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109th Congress                                                  S. Prt.
 1st Session             JOINT COMMITTEE PRINT                   109-33
_______________________________________________________________________
.                                 
                    COUNTRY REPORTS ON HUMAN RIGHTS
                           PRACTICES FOR 2004

                                VOLUME I

                               __________

                              R E P O R T


                            SUBMITTED TO THE

                     COMMITTEE ON FOREIGN RELATIONS

                              U.S. SENATE

                                AND THE

                  COMMITTEE ON INTERNATIONAL RELATIONS

                     U.S. HOUSE OF REPRESENTATIVES

                                 BY THE

                          DEPARTMENT OF STATE


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

                                     





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                         SEPTEMBER 2005
                         
                        
Printed for the use of the Committees on Foreign Relations of the U.S.
  Senate and International Relations of the U.S. House of 
  Representatives respectively.


                         U.S. GOVERNMENT PRINTING OFFICE

99-700 PDF                    WASHINGTON : 2005

_____________________________________________________________________

For sale by the Superintendnet of Documents, U.S. Government Printing 
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                     COMMITTEE ON FOREIGN RELATIONS

                  RICHARD G. LUGAR, Indiana, Chairman

CHUCK HAGEL, Nebraska                JOSEPH R. BIDEN, Jr., Delaware
LINCOLN CHAFEE, Rhode Island         PAUL S. SARBANES, Maryland
GEORGE ALLEN, Virginia               CHRISTOPHER J. DODD, Connecticut
NORM COLEMAN, Minnesota              JOHN F. KERRY, Massachusetts
GEORGE V. VOINOVICH, Ohio            RUSSELL D. FEINGOLD, Wisconsin
LAMAR ALEXANDER, Tennessee           BARBARA BOXER, California
JOHN E. SUNUNU, New Hampshire        BILL NELSON, Florida
LISA MURKOWSKI, Alaska               BARACK OBAMA, Illinois
MEL MARTINEZ, Florida
                 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
CHRISTOPHER H. SMITH, New Jersey,    HOWARD L. BERMAN, California
  Vice Chairman                      GARY L. ACKERMAN, New York
DAN BURTON, Indiana                  ENI F.H. FALEOMAVAEGA, American 
ELTON GALLEGLY, California               Samoa
ILEANA ROS-LEHTINEN, Florida         DONALD M. PAYNE, New Jersey
DANA ROHRABACHER, California         ROBERT MENENDEZ, New Jersey
EDWARD R. ROYCE, California          SHERROD BROWN, Ohio
PETER T. KING, New York              BRAD SHERMAN, California
STEVE CHABOT, Ohio                   ROBERT WEXLER, Florida
THOMAS G. TANCREDO, Colorado         ELIOT L. ENGEL, New York
RON PAUL, Texas                      WILLIAM D. DELAHUNT, Massachusetts
DARRELL ISSA, California             GREGORY W. MEEKS, New York
JEFF FLAKE, Arizona                  BARBARA LEE, California
JO ANN DAVIS, Virginia               JOSEPH CROWLEY, New York
MARK GREEN, Wisconsin                EARL BLUMENAUER, Oregon
JERRY WELLER, Illinois               SHELLEY BERKLEY, Nevada
MIKE PENCE, Indiana                  GRACE F. NAPOLITANO, California
THADDEUS G. McCOTTER, Michigan       ADAM B. SCHIFF, California
KATHERINE HARRIS, Florida            DIANE E. WATSON, California
JOE WILSON, South Carolina           ADAM SMITH, Washington
JOHN BOOZMAN, Arkansas               BETTY McCOLLUM, Minnesota
J. GRESHAM BARRETT, South Carolina   BEN CHANDLER, Kentucky
CONNIE MACK, Florida                 DENNIS A. CARDOZA, California
JEFF FORTENBERRY, Nebraska
MICHAEL McCAUL, Texas
TED POE, Texas
         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.........................................................    ix

