<DOC>
[108 Senate Committee Prints]
[From the U.S. Government Printing Office via GPO Access]
[DOCID: f:86917.wais]



   108th Congress                                             S. Prt.
                            JOINT COMMITTEE PRINT
    1st Session                                               108-30
_______________________________________________________________________

                                     

 
                    COUNTRY REPORTS ON HUMAN RIGHTS
                           PRACTICES FOR 2002

                                VOLUME I

                               ----------                              

                              R E P O R T

                            SUBMITTED TO THE

                     COMMITTEE ON FOREIGN RELATIONS
                              U.S. SENATE

                                AND THE

                  COMMITTEE ON INTERNATIONAL RELATIONS
                     U.S. HOUSE OF REPRESENTATIVES

                                 BY THE

                          DEPARTMENT OF STATE

     IN ACCORDANCE WITH SECTIONS 116(d) AND 502B(b) OF THE FOREIGN 
                   ASSISTANCE ACT OF 1961, AS AMENDED

                                     
<GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>

                    COUNTRY REPORTS ON HUMAN RIGHTS
                      PRACTICES FOR 2002--VOLUME I

                    U.S. GOVERNMENT PRINTING OFFICE
                             Washington, DC


86-917                      
____________________________________________________________________________
For Sale by the Superintendent of Documents, U.S. Government Printing Office
Internet: bookstore.gpr.gov  Phone: toll free (866) 512-1800; (202) 512ÿ091800  
Fax: (202) 512ÿ092250 Mail: Stop SSOP, Washington, DC 20402ÿ090001
108th Congress 



                     COMMITTEE ON FOREIGN RELATIONS

                  RICHARD G. LUGAR, Indiana, Chairman
CHUCK HAGEL, Nebraska                JOSEPH R. BIDEN, Jr., Delaware
LINCOLN D. CHAFEE, Rhode Island      PAUL S. SARBANES, Maryland
GEORGE ALLEN, Virginia               CHRISTOPHER J. DODD, Connecticut
SAM BROWNBACK, Kansas                JOHN F. KERRY, Massachusetts
MICHAEL B. ENZI, Wyoming             RUSSELL D. FEINGOLD, Wisconsin
GEORGE E. VOINOVICH, Ohio            BARBARA BOXER, California
LAMAR ALEXANDER, Tennessee           BILL NELSON, Florida
NORM COLEMAN, Minnesota              JOHN D. ROCKEFELLER IV, West 
JOHN E. SUNUNU, New Hampshire            Virginia
                                     JON S. CORZINE, New Jersey

                 Kenneth A. Myers, Jr., Staff Director
              Antony J. Blinken, Democratic Staff Director

                                 ------                                

                  COMMITTEE ON INTERNATIONAL RELATIONS

                   HENRY J. HYDE, Illinois, Chairman
JAMES A. LEACH, Iowa                 TOM LANTOS, California
DOUG BEREUTER, Nebraska              HOWARD L. BERMAN, California
CHRISTOPHER H. SMITH, New Jersey,    GARY L. ACKERMAN, New York
  Vice Chairman                      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         BRAD SHERMAN, California
EDWARD R. ROYCE, California          ROBERT WEXLER, Florida
PETER T. KING, New York              ELIOT L. ENGEL, New York
STEVE CHABOT, Ohio                   WILLIAM D. DELAHUNT, Massachusetts
AMO HOUGHTON, New York               GREGORY W. MEEKS, New York
JOHN M. McHUGH, New York             BARBARA LEE, California
THOMAS G. TANCREDO, Colorado         JOSEPH CROWLEY, New York
RON PAUL, Texas                      JOSEPH M. HOEFFEL, Pennsylvania
NICK SMITH, Michigan                 EARL BLUMENAUER, Oregon
JOSEPH R. PITTS, Pennsylvania        SHELLEY BERKLEY, Nevada
JEFF FLAKE, Arizona                  GRACE F. NAPOLITANO, California
JO ANN DAVIS, Virginia               ADAM B. SCHIFF, California
MARK GREEN, Wisconsin                DIANE E. WATSON, California
JERRY WELLER, Illinois               ADAM SMITH, Washington
MIKE PENCE, Indiana                  BETTY McCOLLUM, Minnesota
THADDEUS G. McCOTTER, Michigan       CHRIS BELL, Texas
WILLIAM J. JANKLOW, South Dakota
KATHERINE HARRIS, Florida
         Thomas E. Mooney, Sr., Staff Director/General Counsel
               Robert R. King, Democratic Staff Director

                                  (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........................................................    20
    Botswana.....................................................    30
    Burkina Faso.................................................    40
    Burundi......................................................    50
    Cameroon.....................................................    65
    Cape Verde...................................................    85
    Central African Republic.....................................    91
    Chad.........................................................   105
    Comoros......................................................   119
    Congo, Democratic Republic of the............................   124
    Congo, Republic of...........................................   150
    Cote d'Ivoire................................................   160
    Djibouti.....................................................   188
    Equatorial Guinea............................................   197
    Eritrea......................................................   208
    Ethiopia.....................................................   219
    Gabon........................................................   246
    Gambia, The..................................................   255
    Ghana........................................................   265
    Guinea.......................................................   284
    Guinea-Bissau................................................   297
    Kenya........................................................   305
    Lesotho......................................................   333
    Liberia......................................................   341
    Madagascar...................................................   356
    Malawi.......................................................   367
    Mali.........................................................   379
    Mauritania...................................................   387
    Mauritius....................................................   400
    Mozambique...................................................   406
    Namibia......................................................   423
    Niger........................................................   436
    Nigeria......................................................   447
    Rwanda.......................................................   473
    Sao Tome and Principe........................................   486
    Senegal......................................................   490
    Seychelles...................................................   502
    Sierra Leone.................................................   508
    Somalia......................................................   521
    South Africa.................................................   532
    Sudan........................................................   557
    Swaziland....................................................   575
    Tanzania.....................................................   586
    Togo.........................................................   603
    Uganda.......................................................   615
    Zambia.......................................................   640
    Zimbabwe.....................................................   654

East Asia and the Pacific:
    Australia....................................................   689
    Brunei.......................................................   704
    Burma........................................................   712
    Cambodia.....................................................   732
    China (includes Hong Kong and Macau).........................   749
    China (Taiwan only)..........................................   820
    East Timor...................................................   832
    Fiji.........................................................   841
    Indonesia....................................................   852
    Japan........................................................   883
    Kiribati.....................................................   899
    Korea, Democratic People's Republic of.......................   903
    Korea, Republic of...........................................   915
    Laos.........................................................   929
    Malaysia.....................................................   941
    Marshall Islands.............................................   972
    Micronesia, Federated States of..............................   977
    Mongolia.....................................................   981
    Nauru........................................................   990
    New Zealand..................................................   994
    Palau........................................................  1001
    Papua New Guinea.............................................  1006
    Philippines..................................................  1012
    Samoa........................................................  1030
    Singapore....................................................  1035
    Solomon Islands..............................................  1052
    Thailand.....................................................  1059
    Tonga........................................................  1079
    Tuvalu.......................................................  1083
    Vanuatu......................................................  1087
    Vietnam......................................................  1091

Europe and Eurasia:
    Albania......................................................  1115
    Andorra......................................................  1127
    Armenia......................................................  1131
    Austria......................................................  1148
    Azerbaijan...................................................  1159
    Belarus......................................................  1173
    Belgium......................................................  1196
    Bosnia and Herzegovina.......................................  1204
    Bulgaria.....................................................  1229
    Croatia......................................................  1249
    Cyprus.......................................................  1266
    Czech Republic...............................................  1278
    Denmark......................................................  1291
    Estonia......................................................  1296
    Finland......................................................  1304
    France.......................................................  1308
    Georgia......................................................  1318
    Germany......................................................  1338
    Greece.......................................................  1352
    Hungary......................................................  1365
    Iceland......................................................  1379
    Ireland......................................................  1387
    Italy........................................................  1395
    Kazakhstan...................................................  1407
    Kyrgyz Republic..............................................  1432
    Latvia.......................................................  1450
    Liechtenstein................................................  1459
    Lithuania....................................................  1464
    Luxembourg...................................................  1476
    Macedonia, Former Yugoslav Republic of.......................  1480
    Malta........................................................  1500
    Moldova......................................................  1504
    Monaco.......................................................  1523
    Netherlands, The.............................................  1526
    Norway.......................................................  1534
    Poland.......................................................  1539
    Portugal.....................................................  1555
    Romania......................................................  1564
    Russia.......................................................  1581
    San Marino...................................................  1623
    Slovak Republic..............................................  1626
    Slovenia.....................................................  1639
    Spain........................................................  1645
    Sweden.......................................................  1654
    Switzerland..................................................  1661
    Tajikistan...................................................  1676
    Turkey.......................................................  1691
    Turkmenistan.................................................  1721
    Ukraine......................................................  1735
    United Kingdom...............................................  1764
    Uzbekistan...................................................  1777
    Yugoslavia, Federal Republic of..............................  1800


                               Volume II

Near East and North Africa:
    Algeria......................................................  1853
    Bahrain......................................................  1871
    Egypt........................................................  1884
    Iran.........................................................  1904
    Iraq.........................................................  1927
    Israel and the occupied territories..........................  1947
    Jordan.......................................................  1994
    Kuwait.......................................................  2012
    Lebanon......................................................  2030
    Libya........................................................  2045
    Morocco......................................................  2054
      Western Sahara.............................................  2069
    Oman.........................................................  2073
    Qatar........................................................  2082
    Saudi Arabia.................................................  2090
    Syria........................................................  2108
    Tunisia......................................................  2122
    United Arab Emirates.........................................  2141
    Yemen........................................................  2155

South Asia:
    Afghanistan..................................................  2175
    Bangladesh...................................................  2187
    Bhutan.......................................................  2217
    India........................................................  2227
    Maldives.....................................................  2266
    Nepal........................................................  2274
    Pakistan.....................................................  2295
    Sri Lanka....................................................  2331

Western Hemisphere:
    Antigua and Barbuda..........................................  2351
    Argentina....................................................  2357
    Bahamas......................................................  2372
    Barbados.....................................................  2378
    Belize.......................................................  2384
    Bolivia......................................................  2395
    Brazil.......................................................  2409
    Canada.......................................................  2436
    Chile........................................................  2444
    Colombia.....................................................  2457
    Costa Rica...................................................  2500
    Cuba.........................................................  2510
    Dominica.....................................................  2530
    Dominican Republic...........................................  2535
    Ecuador......................................................  2554
    El Salvador..................................................  2567
    Grenada......................................................  2587
    Guatemala....................................................  2592
    Guyana.......................................................  2623
    Haiti........................................................  2635
    Honduras.....................................................  2652
    Jamaica......................................................  2671
    Mexico.......................................................  2680
    Nicaragua....................................................  2714
    Panama.......................................................  2732
    Paraguay.....................................................  2747
    Peru.........................................................  2759
    St. Kitts and Nevis..........................................  2781
    Saint Lucia..................................................  2786
    Saint Vincent and the Grenadines.............................  2791
    Suriname.....................................................  2797
    Trinidad and Tobago..........................................  2805
    Uruguay......................................................  2812
    Venezuela....................................................  2820

Appendixes:
    A. Notes on Preparation of the Reports.......................  2841
    B. Reporting on Worker Rights................................  2845
    C. Selected International Human Rights Conventions...........  2847
    D. Description of Conventions in Appendix C..................  2855
    E. FYs 2002-2004 Selected U.S. Assistance Programs--Actual 
      Obligations................................................  2856
    F. 58th Session of the U.N. Human Rights Commission Voting 
      Record.....................................................  2884
    G. 58th Session of the U.N. Human Rights Commission Voting 
      Table......................................................  2890
    H. United Nations Universal Declaration of Human Rights......  2905




                                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.

                                   Richard G.Lugar,
                          Chairman, Committee on Foreign Relations.

                                     Henry J. Hyde,
                    Chairman, Committee on International Relations.

                                 (vii)



                         LETTER OF TRANSMITTAL

                              ----------                              

                                       Department of State,
                                    Washington, DC, March 31, 2003.
Hon. Richard Lugar,
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 2002, 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,
                                     Paul V. Kelly,
                          Assistant Secretary, Legislative Affairs.
    Enclosure.

                                  (ix)

                                     
                                PREFACE

                              ----------                              


                      HUMAN RIGHTS REPORTS

    The year 2002 offered a stern test for the advancement of 
human rights by the United States of America. This is not 
necessarily because human rights violations grew in number or 
severity--although there is no lack of challenge in that area--
but because we have been given greater opportunity to make good 
on our commitment to uphold standards of human dignity and 
liberty.
    The year began with American forces in combat in 
Afghanistan, and we continue to act there--with military, 
political and economic resources--to reverse the ill effects of 
the Taliban regime and the conditions that left unchecked its 
cruel disregard for human rights. Elsewhere in the world, we 
set our sights on further extending the blessings of liberty 
and security, and demonstrating not only that they are 
compatible, but also interdependent. We advanced these goals 
not as exclusively American aspirations, but rather as the 
birthright of all persons.
    The Country Reports on Human Rights Practices for 2002 are 
grounded in the conviction that we must recognize the problem 
and describe it with full objectivity if we are to proceed to 
solving it. We gain little by ignoring human rights abuses or 
flinching from reporting them. This year's report covers 196 
countries, ranging from defenders of human rights and democracy 
to the worst violators of human dignity. But in truth, no 
country is exempt from scrutiny, and all countries benefit from 
constant striving to identify their weaknesses and improve 
their performance in this less-than-perfect world. Furthermore, 
the Reports serve as a gauge for our international human rights 
efforts, pointing to areas of progress and drawing our 
attention to new and continuing challenges.
    In a world marching toward democracy and respect for human 
rights; the United States is a leader, a partner and a 
contributor. We have taken this responsibility with a deep and 
abiding belief that human rights are universal. They are not 
grounded exclusively in American or Western values. But their 
protection worldwide serves a core U.S. national interest. It 
is with this responsibility firmly in mind that we have 
prepared, and now transmit, the Department of State's Country 
Reports on Human Rights Practices for 2002 to the U.S. 
Congress.
                               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 502B(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 1970s. 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 the 82 
countries receiving U.S. aid; this year 196 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 2002 
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, armed forces 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, experts from academia, and the media. Officers 
also consulted with experts on worker rights issues, refugee 
issues, military and police topics, 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 seek 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: Cynthia R. Bunton; Senior Advisors: E. Michael 
Southwick, Michael E. Parmly, J. Scott Carpenter, Monica Vegas 
Kladakis, Elizabeth Dugan; Senior Editors: Dan Dolan, Stan 
Ifshin, Jennifer M. Pekkinen, Kimber Shearer; Editors: Amanda 
K. Allen, Sandra Archer, Jonathan Bemis, Christopher R. 
Bornhorst, Frank B. Crump, Kathleen Daly, Jeanette Davis, Julie 
Eadeh, Sarah Finch, Joan Garner, Saba Ghori, Heather Glick, 
Judith Greenspan, Jerome Hoganson, Gabrielle Hotung-Davidsen, 
Ann Marie Jackson, Kari Johnstone, Jehan S. Jones, Sandra J. 
Murphy, Peter Neisuler, Kathryn Northrop, Sarah Fox Ozkan, 
Donald E. Parker, Gary V. Price, Ereni Roess, Lange 
Schermerhorn, Rebecca A. Schwalbach, John Sheerin, James C. 
Todd; Assistant Editors: Ken Audroue, David Abramson, Ralph D. 
Anske, Kelly W. Bryant, Deborah J. Cahalen, Patricia A. Davis, 
Douglas B. Dearborn, Thomas F. Farr, Carol G. Finerty, Amy E. 
Gadsden, Jean M. Geran, Thomas J. Grubisha, Patrick Harvey, 
Nancy M. Hewett, Sandra Hodgkinson, Victor Huser, Robert P. 
Jackson, Jeffrey M. Jamison, Janet L. Mayland, Peter Mulrean, 
Michael Orona, Susan O'Sullivan, Richard J. Patard, Gianni F. 
Paz, Maria B. Pica, LeRoy G. Potts, Lynn M. Sicade, Wendy B. 
Silverman, Mary T. Sullivan, Danika Walters, George M. White; 
Editorial Assistants: Lena Auerbach, Judith R. Baroody, Jarrett 
Basedow, Marianne Biron, Sally I. Buikema, Melanne Civic, 
Tatiana C. Gfoeller-Volkoff, Sondra Govatski, Jessie M. 
Harpole, Gabrielle Hoosein, Amy McKee, Ryan McMillan, Derek 
Teeter; Technical Support: Daniel J. Bowens, Mitchell R. Brown, 
Anthony Felder, Linda C. Hayes, Celine A. Neves, Tanika N. 
Willis.

 INTRODUCTION TO THE COUNTRY REPORTS ON HUMAN RIGHTS PRACTICES FOR THE 
                               YEAR 2002

                              ----------                              

    Spreading democratic values and respect for human rights 
around the world is one of the primary ways we have of 
advancing the national security interests of the United States. 
The defense of liberty is both an expression of our ideals and 
a source of strength that we have drawn on throughout our 
history. Democratic values have also been at the heart of 
America's most enduring and effective alliances, partnerships 
which continue to help us meet the challenges of tyranny and 
deprivation.
    The U.S. Constitution aims to ``secure the blessings of 
liberty to ourselves and our posterity.'' We realize that 
liberty is not a finished product, and that the course set out 
for us by our Constitution requires vigilance. Our history is a 
narrative of a nation confronting and overcoming obstacles to 
freedom, and generations to come will also undoubtedly face the 
question of how to fulfill the promise of our founding 
documents.
    The Country Reports on Human Rights Practices reflect 
America's diligence in the struggle to expand freedom abroad. 
Together with past reports, and reports to come, this 
compendium is a snapshot of the global state of human rights 
that depicts work in progress and points the way to future 
tasks. It is a statement of our fundamental belief that human 
rights are universal; they are indigenous to every corner of 
the world, in every culture and in every religious tradition.

                   Human Rights and National Security

    Governments that rule by force and use violence against 
their own people often threaten and intimidate their neighbors. 
Driven by shaky legitimacy, these regimes rule by iron fist, 
putting their people and neighbors at the mercy of the cruel 
logic of repression. In an age when the destructive capacities 
of brutal regimes exceed national and even regional boundaries, 
addressing human rights violations--whether episodic or 
systemic--becomes imperative to the assurance of security 
throughout the international community. On a smaller scale, 
governments that breach their constitutional obligations and 
the rule of law place their societies' well-being at risk in 
their pursuit of stability.
    The Country Reports on Human Rights Practices call 
attention to patterns and instances of violations of basic 
human rights as recognized in such fundamental documents as the 
Universal Declaration of Human Rights, adopted by the United 
Nations in 1948. They serve as the starting point--not the 
end--of U.S. policy to advance human rights around the world. 
The Reports are one of the most significant tools available to 
the U.S. Government to help determine foreign policy strategies 
that promote the development of democratic systems and 
principles, and remedy abuse and disregard for human rights. As 
President Bush declared in his January 2003 State of the Union 
address, ``We will not permit the triumph of violence in the 
affairs of men--free people will set the course of history.''
    Governments can violate rights and punish people for 
exercising freedoms, but they cannot extinguish the inherent 
rights of all human beings. People who dare to dream of freedom 
are setting the course of history not only in democratic 
societies, but also in the repressive regimes under which many 
live.

  <bullet> Cuba is a place where human rights are violated 
        every day, but the Varela Project, organized by Oswaldo 
        Paya, has proven a powerful tool for Cubans to express 
        their yearning for fundamental freedoms. Marta Beatriz 
        Roque's Assembly to Promote Civil Society is providing 
        another avenue for Cubans to express their desires for 
        change. These and other efforts by the opposition 
        movement are incrementally eroding the Cuban regime's 
        grip on power and oppression.

  <bullet> In Burma, even after years of on-and-off political 
        arrest, harassment and constant surveillance, Aung San 
        Suu Kyi is still wholly committed to bringing democracy 
        and a humane rule of law to the Burmese people. Her 
        tremendous strength of character stands boldly in the 
        face of the military regime's disregard for human 
        rights and democracy, a disregard that extends to 
        abuses such as extrajudicial killings, rapes, 
        disappearances, forced labor and forced relocations.

    Their courage points the way to improving human rights--on 
paths that are as diverse as the countries where they live. 
U.S. policy is based on supporting individuals and groups 
committed to following universally accepted paths to freedom, 
equal protection, due process and the rule of law.
    Promoting democratic governance is and will remain the best 
way to ensure protection of human rights. The United States 
recognizes that a world composed of democracies will better 
protect our long-term national security than a world of 
authoritarian or chaotic regimes. A democratic form of 
government fosters the rule of law, open markets, more 
prosperous economies and better-educated citizens and 
ultimately a more humane, peaceful and predictable world.

         The Year in Review: Human Rights, Democracy and Labor

    Institutional changes: In Asia, democratic politics 
continued to develop in East Timor, with the ratification of a 
constitution, election of a president, and efforts to establish 
governance based on the rule of law and human rights 
protections. Taiwan's strides were also notable, with 
consolidation and improvement of civil liberties catching up to 
its free and open electoral system.
    The push to meet European Union entry requirements resulted 
in positive human rights developments in aspirant countries. 
Turkey passed extensive human rights reform packages that 
covered a broadening of laws on freedom of speech, political 
activity and association, and fair trial. At the same time 
torture, although illegal, was still a serious problem and 
restrictions on freedom of the press remained.
    Other positive developments in Europe included the first 
general elections in Bosnia and Herzegovina to be conducted by 
local (not international) authorities since the Dayton Peace 
Accords. Macedonia also reaffirmed the strength of its 
democracy through peaceful elections while its parliament laid 
the legal groundwork for improving civil and minority rights by 
completing nearly all of the constitutional and legislative 
actions related to the Framework Agreement.
    In the Middle East, several positive steps were taken. In 
May, the first open municipal council elections were held in 
Bahrain, and in October women joined men in exercising their 
right to vote for the first time in nearly 30 years to elect a 
national parliament. Morocco saw its first open elections in 
September, and in Qatar, a new constitution has been drafted 
and municipal elections are scheduled for April 2003. Female 
candidates will participate for the second time.
    In Russia, a new Criminal Procedure Code that took effect 
in July permitted for the first time the application of 
existing Constitutional provisions that only upon a judicial 
decision could individuals be arrested, taken into custody or 
detained. The changes appeared to be having an effect on 
police, prosecutorial behavior and the judicial system, 
although there were reports of non-compliance in some regions.
    The Chinese also continued to carry out some structural 
reforms in the areas of the rule of law and democracy. Direct 
elections at the village level took place in several provinces 
and pressure to move them to higher levels grew. Economic 
reform has led to legal reform, and legislatures continued 
experimenting with public hearings to incorporate public 
opinion into policy.

    Political rights: In 2002 six nations in the western 
hemisphere--The Bahamas, Bolivia, Brazil, Colombia, Costa Rica 
and Jamaica--held elections for their chief of state or 
government. The Organization of American States, which adopted 
a democracy charter in 2001, put its collective commitment into 
action in 2002 with vigorous efforts to resolve the political 
crisis in Venezuela.
    In Africa, Kenya's free election and peaceful transfer of 
power in December signaled hope for the consolidation of 
democratic politics there. A political crisis during the first 
half of 2002 in Madagascar was eventually resolved, and 
legislative elections were held. In Swaziland, respect for 
rights and rule of law took steps backward with a government 
declaration that it would not abide by court decisions.
    In 2002 China continued to commit serious human rights 
abuses in violation of international human rights instruments 
and at year's end, a spate of arrests of political dissidents 
and the imposition of the death sentence on two Tibetans, the 
continued detentions of Rebiya Kadeer, Wang Youcai, Qin Yongmin 
and others, and restrictions on religious freedom and 
repression of some ethnic minorities were particularly 
troubling.
    Zimbabwe's government has used a systematic campaign of 
violence and intimidation against stated and perceived 
supporters of the opposition, even to the extent of routinely 
and publicly denying food to these individuals. The Government 
manipulated the composition of the courts and repeatedly 
refused to abide by judicial decisions, which undermined the 
judiciary.
    In Eurasia, several republics of the former Soviet Union 
resisted positive change. In Turkmenistan the human rights 
situation deteriorated markedly after an attack on President 
Niyazov's motorcade in November, leading to serious violations 
of due process under the law including widespread arrests and 
forced evictions of suspects' families, use of torture, threats 
of rape and summary trials. In Kazakhstan the government's poor 
human rights record worsened, including selective prosecution 
of opposition leaders and a pattern of media harassment 
suggesting an attempt to silence media critics. While there 
were positive steps in the first half of 2002, such as 
registration of the first human rights NGO and abolition of 
prior censorship of the media in Uzbekistan, there were also 
setbacks that are a cause of concern, including at least four 
deaths in detention due to torture. The Kyrgyz Republic held a 
regional by-election in October, judged by independent 
monitoring groups to be marred by irregularities such as 
multiple voting and lax standards of voting eligibility. 
Harassment of media and civil society continued and police 
killed six unarmed protesters.
    Pakistan's military regime began the process of restoring 
elected civilian governance at the national and provincial 
level in October. Observers deemed the elections to be flawed, 
but the new government seems reasonably representative.

    Internal and other conflicts: Throughout 2002, Sri Lanka 
made progress in implementing a cease-fire agreement between 
the government and the Liberation Tigers of Tamil-Eelam (LTTE). 
Prisoners have been exchanged, roadblocks reduced, internally 
displaced persons returned, and investigations into abuses by 
security forces have increased. There were unconfirmed reports 
that LTTE continued to commit extrajudicial killings, but 
observers believe the number decreased in 2002. There were also 
reports that LTTE continued to conscript children.
    In Nepal, the Maoist campaign included killings, bombing, 
torture, forced conscription of children and other violent 
tactics. Government forces were accused of killing civilians 
and abusing others suspected of Maoist sympathies.
    The war in Sierra Leone was officially declared over in 
January, and the Revolutionary United Front was disarmed. 
Remarkably peaceful presidential elections were held in May 
although there were reports of election irregularities.
    Elsewhere in Africa, conflicts continued to fuel human 
rights abuses. In Cote d'Ivoire, a coup attempt and ensuing 
civil unrest sparked violations by government and rebel forces. 
In the Democratic Republic of the Congo, major abuses 
continued. Rwanda withdrew its troops by October, and Uganda 
only had 1,000 troops left in the country at year's end.
    After 27 years, peace came to Angola in February. The 
former UNITA rebel movement has disarmed and is transitioning 
into an unarmed political party, and the government--working 
with the opposition--is beginning to move the country toward 
new elections. The massive human rights violations of the civil 
war have come to an end, although an increase of abuses in 
Cabinda Province is worrisome. The primary focus will now be on 
the civil and political rights necessary for the conduct of 
free and fair elections as well as the establishment of the 
rule of law throughout the country.
    Eritrea's record worsened through 2002. However, all 
recorded Ethiopian prisoners of war (POWs) from the former 
conflict were released. Ethiopia also released the last of the 
Eritrean POWs during 2002.
    In the Chechnya conflict, Russian forces and Chechen rebels 
continued to commit serious human rights violations. Government 
forces committed extrajudicial killings and at times used 
indiscriminate force, which resulted in civilian casualties. A 
number of government ``cleansing'' operations involved 
extensive abuses of civilians. Chechen rebels increased their 
killings of civilian officials and militia associated with the 
Russian-appointed Chechen administration. On October 23, 
approximately 41 members of Chechen terrorist groups took more 
than 750 persons hostage in a Moscow theater. The terrorists 
killed one hostage; another 128 hostages died in the rescue 
effort.

    Integrity of the person: Colombia showed signs of progress, 
with generally good elections and a declaration by paramilitary 
forces that they would negotiate peace in 2003. But problems 
remain serious, particularly extrajudicial killings. The 
Dominican Republic made strides in reducing the number of 
extrajudicial killings. The police chief was replaced and 
prosecutions--in civilian courts--of human rights offenders 
increased.
    Not surprisingly, many human rights abuses occurred in 
nations that have non-democratic forms of government. Testimony 
to the U.S. Congress in mid-2002 revealed systematic and 
egregious violations of human rights in North Korea, including 
torture, summary executions and the use of prison labor under 
incredibly inhumane conditions.
    Iraq's Republican Guard and other members of the security 
apparatus committed widespread and systematic human rights 
abuses including killings, torture, disappearances, rapes and 
imprisonment of Iraqi political opposition and ethnic and 
religious minorities.
    In Cambodia, incidents of extrajudicial killings began to 
increase as the country prepares for 2003 elections amidst a 
culture of impunity and with serious shortcomings in the 
government's investigations.

    Freedom of the press: Harassment and vandalism were common 
tools used to threaten press freedom in 2002. Legal harassment 
was also common: In the Kyrgyz Republic, opposition newspapers 
were periodically refused printing services by the government-
owned press and journalists faced libel suits filed by 
government officials. Similar bureaucratic tactics were used to 
pressure NGOs and opposition political organizations. On the 
other hand, the Kyrgyz government registered the Media Support 
Center, which is intended to provide an independent printing 
facility and training for journalists. In Kazakhstan, violence 
and harassment of journalists continued, and selective 
prosecutions of opposition figures chilled the climate of free 
speech. In Russia, direct and indirect government actions 
further weakened the autonomy of the electronic media, which is 
the public's primary source of information. Controls on 
reporting of the conflict in Chechnya and terrorist incidents 
elsewhere in Russia raised concerns about the ability of the 
press and public to have adequate access to information about 
government actions. In Ukraine, the killing of prominent 
journalist Heorhiy Gongadze remained unsolved. Although an 
investigation officially continued, there was a lack of 
transparency and the authorities refused to cooperate with 
foreign investigators whom they had invited to assist with the 
investigation.
    The closing down of pro-reform publications and jailing of 
journalists, editors and publishers in Iran continued. A 
dissident academic was sentenced to death for questioning the 
Islamic system, a decision that sparked widespread student 
demonstrations and finally resulted in the government granting 
a retrial. When a poll found that the overwhelming majority of 
Iranians supported dialogue with the United States and almost 
half agreed with U.S. policy vis-a-vis Iran, the regime closed 
the polling institutes and arrested the pollsters.

    Religious freedom: These issues are discussed in depth in 
the annual Report on International Religious Freedom, published 
in October 2002, but the Country Reports also highlight 
important developments.
    In Afghanistan there was dramatic improvement over the past 
year, but respect for human rights varied widely in different 
parts of the country. The reappearance of the Taliban's 
Department of Vice and Virtue, in the form of the new 
authority's Department of Accountability and Religious Affairs, 
bears monitoring. Likewise, reprisals against ethnic Pashtuns--
albeit with a limited religious dimension--occurred in areas 
controlled by some local Northern Alliance commanders.
    Other internal conflicts have a more pronounced religious 
dimension. Saudi Arabia continued to deny religious freedom to 
non-Muslims by prohibiting them from engaging in public 
worship. In some cases, non-Muslim individuals and private 
gatherings of worshippers were subject to harassment, leading 
to arrest, detainment, torture and deportation. Shi'a Muslims 
faced widespread discrimination, including imprisonment and 
torture.
    Sectarian violence erupted in India's Gujarat Province in 
February, where as many as 2,000 people--mostly Muslims--died. 
Elections in Jammu and Kashmir, and in Gujarat, were held 
successfully despite widespread terrorist violence and the new 
state government has proposed steps to ease repression and 
reduce alienation. Throughout India however, light punishment 
for instigators of violence and perpetrators of abuse remained 
a stumbling block to further improvement.
    In Vietnam, religious (primarily Protestant) and ethnic 
minorities in the Central Highlands and northwest provinces, 
which have often been brought to heel by government authorities 
in Hanoi, reportedly faced intensified repression, including 
closing of churches and forced renunciations of faith.

    Women/Children: In Afghanistan, human rights improvements 
included women and ethnic minorities serving in the government 
and an estimated one million girls back in school. In Burma on 
the other hand, the State Department documented stories of rape 
of ethnic minority women by the Burmese military that were 
similar to NGO reports on the issue suggesting that rape 
continued to be a widespread practice. Also, the conscription 
of child soldiers in Burma remained a serious problem.
    Child labor in the informal sector, especially children 
forced into the commercial sex industry, continued to be a 
serious problem in Cambodia, along with trafficking in women 
and children. In Cote d'Ivoire, child labor remained an issue 
of concern, and the recruitment of child soldiers in the armed 
civil conflict was cause for concern. Rebel groups in 
particular used child soldiers.
    Child soldiers were used in other conflicts, including in 
Colombia, where both paramilitaries and guerrillas recruited 
children, and there is evidence that guerrillas forcibly 
pressed children into their forces. In Burundi, the government 
stated that it would not recruit child soldiers in its war 
against rebel forces. However, there are unconfirmed reports 
that children continue to serve in armed forces performing 
occasional tasks such as carrying weapons and supplies.

    Trafficking: In the Middle East, the United Arab Emirates, 
Bahrain, Saudi Arabia and Lebanon acknowledged trafficking in 
persons as problems in their countries and are taking steps to 
address it by curbing abuses of foreign workers, regulating 
camel jockeys as applicable, and combating commercial sexual 
exploitation.
    Awareness about trafficking in persons throughout Africa 
grew. More African countries participated in time-bound 
programs designed to eliminate the worst forms of child labor. 
In addition, many of these cash-strapped governments are 
increasingly working on creative programs to prevent 
trafficking and protect trafficking victims. Public awareness 
was raised at local government levels in many African 
countries, particularly in West Africa, about traditional 
practices that are being exploited by traffickers. In Tanzania, 
children were mobilized to help identify traffickers and other 
children particularly vulnerable to being trafficked. In 
Southern Africa, some governments began devoting more attention 
to the differences between trafficking, smuggling and seasonal 
labor migration.
    In East Asia and Pacific countries, governments in general 
paid more attention to the problem of trafficking in persons. 
Indonesia passed two national plans aimed at reducing 
trafficking in women and children, and police action against 
traffickers increased. Thailand increased its cooperation with 
neighboring countries in addressing cross-border trafficking in 
persons.
    In South Asia, governments continued to demonstrate serious 
collaboration with NGOs to provide protection, legal and 
medical services, and skills training to trafficking victims. 
This cooperative effort also extends to law enforcement, with 
police jointly conducting raids with NGOs.
    The push for stronger anti-Trafficking in Persons (TIP) 
legislation was enhanced in the past year in many European 
countries. For example, the governments of Turkey, Greece and 
Bulgaria all passed specific articles on trafficking in their 
criminal codes. Russia, the Kyrgyz Republic and Kazakhstan 
continued work on comprehensive drafts that should be finalized 
and forwarded to their respective parliaments soon. Localized 
referral systems between NGOs and police and other officials 
were improved and strengthened in Ukraine and UN-administered 
Kosovo. Serbia and Montenegro, in addition to their multi-
agency national anti-trafficking teams, provided a mobile 
trafficking unit that brought assistance to victims throughout 
the country. Croatia began implementation of their National 
Action Plan, establishing shelters and a hotline, and drafting 
a law making trafficking in persons a crime.
    International cooperation on investigations occurred only 
sporadically, with Italy and Albania showing concrete results 
in their joint operations.
    Ratification of the UN Protocol on Trafficking was also a 
focus throughout the world, with several countries depositing 
their ratification and preparing domestic implementation.
    Corruption continued to be a major impediment to successful 
anti-trafficking efforts. Open police corruption, harassment of 
returning victims and inertia on reported cases showed the 
public and civil society that many governments still are not 
serious about combating trafficking.

    Worker rights: In Venezuela, the conflict between the 
government and labor unions intensified throughout the year. 
The International Labor Organization censured the government's 
refusal to recognize the election of Carlos Ortega as the 
president of the Confederation of Venezuelan Workers, citing 
government interference in independent trade union elections.
    Progress was made in Bahrain, where legal protections for 
the right to organize and collectively bargain were established 
in new legislation. The government resolved the problem of more 
than 1,000 ``bidoon,'' long-term residents of the country who 
were formerly stateless, by issuing them appropriate documents.

    Corporate social responsibility: Partnerships among 
governments, business, labor unions and civil society to 
promote human rights and sustainable development flourished. 
The UN Global Compact and the Organization for Economic 
Cooperation and Development (OECD) worked to promote voluntary 
principles and guidelines that advance corporate 
responsibility. During the year, positive examples of 
partnerships and dialogues between the public and private 
sectors emerged.
    Responding to conditions in the agricultural sector, an 
innovative framework agreement was drafted between a 
multinational corporation and regional labor unions to address 
worker rights and corporate responsibility. A June 2002 
Roundtable dialogue on the management of supply chains was 
featured in a report on the annual meeting of National Contact 
Points for the OECD Guidelines for Multinational Enterprises. 
The Voluntary Principles on Security and Human Rights gained 
new participants. ExxonMobil, Occidental Petroleum and the 
Government of Norway joined the multi-stakeholder dialogue.
    Secretary of State Colin Powell presented the Secretary of 
State's 2002 annual Award for Corporate Excellence at a 
ceremony that recognized two U.S. firms for their outstanding 
corporate citizenship and exemplary international business 
practices by promoting healthcare in China and poverty 
alleviation programs in Egypt.

    NOTE: In many cases, the Country Reports on Human Rights 
Practices state that a country ``generally respects'' the 
rights of its citizens. The phrase ``generally respects'' is 
used because the protection and promotion of human rights is a 
dynamic endeavor; it cannot accurately be stated that any 
government fully respects these rights all the time without 
qualification, in even the best of circumstances. Accordingly, 
``generally respects'' is the standard phrase used to describe 
all countries that attempt to protect human rights in the 
fullest sense, and is thus the highest level of respect for 
human rights assigned by this report.
    In some instances, this year's Country Reports use the word 
``Islamist,'' which should be interpreted by readers as a 
Muslim who supports Islamic values and beliefs as the basis for 
political and social life.


                                 AFRICA

                              ----------                              


                                 ANGOLA

    The Popular Movement for the Liberation of Angola (MPLA) has ruled 
the country since its independence from Portugal in 1975, and the 
country has experienced several periods of civil war since then. The 
present government was formed in 1997 after the National Union for the 
Total Independence of Angola (UNITA) and 10 smaller opposition parties 
joined the ruling MPLA in a government of national unity and 
reconciliation.
    The most recent period of civil war began in 1998 and continued 
until February when UNITA leader Jonas Savimbi was killed in an Armed 
Forces of Angola (FAA) attack in Moxico Province. On April 4, the 
Government and UNITA signed the Luena agreement, which called for 
disarming and disbanding all UNITA military forces by the end of July 
and the implementation of the remaining provisions of the 1994 Lusaka 
Protocol under U.N. supervision. On August 2, UNITA's military force 
officially was disbanded and all ex-UNITA personnel were incorporated 
into the FAA. The National Assembly served as a rubber stamp for the 
Council of Ministers, and while opposition deputies held about 43 
percent of National Assembly seats, few mechanisms existed to check the 
power of the MPLA majority or defeat legislation supported by the 
executive branch. The judiciary was subject to executive influence, 
functioned only in parts of the country, and did not ensure due 
process.
    The Ministry of Interior was responsible for internal security, a 
function that it traditionally exercised through the Angolan National 
Police (ANP) and other organs of state security; however, as part of a 
July organizational reshuffling, the internal intelligence service 
became directly answerable to the Office of the Presidency. The FAA 
were responsible for protecting the country against external threats 
and has intervened in a number of regional conflicts in recent years. 
The FAA continued counterinsurgency operations against the Front for 
the Liberation of the Enclave of Cabinda-Armed Forces of Cabinda (FLEC-
FAC), which increased in intensity with the launching of a major 
offensive in October. The Government's security forces remained under 
civilian leadership; unlike in the previous year, there were no reports 
that security forces acted independently of the Government. Security 
forces committed serious human rights abuses.
    Government policy continued to inhibit economic reform. At least 20 
percent of the national budget or 11 percent of gross domestic product 
(GDP) was dedicated to defense during the year, while an estimated 50 
percent of state expenditures were not reflected in the official 
budget. The economy continued to perform poorly, and despite abundant 
natural resources, output per capita remained extremely low. In October 
the Government announced the creation of a customs warehouse system 
that established a fixed import regime for basic food items, slowing 
the trend toward import and regulatory liberalization. The population 
is estimated at 13 million, and annual per capita GDP was approximately 
$600. The country's wealth continued to be concentrated in the hands of 
a small elite who often used government positions for massive personal 
enrichment, and corruption continued to be a common practice at all 
levels. The average monthly salary of urban wage earners (approximately 
20 percent of the labor force) was far below what is required for basic 
subsistence. Rural wages were even lower as the majority of the rural 
economy was dependent on subsistence agriculture, which was affected 
seriously by the civil unrest. In May the already large-scale 
international humanitarian feeding operation was expanded further to 
prevent widespread rural famine caused mainly by the forced 
displacement of rural populations during the Government's aggressive 
counterinsurgency offensive during the last months of the war against 
UNITA and greatly expanded access to former UNITA areas after the April 
ceasefire.
    The Government's human rights record remained poor, and it 
continued to commit serious abuses. Citizens have no effective means to 
change their government. Members of the security forces committed 
extrajudicial killings, were responsible for disappearances, and 
tortured, beat, raped and otherwise abused persons. The FAA employed 
scorched earth tactics and forced movements of rural populations as 
part of its counterinsurgency operations against UNITA and FLEC. After 
the April 4 Luena agreement ended the conflict between the Government 
and UNITA, the army ceased to be the major human rights offender 
outside of Cabinda province, and the poor discipline of the police 
force made it the worst offender. The Government often did not 
prosecute or punish those in the security services responsible for 
abuses. Prison conditions were harsh and life threatening. The 
Government routinely used arbitrary arrest and detention, and lengthy 
pretrial detention was a problem. Where it did function, the judiciary 
was subject to the influence of the President, the ruling MPLA party, 
or anyone able to offer bribes in exchange for favorable rulings. The 
Government infringed on citizens' privacy rights and forcibly recruited 
military-age males. The Government at times restricted freedom of 
speech and of the press, and intimidated journalists into practicing 
self-censorship. During the year, the Government passed the Law on 
State Secrecy that gave the executive branch even greater control over 
public information and imposed criminal penalties on individuals who 
publicize information that the Government considered damaging. The 
Government restricted the freedoms of assembly, association, and 
movement; however, it allowed peaceful public protest and opposition 
party meetings. Unlike in the previous year, the Government did not 
restrict the freedom of movement of journalists. The Government 
continued to limit independent investigations of human rights abuses, 
although it permitted international human rights organizations to 
conduct research in partnership with local civil society groups in the 
country. The number of persons internally displaced by the conflict 
increased, largely as a result of forcible resettlements. Violence and 
discrimination against women were common; adult and child prostitution 
were prevalent; and children and persons with disabilities continued to 
suffer as a result of the civil conflict and poor economic conditions. 
The Government continued to dominate the labor movement and restricted 
workers' rights. Forced labor, including forced child labor, was a 
problem in UNITA areas until the end of the war. There were reports of 
trafficking in persons.
    The armed UNITA forces, under the control of Jonas Savimbi, were 
responsible for killings, disappearances, torture, rape, and other 
abuses until the effective cessation of hostilities in February; the 
two Luanda-based factions of UNITA were not responsible for abuses. 
UNITA prevented freedom of speech, the press, assembly, association, 
and movement in areas it held until April. UNITA continued forced 
military recruitment, including of underage males, and used forced 
labor for a large part of its local-level logistical support until the 
end of the war. The sexual abuse of women conscripted to work as 
porters was common.

