. No 
complaints are known to have been filed with the police by year's end.
    In theory there is no legal discrimination against women, privately 
or professionally; however, the AAW reported that in practice, there 
have been many cases of women dismissed from employment due to 
pregnancy. Discriminatory wage differentials were reportedly common, 
with some women's wages an average of 32 percent lower than their male 
counterparts' earnings. The Association actively promoted women's 
issues through information exchanges and limited direct support to 
those in need.
    Children.--The Government's commitment to children's welfare is 
demonstrated by its systems of health care and education. Free public 
education begins at age 4 and is compulsory until age 16. The 
Government provides free nursery schools, although the existing number 
falls short of the need.
    On September 7, the Government signed an optional protocol of the 
Convention of the Rights of Children related to selling of children, 
child prostitution, and child pornography.
    There is no societal pattern of abuse of children.
    People with Disabilities.--There is no discrimination against 
disabled persons in employment, education, or in the provision of other 
state services. The law mandates access to new buildings for people 
with disabilities, and the Government enforces these provisions in 
practice.
    National/Racial/Ethnic Minorities.--Spanish nationals are the 
largest group of foreign residents, accounting for approximately 43 
percent of the population. Other sizable foreign groups are Portuguese, 
French, and British. A small but fast growing group of immigrants, 
especially from North Africa, work mostly in agriculture and 
construction.
    Although the Constitution states that foreign legal residents enjoy 
the same rights and freedoms as citizens, some immigrant workers 
believed that they did not have the same rights and security. Recent 
legislation has improved the quality of life for immigrant workers. 
Nevertheless, many immigrant workers hold only ``temporary work 
authorizations.'' These permits are valid only as long as the job 
exists for which the permit was obtained. When job contracts expire, 
temporary workers must leave the country. The Government prohibits the 
issuance of work permits, unless workers can demonstrate that they have 
a fixed address with minimally satisfactory living conditions.
    More than 4,000 immigrants do not have work permits or residence 
permits because the quota for immigration is not as high as the number 
of workers needed and employed in the country.

Section 6. Worker Rights
    a. The Right of Association.--The Constitution recognizes the right 
of all persons to form and maintain managerial, professional, and trade 
union associations without prejudice. In accordance with constitutional 
provisions, a registry of associations was established in 1996 and is 
being maintained. Strikes were illegal under the old system, and the 
new Constitution does not state explicitly that strikes are permitted.
    b. The Right to Organize and Bargain Collectively.--The 
Constitution states that both ``workers and employers have the right to 
defend their own economic and social interests.'' Parliament is charged 
with adopting legislation to regulate this right in order to guarantee 
the provision of essential services, such as the vital services of 
doctors, nurses, and police. Antiunion discrimination is not prohibited 
under the law. Approximately 600 associations exist in the country and 
have registered within the Government's Register of Association by 
year's end, this figure includes cultural associations, workers 
associations, foreign associations, colleges and attorney's, colleges 
of physicians, and a police trade union. No unions have emerged among 
workers in the private sector. No figure is available regarding the 
percentage of unionized labor. A partial reason for this circumstance 
is that no statue regarding labor relations and unionization has been 
elaborated. Even the police union functions more as a professional 
association than as a syndicate.
    In November the Government signed the European Social Charter.
    There are no export processing zones.
    c. Prohibition of Forced or Compulsory Labor.--The law does not 
prohibit forced and bonded labor, including that performed by children 
specifically, but such practices are not known to occur.
    d. Status of Child Labor Practices and Minimum Age for 
Employment.--Children under the age of 18 normally are prohibited from 
working, although in exceptional circumstances children ages 16 and 17 
may be allowed to work. The Labor Inspection Office in the Ministry of 
Social Welfare, Public Health, and Labor enforces child labor 
regulations. The law does not prohibit forced and bonded labor by 
children specifically; however, such practices are not known to occur 
(see Section 6.c.).
    e. Acceptable Conditions of Work.--The workweek is limited to 40 
hours, although employers may require overtime from workers. The legal 
maximums for overtime hours are 66 hours per month and 426 hours per 
year. An official minimum wage is set by government regulations. Other, 
higher wages are established by contract. The minimum wage is 
approximately $3.45 (674 pesetas) per hour and approximately $599 
(116,827 pesetas) per month. The minimum wage barely provides a decent 
standard of living for a worker and family. The Labor Inspection Office 
enforces minimum wage observance. Workers can be dismissed with 15 
days' to 6 months' notice, depending on how long they have been working 
for the company. A minimal indemnification of 1 month's salary per year 
worked is paid if a worker is fired without justification.
    A dismissed worker receives unemployment and health benefits for 
only 25 days. A board composed of Andorran nationals, although they 
represent only a small portion of the work force, controls retirement 
benefits. The Labor Inspection Service hears labor complaints.
    The Labor Inspection Service sets occupational health and safety 
standards and takes the necessary steps to see that they are enforced. 
During the past year, the Labor Inspection Service filed 145 complaints 
against companies for violating labor regulations, and it has the 
authority to levy sanctions and fines against such companies. The law 
authorizes employees to refuse certain tasks if their employers do not 
provide the customary level of protection. No legislation grants 
workers the right to remove themselves from dangerous work situations 
without jeopardy to their continued employment.
    f. Trafficking in Persons.--The law does not prohibit trafficking 
in persons; however, there were no reports that persons were trafficked 
in, to, from, or within the country. Nor is the country a transit point 
for traffic in persons. However, the law does provide punishment for 
traffickers of illegal workers.
                               __________

                                ARMENIA

    Armenia has a Constitution that provides for the separation of 
powers; however, the directly elected President has extensive powers of 
appointment and decree that are not balanced by the legislature or an 
independent judiciary. The President appoints the Prime Minister, who 
is in charge of the Cabinet. Robert Kocharian was elected President in 
a multi-candidate election in 1998 after former President Levon Ter-
Petrossian was forced to resign by his former political allies in the 
Government and Parliament. There were flaws in both rounds of the 1998 
presidential elections. Organization for Security and Cooperation in 
Europe (OSCE) observers witnessed very substantial irregularities and 
concluded that the elections seriously challenged international 
democratic norms in regard to most key criteria. These irregularities 
inflated the number of votes for Kocharian. Nonetheless, the 1998 
elections, the May 1999 Parliamentary and October 1999 municipal 
elections, and several 2000 by-elections showed continued improvement 
over past elections with respect to voting practice and vote-counting, 
as well as the ability of a pluralistic group of candidates to campaign 
freely. Although irregularities marred both the parliamentary and local 
elections in 1999, OSCE observers categorized the former as a relevant 
step toward compliance with OSCE commitments, but stated that they 
still failed to meet international standards, with problems in many 
precincts such as inaccurate or obsolete voting lists, the presence of 
unauthorized personnel during the voting and counting processes, and 
possible irregularities involving voting of military personnel. Some 
local observers reported that 1999 municipal elections and by-elections 
in 2000 also were flawed by poor voter lists and by disappearance or 
non-distribution of unmarked ballots. The Parliament differs from 
previous ones in two important ways: First, members are required to 
serve full-time and not to hold jobs outside the legislature, and 
second, the number of seats was reduced from 190 to 131. The current 
majority, made up of a coalition called Unity, includes the two largest 
parties, the Republican Party and the Peoples' Party. Unity is assisted 
by a group of loosely organized independents who call themselves the 
Stability Bloc. This Bloc split in December with a minority faction 
renaming itself the ``Democrats.'' Some deputies from Unity left the 
group during the year over policy differences and formed a bloc called 
Hayastan, which opposes the Government on some issues, and reduced but 
not eliminated Unity's majority. The legislature approves new laws, 
must confirm the Prime Minister's program, and can remove the Prime 
Minister by a vote of no confidence. Both the Government and the 
legislature can propose legislation. The Constitution provides for an 
independent judiciary; however, in practice, judges are subject to 
pressure from the executive branch and corruption.
    The Ministries of Internal Affairs and of National Security, 
formerly one ministry which split in 1999, are jointly responsible for 
domestic security, intelligence activities, border controls, and the 
national police force. Members of the security forces committed human 
rights abuses.
    The transition from a centralized, controlled economy to a market 
economy continued to move forward, although the industrial sector still 
is not functioning at peak capacity and its output remains low. 
Unemployment remains high, resulting in a high degree of income 
inequality, but the exact figure is difficult to quantify. This is 
because a significant amount of economic activity, perhaps as much as 
40 percent, is not captured by government accounting or taxation; 
unemployment is approximately 12.1 percent according to the Government; 
however, other services estimate the unemployment rate to be 
approximately 50 percent. Women form a disproportionately large number 
of the unemployed. Most small and medium-sized enterprises have been 
privatized, as has most agricultural land. All landowners now have 
received titles to their land, which are protected by the Constitution. 
The passage of a bill establishing a strict and transparent system for 
bidding on privatization of the electrical distribution network in 
August, was seen as a major step forward in establishing a system for 
fair and transparent privatization of state enterprises. Out-migration 
remains a serious problem. The gross domestic product (GDP) increased 
about 2.5 percent, to about $600 per capita. Inflation fell to below 1 
percent for the year. Foreign assistance and remittances from Armenians 
abroad play a major role in sustaining the economy, although the 
financial crisis in Russia, where many Armenians have gone to look for 
work, cut deeply into the flow of remittances. The Government is 
working to resolve its current budget deficit through increasing the 
tax collection rate, as well as by continuing cuts in most areas of 
government spending.
    The Government's human rights record was poor in several important 
areas, and although there were improvements in a few areas, problems 
persist in numerous areas. Substantial intervention by local power 
structures in the election process continues to restrict citizens' 
ability to change their Government peacefully. There were no reports 
that members of the security forces committed extrajudical killings due 
to severe beatings and mistreatment in detention. However, there were 
no reports of government action against individuals who may have been 
responsible for the reported 54 deaths in custody in 1999. Members of 
the security forces routinely beat detainees during arrest and 
interrogation, arbitrarily arrested and detained persons without 
warrants, and did not respect constitutional protections regarding 
privacy and due process. Impunity remains a problem, and the Government 
rarely investigates abuses by members of the security forces. Prison 
conditions did improve; however, they still are harsh and life-
threatening. Lengthy pretrial detention is a problem. During the year, 
parliamentary commissions were allowed to visit military camps and hear 
complaints about abuses from recruits. The judiciary is subject to 
political pressure and does not enforce constitutional protections 
effectively. There are some limits on press freedom, and many 
journalists practice self-censorship. State television, which refrains 
from criticizing government policy, remains the major source of news 
for most of the population, but independent television and newspapers, 
along with private radio stations, offer substantial competition. The 
nongovernmental media often criticize the country's leadership and 
policies. Burdensome registration requirements hinder freedom of 
association. The law places some restrictions on religious freedom, 
including a prohibition against proselytizing by religions other than 
the Armenian Apostolic Church. Registration requirements for religious 
groups kept Jehovah's Witnesses from operating legally, and 41 
Jehovah's Witnesses are in jail for refusing military service. The 
Government places some restrictions on freedom of movement. 
Discrimination against women, the disabled, and minorities remains a 
problem. The plight of street children is a significant problem. 
Trafficking in women and girls also is a problem.
    After President Kocharian's election in 1998, a number of 
commissions were established, and a constitutional referendum was 
proposed, with the goal of improving human rights and reforming the 
judiciary. By year's end, none of the proposed recommendations had been 
implemented, and no referendum had been held.
    In October 1999, five terrorists entered the National Assembly and 
killed the Prime Minister, the Speaker of the National Assembly, six 
other deputies or members of the Government, and wounded at least five 
more persons. An investigation of the killings, conducted by the Deputy 
Prosecutor General, resulted in the detention of 19 persons, including 
a deputy of the National Assembly, the then presidential chief of 
staff, and the deputy chief of state television. Five persons 
subsequently were released after spending several months in jail when 
evidence proved insufficient to charge them. Another detainee died in 
prison in September, apparently of accidental electrocution. The trial 
of the remaining accused was scheduled to begin in late October but was 
postponed at the request of defense attorneys and is scheduled to begin 
in February 2001.
    Defense attorneys and the press accused the Deputy Prosecutor 
General of using coercion, including physical abuse of the accused, to 
extract evidence, and President Kocharian expressed concern that the 
rights of the accused be respected.

                        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. The Government took no action by year's 
end regarding 54 cases of deaths in custody in 1999, which the 
International Helsinki Federation had asked it to investigate. The 
cases of Stepan Gevorgian and Arsen Stepanian were closed during the 
year due to lack of evidence.
    There were a significant number of deaths of military servicemen 
reportedly due to mistreatment and training related accidents (see 
Section 1.c.).
    According to an August announcement by the prosecutor general's 
office, in 1999 there were 54 deaths in custody due to beatings and 
mistreatment in detention. No information on such incidents were 
available by year's end. Norayr Yeghiazarian, a detainee awaiting trial 
in connection with the October 1999 shootings in Parliament (see 
below), was found dead in his cell in September. The Ministry of 
National Security announced, and other prisoners in his cell confirmed, 
that he was accidentally electrocuted through improper handling of an 
electrical appliance.
    Prison conditions are harsh and life-threatening, and medical 
treatment is inadequate. There were a number of deaths in prison due to 
disease (see Section 1.c.). The International Committee of the Red 
Cross (ICRC) signed an agreement with the Government in June to open a 
tuberculosis facility for inmates.
    Former Minister of Interior and Mayor of Yerevan Vano Siradeghian 
was charged with 10 counts of murder and plotting to commit murder and 
his trial began on January 10. On April 1, the National Assembly voted 
to strip Siradeghian, a National Assembly deputy, of his parliamentary 
immunity. Siradeghian disappeared on April 3 and is believed to have 
fled the country. In a court case related to Siradeghian, an armed gang 
led by Armen Ter-Sahakian went on trial in May. All of the gang members 
were former Interior Ministry employees and confessed to various 
misdeeds prior to the trial. In their confessions, the nine accused, 
claimed to have been members of a hit squad that carried out several 
murders on Siradeghian's orders, including the murder of Armenian 
Railroads Director Hambartzum Ghandilian, Ashtarak district executive 
committee chairman Hovhannes Sukiasian, and the attempted murder of 
Vladimir Grigorian, Head of the Prosecutor General's investigative 
department. They also confessed to extortion, robbery, and illegal 
possession of weapons. All were found guilty in August. Ter-Sahakian 
and Alik Grigoryan were sentenced to death, while the remaining six 
accused received prison terms from 4 to 11 years. The death penalty 
currently is in abeyance and is expected to be abolished soon, in such 
a case it is expected that the two death sentences would be commuted to 
lengthy imprisonment.
    Another court case related to Siradeghian involved the trial of a 
group of 11 persons led by Vahan Harutyunian, former Deputy Minister of 
Interior and ex-Commander of Internal Troops. All of 11 were found 
guilty of murder, attempted murder, abuse of power, and complicity in 
murder. The prison terms for six of them varied from 6 to 15 years, 
while five subsequently were released under the terms of two amnesties 
passed by the National Assembly in 1997 and 1998. Several of those 
convicted announced that they would appeal.
    On October 27, 1999, five terrorists opened fire on a session of 
Parliament with automatic weapons. They killed the Prime Minister, the 
Speaker of Parliament, the two Deputy Speakers, the Minister for 
Special Projects, and three deputies, and wounded the Minister of 
Privatization and four other deputies, some critically. According to 
reported statements by the gunmen both before and after they 
surrendered to security forces, their motives appeared to be both 
political and personal.
    The Deputy Prosecutor General (who is also the military prosecutor) 
was placed in charge of the investigation of the shootings. By the end 
of 1999, 19 persons, including a National Assembly deputy (who was 
stripped of his immunity by a vote of that body), the then-presidential 
chief of staff and advisor, and the deputy chief of state television, 
had been imprisoned under legal provisions permitting the detention of 
criminal suspects whether or not they had been accused legally. The 
investigation was criticized by attorneys for the accused, by the 
media, and by representatives of human rights organizations for alleged 
human rights abuses, including physical and mental coercion of the 
detainees. Gagik Jahangiran, the military prosecutor investigating the 
case, repeatedly rejected calls for the creation of a special 
Parliamentary investigation to ensure an impartial investigation. 
During the year, four of the accused, including the presidential 
advisor, the Parliamentarian, and the deputy chief of state television, 
were released, and charges against them dropped. The military 
prosecutor admitted that the evidence was insufficient to hold them. 
One detainee was released on bail for health reasons, and another 
prisoner was found dead in his cell in September (see above). The 
trials of the 13 accused are scheduled to begin in February 2001 due to 
requests by the attorneys for the accused that they have time to 
evaluate the evidence.
    No progress was announced in the investigation of the December 1998 
killing of Deputy Minister of Defense Vahram Khorkhoruni. In September 
1999, the death of Deputy Minister of Interior and National Security 
and Head of Internal Troops Artsrun Margarian, who was found shot in 
February 1999, officially was ruled a suicide. In March a guilty 
verdict was reached in the case of Dr. Hrant Papikian, who was held in 
connection with an alleged previous attack on Margaryan; Papikian 
appealed to the Court of Cassation, which reduced his sentence to 10 
months; and since he already had served that amount of time, he was 
released on March 22.
    Cease-fire violations by both sides in the Nagorno-Karabakh 
conflict occasionally resulted in deaths and injuries to civilians.
    b. Disappearance.--There were no reports of politically motivated 
disappearances.
    In July the Government unilaterally released five Azeri prisoners 
of war (POW's) under OSCE/ICRC auspices; Azerbaijan reciprocated by 
unilaterally releasing two Armenian POW's. In August Armenia released 
another recently captured POW, and announced that it now held only one 
Azeri soldier, who did not wish to be repatriated (which the OSCE 
verified), and one Azeri civilian, who was believed to be a criminal 
fleeing Azeri police.
    c. Torture and Other Cruel, Inhuman or Degrading Treatment or 
Punishment.--The Constitution and laws prohibit torture; however, the 
practice of security personnel beating pretrial detainees during arrest 
and interrogation remains a routine part of criminal investigations, 
and prosecutors rely on such confessions to secure convictions. Most 
cases of police brutality go unreported, due to fear of police 
retribution. Impunity remains a problem.
    In 1999, there were 54 cases of death in custody due to beatings 
and other abuse (see Section 1.a.).
    Attorneys for the 19 detainees held in the October 1999 killings in 
Parliament claimed in the media that the accused were being held in 
inhuman conditions and were beaten during interrogations. 
Representatives of the government-appointed Commission on Human Rights, 
after several attempts, were able to see the detainees and were told by 
the men that they had been coerced physically and mentally into 
confessions. The Commission reported no obvious evidence of physical 
abuse. A parliamentary commission was allowed to see imprisoned Deputy 
Mushegh Movsesian and confirmed that he showed signs of having been 
abused physically. The four detainees released in mid-year told media 
that they had been mistreated. Former presidential Chief of Staff 
Alexan Harutyunian said that as part of his release agreements, he had 
promised not to talk to the media about the details of his case.
    Although defense lawyers may present evidence of torture in an 
effort to overturn improperly obtained confessions, and according to 
law all such charges must be investigated, judges and prosecutors 
routinely ignore such complaints even when the perpetrator can be 
identified.
    The Government has not conducted investigations of abuse by 
security services except in rare cases where death has resulted and 
under pressure from human rights groups. The number of deaths of 
conscripts from training accidents and physical abuse decreased by 18 
percent compared with 1999, according to government figures. While this 
number cannot be verified, based on information from a human rights 
group, the figure of 16 to 20 noncombat deaths per month from all 
causes during the year appears to be accurate. Amnesty International 
stated that a conscript arrested for being absent without leave was 
beaten so badly in August 1998 that he subsequently died. The case 
currently is pending in the Echmiatsin regional court. There are no 
separate military courts (see Section 1.e.). Military cases, many of 
which are settled administratively, that do go to trial in civilian 
courts are handled by the military prosecutor's office.
    The Ministry of Defense cites reasons of ``national security'' in 
declining to provide exact details on some cases, citing the fact that 
the country remains technically in a state of war with Azerbaijan.
    During the year members of the Yezidi ethnic-religious minority 
continued to complain that ``hazing'' and beating of conscripts, common 
throughout the former Soviet Union, especially are severe for Yezidi 
conscripts (see Section 5). In July parents of recruits killed or 
injured during the training process held demonstrations for several 
days near the presidential palace and met with officials of the 
presidency (but not with the President himself) to discuss their 
complaints.
    In April police reportedly did not intervene to prevent harassment 
and abuse of members of Jehovah's Witnesses by local hoodlums (see 
Section 5.). Yezidis complain that police fail to respond to crimes 
committed against Yezidis.
    Homosexuals complain that police physically and mentally abuse 
them, especially if they have no means to pay police extortion. Persons 
accused of homosexuality in the military generally are believed to 
suffer beatings and other physical abuse above and beyond that 
inflicted on other recruits.
    There were unsubstantiated reports that security authorities 
confine persons in mental institutions as a form of detention (see 
Section 1.d.).
    Prison conditions are harsh and life-threatening. Facilities are 
often overcrowded, and food is inadequate to preserve health unless 
supplemented by assistance from families. Medical and sanitary 
facilities in prisons are inadequate. Tuberculosis and other 
communicable diseases are common, and there were a number of deaths 
from such diseases during the year. Although, in principle, an 
agreement has been reached to transfer responsibility for prisons from 
the Ministry of Internal Affairs to the Ministry of Justice with a goal 
of improved oversight, no formal action to that effect was taken by 
year's end. Physical abuse by guards and other prisoners is a problem. 
In August the Prosecutor General's office announced that 54 prisoners 
had died in prison of in 1999, the highest count for any year since 
independence in 1991. The Government's Human Rights Commission visited 
the main prison in Gyumri in October and reported that it found 
conditions there to be ``shocking'' with the prison filthy, cold, and 
in poor repair. Officials were indifferent to the welfare of the 
prisoners. The Commission reported that complaints mailed to them by 
prisoners were intercepted and given instead to the prison's warden.
    According to his lawyer, the Ministry of Internal Affairs staff 
continued to physically abuse former Minister of Education Ashot Bleyan 
while he awaited trial on corruption charges (see Section 1.d.). While 
Bleyan's appeal that his case be dropped was refused, in July the 
Presidential Human Rights Commission recommended that Bleyan be 
detained under more humane conditions.
    The ICRC had free access to detention facilities run by the 
Ministry of Interior. In these facilities, the ICRC is able to visit, 
according to its standard modalities, any prisoner in whom it has an 
interest, whether in prisons or in local police stations. The ICRC also 
had free and regular access to remaining POW's from the Nagorno-
Karabakh conflict in the prison of the Ministry of National Security 
and in military police stations. The ICRC also had access to POW's in 
Nagorno-Karabakh. In July and August, Armenia and Azerbaijan exchanged 
POW's under OSCE and ICRC auspices (see Section 1.b.).
    d. Arbitrary Arrest, Detention or Exile.--Authorities continued to 
arrest and detain criminal suspects without legal warrants, often on 
the pretext that they were material witnesses. The police frequently 
imprisoned detainees without notification of their family members. 
Often several days pass before family members obtain information about 
an arrest and the person's location. Security agencies often restrict 
access of lawyers and family members to prisoners until the preliminary 
investigation phase is complete, a process that can last weeks. During 
the investigation of the October 1999 shootings, five persons were 
arrested and held for a period of approximately 5 months in the 
Ministry of National Security's special detainment facilities. They 
then were released and charges against them were dropped (see Section 
1.a.).
    The Government allowed ICRC representatives and a parliamentary 
investigating committee to visit those detained in relation with the 
October 1999 shootings. The detainees also were permitted contact with 
lawyers, although their attorneys complained that this contact was 
insufficient and restricted. However, requests by a local human rights 
monitoring group to visit the men to check allegations of physical and 
mental abuse against the prisoners were denied.
    The transitional provisions of the Constitution provide that 
Soviet-era procedures for searches and arrests were to continue until 
the new Criminal Code and Criminal Procedure Code came into effect in 
January 1999. Although the Criminal Procedure Code entered into force, 
the Criminal Code remains under consideration in Parliament (see 
Section 1.e.). A suspect may be detained for no more than 12 months 
pending trial, after which the suspect must be released or tried; 
however, this latter provision is not always enforced. There is no 
provision for bail, although detainees may sign a document and remain 
at liberty under their own recognizance pending trial.
    Former Education Minister Ashot Bleyan was held by law enforcement 
officials for several months after being charged in 1999 with 
embezzlement of public funds intended for the purchase of textbooks 
(see Section 1.c.). Bleyan's lawyer charged, both in 1999 and during 
the year, that his client has been abused physically and kept in harsh 
conditions in an attempt to force a confession. Bleyan's July appeal to 
have his case dropped was denied, but the Presidential Commission on 
Human Rights recommended in July that his conditions of imprisonment be 
eased. After an 8 month trial, Bleyan was sentenced to 8 years in 
prison in October for embezzlement of state property. Bleyan has 
claimed that the charges against him were fabricated for political 
reasons (see Section 1.e.).
    On October 30, Arkady Vardanyan a Moscow-based Armenian businessmen 
who is a Russian citizen, led a demonstration in Yerevan of 
approximately 10,000 persons calling for the removal of the Government. 
After the demonstration, Vardanyan was taken into custody and sentenced 
to 11 days detention on the charge that he had a permit for a 
demonstration but not a march (see Section 2.b.). After 11 days, 
Vardanyan was not released; however, one of his attorneys that was 
arrested with him was released. The Prosecutor General's office 
announced that Vardanyan was being charged with seeking and advocating 
the overthrow of the Government by violence. A trial date has not been 
set. Russian consular officers are allowed access to Vardanyan in 
prison in order to ensure that his rights are respected.
    At year's end, 41 Jehovah's Witnesses were in detention for refusal 
to serve in the military services (see Section 2.c.).
    Armed forces recruiters sometimes take hostages to compel the 
surrender of draft-evading or deserting relatives (see Section 1.f.).
    A local human rights group has made unsubstantiated allegations 
that there are cases in which security authorities use confinement in 
mental institutions as an alternative form of detention.
    The ICRC reported that civilian and military personnel on all sides 
of the Nagorno-Karabakh conflict still occasionally may engage in 
cross-border hostage-taking, sometimes to win release of a friend or 
relative held on the other side but more often for financial gain. The 
ICRC, in coordination with the OSCE, has facilitated a number of 
prisoner exchanges, most recently in August, but has no access to 
undeclared hostages.
    There were no reports of forced exile.
    e. Denial of Fair Public Trial.--The Constitution nominally 
provides for an independent judiciary; however, in practice, courts are 
subject to pressure from the executive branch and to corruption. The 
Constitution's provisions do not insulate the courts fully from 
political pressure. Other legal and constitutional provisions make 
judges and prosecutors dependent on the executive branch for their 
employment. The inherited Soviet system views the court largely as a 
rubber stamp for the prosecutor and not a defender of citizens' rights. 
Though legislation passed in 1998 reduced significantly prosecutor's 
supervision of civil cases, prosecutors still greatly overshadow 
defense lawyers and judges during trials. Under the Constitution, the 
Council of Justice, headed by the President, the Prosecutor General, 
and the Justice Minister, appoints and disciplines judges for the 
tribunal courts of first instance, review courts, and the Court of 
Appeals. The President appoints the other 14 members of the Justice 
Council and 4 of the 9 Constitutional Court judges. This authority 
gives the President dominant influence in appointing and dismissing 
judges at all levels. Judges are subject to review by the President 
through the Council of Justice after 3 years, unless they are found 
guilty of malfeasance.
    The 1995 Constitution required a new three-level court system. The 
highest court, the Court of Cassation, began functioning in the summer 
of 1998. Judges for the two lower-level courts, the appellate court and 
courts of the first instance, began functioning in January 1999. First 
instance courts try most cases, with a right of appeal to the Court of 
Appeals and then to the Court of Cassation. The Constitutional Court 
rules on the conformity of legislation with the Constitution, approves 
international agreements, and decides election-related legal questions. 
It can accept only cases proposed by the President, by two-thirds of 
all parliamentary deputies, or election-related cases brought by 
candidates for Parliament or the presidency. Due to these limitations, 
the Constitutional Court cannot ensure effectively constitutional human 
rights safeguards.
    The selection of judges was based on: Their scores on a multiple 
choice test to determine their fitness to be judges under the new 
system based on previously published information regarding the new 
legal codes, and their interviews with the Minister of Justice. Next, 
the list of nominations was approved by the Council of Justice and, 
finally, by the President. About 55 percent of the appointed judges in 
1999 had been judges under the old structure. Based on the results of 
this 4-stage selection, 123 judges were appointed to the new courts in 
January 1999. Unless they are found guilty of malfeasance, their tenure 
is permanent until they reach the age of 65.
    The judicial system continued to be in transition. As part of the 
package of judicial reform legislation mandated by the Constitution, in 
1999 both prosecutors and defense counsels began a process of 
retraining and recertification in order to retain their positions, 
which still is occurring.
    A proposed new Criminal Code, which is intended to clarify 
contradictory provisions of the law and create a more unitary, modern, 
and workable legal system has not yet been approved. The new draft 
Criminal Code consists of general and special parts; the general part 
passed second reading in Parliament in November 1997, but the special 
part, presented for a second reading in November 1998, failed to obtain 
a quorum and had not been reconsidered by year's end. Two other new 
codes, the Civil Code and the Criminal Procedures Code, were passed in 
the summer of 1998.
    The new criminal procedure code does not allow detainees to file a 
complaint in court prior to trial to redress abuses by the procuracy, 
police, or other security forces during criminal investigations. Under 
the new code, the police may detain individuals for up to 12 hours 
before notifying family members, witnesses have no right to legal 
counsel during questioning while in police custody--even though failure 
to testify is a criminal offense--and detainees must seek permission 
from the police or procuracy to obtain a forensic medical examination 
to substantiate a report of torture.
    Under the proposed new judicial code, prosecutors are expected to 
continue to have more influence than judges do.
    A commission to amend the Constitution's chapter on the judiciary, 
the second such body to undertake this task, reportedly is working on 
measures to increase judicial independence that are critical to the 
success of judicial reform. In July the President discharged by decree 
old members and appointed new members to the commission. Such 
constitutional revisions must pass both Parliament and a national 
referendum.
    The military legal system operates essentially as it did during the 
Soviet era. There is no military court system; trials involving 
military personnel take place in the civil court system and are handled 
by military prosecutors. Military prosecutors perform the same 
functions as their civilian counterparts; pending the passage of the 
new Criminal Code, they operate in accordance with the Soviet-era 
Criminal Code. In 1998 the military prosecutor abolished military ranks 
for the prosecutors in his service. In November 1999, the military 
prosecutor was named deputy prosecutor general and placed in charge of 
the investigation into the October 1999 shootings in Parliament.
    All trials are public except when government secrets are at issue. 
Defendants are required to attend their trials unless they have been 
accused of a minor crime not punishable by imprisonment. Defendants 
have access to a lawyer of their own choosing. The court appoints an 
attorney for any defendant who needs one. Defendants may confront 
witnesses and present evidence. The Constitution provides that those 
accused of crimes shall be informed of charges against them; however, 
the constitutionally mandated presumption of innocence is ineffective, 
and acquittals are rare once a case comes to trial. Defendants and 
prosecutors have the right of appeal.
    There were no reports of political prisoners; however, supporters 
of both Ashot Bleyan and Arkady Vardanyan claimed that the two were 
political prisoners. Bleyan was imprisoned on charges of embezzlement, 
and Vardanyan was detained on charges of attempting to overthrow the 
Government by force.
    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The Constitution prohibits unauthorized searches and 
provides for citizens' rights to privacy and confidentiality of 
correspondence, conversations, and other messages. The security 
ministries must petition a judge for permission to wiretap a telephone 
or intercept correspondence. The judge acting alone must find a 
compelling need for the wiretap before granting the agency permission 
to proceed. No evidence of illegal wiretapping came to public attention 
during the year.
    The law requires security forces to obtain a search warrant from a 
judge before conducting a search. Security forces were refused warrant 
issuance due to lack of evidence in several cases; however, in practice 
there were charges that searches continued to be made without a 
warrant, both in regard to the October 1999 killings in parliament and 
in the arrest of Arkady Vardanyan (see Section 2.b.). The Constitution 
provides that the judiciary must exclude evidence obtained without a 
warrant. Legislation passed in 1997 to improve security of bank 
deposits has been enforced.
    There continued to be violations of the right to privacy during 
army conscription drives. Armed forces recruiters sometimes take 
hostages to compel the surrender of draft-evading or deserting 
relatives. There are credible reports of improper, forced conscription 
of ethnic Armenian refugees from Azerbaijan, who by law are exempt from 
military service. The parents of such refugees are reluctant to 
complain because they fear reprisals against their sons. There were no 
reported cases of punitive conscription of males who offended local 
officials. Sweep operations for draft-age men have ceased to be carried 
out, although police sometimes maintain surveillance of draft-age men 
to prevent them from fleeing the country.

    Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of speech and the press; however, while the Government 
generally respects freedom of speech, there are some limits on freedom 
of the press, and journalists practice self-censorship. There is no 
official censorship, publications present a variety of views, and the 
opposition press regularly criticizes government policies and leaders, 
including the President, on sensitive issues such as the Nagorno-
Karabakh peace process and privatization.
    However, to avoid retribution experienced in years past on the part 
of powerful officials and other individuals, most journalists practice 
self-censorship, particularly in reporting on major corruption or 
national security issues. Journalists remain cautious in their 
reporting, and the range of subjects the Government considers sensitive 
for national security reasons is relatively large. Some members of the 
press, but not all, have access to army facilities and places of 
detention. Even in cases where they do have such access, permission for 
media to visit them involves a prolonged and cumbersome bureaucratic 
process.
    Newspapers, with the exception of Hayastani Hanrapetutyun (a joint 
venture between Parliament and its staff) and Respublica Armenia (which 
ceased publication in June), are privately owned. The state printing 
house and distribution agency both now function as commercial 
enterprises, with no visible government intervention.
    The editor of the sensationalist political tabloid Oragir and its 
successor Haykakan Zhamanak, Nikol Pashinian, was found guilty in 1999 
of libel, slander, libeling a public official, and contempt of court 
(for not publishing a retraction demanded by a court) and sentenced to 
1 year of corrective labor and ordered to pay a fine of $25,000 (13.5 
million drams). Pashinian appealed the judgement and did not pay the 
fine; other Armenian journalists, who up to then had been largely 
nonsupportive of his case, passed a resolution denouncing the 
punishment as unduly harsh and for several weeks rallied almost daily 
in front of the President's office demanding a more lenient sentence. 
In January Pashinian's sentence was reduced to a 1-year suspended 
sentence by an appeals judge who said the original sentence in fact was 
too harsh.
    No legal actions were announced during the year regarding the 
beatings of the Haykakan Zhamanak staff on December 23, 1999. The 
offices of Haykakan Zhamanak were invaded by approximately a dozen men 
who beat and kicked Pashinian and other male members of the staff. The 
gang reportedly was led by a local businessman who was angered by an 
article in Haykakan Zhamanak that accused him of corruption. Pashinian 
afterwards announced that he would not file charges against his 
assailants, but that he expected them to apologize to all journalists 
for the attack. No legal action was taken in the case of arson at the 
Yerevan office of the Russian newspaper Novoye Vremya in December 1999. 
A police investigation was unable to reach any conclusions, and the 
case was closed during the year.
    Newspapers operate with extremely limited resources, and none are 
completely independent of patronage from economic or political interest 
groups or individuals. Due to prevailing economic conditions, total 
newspaper circulation is small (40,000 copies, by the Department of 
Information's estimates, or about 1 copy per 100 persons). The state-
owned newspaper printing and distribution companies have been 
privatized, except for a small government stake.
    State institutions that previously had tended to exert control over 
the media have lost most of their functions. The Department of 
Information, created in 1997 to replace the disbanded Ministry of 
Information, continued to exist, but with no clear purpose beyond 
allocating small government subsidies to newspapers and occasionally 
interceding with the state-owned newspaper distribution agency to 
forward a share of its receipts to the newspapers. A board created in 
late 1997 with representatives from the President's Office, Government, 
and Parliament, to supervise the transformation of the state-owned 
press agency, printing, and newspaper distribution into commercial 
enterprises, has not been active during the past 3 years.
    There were no complaints of official government pressure on 
independent news media; however, the President's office continued to 
influence state television news coverage significantly. In March 
opposition parties demanded that the President remove the Chief of 
State Television for allegedly slanting coverage of the investigation 
into the October 1999 attack on Parliament, but the President's office 
refused to concur. The most widely available of the two state-owned 
television channels takes policy guidance from the Government; it 
presents mostly factual reporting but avoids editorial commentary or 
criticism of official actions. During elections the coverage of 
political parties on state television and other media generally was 
balanced and largely neutral. Singlemandate candidates were not 
entitled to free programming, but there were no restrictions on paid 
time. In Yerevan and major regional media markets, private television 
stations now offer independent news coverage of good technical quality. 
Most radio stations are private. Opposition parties and politicians 
receive adequate news coverage and access on these channels. 
Legislation has not been passed yet to regulate the current arbitrary 
and nontransparent process of license issuance.
    Draft broadcast and media laws, the subject of intensive discussion 
among journalists, were revised extensively, and the draft of a new 
media law passed in Parliament in October was later signed by the 
President with reservations. While the new media law meets many 
previously expressed demands by media and human rights groups about 
assuring freedom of the media, it still contains loopholes that could 
be used to impose greater control of the media by government bodies. In 
response to media and the human rights group's concerns about these 
areas, the President announced that he would submit those chapters of 
the law to the Constitutional Court so that the possible loopholes 
could be closed. One new measure announced in October 1998, a 25-fold 
increase in licensing fees for television broadcasters, was expected to 
have a serious effect on struggling private stations; at the time of 
this announcement, these stations appealed for the measure's 
cancellation. After the President's intervention, the overall increase 
in licensing fees was significantly lowered to five-fold. The few 
international newspapers and imported magazines are not censored. There 
are no restrictions on reception of satellite television and other 
foreign media, and this material is not censored.
    The Government partially respects academic freedom. There are more 
than 80 private institutions of higher education. The curriculum 
committee of the Ministry of Education must approve the curriculum of 
all schools that grant degrees recognized by the State, seriously 
limiting the freedom of individual schools and teachers in their choice 
of textbooks and course material; according to the Ministry, only 15 
schools have applied for such licensing.
    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of assembly, and the Government generally respects 
this right in practice.
    The Constitution provides for freedom of association, and the 
Government generally respects this right in practice; however, there 
are some important exceptions. There are cumbersome registration 
requirements for all political parties, associations, and 
organizations. The process of registering an organization is time-
consuming, and some human rights or political organizations have been 
compelled by the Government to revise their bylaws several times in 
order to have their registrations accepted. No human rights or 
political organizations reported problems with registration during the 
year. During the period of political turmoil after the October 1999 
shootings, several opposition groups held antigovernment demonstrations 
without government intervention. During the July demonstrations by 
parents of killed or injured military recruits (see Section 1.c.), 
three demonstrators were detained for allegedly assaulting a security 
officer, but were released in a few hours.
    On October 30, Arkady Vardanyan, a Moscow-based Armenian 
businessmen who is a Russian citizen, led a demonstration in Yerevan of 
approximately 10,000 persons calling for the removal of the Government. 
Some of these persons subsequently marched to the President's office. 
Prior to the demonstration, Vardanyan was detained at his home, taken 
for questioning, and later released. Vardanyan's family and lawyers 
charged that security forces forced their way into the house and 
ransacked it. After the demonstration, the house again was searched by 
security forces and Vardanyan was taken into custody and sentenced to 
11 days detention on the charge that he had a permit for a 
demonstration but not a march (see Section 1.d.).
    c. Freedom of Religion.--The Constitution provides for freedom of 
religion; however, the law specifies some restrictions on the religious 
freedom of adherents of faiths other than the Armenian Apostolic 
Church, which has formal legal status as the national church.
    The 1991 Law on Freedom of Conscience, which was amended in 1997, 
establishes the separation of church and state, but grants the Armenian 
Apostolic Church special status. The law forbids ``proselytizing'' 
(undefined in the law) except by the Armenian Apostolic Church and 
requires all religious denominations and organizations to register with 
the State Council on Religious Affairs. Petitioning organizations must 
``be free from materialism and of a purely spiritual nature,'' and must 
subscribe to a doctrine based on ``historically recognized holy 
scriptures.''
    A Presidential decree issued in 1993 supplemented the 1991 law and 
strengthened the position of the Armenian Apostolic Church. The decree 
enjoins the Council on Religious Affairs to investigate the activities 
of the representatives of registered religious organizations and to ban 
missionaries who engage in activities contrary to their status. The 
Council on Religious Affairs took no action against missionaries during 
the year, and even members of Jehovah's Witnesses, which are not 
registered, were allowed to engage fairly openly in missionary 
activity.
    In 1996 Parliament passed legislation tightening registration 
requirements by raising the minimum number of members required for 
registration from 50 to 200 adults. The law banned foreign funding for 
churches whose centers are outside the country. The 1996 legislation 
also mandated that religious organizations, except the Armenian 
Apostolic Church, need prior permission from the State Council on 
Religious Affairs to engage in religious activities in public places, 
travel abroad, or to invite foreign guests to the country. Despite 
these mandated restrictions, in practice there is no restriction on 
travel by the religious personnel of any denomination, including those 
that are unregistered. Members of unregistered minority religious 
organizations are allowed to bring in small quantities of religious 
literature for their own use, but large shipments by unregistered 
groups are prohibited.
    One group of Russian ``old believers'' and some congregations of 
Yezidis remain unregistered, according to the State Council on 
Religions, because they do not wish to register; these groups have not 
complained of religious discrimination.
    As of year's end, registered religious groups had reported no 
adverse consequences from the 1996 law. The ban on foreign funding has 
not been enforced and is considered unenforceable by the Council on 
Religious Affairs. The Council has such limited resources that it has 
not performed any acts except the annual reregistering of religious 
groups. No registered religious group was denied reregistration under 
the amended law. All existing registered denominations have been 
reregistered annually except the Hare Krishnas, whose members by 1998 
had dropped below even the previous membership threshold of 50.
    However, the Council on Religious Affairs continued to deny 
registration to Jehovah's Witnesses, no longer on the grounds that the 
group does not permit military service, but because its ``illegal 
proselytism'' allegedly is integral to its activity and because of the 
dissatisfaction and tension caused in some communities by its public 
preaching. The State Council on Religions and Jehovah's Witnesses 
continued to negotiate changes in the group's charter that would bring 
it into compliance with the law, but in May the State Council again 
refused to register the group, and a June statement by the head of the 
council accused Jehovah's Witnesses of continuing to practice ``illegal 
preaching. ``
    Forty-one members of Jehovah's Witnesses remained in detention, 
charged with draft evasion or, if forcibly drafted, with desertion. A 
regional Jehovah's Witnesses official said that this higher number was 
because Jehovah's Witnesses receiving draft notices now are reporting 
directly to police and turning themselves in as draft evaders, rather 
then being inducted and then claiming conscientious objector status. 
Around 41 members of Jehovah's Witnesses reportedly were in hiding from 
the draft. Alternative nonmilitary service is not available under 
current law to members of Jehovah's Witnesses. The President's office 
stated in March 1999 that a law was being drafted that would regulate 
alternative service for Jehovah's Witnesses and other conscientious 
objectors, but no action has been taken by year's end.
    According to the law, a religious organization that has been 
refused registration may not publish newspapers or magazines, rent 
meeting places on government property, broadcast programs on television 
or radio, or officially sponsor the visas of visitors. Members of 
Jehovah's Witnesses continue to experience difficulty renting meeting 
places and report that private individuals who are willing to rent them 
facilities frequently are visited by police and warned not to do so. 
Lack of official visa sponsorship means that visitors of Jehovah's 
Witnesses must pay for a tourist visa. When shipped in bulk, 
publications of Jehovah's Witnesses are seized at the border. Although 
members supposedly are allowed to bring in small quantities of printed 
materials for their own use, officials of Jehovah's Witnesses reported 
that mail from one congregation to another, which they said was meant 
for internal purposes rather than for proselytizing, still was 
confiscated by overzealous customs officials. Despite these legal 
obstacles, members of Jehovah's Witnesses continue their missionary 
work fairly visibly and reported a gain in membership during 1999.
    d. Freedom of Movement Within the Country, Foreign Travel, 
Emigration, and Repatriation.--The Constitution provides for freedom of 
movement within the country, foreign travel, emigration, and 
repatriation; however, the Government places restrictions on some of 
these rights. The Constitution and laws require that passports be 
issued to all citizens except convicted felons; however, in cases of 
permanent residents who wish to relocate abroad permanently, an exit 
stamp may be denied to those persons who possess state secrets, to 
those subject to military service, to those who are involved in pending 
court cases, and to those whose relatives have lodged financial claims 
against them. The exit stamp is valid for up to 5 years and can be used 
as many times as an individual chooses to travel. Men of military age 
must overcome substantial bureaucratic obstacles to international 
travel. The Government does not restrict internal movement, and 
citizens have the right to change their residence or workplace freely. 
They must negotiate with a corrupt and inefficient bureaucracy to 
register these changes, but this practice is now more of a nuisance 
than an impediment. In addition, registration of a residence is a 
difficult process, particularly for those who live in a rented 
dwelling.
    Since the Nagorno-Karabakh conflict erupted between Armenia and 
Azerbaijan in 1988, ethnic minorities on both sides have been subject 
frequently to discrimination and intimidation, often accompanied by 
violence intended to drive them from the country. Almost all the ethnic 
Azeris living in Armenia at the time, some 185,000 persons, fled to 
Azerbaijan. Of the 400,000 ethnic Armenians then living in Azerbaijan, 
330,000 fled and gained refugee status in Armenia and Nagorno-Karabakh.
    The National Assembly passed a law on citizenship in 1996 that 
provides for refugees of Armenian ethnicity to gain citizenship, 
provided that they are stateless and have resided in the country for 
the past 3 years. In 1998 the Government implemented regulations for 
the law and began new efforts to encourage refugees to accept Armenian 
citizenship. Although around 25,000 have done so, most are reluctant to 
become citizens, fearing the loss of free housing, military service 
exemptions, and other benefits accorded refugees.
    The Government cooperates with the office of the U.N. High 
Commissioner for Refugees (UNHCR) and other humanitarian organizations 
in assisting ethnic Armenian refugees.
    The refugee law has no provisions in the law for granting refugee 
and asylee status in accordance with the 1951 U.N. Convention Relating 
to the Status of Refugees and its 1967 Protocol. The Government 
respects the right of first asylum in principle, but in the absence of 
a law specifying procedures for formal recognition of political asylum, 
the small number of Sudanese and other migrants not of Armenian 
ethnicity only rarely can obtain residence permits, and their legal 
status remains unclear.
    Border officials have no training on asylum issues. In some cases, 
persons denied permission for legal residence are subjected to fines 
for illegal residence when they attempt to depart the country. 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
    Serious flaws in the 1998 presidential election continued to 
restrict the constitutional ability of citizens to change their 
government peacefully. Serious breaches of the election law and 
numerous irregularities in the 1995 parliamentary elections, and the 
1996 and 1998 presidential elections, resulted in a lack of public 
confidence in the integrity of the overall election process.
    In both rounds of the 1998 presidential elections, OSCE observers 
witnessed very substantial irregularities and concluded that the 
elections seriously challenged international democratic norms in regard 
to most key criteria. There were unusually high voter turnouts in 
certain areas, particularly in the second round, and these increases 
corresponded directly to high vote percentages for then Acting 
President Kocharian. Based on detailed analysis of the results tracked 
by observer reports in certain districts, it appears that ballot box 
stuffing, discrepancies in vote counts, a large number of unauthorized 
persons in polling stations, and other fraud perpetrated by local power 
structures inflated the number of votes for Kocharian by well over 
100,000 votes in the second round, which he won by approximately 
290,000 votes. Some military units were compelled to vote without 
exception for Kocharian, and officials used pressure to encourage a 
large turnout for the ``official'' candidate. Voters enjoyed a full 
spectrum of choices among candidates; all presidential candidates were 
provided opportunities to present themselves to the electorate through 
the provision of free and paid access to state media. However, state 
television provided coverage biased heavily in favor of the acting 
president. The electoral process fell far short of the authorities' 
commitments to their citizens. There were no legal consequences for 
electoral fraud. The Government pursued only minor violations, and no 
penalties were announced. There was no criminal investigation of the 
amply documented ballot box stuffing.
    The 1999 parliamentary and municipal elections and several by-
elections during the year represented a step toward compliance with 
OSCE commitments, but failed to meet international standards fully. For 
example, the May 1999 parliamentary elections showed continued 
improvement toward compliance with OSCE commitments, but still failed 
to meet international standards. Nonetheless, during the election 
observers from the OSCE's Office for Democratic Institutions and Human 
Rights (OSCE/ODIHR) categorized the 1999 Parliamentary elections as a 
relevant step towards compliance with OSCE commitments and noted 
improvements in the electoral framework and the political environment 
of association, freedom of assembly, and freedom of expression were 
respected during the campaign. The May 1999 elections took place under 
a new electoral code that represented an improvement compared with 
previous legislation and incorporated some recommendations of 
international organizations. For example, the code provides for the 
accreditation of domestic nonpartisan observers. It abolishes one level 
of election bureaucracy (the community election commissions), and 
provides for the courts to address electoral complaints during the 
campaign rather than after results are announced. However, the 
authorities never submitted the draft code to ODIHR for comments prior 
to its adoption as had been promised.
    Despite the provisions of the new code, election administration was 
uneven on election day. In many precincts, election officials, 
candidates' proxies, and domestic observers worked together to provide 
transparent voting and counting procedures. The areas of most concern 
witnessed by OSCE/ODIHR observers included the poor quality of the 
voter lists, which were often outdated or inaccurate, mistakes in 
registration and voting by military personnel, problems in the 
formation of the election commissions and the status of their members, 
and the presence of unauthorized personnel in precincts during voting 
and counting procedures. Thousands of voters had to appeal to local 
courts on election day in order to cast their votes, after finding that 
their names had been left off local voter lists. Opposition parties 
such as the National Democratic Union, the Self Determination Union, 
the Communist Party, Hayrenik, and Azatutuyun criticized the exclusion 
of numerous residents from the lists. The Central Election Commission 
blamed the omissions on the negligence of some civil servants. Twelve 
criminal cases related to parliamentary election fraud, involving 16 
persons, currently are under investigation by the Prosecutor General's 
office.
    In a July 1999 by-election in Yerevan's Achapniak district, 
violence erupted when armed supporters of one of the candidates beat 
and opened fire on supporters of another candidate. The Central 
Elections Commission suspended this vote and declared it invalid. A 
criminal investigation was started, resulting in the arrest of 12 
persons; the police still are seeking 10 more persons allegedly 
involved in the Achapniak violence. According to the Prosecutor 
General's office 12 persons eventually went to prison for the 
Achapianak disturbances. Of those, 8 were sentenced to 2 years each, 
while the remaining 4 got probationary terms of 16 to 20 months and 
were released on probation. The Achapniak by-election subsequently was 
held again with the two candidates involved in the altercation taken 
off the ballot and took place without incident.
    In the October 1999 municipal elections, the three major problems 
were: The politicization of election commissions, obsolete or incorrect 
voter lists, and the use of old seals (the election law mandates that 
new ones be provided by regional election commissions for each 
election, as a check on ballot box stuffing), presumably because the 
funds were lacking to buy new seals.
    Several Parliamentary by-elections and a mayoral election in the 
town of Goris were held during the year. Most of the byelections were 
carried out peacefully. After hearing extensive evidence about 
irregularities in Yerevan's Arabik district, the Constitutional court 
ordered the cancellation of the results in the July by-election. The 
election was held again, and a different candidate won. An appeal by 
the winner of the first election was considered but subsequently 
rejected by the Central Elections Commission.
    In Goris where the incumbent mayor had been removed by the 
provincial governor in June for alleged impropriety in the conduct of 
his office, the ousted incumbent, who lost the July election, claimed 
that there were significant irregularities, including ballot-box 
stuffing. The incumbent appealed the results; however, the appeal was 
denied in December.
    The Government has confirmed that a national census, previously 
suspended for budgetary reasons, is expected to take place in 2001. 
There is to be a test census in three regions in early 2001. This has 
raised political concerns about the integrity of the process that is to 
create new electoral districts, since existing voter rolls and other 
population records are outdated and seriously flawed throughout the 
country.
    Under the Constitution, the President appoints the Prime Minister 
and plays a role in the final selection of qualified candidates for 
judgeships. The Constitution provides for independent legislative and 
judicial branches, but in practice these branches are not insulated 
from political pressure from the executive branch.
    The Government appoints the 10 regional governors (marzpets) and 
the mayor of Yerevan. The Constitution gives local communities the 
right to elect local authorities. However, local elected officials have 
limited powers and are overshadowed in practice by the appointed 
governors, who can remove them from office.
    The National Assembly consists of 131 deputies; 56 are elected on a 
proportional basis and 75 on a district-by-district majoritarian basis. 
Regular sessions are held twice a year: the first from mid-September to 
mid-December, and the second from early February until mid-June. Given 
the press of legislative business connected with the total reform of 
the legal system, special sessions frequently are called, but may not 
last more than 6 days.
    There are no legal restrictions on the participation of women and 
minorities in government and politics; however, due to traditional 
social attitudes, both groups are underrepresented in all branches of 
government. There are no female cabinet ministers, although there are 
several female deputy ministers. Only 4 of the 131 deputies in the 
Parliament are women. There are no minority representatives in the 
Cabinet or in the Parliament.
Section 4. Governmental Attitudes Regarding International and 
        NonGovernmental Investigation of Alleged Violations of Human 
        Rights
    There are several human rights NGO's organizations that are active 
and operate openly, criticize abuses publicly, and publish their 
findings on government human rights violations. In general public 
access to information on human rights cases usually is adequate, with 
extensive media coverage of significant court cases, but there was less 
openness after the October 1999 shootings by civilian and military 
prosecutors. However, nongovernmental human rights organizations often 
report funding difficulties, and at least one, the well-respected 
Helsinki Association, had to close its offices for part of the year due 
to lack of funds. The Helsinki Committee continued to operate and did 
receive permission to have access to detention facilities, and has made 
several visits.
    As part of the commitments it made in advance of joining the 
Council of Europe (COE), the Government permitted monitoring of its 
human rights practices by the COE and reaffirmed this right for the 
ICRC, which retains full access to civilian detention facilities.
    An office created by the prosecutor general in July 1997 to 
communicate with international observers was responsive to requests for 
information, although information about criminal cases stemming from 
elections remained relatively general and incomplete.
    Current electoral law allows local and international observer 
organizations to monitor all elections, and such organizations reported 
no impediments to being allowed to observe the 1999 elections and this 
year's by-elections.
    In 1998 President Kocharian appointed a prominent opposition 
politician to head a new human rights commission headed by Paruyr 
Hairikyan within the President's office. The commission exists 
essentially as a reference bureau and has no formal legal powers; 
however, it has had a modest impact in getting authorities to review 
official actions on issues ranging from apartment allocations to police 
behavior, in some cases winning official reconsideration. It refers 
such cases to the appropriate agency, but it does not follow up on 
specific issues. During the year, the commission visited those accused 
in the October 1999 killings, visited the Gyumri jail, and frequently 
visited military units to hear human rights complaints by soldiers. The 
Parliamentary Commission on National Security, Defense, and Interior, 
headed by Vahan Hovhanissian, has taken on a greater role this year by 
making regular visits to military units to hear complaints by soldiers 
as well.
Section 5. Discrimination Based on Race, Sex, Religion, Disability, 
        Language, or Social Status.
    The Constitution prohibits discrimination based on race, gender, 
religion, disability, language, or social status; however, cultural and 
economic factors prevent women, ethnic and religious minorities, and 
persons with disabilities, from participating fully in public life. The 
religion law discriminates against some religious groups.
    Women.--There is no specific law banning violence against women, 
and few cases of rape, spousal abuse, or other violence against women 
were reported; however, their number likely is higher than the 
statistics indicate. Domestic violence cases usually are not reported 
to the police, and women are not protected from it. Several 
nongovernmental organizations exist in the Yerevan and Gyumri areas, 
which provide shelter and assistance to battered women.
    During the year, the Prosecutor's Office registered 15 cases of 
rape. The law (the old Soviet Criminal Code) cites specific punishments 
for rape, forced abortion, forbidding a woman from marrying, and 
discrimination in hiring due to pregnancy.
    Prostitution is not illegal, and according to anecdotal evidence, 
most prostitutes stopped by police for street-walking, simply are sent 
to a hospital or physician for a medical check-up. Although, the 
Criminal Code does not forbid prostitution itself, keeping brothels is 
prohibited. According to an investigation conducted by journalists, 
more than 1,600 prostitutes were registered by the police, around 800 
in the Yerevan area. A study of Yerevan prostitution done by an 
international NGO showed that while some operate by telephone, the vast 
majority are what is known as streetwalkers, with their ``class'' and 
desirability defined by the area of the city in which they operate.
    An international NGO reports that the problem of battered wives is 
much more widespread then the Government or local human rights groups 
will admit. Domestic violence cases usually are not reported to the 
police, and women are not protected from it. Many cases are not 
reported to police in some cases because women are afraid of physical 
harm if they do so, afraid that police will refuse to take action and 
instead return them to their husbands, and in others because they are 
embarrassed to make ``family matters'' public. Several NGO's in the 
Yerevan and Gyumri areas provide shelter and assistance to battered 
women; however, embarrassment and concerns for family honor make the 
problem particularly sensitive and difficult to quantify. Even women's 
groups and health professionals decline to offer specific figures, but 
do not indicate that such violence is especially common. At least four 
cases were reported in the press of women who died as a result of 
domestic violence. During the year, 13 persons were prosecuted for 
attempted rape.
    In view of the phenomenon of Armenian women working as prostitutes 
in Russia and the Middle East, it is likely that trafficking in women 
and girls (particulary from the country) is more of a problem than the 
Government and women's organizations have recognized openly. Twenty-six 
cases of trafficking in women or procuring are now in the courts (see 
Section 6.f.).
    Police authorities announced in 1999 that there were numerous cases 
of organized procuring under investigation, but since the main 
initiators lived abroad, mostly in the Middle East, police were unable 
to arrest them.
    Males often play a dominant role in many societal institutions. 
Although women have been present in the work force for several 
generations, tolerance for broadening gender roles and for any gender 
behavior is low especially in the regions. In the workplace, women 
receive equal pay for equal work, but generally are not afforded the 
same professional opportunities given to men and often are relegated to 
more menial or low-skill jobs. The 1972 Law on Employment prohibits 
discrimination in employment, but the extremely high unemployment rate 
makes it difficult to gauge how effectively the law has been 
implemented to prevent discrimination. Formerly, labor unions protected 
women's rights, in the workplace at least nominally, but the weakness 
of unions has rendered them less effective in this role (see Section 
6.a.). According to official statistics, women make up 63.8 percent of 
those officially registered as unemployed (approximately 181,000). 
Currently there are more women receiving university and postgraduate 
education than men. This may in part be accounted for by the Nagorno-
Karabakh situation, which necessitates a high number of males in 
military service, and in part by the economic situation, which has 
caused males to emigrate in search of employment.
    Children.--The Government does not have the economic means to 
provide fully for the welfare of children. Education is free, 
universal, and compulsory through age 14, then optional through age 16 
(complete secondary education). However, many facilities are 
impoverished and in poor condition, and teachers are forced to tutor 
pupils privately to supplement salaries that are low and irregularly 
paid. Some teachers are known to demand bribes from parents in return 
for good or passing grades for their children. Free children's health 
care is available for all children through the age of 8 for treatment 
of some diseases and for emergency cases, but is often of poor quality, 
with an increasing trend toward overt or concealed payment of fees for 
service.
    Girls and boys receive equal educational opportunities. The 
Government focuses its efforts regarding children's rights and welfare 
on measures to insulate large families--those with four or more 
children--from the effects of the country's current difficult 
circumstances. The Government similarly directs foreign humanitarian 
aid programs toward most socially vulnerable families and single parent 
families. Despite social programs, the problem of street children 
remains significant. However, the family tradition is strong, and child 
abuse does not appear to be a serious problem. Trafficking in girls is 
a problem (see Sections 6.c. and 6.f.).
    People with Disabilities.--The Constitution provides for the right 
to social security in the event of disability. The 1993 Law on Invalids 
provides for the social, political, and individual rights of the 
disabled, but does not mandate the provision of accessibility for the 
disabled. During the year, expenditures for the health sector increased 
to $3.2 million (1.7 billion drams) from the projected level, which 
affected persons with disabilities, who are supposed to be treated 
free. According to the former Minister of Social Security, the social 
sector budget was budgeted at $2.8 million (1.57 million drams). In the 
current economic circumstances, and in an effort to meet international 
financial institution guidelines on reduction of the budget deficit, 
the Government has had difficulty fulfilling its commitments in this 
area.
    The Government's enforcement of the rights of the disabled remains 
rudimentary. Legal safeguards for those with psychiatric problems are 
inadequate to protect patients' rights. There is societal 
discrimination against the disabled. Hospitals, residential care, and 
other facilities for the seriously disabled do not meet international 
norms. There were unsubstantiated reports that security authorities 
used confinement in mental institutions as an alternative form of 
detention (see Sections 1.c. and 1.d.).
    Religious Minorities.--There was no reported violence against 
minority religious groups. However, newer religious groups are viewed 
with suspicion, especially by some mid-level clergy in the Armenian 
Apostolic Church and their supporters in the bureaucracy.
    In April Jehovah's Witnesses returning from a religious service in 
Yerevan reported being verbally and physically abused by local thugs 
while police watched but did not intervene. In August the mayor and 
town council published a decree expelling two members of Jehovah's 
Witnesses from the town of Talin, near Yerevan, for alleged 
``agitation.''
    As a result of the Nagorno-Karabakh conflict with Azerbaijan, anti-
Muslim feeling persists among the populace, and the few remaining 
Muslims keep a low profile. There is only one mosque open for prayers.
    National/Racial/Ethnic Minorities.--The population is approximately 
95 percent ethnic Armenian. The Government does not discriminate 
against the small, officially recognized ``national'' communities, 
although the economic and social situation of such groups has 
deteriorated substantially since independence in 1991. Groups that the 
Government includes in this category are Russians, Jews, Kurds, 
Yezidis, Georgians, Greeks, and Assyrians. As a result of the Nagorno-
Karabakh conflict, there is no significant Azeri minority (see Section 
2.d.). Several hundred Azeris or persons of mixed Azeri heritage still 
living in the country maintain a low profile in the face of societal 
discrimination.
    The Constitution grants national minorities the right to preserve 
their cultural traditions and language, and the 1992 Law on Language 
provides linguistic minorities with the right to publish and study in 
their native language. There are token publications in minority 
languages, but the Government has devoted minimal resources to 
maintaining minority language schools. The large network of Russian-
language schools has diminished significantly in recent years. In 
practice virtually all students, including members of the Yezidi and 
Greek communities, now attend Armenian-language schools, with very 
limited classes available in their native tongues. In the Yezidi 
community, a high percentage of pupils do not attend school, partly for 
family economic reasons and partly because of discrimination from 
ethnic Armenian students and teachers.
    Yezidi leaders continued to complain that police and local 
authorities subject their community to discrimination. The Yezidis, 
whose number is estimated at 54,000 by Yezidi leaders, speak a Kurdish 
dialect and practice a traditional, nonChristian, non-Muslim religion 
with elements derived from Zoroastrianism, Islam, and Animism. They 
cite numerous incidents of unfair adjudication of land, water, and 
grazing disputes, nonreceipt of privatized agricultural land, an 
unusually high number of beatings of Yezidi conscripts in the army (see 
Section 1.c.), and lack of police response to even serious crimes 
committed against Yezidis. The Yezidi complaints likely reflect 
societal discrimination as well as the more general problem of poorly 
functioning local Government bodies.
    In March the country's first Congress of National Minorities since 
1991 was held. At the conference human rights did not appear to be a 
major concern. Yezdis and Ukrainians complained of unfair treatment in 
regard to forced military service. Most representatives demanded more 
government aid for native-language newspapers and for broadcasting 
minority directed programs on television.
Section 6. Worker Rights
    a. The Right of Association.--The Constitution provides employees 
with the right to form and join trade unions and the right to strike. 
The Constitution stipulates that the right to form associations--
including political parties and trade unions--may be limited with 
respect to persons serving in the armed services and law enforcement 
agencies. A 1993 Presidential decree prohibits the Government and other 
employers from retaliating against strikers and labor leaders, but 
workers have little confidence in this protection. In practice labor 
organization remains weak due to high unemployment and the weak 
economy. Workers have neither the financial resources to maintain a 
strike nor enforceable legal protection against retaliation, and 
existing unions play a relatively passive role. However, there were no 
reports of retaliation against strikers or labor leaders. The 
purportedly Independent Labor Federation created in December 1997 took 
no action during the year.
    The absence of active unions and of accurate employment data 
precludes a reliable estimate of the percentage of the workforce that 
is unionized.
    Unions are free to affiliate with international organizations; 
however, none have done so to date.
    b. The Right to Organize and Bargain Collectively.--Collective 
bargaining is not practiced. The Constitution provides all citizens 
with the right to a just wage no lower than the minimum set by the 
Government. Although the 1992 Law on Employment provides for the right 
to organize and bargain collectively, voluntary and direct negotiations 
do not take place between unions and employers without the 
participation of the Government, because most large employers remain 
under state control. The near collapse of major industrial production 
has undercut the organization of labor unions.
    The Government encourages profitable factories to establish their 
own pay scales. Factory directorates generally set the pay scales 
without consultation with employees. The Arbitration Commission 
adjudicates wage and other labor disputes.
    There are no export processing zones.
    c. Prohibition of Forced or Compulsory Labor.--The Constitution and 
the 1992 Law on Employment prohibit forced and bonded labor, including 
that by children, and it generally is not known to occur; however, 
trafficking in women and girls is a problem (see Section 6.f.).
    d. Status of Child Labor Practices and Minimum Age for 
Employment.--According to the 1992 Law on Employment, 16 years is the 
minimum age for employment. Children may work from the age of 14 with 
the permission of a medical commission and the relevant labor union 
board.
    The Law on Employment is enforced by local community councils, 
unemployment offices, and, as a final board of appeal, the arbitration 
commission. Children under the age of 18 are not allowed to work in 
difficult or dangerous jobs, night labor, or jobs that require over 6 
hours of work per day, although waivers in the latter two cases can be 
applied for by children 16 years or over.
    According to the Ministry of Social Welfare some children are 
involved in family businesses, as well as some other business 
activities, up to the age of 12 years, in sectors like agriculture 
where it is not forbidden by law. Children are forbidden specifically 
from engaging in arduous or dangerous employment, even if it is their 
families business without permission by the Ministry of Social Welfare 
which is granted only on a case by case basis. Forced or bonded labor 
by children is prohibited, and it generally is not known to occur; 
however, trafficking in girls is a problem (see Sections 6.c. and 
6.f.).
    e. Acceptable Conditions of Work.--The Government sets the minimum 
wage by decree. In October 1998, Parliament quintupled the national 
minimum wage to less than $10 (5,000 drams) per month; however, the 
minimum wage is insufficient to provide a decent standard of living for 
a worker and family. The majority of the population lives below the 
officially recognized poverty line as a result of economic dislocations 
caused by the breakup of the Soviet Union, the 1988 earthquake, the 
conflict in Nagorno-Karabakh, the resulting blockade by Azerbaijan and 
Turkey, and disruptions in trade. However, a significant amount of 
economic activity takes place unrecorded and untaxed by local 
authorities. The extent to which this improves the overall economic 
situation is unknown.
    The majority of industrial enterprises are either idle or operating 
at a fraction of their capacity. Some furloughed workers still are 
receiving minimal partial compensation from their enterprises, but most 
are no longer receiving any payment if they are not working. The 
standard legal workweek is 40 hours; many persons work multiple jobs.
    The Constitution provides citizens with the right to clean and safe 
work places, but Soviet-era occupational and safety standards remain in 
force. Labor legislation from 1988 places responsibility on the 
employer and the management of each firm to ensure ``healthy and 
normal'' labor conditions for employees, but it provides no definition 
of healthy and normal. The employment situation is such that workers 
are reluctant to complain or remove themselves from hazardous working 
conditions due to the risk of losing their jobs.
    f. Trafficking in Persons.--The law does not prohibit trafficking 
in persons specifically, although it does prohibit exploitation by 
force of persons for financial gain, and trafficking in women and girls 
from the country is a problem. However, specific information on 
trafficking is difficult to obtain and there is little information 
about trafficking within the country. The Criminal Code specifically 
prohibits the keeping of what generally are considered to be brothels. 
Prostitution itself is legal. Armenian women work as prostitutes in the 
Middle East and Russia, and in the past there have been reports of 
trafficking in women and girls to these countries. It is likely that 
trafficking in women and girls is more of a problem than the Government 
and women's organizations have recognized openly. According to 
international NGO's, the Government appears to be focusing more on 
prostitution within the country then on trafficking. There were reports 
that older girls in local orphanages were approached with offers to 
engage in prostitution, either locally or abroad. Police officials 
announced the investigation of numerous cases of procuring but said 
that they were unable to arrest the main offenders because they resided 
in the Middle East rather than in Armenia (see Section 5). Cases of 
trafficking in women currently in court are being prosecuted under the 
Criminal Code prohibition on brothels.
                               __________