Letter of Transmittal............................................    xi

Preface..........................................................  xiii

Overview and Acknowledgments.....................................    xv

Introduction.....................................................   xix

                                Volume I

Africa
    Angola.......................................................     1

    Benin........................................................    15

    Botswana.....................................................    24

    Burkina Faso.................................................    33

    Burundi......................................................    43

    Cameroon.....................................................    59

    Cape Verde...................................................    79

    Central African Republic.....................................    84

    Chad.........................................................    97

    Comoros......................................................   112

    Congo, Democratic Republic of the............................   117

    Congo, Republic of...........................................   143

    Cote d'Ivoire................................................   151

    Djibouti.....................................................   180

    Equatorial Guinea............................................   188

    Eritrea......................................................   199

    Ethiopia.....................................................   209

    Gabon........................................................   231

    Gambia, The..................................................   239

    Ghana........................................................   249

    Guinea.......................................................   266

    Guinea-Bissau................................................   278

    Kenya........................................................   284

    Lesotho......................................................   304

    Liberia......................................................   310

    Madagascar...................................................   321

    Malawi.......................................................   329

    Mali.........................................................   340

    Mauritania...................................................   349

    Mauritius....................................................   360

    Mozambique...................................................   366

    Namibia......................................................   380

    Niger........................................................   389

    Nigeria......................................................   398

    Rwanda.......................................................   420

    Sao Tome and Principe........................................   438

    Senegal......................................................   441

    Seychelles...................................................   451

    Sierra Leone.................................................   457

    Somalia......................................................   468

    South Africa.................................................   478

    Sudan........................................................   495

    Swaziland....................................................   513

    Tanzania.....................................................   522

    Togo.........................................................   547

    Uganda.......................................................   559

    Zambia.......................................................   577

    Zimbabwe.....................................................   592

East Asia and the Pacific
    Australia....................................................   615