                        RESPECT FOR HUMAN RIGHTS

Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:

    a. Arbitrary or Unlawful Deprivation of Life.--Prior to the 
conclusion of the April ceasefire between the Government and UNITA, the 
FAA, the National Police, and UNITA troops reportedly committed human 
rights violations and participated in extrajudicial killings. 
Verification of reports of abuses committed by both the Government and 
UNITA was extremely difficult. After the April ceasefire, reports of 
killings and human rights violations by the FAA ceased, except in the 
diamond-mining areas and Cabinda. Police participated in extortion, 
robbery, and carjackings and were cited as the primary human rights 
abusers by local human rights organizations by year's end (see Section 
1.c.). It is believed widely that police resorted regularly to 
extrajudicial killings, especially of known criminal gang members, as 
an alternative to the country's ineffective judicial system. Other than 
those personnel assigned to elite units, the Government gave tacit 
permission for security personnel to supplement their income through 
the extortion of the civilian population. For example, independent 
media sources accused police in Lunda Norte of terrorizing and 
extorting money from citizens in the municipality of Nzagi during the 
year. Police commanders were accused of permitting such activity and 
killing market vendors who complained about the abuses. Impunity 
remained a serious problem.
    In November 17 persons were robbed and killed in Malange. There 
were allegations of police involvement, and an investigation was 
ongoing at year's end.
    There were no developments in the June 2001 police killing of two 
residents of Boa Vista (see Section 1.f.).
    Prison conditions were life threatening due to inadequate food, 
medicine, and sanitation, and many prisoners died in official custody 
(see Section 1.c.).
    Unlike in the previous year, there were no reports of localities 
changing hands before the war ended that resulted in the extrajudicial 
killing of government administrators or persons accused of 
collaboration with UNITA.
    The army engaged in a scorched earth policy during the closing 
stages of the war, burning villages and killing civilians (see Sections 
1.f., 1.g., and 2.d.). The failure of the Government to provide 
adequate protection for civilians contributed to the number of civilian 
casualties prior to the end of the war. After the April ceasefire, 
there were no reports that soldiers summarily executed civilians 
suspected of supporting UNITA.
    As the Government intensified its counterinsurgency campaign up 
until the death in combat of Jonas Savimbi, large numbers of persons 
were uprooted by the Government's scorched earth policy, which 
destroyed thousands of acres and resulted in extrajudicial killings. 
Internally displaced persons (IDPs) and refugees fled the fighting and 
triggered a large-scale humanitarian crisis as rural food stocks were 
destroyed and subsistence agriculture was hampered severely in many 
areas. According to official estimates, up to four million persons were 
displaced due to war and resulting famine. Access by nongovernmental 
organization (NGO) and other aid workers to previously denied areas 
revealed many pockets of extreme deprivation, which significantly 
increased the need for humanitarian relief.
    Undocumented workers in the diamond fields, including ex-UNITA 
soldiers and Congolese workers, were targeted in government efforts to 
retain control of alluvial diamond mining operations. In September in 
the Government-owned newspaper Jornal de Angola, a FAA general 
threatened action against ex-UNITA forces that left quartering areas 
and reportedly were engaged in illegal mining in Lunda Sul. 
Subsequently local NGOs reported that government forces attacked and 
killed undocumented diamond miners in Uige.
    Unconfirmed but credible reports suggested that both sides 
summarily executed prisoners of war (POWs) until the end of the war. In 
Cabinda province, reports of civilians killed in fighting were 
increasing at year's end (see Section 1.g.). In December the Ad-Hoc 
Commission for Human Rights in Cabinda released its first report that 
contained a detailed list of nine alleged arbitrary killings by 
government forces. The Government had not responded to the report by 
year's end.
    Unlike in the previous year, there were no reports that government 
soldiers killed civilians in Namibia or that individual members of the 
FAA summarily executed citizens of the Democratic Republic of the Congo 
(DRC).
    No action was taken, nor was any likely to be taken, into the 
alleged November 2001 killing of seven Zambian civilians by government 
forces.
    Since the April ceasefire provided for the amnesty of FAA and UNITA 
forces, there was unlikely to be any further investigation or action 
taken against the FAA member responsible for the killing of Thaddeus 
Vili at Bagani or against those responsible for the 2000 killing of 
more than 100 persons in Bie province and the discovery of a mass 
grave.
    No action was taken, nor was any likely to be taken, into the 
following reported killings by FAA members in 2000: The July execution 
of two Namibian civilians, and the January killing of Thadeus Mubili in 
Mushangara in western Caprivi.
    Both government and UNITA forces continued to use antipersonnel 
landmines in the country and in Namibia until the end of the war, which 
resulted in dozens of deaths and numerous injuries during the year (see 
Section 1.g.).
    UNITA military units reportedly pillaged rural areas, depopulated 
parts of the country, killed or abducted traditional leaders, and 
eliminated all opposition, real or potential until the end of the war. 
UNITA troops also committed extrajudicial killings during attacks on 
villages. Interviews with many refugees indicated that UNITA committed 
abuses, including public extrajudicial killings, as a deliberate 
policy. UNITA killed numerous civilians during attacks on civilian 
traffic in the interior of the country. Such attacks were designed to 
halt transportation, disrupt commerce, isolate populations, and 
maintain a climate of insecurity. UNITA abducted numerous persons 
during the year; many, including children, died or were killed while in 
captivity (see Section 1.b.). There were reports that UNITA used forced 
conscription until the end of the war and killed persons who attempted 
to desert (see Sections 1.b. and 1.f.). Unlike in the previous year, 
there were no reports that UNITA forces killed Namibian citizens. 
Following the April 4 ceasefire, the movement of UNITA forces to the 
quartering areas, and the August 2 abolition of UNITA's military 
forces, killings attributed to UNITA ceased.
    NGO workers were killed during UNITA attacks. It was unknown in 
most cases whether they were targeted because of their work.
    UNITA never accounted for the deaths of numerous senior party 
officials. A number of high-ranking UNITA officials who had defected 
revealed the extent of killings in UNITA-held areas. UNITA did not 
allow the U.N. to investigate claims of human rights abuses in the 
limited areas (less than 5 percent of the country's territory) that it 
controlled until April. With the demobilization of UNITA, investigators 
were able to enter areas formally under UNITA control.
    There were no reports of any action taken, nor was any likely, 
against the UNITA rebels responsible for the following killings in 
2000: The January killing of 2 civilians outside of Rundu; the February 
killing of 3 civilians in Shinyungwe village; the February attack on 
Santa Clara in Cunene Province in which at least 26 civilians were 
killed; the March stoning and crucifixion of 6 children for allegedly 
giving information to the Government; the May attack on a hospital in 
Camacupa; the June unconfirmed discovery of 17 mass graves in Bie 
Province, each containing more than 100 bodies; the July attack on a 
residential school and training center in Huambo Province in which one 
boy was killed; the July attack on an orphanage in Huambo Province in 
which a teenager was killed; and the August killing of four civilians 
during an attack on the town of Catete.
    There were no developments in the November 2001 case in which armed 
persons killed five civilians and abducted two children outside Luanda.
    FLEC-FAC forces also reportedly tortured and killed civilians in 
Cabinda. According to the Ad-Hoc Commission on Human Rights in Cabinda, 
in August FLEC guerillas decapitated a woman accused of collaborating 
with the Government.
    There were no developments in the April 2000 case in which FLEC-FAC 
killed a foreign national during an ambush north of Dingo.

    b. Disappearance.--Persons taken into police custody disappeared 
without a trace, particularly in rural areas. In March three teenagers 
were handed over to police officials after an altercation in the 
municipality of Cazenga outside of Luanda. Family members discovered 
their bodies 4 days later. Investigation of the case was ongoing at the 
year's end. Suspects accused of illegal weapons ownership or 
collaboration with UNITA or FLEC-FAC disappeared. The Ad-Hoc Commission 
on Human Rights in Cabinda reported several disappearances of persons 
detained by government forces during the year for alleged ties to FLEC 
insurgents (see Section 1.g.).
    There were no new developments in the 2001 disappearance of 
civilians abducted from Zambian territory. Unlike in the previous year, 
there were no reports that government forces or UNITA rebels abducted 
persons from Zambia; however, in December government forces detained 
eight Zambians who crossed the border into the country. A detained 
woman was released quickly; however, there was no further information 
on the whereabouts of the seven detained men at year's end.
    On September 2, unidentified armed men abducted a traditional chief 
in Huambo Province. It was the first incident involving the kidnaping 
of a traditional leader since the signing of the April 4 Luena Accord. 
There were no developments in the case at year's end.
    Prior to the April 4 ceasefire, civilians abducted by UNITA 
generally either were recruited forcibly as soldiers or support 
personnel, or were considered government collaborators. The frequent 
discovery of bodies in the aftermath of attacks suggested that 
suspected collaborators were executed summarily. Those who escaped 
UNITA custody and were able to return to government-held areas reported 
that they were subjected to torture, beatings, and sexual abuse (see 
Section 1.c.). Some of the women kidnaped by UNITA soldiers did not 
know their origins or families because they were abducted at a very 
young age. Several eventually were forced into marriage. There were no 
reports that UNITA abducted persons after the April ceasefire.
    There were no developments in the February 2001 case in which 
suspected UNITA rebels kidnaped a traditional chief in Huambo or the 
April 2001 kidnaping of 50 persons in Benguela Province.
    There were no developments in the cases from 2000 in which UNITA 
rebels kidnaped persons: The January abduction of 2 teenage girls from 
a village near the border by 6 armed men suspected to be UNITA rebels; 
the July kidnaping of 21 children in Huambo Province; and the July 
kidnaping of 100 children from Quela.
    In previous years, the FLEC-FAC separatist group kidnaped civilians 
and foreign national employees of companies operating in Cabinda. In 
August FLEC-FAC announced that it no longer would perpetrate kidnaping. 
Unlike in previous years, there were no reports that the Front for the 
Liberation of the Enclave of Cabinda-Renewed (FLEC-Renovada) abducted 
persons.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution and the Penal Code explicitly prohibit 
all forms of mistreatment of suspects, detainees, or prisoners; 
however, security forces tortured, beat, raped, and otherwise abused 
persons. Local and international human rights organizations reported 
that there was widespread government abuse of suspects.
    Security service personnel frequently employed torture and other 
forms of cruel and degrading treatment, including rape. Until the April 
ceasefire, those suspected of ties to UNITA regularly were detained 
under inhuman conditions and were subjected to primitive and brutal 
forms of interrogation. Police frequently used torture and coerced 
confessions during investigations and rarely, if ever, were punished 
for such abuses. Nonpolitical criminal suspects also were subjected to 
abuse, although to a lesser extent. Police often beat and released 
suspects in lieu of trials (see Section 1.d.). For example, in August 
police detained and tortured two young men for illegal possession of a 
firearm in the municipality of Kilamba Kiaxi, according to independent 
media reports.
    After the April ceasefire, there were few reports of human rights 
abuses by the FAA, with the exception of operations in Cabinda and 
against illegal diamond miners (see Sections 1.a. and 1.b.). From April 
until the end of the year, the National Police and prison officials 
were the principal human rights abusers. Reports of police abuses 
collected by local human rights organizations detailed specific 
violations and generalized behavior during the year.
    Police frequently participated in acts of intimidation, robbery, 
carjacking, and killing (see Section 1.a.). For example, in June the 
local human rights organization Maos Livres reported that police raided 
the Sumbe market in Kwanza Sul and beat bystanders. Police also 
reportedly stole and destroyed vendors' merchandise.
    Police also extorted money from travelers and harassed refugees at 
checkpoints (see Section 2.d.). Police officers and soldiers reportedly 
harassed IDPs and denied them humanitarian supplies (see Section 2.d.). 
Police injured persons while forcibly dispersing demonstrations on at 
least one occasion (see Section 2.b.). Impunity was a serious problem.
    There continued to be reports that government forces raped women 
(see Sections 2.d. and 5).
    Unlike in the previous year, there were no reports that government 
forces harassed NGO workers.
    No action reportedly was taken in the following 2001 cases: The 
reported January beating and torture of several Namibians in Caprivi by 
a group of men in FAA uniforms; against the FAA soldiers who reportedly 
raped a woman in Zambia; the reported raping and looting while 
stationed in the DRC by some individual members of the FAA; the June 
injuring by police of an undetermined number of Boa Vista residents who 
were protesting their eviction and relocation.
    No action reportedly was taken, nor was any likely to be taken, in 
the following 2000 cases: The February beating by police of protesters 
during demonstrations, and the alleged July execution of two Namibian 
civilians and the injury of another by members of the FAA.
    Landmines laid by both sides during the conflict resulted in a 
continued high number of fatalities and injuries (see Sectiona. and 
1.g.).
    The U.N. and human rights organizations reported that abuse of 
suspects was common in areas that remained under UNITA control until 
April. Interviews with persons who fled UNITA-held areas revealed that 
UNITA used cruel and inhuman practices, including public torture, to 
punish dissent and deter further acts of disloyalty. Torture was used 
at all levels by UNITA forces during the war. There were repeated 
credible allegations that, prior to his death, UNITA leader Jonas 
Savimbi ordered suspects tortured and executed in his presence. There 
were reports that until the ceasefire UNITA engaged in reprisal attacks 
on civilians.
    Unlike in the previous year, there were no reports that UNITA 
forces abused Namibian citizens in border areas.
    No action was taken against UNITA members who attacked a commercial 
convoy in May 2001 or tortured and mutilated a truck owner in June 
2001.
    No action was taken against the approximately 100 members of UNITA 
who attacked a residential school and training center in Huambo 
Province in July 2000; the UNITA troops kidnaped 21 children and 
injured at least 4 others.
    There were government press reports that UNITA members harassed 
National Union for the Total Independence of Angola-Renewed (UNITA-
Renovada) members in Lunda Sul, Benguela, and Luanda.
    FLEC-FAC forces tortured and killed civilians in the Cabinda 
region.
    Prison conditions were harsh and life threatening. Cells were 
overcrowded and lack basic sanitary facilities. The prison system held 
approximately five times the number of prisoners that it was built to 
hold. Warehouses in Bengo, Malange, and Lunda Norte provinces were used 
as prison facilities during the year. Many prisons, lacking financial 
support from the Government, were unable to supply prisoners with 
adequate food and health care. There were credible reports from local 
NGOs that prisoners died of malnutrition and disease. For example, at 
the Viana Prison, malnutrition and disease were pervasive problems. 
Local human rights organizations reported that conditions were 
considerably worse outside the Luanda prison system. Many rural 
prisons, such as Chitato in Lunda Norte, were cited by local human 
rights organizations for not having toilets, beds, mattresses, water, 
or medicines. One prisoner reportedly died of malnutrition in Dundo 
Prison during the year.
    Prison officials routinely beat detainees. During the year, local 
human rights organizations reported that an inmate in Bengo Prison was 
held inside a water tank for 2 days without food or water as punishment 
for making an escape attempt. There also were independent media reports 
of a prison director in Huambo using prisoners as laborers in his 
house.
    Prisoners depended on families, friends, or international relief 
organizations for basic support, including food. Prison officials, who 
chronically were unpaid, supported themselves by stealing from their 
prisoners and extorting money from family members. For example, prison 
guards continued to demand that prisoners pay for weekend passes that 
they were entitled to receive.
    Juveniles, often incarcerated for petty theft, were housed with 
adults and suffered abuse by guards and inmates. Female prisoners were 
held separately from male prisoners; however, there were reports that 
prison guards sexually abused female prisoners. Detained individuals 
awaiting trial frequently were housed directly with sentenced inmates, 
and prisoners serving short-term sentences often were held with inmates 
serving long-term and life sentences for violent crimes.
    The Government permitted foreign diplomatic personnel and local and 
international human rights observers to visit prisons during the year. 
Local human rights monitors were permitted to visit some individual 
prisoners; however, in July deputies from the National Assembly 
Committee on Human Rights attempted to visit prisons in Malange and 
Lunda Sul provinces to verify conditions but were blocked from entering 
the institutions by prison officials.

    d. Arbitrary Arrest, Detention, or Exile.--Under the law, a person 
caught in the act of committing a crime may be arrested and detained 
immediately. Otherwise, the law requires that a judge or a provincial 
magistrate issue an arrest warrant. Arrest warrants also could be 
signed by members of the judicial police and confirmed within 5 days by 
a magistrate; however, arbitrary arrest and detention were serious 
ongoing problems, and security forces used arbitrary arrest and 
detention during the year (see Section 1.c.). Persons were denied due 
process. With the end of active FAA counterinsurgency operations 
against UNITA in April, the National Police became the primary source 
of abuses during the year; however, from September to December reports 
of arbitrary detentions increased markedly in Cabinda with the 
launching of a large government offensive against FLEC guerillas (see 
Section 1.g.).
    The Constitution provides for the right to prompt judicial 
determination of the legality of the detention. Under the law, the 
prosecution and defense have 90 days before a trial to prepare their 
case, although both sides generally have the right to request an 
extension of this deadline under extenuating circumstances. The 
Constitution also provides prisoners with the right to receive visits 
by family members; however, such rights frequently were ignored in 
practice. There was a scarcity of personnel and resources and a lack of 
official determination to ensure these rights. Although the Ministry of 
Justice was nominally in charge of the prison system, the Ministry of 
the Interior continued to arrest and detain persons systematically, 
arbitrarily, and secretly for all categories of crimes and for 
indefinite periods, often with no apparent intent to bring the 
detainees to trial.
    Under the criminal law, a person may not be held for more than 135 
days without trial. The National Security Law provides for a maximum of 
180 days of preventive detention; however, in practice, laws regarding 
preventive detention frequently were ignored. Preventive detention is 
allowed when an individual is caught in the act of committing a crime 
punishable by a prison sentence.
    An insufficient number of judges and poor communications between 
various authorities led to prolonged detention. More than 60 percent of 
inmates were awaiting trial. Inmates who had been awaiting trial for 2 
or 3 years were common. In one case, an inmate detained in Uige 
province was transported to Luanda and held for 2 years waiting to be 
returned to Uige to stand trial. Local human rights groups cited at 
least seven cases of inmates who had been detained between 2 and 5 
years still awaiting hearings at year's end. In many cases, police beat 
and then released detainees rather than make any effort to prepare a 
formal court case (see Section 1.e.). Local human rights organizations, 
such as Maos Livres and Association for Justice, Peace, and Democracy 
were successful in securing the release of some detainees during the 
year.
    Unlike in the previous year, there were no reports that the 
Government detained opposition supporters.
    Police arrested persons holding demonstrations (see Section 2.b.).
    Unlike in the previous year, there were no reports that local 
police detained UNITA-Renovada supporters.
    There were reports that UNITA kidnaped and detained persons 
primarily from rural areas against their will until the end of the war. 
The number of such affected persons was unknown.
    Unlike in previous years, the Government did not hold political 
detainees. As part of the April ceasefire, 84,000 UNITA troops were 
quartered in 35 gathering areas. In August FAA and UNITA military 
commanders selected 5,007 UNITA troops for integration into active-duty 
FAA units. On October 20, the remaining ex-UNITA forces began returning 
to their areas of origin in a government-organized resettlement program 
(see Section 1.g.). Unlike in previous years, there were no reports of 
POWs being held by either the Government or UNITA.
    The Government did not use forced exile as a form of punishment. 
Some UNITA members previously claimed that they went into self-imposed 
exile because the Government threatened their lives. Several prominent 
UNITA members returned to the country following the Luena Accord and 
the transition of UNITA to solely a political party.

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary; however, the judiciary, where it functioned, was 
not independent of the President and the MPLA, and political pressure 
from the presidency affected the outcome of cases. In practice the 
court system lacked the means, experience, training, and political 
backing to assert its independence from the President and the ruling 
MPLA party. The President has strong appointive powers, including the 
power to appoint Supreme Court justices without confirmation by the 
National Assembly. The judicial system largely was destroyed during the 
civil war and did not function in large areas of the country. During 
the first half of the year, the Government rebuilt courts in Cabinda, 
Benguela, and Kwanza Sul; however, where provincial courts existed 
there was often only one judge to cover all cases, civil and criminal, 
in the province. In many cases, police beat and then released detainees 
rather than make any effort to prepare a formal court case.
    The court system consists of the Supreme Court at the appellate 
level plus municipal and provincial courts of original jurisdiction 
under the nominal authority of the Supreme Court. The Supreme Court 
serves as the appellate division for questions of law and fact. A 
Constitutional Court provided for in the 1991 Constitution had not been 
established by year's end; the Constitution provides for judicial 
review of constitutional issues by the Supreme Court until the 
Constitutional Court is established. There were long delays for trials 
at the Supreme Court level. Trials for political and security crimes 
are supposed to be handled exclusively by the Supreme Court; however, 
there were no known cases of such trials. The criminal courts, in 
particular, have a large backlog of cases that caused major delays in 
scheduling hearings. The legal code and rules of procedure remained 
outdated, although some steps toward modernization had begun.
    The Constitution provides defendants with the presumption of 
innocence, the right to a defense, and the right to appeal. Legal 
reform in 1991 established the right to public trials, a system of 
bail, and recognized the accused's right to counsel; however, the 
Government did not always respect these rights in practice. Trials are 
open to the public; however, each court had the discretion to close 
proceedings arbitrarily. Defendants do not have the right to confront 
their accusers. Judges were usually not licensed lawyers. The judge and 
two lay persons elected by the full court act as the jury.
    During the year, human rights training was provided to lawyers with 
support from the Human Rights Division of the U.N. Mission in Angola 
(UNMA). The lawyers were trained to work in municipal police stations 
and intervene to protect the rights of individuals in police custody.
    Government corruption was pervasive, and accountability was 
limited. The Tribunal de Contas (Anticorruption Tribunal) was created 
in April 2001. The Tribunal was headed by a judge who also was a deputy 
in the National Assembly. It had a generous budget and reportedly is 
autonomous, with powers to investigate and prosecute corruption at all 
levels. While it had not tried any cases yet, the Tribunal claimed to 
be investigating senior members of the Government, including governors 
and ministers.
    Unlike in the previous year, no one was released under the Amnesty 
Law; however, a general amnesty for all acts committed by government 
and UNITA soldiers during the war was included in the April ceasefire.
    In the past, UNITA established a nominal military and civilian 
court system in territories under its control and claimed that its 
Civil Code was equivalent to the Portuguese Civil Code used by the 
Government; however, there was no indication that UNITA maintained this 
system in the isolated pockets of territory it controlled at the end of 
the war, and reports indicated that strict martial law applied in those 
areas.
    Unlike in previous years, there were no reports that the Government 
held political prisoners.
    After the signing of the April ceasefire, there were no reports 
that UNITA held political detainees or prisoners.

    f. Arbitrary Interference with Privacy, Family, Home or 
Correspondence.--The Constitution provides for privacy of home, 
correspondence, and business information; however, the Government 
infringed on citizens' privacy rights. The Government maintained a 
sophisticated security apparatus dedicated to the surveillance, 
monitoring, and wiretapping of certain groups, including opposition 
party leaders, journalists, members of the National Assembly, and 
foreign diplomats. Legal requirements for search warrants routinely 
were disregarded.
    Until the April ceasefire, there were reports that army units 
engaged in a scorched earth policy in the central and eastern parts of 
the country, burning villages, destroying crops, and terrorizing 
civilians (see Sections 1.a. and 1.g.). There were reports of similar 
tactics used against separatists in Cabinda. Government and UNITA 
forces reportedly attacked women in their homes, while they were 
working in the fields, near military camps, and during searches of 
homes (see Sections 1.g. and 5). There were no developments in the May 
2001 case of four soldiers arrested in Namibia for threatening a woman.
    During the final stages of the war, the IDP situation deteriorated 
as the Government forcibly moved large numbers of persons as part of 
its counterinsurgency operations against UNITA. With the end of 
hostilities and the high number of IDPs straining humanitarian relief 
efforts, there were reports that the Government forced IDPs out of 
camps and back to their places of origin before resettlement areas were 
declared free of mines and accessible to continued food deliveries or 
otherwise met standards adopted by the Government as preconditions to 
return (see Section 2.d.).
    In June 2001, the Government evicted 5,500 families from their 
homes in the Boa Vista neighborhood in Luanda as a part of an urban 
renewal project; a number of persons were killed, injured, or arrested 
during the confrontation between police and residents. The forced 
relocation effectively denied them access to employment and services, 
including public transportation, in the capital (see Section 2.d.). At 
year's end, the Government had built only a fraction of the houses it 
promised, and the residents still were living in temporary shelters at 
an isolated camp outside of Luanda. Journalists were able to report on 
the camp.
    To enforce laws on mandatory military service, the armed forces and 
police conducted forced conscription drives, particularly in rural 
areas, in which some minors may have been recruited. Under the law, 
military service is obligatory, but the pattern of the forced 
recruitment targeted poor communities and unemployed young men. Persons 
who could prove that they had jobs usually were released, and those 
with financial means could purchase an exemption from the armed forces. 
Unlike in the previous year, there were no reports that NGO workers 
were targeted for forced recruitment. The Government denied that forced 
recruiting took place.
    Until the April ceasefire, UNITA looted and destroyed property to 
replenish their supplies of food and medicine and continued to 
conscript forcibly civilians, including children, for military duty 
(see Section 1.g.).

    g. Use of Excessive Force and Violations of Humanitarian Law in 
Internal Conflicts.--The country's competing independence movements 
began a civil war immediately after independence in 1975, which lasted 
until the signing of the Bicesse Accords in 1991. In 1992 UNITA, under 
the leadership of Jonas Savimbi, rejected the results of the 
presidential election and resumed the civil war. In an effort to end 
the civil war, the Government and UNITA signed the Lusaka Protocol in 
1994. The agreement called for the demilitarization of UNITA, the 
creation of a national army, the seating of a government of national 
unity and reconciliation, and the extension of state administration to 
areas formerly under UNITA control. The Government generally complied 
with its obligations under the protocol; however, UNITA failed to 
comply with several fundamental aspects of the protocol. It maintained 
a significant military capability, and it refused to surrender the 
territory it held to state administration.
    In 1998 fighting resumed between the Government and Jonas Savimbi's 
armed faction of UNITA. A splinter group called UNITA-Renovada and 
another, larger, peaceful faction of UNITA rejected war and pursued 
their respective agendas through peaceful political activity, including 
as members of the National Assembly. In 1999 the FAA destroyed the 
conventional military capacity of UNITA and consolidated its military 
control of most of the nation's territory; however, UNITA reorganized 
itself as a guerrilla force and continued to carry out deadly attacks 
on lightly defended targets until the February 22 death of Savimbi in a 
FAA attack in Moxico Province.
    Within weeks of Savimbi's death, the remaining UNITA leadership 
began ceasefire negotiations in the eastern city of Luena with the 
Government. On April 4, the Government and UNITA signed the Luena 
agreement, which set a timeline for disarming and disbanding all UNITA 
military forces by the end of July. On August 2, UNITA's military force 
officially was disbanded, and all ex-UNITA personnel were incorporated 
into the FAA.
    Military operations by both the Government and UNITA resulted in 
numerous human rights violations until the end of hostilities. The 
Government and UNITA used antipersonnel landmines to strengthen 
defensive positions and, in the case of UNITA, reportedly to prevent 
residents within its own areas from fleeing to government-held areas 
(see Section 2.d.). Large areas were remined after the resumption of 
fighting in 1999, mostly by UNITA. Military attacks resulted in 
indiscriminate and summary killings, abductions, torture, destruction 
of property, and theft (see Sections 1.a., 1.b., and 1.c.). The 
provinces most affected were Lunda Norte, Lunda Sul, Malange, Bie, and 
Moxico, although UNITA also mounted raids near the coast during the 
last months of the war. The Government's failure to pay, feed, and 
equip many of its army and police personnel resulted in frequent 
extortion and theft. Government personnel confiscated food, including 
donated relief supplies, livestock, and personal property. The 
Government continued to use forced conscription until the ceasefire 
with UNITA (see Section 1.f.).
    In the closing stages of the war, both the Government and UNITA 
used the control of civilian populations as part of their tactics. 
Government units engaged in a scorched earth policy, burning villages 
and killing civilians (see Section 1.a.). In part due to this policy, a 
large number of persons in rural areas were displaced, and agricultural 
production was diminished. UNITA tried to prevent the same populations 
from fleeing in order to retain authority over them. As a result, many 
civilians were trapped in extremely remote areas, inaccessible to 
humanitarian relief agencies and unable to grow their own food. After 
the end of the conflict, the U.N. conducted surveys of 28 previously 
inaccessible areas and found serious to severe malnutrition and high 
morbidity and mortality rates in most of them. Large-scale 
international humanitarian assistance was necessary to avert widespread 
famine.
    The Luena Accord provided for the quartering and demobilization of 
UNITA's 84,000 soldiers and officers. Of that total, FAA and UNITA 
military commanders selected 5,007 for integration into active-duty FAA 
units in August. On October 20, the remaining ex-UNITA forces began 
returning to their areas of origin after the Government began closing 
the 35 quartering camps. Although the Government initially announced it 
would close the camps by October 15, it reversed that decision and 
allowed the camps to remain open until at least the end of the year. 
There were credible reports that one camp in Kwanza Sul province was 
burned and emptied by the FAA in late October. Conditions in many of 
the resettlement areas did not meet the Government's own standards for 
being clear of landmines, accessible to government services, and near 
potable water. There were no confirmed reports of human rights 
violations against ex-UNITA troops in the 35 quartering areas.
    Unlike in the previous year, there were no reports of FAA and 
police harassment of and attacks on humanitarian workers.
    While estimates varied widely and there was a growing consensus 
that the exact number was lower than previously thought, at least 
500,000 landmines were estimated in the country. The United Nations 
Development Program (UNDP) also estimated that there were 2 million 
unexploded munitions in the country. According to the Angolan National 
Institute for the Removal of Explosive Obstacles and Devices (INAROEE), 
at least 42 persons were killed and 124 injured by landmines during the 
year. With large numbers of persons returning following the April 
ceasefire and mass migrations due to food insecurity, the number of 
affected persons was believed to be higher than the previous year. The 
Government and various international NGOs had ongoing landmine 
clearance operations.
    The number of IDPs increased significantly over the previous year 
as the counterinsurgency campaign against UNITA intensified in the last 
months of the war, and military forces forcibly displaced citizens (see 
Section 2.d.).
    There continued to be reports that government forces raped women 
(see Section 5).
    With the cessation of hostilities with UNITA in April, the 
Government reportedly intensified its military operations against 
separatists in Cabinda. While reports of generalized human rights 
abuses by the FAA almost ceased in other parts of the country after the 
signing of the Luena Accord, reports of civilians killed in the 
fighting in Cabinda were increasing at year's end. There were reports 
that government forces shelled civilian villages during the year, and 
there were reports that government forces were employing similar 
counterinsurgency tactics against FLEC-FAC as they used against UNITA. 
A detailed report by the Ad-Hoc Commission on Human Rights in Cabinda 
released in December listed several dozen cases of human rights 
violations by government forces and a smaller number by separatist 
guerillas (see Sections 1.a., 1.b., 1.c., and 1.d.).
    UNITA forces routinely violated citizen's rights in pursuit of 
military objectives. There were continued reports of deaths resulting 
from UNITA attacks on villages throughout the country and executions of 
suspected government supporters by UNITA forces until the April 
ceasefire (see Section 1.a.). UNITA carried out forced recruiting, 
including of children, in territories under its control until the end 
of the war. Recruits were taken to isolated military camps and 
subjected to psychological stress and extreme hardships; those who 
attempted to desert were executed. Women, many as young as 13 years of 
age, were recruited forcibly to serve as porters and camp followers, 
and reports of sexual assault were widespread and credible (see 
Sections 5 and 6.c.). Unlike in the previous year, there were no 
reports that UNITA rebels targeted for killings and other abuses 
citizen NGO employees in the country. Unlike in previous years, after 
the April ceasefire there were no reports that UNITA rebels raided 
villages or kidnaped civilians. Reports of abuses by UNITA ceased after 
the April ceasefire.
    The separatist group FLEC-FAC killed foreign nationals and tortured 
and killed civilians in the Cabinda region.

Section 2. Respect for Civil Liberties, Including:

    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of expression and of the press and specifically provides that 
the media cannot be subject to ideological, political, or artistic 
censorship; however, the Government at times restricted this right in 
practice. The Government continued to intimidate journalists into 
practicing self-censorship. There were reports that the Government paid 
journalists to publish progovernment stories. In previous years, the 
Government detained for up to several months or placed under 
investigation journalists who reported on sensitive issues, including 
military operations, government corruption, and UNITA, especially Jonas 
Savimbi. However, during the year, there was increasing private media 
attention to corruption, economic mismanagement, and opposition 
politics, and there were no reports that journalists were placed under 
investigation for such reporting. Nevertheless, there were reports that 
the Government limited access by independent journalists to certain 
events and interviews, and journalists acknowledged that they exercised 
self-censorship when reporting on highly sensitive matters.
    Defamation against the President or his representatives is a 
criminal offense, punishable with imprisonment or fines. Truth was not 
a defense to defamation charges; the only allowable defense was to show 
that the accused did not produce the actual write the allegedly 
defamatory material. Criminal defamation charges were dropped against 
journalist Gilberto Neto, and he was free to travel outside the 
country.
    In July the National Assembly passed the Law on State Secrecy, 
which provides the executive branch broad authority to classify public 
information and impose criminal penalties on individuals who publicize 
information that the Government views as damaging. The new law gave the 
Government authority to censor reports from international financial 
institutions or international press stories that criticized the 
Government or exposed official corruption. The Government also can 
prosecute international oil companies under the law for releasing data 
on their transactions with the parastatal oil company; however, the new 
law had not been used by year's end.
    The majority of the media was state-run and carried very little 
criticism of the Government; however, the Government tolerated 
increasing criticism of its policies and actions in the independent 
media. Specific harassment of independent media diminished during the 
year in most of the country. There were seven private weekly 
publications with circulation in the low thousands. A committee 
composed of the Minister of Social Communication, the spokesman of the 
Presidency, and the directors of state-run media organizations 
controlled policy and censorship authority. The MPLA's Secretary 
General also influenced the content and tone of state-run media 
reporting. The Government used its control of the media to influence 
local and international public opinion, particularly about UNITA.
    The state press often criticized independent journalists and 
opposition leaders, but limited access for these journalists to 
respond. During the year, UNITA leadership and opposition party leaders 
complained they were denied the opportunity to respond to criticism and 
negative innuendo against them in the official media. In August the 
Government announced the formation of a committee consisting of both 
government and nongovernment representatives to revise the media law. 
The committee appointed by the President was expected to release a 
draft law for public comment in January 2003. In 2000 the Government 
suspended the earlier drafting process and withdrew a draft law 
submitted for public comment after widespread criticism of the text for 
not allowing expansion of political dialogue and for increasing the 
criminal penalties for defamation.
    Provincial governments, particularly in Malange and Kwanza Norte, 
limited press freedom and harassed independent journalists during the 
year. Unlike in the previous year, local authorities did not prohibit 
independent journalists from traveling to the provinces.
    The news ban on war coverage that was instituted in 1999 ended with 
the April ceasefire.
    Unlike in the previous year, there were no reports that the 
Government discouraged potential advertisers from buying advertising 
space in independent newspapers. Unlike in the previous year, there 
were no reports that the Government harassed, arrested, or detained 
journalists on charges of slander, and crimes against the security of 
the State. Unlike in the previous year, there were no reports that 
government authorities threatened journalists or that police 
confiscated material from journalists.
    There were no developments in the July 2001 case in which police 
confiscated Folha 8 journalist Gilberto Neto's reports without a 
warrant, or the July and November 2001 cases in which government 
authorities threatened journalists.
    There were also five commercial radio stations including the 
Catholic Radio Ecclesia, and Radio Lac Luanda, which openly criticized 
aspects of government policies and highlighted poor socioeconomic 
conditions. Unlike in the previous year, there were no reports that 
radio stations suspended their programming reportedly because of 
government pressure. Also unlike in the previous year, there were no 
reports that journalists working for radio stations were attacked or 
kidnaped.
    There were no developments in the February 2001 case in which VOA 
and Radio Ecclesia correspondent Isaias Soares was attacked by armed 
men, or the July 2000 case in which Radio Ecclesia director Paulo was 
kidnaped by individuals claiming to represent the Government.
    The Government generally did not restrict the activities of foreign 
media, including the British Broadcasting Corporation (BBC) and Voice 
of America (VOA). Unlike in the previous year, there were no reports 
that the Government refused to allow direct retransmissions of their 
broadcasts. Foreign journalists must obtain authorization from the 
Ministry of the Interior to obtain access to government officials or to 
travel within the country. With the end of the war in April, media 
requests to travel to areas previously not controlled by the Government 
were no longer denied. The Government placed no abnormal visa 
restrictions on foreign journalists and allowed them freedom to report 
on all aspects of society. Unlike in the previous year, there were no 
reports that the Government authorities prevented foreign 
correspondents from reporting in any area of the country.
    UNITA did not permit freedom of expression in the areas under its 
control until the end of the war.
    The Government did not restrict academic freedom, and academics did 
not practice self-censorship. Academics frequently served as 
commentators for independent media and spoke at public forums in 
Luanda. Students were permitted to speak and read freely; however, the 
Government tightly controlled student and other protests or 
demonstrations (see Section 2.b.).

    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for the right of assembly; however, the Government restricted 
this right in practice. The law requires a minimum of 3 days' prior 
notice before public or private assemblies are to be held, and makes 
participants liable for ``offenses against the honor and consideration 
due to persons and to organs of sovereignty'' (see Section 2.d.). 
Applications for progovernment assemblies were granted routinely 
without delay; however, applications for protest assemblies rarely were 
granted.
    In August local human rights organizations reported the illegal 
detention of three refugees from the DRC in the municipality of 
Ingombotas. According to independent media reports, the three refugees 
were held illegally for 1 week after they attempted to hold a public 
demonstration in front of the local U.N. High Commissioner for Refugees 
(UNHCR) office to protest their conditions.
    On October 8, police forcibly dispersed students who were 
demonstrating in support of a strike by their professors at Agostino 
Neto University (see Section 6.b.), and arrested at least five 
students. On October 18, the strike was resolved, and no charges were 
brought against the five arrested students. The Government-run daily, 
Jornal de Angola, criticized the police for their handling of the 
demonstration.
    On November 28, police moved 30 Congolese refugees who had 
maintained a vigil outside the UNHCR's Luanda office for 5 months to a 
nearby refugee camp (see Section 2.d.).
    Unlike in the previous year, there were no reports that opposition 
supporters were detained after holding demonstrations.
    No action was taken, nor is any likely to be, against members of 
the police who in February 2000 beat protesters and used excessive 
force to disperse several demonstrations, including a demonstration in 
front of a church in Luanda.
    The Constitution provides for the right of association; however, 
the Government restricted this right in practice. Legislation permits 
the Government to deny registration to private associations on security 
grounds. Although the Government approved most applications, including 
those for political parties, the Ministry of Justice continued to block 
the registration of the local human rights group Association of 
Justice, Peace, and Democracy (AJPD) by not taking action on its 
application originally filed in 2000. At year's end, AJPD was awaiting 
a Supreme Court decision on its suit against the Ministry of Justice 
for not processing the registration application. AJPD continued to 
function during the year (see Section 4). Independent labor activists 
reportedly also encountered difficulty with provincial government 
authorities in registering branch associations; however, vigils and 
demonstrations did take place (see Section 6.b.). The Government also 
arbitrarily restricted associations that it considered antigovernment, 
by refusing to grant licenses for organized activities and through 
other means, such as police or other official harassment. Opposition 
parties were permitted to organize and hold meetings during the year.

    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government generally respected this right in 
practice.
    In January the Government confirmed that religious groups must 
register with the Ministry of Justice and the Ministry of Education and 
Culture. Colonial-era statutes banned all non-Christian religious 
groups from the country; while those statutes still exist, they no 
longer were enforced. Early in the year, the colonial-era law granting 
civil registration authority to the churches was reinstated. In October 
the provincial government in Cabinda banned 17 religious sects for not 
being registered, for endangering lives with the unauthorized practice 
of medicine on sect members, and for illegally setting up churches in 
residences. No additional information was available at year's end.
    Members of the clergy regularly used their pulpits to criticize 
government policies. Church-based organizations, in particular the 
ecumenical Inter-Church Committee for Peace in Angola (COIEPA), were 
vocal in calling for peace and dialog between the Government and UNITA 
until the April ceasefire. Members of the Catholic clergy also were 
active in trying to facilitate talks between the Government and FLEC-
FAC in Cabinda.
    While in general UNITA permitted freedom of religion in the areas 
it controlled until the end of the war, persons who left UNITA-
controlled areas prior to the ceasefire revealed that the clergy did 
not enjoy the right to criticize UNITA policies.
    For a more detailed discussion see the 2002 International Religious 
Freedom Report.

    d. Freedom of Movement Within the Country, Foreign Travel, 
Emigration, and Repatriation.--The Constitution provides for freedom of 
movement and residence, and freedom of exit from and entry into the 
country; however, the Government did not respect these rights in 
practice. A network of government security checkpoints throughout the 
country interfered with the right to travel, and such checkpoints also 
served as a principal source of income for many of the country's 
security service personnel. Police routinely harassed refugees at 
checkpoints. The Government routinely restricted access to areas of the 
country that were deemed insecure or beyond the administrative 
authority of the Government. Lack of security prevented persons from 
transporting goods until the April 4 ceasefire. Since April increasing 
stretches of previously inaccessible areas have been opened to transit. 
Poor infrastructure and landmines were the principal obstacles to free 
movement of persons throughout the country.
    Extortion at checkpoints was routine in Luanda and pervasive on 
major commercial routes. In July the Bishop of Uige spoke out against 
ANP officers who systematically extorted residents at checkpoints on 
roads linking surrounding municipalities with the provincial capital.
    Police forcibly moved poor residents from central neighborhoods in 
Luanda to outlying areas as part of urban revitalization programs (see 
Section 1.f.).
    Unlike in the previous year, there were no reports that the MPLA 
attempted to restrict the ability of opposition deputies to travel 
within the country.
    Unlike in the previous year, there were no reports that police or 
army members obstructed the movements of NGOs in the country.
    Landmines were a major impediment to the freedom of movement. UNITA 
used landmines primarily on roads and trails to disrupt transportation 
and to control village populations. Government mining generally was 
confined to strategic positions around towns for defensive purposes. 
Estimates of the total number of landmines deployed throughout the 
country ranged into the millions. Fear of injury and death from 
landmines effectively imprisoned and impoverished entire communities. 
There were 42 recorded deaths due to landmine explosions during the 
year, and there were more than 80,000 persons who survived landmine 
explosions (see Sections 1.g. and 5).
    Unlike in previous years, the Government did not prohibit 
journalists who were convicted of defamation from traveling outside of 
the country (see Section 2.a.). Foreign journalists must obtain 
authorization from the Ministry of the Interior to obtain access to 
government officials or to travel within the country. After the April 
ceasefire, media requests to travel to areas previously not controlled 
by the Government were no longer denied.
    The Government did not place restrictions on emigration and 
repatriation; however, there were reports that immigration officials 
harassed and extorted money from foreign businessmen.
    The number of persons internally displaced by the conflict 
increased during the year, largely as a result of forcible 
resettlements. Family separations also increased markedly due to the 
sudden and disorganized displacements. These population movements 
combined with the disruption of agricultural work led to widespread 
food shortages in rural areas. The ceasefire allowed access to 
previously isolated areas suffering from famine. International 
humanitarian agencies significantly boosted emergency feeding 
operations to respond to the crisis.
    The Ministry of Assistance and Social Re-Insertion (MINARS) 
reported that there were more than 4 million IDPs in the country at the 
peak of the humanitarian crisis, and in September the U.N. reported 
that there were 1,269,303 confirmed IDPs and 4,440,056 reported IDPs in 
the country. By year's end, the Government reported that at least 2.8 
million people still were displaced. Many IDPs were returned refugees 
from neighboring countries who were reintegrated into the country from 
1994 to 1998. The majority of registered IDPs were located in Bie, 
Huambo, and Malange provinces in the interior of the country. IDPs who 
arrived from UNITA-controlled areas displayed signs of abuse and severe 
malnutrition. MINARS has primary responsibility for IDPs and 
implemented housing and resettlement programs; however, these efforts 
remained inadequate. Conditions for IDPs continued to be difficult 
throughout the year. In August the U.N. Office for the Coordination of 
Humanitarian Affairs (OCHA) estimated that between 2 and 6 persons per 
10,000 IDPs perished every day.
    There were 120 IDP camps in the country, all of which were 
accessible to humanitarian agencies at year's end, although some were 
inaccessible prior to the April ceasefire with UNITA. International 
humanitarian agencies confirmed 1.5 million IDPs in need of 
humanitarian assistance and projected that the caseload would increase 
to 1.9 million by the end of the year. A total of 314,494 UNITA family 
members were included in the total that were registered for 
humanitarian assistance in the family reception areas established under 
the April 4 Luena Accord. IDPs continued to be harassed in camps; 
however, unlike in previous years, there were no reports that IDPs 
contributed labor or paid for building materials or water. There 
continued to be reports that police officers and soldiers harassed IDPs 
and denied them humanitarian assistance due to misappropriation by the 
authorities who were stealing supplies. IDPs were conscripted forcibly 
in both government- and UNITA-controlled areas until the end of the war 
(see Section 1.f.).
    Unlike in the previous year, there were no reports that local 
leaders displaced populations suspected of UNITA sympathies into 
villages that were located in the path of oncoming attacks.
    Following the April ceasefire, provincial governments began the 
relocation of IDPs. According to OCHA, as of December, approximately 
1.1 million had returned home and approximately 10,000 persons left the 
IDP camps every day. In 2001 MINARS gave provincial governments primary 
responsibility for IDP resettlement and set forth guidelines to ensure 
the safe, voluntary resettlement of IDPs to areas cleared of mines and 
with access to water, arable land, markets, and state administration; 
however, by year's end, there were reports of forced relocations of 
IDPs to resettlement sites that did not meet the published standards. 
There also were credible reports of government efforts to force IDPs to 
leave camps and return home without respect to conditions at their 
places of origin or even to MINARS' own standards. In one case in 
October, the Government forcibly moved 18 families by FAA helicopter in 
Moxico and confiscated their possessions.
    As of June, the U.N. estimated that there were 435,000 Angolan 
refugees in neighboring countries as a result of the conflict. The 
largest number of them sought refuge in the DRC, with smaller numbers 
fleeing to Namibia and Zambia. At year's end, Namibia's border was 
open, and goods and people moved freely. According to the UNHCR, more 
than 190,000 Angolan refugees were living in the DRC, some of whom 
began returning to the country during the year. Spontaneous returns 
began after the April ceasefire. The UNHCR estimated that more than 
86,000 Angolan refugees returned spontaneously to the country by year's 
end.
    The law provides for the granting of asylum and refugee status in 
accordance with the 1951 U.N. Convention Relating to the Status of 
Refugees and its 1967 Protocol. The Government cooperated with the 
UNHCR, and provided first asylum to refugees. An eligibility committee 
to evaluate asylum claims met regularly to evaluate asylum requests. 
According to UNHCR, the country had approximately 14,000 refugees, most 
of whom were from the DRC.
    In June a group of refugees in the country began petitioning for 
better living conditions and more legal protections. The refugees 
complained that they were not given appropriate identity documentation. 
They also accused the Government of not keeping its promise to provide 
land and building materials after the refugees were moved by the 
Government in 2001. After they had camped in front of the UNHCR's 
Luanda office for 5 months, the police moved them to a nearby refugee 
camp in November.
    There were reports of the illegal detention of refugees after they 
attempted to hold a demonstration (see Section 2.b.).
    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 all adult citizens with the right to 
choose the President of the Republic and deputies in the 220-seat 
National Assembly by secret ballot in direct multiparty elections; 
however, in practice citizens have no effective means to change their 
government. The Constitutional Committee of the National Assembly 
continued to work on a new constitution and a new electoral law. After 
a 5-month suspension of debate, the Government and UNITA concluded an 
agreement in December resolving the impasse over what system of 
government would be adopted. Opposition political parties criticized 
the deal for not including their input. Despite its previously stated 
intentions to schedule elections during the year, the Government 
postponed elections until at least 2004 and some government officials 
have suggested 2005. Opposition parties complained of harassment and 
intimidation by the Government.
    Under the April 4 Luena Accord, UNITA began the transition to a 
demilitarized opposition political party; however, it struggled to 
unify members who stayed in Luanda after the resumption of war in 1998 
and UNITA-Renovada faction leaders with those leaders who fought with 
Savimbi until his death in February. The Government complicated 
reunification by continuing to recognize the tiny Renovada faction as 
the official UNITA party and providing it with material support, even 
thought it represented only a small number of UNITA supporters. The 
Luena Accord provided for the conclusion of the final political tasks 
of the Lusaka Protocol, including the naming of UNITA officials to 
government ministries, provincial governorships, and ambassadorial 
posts.
    The President is elected by an absolute majority. If no candidate 
wins such a majority, a runoff must take place between the two 
candidates with the most votes. Of the 220 deputies in the National 
Assembly, 130 are elected on a national ballot, and 90 are elected to 
represent the provinces. The Electoral Law also calls for the election 
of three additional deputies to represent citizens living abroad; 
however, those positions were not filled in the 1992 elections.
    Ruling power was concentrated in the President and other members of 
the Council of Ministers, through which the President exercised 
executive power. The Council can enact decree-laws, decrees, and 
resolutions, thereby controlling most functions normally associated 
with the legislative branch. Although the Constitution establishes the 
position of Prime Minister, the President dismissed the Prime Minister 
during the MPLA Party Congress in 1998, assumed the position himself by 
decree, and held it for 4 years. In December the President named 
Interior Minister Fernando Dias dos Santos ``Nando'' the Prime 
Minister. Since its inception, the National Assembly has served as a 
rubber stamp for the Council of Ministers. While opposition deputies 
held approximately 43 percent of National Assembly seats and 
substantive debates sometimes took place, few mechanisms existed to 
check the power of the MPLA majority or defeat legislation supported by 
the executive branch. Laws passed during the year, such as the Law on 
State Secrecy and the Law on National Security, further strengthened 
executive authority and limited legislative oversight (see Section 
2.a.).
    Immediately after independence, the country's competing 
independence movements began a civil war, which lasted until the 
signing of the Bicesse Accords in 1991 that legalized opposition 
parties. The 1992 elections were the first multiparty democratic 
elections in the country's history; they were conducted with U.N. 
supervision and financial support. MPLA president Jose Eduardo Dos 
Santos won a plurality of votes cast (49 percent), and UNITA leader 
Jonas Savimbi finished second (40 percent). Although local and 
international observers declared the election to be generally free and 
fair and called on UNITA to accept the results, UNITA claimed that the 
elections were fraudulent, rejected the results, and returned the 
country to civil war. The runoff election between Dos Santos and 
Savimbi never was held. The Lusaka Protocol stated that it would take 
place following a U.N. determination that requisite conditions exist.
    The present government was formed in 1997 after UNITA and 10 
smaller opposition parties joined the ruling MPLA in a government of 
national unity and reconciliation. In 1998 UNITA officials assumed 4 
ministerial and 7 vice-ministerial positions, and 70 UNITA deputies 
took their seats. UNITA governors, vice governors, and local 
administrators were nominated, but the remaining positions were filled 
by members of a splinter UNITA group, UNITA-Renovada, which was 
recognized and assisted by the Government. The National Assembly 
promulgated a special status for Savimbi, declaring him to be the 
leader of the largest opposition party and providing him with 5 
official residences and a bodyguard contingent of 400 personnel. The 
National Assembly revoked Savimbi's status in 1998 for abrogating his 
duties under the Lusaka Protocol. In 1999 the Government declared 
Savimbi a war criminal and issued a warrant for his arrest. After 
almost 3 years of intense counterinsurgency operations by government 
forces, on February 22, Savimbi was killed in battle with FAA troops in 
Moxico. On April 4, the remaining UNITA forces in the field signed the 
Luena Accord with the Government, which provides for the 
demilitarization of UNITA and the resumption of the Lusaka peace 
process. Under the ceasefire agreement, the Joint Commission, composed 
of the Government and UNITA, with oversight provided by the U.N. and 
Troika nations (United States, Russia, and Portugal), was to resolve 
the remaining tasks outlined in the Lusaka Protocol, including a final 
determination to cancel the runoff presidential election. Between 
September and November the Joint Commission met several times and 
agreed on the completion of the Lusaka and Luena provisions.
    Opposition parties complained of harassment and intimidation by the 
Government. There were reports of localized harassment of individuals 
who were not members of the ruling party, particularly after increased 
UNITA military activity; these reports ceased after April. Unlike in 
previous years, there were no reports that members of the MPLA beat or 
detained UNITA-Renovada members. In the transition of official 
recognition from UNITA-Renovada to UNITA after the April ceasefire, 
there were reports that UNITA-Renovada offices were vandalized by UNITA 
supporters as part of intra-UNITA factional strife.
    There were no legal barriers to the participation of women in the 
political process; however, women were underrepresented in government 
and politics (see Section 5). There were 35 women in the 220-seat 
National Assembly, and there were 10 women in the 83-member Cabinet, 
including 3 ministers.

Section 4. Governmental Attitudes Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    The Government does not prohibit independent investigations of its 
human rights abuses; however, it failed to cooperate and often used 
security conditions as an excuse to deny access to affected areas.
    There were more than 100 international and approximately 34 
domestic NGOs operating in the country. Local NGOs actively promoted 
human rights during the year by documenting and exposing prison 
conditions and providing free legal counsel. In December a new 
organization called the Ad-Hoc Commission on Human Rights in Cabinda, 
which emerged from the civil society umbrella organization Coalition 
for Reconciliation, Transparency and Citizenship (RTC), released its 
first report detailing human rights violations in Cabinda (see Section 
1.g.). While some expanded political freedom enabled some local NGOs to 
investigate previously sensitive issues, the Government continued to be 
suspicious of local NGOs receiving international support. During the 
year, the Ministry of Justice blocked the registration of the AJPD by 
continuing not to respond to its application (see Section 2.b.). The 
AJPD continued to await responses from the Supreme Court and the 
Ministry of Interior's Director of Prison Services on longstanding 
requests for the list of active judges and the number of prisoners in 
the justice system, respectively.
    Several international organizations have a permanent presence in 
the country, including the International Committee of the Red Cross 
(ICRC) and the U.N. Human Rights Division. Human Rights Watch (HRW) 
visited the country during the year and joined with AJPD to release a 
report on the protection of human rights of the country's IDPs. The 
Government consistently criticized HRW's statements about the country.
    Unlike in the previous year, there were no reports that FAA, 
police, or UNITA forces harassed NGO workers during the year.
    Human rights organizations had increased access to the country 
following the April ceasefire. During the year, U.N. humanitarian 
activities increased operations significantly in response to an acute 
food security and IDP crisis (see Sections 1.g. and 2.d.). Also, a new 
UNMA was established to oversee the peace process and the final 
implementation of the Lusaka Protocol as set forth in the April 4 Luena 
Accord (see Section 3).

Section 5. Discrimination Based on Race, Sex, Disability, Language, or 
        Social Status
    Under the Constitution, all citizens are equal before the law and 
enjoy the same rights and responsibilities regardless of color, race, 
ethnicity, sex, place of birth, ideology, degree of education, or 
economic or social condition. The Government did not have the ability 
to enforce these provisions effectively.

    Women.--Violence against women was widespread. Credible evidence 
indicated that a significant proportion of homicides were perpetrated 
against women, usually by spouses. The Ministry of Women and Family 
dealt, in part, with violence against women. The Government continued 
its project to reduce violence against women and improve the status of 
women. Domestic violence was prosecuted under rape and assault and 
battery laws. Rape is defined as a forced sexual encounter and is 
punishable by up to 8 years in prison; the law treats sex with a minor 
under the age of 12 as nonconsensual. However, an inadequate judicial 
system obstructed investigation and prosecution of such cases.
    In July HRW and AJPD accused government forces of raping women and 
practicing sexual slavery in areas of counterinsurgency operations. The 
December report by the Ad-Hoc Commission on Human Rights in Cabinda 
alleged that government forces raped several women and girls. UNITA 
also was accused of rape and abducting women as porters and sexual 
slaves; however, there were no such reports after the April ceasefire 
(see Sections 1.g. and 6.c.).
    Sexual harassment was a problem, which was publicized in the 
official media. There is no specific legal provision regarding sexual 
harassment; however, such cases could be prosecuted under assault and 
battery and defamation statutes.
    The Constitution and Family Code provide for equal rights without 
regard to gender; however, societal discrimination against women 
remained a problem, particularly in rural areas. In addition, a portion 
of the Civil Code dated to colonial times and included discriminatory 
provisions against women in the areas of inheritance, property sales, 
and participation in commercial activities. There were no effective 
mechanisms to enforce child support laws, and women carried the 
majority of responsibilities for raising children. Due to poor economic 
conditions, an increasing number of women engaged in prostitution. The 
law provides for equal pay for equal work; however, in practice women 
rarely were compensated equally with men. Some women held senior 
positions in the armed forces (primarily in the medical field) and 
civil service, but women mostly were relegated to low-level positions 
in state-run industries and in the small private sector. In much of the 
country, women constituted a growing percentage of persons with 
disabilities, as they were most likely to become victims of landmines 
while foraging for food and firewood in agricultural areas. Under the 
law, adult women may open bank accounts, accept employment, and own 
property without interference from their spouses. Upon the death of a 
male head of household, the widow automatically was entitled to 50 
percent of the estate with the remainder divided equally among 
legitimate children.
    A series of national conferences on women's rights continued during 
the year, partially funded by foreign donors, and produced calls for 
the Government to amend the Civil Code to end women's legal inequality, 
create a social welfare program, and strengthen enforcement mechanisms 
for existing legislation.