                                AUSTRIA

    Austria is a constitutional democracy with a federal parliamentary 
form of government. Citizens choose their representatives in periodic, 
free, and fair multiparty elections. In February a new right-of-center 
coalition came to power, comprised of the conservative People's Party 
(OVP) and the far-right Freedom Party (FPO). The judiciary is 
independent.
    The police are subordinated to the executive and judicial 
authorities. The national police maintain internal security. The army 
is responsible for external security. The police are generally well 
trained and disciplined, although some members of the police were 
responsible for instances of human rights abuses.
    The country's highly developed, market-based economy, with its mix 
of technologically advanced industry, modern agriculture, and tourism, 
affords its citizens a high standard of living.
    The Government generally respected the human rights of its 
citizens, and the law and judiciary provide effective means of dealing 
with individual instances of abuse. There were some reports of abuse by 
police, which involved occasional beatings but mainly involved verbal 
abuse and threats. Inclusion of the FPO in the Government was met with 
widespread, generally peaceful protests in Vienna and other large 
cities throughout the country. Many human rights organizations and 
minorities feared that the country's general climate of tolerance and 
respect for ethnic and religious diversity would worsen. This resulted 
in a sharp increase in attention to and scrutiny of the country's human 
rights situation by foreign governments, the Council of Europe, other 
European Union (EU) member states, and nongovernmental organizations 
(NGO's). A number of reports published by such observers expressed 
concern about ambiguous racist and/or xenophobic comments of senior FPO 
leaders, which it was feared would legitimize intolerance aimed at 
minority groups. In September a group of 3 human rights experts 
selected by the President of the European Court of Human Rights, as 
accepted by the other 14 members of the EU, released a report on the 
situation of minorities, refugees, and immigrants in the country, which 
concluded that appropriate legal protection was available for these 
groups. The new Government passed a comprehensive prominority rights 
bill providing expanded constitutional protections for the six 
officially recognized minorities. Violence against women is a problem, 
which the Government is taking steps to address. Trafficking in women 
for prostitution remains 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.
    In May two drug-related deaths of foreign-born suspects while in 
pretrial custody temporarily revived a debate about police brutality. 
On May 3, a 26-year-old Nigerian asylum applicant, Richard Ibekwe, also 
known as Peter Weah Richard, died while in pretrial detention for 
suspected drug offenses. Witnesses reported that police officers beat 
Ibekwe in the course of his arrest 2 weeks prior to his death. On May 
5, a 40-year-old Slovakian also died while in police custody. Official 
autopsies confirmed that both men died of drug overdoses. Due to 
allegations of police brutality, an internal investigation into 
Ibekwe's death was begun. The results were still pending at year's end.
    In May 1999, an unsuccessful Nigerian asylum applicant died while 
being deported; his hands and feet were cuffed and his mouth was taped 
shut to control his violent behavior (see Section 2.d.).
    In March 1999, Franz Fuchs was convicted for killing 4 Roma in 1995 
and injuring 15 other persons in a letter bomb campaign conducted 
between 1993 and 1997 (see Section 5).
    A French appeals court is considering an Austrian government 
request for the extradition of the terrorist Illich Ramirez Sanchez 
(alias ``Carlos the Jackal''). Austria formally has sought the 
extradition of ``Carlos'' since French authorities captured him in 
1994. He is wanted on charges of manslaughter, kidnaping, and blackmail 
in connection with the terrorist attacks at Vienna's Organization of 
Petroleum Exporting Countries (OPEC) headquarters in December 1975.
    b. Disappearance.--There were no reports of politically motivated 
disappearances.
    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--Although the Constitution prohibits such practices, 
government statistics for 1999 showed 365 complaints against federal 
police officials for ``unjustified use of force,'' compared with 356 in 
1998. Of the 365 complaints, 292 resulted in investigations, compared 
with 288 in 1998. Four officers were convicted of excessive use of 
force in 1999; one officer was convicted in 1998. Types of abuse ranged 
from slander to kicking and hitting, resulting mainly in bruising. Some 
of the violence appeared to be racially motivated. An Interior Ministry 
survey on the ``ethics of police conduct'' among policemen revealed 
that half of the 2,000 policemen interviewed stated that they would not 
report their colleagues in cases of misconduct.
    In January two U.S. citizens involved in a dispute with a Viennese 
nightclub alleged mistreatment by the police. Injuries included wrist 
nerve damage and slight bruising. One of the men is HIV positive and 
was denied access to his medication during his approximately 12-hour 
incarceration. The two alleged that such mistreatment was directed 
against them because of their homosexuality and nationality. 
Investigation into this case was suspended by the public prosecutor's 
office due to lack of evidence. In a separate case, a drug suspect who 
was allegedly beaten during arrest later died in custody (see Section 
1.a.).
    In May 1999, an unsuccessful Nigerian asylum applicant died while 
being deported; his hands and feet were cuffed and his mouth was taped 
shut to control his violent behavior. Two of the three police officers 
who accompanied him were suspended, and a committee was created with 
the goal of ensuring that the police and gendarmerie respect human 
rights while carrying out their duties (see Section 2.d.).
    Prison conditions meet minimum international standards, and the 
Government permits prison visits by human rights monitors. In 
individual cases, investigating judges or prison directors have 
jurisdiction over questions of access to the defendant.
    d. Arbitrary Arrest, Detention, or Exile.--The Constitution 
prohibits arbitrary arrest and detention, and the Government respects 
this prohibition.
    In criminal cases the law provides for investigative or pretrial 
detention for up to 48 hours; however, in cases of charges of 
``aggressive behavior,'' an investigative judge may decide within that 
period to grant a prosecution request for detention of up to 2 years 
pending completion of an investigation. The grounds required for such 
investigative detention are specified in the law, as are conditions for 
bail. The investigative judge is required to evaluate an investigative 
detention after 2 weeks, 1 month, and every 2 months after the arrest.
    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 provides citizens with a fair and efficient 
judicial process.
    The Constitution provides that judges are independent in the 
exercise of their judicial office. Judges cannot be removed from office 
or transferred against their will. There are local, regional, and 
regional higher courts, as well as the Supreme Court as the court of 
highest instance. The system of judicial review provides for extensive 
possibilities for appeal. Trials have to be public, and have to be 
conducted orally. Persons charged with criminal offenses are to be 
considered innocent until proven guilty. While the Supreme Court is the 
court of highest instance for the judiciary, the Administrative Court 
acts as the supervisory body over the administrative branch, and the 
Constitutional Court presides over constitutional issues.
    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 Press.--The Constitution provides for 
freedom of the press, and the Government generally respects this right 
in practice; however, stringent slander laws tend to discourage reports 
of police brutality, and foreign observers--including the European 
Court of Human Rights--have concluded that the use of libel procedures 
to protect politicians may hamper freedom of speech and the press. A 
conviction for libel by a criminal court cannot be appealed to the 
Constitutional Court. In most cases, judgments are handed down by a 
court of appeals, which does not rely on case law. Several FPO 
politicians have been accused of paying police officers to obtain 
confidential information in order to discredit opponents of the FPO. An 
investigation is underway under the auspices of an independent 
committee. A number of officers have been suspended pending the 
completion of the investigation. Since 1986 Joerg Haider, the former 
FPO leader and current governor of Carinthia, has engaged in over 350 
libel suits against media outlets and individuals. Following the 
negative reaction to the FPO's inclusion in the Government, Haider 
called for the prosecution of deputies critical of the Government under 
a provision of the Criminal Code. Justice Minister Dieter Boehmdorfer 
(FPO) received extensive criticism for his initial support for this 
measure. Publications may be removed from circulation if they violate 
legal provisions concerning morality or public security, but such cases 
are extremely rare.
    The Government monopoly in national radio has been dismantled. A 
1993 law permitted licensing of regional private radio stations. There 
are currently 36 commercial and 9 community radio stations. By the end 
of 1999, 75.2 percent of citizens listened to state-run radio stations, 
and 17 percent listened to private stations. While a law establishing 
terrestrial frequencies for private television stations is expected to 
be passed in 2001, the Austrian Broadcasting Corporation (ORF) 
currently retains its monopoly on terrestrial television broadcasts.
    Academic freedom is respected.
    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of assembly and association, except for Nazi 
organizations and activities (an exception stipulated also in the 
Austrian State Treaty of 1955). The Law on the Formation of 
Associations states that permission to form an organization may be 
denied if it is apparent that the organization would pursue the illegal 
activities of a prohibited organization.
    c. Freedom of Religion.--The Constitution provides for freedom of 
religion of individuals and the Government generally respects this 
right in practice. However, the status of religious organizations is 
governed by the 1874 ``Law on Recognition'' of churches and by a 
January 1998 law establishing the status of ``confessional 
communities.'' Religious recognition under the 1874 law has wide-
ranging implications; for example, the authority to participate in the 
state-collected religious taxation program; to engage in religious 
education; and to import religious workers to act as ministers, 
missionaries, or teachers. Although in the past nonrecognized religious 
groups have had problems obtaining resident permits for foreign 
religious workers, administrative procedures adopted in 1997 have 
addressed this problem in part. Officially, 75.3 percent of the 
population are Roman Catholic, and there are 11 other recognized 
religious organizations.
    Religious organizations may be divided into three different legal 
categories (listed in descending order of status): Officially 
recognized religious societies, religious confessional communities, and 
associations.
    Under the law, religious societies have ``public corporation'' 
status. This status permits religious societies to engage in a number 
of public or quasi-public activities that are denied to other religious 
organizations. The Constitution singles out religious societies for 
special recognition. State subsidies for religious teachers, at both 
public and private schools, constitute one of the benefits provided to 
religious societies that is not granted to other religious 
organizations.
    Previously some nonrecognized religious groups were able to 
organize as legal entities or associations, although this route has not 
been available universally. Some groups even have done so while 
applying for recognition as religious communities under the 1874 law. 
Many such applications for recognition were not handled expeditiously 
by the Ministry of Education and Culture; in some cases, years passed 
before a decision was made. Following years of bureaucratic delay and 
an administrative court order instructing the Education Ministry to 
render a decision, in 1997 the Ministry denied the request for 
recognition of Jehovah's Witnesses. Jehovah's Witnesses appealed this 
decision to the Constitutional Court.
    In January 1998, a law went into effect that allows nonrecognized 
religious groups to seek official status as confessional communities 
without the fiscal and educational privileges available to recognized 
religions. Religious confessional communities, once they are recognized 
officially as such by the Government, have juridical standing, which 
permits them to engage in such activities as purchasing real estate in 
their own names and contracting for goods and services. To apply groups 
must have 300 members and submit to the Government their written 
statutes, describing the goals, rights, and obligations of members, 
membership regulations, officials, and financing. Groups also must 
submit a written version of their religious doctrine, which must differ 
from that of any existing religion recognized under the 1874 law or 
registered under the new law, for a determination that their basic 
beliefs do not violate public security, public order, health and 
morals, or the rights and freedoms of citizens. A religious 
organization that seeks to obtain this new status is subject to a 6-
month waiting period from the time of application to the Ministry of 
Education and Culture. The new law also sets out additional criteria 
for eventual recognition according to the 1874 law, such as a 20-year 
observation period (at least 10 of which must be as a group organized 
as a confessional community under the new law) and membership equaling 
at least two one-thousandths of the country's population. Many 
religious groups and independent congregations do not meet the 300-
member threshold for registration under the new law. Only Jehovah's 
Witnesses currently meet the higher membership requirement for 
recognition under the 1874 law.
    In a decision issued in March 1998, the Constitutional Court voided 
the Education Ministry's decision on Jehovah's Witnesses and ordered a 
new decision based on the January law on the Status of Confessional 
Communities. In July 1998, Jehovah's Witnesses received the status of a 
confessional community. According to the 1998 law, the group is now 
subject to a 10-year observation period before they are eligible for 
recognition.
    The nine religious groups that have constituted themselves as 
confessional communities according to the 1998 law are: Jehovah's 
Witnesses, the Baha'i Faith, the Baptists, the Evangelical Alliance, 
the Movement for Religious Renewal, the Pentecostalists, the Seventh-
Day Adventists, the Coptic Orthodox Church, and the Hindu religious 
community. After initially filing for confessional community status, 
the Church of Scientology withdrew its application from consideration. 
The Ministry rejected the application of the Sahaja Yoga group; in 1998 
the group appealed the decision to the Constitutional Court. A decision 
was still pending on this case at year's end. Proponents of the law 
describe it as an opportunity for religious groups to become officially 
registered as religious organizations, providing them with a government 
``quality seal.'' However, numerous religious groups not recognized by 
the State, as well as some religious law experts dismiss the purported 
benefits of obtaining status under the law and have complained that the 
law's additional criteria for recognition under the 1874 law obstruct 
claims to recognition and formalize a second-class status for 
nonrecognized groups. Experts have questioned the law's 
constitutionality.
    After the Education Ministry granted Jehovah's Witnesses the status 
of Confessional Community, the group immediately in 1998 requested that 
it be recognized as a religious group under the 1874 law. The Education 
Ministry denied the application, on the basis that, as a confessional 
community, Jehovah's Witnesses would need to submit to the required 10-
year observation period. The group has appealed this decision to the 
Constitutional Court, arguing that a 10-year observation period is 
unconstitutional. A decision was still pending at year's end.
    Also in 1998, Jehovah's Witnesses filed a complaint with the 
European Court for Human Rights, arguing that the group has not yet 
been granted full status as a religious entity under the 1874 law, 
despite having made numerous attempts for more than 2 decades. A 
decision was still pending at year's end.
    Religious organizations that do not qualify for either religious 
society or confessional community status may apply to become 
associations. This status is granted relatively freely, although 
associations do not have legal standing and are unable to purchase 
property, churches, or engage in other activities permitted to the 
other two legal categories.
    The Government continued its information campaign against religious 
sects that it considered potentially harmful to the interests of 
individuals and society. In September 1999, the Ministry for Social 
Security and Generations issued a new edition of a controversial 
brochure that described numerous nonrecognized religious groups in 
negative terms, which many of the groups deemed offensive. This 
brochure includes information on Jehovah's Witnesses, despite its 
status as a confessional community. On April 6, the new Minster for 
Social Security and Generations, Elisabeth Sickl (FPO), announced plans 
to support the training of ``specialists'' among teachers and youth 
leaders in order to sensitize them to the dangers posed by some 
nonrecognized religious groups to the young. She also pledged to 
include representatives from provincial governments in an 
interministerial working group to decide on measures to ``protect 
citizens from the damaging influence of sects, cults, and esoteric 
movements.'' These statements were interpreted in some circles as 
evidence that the Freedom Party's participation in government may 
strengthen efforts to curb the role of nonrecognized religious groups. 
Sickl left office in October. Her successor has made no public 
statements on this issue. The federal office on sects continues to 
collect and distribute information on organizations considered sects. 
Under the law, this office has independent status, but its head is 
appointed and supervised by the Minister for Social Security and 
Generations.
    In April 1999, the Conservative People's Party (OVP) convention 
formally accepted a decision made by the party's executive board in 
1997 that party membership is incompatible with membership in a sect.
    d. Freedom of Movement Within the Country, Foreign Travel, 
Emigration, and Repatriation.--The Government does not restrict 
movement, including emigration. Citizens who leave the country have the 
right to return at any time.
    The new coalition adopted the policy of the outgoing SPO-led 
cabinet that the Government needs to focus on integration prior to 
considering any new immigration. In June Economics Minister Martin 
Bartenstein (OVP) issued a decree liberalizing existing employment 
restrictions for certain groups of legal aliens, paving the way for 
their integration into the labor market. Also in June, the 
Constitutional Court rejected the current upper age limit of 14 for the 
visa category of family reunification as too restrictive. The 
Government did not decide on its response to this decision but is 
considering adopting the EU standard of age 16 as the cutoff for this 
category. In the first 6 months of the year, the number of illegal 
aliens seized by police was 20,606, an 18.4 percent increase over the 
same period in 1999.
    The law includes provisions for granting refugee/asylee status in 
accordance with the provisions of the 1951 U.N. Convention Relating to 
the Status of Refugees and its 1967 Protocol; however, the Government 
subscribes to the ``safe country'' concept, which requires asylum 
seekers who enter illegally to depart and seek refugee status from 
outside the country. In response to continuing criticism by the office 
of the U.N. High Commissioner for Refugees (UNHCR) and other 
humanitarian organizations, the Government passed an amendment to the 
1991 asylum law in 1997 designed to bring some improvements to the 
``safe country'' rule and the appellate procedure. The Government 
cooperates with the UNHCR and other humanitarian organizations in 
assisting refugees. The UNHCR and other humanitarian organizations 
generally approve of the 1997 asylum law, but there is still some 
dissatisfaction with its implementation. A January amendment to the 
1997 asylum law, which authorizes the Ministry of Interior to draw up a 
``white list'' of ``safe third countries,'' drew sharp criticism from 
human rights and refugee advocacy groups. There is widespread 
opposition to this concept based on the fear that it compromises the 
principle of individual investigation of claims. This principle was 
upheld in a February 1999 ruling of the administrative court and again 
in a March 2000 ruling. In both cases the High Court reversed a denial 
of asylum made on the basis of the ``safe third country'' rule.
    Making government care available to all needy asylum applicants 
until their claims are processed was a focal point of the year's agenda 
of the UNHCR regional office. In principle asylum applicants are 
entitled to federal assistance for food, shelter, and medical care. 
However, the Federal Care Provisions Act specifically states that there 
is no corresponding legal right for applicants. The result is that 
asylum applicants denied assistance have no legal recourse if denied 
these benefits. The Government grants assistance to only one-third of 
all asylum applicants who face financial hardship; one-third are forced 
to rely on charitable assistance, and the remaining applicants 
abandoned their applications and are believed to have left the country 
to apply for asylum elsewhere. Individuals found to be bona fide 
refugees by government authorities are not sent back to the countries 
from which they fled. Asylum seekers whose claims have been rejected by 
the Federal Asylum Office may appeal to the independent Federal Asylum 
Senate; the Administrative Court is the court of last instance.
    Of the estimated 95,000 Bosnian refugees who arrived between April 
1992 and July 1993, the Government provided temporary protected status 
(TPS), similar to first asylum, to 47,000, which made them eligible to 
receive government assistance without having to file asylum 
applications. Most of the other 48,000 refugees were deemed to have 
other means of support, either from families already present in Austria 
or from nongovernmental organizations (NGO's). The overwhelming number 
of all Bosnian refugees has been integrated into the labor market. They 
now hold ``gastarbeiter'' status, which means that their residency 
permit is evaluated each year on the basis of the country's overall 
labor demand. Many of the refugees have chosen voluntarily to return to 
their homeland, a process that still continues. The Government's 
program of assistance for Bosnian war refugees in TPS expired on July 
31. As of that date, approximately 300 Bosnian refugees formerly in TPS 
remained in the country and are now being supported by the social 
welfare system.
    During the Kosovo crisis, Austria accepted an estimated 10,000 to 
15,000 refugees. A total of 5,080 Kosovar Albanians were evacuated 
directly from Macedonia and admitted to Austria under cover of TPS. 
Also, the immigration law was modified to allow Kosovar Albanians 
already in the country in a variety of statuses to extend their stay. 
In December approximately 1,593 Kosovar Albanians of the total of 5,080 
refugees under TPS remained in the country. They receive public 
assistance under a care program similar to the one set up during the 
Bosnian crisis. The Interior Ministry has agreed to extend the July 
2000 deadline for the repatriation of approximately 1,200 Kosovar 
refugees in three categories: 1) those needing protection, 2) those 
supported financially by relatives residing legally in Austria, and 3) 
Kosovars who earlier were granted temporary protected status or asylum 
and already were integrated into the labor market. The Government has 
said that the 226 Kosovars in need of protection would be permitted to 
stay in the country for at least another year, whereas the other two 
categories are to be granted humanitarian residence status temporarily 
until new immigration quotas become formally available in 2001.
    Preliminary figures for asylum applications during the year 
indicate a decrease by almost 10 percent from 1999 figures to 18,290. 
In 1999 there were 20,096 asylum applications, a significant increase 
over the 1998 total of 13,805. In 1999 3,434 applications were accepted 
and 3,573 were denied, compared with 500 approvals and 3,491 denials in 
1998. The 1999 approval figure includes asylum seekers from the Federal 
Republic of Yugoslavia (2,953), Afghanistan (108), Iran (99), Iraq 
(80), and the Democratic Republic of the Congo (26). The record 1999 
approval rate of 49 percent (compared with 11.5 percent in 1998) is 
attributed to the Kosovo conflict. Improved border controls resulting 
from the 1997 full implementation of the Schengen Agreement have led to 
an increase in asylum applications. Aliens who formerly used the 
country as a transit point increasingly are filing asylum applications 
upon arrival.
    In May 1999, an unsuccessful Nigerian asylum applicant, Marcus 
Omofuma, died while being deported to Lagos via Sofia, Bulgaria (see 
Section 1.a.). Because of Omofuma's violent, uncooperative behavior, 
accompanying Austrian police physically restrained him, including 
taping his mouth shut to silence his loud outcries. Omofuma lost 
consciousness during the flight and was pronounced dead upon arrival in 
Sofia. The incident prompted a complete review of internal procedures 
regarding deportations. Two of the three police officers who 
accompanied Omofuma were suspended. The Interior Ministry created the 
Human Rights Advisory Council, composed of representatives from the 
Justice and Interior Ministries, as well as NGO's, to ensure that the 
police and gendarmerie respect human rights while carrying out their 
duties. In addition, the Ministry announced a new policy requiring that 
all potentially violent individuals be deported via chartered aircraft, 
rather than on commercial flights. The investigation into the Omofuma 
case is ongoing. Civil charges, filed on behalf of Omofuma's daughter 
stating that Omofuma's human rights were violated, are also pending.
    In August the Human Rights Advisory Council released a report 
criticizing the conditions of deportation detention for minors as not 
meeting minimum international standards. The council's report to the 
Ministry of Interior lists 43 recommendations aimed at correcting the 
implementation of current legal provisions or at amending the law.
    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
    The Constitution provides citizens with the right to change their 
government peacefully. Citizens exercise this right in practice through 
periodic, free, and fair elections held on the basis of universal 
suffrage. National elections were held in October 1999, in which the 
Social Democrats (SPO) won 65 seats in Parliament; the Freedom party 
(FPO) 52; the People's Party (OVP) 52; and the Green Party 14. On 
February 4, the OVP and FPO formed a right-of-center coalition 
government, headed by the OVP.
    Women play an active role but are underrepresented in government 
and politics. Approximately 27 percent of the Members of Parliament and 
5 of 16 cabinet members are women.

Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A number of human rights groups operate without government 
restriction, investigating and publishing their findings on human 
rights cases. In some cases, they have been dissatisfied with the 
information that the authorities have supplied in response to specific 
complaints. There have been no reports of discrimination against 
organizations that report on human rights.
    Following the inclusion of the FPO in the Government, several NGO's 
expressed concern that the country's climate of tolerance and respect 
for ethnic and religious diversity would worsen. During the summer, a 
group of 3 human rights experts, accepted by the other 14 EU member 
states, conducted a review of the rights of minorities, refugees, and 
immigrants in the country. Their report, published in September, 
concluded that appropriate legal protection was available for 
minorities.

Section 5. Discrimination Based on Race, Sex, Religion, Disability, 
        Language, or Social Status
    The law provides for protection against any of these kinds of 
discrimination in employment, provision of welfare benefits, and other 
matters, and the Government generally enforces its provisions 
effectively. There were allegations that police abused homosexuals (see 
Section 1.c.).
    Women.--Violence against women remains a problem. An estimated 
300,000 women are abused annually. Police and judges enforce laws 
against violence; however, less than 10 percent of abused women are 
estimated to file complaints. Overall, the Association of Houses for 
Battered Women estimates that one-fifth of the country's 1.5 million 
adult women has suffered from violence in a relationship. In July 1999, 
legislators passed an amendment to the 1997 Law on the Protection 
Against Violence in the Family, extending the period during which 
police can expel abusive family members from family homes. Between 
January and June, the injunction to prevent abusive family members from 
returning home was applied in 1,687 cases. The Government also sponsors 
shelters and help lines for women.
    Trafficking in women is a problem (see Section 6.f.). While 
prostitution is legal, trafficking for the purposes of prostitution is 
illegal.
    Most legal restrictions on women's rights have been abolished. In 
1994 the European Court of Justice ruled that the country's law 
prohibiting women from working nights was not permissible and gave the 
Government until 2001 to adapt its legislation to gender-neutral EU 
regulations. Legislation went into effect in January 1998, requiring 
that collective bargaining units take action by 2001 to eliminate 
restrictions on nighttime work for women.
    In October the Freedom Party replaced Social Security and 
Generations Minister Elisabeth Sickl with FPO Member of Parliament 
Herbert Haupt. The Government received extensive criticism for 
replacing the head of this ministry, which oversees women's affairs, 
with a man. A Federal Equality Commission and a Federal Commissioner 
for Equal Treatment oversee laws prescribing equal treatment of men and 
women. Sixty percent of women between the ages of 15 and 60 are in the 
labor force. Despite substantial gains, women's incomes continue to 
average 30 percent less than those of men.
    In September the U.N. Committee on Elimination of Discrimination 
Against Women released a report criticizing the new Government's 
treatment of women, including its decision to abolish the Federal 
Women's Affairs Ministry and fold its portfolio into the newly created 
Ministry of Social Affairs and Generations. The Committee was 
especially concerned about immigrant women's access to employment.
    As of January 1, 1998, women were allowed to serve in the military 
voluntarily. On April 1, 1998, the first two women began training. On 
December 1, 1998, the first women, both doctors, were taken into the 
military. The long-term expectation is that women may make up about 5 
percent of the military. As of August, there were a total of 104 women 
serving in the military. This includes 6 officers, 2 of whom currently 
are serving in peacekeeping operations abroad, and 13 noncommissioned 
officers (NCO's). There are 7 women currently undergoing officer 
training and 52 training to be NCO's. The remaining 26 are training as 
high-level athletes. There are no restrictions on the type or location 
of assignments given to women.
    Although labor laws provide for equal treatment for women in the 
civil service, they remain underrepresented. To remedy this 
circumstance, a 1993 law requires hiring women of equivalent 
qualifications ahead of men in civil service areas in which less than 
40 percent of the employees are women; however, there are no penalties 
for failing to attain the 40 percent target. Critics of the Government 
raised the issue of sexual equality in a proposed ``objectivity law'' 
on personnel appointments in the civil service. They are asking for 
provisions that provide parity between men and women on personnel 
appointment panels.
    Women may be awarded compensation of up to 4 months' salary if 
discriminated against in promotions because of their sex. The Labor 
Court also can order employers to compensate victims of sexual 
harassment.
    Women's rights organizations are partly politically affiliated, and 
partly autonomous groups. In voicing their concerns, they receive wide 
public attention. Despite fears of women's rights groups, the new 
coalition asserted that these groups would continue to receive 
government subsidies.
    Children.--Laws protect the vast majority of children's rights 
established in international conventions and in some respects go beyond 
them. Each provincial government and the federal Ministry for Youth and 
Family Affairs has an ``Ombudsperson for Children and Adolescents'' 
whose main function is to resolve complaints about violations of rights 
of children.
    While 9 years of education are mandatory for all children, 
beginning at age 6, the Government also provides free education through 
the level of technical or vocational programs or university. 
Educational opportunity is equal for girls and boys. Comprehensive, 
government-financed medical care is available for all children without 
regard to gender.
    There is no societal pattern of abuse against children, although 
heightened awareness of child abuse has led the Government to increase 
its efforts to monitor the issue and prosecute offenders. The growing 
number of reported incidences of child abuse is considered a result of 
increased public awareness of the problem. According to the Penal Code, 
sexual intercourse between an adult and a child (under 14 years of age) 
is punishable with a prison sentence of up to 10 years; in case of 
pregnancy of the victim, the sentence can be extended to up to 15 
years. In 1999 the Ministry of Justice reported 690 cases of child 
abuse involving either intercourse with a minor (paragraph 206 of the 
Penal Code) or attempted intercourse with a minor (paragraph 207). Of 
these, 519 cases were investigated. In 1998 there were 745 cases 
involving the same sections of the Penal Code, of which 554 were 
investigated, resulting in 252 convictions.
    Stricter regulations on child pornography went into effect in 1997. 
Under the new laws, any citizen engaging in child pornography in a 
foreign country becomes punishable under Austrian law even if the 
actions are not punishable in the country where this violation was 
committed. The laws also entail more severe provisions for the 
possession, trading, and private viewing of pornographic materials. For 
example, exchanging videos is now illegal even if done privately rather 
than as a business transaction.
    People with Disabilities.--The law protects disabled individuals 
from discrimination in housing, education, and employment. In July 
1997, Parliament passed an amendment to the Constitution explicitly 
requiring the State to provide for equal rights for the disabled ``in 
all areas of everyday life. `` The law requires all private enterprises 
and state and federal government offices to employ 1 disabled person 
for every 25 to 45 employees, depending on the type of work. Employers 
who do not meet this requirement must pay a fee to the Government, and 
the proceeds help finance services for the disabled such as training 
programs, wage subsidies, and workplace adaptations. However, the law 
has received some criticism, since many observers believe that 
penalties are too low to discourage companies from bypassing the 
requirement. No federal law mandates access for the physically 
disabled; some public buildings are virtually inaccessible to those 
unable to climb stairs.
    Mentally retarded women can be sterilized involuntarily at the 
request of parents; in the case of minors; or, by request of the 
responsible family member or by court order, in the case of adults. One 
political party has called for restrictive legislation to make it more 
difficult to sterilize mentally retarded women; however, no legislative 
action has ever been taken on this proposal.
    Religious Minorities.--Members of various nonrecognized religious 
groups complained of discrimination and harassment by the public. The 
head of the Lutheran Church in Burgenland, Gertrude Knoll, who spoke 
out against intolerance and xenophobia at a February political 
demonstration, was subjected to hate mail and threats against herself 
and her family. It was widely assumed, but never proven, that FPO 
supporters were behind the hate campaign.
    The leader of the country's Jewish community reported that persons 
within the community who took a stand against racism and xenophobia 
(including himself) were subjected to verbal and written threats. The 
FPO's attitudes against foreigners and minorities reportedly led some 
members of the Jewish community to consider leaving the country.
    National/Racial/Ethnic Minorities.--While statistics for the first 
half of the year showed a marked increase in the number of official 
complaints of neo-Nazi, right-wing extremist, or xenophobic incidents, 
the Interior Ministry estimates that figures for the calendar year 
indicate a slight overall decrease compared to 1999. In 1999 the 
Ministry recorded 311 rightwing incidents, 15 anti-Semitic incidents, 
and 52 xenophobic incidents, which led to a total of 25 convictions. In 
1998 there were 244 reported rightwing incidents, 31 anti-Semitic 
incidents, and 8 xenophobic incidents, with 41 convictions. The 
Government expressed concern over the activities of extreme-right 
skinhead and neo-Nazi groups, many with links to organizations in other 
countries. Despite ongoing budgetary austerity, the Government retained 
the previous year's funding levels for ethnic minorities in the 2000 
budget.
    In August the domestic media reported that the European Commission 
Against Racism and Intolerance (ECRI) issued a confidential report to 
the Government recommending the swift implementation of additional 
measures against racism, xenophobia, discrimination, and intolerance. 
Members of the Commission reportedly expressed ``deep concern about the 
extensive use of racist and xenophobic remarks by Austrian 
politicians.''
    In July the Government passed a comprehensive prominority rights 
bill providing expanded constitutional protections for the country's 
six officially recognized minorities. In response to a longstanding 
demand by minority representatives, the governing coalition committed 
to ``honor and promote its historic minorities'' as a constitutionally 
anchored policy goal. In a related development, the Government approved 
the placement of bilingual town signs in Croat- and Hungarian-speaking 
areas of Burgenland province, an action pending since 1955. The 
Government also agreed to continue funding, albeit at lower levels, 
privately run minority radio stations. In Carinthia Governor Haider 
promised to fulfill a longstanding demand by the resident Slovene 
minority for a dedicated seat in the provincial assembly. Haider also 
promised to implement additional prominority measures in the province's 
preschool system. Minority representatives acknowledged all these 
measures, but some critics contend that the recent spate of prominority 
measures is clearly a result of EU sanctions.
    In October 1999, authorities arrested 69 suspected neo-Nazis in the 
province of Upper Austria. The group had contacts with neo-Nazis in 
several other countries. In a separate action in November 1999, 17 
skinheads in the same province were charged with violation of the law 
against neo-Nazi activities.
    In March 1999, Franz Fuchs was convicted of conducting a 
xenophobic, deadly letter bomb campaign between 1993 and 1997. He was 
sentenced to life imprisonment but committed suicide in February.
    During the national election campaign, the Freedom Party exploited 
the fears of many citizens that EU expansion and a continued influx of 
asylum seekers and refugees from the Balkans and other areas would 
result in uncontrolled immigration. The Vienna FPO chapter widely 
distributed placards carrying anti-immigrant slogans, including a call 
to stop ``overforeignization.''

Section 6. Worker Rights
    a. The Right of Association.--Workers have the right to form and 
join unions without prior authorization, under general constitutional 
provisions regarding freedom of association. In practice trade unions 
have an important and independent voice in the political, social, and 
economic life of the country. Fifty-two percent of the work force are 
organized into 13 national unions belonging to the Austrian Trade Union 
Federation (OGB), which has a highly centralized leadership structure. 
Association of national unions with the OGB is voluntary. Individual 
unions and the OGB are independent of government or political party 
control, although formal factions within these organizations are allied 
closely with political parties.
    Although the right to strike is not provided explicitly in the 
Constitution or in national legislation, it is universally recognized. 
Historically strikes have been comparatively few and usually of short 
duration. A major reason for the record of labor peace is the 
unofficial system of ``social partnership'' among labor, management, 
and government. At the center of the system is the Joint Parity 
Commission for Wages and Prices, which has an important voice on major 
economic questions.
    b. The Right to Organize and Bargain Collectively.--Unions have the 
right to organize and bargain collectively. Almost all large companies, 
private or state-owned, are organized. Worker councils operate at the 
enterprise level, and workers are entitled by law to elect one-third of 
the members of the supervisory boards of major companies. Collective 
agreements covering wages, benefits, and working conditions are 
negotiated by the OGB with the National Chamber of Commerce and its 
associations, which represent the employers. The Joint Parity 
Commission sets wage and price policy guidelines. A 1973 law obliges 
employers in enterprises with more than five employees to prove that 
job dismissals are not motivated by antiunion discrimination. Employers 
found guilty of this offense are required to reinstate workers. Labor 
and business representatives remain in a longstanding disagreement over 
how to comply with the obligation under the International Labor 
Organization's Convention 98 to provide legal protection to employees 
against arbitrary dismissals in firms with five employees or fewer.
    Typically legal disputes between employers and employees regarding 
job-related matters are handled by a special arbitration court for 
social affairs. The OGB is exclusively responsible for collective 
bargaining. The leadership of the Chamber of Labor, the Chamber of 
Commerce, and the OGB are elected democratically.
    There are no export processing zones.
    c. Prohibition of Forced or Compulsory Labor.--Forced labor is 
prohibited by law and generally is not practiced. Trafficking in women 
for the purpose of forced prostitution remains a problem (see Section 
6.f.). The Government prohibits forced and bonded labor by children and 
enforces this prohibition effectively.
    Former forced laborers have filed suits against Austrian companies 
that used forced labor provided by the Nazi government. In October an 
agreement was signed between the Government, attorneys representing 
former forced and slave laborers, and representatives of foreign 
governments, providing for compensation for former forced and slave 
laborers. In July Parliament unanimously passed legislation authorizing 
the payment of $418 million (6 billion ATS) for victims of forced and 
slave labor.
    d. Status of Child Labor Practices and Minimum Age for 
Employment.--The minimum legal working age is 15 years. The Labor 
Inspectorate of the Ministry of Social Affairs effectively enforces the 
law. The Government has adopted laws and policies to protect children 
from exploitation in the work place. The law prohibits forced and 
bonded child labor, and the Government enforces this prohibition 
effectively (see Section 6.c.).
    e. Acceptable Conditions of Work.--There is no legislated national 
minimum wage. Instead, nationwide collective bargaining agreements set 
minimums by job classification for each industry. The generally 
accepted unofficial minimum gross income is $11,200 (168,000 ATS) per 
year. Every worker is entitled to a variety of generous social 
benefits. The average citizen has a high standard of living, and even 
the minimum wages are sufficient to permit a decent living for workers 
and their families.
    Although the legal workweek has been established at 40 hours since 
1975, more than 50 percent of the labor force is covered by collective 
bargaining agreements that set the workweek at 38 or 38+ hours.
    Extensive legislation, regularly enforced by the Labor Inspectorate 
of the Ministry of Social Affairs, provides for mandatory occupational 
health and safety standards. Workers may file complaints anonymously 
with the Labor Inspectorate, which may bring suit against the employer 
on behalf of the employee; however, this option is rarely exercised, as 
workers normally rely instead on the Chambers of Labor, which file 
suits on their behalf.
    The Labor Code provides that workers have the right to remove 
themselves from a job if they fear ``serious, immediate danger to life 
and health'' without incurring any prejudice to their job or career.
    f. Trafficking in Persons.--There is no single law covering 
trafficking in persons generally, but several laws contain provisions 
that apply to this problem. Trafficking for the purpose of prostitution 
is illegal, and the law provides for a jail sentence of up to 10 years 
for convicted traffickers. Prostitution itself is legal. Another law 
covers trafficking in persons for purposes other than prostitution. 
NGO's report that enforcement is weak and that convicted traffickers 
generally receive sentences of less than 3 years imprisonment. A 
leading domestic NGO reports that the country has shifted from being a 
transit country to a major final destination, primarily for women from 
Eastern Europe and the countries of the former Soviet Union who are 
trafficked into prostitution and other forms of forced dependency. 
Convictions for trafficking in women and children increased by 162 
percent. Police estimate that one-fourth of trafficking in women in the 
country is controlled by organized crime. Austria is particularly 
attractive to traffickers due to its geographic location and to the 
fact that citizens of the Czech Republic, Slovakia, and Hungary do not 
require visas to enter the country. On March 24, the Interior Ministry 
announced draft legislation to enact stronger penalties against alien 
smuggling. The maximum penalty for the most serious offenses would 
increase from 5 to 10 years' imprisonment. In the first 6 months of the 
year, the authorities arrested 133 smugglers of persons.
    A witness protection program granting temporary resident status to 
women willing to testify against their traffickers went into effect on 
January 1, 1998. In the past, because so few witnesses agreed to 
testify against their traffickers, prosecution was difficult, and those 
trafficked often simply were expelled from the country. The witness 
protection plan is aimed at generating more support from witnesses; 
however, victims still rarely agree to testify, due to fear of 
retribution. The temporary resident status allows victims to stay in 
the country only during a trial; no provisions are made for them to 
stay in the country following their testimony. Virtually all victims 
are deported. Various NGO's, with the support of the Government, have 
begun to broaden their assistance and strong support for battered 
spouses to include those women seeking to flee from the prostitution 
traps created by criminal elements. There is one NGO center that 
provides comprehensive counseling, educational services, and emergency 
housing to victims of trafficking.
                               __________

                               AZERBAIJAN

    Azerbaijan is a republic with a presidential form of government. 
Heydar Aliyev, who assumed presidential powers after the overthrow of 
his democratically elected predecessor in 1993, was reelected in 
October 1998 in a controversial election marred by numerous, serious 
irregularities, violations of the election law, and lack of 
transparency in the vote counting process at the district and national 
levels. President Aliyev and his supporters continue to dominate the 
government and the multiparty 125-member Parliament. Parliamentary 
elections held in November showed some progress over the flawed 1995 
elections in that political pluralism was advanced; however, there were 
numerous serious flaws; and the elections did not meet international 
standards. Serious irregularities included the disqualification of half 
of the prospective candidates in the single mandate elections, a flawed 
appeals process, ballot box stuffing, manipulated turnout results, 
premarked ballots, severe restrictions on domestic nonpartisan 
observers, and a completely flawed vote counting process. The 
Constitution, adopted in a 1995 referendum, established a system of 
government based on a division of powers among a strong presidency, a 
legislature with the power to approve the budget and impeach the 
President, and a nominally independent judiciary. The judiciary does 
not function independently of the executive branch and is corrupt and 
inefficient.
    The police, the Ministry of Internal Affairs, and the Ministry of 
National Security are responsible for internal security. Members of the 
police continue to commit numerous human rights abuses.
    Azerbaijan continued to affirm its commitment to an economic 
transition from central planning to a free market; however, reforms 
stagnated in practice. Economic growth has been spurred by substantial 
foreign investment in the hydrocarbon sector, but it is offset by 
widespread corruption and patronage. While government statistics 
pointed to continued economic growth during the year, the real economy 
continues to be affected by a low level of foreign business activity 
due largely to low oil prices in 1999, a lack of oil industry 
infrastructure, widespread corruption and a deteriorating business 
climate. Consistently high oil prices appear to be reversing that 
trend. The country has rich petroleum reserves and significant 
agricultural potential. Oil and oil products are the largest export, 
followed by cotton and tobacco. Other key industries are chemicals and 
oil field machinery. The government signed new oil production sharing 
agreements with foreign oil companies and a group of eight oil 
companies formed a sponsors group and began engineering studies for the 
Baku-Tbilisi-Ceyhan main export pipeline. Agriculture employs 36 
percent of the labor force and makes up 22 percent of the gross 
domestic product (GDP). The leading crops are wheat, fruit and 
vegetables, cotton, tobacco, and grapes. Privatization of industry was 
postponed while the government rewrote its privatization laws to bring 
them up to international standards. On August 10, President Aliyev 
issued a decree to implement the new privatization law adopted by the 
Parliament in May. Large enterprises remain almost exclusively under 
government control and operate at a fraction of their capacity. The 
accumulation of large wage arrears is common. Private retail 
enterprises, cotton gins, and grain mills are proliferating. More than 
90 percent of the nation's farmland is now in private hands, but new 
small farmers have poor access to credit and markets, and commercial 
agriculture remains weak. Per capita GDP is approximately $500 per 
year. Much of the labor force is employed in the state sector where 
wages are low. The overall economic situation of the average citizen 
remains tenuous, although in urban areas a growing moneyed class with 
trade and oil-related interests has emerged. According to official 
statistics, the economy now is only 60 percent of the size of the 
economy in 1991. According to the World Bank, 60 percent of the 
citizens live in poverty. Severe disparities of income have emerged 
that are attributed partly to patronage and corruption.
    The Government's human rights record remained poor; although there 
were improvements in a few significant areas, serious problems remain. 
The Government continues to restrict citizens' ability to change their 
government peacefully. Police tortured and beat persons in custody, 
arbitrarily arrested and detained persons, and conducted searches and 
seizures without warrants. In most instances, the Government took no 
action to punish abusers, although perpetrators were prosecuted in a 
handful of cases. Prison conditions remained harsh, and some prisoners 
died as a result of these conditions. Lengthy pretrial detention is 
still a problem. The judiciary is corrupt, inefficient, and subject to 
executive influence. Corruption continued to pervade most government 
organs, and it is widely believed that most persons in appointed 
government positions and in state employment purchased their positions. 
During the year a total of five presidential pardons and amnesties 
resulted in the release of approximately 300 prisoners, including some 
political prisoners. The Government holds about 50 political prisoners. 
The Government infringes on citizens' privacy rights. The Government 
continues to limit freedom of speech and of the press. Although the 
Government abolished censorship in August 1998, government officials 
throughout the year sought to intimidate independent and opposition 
newspapers by suing them for defamation. As a result, journalists 
practiced self-censorship. Nevertheless, scores of opposition and 
independent newspapers continue to publish and discuss a wide range of 
sensitive domestic and foreign policy issues. Criticism of the 
Government and of the Aliyev family is not uncommon; however, 
journalists were subject to violence on occasion by unknown assailants 
who sought to stop media criticism of the Government. The Government 
continued to deny broadcast licenses to all truly independent 
organizations that applied to open television and radio stations. The 
Government also tightly controls official radio and television, the 
primary source of information for most of the population.
    The Government restricted freedom of assembly and association. 
Although local authorities in Baku permitted several demonstrations to 
take place, the locations negotiated with the city government were not 
those preferred by the opposition and were subject to heavy police 
surveillance. Baku authorities broke up unsanctioned demonstrations and 
pickets throughout the year. Opposition political parties tried to hold 
smaller-scale meetings and seminars throughout the country; although 
many do take place, local authorities refuse to sanction some. The 
Government continues to refuse to register some political parties. 
There are currently 38 registered political parties, 20 of which are 
considered to be opposition parties. The Government registered the 
opposition Azerbaijan Democratic Party after a long delay in February. 
After a series of crackdowns on religious groups in the summer and fall 
of 1999, the Government improved its record on religious liberty 
following President Aliyev's public commitment to do so in November 
1999. The Government acted to redress earlier harassment by lower-level 
government and security officials, including arrests, deportation 
orders, and a failure to register religious groups. However, harassment 
of some non-traditional religious groups by lower-level and local 
government officials continued. The authorities broke up religious 
observances, and bureaucratic harassment, including lengthy delays in 
registration, continued for some religious organizations. The 
Government at times restricted freedom of movement. The Government 
controlled the electoral process. Although parliamentary elections held 
in November showed some improvement over the flawed 1995 elections, 
numerous serious irregularities marred the process. The Government 
criticized certain domestic human rights activists. Domestic human 
rights NGO's routinely experience problems with registration. Violence 
and discrimination against women and discrimination against certain 
religious minorities are problems. The Government limits some worker 
rights. Trafficking in persons, particularly women for the purpose of 
forced prostitution, is a problem.
    After years of interethnic conflict between Armenians and 
Azerbaijanis, Armenian forces and forces of the self-styled ``Republic 
of Nagorno-Karabakh'' (which is not recognized by any government) 
continue to occupy 20 percent of Azerbaijan's territory. A cease-fire 
was concluded in 1994, and the peace process continues. Beginning in 
1999, the Presidents of Azerbaijan and Armenia held a series of direct 
meetings to discuss a compromise resolution. These meetings have yet to 
yield concrete results. Exchanges of fire occurred sporadically along 
the Azerbaijan-Armenian border and along the line of contact with 
Nagorno-Karabakh, causing numerous casualties. Military operations of 
1989-94 continue to affect the civilian population to this day. There 
were four civilian and four military casualties during the year caused 
by landmines. In 1999 three persons were killed and five were wounded 
by landmines. These landmines were laid near the disputed area by the 
governments of Azerbaijan and Armenia and the Karabakh Armenian 
authorities. There are approximately 800,000 Azerbaijani refugees and 
internally displaced persons (IDP's) who cannot return to their homes 
in Nagorno-Karabakh and the occupied territories and approximately 
300,000 Armenians who cannot return to Baku and other cities in 
Azerbaijan.
    The Government of Azerbaijan does not exercise any control over 
events inside of Nagorno-Karabakh. Little information is available on 
the human rights situation in Nagorno-Karabakh due to limited access to 
the region by foreign diplomatic officials. In March Nagorno-Karabakh 
``President'' Arkady Ghukasian was injured by gunfire while travelling 
from his office to his residence. Samuel Babayan, the former chief of 
the ``Nagorno-Karabakh Defense forces'' and former ``Minister of 
Defense'', his brother Karen (currently mayor of Stepankert), and 25 
others were taken into custody in connection with the shooting. On 
March 28, authorities arrested Vahram Aghajanian, a journalist who 
writes for an opposition newspaper in Nagorno-Karabakh, and accused him 
of slandering the ``Prime Minister.'' He was held without charge for 2 
weeks after his arrest, and then given a 1-year sentence for defamation 
of character. In April he was released from prison after an appeals 
court suspended his 1-year sentence. There were some reports that the 
Armenian Apostolic Church enjoys at least quasi-official status, and 
that the practice of some other religious faiths, such as evangelical 
Christianity, is discouraged.
    Cease-fire violations by both sides in the Nagorno-Karabakh 
conflict continue. They result in injuries and deaths among combatants 
and occasionally civilians. The taking of prisoners, including 
civilians, occurs. Nagorno-Karabakh Armenian forces in Nagorno-Karabakh 
and the occupied territories continued to prevent the return of 
hundreds of thousands of IDP's to their homes.