    Children.--Approximately 50 percent of the population was believed 
to be under the age of 15; however, the Government continued to give 
little attention to children's rights and welfare. The Ministry of 
Education barely functioned due to a lack of resources and corrupt 
administration. Private religious, community, or corporate groups have 
been unable to fill this vacuum.
    Although primary and secondary education was free and compulsory 
until the sixth grade, students often had to pay significant additional 
expenses. Although primary education was compulsory, there were not 
enough schools, and many children had to work to support their 
families. Teachers were chronically unpaid and often demanded 
unofficial payment or bribes from students. During the year, teachers 
engaged in strikes in Benguela, Huila, and Namibe provinces. The 
enrollment rate of school-age children was 40 percent; however, while 
55 percent of children 5 to 14 years of age were in school, only 30 
percent of children remained in school after grade 5. There was a 
significant gender gap in the enrollment rate, favoring boys over 
girls. More than 1 million children were estimated to be out of school, 
with no prospect of integrating them into the education system. Most of 
the educational infrastructure was damaged and lacked basic equipment 
and teaching materials. Only 42 percent of the population was literate, 
and the illiteracy rate for women was almost twice that of men.
    The Government has not brought any significant numbers of children 
into the armed forces since the 1996-97 demobilization campaign; 
however, some children reportedly continued to be recruited as a result 
of the absence of civil registration and the inability to prove dates 
of birth. There continued to be reports of forced recruitment of 
children in the provinces until the April ceasefire. There were 
credible reports that UNITA often forcibly recruited children as young 
as 10 years of age into its armed forces.
    Children often were victims in the civil war. Local NGOs estimate 
that 100,000 children were abandoned or orphaned as a result of the 
war, and malnutrition was a problem. During the year, MINARS trained 
1,070 child protection monitors who assisted 43,000 children that were 
separated from their families. Government and UNITA forces killed, 
kidnaped, and injured children during attacks until the end of the war 
(see Sections 1.a., 1.b., and 1.c.). Landmine explosions killed and 
injured children at an increasing rate. According to INAROEE, out of a 
total of 660 landmine accidents in 2001, 105 involved children under 
the age of 18.
    There were approximately 5,000 street children in Luanda; some were 
orphans or abandoned, while others ran away from their families or from 
government facilities that were unable to support them. Living 
conditions in government youth hostels were so poor that the majority 
of homeless children preferred to sleep on city streets. Street 
children shined shoes, washed cars, and carried water, but many 
resorted to petty crime, begging, and prostitution in order to survive. 
The Government-sponsored National Institute for Children was 
established to enforce child protection, but it lacked the capacity to 
work effectively with international NGOs. The Institute reported that 
in a sample from Catchiungo, the number of street children assisted by 
the Institute doubled from 7,890 in 2000 to 14,000 in 2001 and that 
more than 90 percent of these children suffered from malnutrition. The 
Government publicized the problems of street and homeless children 
during the year.
    There were reports of trafficking in children and child 
prostitution (see Section 6.f.).
    There were no active domestic private children's rights advocacy 
groups; however, several international organizations promoted 
children's rights in the country.

    Persons with Disabilities.--The number of persons with physical 
disabilities included more than 80,000 disabled landmine survivors. 
While there was no institutional discrimination against persons with 
disabilities, the Government did little to improve their physical, 
financial, or social conditions. There is no legislation mandating 
accessibility for persons with disabilities in public or private 
facilities, and, in view of the degradation of the country's 
infrastructure and high unemployment rate, it was difficult for persons 
with disabilities to find employment or participate in the education 
system.

    Indigenous People.--The population included 1 to 2 percent of 
Khoisan and other linguistically distinct hunter-gatherer tribes 
scattered through the provinces of Namibe, Cunene, and Cuando Cubango. 
There was no evidence that they suffer from official discrimination or 
harassment, but they did not participate actively in the political or 
economic life of the country, and they had no ability to influence 
government decisions concerning their interests.
    There continued to be lack of adequate protections of the property 
rights of traditional pastoral indigenous communities. In July the 
Government published a draft land tenure law for public comment that it 
claimed would increase protection of indigenous community land 
ownership. In response to requests from civil society groups for more 
time to review the legislation, the Government extended the public 
comment period until November. The legislation was pending at year's 
end. During the year, as part of a government project, with assistance 
from the U.N. Food and Agriculture Organization, 10 leases of 45-year 
duration were given to pastoral communities in Bengo and Huila 
provinces.

    National/Racial/Ethnic Minorities.--Years of war and internal 
dislocation have produced substantial integration of ethnic and 
linguistic groups, particularly in the coastal areas, where as much as 
half of the population resided. The largest ethno-linguistic group, 
approximately 40 percent of the country's population, is Ovimbundu, 
whose traditional region includes much of the south-central part of the 
country. Although the Ovimbundu formed the base for UNITA, there was 
little evidence of systematic discrimination against them by the 
Government or other groups. Other important ethno-linguistic groups 
include the Bakongo in the north; Kimbundu in the north-central area; 
and Chokwe in the extreme eastern part of the country. The coastal 
population centered in Luanda and, to a lesser extent, Benguela-Lobito, 
predominantly speaks Portuguese as a first language. The Portuguese-
speaking group included a large minority of ``Mesticos'' of mixed 
European and African ancestry and a small, white, predominantly 
Portuguese-descended population. In addition, approximately 30,000 
Portuguese citizens lived in the country, forming the bulk of the 
nonrefugee expatriate community.

Section 6. Worker Rights

    a. The Right of Association.--The Constitution provides for the 
right to form and join trade unions, engage in union activities, and 
strike; however, the Government did not respect these rights 
consistently in practice. The Government dominated the National Union 
of Angolan Workers (UNTA), which was the labor movement affiliated with 
the ruling MPLA party; however, there were two independent unions, the 
General Center of Independent and Free Labor Unions of Angola (CGSILA) 
and the small Independent Union of Maritime and Related Workers (SIMA). 
There continued to be division and legal suits between member unions of 
CGSILA over accusations of administrative malfeasance. There was no 
further information regarding members of CGSILA being fired for 
recruiting members of UNTA to join the union. CGSILA had a membership 
of approximately 50,000 members, and UNTA claimed to have more than 
400,000 members. The law requires that the Government recognize labor 
unions. Nevertheless, SIMA encountered difficulty with provincial 
government authorities in registering branch associations and 
organizing dock and rig workers (see Section 2.b.). Restrictions on 
civil liberties potentially prevent any labor activities not approved 
by the Government; however, the major impediment to labor's ability to 
advocate on behalf of workers was the 60 percent formal sector 
unemployment rate.
    Legislation prohibits discrimination against union members and 
calls for worker complaints to be adjudicated in regular civil courts. 
Under the law, employers found guilty of antiunion discrimination were 
required to reinstate workers who have been fired for union activities. 
In practice the judicial system was not capable of defending or 
prepared to enforce these rights.
    Unions have the right to affiliate internationally. CGSILA 
cooperated with the American Federation of Labor-Congress of Industrial 
Organizations (AFL-CIO) and participated in the International Labor 
Organization (ILO). Individual trade unions maintained relations with 
counterpart unions in other countries.

    b. The Right to Organize and Bargain Collectively.--The 
Constitution provides for the right to organize and for collective 
bargaining; however, the Government did not respect those rights in 
practice. The Government did not facilitate a positive environment for 
constructive labor management negotiations. The Government dominated 
the economy through state-run enterprises. The Ministry of Public 
Administration, Employment, and Social Security set wages and benefits 
on a semi-annual basis (see Section 6.e.).
    The Constitution provides for the right to strike. Legislation 
passed in 1991 provides the legal framework for strikes, and strictly 
regulates them. The law prohibits lockouts and worker occupation of 
places of employment and provides protection for nonstriking workers. 
It prohibits strikes by armed forces personnel, police, prison workers, 
and fire fighters. The law does not prohibit effectively employer 
retribution against strikers. The law permits the Government to force 
workers back to work for breaches of worker discipline and 
participation in strikes. Small strikes over wages took place, mainly 
in the construction sector, during the year. Teachers also engaged in 
strikes during the year (see Section 5).
    In July 2001, 190 employees of the oil services company WAPO-Angola 
went on strike demanding better wages. Management refused to negotiate 
and fired the workers. In September 2001, the workers sued the company, 
and in July a judgement in favor of the workers was announced. The 
court instructed WAPO to reinstate the workers and pay all salaries in 
arrears for the period of time the case was in court. WAPO claimed that 
it would face financial ruin and refused to pay or reinstate the 
workers. After 30 days, the workers asked the court to liquidate the 
company if they were not reinstated. In September WAPO agreed to pay 
and reinstate the striking workers, and the workers were paid and 
reinstated in October.
    SIMA continued an organized protest that began in October 2000. The 
employing company, Angonave, subsequently was declared bankrupt and put 
in receivership under court supervision. SIMA members continued to 
maintain a vigil at the facility to demand severance compensation. No 
such compensation was provided by year's end. Participants in the vigil 
reportedly were subject to government harassment.
    In October the university professors' union, a member union of 
CGSILA, staged a strike at Agostino Neto University over salaries. The 
Ministry of Education and university administration reached agreement 
with the professors' union after 2 weeks (see Section 2.b.).
    There were no export processing zones.

    c. Prohibition of Forced or Bonded Labor.--The law prohibits forced 
or bonded labor, including by children; however, the Government was 
unable to enforce these provisions effectively. In addition, the law 
permits the Government to force workers back to work for breaches of 
worker discipline and participation in strikes, and it has been cited 
by the ILO as an example of forced labor in violation of ILO 
conventions. There were reports that the FAA forcibly conscripted 
persons until the end of the civil war with UNITA in April. There also 
were independent media reports of a prison director in Huambo using 
prisoners as laborers in his house.
    UNITA forces regularly abducted children for military service and 
other forms of forced labor (see Sections 1.b., 1.f., and 5). UNITA 
depended on forced labor for much of its logistical support. Refugees 
and IDPs reported that rural women frequently were forced to work as 
porters for UNITA military units and kept in life-threatening 
conditions of servitude. There were reports that UNITA troops sexually 
assaulted these women; however, there were no such reports after the 
April ceasefire.

    d. Status of Child Labor Practices and Minimum Age for 
Employment.--The legal minimum age for employment is 14 years. Children 
between the ages of 14 and 18 may not work at night, in dangerous 
conditions, or in occupations requiring great physical effort, and 
children under 16 years of age are prohibited from factory work; 
however, these provisions generally were not enforced. The Inspector 
General of the Ministry of Public Administration, Employment, and 
Social Security was responsible for enforcing labor laws. Although 
child labor law enforcement was under the jurisdiction of the courts, 
in practice, the court system did not provide adequate protection for 
children. Child labor violations were punishable with fines and 
restitution. There was no formal procedure for inspections and 
investigations into child labor abuses outside of the family law 
system, although private persons could file claims for violations of 
child labor laws. The Ministry maintained employment centers where 
prospective employees registered, and the center screened out 
applicants under the age of 14; however, many younger children worked 
on family farms, as domestic servants, and in the informal sector as 
street vendors. Family-based child labor in subsistence agriculture was 
common. Children under 12 years of age worked for no reimbursement for 
their families and in apprenticeships. Poverty and social upheavals 
brought large numbers of orphaned and abandoned children, as well as 
runaways, into unregulated urban employment in the informal sector.
    Children were abducted by UNITA forces for forced labor during the 
war (see Section 6.c.).

    e. Acceptable Conditions of Work.--In December the minimum wage was 
set by the Ministry of Public Administration, Employment, and Social 
Security at the equivalent of $50 (3,000 Kwanza) per month to be 
adjusted for inflation every 6 months. This standard existed 
previously; however, the Government did not enforce it. Many urban 
workers earned less than $20 (1,200 Kwanza) per month. Neither the 
minimum wage nor the average monthly salary, which was estimated at $40 
to $150 (2400 to 9000 Kwanza) per month, were sufficient to provide a 
decent standard of living for a worker and family. As a result, most 
wage earners held second jobs or depended on the informal sector, 
subsistence agriculture, corruption, or support from abroad to augment 
their incomes. The Government reformed the national system of setting 
the minimum wage by pegging it to inflation and adjusted the rate 
quarterly during the year. Employees receiving less then the legal 
minimum wage have the right to seek legal recourse; however, it was 
uncommon for workers to do so.
    A 1994 government decree established a 37-hour workweek; however, 
the Ministry of Public Administration was unable to enforce this 
standard, just as it was unable to enforce existing occupational safety 
and health standards. Workers cannot remove themselves from dangerous 
work situations without jeopardizing their continued employment.
    Foreign workers (legal or illegal) were not protected under the 
labor law. They received legal protection if they worked under 
contract, otherwise they received protection only against criminal 
acts.

    f. Trafficking in Persons.--The Constitution prohibits human 
bondage; however, no laws exist to combat trafficking in persons, and 
there were reports of trafficking.
    An international NGO that worked with street children estimated in 
2001 that there were 500 to 1,000 underage prostitutes in Luanda. There 
are no laws that specifically prohibit child prostitution; however, 
child prostitution is prohibited by a general criminal statute. The age 
of sexual consent is 12 years, and sexual relations with a child under 
12 years of age is considered rape. Sexual relations with a child 
between the ages of 12 and 17 can be considered sexual abuse. All 
pornography is prohibited statutorily. The Ministry of Family and 
Women's Affairs enforced and oversaw special family courts, and the 
National Institute for Assistance to Children had daily responsibility 
for children's affairs. The Ministry of Justice continued its campaign 
to register children and provide them with identity papers and protect 
them against potential trafficking. In November the Ministry of Justice 
announced that more than 1.5 million children had been registered since 
August 2001-one half of the initial goal. In December there were 
international reports that Angolan children residing in Portugal were 
trafficked to the United Kingdom for exploitation. There were 
unconfirmed local reports that some of the children involved actually 
were trafficked from Angola.
    Until the end of hostilities in April, there continued to be 
allegations that UNITA abducted persons, including children, for forced 
labor, and abducted women for use as sex slaves. There were reports 
that the Government forcibly recruited persons for military service 
(see Section 1.f.). There also were credible reports that UNITA 
forcibly recruited children into its military (see Section 5).

                               __________

                                 BENIN

    The Republic of Benin is a constitutional democracy headed by 
President Mathieu Kerekou, who was inaugurated in April 2001, after 
elections that observers generally viewed as free but not entirely 
fair. There were 19 political parties represented in the unicameral, 
83-member National Assembly. The March 1999 parliamentary elections, 
which were free, fair, and transparent, resulted in significant gains 
by the opposition, notably the party of former President Nicephore 
Soglo, which gained 27 seats in Parliament. Although a loose alliance 
of progovernment deputies holds a 42 to 41 seat majority, some 
progovernment deputies side with the opposition, depending on the 
issue. The Government generally respected the constitutional provision 
for an independent judiciary; however, the executive has important 
powers in regard to the judiciary, and the judiciary was inefficient 
and susceptible to corruption at all levels.
    The civilian-controlled security forces consisted of the armed 
forces, headed by the State Minister in charge of Defense Matters, and 
the police force under the Ministry of Interior, Security, and 
Decentralization. The Ministry of Defense supervised the Gendarmerie, 
which exercised police functions in rural areas, while the Ministry of 
Interior supervised other police forces. The armed forces continued to 
play an apolitical role in government affairs despite concerns about 
lack of morale within its ranks and an ethnic imbalance within the 
forces. Members of the police committed some human rights abuses.
    The country was extremely poor with average yearly per capita 
income below $400; its population was approximately 6.5 million. The 
economy was based largely on subsistence agriculture, cotton 
production, regional trade (including transshipment of goods to 
neighboring countries), and small-scale offshore oil production. The 
Government has maintained the austerity program; continued to privatize 
state-owned enterprises; reduced fiscal expenditures; and deregulated 
trade. The Government estimated the growth rate at 5 percent for the 
year; however, approximately 2 percent of this growth can be credited 
to major infrastructure projects, such as road construction, that were 
funded by foreign aid.
    The Government generally respected the human rights of its 
citizens; however, there were problems in several areas. There were 
credible reports that police sometimes tortured and beat suspects, and 
at times the authorities arbitrarily arrested and detained persons. 
During the year, some local authorities at time restricted freedom of 
assembly and police forcibly dispersed demonstrations. The most serious 
human rights problems continued to be the failure of police forces to 
curtail acts of vigilantism and mob justice; harsh and unhealthy prison 
conditions; serious administrative delays in processing ordinary 
criminal cases with attendant denial of timely, fair trials; judicial 
corruption; violence and societal discrimination against women; and 
trafficking and abuse of children. The practice of female genital 
mutilation (FGM) and, to a lesser extent, infanticide also remained 
problems. Child labor, including forced and bonded child labor, 
continued to be a problem. Trafficking in persons was a problem. Benin 
was invited by the Community of Democracies' (CD) Convening Group to 
attend the November 2002 second CD Ministerial Meeting in Seoul, 
Republic of Korea, as a participant.

                        RESPECT FOR HUMAN RIGHTS

Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:

    a. Arbitrary or Unlawful Deprivation of Life.--There were no 
reports of the arbitrary or unlawful deprivation of life committed by 
the Government or its agents.
    There was no action taken against the persons responsible for the 
deaths of three prisoners during the May 2000 riot at the Lokossa 
prison (Mono department).
    In March and June, there were reports that unidentified persons 
attacked and killed Fulani in the Zou (west) and Alibori (north) 
regions.
    During the year, incidents of mob justice continued to occur 
nationwide. Most often these were cases of mobs killing or severely 
injuring suspected criminals, particularly thieves caught in the act. 
For example, in October a mob set fire to a man who allegedly attacked 
a motorbike taxi driver in Calavi. In the same month in a Cotonou 
suburb, a mob beat to death two men who allegedly stole a woman's purse 
(firefighters prevented the mob from burning the two bodies). Although 
a number of these incidents occurred in urban areas and were publicized 
in the press, the Government apparently made no concerted attempt to 
investigate or prosecute anyone involved, and police most often ignored 
vigilante attacks. However, in January vigilante leader ``Colonel 
Devi'' was arrested in the southwest (Couffo) region following the 
November 2001 killing of two persons at his home. He was taken to a 
prison in the northeastern region, where he remained confined awaiting 
trial at year's end.
    There was no known action taken against the persons responsible for 
the following 2001 mob killings: The April burning to death in Bante 
sub-prefecture of a suspected sorcerer and an accused thug, and the 10 
reported incidents in November in which mobs in several sections of 
Cotonou attacked persons, killing at least 5, who allegedly had 
committed ritualistic ``thefts'' of children and of body parts.

    b. Disappearance.--There were no reports of politically motivated 
disappearances.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution prohibits such practices; however, there 
were credible reports that police sometimes beat and tortured criminal 
suspects. In February the nongovernmental organization (NGO), Human 
Rights League (HRL), claimed that police or military agents had beaten 
and tortured taxi driver Togbe Kuassi Mensah and businessman Patrice 
Doko for their expressions of political opinion. HRL insisted that a 
National Hospital physician had signed a medical certificate attesting 
to Mensah's injuries. After an investigation, the Ministry of Justice 
concluded the allegations were baseless, and no further action was 
taken by year's end.
    There were no further developments in the case of the March 2001 
police attack on National Assembly Deputy Valentin Somasse.
    Although the Government continued to make payments to victims of 
torture under the military regime that ruled from 1972 to 1989, not all 
victims were paid by year's end. In 2001 a commission within the 
Justice Ministry was assigned to look into nonpayment; however, no 
further action was taken by year's end.
    Mob justice resulted in serious injuries to a number of persons 
(see Section 1.a.).
    Prison conditions continued to be extremely harsh. Extensive 
overcrowding and lack of proper sanitation and medical facilities posed 
a risk to prisoners' health. The prison diet was seriously inadequate; 
malnutrition and disease were common. Family members were expected to 
provide food for inmates to supplement prison rations.
    Women were housed separately from men; however, juveniles at times 
were housed with adults. Pretrial detainees were held with convicted 
prisoners; however, they were not held with the most violent convicts 
or those subject to the death penalty. Prisoners were allowed to meet 
with visitors such as family members, lawyers, and others.
    According to the Justice Ministry, the country's 8 civil prisons 
have a collective capacity of approximately 5,000 persons; however, the 
prisons at times were filled to more than 3 times their capacity. The 
prison in Natitingou (in Atacora province) was the only one of eight 
prisons nationwide below full capacity. While delayed due to funding 
problems, a new 1,000-person prison still was under construction in 
Akpro-Misserete (Oueme department) at year's end. On the eve of the 
August 1 Independence Day holiday, the Government granted partial 
amnesty or modified the sentences of some prisoners convicted of minor 
crimes, such as petty theft.
    The Government permitted prison visits by human rights monitors, 
and NGOs continued their prison visits. In December the Benin 
Commission for Human Rights (CBDH) made unannounced visits to several 
prisons.

    d. Arbitrary Arrest, Detention, or Exile.--The Constitution 
prohibits arbitrary arrest and detention; however, at times the 
authorities arbitrarily arrested and detained persons. The Constitution 
prohibits detention for more than 48 hours without a hearing by a 
magistrate whose order is required for continued detention. However, 
there were credible reports that authorities exceeded this 48-hour 
limit in many cases, sometimes by as much as a week, using the common 
practice of holding a person indefinitely ``at the disposition of'' the 
public prosecutor's office before presenting their case to a 
magistrate. Approximately 75 percent of persons in prison were pretrial 
detainees.
    The Constitution prohibits forced exile of citizens, and it was not 
practiced.

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary, and the Government generally respected this 
provision in practice; however, the executive branch has important 
powers in regard to the judiciary, and the judiciary remained 
inefficient in some respects and was susceptible to corruption at all 
levels.
    The President appoints career magistrates as judges in civil 
courts, and the Constitution gives the Ministry of Justice 
administrative authority over judges, including the power to transfer 
them. Inadequate facilities, poorly trained staff, and overcrowded 
dockets resulted in a slow administration of justice. The low salaries 
of magistrates and clerks had a demoralizing effect on their commitment 
to efficient and timely justice and made them susceptible to 
corruption.
    A civilian court system operated on the national and provincial 
levels. There was only one court of appeals. The Supreme Court was the 
court of last resort in all administrative and judicial matters. The 
Constitutional Court was charged with deciding on the constitutionality 
of laws, disputes between the President and the National Assembly, and 
disputes regarding presidential and legislative elections. Its rulings 
in past years against both the executive and legislative branches, 
which were respected by both branches, demonstrated its independence 
from both these branches of government; however, it was accused of bias 
in favor of the President during the 2001 presidential elections (see 
Section 3).
    The Constitution also provides for a High Court of Justice to 
convene in the event of crimes committed by the President or government 
ministers against the state. Under the Constitution, the High Court is 
to consist of members of the Constitutional Court (except for its 
president), six deputies elected by the National Assembly and the 
Supreme Court, and the Chairman of the Supreme Court. The first members 
of the High Court of Justice were sworn in and began serving their 
terms in 2001. Inefficiency and corruption particularly affected the 
judiciary at the trial court and investigating magistrate levels. 
Military disciplinary councils deal with minor offenses by members of 
the military services, but they have no jurisdiction over civilians.
    The legal system is based on French civil law and local customary 
law. The Constitution provides for the right to a fair public trial. A 
defendant enjoys the presumption of innocence and has the right to be 
present at trial and to representation by an attorney, at public 
expense if necessary. In practice the court provided indigent 
defendants with court-appointed counsel upon request. A defendant also 
has the right to confront witnesses and to have access to government-
held evidence. Trials were open to the public, but in exceptional 
circumstances the president of the court may decide to restrict access 
to preserve public order or to protect the parties. Defendants who were 
awaiting a verdict may request release on bail; however, the courts 
granted such requests only on the advice of the Attorney General's 
office.
    There were no reports of political prisoners.

    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The Constitution prohibits such actions, and the 
Government generally respected these prohibitions in practice. Police 
were required to obtain a judicial warrant before entering a private 
home, and they usually observed this requirement in practice. In 2000 
the Government, namely the former Managing Director of the Office of 
Post and Telecommunication, denied charges of wiretapping involving 
former President Soglo. The National Assembly began an investigation in 
2001; however, no results were released publicly by year's end.

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 generally 
respected these rights in practice. The Government entity with 
oversight responsibility for media operations was the High Authority 
for Audio-Visual Media and Communications (HAAC), which required 
broadcasters to submit weekly lists of planned programs and required 
publishers to deposit copies of all publications with it; however, the 
media did not comply with these requirements in practice.
    The law provides for sentences of imprisonment involving compulsory 
labor for certain acts or activities related to the exercise of the 
right of free expression; however, there were no reports that 
journalists or others have been imprisoned.
    There was a large and active privately owned press composed of more 
than a dozen daily newspapers. These publications criticized the 
Government freely and frequently, but the effect on public opinion was 
limited because of their urban concentration. A nongovernmental media 
ethics commission (ODEM) continued to censure some journalists for 
unethical conduct during the year, as well as commending some 
journalists for adherence to the standards of their profession.
    Privately owned radio and television stations have become 
increasingly popular sources of information. Programs critical of the 
Government were broadcast without interference during the year, and 
``call-in'' and other talk shows often were used for public discussion 
of topics related to the December municipal election campaign. On 
November 19, the HAAC published the media regulations for the municipal 
election campaigns. It designated which radio and television outlets 
were allowed to cover the elections and indicated the geographical 
locations in which they will be permitted to operate. The HAAC also set 
the official radio advertising fees for the campaign.
    The Government continued to own and operate the media that were 
most influential in reaching the public because of broadcast range and 
infrastructure. The majority of citizens were illiterate and live in 
rural areas; they largely received their news via radio. The Benin 
Office of Radio and Television (ORTB) transmitted on the FM and AM 
frequencies and by short wave in French and local languages. Radio 
France International also transmitted on a local FM frequency under an 
agreement with the Government. The British Broadcasting Corporation 
broadcast in Cotonou in French and English. Fifteen rural radio 
stations governed by local committees broadcast several hours a day 
exclusively in local languages. These stations received support from 
the ORTB.
    A similar arrangement existed for television transmissions; the 
ORTB broadcast more than 12 hours per day on a signal that was easily 
received in urban areas. Approximately 80 percent of the ORTB's 
television programming was in French.
    TV5, a commercial venture with investments by television 
broadcasting organizations in France, Canada, Belgium, and Switzerland, 
broadcasts locally 24 hours per day entirely in French under an 
agreement with the Government. A privately owned television station, 
LC-2, broadcast in Cotonou. LC-2 was owned by several private 
businesspersons and featured light entertainment and news; however, 
news coverage generally required payment. Although neither television 
station broadcast partisan programs in support of, or unduly critical 
of, the Government, the vast majority of news programming centered on 
government officials' activities, government-sponsored conferences, and 
international stories provided by French television or other foreign 
sources.
    HAAC regulations govern satellite reception equipment and movie and 
video clubs. Regulations govern private video clubs, which typically 
met at members' homes and required a payment of $.07 (50 CFA francs) 
per viewer per film. These regulations, issued by the Ministries of 
Culture and Interior, imposed an initial registration fee of 
approximately $137 (100,000 CFA francs) per club and annual fees of 
approximately $14 (10,000 CFA francs) thereafter. Given the 
Government's limited law enforcement resources, enforcement of the 
regulations was problematic.
    Internet service was available in cities; there were no 
governmental restrictions on its use.
    The Government did not restrict academic freedom. University 
professors were permitted to lecture freely, conduct research, and 
publish their work.

    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of assembly, and the Government generally 
respected this right in practice; however, during the year, local 
government officials at times restricted this right. The Government 
requires permits for use of public places for demonstrations and 
generally granted such permits; however, during the year, the new mayor 
of Cotonou, Jerome Dandjinou, refused to allow demonstrations and 
marches by students, the opposition political party Renaissance du 
Benin (RB), and labor unions. In April and May, the RB party attempted 
protest marches; however, the police forcibly dispersed them with tear 
gas. The Mayor claimed he only was trying to ``discourage civil 
unrest.'' In August he refused to permit a demonstration by HRL members 
protesting a new tax on motorbike taxis. Nevertheless, the HRL 
attempted to march, and the police forcibly dispersed them.
    The Constitution provides for freedom of association, and the 
Government generally respected this right in practice. The Government 
requires associations to register and routinely granted registrations.

    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government generally respected this right in 
practice.
    Persons who wish to form a religious group must register with the 
Ministry of the Interior. Registration requirements were identical for 
all religious groups. There were no reports that any group was refused 
permission to register or was subjected to unusual delays or obstacles 
in the registration process. Religious groups were free from taxation.
    For a more detailed discussion see the 2002 International Religious 
Freedom Report.

    d. Freedom of Movement Within the Country, Foreign Travel, 
Emigration, and Repatriation.--The Constitution provides for these 
rights, and the Government generally respected them in practice; 
however, the presence of police, gendarmes, and illegal roadblocks 
impeded domestic movement. Although ostensibly meant to enforce 
automotive safety and customs regulations, many of these checkpoints 
served as a means for officials to exact bribes from travelers. The 
Government maintained previously implemented measures to combat such 
corruption at roadblocks; however, they were not always effective and 
extortion occurred.
    The Government did not restrict international travel for political 
reasons, and those who travel abroad may return without hindrance. 
However, during the year, the Government imposed documentary 
requirements for minors travelling abroad as part of its continuing 
campaign against trafficking in persons (see Section 6.f.).
    The Government's policy toward the seasonal movement of livestock 
allowed migratory Fulani herdsmen from other countries to enter freely; 
the Government did not enforce designated entry points. Disputes arose 
between the herdsmen and local landowners over grazing rights.
    The law provides for the granting of asylum and refugee status in 
accordance with the 1951 U.N. Convention Relating to the Status of 
Refugees and its 1967 Protocol. The Government cooperated closely with 
the U.N. High Commissioner for Refugees (UNHCR) and other humanitarian 
organizations in assisting refugees, including those in need of first 
asylum. During the year, a number of citizens of Togo continued to 
enter the country and were granted refugee status or given first 
asylum; however, many returned to Togo. As of December 2001, there were 
1,182 Togolese refugees in the country and a total of 1,921 Togolese 
living in the country under UNHCR auspices. Despite severe economic 
pressures that limited its ability to provide education for children, 
the Government allowed these Togolese to enroll their children in local 
schools and permitted their participation in some economic activities. 
As of December 2001, the Government had accepted 1,186 refugees and 
asylees from the Democratic Republic of the Congo (DRC) and 486 others 
were destined for eventual resettlement in another country.
    In contrast the UNHCR estimated that 250 Ogoni refugees from 
Nigeria were at a disadvantage because they did not speak French and 
could not work nor could their children attend schools. UNHCR officials 
directed them to remain within the confines of the Kpomasse refugee 
camp to avoid potential confrontations with local inhabitants and 
maintained administrative control over their activities.
    In addition, there were fewer refugees from Algeria, Burundi, 
Cameroon, the Central African Republic, Chad, the Republic of Congo, 
the DRC, Ethiopia, Liberia, Niger, Nigeria, Rwanda, Sudan, and Sierra 
Leone. The UNHCR estimated that, as of December 2001, there were 5,021 
refugees of various nationalities in the country and that approximately 
2,300 persons residing in the country were requesting asylum.
    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, and citizens exercise this right in practice 
through periodic, free, and generally fair elections held on the basis 
of universal suffrage. Citizens exercised this right in the 2001 
presidential elections; however, observers generally viewed the 
presidential elections as free but not entirely fair. The Constitution 
provides for a 5-year term of office for the President (who is limited 
to two terms) and 4-year terms for National Assembly members (who may 
serve an unlimited number of terms).
    President Kerekou was inaugurated in April 2001. Observers viewed 
the reelection of Kerekou as free but not entirely fair because of the 
apparent judicial manipulation of the presidential electoral counts, 
the intimidation of opposition deputies, and the unprecedented scope of 
the campaign expenditures made by the President's coalition. When 
opposition candidates challenged the preliminary, first-round 
presidential vote tallies, the Court initially affirmed those results 
despite the electoral commission's concession that computer failures 
and other irregularities made those tallies unreliable. Following 
extensive public criticism, the Court reviewed the evidence in more 
detail, modified the tallies, and gave some of the numerous opposition 
candidates marginally higher total votes. President Kerekou, who ruled 
the country as a Socialist military dictator from 1972 to 1989, 
succeeded his democratically elected predecessor in 1996 and continued 
the civilian, democratic rule begun in the 1990-91 constitutional 
process that ended his previous reign. There were 19 political parties 
represented in the unicameral, 83-member National Assembly. The 1999 
parliamentary elections, which were free, fair, and transparent, 
resulted in significant gains by the opposition, notably the party of 
former President Soglo, which gained 27 seats in Parliament. Although a 
loose alliance of progovernment deputies holds a 42 to 41 seat 
majority, some progovernment deputies side with the opposition, 
depending on the issue. Consequently, legislative power shifts between 
opposition and progovernment forces. For example, the President of the 
National Assembly was from an opposition party. The campaign for the 
country's first ever municipal elections in December was marred by 
charges by the opposition parties that the pro-Kerekou coalition 
engaged in the same vote-buying and other improper election tactics, 
which it also was alleged to have done in the 2001 presidential 
elections. The opposition parties alleged fraud and forged voter cards 
during the December 15 municipal elections and criticized the National 
Election Commission's handling of the election; however, the opposition 
won the majority of seats on the municipal councils in the large 
cities.
    Women participated actively in political parties. Following a 
Cabinet reshuffle in 2001, there were 2 women in the 22-member Cabinet. 
There were 6 women in the 83-member, unicameral National Assembly, 
including the leader of the largest opposition party. The President of 
the Constitutional Court was a woman.

Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A number of domestic and international human rights groups 
generally operated without government restriction, investigating and 
publishing their findings on human rights cases. Government officials 
generally were cooperative and responsive to their views.

Section 5. Discrimination Based on Race, Sex, Disability, Language, or 
        Social Status
    The Constitution prohibits discrimination based on race, and sex, 
but societal discrimination against women continued. Persons with 
disabilities were disadvantaged.

    Women.--Domestic violence against women, including wife beating, 
was common. According to incomplete court statistics for Cotonou in 
1999, only 35 criminal proceedings based on reports of violence against 
women were ongoing at the end of 1999. The maximum penalty ranges from 
6 to 36 months' imprisonment. NGO observers believe that women remained 
reluctant to report cases. Judges and police also were reluctant to 
intervene in domestic disputes; society and law enforcement considered 
such cases to be an internal family matter.
    The Government generally was unsuccessful in preventing FGM, which 
was legal. FGM was practiced on females ranging from infancy through 30 
years of age and generally took the form of excision. Surveys, 
including one conducted by the World Health Organization in 1999, 
reliably estimated that the number of women who had undergone FGM at 
approximately 50 percent. A prominent NGO, the Benin chapter of the 
Inter-African Committee, made progress in raising awareness of the 
dangers of the practice, and the Government cooperated with its 
efforts. According to recent research, there was a strong profit motive 
in the continued practice of FGM by those who performed the procedure, 
usually older women. The efforts of NGOs and others to educate rural 
communities about the dangers of FGM and to retrain FGM practitioners 
in other activities continued during the year. The press reported that 
the number of girls and women undergoing FGM decreased significantly 
each year since 1996. The NGO APEM believed that if the trend 
continued, the practice could be eradicated by 2005.
    Although the Constitution provides for equality for women in the 
political, economic, and social spheres, women experienced extensive 
societal discrimination, especially in rural areas where they occupied 
a subordinate role and were responsible for much of the hard labor on 
subsistence farms. In urban areas, women dominated the trading sector 
in the open-air markets. By law women have equal inheritance and 
property rights, but local custom in some areas prevented them from 
inheriting real property.
    The long-debated Family Code finally was approved by the National 
Assembly in June. It was being reviewed by the Constitutional Court at 
year's end. Critics called it a women's code and charged that it would 
give women unfair advantages. The code strengthened the inheritance and 
property rights for women, among other things; however, both opponents 
and supporters considered that the legislation was only a first step 
and that the code likely will be amended.

    Children.--The Ministry of Labor and Social Affairs was responsible 
for the protection of children's rights, primarily in the areas of 
education and health. The National Commission for Children's Rights and 
the Ministry of Family, Social Protection, and Solidarity had oversight 
roles in the promotion of human rights issues with regard to children 
and their welfare.
    Education was free but not compulsory. In some parts of the 
country, girls received no formal education. The Government was trying 
to boost primary school enrollment, which was approximately 95 percent 
of boys and approximately 66 percent of girls nationwide; only 26 
percent of boys and only 12 percent of girls were enrolled in secondary 
school. Girls did not enjoy the same educational opportunities as boys, 
and female literacy was approximately 18 percent (compared with 50 
percent for men). However, elementary school pass rates in recent years 
highlighted significant progress by girls in literacy and scholastic 
achievement.
    There was a tradition in which a groom abducts and rapes his 
prospective child bride (under 14 years of age). Criminal courts meted 
out stiff sentences to criminals convicted of crimes against children, 
but many such crimes never reached the courts due to lack of education 
and access to the courts or fear of police involvement in the problem.
    The Government, in concert with NGOs, made serious efforts to 
combat child abuse and trafficking in children, including media 
campaigns, programs to assist street children, greater border 
surveillance, and a conference on trafficking (see Section 6.f.). 
Following the April 2001 arrival of the Etireno, a ship reportedly 
transporting trafficked children, the National Commission on Children's 
Rights prepared an action plan to counter child trafficking. The plan 
was presented to the Government and financing for it still was pending 
at year's end. Despite such efforts, the abuse of children remained a 
serious problem.
    Some traditional practices inflicted hardship and violence on 
children, including most prominently the custom of ``vidomegon,'' 
whereby poor, often rural, families place a child, primarily a 
daughter, in the home of a more wealthy family to avoid the burden the 
child represents to the parental family. The children work, but the 
arrangement was voluntary between the two families. There was a 
considerable amount of abuse in the practice, and there were instances 
of sexual exploitation. Approximately 90 to 95 percent of the children 
in vidomegon were young girls. Children were sent from poorer families 
to Cotonou and then some of the children were sent to Gabon, Cote 
d'Ivoire, and Central African Republic to help in markets and around 
the home. The child received living accommodation, while income 
generated from the child's activities was split between the child's 
parents in the rural area and the urban family that raised the child. 
Following the Etireno incident, the Government renewed its analysis of 
the impact of vidomegon (see Sections 6.c. and 6.f.). In March a 12-
year-old child living in vidomegon reportedly committed suicide because 
of ill treatment. In June a woman reportedly beat to death a 6-year-old 
child living in her household, then she returned the body to the 
child's parents for burial.
    FGM was performed commonly on young girls (see Section 5, Women).
    Trafficking in children for purposes of forced labor or 
prostitution in other countries, remained problems (see Section 6.f.).
    Other traditional practices include the killing of deformed babies, 
breech babies, and one of two newborn twins (all of whom were thought 
to be sorcerers in some rural areas). There were numerous press reports 
of infanticide during the year, and some NGOs were combining their 
anti-infanticide efforts with programs to counter FGM.

    Persons with Disabilities.--The Constitution provides that the 
State should care for persons with disabilities; however, the 
Government did not mandate accessibility for them. There were no legal 
requirements for the construction or alteration of buildings to permit 
handicapped access.
    The Government operated a number of social centers for persons with 
disabilities to assist their social integration. Nonetheless, many were 
unable to find employment and resorted to begging to support 
themselves.
    The Labor Code includes provisions to protect the rights of workers 
with disabilities, which was enforced with modest effectiveness during 
the year.

    National/Racial/Ethnic Minorities.--There was a long history of 
regional rivalries. Although southerners were preeminent in the 
Government's senior ranks, many prominent military officers came from 
the north. During the year, new appointments reduced the imbalance. The 
south has enjoyed more advanced economic development and traditionally 
has held politically favored status.
    During the 2001 presidential campaign, ethnic rivalries were 
evident. Candidate Sacca Lafia, first vice-president of the National 
Assembly, gave speeches urging his fellow northerners and members of 
his own Bariba group to prepare to seize power from other groups. 
President Kerekou, also a northerner, is a member of the Somba group 
(see Section 3).

Section 6. Worker Rights

    a. The Right of Association.--The Constitution provides workers 
with the freedom to organize, join unions, meet, and strike, and the 
Government usually respected these rights in practice. The labor force 
of approximately 2 million was engaged primarily in subsistence 
agriculture and other primary sector activities, with less than 2 
percent of the population engaged in the modern (wage) sector.
    Although approximately 75 percent of the wage earners belonged to 
labor unions, a much smaller percentage of workers in the private 
sector were union members. There were several union confederations, and 
unions generally were independent of government and political parties. 
The Economic and Social Council, a constitutionally mandated body 
established in 1994, included four union representatives.
    The Labor Code prohibits employers from taking union membership or 
activity into account regarding hiring, work distribution, professional 
or vocational training, or dismissal; however there were reports of 
individuals being dismissed for union activity. In 2001 the Brasseries 
du Benin reportedly fired union leaders Rufin Domingo, Roger Loko, and 
Jean Ahossi, and alleged their involvement in theft and distribution of 
confidential accounting documents. There was no warning that they were 
suspected of any such offense. The three were the General Secretary and 
first and second Assistant Secretaries of the Syndicat National des 
Ouvriers et Cadres, and they were dismissed on the day of union 
elections at the company. The Government levies substantial penalties 
against employers who refuse to rehire workers dismissed for lawful 
union activities. Union leader Rufin Domingo brought his case before 
the Labor Tribunal. His case was pending at year's end.
    There were no known instances of efforts by the Government to 
retaliate against union activity; however, the International 
Confederation of Free Trade Unions alleged that hostility to trade 
unions persisted and that union members were intimidated. A company may 
withhold part of a worker's pay following a strike. Laws prohibit 
employer retaliation against strikers, and the Government enforced them 
effectively.
    During the year, the mayor of Cotonou prohibited demonstrations by 
labor unions (see Section 2.b.).
    Unions may form freely or join federations or confederations and 
affiliate with international bodies. The two major labor confederations 
were affiliated with the Brussels-based Confederation Internationale de 
Syndicats Libres. In October 2001, union members voted in 
``professional elections'' for the federation or confederation that 
each member would like as his or her labor representative. In March the 
Government finally released the election results; many unions 
criticized the unexplained delay. The Confederation Syndicale des 
Travailleurs du Benin (CSTB), and Confederation des Syndicats Autonomes 
du Benin (CSA-Benin) were declared the winners. The Government's 
decision to certify CSTB and CSA-Benin as cowinners for the public and 
the private sector contests drew heavy criticism.

    b. The Right to Organize and Bargain Collectively.--The Labor Code 
generally allows workers the freedom to organize and administer their 
own unions. The Labor Code provides for collective bargaining, and 
workers freely exercised these rights. Wages in the private sector were 
set in negotiations between unions and employers. The Labor Code also 
includes a section on the rights of workers with disabilities (see 
Section 5). The Government sets wages in the public sector by law and 
regulation.
    Strikes were permitted; however, and the authorities can declare 
strikes illegal for stated causes, such as threatening to disrupt 
social peace and order, and can requisition striking workers to 
maintain minimum services. Unlike in the previous year, there were no 
reports that strikes were declared illegal. There were a number of 
teachers' strikes during the year, which disrupted schools from the 
primary through university levels.
    Under the strike law of 2001, the Government can no longer prohibit 
any strike on the grounds that it threatens the economy or the national 
interest. The law also reduced the advance warning required before a 
strike from 5 to 3 days.
    Labor unions continued to oppose the Government's merit-based 
promotion scheme. Unions also opposed a 1969 decree (which was still in 
effect) permitting the Government to dock the wages of striking public 
sector employees.
    There were no export processing zones.

    c. Prohibition of Forced or Bonded Labor.--The Labor Code prohibits 
forced or bonded labor, including by children; however, the law 
provides for sentences of imprisonment involving compulsory labor for 
certain acts or activities related to the exercise of the right of free 
expression. No such sentences were imposed during the year.
    In addition, forced child labor was a problem (see Sections 5 and 
6.f.). Some financially desperate parents indentured their children to 
``agents'' recruiting farm hands or domestic workers, often on the 
understanding that wages for the children would be sent to the parents. 
According to press reports, in some cases, these agents took the 
children to neighboring countries for labor (see Sections 5 and 6.f.). 
The Government took steps to educate parents and to prevent such 
placing of children in bonded labor. Also, many rural children were 
sent to cities to live with relatives or family friends, often on the 
understanding that in return for performing domestic chores, they would 
receive an education (see Section 5). Host families did not always 
honor their part of the bargain, and the abuse of child domestic 
servants occurred. The Government has taken some steps to curb abuses, 
including media campaigns, regional workshops, and public 
pronouncements on child labor problems. In March government officials 
from Benin and five other West African countries met with trade 
unionists to discuss how they will work together to combat widespread 
child labor and child trafficking in the region.

    d. Status of Child Labor Practices and Minimum Age for 
Employment.--The Labor Code prohibits the employment or apprenticeship 
of children under 14 years of age in any enterprise; however, child 
labor remained a problem. The Ministry of Labor enforced the Labor Code 
in only a limited manner (and then only in the modern sector) due to 
the lack of inspectors. To help support their families, children of 
both sexes--including those as young as 7 years old--continued to work 
on rural family farms, in small businesses, on construction sites in 
urban areas, in public markets, and as domestic servants under the 
practice of vidomegon (see Section 5). A 2000 report estimated that 75 
percent of apprentices working as seamstresses, hairdressers, 
carpenters, and mechanics were younger than 15-years of age. A majority 
of these apprentices were under the legal age of 14 for apprenticeship. 
Children also commonly worked as street vendors.
    Forced child labor was a problem (see Sections 6.c. and 6.f.).

    e. Acceptable Conditions of Work.--The Government administratively 
sets minimum wage scales for a number of occupations. In 2000 the 
Government raised the minimum wage to approximately $34 (25,000 CFA 
francs) per month. However, the minimum wage did not provide a decent 
standard of living for a worker and family. Many workers must 
supplement their wages by subsistence farming or informal sector trade. 
Most workers in the wage sector earned more than the minimum wage, 
although many domestics and other laborers in the informal sector 
earned less.
    The Labor Code establishes a workweek of between 40 and 46 hours, 
depending on the type of work, and provides for at least one 24-hour 
rest period per week. Domestic and agricultural workers frequently 
worked 70 hours or more per week. The authorities generally enforced 
legal limits on workweeks in the modern sector. The code establishes 
health and safety standards, but the Ministry of Public Service, Labor, 
and Administrative Reform did not enforce them effectively. The law 
does not provide workers with the right to remove themselves from 
dangerous work situations without jeopardy to continued employment. The 
Ministry has the authority to require employers to remedy dangerous 
work conditions but did not enforce this authority effectively.

    f. Trafficking in Persons.--Although no law specifically prohibits 
trafficking in persons, the Government interprets its laws as 
prohibiting trafficking in persons in general and in underage girls in 
particular; however, there were reports of trafficking in children, 
which continued to be the subject of considerable media coverage. 
Longstanding provisions of the criminal code prohibit kidnaping. The 
country was a source, transit, and destination for trafficked persons, 
primarily children.
    The Constitution and the law prohibit child prostitution; however 
enforcement was not effective and frequently lax. Child prostitution 
mainly involved young girls. They were from poor families who urged 
them to become prostitutes to provide income for the family. They were 
abused sexually by teachers who sought sex for better grades. They were 
lured to exchange sex for money by older men who acted as their 
``protectors.'' There were street children who became prostitutes to 
support themselves. There were reports of sexual tourism and reports 
that adult males preferred young girls because they were viewed as less 
demanding and less likely to have HIV/AIDS. The Government organized 
assistance to child prostitution victims and worked jointly with NGOs 
and international organizations on prevention programs.
    The Government publicized various arrests of potential traffickers; 
however, there were no reports of subsequent legal action against the 
alleged traffickers.
    Internal trafficking of children within the country took place in 
connection with the forced servitude practice called ``vidomegon,'' 
whereby poor, often rural, families place a child, primarily a 
daughter, in the home of a more affluent family to avoid the burden the 
child represents to the parental family. The children worked, but the 
arrangement was voluntary between the two families (see Section 5).
    Children were trafficked to Ghana, Nigeria, and Gabon for 
indentured or domestic servitude, farm labor, and prostitution. In 
addition, hundreds of children were taken across the border to Togo and 
Cote d'Ivoire to work on plantations. Children from Niger, Togo, and 
Burkina Faso have been trafficked to the country for indentured or 
domestic servitude. Most victims leave home with traffickers who 
promise educational opportunities or other incentives. Following a 
child labor conference in 2000, it was reported in an ILO-IPEC report 
``Combatting Trafficking in Children for Labor Exploitation in West and 
Central Africa'' that 3,061 children were known to have been trafficked 
in the country between 1995 and 1999. The ILO and UNICEF reported that 
trafficking originated mainly in the depressed rural areas. UNICEF also 
reported that trafficked persons originated primarily from the 
country's southernmost provinces, those with the easiest access to the 
paved coastal highway that links Cote d'Ivoire, Togo, Benin, and 
Nigeria. UNICEF also indicated that girls were far more likely to be 
trafficked than boys.
    According to UNICEF, four distinct forms of trafficking occur in 
the country. ``Trafic-don'' was the term given to a practice whereby 
children were given to a migrant family member or stranger, who turned 
them over to another stranger for vocational training or education. 
``Trafic-gage'' was a form of indentured servitude, in which a debt was 
incurred to transport the child, who was not allowed to return home 
until the debt was repaid. ``Trafic-ouvier'' was the most common 
variant, and it was estimated at to be 75 percent of the total traffic 
of the three provinces UNICEF surveyed in 2000. This practice generally 
involved children aged 6 years to 12 years, and they worked as 
artisans, construction laborers, or agricultural or domestic workers. 
Lastly, ``trafic-vente'' was simply the outright sale of children.
    According to a survey of child labor conducted in 1999 by the 
Government, the World Bank, and National Institute of Statistics and 
Economics, 49,000 rural children, constituting 8 percent of the rural 
child population between the ages of 6 and 16, work abroad, primarily 
as agricultural workers on plantations in Cote d'Ivoire and as domestic 
workers in Gabon. Only children who had been trafficked explicitly for 
labor purposes were counted among the 49,000 children that were 
estimated to be victims of trafficking. However, the children who left 
``for other reasons'' may conceal an additional number of trafficked 
children and bring the number close to 80,000. Of the trafficked 
children, 61 percent were boys and 39 percent were girls. Organized 
child traffickers particularly have victimized certain villages, and 
there were villages where up to 51 percent of children were trafficked 
(see Section 6.c.).
    At year's end, none of the persons arrested in connection with the 
MV Etireno, a ship suspected of carrying trafficked children in March 
2001, had been brought to trial.
    Following the arrival of the Etireno, the Government undertook a 
formal investigation and produced a final report, cosigned by UNICEF 
and Terre des Hommes, an NGO. The final report stressed the regional 
nature of the trafficking problem, asked for international assistance 
to help the Government improve its antitrafficking measures, and 
criticized the tone of international media's coverage of the event. No 
further action was taken by year's end.
    The Government was limited severely by a lack of resources, but did 
recognize that trafficking was a problem. To prevent trafficking, the 
Government worked with international organizations to increase literacy 
rates, diversify the economy, and improve health care. The Brigade for 
the Protection of Minors, under the jurisdiction of the Interior 
Ministry, fought crimes against children. The Brigade estimated that 
between 1998 and the beginning of 2001, the various border control 
agencies, including gendarmes and police, intercepted 2,053 children at 
borders other than the port of Cotonou. The Government also worked with 
NGOs to combat trafficking in children, taking measures that included 
media campaigns and greater border surveillance (see Section 5); 
however, police complained that they lacked equipment to monitor 
trafficking adequately.
    The Government participated in a two-part ILO trafficking project 
with seven other countries (Burkina Faso, Cameroon, Cote d'Ivoire, 
Ghana, Nigeria, Senegal, and Togo). The Government also has bilateral 
agreements with Togo, Gabon, and Nigeria, which focus on border control 
and repatriation of trafficking victims. During the year, the 
Government concluded a formal agreement with government of Gabon for 
the repatriation and reintegration of trafficked children.
    In August 2001 in Abomey-Calvi, a group of magistrates held a 
conference to discuss better ways to enforce the country's existing 
laws against trafficking and displacement of persons. In August 2001, 
the city of Cotonou hosted a subregional conference of West African 
police chiefs to discuss their broad array of trafficking cases, 
including women and children, and to explore more effective ways to 
integrate their enforcement and interdiction efforts. Although there 
was no evidence of concrete results, the subregion's police chiefs 
adopted resolutions pledging increased information sharing on border 
control issues; the magistrates created a compilation of existing laws 
and regulations related to trafficking and discussed methods of 
improving enforcement efforts.

                               __________

                                BOTSWANA

    Botswana is a longstanding, multiparty democracy. Constitutional 
power is shared between the President and a popularly elected National 
Assembly. The House of Chiefs, representing all of the country's major 
tribes and some smaller ones, has no legislative power but may offer 
its views to both the President and National Assembly on legislation. 
Festus Mogae became President in 1998 and continued to lead the 
Botswana Democratic Party (BDP), which has held a majority of seats in 
the National Assembly continuously since independence. The 1999 
elections generally were regarded as free and fair, despite initial 
restrictions on opposition access to radio and press reports of ruling 
party campaign finance improprieties. In that election, the BDP 
increased its majority in the National Assembly and President Mogae was 
elected to his first full term. The Government generally respected the 
constitutional provisions for an independent judiciary in practice.
    The civilian government maintained effective control of the 
security forces. The military, the Botswana Defense Force (BDF), 
primarily was responsible for external security, although it did assist 
with domestic law enforcement on a case by case basis. The Botswana 
National Police (BNP) primarily were responsible for internal security. 
Some members of the security forces, in particular the police, 
occasionally committed human rights abuses.
    The economy was market oriented with strong encouragement for 
private enterprise and has achieved rapid sustained real per capita 
economic growth. Nearly 50 percent of the population of approximately 
1.7 million was employed in the informal sector, largely subsistence 
farming and animal husbandry. Rural poverty remained a serious problem, 
as did a widely skewed income distribution. Per capita gross domestic 
product increased to $3,956 from $3,486 in 2000, according to 2001 Bank 
of Botswana figures. Diamond exports provided more than two-thirds of 
the country's export income and much of the revenue of the Government, 
which owned half of a company engaged in the production of diamonds 
from existing mines.
    The Government generally respected the human rights of its 
citizens; however, there were problems in several areas. There were 
reports that the police sometimes beat or otherwise mistreated criminal 
suspects in order to obtain evidence or coerce confessions. The 
authorities took action in some cases against officials responsible for 
such abuses. Prison conditions were poor and overcrowded, although the 
Government made efforts to address the problem by constructing new 
detention facilities. In many instances, the judicial system did not 
provide timely fair trials due to a serious and increasing backlog of 
cases. The Government coerced Basarwa to relocate outside of the 
Central Kalahari Game Reserve (CKGR) during the year. The Government 
continued to dominate domestic broadcasting and limited freedom of the 
press. Some citizens, including groups not numbered among the eight 
``principal tribes'' of the Tswana nation, the majority ethnic group, 
remained marginalized in the political process. Violence and 
discrimination against women remained serious problems. Trade unions 
continued to face some legal restrictions, including those against the 
right to strike, and the Government did not always ensure that labor 
laws were observed in practice. Botswana was invited by the Community 
of Democracies' (CD) Convening Group to attend the November 2002 second 
CD Ministerial Meeting in Seoul, Republic of Korea, as a participant.

                        RESPECT FOR HUMAN RIGHTS

Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:

    a. Arbitrary or Unlawful Deprivation of Life.--There were no 
reports of the arbitrary or unlawful deprivation of life committed by 
the Government or its agents.

    b. Disappearance.--There were no reports of politically motivated 
disappearances.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution explicitly prohibits such practices, and 
the Government generally respected this prohibition in practice; 
however, instances of abuse occurred. There were reports that police 
sometimes used beatings and other forms of intimidation in order to 
obtain evidence or elicit confessions. However, in general beatings and 
other forms of extreme physical abuse were rare. In some cases, the 
authorities took disciplinary or judicial action against persons 
responsible for abuses. Although coerced confessions were inadmissible 
in court, evidence gathered through coercion or abuse may be used in 
prosecution.
    In previous years, there were reports that BDF soldiers at the 
Dukwe refugee camp beat and abused Dukwe residents. In 2000 one refugee 
applicant claimed that BDF soldiers beat him for allegedly stealing a 
bag of sugar. A formal investigation was conducted and the soldiers 
were issued a warning. Following the incident, all BDF soldiers were 
removed from Dukwe.
    During the year, there were allegations that police used excessive 
force in repatriating Zimbabweans who fled across the border into the 
country; however, local nongovernmental organizations (NGOs) were not 
able to confirm reports of mistreatment (see Section 2.d.).
    Unlike in the previous year, there were no reports that government 
game wardens abused the Basarwa (Bushmen) in the CKGR.
    Customary courts continued to impose corporal punishment sentences 
in the form of lashings on the buttocks, generally against young 
offenders in villages for crimes such as vandalism, theft, and 
delinquency.
    Prison conditions remained poor, and conditions largely remained 
unchanged during the year. Conditions in all prisons generally were 
poor, although women's prisons were less crowded than men's prisons. A 
2000 report by the Botswana Prisons Service to the Commissioner 
reportedly denied government responsibility for the conditions of 
prisons; however, the report was not released publicly. With the 
country's high incidence of HIV/AIDS and tuberculosis, prison 
overcrowding was a serious health threat. The Government and prison 
authorities were aware of the problem, and cooperated fully with the 
Center for Disease Control in a study on the prevalence of tuberculosis 
in the prisons. HIV/AIDS testing and U.N. Development Program (UNDP) 
peer counseling was available to all prisoners. There were reports that 
some prisoners died in custody from HIV/AIDS related illnesses.
    The 23 prisons across the country had a capacity of approximately 
3,300 inmates but held 5,829 at year's end. Construction of a new 
prison for male juvenile offenders was delayed due to lack of funds, 
and it was scheduled to open in August 2003. The Prison Commissioner 
has the authority to release terminally ill prisoners who were in the 
last 12 months of their sentences and allow citizen prisoners with 
sentences of 12 months or less to perform ``extramural'' labor. By 
year's end, the Government had released more than 1,000 prisoners under 
the program. Foreign prisoners were required to serve out their entire 
sentences.
    The Prisons Act makes it illegal for prison officials to mistreat 
prisoners. When there is an allegation or suspicion of mishandling of 
prisoners by prison officials, the Department of Prisons is required to 
forward the case to the police for investigation. In 2000 the Minister 
of Presidential Affairs and Public Administration stated that stiff 
penalties would be imposed on prison officials who treat inmates 
improperly.
    Men were held separately from women, and juveniles were held 
separately from adults; however, pretrial detainees were held in the 
same facilities as convicted prisoners.
    The Prisons Act provides for a governmental visiting committee for 
each prison, the members of which are appointed by the Minister of 
Labor and Home Affairs. Members of these committees serve 1-year terms, 
must visit their prison four times within their first term, and issue a 
report both to the Commissioner of Prisons and the Minister of Labor 
and Home Affairs. These reports normally were not released to the 
public. During the year, the committees visited each prison quarterly. 
The committees issued another report during the year to the Minister of 
Labor and Home Affairs; however, the report was not released to the 
public.
    While the Prisons Act grants relatives, lawyers, magistrates, and 
church organizations the right to visit prisoners for ``rehabilitative 
purposes,'' the Commissioner of Prisons has the authority to decide 
whether domestic and international human rights organizations may 
visit. Independent monitoring of prison conditions by human rights 
groups, the media, or the International Committee of the Red Cross 
(ICRC) was allowed if these organizations sought permission from the 
Commissioner of Prisons; however, none of these groups sought 
permission during the year. In the past, some local human rights 
organizations were granted access to visit specific prisoners.

    d. Arbitrary Arrest, Detention, or Exile.--The Constitution 
prohibits arbitrary arrest and detention, and the Government generally 
observed these prohibitions.
    Suspects must be informed of their legal rights upon arrest, 
including the right to remain silent. Detainees must be charged before 
a magistrate within 48 hours. A magistrate may order a suspect held for 
14 days through a writ of detention, which may be renewed every 14 
days. Detainees had the right to contact a family member and to hire 
attorneys of their choice, but in practice most were unable to afford 
legal counsel. Poor police training and poor communications in rural 
villages made it difficult for detainees to obtain legal assistance, 
and authorities did not always follow judicial safeguards. The 
Government did not provide counsel for the indigent, except in capital 
cases. Most citizens charged with noncapital offenses were released on 
their own recognizance; some were released with minimal bail. Detention 
without bail was highly unusual, except in murder cases, where it was 
mandatory. Constitutional protections were not applied to illegal 
immigrants, although the constitutionality of denying them due process 
has not been tested in court.
    Pretrial detention was prolonged in a large number of cases. In 
Gaborone Central Prison, the average wait in prison before trial was 1 
year. The Government attempted to alleviate the backlog of cases by 
temporarily hiring more judges and held a referendum in 2001 in which 
voters authorized amending the Constitution to raise the retirement age 
of judges from 65 to 70; however, several magistrates resigned during 
the year, and the backlog of cases increased.
    The Government sometimes held newly arrived refugees and asylum 
seekers in local jails until they could be interviewed by the Botswana 
Council for Refugees (BCR) or the U.N. High Commissioner for Refugees 
(UNHCR) (see Section 2.d.). During the year, the Government completed 
construction of the Francistown Holding Center with a capacity of 504 
illegal immigrants awaiting repatriation. There were 257 illegal 
immigrants in the holding center at year's end. BCR or the UNHCR 
interviewed immigrants claiming refugee status, and once persons were 
granted refugee status, the Government transferred them to the Dukwe 
Refugee Camp (see Section 2.d.). The five refugees from Namibia's 
Caprivi Strip who committed criminal offenses while at the Dukwe 
refugee camp remained in protective custody at Mahalapye Prison, 
despite a request from the Namibian government that they be 
repatriated.
    The law prohibits forced exile, and the Government did not use it 
in practice.

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary, and the Government generally respected this 
provision in practice.
    The judiciary consists of both a civil court (including 
magistrates' courts, a High Court, and a Court of Appeal) and a 
customary (traditional) court system.
    The law provides for the right to a fair trial; however, the civil 
courts remained unable to provide for timely, fair trials in many cases 
due to severe staffing shortages and a backlog of pending cases. Most 
trials in the regular courts were public, although trials under the 
National Security Act (NSA) may be held in secret. Those charged with 
noncapital crimes were tried without legal representation if they could 
not afford an attorney. As a result, many defendants may not be 
informed of their rights in pretrial or trial proceedings. The BCHR 
provided free legal services, but its capacity was limited. Another 
NGO, the University of Botswana Legal Assistance Center, provided free 
legal services in civil, but not criminal, matters.
    In 1999 a High Court judge declared a mistrial in the case of two 
Basarwa (Bushmen) men who had been convicted in 1995 of murder and who 
were awaiting execution. Ruling that the two had been deprived of their 
constitutional rights, the judge ordered a new trial, which was 
scheduled for March 2003.
    Most civil cases were tried in customary courts, under the 
authority of a traditional leader. These courts handled minor offenses 
involving land, marital, and property disputes. In customary courts, 
the defendant does not have legal counsel, and there were no precise 
rules of evidence. Tribal judges, appointed by the tribal leader or 
elected by the community, determine sentences, which may be appealed 
through the civil court system. The quality of decisions reached in the 
traditional courts varied considerably. In communities where chiefs and 
their decisions were respected, plaintiffs tended to take their cases 
to the customary court; otherwise, persons sought justice in the civil 
courts.
    There were no reports of political prisoners.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The Constitution prohibits such actions, and the 
Government generally respected these prohibitions in practice, with the 
exception of the resettlement of the Basarwa out of the CKGR.
    During the year, the Government coerced ethnic Basarwa (also known 
as the San or Bushmen) into abandoning their ancestral communities 
within the CKGR, and moved them to resettlement camps located outside 
the reserve (see Section 5). Government officials maintained that the 
resettlement program was voluntary and necessary in order to reduce the 
cost of providing public services and to minimize human impact on 
wildlife. The Government ``assisted'' the inhabitants to relocate and 
provided compensation for abandoned property. In some cases, the 
Government used intimidation and coercion to force families to leave 
the reserve. Government officials dismantled local houses and made it 
difficult to bring water into the reserve.

Section 2. Respect for Civil Liberties, Including:

    a. Freedom of Speech and the Press.--The Constitution provides for 
freedom of speech and of the press, and the Government generally 
respected these rights in practice; however, the Government attempted 
to limit freedom of the press and continued to dominate domestic 
broadcasting. The Government occasionally censored stories or news 
sources that it deemed undesirable.
    The Government's Botswana Press Agency (BOPA) provided most of the 
information found in the media owned and operated by the Government: 
The free Daily News newspaper, Botswana Television (BTV), and two FM 
radio stations, Radio Botswana (RB1) and Radio Botswana 2 (RB2). RB1 
operated from 5 a.m. to 12 a.m. daily, and RB2 operated 24 hours per 
day. News coverage in the state-owned media focused on the activities 
of government officials and supported government policies and actions. 
The Daily News also published general coverage of current events and 
issues and included a second front page in Setswana, the most commonly 
spoken language.
    The independent press was small but vigorous and has a long 
tradition of candid discourse. It actively covered the political arena 
and frequently was critical of the Government and the President. The 
circulation of privately owned print media continued to be limited 
mostly to the main cities and towns. By year's end, seven privately 
owned weekly newspapers were published in Gaborone and distributed to 
the country's main cities and towns. One privately owned weekly 
newspaper was published in Francistown, the country's second-largest 
city. A total of nine privately owned monthly magazines were published 
nationally. These publications reported and editorialized without fear 
of closure.
    Government officials sometimes complained of bias in the private 
press. However, government officials and other public figures have 
recourse to the courts if they believe that they have been libeled. 
Libel was a civil law matter; there were no criminal libel laws. In 
2000 the Vice President filed a libel suit against the Botswana 
Guardian and the Midweek Sun newspaper, which was pending at year's 
end.
    In April 2001, after a series of negative press stories about 
government officials, the Government directed all government agencies 
and parastatals to refrain from advertising in the Botswana Guardian 
and its sister newspaper, the Midweek Sun. While officials initially 
claimed that the decision was solely a financial one, officials 
admitted in court that the decision to ban advertising was meant to 
have a punitive nature during a lawsuit brought by the newspapers. In 
September 2001, the High Court overruled the decision to ban 
advertising and ordered the Government to pay the newspapers' legal 
fees; however, the Court's decision on whether depriving the newspapers 
of advertising revenue was an unconstitutional suppression of speech 
and of the press was pending at year's end.
    Radio remained the most important medium of public communication; 
the circulation of privately owned print media continued to be limited 
mostly to the main cities and towns. In past years, the Government 
monopolized domestic radio broadcasting; however, two private radio 
stations, Yarona FM and Gabz FM, also broadcast. Both broadcast in 5 of 
the country's 10 largest towns; state-owned radio continued to be the 
only domestic radio service broadcasting to the rest of the country. 
Both private radio stations have a news component to their programming, 
with no discernible policy of supporting a particular political party. 
The law provides for the issuance of broadcast licenses to private 
companies and provides copyright protection of broadcast material; it 
also mandates the establishment of a National Broadcast Board, which 
grants broadcast licenses. In 2000 the Board held its first meeting at 
the Botswana Telecommunication Authority (BTA) offices in Gaborone; 
during the year, it issued its first broadcast lease.
    In 2000 the Government opened BTV amid skepticism from the public 
and some parliamentarians over delays and overspending. BTV began 
broadcasting with technical and programming assistance from the British 
Broadcasting Corporation, and an emphasis on the Setswana language 
service. Transmission extended south from Gaborone to Lobatse, north to 
Serowe and Francistown, and was scheduled to be available throughout 
the country within a few years.
    The debut of BTV generated considerable discussion among members of 
the public, parliamentarians, and government officials about whether 
its status as a government-owned station would interfere with its 
ability to function independently, especially with respect to reporting 
the news. In April Presidential Affairs and Public Administration 
Minister Daniel Kwelagobe criticized the Government media for 
irresponsible reporting following stories about a kgotla (community) 
meeting in Molepolole, in which Bakwena tribesmen suggested that 
President Mogae's origins could be traced to Zimbabwe. The Minister, 
whose responsibility then included media matters, declared that stories 
for the Daily News, Radio Botswana, and Botswana Television would be 
censored in order to sanitize them. Other than these remarks, no real 
action was taken, and there were no instances of censorship reported 
during the year.
    The opposition Botswana Congress Party (BCP) criticized government 
control over BTV, Radio Botswana, the Daily News, and BOPA and urged 
that they be privatized or turned into parastatals.
    The privately owned Gaborone Broadcasting Company (GBC) broadcast 
mostly foreign made programming and was the only other television 
station operating in the country. GBC broadcasts reached viewers only 
in the capital area.
    Independent radio and television broadcasts from neighboring South 
Africa were received easily in border areas. Satellite television from 
a South African-based company was available readily, although its cost 
prevented many persons from subscribing to the service.
    Internet access continued to spread quickly. The Government did not 
restrict e-mail or Internet usage. Thirteen Internet service providers 
(ISPs) were available to the domestic market, up from four in the 
previous year. Botsnet is the commercial arm of the parastatal Botswana 
Telecommunications Corporation (BTC). While private ISPs were allowed 
to operate, they did so at a competitive disadvantage due to the larger 
bandwidths dedicated to Botsnet.
    The Government did not restrict academic freedom.

    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of assembly and association, and the Government 
generally respected these rights in practice.

    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government generally respected this right in 
practice.
    For a more detailed discussion see the 2002 International Religious 
Freedom Report.

    d. Freedom of Movement Within the Country, Foreign Travel, 
Emigration, and Repatriation.--The Constitution provides for these 
rights, and the Government generally respected them in practice. There 
were no governmental barriers to domestic and international travel or 
emigration.
    In January the Government required the Basarwa to relocate from the 
CKGR to one of three designated settlements outside of the reserve. The 
Government did not allow Basarwa who relocated to enter the CKGR 
without a permit, which was required of all visitors to enter the 
reserve; however, in November roadblocks around the CKGR became 
ineffective and several Basarwa reoccupied the territory (see Sections 
1.f. and 5).
    The law provides for the granting of asylum and refugee status in 
accordance with the 1951 U.N. Convention Relating to the Status of 
Refugees and its 1967 Protocol. The Government cooperates with the 
office of the UNHCR and other humanitarian organizations in assisting 
refugees. The Government strictly applied a policy of first asylum. 
Refugee applicants who were unsuccessful in obtaining asylum were 
allowed to remain at Dukwe until the Government referred their cases to 
the UNHCR for resettlement; however, in some sensitive cases, the 
Government has used deportation. There were no such cases this year. 
The Government maintained a policy of considering asylum requests only 
from refugees from bordering countries; however, in practice the 
Government often considered refugee applications from Angolans. The BCR 
or the UNHCR interviewed immigrants claiming refugee status. Although 
the Government sometimes held newly arrived refugees in local jails 
until they could be interviewed by BCR or UNHCR officials, once persons 
were granted refugee status, the Government transferred them to the 
Dukwe Refugee Camp until their resettlement or voluntary repatriation 
(see Section 1.d.). There were 4,300 refugees at Dukwe by year's end; 
they were primarily from Namibia, Angola, and Somalia. At year's end, 
five refugees were being held in ``protective custody'' in Mahalapye 
Prison (see Section 1.d.).
    Unlike the previous year, there were no reports that BDF soldiers 
beat or abused residents of the Dukwe refugee camp (see Section 1.c.).
    During the year, there were allegations that police used excessive 
force in repatriating Zimbabweans who fled across the border into the 
country. The Deputy Commander of the Botswana Police Service and the 
Zimbabwean High Commissioner said that there was no truth to the 
allegations. Ditshwanelo, the Botswana Center for Human Rights, was not 
able to confirm reports of mistreatment.
    More than 2,500 refugees from the Caprivi Strip in neighboring 
Namibia have fled to the country since 1998. Many were armed and linked 
to the ethnically based opposition groups based in the Caprivi Strip. 
Male refugees linked to such groups requested asylum based on their 
claim that they were being forced into the Namibian army to fight in 
the Democratic Republic of the Congo. The Government provided first 
asylum to all such persons. No refugee repatriation took place in 2001; 
however, between August 12 and October 17, approximately 1,000 Namibian 
refugees were voluntarily repatriated at the Ngoma border. This 
repatriation took place after a tripartite agreement between the 
Government, Namibia, and the UNHCR. The UNHCR head of liaison was 
satisfied with the dignified and orderly manner being accorded Namibian 
refugees by all parties to the tripartite agreement. There were 
approximately 1,300 Namibian refugees at the Dukwe refugee camp by 
year's end, and arrangements were being made for their repatriation in 
March 2003.
    In December the High Court rejected Namibia's request to have 13 
alleged Caprivi secessionists extradited to face charges of murder and 
high treason on the grounds that they would not receive a fair trial in 
Namibia. Human rights groups have applauded this decision. There was no 
further action taken by year's end.
    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, and citizens exercised this right in practice 
through periodic, free, and fair elections held on the basis of 
universal adult (18 years of age) suffrage. The President is elected by 
the National Assembly and is limited to two 5-year terms in office. 
Members of the BDP have held a majority of seats in the National 
Assembly and have controlled the presidency continuously since 
independence.
    The House of Chiefs, an advisory body with limited powers, was 
restricted constitutionally to the eight ``principal tribes'' of the 
majority Tswana ethnic group and four elected chiefs representing 
smaller tribes, including the Bakalanga, Balozi, Humbukushu, and 
Bakgalagadi. Consequently other groups such as the Basarwa, Ovaherero, 
or Bayei were not represented there. Given the limited authority of the 
House of Chiefs, the impact of excluding other groups of citizens 
largely was symbolic, but some non-ethnic Tswana viewed it as important 
in principle. Following a study by the Balopi Commission, in December 
2001, the Government released a policy paper recommending 
constitutional amendments to make the House of Chiefs more inclusive 
and ethnically neutral. Parliament adopted its recommendations; 
however, no date was set for implementation. Members of the National 
Assembly were required to speak English.
    Elections for the National Assembly were held in 1999 and generally 
were regarded as largely free and fair by domestic and international 
observers, despite preferential access for BDP candidates during much 
of the campaign to state-owned media including state-owned radio, the 
sole domestic source of news for most of the rural population (see 
Section 2.a.), and despite press reports of large anonymous campaign 
contributions to the ruling party, reportedly by international diamond 
interests. The BDP increased its majority in the National Assembly from 
31 to 37 of 44 seats, thereby ensuring the election of its presidential 
candidate, incumbent President Mogae. Of the seven seats won by 
opposition parties in 1999, the Botswana National Front won six, and 
the BCP won one seat.
    There were 406 district governments with elected councilors, but 
they had no fiscal autonomy and relied on the central government for 
revenue.
    The 1999 elections doubled the number of women serving in the 
National Assembly, from 4 to 8 of 44 members. The number of women 
serving in the cabinet also increased from 4 to 6 of 20 members. Of the 
13 High Court justices, 1 was a woman.
    During the year, one of the eight paramount Tswana-speaking tribes 
selected Mosadi Seboko to be the first female chief in tribal history.

Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A number of domestic and international human rights groups, 
including the BCHR, generally operated without government restriction, 
investigating and publishing their findings on human rights cases. 
Government officials usually were cooperative and responsive to their 
views; however, some groups complained that the Government's 
cooperation was designed mainly to mute criticism and did not result in 
improved human rights conditions. Emang Basadi Women's Association and 
Women Against Rape were active on issues concerning women's rights, 
particularly rape and domestic violence (see Section 5). Survival 
International, the NGO that took up the cause of the Basarwa and 
protested their removal from the CKGR, was not obstructed in carrying 
out its situation assessments.
    The Government cooperated with the UNHCR and UNICEF, as well as 
other international organizations.

Section 5. Discrimination Based on Race, Sex, Disability, Language, or 
        Social Status
    The Constitution forbids governmental discrimination on the basis 
of ethnicity, race, nationality, creed, sex, or social status, and the 
Government generally respected these provisions in practice. However, 
neither the Constitution nor the law prohibits discrimination by 
private persons or entities.

    Women.--Domestic violence against women remained a serious problem. 
Under customary law and in common rural practice, men have the right to 
``chastise'' their wives. Police rarely were called to intervene in 
cases of domestic violence. Reports of sexual exploitation, abuse, and 
assault increased an estimated 18.4 percent during the year, in part 
due to public awareness of the problem and a willingness of victims to 
come forward. The national police force began training officers in 
handling domestic violence problems to make them more responsive in 
such cases. Although the Government has become far tougher in dealing 
with sexual assault, societal attitudes toward other forms of domestic 
violence remained lenient. Half of the murders of women were linked to 
histories of domestic violence. Human rights activists estimated that 6 
women in 10 were victims of domestic violence at some time in their 
lives.
    Rape was another serious problem, and given the high incidence of 
HIV/AIDS, sexual assault became an even more serious offense. By law 
the minimum sentence for rape was 10 years, with the minimum increasing 
to 15 years with corporal punishment if the offender was HIV-positive, 
and to 20 years with corporal punishment if the offender knew of his or 
her HIV status. The law does not address the issue of marital rape. 
Women's groups acknowledged an improvement in the treatment of alleged 
victims by police officials during rape investigations; however, they 
noted that police still lacked basic investigative knowledge of rape 
cases.
    Sexual exploitation and harassment continued to be problems with 
men in positions of authority, including teachers, supervisors, and 
older male relatives who pressured women and girls to provide sexual 
favors. In 2000 the Government amended the Public Service Act to 
recognize sexual harassment as misconduct carrying penalties under the 
law. Greater public awareness and improved legal protection have led 
more victims of domestic violence and sexual assault to report 
incidents to the authorities. In May 2001, the Women's Affairs 
Department held a national workshop on violence toward women and issued 
a report that promoted the use of an integrated approach among all 
interested parties to gender based violence.
    Women legally enjoyed the same civil rights as men; however, in 
practice societal discrimination persisted. A number of traditional 
laws enforced by tribal structures and customary courts restricted 
women's property rights and economic opportunities. A woman married 
under traditional law or in ``common property'' was held to be a legal 
minor and required her husband's consent to buy or sell property, apply 
for credit, and enter into legally binding contracts. Under the law, 
women married under an intermediate system, referred to as ``in 
community of property,'' were permitted to own immovable property in 
their own names; however, their husbands still retained considerable 
control over jointly held assets of the marriage. Moreover, the law 
also stipulates that neither spouse can dispose of joint property 
without the written consent of the other party.
    Women increasingly exercised the right to marriage ``out of common 
property,'' in which case they retained their full legal rights as 
adults. Polygyny still was legal under traditional law with the consent 
of the first wife, but it rarely was practiced. The Government and 
local NGOs focused on constructive methods to address discrimination 
against women in the areas of marital power, legal disabilities, and 
proprietary consequences of marriage under common law, customary law, 
and the Married Persons Property Act. In 2001 the Government amended 
the marriage laws. Prior to the amendment, girls could be married with 
parental consent at age 14, and boys with parental consent at age 16. 
The new law sets the age of marriage with parental consent at 18 for 
both sexes, and at age 21 if parental consent is not given. All 
marriages must be registered, regardless of customary law or religious 
belief.
    Well trained urban women enjoyed growing entry level access to the 
white collar job market, but the number of opportunities decreased 
sharply as they rose in seniority. Discrimination against women was 
most acute in rural areas where women engaged primarily in subsistence 
agriculture had few property rights.
    Young women did not have access to military or national service 
training. Military service was voluntary for men only. The Government 
abolished its national service program in 2000, a program that 
previously allowed male and female high school graduates to serve in 
government departments, mostly in rural areas. In 2000 Parliament 
passed a resolution calling for young women to be allowed to serve in 
the BDF ``as soon as practicable.''
    The Government and interested NGOs met regularly to implement the 
long term plan of action described in the National Policy on Women. The 
Women's Affairs Department of the Ministry of Labor and Home Affairs, 
in conjunction with the U.N. Development Program, developed the Program 
Support Document (PSD) in 1997, which provides a framework for 
implementation of the national policy on women until the end of the 
year. The Women's Affairs Department had not released a report on 
progress in the target areas at year's end.
    A number of women's organizations emerged to promote the status of 
women, and the Government entered into a dialog with many of these 
groups. While some women's rights groups reportedly felt that the 
Government was slow to respond concretely to their concerns, women's 
NGOs stated that they were encouraged by the direction of change and by 
the increasingly collaborative relationship with government 
authorities. Major women's NGOs included the Emang Basadi Women's 
Association, which promoted the social, economic, and legal status of 
women and the Botswana Council of Women.

    Children.--The rights of children are addressed in the Constitution 
and the Children's Act. Under the law, the country has a court system 
and social service apparatus designed solely for juveniles. The 
Government started a 10-year program of action for children in 1997, 
incorporating the seven major global goals identified at the 1990 U.N. 
World Summit for Children. Laws pertaining to children continued to be 
under review to align them with the U.N. Convention on the Rights of 
the Child. The Adoption Act also continued to be reviewed to ensure 
that adopted children were provided for and not exploited as labor.
    The Government provided 7 years of free primary education for 
children, although attendance was not compulsory. Government estimates 
of the proportion of children who never attended school ranged from 10 
to 17 percent, and fewer than 20 percent of children completed 
secondary school; school attendance and completion rates were highest 
in urban areas, and lowest in remote rural areas, especially those 
inhabited chiefly by Basarwa. In some cases, girls were denied 
schooling because of religious or customary beliefs. The Government 
continued to allocate the largest portion of its operating expenditures 
to the Ministry of Education, and the second largest portion to the 
Ministry of Local government, which administered primary education. It 
also continued to allocate a large part of its investment expenditures 
to construct primary and secondary schools, so children have ready 
access to education. The literacy rate is 69 percent: 70 percent for 
females and 67 percent for males.
    UNAIDS estimated that 38.8 percent of persons between the ages of 
15 and 49 were infected with HIV/AIDS, and due largely to deaths from 
HIV/AIDS, 78,000 orphans were reported by UNICEF. However, 28 percent 
of babies born from HIV positive mothers were protected from the virus. 
Increasing numbers of children, mostly believed to be orphans, became 
beggars or prostitutes in urban areas. Relatives denied inheritance 
rights to orphans who were infected with HIV/AIDS.
    There was no societal pattern of abuse against children, although 
incest and other forms of child abuse have received increased attention 
from the media and from local human rights groups.
    Sexual harassment of students by teachers was a problem. Reports of 
rape and sexual assault of young women, and cases of incest and 
``defilement'' of young girls appeared with greater frequency in the 
news. The age of sexual consent was 16. Child prostitution and 
pornography were criminal offenses, and the law stipulates a 10-year 
minimum sentence for ``defilement'' of persons under 16 years of age. 
In view of the belief held by some in southern Africa that intercourse 
with a virgin is a cure for HIV/AIDS, intergenerational sex (sexual 
relations between older men and girls) and the problems of teenage 
pregnancy caused by older men received extensive media attention during 
the year.

    Persons with Disabilities.--Employment opportunities for persons 
with disabilities remained limited. The Government did not require 
accessibility for public buildings and public conveyances for persons 
with disabilities, and the NGO community began to address the needs of 
persons with disabilities only during the last decade. The Government 
had a national policy that provides for integrating the needs of 
persons with disabilities into all aspects of government policymaking. 
The Government funded NGOs that provide rehabilitation services and 
supported small scale work projects by workers with disabilities.

    Indigenous People.--The Basarwa (also known as Bushmen or San), who 
now chiefly inhabit the Kalahari Desert, are the earliest known 
inhabitants of the country and were the only inhabitants until Bantu 
speaking groups arrived during the 16th century. They were 
linguistically, culturally, and often morphologically distinct from the 
rest of the population; however, they themselves were not a homogenous 
group. They remained economically and politically marginalized; they 
have lost access to their traditional land in fertile regions of the 
country and were vulnerable to exploitation by their non-Basarwa 
neighbors. Their isolation, ignorance of civil rights, and lack of 
political representation have stymied their progress. The estimated 
52,000 to 65,000 Basarwa represented approximately 3 percent of the 
country's population. Although the Basarwa traditionally were hunter-
gatherers, most employed Basarwa worked as agricultural laborers on 
cattle ranches that belonged to other ethnic groups. During the year, a 
substantial proportion of the Basarwa resided in government-created 
Remote Area Dweller settlements and subsisted on government social 
welfare benefits.
    The colonial government established the 20,000 square mile CKGR in 
1961 to protect the food supply of some Basarwa groups still pursuing a 
subsistence hunter-gatherer livelihood. Starting in 1995 the Government 
made a concerted effort to remove Basarwa from the CKGR and relocated 
the population to two newly created settlements just outside the 
reserve. Between 2000 and the end of 2001, the remaining CKGR 
communities and the Government negotiated to reach an accommodation for 
the population remaining in the reserve. This process culminated in 
several draft ``CKGR Management Plans.'' The plans envisaged the 
formation of community use zones for the remaining communities and 
assumed the continued level of public service provided by the 
Government (water provision, healthcare services, and the distribution 
of old age, orphan, and destitute benefits). In August 2001, the 
Government delivered an ultimatum declaring that all current residents 
of the CKGR would be removed and relocated. The Government continued to 
accommodate the CKGR population until January, at which time all public 
services were terminated and subsistence hunting licenses were revoked. 
In April the Government required all Basarwa to leave the CKGR and 
resettle in the townships of Kaudwane New Xade, and Xere, where the 
facilities had to cope with a doubling of population without an 
increase in resources (see Section 1.f.).

Section 6. Worker Rights

    a. The Right of Association.--The Constitution provides for the 
right of workers' association. In practice all workers except public 
employees were free to join or organize unions of their own choosing. 
Government employees were not permitted to organize their own unions. 
The industrial or wage economy is small, and unions were concentrated 
largely in mineral extraction and to a lesser extent in the railway and 
banking sectors. There was only one major confederation, the Botswana 
Federation of Trade Unions (BFTU), but there were no obstacles to the 
formation of other labor federations. During the year, the BFTU and the 
Manual Workers' Union completed its merger into one union. In 2001 the 
Government authorized the Civil Service to organize its own union; 
however, the union was not established by year's end. Labor laws were 
not yet compliant with the International Labor Organization (ILO), but 
draft laws were scheduled to be presented to Parliament in 2003.
    Unions were independent of the Government and were not closely 
allied with any political party or movement. Unions may employ full-
time administrative staff, but the law requires elected union officials 
to work full time in the industry that the union represents. This rule 
severely limited union leaders' professionalism and effectiveness, and 
was criticized by the International Confederation of Free Trade Unions 
(ICFTU).
    Workers may not be fired for union-related activities. Dismissals 
on other grounds may be appealed to labor officers or civil courts, but 
labor offices rarely ordered more than 2 months' severance pay.
    Unions may join international organizations, and the BFTU was 
affiliated with the ICFTU. The Minister of Labor must approve any 
affiliation with an outside labor movement, but unions may appeal to 
the courts if an application for affiliation is refused.

    b. The Right to Organize and Bargain Collectively.--The 
Constitution provides for collective bargaining for unions that have 
enrolled 25 percent of a labor force. In reality only the mineworker 
and diamond sorter unions may have the organizational strength to 
engage in collective bargaining.
    The law severely restricted the right to strike. Legal strikes 
theoretically were possible only after an exhaustive arbitration 
process. Sympathy strikes were prohibited. In August 2001, a 
consultancy appointed by the Government recommended that a separate pay 
structure from the rest of the public service be created for teachers. 
Teachers expected the separate pay structure to be implemented in 
April, the beginning of the Government fiscal year. On September 25, 
after the Government failed to take any action, the teachers of the 
Botswana Federation of Secondary School Teachers (BOFESETE) went on a 
3-day strike. Teachers struck again during exam time, from October 14 
through October 21. The President stated he would appoint a new 
commission to hear the teachers' grievances and to consider the 
awarding of retroactive pay. The teachers did not strike again during 
the year.
    In November the Botswana Unified Local government Service 
Association (BULGSA) held a 2-week strike action protesting 
discrepancies between the salaries of local government employees and 
their central government civil service counterparts. The President 
again intervened and promised to appoint a new commission. In late 
November, University of Botswana academic and non-academic staff went 
out on strike over salaries, and quickly were joined by students 
protesting chaotic exam schedules. After demonstrations became 
disruptive, the university was shut down on December 6, 2 weeks earlier 
than it was scheduled to close. There were no legal strikes during the 
year.
    The country has only one export processing zone (EPZ), located in 
the town of Selebi-Phikwe, and it was subject to the same labor laws as 
the rest of the country.

    c. Prohibition of Forced or Bonded Labor.--The Government does not 
prohibit forced and bonded labor, including by children; however, there 
were no reports that such practices occurred.

    d. Status of Child Labor Practices and Minimum Age for Employment 
of Children.--Only an immediate family member may employ a child age 13 
or younger, and no juvenile under age 15 may be employed in any 
industry. Only persons over age 16 may be hired to perform night work, 
and no person under age 16 was allowed to perform hazardous labor, 
including mining. District and municipal councils had child welfare 
divisions, which were responsible for enforcing child labor laws. 
Because research on child labor was limited, it was difficult to state 
whether child labor laws were enforced effectively. However, the Labor 
Commissioner, officials of the Ministry of Local government, Lands, and 
Housing, and UNICEF generally agreed that the child labor problem was 
limited to young children in remote areas who worked as cattle tenders, 
domestic laborers, and child care providers.
    The law provides that adopted children may not be exploited for 
labor and protects orphans from exploitation as labor or coercion into 
prostitution.
    The Government launched a 10-year program of action for children in 
1997 (see Section 5); however, implementation has proceeded slowly.

    e. Acceptable Conditions of Work.--The minimum daily wage for most 
full time labor in the private sector was $3.15 (17 pula), which 
remained less than 50 percent of what the Government calculated as 
necessary to provide a decent standard of living for a family. The 
Cabinet determined wage policy and decided based on recommendations 
made by the National Economic, Manpower and Incomes Committee (NEMIC), 
which consists of government, BFTU, and private sector representatives. 
The Ministry of Labor was responsible for enforcing the minimum wage, 
and each of the country's districts had at least one labor inspector. 
Civil service disputes were referred to an ombudsman for resolution. 
Private labor disputes were mediated by labor commissioners; however, 
an insufficient number of commissioners resulted in 1 to 2 year 
backlogs in resolving such disputes. The Industrial Court registered 
288 cases during the year, and 205 were outstanding at year's end.
    Formal sector jobs almost always paid well above minimum wage 
levels. Informal sector employment, particularly in the agricultural 
and domestic service sectors, where housing and food were included, 
frequently paid below the minimum wage. There was no mandatory minimum 
wage for domestic workers, and the Ministry of Labor did not recommend 
a minimum wage for them.
    The law permits a maximum 48-hour workweek, exclusive of overtime, 
that is payable at time and a half for each additional hour. Most 
modern private sector jobs had a 40-hour workweek; however, the public 
sector changed to a 48-hour workweek.
    The law provides that workers who complain about hazardous 
conditions may not be fired. However, the Government's ability to 
enforce its workplace safety legislation remained limited by inadequate 
staffing and unclear jurisdictions among different ministries. 
Nevertheless, employers generally provided for worker safety, with an 
occasional exception in the construction industry.
    Illegal immigrants from poorer neighboring countries, primarily 
Zambians and Zimbabweans, were exploited easily in labor matters, since 
they would be subject to deportation if they filed grievances against 
their employers.

    f. Trafficking in Persons.--The law does not prohibit trafficking 
in persons, although penal code provisions cover such related offenses 
as abduction and kidnaping, slave trafficking, compulsory labor, and 
procuring women and girls for the purpose of prostitution; however, 
there were reports of trafficking. Although the law criminalizes child 
prostitution, there were reports that children who were orphaned by 
HIV/AIDS became prostitutes in urban areas (see Section 5).

                               __________

                              BURKINA FASO

    President Blaise Compaore continued to dominate the Government of 
the Fourth Republic, assisted by members of his party, the Congress for 
Democracy and Progress (CDP), despite gains made by the opposition in 
the May 5 legislative elections. The Government included a strong 
presidency, a prime minister, a cabinet, a one-chamber National 
Assembly, and the judiciary. In 1998 President Compaore was reelected 
to a second 7-year term with 88 percent of the vote; 56 percent of the 
electorate voted; however, some serious political figures boycotted the 
election. The two candidates who opposed the President provided only 
token opposition and reportedly were persuaded by the Government to run 
for the presidency to help create the appearance of a contested 
election. International observers considered the May 5 legislative 
elections to have been substantially free and fair, although a 
collective of 14 local nongovernmental organizations (NGOs) cited voter 
list irregularities and cases of fraud. The judiciary was subject to 
executive influence.
    The security apparatus consisted of the armed forces and the 
gendarmerie, which were controlled by the Ministry of Defense; the 
national police, controlled by the Ministry of Security; and the 
municipal police, controlled by the Ministry of Territorial 
Administration. The Presidential Guard was an autonomous security 
force, although it technically was subject to the jurisdiction of the 
armed forces and part of the army. Civilian authorities, under the 
direct control of the President, effectively controlled the military. 
Members of the security forces committed serious human rights abuses.
    An estimated 80 percent of the population of approximately 12.6 
million engaged in subsistence agriculture. Frequent drought and 
limited communication and transportation infrastructures, in addition 
to a 77 percent illiteracy rate, were longstanding problems. In 2000 
the Government adopted an antipoverty strategy to open the economy to 
market forces, while shifting resources to the education and health 
sectors. Gross national product per capita was $230.
    The Government's human rights record remained poor, and it 
continued to commit abuses. The continued dominance of President 
Compaore and his ruling party limited citizens' right to change their 
government, although the gains made by the opposition in the May 5 
legislative elections represented another step toward democratic 
government. The security forces were responsible for numerous 
extrajudicial killings and continued to abuse detainees. During the 
year, there were credible reports that security forces summarily 
executed suspected criminals. Prison conditions remained harsh. 
Arbitrary arrest and detention were problems, and authorities did not 
provide detainees with due process. Although the Government continued 
attempts to improve its human rights performance, a general climate of 
impunity for members of the security forces and members of the 
President's family, along with slow progress in identifying or 
punishing those responsible for abuses, continued to be problems. 
Courts were subject to executive influence, and authorities did not 
ensure fair trials. At times authorities restricted media activity, and 
the media practiced self-censorship. The deaths of internationally 
respected journalist Norbert Zongo, his brother, and two other men in a 
suspicious car fire in December 1998 remained a focus of public concern 
during the year. The Government at times restricted freedom of 
assembly. Violence and discrimination against women, including female 
genital mutilation (FGM), were problems. Violence against children, 
child labor, and child trafficking continued to be problems. The 
Government took steps to combat FGM and trafficking in persons. Social 
discrimination against persons with disabilities was widespread. 
Killing or severe beating of criminal suspects by vigilante mobs 
remained common. Burkina Faso was invited by the Community of 
Democracies' (CD) Convening Group to attend the November 2002 second CD 
Ministerial Meeting in Seoul, Republic of Korea, as an observer.

                        RESPECT FOR HUMAN RIGHTS

Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:

    a. Arbitrary or Unlawful Deprivation of Life.--The security forces 
were responsible for numerous extrajudicial killings during the year. 
The Burkinabe Movement for Human Rights (MBDHP), the country's largest 
human rights organization and a vocal critic of the Government, alleged 
that security forces committed numerous extrajudicial killings during 
the year. Although the numbers and names of victims could not be 
verified independently, there were credible reports that security 
forces summarily executed suspected criminals during the year in 
response to public concerns about rising crime. The Security Minister 
denied allegations of extrajudicial killings but admitted that security 
forces had killed an unspecified number of persons in gun battles with 
``armed bands.''
    On March 14, the press reported that the bodies of four persons 
were discovered on the road to the western city of Niangoloko. These 
persons reportedly were known criminals in Banfora, Comoe Province. It 
was believed that security forces might have killed them as part of the 
Government's anticrime campaign. No known official action was taken by 
year's end.
    On June 17, the MBDHP reported the death of Mahamadi Bonkoungo, who 
died under mysterious circumstances on May 5 while in police custody. 
Bonkoungou was arrested for theft on February 4 and was detained until 
May 5, which exceeds the legal time of detention without charge (see 
Section 1.d.). The MBDHP alleged that this death likely was connected 
with the Government's anticrime campaign, initiated in 2001. No 
official action was taken on this case by year's end.
    On August 1, unknown persons killed former Cote d'Ivoire Minister 
of Higher Education and opposition leader Balla Keita in his home in 
Ouagadougou. Keita, an Ivorian citizen, had arrived in the country in 
March 2001 as a political refugee. According to Prosecutor General 
Abdoulaye Barry, the killing could be a political killing perpetrated 
by agents of the Government of the Cote d'Ivoire. There were no 
developments in the case by year's end.
    There was no action in the following 2001 cases: The February 
killing of Jean Roger Sanou in Bobo-Dioulasso by security forces; the 
May killing of Issa Diallo by gendarmes in the small city of Pouytenga, 
Kouritenga Province; the September killing of Daouda Ouedraogo in 
Ouagadougou by Presidential Guard Sergeant Momouni Koueba.
    In March 2001, retainers of the King of Po beat to death petty 
theft suspect Jules Nankouly after gendarmes turned over Nankouly to 
the King. The King was an activist in the ruling CDP party and also the 
mayor of Po, a city in Nahouri Province. On July 15, the King was 
arrested, indicted, and jailed at Ouagadougou Main Prison. In August he 
was released on bail. On September 6, the Ministry of Territorial 
Administration ordered him suspended from office; however, there still 
was no action taken against his retainers by year's end.
    There were no developments in the 2000 shooting and killing by 
gendarmes of 12-year-old Flavien Nebie.
    In 2001 the Government filed murder and arson charges against 
former Presidential Guard Marcel Kafando, a key suspect in the 1998 
murder of respected journalist Norbert Zongo and his companions. 
Kafando and two other former Presidential Guards were convicted and 
sentenced to prison in 2000 for killing the chauffeur of President 
Compaore's brother Francois; Norbert Zongo's newspaper had been leading 
investigations into the death of the chauffeur. Two of the convicted 
Presidential Guards died under suspicious circumstances in 2001. 
Kafando remained jailed in poor health, and there were no further 
developments reported in the investigation of the Zongo case by year's 
end.
    A 2001 MBDHP report stated that a grave containing the remains of 
approximately five persons had been found in Wayen, Ganzourgou 
Province. The dates of death, causes of death, and identities of the 
bodies have not been determined; however, the MBDHP alleged that the 
deceased were victims of political violence. There were no further 
developments by year's end.
    The June 2000 killing of Mamadou Kere by self-styled militiamen who 
claimed allegiance to the Naba Tigre was resolved during the year. On 
May 24, 11 perpetrators of the Kere killing were charged with ``not 
helping a person in danger, unlawful arrest and sequestration, and 
fatal blows.'' Five of the defendants received 1 to 3 years' 
imprisonment, and six of them were acquitted.
    Killings by vigilante mobs and self-styled militias remained a 
problem nationwide. The vast majority of such killings targeted 
suspected thieves and other alleged criminals, who typically were 
burned or beaten to death. On several occasions in 2001, vigilantes 
destroyed the property of persons accused of sorcery or witchcraft and 
expelled them from their communities; however, there were no reports of 
such activity during the year.