                        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 extrajudicial killings by government officials.
    There were a few reports of deaths of prisoners due, at least in 
part to prison conditions while in official custody. Several prisoners 
were killed during a reported uprising at a prison in January 1999 (see 
Section 1.c.). The Government still has not released a report on the 
prison uprising.
    Cease-fire violations by both sides in the Nagorno-Karabakh 
conflict occasionally resulted in deaths and injuries to civilians.
    There were four civilian and four military casualties due to 
landmines during the year. In 1999 three persons were killed and five 
were wounded by landmines laid near the disputed area of Nagorno-
Karabakh. These mines were laid by the governments of Azerbaijan and 
Armenia and the Karabakh Armenian authorities.
    b. Disappearance.--There were no reports of politically motivated 
disappearances.
    During the year, 16 Azerbaijani and 2 Armenian POW's were released. 
The Government of Azerbaijan claims it has released all Armenian POW's. 
The International Committee of the Red Cross (ICRC) repeatedly asked 
the concerned parties for notification of any person captured in 
relation to the conflict, access to all places of detention connected 
with the conflict, and release of all such persons. The ICRC also urged 
the parties to provide information on the fate of persons reported as 
missing in action. Since 1997 the ICRC has collected from concerned 
family members the names of approximately 2,300 missing Azerbaijani 
nationals allegedly held by Armenia.
    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--Torture is illegal; however, there are credible reports 
that prison guards tortured inmates, and that the police beat prisoners 
during arrest, interrogation, and pretrial detention. On September 1, 
the Government enacted a new criminal code that bans acts of torture 
and makes perpetrators liable for up to 10 years imprisonment. A 
definition of torture, in line with that contained in the U.N. 
Convention on Torture, was also adopted. The Government does not hold 
most members of the police accountable for their actions, and impunity 
continues to be a problem. In most instances, the Government took no 
action to punish abusers, although perpetrators were prosecuted in a 
handful of cases. In a 1999 report, Human Rights Watch noted that the 
most severe and routine physical abuse of detainees takes place just 
prior to and during the preliminary investigation, as police and other 
investigators ``isolate detainees from all contact with the outside 
world, and beat and coerce confessions from suspects and statements 
from witnesses.''
    Prison conditions are harsh. The quality of food, housing, and 
medical care is poor. Prisoners must rely on their families to provide 
food and medicine. There are widespread and credible reports that 
authorities deny or give inadequate medical treatment to prisoners with 
serious medical conditions. Tuberculosis is a problem. Approximately 
2,000 prisoners have been treated for tuberculosis. Due to the absence 
of systematic screening of the prison population, patients often start 
treatment when they are already seriously ill and there is only a 55 
percent cure rate. Authorities severely limit opportunities for 
exercise and visits by lawyers and family members of prisoners in 
security prisons. Some prisoners are kept in ``separation cells'' often 
located in basements, in which prisoners reportedly are denied food and 
sleep in order to elicit confessions from them with no physical 
evidence of abuse. Men and women are housed in separate prison 
facilities. On March 20, President Aliyev signed two human rights 
decrees. One permitted the ICRC to begin prison visits, which allowed 
the ICRC access to all places and to all detainees within its mandates, 
both sentenced and unsentenced. The second decree provided for 
adherence to the U.N. Convention on Torture.
    The first visit of ICRC representatives took place on June 23 to 
Gobustan prison. ICRC visits to the Bailov Detention Center in Baku 
began on September 6. The ICRC also still had access to prisons where 
persons of the Nagorno-Karabakh conflict were detained. Local human 
rights organizations were able to continue their visits to prisons; 
however, one local organization has been denied access since July.
    d. Arbitrary Arrest, Detention, or Exile.--Authorities arbitrarily 
arrest and detain persons without legal warrants. Often authorities do 
not notify family members after arrests. Frequently it is days before 
family members are able to obtain information as to whether authorities 
have arrested someone, and where authorities are holding the detainee. 
Family members do not enjoy the right of visitation. Authorities 
generally deny bail to detained individuals and often do not inform 
detainees of the charges against them. While the situation appears to 
be improving gradually, lengthy pretrial detention is still a problem. 
In July 1999 the Constitutional Court ruled that detainees could have 
access to a lawyer from the time of detention rather than only after 
they have been charged with a crime, but access to lawyers is often 
poor. In the past, police sometimes detained relatives of suspects 
being sought in an attempt to force the family to reveal a suspect's 
whereabouts (see Section 1.f.).
    Twenty-three members of opposition parties were still in custody at 
year's end for their alleged participation in an unsanctioned 
demonstration in Sheki on November 18. Some of these demonstrators 
violently attacked government buildings and law enforcement officials. 
Throughout the year, opposition members were detained for participating 
in unsanctioned demonstrations and later released by police without 
further charges.
    Members of opposition political parties were more likely to 
experience official harassment than other citizens. In response to 
publication of a series of articles insulting the residents of the 
autonomous republic of Nakhchivan published by Yeni Musavat in 
February, five opposition politicians and the author of the articles 
were detained by officials in Nakhchivan (see section 2.a.). All were 
subsequently released.
    In July police arrested four participants at an unsanctioned 
demonstration in support of opposition Azerbaijan National Independence 
Party leader, Etibar Mammedov. Two of the four were imprisoned while 
awaiting their trial, which was delayed numerous times. All eventually 
were fined and released.
    Police forcibly dispersed an unsanctioned demonstration on April 
29. The demonstrators made up of a cross-section of opposition party 
members attempted to assemble at a downtown Baku square to demand free 
and fair parliamentary elections in November. The Government refused to 
issue a permit for the demonstration and ordered police to break up the 
rally. A number of protesters and journalists covering the 
demonstration were injured; dozens were arrested and detained before 
being released without charges (See sections 2.a. and 2.b.). In 1999, 
police beat, harassed detained, and arrested members of evangelical 
Christian and other groups, and seized their documents and property. 
This year there were few reports of such incidents, and there has been 
substantial improvement in the treatment of evangelical Christian 
groups (see Section 2.c.).
    In July police arrested and detained worshippers of a Pentecostal 
church in Baku (see Section 2.c.).
    In August Ramiz Hasanov, head of the Azerbaijan Democratic Party's 
(ADP) Ganja Branch, was arrested for allegedly concealing knowledge of 
a coup d'etat planned by Ganja's ex-police chief Natiq Effendiyev. No 
trial date was set by year's end. There were credible reports that 
local authorities harassed ADP party members while they campaigned for 
the party in the period prior to parliamentary elections.
    In August a member of the Nakhchivan branch of the opposition 
Musavat Party-demanding free and fair parliamentary elections in 
November-attempted to hijack a domestic flight from Nakhchivan to Baku. 
He was subsequently disarmed and arrested after the plane landed safely 
in Baku. Days later, Yeni Musavat opposition journalist Rauf Arifoglu 
was arrested for allegedly concealing a weapon, which many believe may 
have been planted by police, and for concealing prior knowledge of the 
hijacking attempt. Arifoglu was detained for six weeks and later 
released in October. A trial date for Arifoglu was not set by year's 
end. Local police detained several members of the opposition Popular 
Front Party in Nakhchivan under suspicion for complicity in the 
hijacking. All later were released. Local police also arrested a Yeni 
Musavat reporter soon after his arrival in Nakhchivan to cover the 
hijacking. Police did not disseminate any information about the 
journalist's whereabouts until his release 2 days later (see Section 
2.a.).
    Rza Guliyev and Etibar Guliyev, nephews of exiled opposition 
politician Rasul Guliyev, were both convicted of large-scale 
embezzlement in 1999 and 2000, and are currently serving 7 year jail 
sentences. The actions taken against Guliyev's nephews appeared to be 
politically motivated. Rasul Guliyev was forced to resign as Speaker of 
the Parliament in 1996 and now is living abroad. He is accused by the 
government of large-scale embezzlement and an arrest warrant has been 
issued based on the results of an investigation by the Prosecutor 
General's office. Guliyev claims that he and his attorney are unable to 
see these charges.
    On September 1, the Government promulgated several new legal codes, 
replacing codes from the Soviet era. These included: a new criminal 
code, a family code, a civil code, a civil procedures code, and a code 
on administrative violations. Officials cooperated with foreign 
advisers to develop the new codes in accordance with Western European 
standards. However, the Government had not implemented completely some 
of these codes by year's end.
    The Government does not use forced exile.
    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary; however, in practice judges do not function 
independently of the executive branch. The judicial system is subject 
to the influence of executive authorities. The President appoints 
Supreme and Constitutional Court judges, subject to confirmation by 
Parliament. The President directly appoints lower level judges with no 
requirement for confirmation. In April qualifying exams for judges were 
administered for the first time. Over half of the approximately 1,000 
test takers passed the written portion of the exam, which international 
legal observers say was conducted fairly. However, there were numerous 
reports of fraud during the oral portion of the test, where many 
positions were allegedly bought and sold. The judiciary is widely 
believed to be corrupt and inefficient.
    During the year, the Constitutional Court formed in 1998 made a 
number of decisions, which demonstrated a more independent body. In 
February it reregistered the opposition Azerbaijan Democratic Party 
following a long and drawn-out appeal by the party. In August it also 
decided to declare unconstitutional the retroactive application of a 
clause in the election law that required parties to be registered 6 
months in advance of the announcement of the elections. In November it 
voided the results of the Parliamentary elections in four additional 
districts (the Central Election Commission (CEC) originally recommended 
the results in 7 districts be voided).
    Courts of general jurisdiction may hear criminal, civil, and 
juvenile cases. District and municipal courts try the overwhelming 
majority of cases. The Supreme Court also may act as the court of first 
instance, depending on the nature ad seriousness of the crime.
    The Government organizes prosecutors into offices at the district, 
municipal, and republic level. They are ultimately responsible to the 
Minister of Justice, are appointed by the President, and are confirmed 
by Parliament. The Constitution prescribes equal status for prosecutors 
and defense attorneys before the courts. In practice, prosecutors' 
prerogatives outweigh those of defense attorneys. Investigations often 
rely on obtaining confessions rather than obtaining evidence against 
suspects. No judge has dismissed a case based on a prisoner's claim of 
having been beaten.
    Cases at the district court level are tried before a panel 
consisting of one judge and two lay assessors. The judge presides over 
and directs trials. Judges frequently send cases unlikely to end in 
convictions back to the prosecutor for ``additional investigation.'' 
Such cases either may be dropped or closed, occasionally without 
informing either the court or the defendant. The Constitution provides 
for public trials except in cases involving state, commercial, or 
professional secrets, or matters involving confidentiality of personal 
or family matters.
    The Constitution provides for the presumption of innocence in 
criminal cases and for numerous other rights, including an exclusionary 
rule barring the use of illegally obtained evidence and for a suspect's 
right to legal counsel and to be informed immediately of his legal 
rights, and of the charges against him. However, the Government has not 
made significant efforts to enforce these rights throughout the 
criminal justice system. Defendants may confront witnesses and present 
evidence. The court appoints an attorney for indigent defendants. 
Defendants and prosecutors have the right of appeal. The Government 
generally has observed the constitutional provision for public trial. 
Foreign and domestic observers generally are able to attend trials.
    The Law on Advocates and Advocate Activity entered into force on 
January 27. It contains some useful features, such as rules on 
professionalism, and a call for people to pass a bar exam. Many legal 
observers find the law difficult to understand and question whether its 
implementation will improve the rule of law. The International League 
for Human Rights (ILHR) considers the law a step back, because they 
believe it restricts the independence of lawyers and the ability of 
independent lawyers to defend victims of human rights abuse by 
requiring defense lawyers in criminal cases and pre-trial detentions to 
belong to the collegium of advocates. The collegium remains the 
principal regulatory body of the legal profession under the new law.
    The Government held approximately 50 political prisoners at year's 
end. Some political prisoners were released following five presidential 
pardons and amnesties during the year. The Government continues to 
assert that it holds no political prisoners.
    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The Constitution provides for secrecy of 
correspondence and telephone conversations, subject to limits provided 
by law in criminal investigations or in prevention of a crime. The 
Government infringed on these rights. The Constitution allows searches 
of residences only with a court order or in cases provided by law. 
However, citizens widely believe that the Ministry of National Security 
monitors telephones and Internet traffic, especially those of 
foreigners and prominent political and business figures. Police often 
conducted searches without a warrant, and investigations sometimes 
resulted in confining the individuals to their city of residence or a 
brief jail sentence for questioning. There were credible allegations 
that police continued to intimidate and harass family members of 
suspects (see Sections 1.c. and 1.d.).
    There were credible reports that individuals linked to opposition 
parties were fired from their jobs (see Section 2.d.). In September, 
the wife of an ADP leader in Khanlar province was fired from her job 
for collecting signatures for the party's proportional list candidates 
running in the November parliamentary elections. In Gabala two ADP 
members were summoned by local authorities and instructed to stop 
collecting signatures or they would be fired. In Sheki two ADP members 
were arrested while collecting signatures and then later released. Low-
level harassment of certain religious groups continued, despite an 
overall improvement in religious liberties (see Section 1.c. ,1.d. , 
and 2.c.).
    In June 1999 a court ruled in favor of a group of Muslim women who 
sued for the right to wear Islamic headscarves in passport photos. In 
September 1999, the Supreme Court overturned the lower court ruling; 
the case remained on appeal in the prosecutor general's office at 
year's end (see Section 2.c.).

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 specifically outlaws press 
censorship; however, the Government in some cases restricts these 
rights in practice. The Government did not take any overt measures to 
reinstitute press censorship, which was abolished in 1998; however, 
actions taken by several prominent government officials, including the 
ongoing series of libel suits resulting in large fines (which would 
immediately bankrupt any independent or opposition newspaper), created 
an atmosphere in which editors and journalists exercise self-
censorship. Most of the excessive fines were appealed; however, in 
those cases in which there were rulings, most appeals were denied. 
Prominent opposition politicians and independent newspapers criticized 
the government without reprisal.
    On February 11, President Aliyev signed a new law on media into 
effect. Although an improvement over the previous law, in many respects 
it falls short of international standards. In particular, one section 
of the law permits the Government to shut down any newspaper that has 
been convicted of a crime (mainly libel) three times within the period 
of one year. During the year, this part of the law was used in an 
attempt to shut down one newspaper, Uch Nogte. The paper continued to 
publish until it won an appeal, which overturned the verdict.
    While the press debated a wide variety of sensitive topics 
throughout the year, other factors restricted the public's ability to 
be informed about and discuss political issues. Editors complain that 
they feel under continuous and growing pressure to moderate criticism 
of the Government and of figures associated with the ruling circle. 
During the year, direct criticism of President Aliyev became less 
frequent. On May 8, Elmar Husseinov found the office to his weekly 
journal, Monitor Weekly (formerly Monitor), sealed by the Baku tax 
inspectorate, allegedly for printing articles critical of Aliyev. Most 
newspapers are printed in the Government's publishing house. The 
Government's near monopoly of publishing facilities and its control 
over the price of newsprint give it leverage over the press, a critical 
matter given the precarious finances of most opposition newspapers. 
Some editors complain about having their print runs limited by the 
state printing press, and many cite the threat of increases in paper 
and printing prices as a constraint on the freedom of the press.
    The spate of lawsuits by prominent government officials against 
opposition or independent media outlets also had a negative effect on 
freedom of the press in practice. Courts invariably ruled in favor of 
the government plaintiffs, while ruling against opposition plaintiffs 
pursuing similar charges against progovernment media outlets in most 
cases. It appears that the extremely high financial penalties levied by 
the courts were designed to repress criticism rather than to foster 
responsible journalism. The provision in the new media law that permits 
the Government to shut down a newspaper after it loses three lawsuits, 
adds a powerful weapon to the Government's arsenal of intimidation. 
Libel suit fines worsened the atmosphere for press freedom. Telescope 
and Alem Newspapers were fined about $1,000 (5 million and 4.5 million 
Manats respectively). Sara Television (which was shut down in the fall 
of 1999 on the grounds that Azerbaijani law prohibits foreign ownership 
of domestic television stations) was fined $55,000 (250 million 
Manats). The Minister of Culture brought suit against Hurriyet 
Newspaper and won a $220 (1 million Manats) fine. There were over 25 
legal actions taken against journalists and media outlets during the 
year, according to the Committee to Protect the Rights of Journalists. 
Media outlets were fined a total of $175,600 (803.5 million Manats). 
These sums are very high, given the country's poor economic situation; 
however, none have been paid. The chairman of Azeravtonagliyyat State 
Concern (a government-run enterprise) claimed his honor and dignity 
were offended and filed a lawsuit against the independent Avropa 
newspaper. During the appeals process, the fines against the newspaper 
were reduced. Avropa was subsequently charged with tax evasion--the 
second of three charges required to shut it down. Media outlets 
credibly claimed publicly and privately that the threat of fines and 
lawsuits forced them to exercise self-censorship.
    Journalists were subject to violence. More than 60 separate 
incidents of harassment or intimidation of journalists were reported 
during the year, according to local sources. Among the incidents 
reported were threatening telephone calls, assaults by unidentified 
persons, beatings by policemen during demonstrations or picketing, and 
attacks on premises and property. For example, in February a mob 
attacked the local headquarters of the opposition newspaper Yeni 
Musavat in the autonomous Nakhchivan Republic. The riot allegedly was 
triggered by an article highly critical of local authorities and 
residents of Nehram, hometown of former Parliament foreign affairs 
committee chairman, Rza Ibadov. Police did not intervene to halt the 
attack. However, several policemen including senior police officials 
responsible for that area, were later fired, and others were suspended 
or reprimanded. Also in February, an independent Sara Television's vice 
president was injured seriously in an assault by an unidentified 
person. Despite promises of rapid action, police did not determine the 
identity of any of the assailants. While the Government denies any 
relationship with the assailants, the incidents involved opposition 
journalists who were warned to stop criticizing government officials or 
policies. In a separate incident in November, a group of women from 
Mastaha village in Nakhchivan entered Yeni Musavat headquarters to 
protest an article that criticized a local official. The women 
subsequently filed a lawsuit against the newspaper claiming its staff 
had assaulted them during the confrontation. Yeni Musavat brought a 
countersuit against the women, to which the courts had responded by 
year's end.
    On April 29, police beat 17 journalists covering an unsanctioned 
opposition demonstration in Baku.
    On August 29 Rauf Arifoglu editor-in-chief of Yeni Musavat, was 
arrested on charges of attempted hijacking, terrorism, and illegal 
possession of arms (see Section 1.d.).
    Media outlets seek powerful patrons and align themselves with 
political parties and government factions to give themselves financial 
and legal protection. Current economic difficulties have contributed to 
the vulnerability of the media as former advertising revenues, 
primarily from foreign companies, have decreased. Most media have 
chosen to sacrifice their editorial independence to survive. However, a 
large number of newspapers continued to publish. One reliable source 
put the number of registered newspapers at 600, and the number actually 
publishing at least once a month at nearly 100. These included 
independent newspapers and newspapers with overt links to major and 
minor opposition parties. Government-run kiosks and 27 independent news 
distributors distributed opposition and independent newspapers. A 
number of editors continued to complain that the government-run kiosks 
refuse to carry their newspapers or claim to have sold all received 
copies while, in fact, retaining many unsold copies in stock.
    The Government tightly controlled official radio and television, 
the source of information for much of the population because newspapers 
too expensive for most persons. Television and radio stations require a 
license to operate, and the Government used this requirement to prevent 
several independent stations from broadcasting. Since 1993 no truly 
independent broadcaster has received a frequency from the State 
Commission on Radio and Television frequencies and the Ministry of 
Communications. There are a limited number of private television 
stations, whose broadcasts can be received only in Baku or in local 
areas outside the capital. Only one of the private stations is not 
directly under the control of a government official, and it is believed 
widely that this station also has compromised its independence. 
Independent radio, preferred by the overwhelming majority of listeners, 
largely is oriented to entertainment, but one independent station 
broadcasts on political topics. Opposition parties had limited access 
to the official electronic media. The Government periodically used 
state television to conduct campaigns of denunciation and harassment 
against political parties and leaders critical of the Government. 
Various talk shows, such as ``Nezer Nugtasi'' and ``NEBZ'' broadcast by 
privately-run, independent television channels, aired views of both 
government and opposition officials. A series of spacebridge shows 
which linked Azerbaijani and Armenian officials to discuss the Nagorno-
Karabakh conflict began in the fall. During the parliamentary election 
campaign in November, local broadcasters aired several western-style, 
political roundtables, which featured representatives from the 
government and opposition discussing various news issues of the day. 
The state television channel provided representatives of each 
participating political party in the election at least one late evening 
addition to time purchased from the independent television stations for 
short campaign slots by party leaders; however, these broadcasts were 
blocked in certain outlying areas of the country.
    On July 14, the Government cut electricity from the independent 
channel ANS for 15 minutes in order to censor an interview with Chechen 
field commander Shamil Basayev. The Government asserted that it 
censored the 15-minute interview because it contained terrorist 
propaganda.
    In late August and early September, the State Television and Radio 
Company, AzTV, conducted a campaign against the Musavat Party and its 
leader, Isa Gambar, following the hijacking by a Musavat party member 
of an Azeri airliner on a flight from Nakhchivan to Baku (see Section 
1.d.). The campaign featured coverage of meetings at collective farms, 
hospitals, clinics, and other state enterprises where the Musavat Party 
was criticized for its alleged complicity with terrorism.
    At year's end, there were eight independent television stations 
operating outside of Baku. Four additional independent stations that 
were closed in 1999 reopened during the year; however, their legal 
status remained unclear. The state commission on radio and television 
frequencies had not granted these stations frequencies by year's end, 
which are required for official registration with the Ministry of 
Justice. Without registration, these stations are subject to closure at 
any time by the local or national authorities.
    In October the Ministry of Communications shut down the privately 
run ABA Television for 10 days, in connection with allegations of tax 
evasion. The investigation was initiated one and a half years ago and 
continued at year's end.
    In November Yeni Musavat, the newspaper of the opposition Musavat 
Party was found guilty of publishing an article insulting the Saatly 
district electoral commission. The court fined the newspaper $200 (1 
million Manats). Yeni Musavat had claimed that the outcome of the 1995 
parliamentary poll in Saatly, in which President Aliyev's brother 
Djalal was elected, was falsified. The suit against the newspaper was 
brought by Ragim Azizov, who was appointed as the Saatly election 
commission chairman only after the 1995 election.
    Three Russian and three Turkish television stations and radio 
programs are rebroadcast locally through Azerbaijani facilities and are 
seen and heard in most parts of the country. Radio free Europe/Radio 
Liberty and the Voice of America broadcast without restriction. There 
are no restrictions on reception of foreign stations via satellite. 
There is one 24-hour French language radio station in Baku and a 
British Broadcasting Company station that offers news programs in 
Russian, English, and Azerbaijani. The Government granted new broadcast 
licenses to a few foreign radio stations, plus several regional 
television stations directly under the control of the local executive 
commission. The Government has not acted for more than a year on the 
applications to broadcast of more than 10 independent broadcasters.
    The Government allowed limited Internet access. There are 5 
Internet service providers and 4 vendors sell accounts. Both providers 
and vendors have formal links with the Ministry of Communications. In 
September the Ministry abruptly shut down one provider for unknown 
reasons. The shutdown allegedly involves the refusal to pay new, higher 
fees for the use of Ministry of Communications telephone lines, but it 
is widely believed that the real issue was the Ministry of 
Communication's desire for a monopoly over this market. The Ministry of 
Communications and certain individuals either in the Ministry or 
closely aligned with it apparently seek to maximize both government and 
personal revenues from this lucrative and growing source of income. 
Internet costs average $.30 (1,400 Manat) per hour (one-tenth the cost 
in 1998). Although few citizens can afford home computers or access 
fees, Internet cafes, which are widespread in Baku and other cities, 
offer affordable internet access. Many persons believe that the 
Government monitors Internet traffic, especially that of foreign 
businesses and opposition intellectuals and leaders (see Section 1.f.).
    Appointments to government-controlled academic positions are 
heavily dependent on political connections. Nevertheless, several 
professors with tenure are active in opposition parties. There were no 
complaints of violation of academic freedom or of censorship of books 
or academic journals.
    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of assembly; however, the Government restricts 
this right on occasion. Authorities frequently prevented political 
parties critical of the Government from conducting indoor meetings as 
well as outdoor gatherings. The Government did allow some opposition 
parties to organize so-called ``pickets'' (demonstrations with less 
than 50 participants) and to stage larger rallies far from the city 
center. Authorities cited security considerations repeatedly to ban any 
larger demonstrations in the center of town throughout the year. During 
the year, authorities cancelled numerous protests and rallies. At 
year's end, the Government held 23 persons who were detained during 
demonstrations which took place in Sheki on November 18.
    The Government detained persons at unauthorized rallies and 
meetings throughout the year, but most were released without charges 
after a brief period of detention. Police forcibly dispersed an 
unsanctioned demonstration on April 29. The Government allowed several 
opposition demonstrations to take place in Baku during the spring and 
summer. For example, Government sanctioned opposition rallies were held 
on August 5 and 12. In August and September, journalists and members of 
NGO's held unsanctioned rallies in Baku to protest the imprisonment of 
opposition newspaper editor Rauf Arifoglu (see Section 1.d.). Police in 
Baku intervened on October 28 to prevent 40 members of the Civil Unity 
Party, which supported former President Ayaz Mutalibov, from holding a 
protest demonstration in the city center. The party's leaders were 
warned earlier not to have the demonstration, which was intended to 
protest the refusal of the authorities to register the party. Several 
would-be demonstrators were beaten and injured. Opposition 
demonstrators were prevented from assembling in downtown Baku on 
November 25, because their rally had not been sanctioned by the local 
authorities. On November 18, demonstrations took place in several 
cities around the country including Baku, where approximately 4,000 
persons gathered to protest the flawed parliamentary elections. Outside 
Baku some rallies drew over 1,000 demonstrators, who protested not only 
the elections but energy shortages in the region. In the regions where 
protesters received permission from local authorities to demonstrate, 
the protests proceeded peacefully. However, protesters without permits 
were dispersed by government authorities, with some arrests in the 
regional capitals. Protests in Agdash and Sheki led to violence, as 
police and demonstrators clashed. There were also protests in the 
regions over the reintroduction of energy cutbacks that had been 
suspended before the elections.
    The Government repeatedly turned down requests for demonstrations 
in support of former Communist leader and President Ayaz Mutallibov, 
who now lives in Russia. Heads of local governments in several 
different sections of the country repeatedly refused the requests of 
opposition Members of Parliament, such as Popular Front first deputy 
chairman of the ``reformers'' faction Ali Kerimov, to hold organized 
meetings with constituents and interested citizens. On several 
occasions, central government authorities intervened to overrule the 
local authorities and allowed Kerimov and other opposition Members of 
Parliament to hold meetings.
    The Constitution provides for freedom of association; however, in 
practice the Government continued to restrict this right on occasion. 
The Government requires political parties to register. There are 
currently 38 registered political parties. Some of these are affiliated 
with or support the President's party. At least 20 registered parties 
are considered opposition parties. In February the Government 
registered the Azerbaijan Democratic Party, which is lead by former 
Parliament speaker Rasul Guliyev. Other unregistered parties have not 
met the legal requirements for registration. Nevertheless, unregistered 
political parties continued to function openly. Members of unregistered 
political parties can run for president but must be sponsored by a 
registered party or an independent ``voters initiative group.'' Members 
of unregistered parties may run for Parliament, but only as 
independents in a direct constituency, not on a party list. A party 
must be registered to run a list of candidates. Members of unregistered 
parties can run in municipal elections only as independents, or as 
nominees of a registered party or another voter initiatives group.
    Credible reports of acts of harassment (including beatings) of 
opposition political figures continued. There were credible reports 
that individuals linked to opposition parties (and their relatives) 
were fired from their jobs. Shahid Abbasov, chairman of the local 
branch of the Musavat Party in Nakhchivan, was abducted on October 19 
and beaten by masked men who demanded that he stop criticizing the 
chairman of Nakhchivan's parliament. The Government has not yet 
returned the Popular Front's headquarters nor many of its regional 
offices, which were seized in 1993.
    Explicitly ethnic or religious based parties have not been 
registered.
    The Government generally allowed private associations to function 
freely. The Ministry of Justice requires private organizations to 
register but does not always grant this registration freely and 
expeditiously. There are credible reports that the Government refuses 
to register many new human rights NGO's. Nevertheless, unregistered 
associations functioned openly. Many of the most active NGO's are 
affiliated with opposition political parties. The President signed a 
new law on ``public associations'' in October.
    c. Freedom of Religion.--The Constitution provides that persons of 
all faiths may choose and practice their religion without restrictions, 
and the Government generally respected these rights for most citizens; 
however, Government authorities continued to harass on occasion foreign 
and Azerbaijani members of nontraditional religious groups. Such 
harassment was less frequent than in the previous years. Until late in 
1999, the Government frequently used clauses in the Law on Religious 
Freedom and other laws to restrict religious activity by foreigners and 
nontraditional religious groups, particularly in the fall of 1999, when 
police and security officials disrupted a number of services, detained 
ministers, and ordered foreigners deported. Although President Aliyev 
has enunciated a clear policy of respect for religious freedom, lower 
level officials continued to attempt to restrict religious activity by 
local nontraditional groups.
    Following a spate of attacks on members of non-traditional 
Christian groups in the summer and fall of 1999, President Aliyev in 
November 1999 announced to the National Security Council, and later in 
a nationwide television broadcast, that the Government henceforth would 
abide by Organization for Security and Cooperation in Europe (OSCE) 
standards of religious liberty. In conformity with his directives, 
government officials subsequently took steps to rectify some past 
violations of these standards, including the registration of a number 
of religious organizations that previously had been denied 
registration, and the reinstatement of selected group members who had 
been fired from their jobs for their religious affiliation. However the 
Religious Affairs Department, the government office charged with 
implementing the country's laws on religion, continued to delay 
selectively the registration of a few groups and to intervene 
selectively in the importation of religious literature.
    The most common restriction on religious freedom results from the 
requirement in the Law on Religion that all religious organizations be 
registered by the Government in order to function legally. In principle 
a group obtains approval from the Department of Religious Affairs and 
then applyies for formal registration with the Ministry of Justice. The 
Government stated that by year's end it had registered 39 Muslim and 
``other'' religious groups. However, in practice, the process suffers 
from a lack of transparency, particularly within the Department of 
Religious Affairs. This office, an independent entity subordinated 
directly to the Council of Ministers, has been a bottleneck in the 
registration process. As a result, several Christian groups still 
experience problems with registration.
    Registration enables a religious organization to maintain a bank 
account, legally rent property, and generally to act as a legal entity. 
Lack of registration makes it harder, but not impossible, for a 
religious group to function. Unregistered groups often continue to 
operate, but participants are subject to arrest, fines, and--for 
foreigners--deportation. Religious groups are permitted to appeal 
registration denials to the courts, but the only group to do so to 
date--the Pentecostal ``Word of Life'' Church--lost its case in May 
1998. In 1998 Human Rights Watch alleged that the officials responsible 
for registration took bribes to facilitate registration. The Catholic 
Church was registered in April 1999. Following the President's public 
commitment, the Government, specifically the Department of Religious 
Affairs, and the Ministry of Justice, took action on several 
applications by religious groups for registration that had been 
languishing, in some cases for years. The Evangelical Cathedral of 
Praise and the Nehemiah were registered in December 1999, as were the 
Jehovah's Witnesses. Prompted by the President's statements, some other 
religious groups that had been operating under continual low-level 
harassment because the Religious Affairs Department earlier had denied 
them registration were finally registered. In March the Community of 
Mountain Jews and the ``Love'' Baptist Community were registered. 
However, a small number of religious groups remain unregistered and 
continue to suffer from low-level government harassment.
    In July police broke up an officially registered Pentecostal church 
service at the home of a member. Worshippers were detained and harassed 
for several hours before being released. The next day, the police 
apologized for their actions; however, the woman owner of the home in 
which the service took place was subjected to harassment by court 
officials who ordered her to stand trial for violating outdated 
administrative codes. The judge dismissed the case as unconstitutional 
and inconsistent with the 1996 law on religious freedom.
    Some government bias against foreign missionary groups persisted. 
There were instances early in the year in which authorities harassed 
groups for disseminating religious materials without all the required 
permits. Since their registration in December 1999, Jehovah's Witnesses 
have been able to hold large gatherings for the first time in 3 years. 
However, on April 1, in what the Jehovah's Witnesses themselves refer 
to as an isolated incident, a meeting of Jehovah's Witnesses was 
dispersed by police who claimed that they lacked permission from the 
mayor's office. The manager of the venue subsequently declined to 
permit them to use it again.
    The Law on Religion subordinates all Islamic religious 
organizations to the Azerbaijan-based spiritual directorate of Caucasus 
Muslims. In June 1999, a court decided in favor of a group of Muslim 
women who sued for the right to wear Islamic head scarves in passport 
photographs. In September 1999, the Supreme Court overturned the lower 
court ruling; the case was on appeal in the Prosecutor General's office 
at year's end (see Section 1.f.).
    The Law on Religion also permits the production and dissemination 
of religious literature with the approval of the Department of 
Religious Affairs and with the agreement of local government 
authorities. The Government interpreted this provision to mean that 
only religious groups can engage in such activity and argues that 
booksellers and other entrepreneurs are forbidden to import and sell 
religious materials. For example, in September customs officials at the 
Azerbaijan-Russian border confiscated a new shipment of religious books 
for the owner of a legally registered bookstore in Baku. Officials 
alleged that the bookseller did not have the right to ``import such 
books into the country.'' Only half of these books were released 
subsequently to the bookseller at year's end.
    There is official concern about ``foreign'' (mostly Iranian and 
``Wahhabist'') Muslim missionary activity, which in part is viewed as 
seeking to spread fundamentalist Islam, which is viewed as a threat to 
stability and civil peace.
    In those portions of Azerbaijan controlled by ethnic Armenians, all 
ethnic Azerbaijanis have fled and those mosques that have not been 
destroyed are not functioning. Animosity toward the Armenian population 
elsewhere in Azerbaijan forced most Armenians to depart, and all 
Armenian churches, many of which were damaged in ethnic riots that took 
place over a decade ago, remain closed (see Section 5). As a 
consequence, the estimated 10,000 to 30,000 Armenians who remain in 
Azerbaijan are unable to attend their traditional places of worship. 
The Jewish community has freedom to worship and conduct educational 
activities and, during the year, enjoyed the public support of the 
Government.
    Places of worship seized by the former Soviet Government during the 
Communist era from the Catholics, the Lutherans, and the Baptists have 
not been returned to those groups.
    Some government officials share the strong popular prejudice 
against ethnic Azerbaijanis who have converted to Christianity and 
other religions (see section 5). For example, an ethnic Azerbaijani was 
subjected to administrative fines by local officials in Baku in July 
1999 for possessing Christian literature, and another ethnic 
Azerbaijani reported that he was arrested, beaten, and imprisoned in 
August 1999 for changing his religious affiliation and becoming a 
member of Jehovah's Witnesses. No such incidents have been reported 
since the President's decree in October 1999.
    d. Freedom of Movement within the Country, Foreign Travel, 
Emigration, and Repatriation.--The Constitution provides for the right 
of citizens to choose freely their place of domicile and to travel 
abroad and return, and the Government generally respects these 
provisions; however, at times the Government restricted freedom of 
movement. At times it limited the movement of members of opposition 
parties. The internal residence regime (``propiska'') still is imposed 
on internally displaced persons, who are required to register their 
location with the authorities, and may reside only in approved 
locations. Residents of border areas in both Azerbaijan and Iran travel 
across the border in this restricted zone without visas. Foreigners and 
citizens require a visa to travel to the Autonomous Republic of 
Nakhchivan.
    The Government officially recognizes freedom of emigration. Jewish 
emigration to Israel and other countries is not restricted by the 
Government. The remaining Armenian population in Azerbaijan (other than 
Armenians residing in the Nagorno-Karabakh region of Azerbaijan) is 
approximately 10,000 to 30,000, almost exclusively persons of mixed 
descent or in mixed marriages. While official government policy is that 
ethnic Armenians are free to travel, low-level officials seeking bribes 
harassed Azerbaijani citizens of Armenian origin who sought to emigrate 
or obtain passports.
    There were no draft notifications that restricted movement during 
the year. Draft-age men must obtain documents from military officials 
before they can leave for international travel. Travel restrictions 
sometimes are placed on military personnel, or persons possessing 
sensitive national security information.
    The number of refugees and internally displaced persons (IDP's) 
from the Nagorno-Karabakh conflict is approximately 800,000; 200,000 of 
these are refugees and over 600,000 are IDP's. Armenians have settled 
in parts of the occupied territories. However, Armenians have not 
allowed the hundreds of thousands of Azerbaijanis who were forced out 
of the now-occupied territories to return to their homes. The 
Government provides little assistance to these persons, and 
international support to the refugees is declining. Most of these IDP's 
continue to live in camps and other temporary shelters, at below-
subsistence levels, without adequate food, housing, education, 
sanitation, or medical care. The parties to the conflict have cut 
normal trade and transportation links to the other side, causing severe 
hardship to civilians on all sides.
    The Constitution provides for political asylum consistent with 
international norms. The Government depends on international assistance 
for refugees and IDP's. It cooperates with international organizations 
to provide aid for them. The Government cooperates with the office of 
the United Nations High Commissioner for Refugees (UNHCR) and other 
humanitarian organizations in assisting refugees. These organizations 
report full and unrestricted access to the refugee population.
    The Government provides a minimal allowance to the IDP's themselves 
in the form of a bread allowance of $4 (18,000 Manats) per month per 
family as well as an additional $2 (9,000 Manats) per month for each 
child. Many of the IDP's complain of ``processing fees'' by local 
officials in the amount of approximately 10 percent, further reducing 
their already minimal allowances.
    The issue of the provision of first asylum did not arise. In May 
1999, the Parliament passed a new law on refugees; however, this has 
not yet been implemented. There are no procedures for granting first 
asylum. 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
    The Constitution and election law allow citizens to change their 
government by peaceful means; however, the Government continues to 
restrict citizens' ability to change their government peacefully by 
interfering in elections. Azerbaijan is a republic with a strong 
presidency, and a legislature that the Constitution describes as 
independent. However, in practice the legislature's independence from 
the executive is marginal. The Parliament exercises little legislative 
initiative independent of the executive. Opposition parties continued 
to be active inside and outside the Parliament, agitating for their 
views in their newspapers and through public statements. As a result of 
the flawed November parliamentary elections, the New Azerbaijan Party 
led by President Aliyev, held the overwhelming majority of seats in the 
125-member Parliament (71 seats plus 25 seats belonging to nominally 
independent parties loyal to the president). Opposition members held 16 
seats in the newly elected parliament at year's end, according to 
official results. However, opposition members temporarily boycotted 
parliamentary sessions to protest election results and called for new 
nationwide elections. In response to international criticism, the 
authorities voided results in 11 disputed districts and announced 
repeat elections would take place in those districts in January 2001.
    The Government, with assistance from the OSCE's Office of 
Democratic Institutions and Human Rights, (ODIHR) drafted new 
legislation for the Central Election Commission (CEC), in advance of 
the parliamentary elections, which included a provision to provide a 
veto for opposition members on the CEc. The Government also drafted and 
passed a new election law incorporating most OSCE/ODIHR recommendations 
for reform into the final text. The omission of several important 
recommendations, however, sparked a temporary boycott by the opposition 
in the CEc. Shortcomings of the law included: signature requirements 
and verification procedures for candidates; absence of provisions for 
domestic non-partisan observers; and a lack of transparency of the vote 
tabulation procedures at the territorial election commission (TEC) 
level. In response to the boycott, the Government revoked the 
opposition's power to veto CEC decisions. Opposition members later 
resumed participation in the CEc.
    The November parliamentary elections showed some improvement over 
previous elections since 1993 in that political pluralism was advanced, 
but they did not meet international standards due to numerous serious 
irregularities. During the preelection period, parties and candidates 
had better opportunities to conduct campaigns. Opposition parties were 
represented on election commissions at all levels; however, opposition 
representatives were marginalized or bypassed from the decision making 
process on sensitive issues by the CEC majority. On several occasions 
the CEC adopted critical decisions outside official sessions and 
without the approval of the required two-thirds majority. The Central 
Election Commission originally disqualified the Musavat Party and the 
Azerbaijan Democratic Party claiming that their registration documents 
were falsified. However, on October 8, following international 
criticism and a letter from President Aliyev, the CEC reversed its 
initial ruling and issued a statement consenting to the registration of 
slates of candidates from eight opposition political groups, including 
these two opposition parties. All political parties that sought to 
actively contest the election were able to register for the 
proportional ballot, in which 25 out of 125 Members of Parliament were 
elected. In the single-mandate elections, in which 100 of 125 Members 
of Parliament were elected, half of the prospective candidates were 
disqualified from registering, and the appeals process was flawed. 
Individual candidates were harassed, and some were beaten up or 
detained. Potential candidates reported that individuals who signed 
their petitions were asked to remove their names by police.
    International observers reported that election day was marred by 
numerous instances of serious irregularities. These observed 
irregularities led to serious doubts about the accuracy of the 
officially recorded vote totals. Observers reported ballot stuffing, 
manipulated turnout results, and premarked ballots. The Party observers 
frequently suffered intimidation, harassment, and sometimes arrest, 
while carrying out their legitimate activities. Unauthorized local 
officials often controlled the process and sought to influence voters. 
In several instances, international observers were denied access to 
polling stations and frequently were expelled from election commission 
premises. Observers from domestic NGO's and several opposition parties 
participated on election day. In a reversal of earlier practice, an 
October law on non-governmental organizations banned election 
monitoring by representatives of NGO's that received more then 30 
percent of their budget from foreign sources. This appeared targeted at 
preventing For The Sake of Civil Society, the only NGO capable of 
mounting a nation wide monitoring effort from doing so. Main opposition 
parties told international observers and journalists that their 
monitors reported widespread procedural violations and called for 
repeat nationwide elections. On November 7, the CEC announced that it 
would investigate and take immediate measures concerning all cases of 
violation of law and other shortcomings observed by the international 
and local observers on election day. At year's end, repeat elections 
were scheduled to occur in eleven districts.
    The 1998 presidential election was an improvement over the previous 
elections, especially in regard to reduced multiple voting and the 
presence of domestic observers. However, some domestic and 
international observers witnessed ballot stuffing and irregularities in 
vote counting, and some were barred from observing the vote counting. 
Neither domestic nor international observers were allowed to monitor 
the compilation of the national vote totals. Precinct vote totals were 
never reported. The observed irregularities and lack of transparency in 
vote counting led to serious doubts about the accuracy of the 76 
percent of the vote officially recorded for president Aliyev. In August 
1999, newspapers quoted the chairman of the CEC as admitting that 
Aliyev's vote total was overstated by 12 to 15 percent. International 
observers, including the OSCE/ODIHR, concluded that the election did 
not meet international standards.
    The 1995 Constitution required that the country's first ever 
municipal elections be held by November 1997. However, the elections 
were delayed repeatedly until December 1999. The municipal election 
process was deeply flawed and were criticized heavily by observers, 
including the Council of Europe, which noted numerous instances of 
ballotbox- stuffing, voter intimidation, and other violations. The 
legislation governing the elections reflected some recommendations of 
international observers, but several serious problems were not 
remedied. The process of selecting territorial and precinct electoral 
commissions to oversee the municipal elections and the process for 
registering candidates were marred by widespread irregularities 
favoring the ruling party.
    There are no legal restrictions on women's participation in 
politics; however, they are underrepresented in elective offices, since 
traditional social norms restrict women's roles in politics. The 
practice known of family voting, where men often cast the votes of 
their wives and other female members of their families exists but is 
declining in the country. There are 11 female Members of Parliament and 
2 women with ministerial rank.
    There are no restrictions on the participation of minorities in 
politics as individuals; however, explicitly ethnically or religiously 
based parties have not been registered. Members of indigenous ethnic 
minorities occupy some senior government positions.

Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    Several human rights organizations monitor the human rights 
situation in the country. For the most part, the Government posed no 
obstacles to the presence of international human rights groups. Some of 
these groups investigate human rights abuses and disseminate their 
findings through the media. However, the Government has been critical 
of certain domestic human rights activists who have raised politically 
sensitive issues.
    The Government has demonstrated some willingness to discuss human 
rights problems with international and domestic NGO's. The ICRC has had 
access to prisoners of war as well as civilians held in relation to the 
conflict over Nagorno-Karabakh. In June the ICRC began its first visits 
to special security and other prisons (see Section 1.c.).
    Government officials occasionally criticize human rights activists. 
The Government registered the Azerbaijan Human Rights Center (AHRC) in 
November 1999 and until the summer of 2000; Eldar Zeynalov, Chairman of 
the AHRC, was routinely granted access to prisons. No official reason 
has been given for the recent denial of access. The center operates 
normally, and Zeynalov continues to publish articles regularly about 
the human rights situation in the country including lists of 
individuals he believes to be political prisoners, and he has faced no 
legal action. Zeynalov opened a new chapter of the organization in the 
western part of the country in August. At year's end the Government 
sharply criticized several human rights activists for allegedly 
providing inaccurate lists of political prisoners to visiting Council 
of Europe parliamentarians.
    The Ministry of Justice regularly denies registration to human 
rights NGO's, some of which are linked to opposition political parties, 
although it has not tried to halt their activities. Registration 
enables a human rights organization to maintain a bank account legally, 
rent property, and generally to act as a legal entity. Lack of 
registration makes it harder, but not impossible, for a human rights 
group to function.
    The ICRC conducted education programs on international humanitarian 
law for officials of the Ministries of Interior and Defense, and for 
university and secondary school students.
    In August 1999, the Government created the Commission on Human 
Rights, funded by a $400,000 U.N. Development Program (UNDP) grant, 
which is headed by Justice Minister Fikret Mammedov. The Commission has 
not yet taken any significant actions. The Ministry of Justice also in 
August established a new human rights office within the ministry, but 
by year's end had not defined its agenda.
    A foreign NGO representative working on democracy promotion was 
murdered on November 30 in Baku. Local officials are cooperating with 
International law enforcement officials on the ongoing investigation.

Section 5. Discrimination Based on Race, Sex, Religion, Disability, 
        Language, or Social Status
    The Constitution provides for equal rights without respect to 
gender, race, nationality or national origin, religion, language, 
social status, or membership in political parties, trade unions, or 
other public organizations; however, in the wake of the Nagorno-
Karabakh conflict, there is widespread anti-Armenian sentiment in 
society. Preventing discrimination is not a major Government priority.
    Women.--Discussion of violence against women is a taboo subject in 
Azerbaijan's patriarchal society, but it remains a problem. In rural 
areas, women have no real recourse against violence by their husbands, 
regardless of the law. Rape is severely punished, but, especially in 
rural areas, only a small fraction of offenses against women are 
reported or prosecuted. According to official statistics, there were 44 
reported rapes during the year; the Society for the Defense of Women's 
Rights (SDWR) claims that rape is on the increase and that the official 
number is underreported, especially from conservative rural areas. 
There are no government sponsored or funded programs for victims of 
violence. There are no specific laws concerning spousal abuse or 
spousal rape.
    Prostitution is a significant problem, particularly in the capital 
city of Baku. Most women become prostitutes in order to support their 
family members, and sometimes it even is encouraged by the family due 
to the large amount of money to be made. In February 1999, the Society 
for the Defense of Women's Rights (SDWR) held a conference to highlight 
concerns over the growing incidents of prostitution and sexually 
transmitted diseases. At the conference, it was reported that there are 
more than 30 illegal houses of prostitution in Baku alone, the majority 
of which are allegedly run by high-ranking officials in government and 
frequented by members of the prosecutor's office and the police. Women 
engaged in prostitution are not liable to criminal charges since 
prostitution is considered a personal matter.
    Pornography is prohibited, and the age of sexual consent is 16.
    Trafficking in women is a problem, and the country is a source and 
transit point for trafficked women (see Section 6.f.).
    Women nominally enjoy the same legal rights as men, including the 
right to participate in all aspects of economic and social life; 
however, societal discrimination is a problem. In general women have 
extensive opportunities for education and work. However, traditional 
social norms continue to restrict women's roles in the economy. 
Representation of women is sharply lower in higher levels of the work 
force. There are few women in executive positions in leading economic 
enterprises.
    Twenty-four women's NGO's are registered, compared with 18 in 1999. 
The Society for the Defense of Women's Rights (SDWR) spends most of its 
time fighting unique post-Soviet problems. It has helped divorced 
women, widows, and wives whose husbands are in prison, all of whom have 
become socially and legally vulnerable since the fall of the Soviet 
Union. It assisted widows whose landlords privatized their apartments 
and then evicted them. The SWDR also worked with divorced women who 
feel that they have been treated unfairly by divorce courts. Several of 
the 24 women's NGO's deal with the problems of prostitution and 
trafficking in women(see Section 6.f.).
    Children.--The Constitution and laws commit the Government to 
protect the rights of children to education and health; however, 
difficult economic circumstances limit the government's ability to 
carry out these commitments. Education is compulsory, free, and 
universal until the age of 17. The Constitution places children's 
rights on the same footing as those of adults. The Criminal Code 
prescribes severe penalties for crimes against children. The Government 
provides minimum standards of health care for children, although the 
quality of medical care overall is very low. The Government has 
authorized subsidies for children in an attempt to shield families 
against economic hardship in the wake of price liberalization, but 
these subsidies do not come close to covering the shortfall in family 
budgets. There are a large number of refugee and displaced children 
living in substandard conditions in refugee camps and public buildings. 
Children sometimes beg on the streets of Baku and other towns.
    There is no known societal pattern of abuse of children.
    People with Disabilities.--The Law on Support for the Disabled, 
enacted in 1993, prescribes priority for invalids and the disabled in 
obtaining housing, as well as discounts for public transport, and 
pension supplements. The Government does not have the means to fulfill 
its commitments. There are no special provisions in the law mandating 
accessibility to buildings for the disabled.
    Religious Minorities.--There is considerable popular concern about 
the conversion of ethnic Azerbaijanis to faiths considered alien to 
Azerbaijani traditions. Proselytizing by foreigners is against the law; 
however it does occur and there is widespread popular hostility towards 
groups that proselytize (largely evangelical Christians, but also 
Muslim missionary groups), and toward Muslims who convert to other 
faiths. Opposition to proselytizing within the population thus far has 
been limited to verbal criticism and appears focused against two 
groups. The first consists of evangelical Christian and so-called 
``nontraditional'' religious groups. There is some evidence of 
widespread prejudice against ethnic Azerbaijanis who have converted to 
Christianity. During the year, articles periodically appeared in pro-
government and independent newspapers and electronic media crudely 
depicting Christian missionary groups as a threat to the identity of 
the nation. The perceived threat from such groups is primarily cultural 
rather than religious. Often these articles attempt to associate 
evangelists with the foreign intelligence agencies, portraying them as 
part of a plot to undermine or control Muslim Azerbaijan.
    Occasionally popular reaction goes beyond verbal criticism. In 
August 1999, a crowd of Muslims reportedly broke into a Baptist summer 
camp in Nardaran, threatening inhabitants and causing significant 
property damage. Police made no attempt to intervene and said that they 
found no evidence of the incident.
    There has been significant improvement for the Jehovah's Witnesses 
this year. Since their registration in December 1999, church members 
have been able to conduct prayer services freely and proselytize with 
minimal interference by the authorities. In September 1999, several 
members of Jehovah's Witnesses reportedly were subjected to humiliation 
and degradation when a factory manager assembled the plant's work force 
and berated the members of Jehovah's Witnesses for betraying their 
country by adopting a new religion. During the event, the father of one 
of the members of Jehovah's Witnesses publicly disowned her for 
adopting the new religion. In November 1999, the factory reinstated the 
members with full back pay (see Section 2.c.).
    There is societal hostility toward Muslim groups, mostly from Iran, 
which seek to spread political Islam. Newspaper articles appear 
periodically depicting certain foreign-backed Muslim missionaries as a 
threat to stability and civil peace, and in some cases, as part of an 
Iranian strategy to destabilize and ultimately establish control over 
the country.
    Reflecting the intense popular hostility toward Armenians that 
prevails in the country and the forced departure of most of the 
Armenian population, all Armenian churches, many of them damaged in 
ethnic riots which took place over a decade ago, remain closed. As a 
consequence, ethnic Armenians who remain in Azerbaijan, estimated to 
number between 10,000 and 30,000, are deprived of an opportunity for 
public worship. A similar situation exists in the Armenian-controlled 
portions of Azerbaijan, from which the Armenians forced approximately 
800,000 ethnic Azerbaijanis to flee their homes and where those mosques 
that have not been destroyed are not functioning.
    Jews generally do not suffer from societal discrimination; however, 
according to the Union of Councils for Soviet Jews, two Baku synagogues 
were desecrated in the fall of 1998. No arrests have been made.
    National/Racial/Ethnic Minorities.--The outbreak of hostilities, 
anti-Armenian riots, and economic collapse in the final years of the 
Soviet union led to the expulsion of almost all Armenians and the 
departure of Russians and others. An estimated 10,000 to 30,000 
Armenians still live in Azerbaijan, mostly women with ethnic 
Azerbaijani or Russian husbands. Most seek to shield their national 
identity. Some have changed their nationality, as reported in their 
passports, to Azerbaijani. With the nearly complete departure of the 
Armenian population, the number of problems reported by this ethnic 
minority has decreased. Armenians have complained of discrimination in 
employment and harassment at schools and workplaces and of the refusal 
of local government authorities to pay pensions. Armenian widows have 
had permits to live in Baku revoked. However, some persons of mixed 
Armenian-Azerbaijani descent continue to occupy government positions.
    Indigenous ethnic minorities, such as the Talysh, Lezghis, Avars, 
and Georgians, do not suffer discrimination. However, Meskhetian Turks 
displaced from Central Asia, as well as Kurdish displaced persons from 
the Armenian-occupied Lachin region, complain of discrimination.
    In the area of the country controlled by insurgent (Armenian) 
forces, the Armenians forced approximately 800,000 ethnic Azerbaijanis 
to flee their homes. The regime that now controls these areas 
effectively has banned them from all spheres of civil, political, and 
economic life.

Section 6. Worker Rights
    a. The Right of Association.--The Constitution provides for freedom 
of association, including the right to form labor unions; however, one 
or another sub-branch of the government-run Azerbaijani Labor 
Federation organizes most industrial and white-collar workers. The 
overwhelming majority of labor unions still operate as they did under 
the Soviet system and remain tightly linked to the Government. Most 
major industries remain state-owned.
    An independent Union of Oil Workers that was displaced by a pro-
government union in 1997 has not been revived. In 1997 the State Oil 
Company (SOCAR) formed a pro-government union, the Azerbaijan Union of 
Oil and Gas Industry Workers, which took over the former Independent 
Oil Workers Union without a vote of the union membership. It continues 
to operate without a vote of its rank and file workers. An independent 
group of oil workers, the Committee to Defend the Rights of Azerbaijani 
Oil Workers, operates outside of established trade union structures and 
promotes the interests of workers in the petroleum sector.
    The Constitution provides for the right to strike, and there are no 
legal restrictions on strikes or provisions for retribution against 
strikers.
    The Azerbaijan Trade Union Confederation (ATUC) has 1.5 million 
members, of which approximately 800,000 are active members. The 
Government-run Azerbaijan Labor Federation has 300,000 members. Trade 
unions are prohibited by law from engaging in political activity (even 
though, as individuals, members of trade unions can participate in 
political activities).
    Unions are free to form federations and to affiliate with 
international bodies; in November the ATUC became a member of the 
International Confederation of Trade Unions.
    b. The Right to Organize and Bargain Collectively.--A 1996 law 
provides for collective bargaining agreements to set wages in state 
enterprises. A labor inspectorate was established in 1997. However, 
these laws have not produced an effective system of collective 
bargaining between unions and enterprise management. Government-
appointed boards and directors run the major enterprises and set wages. 
Unions effectively do not participate in determining wage levels. In a 
carryover from the Soviet system, both management and workers are 
considered members of the professional unions.
    There are no export processing zones.
    c. Prohibition of Forced or Compulsory Labor.--The Constitution 
allows forced or compulsory labor only under states of emergency or 
martial law or as the result of a court decision affecting a condemned 
person, and the government has not invoked this clause; however, women 
are trafficked for the purpose of forced prostitution (see Section 
6.f.). Two departments in the General Prosecutor's office (the 
Department of Implementation of the Labor Code and the Department for 
Enforcement of the Law on Minors) enforce the prohibition on forced or 
compulsory labor. There are no constitutional provisions or laws 
specifically prohibiting forced and bonded labor by children; however, 
such practices are not known to occur. There were no reports during the 
year of compulsory cotton picking by children or adults.
    d. Status of Child Labor Practices and Minimum Age for 
Employment.--The minimum age for employment is 16 years. Primary school 
education is compulsory, free, and universal. Children are normally in 
school until the age of 17. The law allows children between the ages of 
14 and 15 to work with the consent of their parents and limits the 
workweek of children between the ages of 14 and 16 to 24 hours per 
week. Children at the age of 15 may work if the workplace's labor union 
does not object. There is no explicit restriction on the kinds of labor 
that 15-year-old children may perform with union consent. The Labor and 
Social Security Ministry has primary enforcement responsibility for 
child labor laws. With high adult unemployment, there have been few, if 
any, complaints of abuses of child labor laws. The law does not 
prohibit specifically forced and bonded labor by children; however, 
such practices are not known to occur (see Section 6.c.).
    e. Acceptable Conditions of Work.--The Government sets the 
nationwide administrative minimum wage by decree. It is $3.00 (12,500 
manats) per month. This wage is not sufficient to provide a decent 
standard of living for a worker and family. The recommended monthly 
wage level to meet basic subsistence needs was estimated to be $50 
(215,000 manats) per person. Since practically all persons who work 
earn more than the minimum wage, enforcing its low level is not a major 
issue in labor or political debate.
    The disruption of economic links with the rest of the former Soviet 
Union continues to affect employment in many industries. Idle factory 
workers typically receive less than half of their former wage. Under 
these conditions, many workers rely on the safety net of the extended 
family. More workers and unemployed persons turn to second jobs and 
makeshift employment in the informal sector, such as operating the 
family car as a taxi, selling produce from private gardens, or 
operating small roadside shops. Until the Russian financial crisis many 
persons (estimates range from between 1 to 2 million) supported 
themselves on remittances from relatives working in Russia, primarily 
as street traders. This source of support was reduced severely during 
1999 and has not rebounded, although reliable statistics as to the 
precise amounts involved are not available. Combinations of these and 
other strategies are the only way for broad sectors of the urban 
population to reach a subsistence income level.
    The legal workweek is 40 hours. There is a 1-hour lunch break per 
day and shorter breaks in the morning and afternoon. The Government 
attempts to enforce this law in the formal sector, but does not enforce 
these rules in the informal sector where the majority of citizens work.
    Health and safety standards exist, but usually they are ignored in 
the workplace. Workers cannot leave dangerous work conditions without 
fear of losing their jobs.
    f. Trafficking in Persons.--Azerbaijan is a source and a transit 
point for trafficked men, women, and children. Azerbaijanis themselves 
are trafficked into northern Europe, particularly to the Netherlands 
and Germany, where many unsuccessfully sought asylum. Women usually are 
sent to the United Arab Emirates (UAE) or Western Europe, mainly 
Germany, to participate as workers in the sex industry (for example, in 
strip clubs) and as prostitutes. Women from Iran, Russia, and sometimes 
Iraq, are transported through Baku to the UAE, Europe, and occasionally 
the United States for the same purposes. Under the new criminal code, 
the act of forcing an individual into prostitution carries a 10 to 15 
year jail term, which is a harsher sentence than the previous code.
    A locally based international organization currently is promoting 
an awareness campaign about the exploitation of women. Several of the 
country's women's NGO's claim to deal with the problems of trafficking 
in women and prostitution. There is no mechanism to return trafficked 
women to Azerbaijan and no support services for female victims of 
trafficking.
                               __________

                                BELARUS

    Belarus has a form of governance in which nearly all power is 
concentrated in the hands of the President and a small circle of 
advisors. Since his election in July 1994 to a 5-year term as the 
country's first President, Alexsandr Lukashenko has consolidated power 
steadily in the executive branch through authoritarian means. He used a 
November 1996 referendum to amend the 1994 Constitution in order to 
broaden his powers and extend his term in office. Lukashenko ignored 
the then-Constitutional Court's ruling that the Constitution could not 
be amended by referendum. As a result, the current political system is 
based on the 1996 Constitution, which was adopted in an 
unconstitutional manner. Most members of the international community 
criticized the flawed referendum and do not recognize the legitimacy of 
the 1996 Constitution, legislature, or Alexsandr Lukashenko's 
continuation in office beyond the legal expiration of his term in July 
1999. Parliamentary elections were held in October, the first since the 
1996 referendum. The Organization for Security and Cooperation in 
Europe (OSCE)/Office of Democratic Institution and Human Rights (ODIHR) 
concluded that the elections fell short of international standards and 
were neither free nor fair. Although the amended Constitution provides 
for a formal separation of powers, the President dominates all other 
branches of Government. The legislature that ended its work in November 
2000 was not elected directly, but was created out of the remnants of 
the former Parliament, which Lukashenko disbanded soon after the 1996 
referendum. The Constitution limits the legislature to meeting twice 
per year for no more than a total of 170 days. Presidential decrees 
made when the legislature is out of session have the force of law, 
except--in theory--in those cases restricted by the 1996 Constitution. 
The 1996 Constitution also allows the President to issue decrees having 
the force of law in circumstances of ``specific necessity and 
urgency,'' a provision that Lukashenko has interpreted broadly. The 
judiciary is not independent.
    Law enforcement and internal security responsibilities are shared 
by the Committee for State Security (KGB) and the Ministry of Internal 
Affairs (MVD), both of which answer directly to the President. Civilian 
authorities do not maintain effective control of the security forces. 
Under Lukashenko's direction, the presidential guard--initially created 
to protect senior officials--continued to act against the Lukashenko's 
political enemies with no judicial or legislative oversight. On May 25, 
1999, the Law on the State Guard officially entered into force. The 
law, which had been operative on a de facto basis for a number of 
years, gives the President the right to subordinate all security bodies 
to his personal command. Members of the security forces have committed 
numerous human rights abuses.
    The country's political leadership opposes any significant economic 
reforms and remains committed ideologically to a planned economy. The 
authorities claimed that the gross domestic product (GDP) grew by 6 
percent, but most independent analysts doubted that figure and said 
that any growth that has occurred was the result of ``aggregate 
production'' fueled by continued massive credits to the debt-ridden 
state sector. Officials claimed that per capita GDP remained constant 
at approximately $1,400, but in real terms it was much lower. The 
majority of workers are employed in the state industrial and 
agricultural sectors, where wages are lower than the national average 
and wage arrears are chronic. Although the unreliability of official 
statistics makes it difficult to assess accurately economic conditions, 
living standards for many segments of society continued to decline. 
Authorities reported that average monthly wages were just over $70 a 
month by year-end, although independent analysts reported the figure 
was lower. Residents of small towns and rural areas, where incomes are 
particularly low, sustain themselves through unreported economic 
activity and small gardens.
    The Government's human rights record was very poor and worsened 
significantly in many areas. The authorities severely limit the right 
of citizens to change their government, and Lukashenko took severe 
measures to neutralize political opponents. The authorities did not 
undertake serious efforts to account for the disappearances that 
occurred in the previous year of well-known opposition political 
figures. Security forces continued to beat political opponents and 
detainees. There were reports of severe hazing in the military during 
the year. Prison conditions remained poor. Security forces arbitrarily 
arrested and detained citizens, and the number of apparently 
politically motivated arrests increased, although many of those 
arrested soon were released. Prolonged detention and delays in trials 
were common and also occurred in a number of politically sensitive 
cases. The security services infringed on citizens' privacy rights and 
monitored closely the activities of opposition politicians and other 
segments of the population. Severe restrictions on freedom of speech, 
the press, and peaceful assembly continued, and the authorities did not 
respect freedom of association. The authorities continued to impose 
limits on freedom of religion and restricted freedom of movement. 
Government security agents monitored closely human rights monitors and 
hindered their efforts. Domestic violence and discrimination against 
women remained significant problems. Pressures against the Roman 
Catholic and Protestant churches as well as societal anti-Semitism 
persist. Authorities continued to harshly restrict workers' rights to 
associate freely, organize, and bargain. Trafficking in women is a 
problem.

                        RESPECT FOR HUMAN RIGHTS
						
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Political and Extrajudicial Killing.--here were no reports of 
political or other extrajudicial killings.
    There were several cases of opposition figures who disappeared in 
recent years (see Section 1.b.). The opponents of the regime have been 
missing for such a long period of time, with no credible effort on the 
part of the Government to account for their whereabouts. Human rights 
monitors believe that they have been killed for their involvement in 
political activities.
    b. Disappearance.--There have been several cases of opposition 
figures who disappeared in recent years.
    On July 7, Dimitry Zavadsky, a cameraman for the Russian television 
network ORT, disappeared at the Minsk National Airport while waiting 
for Pavel Sheremet, another ORT journalist, to arrive from Moscow. When 
Sheremet arrived at the airport, Zavadsky was missing, but his car was 
found locked in the airport parking area. In 1997 Zavadsky and Sheremet 
were arrested by Belarusian authorities for crossing the Belarusian-
Lithuanian border illegally while filming a documentary critical of the 
Lukashenko regime. In a politically motivated trial, Sheremet and 
Zavadsky were given 2-year and 18-month suspended sentences, 
respectively. Authorities accused the opposition of organizing 
Zavadsky's disappearance, calling it a provocation, and later 
threatened Sheremet with potential charges of slander for an interview, 
published in the independent press, in which Sheremet blamed Lukashenko 
and security services for Zavadsky's disappearance. A criminal 
investigation of the disappearance was opened, but no progress had been 
reported by year's end (see Section 2.a.). In November ORT Journalist 
Pavel Sheremet reported that several current and former police 
officers, including members of the elite Almaz Unit of the Ministry of 
Interior, have been arrested as suspects in the Zavadsky case. The 
authorities have not confirmed that those arrested are suspects in the 
Zavadsky case, nor have they confirmed their identities. Lukashenko 
fired the head of the KGB and the Prosecutor General following the 
release of a letter, reportedly written by a KGB officer, alleging that 
Zavadsky was killed by a group of former and current security service 
officers. The letter also alleged that senior authorities prevented 
investigators from fully examining the case. Lukashenko claimed that 
the letter was a fabrication and promised to renew the investigations 
into the disappearances; however, no further progress was made at 
year's end.
    On May 7, 1999, former Minister of Internal Affairs Yury Zakharenko 
disappeared shortly after he told his family in a telephone 
conversation that he was on his way home. Zakharenko, a close associate 
of the then-detained former Prime Minister Mikhail Chigir, disappeared 
after voting began in an opposition presidential election initiative, 
in which Chigir was one of the principal candidates. An investigation 
began 6 months later, and there is still no evidence that the 
authorities have taken concrete steps to resolve the case. The 
Government also failed to present any information on the investigation 
despite a request from the U.N. Working Group on Involuntary 
Disappearances. The authorities also have harassed and hindered the 
investigations of Zakharenko's disappearance by independent 
nongovernmental organizations (NGO's). In December Zakharenko's wife 
and children received political asylum in a Western European country, 
where they had been residing since August, after accusing Lukashenko of 
direct involvement in Zakharenko's disappearance.
    On September 16, 1999, following a meeting earlier during that day 
broadcast on state television in which Lukashenko ordered the chiefs of 
his security services to crack down on ``opposition scum,'' 13th 
Supreme Soviet Deputy Chairman Viktor Gonchar disappeared, along with 
his local business associate Anatoliy Krasovsky. A high profile 
antigovernment politician, Gonchar was considered an active fundraiser 
for the opposition. Shortly before his disappearance, Gonchar 
telephoned his wife to inform her that he was on his way home. Broken 
glass and blood were discovered later at the site where relatives and 
friends of the men believe the vehicle in which the two were travelling 
may have been stopped. As with the disappearance of Zakharenko, there 
is no evidence of progress by official investigators to resolve these 
cases.
    In June Interpol officially notified Belarusian law enforcement 
agencies that former national bank Chairwoman Tamara Vinnikova, who 
disappeared in April 1999 from an apartment where she had been under 
house arrest since 1997, was located in a Western European country. 
Vinnikova reported in several interviews with the press that she went 
into hiding to escape suspected conspiracies against her life.
    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The 1996 Constitution provides for the inviolability of 
the person and specifically prohibits torture, as well as cruel, 
inhuman or degrading treatment; however, police and prison guards beat 
detainees and prisoners. Law enforcement and prison officials may use 
physical force against detainees and prisoners only if the latter are 
violent, have refused to obey the instructions of the prison 
administration, or have violated ``maliciously'' the terms of their 
sentences. However, human rights monitors have credibly reported that 
investigators coerce confessions through beatings and psychological 
pressure. Although such behavior is against the law, the authorities 
seldom, if ever, punishes those who commit such abuses. Guards use 
force against detainees to coerce confessions as well as during routine 
activities. Police also beat demonstrators (see Sections 1.d. and 
2.b.). On November 20, the U.N. Committee Against Torture issued 
conclusions and recommendations on the third periodic report on the 
country. The Committee cited concern over the deterioration in the 
human rights situation and noted numerous continuing allegations of 
torture and inhuman treatment or punishment committed by state 
officials or with their acquiescence. These violations appeared to have 
been committed against political opponents of the regime and peaceful 
demonstrators.
    On January 14, Oleg Volchek, a human rights monitor and chairman of 
a nongovernmental commission investigating the disappearance of former 
Internal Affairs Minister Yury Zakharenko, filed a complaint with the 
Minsk city prosecutor after a lower court refused to bring criminal 
charges against police who beat him following his arrest on July 21, 
1999. Volchek was so severely beaten that he was treated for the 
injuries he sustained. The police, who denied involvement in the 
beating, claimed that Volcheck attacked them and sustained his injuries 
when he fell and hit his head on a table. Volchek's attorney and other 
human rights monitors believe that the authorities attempted to cover 
up the beating. Volchek's appeal to the Minsk City Court also later was 
denied.
    On March 1, opposition activists Tsimafey Dranchuk, Leanid 
Malakhaw, and Filip Klikushyn were arrested for demonstrating in front 
of the Presidential Administration Building and, on March 3, were 
sentenced to 5 days imprisonment. While being transported from the 
courthouse to a detention facility, 18-year-old Dranchuk was beaten by 
militia officials which resulted in serious head injuries. On March 5, 
he was taken to a Minsk clinic, where his injuries were diagnosed as 
severe by doctors. Malakhaw and Klikushyn reportedly were beaten by the 
authorities at the same time as Dranchuk, although they did not sustain 
serious injuries. They went on a hunger strike to protest their 
sentences and abuse. Their hunger strike did not produce any result and 
they were released after 5 day's detention.
    On March 25, in a violent crackdown, uniformed and plainclothes 
security forces beat and detained demonstrators gathering on Yakub 
Kolas Square in downtown Minsk. According to human rights observers, 
over 300 demonstrators were arrested and detained. Many of them were 
beaten severely (see Section 2.b.). Yuri Belenky, deputy chair of the 
conservative Christian Party of the Belarusian Popular Front, was 
severely beaten and later hospitalized. Security forces reportedly hit 
Belenky in the face with a truncheon, put his jacket over his head, 
knocked him off his feet, and continued to kick him. Belenky was 
detained for 3 days, after which time a government doctor diagnosed him 
with a concussion. Belenky's appeals to prosecutors and the courts to 
bring charges against the security forces responsible for the beating 
were denied.
    According to the Advisory and Monitoring Group (AMG) of the OSCE, 
in an ``unwarranted and superfluous show of force'', five demonstrators 
who participated in the April 26 Chernobylsky Shlaykh (the Chernobyl 
Path) march were ``forcibly and violently'' detained by the militia 
(see Sections 1.e. and 2.b.).
    ``Dedovshchina,'' the practice of hazing new recruits through 
beatings and other forms of physical and psychological abuse, 
apparently has not abated. In the first 5 months of this year, 
according to government statistics, 30 cases were reported. Efforts by 
family members and human rights monitors to investigate these cases and 
other reports of Dedovshchina were blocked by government authorities.
    Prison conditions are poor and are marked by severe overcrowding, 
shortages of food and medicine, and the spread of diseases such as 
tuberculosis, syphilis, and HIV/AIDS. Conditions at prison hospitals 
are poor, according to human rights monitors. Detainees in pretrial 
detention facilities also reported poor conditions and denial of 
medical treatment, which contributed to their declining health while 
they awaited trial. Although official statistics on prison overcrowding 
are not available, OSCE AMG officers who visited a detention facility 
in Vitebsk during June 1999 noted that in 1 cell, 16 female prisoners 
shared 10 beds, while in another, 14 prisoners between the ages of 14 
and 17 shared 8 beds.
    In 1999 a government amnesty was announced for lesser offenders 
designed to decrease the prisoner population. Another amnesty was 
approved by the National Assembly on June 30. Acting Minister of 
Internal Affairs Mikhail Udovikov announced on June 9 that 9,700 
prisoners had received early release or a reduction in their sentences 
under the 1999 amnesty and that the amnesty could be applied to 10,700 
prisoners in jail and 2,400 on parole at that time under the new 
legislation. Prior to the new amnesty, there were approximately 61,000 
prisoners, according to Udovikov. It is unclear to what extent the new 
amnesty was implemented. According to Udovkiov, the amnesty only 
applied to war veterans, underage persons guilty of minor crimes, 
pensioners, and the disabled. Those guilty of economic crimes could 
only receive amnesty after payment of financial restitution.
    Male and female prisoners are housed separately. Following an 
inspection of a correctional facility for women in Gomel on June 1999, 
Minister of Internal Affairs Yury Sivakov noted in an interview with 
the official press that, although it was intended to house only 1,350 
inmates, it then held 2,800. NGO's reported that prison conditions did 
not improve during the year.
    On March 1, 13th Supreme Soviet Deputy and political prisoner 
Vladimir Kudinov was transferred to solitary confinement in a 
punishment cell for 7 days for alleged misconduct, which included 
reportedly stopping morning exercises and having left a smoking area 
too early (see Section 1.d.). Kudinov previously was punished for 
participating in a chess tournament without prison approval and for 
other violations of ``internal routine.'' Kudinov also was denied, 
without explanation, visits by family and a priest. According to human 
rights monitors, these punishments were imposed to exclude Kudinov from 
the list of those eligible for amnesty or early parole.
    On July 11, Ivan Lemyashewski, the former head of a group of 
advisors to the Council of Ministers, issued an open letter to 
Lukashenko calling for an end to the politically motivated harassment 
of his family. On June 21, Lemyashewski's son, Ilya, was shot in the 
chest by a masked man. The shooting followed an earlier attempt by 
security forces to recruit Ilya to spy on his father. When he refused, 
Ilya reportedly was warned that ``grave consequences'' would follow. 
Lemyashewski's car was reportedly tampered with, resulting in an 
accident, and the family reported receiving numerous threatening 
telephone calls. The threats and attacks apparently were in retaliation 
for his resignation from the Government (see Section 2.a.)
    Human rights monitors sometimes were granted access to observe 
prison conditions, although the authorities did not honor some requests 
to meet with individual prisoners.
    d. Arbitrary Arrest, Detention, and Exile.--The authorities have 
amended only slightly the Soviet-era law on detention, and during the 
year security forces continued to arrest arbitrarily and detain 
citizens, most often in connection with demonstrations, some of which 
were not authorized. Politically motivated arrests continued, although 
most of those arrested were released within a few days.
    The Criminal Procedure Code provides that police may detain a 
person suspected of a crime for 24 hours without a warrant, within 
which time the procurator is notified. The procurator then has 48 hours 
to review the legality of the detention. If the procurator deems the 
detention legal, a suspect can be held for a maximum of 10 days without 
formal charge. However, usually once the decision is made to hold a 
suspect, formal charges are filed. Once a suspect is charged, a trial 
must be initiated within 2 months, although in some cases the 
procurator general can extend pretrial detention to 18 months to allow 
for further investigation. Alternatively, a suspect who has been 
charged can be released on a written pledge not to flee, in which case 
there is no time limit on pretrial investigation. The law allows 
detainees the right to apply to the court (rather than the procurator) 
to determine the legality of their detentions. However, in practice 
suspects' appeals to have their detentions reviewed by the courts 
frequently are suppressed because detainees are at the mercy of 
investigators, and detention officials are unwilling to forward the 
appeals. There is no provision for bail under the current legal code.
    By law detainees may be allowed unlimited access to legal counsel, 
and, for those who cannot afford counsel, the court appoints a lawyer. 
However, investigators routinely fail to inform detainees of their 
rights and conduct preliminary interrogations without giving detainees 
an opportunity to consult counsel. The information gained then is used 
against the defendant in court. Even when appointed by the State, 
defense attorneys are subordinate to the executive branch. Access by 
family members to those detained is restricted severely in practice and 
they frequently are not notified when a family member, even a juvenile, 
has been detained.
    On January 19, Aleksandr Abramovich, leader of the Borisov branch 
of the Social Democratic Party, was arrested by police near the Minsk 
city court before the beginning of the trial of former Prime Minister 
Mikhail Chigir ( see Section 1.e.). Abramovich was holding a sign 
calling for an end to the prosecution of opposition leaders. Abramovich 
was sentenced to 7 days in jail. In February Abramovich again was 
arrested and sentenced to 35 days in jail for staging three 
unsanctioned demonstrations: One against the war in Chechnya, one 
against the trial of Chigir, and one against the trial of a local 
businessman. On April 25, Abramovich again was arrested during a rally 
held in Borisov to mark the 14th anniversary of the Chernobyl accident. 
At the rally, Abramovich criticized the Government and was arrested 
immediately after he ripped apart a picture of Lukashenko. Abramovich 
was sentenced to 5 days in jail for ``petty hooliganism.''
    On February 4, police in Grodno arrested Vladimir Sowtsa, a member 
of the United Civic Party and an activist in the local union of 
entrepreneurs, for spreading leaflets about a nationwide strike, which 
began on February 1. Sowtsa was detained for several hours and then 
taken to a court where he was fined $7.50 (6,600 rubles) and later 
released.
    On February 29, while collecting signatures on a petition against 
the country's union with Russia, two activists of the Belarusian 
Popular Front were detained for several hours by police and later 
charged with illegal distribution of printed materials.
    On March 1, Filipp Klikushin, Leonid Malakhov, and Timofei Dranchuk 
were arrested by police for staging an unsanctioned protest near the 
Presidential Administration in central Minsk in support of those who 
had disappeared (see Section 1.c.).
    On March 23, five youth activists, two of whom were under 18 years 
of age, were detained by police for distributing leaflets announcing 
the freedom day march on March 25 marking the 1918 founding of the 
Belarusian National Republic. One of the activists, Sergei Shevlakov, 
reported that his family was not notified of his detention until almost 
4 hours after the incident, in violation of the administrative offenses 
code. All five reportedly were verbally threatened and abused by police 
while in detention.
    On March 25, approximately 700 demonstrators gathered on Yakub 
Kolas Square in Minsk for the ``day of freedom'' march. On March 24, 
Minsk city authorities banned the demonstration, despite requests from 
foreign and domestic human rights observers to allow the demonstration 
to proceed peacefully. Shortly after the demonstrators gathered on the 
square, military and police special forces, dressed in riot gear, waded 
into the crowd using clubs and began to beat and detain demonstrators. 
According to local human rights lawyers, over 300 demonstrators were 
arrested and prosecuted for their participation in the event. Many 
leading opposition politicians were arrested in connection with the 
demonstration and sentenced to 5 to 7 days imprisonment (see Section 
2.b.).
    On March 25, 13th Supreme Soviet Deputy and independent journalist 
Valery Shchukin, was arrested by police in Vitebsk while covering an 
opposition rally marking the 1918 founding of the Belarusian National 
Republic. Shchukin was tried and sentenced to 10 days in jail for 
participating in an unsanctioned demonstration. At the same event, 
Vladimir Pleshchenko, a local opposition activist, was arrested and 
later sentenced to 10 days in jail. Roman Solovyan, also a local 
opposition activist, was arrested and sentenced to 5 days in jail.
    On April 26, Anatoly Fyodorov, a local leader of the Belarusian 
Popular Front, was arrested by police for organizing an unauthorized 
demonstration in Mogilev on the 14th anniversary of the Chernobyl 
disaster. Also on April 26, opposition activists Yury Kuzmitsky, Denis 
Yeryomenko, and Sergei Terekhov were arrested while participating in 
the Chernobilski Shlyakh demonstration. Kuzmitsky, who severely was 
beaten by police, was sentenced to 5 days detention for participation 
in the demonstration. Yeryomenko was convicted of illegal use of flags, 
pennants, emblems, symbols, or placards for carrying a caricature of 
Lukashenko. Terekhov was sentenced to 3 days' detention for ``speaking 
of the President in foul language'' (see Section 2.b.).
    On May 1, 14 opposition and human rights activists were detained by 
police in Mogilev during a May Day rally in the town's central square. 
The activists were carrying white-red-white flags and opposition signs 
and were taken to a police station where they were detained for several 
hours.
    On May 21, Aleksandr Abramovich, Anton Tsylezhnikov, and Alesya 
Ysyuk were arrested by police in Borisov while demonstrating in support 
of former Prime Minister Mikhail Chigir. Abramovich and Tsyalezhnikov 
were sentenced to 15 and 10 days' incarceration respectively, and Ysyuk 
was fined $404 (390,000 rubles).
    On June 20, United Civic Party activists Aleksei Radzivnow and 
Vladimir Romanovski were detained by police for staging a protest 
against restrictions on political activity near the Minsk Government 
Building in downtown Minsk; they were released later the same day.
    On June 29, Alexander Abramovich again was arrested and sentenced 
to 12 days in jail for a demonstration on June 19 in Borisov in which 
protestors chained themselves to a flagpole and demanded the 
resignation of the chairman of the Borisov City Executive Committee.
    On July 27, Katsyaryna Haravaya and Igar Paremski were arrested and 
sentenced to 5 and 7 days in jail, respectively, for staging an 
unsanctioned demonstration in Gomel in which they protested against the 
establishment of a ``fascist regime'' in Belarus.
    Unidentified, nonuniformed officials working for the security 
services regularly apprehend participants in antigovernment 
demonstrations (see Section 2.b.). There are credible reports that 
plainclothes security officials sometimes infiltrate antigovernment 
demonstrations in order to either report on opposition protestors or 
provoke clashes between demonstrators and police. Security officers on 
occasion also preemptively have apprehended organizers and individuals 
considered to be potential participants prior to demonstrations, 
including those that had been sanctioned by theauthorities.
    On February 10, in an article in the independent newspaper 
Narodnaya Volya, Oleg Baturin, a senior official in the Ministry of 
Internal Affairs, reported that a clash between demonstrators and 
security officials at the freedom march I on October 17, 1999, was 
provoked by plainclothes security officers under orders from the 
Ministry of Internal Affairs. Following publication of the article, 
Baturin and his brother, fearing for their personal safety in Belarus, 
claimed political asylum in Poland. On July 19, Baturin sought refuge 
at a Western embassy in Minsk and claimed that he had been abducted by 
unknown assailants, who he later identified as Belarusian security 
service agents, and was returned forcibly to Belarus. On July 21, 
Baturin was granted safe passage out of Belarus, to take up political 
asylum in another country. While some of the facts of Baturin's 
kidnaping remain unclear, most independent human rights observers 
believe that his charges against the authorities were the reason for 
his mistreatment.
    Security force officials regularly detained journalists and NGO 
officials during the year (see Sections 2.b. and 4).
    Following demonstrations security officials have held some 
detainees incommunicado. In addition to the hundreds of antigovernment 
protestors whom authorities held for several hours or days, there were 
several prominent political detainees whom the Lukashenko regime held 
for prolonged periods of time in pretrial detention, some for over a 
year.
    On November 11, 1997, former Minister of Agriculture Vasily Leonov 
was arrested on charges of large-scale embezzlement and bribery. Leonov 
was held for over 2 years in pretrial detention, during which he 
suffered two heart attacks. Leonov also went on a hunger strike to 
protest the refusal of prison authorities to provide him with medical 
supplies brought by his relatives. On January 14, Leonov was sentenced 
to 4 years in prison and confiscation of property for large-scale 
embezzlement and bribery (see Section 1.e.).
    In February 1998, police arrested Andrei Klimov, a successful 
entrepreneur and member of the Parliament that was illegally dissolved 
in late 1996, on charges of embezzlement and other financial 
irregularities. Klimov's supporters and human rights observers believe 
that his arrest and prosecution was politically motivated because 
Klimov is an outspoken critic of President Lukashenko and had 
participated in a commission that examined violations of the law and 
the Constitution by the President. Klimov's period of pretrial 
detention was extended on several occasions. He was severely beaten by 
prison guards on December 13, 1999, following his refusal to leave his 
cell as a sign of protest. The presiding judge ordered that he be 
brought to the courtroom. He was beaten by guards and forcefully 
dragged into the courtroom in torn clothing and without any shoes. 
Although he was clearly in need of medical attention, an ambulance was 
not called until several hours later. On March 17, Klimov was convicted 
of large-scale embezzlement and forgery and sentenced to 6 years' 
imprisonment and loss of property (see Section 1.e.).
    Statistics on the current number of persons in pretrial detention 
and the average length of pretrial detention were not available. Acting 
Minister of Internal Affairs Mikhail Udovikov, in a speech to 
Parliament on June 9, said that approximately 100,000 people were in 
pretrial detention or under some form of punishment. In comparison in 
August 1998 there were approximately 11,000 persons in pretrial 
detention.
    The authorities do not use forced exile, although there were 
credible reports that the security services threatened opposition 
political activists and trade union leaders with criminal prosecution 
or physical harm if they did not cease their activities and depart the 
country.
    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary; however, in practice the judiciary is not 
independent and is unable to act as a check on the executive branch and 
its agents. Reforms adopted to support the independence of the 
judiciary in 1995 remained unimplemented. The 1996 constitutional 
referendum further subordinated the judiciary to the executive branch 
by giving the President the power to appoint 6 of the 12 members of the 
Constitutional Court, including the chairman. The remaining six are 
appointed by the Council of the Republic, which itself is composed of 
individuals appointed by the President or elected by individuals 
influenced by the President. The President also appoints the chairmen 
of the Supreme Court and the Supreme Economic Court. The President also 
has authority under the Constitution to appoint and dismiss all 
district and military judges.
    The criminal justice systems follows the former Soviet model and 
has three tiers: District courts; regional courts; and the Supreme 
Court. Several modifications have been made, brought about by the new 
Constitution, including direct presidential appointments. The 
Constitutional Court was established in 1994 to adjudicate serious 
constitutional issues, but, dependent on the executive branch, it does 
not challenge presidential initiatives. In addition the Constitutional 
Court has no means to enforce its decisions.
    Judges adjudicate trials; only in capital offense trials in which 
the defendant pleads not guilty and demands a jury trial do juries 
determine innocence or guilt. Judges are dependent on the Ministry of 
Justice for sustaining court infrastructure and on local executive 
branch officials for providing their personal housing. In addition 
judges owe their positions to the President. Although the Procurator's 
Office denies it, there were widespread and credible reports that 
``telephone justice'' (the practice of executive and local authorities 
dictating to the courts the outcome of trials) continues.
    On May 18, in a speech to the Belarusian-Russian Union 
Parliamentary Assembly, covered by the media and widely criticized by 
human rights monitors as evidence of the absence of judicial 
independence, Lukashenko denied allegations of human rights abuses in 
Belarus and said they were ``far-fetched and overblown beyond reason in 
the West...We have no such violations.'' He acknowledged that a 
``number of once famous persons,'' such a former Prime Minister Chigir 
and others, had been prosecuted over the past few years. However, 
``they were caught stealing and got what they deserved...Everybody is 
equal before the law...Overseas politicians lack objectivity because 
they surround criminals, thieves, and hooligans with a halo of 
political martyrs.''
    Prosecutors, like the courts, are organized into offices at the 
district, regional, and republic levels. They ultimately are 
responsible to and serve at the pleasure of the Procurator General who, 
according to the Constitution, is appointed by the Council of the 
Republic. Prosecutors are not independent and do not have authority to 
bring charges against the President or the presidential administration. 
On May 24, Constitutional Court Chairman Grigory Vasilevich told 
journalists that a local prosecutor had been correct in rejecting a 
complaint brought earlier against a presidential administration 
official. According to Vasilevich, Article 125 of the 1996 Constitution 
charges the Procurator General and other public prosecutors with the 
task of ``control over the compliance of the ministries, other agencies 
subordinate to the Council of Ministers, local representative and 
executive authorities, enterprises, institutions, nongovernmental 
organizations, officials, and private figures to laws, decrees, edicts, 
and other legal acts.'' Procurators do not have authority to bring 
charges against an official of the Presidential Administration, he 
said, because it is under the authority of the President, and not the 
Council of Ministers.
    In May 1997, Lukashenko issued presidential Decree No. 12, 
``Several Measures on Improving the Practice of Lawyers and Notaries,'' 
which, according to international legal experts and human rights 
monitors, seriously compromised the independence of lawyers from the 
authorities. The decree, which ostensibly was issued in response to 
allegedly exorbitant attorneys' fees, subordinated all lawyers to the 
Ministry of Justice, which controls the licensing of lawyers, and 
placed the bar association under much greater Ministry of Justice 
control.
    In August 1999, while on an inspection tour in the Brest oblast in 
the western part of the country, Lukashenko told local reporters that 
he personally exercised control over ``certain'' ongoing judicial 
cases, including that of former Prime Minister and opposition leader 
Mikhail Chigir. Lukashenko stated, ``I have them under control, I am 
not going to allow any injustice there myself.'' On August 30, 1999 
during a government interagency commission on crime covered by the 
official media, President Lukashenko reportedly stated, ``It is natural 
for the Head of State to exercise control over one criminal case or 
another...especially in our country, where the Head of State controls 
all the branches of power--legislative, executive, and judicial.''
    Human rights monitor and defense attorney Vera Stremkovskaya was 
threatened with disbarment following her public criticisms of the 
Lukashenko regime while on visits abroad in 1998 and during the year. 
In an attempt to hinder Stremkovskaya's activities, Ministry of Justice 
officials also have launched investigations and issued warnings to her 
human rights NGO (see Section 4).
    The Constitution provides for public trials, although exceptions 
can be made in cases established by law (for example, in cases of rape 
or on grounds of national security). Defendants have the legal right to 
attend proceedings, confront witnesses, and present evidence on their 
own behalf. However, these rights are not always respected in practice. 
The right to be represented by counsel also is not always respected in 
practice. While the 1996 Constitution establishes a presumption of 
innocence, in practice defendants frequently must prove their 
innocence. According to statistics from the Belarusian Helsinki 
Committee, in 1998, criminal charges were brought by prosecutors 
against 59,700 individuals. Of these, only 272, or less than one-half 
percent were found to be not guilty.
    Both defendants and prosecutors have the right of appeal, and most 
criminal cases are appealed, according to legal sources. In appeals 
neither defendants nor witnesses appear before the court; the court 
merely reviews the protocol and other documents from the lower court's 
trial. Appeals rarely result in reversals of verdicts.
    Antigovernment protestors arrested after demonstrations were 
subjected to assembly line-style trials, often without the right to 
counsel or the opportunity to present evidence or call witnesses.
    On January 14, former Minister of Agriculture Vasily Leonov was 
sentenced to 4 years in prison and confiscation of property for large-
scale embezzlement and bribery. Under the provisions of amnesty 
legislation, Leonov was released from prison on October 5 after nearly 
3 years imprisonment. Leonov allegedly accepted bribes of furniture 
worth approximately $52 (42,459 rubles) and foodstuffs worth $90 
(73,383 rubles). Leonov had been arrested on November 11, 1997; he 
arrest was videotaped and broadcast on national television. In the 
videotape, police officers were shown taking U.S. dollars out of 
Leonov's desk. The following day, referring to Leonov's arrest, 
Lukashenko said law enforcement agencies would ``root out corruption'' 
without respect for rank. Legal experts and human rights monitors noted 
that the trial was rife with abuse of legal procedure, including the 
use of evidence taken under duress and later recanted, in violation of 
the Criminal Code.
    On June 8, Mogilev regional authorities announced the sale of 
property belonging to Leonov, confiscated by the Government following 
his conviction. The house and accessory buildings were offered for sale 
at a total of $4,500 (approximately 4,320,000 rubles). According to the 
human rights organization Charter '97, the authorities published the 
announcement of the sale in state-run newspapers without waiting for a 
hearing on a lawsuit brought by family members to block the sale. 
Authorities also reportedly refused to let the Leonov family buy the 
property back.
    On March 17, a Minsk court sentenced 13th Supreme Soviet Deputy 
Andrei Klimov to 6 years in prison on fabricated charges of alleged 
malfeasance and large-scale embezzlement in the handling of government 
contracts at a property development firm which he had run. Klimov, 
whose trial began in July 1999, had been in pretrial detention since 
February 1998 (see Section 1.c.). International and local human rights 
observers believe that the trial and conviction were politically 
motivated to punish Klimov for his involvement in a 1996 impeachment 
drive against President Lukashenko. On August 22, Klimov's appeal was 
denied by another Minsk court without comment. Human rights monitors 
believe the appeals court overlooked numerous procedural violations in 
rejecting the appeal.
    On May 19, the political show trial of opposition leader and former 
Prime Minister Mikhail Chigir concluded with his conviction for 
exceeding his authority as Prime Minister in granting a delay in 
payment of customs duties to a company. The court sentenced Chigir to a 
3-year prison term suspended for 2 years. The court also ordered him to 
pay $220,000 in damages. The OSCE and other legal observers noted that 
the judgement involved irregularities in legal procedure and was 
designed to prevent Chigir from posing a challenge to the Government in 
presidential elections scheduled for 2001. Chigir had been arrested on 
March 30, 1999, just prior to a public ceremony to register his 
participation in an opposition-organized presidential election 
initiative aimed at drawing attention to the upcoming end of 
Lukashenko's legal 5-year term in office. It also followed several 
warnings from government security officials to Chigir that he cease his 
political activities. Despite protests from the OSCE and a number of 
foreign governments, Chigir remained in pretrial detention from March 
30 until November 30, 1999.
    On May 30, speaking at a meeting of participants of a government-
organized ``social-political dialogue,'' Lukashenko said Chigir's 
sentence was lenient. Speaking to the head of the OSCE AMG, Lukashenko 
said ``on your instructions, if you want, as a result of your pressure, 
although I did not welcome it, your client (Chigir) was forgiven a lot 
... Were it not for the OSCE, Chigir would have to serve at least 5 
years first in a cell and then somewhere in a prison.'' Lukashenko's 
comments were condemned widely by local human rights monitors as 
further evidence that Chigir's trial was politically motivated because 
of his opposition to the Lukashenko regime. On August 18, the Supreme 
Court, following appeals from both Chigir and the procurator, returned 
the case to the city court for further investigation. In her appeal, 
Chigir's attorney, Yulia Chigir, cited numerous procedural 
irregularities, including the unlawful time limit placed on the defense 
to familiarize itself with the lower court protocol. On December 5, the 
Supreme Court vacated the sentence against Chigir and returned the case 
to the procurator's office for further investigation. The panel of 
judges ruled that the investigators and the judges in the previous 
trial failed to fully examine the facts of the case. At year's end, no 
trial date was set.
    On June 19, Nikolai Statkevich, chairman of the Belarusian Social 
Democratic Party, and 13th Supreme Soviet Deputy Valery Shchukin were 
convicted of active participation in group actions disturbing the peace 
and were sentenced to 2-year and 18-month suspended sentences, 
respectively. Statkevich and Shchukin had been arrested immediately 
following the march for freedom on October 17, 1999, which resulted in 
clashes between protestors and riot police. Statkevich also was charged 
with active participation in group actions disturbing the peace for an 
unauthorized demonstration held on June 27, 1999. The trial, which 
began on April 24, was marked by violations of judicial procedure. In 
many cases, witnesses were unable to identify Statkevich or Shchukin 
and appeared to have been coached. Most human rights observers 
considered the trial to be politically motivated. On August 25, the 
Supreme Court, citing procedural and investigative irregularities, 
upheld an appeal brought by Statkevich and Shchukin, vacated their 
sentences and returned the case to the Minsk city court for 
investigation and a new trial.
    On July 12, 1999, Vladimir Ravkov, vice rector of the Gomel State 
Medical Institute, was arrested along with 17 other members of the 
institute, on corruption charges. Of the 18 arrested, only Ravkov 
remained in jail pending trial at year's end. Investigators have 
refused to allow Ravkov's wife, Natalya Ravkova, to defend him in 
court. Prison administrators reportedly denied Ravkov adequate medical 
treatment. Human rights monitors reported that this case appears to be 
politically motivated because of past criticism by the Gomel Medical 
Institute of government neglect of Chernobyl-related problems.
    On October 20, Julia Chigir, wife of Mikhail Cigir, was found 
guilty of violent resistance to a police officer and given a 2 year 
suspended sentence. On May 19, Julia Chigir bit the ear of a police 
officer when he forcibly attempted to block her entrance and that of 
her supporters, into a Minsk City courthouse on the day of Mr. Chigir's 
sentencing. The OSCE and human rights monitors noted that the court's 
ruling contradicted eyewitness accounts of the events on May 19 and 
that the ruling was politically motivated.
    Although the authorities have allowed representatives of the OSCE 
AMG to visit Supreme Soviet Deputies Klimov and Kudinov and former 
Agriculture Minister Leonov, authorities have refused permission to 
other foreign diplomatic and human rights observers to visit the same 
prisoners (see Section 1.d.). On July 5, the Procurator General's 
Office denied the OSCE AMG permission to visit Vladimir Ravkov, the 
jailed vice rector of the Gomel State Medical Institute, whose arrest 
appears to be politically motivated and who is reported to be in poor 
health.
    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The Constitution provides for protection against 
illegal interference in a citizen's personal life, including invasion 
of privacy, telephone, and other communications; however, the 
Government does not respect these rights in practice. Although the 
inviolability of the home also is provided for by the Constitution, 
which states that ``no one shall have the right to enter, without legal 
reason, the dwelling and other legal property of a citizen against such 
a citizen's will,'' in practice government monitoring of residences, 
telephones, and computers continued unabated. The KGB is believed 
widely to enter homes without warrants, conduct unauthorized searches, 
and read mail. Political, human rights, and other NGO's state that 
their conversations and correspondence are monitored routinely by the 
security services. Some opposition figures report a reluctance to visit 
some foreign embassies due to fear of reprisal.
    Nearly all opposition political figures assume that the authorities 
monitor their activities and conversations. The Lukashenko regime does 
nothing to refute these assumptions. Militia officers assigned to stand 
outside diplomatic missions are known to keep records of visits by 
political opposition leaders. In addition even regime officials do not 
appear to be exempt from monitoring.
    In June United Civic Party Chairman Anatoly Lebedko, a vocal 
opponent of the Lukashenko regime, discovered a listening device 
connected to a telephone in his apartment. Independent analysts believe 
that the device was made and planted in the apartment by the security 
services.
    Security officials routinely raided and searched the apartments of 
opposition politicians, often without a warrant. For example, on April 
19, police and KGB officers conducted an unlawful search of the 
apartment of Galina Yurina, an opposition activist, confiscated 
leaflets for an upcoming opposition-organized demonstration as well as 
personal items and detained Yurina for several hours. On August 23, 
Yurina was stopped by security officials, and leaflets advocating the 
boycott of parliamentary elections were seized from her car without a 
warrant.
    Security forces sought to recruit Ilya Lemyashewski, son of the 
former head of a group of advisors to the Council of Ministers, to spy 
on his father. On June 21, after his refusal to do so, Ilya was shot in 
the chest by a masked man (see Section 1.c).
    On July 31, 75-year-old Vasily Starovoitov, the former director of 
the Rassvet agro-industrial enterprise, appealed to police to file 
criminal charges against two men who attempted to enter his house and 
threatened him on July 28. Starovoitov had been released from a 
corrective labor camp in November 1999 after 2 years' imprisonment for 
allegedly embezzling state credits. Domestic human right groups believe 
that Starovoitov was arrested to draw attention away from a poor 
harvest on heavily subsidized state farms. Two men reportedly 
telephoned Starovoitov and said that they wanted to deliver a message 
from imprisoned former Agriculture Minister Leonov (see Section 1.e.). 
Shortly after the call, two men approached the door of Starovoitov's 
house and identified themselves as police and KGB investigators and 
threatened Starovoitov with violence if he did not let them in. The 
police were called and the intruders were arrested. The incident was 
under investigation at year's end.
    The KGB, the MVD, and certain border guard detachments have the 
right to use wiretaps, but under the law must obtain a prosecutor's 
permission before installation. The prosecutor's office exercised no 
independence and therefore the ``due process'' provision regarding 
wiretaps is effectively meaningless. The Presidential Guard (or 
security service) formed in 1995, reportedly continued to conduct 
surveillance activities of the President's political opponents. There 
is no judicial or legislative oversight of the Presidential Guard's 
budget or activities, and the executive branch repeatedly has thwarted 
attempts to exercise such oversight.
    In 1999 the National Assembly revised the administrative offenses 
code to increase the penalties for those who obstruct KGB officers. For 
example, an article of the legislation prohibits preventing KGB 
officers from entering the premises of a company, establishment or 
organization, and for failing to allow audits or checks to be made, as 
well as for unjustified restriction or refusal to provide information, 
including access to company information systems and databases. This 
revised code remains in effect.
    In 1997 the Ministry of Communications renegotiated contracts for 
supplying telephone service. The new contracts forbid subscribers from 
using telephone communications for purposes that run counter to state 
interests and public order. The Ministry has the right to terminate 
telephone service to those who breach this provision.
    Presidential Decree No. 218, issued in 1997, prohibits the import 
and export of printed, audio, and visual information that could 
``damage'' the economic and political interests of the country (see 
Section 2.a.). This decree remains in effect.
    On November 23, 1999, Lukashenko signed Decree No. 40, which allows 
the authorities to nationalize the property of any individual if the 
President determines that the individual has caused financial damage to 
the State. There were reports that this decree had been used, 
particularly against businessmen. Authorities also threatened to seize 
the property of former Central Bank Chair Tamara Vinnikova.

Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of speech, as well as the freedom to receive, retain, and 
disseminate information; however, the regime restricts these rights in 
practice. The executive branch continued its suppression of freedom of 
speech. Despite the constitutional provisions, a 1998 government decree 
limited citizens' right to express their own opinions. Although 
independent media remain widely available in Minsk, as part of a 
continuing crackdown on opposition activity, the authorities stepped up 
its campaign of harassment against the independent media. The 
authorities continued to restrict severely the right to a free press 
through near-monopolies on the means of production of newsprint, means 
of distribution on national level broadcast media, such as television 
and radio, and by denying accreditation of journalists critical of the 
regime. The authorities also kept up economic pressure on the 
independent media by pressuring advertisers to withdraw advertisements, 
as well as by fines and other administrative harassment. Employees at 
some state-run enterprises are discouraged from subscribing to 
independent newspapers and journals.
    In 1996 Lukashenko signed a decree ordering that all editors in 
chief of state-supported newspapers would henceforth be official state 
employees and would become members of the appropriate local level 
government council. Another decree granted the Ministry of Press the 
authority to assign graduates of state-supported journalism schools to 
work in state-owned media organizations as a means of payment for their 
schooling. These decrees remain in effect.
    Presidential Decree No.5, issued in 1997, prohibits a range of 
broadly defined activities and limits freedom of expression. For 
example, the decree prohibits individuals from carrying placards or 
flags bearing emblems that are not registered officially with the 
state, as well as emblems, symbols, and posters ``whose content is 
intended to harm the state and public order, rights and legal interests 
of the citizens.'' The decree also bans activities that are 
``humiliating to the dignity and honor of the executive persons of 
state bodies.'' This decree has been used to prosecute and fine those 
carrying symbols emphasizing the country's independence, such as the 
red and white flag.
    The Defamation Law makes no distinction between private and public 
persons for the purposes of lawsuits for defamation of character. A 
public figure who has been criticized for poor performance in office 
may ask the prosecutor to sue the newspaper that printed the criticism. 
In June 1998, the lower house of the National Assembly approved a bill 
that stipulated that public insults or libel against the President 
could be punished by up to 4 years in prison, 2 years in a labor camp, 
or a large fine. However, there were no reports that anyone was 
arrested or charged subsequently for this offense, and the bill 
apparently was devised principally as a means of intimidation. Its 
provisions remain in effect.
    In 1997 the Council of Ministers issued a decree that prohibited 
and restricted the movement of certain goods across customs borders. 
The decree specifically prohibited the import and export of printed, 
audio, and video materials, or other news media containing information 
``that could damage the economic and political interests of the 
country.'' Some bulletins affiliated with the opposition published 
outside of the country appeared to be targeted by the decree. Although 
in previous years there were a number of incidents in which customs 
officials confiscated opposition materials at the country's borders, 
there were no recent reports of such incidents.
    In January 1998, more stringent regulatory provisions, introduced 
by amendments to the Law on Press and Other Mass Media that were 
adopted by the Council of the Republic in December 1997, went into 
effect. The new regulatory provisions grant greater authority to the 
authorities to ban and censor critical reporting. For example, the 
State Committee on the Press was given authority to suspend for 3 
months publication of periodicals or newspapers without a court ruling.
    On December 17, 1999, Lukashenko signed new amendments to the law 
``On Press and Other Media.'' The amendments ban the media from 
disseminating information on behalf of political parties, trade unions, 
and NGO's that are not registered with the Ministry of Justice.
    On April 7, a new presidential decree came into effect on ``the Use 
by Legal Entities of the Name of the Republic of Belarus.'' The decree 
allows only legal entities specially authorized by the President to use 
the name of the country in its title. According to the decree and 
independent legal experts, the independent press is barred from using 
the country name in its titles.
    Independent newspapers are available widely in Minsk, but outside 
of the capital most towns only carry local newspapers, only some of 
which are independent. On January 20, authorities forced the Orsha-
based Filon Kmita Center to stop publishing its daily newspaper, 
Kutseyna, after the paper was denied official registration. Kutseyna 
was known for its critical reports on the Government. Despite repeated 
appeals from foreign and domestic human rights observers, the paper was 
not registered and did not reopen.
    In February the editors in chief of the country's six largest 
independent newspapers sent an open letter to Prime Minister Uladzimir 
Yarmoshyn demanding the end to the discriminatory measures that the 
state uses against them. The letter noted that the state postal service 
recently raised distribution rates for independent papers by 400 to 600 
percent, while the State-owned publications received distribution 
discounts. It also stated that the large increases undermine the 
freedom of the press.
    On April 24, the Grodno City Executive Committee refused to 
register the independent newspaper Reporter, which often is critical of 
theauthorities, on the grounds that the editors could not prove that 
they were occupying legal office spaces. Later, a second application 
for registration also was rejected by the City Executive Committee 
without further explanation. On August 25, it was reported that the 
city executive denied registration for a third time. In its rejection 
notice, the city executive reportedly stated that there was ``a 
sufficiency of newspapers in Grodno and no need for another one.''
    On May 11, the Supreme Economic Court of Belarus rejected an appeal 
by the independent newspaper Nasha Niva of a warning issued by the 
State Press Committee in March. The newspaper was warned for publishing 
a reader's letter which the committee said expressed ``intolerance 
toward the Russians'' in violation of Article 5 of the Media Law, which 
bans the use of the media for inciting ethnic enmity or discord. The 
letter, entitled ``I Envy Chechnya,'' was critical of Russian 
atrocities in Chechnya and supported the defense of Belarusian language 
and culture. On May 15, Nasha Niva was warned for a second time for 
publishing an article entitled ``Infection of Fascism: Lukashenko is 
Copying Hitler'' by Semyon Sharetsky, the 13th Supreme Soviet chairman 
currently in self-imposed exile in Lithuania. The warning reportedly 
was issued under Article 5 of the Media Law for the ``inadmissibility 
of abusing the freedom of mass information.'' Article 16 of the media 
law states that a newspaper can be closed after receiving more than one 
warning within a year.
    On May 29, two leading independent newspapers critical of the 
Government, Narodnaya Volya and Belaruskaya Delovaya Gazeta (BDG), 
received warnings for alleged ``abuses of the freedom of mass 
information'' under Article 5 of the Law on Media. The BDG was warned 
for publishing an article on February 22 by Semen Bukchin entitled 
``Prayer in a Birkenau Concentration Camp.'' The State Press Committee 
alleged that the article created ``tensions in Polish-Jewish'' 
relations. A second warning was issued to BDG for publishing a response 
to Bukchin's article, which ``offended the citizens of the Russian 
Federation.''
    Narodnaya Volya was issued a warning for an article by Ivan 
Makalovich which contained the question ``Should we Ask NATO for 
Help?'' A second warning was issued for printing an article by Sergi 
Popkov, deputy head of the conservative Christian Party of the 
Belarusian Popular Front (CCP). According to the State Press Committee, 
the CCF was not registered with the Ministry of Justice, and therefore 
the article should not have been published.
    On June 2, the Mogilev-based independent newspaper De Facto was 
issued a warning by the State Press Committee for publishing the same 
article by Semyon Sharetsky entitled ``The Infection of Fascism: 
Lukashenko is Copying Hitler'' that Nasha Niva was warned for in May. 
According to the State Press Committee, Sharetksy's article ``incites 
ethnic hatred.''
    On September 5, authorities banned the first national nonstate 
press festival, scheduled to be held on September 8 and 9 in Vitebsk. 
No reason was given for the authorities' decision and festival 
organizers planned to reschedule the festival for late September in 
another city. The Belarusian Association of Journalists said the ban 
was part of a government effort to inhibit the work of the independent 
press.
    On September 13, the office of the Magic publishing house was 
raided, and the owner and President Yuri Budzko was charged with 
``propagandizing an electoral boycott.'' The Magic publishing house is 
the printing press for the country's leading nonstate newspapers. 
During the raid, copies of the independent newspaper Rabochy were 
seized and its editor Viktar Ivanshkevich was arrested. On October 11, 
Magic's bank accounts were frozen prior to a tax inspection. In 
September police seized 100,000 copies of a special edition of the 
Belorussian Free Trade Union newspaper Rabochy and arrested the 
newspaper's editor in chief Victor Ivashkevich, the newspaper's legal 
advisor Dmitry Kostyukevich, and Yuri Budko the owner of the Magic 
publishing house where the newspaper was being printed. The newspaper 
called on voters to boycott the October elections to the National 
Assembly. Ivashekvich and Kostyukevich were charded and later convicted 
and fined under Article 167 of the Administrative Code for publicly 
calling on an election boycott. The charges against Budko were 
dismissed by a separate court.
    On October 16, tax authorities raided the offices of Magic and 
seized the company's printing equipment. In connection with the 
investigation and seizure, the company's bank accounts were frozen on 
October 11. The equipment originally had been leased by Magic from the 
Belarus-Soros Foundation (BSF) and then later from the open society 
institute, which received ownership of the equipment when the BSF 
ceased its operations in 1997. The tax authorities seized the equipment 
to cover fines owed by the BSF for alleged tax violations. On December 
18, the Belarusian Supreme Economic Court upheld the seizure of the 
equipment. Most independent human rights monitors believe the 
authorities selectively enforced the law in this case to hinder the 
printing and distribution of independent media critical of the current 
authorities.
    Independent journalists were frequently barred by government 
authorities from covering events or arrested in the course of doing so.
    On March 1, officials of the presidential security service detained 
three journalists covering an unsanctioned opposition demonstration 
near Lukashenko's residence. The three journalists, reporters from 
Radio Liberty and the independent Belarusian news service Belapan and a 
Reuters photographer, were detained for several hours and later 
released.
    On March 16, six journalists from the satirical journal Navinky 
were detained by plainclothes police after participating in the Freedom 
March II demonstration in Minsk (see section 2.b.). The journalists 
were held for several hours without explanation and released the 
following morning.
    On March 25, in a violent crackdown on an opposition-organized 
rally to commemorate the 82nd anniversary of the Belarusian National 
Republic, 35 foreign and local independent journalists were beaten and 
detained. Journalists reported that they were not given an explanation 
as to why they were being detained, and, in some instances, the police 
used violent force to arrest the journalists. Journalists reportedly 
were searched, equipment was confiscated, and film exposed. The 
journalists were released later the same day.
    On April 28, Yahor Mayorchyk, a freelance reporter for Radio Free 
Europe/Radio liberty (RFE/RL) was summoned to a military enlistment 
office where he reportedly was interrogated by KGB officers for 90 
minutes. The KGB officers reportedly threatened that if Mayorchuk did 
not cooperate with the KGB, ``the same thing would happen as to 
Babitsky.'' The KGB officers were referring to RFE/RL journalist Andrei 
Babitsky, who was arrested by Russian authorities in Chechnya for his 
coverage of the war there, held captive for 40 days, and faced trumped 
up charges of treason.
    On May 1, two independent journalists were arrested while covering 
an opposition demonstration in Mogilev. Igor Irkho, a journalist with 
the De Facto newspaper, reportedly was assaulted physically by the 
police and had his camera damaged. He and Alexander Alexandrovich, a 
reporter for the Belaruskaya Delovaya Gazeta, were detained for several 
hours by local militia before being released.
    On May 2, five journalists from the Reporter newspaper gathered in 
Lenin Square in Grodno to protest the city government's refusal to 
register their paper. Minutes after gathering on the square, the 
journalists were arrested by local police and detained for several 
hours.
    On October 20, tax authorities launched an investigation into the 
accounts of the independent newspaper De-Fakto. On November 20, De-
Fakto was fined over $1,770 (2 million rubles) for alleged unpaid taxes 
and fines. On October 25, the State Committee on Press issued a warning 
to the Belarusian Language Society for an article that appeared in its 
newspaper, Nasha Slova, by an unregistered organization, the Grodno 
Association of Democratic Veterans of War and Labor. On November 21, 
the State Committee on press issued a fourth warning to the independent 
newspaper Pahonya, based in Grodno, for publishing a statement by an 
unregistered organization, the Grodno initiative, an association of 
local opposition organizations. After two warnings, legal proceedings 
can be initiated to close a newspaper. Also, under the administrative 
code, publishing materials on behalf of unregistered organizations is 
punishable by a fine and, if repeated, by up to 15 days imprisonment. 
On November 15, the bank accounts of Novaya Gazeta, in the town of 
Smorgon, were blocked. Human rights monitors said these incidents were 
part of a government-wide pattern aimed at restricting the activities 
of independent press.
    On December 12, police in Osipovichy, raided an apartment where 
Nikolai Tomashov, editor of the independent newspaper Panorama, and 
journalist Igor Simbirov were working on the next issue of the 
newspaper. Simbrov was beaten by police, a search was conducted and 
documents and a computer were seized. Simbirov and Tomashov were then 
taken to the procurator's office where they were charged with 
slandering government officials.
    Until government authorities shut it down during 1996, Radio 101.2 
had been the sole Belarusian-language independent station in the 
country. The Belarusian Patriotic Union of Youth, a government-
subsidized presidential youth organization, was permitted to take 
control of Radio 101.2. An independent Belarusian-language crossborder 
radio station, Radio Ratcija, based in Poland, began operation during 
the year. However, in April the Foreign Ministry's special commission 
for accrediting foreign journalists refused to register four of the 
radio station's journalists based in Belarus.
    State-controlled Belarusian Television and Radio (B-TR) maintained 
its monopoly as the only nationwide television station. Its news 
programs regularly featured reporting that was biased heavily in favor 
of the current authorities, sharply critical of opposition politicians, 
and failed to provide an outlet for opposing viewpoints. Local, 
independent television stations operated in some areas and relatively 
were unimpeded in reporting on local news. However, most of these 
stations reported that they were under pressure not to report on 
national-level issues or were subject to censorship.
    On March 10, Yaraslaw Beklyamishchaw, director and host of the 
``Krok-2'' talk show on B-TR, was dismissed from his position after 
inviting opponents of the Government to appear on his program. One of 
the guests on the program was Yury Khashchavtski, producer of a 
documentary film about Lukashenko entitled ``An Ordinary President.'' 
The official reason for his dismissal was ``a flagrant violation of the 
rules of presentation of the program on the air and its noncompliance 
with the cue sheet.'' Beklyamishchaw sued B-TR for unlawful dismissal, 
and on June 14, B-TR agreed to an out-of-court settlement of the case. 
In March 1998, the Presidential Administration issued an internal 
directive entitled ``On Strengthening Countermeasures Against Articles 
in the Opposition Press.'' The directive, which remains in effect, 
specifically lists 10 independent media organizations covered by these 
provisions and prohibits government officials from making comments or 
distributing documents to nonstate media. It also forbids state 
enterprises from advertising in nonstate media. Although the directive 
does not restrict directly independent media or impinge on the right of 
citizens to receive information, it does restrict government officials 
in speaking to the independent media and gives further advantages to 
the state press.
    In July Dimitry Zavadsky, a cameraman for the Russian television 
network ORT, disappeared at the Minsk National Airport while waiting 
for Pavel Sheremet, another ORT journalist, to arrive from Moscow. When 
Sheremet arrived at the airport, Zavadsky was missing, but his car was 
found locked in the airport parking area. In 1997 Zavadsky and Sheremet 
were arrested by Belarusian authorities for crossing the Belarusian-
Lithuanian border illegally while filming a documentary critical of the 
Lukashenko regime. In a politically motivated trial, Sheremet and 
Zavadsky were given 2-year and 18-month suspended sentences, 
respectively. Government authorities accused the opposition of 
organizing Zavadsky's disappearance, calling it a provocation, and 
later threatened Sheremet with potential charges of slander for an 
interview, published in the independent press, in which Sheremet blamed 
Lukashenko and Belarusian security services for Zavadsky's 
disappearance. A criminal investigation of the disappearance was 
opened, but no progress had been reported by year's end (see Section 
1.b.).
    A 1997 Council of Ministers decree nullified the accreditation of 
all correspondents and required all foreign media correspondents to 
apply for accreditation with the Ministry of Foreign Affairs; the 
application form for accreditation requested biographic information, as 
well as a record of the applicant's journalistic activity. Journalists 
who were residents of Belarus also were required to register with the 
state tax authorities. The Ministry of Foreign Affairs has used its 
authority to deny accreditation to four journalists from Radio Ratcija, 
and there were reports that other journalists from foreign media 
outlets have been threatened with a loss of their accreditation for 
reporting on opposition-related activities.
    In January the authorities and the state-run media began a campaign 
of harassment against poet and writer Vasil Bykov. Bykov, a leading 
proponent of ``Glasnost'' in the 1980's and a literary prize winner, 
recently had returned to the country after several years. According to 
the Belarusian Helsinki Committee, Bykov fled to Germany as a result of 
the harassment. On January 28, the OSCE representative on freedom of 
the media, Freimut Duve, wrote a letter to the Belarusian Minister of 
Foreign Affairs urging the Government to end its campaign of harassment 
against Bykov. In his letter, Duve said ``today in Belarus we have 
favorable conditions for the return of the ideology that dominated 
during Soviet times.''
    On August 11, 1999, the international NGO Reporters sans Frontiers 
described the Government as an enemy of the Internet. A public 
statement issued by the organization noted that citizens were not free 
to explore the Internet independently. Although there are several 
Internet service providers in the country, they are all state 
controlled. The Lukashenko regime's monopoly on Internet service 
results in high prices, poor quality, and limited service and allows 
for the monitoring of practically all e-mail. Although the authorities 
have full control, it does not appear to be cutting off access 
entirely, and those who do have access appear to be able to contact a 
full range of unfiltered web sites. A June survey by an independent 
polling organization found that less than 3 percent of the population 
has access to the Internet.
    The Lukashenko regime restricts academic freedom. A sharply 
critical Human Rights Watch report released in July 1999 detailed 
government restrictions on academic freedom. The report noted that the 
authorities had suppressed research on controversial topics, 
recentralized academic decisionmaking, and maintained a ban on 
political activity on campuses. At the same time, a ``systematic 
crackdown'' on political dissent on campuses had targeted outspoken 
students and lecturers who were threatened with expulsion, often for 
their off-campus political activity. The report also asserted that 
state university authorities issued reprimands and warnings to 
politically active lecturers, independent historians, and other 
academics. It stated that university employees who challenge the status 
quo are told to curtail political activities or change the focus of 
their academic inquiry. University administrators target research into 
politically sensitive issues, such as the Belarusian independence 
movement during the Soviet era, a theme that is seen to challenge the 
State's policy of integration with Russia and is discouraged heavily.
    In June four students of the Minsk State Linguistic University were 
prevented from taking final exams because they refused to become 
members of the Belarusian patriotic Youth Union, a pro-Lukashenko 
student association that has been connected to violent attacks on 
opposition activists in the past.
    The Lukashenko regime continued to harass students engaged in 
antigovernment activities, such as demonstrations. Some students were 
expelled for their participation in demonstrations. In June the 
Belarusian State University initially rejected the graduation thesis of 
Pavel Severinets, the leader of the Malady Front, the youth branch of 
the Belarusian Popular Front. Severinets wrote and defended his thesis 
in the traditional version of the Belarusian language. After appeals 
from human rights groups, Severinets' dissertation was approved.
    Over 30 university students, who were expelled for their 
participation in street demonstrations, were assisted in continuing 
their studies in the Czech Republic by private NGO's. Sergei Martselev 
and Nikolai Privarnikov were expelled from the international relations 
faculty of the Belarusian State University for their participation in 
demonstrations in 1999. Vadim Kinopatsky was expelled from the 
Belarusian Agro-Technical University, also for his participation in 
demonstrations in late 1999.
    In 1997 the Council of Ministers issued a decree, effective as of 
the 1997-98 academic year, requiring students who receive free 
university education from the state to accept jobs assigned by the 
authorities upon graduation. Although it remains unclear how 
universally this decree is enforced, there were reports that graduates 
in the medical and teaching professions were required to accept 
government jobs upon graduation. On April 11 and 12, approximately 20 
student activists from the National Association of Belarusian Students 
held a demonstration at the Minsk State Medical Institute to protest 
the assigning of graduates to jobs in areas contaminated by radiation 
from the Chernobyl disaster.
    On September 8, the Ministry of Justice issued a second warning to 
the National Association of Belarusian Students (NABS) for using 
unregistered symbols. According to the Ministry, the color and size of 
the association's letterhead was incorrect. On March 23, the NABS was 
warned by the Ministry of Justice for using the word ``Miensk,'' an 
older spelling of Minsk, in its documents. Two warnings in 1 year is 
sufficient for the authorities to initiate proceedings to close the 
organization down. The second warning was nullified by the Supreme 
Economic Court on September 22. Most human rights observers believe the 
warnings were part of a larger crackdown on independent NGO's (see 
Section 4).
    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of peaceful assembly; however, the Lukashenko 
regime severely restricts this right in practice. Organizers must apply 
at least 15 days in advance to local officials for permission to 
conduct a demonstration, rally, or meeting. The local government must 
respond with a decision not later than 5 days prior to the scheduled 
event.
    Aleksandr Lukashenko issued Decree No. 5 in 1997 in part to 
regulate what he termed the ``orgy'' of street protests taking place. 
The decree further limits citizens' ability to assemble peacefully by 
restricting the locations where rallies may take place and allowing 
local authorities to put strict limits on the number of participants. 
The decree also prohibits the display of unregistered flags and 
symbols, as well as placards bearing messages deemed threatening to the 
State or public order (see Section 2.a.). The decree, along with 
subsequent amendments adopted by the acting legislature, imposes severe 
penalties on those who violate the law, particularly the organizers of 
events. The decree allows for either monetary fines or detention for up 
to 15 days, but courts frequently impose high fines that those 
convicted cannot pay. When individuals fail to pay fines, authorities 
threaten to confiscate their property. The courts punished organizers 
of rallies with fines of several times the average monthly wage.
    Public demonstrations occurred frequently in Minsk but were always 
under strict government control, including through open videotaping of 
the participants by the police and plainclothes security officers. 
Demonstrations also occurred in other parts of the country but were 
less frequent especially in areas in the east close to the border with 
Russia. Following some sanctioned and unsanctioned demonstrations, 
police and other security officials continued to round up, beat, 
detain, and try to coerce confessions from some demonstration 
participants (see Sections 1.c. and 1.d.).
    On January 18, Yawhen Asinski was sentenced to 2 years of 
corrective labor for participating in an opposition organized march on 
October 17, 1999. Asinski initially was charged with participating in 
group actions disturbing the peace, a charge punishable by up to 2 
years in prison. That charge later was dismissed, and he was convicted 
of violent resistance to a police officer on duty when video evidence, 
displayed at the trial, showed that Asinski was not an active 
participant in the demonstration.
    On February 3, police in Minsk arrested five participants in an 
unsanctioned demonstration near the Russian Embassy against Russian 
atrocities in Chechnya. On February 5 and 9, seven participants in 
unsanctioned demonstrations against the Chechnya conflict also were 
arrested. Philip Klikushin and Leonid Malakov, who were arrested on 
February 9, reported that they were beaten by police.
    On March 1, three opposition activists were arrested by 
presidential security services while staging an unsanctioned 
demonstration near Lukashenko's residence on the anniversary of the 
arrest of Victor Gonchar (see Section 1.b.). As soon as the activists 
assembled, they were arrested along with three journalists covering the 
event (see Section 2.a.).
    On March 17, an estimated 30,000 demonstrators participated in the 
Freedom March II. While security services maintained a strong presence, 
the event proceeded peacefully. However, Minsk schools and universities 
reportedly required students to be present at evening school events, 
apparently in an effort to prevent them from participating in the 
demonstrations. Following the demonstration, President Lukashenko spoke 
to reporters while visiting Brest on March 16 and said that ``people 
holding a grudge'' against the Government, such as ``market 
speculators,'' dominated Freedom March II, which was billed as a youth 
demonstration against the Government. Following Lukashenko's remarks, 
the deputy chairman of the Minsk City Executive Committee said that 
organizers of the demonstration failed to keep their promise not to 
block traffic and banned all further street demonstrations in Minsk. 
While the ban only was enforced selectively, Minsk City authorities 
frequently denied permission for demonstrators to march in the city, 
except to a park on the outskirts of the city.
    According to local human rights lawyers, more than 300 of some 700 
demonstrators, including 35 journalists were arrested and prosecuted 
for their participation in the March 25 Day of Freedom March (see 
Section 1.c., 2.a., and 1.d.). All the detainees were forced into 
police vehicles and taken to an Interior Ministry facility in Minsk. 
Some were searched illegally, and they were not allowed to contact 
colleagues, family, or friends. Film shot by press photographers 
reportedly was confiscated and exposed.
    On April 18, local authorities in Borisov banned an opposition-
organized demonstration scheduled for April 25, to commemorate the 14th 
anniversary of the Chernobyl catastrophe. On April 20, the Minsk City 
Executive Council followed the Borisov City Council's decision and 
banned opposition organizations from staging demonstrations or marches 
in downtown Minsk on April 26, known as the Chernobylsky Shlyakh 
(Chernobyl path). On April 25, 1 day before the scheduled event, Minsk 
authorities reversed their decision and approved the march route from a 
park near the city center to a park on the outskirts of the city. Over 
30,000 demonstrators participated in the march on April 26. According 
to the OSCE AMG, organizers of the march responsible for the sound 
equipment were detained for several hours following the conclusion of 
the demonstration.
    Also on April 26, a small group of demonstrators remained at the 
park after the initiation of the march. According to the OSCE AMG, in 
an ``unwarranted and superfluous show of force,'' special units of the 
militia conducted a ``brutal raid'' on the group in which five 
demonstrators were detained forcibly and violently. The demonstrators 
were later released. On April 27, opposition activist Yury Kuzmitsky 
was sentenced to 5 days' imprisonment for his participation in the 
demonstration under charges of minor hooliganism. Denis Yeryomenko was 
convicted of ``illegal use of flags, pennants, emblems, symbols or 
placards'' for carrying a caricature of Lukashenko. On April 28, Sergei 
Terekhov was sentenced to 3 days' imprisonment for ``speaking of the 
President in foul language'' at the demonstration.
    In Mogilev on April 26, over 100 demonstrators marched in an 
unsanctioned demonstration commemorating the Chernobyl disaster. 
Anatoly Fyodorov, the local leader of the Belarusian Popular Front, was 
arrested and charged with organizing an unsanctioned demonstration. On 
May 1, in Mogilyev, dozens of opposition activists and 13 journalists 
were arrested when they attempted to stage a counter-demonstration to 
the officially sanctioned pro-Lukashenko rally held in the town square. 
Four organizers of the demonstration were later prosecuted for 
organizing an unsanctioned demonstration.
    On April 28, the Minsk City Executive Committee banned all street 
demonstrations on May 1, Labor Day. The May 1 holiday has been a 
traditional day for pro- and antigovernment demonstrations. The 
opposition Social Democratic Party and the opposition Belarusian Party 
of Communists applied for permission to demonstrate in the center of 
Minsk but were denied. Later, the pro-Lukashenko Communist Party of 
Belarus, headed by the deputy head of the Minsk City Executive 
Committee, was given permission to hold a demonstration in the center 
of Minsk.
    On May 7, the Minsk City Executive Committee banned a rally at 
victory square in the city center, organized by the opposition 
conservative Christian Party to commemorate the 55th anniversary of the 
victory over the Nazis. On May 10, the Minsk City Executive banned the 
opposition Belarusian Social Democratic Party from holding poetry 
readings in Yanka Kupala Park in the city center.
    On May 19, Dimitry Marchuk and Yan Grib, two opposition activists, 
were arrested while demonstrating outside the court house at the 
sentencing of former Prime Minister Mikhail Chigir. (see Section 1.e.). 
The demonstrators, who were chanting ``freedom to Chigir,'' were 
charged with using foul language, detained for several hours, and later 
fined. On May 21, local activists from the Belarusian Social Democratic 
Party demonstrated on the central square in Borisov in support of 
former Prime Minister Chigir. Aleksandr Abramovich, Anton Telezhnikov, 
and Alesya Yasyuk were arrested by local militia and charged with 
organizing an unsanctioned demonstration. Abramovich was sentenced to 
15 days' imprisonment, Telezhnikvo to 10 days imprisonment, and Yasyuk 
was issued a $404 (390,000 rubles) fine (see Section 1.d.).
    On May 30, opposition activists Alexei Balashov and Sergei Garstuk 
were detained by police for hanging a white-red-white flag with a black 
mourning strip on Lenin Square in downtown Brest in commemoration of 
the 53 people killed in a stampede in a Minsk metro station in 1999. 
The activists were detained for several hours and charged with 
violating the law on mass gatherings and assemblies.
    On June 19, Aleksandr Abramovich again was sentenced to 12 days' 
imprisonment for staging an unsanctioned demonstration in Borisov on 
June 15, in which demonstrators chained themselves to a flagpole in 
front of the city government building and demanded the resignation of 
the city executive chairman.
    On June 20, United Civic Party activists Vladimir Romanovsky, 
Galina Goncharik, Lyudmila Bozhok, and Aleksei Rodionov were arrested 
for holding an unsanctioned rally near the Minsk city government 
building to protest the city government's repeated banning of 
opposition demonstrations. Romanovsky later was fined $400 (390,000 
rubles) for organizing the rally. Deputy Chairman of the Minsk City 
Executive Committee, Viktor Chikin, warned the trio that UCP activists 
needed to apply for permission to hold such demonstrations and further 
warned there would be harsher punishment if they continued to violate 
the laws on assembly.
    On July 10, Minsk city authorities banned an annual Catholic 
procession in the center of Minsk commemorating the feast of Corpus 
Christi. The march, which regularly attracted up to 5,000 participants, 
had been held annually since 1991. A second appeal by the organizers 
also was denied. The denial of the march was considered by many human 
rights observers to be part of a larger crackdown on non-Orthodox 
religious groups (see Section 2.c.).
    On July 18, three activists of the Belarusian popular front were 
convicted by a court in Zaslavl, in the Minsk region, and issued 
warnings for ``attempting to organize a meeting with the community'' 
and for ``violating street demonstration regulations'' on July 4. On 
July 4, the activists were attempting to organize an unsanctioned rally 
when they were arrested by police. On July 27, activists of the 
Belarusian Social Democratic Party staged an unsanctioned protest in 
front of the Gomel regional executive committee offices against the 
establishment of a Fascist regime in Belarus. Yekaterina Gorovaya and 
Igor Romanov were arrested by local police and sentenced to 5 and 7 
days' imprisonment, respectively, for organizing an unsanctioned 
demonstration.
    On August 3, Alekandr Abramovich and local activists of the 
Belarusian Social Democratic Party held a rally in the center of 
Borisov to protest authorities efforts to curb dissent and urge 
authorities to resume the supply of hot water in the city. Police 
arrested Abramovich and four others. Abramovich was sentenced to 15 
days' imprisonment for organizing an unsanctioned protest. In the first 
9 months of the year, Abramovich spent over 100 days in detention for 
allegedly violating regulations on assemblies and demonstrations.
    On August 6, local authorities in the town of Byarza, in the Brest 
region, banned the local branch of the Belarusian Popular Front from 
holding a public meeting with town residents. Authorities in nearby 
Belaazyorsk also banned a similar meeting the following day.
    On September 16, human rights and opposition activists staged a 
demonstration in Minsk on the anniversary of the disappearance of 
Victor Gonchar and Anatoly Krasovsky. The demonstrations was banned by 
the city authorities. At the conclusion of the demonstration, 
plainclothes men and uniformed police beat and detained several 
participants, including journalists monitoring the event. Charges 
against the participants later were dropped.
    Prior to the parliamentary elections on October 15, law enforcement 
authorities banned small and large demonstrations across the country 
advocating an election boycott and arrested and fined hundreds of 
activists promoting the boycott (see Section 3).
    The Belarusian authorities increased harassment of homosexuals. On 
February 21, Minsk police raided and closed, without explanation, a 
disco club known as a meeting place for homosexuals. On September 7, 
Minsk city authorities banned a Gay Pride-2000 parade in downtown 
Minsk, scheduled for September 9. On September 7, Minsk authorities 
also closed another night club where festivities were being held to 
mark the opening of the Gay Pride-2000 weekend. In 1999 the Ministry of 
Justice denied registration to country's only lesbian and gay rights 
NGO.
    Authorities provide for freedom of association; however, the 
authorities do not respect and severely restricts this right in 
practice. According to members of parties in opposition to the 
President, authorities frequently deny permission to opposition groups 
to meet in public buildings. Employees at state-run enterprises are 
discouraged from joining independent trade unions (see Section 6.a.). 
The authorities regularly harass members and supporters of opposition 
parties and confiscate leaflets and publications. Officials have warned 
alumni of foreign-sponsored education programs against continued 
affiliation with their programs' sponsoring agencies.
    On January 26, 1999, Aleksandr Lukashenko issued Decree No. 2, 
requiring all political parties, trade unions, and nongovernmental 
organizations to reregister with authorities by July 1. Such public 
associations completed a lengthy reregistration process in 1995. The 
timing of the decree, which increased the scope of operations and 
number of members that organizations would need to demonstrate to 
qualify for reregistration, apparently was intended as a method of 
political intimidation at a time of increased opposition activity. On 
July 1, 1999, regulations that prohibited private organizations from 
using private residences as their legal addresses were announced. In 
view of government control or ownership of many office buildings, the 
regulations had the effect of complicating the reregistration process.
    After the reregistration process had begun, the authorities 
announced that organizations would have to alter their charters to 
indicate recognition of the 1996 Constitution and that the words 
``popular'' or ``national'' could not be used in their titles. On 
December 17, 1999, an amendment to the Law on Public Associations went 
into effect that prohibits political and social organizations from 
using the words ``Belarus,'' ``Republic of Belarus,'' ``national'' or 
``popular'' in their titles. Also in December 1999, Lukashenko signed 
into law a bill on amendments to the Administrative Offenses Code that 
would make any work on behalf of an unregistered NGO punishable by 
fines. Although most of the major political parties and unions that 
applied were allowed to reregister, according to the Assembly of 
Belarusian Prodemocratic NGO's, only 1,268, or 57 percent of the NGO's 
in existence when the reregistration law went into effect were 
reregistered by the summer of 2000. A total of 202 NGO's were rejected 
by the Ministry of Justice for reregistration on various grounds, and 
31 were still in the process of reregistering at year's end.
    On April 11, the Gomel regional court ordered a local association 
for the unemployed, founded in 1992 by human rights monitor Yevgeny 
Murashko, to be closed for failure to comply with the January 1999 
decree on NGO reregistration. On May 16, Malady Front, the youth wing 
of the Belarusian Popular Front, applied for registration under the new 
legislation. On August 17, the Ministry of Justice notified the Malady 
Front that its application was still ``under consideration,'' the 
application later was rejected.
    On July 17, the Francisak Skaryna Belarusian language society (BLS) 
was issued a warning by the Ministry of Justice under Article 28 of the 
Law on Public Associations for misuse of the organization's seal.
    On July 19, the opposition United Civic Party received two written 
warnings from the Ministry of Justice also for misuse of blank forms 
and seals. One warning was issued because the party's e-mail address 
was printed too close to the seal on the party's letterhead. A third 
warning was issued on July 31 to the party for allegedly illegally 
establishing a party cell at a chemical factory. By September the party 
had been issued a total of five warnings. Although two warnings are 
sufficient for the Justice Ministry to close an organization, the 
warnings appeared to be attempts to intimidate and harass opposition 
political organizations, and no attempts had been made to close the 
organizations as a result of these warnings.
    Authorities continued to attempt to limit severely the activities 
of NGO's (see Section 4).
    c. Freedom of Religion.--The Constitution provides for freedom of 
religion; however, the authorities restrict this right in practice. 
Although Article 16 of the 1996 amended Constitution, which resulted 
from an illegal referendum, reaffirms the equality of religions and 
denominations before the law, it also contains restrictive language 
that stipulates that cooperation between the State and religious 
organizations ``is regulated with regard for their influence on the 
formation of spiritual, cultural, and country traditions of the 
Belarusian people.''
    Since his election as the country's president in July 1994, 
Lukashenko has pursued a policy of favoring the Orthodox Church as the 
country's chief religion and harassing other non-Orthodox religions. 
Lukashenko and the authorities encourage a greater role for the 
Orthodox Church. The President grants the Orthodox Church special 
financial advantages that other denominations do not enjoy and has 
declared the preservation and development of Orthodox Christianity a 
``moral necessity.'' On April 30, Lukashenko said on state radio that 
``nobody will disturb our Orthodoxy'' and pledged that the State ``will 
do everything for the Church to be a pillar of support for our State in 
the future.'' In December 1999, Lukashenko said that politicians and 
the Head of State bear responsibility for preserving Christian values, 
for maintaining religious peace in society, and for harmonious 
cooperation between the State and the Church. Lukashenko also said that 
the Church should be more active in promoting the unity of Slavic 
nations because Slavic integration is in the interests of both the 
State and the Church. In 1998 Lukashenko pledged state assistance to 
the Orthodox Church and stressed that Orthodoxy would remain the ``main 
religion.''
    The State Committee on Religious and National Affairs (SCRNA), 
which was established in 1997, categorizes religions and denominations. 
Some are viewed as ``traditional,'' including Russian Orthodoxy, Roman 
Catholicism, Judaism, and Islam (as practiced by a small community of 
ethnic Tatars with roots in the country dating back to the 11th 
century); some are viewed as ``nontraditional,'' including some 
Protestant and other faiths; and some are viewed as ``sects,'' 
including Eastern religions and other faiths. The authorities deny 
permission to register legally at the national level to some faiths 
considered to be nontraditional and to all considered to be sects. 
Without registration it is extremely difficult to rent or purchase 
property in order to hold religious services.
    The authorities deny some minority religious faiths permission to 
register officially and treats them as sects. In 1998 SCRNA official 
Vyacheslav Savitskiy announced that ``11 destructive religious 
organizations, which have been denied registration after expert 
examination, illegally function in the country.'' In April 1999, a 
conference organized by the Orthodox Church and the National Assembly 
discussed the need to introduce legislation to combat ``destructive 
sects'' that operate illegally in the country. More recently the 
authorities continued to deny repeated attempts by the Belarusian 
Orthodox Autocephalous Church (BOAC) to register. Following a raid by 
local police on a private house where a prayer service was being held, 
Ivan Spasyuk, a BOAC priest, went on a hunger strike on November 7, 
1999, in order to protest the authorities' refusal to register his 
parish in the Grodno region. On November 28, 1999, at the urging of his 
family and parishioners, Spasyuk called off the hunger strike. Local 
courts so far have refused to hear appeals made by the BOAC to overturn 
the Lukashenko regime's decision not to register their churches. 
Because of ongoing registration problems, including the inability to 
register a seminary, the BOAC is unable to train a sufficient number of 
priests to meet the growing needs of its parishioners.
    A number of Protestant faiths confront a situation in which they 
are refused registration because they do not have a legal address and 
are refused property that could qualify as a legal address because they 
are not registered. The Full Gospel Pentecostal churches regularly are 
refused registration in this way. Article 272 of the Civil Code states 
that property may only be used for religious services once it has been 
converted from residential use. However, the authorities decline to 
permit such conversion to unregistered religions. Religious groups that 
can not register often are forced to meet illegally or in the homes of 
individual members. Several charismatic and Pentecostal churches have 
been evicted from property they were renting because they were not 
registered as religious organizations. A number of nontraditional 
Protestant and other faiths have not attempted to register because they 
do not believe that their applications would be approved. The 
publication of religious literature for unregistered religions likely 
would be restricted in practice, especially at state-controlled 
publishing houses. However, there were no reports of restrictions on 
the importation of religious literature. State employees are not 
required to take any kind of religious oath or practice elements of a 
particular faith. However, the practice of a faith not viewed to be 
traditional, especially one not permitted to register, could 
disadvantage possible advancement within the bureaucracy or state 
sector.
    Citizens are not prohibited from proselytizing; however, the 
authorities enforce a July 1995 Council of Ministers decree that 
controls religious workers in an attempt to protect Orthodoxy and 
prevent the growth of evangelical religions. A 1997 Council of 
Ministers directive prohibits teaching religion at youth camps. In 
February 1999, the Council of Ministers passed Decree No. 280 which 
expanded upon these earlier regulations. The decree appears to 
stipulate, among other things, that among foreign religious workers, 
only male clergy may engage in religious work upon invitation from a 
religious organization already officially registered, a provision that 
could be invoked to prohibit female religious clergy, such as Catholic 
nuns, from engaging in religious activity. However, this provision has 
not been tested in the courts.
    During the year, the authorities stepped up its efforts to curb the 
role of foreign clergy. In April the Council of Ministers introduced 
changes to its regulations, that allow internal affairs agencies to 
expel foreign clergymen from the country by not extending their 
registration or by denying them a temporary stay permit. Under the new 
regulations, these authorities are allowed to make decisions on 
expulsion on their own or based on recommendations from religious 
affairs councils, regional executive committees, or from the religious 
affairs department of the Minsk City Executive Committee. Appeals to 
judicial bodies are not provided for.
    As part of efforts to curb the influence of foreign clergy, on 
March 18, two law enforcement officials entered the Roman Catholic 
church of the Exaltation of the Holy Cross in Brest, during a church 
service, and arrested Catholic Priest Zbigniew Karolak, a Polish 
citizen, for allegedly violating visa regulations and charged that his 
religious work was ``illegal.'' Regional government officials had 
criticized publicly Karolak for his ``undermining views.'' In addition 
a court in Brest issued warnings to four supporters of Karoljak for 
staging an unauthorized demonstration following the priest's arrest. 
Karolak departed the country in June, following warnings from 
authorities that he would be removed by force if he did not depart the 
country. Subsequent to Karolak's departure, a Brest regional court in 
November overturned the legality of the deportation order and a police 
order barring Karoljack from entering the country for 10 years. In 
February the Belarusian pastor of a Pentecostal church was warned by 
SCRNA authorities that a public sermon was performed in his church by a 
citizen of Ukraine in violation of the law on religion and that a 
future violation of the law would lead to a revocation of his church's 
registration.
    Foreigners generally are prohibited from preaching or heading 
churches, at least with respect to what the authorities view as 
nontraditional faiths or sects, which include Protestant groups. 
Foreign missionaries may not engage in religious activities outside the 
institutions that invited them. One-year validity, multiple-entry, 
``spiritual activities'' visas, which are required officially of 
foreign missionaries, can be difficult to get, even for faiths that 
registered with the authorities and have a long history in the country. 
Foreign clergy or religious workers who do not register with the 
authorities or who have tried to preach without government approval or 
without an invitation from, and the permission of, a registered 
religious organization, have been expelled from the country. Approval 
often involves a difficult bureaucratic process.
    Officially sanctioned newspaper attacks on minority faiths 
increased. For example, on April 19, the Narodnaya Gazetta, a state-
owned and published newspaper, carried an article with the headline 
``The Prospect Looms for Belarus to Become a Protestant Republic, or We 
are Incessantly Being Urged to Deny the Faith of our Ancestors.'' The 
article stated that Protestant groups engage in fanatical rituals, 
including the ritual use of human blood and human sacrifice. The 
article claimed that Protestant groups present a threat to the country 
and urged the Government to take steps to protect Orthodoxy. In a 
similar article in January, state-owned Narodnaya Gazetta criticized 
the leader of the BOAC, Ivan Spasyuk, accusing him of criminal 
activities and characterized the church as the ``spiritual followers of 
Hitler.'' Attacks on Protestant faiths have also appeared on state-
owned television. In November and December, a documentary entitled 
``Expansion'' was aired on state television, which alleged that 
Protestant community carried out fanatical rituals. Protestant pastors 
appealed to the courts to stop the television programs, but they were 
denied.
    Societal anti-Semitism persists, and the Lukashenko regime has done 
little to counter the spread of anti-Semitic literature. In January the 
World Association of Belarusian Jewry and the Human Rights Center 
stated that Lukashenka was anti-Semitic and said that the government 
had refused to establish Jewish schools, help maintain Jewish 
cemeteries and historic monuments, or create memorials to Belarusian 
Holocaust victims. In May the Minsk city court refused to hear an 
appeal brought by Jewish organizations to stop the publishing and sale 
of the book ``War According to Mean Laws,'' published by the Orthodox 
printing house, which, among other anti-Semitic writings, included the 
``Protocols of the Elders of Zion'' and blamed Jews for societal and 
economic problems in the country (see Section 5). There has been a 
noticeable lack of government action in redressing instances of anti-
Semitic vandalism in previous years. In April tax inspectors prohibited 
the central synagogue in Minsk from distributing Matzoh for Passover 
among members of the Jewish community. The tax inspectors reported that 
the synagogue would need to obtain a special license, register as a 
taxpayer, and open a store that would meet certain additional 
requirements, thereby effectively making distribution during the 
Passover celebration impossible.
    d. Freedom of Movement Within the Country, Foreign Travel, 
Emigration, and Repatriation.--According to the Constitution, citizens 
are free to travel within the country and to live and work where they 
wish; however, the authorities restrict these rights in practice. The 
authorities issues internal passports to all adults, which serve as 
primary identity documents and are required for travel, permanent 
housing, and hotel registration.
    In June 1999, the Constitutional Court declared unconstitutional an 
article of the Administrative Code barring enterprises, establishments, 
and organizations from employing persons without a ``propiska'' (pass) 
or the compulsory registration of their residence address. Under 
article 182 of the Administrative Code, employers faced fines for 
giving jobs to persons who had no stamp in their passport indicating 
that their residence and their new place of employment were located in 
the same city or district. However, it remains unclear to what extent 
this court decision actually has affected local security officials. In 
practice the right to choose one's residence remains restricted. In 
November 1999, the Ministry of Internal Affairs announced a three-stage 
program to replace the ``propiska'' system, but there were no reports 
that this program was implemented.
    Official regulations on entry and exit require citizens who wish to 
travel abroad to receive first a ``global'' exit visa in their 
passport, valid for between 1 and 5 years. Once the traveler has these 
documents, the law does not restrict travel. The authorities have 
delayed issuing ``global'' exit visas to some opposition activists in 
an effort to hinder their political activity abroad.
    Following the dissolution of the Supreme Soviet in 1996, the 
Lukashenko regime took measures aimed at limiting the travel of 
opposition politicians who refused to submit to the legislature created 
by the November 1996 referendum. Parliamentarians who did not join the 
new legislature could no longer travel on their diplomatic passports, 
despite the fact that these individuals had been assured that they 
would retain their status as deputies until their terms of office 
expired. Although their diplomatic passports were not confiscated, the 
border guards reportedly had a blacklist of opposition members who were 
to be denied exit from the country if they used a diplomatic passport. 
Subsequent to the 1997 refusal by border guards to allow former Supreme 
Soviet Chairman Stanislav Shushkevich and Parliamentary Deputy Anatoly 
Lebdeko to travel abroad on their diplomatic passports, a number of 
members of the former Supreme Soviet have either acquired regular 
passports and have been allowed to travel abroad or have departed from 
Russia using their Belarusian diplomatic passports. The Government has 
delayed issuing passports to several opposition politicians, sometimes 
for several months, in an effort to restrict their travel abroad for 
political activities.
    According to official data, the State did not deny any citizen 
permission to emigrate. However, legislation restricting emigration by 
those with access to ``state secrets'' remained in effect, and any 
citizen involved in a criminal investigation also was ineligible to 
emigrate. Prospective emigrants who have been refused the right to 
emigrate may appeal to the courts.
    The Constitution gives aliens and stateless persons the same rights 
as citizens, except in cases established by law, international 
agreement, or the Constitution. The Constitution also allows the state 
to grant refugee status to persons who were being persecuted in other 
states for their political and religious convictions, or because of 
nationality. There is no law on first asylum, nor has it signed 
readmission agreements with any of its neighboring states.
    The authorities cooperate with the U.N. High Commissioner for 
Refugees (UNHCR) and other humanitarian organizations in assisting 
refugees. In 1997 the authorities implemented for the first time the 
1995 law on refugees, granting refugee status to a group of Afghans. 
The UNHCR reported that throughout the year, 169 applications were 
submitted for refugee status and 219 applications were rejected at the 
registration stage. The Deputy Minister of Labour told journalists in 
July that 2,000 aliens applied for refugee status in Belarus since 1997 
and 385 applications were approved. Of the 385 applicants 294 were from 
Afghanistan. The Ministry reported that illegal aliens in the country 
were estimated to number between 150,000 and 200,000 during the year.
    The UNHCR noted in its July report that the Minsk city and Minsk 
region migration services regularly refuse to accept illegally arriving 
new refugee applicants and instruct such persons to apply with 
migration authorities in other regions. Regional migration services 
also continued to deny registration of refugee applications for refugee 
status of those asylum seekers who came though countries considered as 
safe (mainly Russia).
    The UNHCR had no reports of any case of bona fide refugees being 
forced to return to countries in which they feared persecution.