    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; however, members of the 
security forces continued to abuse persons, and suspects often were 
subject to beatings, rough handling, and threats, frequently to extract 
confessions. There were credible reports that officials at the 
Ouagadougou House of Arrest and Correction (MACO) prison continued to 
employ degrading treatment subjecting prisoners to overcrowding, 
unsanitary conditions, and inadequate food. The Government was not 
known to have taken any disciplinary action against those responsible 
for abuses, and the climate of impunity created by the Government's 
failure to prosecute abusers remained the largest obstacle to ending 
abuses.
    Security forces commonly beat suspected criminals.
    In October and November, gendarmes forcibly dispersed student 
protests in and around the University of Ouagadougou (see Section 
2.b.).
    Citizens of the town of Kaya alleged that on December 18, soldiers 
from a nearby military barracks raided the police station of the city 
and beat up police officers as well as a number of civilians, including 
women, children, and old men. The MBDHP reported that the soldiers were 
protesting police treatment of one of their military colleagues, who 
was stopped in civilian dress by police earlier in the week and beaten 
after refusing to show his identification card. A citizens' group was 
formed to protest the treatment of civilians, and an investigation was 
ongoing at year's end.
    There was no action taken against the responsible members of the 
security forces who arrested, stripped naked, and shaved the heads of 
numerous elderly male residents of Bobo-Dioulasso in February 2001; 
beat, illegally detained, and humiliated dozens of local residents 
including women, the elderly, and children in the city of Mani, Gnagna 
Province in April 2001; or beat a suspected thief in Mouhoun Province, 
in the western part of the country also in April.
    There was no known action taken against the members of the security 
forces responsible for beating or otherwise abusing the persons in the 
following cases in 2000: The April case in which police used tear gas 
to disperse a march; the April cases in which police shaved the heads 
of several demonstrators; the August case in which police used tear gas 
to disperse a refugee demonstration; the November beating of 
approximately 15 students; and the December case in which police used 
tear gas to disperse a student demonstration.
    Progovernment vigilantes in several locations have used violence 
and threats of violence against persons and properties to harass and 
intimidate opponents; however, unlike in the previous year, there we no 
confirmed reports of such activity.
    There was no action taken, nor was any likely to be, against 
progovernment vigilantes who detained, tied up, and threatened human 
rights activists, cut with a machete an activist who tried to negotiate 
their release, and forced a high school teacher and student to flee 
Fada N'Gourma in December 2000.
    Prison conditions were harsh, overcrowded, and could be life 
threatening. The federal prison in Bobo-Dioulasso, built in 1947, 
housed approximately 1,000 prisoners, although it was designed to hold 
less than half that number. The prison diet was poor, and inmates often 
relied on supplemental food from relatives. There were separate 
facilities for men, women, children, and high-profile persons; however, 
these facilities typically were crowded, common rooms rather than 
individual cells. Pretrial detainees usually were not held separately 
from convicted prisoners.
    According to human rights monitors, prison visits were granted at 
the discretion of prison authorities. Permission generally was granted 
routinely, and advance permission was not required. Prison monitors 
visited prisons during the year.

    d. Arbitrary Arrest, Detention, or Exile.--The Constitution 
provides for the right to expeditious arraignment and access to legal 
counsel; however arbitrary arrest and detention were problems, and 
authorities did not ensure due process. The law limits detention for 
investigative purposes without charge to a maximum of 72 hours, 
renewable for a single 48-hour period; however, in practice police 
rarely observed these provisions. The average time of detention without 
charge was 1 week, and the law allows judges to impose an unlimited 
number of 6-month preventive detention periods. It was not unusual for 
defendants without access to legal counsel to be detained for weeks or 
months before appearing before a magistrate. In some cases, prisoners 
were held without charge or trial for a longer period than the maximum 
sentence that they would have received if convicted of the alleged 
offense. There was a pretrial release system; however, it was unknown 
how often it was used.
    Gendarmes arrested journalists during the year (see Section 2.a.). 
Gendarmes also arrested several student activists following protests in 
and around the University of Ouagadougou; the students were held for 
several days without being charged (see Section 2.b.).
    The law prohibits forced exile, and the Government did not use it.

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary; however, in practice the judiciary was subject 
to executive influence. The President has extensive appointment and 
other judicial powers. The Constitution stipulates that the Head of 
State also was the President of the Superior Council of the 
Magistrature, which can nominate and remove high-ranked magistrates and 
can examine the performance of individual magistrates.
    The Zongo killing (see Section 1.a.) and its aftermath focused 
attention on the systemic weaknesses in the justice system, including 
removability of judges, outdated legal codes, an insufficient number of 
courts, a lack of financial and human resources, and excessive legal 
costs.
    The 2000 amended Constitution replaced the Supreme Court with four 
higher courts: The Supreme Court of Appeal, the Council of State, the 
Audit Court and Office, and the Constitutional Council. All of the 
higher courts were operational by year's end. Beneath these higher 
courts were 2 Courts of Appeal and 10 provincial courts. There also was 
a High Court of Justice, with jurisdiction to try the president and 
senior government officials for treason and other serious crimes. The 
ostensibly independent military court system, which tried only military 
cases, was subject to executive influence. In June 2001, the Supreme 
Court ruled that civil courts lacked jurisdiction in a wrongful death 
case brought by the widow of murdered former Chief Executive Captain 
Thomas Sankara. The Court ruled that jurisdiction was vested in the 
military court system. No further action was taken by year's end.
    In addition to the formal judiciary, customary or traditional 
courts presided over by village chiefs, handled many neighborhood and 
village problems, such as divorce and inheritance disputes. Citizens 
generally respected these decisions, but they also may take a case to a 
formal court.
    The Constitution provides for the right to public trial, access to 
counsel, a presumption of innocence, and has provisions for bail and 
appeal. While these rights generally were respected, the ability of 
citizens to obtain a fair trial remained restricted by their ignorance 
of the law and by a continuing shortage of magistrates.
    There were no reports of political prisoners.

    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The Constitution prohibits such actions, and the 
Government generally respected these prohibitions in practice. However, 
in national security cases a law permits surveillance, searches, and 
monitoring of telephones and private correspondence without a warrant. 
By law and under normal circumstances, homes may be searched only with 
the authority of a warrant issued by the Attorney General.

Section 2. Respect for Civil Liberties, Including:

    a. Freedom of Speech and Press.--The Constitution and the law 
provide for freedom of speech and of the press; however, the Government 
at times restricted these rights and intimidated journalists into 
practicing self-censorship. The President and his government remained 
sensitive to criticism. Journalists charged with libel may defend 
themselves in court by presenting evidence in support of their 
allegations. The independent press, particularly the written press, 
continued to exercise greater freedom of expression. However, the 
suspicious death in 1998 of internationally respected journalist and 
newspaper editor Norbert Zongo, who was well known for his 
investigative reports on government scandals, raised serious questions 
on the limits to the exercise of this freedom (see Section 1.a.).
    All media were under the administrative and technical supervision 
of the Ministry of Communication and Culture. The audiovisual media 
were regulated further by the Superior Council of Information (CSI).
    The official media, including the daily newspaper Sidwaya, and the 
national radio and television, displayed progovernment bias. The 
independent press included five daily and approximately a dozen weekly 
newspapers; some newspapers appeared only occasionally. There were 
numerous independent radio stations and a religious television station. 
The Government licensed several private radio stations during the year. 
These media outlets included stations that were critical of the 
Government. Voice of America, Radio France International, Africa Number 
1, and the British Broadcasting Corporation broadcast without 
government interference.
    Despite self-censorship, independent newspapers and radio stations 
often criticized the Government, reporting allegations of corruption 
and mismanagement by authorities and accusing the Government of human 
rights violations. The independent media also reported the opposition's 
and human rights associations' criticism of the Government's failure to 
investigate and prosecute human rights violations.
    On August 7, gendarmes arrested, detained, and interrogated for 2 
days Christophe Koffi, an Ivorian citizen and correspondent of both 
Agence France Presse and Reporters without Borders (RSF). He was 
suspected of spying for Ivorian authorities who were suspected to be 
behind the killing of Balla Keita (see Section 1.a.). Police released 
Koffi after questioning; there were no further developments by year's 
end.
    On August 8, gendarmes arrested and interrogated for several hours 
Newton Ahmed Barry, editor of the monthly independent paper 
L'Evenement. He was accused of providing information to the Ivorian 
press in connection with the killing of Balla Keita (see Section 1.a.) 
and spying for a foreign power. Police released Barry after 
questioning; there were no further developments by year's end.
    There were regulations for private and independent radio and 
television. The regulations allowed reinstatement of call-in shows, 
which were suspended in 1997. However, radio stations were held 
responsible if their call-in programs threatened the public order or 
the rights of any third party.
    During the May 5 legislative elections, the CSI fulfilled its 
responsibility under the electoral code to ensure equal media treatment 
of the candidates prior to the elections. Despite some minor criticisms 
from the opposition, the general belief was that press reporting on 
candidates' campaigns was more balanced than the previous legislative 
elections.
    The Government did not restrict access to the Internet.
    The Government usually respected academic freedom. In previous 
years, the Government generally tolerated peaceful student strikes to 
protest government education policy or demand better school conditions; 
however, on a number of occasions, security forces used the threat of 
violence to disrupt meetings of striking students, and student leaders 
and protesters have been arrested, detained, and abused (see Section 
2.b.).

    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of assembly; however, at times the Government 
restricted this right in practice. Demonstrations generally were 
tolerated following the recission in March 2001 of a 2000 decree that 
banned all public demonstrations or gatherings except for weddings, 
funerals, or religious ceremonies.
    After the March 2001 rescission, political parties and labor unions 
were allowed to hold meetings and rallies without requesting government 
permission. However, the law also requires that authorities be notified 
in advance of planned demonstrations and allows the authorities to 
invoke the need to preserve public order to forbid demonstrations. 
Penalties for violation of the advanced notification requirement 
include 2 to 5 years' imprisonment. Permits must be obtained from 
municipal authorities for political marches. Applicants must indicate 
the date, time, duration, and itinerary of the march or rally, and 
authorities may alter or deny requests on grounds of public safety. 
Denials or modifications may be appealed before the courts.
    Police forcibly dispersed a student demonstration on the campus of 
the University of Ouagadougou in October; students were protesting a 
doubling of registration fees. On November 21, police raided a meeting 
of a student union that had previously organized protests against the 
fee increase, forcing the student activists out of the classroom where 
the meeting was being held. Once out in the streets, some of the 
protesters damaged cars and burned one government vehicle. On November 
21, six student leaders were arrested after the protests and were held 
in Ouagadougou's main prison without formal charges for 10 days. On 
December 17, the students were put on trial for vehicle destruction, 
assault of a police officer, and illegal assembly. The alleged 
ringleader, the president of one of the student unions, received a 
sentence of 1 month in jail and a fine of approximately $23,000 
(15,600,000 CFA). Two other students also received a month's sentence 
and lighter fines; the other three students were released for lack of 
evidence. Lawyers for the sentenced students said they intended to 
appeal. The University continued to experience student unrest 
throughout December. On December 3 and 4, secondary school students in 
Ouagadougou and Bobo Dioulasso also called a strike. Security forces in 
Bobo Dioulasso used tear gas to disperse forcibly the students; 
however, there were no reported deaths or injuries.
    No action was taken against members of the security force who used 
excessive force to disperse the 2001 demonstration by those who opposed 
the inauguration of the mayor of Bobo-Dioulasso, the country's second 
largest city.
    No action was taken against members of the security forces who used 
excessive force to disperse demonstrations on the following months in 
2000: April; August; and December.
    The Constitution provides for freedom of association, and the 
Government generally respected this right in practice. Political 
parties and labor unions usually were permitted to organize without 
seeking government permission.

    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government generally respected this right in 
practice.
    The Government required that religious groups register with the 
Ministry of Territorial Administration. Registration established a 
group's legal presence in the country but entailed no specific controls 
or benefits. Religious groups only were taxed if they carried on 
lucrative activities, such as farming. There were no penalties for 
failure to register. All groups were given equal access to licenses, 
and the Government approved registrations in a routine fashion.
    For a more detailed discussion see the 2002 International Religious 
Freedom Report.

    d. Freedom of Movement Within the Country, Foreign Travel, 
Emigration, and Repatriation.--The Constitution provides for these 
rights, and the Government generally respected them in practice. 
Gendarmes routinely stopped travelers for identity and customs checks 
and the levying of road taxes at police and military checkpoints. There 
were no restrictions on foreign travel; however, in 2000 some foreign 
journalists were not permitted to enter the country.
    Following the Government's ban on demonstrations in 2000 (see 
Section 2.b.), progovernment vigilantes intimidated human rights 
activists and forced some to flee from cities such as Koudougou. 
Activists in Bobo-Dioulasso, Kaya, and Fada N'Gourma also complained of 
similar harassment in 2001. However, unlike in previous years, there 
were no reports that progovernment vigilantes harassed human rights 
activists.
    The law provides for the granting of asylum and refugee status in 
accordance with the provisions of the 1951 U.N. Convention Relating to 
the Status of Refugees and its 1967 Protocol. Refugees were accepted 
freely. The Government provided first asylum. The Government cooperated 
with the office of the U.N. High Commissioner for Refugees (UNHCR) and 
other humanitarian organizations in assisting refugees. Approximately 
450 persons with refugee status and an estimated 300 persons who had 
requested refugee status reside in the country. Most were nationals of 
Rwanda, Burundi, the Democratic Republic of the Congo, and the Republic 
of the Congo; others were from Chad, Liberia, and Sierra Leone. Almost 
all the refugees and applicants live in Ouagadougou.
    During the year, the UNHCR continued its efforts to respond to the 
needs of the refugees, notably during visits in the spring and in fall. 
The refugees continued to receive some assistance for school and 
medical fees; however, their monthly financial assistance from the 
UNHCR was terminated during the year. Some of the refugees asked the 
UNHCR to send them to third countries; these requests were being 
evaluated at year's end.
    There was a surge in voluntary repatriation of Burkinabe nationals 
from Cote d'Ivoire late in the year, as a result of the ongoing crisis 
in Cote d'Ivoire. Burkinabe returnees reported harassment from Ivoirian 
police officials, usually in the form of demands for money but also in 
the form of physical abuse.
    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 through multiparty elections; however, in 
practice citizens were unable to exercise this right fully due to the 
continued dominance of the President and his ruling party. In the 1998 
presidential election, President Compaore won 88 percent of the vote; 
56 percent of the eligible voters went to the polls. The irregularities 
cited by observers in the actual voting process were limited in number 
and scope and did not appear to affect the ultimate outcome of the 
election. However, the national observers identified a number of 
systemic weaknesses in the electoral code that precluded a totally 
regular and transparent vote, and a coalition representing a number of 
opposition parties boycotted the election. Nevertheless, neither of the 
two candidates opposing President Compaore contested the results.
    The Compaore government included a strong presidency, a Prime 
Minister, a cabinet presided over by the President, a one-chamber 
(formerly two-chamber) National Assembly, and the judiciary. The 
legislature was independent, but it remained susceptible to influence 
from the executive branch.
    In 1999 President Compaore instructed the Prime Minister to 
reshuffle and broaden the Government. The new cabinet included four 
members from small opposition parties; however, the major opposition 
bloc, the Group of 14 February (G-14), refused to participate. In 1999 
the Council of Ministers passed decrees creating a Commission for 
Political Party Consultations, a Commission of National Reconciliation, 
and a Commission on Political Reforms.
    Pursuant to the Commissions' recommendation in 1999, Article 37 of 
the Constitution was amended in April 2001 to provide that the 
presidential term of office be 5 years, renewable once, starting in 
2005. The provision was not retroactive, and the National Assembly has 
determined that this provision will not be applied retroactively to 
President Compaore. Previously the Constitution allowed the President 
to run for an unlimited number of terms.
    In 2000 the Government promulgated a new electoral code that gave 
more independence to the Government-funded Independent National 
Electoral Commission (CENI). Under the revised code, the CENI has full 
responsibility for managing its budget and was the only organization 
responsible for monitoring elections and referendums. However, during 
the 2000 municipal elections, the CENI was criticized for deferring to 
the Government on important questions such as postponing the elections 
and candidate eligibility. In 2001 a new CENI, composed of 15 members, 
was sworn in. Five representatives of opposition parties, including the 
G-14 coalition, agreed to serve on the CENI in addition to five 
representatives of progovernment parties (including the CDP) and five 
representatives of civil society.
    On May 5, the Government held parliamentary elections. For the 
first time in the country's history, multiple (13) political parties, 
including the opposition, participated in the elections. The ruling CDP 
won 57 out of the 111 parliamentary seats. The opposition parties 
unified to compete in the elections and won 54 seats. Domestic 
observers characterized the elections as generally free and fair.
    Following the May 5 legislative elections, the Government was 
reorganized, and the November 2000 protocol, which ceded one-third of 
cabinet posts to the opposition and which the Prime Minister and 
opposition had signed, was voided. Of the 30 cabinet members, there 
were six ministers from parties other than the ruling CDP.
    There were no restrictions in law or practice on the participation 
of women or minority group members in politics. There were 12 women in 
the 111-seat National Assembly, and there were 3 female ministers in 
the 30-member Cabinet. The President of the Social and Economic Council 
was a woman. In part because of the important role that women played in 
reelecting President Compaore in 1998, the CDP increased the number of 
women on its National Executive Council from two to six in 1999.

Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A number of human rights groups, including the MBDHP, the 
Association of Christians for the Group for Study and Research on 
Democracy and Economic and Social Development in Burkina Faso (GERDES), 
and Abolition of Torture (ACAT), generally operated without government 
restriction; however, government-paid informers reportedly infiltrated 
groups that were critical of the Government.
    Following the Government's 2000 ban on demonstrations, 
progovernment vigilantes intimidated human rights activists and forced 
some to flee from cities such as Koudougou (see Section 2.d.). Unlike 
in the previous year, there were no reports that progovernment 
vigilantes intimidated human rights activists and forced some to flee 
from cities.
    The Government permitted international human rights groups to visit 
and operate in the country. The MBDHP was affiliated with the Inter-
African Human Rights Union (UIDH).
    The Government failed to honor repeated requests for information 
from the OAU about alleged human rights abuses that occurred between 
1983 and 1997. In 2001 the OAU's Human Rights Commission issued a 
report that criticized the Government for failing to investigate human 
rights violations that occurred between 1983 and 1997, criticized the 
Government for not responding adequately to the OAU's requests for 
information, and called on the Government to prosecute the perpetrators 
of these offenses and to compensate the victims. The Government had not 
responded by year's end.
    In 2001 the Government, at the initiative of the Junior Minister 
for Human Rights, established a National Commission on Human Rights to 
serve as a permanent framework for dialog on human rights concerns. 
Commission members included representatives of human rights NGOs, union 
representatives, government officials, and representatives from 
professional associations. In December 2001, the commission adopted a 
plan of action to promote human rights; however, it took no specific 
action by year's end.

Section 5. Discrimination Based on Race, Sex, Disability, Language, or 
        Social Status
    The Constitution prohibits discrimination on the basis of race or 
ethnic origin. Minority ethnic groups, like the majority Mossi, were 
represented in the inner circles of the Government, and government 
decisions did not favor one group over another.

    Women.--Domestic violence against women, especially wife beating, 
occurred frequently. Cases of wife beating usually were handled through 
customary law and practice. There were no statistics on rape, although 
it was recognized as a crime. Spousal rape was not discussed. There 
were organizations that counselled rape victims, including Catholic and 
Protestant missions, the Association of Women Jurists in Burkina, the 
Burkinabe Movement for Human Rights, the Association of Women, and 
Promofemmes--a regional network that works to combat violence against 
women. The Government has attempted to change attitudes toward women, 
using education through the media. The Penal Code explicitly prohibits 
sexual harassment; however, there are no special laws protecting women 
against violence other than general laws dealing with violence.
    The law prohibits forced marriage, with specific penalties under 
the Penal Code for violators. Polygyny was permitted, but both parties 
must agree to it prior to a marriage, and the woman maintained the 
power to oppose further marriages by her husband if she could provide 
evidence that he abandoned her and her children. Either spouse could 
petition for divorce; custody of children was granted to either parent 
based on the children's best interests.
    FGM was practiced widely, especially in many rural areas, and 
usually was performed at an early age. The percentage of girls and 
women who have undergone this procedure may be as high as 70 percent. 
The Government has made a strong commitment to eradicate FGM through 
educational efforts, and the National Committee for the Fight Against 
Excision campaigns against the practice. FGM is a crime, with strict 
punishments for those involved in its practice. Perpetrators were 
subject to 6-months' to 3-years' imprisonment and a significant fine. 
The Government continued its sensitization campaign regarding the 
deleterious effects of this practice. There were no reports of FGM-
related arrests or prosecutions during the year. Another form of 
mutilation, scarification of the faces of both boys and girls of 
certain ethnic groups, gradually was disappearing.
    There were occasional reports of trafficking in women (see Section 
6.f.).
    Although the law provides equal property rights to women and some 
inheritance benefits depending on other family relationships, in 
practice customary law prohibits women from the right to own property, 
particularly real estate. In rural areas, land belonged to the family 
of the man whom a woman marries even though women represented 45 
percent of the workforce. Women still did much of the subsistence 
farming work. Customary law does not recognize inheritance rights for 
women and regards the woman as property that can be inherited upon her 
husband's death.
    There were no specific constitutional provisions or laws protecting 
women, who faced extensive discrimination. In general women continued 
to occupy a subordinate position and experienced discrimination in such 
areas as education, jobs, property, and family rights. Overall, women 
represented 45 percent of the workforce. In the modern sector women 
make up one-fourth of the Government workforce, although they usually 
were found in lower paying positions. The Ministry of Women's Affairs 
actively promoted women's rights during the year; the Minister was a 
women.

    Children.--The Constitution nominally protects children's rights. 
The Government demonstrated its commitment to improving the condition 
of children by continuing efforts, in cooperation with donors, to 
revitalize primary health care by focusing on care for nursing mothers 
and infants; vaccination campaigns for measles, meningitis, and other 
illnesses; and health education.
    Although the Government dedicated approximately 25 percent of the 
national budget to education and the law provides for free compulsory 
education, the Government lacked the means to provide universal, free 
primary education. If a child qualified on the basis of grades and 
social condition (that is, the family was ``poor''), free education 
could continue through junior high and high school. In practice the 
family condition requirement often was ignored, giving many children a 
free education through high school. Many children, especially girls, 
did not attend school; girls represented only 38 percent of school 
enrollment. The Government has taken steps to promote primary education 
for girls. Girls made up approximately one-third of the total student 
population in the primary school system and were represented in the 
secondary and higher educational systems, although the percentage 
decreased significantly beyond the primary level. Schools in rural 
areas had even lower percentages of female students than schools in 
urban areas, and illiteracy for girls in the rural areas ran as high as 
95 percent. The Government set up a scholarship program for female 
secondary students to encourage them to stay in school. The estimated 
adult literacy rate was 23 percent. The rate of male literacy was 
approximately 30 percent and female literacy was 9 percent.
    FGM was performed commonly on young girls (see Section 5, Women).
    There were reports of trafficking in children (see Section 6.f.).

    Persons with Disabilities.--There was no legislation to protect 
persons with disabilities from discrimination. While there were modest 
government subsidies for workshops for persons with disabilities, there 
was no government mandate or legislation concerning accessibility for 
persons with disabilities. Programs to aid persons with disabilities 
were limited, and their advocates reported that such persons often 
faced social and economical discrimination. Persons with disabilities 
who were willing and able to work frequently found it difficult to find 
employment, including in government service, because of deeply 
entrenched societal attitudes which held that persons with disabilities 
should be under the care of their family and should not enter the 
workforce.

Section 6. Worker Rights

    a. The Right of Association.--The Labor Code was amended several 
times during the past decade. Under the Labor Code, workers, including 
civil servants, enjoyed a legal right of association, which was 
recognized under the Constitution. There were 4 major labor 
confederations and 12 autonomous trade unions linked by a national 
confederate committee. They represented a wide ideological spectrum; 
the largest and most vocal member espoused a socialist doctrine. 
Approximately 85 percent of the workforce was engaged in subsistence 
agriculture. Of the remainder, approximately 50 percent of private 
sector employees and 60 percent of public sector employees were union 
members. Essential workers, such as police, could not join unions.
    The Labor Code prohibits antiunion discrimination. The Labor 
Ministry handled complaints about such discrimination, which the 
plaintiff may appeal to a labor tribunal. If the tribunal sustains the 
appeal, the employer must reinstate the worker. Union officials 
believed that this system functions adequately.
    Labor unions may affiliate freely with international trade unions. 
Both the National Confederation of Burkinabe Workers (CSB) and the 
National Organization of Free Trade Unions (ONSL) were affiliated with 
the International Confederation of Free Trade Unions (ICFTU).

    b. The Right to Organize and Bargain Collectively.--Unions have the 
right to bargain for wages and other benefits, both directly with 
employers and with industry associations. These negotiations were 
governed by minimums on wages and other benefits contained in the 
Inter-professional Collective Convention and the Commercial Sector 
Collective Convention, which were established with government 
participation. If no agreement was reached, employees could exercise 
their right to strike. Either labor or management could refer an 
impasse in negotiations to labor tribunals. Appeals could be pursued 
through the Court of Appeal to the Supreme Court, whose decision was 
binding on both parties. Collective bargaining was extensive in the 
modern wage sector, but it encompassed only a small percentage of 
workers.
    The Constitution provides for the right to strike, and workers used 
strike actions to achieve labor goals. Labor organizations called many 
strikes during the year to advance worker objectives, such as opposing 
the privatization of state-owned enterprises and demanding salary and 
pension increases. The Collective of Mass Organizations and Political 
Parties called strikes to press for justice in the aftermath of the 
1998 Zongo killings. There was no governmental interference in these 
demonstrations and strikes.
    On April 23 and 24, a strike, which was organized by all the major 
trade union federations and autonomous unions, shutdown public 
institutions and private enterprises throughout the country. There also 
were strikes by bus drivers and insurance employees during the year.
    The International Labor Organization (ILO) Committee of Experts has 
expressed concern about the right to strike of public servants, 
particularly the law that allows the authorities to requisition 
striking civil servants and state officials. The ILO has been critical 
of the law for years for defining essential services too broadly and 
opening the door for abuse by the authorities.
    There were no export processing zones.

    c. Prohibition of Forced or Bonded Labor.--The law prohibits forced 
or bonded labor, including by children; however, there were reports of 
household employment of children outside their own families without any 
status or formal remuneration as well as the procurement and 
exploitation of young immigrant girls (see Section 6.f.). In 
cooperation with donors, the Government has undertaken many 
sensitization programs to inform children and parents of the dangers of 
sending children away from home to work.

    d. Status of Child Labor Practices and Minimum Age for 
Employment.--The Labor Code sets the minimum age for employment at 14 
years; however, child labor was a problem. In the domestic and 
agricultural sectors, the law permits children under the age of 14 to 
perform limited activities for up to 4.5 hours per day; however, many 
children under the age of 14 years worked longer hours. According to a 
pamphlet published by the Ministry of Labor in 2000, more than 50 
percent of children worked, largely as domestic servants or in the 
agricultural or mining sectors. Children commonly worked with their 
parents in rural areas or in family-owned small businesses in villages 
and cities. Most children actually began working at an earlier age on 
small, family subsistence farms, in the traditional apprenticeship 
system, and in the informal sector. According to a recent study by the 
ILO, 70 percent of child workers were in the informal sector. There 
were no reports of children under the age of 14 employed in either 
state or large private companies.
    The Ministry of Employment, Labor, and Social Security, which 
oversees labor standards, lacked the means to enforce this provision 
adequately, even in the small business sector. In cooperation with 
UNICEF, the ILO, and local NGOs in 1997, the Government developed a 
national plan of action on child labor. During the year, the Government 
worked to update this plan of action; the updated plan was pending the 
National Assembly's approval at year's end. The International Program 
to Eliminate Child Labor (IPEC) has been working with the Government 
since 1999 to fund child labor projects. The Government also has 
organized workshops and produced films and a television series on the 
problem of child labor.

    e. Acceptable Conditions of Work.--The Labor Code mandates a 
minimum monthly wage, which was approximately $40 (28,811 CFA francs) 
in the formal sector; it did not apply to subsistence agriculture. The 
Government last set a minimum wage in 1996; it did not provide a decent 
standard of living for an urban worker and family. Wage earners usually 
supplemented their income through reliance on the extended family, 
subsistence agriculture, or trading in the informal sector. The Labor 
Code also mandates a standard workweek of 40 hours with at least one 
24-hour rest period for nondomestic workers and a 60-hour workweek for 
household workers, and establishes safety and health provisions.
    A system of government inspections under the Ministry of 
Employment, Labor, and Social Security and the labor tribunals was 
responsible for overseeing occupational health and safety standards in 
the small industrial and commercial sectors, but these standards did 
not apply in the subsistence agricultural sector. The Government paid 
social security benefits on a sliding scale according to an employee's 
length of service and pay, up to a ceiling of $308 (approximately 
221,000 CFA francs) per month, and payments were timely. However, the 
Government's Labor Inspector Corps did not have sufficient resources to 
fulfill its duties adequately. Every company was required to have a 
work safety committee. If a workplace was declared unsafe by the 
Government's Labor Inspection Office for any reason, workers had the 
right to remove themselves from the dangerous work without jeopardy to 
continued employment. In practice there were indications that this 
right was respected, but such declarations by the Labor Inspection 
Office were relatively rare.
    Foreign workers, both legal and illegal, were protected by the law 
governing working conditions in the formal sector.

    f. Trafficking in Persons.--There was no law that specifically 
criminalizes the act of trafficking; however, a range of other relevant 
laws may be used to prosecute traffickers. The Constitution 
specifically prohibits slavery, inhumane treatment, and mistreatment of 
children and adults, and the Penal Code prohibits kidnaping, violence, 
and mistreatment of children; however, trafficking of children and 
women was a problem.
    In April 2001, for the first time a court tried an accused child 
trafficker, and he was sentenced to 3-months' suspended prison time. 
The Government provided initial shelter to the child victims and helped 
return them to their homes. Some children asserted that they were going 
voluntarily to Cote d'Ivoire in search of work.
    The Ministry of Social Affairs and the Directorate of Labor Health 
and Security, Child Labor, and Trafficking Division of the Ministry of 
Labor implement and enforce child labor laws and regulations. Despite 
good intentions, the Government only has limited resources to combat 
trafficking in women and children.
    The country was a source, transit, and destination country for 
internationally trafficked persons, including children. It was an 
occasional source country for women who traveled to Europe to work as 
domestics but upon their arrival were exploited sexually. The country 
was a transit point for trafficked children, notably from Mali. 
Children from Mali often were trafficked to Cote d'Ivoire. Malian 
children also were trafficked into the country. Destinations for 
trafficked Burkinabe children included Cote d'Ivoire, Ghana, and 
Nigeria.
    In many instances, children voluntarily traveled to Cote d'Ivoire 
to work as agricultural laborers to escape poverty at home; however, in 
other cases, children were lured to plantation work in Cote d'Ivoire by 
false promises of generous remuneration, only to be forced to work 
under very harsh conditions for little or no payment. Some children 
were forced to work long hours without pay, allegedly to repay costs of 
their transport to Cote d'Ivoire and the costs of food and housing on 
the plantation.
    The Government worked with international donors and the ILO to 
address child trafficking. The Government also organized seminars 
against child trafficking for customs officers. During the year, 
similar workshops and seminars were organized for gendarmes and the 
civil society.
    During the year, in coordination with donors, the Government 
started a program to establish watch committees in certain provinces in 
which child trafficking and labor were problems. The watch committees 
included representatives of industries usually implicated in child 
labor (cotton growers, for example), the police, NGOs, and social 
welfare agencies.
    Since August 2001, the Coalition in Burkina Faso for Children's 
Rights (COBUFADE) conducted, in conjunction with IPEC, a sensitizing 
campaign on child labor to develop and strengthen children's rights. 
The campaign targeted at least 30,000 working children in various 
sectors, 3,000 employers, 5,000 business and social leaders, and 250 
associations. In addition, in June IPEC initiated a program of action 
to prevent child trafficking for work purposes on cotton plantations, 
and the program was expected to run from October through September 
2003.
                               __________

                                BURUNDI

    Prior to the inauguration of a transitional government in November 
2001, Burundi was ruled by an authoritarian military regime led by 
self-proclaimed interim President Pierre Buyoya, a former army Major 
who was brought to power in a bloodless coup by the largely ethnic 
Tutsi armed forces in 1996 and who abrogated the Constitution. 
President Buyoya held power in conjunction with a political power 
structure dominated by members of the Tutsi ethnic group. Since 1993 
the civil war has caused thousands of civilian deaths and mass internal 
displacement. In July 2001, President Buyoya and the regional leaders 
signed an agreement to begin the 3-year transition period agreed to in 
peace negotiations on November 1, 2001. The two major armed rebel 
groups declined to join the peace process. A Transition Constitution 
was adopted in October 2001, and on November 1, 2001, Buyoya was sworn 
in as president; Domitien Ndayizeye, the secretary general of the 
predominantly ethnic Hutu opposition party FRODEBU, was sworn in as 
vice president. Under the agreement, Buyoya will serve as transition 
president for 18 months and then be succeeded by Ndayizeye, who will 
serve 18 months as transition president. Continued efforts to negotiate 
a cease-fire with the two largest rebel groups were unsuccessful. 
Political parties operated under significant restraints. The judiciary 
was controlled by the ethnic Tutsi minority and was not impartial or 
efficient.
    The security forces were controlled by the Tutsi minority and 
consisted of the army and the gendarmerie under the Ministry of 
Defense, the judicial police under the Ministry of Justice, and the 
intelligence service under the presidency. The Government created the 
Guardians of the Peace, armed paramilitary civil defense units, to 
serve in Bujumbura, the suburbs of Bujumbura, and Bujumbura Rural, 
Ruyigi, Rutana, and Bururi Provinces. The civilian authorities did not 
maintain effective control of the security forces. Members of the 
security forces continued to commit numerous serious human rights 
abuses.
    The country, which has a population of 6.4 million, was poor, and 
approximately 90 percent of the population was dependent on subsistence 
agriculture. Many internally displaced persons (IDPs) were unable to 
grow food and depended largely on international humanitarian 
assistance. The civil war has caused severe economic disruption, 
especially to the small modern sector of the economy, which was based 
mainly on the export of coffee, tea, and cotton. The country's GDP 
dropped from $4.1 billion in 1998 to $662.4 million in 2001, and wages 
have not kept pace with inflation. The Government continued its plans 
to privatize publicly-owned enterprises, but made little progress 
during the year.
    The Government's human rights record remained poor, and it 
continued to commit numerous serious abuses. Citizens did not have the 
right to change their government. Security forces continued to commit 
numerous arbitrary and unlawful killings with impunity. The armed 
forces killed armed rebels and unarmed civilians, including women, 
children, and the elderly. Rebel attacks on the military often were 
followed by army reprisals against civilians suspected of cooperating 
with the insurgents. Impunity for those who committed serious human 
rights violations, and the continuing lack of accountability for those 
who committed past abuses, remained key factors in the country's 
continuing instability. There were credible reports of disappearances, 
and the security forces continued to torture, beat, rape, and otherwise 
abuse persons. Despite some improvements, prison conditions remained 
very poor in general and sometimes life threatening. Arbitrary arrest 
and detention, and lengthy pretrial detention were problems, and there 
were reports of incommunicado detention. The court system did not 
ensure due process or provide citizens with fair trials. The Government 
infringed on citizens' privacy rights. The Government controlled the 
media and restricted freedom of speech and of the press. It also 
restricted freedom of assembly, association, and movement. Since 1993 
the civil war has caused thousands of civilian deaths and massive 
internal population displacement. The armed forces sometimes limited 
access to certain areas by human rights observers, citing security 
conditions. Violence and discrimination against women continued. The 
Government did not protect the rights of children, and child 
prostitution was a problem. Discrimination against persons with 
disabilities, indigenous Twa (Pygmies), and state discrimination 
against Hutus remained serious problems. Societal discrimination 
between the Hutus and Tutsis continued. Incidents of ethnically 
motivated property destruction and killing occurred throughout the 
country. Soldiers required persons, including children, mostly Hutus, 
to perform forced labor. Child labor, including forced labor, was a 
problem.
    Hutu rebels also continued to commit numerous serious abuses 
against civilians, including killings, rapes, theft, forced labor, and 
the abduction of children to serve as soldiers in the ongoing conflict 
between rebel and government forces.

                        RESPECT FOR HUMAN RIGHTS

Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:

    a. Arbitrary or Unlawful Deprivation of Life.--Security forces 
committed numerous unlawful killings of Hutu and Tutsi civilians 
following fighting with rebels, in reprisal for rebel attacks, and for 
suspected collaboration with rebels. Civilians also were killed during 
fighting between government and rebel forces (see Section 1.g.). There 
were reports of deaths and injuries caused by the explosion of 
landmines laid by both government and rebel forces. Government troops 
rarely were disciplined for killing civilians.
    There were no developments in the July 2001 killings in the Kiriri 
section of Bujumbura Rural Province, where government soldiers killed 
11 civilians in retaliation for the July 9 killing of a soldier who had 
threatened to rape a woman and who had attempted to extort money and 
beer.
    Security forces violently dispersed demonstrations, resulting in 
numerous deaths and injuries (see Section 2.b.).
    The Government's widespread use of torture continued; however, 
unlike in the previous year, there were no reports of deaths as a 
result of torture in custody (see Section 1.c.).
    On July 18, the army arrested and killed one of its soldiers; 
subsequent media photos indicated that the soldier had been tortured, 
according to League Iteka, a local human rights nongovernmental 
organization (NGO). No action had been taken against those responsible 
by year's end.
    Harsh prison conditions contributed to the deaths of prisoners from 
disease and malnutrition.
    The reopening of the investigation into the 1993 assassination of 
President Melchior Ndadaye, which was scheduled to occur in January 
2001, did not take place, and the Government was unlikely to take any 
further action in the case.
    Comprehensive and accurate information about landmines was hard to 
obtain; however, there were credible reports of deaths and injuries 
during the year when landmines laid by government or rebel forces 
exploded (see Section l.g.).
    There were several high-profile killings by unknown actors during 
the year. For example, on January 4, the body of Elvis Makhado, a 
civilian member of the South African Protection Force, was discovered 
in the Kinama suburb of Bujumbura; the motive for the killing was 
believed to be robbery. On September 7, two unidentified gunmen killed 
Samuel Nimubona, leader of World Outreach Initiatives (WOI), which 
funded the private radio station Radio Ivyizigiro, in Bujumbura. There 
were no arrests in connection with the killings by year's end.
    In November 2001, Kassi Manlan, the local representative of the 
World Health Organization (WHO), was killed in an apparent robbery 
attempt. On December 21, Manlan's assistant and four guards were 
arrested and charged with the killing; they remained in custody at 
year's end with no trial date scheduled.
    Rebels killed numerous persons during the year and committed 
serious abuses against the civilian population (see Section 1.g.). 
There were no reports that rebel forces prosecuted or punished members 
of their groups who were responsible for the abuses.
    In May members of the opposition party FRODEBU, which was mostly 
ethnic Hutu, attempted to kill Agathon Rwasa, the leader of the rebel 
National Liberation Forces (FNL); two FNL bodyguards were killed during 
the attempt. There were unconfirmed reports that FNL spokesman 
``Anicet'' subsequently was accused of complicity in the attack and 
starved to death on Rwasa's orders.
    Media and NGO reports indicated that more than 200,000 persons, 
mostly civilians, have been killed in ethnic violence since October 
1993. One international NGO estimated the number to be between 100,000 
and 120,000. No credible countrywide casualty figures were available. 
The Government and security forces frequently prevented journalists and 
human rights observers from going to areas where casualties occurred, 
making it difficult to gather information about the perpetrators or the 
victims. Much of the unlawful killing and property destruction during 
the year was concentrated in the province around the capital and in the 
southern and eastern provinces of Bururi, Makamba, Rutana, and Ruyigi, 
as well as in the central and western Provinces of Muramvya, Mwaro, and 
Cibitoke.
    On June 14, in Cibitoke Province, FNL rebels reportedly killed 13 
civilians in a roadside ambush.
    There were reports of mob violence and lynchings. For example, on 
May 9, in Kunama, Bubanza Province, residents reportedly lynched two 
people accused of practicing witchcraft and sorcery. On May 19, 
residents of Muramba, Bubanza Province, reportedly bludgeoned to death 
two bandits they accused of being affiliated with FNL rebels.
    There were a number of urban bombings during the year. For example, 
on April 10, in the village of Murama, Muyinga Province, a grenade 
explosion reportedly killed 4 civilians and injured 13 at an outdoor 
cafe. On August 23, a grenade exploded in a crowded market in Bujumbura 
and killed 3 persons and injured 20 others. No group claimed 
responsibility for either incident, and no arrests were made by year's 
end.
    In 2001 the Chief Prosecutor stated that the Government would 
create special ad hoc committees to investigate several urban bombing 
incidents in 2000 and 2001; however, no action had been taken by year's 
end, and no suspects had been identified.

    b. Disappearance.--Human rights groups reported that abductions and 
disappearances occurred during the year. Rebels were responsible for 
many of the disappearances; rebels kidnaped and raped women.
    On January 18, Rwandan-backed rebels from the Congolese Rally for 
Democracy based in Goma (RCD/G) and agents of the Rwandan government 
reportedly deported members of the Banyamulenge refugee community. The 
Banyamulenge claimed the deportations were in retaliation for their 
support of dissident former RCD/G Commander Patrick Masunzu; the 
Government claimed the deportations were a result of Banyamulenge 
involvement in arms trafficking. According to the UNHCR, the 
Banyamulenge were deported safely from the country.
    On May 18, rebels from the the Forces for the Defense of Democracy 
(FDD) killed two gendarmes and kidnaped Evariste Nduryibua, the 
Catholic Bishop of Ruyigi, near the Kiriba forest; the Bishop was 
released unharmed on May 23.
    On May 27, in the town of Buhonga, Bujumbura Rural Province, two 
persons disappeared during an ambush perpetrated by rebels of unknown 
affiliation, according to League Iteka. No action had been taken 
against the responsible rebels by year's end, and the whereabouts of 
the victims remained unknown.
    On August 29, in Makamba Province, armed intruders kidnaped a 
university student from his parents' house. The victim was later 
released after a ransom was paid. No action had been taken against the 
responsible kidnapers by year's end.
    In November Human Rights Watch (HRW) interviewed a child soldier 
who had been kidnaped in November 2001 when he was 11 years old by FDD; 
he claimed to have been forced to work as a porter and to perform other 
general tasks for the FDD. The youth, who said he had tried to escape 4 
times and repeatedly was beaten, reported that numerous other child 
soldiers between 14 and 16 years of age had been kidnaped and were 
working with the FDD.
    There were no further developments in the August 2001 case in which 
rebels abducted four persons in Rumonge commune. Two of the four 
remained missing at year's end, and no action had been taken against 
the responsible rebels.
    In November 2001, FDD rebels kidnaped approximately 250 Musema high 
school students; the remaining captive students were released in 
January.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Transition Constitution prohibits such practices; 
however, members of the security forces continued to torture and 
otherwise abuse persons. Persons died from torture during the year (see 
Section 1.a.).
    On March 1, League Iteka released its annual report, which charged 
that torture remained widespread in the country. In June Human Rights 
Minister Alphonse Barabcirca reportedly said that torture remained a 
daily occurrence for citizens of the country.
    In September Amnesty International (AI) released a report 
indicating that the torture of children in prisons was widespread. 
Based upon interviews that were conducted in March, the report detailed 
beatings using electric flexes, sticks and other weapons, beatings on 
the soles of feet and joints, and being tied in excruciating positions 
for long periods of time. The report noted that the children 
interviewed displayed scars consistent with their stories and that the 
practice of incarcerating children with adults exposed the children to 
sexual abuse while in detention.
    In October 2001, the Burundian Association for the Defense of the 
Rights of Prisoners (ABDP), a local NGO, conducted a survey on the use 
of torture in Mpimba prison in Bujumbura and in the provincial prisons 
and detention centers in Rumonge, Gitega, Rutana, Muramvya, Ruyigi, 
Bubanza, Bururi, and Ngozi Provinces. The ABDP estimated that prison 
officials and security forces had tortured up to 45 percent of the 
prison population.
    On June 4, in the town of Buhiga, Karuzi Province, soldiers 
tortured two persons, according to League Iteka. No action had been 
taken against those responsible by year's end.
    No action reportedly was taken in the March 2001 case in which 
police in Gitega tortured Methode Nkurunziza, who later died; and in 
the May 2001 case in which a district administrator and three merchants 
in Bweru commune, Ruyigi Province, beat to death Emmanuel Ntikarahera.
    Security forces beat at least one journalist during the year (see 
Section 2.a.).
    Unlike in the previous year, there were no specific reports that 
members of the security forces raped women.
    No action had been taken by year's end against the responsible 
parties in the following 2001 rape cases: the rapes by soldiers of 
numerous women following fighting in February and March between 
security forces and rebels; the April rape of an 80-year-old woman in 
Kinama by 3 soldiers and a civilian; and the July rape by soldiers of a 
12-year-old girl.
    Security forces used excessive force to disperse demonstrations, 
resulting in deaths and injuries during the year (see Section 2.b.) No 
action had been taken by year's end against the gendarmes who beat 
representatives of the G-8 Tutsi parties after preventing them from 
holding a press conference in May 2001 in Bujumbura.
    Government troops used excessive force in areas where there were 
civilians and sometimes targeted Tutsi civilians (see Section 1.g.).
    No action was taken against members of the security forces 
responsible in the following 2000 cases: The February beatings by 
police of several demonstrators; the February torturing to death of a 
domestic servant by a police officer; the May torture and decapitation 
of a man in the Kavumu regroupment camp; the November case in which 
government troops injured civilians after forcing them to remove 
foliage near a battleground; the December case in which security forces 
forcibly dispersed a group of students; and the numerous rapes of women 
in regroupment camps by government soldiers.
    Impunity for those who committed serious human rights violations, 
and the continuing lack of accountability for those who committed past 
abuses, remained key factors in the country's continuing instability. 
The security forces did not cooperate with civilian prosecutors or 
magistrates, especially in investigations involving members of the 
security forces.
    Several persons were killed or injured during the year when 
landmines laid by government and rebel forces exploded (see Section 
1.g.).
    Members of the Guardians of the Peace were unpaid and poorly 
trained; some were conscripted. There were credible reports that the 
Guardians of the Peace also recruited children to provide a quasi-
police presence in public places such as markets; some of these 
children reportedly were sent to the front lines. Members of the 
Guardians of the Peace were required to turn in their weapons and 
ammunition at the end of their shifts and to account for any missing 
ammunition; it was unknown if this occurred in practice. There were 
credible reports that members of the Guardians of the Peace beat, 
raped, harassed, extorted money from and in some instances killed 
civilians.
    Rebels killed, beat, and stole from civilians, and kidnaped and 
raped women (see Sections 1.b. and 1.g.).
    On February 14, a 12-member commission released a report to the 
Minister of Justice, which noted severe overcrowding, dangerous 
conditions for both guards and inmates, deficiencies in both food and 
hygiene, and prolonged pretrial detention; however, a UNICEF report 
released in May indicated that progress had been made in terms of 
prison sanitary conditions, food and education programs.
    Prison conditions remained harsh and sometimes life threatening. 
Conditions in prisons run by the Ministry of Justice continued to 
improve, largely due to efforts by the ICRC and a local NGO to improve 
sanitation, hygiene, medical care, food, and water. Prisoners still 
relied on family members to provide an adequate diet, and some 
prisoners died from disease and malnutrition. According to government 
officials, prisoners suffered from digestive illnesses, dysentery, and 
malaria. Severe overcrowding persisted. According to the Government, 
9,013 inmates were held in facilities built to accommodate a maximum of 
3,650 persons during the year. A local NGO estimated that the prison 
population was more than 12,000.
    Women were detained separately from men. There were approximately 
160 children in prisons during the year; juvenile prisoners were held 
with and often treated as adults. Children sometimes were subjected to 
torture or sexual exploitation. Political prisoners often were not held 
separately from convicted prisoners. Pretrial detainees generally were 
held in detention camps; however, some also were incarcerated with 
convicted prisoners.
    International and local human rights monitors were permitted to 
visit most prisons and to speak with inmates; however, they were denied 
access in some cases (see Section 4). The ICRC reached a formal 
agreement in 2001 with the Interior Ministry regarding access to 
prisoners and detained persons, including persons detained for 
``reasons relating to the conflict.'' Similar agreements between the 
ICRC and the Ministries of Justice and Defense already were in place. 
The Ministries cooperated with the ICRC.

    d. Arbitrary Arrest, Detention, or Exile.--The criminal code 
prohibits arbitrary arrest, detention, and exile; however, the code was 
not respected, and security forces arbitrarily arrested and detained 
persons. The law requires arrest warrants, and presiding magistrates 
were authorized to issue arrest warrants. Police and gendarmes could 
make arrests without a warrant but were required to submit a written 
report to a magistrate within 48 hours. The criminal code requires that 
suspects appear in court within 7 days; however, not all aspects of the 
code were respected, particularly the section that requires that 
detainees be charged and appear in court within 7 days of their arrest. 
The U.N. reported some improvement in this area during the year. A 
magistrate could order the release of suspects or confirm charges and 
continue detention, initially for 15 days, then subsequently for 
periods of 30 days, as necessary to prepare the case for trial. The 
police were required to follow the same procedures as magistrates; 
however, the police have detained suspects for extended periods without 
announcing charges, certifying the cases, or forwarding them to the 
Ministry of Justice as required. Human rights organizations and the 
U.N. reported that incommunicado detention existed, although the law 
prohibits it. Bail was permitted in some cases. Limits on the length of 
pretrial detention were not respected.
    The disruption of the political process and the generally poor 
security conditions severely impeded the judicial process. The majority 
of persons arrested on criminal charges since October 1993 remained in 
pretrial custody. The ICRC estimated that 2,000 to 3,000 persons were 
held in pretrial detention in the approximately 60 temporary detention 
camps run by the ICRC. Family members were expected to provide all food 
for detainees, although in some instances family members were not 
notified of the detention of their relatives. There were credible 
reports that some detainees were kept in these camps, which were 
designed for temporary use, for extended periods of time.
    There were numerous instances of arbitrary arrest, including an 
arrest of a journalist and arrests of demonstrators during the year 
(see Sections 2.a. and 2.b.). Police also arrested a union member 
during the year (see Section 6.a.)
    Opposition politicians also were arrested arbitrarily. For example, 
on October 6, the presidential police arrested Charles Mukasi, head of 
the opposition political party UPRONA, in advance of his party's 
national congress; he was released on November 29. On November 2, the 
Government placed under house arrest former President and PARENA party 
leader Jean-Baptiste Bagaza, who on June 29 had returned from self-
imposed exile. Bagaza remained under house arrest at year's end.
    The law does not provide for forced exile, and the Government did 
not use forced exile as a means of political control; however, many 
persons remained in voluntary exile in Belgium, Kenya, Tanzania, the 
Democratic Republic of the Congo (DRC), and elsewhere. Some senior 
authorities kept members of their families outside the country. 
Pancrace Cimpaye, the publisher of the FRODEBU opposition newspaper La 
Lumiere, remained outside the country at year's end. A significant 
number of self-exiled Hutu politicians moved back to Burundi during 
2001; however, 31 reportedly returned only with the understanding that 
South African forces would protect them.

    e. Denial of Fair Public Trial.--The Transition Constitution 
provides for an independent judiciary; however, in practice the 
judiciary was not independent of the executive and was dominated by 
ethnic Tutsis. Many citizens have lost confidence in the system's 
ability to provide even basic protection. Reform of the judicial system 
was a priority of the 2000 peace accord, which has not yet been fully 
implemented. An international human rights organization estimated that 
ethnic Hutus accounted for only 10 percent of the country's lawyers and 
5 percent of High Court judges; in lower courts, 10 percent of the 
judges were Hutu, although Hutus constituted an estimated 85 percent of 
the population. This discrepancy in part was due to unequal access to 
education, and in part to the conflict because a number of Hutu judges 
and lawyers were killed or fled the country. Most citizens assumed that 
the courts promoted the interests of the dominant Tutsi minority; 
members of the Hutu majority believed that the judicial system was 
biased against them. The Chief Prosecutor, who was Hutu, continued to 
lead the Government's effort to recruit Hutu attorneys living abroad to 
return to the country; during the year, 10 of those who returned were 
hired to serve as magistrates.
    The judicial system was divided into civil and criminal courts with 
the Supreme Court at the apex. The armed forces had a separate judicial 
system, and there was a labor court.
    The law provides for an independent military court system, which in 
practice was influenced by the executive and higher ranking military 
forces. Courts of original jurisdiction for lower ranking military 
offenders were called ``War Councils,'' and one existed in each of the 
five military districts. A court martial tribunal of appeals heard 
appeals of war council decisions and also had trial jurisdiction for 
mid-ranked military offenders up to the rank of Colonel. Military 
courts had jurisdiction over military offenders and civilians accused 
of offenses implicating members of the military. Defendants were not 
provided attorneys to assist in their defense, although NGOs have 
provided some defendants with attorneys in cases involving serious 
charges. Trials generally were open to the public; however, they could 
be closed for compelling reasons, such as national security or 
``scandalous accusations against prominent people.''
    In all cases, the Constitutional Court has the ultimate appellate 
authority; however, in practice few cases of lower ranking offenders 
reached this level. Procedures for civilian and military courts were 
similar; however, military courts reached decisions more quickly, and 
trials generally failed to meet internationally accepted standards for 
fair trials.
    Citizens generally did not have regular access to civilian and 
military court proceedings. Defendants in theory were presumed innocent 
and had the right to appeal; however, in practice the structure of the 
court system inappropriately limited the possibility of appeals of 
defendants accused of the most serious crimes, according to legal 
observers. While defendants had a right to counsel and to defend 
themselves, in practice few had legal representation. The civil court 
system functioned, but the lack of a well-trained and adequately funded 
judiciary limited expeditious proceedings.
    The criminal code provides for suspects' rights to a lawyer before 
official charges were filed and during pretrial investigations. 
Authorities sometimes were unable to carry out their investigations or 
transport suspects and witnesses to the appropriate court because of 
lack of resources and poor security conditions. The Government 
postponed fewer trials than in previous years.
    According to the law, persons had the right to appeal to the 
military's court of appeal, then to the Supreme Court, and then to the 
President for clemency; however, this did not occur in practice.
    The traditional Burundian court system, the ``Bashingantahe,'' 
stressed settlement and reconciliation of disputes and was recognized 
officially by the Government. A Bashingantahe opinion often was 
necessary before access was granted to the formal civil court system. 
The Bashingantahe was limited to civil and minor criminal matters and 
had no jurisdiction over serious criminal matters.
    The Government held political prisoners. An international 
organization estimated that up to 2,000 of all convicted inmates were 
being held for political crimes; however, no reliable figures were 
available. Charges against defendants convicted for nonpolitical crimes 
sometimes were politically motivated. In December 2001, a commission of 
international legal experts arrived in the country to examine the 
judicial system and to identify political prisoners. An ad hoc 
committee has been formed but has yet to make any recommendations 
concerning the release of political prisoners.

    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The Transition Constitution provides for the right to 
privacy; however, the authorities did not respect the law requiring 
search warrants. Security forces widely were believed to monitor 
telephones regularly.
    There were numerous reports during the year that the army looted 
and destroyed houses whose occupants were accused of harboring rebels 
(see Section 1.g.).
    During April and May, in Ruyigi Province, the army forced more than 
30,000 civilians from their homes into ``protection camps.'' Soldiers 
reportedly forced people to walk to the camps by firing rifles into the 
air. The army denied NGOs access to the camps to aid those suffering 
from malnutrition and disease. Camp residents, who were denied adequate 
food, sanitation facilities, and water, were allowed to cultivate their 
fields only 2 days a week. Soldiers reportedly stole livestock from the 
local population and cooked it with firewood obtained by chopping up 
desks stolen from a local school.
    A National Assembly committee on human rights launched an 
investigation into the May 2000 arrest of seven residents of the Kavumu 
regroupment camp, one of whom was found decapitated; however, no 
findings were made public by year's end.
    There were numerous reports of rebel forces imposing taxes on the 
civilian populace and confiscating property such as chickens, cattle, 
and other items of value (see Section 1.g.).

    g. Use of Excessive Force and Violations of Humanitarian Law in 
Internal Conflicts.--The ongoing conflict resulted in numerous serious 
abuses against the civilian population by government and rebel forces 
during the year; generally no action was taken against the 
perpetrators. Government forces killed numerous Hutu and Tutsi 
civilians following fighting with rebels, in reprisal for rebel 
attacks, and for suspected collaboration with rebels. Abuses included 
civilian massacres, the looting and burning of houses, armed attacks on 
noncombatants, the conscription of children into the military, the 
displacement of sizable numbers of persons, and the rape of women. 
Security forces prevented international humanitarian aid agencies from 
reaching some areas of the country (see Section 2.d.).
    On August 22, army spokesman Colonel Augustin Nzabampema warned 
that civilians who did not disassociate themselves from rebel forces 
would be considered enemies. On August 26, the Minister of the Interior 
and Public Security issued a statement in support of the warning and 
reiterated that civilians complicit with the rebels would be considered 
rebels themselves.
    In February armed forces in Bubanza Province killed 30 Hutu 
civilians, many of whom were burned to death or killed with bayonets.
    In May 12, in Giharo commune, Rutana Province, members of the army 
and Guardians of the Peace reportedly killed several civilians and 
looted and burned houses. HRW reported that on July 19, in Kiganda 
commune in Muramvya Province, the army killed approximately 30 
civilians.
    During an August 4 shootout with alleged FNL rebels in the town of 
Migera, Bujumbura Province, government soldiers reportedly killed 18 
civilians who had just left a church mass.
    HRW reported that on August 25, in Rutegama commune, Muramvya 
Province, the army killed more than 50 civilians.
    In the largest reported massacre of civilians during the year, on 
September 9, army soldiers reportedly killed more than 500 civilians in 
Itaba commune, Gitega Province. On October 3, the Government arrested 
three army officers, who remained in prison at year's end, in 
connection with the massacre.
    No action reportedly was taken against members of the security 
forces responsible for the following killings in 2001: The February 
killings in Kinama of more than 200 civilians accused of collaboration 
with the rebels; the February killings in Gishubi commune, Gitega 
Province, of more than 50 civilians by government forces; the March 
killings in Kanyosha commune of 2 women following a battle with rebel 
forces; the April killings in Ruburizi section of Bujumbura Rural 
Province of approximately 30 civilians; the June killing of 9 civilians 
in Bujumbura who were mistaken for rebels; the October 25 killings in 
Bubanza Province of at least 6 women and 2 children; the October 
killings in Muzinda, where government forces killed 11 civilians, 
including 2 students; and the November killings in Maramya, Bujumbura 
Rural Province, of 42 civilians.
    The soldier arrested for the April 2000 killing of a local 
Bujumbura government official and four members of the official's family 
allegedly in retaliation for the killing of four soldiers by rebels 
remained in detention pending trial at year's end.
    No action was taken, nor is any likely to be taken, against members 
of the security forces responsible for the following killings in 2000: 
The June killings of 69 persons in Taba commune, Gitega Province; the 
July killings of 53 persons by soldiers in Butaganzwa commune, and the 
August killings of 35 civilians by soldiers in Nyambuye zone, Bujumbura 
Rural Province.
    In many cases, it was unknown whether government or rebel forces 
were responsible for the killings of civilians during the course of 
fighting. For example, on April 6, in the town of Gihanga, Bubanza 
Province, more than 20 civilians were killed during a conflict between 
government and rebel troops. On August 26, in the towns of Muyira and 
Nyambuye, Bujumbura Rural Province, 30 civilians, including 17 women 
and 7 children, were killed. On September 21, in Kabezi commune, 
Bujumbura Rural Province, 1 child was killed and 40 civilians were 
injured during an army attack against FNL rebels.
    Landmines placed by government or rebel troops continued to result 
in civilian deaths and injuries. There were reports that the Government 
continued to lay landmines during the year. According to League Iteka, 
on June 22 in Rusengo, Ruyigi Province, one person was killed and two 
were injured when their bus struck a landmine. In a similar incident on 
July 16, one person was killed and two were injured when their van 
struck a landmine.
    Rebels killed, beat, and stole from civilians, and kinaped and 
raped women (see Section 1.b.).
    Rebel forces killed numerous civilians during the year and 
committed serious abuses against the civilian population. Hutu rebels 
killed Hutu and Tutsi civilians; Hutu rebels sometimes deliberately 
targeted and killed Tutsis. There are no definitive statistics 
available on how many persons were killed by Hutu rebels. The 
Government stated that rebels were responsible for the majority of 
civilian casualties. There were no reports that rebel forces prosecuted 
or punished any members of their groups who were responsible for the 
abuses.
    Rebels also killed a priest, administrative leaders, a journalist, 
and civilians suspected of collaborating with the Government (see 
Sections 1.a. and 2.c.). For example, on May 7, in the town of 
Kazirame, Bujumbura Rural Province, FNL rebels reportedly killed 10 
civilians for allegedly collaborating with the national army. On June 
14, in Cibitoke Province, FNL rebels reportedly killed 13 civilians in 
a roadside ambush. On August 7, rebels attacked the Kabezi commune and 
killed 20 persons. On October 8, in the town of Ruyigi in Ruyigi 
Province, FDD rebels killed 2 administrative leaders; and on October 
10, in the town of Ngeru, they killed another administrative leader. No 
action had been taken against any of the perpetrators by year's end.
    Rebel forces reportedly often killed persons for their refusal to 
pay ``taxes'' to rebels. There were numerous reports during the year 
that Hutu rebels ambushed minibuses carrying persons on national 
highways, and robbed and killed the occupants. U.N. security forces 
reported numerous ambushes during the year; however, no exact figure 
was available.
    In 2001 there also were numerous cases in which rebel forces 
ambushed vehicles.

Section 2. Respect for Civil Liberties, Including:

    a. Freedom of Speech and Press.--The Transition Constitution does 
not impose restrictions on the media; however, the Government 
restricted freedom of speech and of the press. A press law requires 
that newspaper articles undergo review by a government censor 4 days 
before publication. The Government controlled the media and harassed 
and detained journalists. Journalists practiced self-censorship.
    The Government restricted freedom of speech during the year; 
however, unlike in the previous year, there were no reports that 
security forces arrested persons for making false statements.
    Unlike in the previous year, the Government did not interrogate NGO 
employees.
    The Government controlled much of the news, since it owned the only 
regularly published newspaper and the major radio and television 
stations. The Government-owned newspaper Le Renouveau was published 
three times a week. The one opposition newspaper, La Lumiere, ceased 
publication in March 2001 after it published lists of colonels, their 
hometowns, and their ownership shares in parastatal companies; the 
owner received threats from unknown persons and as a result decided to 
cease publishing (see Section 1.d.). Political tracts circulated, and 
two private faxed newsheets, Azania and NetPress, were published almost 
daily and represented mainly Tutsi political viewpoints. In February 
the Government banned Netpress, claiming that it imposed the ban to 
defend professional journalistic standards; other reports charged that 
the Government disagreed with the content of the publication. The ban 
was lifted on February 22.
    On March 16, the Government suspended Azania for 1 month, and 
accused it of plagiarizing stories.
    On July 31, the Government banned the newspaper PanAfrika for 
publishing ``extremist and subversive'' material regarding the 
dismissal of Mathias Hitimana, the former Minister of Energy and Mines.
    The Government and its security forces harassed journalists, 
questioned and detained them, and searched and seized their property. 
On March 7, the Government arrested journalist Aloys Niyoyita, who was 
beaten before being released without charge after 4 hours in custody.
    The Government-owned radio broadcast in the Kirundi language, 
French, and Swahili, and offered limited English programming. The 
independent radio station, Radio Bonesha, formerly Umwizero, continued 
its broadcasts in French, Kirundi, and Swahili, and the independent 
station Radio Public Africa (APR) broadcast in French, Kirundi, and 
Swahili; both stations received funding from international donors. 
Listeners could receive transmissions of the British Broadcasting 
Corporation (BBC), the Voice of America, and Radio France 
Internationale. Citizens were allowed to work as local stringers for 
foreign news organizations and filed reports regularly. Due to 
widespread poverty and limited literacy, radio remained the most 
important medium of public information.
    The Government remained very sensitive to reporting on the 
country's internal conflict, and continued to threaten independent 
radio stations with shutdown if they disseminated reports that 
contradicted the official line.
    On May 15, APR broadcast journalist Alexis Sinduhije was summoned 
to appear before a committee composed of the chief of intelligence and 
the Ministers of Defense, Interior, and Communications. Sinduhije was 
accused of compromising a defense secret by broadcasting a story about 
a national defense operation under preparation. The National 
Communications Council subsequently warned journalists to respect 
defense secrets, broadcast only truthful information, and respect the 
private lives of citizens.
    On May 16, the National Communications Commission issued an order 
prohibiting APR from broadcasting interviews with rebel leaders or 
reporting further on the November 2001 murder of Dr. Manlan, the 
country director for WHO (see Section 1.a.). On June 1, five APR 
journalists were summoned to appear before the Prosecutor General and 
admonished for reporting on Manlan's murder; however, no further action 
was taken against the journalists.
    On July 8, the National Radio and Television station (RTNB) banned 
the airing of a report on the return of former President Bagaza.
    In July the Government threatened the manager of Radio Bonesha 
after it broadcast a story concerning cease-fire talks between the 
Government and rebels. He increased his self-censorship after the 
incident.
    On August 28, APR ceased broadcasting after the Government 
Communication Control and Regulation Agency on August 23 began jamming 
its broadcasts due to unpaid fees; APR resumed broadcasting on 
September 3.
    On August 28, RTNB reported that the National Communications 
Council issued an order prohibiting websites from containing propaganda 
against the Government or information against the cause of peace and 
reconciliation.
    No laws or regulations limit academic freedom, and no action was 
taken against persons at the University of Burundi for what they 
published or said. Staff and students at the university remained 
primarily ethnic Tutsi, and tensions have flared occasionally between 
Hutu and Tutsi students on campus, where politically and ethnically 
motivated killings occurred in 1995 and 1996.
    Authorities used excessive force to disperse student 
demonstrations, resulting in deaths and injuries (see Section 2.b.).
    On August 5, journalist Amissi Bizimana was killed in crossfire 
between government forces and FNL rebels.

    b. Freedom of Peaceful Assembly and Association.--The Transition 
Constitution permits political demonstrations; however, the Government 
restricted freedom of assembly. Government permits were required for 
public meetings and demonstrations, and applications routinely were 
routinely denied to groups that criticized or opposed the Government.
    On March 4, gendarmes reportedly beat a member of the Banyamulenge 
tribe during a protest march outside the offices of the U.N. High 
Commissioner for Refugees (UNHCR).
    On May 2, Diomede Rutamucero, leader of the pro-Tutsi PA-Amasekanya 
party, and six other persons were arrested outside of the National 
Assembly, where they were protesting proposed legislation that would 
give provisional immunity to politicians accused of committing 
genocide. The six demonstrators were released shortly thereafter; 
Rutamucero was held for 5 weeks before being released. On May 16, 
outside the office of the Prosecutor-General, security forces forcibly 
dispersed demonstrators protesting Rutamucero's detention. On September 
1, Rutamucero was rearrested while jogging with four PARENA members, 
who also were arrested. All were fined and released after 4 days in 
custody.
    Unlike in the previous year, there were no arrests of individuals 
for organizing unauthorized demonstrations.
    Security forces used excessive force to disperse demonstrations 
during the year, which resulted in deaths and injuries; no action was 
taken against the responsible parties. For example, on May 23, in 
Bujumbura, Gitega, and Matana, gendarmes opened fire on students 
demonstrating in support of a countrywide teachers union strike; two 
students were killed and several were injured. On April 28, police 
reportedly shot and killed one student during a demonstration of the 
Youth Association for Rebuilding a Destroyed World.
    No action was taken against security forces responsible for the 
violent dispersal of demonstrations in 2001, including the May beating 
of representatives of the G-8 Tutsi parties.
    Unlike in the previous year, the Government did not ban meetings by 
mainly Tutsi groups critical of government policy and the peace 
process.
    The Government restricted freedom of association and arrested 
members of organizations and political parties (see Section 1.d.). 
Private organizations were required to present their articles of 
association to the Ministry of Interior for approval, a process that 
could take years if the Government disliked the organization. The 
Transition Constitution permits political parties to operate; however, 
the Government placed restrictions on groups that criticized its 
policies.
    Following the November 2 house arrest of PARENA party leader 
Bagaza, the Interior Minister on November 7 suspended the PARENA party 
for 6 months.

    c. Freedom of Religion.--The Transition Constitution provides for 
freedom of religion, and the Government generally respected this right 
in practice. There was no state religion; however, the Catholic Church, 
which represented approximately 60 percent of the population, was 
predominant.
    The Government required religious groups to register with the 
Ministry of Internal Affairs, which kept track of their leadership and 
activities. The Government required that religious groups have a 
headquarters in the country.
    On August 5, FDD rebels in Kigihu, Rutana Province, reportedly 
killed parish priest Peter Tondo.
    For a more detailed discussion see the 2002 International Religious 
Freedom Report.

    d. Freedom of Movement Within the Country, Foreign Travel, 
Immigration, and Repatriation.--The Transition Constitution provides 
for these rights; however, the Government restricted them in practice. 
There was a government-imposed curfew in parts of the country; in 
Bujumbura the curfew began at 11 p.m. and ended at 5 a.m.
    During April and May, in Ruyigi Province, the Government forcibly 
regrouped more than 30,000 civilians into camps. Humanitarian groups 
were denied access, and the movement of camp residents was restricted 
(see Section 1.f.).
    The Government cited insecurity in rural areas in denying access to 
some areas of the country to human rights observers (see Section 4).
    The majority of citizens could travel legally in and out of the 
country. Travel within the country was possible but could be hazardous 
in areas of rebel activity, particularly in parts of Bujumbura Rural, 
Bururi, Rutana, Ruyigi, and Makamba Provinces. Rebel attacks on buses 
and minibuses throughout the year resulted in numerous deaths and 
injuries.
    According to UNHCR, more than 387,000 IDPs lived in 212 sites at 
year's end, which represented approximately 5 percent of the total 
population. Many were Tutsis who fled to other parts of the country in 
1993 because of ethnic violence and never returned home. Soldiers 
generally did not restrict the movement of residents of IDP camps and 
provided a measure of protection to camp inhabitants; however, security 
forces prevented access by international humanitarian aid agencies to 
some of the IDPs in remote sections of Bujumbura Rural and Ruyigi 
Provinces. There were no reports of abuses committed against IDPs 
during the year. Camp inhabitants often were required to perform labor 
for the soldiers without compensation (see Section 6.c.).
    Approximately 200,000 IDPs lived outside displacement sites and 
stayed with friends, families, or on their own, beyond the reach of aid 
programs. Some persons who remained outside the sites reportedly were 
killed by the armed forces on suspicion of collaborating with the 
rebels and by Hutu rebels allegedly for collaborating with authorities 
(see Section 1.a.).
    The law does not provide for the granting of asylum or refugee 
status in accordance with the provisions of the 1951 U.N. Convention on 
the Status of Refugees and its 1967 Protocol; however, there was a 
special ad hoc administrative body in the Government that coordinated 
refugees, and the Government cooperated with the UNHCR and other 
humanitarian organizations assisting refugees. The Government has 
granted first asylum in recent years. Approximately 27,000 citizens of 
the DRC lived in the country; 3,800 were registered with the UNHCR. 
Approximately 1,000 Rwandan refugees remained in the country during the 
year.
    According to the U.N., more than 370,000 Burundian refugees, most 
of them Hutus, remained in Tanzania. Estimates of ``old caseload'' 
refugees--many of whom fled as early as 1972 or following the October 
1993 assassination of former president Ndadaye--ranged from 200,000 to 
400,000. Such refugees were not assisted by UNHCR and therefore not 
encamped under UNHCR auspices in the system of camps in Western 
Tanzania. Estimates of the total number of Burundians living in 
Tanzania at year's end ranged from 570,000 to nearly 800,000. More than 
23,000 additional refugees, most of them Hutu, were in Angola, 
Cameroon, the DRC, the Republic of the Congo, Kenya, Malawi, Rwanda, 
and Zambia.
    By year's end, approximately 115,000 Burundian refugees had 
registered to repatriate from Tanzania; UNHCR had facilitated 
approximately 31,100 voluntary repatriations. However, this was offset 
by the arrival of 30,000 new refugees and the birth of 10,000 to 20,000 
children in the camps. During the last 6 months of the year, 
repatriation slowed due to an increase in fighting. Many of the 30,000 
new Burundian refugees had voluntarily repatriated earlier in the year 
to areas that later became unstable again.
    On January 18, members of the Banyamulenge tribe were deported to 
Rwanda.
    There were no other reports of the forced return of persons to a 
country where they feared persecution.

Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    Citizens do not have the right to change their government. The 
Transition Constitution makes no specific provision for elections. The 
1992 Constitution and 1994 Convention of government were suspended by 
the Buyoya military regime that assumed power in July 1996, in a 
bloodless coup. On that date, the regime dissolved the National 
Assembly and banned political parties. Approximately 3 weeks later, 
President Buyoya announced the restoration of the National Assembly and 
political parties with certain restrictions. The opposition party, 
FRODEBU, which was mostly ethnic Hutu, holds just over half of the 
National Assembly seats. On November 1, 2001, President Buyoya was 
sworn in as president for the first 18 months of the 3-year 
transitional period.
    In April 1998, multiparty peace talks began in Arusha, Tanzania, 
and the Government subsequently launched an internal peace process. In 
June 1998, Buyoya's regime and the National Assembly entered into a 
partnership agreement. The National Assembly adopted the Transition 
Constitution and a transition political platform. The Transition 
Constitution changed the structure of government by eliminating the 
post of prime minister, creating one vice president, removing the 
National Assembly Speaker from the line of presidential succession, and 
enlarging the National Assembly. The Transition Constitution placed no 
time limits on the President's or the National Assembly's term of 
office.
    In August 2000, the Buyoya regime and other negotiating parties 
present at the peace talks signed a peace agreement, which was ratified 
by the National Assembly in November 2000. The peace agreement 
instructs the country's next transitional government to hold local, 
national, and presidential elections within a 3-year period, and to 
oversee elections for a newly formed Senate; however, this agreement 
was not implemented fully by year's end. Representation of both Hutus 
and Tutsis in institutions, including the army, the National Assembly, 
and the Senate, was a key component of the agreement.
    In July 2001, President Buyoya and the regional leaders signed an 
agreement to begin the 3-year transition period on November 1, 2001. On 
November 1, 2001, Buyoya was sworn in as President and Domitieh 
Ndayizeye, the secretary general of FRODEBU, was sworn in as vice 
president. Under the agreement, they will each serve for 18 months; the 
G-7 Hutu parties will then select a president, and the G-10 Tutsi 
parties will select a vice president. All future presidents will be 
elected by universal suffrage. The Vice President and 14 of the 26 
cabinet ministers were members of the G-7 Hutu-based political parties. 
The cabinet also included 12 Tutsis. Progovernment ethnic Tutsis served 
as Ministers of Defense and Foreign Affairs.
    The transitional political platform endorsed in general terms the 
restoration of democracy and correction of the ethnic imbalance within 
the army and the judicial system. It called for the creation of an 
international tribunal to try crimes of genocide. Although the peace 
accord also provides for a commission of inquiry on genocide as well as 
a National Truth and Reconciliation Commission to investigate other 
crimes, the agreement was not implemented fully, and no commissions 
were created by year's end.
    Under the 1992 Constitution, deposed President Ntibantunganya would 
have remained in office until 1998. The last elections to fill the 
National Assembly took place in June 1993. The Transition Constitution 
stipulates that the National Assembly shall consist of 121 
parliamentarians: Those elected in 1993 who sat in the previous 
National Assembly, plus 40 new members, 28 members of civil society 
appointed by the President, and 1 representative each (selected by 
their respective parties) from all 12 officially recognized political 
parties not previously represented. Not all of those elected in 1993 
were alive or in the country, and the vacant seats were filled by 
substitutes from the same political party as the original 
parliamentarian. Tutsi supporters of the Government filled 22 of the 40 
new seats.
    The National Assembly has nominal budgetary oversight, but the 
Council of Ministers legally can enact a budget if the National 
Assembly fails to do so. The Transition Constitution gives the 
President the authority to declare a state of emergency by decree after 
consulting with the National Assembly Speaker, the Constitutional 
Court, and the National Security Council, which has not been convened 
since 1996.
    Political parties operated under significant constraints; however, 
unlike in the previous year, the Government did not ban meetings of 
groups critical of government policy and the peace process. Police 
often prevented or disrupted political demonstrations and arrested 
opposition politicians (see Sections 1.d. and 2.b.).
    There were no laws that restricted the participation of women in 
the political process. There were 17 women in the 185-seat National 
Assembly and 10 women in the 53-seat Senate. Of the 26 cabinet seats, 
women filled 4: The Minister of Social Affairs; the Minister of 
Reintegration of Refugees; the Minister of Development, Planning and 
Reconstruction, and the Minister at the Presidency for HIV/AIDS. Two of 
the nine members of the Supreme Court were women, as were three of the 
seven Constitutional Court members, including its president.
    There were no laws that restricted the participation of minorities 
in the political process. Approximately 1 percent of the population was 
Twa (Pygmies), but there were no Twa in the Cabinet. One Twa was an 
appointed member of the National Assembly, and two were members of the 
Senate.

Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    Domestic human rights groups received varying degrees of 
cooperation from government ministries. The local human rights group, 
League Iteka, continued to operate and publish a newsletter. Human 
Rights Watch maintained an office in the country. The U.N. Special 
Rapporteur for Human Rights visited twice during the year. The office 
of the UNHCR maintained a three-person observer team in the country.
    The Government cited insecurity in rural areas in denying access to 
journalists, international relief workers, and human rights observers 
to some areas of the country (see Section 2.d.). Army elements in the 
field frequently denied access to human rights observers to areas where 
the army was accused of human rights violations. Human rights NGOs 
frequently were unable to investigate reports of killings because of 
these restrictions. Many areas of the country, particularly near 
Bujumbura, near the border with the DRC, and near the border with 
Tanzania, remained off limits for normal operations.
    Unlike in the previous year, there were no reports that the army 
interrogated NGO employees.

Section 5. Discrimination Based on Race, Sex, Disability, Language, or 
        Social Status
    The Transition Constitution provides equal status and protection 
for all citizens, without distinction based on sex, origin, ethnicity, 
or opinion; however, the Government failed to implement effectively the 
Transition Constitution's provisions, and discrimination persisted. The 
Tutsi-dominated government and army discriminated against the Hutus. 
Discrimination against persons with disabilities was a problem.

    Women.--Domestic violence against women was pervasive; however, 
inadequate data made it impossible to quantify. Wives had the right to 
charge their husbands with physical abuse, but they rarely did so. 
Police normally did not intervene in domestic disputes, and the media 
rarely reported incidents of violence against women. The law does not 
specifically prohibit domestic violence; however, persons accused of 
domestic violence could be tried under assault provisions of the law. 
No known court cases have dealt with the abuse of women. The Government 
rarely investigated such cases, and prosecutions were rarer still. 
According to League Iteka, women were beaten by their husbands, forced 
out of their homes, denied basic food necessities, and denied freedom 
of movement.
    The law prohibits rape, which is punishable for up to 20 years' 
imprisonment. Rebel forces raped women during the year (see Section 
1.g.).
    Prostitution was a problem. According to the Women's Commission for 
Refugee Women and Children, the ongoing conflict has forced many women 
into prostitution to feed their children. Increased prostitution has 
contributed to the growing incidence of HIV/AIDS.
    Women faced legal and societal discrimination. Discriminatory 
inheritance laws and credit practices continued. By law women must 
receive the same pay as men for the same work, but in practice they did 
not. Women were far less likely to hold mid-level or high-level 
positions. In rural areas, women traditionally performed arduous farm 
work, married and had children at an early age, and had fewer 
opportunities for education than men.
    Several local groups work in support of women's rights, including 
the Collective of Women's Organizations and NGOs of Burundi and Women 
United for Development.

    Children.--The law provides for children's health and welfare, but 
the Government could not satisfy adequately the needs of children and, 
in particular, of the large population of children orphaned by the 
violence since 1993 and by HIV/AIDS. Many of the victims in the civil 
war were children, and many children have lost family members and 
witnessed violence.
    More than a quarter of the primary schools have been destroyed in 
the war, and many teachers have been killed. Teacher training has been 
interrupted, and it was difficult to find qualified teachers to work in 
the provinces most affected by fighting. The Government provided 
elementary education at nominal cost through grade six; however, 
inequitable distribution of educational resources favored those 
children in southern and central areas of the country, according to 
International Alert, an international NGO. Education was not 
compulsory. Approximately one-third of primary school-aged children 
attended school in 1999; less than 9 percent of children aged 13 to 19 
years attended school.
    According to the Women's Commission for Refugee Women and Children, 
school attendance rates for girls were well below school attendance 
rates for boys, and girls comprised only 44 percent of primary school 
students and 30 percent of secondary school students. Female illiteracy 
was a problem. Only 22 percent of women were literate compared to 46 
percent of men. Only 25 percent of university students were women.
    Unlike in the previous year, there were no reports that rebels 
abducted children and teachers during the year; however, on July 8, an 
FDD rebel bombardment of Ruyigi destroyed a school.
    The ongoing conflict and increasing prevalence of HIV/AIDS has 
increased the number of orphans, which has resulted in an increase in 
the number of street children. Child prostitution was a problem (see 
Section 6.f.).
    The minimum age for military service was 18, but observers believed 
that there were some children below that age in the military. Children 
continued to serve in the armed forces, and the U.N. Special 
Representative reported in December that both the Government and rebel 
groups continued to recruit child soldiers. There also were credible 
reports that the Guardians of the Peace recruited children to provide a 
quasi-police presence in public places such as markets; some of these 
children reportedly were sent to the front lines. In 2001 the National 
Assembly voted in favor of the ratification of the Additional Protocol 
Against Child Soldiers. The President has the authority, with the 
approval of the National Assembly, to issue a decree ratifying the 
Protocol and to transmit an instrument of ratification; however, there 
was no information on whether the decree had been issued or whether the 
Government deposited its instrument of ratification of the Protocol.

    Persons with Disabilities.--The Government has not enacted 
legislation or otherwise mandated access to buildings or government 
services for persons with disabilities. Discrimination against persons 
with disabilities was a problem. There were few job opportunities for 
persons with physical disabilities in the country because most jobs 
involved significant manual labor.

    Indigenous People.--The Twa (Pygmies), who were believed to be the 
country's earliest inhabitants, comprised approximately 1 percent of 
the population and generally remained marginalized economically, 
socially, and politically (see Section 3). Most Twa lived in isolation, 
without formal education, and without access to government services 
including health care.

    National/Racial/Ethnic Minorities.--The principal national problems 
continued to be ethnic conflict between the majority Hutus and the 
minority Tutsis and the regional inequities between southern Bururi 
Province and much of the rest of the country. Almost 4 decades of 
violence and systematic societal discrimination have exacerbated the 
genocide and exclusion fears of both Tutsis and Hutus. Tutsis claimed 
to have been the targets of genocide carried out in 1993 by Hutus 
angered by the assassination of democratically-elected Hutu president 
Ndadaye. The Tutsis, particularly southern Tutsis, historically have 
held power, and they dominated educated society and controlled the 
security forces. In 1996 Major Pierre Buyoya, a southern Tutsi, deposed 
President Ntibantunganya, a central Hutu, in a coup.
    State discrimination against Hutus, who constitute an estimated 85 
percent of the population, affected every facet of society, but most 
strikingly in higher education and certain branches of the Government, 
such as the armed services and the judicial system. The President and 
the Tutsi-dominated army retained their dominance in decision-making 
and did not share power equally with Hutu members of the Government. 
Northern and eastern Tutsis also had a more difficult time acceding to 
positions of power.

Section 6. Worker Rights

    a. The Right of Association.--The Labor Code protects the rights of 
workers to form unions; however, the army, gendarmerie, and foreigners 
working in the public sector were prohibited from union participation. 
All employees in the public sector, except those prohibited by law, 
were unionized, and most union workers were urban civil servants. 
Tutsis dominated the formal sector of the economy and the unions. 
According to the Confederation of Free Unions of Burundi (CSB), an 
umbrella trade union, 60 percent of the 80,000 formal private sector 
employees were unionized.
    The CSB was dependent financially on a system of checkoffs, or 
voluntary contributions, as was a rival trade union, COSYBU. The 
Government has interfered in the COSYBU's selection process by refusing 
to recognize union leaders selected by members in union congresses. 
However, unlike in the previous year, the Government recognized Pierre-
Claver Hajayandi as COSYBU President, although it prevented him from 
giving the traditional Labor Day address. On May 1, the Government also 
excluded other labor union representatives from participation in 
official ceremonies because of ongoing wage disputes.
    The Labor Code permits the formation of additional unions or 
confederations outside the CSB. When settling disputes in which more 
than one labor union was represented, the law stipulates that the 
Minister of Labor must choose the union representing the greatest 
number of workers to participate in the negotiations; however, 
according to the national union of secondary school teachers (SNES-
FSU), the Government did not always respect this provision.
    Unlike in the previous year, there were no arrests of individuals 
for organizing unauthorized demonstrations.
    On May 24, police arrested a member of the CONAPES labor union 
during a demonstration; no further information was available.
    The International Labor Organization (ILO) has cited the Government 
for several violations of ILO Convention 87 on freedom of association. 
The Committee of Experts expressed specific concern about the denial of 
trade union rights for public servants and juveniles; the election of 
trade union leaders; and the rights of unions to organize, administer 
activities, and defend the interests of their members.
    The Labor Code prohibits employers from firing or otherwise 
discriminating against a worker because of union affiliation or 
activity, and this right was upheld in practice.
    Unions were able to affiliate with international organizations.

    b. The Right to Organize and Bargain Collectively.--The Labor Code 
recognizes the right to collective bargaining, formerly acknowledged 
only by ordinance. Since most workers were civil servants, government 
entities were involved in almost every phase of labor negotiations. 
Both COSYBU and the CSB represented labor in collective bargaining 
negotiations in cooperation with individual labor unions during the 
year.
    Public sector wages were set in fixed scales in individual 
contracts and were not affected by collective bargaining (see Section 
6.e.). In the private sector, wage scales also existed, but individual 
contract negotiation was possible.
    The Labor Code provides for Labor Court jurisdiction over all labor 
dispute cases, including those involving public employees. Negotiations 
were conducted largely under the supervision of the tripartite National 
Labor Council, the Government's highest consultative authority on labor 
issues. The Council represented government, labor, and management, and 
was presided over and regulated by the Minister of Labor.
    The Labor Code provides workers with a restricted right to strike. 
The restrictions on the right to strike and to lock out included that 
all other peaceful means of resolution must be exhausted prior to the 
strike action; negotiations must continue during the action, mediated 
by a mutually agreed upon party or by the Government; and 6 days' 
notice must be given. The Ministry of Labor determines if strike 
criteria have been met. The law prohibits retribution against workers 
participating in a legal strike; however, in January 2001, the 
Government declared illegal the strike of 21 trade unions protesting a 
rise in the price of staple commodities and threatened the strikers 
with dismissal.
    In April members of IGEBU, the union representing government 
mapmakers and meteorologists, went on strike for a week. Approximately 
20 other unions issued a statement in support of STUB; the strike 
subsequently ended when the Government agreed to an increase in wages 
and benefits.
    On May 13, members of the teachers union began a nationwide strike. 
Gendarmes shot and killed at least two protesting students and injured 
several others during demonstrations (see Section 2.b.). On July 8, the 
strike ended when the Government agreed to a wage increase.
    There were no export processing zones.

    c. Prohibition of Forced or Bonded Labor.--The law prohibits forced 
or bonded labor, including by children; however, soldiers guarding IDP 
sites and soldiers at military posts often required persons to cook, 
fetch water, chop wood, work in the fields of military leaders, and 
perform other chores without compensation. The military also required 
persons to perform regular night watches.
    Children continued to serve in the armed forces, and both the 
Government and rebel groups continued to recruit child soldiers (see 
Section 5).
    Child prostitution was a problem (see Section 6.f.)
    Rebel groups forced the rural population to perform uncompensated 
labor, including the transport of rebel supplies and weapons. Rebels 
also recruited and used children for labor. Unlike in the previous 
year, there were no reports that FDD rebel forces abducted primary 
school students to serve as soldiers. There were no statistics on the 
number of child soldiers in the country.

    d. Status of Child Labor Practices and Minimum Age for 
Employment.--The Labor Code states that children cannot be employed by 
``an enterprise'' even as apprentices, although it also states that 
they may undertake occasional work that does not damage their health or 
interfere with their schooling. In practice children under the age of 
16 in rural areas performed heavy manual labor in the daytime during 
the school year. The World Bank reported that approximately 48 percent 
of children between the ages of 10 and 14 years worked in 1999. The 
Government made no effort during the year to enforce child labor laws.
    Children were prohibited legally from working at night, although 
many did so in the informal sector. Most of the population lived by 
subsistence agriculture, and children were obliged by custom and 
economic necessity to participate in subsistence agriculture, family-
based enterprises, and the informal sector.
    The law prohibits forced and bonded labor by children; however, 
there were reports that it occurred (see Section 6.c.).
    The country has not ratified ILO Convention 182 on the worst forms 
of child labor.

    e. Acceptable Conditions of Work.--The formal minimum wage for 
unskilled workers was $0.21 (160 francs) per day in the cities of 
Bujumbura and Gitega, and $0.14 (105 francs) in the rest of the 
country, with a graduated scale for greater skill levels. This amount 
did not provide a decent standard of living for a worker and family, 
and most families relied on second incomes and subsistence agriculture 
to supplement their earnings. Unionized employees, particularly in 
urban areas, generally earned significantly more than the minimum wage. 
Public sector wage scales were set by agreement between the Government 
and either the CSB or COSYBU; however, an individual employee's 
position on the wage scale was determined by individual negotiation 
between the employer and the employee. The Government wage scale has 
remained unchanged since 1992, but allowances, such as the one for 
housing, have risen.
    The Labor Code stipulates an 8-hour workday and a 40-hour workweek, 
except in cases where workers were involved in activities related to 
national security. Supplements must be paid for overtime.
    The Labor Code establishes health and safety standards that require 
an employer to provide a safe workplace and assigns enforcement 
responsibility to the Minister of Labor; however, the Ministry did not 
enforce the code effectively. Health and safety articles in the Labor 
Code did not address directly workers' rights to remove themselves from 
dangerous tasks.
    Foreign workers are protected by law and were not subject to 
discrimination; however, they were prohibited from union participation.

    f. Trafficking in Persons.--The law does not specifically prohibit 
trafficking in persons, and there were reports of trafficking. The 
trafficking of women and children for prostitution was a serious 
problem.
    The Government continued a campaign to reduce underage 
prostitution. Legislation prohibiting the facilitation of prostitution 
could be used to prosecute such offenses. On March 27, according to the 
International Organization for Migration (IOM), during a layover in 
Addis Ababa, Ethiopia, while traveling to Lebanon, two female Congolese 
refugees who had been living in Burundi declared themselves to be 
victims of a trafficker. According to the IOM, the women asked to be 
returned to the DRC. No further information was available.
    Children continued to serve in the armed forces, and both the 
Government and rebel groups continued to recruit child soldiers (see 
Section 5).
                               __________

                                CAMEROON

    Cameroon is a republic dominated by a strong presidency. Since the 
early years of independence, the Cameroon People's Democratic Movement 
(CPDM) has remained in power. In 1997 CPDM leader Paul Biya won re-
election as President in a vote boycotted by the three main opposition 
parties. Marred by a wide range of procedural flaws, the election 
generally was considered by observers not to be free and fair. 
Legislative and municipal elections held during the year were dominated 
by the CPDM and flawed with irregularities; however, most local and 
international observers considered them to be transparent. The 
President retains the power to control legislation or to rule by 
decree, and has used his control of the legislature to change the 
Constitution. The Government remained highly centralized and dominated 
by the presidency. The judiciary was subject to political influence and 
suffered from corruption and inefficiency.
    Internal security responsibilities, also dominated by the 
Presidency, were shared by the national police (DGSN), the National 
Intelligence Service (DGRE), the Gendarmerie, the Ministry of 
Territorial Administration, military intelligence, the army, and to a 
lesser extent, the Presidential Guard. The police and the Gendarmerie 
have dominant roles in enforcing internal security laws. The civilian 
Minister of Defense and the civilian head of police also were 
responsible for internal security. Security forces continued to commit 
numerous serious human rights abuses.
    The majority of the population of 15.2 million was rural; 
agriculture accounted for 28.8 percent of gross domestic product (GDP). 
Economic growth has continued over the past 5 years, despite decreases 
in world prices for the country's major primary exports, and gross 
national product growth has averaged 4 to 5 percent annually. However, 
economic recovery continued to be inhibited by a large inefficient 
parastatal sector, excessive public sector employment, and the 
Government's inability to deregulate the economy to attract more 
investment. Widespread corruption in government and business also 
impeded growth. Members of the Beti and Bulu ethnic groups dominated 
government, civil service, and the management of state-owned 
businesses.
    The Government's human rights record remained poor, and it 
continued to commit numerous serious abuses. Citizens' ability to 
change their government remained limited. Security forces committed 
numerous unlawful killings and were responsible for disappearances. 
They also tortured, beat, and otherwise abused detainees and prisoners, 
generally with impunity. However, the Government prosecuted a few 
offenders. Prison conditions remained harsh and life threatening. 
Security forces continued to arrest and detain arbitrarily various 
opposition politicians, local human rights monitors, and other 
citizens, often holding them for prolonged periods, often without 
charges or a chance for trial and, at times, incommunicado. The 
judiciary remained corrupt, inefficient, and subject to political 
influence. The Government infringed on citizens' privacy, and monitored 
and harassed some opposition activists. The Government continued to 
impose limits on freedom of speech and press and harassed journalists. 
The Government restricted freedom of assembly and association. Security 
forces limited freedom of movement. Violence and discrimination against 
women and child abuse remained serious problems. Discrimination against 
indigenous Pygmies continued. Societal discrimination based on religion 
persisted in some areas; societal discrimination against ethnic 
minorities continued. The Government continued to infringe on worker 
rights and restricted the activities of independent labor 
organizations. Child labor remained a serious problem. Slavery 
reportedly persisted in northern parts of the country. Forced labor, 
including forced child labor, was a problem. There were reports of 
trafficking in persons, primarily children, for purposes of forced 
labor. Mob violence continued to result in some deaths.