Section 3. Respect for Political Rights: The Right of Citizens to 
        Change their Government.
    The Lukashenko regime severely limits the rights of citizens to 
change their government. In October parliamentary elections occurred 
for the first time since the disputed referendum of 1996. The elections 
followed a year of intense domestic and international activity that 
sought to create conditions for democratic elections. According to 
OSCE/ODIHR, these elections failed to meet international standards for 
democratic elections. In particular the elections fell far short of 
meeting the minimum commitments for free, fair, equal, accountable, and 
transparent elections. Despite some minor improvements since previous 
elections, the process remained seriously flawed.
    In the October election, 769 candidates were nominated for the 110 
seats. Of the 769, 551 were eventually registered by the District 
Election Commissions (DEC's). The Government severely restricted public 
participation on the electoral commissions. The Central Election 
Commission (CEC) accepted 23 more, who appealed their initial rejection 
by the DEC's and the Supreme Court accepted the appeals of 5 
individuals who were rejected by the CEC. A total of 578 candidates 
ultimately registered, 11 later withdrew, and one had his registration 
cancelled. Candidate registration procedures were abused systematically 
to prevent undesirable candidates, especially those opposed to the 
regime. Campaign activities were regulated excessively and heavily 
biased state-controlled media severely limited candidates access to the 
media and voter choice. Political coverage during the election period 
in both the electronic and print media was dominated by the president 
and executive branch. During the election, provisions for early voting, 
mobile ballot boxes, vote counting and the aggregation of results fell 
far short of minimum transparency requirements for independent 
verification. There were widespread reports of citizens employed in 
state enterprises, students and teachers, and those in the military 
being forced to vote or risk losing their position. Voter turnout in 
many constituencies fell below the required 50 percent threshold, but 
electoral authorities falsified and amended voter lists to raise 
turnout to the required minimum.
    Numerous rallies and boycotts were held throughout the campaign; 
some were peaceful, and others were disrupted by government authorities 
(see Section 2.b.). During the election campaign, coverage of politics, 
including the election was very limited. Political coverage in both the 
electronic and print media was dominated by the President and executive 
branch.
    The possibilities of electoral choice had been limited severely by 
earlier changes promulgated by Lukashenko in the country's initially 
democratic constitution. In November 1996, the executive branch 
conducted a controversial constitutional referendum that was neither 
free nor fair, according to credible international observers, including 
representatives of the European Union and the OSCE. Many members of 
Parliament and of the Constitutional Court actively opposed 
Lukashenko's proposals for both substantive and procedural reasons. The 
justices asserted that the referendum gave Lukashenko control over the 
legislative and judicial branches of Government and extended his term 
in office. They also criticized it on procedural grounds as an 
unconstitutional means to eliminate the Constitution's checks and 
balances and grant the President virtually unlimited powers.
    In the period leading up to the referendum, opponents of 
Lukashenko's proposals were denied access to the media, election 
officials failed to record the names of early voters, and no texts of 
the proposed Constitution were made available to voters until several 
days after citizens began voting. As a result of these irregularities, 
the head of the Central Election Commission (CEC) announced prior to 
the event that he would not be able to certify the results of the 
referendum. Lukashenko promptly fired him, although the Constitution in 
force at the time gave the Parliament the exclusive authority to 
appoint and dismiss the CEC chairman. Members of the security forces 
forcibly removed the head of the CEC from his office. Shortly 
thereafter Prime Minister Mikhail Chigir resigned in protest at 
Lukashenko's refusal to cancel the widely criticized referendum.
    Most members of the international community chose not to send 
election monitors to observe the referendum because of the illegitimacy 
of the entire process. International human rights organizations 
protested the conduct of the referendum.
    The Constitutional Court formally ruled that the issues posed in 
Lukashenko's referendum could not be decided legally through a 
referendum and that its results should be purely advisory, consistent 
with the Constitution. However, after winning the referendum--according 
to the authorities' own official count--Lukashenko began to implement 
it immediately. The new Constitution established a bicameral 
legislature. Its 110 member house was formed out of the membership of 
the existing Supreme Soviet; deputies volunteered or were lured by 
promises of free housing and other benefits to serve in the body. The 
64-member upper house was created by a combination of presidential 
appointments and elections by the 6 regional or oblast councils and the 
Minsk city council. The transition left 86 electoral districts 
underrepresented because the new Constitution reduced the number of 
representatives, and also because a full Supreme Soviet had never been 
seated, largely due to the executive branch's restrictive intervention 
in the 1995 parliamentary elections.
    On August 31, 1999, legislative amendments to the 1996 Referendum 
Law, which the OSCE AMG declared were not in accordance with 
international standards, came into force. The amended law provides that 
referendums may be initiated by the President, the President's National 
Assembly, or 450,000 signatories of a petition--including a minimum of 
30,000 in the City of Minsk and in each of the country's six oblasts. 
The law makes 10 percent of all signatures subject to verification, and 
all signatures may be invalidated if the commission finds just 1 
percent (4,500 signatures) to be faulty. It also gave the President the 
prerogative to decide on the validity of referendum results.
    Women are underrepresented in government and politics, although 
there are no legal restrictions on their participation. With the 
exception of the judiciary, social barriers to women are strong, and 
men hold virtually all of the leadership positions. In the legislature, 
women held 10 of 97 seats in the lower house and 19 of 62 in the upper 
house. The deputy chair of the upper house is a woman. The Minister of 
Social Security is the only female member of the Council of Ministers. 
The head of the Government's Central Election Commission also is a 
woman.

Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights.
    Several domestic human rights groups are active in the country; 
however, members of domestic human rights groups reported that the 
authorities hindered their attempts to investigate alleged human rights 
violations. The authorities monitored NGO correspondence and telephone 
conversations. It also attempted to limit severely the activities of 
NGO's through a time consuming reregistration process, denial of 
registration, questionable tax audits, and other means (see Section 
2.b.).
    On May 20, the Minsk office of the Association for Legal Assistance 
to the Population, a local NGO providing legal assistance to opposition 
activists and the families of persons who have disappeared, was robbed 
under suspicious circumstances. Computers with files related to the 
investigation of the disappearance of former Interior Minister Yury 
Zakharenko, among other items, were stolen (see Section 1.b.). Most 
human rights observers believed that the robbery was perpetrated by 
members of the security services. On May 29, in a similar incident, the 
offices of the Human Rights Center, headed by human rights lawyer Vera 
Stremkovskaya, was burglarized, and files of human rights violations 
stolen. There were no reports that authorities made credible efforts to 
investigate these incidents.
    On August 26, the Ministry of Justice issued a warning to the Human 
Rights Center for using unregistered symbols. It issued similar 
warnings to other influential local human rights organizations, 
including Viasna (Spring), the Belarusian Helsinki Committee, and 
Charter '97. On August 27, the Youth Organization Civic Forum was 
issued a warning for printing an article about poor living conditions 
at university dormitories in its newspaper. Civic Forum previously was 
issued two warnings for misuse of symbols. These warnings were part of 
an overall effort by authorities to hinder the work of human rights 
organizations critical of the Lukashenko regime.
    The country's poor human rights record continued to draw the 
attention of many international human rights organizations. In general 
the authorities have been willing to discuss human rights with 
international NGO's whose members have been allowed to visit the 
country; however, the authorities have increased its harassment of 
international NGO's working in the country. One way in which the 
authorities regularly harassed NGO's was through taxes. In February the 
International Research and Exchanges Board (IREX) Pro Media office, an 
international NGO working on freedom of media issues, reported a 
pattern of harassment from the tax police, involving independent media 
outlets with which it was working: Some organizations working with 
IREX/Pro Media were fined or had their bank accounts frozen. Tax 
authorities have seized the Foundation's Magic Printing Press as well 
(see Section 2.a.).
    On May 31, an employee of the Belarus office of a Western legal NGO 
foiled an attempted burglary of its Minsk office. When asked to provide 
identification, one of the three burglars claimed that they represented 
official law enforcement agencies. Although the local police were 
contacted, they refused to provide assistance, and no further 
investigation into the incident was made by the authorities. The NGO 
believes the burglary attempt was connected to their efforts to advise 
and support human rights and rule of law projects. In 1998 after 
protracted negotiations, the authorities approved the opening in Minsk 
of the OSCE's AMG office. Although the authorities often have 
disregarded OSCE intervention on human rights cases and its advice on 
draft legislation, the OSCE's presence in Minsk provides a potentially 
important forum for dialog on these issues. In September 1999, through 
OSCE-brokered meetings initiated by the OSCE Parliamentary Assembly's 
Belarus ad hoc committee Chairman Adrian Severin, government and 
opposition representatives began a dialog to try to resolve the 
country's ongoing constitutional and political crisis. By the end of 
1999, the process had been brought to a standstill and in February 1999 
the Lukashenko regime withdrew from the dialog and created a sham 
sociopolitical dialog with handpicked proregime NGO's. The new dialog 
likewise did not produce any results. On March 25, while observing an 
opposition demonstration in Minsk (see Section 2.b.), an officer of the 
OSCE AMG was arrested forcibly and detained for several hours, despite 
the fact that he clearly identified himself as a diplomatic observer 
and claimed diplomatic immunity.

Section 5. Discrimination Based on Race, Sex, Religion, Disability, 
        Language, or Social Status.
    The Constitution states that all citizens are equal before the law 
and have the right, without any discrimination, to equal protection of 
their rights and legitimate interests. However, the Constitution does 
not prohibit specifically discrimination based on factors such as race, 
sex, or religion. The Law on Citizenship, grants citizenship to any 
person living permanently on the territory of the country as of October 
19, 1991. Those who arrived in the country after that date and wish to 
become citizens are required to submit an application for citizenship, 
take an oath to support the Constitution, have a legal source of 
income, and have lived in the country for 7 years.
    Women.--Although statistics are not available, domestic violence, 
including spousal abuse against women, is a significant problem, 
according to women's groups. However, spousal abuse is punishable under 
the Criminal and Administrative Codes.
    Non-severe beating is punishable by a fine or up to 15 days 
imprisonment. More serious offenses are punishable under the Criminal 
Code by up to 15 years in jail. Women's groups indicate that police 
generally are not hesitant to enforce the laws against domestic 
violence, and that the courts are not reluctant to impose sentences. 
The main problem is a general reluctance among women to report 
instances of domestic violence. Violence against women was not the 
subject of extensive media coverage, marches, or demonstrations during 
the year.
    Although the authorities and local human rights observers report 
that prostitution does not yet appear to be a significant problem in 
the country, there is much anecdotal evidence that it is growing. Local 
street prostitution appears to be growing as the economy deteriorates, 
and prostitution rings operate in state-owned hotels. Young women 
seeking to work or travel abroad also are vulnerable to sexual 
exploitation. The Ministry of Internal Affairs claims that very few 
women are deported back to the country for engaging in prostitution; 
however, it acknowledges that Russian criminal organizations may 
actively try to recruit and lure Belarusian women into serving as 
prostitutes in Western Europe and the Middle East. Trafficking in women 
is a growing problem (see Section 6.f.).
    Sexual harassment reportedly is widespread, but no specific laws 
deal with the problem other than laws against physical assault.
    The law requires equal wages for equal work; however, such is not 
always the case in practice. Women have significantly fewer 
opportunities for advancement to the upper ranks of management. Women 
report that managers frequently take into consideration whether a woman 
has children when considering potential job candidates. At a roundtable 
on April 20 on ``The Problem of the Trade in Women in Belarus,'' it was 
reported that the average length of unemployment for women was 18.4 
months versus 5 months for men. In 1999 the Government reported that 
approximately 64 percent of those considered to be long-term unemployed 
are single mothers.
    The level of education of women is higher than that of men. Women 
make up approximately 58 percent of workers with a higher education and 
approximately 66 percent of workers with a specialized secondary 
education. In these sectors, between two-thirds and three-fourths of 
employees (mostly women) live beneath the official poverty level. Women 
legally are equal to men with regard to property ownership and 
inheritance.
    Women's groups are active; most focus on issues such as child 
welfare, environmental concerns (in the aftermath of Chernobyl), and 
the preservation of the family. There is an active women's political 
party. A private university in Minsk established the country's first 
gender studies faculty in 1997.
    Children.--The authorities are committed to children's welfare and 
health, particularly as related to consequences of the nuclear accident 
at Chernobyl, and, with the help of foreign donors, tried to give them 
special attention. By law everyone is entitled to health care, 
including children. There does not appear to be any difference in the 
treatment of girls and boys. Children begin school at the age of 6 and 
are required to complete 9 years, although the authorities make 11 
years of education available at no cost and began to develop a 12-year 
education program. Higher education also is available at no cost on a 
competitive basis. Families with children receive token government 
benefits, such as discounted transportation. According to a 1999 World 
Bank study, the majority of those living in poverty are families with 
multiple children or single mothers.
    As part of the Lukashenko regime's efforts to promote a union with 
Russia and to reduce the influence of opposition movements, the 
authorities continued to discourage the promotion of, or the teaching 
of, students in the Belarusian language by limiting the availability of 
early childhood education in Belarusian. In its June report, the 
Belarusian Helsinki Committee reported that only 30 percent of students 
in primary schools are instructed in Belarusian. In Minsk only 11 of 
the 242 middle schools teach in the Belarusian language. In other 
regional cities, the numbers were significantly lower. The authorities 
continued to claim that the only schools that have been closed which 
taught in the Belarusian language are those that experienced 
diminishing enrollment.
    There does not appear to be a societal pattern of abuse of 
children.
    People with Disabilities.--A 1992 law mandates accessibility to 
transport, residences, businesses, and offices for the disabled; 
however, facilities, including transport and office buildings, often 
are not accessible to the disabled. The country's continued difficult 
financial condition makes it especially difficult for local governments 
to budget sufficient funds to implement the 1992 law. The central 
authorities continue to provide some minimal subsidies to the disabled. 
However, continued high inflation and sharp decline in the value of the 
ruble greatly reduced the real worth of those limited subsidies.
    Religious Minorities.--Societal anti-Semitism exists but usually is 
not manifested openly, although antiminority faith sentiments are 
rising (see Section 2.a.). In the past, Lukashenko and other officials 
have used coded anti-Semitic language in their attacks on perceived 
opponents.
    No arrests were reported in the April 1999 arson attack on the 
synagogue in Minsk or in a number of cases of desecration of Jewish 
cemeteries in 1997 and 1998. Some instances of vandalism appeared to be 
related to anti-Semitism. On May 11, the Minsk city court upheld the 
dismissal by an inferior court of a suit filed by Jewish organizations 
and individuals against the authors and publishers of the book ``The 
War According to Mean Laws.'' The book published by the Orthodox 
Initiative and distributed in Orthodox bookstores, includes the 
``Protocols of the Elders of Zion'' and other anti-Semitic articles and 
blames Belarusian Jews for social and economic problems in the country. 
A Minsk district court ruled in March that the book contained 
``scientific information'' and dismissed the suit. The Union of 
Belarusian Jewish Associations and Communities and the World 
Association of Belarusian Jews, both of which joined in the suit, 
consider the book anti-Semitic and punishable under the Criminal Code 
for inciting religious and ethnic hatred (see Section 2.c.). On 
December 27, unidentified assailants threw firebombs at a synagogue in 
Minsk. A security guard was able to extinguish the fire before serious 
damage occurred. No progress has been reported on the incident.
    Action by the authorities has been noticeably lacking in redressing 
instances of anti-Semitic vandalism in previous years. According to the 
Anti-Defamation League and the World Jewish Congress, a number of 
small, ultra-nationalist organizations operate on the fringes of 
society, and a number of newspapers regularly print anti-Semitic 
material. One of these newspapers, Slavianskaia Gazeta, although 
distributed locally, reportedly was published in Moscow. Anti-Semitic 
material from Russia also circulates widely.
    Many persons in the Jewish community remain concerned that the 
Lukashenko regime plans to promote greater unity with Russia may be 
accompanied by political appeals to groups in Russia that tolerate or 
promote anti-Semitism. Lukashenko's calls for ``Slavic solidarity'' are 
well received and supported by anti-Semitic, neo-Fascist organizations 
in Russia. For example, the organization, Russian National Unity, has 
an active local branch. Its literature is distributed in public places 
in Minsk. The concept of a ``greater Slavic union,'' the leadership of 
which Lukashenko seeks, is a source of concern to the Jewish community 
given the nature of support that it engenders.
    The country's small Muslim community, with roots in the country 
dating to the Middle Ages, does not report significant societal 
prejudice. However, on August 9, 1999, the Slonim mosque--the first 
mosque to open in the country during the last 60 years--was vandalized 
just prior to the holding of a Tatar youth convention in the city. The 
are no further developments on the investigation of the incident.
Section 6. Worker Rights
    a. The Right of Association.--The Constitution upholds the right of 
workers, except state security and military personnel, to form and join 
independent unions on a voluntary basis and to carry out actions in 
defense of worker rights, including the right to strike; however, these 
rights are not respected in practice. The independent trade union 
movement still is in its infancy. The Belarusian Free Trade Union 
(BFTU) was established in 1991 and registered in 1992. Following the 
1995 Minsk metro workers strike, the President suspended its 
activities. In 1996 BFTU leaders formed a new umbrella organization, 
the Belarusian Congress of Democratic Trade Unions (BCDTU), which 
encompasses 4 leading independent trade unions and is reported to have 
approximately 15,000 members.
    The authorities have taken numerous measures to suppress 
independent trade unions. Members of independent trade unions, were 
arrested for distributing union literature, had union material 
confiscated, were denied access to work sites, were subjected to 
excessive fines, and were pressured by their managers and state 
security services to resign from their jobs because of trade union 
activities. Although the BFTU later was registered, its local unions 
were denied registration by local authorities in many towns, including 
Bobruisk, Grodno, Mogilev, and Orsha among others. In the Brest Oblast, 
only 5 of 12 local unions of the BFTU were registered by June, and in 
numerous instances union activists and members were fired, without 
cause, for their union activities.
    On January 26, 1999, Lukashenko signed Decree No. 2 ``On certain 
Measures to Improve the Activities of Political Parties, Trade Unions, 
and Other Public Associations Activities,'' which among other 
requirements, requires trade unions to have a minimum of 10 percent of 
the workers of an enterprise in order to form and register a local 
union. The Decree also obliged existing registered unions to reregister 
and meet the new requirements. Free trade union leaders reported that 
this decree has had the effect of making registration, and therefore 
union activities, nearly impossible in many of the larger state-owned 
enterprises. Some local unions have been denied registration under this 
decree.
    In February the management of the Mogilev Automobile Factory (MAZ) 
unilaterally suspended its collective bargaining agreement with the 
local union of the BFTU, evicted the organization from its office, and 
confiscated office equipment. Several BFTU activists were dismissed by 
MAZ management in connection with their union activities.
    The authorities continue to discourage employees at state-run 
enterprises from joining independent trade unions. In July 1999, 
Lukashenko signed Decree No. 29 on ``Tightening Labor Discipline.'' The 
decree, which has as one of its aims the placement of all workers on 
individual rather than collective contracts, was criticized heavily by 
both independent and official union leaders, who believe that it was 
designed principally to enable the Presidential Administration to 
increase its control over the labor sector.
    The Official Federation of Trade Unions of Belarus (FTUB), formerly 
the Belarusian branch of the Soviet Union's All-Union Central Council 
of Trade Unions, consists of approximately 4.5 million workers 
(including retirees) and is by far the largest trade union 
organization. According to official union federation figures, 92 
percent of the workforce is unionized. Although wary in the past of 
challenging the regime seriously, some FTUB leaders have become 
increasingly vocal in their criticism of the policies of the Lukashenko 
regime. In retaliation the Government has subjected some FTUB officials 
to threats and harassment.
    On July 20, the Presidential Administration released a statement 
condemning ``attempts by some union leaders to thrust a groundless 
thesis that the Government violates unions' rights upon Belarusian 
public opinion and the international community.'' The statement accused 
unions of engaging in ``political activities . . . which cause direct 
damage to the labor movement and aggravates the socioeconomic problems 
of society.'' In a July 27 speech to an agriculture conference, 
Lukashenko criticized the trade unions, the FTUB, and FTUB President 
Goncharik personally, for a ``lack of constructive activity'' and 
blamed them for the loss of trade privileges with another country. On 
July 31, as part of the authorities' campaign of harassment of the 
FTUB, FTUB bank accounts were frozen following an unexplained 
investigation of the union's records by the state committee for 
financial investigations. FTUB accounts were frozen again on September 
28 by tax authorities conducting an unspecified investigation. The 
account later was released. In an October 11 speech to the FTUB 
Congress, Prime Minister Yermoshyn told trade union leaders to ``stop 
agitating people and get to work'' and accused the FTUB of engaging in 
politics rather than focusing on the needs of workers.
    During the year, members of the Independent Trade Union of Belarus 
faced continual pressure at their workplace to join state unions or 
lose their jobs. Typically members of the Union smuggled copies of the 
newspaper Rabochi into their workplace under their clothing. On 
December 16, police detained 7 members of the Interdependent Trade 
Union of Steel Workers and confiscated 3,000 copies of Rabochi outside 
the entrance to the Minsk Automobile Plant.
    On September 14, FTUB members reportedly were pressured by the 
management of Dzerzhinsky, a subsidiary of the state-owned electronics 
manufacturer Integral, to break with their union and join a management-
established and -run union. The FTUB reported that union members at 
other Integral plants have been similarly threatened. Under reported 
pressure from management and government authorities, employees at 
Tsvetotron, a state electrical equipment factory, voted to quit the 
union of electrical workers, a member of the FTUB.
    Tight control by the Lukashenko regime over public demonstrations 
(see Section 1.d. and 2.b.) makes it difficult for unions to strike or 
to hold public rallies to further their objectives. For example, a 
demonstration planned for November 15, organized by workers of the 
Minsk Tractor Works and the Minsk Engine Works to protest low pay and 
wage arrears was banned. Other demonstrations similarly were banned 
throughout the year. A strike organized by market vendors and 
entrepreneurs in February against new tax regulations, although 
ultimately successful, was marred by numerous arrests, confiscation of 
union literature, and anti-strike pressure from local officials. Market 
vendors staged a similar strike on November 23. Union members sometimes 
undertook work stoppages, usually in response to late payment of wages.
    On July 3, noting that the authorities failed to respect the rights 
of workers, suppressed trade union rights and harassed union leaders, 
and that the authorities had not taken sufficient steps to conform to 
internationally recognized labor rights, a foreign government suspended 
the country's trade benefits.
    b. The Right to Organize and Bargain Collectively.--Legislation 
dating from the Soviet era provides for the right to organize and 
bargain collectively. Some analysts believe that the presidential 
decree on labor discipline (see Section 6.a.), which aims at placing 
all workers on individual rather than collective contracts, could 
significantly threaten the principle of collective bargaining. Since 
the economy still is largely in the hands of the State, unions usually 
seek political redress for the economic problems. Workers and 
independent unions have recourse to the court system. The authorities 
and state-owned enterprises have hindered the ability of workers to 
bargain collectively and, in some instances, arbitrarily suspended 
collective bargaining agreements (see Section 6.a.).
    There are no export processing zones.
    c. Prohibition of Forced or Compulsory Labor.--The Constitution 
prohibits forced labor, except in cases when the work or service to be 
performed is fixed by a court's decision or in accordance with the law 
on the state of emergency or martial law; however, there were some 
reports of forced labor. For example, on July 12, town authorities in 
Ivatsevichy, in the Brest region, sent letters to local industrial 
enterprises and state institutions ordering them to increase the 
``voluntary'' participation of their employees in harvesting of 
livestock fodder by 20 percent. Workers who refused to ``volunteer'' 
for the harvest were ordered to pay a fine of $5 (5,000 rubles) or 
approximately 15 percent of their average monthly salary. The order had 
the effect of forcing local individuals to work in the fodder harvest. 
The constitutional provision prohibiting forced or bonded labor applies 
to all citizens, although its application to children is not specified. 
With the possible exception of juvenile prisoners, forced and bonded 
labor by children is not known to occur.
    d. State of Child Labor Practices and Minimum Age for Employment.--
The law establishes 16 as the minimum age for employment. With the 
written consent of one parent (or legal guardian), a 14-year-old child 
may conclude a labor contract. The Prosecutor General's office 
reportedly enforces this law effectively. The constitutional provision 
prohibiting forced or bonded labor applies to all citizens, although 
its application to children is not specified.
    e. Acceptable Conditions of Work.--Real wages improved slightly 
over the last year to approximately $40 (48,000 rubles) to $60 (72,000 
rubles) a month. The minimum wage of $3 (3,600 rubles) a month does not 
provide a decent standard of living for a worker and a family. 
Agriculture workers are paid approximately 39 percent less than the 
average monthly wage. The country's continuing economic problems make 
it difficult for the average worker to earn a decent living. Major wage 
arrears continued to grow, especially in the agricultural sector.
    The Constitution and Labor Code set a limit of 40 hours of work per 
week and provide for at least one 24-hour rest period per week. Because 
of the country's difficult economic situation, an increasing number of 
workers find themselves working considerably less than 40 hours per 
week. Factories reportedly often require workers to take unpaid 
furloughs due to shortages of raw materials and energy, and a lack of 
demand for factory output.
    The law establishes minimum conditions for workplace safety and 
worker health; however, these standards often are ignored. Workers at 
many heavy machinery plants do not wear even minimal safety gear, such 
as gloves, hard hats, or welding glasses. A State Labor Inspectorate 
exists but does not have the authority to enforce compliance, and 
violations often are ignored. The high accident rate is due to a lack 
of protective clothing, shoes, equipment, nonobservance of temperature 
regulations, the use of outdated machinery, and inebriation on the job.
    On January 4, Aleksandr Lukashenko issued a new decree, despite the 
protests of independent trade unions, lowering the level of disability 
allowances paid by the State or state enterprises in the result of 
workplace injuries. Under the decree, industrial injury suits also are 
to be covered by the Civil Code, rather than the Labor Code. 
Independent union leaders believe workplace injuries should be reviewed 
under the Labor Code, under which compensation is more generous. There 
is no provision in the law that allows workers to remove themselves 
from dangerous work situations without risking loss of their jobs.
    f. Trafficking In Persons.--There is no specific law against 
trafficking in women. The authorities are just beginning to recognize 
the problem of trafficking in women. In 1999 a Board of Morals and 
Illegal Distribution of Drugs was created by the Ministry of Interior, 
but the work has been hardly efficient. In partnership with the U.N. 
Development Program (UNDP), the Gender Information and Policy Center 
(GIPC) was established by the Ministry of Social Welfare which also 
deals with this issue. The country is both a source and transit point 
for women and girls being trafficked to Central and Western Europe for 
purposes of prostitution. Information from such scattered destinations 
as the Netherlands, Lithuania, and Bosnia, refer to Belarus among the 
source countries for women being trafficked to or through their 
countries, and other anecdotal evidence suggests that the Russian Mafia 
is active in trafficking young women, who end up as prostitutes in 
Cyprus, Greece, Israel, and Western Europe. The Ministry of Internal 
Affairs acknowledges that Russian criminal organizations actively may 
try to recruit and lure women into serving as prostitutes in Western 
Europe and the Middle East.
    Women seldom report incidences of trafficking to police because of 
a generally negative public opinion about law enforcement authorities, 
shortcomings in legislation, and the insufficient protection of victims 
and witnesses.
    In April a seminar was held in cooperation with the Ministry of 
Interior and NGO's in which NGO's elaborated on programs devoted to 
warning the public about the problem. The Belarus Young Christians 
Women Association (BYCWO) implements a project aimed at informing women 
of the risks associated with employment abroad and the minimization of 
possible dangers for women. No information is available on state or 
non-governmental initiatives to help victims return to their countries. 
Crisis centers established by some NGO's do provide psychological 
assistance to victims of violence. Such centers, however, do not have 
specialists dealing with victims of trafficking.
                               __________

                                BELGIUM

    Belgium is a parliamentary democracy with a constitutional monarch 
who plays a mainly symbolic role. The Council of Ministers (Cabinet), 
led by the Prime Minister, holds office as long as it retains the 
confidence of the lower house of the bicameral Parliament. Belgium is a 
federal state with several levels of government, including national, 
regional (Flanders, Wallonia, and Brussels), and community (Flemish, 
Francophone, and German) levels. The judiciary is independent.
    The Government maintains effective control of all security forces. 
The Police Judiciaire and the Gendarmerie currently share 
responsibility for internal security with the municipal police, but the 
two organizations are to be merged at the federal level, and the 
Gendarmerie and municipal police are to be integrated at the local 
level under a reorganization plan scheduled to be implemented in 2001.
    The country is highly industrialized, with a vigorous private 
sector and limited government participation in industry. The primary 
exports are iron and steel. The economy provides a high standard of 
living for most citizens.
    The Government generally respected the human rights of its 
citizens, and the law and the judiciary provide effective means of 
dealing with individual instances of abuse. The Government is taking 
steps to combat violence against women and 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 law prohibits such practices, and there were no 
reports that officials employed them.
    In addition to the integration of the police forces, a 
reorganization plan calls for the creation of an independent oversight 
body for the federal police and also for the creation of a new 
anticorruption unit.
    Prison conditions vary. Newer prisons meet international standards. 
Older facilities meet or nearly meet minimum international standards 
despite their Spartan physical conditions and limited resources. In 
August the prison system, designed to hold some 7,500 prisoners, held 
8,395. The Government instituted a pilot project intended to reduce 
overcrowding in prisons by using electronic surveillance at home for 
prisoners near the end of their sentences.
    The Government permits prison visits by human rights monitors.
    d. Arbitrary Arrest, Detention, or Exile.--The law prohibits 
arbitrary arrest and detention, and the Government observes these 
prohibitions. Arrested persons must be brought before a judge within 24 
hours. Pretrial confinement is subject to monthly review by a panel of 
judges, which may extend pretrial detention based on established 
criteria (e.g., whether, in the court's view, the arrested person would 
be likely to commit further crimes or attempt to flee if released). 
Bail exists in principle under the law but is granted rarely. The 
Government does not separate convicted criminals and pretrial 
detainees. Pretrial detainees receive different privileges from 
convicted criminals, such as the right to more frequent family visits. 
Approximately 40 percent of the prison population consists of pretrial 
detainees. Arrested persons are allowed prompt access to a lawyer of 
their choosing or, if they cannot afford one, to an attorney appointed 
by the State.
    In July the Government came under intense criticism for the 
detention of Fehriye Erdal, a Kurdish woman accused of involvement in a 
terrorist attack in Turkey in which a prominent businessman was killed. 
Erdal was arrested in Knokke in October 1999 and charged with weapons 
violations. The Government refused the Turkish Government's extradition 
request for Erdal because of the possibility that she could face the 
death penalty in Turkey. The Government also refused to try her on the 
terrorism charges in Belgium because of a technicality in the 
international agreement requiring such action. After a month-long 
hunger strike, Erdal was released from prison in August and placed 
under house arrest pending a trial on the weapons charges. The trial 
was not expected to begin until early 2001.
    In June over 800 British football fans were arrested for disturbing 
the peace during outbreaks of hooliganism at the Euro 2000 soccer 
championship. Most were deported immediately to the United Kingdom but 
five were held for trial under the new summary trial act (see Section 
1.e.). Credible reports indicate that some innocent bystanders were 
caught up in the police action and held incommunicado for as long as 36 
hours without adequate food or water.
    The law prohibits exile, and the Government does not employ it.
    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary, and the Government respects this provision in 
practice. The judiciary provides citizens with a fair and efficient 
judicial process.
    The judicial system is organized according to specialization and 
territorial jurisdiction, with 5 territorial levels: Canton (225), 
district (27), provinces and Brussels (11), courts of appeal (5), and 
for the whole Kingdom--the Cour de Cassation. The latter is the highest 
appeals court.
    Military tribunals try military personnel for common law as well as 
military crimes. All military tribunals consist of four officers and a 
civilian judge. At the appellate level, the civilian judge presides. 
The accused has the right of appeal to a higher military court.
    Each judicial district has a Labor Court, which deals with 
litigation between employers and employees regarding wages, notice, 
competition clauses, and social security benefits.
    The judiciary enforces the law's provision for the right to a fair 
trial. Charges are stated clearly and formally, and there is a 
presumption of innocence. All defendants have the right to be present, 
to have counsel (at public expense if needed), to confront witnesses, 
to present evidence, and to appeal.
    As part of an ongoing program of judicial reform, the Government's 
summary trial act became effective on April 1. This act, which covers 
crimes punishable by 1 to 10 years' imprisonment, allows a prosecutor 
to issue an arrest warrant for the immediate appearance in court of an 
offender caught in the act of committing a crime. The warrant expires 
after 7 days and the court must render its verdict within 5 days of the 
initial hearing. The first conviction under this act, against a British 
citizen accused of hooliganism during the Euro 2000 soccer championship 
(see Section 2.b.), was overturned on appeal, and the defendant was 
retried under regular procedures. Several human rights organizations 
claim that summary trial violates the presumption of innocence and 
jeopardizes the right to a full and fair defense. By year's end, the 
courts had not ruled on the legality of the summary trial act.
    In 1999 the Government created a High Council on Justice to 
supervise the appointment and promotion of magistrates. In early 2000, 
the Council formally was instituted, and members were elected. The 
Council is designed to serve as a permanent monitoring board for the 
entire judicial system and is empowered to hear complaints against 
individual magistrates.
    Following a review of the judicial system, the Government 
implemented several reforms that granted stronger rights to victims of 
crime. These measures allow victims to have more access to information 
during an investigation, as well as the right to appeal if an 
investigation does not result in a decision to bring charges. As part 
of its program of judicial reform, the Government undertook to open 
``justice houses'' in each of the 27 judicial districts. These 
facilities combine a variety of legal services under one roof, 
including legal aid, mediation, and victim's assistance. As of 
September, 14 of the proposed justice houses had opened. Personnel at 
some of the justice houses complained publicly about high workloads and 
staffing shortages.
    In 1999 Parliament enacted legislation that further defines crimes 
against humanity, war crimes, and genocide and also imposes penalties 
for such crimes. In 2000, as a result of the new law, the courts became 
a forum for trying alleged human rights violations by high profile 
participants in past and present conflicts in Central Africa, the 
Middle East, and South America.
    There were no reports of political prisoners.
    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The law prohibits such practices, government 
authorities respect these prohibitions, and violations are subject to 
effective legal sanction. However, there were reports that Muslim women 
in traditional dress or headscarves in some cases were subjected to 
discrimination in admission to school (see Section 2.c.).

Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The law provides for these 
freedoms, and the Government respects these rights in practice. An 
independent press, an effective judiciary, and a functioning democratic 
political system combine to ensure freedom of speech and of the press.
    The Government operates several radio and television networks but 
does not control program content. Boards of directors that represent 
the main political, linguistic, and opinion groups supervise programs. 
A government representative sits on each board but has no veto power. 
Private radio and television stations operate with government licenses. 
Almost all homes have access by cable to television from other Western 
European countries and elsewhere. Satellite services are also 
available.
    There are restrictions on the press regarding libel, slander, and 
the advocacy of racial or ethnic discrimination, hate, or violence. A 
1999 law prevents political parties that espouse discrimination from 
receiving federal funds.
    In August in response to a request from the League for Human 
Rights, the Namur district court issued an injunction to halt 
distribution of a subscription-only newsletter that published the names 
of 50 convicted or accused pedophiles. The publisher also was ordered 
to remove the list from his Internet site and pay a fine of $22,200 
(BFr 1 million) for every copy distributed in any form. The court ruled 
that publication of the names constituted an invasion of privacy.
    Academic freedom is respected.
    b. Freedom of Peaceful Assembly and Association.--The law provides 
for freedom of assembly, and the Government respects this provision in 
practice.
    The law provides for freedom of association, and the Government 
respects this provision in practice. Citizens are free to form 
organizations and establish ties to international bodies; however, the 
Antiracism Law (see Section 5) prohibits membership in organizations 
that practice discrimination overtly and repeatedly. In May the Ghent 
appeals court overturned a 1999 district court ruling that the ``Hells 
Angels'' are a private militia and should be disbanded. However, 
several members of the group were convicted of criminal offences.
    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government respects this right in practice. The 
Government does not hinder the practice of any faith. The law accords 
``recognized'' status to Roman Catholicism, Protestantism, Judaism, 
Anglicanism, Islam, and Greek and Russian Orthodoxy, and these 
religions receive subsidies from general government revenues. Taxpayers 
who object to contributing to religious subsidies have no recourse. By 
law each recognized religion has the right to provide teachers at 
government expense for religious instruction in schools, but not all 
avail themselves of this right. For recognized religions, the 
Government pays the salaries, retirement, and lodging expenses of 
ministers and also subsidizes the renovation of church buildings.
    The Government also supports the freedom to participate in 
nonconfessional philosophical organizations (laics). Laics serve as a 
seventh recognized ``religious'' group, and their organizing body 
receives funds and benefits similar to the six recognized religions.
    In spite of Islam's status as a recognized religion, spokesmen for 
the Council of Muslims report that women and girls in traditional dress 
or headscarves in some cases are subjected to discrimination in 
employment and school admissions.
    The lack of independent recognized status generally does not 
prevent religious groups from freely practicing their religions.
    In September 1999, 110 national police officers raided Church of 
Scientology facilities and the homes and businesses of about 20 members 
of the Church. One member's home in France was raided simultaneously by 
the French authorities. At year's end, an investigation continued, and 
no arrests had been made.
    In April the Belgian authorities began refusing visas to 
missionaries of the Church of Jesus Christ of Latter-Day Saints to 
enter the country for missionary work. Similar visas had been processed 
for decades without problems. In July the Ministry of Interior 
instituted temporary procedures designed to ensure the issuance of 
visas to these missionaries and undertook to establish permanent 
procedures by October 2000. At year's end, visas were being issued, 
albeit at a much slower pace than in the past. The Government still had 
not devised new permanent procedures for visa issuance but was 
continuing its talks with church leaders to solve the problem.
    The Evangelical Association (a group of evangelical Christian 
organizations) continued to claim discrimination due to the 
Government's refusal to grant it recognized status separate from the 
Protestant religion. Despite the Government's refusal, it is 
negotiating with the group in an effort to ensure that the Evangelical 
Association enjoys the same benefits as recognized religions. The 
Government is mediating discussions to enable the Evangelical 
Association to obtain representation in the leadership of the 
recognized Protestant church.
    In 1998 Parliament adopted recommendations from a 1997 commission's 
report on government policy toward sects, particularly sects deemed 
``harmful'' under the law. The report divided sects into two broadly 
defined categories: It characterized a ``sect'' as any religious-based 
organization, and a ``harmful sect'' as a group that may pose a threat 
to society or individuals. One of the primary recommendations was to 
create a government-sponsored Center for Information and Advice on 
Harmful Sectarian Organizations. The center began limited operations in 
October 1999 and is now fully operational and open to the public. The 
Government tasks the center with collecting publicly available 
information on a wide range of religious and philosophical groups and 
providing information and advice to the public regarding the legal 
rights of freedom of association, privacy, and freedom of religion. The 
center is authorized to share with the public any information it 
collects on religious sects but, despite its name, the regulations 
prohibit it from categorizing any particular group as harmful. In May 
the Government announced the composition of an interagency coordination 
group designed to work in conjunction with the center to coordinate 
government policy on sects. The coordination group's first meeting was 
held in October. The Government also named a national magistrate and 
one magistrate in each of the 27 judicial district