                        RESPECT FOR HUMAN RIGHTS

Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:

    a. Arbitrary or Unlawful Deprivation of Life.--There were no 
confirmed reports of politically motivated killings; however, the 
security forces continued to use excessive, lethal force against 
private citizens and committed numerous unlawful killings. During 2001 
Douala's military anticrime unit, the Operational Command, reportedly 
was suspended amid increasing reports of human rights abuses; the 
status of the Command was unknown at year's end. There were reports 
that prior to suspension, Command leaders ordered the execution of the 
81 detainees who remained in the special Command prison facility, 
Kosovo.
    The Operational Command operated above the authority of other 
security forces and killed some suspects in shootouts and high-speed 
car chases. It also reportedly used a network of informants, including 
a large number of convicted criminals and prison officials, to obtain 
the names of suspected bandits who the Command then arrested and 
summarily executed (see Section 1.b.). Conservative estimates placed 
the number killed in the hundreds, but Cardinal Tumi, the Archbishop of 
Douala, believes the number may range as high as 1,000. The Operational 
Command also used neighborhood sweeps to search for criminals, 
occasionally executing suspects for minor offenses such as smoking 
marijuana. Press and other reports alleged that the Operational Command 
has several mass graves, including one in the ``Forest of Monkeys'' 
(Bois des Singes) and another off the ``Old Road'' between Douala and 
Edea, where bodies were abandoned in pits or buried.
    Security authorities in the remote North and Far North Provinces 
also were accused of unlawful killings; however, there were fewer 
reported incidents than during the previous year. During the year, the 
security situation in the northern provinces appeared to have improved, 
but there still were occasional accusations of summary executions 
following acts of banditry. Local human rights groups noted that local 
authorities, even the special anti-gang units, paid more attention to 
due process than in previous years; they believed that the paramilitary 
forces received strict instructions to restrain their activities in an 
attempt to avoid another scandal that would embarrass the Government. 
However, authorities in the region maintained that the anti-gang units 
largely have completed their mission and that the remaining bandits 
were living in fear, thus eliminating the necessity for excessive use 
of force. They also noted a significant drop in crime in the region.
    An elite crime-fighting unit, the Light Intervention Battalion 
(BLI), which received extensive training from Israeli military 
consultants, became operational in 2001 and reported directly to the 
Presidency. BLI members have been accused of conducting summary 
judgements against suspected criminals. Preliminary reports indicated 
that this group has benefited from improved training and intelligence 
gathering methods; however, no further information was available at 
year's end.
    On January 25, army sergeant Nje stabbed to death 22-year-old 
Isidore Usabo Lappe, in Douala's popular ``CCC'' quarter. The killing 
followed a private dispute between Usabo Lappe and the sergeant's 
girlfriend. Nje was arrested and remained in police custody on murder 
charges at year's end.
    On February 23, a gendarme killed 26-year-old Pierre Kewe in the 
Yaounde neighborhood of Elig-Edzoa. Kewe's older brother summoned a 
team of gendarmes to help resolve a dispute, and Kewe refused their 
order that he remain inside the house. During his attempt to leave, a 
gendarme shot him. The authorities arrested the gendarme, who was in 
detention awaiting trial at year's end.
    During the year, the Government investigated a few cases of 
security personnel accused of violating the law. For example, on 
January 29, the Douala Military Tribunal began trying Operational 
Command Sergeant Jean Claude Mbita on charges of assault occasioning 
death in the 2000 shooting of Luc-Benoit Bassilekin. After several 
postponements, the trial started on November 26.
    On April 23, a military trial began for Colonel Bobbo Ousmanou and 
seven other army officers charged with the execution of nine youths in 
Bepanda in January 2001. On July 9, the military tribunal sentenced two 
of the higher ranking officials for disobeying orders; six others were 
acquitted (see Section 1.b.).
    In April the Douala High Instance Court began hearings on the case 
of the 2000 torture death of Emmanuel Ebanda. The prosecutor requested 
life-imprisonment for police officers Biyick Mang, Peter Enonguene, and 
Elouga. The trial was ongoing at year's end.
    There were no further developments in the following 2001 cases: The 
torture death of a 23-year-old man named Apah in Njikwa, Momo Division, 
Northwest Province; the reported arrest and execution of Hamadou Kadri 
by the BLI based in Maroua; the killing of Eloi Sanda Abba by a 
gendarme at the students residential quarters of Bonamoussadi, in 
Yaounde; and the shooting death of Aliou Oumarou by police.
    There were no further developments in the following 2000 cases: the 
January shooting death of Alhadji Bapetel at the Douala port; the May 
detention, torture, and killing of Edouard Leuat; the May killing of 
Laurent Abbe; the May killings of two women in Yaounde; the June 
killing of two bandits; the September torture death of Mathew 
Titiahonjo; and the October killing of Paul Petchucke.
    Numerous prisoners died in custody due to abuse inflicted by 
security forces and harsh prison conditions and inadequate medical 
treatment (see Section 1.c.).
    Mob violence and summary justice directed against suspected thieves 
and those suspected of practicing witchcraft and other crimes 
reportedly continued to result in an increased number of deaths and 
serious injuries. For example, in early March, an angry mob in the Oyom 
Aban neighborhood of Yaounde beat to death Emile Eyenga, a 34-year-old 
bandit who previously had been arrested and released on several 
occasions. Aban was caught burglarizing a private residence.
    In early August, the gendarmerie company commander for Ngoketunjia 
Division, North West Province, stated that angry mobs lynched three 
persons caught stealing. The commander severely criticized the ``jungle 
justice'' and asked the citizens of Ngoketunjia to inform security 
forces of the presence of any suspected criminal in their respective 
areas.
    On August 27, inhabitants of the Douala neighborhood of Bepanda 
beat to death a 26-year-old thief for stealing a goat. No investigation 
has been reported.
    There were no further developments in the 2001 beating death cases 
of Joseph Nzelamnyuy or Abdulai Fonyuy.

    b. Disappearance.--There were reports of disappearances of persons 
in the custody of security forces. Some disappearances may be 
attributed to summary executions by security forces in Douala or the 
northern regions (see Section 1.a.); in these instances, bodies rarely 
were found although the suspects were presumed dead.
    On March 13, Dieudonne Atsako, Steve Kehebe, Etienne Kuete, Talla, 
Blaise Nokam, Victory Tegou, Jules Nouma, Jean Alain Kenfack, and 
Croisil Moutsoul were arrested and detained in the Bafoussam 
gendarmerie brigade. Following widespread rumors of their deaths at the 
hands of gendarmes, the National Commission on Human Rights and 
Freedoms (NCHRF) and the West Gendarmerie Legion conducted an 
investigation. On April 18, the Minister of Communication, Jacques Fame 
Ndongo, stated that the nine were alive and confirmed that the 
Gendarmerie Legion and the NCHRF were conducting an investigation into 
the case. Later in April, the NCHRF issued a press release denying 
allegations that the nine had disappeared. At year's end, the 
Government had not produced proof that the nine were alive.
    In January 2001, the Douala Operational Command arrested Marc Etah, 
Frederic Nguffo, Chatry Kuete, Jean Roger Tchiwan, Eric Chia, Charles 
Kouatou, Effician Chia, Elysee Kouatou, and Fabrice Kouate, who were 
suspected of stealing a gas canister in the Bepanda District of Douala. 
Initially the families of the detained ``Bepanda 9'' were accorded 
visiting rights; however, these rights were abrogated as of January 27, 
2001. The case drew both national and international attention, and many 
observers believed the Douala Operational Command summarily executed 
the nine youths. Douala authorities attested to the youths' arrests but 
denied any executions and refused to produce verification of the 
youths' continued wellbeing. The victims' families formed another 
group, the Committee for the Defense of the Nine (or C9 as they were 
known domestically) and held weekly protests, which police often 
forcibly dispersed, demanding the location of the nine youths. In March 
2001, President Biya ordered an investigation into the disappearance of 
the Bepanda 9 and transferred or replaced several members of the 
Operational Command. In April 2001, authorities arrested Colonel 
Ousmanou and seven other officers of the Operational Command. In 
November 2001, the military trial of the eight officers was referred to 
the High Court of Yaounde after the Court of First Instance dismissed 
the case due to a technicality. The trial was closed to the public, and 
the Government refused to release the court's findings or to consider a 
civilian trial for the officers. After several postponements, on July 
9, the High Court of Yaounde finally ruled on the case. Although the 
eight officers initially were prosecuted on charges of murder, torture, 
corruption, and violation of instructions, the High Court convicted two 
of the eight officers on charges of disobeying orders and sentenced 
Colonel Ousmanou to 3 years probation and Captain Jean Jacques Abah 
Ndzengue to 16 months in jail, respectively. Samuel Houag, Nicolas 
Eyong Taku, and Luc Evoundou were found not guilty for lack of 
evidence. Major Pascal Yeremou Nyamsi, Captain Onana Ambassa, and 
adjunct chief Adrumpai were found not guilty by benefit of doubt. The 
C9 have appealed the ruling.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The law prohibits such practices; however, there were 
numerous credible reports that security forces, including the 
Operational Command, continued to torture, beat, and otherwise abuse 
prisoners and detainees. There were reports that security forces, 
including the Operational Command, detained persons at specific sites 
where they tortured and beat detainees. The Operational Command 
reportedly tortured some persons before summarily executing them (see 
Section 1.a.). Security forces also reportedly subjected women, 
children, and elderly persons to abuse. Most cases apparently were not 
reported to the relevant authorities because of ignorance, lack of 
confidence, or fear of reprisal.
    In New Bell and other non-maximum security penal detention centers, 
prison guards inflicted beatings, and prisoners reportedly were chained 
or at times flogged in their cells. Authorities often administered 
beatings in temporary holding cells within a police or gendarme 
facility. Two forms of physical abuse commonly reported by detainees 
were the ``bastinade'' in which the victim was beaten on the soles of 
the feet and the ``balancoire'' where the victim was hung from a rod 
and beaten (often on the genitals) with his hands tied behind his back. 
Many nonviolent political activists have experienced this abuse during 
brief detentions that followed participation in antigovernment 
demonstrations or opposition party political rallies.
    Security forces continued to subject prisoners and detainees to 
degrading treatment including stripping, confinement in severely 
overcrowded cells, and denial of access to toilets or other sanitation 
facilities. Police and gendarmes often beat detainees to extract 
confessions as well as the names and whereabouts of alleged criminals. 
Pretrial detainees sometimes were required, under threat of abuse, to 
pay ``cell fees,'' which essentially was a bribe paid to prison guards 
to prevent further abuse.
    Security forces beat persons while arresting them, particularly 
under Operation Harmattan, an anti-crime operation in Douala. For 
example, on April 4, soldiers and gendarmes cordoned off Koupa Kagnam 
and Koumenke, two villages of the Noun Division, West Province, and 
raided houses, beating and arresting scores of men and women. According 
to official statements, Gabriel Essoa Eloi, Koutaba's Sous-prefet, 
ordered the operation when unidentified individuals allegedly tried to 
break into his office and steal election-related documents. Esssoa Eloi 
``was told'' that the perpetrators were from the two villages. CDU 
Chairman, Dr. Adamou Ndam Njoya, criticized the operation, claiming it 
was aimed at intimidating members of his party 2 months before national 
elections. On April 8, authorities released all those arrested.
    Security forces harassed and threatened journalists (see Section 
2.a.). Security forces also frequently used roadblocks to exact bribes 
or disrupt opposition political activities and injured persons they 
believed tried to evade checkpoints (see Section 2.d.).
    On March 10, soldiers of the Edea Military Regiment in the Sanaga 
Maritime Division of Littoral Province arrested, beat, and severely 
injured Samuel Mben Mben, publisher of Habeas Corpus after a woman 
accused him of helping men rob her. The gendarmes then took Mben Mben 
to the gendarmerie brigade where they released him after the 
intervention of his lawyer, family, and the Sanaga Maritime Senior 
Divisional Officer (who also was the Prefet). Mben Mben later said that 
he was missing $155 (104,000 CFA francs).
    On March 14, police officers beat and injured Narcisse Kouokam, a 
nationally known comedian, in Yaounde. In a statement to the press, 
Kouokam said that the officers recognized him and sought to ``punish 
him'' for his performances criticizing the country's malfeasance. 
Narcisse Kouokam filed a complaint against his attackers, which was 
pending at year's end.
    On June 28, Douala police officers arrested Jean Rene Ndouma on 
allegations of theft complicity. On July 18, Ndouma was transferred to 
the Douala New Bell Prison where his family learned he had been 
tortured seriously, particularly by police officer Daouda Mama. Ndouma 
had been handcuffed and hung by the hands, which resulted in severe 
gashes on his wrists. It was unknown if there was any action taken in 
this case.
    There were no new developments in the following 2001 cases: The 
January kidnaping of Hortense Toukam; the March beating and attempted 
strangling by gendarmes of Pierre Nyemeck Ntamack; the May arrest and 
torture by police of Jacques Zoua, a member of a Maroua-based human 
rights NGO; and the June arrest and torture by security forces of many 
persons during neighborhood sweeps in Kodogo and Garoua.
    There were no developments in the following 2000 cases: The death 
of Magloire Evoutain; the January torturing of customs inspector 
Vincent Nkengfue; the January injuring and beating of several students 
when a demonstration was dispersed forcibly; the March torturing of 
Jean Paul Kentsa and two others; the April beating and torturing of a 
foreign volunteer teacher; the April injuring of Cecile Ngono; the 
April beating of Nicole Ajong; the April beating of parishioners at 
Notre Dame De Sept Douleurs; the May torturing of Achille Tehoumba 
Heubo; the May beating of Madeleine Ngo Songane; the May torturing to 
death of Mathew Titiahonjo; the May beating of several student 
demonstrators; the June beating of Amelie, a female soccer player; the 
June injuring of several persons in a bar; the June beating of Beatrice 
Elouga; the June assault of numerous citizens; the September rape of 
two girls; and the November beating of a journalist.
    A minor number of security force officers have received jail 
sentences and/or severe sanctions for the misconduct. For example, on 
February 27, the Bafang, Upper Nkam Division, West Province High 
Instance Court sentenced Police Commissioner Simon Menzouo and 
policeman Jules Oscar Soboa to 5 years in jail and damages of $10,000 
(6.5 million CFA francs) after finding the two guilty of torturing a 
police detainee to death in 1999. The Court awarded the damages to the 
victim's family.
    On September 16, Pierre Minlo Medjo, Delegate General for National 
Security (DGSN), issued a press release stating that three police 
officers serving at the Mbalmayo Nyong So'o Division in Center 
Province's Public Security Police Station were arrested and arraigned 
by a Mbalmayo prosecutor who ordered their detention. On September 7, 
the officers, Jean Christophe Avom, Appolinaire Eva Ntyam, and Francois 
Jiande, had shot and killed Thomas Alima during an arrest. According to 
Minlo's press release, the police officers misused their arms in an 
illegal manner.
    The Government has made some efforts to minimize security forces' 
abuse. For example, in a January 25 speech to newly trained gendarmes 
of an elite unit, Remy Ze Meka, the Secretary of State for Defense in 
Charge of the National Gendarmerie, reinforced that security forces 
must respect citizens' rights. There was no evidence during the year 
that the January 25 speech affected a significant change in security 
force behavior, and in the vast majority of cases of torture or abuse, 
the Government rarely investigated or punished any of the officials 
involved.
    Mob violence, including beating and torture, directed against 
suspected thieves continued to result in a number of deaths (see 
Section 1.a.).
    Prison conditions remained harsh and life threatening. Prisons were 
seriously overcrowded, unsanitary, and inadequate, especially outside 
major urban areas. Due to a lack of funds, serious deficiencies in 
food, health care, and sanitation were common in almost all prisons, 
including ``private prisons'' in the north operated by traditional 
rulers. Prisoners were kept in dilapidated colonial-era prisons, where 
the number of detainees was four to five times the original capacity. 
Health and medical care were almost nonexistent, and prisoners' 
families were expected to provide food for their relatives in prison. 
Douala's New Bell Prison contained 7 water taps for a reported 3,500 
prisoners, contributing to poor hygiene, illness, and death. Prison 
officials tortured, beat, and otherwise abused prisoners. Prisoners 
routinely died due to harsh prison conditions and inadequate medical 
treatment.
    On January 14, the Douala branch of the Action of Christians for 
the Abolition of Torture (ACAT) issued a document, which stated that 17 
detainees died in November 2001 and 21 died in December 2001 at the 
Douala New Bell prison due to a lack of adequate medical care.
    On March 25, 38-year-old Barthelemy Kengne, a businessman in 
Bafoussam, the West Province capital, was found dead in his cell at the 
Bafoussaman Gendarmerie Brigade. Gendarmes had detained Kengne for 10 
days on accessory after the fact charges and during his detention 
chained his feet and hands and shot him in the foot, allegedly because 
of an escape attempt. Kengue's family was convinced his death resulted 
from torture. On April 23, the Government denied the allegations, 
stating that Kengne's cellmate had strangled Kengne to death following 
a dispute. The Minister stated that an investigation was ongoing.
    On July 7, 19-year-old convicted thief Aime Martial Mbong died in 
his cell at the Douala Judicial police precinct, allegedly because of 
torture inflicted in custody. Due to inaccurate information, his 
parents initially were unable to locate him and on July 9, found his 
body in the morgue of Douala's Laquintinie Hospital. Both the 
provincial security office and the judicial police have accused the 
other of causing Mbong's death. An investigation was ongoing at year's 
end.
    In an April report presented to the U.N. Human Rights Commission in 
Geneva, the Cameroonian League for Human Rights provided figures for 
the country's principal prison facilities. Yaounde-Kondengui prison 
contained 9,530 detainees for 2,500 places; Douala New Bell prison--
7,000 detainees for 1,500 places; Bamenda prison--4,855 detainees for 
330 places; Bafoussam prison--5,225 detainees for 850 places; Edea 
prison--4,255 detainees for 750 places; Dschang prison--6,845 detainees 
for 715 places; Garoua prison--4,636 detainees for 280 places; and 
Nkongsamba prison--8,753 detainees for 620 places. The figures were not 
corroborated independently. Overcrowding was exacerbated by the large 
number of long pretrial detentions and the practice of ``Friday 
arrests'' (see Section 1.d.). According to credible press reports, more 
than 1,400 of the inmates of the Douala prison were pretrial detainees.
    From September 1 to 14, Dr. Vera Mlangazuwa Chirwa, Special 
Rapporteur on Prisons and the Conditions of Detention in Africa, 
working with the African Commission for Human and People's Rights, 
visited seven prisons (Yaounde, Bafoussam, Douala, Bamenda, Garoua, 
Maroua, and Bafang), five gendarmerie detention cells, and five police 
station detention cells. In addition to those officially selected 
prisons and detention cells, Dr. Mlangazuwa made surprise visits to 
other prisons. Her team addressed approximately 6,000 prisoners 
(roughly 28 percent of the prison population) and personally 
interviewed 150 detainees. In her September 13 assessment of the visit, 
Mlangazuwa said that congestion, poor nutrition, and lack of adequate 
health care were principal problems in the prisons; however, she noted 
that there was a productive prisoner work program.
    Corruption among prison personnel was widespread. Prisoners 
sometimes could ``buy'' special favors or treatment, including 
temporary freedom. Credible reports from Bafoussam Central prison 
indicated that freedom between 6 a.m. and 6 p.m. was available daily to 
any prisoner who could afford the superintendent's weekly fee of $20 
(15,000 CFA francs). Prisoners in Bafoussam reportedly used their 
purchased freedom to steal the following week's extortionate fees.
    The law specifies that children should not be detained without 
trial beyond 3 months after an investigation; however, the Government 
detained children for longer periods of time. Juvenile prisoners often 
were incarcerated with adults, occasionally in the same cells or wards. 
There were credible reports that adult inmates sexually abused juvenile 
prisoners. Persons awaiting trial routinely were held in cells with 
convicted criminals. There were few detention centers for women, who 
routinely were held in prison complexes with men, occasionally in the 
same cells. Mothers often were incarcerated with their children or 
babies. Some high-profile prisoners were able to avoid some of the 
abuse that security forces routinely inflicted on other criminals. 
High-profile prisoners often were kept in more privileged wings of 
certain prisons where they enjoyed relatively lenient treatment.
    The NCHRF stated in a February 2001 media interview that ``some 
people are just forgotten in prison.'' For example, in September the 
Government daily newspaper, Cameroon Tribune, reported that 58-year-old 
prisoner Pierre Owono Mvondo was forgotten in prison. Between 1969 and 
1972, Owono Mvondo received two prison sentences amounting to 20 years 
in jail. After serving the 20 years, he was unable to afford a lawyer. 
Apparently his case was forgotten or misplaced, and his release request 
was denied. In 2001 Owono Mvondo had his case referred to Monsignor 
Andre Wouking, the Archbishop of Yaounde, who visited the Yaounde-
Kondengui central prison. As a result of the Archbishop's intervention, 
an August 23 court ruling freed Owono Mvondo and on August 29, after 
having served 13 extra years in jail, he was set free. Owono Mvondo was 
not awarded compensating damages.
    In 2001 the Cameroon Organization for Citizens' Rights and Freedoms 
disclosed the results of an investigation that it conducted in the 
Yaounde Central Prison. According to those results, several persons who 
had completed their prison terms or had been released by a court ruling 
still were in detention, including prisoners whose files had been lost 
and were subsequently not given a court date. One detainee had been in 
jail for 6 years without a trial. The organization worked with the 
prosecutor's office to secure the release of approximately 100 of the 
most egregious cases.
    On January 29, the prisoners of the Yaounde Kondengui prison 
addressed a letter to the Minister of Justice and various newspapers in 
which they complained about their conditions. The letter indicated that 
of the 3,600 persons held in the prison, approximately 3,000 still were 
awaiting trial. The prisoners threatened to riot and go on hunger 
strikes; however, there were no reports that this occurred.
    The Government continued two programs for the renovation and 
humanization of prisons, and feasibility studies were in progress for 
the construction of new prisons in Yaounde, Douala, and other cities at 
year's end.
    In the north, the Government permitted traditional Lamibe (chiefs) 
to detain persons outside the Government penitentiary system, in effect 
creating ``private prisons.'' Private prisons within the palaces of 
traditional chiefs Rey Bouba, Gashiga, Bibemi, and Tcheboa had a 
reputation of serious mistreatment. Members of the National Union for 
Democracy and Progress (UNDP) party have alleged that other UNDP 
members have been detained in these private prisons and that some have 
died from mistreatment.
    The Government has granted international humanitarian organizations 
access to prisoners. Both the Cameroonian Red Cross and the NCHRF 
infrequently visited prisons during the year. The International 
Committee of the Red Cross (ICRC) continued to visit prisons. Although 
the ICRC does not release its findings publicly, the Government 
generally complied with its agreement with the ICRC.

    d. Arbitrary Arrest, Detention, or Exile.--The law prohibits 
arbitrary arrest and detention and requires an arrest warrant except 
when the criminal is caught in the act; however, security forces 
continued to arrest and detain citizens arbitrarily. The law also 
stipulates that detainees must be brought promptly before a magistrate; 
however, arbitrary prolonged detention remained a serious problem and 
sometimes persons were held incommunicado for months or even years. For 
example, Souley Bobo, who was arrested in 1992 on murder charges, never 
appeared before the prosecutor, and Michel Sighanou, a juvenile who was 
transferred from the Yabassi prison in 1996, has been awaiting trial 
for more than 5 years. Some persons were detained for several months 
simply because they were unable to present identification to 
authorities.
    Police legally may detain a person in connection with a common 
crime for up to 24 hours, renewable three times, before bringing 
charges. The law provides for the right to judicial review of the 
legality of detention only in the two Anglophone provinces. Otherwise, 
the French legal tradition applies, precluding judicial authorities 
from acting on a case until the administrative authority that ordered 
the detention turns the case over to the prosecutor. After a magistrate 
has issued a warrant to bring the case to trial, he may hold the 
detainee in administrative or ``pretrial detention'' indefinitely, 
pending court action. Such detention often was prolonged, due to the 
understaffed and mismanaged court system. The law permits detention 
without charge by administrative authorities for renewable periods of 
15 days, ostensibly to combat banditry and maintain public order. 
Persons taken into detention frequently were denied access to both 
legal counsel and family members. The law permits release on bail only 
in the Anglophone provinces, where the legal system includes features 
of British common law; however, in practice bail was granted 
infrequently.
    Police and gendarmes often arrested persons on spurious charges on 
Fridays at mid-day or in the afternoon. While the law provides for a 
judicial review of an arrest within 24 hours, the courts did not 
convene sessions on the weekend, so the detainee remains in detention 
until at least Monday. Police and gendarmes commonly accepted bribes to 
make such ``Friday arrests'' from persons who had private grievances 
against the person arrested. There were no known cases of policemen or 
gendarmes that were sanctioned or punished for this practice.
    There were reports that security forces, including the Operational 
Command, detained persons at specific sites where they tortured and 
beat detainees (see Section 1.a.).
    Security forces also continued to arrest and arbitrarily detain 
various opposition politicians, local human rights monitors, 
journalists, and other critics of the Government, often holding them 
for prolonged periods, without charges or a chance for trial and, at 
times, incommunicado (see Sections 2.a. and 4). For example, on January 
17, police officers in Douala arrested and detained Mboua Massok, an 
opposition political activist, for approximately 5 hours for 
distributing pamphlets at the entrance of the Akwa technical school, in 
support of salary increases for secondary education teachers. He later 
was charged with disturbance of public order and released.
    On February 13, Dominique Djeukam Tchameni, an opposition leader 
and human rights activist, was held for approximately 10 hours at the 
Douala premises of the Littoral Provincial Delegation for National 
Security. Djeukam Tchameni had gone to the police headquarters to 
request that his previously confiscated passport be returned to him. 
Police officers continuously threatened Djeukam Tchameni during his 10-
hour detention, and his passport was not returned upon his release.
    In March the police began Operation Harmattan in an effort to rid 
Yaounde and Douala of crime. Police used Operation Harmattan as a 
pretext for committing numerous abuses, including roadblocks, identity 
checks, house searches, and raids of nightclubs (see Section 1.f.). 
Gendarmes of the Operation detained for questioning 2,792 persons in 
March and April; it was not known if any had been charged at year's 
end.
    On April 18, gendarme officers arrested a local embassy guard after 
his employers accused him of distributing leaflets calling for a guard 
strike, even though striking is not illegal. The guard was detained for 
72 hours and released without charges. Authorities arrested at least 
one other guard at an embassy residence who also was released.
    In late July, the State Prosecutor interrogated Former Minister of 
Posts and Telecommunications Mounchipou Seidou, and in November he 
ordered that the former minister be brought to trial.
    On September 27, the police arrested human rights activist Albert 
Mukong and 19 other Southern Cameroons National Council (SCNC) 
activists in Mamfe to prevent them from taking any action on October 1, 
the date associated with the Anglophone Cameroon independence movement. 
They were released on October 22, pending trial on sedition charges 
(see Section 3).
    There were no developments in the 2001 arrest of 50 demonstrators 
and three men from Jakiri following the October SCNC demonstrations.
    There were no developments in the following arrests in 2000: The 
March arrests of Catherine Yami and Roger Tankeu, respectively the 
Social Democratic Front (SDF) president for the Bassamba electoral 
district and the SDF West provincial coordinator; the April arrests of 
several parishioners at Notre Dame de Sept Douleurs; and the June 
arrest of Beatrice Elouga.
    The Government did not use forced exile; however, some human rights 
monitors or political opponents who considered themselves threatened by 
the Government left the country voluntarily and declared themselves to 
be in political exile.
    There were no further developments in the 2001 alleged bewitching 
case against Iyassa Anou, Joseph Regeant, Johnson Mambo Naseri, Mathew 
Ajong Awor, Christian Buma, Francisca Nyando, and James Okenye.

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary; however, the judiciary remained highly subject 
to political influence. Corruption and inefficiency remained serious 
problems. The court system remained technically part of the executive 
branch, subordinate to the Ministry of Justice. The Constitution 
specifies that the President is the guarantor of the legal system's 
independence. He also appoints judges with the advice of the Supreme 
Council of the Magistrature. Some politically sensitive cases never 
were heard by the courts. However, the judiciary has shown some modest 
signs of growing independence. For example, the courts repeatedly 
ordered the Ministry of Territorial Administration to desist from 
seizing print runs of newspapers critical of the Government.
    The court system includes the Supreme Court, a Court of Appeals in 
each of the 10 provinces, and courts of first instance in each of the 
country's 58 divisions.
    Military tribunals may exercise jurisdiction over civilians not 
only when the President declares martial law, but also in cases 
involving civil unrest or organized armed violence. Military tribunals 
also have jurisdiction over gang crimes, banditry, and highway robbery. 
The Government interpreted these guidelines quite broadly and sometimes 
used military courts to try matters concerning dissident groups and 
political opponents. Military trials often were subject to 
irregularities and political influence.
    The legal system includes both national law and customary law, and 
many cases can be tried using either. Customary law was based upon the 
traditions of the ethnic group predominant in the region and was 
adjudicated by traditional authorities of that group. In some areas, 
traditional courts reportedly have tried persons accused of such 
offenses as practicing witchcraft by subjecting them to various 
ordeals, such as drinking poison. There were no known incidents during 
the year.
    Customary courts may exercise jurisdiction only with the consent of 
both parties to a case. Either party has the right to have the case 
heard by a national rather than a customary court; customary law is 
deemed valid only when it is not ``repugnant to natural justice, 
equity, and good conscience.'' However, many citizens in rural areas 
remained unaware of their rights under civil law and were taught that 
customary laws form the rules by which they must abide. Consequently, 
traditional courts remained important in rural areas and served as a 
primary means for settling disputes. Most traditional courts permitted 
appeal of their decisions to traditional authorities of higher rank.
    The legal structure is influenced strongly by the French legal 
system, although in the two Anglophone provinces certain aspects of the 
Anglo-Saxon tradition apply. The Constitution provides for a fair 
public hearing in which the defendant is presumed innocent. Because 
appointed attorneys received little compensation, the quality of legal 
representation for indigent clients often was poor. The Bar Association 
and some voluntary organizations, such as the Cameroonian Association 
of Female Jurists, offered free assistance in some cases. Trials 
normally were public, except in cases with political overtones and 
judged disruptive of social peace.
    Political bias often brought trials to a halt or resulted in an 
extremely long process, with extended court recesses. Powerful 
political or business interests appeared to enjoy virtual immunity from 
prosecution; some politically sensitive cases were settled with a 
payoff. Private journalists, political opponents, and critics of the 
Government often were charged or held and sometimes jailed under libel 
statutes considered by many observers as unduly restrictive of press 
freedom (see Section 2.a.).
    On February 4, Amadou Ali, the Minister of State for Justice and 
Keeper of the Seals, severely criticized the ``evils of the judiciary'' 
in his opening remarks during a meeting with head justices of the 
different courts of appeal. He criticized violations of procedure, 
delayed judgements, and illegal detention, which he believed caused 
some observers to refer to court decisions as ``judicial robbery'' and 
gave the judiciary a bad image and weakened its powers. The Minister of 
State called on his collaborators to take a firm stance in fighting 
crime throughout the country.
    The Government held a number of political prisoners, including 
Anglophones; however, there were no reliable estimates of numbers held 
at year's end.
    Titus Edzoa, former Minister of Health and long-time presidential 
aide who had declared himself a candidate to oppose President Biya in 
the 1997 election, and Michel Thierry Atangana, his campaign manager, 
remained incarcerated at the maximum security gendarmerie headquarters 
with very limited access to visitors at year's end.

    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The Constitution prohibits such actions; however, 
these rights were subject to the ``higher interests of the State,'' and 
there were numerous, credible reports that police and gendarmes 
harassed citizens, conducted searches without warrants, and opened or 
seized mail. The Government continued to keep some opposition activists 
and dissidents under surveillance. Police sometimes punished family 
members and neighbors of criminal suspects.
    The law permits a police officer to enter a private home during 
daylight hours without a warrant if he is pursuing an inquiry and has 
reason to suspect that a crime has been committed. The officer must 
have a warrant to make such a search after dark; however, a police 
officer may enter a private home at any time in pursuit of a criminal 
observed committing a crime.
    An administrative authority may authorize police to conduct 
neighborhood sweeps in search of suspected criminals or stolen or 
illegal goods without individual warrants. Such sweeps were conducted 
frequently. Sweeps involving forced entry into homes continued to occur 
in Yaounde and Douala, especially as part of Operation Harmattan (see 
Section 1.c.). An increase in crime over the years has led to a 
dramatic increase in the number of such sweeps, called ``kali-kali'' or 
``raffles'' in Douala and Yaounde, respectively. Typically, security 
forces seal off a neighborhood, systematically search homes, arrest 
persons arbitrarily, and seize suspicious or illegal articles. There 
were credible reports that security forces used these sweeps as a 
pretext to loot homes and arbitrarily arrest persons for minor 
offenses, such as not possessing identity cards (see Section 2.d.). For 
example, a police patrol raided the American Bar, a gambling and 
drinking establishment in Douala's Bepanda neighborhood. Under the 
guise of a drug search, the patrol stripped naked the bar's patrons and 
confiscated money and cell phones. The patrol repeated the same 
operation 2 days later at Moulin Rouge, an inexpensive popular Douala 
hotel.
    In efforts to combat highwaymen, Colonel Pom and his special 
antigang gendarmerie unit used informants to identify and accuse 
persons of taking part in highway robbery (see Section 1.a.). Standards 
of proof for such accusations were nonexistent. Accusations 
occasionally have been used to pursue private grievances, and 
informants repeatedly have extorted money from innocent persons by 
threatening to accuse them of being bandits. The Douala Operational 
Command reportedly used informants in a similar fashion. These 
informants often were former criminals or prison guards, and were used 
to target criminals who then were summarily executed (see Section 
1.a.).
    At year's end, no compensation had been provided for houses that 
the Government destroyed along several of Yaounde's main roads in 
anticipation of the France-Africa Summit in January 2001. The 
Government also reportedly relocated Yaounde squatters, many of whom 
had mental disabilities, to the neighboring town of Mbalmayo for the 
duration of the summit. The squatters returned to Yaounde following the 
summit but were not allowed to reoccupy the site from which they were 
removed.
    There have been accusations, particularly in the North and Far 
North Provinces, of traditional chiefs arbitrarily evicting persons 
from their land. There also were credible reports that security forces 
forced Baka out of their homes (see Section 5). No further information 
was available on the May 2001 forcible eviction of Feu Bouba Toumba in 
Maroua at year's end.

Section 2. Respect for Civil Liberties, Including:

    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of speech and of the press; however, the Government continued 
to impose limits on these rights. The Penal Code's libel laws specify 
that defamation, abuse, contempt, and dissemination of false news are 
offenses punishable by prison terms and heavy fines. The Government 
sometimes invoked these statutes to silence criticism of the Government 
and officials.
    Unlike in the previous year, no one was tried for defamation.
    The Government publishes an official newspaper, the Cameroon 
Tribune. This paper occasionally implies criticism of the Government; 
however, its reporters did not report extensively on activities or 
political parties critical of the Government, overtly criticize the 
ruling party, or portray government programs in an unfavorable light.
    While approximately 60 private newspapers were published, only an 
estimated 20 were published on a regular basis. Most continued to be 
highly critical of the Government and reported on controversial issues 
including corruption, human rights abuses, and economic policies. 
Journalists continued to be critical of the Government; however, some 
journalists practiced self-censorship.
    Despite the large number of newspapers in the country, the 
influence of print media on the average person was minimal. Circulation 
was low, distribution was problematic outside of Yaounde and Douala, 
and prices were high. Consequently, print media reached only a tiny 
percentage of the population, most notably the urban elite.
    The Government frequently prosecuted its critics in the print media 
through criminal libel laws. These laws authorized the Government, at 
its discretion and request of the plaintiff, to criminalize a civil 
libel suit or to initiate a criminal libel suit in cases of alleged 
libel against the President and other high government officials. There 
were no new cases of libel during the year; however, the Government 
continued to pursue libel cases from previous years.
    The Government largely ceased to interfere with private newspaper 
distribution or seize print runs of private newspapers; however, 
security forces continued to restrict press freedom by harassing or 
abusing private print media journalists. The Douala-based French-
language publication Le Front Independent and the Littoral Province 
Office of Taxation reportedly negotiated an undisclosed deal during the 
year, and the newspaper remained open at year's end.
    There were fewer cases of harassment, abuse, and arrests of 
journalists reported than during the previous year.
    On March 1, the Littoral Province police chief in Douala arrested 
Peter William Mandio, publisher of the newspaper Le Front Independent, 
and transferred him to the General Security office in Yaounde. Although 
the police did not charge Mandio formally, press reports suggested he 
was arrested because of a story published disclosing a love affair 
between a senior official at the Presidency and a senior female civil 
servant. It also was alleged the arrest was due to his membership in 
the National Collective against Impunity (CNI), a civil association 
started in connection with the Bepanda 9 case. During Mandio's arrest, 
the police searched his office and seized certain documents. The 
Ministry of Communication, the Ministry of Justice, and the Union of 
Central African Newspaper Publishers (UEPAC) criticized the arrest and 
requested Mandio's immediate release. He subsequently was released.
    On April 14, Yaounde police stormed the Abbia Movie Theater and 
seized the movie Braquages. The police claimed to be acting on 
instructions from the DGSN. The theater owner said the seizure was 
illegal because the movie had been sanctioned by the National 
Censorship Commission. According to press reports, the DGSN seized the 
movie because it inappropriately corresponded with the launching of 
Operation Harmattan. Abbia management's attempts to retrieve the film 
had not been successful by year's end.
    There were no further developments on the following 2001 cases: the 
July arrest and detention of journalists Robert Harris, Mindja Meka, 
and Samuel Zang Des Joies; the July reported threat, harassment, 
arrest, and detention of Florent Ndjiki, Pierre Clement Tjomb, and 
Francois Bikoro; the August arrest and detention of journalist George 
Baongla; the August assault on journalist Remy Ngomo; and the October 
summoning and detention of Jean Marc Soboth, editor of La Nouvelle 
Expression.
    There were no known developments in the 2000 case of Severin 
Tchounkeu, publisher of the Douala-based French-language tri-weekly, La 
Nouvelle Expression.
    Radio remained the most important medium for reaching most 
citizens. There were approximately 2 million radios in the country. 
Television was less pervasive but still more influential than print 
media.
    Rural radio stations must submit an application to broadcast but 
were exempt from paying fees. Potential commercial radio and television 
broadcasters must submit a licensing application and pay a fee when the 
application is approved. The annual licensing fees potentially were 
prohibitive: $15,600 (10 million CFA francs) for radio broadcasters; 
$73,000 (50 million CFA francs) for local television stations; and 
$146,000 (100 million CFA francs) for national television stations. The 
Ministry of Communication has received more than 100 applications from 
potential broadcasters. Five Yaounde-based private radio stations that 
previously had been broadcasting illegally and submitted applications 
to be licensed still had not received licenses at year's end. A small 
number of radio stations previously broadcasting illegally, including 
Radio Soleil, which broadcast from the Muslim quarter of Yaounde, did 
not apply for licenses, claiming the fees were exorbitant. The 
Government continued to allow these stations to broadcast. Although it 
has not obtained a license, Magic FM broadcast daily and had a wide 
audience. Radio Star and Radio Ventas still were not broadcasting at 
year's end.
    There were several low-power, rural community radio stations funded 
primarily by foreign countries with extremely limited broadcast range. 
These stations, which broadcast educational programs to small 
audiences, were not allowed to discuss politics. The law permits 
broadcasting of foreign news services but requires the foreigners to 
partner with a national station. The British Broadcasting Company (BBC) 
and Radio France International (RFI) broadcast in partnership with 
state-owned CRTV. During the year, the Government continued to allow 
the reception of international cable and satellite television 
broadcasts.
    The state-owned CRTV broadcast on both television and radio and was 
the only officially recognized and fully licensed broadcaster in the 
country. The Government levied taxes on all registered taxpaying 
citizens in order to finance CRTV programming, which allowed CRTV a 
distinct advantage over new independent broadcasters.
    Like the Cameroon Tribune, CRTV provided broad reporting of CPDM 
activities, while giving relatively little attention to the political 
opposition. CRTV management, which repeatedly has instructed CRTV staff 
to ensure that government views prevailed at all times, in the past 
punished CRTV journalists who criticized government policy.
    CRTV television and radio programming included a weekly program, 
Direct Expression, which ostensibly fulfilled the Government's legal 
obligation to provide an opportunity for all political parties 
represented in the National Assembly to present their views. However, 
during the program, CRTV continued to restrict the freedom of speech of 
the SDF by occasionally censoring and significantly shortening proposed 
SDF programming.
    In January Francis Wete, Deputy General Manager of CRTV, informed 
the leaders of opposition parties represented in the National Assembly 
that the program Political Space would be suspended during the African 
Nations Soccer Cup Finals and would resume on February 12. The 
suspension resulted in strong protest from the SDF insisting that 
soccer should not be given precedence over the country's politics.
    High-tech communications, including the Internet, e-mail, and 
satellite phones were not widely available or heavily utilized; 
however, a few cybercafes provided occasional Internet or e-mail access 
in some urban areas. There were at least six domestic Internet service 
providers, some of which were privately owned. The Government has not 
attempted to restrict or monitor these forms of communication.
    Although there were no legal restrictions on academic freedom, 
state security informants operated on university campuses. Many 
professors believed that participation in opposition political parties 
could affect adversely their professional opportunities and 
advancement. Free political discussion at the University of Yaounde was 
hindered by the presence of armed government security forces, and some 
university students were harassed. On May 27, gendarmes stormed a 
Yaounde II University dormitory located in the Yaounde suburb of Soa 
and arrested five students (Jean Bruno Tagne, Alain Tayo, Vincent 
Chatue, Theodore Datchoua, and Josiane Fotsing) who were members of a 
student group that had voiced grievances against the administration. 
The University failed to validate some of the students' previous 
courses, which barred them from registering for the third year 
curriculum. The students passed out anti-University literature and 
subsequently became suspects in March and June arson incidents that 
destroyed University property. The students were held in police custody 
for 2 days and released pending further interrogation by the 
prosecutor. There were no new developments at year's end.

    b. Freedom of Peaceful Assembly and Association.--The law provides 
for freedom of assembly; however, the Government restricted this right 
in practice. The law requires organizers of public meetings, 
demonstrations, or processions to notify officials in advance but does 
not require prior government approval of public assemblies and does not 
authorize the Government to suppress public assemblies that it has not 
approved in advance. However, officials routinely have asserted that 
this provision of the Penal Code implicitly authorized the Government 
to grant or deny permission for public assembly. Consequently, the 
Government often has not granted permits for assemblies organized by 
persons or groups critical of the Government and repeatedly used force 
to suppress public assemblies for which it has not issued permits.
    There was a ban on SCNC activities from September 28 to October 10 
in the Northwest and Southwest Provinces. There were no other bans on 
public rallies or marches during the year.
    Security forces disrupted attempts by the SCNC to hold 
demonstrations on October 1 in Bamenda and Mamfe. There were no other 
reports that security forces forcibly disrupted demonstrations during 
the year.
    On January 17, Oliver Nyuki, one of the demonstrators who was shot 
during the October 2001 SCNC demonstration in Kumbo, North West 
Province, died of his wounds.
    No action reportedly was taken against the members of the security 
forces who forcibly dispersed demonstrations in 2001 and in 2000.
    The law provides for freedom of association, and the Government 
generally respected this right in practice; however, there were some 
exceptions. The conditions for government recognition of a political 
party, a prerequisite for many political activities, were not onerous. 
More than 150 political parties operated legally, together with a large 
and growing number of civic associations.

    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government generally respected this right in 
practice; however, there were some exceptions.
    In general the Law on Religious Congregations governs relations 
between the Government and religious groups. Religious groups must be 
approved and registered with the Ministry of Territorial Administration 
to function legally; there were no reports that the Government refused 
to register any group. It was illegal for a religious group to operate 
without official recognition, but the law prescribes no specific 
penalties for doing so. The approval process usually takes several 
years, due primarily to administrative delays. The only religious 
groups known to be registered were Christian and Muslim groups and the 
Baha'i Faith; additional groups may be registered. The Ministry stated 
that the number of registered religious denominations was 38. The 
Government did not register traditional religious groups on the grounds 
that the practice of traditional religion was a private concern 
observed by members of a particular ethnic or kinship group or the 
residents of a particular locality.
    Government officials disapproved of and questioned criticism of the 
Government by religious institutions and leaders; however, there were 
no reports that officials used force to suppress such criticism.
    The sites and personnel of religious institutions were not exempt 
from the human rights abuses committed by government security forces; 
however, there were fewer reports of such abuse than in previous years.
    The practice of witchcraft is a criminal offense under the law; 
however, individuals generally were prosecuted for this offense only in 
conjunction with another offense, such as murder. Witchcraft 
traditionally has been a common explanation for diseases of unknown 
cause.
    On March 25, 6-year-old Manuella Cynthia Selam Tiave allegedly was 
tortured and killed by her mother and two other members of the Malla'a 
sect. The alleged purpose of the ``session'' was to follow the 
prescription of the sect's goddess and rid the girl of a demon that 
possessed her soul. In early April, the Prefet of Wouri Divison banned 
the Malla'a sect because of the alleged murder.
    On July 26, the GSO, a special Yaounde police unit, arrested 21-
year-old Robert Ndoumbe Elimbi for the April 2001 murder of Appolinaire 
Ndi, a parish priest in the Yaounde diocese. Elimbi remained in 
detention at year's end.
    There were no developments in the May 2001 case of the shooting 
death of Father Henri Djeneka.
    In the northern provinces, especially in rural areas, societal 
discrimination by Muslims against persons who practiced traditional 
indigenous religions was strong and widespread. Some Christians in 
rural areas of the north complained of discrimination by Muslims; 
however, no specific incidents or violence stemming from religious 
discrimination were reported, and the reported discrimination may 
reflect ethnic as much as religious differences.
    For a more detailed discussion see the 2002 International Religious 
Freedom Report.

    d. Freedom of Movement Within the Country, Foreign Travel, 
Emigration, and Repatriation.--The law provides for these rights; 
however, in practice security forces routinely impeded domestic travel.
    Roadblocks and checkpoints manned by security forces have 
proliferated in cities and most highways making road travel both time-
consuming and costly, since extortion of small bribes was commonplace 
at these checkpoints. Police frequently stopped travelers to check 
identification documents, vehicle registrations, and tax receipts as 
security and immigration control measures. During the year, security 
forces injured persons they thought were evading checkpoints. For 
example, on April 10, a gendarme shot 32-year-old Francis Akondi 
Ndanle, a Bamenda, North West Province, taxi driver that he thought was 
trying to evade a checkpoint. Although the gendarme was not arrested, 
the North West Gendarmerie Legion conducted an investigation, the 
results of which were unknown at year's end.
    There were credible reports that police arrested and beat 
individuals who failed to carry their identification cards (see 
Section.f.).
    During the year, authorities confiscated the passports of several 
human rights activists (see Section 4). For example, on June 16, Douala 
airport police confiscated the passport, national identification card, 
and driving license of human rights activist and publisher of Le 
Messager newspaper, Pius Njawe, when he returned from a trip to 
England. No justification was given. On June 19, Njawe's papers were 
returned to him.
    There were no curfews imposed during the year.
    The law provides for the granting of asylum and refugee status in 
accordance with the 1951 U.N. Convention Relating to the Status of 
Refugees and its 1967 Protocol. The Government cooperated with the 
office of the U.N. High Commissioner for Refugees (UNHCR) and other 
humanitarian organizations in assisting refugees. The Government 
provided first asylum to persons who arrived at the border without 
documentation but who could show a valid claim to refugee status. In 
February approximately 21,000 Fulanis fleeing Nigeria entered the 
country. Approximately 5,000 to 6,000 Chadians were repatriated during 
the year. In November the UNHCR reported a total of 56,000 refugees, 
including 39,000 Chadians and 15,000 Nigerians. Other refugees mainly 
were from Rwanda, Burundi, and the Democratic Republic of the Congo, 
with small numbers from Liberia, Sudan, and Ethiopia. The Government 
accepted refugees for resettlement who were granted refugee status by 
the UNHCR.
    The UNHCR office in Gabon was responsible for refugees. However, in 
early May, UNHCR West and Central Africa Bureau Chief Bah Thierno Oumar 
stated that the UNHCR intended to reopen its office in the country 
following the flow of more than 21,000 refugees fleeing ethnic unrest 
in Nigeria's Taraba State. The office was expected to reopen in early 
2003 (see Section 4).
    Some illegal immigrants were subjected to harsh treatment and 
imprisonment. Communities of Nigerians and Chadians often were the 
targets of police and gendarme harassment. During raids members of the 
security forces often extorted money from those who did not have 
regular residence permits or those who did not have valid receipts for 
store merchandise.
    There were no confirmed 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 that citizens have the right to change 
their government; however, dominance of the political process by the 
President and his party severely limited the ability of citizens to 
exercise this right. President Paul Biya has controlled the Government 
since 1982 and led the ruling CPDM party since 1985. Both international 
and domestic observers widely criticized and viewed as fraudulent the 
1997 presidential and legislative elections. In these elections, 
administered by the Ministry of Territorial Administration, members of 
largely pro-opposition ethnic groups and inhabitants of largely pro-
opposition localities effectively were prevented from registering and 
voting, registration and vote counting procedures were not transparent, 
a public announcement of results was delayed, and the number of votes 
cast in some pro-government areas exceeded the adult population.
    The 1996 amendments to the 1972 Constitution retained a strongly 
centralized system of power based on presidential authority; however, 
the amendments imposed a limit of two 7-year terms on the President. 
They provided for the creation of a partially elected (70 percent) and 
partially appointed (30 percent) Senate along with the creation of a 
similarly constituted set of provincial assemblies with limited power 
over local affairs. The Senate and regional council amendments were not 
yet implemented by year's end. In the National Assembly, no bills other 
than government bills have been enacted since 1991, although the 
Assembly sometimes has not enacted legislation proposed by the 
Government.
    Elections were held by balloting that officially was described as 
secret but permitted voters to leave the polling place with evidence of 
how they voted. At polling places on election day, registered citizens 
received a package containing one card for each candidate. While alone 
inside a closed booth, citizens chose a ballot and sealed it into an 
envelope. Citizens then deposited the sealed envelope into a ballot box 
outside the booth. In previous elections, citizens could not dispose of 
their ballots privately; however, during the legislative and municipal 
elections, polling officials provided trash bags so that voters could 
dispose of unused ballots privately before exiting the closed booth.
    President Biya's October 1997 reelection was marred by serious 
procedural flaws as well as a boycott by the three major opposition 
parties. While the boycott made the outcome a foregone conclusion, most 
observers nonetheless considered the election to be neither free nor 
fair. Election irregularities especially were egregious in opposition 
strongholds where boycotting opposition activists were not present to 
monitor voting procedures. The Supreme Court declared President Biya 
the winner with 92.57 percent of the vote, and the UNDP, which 
previously had been an opposition party, joined the CPDM in a coalition 
government that included a faction of the UPC party.
    The President's control over the country's administrative apparatus 
was extensive. The President appoints all Ministers including the Prime 
Minister. On August 24, President Biya reshuffled his cabinet to bring 
in 18 new ministers, 16 of whom were CPDM members. The President also 
directly appoints the governors of each of the 10 provinces. The 
governors in turn wield considerable power in the electoral process, 
interpreting and implementing the laws. The President also has the 
power to appoint important lower level members of the 58 provincial 
administrative structures, including the senior divisional officers, 
the divisional officers, and the district chiefs. The governors and 
senior divisional officers wield considerable authority within the 
areas under their jurisdiction, including the authority to ban 
political meetings that they deem likely to threaten public order (see 
Section 2.b.). They also may detain persons for renewable periods of 15 
days to combat banditry and other security threats (see Section 1.d.).
    The right of citizens to choose their local governments remained 
circumscribed. The Government has increased greatly the number of 
municipalities run by presidentially appointed delegates, who have 
authority over elected mayors. Delegate-run cities included most of the 
provincial capitals and some division capitals in pro-opposition 
provinces; however, this practice was nonexistent in the southern 
provinces, which tended to support the CPDM. However, in municipalities 
with elected mayors, local autonomy was limited since elected local 
governments relied on the central government for most of their revenue 
and administrative personnel.
    In 2001 the President signed a law that provides for the creation 
of the National Election Observatory (NEO) to supervise electoral 
procedure from the registration of voters to the collection of reports 
after the polls; all polling stations were expected to have a 
representative from the NEO. The law also provides that the NEO should 
have a presidentially appointed national office to appoint local 
offices at the levels of provinces, divisions, subdivisions, and 
districts. A presidential decree appointed the NEO's members in October 
2001. The President postponed scheduled January municipal elections to 
June, ostensibly to give the NEO time to ensure free and fair 
elections. The NEO demonstrated a high level of political independence, 
facilitated voter registration, and encouraged free media access for 
opposition candidates. The President postponed the elections for 
another week after the opening of polls on June 23 since the 
administration failed to distribute electoral materials.
    Legislative and municipal elections were held on June 30. The 
postponement of the elections contributed to low voter turnout. The 
ruling CPDM gained seats in municipal councils and in the National 
Assembly, it won 150 of 180 seats. The election results largely 
reflected the will of the people; however, there was much 
disorganization and some fraud. The Catholic Church, which observed the 
elections along with NEO, reported several election irregularities, 
including corruption, ghost polling stations, and discriminatory voter 
registration. NEO also admitted to administrative deficiencies in voter 
registration. Following the election, six opposition parties reported 
massive fraud and boycotted the municipal councils and the National 
Assembly. On July 18, the Supreme Court annulled legislative election 
results in nine divisions, in which the CPDM had won eight seats. The 
Court rescheduled elections in these divisions to occur within 60 days; 
they took place on September 15. On September 7, the Court also 
annulled the results for municipal elections in 17 districts due to 
violence, consisting mostly of fighting between political party members 
and polling station or ruling party officials, looting, and 
intimidation in those elections that largely were won by the CPDM.
    There were no laws that specifically prohibit women or members of 
minorities from participating in government, the political process, or 
other areas of public life. Women held 16 of 180 seats in the National 
Assembly, 3 of 50 cabinet posts, and a few of the higher offices within 
the major political parties, including the CPDM.
    Many of the key members of the Government were drawn from the 
President's own Bulu/Beti ethnic group, as were disproportionately 
large numbers of military officers and CPDM officials. Members of some 
of the other 200 ethnic groups held 39 cabinet seats, compared with 16 
cabinet positions held by members of the President's ethnic group. The 
Biya government has proven particularly intolerant of opposition from 
within its Beti/Bulu ethnic-regional base in the Center Province.

Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A number of domestic and international human rights groups 
generally operated without government restriction, investigating and 
publishing findings on human rights cases; however, government 
officials repeatedly impeded the effectiveness of human rights NGOs 
during the year by limiting access to prisoners, refusing to share 
information, and increasingly threatening and using violence against 
personnel of human rights NGOs (see Section 1.d.). The activities of 
virtually all of these groups were limited by a shortage of funds and 
trained personnel. Observers have criticized the country's NGO laws for 
giving the Government loopholes with which it could deny authorization 
to operate or eliminate NGOs by decree.
    Domestic human rights NGOs included the National League for Human 
Rights, the Organization for Human Rights and Freedoms, the Association 
of Women Against Violence, the Cameroonian Association of Female 
Jurists, the Cameroonian Association for Children's Rights, Conscience 
Africaine (Nouveaux Droits de l'Homme), the Movement for the Difference 
of Human Rights and Liberties, the Human Rights Defense Group (HRDG), 
the National Association of Nontribalists and Nonracists, the Committee 
of Action for Women's and Children's Rights, the Human Rights Clinic 
and Education Center, the Association of Women against Violence (ALVF), 
the Cameroon National Association for Family Welfare, Tribes Without 
Frontiers, the Association for the Promotion of Communal Initiatives, 
and the League for Rights and Freedoms. Many of these groups held 
seminars and workshops on various aspects of human rights.
    On January 16, security forces from the National Center for 
External Research arrested Abdoulaye Math, President of the Movement 
for the Defense of Freedom and Human Rights, in Yaounde. Math was 
arrested on his way to Ireland, where he was scheduled to deliver a 
speech on human rights in Cameroon. He was detained for 5 hours and his 
passport was confiscated. On September 28, members of the gendarmerie 
arrested Albert Mukong, former executive director of the HRDG in 
Ayukaba, Southwest Province (see Section 1.d.).
    In late January, six international NGOs, Lawyers without Borders, 
the International Federation of Human Rights Leagues, the International 
Federation of the Action of Christians for the Abolition of Torture, 
Agir Ensemble, Reporters without Borders, and the World Organization 
Against Torture traveled to the country to investigate reported 
egregious acts perpetrated by the Operational Command. While they were 
able to meet with local NGOs and a representative of the Government's 
NCHRF, the group had no other contacts with government officials.
    In June Mary Robinson, the U.N. High Commissioner for Human Rights 
visited the country. Robinson held meetings with Prime Minister Peter 
Mafany Musonge and other government officials. She also inaugurated the 
Central African Sub-regional Center for Human Rights in Yaounde.
    The Government-established NCHRF, although hampered by a shortage 
of funds, conducted a number of investigations into human rights 
abuses, visited prisons, and organized several human rights seminars 
aimed at judicial officials, security personnel, and other government 
officers. Although the Commission infrequently criticized the 
Government's human rights abuses publicly, its staff intervened with 
government officials in specific cases of human rights harassment by 
security forces, attempted to stop Friday arrests (see Section 1.d.), 
and attempted to obtain medical attention for jailed suspects in 
specific cases. The law prohibits the NCHRF from publishing information 
on specific human rights cases; however, it may and does submit reports 
on specific alleged abuses to the authorities directly involved, along 
with recommendations for improving conditions or punishing violators. 
In April the NCHRF sent a team to Bafoussam to investigate the alleged 
disappearance of nine bandits who were detained in gendarmerie cells 
(see Section 1.b.).
    The UNHCR, which ceased operations in the country in December 2001, 
was scheduled to reopen an office in early 2003 (see Section 2.d.).

Section 5. Discrimination Based on Race, Sex, Disability, Language, or 
        Social Status
    The Constitution does not explicitly forbid discrimination based on 
race, language, or social status. The Constitution prohibits 
discrimination based on sex and mandates that ``everyone has equal 
rights and obligations''; however, the Government did not enforce these 
provisions effectively.

    Women.--Domestic violence against women was common. Women's rights' 
advocates reported that the law does not impose effective penalties 
against men who commit acts of domestic violence. There were no gender-
specific assault laws, despite the fact that women were the predominant 
victims of domestic violence. Spousal abuse was not a legal ground for 
divorce. In cases of sexual assault, a victim's family or village often 
imposed direct, summary punishment on the suspected perpetrator through 
extralegal means, ranging from destruction of property to beating. 
While there were no reliable statistics on violence against women, a 
large number of newspaper reports indicated that the phenomenon was 
widespread.
    Female genital mutilation (FGM) was not practiced widely. However, 
it continued to be practiced in 3 of the 10 provinces, including some 
areas of Far North, Eastern, and Southwest Provinces. Internal 
migration contributed to the spread of FGM to different parts of the 
country. The majority of FGM procedures were clitorectomies; however, 
the severest form of FGM, infibulation, was performed in the Kajifu 
region of the Southwest Province. FGM usually was practiced on infants 
and preadolescent girls. The Government has criticized the practice; 
however, no law prohibits FGM. The ALVF conducted a program in Maroua 
to assist female victims of FGM and their families and to educate local 
populations.
    Despite constitutional provisions recognizing women's rights, women 
did not enjoy the same rights and privileges as men. Civil law 
theoretically provides equal status and rights for men and women; 
however, no legal definition of discrimination exists, and some points 
of civil law were prejudicial to women. The law allows a husband to 
oppose his wife's right to work in a separate profession if the protest 
is made in the interest of the household and the family. While the law 
gives a woman the freedom to organize her own business, the law allows 
a husband to end his wife's commercial activity by notifying the clerk 
of commerce tribunal of his opposition based upon the family's 
interest. Partly for this reason, some employers required a husband's 
permission before hiring female employees.
    Civil law offered a more equal standard than customary law, which 
was far more discriminatory against women, since in many regions a 
woman customarily was regarded as the property of her husband. Because 
of the importance attached to customs and traditions, laws protecting 
women often were not respected. Despite the law that fixes a minimum 
age of 15 years for a bride, many families married young girls by the 
age of 12 years. In the customary law of some ethnic groups, husbands 
not only maintained complete control over family property, but also 
could divorce their wives in a traditional court without being required 
to provide either verifiable justification or alimony. Polygyny was 
permitted by law and tradition, but polyandry was not. In cases of 
divorce, the husband's wishes determined the custody of children over 
the age of 6. While a man may be convicted of adultery only if the 
sexual act takes place in his home, a female may be convicted without 
respect to venue.
    Traditional law normally governed the extent to which a woman may 
inherit from her husband in the absence of a will, and traditions 
varied from group to group. In many traditional societies, custom 
grants greater authority and benefit to male heirs than to female 
heirs. Women also faced the issue of forced marriage; in some regions, 
girls' parents could and did give girls away in marriage without the 
bride's consent. Often the husband, who could be many years older than 
his bride, paid his wife's parents a ``bride price.'' Since a price had 
been paid, the girl was considered the property of the husband. When a 
married man died, his widow often was unable to collect any 
inheritance, since she herself was considered part of the man's 
property. Often the widow was forced to marry one of the deceased's 
brothers. Refusal meant that she had to repay the bride price in full 
and leave the family compound. In the northern provinces, some Lamibe 
(traditional rulers) reportedly prevented their wives and concubines 
from leaving the palace. The lack of a national legal code covering 
such family issues often left women defenseless against these male-
oriented customs.

    Children.--The Constitution provides for a child's right to 
education, and schooling was mandatory through the age of 14 years. The 
Government took measures during the year to improve access to schools. 
Since parents had to pay uniform and book fees for primary school, and 
because tuition and other fees for secondary education remained costly 
despite the elimination of tuition fees for public elementary schools, 
education largely was unaffordable for many children. According to 
statistics published in September in the Cameroon Tribune, 
approximately 4.5 million children, or 85 percent of all children, were 
enrolled in school; however, school enrollment varied widely by region. 
In the Far North Province, it was reported that well below 50 percent 
of children attended school; the majority of attendees were boys.
    Though illegal, in practice girls continued to suffer from 
discrimination and access to education throughout the country. The gap 
in school attendance was 14 percent nationally and 34 percent in the 
two most northern provinces. This problem, which especially was acute 
in rural areas, resulted in higher levels of illiteracy among women 
than men.
    The exact degree of familial child abuse was not known; however, 
the problem was one of several issues targeted by children's rights 
organizations. During a crime wave in the country's largest cities of 
Yaounde and Douala, newspaper reports often cited children as victims 
of kidnaping, mutilation, and even infanticide. There were several 
credible stories of mothers (usually young, unemployed, and unmarried) 
abandoning their newborns in streets, garbage cans, and pit toilets. In 
2001 the Yaounde-based Center for Helpless Children harbored 24 
abandoned or abused children, a small fraction of the suspected cases 
of abused, abandoned, or neglected children.
    Early marriage was prevalent in the northern provinces of Adamawa 
and North, but especially characteristic of the remote Far North 
Province where many young women faced severe health risks from 
pregnancies as early as 13. Authorities were becoming increasing 
concerned about this situation. In March the Governor of Adamawa 
Province called on parents to stop giving young girls in marriage to 
men old enough to be their grandparents.
    FGM was performed primarily on young girls (see Section 5, Women).
    There were reports of child prostitution and trafficking in 
children during the year (see Section 6.f.).

    Persons with Disabilities.--The law provides certain rights to 
persons with disabilities, including access to public institutions, 
medical treatment, and education. The Government was obliged to bear 
part of the educational expense of persons with disabilities, to employ 
them where possible, and to provide them with public assistance when 
necessary; however, the Government rarely respected these rights. There 
were few facilities for persons with disabilities and little public 
assistance of any kind. Lack of facilities and care for persons with 
mental disabilities particularly was acute. In recent years, the 
Government reportedly has reduced the share of its expenditures 
benefiting persons with disabilities and has terminated subsidies to 
NGOs that helped them. Society largely tended to treat those with 
disabilities as misfits, and many felt that providing assistance was 
the responsibility of churches or foreign NGOs. The law does not 
mandate special access provisions to private buildings and facilities 
for persons with disabilities.
    In August 2001, the Littoral National Education provincial 
officials threatened to expel members of the Cooperative of the 
Handicapped Persons of Cameroon from a building in which they were 
believed to be squatting. The Cooperative claimed the structure 
officially was given to them by the Provincial Delegation of the 
Ministry of Social Affairs. The National Education officials ultimately 
ceased the threats.
    In September 2001, several blind persons blocked the road junction 
in Yaounde between the Ministry of Education and the Prime Minister's 
office asking to speak to the Prime Minister about the eviction of 
several blind persons from a building in which they were living 
illegally. The Prime Minister refused to meet with the group, and the 
group was expelled from the building early in the year.

    Indigenous Persons.--A population of approximately 50,000 to 
100,000 Baka (Pygmies), a term that encompasses several different 
ethnic groups, primarily resided (and were the earliest know 
inhabitants) in the forested areas of the South and East provinces. 
While no legal discrimination exists, other groups often treated the 
Baka as inferior and sometimes subjected them to unfair and 
exploitative labor practices. There were credible reports that logging 
companies and security forces forced Baka out of their homes. Baka 
reportedly continued to complain that the forests they inhabit were 
being logged without fair compensation. Some observers believe that 
sustained logging was destroying the Baka's unique, forest-oriented 
belief system, forcing them to adapt their traditional social and 
economic systems to a more rigid modern society similar to their Bantu 
neighbors. Local Baka along the proposed path of the Chad-Cameroon 
pipeline continued to complain that they were not compensated fairly 
for their land. Others alleged that they have been cheated of their 
compensation by persons posing as Baka representatives.
    An estimated 95 percent of Baka did not have national identity 
cards; most Baka could not afford to provide the necessary 
documentation in order to obtain national identity cards, which were 
required to vote in national elections.
    The Government made some efforts toward improving the condition of 
Baka and making them full citizens. In January the Ministry of Social 
Affairs, the ILO, and a group of NGOs met in Abong-Mbang, Upper Nyong 
Division, East Province, to put in place strategies for the socio-
economic advancement of the Baka. A second conference was held in 
November, but no concrete results were reported by year's end.

    National/Racial/Ethnic Minorities.--The population was divided into 
more than 200 ethnic groups, among which there were frequent and 
credible allegations of discrimination. Ethnic groups commonly gave 
preferential treatment to fellow ethnic group members both in business 
and social practices.
    Members of President Biya's Bulu ethnic group and of the closely 
related Beti groups of southern parts of the country held key positions 
and disproportionately were represented in government, civil service, 
state-owned businesses, the security forces, the military, and the 
ruling CPDM party. The large size and centralized character of the 
public sector long has been perceived widely to favor these two groups. 
Prospective economic and political liberalization was perceived as 
potentially harmful to these groups and potentially favorable to other 
groups such as the large Bamileke and Anglophone ethnic-cultural groups 
of the west whose members tended to be more active in private commerce 
and industry.
    Northern areas of the country suffered from ethnic tensions between 
the Fulani (or Peuhl) and the Kirdi. The Kirdi remained socially, 
educationally, and economically disadvantaged relative to the Fulani in 
the three northern provinces. Traditional Fulani rulers, called Lamibe, 
continued to wield great power over their subjects, often including 
Kirdi, sometimes subjecting them to tithing and forced labor. Slavery 
still practiced in northern parts of the country was reported largely 
to be Fulani enslavement of Kirdi. Although the UNDP party was based 
largely in the Fulani community, the ruling CPDM party has a history 
representing Fulani as well as Beti-Bulu interests.
    Since 1990 natives of the two Anglophone provinces, the Northwest 
and Southwest Provinces, have tended to support opposition party SDF 
and have suffered disproportionately from human rights violations 
committed by the Government and its security forces. The Anglophone 
community largely was underrepresented in the public sector. 
Anglophones generally believed that they had not received a fair share 
of public sector goods and services within their two provinces. Many 
residents of the Anglophone region sought greater freedom, equality of 
opportunity, and better government by regaining regional autonomy 
rather than through national political reform and have formed several 
quasi-political organizations in pursuit of their goals.
    At least one Anglophone group, the SCNC, advocates secession from 
the country. Subsequent to strident secessionist activity in 1999, the 
SCNC has calmed considerably; however, the Government continued to hold 
some SCNC activists or suspected SCNC supporters in detention without 
trial. The opposition SDF party, whose base of support resides in the 
Anglophone provinces, reiterated its commitment to pursue a nonviolent 
political struggle toward the restoration of a federal republic.
    Members of the country's large community of Nigerian immigrants 
often complained of discrimination and abuse by government officials 
(see Section 2.d.). Government officials repeatedly have announced 
crackdowns on undocumented Nigerian immigrants.

Section 6. Worker Rights

    a. The Right of Association.--The law allows workers both to form 
and join trade unions; however, it imposes numerous restrictions. The 
law requires that unions register with the Government, permitting 
groups of at least 20 workers to organize a union by submitting a 
constitution, internal regulations, and non-conviction certifications 
for each founding member. For unions in the private sector, the 
Government requires registration with the Ministry of Labor, Employment 
and Social Insurance. Unions for public sector workers must register 
with the Ministry of Territorial Administration. The law does not 
permit the creation of a union that includes both public and private 
sector workers.
    The Government indicated that it remits certification within 1 
month of union application; however, in practice independent unions, 
especially in the public sector, have found it difficult to obtain 
registration. In addition, the requirement for union registration 
apparently contradicts the International Labor Organization (ILO) 
Convention 87, which the country signed in 1960. The Convention states 
that unions have the right to exist through declaration not through 
government recognition or registration. Registered unions were subject 
to government interference. The Government chose the unions with which 
it would bargain; some independent unions accused the Government of 
creating small non-representative unions amenable to government 
positions and with which it could negotiate more easily. Some sections 
of labor law have not taken effect because the presidency had not 
issued implementing decrees.
    There were two trade union confederations: The Confederation of 
Cameroonian Trade Unions (CCTU) and the Union of Free Trade Unions of 
Cameroon (USLC). In 2000 the Ministry of Labor, Employment and Social 
Insurance publicly began to support a faction of the CCTU; however, a 
court declared illegal an August 2001 ``unity'' conference attended by 
400 members of the faction. The court stated that only the nationally 
(and legally) recognized body of CCTU had the power to convoke CCTU 
conferences.
    The law prohibits antiunion discrimination, and employers guilty of 
such discrimination were subject to fines up to approximately $1,600 (1 
million CFA francs). However, employers found guilty were not required 
to compensate the workers against whom they discriminated or to 
reinstate fired workers. The Ministry of Labor has not reported any 
complaints of such discrimination during recent years; however, one 
organizer of the Union for Telecommunications Workers has claimed that 
his state-owned company demoted him due to union activism. The 
Confederation of Independent Trade Unions of Cameroon at SONEL 
complained to the ILO in 1998, on behalf of staff delegate Olongo, that 
he was dismissed in 1988 because of his union activity, that the Court 
of Appeals' ruling in favor of his reinstatement was suspended by the 
Supreme Court, and that he had been unable to obtain a final judgment. 
During the year, the ILO Committee of Experts noted that 14 years after 
the dismissal, Mr. Olongo still was waiting for some form of 
compensation and urged the Government to take all necessary measures to 
ensure that he receive full compensation for his wrongful dismissal.
    The CCTU was a member of the Organization of African Trade Unions 
and the International Confederation of Free Trade Unions. The USLC was 
a member of the Organization of African Trade Unions.

    b. The Right to Organize and Bargain Collectively.--The law 
provides for collective bargaining between workers and management as 
well as between labor federations and business associations in each 
sector of the economy; however, no formal collective bargaining 
negotiations have taken place since 1996. When labor disputes arose, 
the Government chose the labor union with which it would negotiate, 
selectively excluding some labor representatives. Once agreements were 
negotiated, there was no mechanism to enforce implementation; some 
agreements between the Government and labor unions were ignored by the 
Government subsequent to negotiation.
    The Labor Code explicitly recognizes workers' right to strike but 
only after mandatory arbitration. Arbitration decisions legally were 
not enforceable and could be overturned or simply ignored by the 
Government. On March 26, the Minister of Labor held a meeting with the 
Labor National Consultative Committee in an attempt to streamline the 
proceedings for convoking a strike, which requires amending Articles 
157 through 165 of the Labor Code. Meeting results were not made public 
at year's end.
    The law provides for the protection of workers engaged in legal 
strikes and prohibits retribution against them; however, these 
provisions of the law do not apply to civil servants, employees of the 
penitentiary system, or workers responsible for national security. 
Instead of strikes, civil servants were required to negotiate 
grievances directly with the minister of the appropriate department in 
addition to the Minister of Labor.
    Labor unrest continued during the year. There were strikes by 
workers in various state-owned companies as well as the public service 
sector. Secondary teachers observed sporadic strikes throughout the 
2001-2002 academic year. For several years, teachers demanded promised 
salary bonuses, and typically the Government agreed that the bonuses 
will come at the end of the year, then did not follow through on the 
promise.
    From December 2001 to March, Cameroonian workers of Doba Logistics, 
a company involved in the construction of the Chad-Cameroon pipeline, 
staged a strike demanding better pay. The workers complained of 
discrimination because they believed that their expatriate counterparts 
received higher salaries. On March 10, management agreed to a salary 
increase.
    On August 19, police officers in Douala's Bonamoussadi neighborhood 
arrested two taxi drivers, 30-year-old Jacques Ngagnang and 27-year-old 
Clement Casimir Ewondo, on charges of attempting to provoke a strike. 
On the morning of August 19, Ngagnang, Ewondo, and other taxi drivers 
started a strike in protest of the new Ministry of Transportation 
requirement that all taxi drivers must carry a badge in their vehicles 
in order to be easily identified by their clients and to increase taxi 
security. The taxi drivers thought the cost of the badge, $8 (5,000 CFA 
francs) was too high. On August 21, a Douala prosecutor interrogated 
the striking taxi driver group and subsequently ordered their detention 
and transfer to the New Bell Central prison where they awaited trial at 
year's end. Various press reports have stated that Douala's Wouri 
Division Prefet (Senior Divisional Officer) ordered the driver's 
detention.
    On August 19, in Garoua, North Province, bus and bush-taxi owners 
observed a 24-hour strike to protest police harassment.
    There was an industrial free trade zone, but the Government has not 
granted approval to any firms to take part in the zone. Free trade zone 
employers were exempt from some provisions of the Labor Code but must 
respect all internationally recognized worker rights.

    c. Prohibition of Forced or Bonded Labor.--The law prohibits forced 
or bonded labor; however, it occurred in practice. The authorities 
continued to allow prison inmates to be contracted out to private 
employers or used as communal labor for municipal public works.
    There were credible reports that slavery continued to be practiced 
in northern parts of the country, including in the Lamidat of Rey 
Bouba, a traditional kingdom in the North Province (see Section 5). In 
the South and East Provinces, some Baka (Pygmies), including children, 
continued to be subjected to unfair and exploitative labor practices by 
landowners, working on the landowners' farms during harvest seasons 
without payment (see Section 5).
    The Government does not expressly prohibit forced and bonded labor 
by children; there were reports that these practices occurred (see 
Section 6.f.).

    d. Status of Child Labor Practices and Minimum Age for 
Employment.--The law generally protects children in the field of labor 
and education and specifies penalties ranging from fines to 
imprisonment for infringement. In April 2001, President Biya ratified 
ILO Convention 138 that sets a minimum age of 14 for child employment. 
The law also bans night work and enumerates tasks that cannot be 
performed legally by children between the ages of 14 and 18 years. 
These tasks included moving heavy weights, dangerous and unhealthy 
tasks, working in confined areas, and prostitution. The law also states 
that a child's workday cannot exceed 8 hours. Employers were required 
to train children between the ages of 14 and 18, and work contracts 
must contain a training provision for minors. The law prohibits 
children from working before 6 a.m. or after midnight, though this 
prohibition was not enforced effectively.
    According to a 2000 ILO study conducted in conjunction with local 
NGOs and the Ministry of Labor, child labor remained a serious problem, 
although the Government has made some progress toward its amelioration. 
In February the Government, along with the African Soccer Confederation 
(CAF), promoted the radio-televised ``red-card'' campaign against child 
labor. In the nation's major cities of Yaounde, Douala, and Bamenda the 
ILO estimated in 2000 that 40 percent of employed children were girls, 
7 percent were less than 12 years of age, and 60 percent had dropped 
out of primary school.
    The Ministry of Social Affairs and the Ministry of Labor were 
responsible for enforcing existing child labor laws through site 
inspections of registered businesses; however, lack of resources 
inhibited an effective inspection program. Moreover, the legal 
prohibitions do not include family chores, which in many instances were 
beyond a child's capacity. According to the ILO study, child labor 
existed chiefly in urban areas and in the informal sector such as 
street vending, car washing, agricultural work, and domestic service. 
An increasing number of children worked as household help and some 
children were involved in prostitution. In the north of the country, 
there were credible reports that children from needy homes were placed 
with other families to do household work for pay.
    In rural areas, many children began work at an early age on family 
farms. Parents viewed child labor as both a tradition and a rite of 
passage. Often, relatives employed rural youth, especially girls, as 
domestic helpers. Many urban street vendors were less than 14 years of 
age.
    On May 27, President Biya ratified ILO Convention 182 on the worst 
forms of child labor.
    The Government does not prohibit forced and bonded labor by 
children, and there were reports that it occurred in practice (see 
Section 6.f.).

    e. Acceptable Conditions of Work.--Under the law, the Ministry of 
Labor was responsible for setting a single minimum wage nationally 
applicable in all sectors. The minimum wage was approximately $40 
(23,514 CFA francs) per month. The wage did not provide for a decent 
standard of living for an average worker and family.
    The law establishes a standard workweek of 40 hours in public and 
private nonagricultural firms and 48 hours in agricultural and related 
activities. The law mandates at least 24 consecutive hours of weekly 
rest.
    The Government sets health and safety standards. Ministry of Labor 
inspectors and occupational health physicians were responsible for 
monitoring these standards; however, they lacked the resources for a 
comprehensive inspection program. There was no specific legislation 
permitting workers to extricate themselves from dangerous work 
situations without jeopardizing continued employment. Illegal foreign 
workers were not able to claim legal protections.

    f. Trafficking in Persons.--The law provides that any person who 
engages in any form of trafficking in persons shall be punished by 10 
to 20 years of imprisonment; however, trafficking was a problem. The 
court also may impose a forfeiture penalty on any person who engages in 
trafficking. The country was a source, transit, and destination point 
for internationally trafficked persons; trafficking also occurred 
within the country. In 2000 the Government signed, but has not yet 
ratified, a U.N.-sponsored protocol on trafficking in persons.
    The Government has criticized the practice of trafficking in 
persons, and the Ministry of Labor, Employment, and Social Insurance 
was primarily responsible for fighting trafficking. However, that 
Ministry severely was underfunded. There were no known cases of 
prosecution of traffickers or protection of victims by year's end. The 
Government established an interagency committee to combat trafficking 
and has developed a program to find and return trafficked children. The 
budget for the launching of the Government's interagency action plan to 
fight trafficking was scheduled for a vote during the June 2001 budget 
session in the National Assembly; however, that chapter was omitted in 
the draft budget. Unless the President is able to appropriate funding, 
implementation will continue to be delayed.
    During the year, in collaboration with the ILO, the Government 
hired a consultant to conduct a new investigation assessing the level 
of national trafficking. In September the ILO launched a study 
assessing forced labor.
    An ILO study conducted in 2000 in Yaounde, Douala, and Bamenda, 
revealed that trafficking accounted for 84 percent of child laborers 
(see Section 6.d.). In most cases, intermediaries presented themselves 
as businessmen, approaching parents with large families or custodians 
of orphans and promising to assist the child with education or 
professional training. The intermediary paid parents an average of $8 
(6,000 CFA francs) before taking the child and then transporting him or 
her to a city where the intermediary would subject the child to forced 
labor for little remuneration. In 4 out of 10 cases, the child was a 
foreigner transported to the country for labor. The report also 
indicated that Cameroon was a transit country for regional traffickers 
as well, transporting children between Nigeria, Benin, Niger, Chad, 
Togo, the Republic of the Congo, and the Central African Republic for 
indentured or domestic servitude, farm labor, and sexual exploitation. 
Citizens also were trafficked to South Africa. Children also were 
trafficked within the country. Parents sometimes offered their young 
daughters to the Lamido (chief) of the North Province of the Rey Bouba 
as gifts.
    While there has been no published extensive study on trafficking in 
adult persons, anecdotal evidence from the NCHRF and others indicates 
that trafficking primarily in women also may exist. Women were 
``hired'' into hubs of prostitution, often in Europe. The method for 
trafficking women usually involved a marriage proposition by a foreign 
businessman. The woman was inducted into servitude upon arrival at a 
foreign destination.
    The Government was working with local and international NGOs to 
provide temporary shelter and assistance to victims of trafficking. In 
August the Catholic Relief Service designed the project ``Nkeng-
Shalom'' to combat corruption in local schools that led to child 
prostitution.
                               __________

                               CAPE VERDE

    Cape Verde is a multiparty parliamentary democracy in which 
constitutional powers were shared among the elected Head of State, 
President Pedro Verona Rodrigues Pires, former president of the African 
Party for the Independence of Cape Verde (PAICV); the head of 
government, Prime Minister Jose Maria Neves; and Neves' party, the 
PAICV. In January 2001, Pires was elected by a slim margin of 12 votes 
over the country's former prime minister and Movement for Democracy 
(MPD) president, Carlos Veiga, in what the National Electoral 
Commission and international media judged to be free and fair 
elections. The judiciary generally was independent.
    The Government controlled the police, which had primary 
responsibility for maintenance of law and order. Some members of the 
police and prison guards committed human rights abuses.
    The country had a market-based economy but little industry and few 
exploitable natural resources. In 2000 per capita income was $1,330. 
The country had a long history of economically driven emigration, 
primarily to Western Europe and the United States, and remittances from 
citizens abroad remained an important source of income. The country 
produced food for only 15 percent of its population of 468,200, which 
resulted in heavy reliance on international food aid.
    The Government generally respected the human rights of its 
citizens; however, there were problems in some areas. Despite 
government efforts to control beatings by police officers, there 
continued to be credible reports of police abuse. Prison conditions 
were poor. The judicial system was overburdened, and lengthy delays in 
trials were common. There were some limitations on press freedom, and 
there continued to be allegations of media self-censorship. Violence 
and discrimination against women and mistreatment of children continued 
to be serious problems. Although the Government supported legislation 
to correct these problems, it failed to adopt, implement, and enforce 
policies designed to address the most critical challenges. There were 
reports of trafficking in persons. Cape Verde was invited by the 
Community of Democracies' (CD) Convening Group to attend the November 
2002 second CD Ministerial Meeting in Seoul, Republic of Korea, as a 
participant.
                        RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:

    a. Arbitrary or Unlawful Deprivation of Life.--There were no 
reports of the arbitrary or unlawful deprivation of life committed by 
the Government or its agents.

    b. Disappearance.--There were no reports of politically motivated 
disappearances.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution prohibits such practices; however, there 
were credible reports that police continued to beat persons in custody 
and in detention, despite government efforts to stop such practices. 
While there were mechanisms for investigating citizen complaints of 
police brutality, in practice these mechanisms neither ensured the 
punishment of those responsible nor prevented future violations. In 
addition, in some instances of violence against women, the police did 
not protect the victims effectively (see Section 5). Unlike in the 
previous year, there were no reports that immigration authorities 
harassed Nigerian citizens (see Section 2.d.). Following its January 
2001 election, the Government began investigating allegations of human 
rights abuses by police; however, no effective action was taken.
    No action was taken, nor was any likely, against police officers 
responsible for beating a detainee on Sal Island in 2000.
    Prisons conditions were poor and suffered from severe overcrowding. 
Sanitation and medical assistance was poor; however, a doctor and a 
nurse were available and prisoners were taken to the public hospitals 
for serious problems. Psychological problems among prisoners were 
common. Although women and men are held separately, juveniles are not 
held separate from adults, and pretrial detainees are not held separate 
from convicted prisoners.
    The Government permitted both formal visits by human rights 
monitors to prisons and routine visits to individual prisoners; 
however, there were no such visits during the year.

    d. Arbitrary Arrest, Detention, or Exile.--The law prohibits 
arbitrary arrest and detention, and the Government generally observed 
these prohibitions. The law stipulates that a suspect must be charged 
before a judge within 48 hours of arrest. Police may not make arrests 
without a court order unless a person is caught in the act of 
committing a felony. The courts had jurisdiction over state security 
cases, and there was a functioning system of bail.
    The Government did not use forced exile.

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary, and the Government generally respected this 
provision in practice. The Constitution provides for the right to a 
fair trial and due process, and an independent judiciary generally 
enforces this right. Cases involving former public office holders 
continued under investigation. For example, the investigation continued 
in the case of the former Prime Minister accused of embezzling 
approximately $16,250 (2 million Cape Verdean escudos) in the 
privatization of ENACOL (a parastatal oil supply firm). The case has 
been transferred to the Attorney General's office because the former 
Prime Minister failed to appear at the first hearing.
    The judicial system was composed of the Supreme Court and the 
regional courts. Of the five Supreme Court judges, one was appointed by 
the President, one by the National Assembly, and three by the Superior 
Judiciary Council. This council consisted of the President of the 
Supreme Court, the Attorney General, eight private citizens, two 
judges, two prosecutors, the senior legal inspector of the Attorney 
General's office, and a representative of the Ministry of Justice. 
Judges were independent and could not belong to a political party.
    The Constitution provides for the right to a fair trial. Defendants 
are presumed to be innocent; they have the right to a public, nonjury 
trial; to counsel; to present witnesses; and to appeal verdicts. Free 
counsel was provided for the indigent. Regional courts adjudicated 
minor disputes on the local level in rural areas. The Ministry of 
Justice did not have judicial powers; such powers were with the courts. 
Defendants could appeal regional court decisions to the Supreme Court.
    The judiciary generally provides due process rights; however, the 
right to an expeditious trial was constrained by a seriously 
overburdened and understaffed judicial system. A backlog of cases 
routinely led to trial delays of 6 months or more; more than 10,500 
cases were pending at the end of 2001.
    There were no reports of political prisoners.

    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The Constitution prohibits such actions, and the 
Government generally respected these prohibitions in practice.

Section 2. Respect for Civil Liberties, Including:

    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of speech and of the press, and the Government generally 
respected these rights in practice. There were some reports of 
restrictions on freedom of the press. There is a substantial and 
growing independent press; however, there continued to be criticism by 
many prominent government and opposition figures of state-controlled 
television for its failure to exercise properly its role of informing 
the public regarding political and economic issues. There continued to 
be reports of media self-censorship.
    A 1999 constitutional amendment excludes using freedom of 
expression as a defense in cases involving defamation or offense to 
personal honor. This amendment was criticized strongly by then-
opposition PAICV politicians and some journalists as potentially 
limiting freedom of expression; however, the PAICV government did not 
seek to change the provision by year's end.
    There were three independent newspapers and one state-owned 
newspaper. There were six independent radio stations and one state-
owned radio station. One television station was state owned, and two 
others were foreign owned. Foreign broadcasts were permitted. 
Journalists were independent of government control and were not 
required to reveal their sources; however, there were credible reports 
that journalists within the Government-controlled media still practiced 
self-censorship.
    Government authorization was not needed to publish newspapers or 
other printed material. Despite the broadly interpreted criminal libel 
laws, no independent media outlets reported direct pressure in their 
daily operations or business activities. The national radio station 
provided live broadcasts of National Assembly sessions.
    The law requires a formal licensing mechanism for mass media, 
including government authorization to broadcast; however, there were no 
reports that licenses were denied or revoked or that the Government 
refused to authorize broadcasts during the year.
    The Government did not restrict Internet access. There was a 
private Internet service provider. There were technical limitations on 
Internet use related to bandwidth and the unavailability or 
inefficiency of electricity and telephone service in some parts of the 
country.
    The Government did not restrict academic freedom.

    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedoms of assembly and association, and the Government 
generally respected these rights in practice.

    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government generally respected this right in 
practice.
    The Catholic majority enjoyed a privileged status in national life. 
For example, the Government provided the Catholic Church with free 
television broadcast time for religious services and observed its holy 
days as official holidays.
    To be recognized as legal entities by the Government, religious 
groups must register with the Ministry of Justice; however, failure to 
do so did not result in any restriction on religious belief or 
practice.
    The trial of four individuals of the ``Sao Domingos Group,'' who 
were accused of desecrating a Catholic Church in 1996 began in November 
2001; however, a decision still was pending at year's end.
    For a more detailed discussion see the 2002 International Religious 
Freedom Report.

    d. Freedom of Movement Within the Country, Foreign Travel, 
Emigration, and Repatriation.--The Constitution and the law provide for 
these rights, and the Government generally respected them in practice.
    The Constitution and the law provide for the granting of asylum and 
refugee status in accordance with the 1951 U.N. Convention Relating to 
the Status of Refugees and its 1967 Protocol. During the year, there 
were media reports that Senegalese citizens residing in the country 
believed that they were subject to discriminatory treatment. Other 
observers reported no evidence of a government policy of discrimination 
against Senegalese. Three or four Basque separatists have been provided 
first asylum status. The Government cooperates with the U.N. High 
Commissioner for Refugees and other humanitarian organizations in 
assisting refugees.
    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, and citizens exercised this right in practice 
through periodic, free, and fair elections held on the basis of 
universal suffrage. In January 2001, Pedro Verona Rodrigues Pires, 
former president of the PAICV, was elected by a slim margin of 12 votes 
over the country's former Prime Minister and MPD president, Carlos 
Veiga. The principal opposition party, the MPD, held power from January 
1991 until January 2001, after defeating the PAICV, which held power in 
a one-party state from independence in 1975 until 1991. The PAICV won 
the legislative elections in January 2000 and has an absolute majority 
in the National Assembly. The National Electoral Commission and the 
international media judged the January presidential elections, as well 
as legislative and municipal elections in 2000, to be free and fair.
    The Constitution provides for the separation of powers. 
Constitutional powers were shared among President Pires, Prime Minister 
Jose Maria Neves, and the PAICV party. Cabinet ministers were subject 
to confirmation by the President. Collectively they must retain the 
support of a parliamentary majority. The President could dismiss the 
Government with the approval of the political parties represented in 
the National Assembly and the Council of the Republic. This council 
consisted of the President of the National Assembly, the Prime 
Minister, the President of the Constitutional Court, the Attorney 
General, the Ombudsman, the President of the Economic and Social 
Council, the former presidents, and five private citizens appointed by 
the President. The MPD and the Democratic Renovation Party were the 
main opposition parties.
    There were 8 women among the elected ``active'' deputies in the 72-
seat National Assembly, and there were 3 women among the 7 elected 
``reserve'' deputies that fill any eventual vacancies during the 
legislative term. There were 4 women in the 17-member Cabinet.

Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A number of domestic human rights groups generally operated without 
government restriction, investigating and publishing their findings on 
human rights cases. Government officials generally were cooperative and 
responsive to their views.
    There are three private human rights groups, the National 
Commission of the Rights of Man, the Ze Moniz Association, and the 
Alcides Barros Association.
    The independent Ombudsman's powers remained undefined at year's 
end, and no Ombudsman was elected by year's end.

Section 5. Discrimination Based on Race, Sex, Disability, Language, or 
        Social Status
    The Constitution prohibits discrimination based on race, sex, 
religion, disability, language, or social status. However, despite the 
Government's increased efforts to enforce all relevant constitutional 
provisions, it still did not do so effectively, and not all elements of 
society, particularly women and children, enjoyed full protection 
against discrimination.

    Women.--Domestic violence against women, including wife beating, 
was common. The Government and civil society encouraged women to report 
criminal offenses such as rape and spousal abuse to the police; 
however, according to the media and a July report by the Women Jurists' 
Association, longstanding social and cultural values inhibited victims 
from doing so, and victims rarely reported these offenses to the 
police. Nevertheless, reporting of such crimes to police continued to 
increase during the year, and the media continued to report their 
occurrence. Violence against women was the subject of extensive public 
service media coverage in both government- and opposition-controlled 
media.
    While there were mechanisms to deal with spousal abuse, in practice 
these mechanisms neither ensured the punishment of all those 
responsible nor effectively prevented future violence. Women's 
organizations, like the Women Jurists' Association, continued to seek 
legislation to establish a special family court to address crimes of 
domestic violence and abuse; however, they made no progress in 
achieving such legislation during the year. The revised Penal Code 
protects certain rights of the victims of sexual abuse; however, it did 
not ensure compensation.
    Despite constitutional prohibitions against sex discrimination and 
provisions for full equality, including equal pay for equal work, 
discrimination against women continued. Although they often were paid 
less than men for comparable work, women were making modest inroads in 
various professions, especially in the private sector.
    The Constitution prohibits discrimination against women in 
inheritance, family, and custody matters; however, largely because of 
illiteracy, most women were unaware of their rights. Women often were 
reluctant to seek redress of domestic disputes in the courts. The 
Organization of Cape Verdean Women alleged that there was 
discriminatory treatment in inheritance matters, despite laws that 
called for equal rights. For example, some women were pressured to sign 
judicial agreements detrimental to their statutory inheritance rights.
    In 2000 a group of female attorneys formed the Women Jurists 
Association, an association to provide free legal assistance to women 
throughout the country suffering from social abuse (both violence and 
discrimination) and spousal abuse.

    Children.--In 2000 the Government updated its studies of social 
policy priorities and legal rights for children and adolescents and 
restructured the Cape Verdean Institute for Children in accordance with 
norms in the Convention on the Rights of the Child. The Government 
provided free, mandatory education for 6 years of primary school for 
all children. Normally this benefit covered children from age 6 to age 
12. Education was compulsory until age 16; however, secondary education 
was free only for children whose families had an annual income below 
approximately $1,700 (160,000 Cape Verdean escudos). According to 2001 
Ministry of Education statistics, primary school attendance was 
approximately 98 percent. Attendance rates by boys and girls differ by 
less than 1 percent. The Government also sought to reduce infant 
mortality and disease, combat drug and alcohol abuse, and discourage 
teenage pregnancy; however, progress continued to be slow.
    In September 2001, the Education Minister announced that pregnant 
students would be suspended from classes during pregnancy or nursing. 
Individual schools were responsible for enforcing the rule; however, no 
such suspensions have occurred.
    Child abuse and mistreatment, sexual violence against children, and 
juvenile prostitution were problems, exacerbated by chronic poverty, 
large unplanned families, and traditionally high levels of emigration 
of adult men. The media reported cases of sexual abuse against children 
and adolescents. The inefficiencies of the judicial system made it 
difficult for government institutions to address the problem.

    Persons with Disabilities.--There was no discrimination against 
persons with disabilities in employment and education; however, 
although the Constitution mandates ``special protection'' for the aged 
and persons with disabilities, the Government did not require access to 
public buildings or services for persons with disabilities. There were 
no official schools or trained teachers for persons with disabilities, 
which disadvantaged children with disabilities. Several NGO's, 
including an association for the blind, were active.

Section 6. Worker Rights

    a. The Right of Association.--The Constitution provides that 
workers legally are free to form and join unions without government 
authorization or restriction. There were two umbrella union 
associations: The Council of Free Labor Unions, comprised of 14 unions 
with approximately 18,000 members; and the National Union of Cape Verde 
Workers, formed by the former ruling party but operated independently, 
which included 14 unions with approximately 20,000 members. The 
Government did not interfere with the activities of these 
organizations; however, the National Union of Cape Verde Workers 
claimed that it received less than its share of funds for unions. Both 
unions suffered from a shortage of funds. There were no prohibitions 
against forming or joining unions.
    The law provides that if an employer fires a worker without a 
``just cause,'' as defined by the law, such as for union activity, the 
employer either must reinstate the worker or provide financial 
compensation to the worker. The law bans antiunion discrimination by 
employers with fines for offenders. No cases were brought to court 
during the year.
    Unions were free to affiliate internationally and had ties with 
African and international trade union organizations.

    b. The Right to Organize and Bargain Collectively.--The 
Constitution provides for the right to organize, to operate without 
hindrance, and to sign collective work contracts; however, there has 
been very little collective bargaining. There were no signed collective 
bargaining agreements. The ILO has cited the Government for its 
inability to provide examples of signed collective bargaining 
agreements.
    Workers and management in the small private sector, as well as in 
the public sector, normally reached agreement through negotiations. 
Although there were no collective labor contracts, workers succeeded in 
negotiating important issues such as salary increases; however, as the 
country's largest employer, the Government continued to play the 
dominant role in setting wages. It did not fix wages for the private 
sector, but salary levels for civil servants provided the basis for 
wage negotiations in the private sector.
    The Constitution provides union members with the right to strike, 
and the Government generally respected this right. However, in 1999 
when the workers of the shipping company Arc Verde made two attempts to 
strike, the Government invoked a ``civil request'' under which it had 
the power, in an emergency or if a strike threatened coverage of basic 
needs, to name a list of minimum services that a union must continue to 
provide during any strike. Because of the Government's civil request, 
the crew and workers of four of the five ships in the fleet were 
required to continue working. According to the National Union of Cape 
Verde Workers, the Government's decision violated the law, since there 
was no emergency. The union claimed that, under such circumstances, the 
``minimum services list'' that it presented to the Government would 
have ensured the continuation of essential services. The union 
presented the case to the International Confederation of Free Trade 
Unions, which in 1999 filed a complaint against the Government with the 
International Labor Organization (ILO). Despite numerous ILO requests, 
the Government continued to requisition workers to curtail strikes and 
to interpret essential services in the broadest terms. The ILO 
complaint remained unresolved at year's end.
    In its 2000 report, the ILO Committee on Freedom of Association 
(CFA) noted that the Government amended legislation in 1999 so that 
organizations of workers may enjoy the right to peaceful demonstration 
without unreasonable restrictions, particularly the time limit on 
demonstrations. The CFA also reported that the Government began to take 
measures to amend its legislation so that in the event of disagreement 
between the parties on the minimum services to be provided during 
strikes, this difference of opinion would be resolved by an independent 
body. However, at year's end, the Government had not created an 
independent body to resolve such differences.
    There were no legal or illegal strikes during the year. During the 
year, anti-erosion employees of the Ministry of Agriculture and Fish 
threatened to strike several times and held peaceful demonstrations. 
These workers have been negotiating with the Ministry of Finance for 
unpaid wages for work completed in 1997 and 1999.
    Praia has a 30-acre export processing zone (EPZ), which housed two 
Portuguese companies and a Cape Verdean-Sengalese joint venture. There 
were no special laws or exemptions from regular labor laws for EPZ's.

    c. Prohibition of Forced or Bonded Labor.--The law prohibits forced 
or bonded labor, including by children, and there were no reports that 
such practices occurred.

    d. Status of Child Labor Practices and Minimum Age for 
Employment.--The legal minimum age for employment was 14 years. The law 
prohibits children under the age of 16 from working at night, more than 
7 hours per day, or in establishments where toxic products were 
produced; however, the Government rarely enforced the law, and child 
labor occurred. The Government was working with the ILO and the 
International Program for the Elimination of Child Labor. In practice 
the Ministry of Justice and Labor enforced minimum age laws with 
limited success, and then only in the urban, formal sectors of the 
economy.

    e. Acceptable Conditions of Work.--There were no established 
minimum wage rates in the private sector. Large urban private employers 
linked their minimum wages to those paid to civil servants. For an 
entry-level worker, this wage is approximately $120 (11,583 Cape 
Verdean escudos) per month. The majority of jobs paid wages 
insufficient to provide a worker and family with a decent standard of 
living; most workers relied on second jobs, extended family help, and 
subsistence agriculture.
    The maximum legal workweek for adults was 44 hours. While large 
employers generally respected these regulations, many domestic servants 
and agricultural laborers worked longer hours.
    The Director General of Labor conducted sporadic inspections to 
enforce the labor code and imposed fines on private enterprises that 
were not in conformity with the law. However, the Government did not 
enforce labor laws systematically, and much of the labor force did not 
enjoy their protection. Few industries employed heavy or dangerous 
equipment, and work-related accidents were rare.
    There is no legal provision for workers to remove themselves from 
unsafe working conditions without jeopardizing their continued 
employment.
    Foreign workers required both a work permit (granted by immigration 
authorities) and a work contract (approved by the Ministry of Labor). 
If in compliance with these requirements, foreign workers were 
protected fully by the law; however, there were no provisions to 
protect illegal foreign workers.

    f. Trafficking in Persons.--The law does not prohibit trafficking 
in persons, and illegal smuggling of economic emigrants to various 
points in Europe was believed to be a thriving business. This smuggling 
involved visa and related fraud; however, there were no reports that 
these persons were transported into forced labor or debt bondage. The 
country was a transit point for smugglers, and smuggling had become a 
concern for local authorities. Several press reports noted that the 
police had arrested some persons, smugglers as well as victims. In 2001 
such cases involved fewer than 30 persons. The Government cooperated 
with European authorities, neighboring governments, and foreign 
embassies to deal with the problem.
                               __________

                        CENTRAL AFRICAN REPUBLIC

    The Central African Republic (CAR) is a constitutional democracy 
with a multiparty legislature. Ange-Felix Patasse, leader of the 
Movement for the Liberation of the Central African People (MLPC), was 
re-elected with a narrow majority to another 6-year term in September 
1999. The presidential election, like the legislative elections held in 
late 1998, was generally free, but marred by irregularities that tended 
to favor the ruling party candidate. The Government was headed by a 
Prime Minister and Cabinet appointed by the President. Although the 
Constitution provides for separation of powers, the legislature was 
vulnerable to manipulation by the President, who dominated the 
Government. On October 25, forces loyal to General Francois Bozize, the 
former Chief of Staff of the Armed Forces who directed the coup from 
abroad, entered the country from Chad and led a coup attempt in Bangui. 
President Patasse retained power with the assistance of troops from 
Libya and Movement for the Liberation of the Congo (MLC) soldiers from 
the Democratic Republic of the Congo (DRC) led by Jean-Pierre Bemba. 
The coup attempt resulted in numerous deaths and abuses, 10,000 
internally displaced persons (IDPs), and significant numbers of 
refugees in neighboring countries. On December 29, the Libyan troops 
withdrew from the country; however, approximately 1,000 of Bozize's 
rebels retained control of much of the north-central region at year's 
end. The Constitution provides for an independent judiciary; however, 
it was subject to executive influence.
    The National Police were under the direction of the Ministry of 
Interior and Public Security, while the military forces, the National 
Gendarmerie, and the Presidential Security Unit (USP) were under the 
jurisdiction of the Ministry of Defense; all shared responsibility for 
internal security. Civilian authorities did not maintain effective 
control of the security forces. Apart from the USP, the military, much 
of which mutinied in 1996 and 1997, widely was perceived to be of 
doubtful loyalty to the Government, which owes approximately 21 months 
of salary arrears to the military. Former members of the security 
forces were involved in the October 25 and May 2001 coup attempts. 
Members of the security forces committed serious human rights abuses.
    The economy of the country, which has a population of approximately 
3.5 million, was dominated by subsistence agriculture. Foreign 
assistance was an important source of national income. Salary arrears 
owed to civilian employees and the military continued to impair the 
functioning of the Government and the ability of the state to enforce 
the rule of law. The misappropriation of public funds and corruption in 
the Government remained widespread. The large displacement of persons 
during and following the October 25 coup attempt adversely affected 
economic productivity during the year.
    The Government's human rights record remained poor; although there 
were some improvements in a few areas, serious problems remained. 
Citizens generally were able to choose their national government; 
however, the Government controlled the electoral process. Security 
forces continued to commit arbitrary and unlawful killings, including 
government-tolerated executions of suspected bandits. The October 25 
coup attempt resulted in numerous killings of civilians in Bangui and 
the northern part of the country. Police continued to torture, beat, 
and otherwise abuse suspects and prisoners. The Government d