    Brunei.......................................................   628

    Burma........................................................   636

    Cambodia.....................................................   664

    China (includes Hong Kong and Macau).........................   682

    China (Taiwan only)..........................................   755

    East Timor...................................................   769

    Fiji.........................................................   779

    Indonesia....................................................   786

    Japan........................................................   817

    Kiribati.....................................................   828

    Korea, Democratic People's Republic of.......................   832

    Korea, Republic of...........................................   843

    Laos.........................................................   855

    Malaysia.....................................................   869

    Marshall Islands.............................................   891

    Micronesia, Federated States of..............................   895

    Mongolia.....................................................   901

    Nauru........................................................   910

    New Zealand..................................................   914

    Palau........................................................   920

    Papua New Guinea.............................................   925

    Philippines..................................................   932

    Samoa........................................................   949

    Singapore....................................................   955

    Solomon Islands..............................................   972

    Thailand.....................................................   979

    Tonga........................................................  1000

    Tuvalu.......................................................  1004

    Vanuatu......................................................  1008

    Vietnam......................................................  1014

Europe and Eurasia

    Albania......................................................  1037

    Andorra......................................................  1052

    Armenia......................................................  1055

    Austria......................................................  1066

    Azerbaijan...................................................  1076

    Belarus......................................................  1095

    Belgium......................................................  1118

    Bosnia-Herzegovina...........................................  1126

    Bulgaria.....................................................  1146

    Croatia......................................................  1160

    Cyprus.......................................................  1178

    Czech Republic...............................................  1194

    Denmark......................................................  1205

    Estonia......................................................  1212

    Finland......................................................  1218

    France.......................................................  1223

    Georgia......................................................  1234

    Germany......................................................  1252

    Greece.......................................................  1266

    Hungary......................................................  1279

    Iceland......................................................  1293

    Ireland......................................................  1301

    Italy........................................................  1308

    Kazakhstan...................................................  1317

    Kyrgyz Republic..............................................  1339

    Latvia.......................................................  1356

    Liechtenstein................................................  1364

    Lithuania....................................................  1369

    Luxembourg...................................................  1380

    Macedonia....................................................  1385

    Malta........................................................  1402

    Moldova......................................................  1407

    Monaco.......................................................  1421

    Netherlands, The.............................................  1425

    Norway.......................................................  1432

    Poland.......................................................  1436

    Portugal.....................................................  1450

    Romania......................................................  1456

    Russia.......................................................  1478

    San Marino...................................................  1526

    Serbia and Montenegro........................................  1529

    Slovak Republic..............................................  1571

    Slovenia.....................................................  1582

    Spain........................................................  1589

    Sweden.......................................................  1597

    Switzerland..................................................  1604

    Tajikistan...................................................  1616

    Turkey.......................................................  1629

    Turkmenistan.................................................  1656

    Ukraine......................................................  1670

    United Kingdom...............................................  1698

    Uzbekistan...................................................  1709

                               Volume II

Near East and North Africa

    Algeria......................................................  1733

    Bahrain......................................................  1750

    Egypt........................................................  1770

    Iran.........................................................  1793

    Iraq.........................................................  1816

    Israel and the occupied territories..........................  1830

    Jordan.......................................................  1865

    Kuwait.......................................................  1881

    Lebanon......................................................  1901

    Libya........................................................  1919

    Morocco......................................................  1926

    Western Sahara...............................................  1942

    Oman.........................................................  1945

    Qatar........................................................  1953

    Saudi Arabia.................................................  1963

    Syria........................................................  1979

    Tunisia......................................................  1995

    United Arab Emirates.........................................  2013

    Yemen........................................................  2027

South Asia

    Afghanistan..................................................  2043

    Bangladesh...................................................  2055

    Bhutan.......................................................  2071

    India........................................................  2079

    Maldives.....................................................  2112

    Nepal........................................................  2120

    Pakistan.....................................................  2140

    Sri Lanka....................................................  2158

Western Hemisphere

    Antigua and Barbuda..........................................  2173

    Argentina....................................................  2177

    Bahamas......................................................  2187

    Barbados.....................................................  2195

    Belize.......................................................  2200

    Bolivia......................................................  2208

    Brazil.......................................................  2219

    Canada.......................................................  2245

    Chile........................................................  2252

    Colombia.....................................................  2263

    Costa Rica...................................................  2292

    Cuba.........................................................  2302

    Dominica.....................................................  2321

    Dominican Republic...........................................  2325

    Ecuador......................................................  2341

    El Salvador..................................................  2352

    Grenada......................................................  2367

    Guatemala....................................................  2371

    Guyana.......................................................  2393

    Haiti........................................................  2403

    Honduras.....................................................  2419

    Jamaica......................................................  2436

    Mexico.......................................................  2444

    Nicaragua....................................................  2464

    Panama.......................................................  2480

    Paraguay.....................................................  2494

    Peru.........................................................  2505

    St. Kitts and Nevis..........................................  2523

    Saint Lucia..................................................  2528

    Saint Vincent and the Grenadines.............................  2532

    Suriname.....................................................  2537

    Trinidad and Tobago..........................................  2548

    Uruguay......................................................  2552

    Venezuela....................................................  2559

                               Appendixes

A.  Notes on Preparation of the Reports..........................  2579

B.  Reporting on Worker Rights...................................  2583

C.  Selected International Human Rights Conventions..............  2585

D.  Description of Conventions in Appendix C.....................  2593

E.  FY 2004 Selected U.S. Assistance Programs--Actual Obligations  2594

F.  60th Session of the U.N. Human Rights Commission Voting 
  Record.........................................................  2605

G.  60th Session of the U.N. Human Rights Commission Voting Table  2611

H.  United Nations Universal Declaration of Human Rights.........  2615

















                                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.

                                  (ix)

                                     


















                         LETTER OF TRANSMITTAL

                              ----------                              

                                       Department of State,
                                     Washington, DC, March 31, 2005
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 2004, 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.

                                  (xi)

















                                     
                                PREFACE

                              ----------                              


                      HUMAN RIGHTS REPORTS

    In his second inaugural address, President Bush renewed 
America's commitment to stand for freedom and human dignity 
throughout the world:

          America's vital interests and our deepest beliefs are 
        now one. From the day of our founding, we have 
        proclaimed that every man and woman on this earth has 
        rights, and dignity, and matchless value, because they 
        bear the image of the maker of heaven and earth. Across 
        the generations we have proclaimed the imperative of 
        self-government, because no one is fit to be a master, 
        and no one deserves to be a slave. Advancing these 
        ideals is the mission that created our nation. It is 
        the honorable achievement of our fathers. Now it is the 
        urgent requirement of our nation's security, and the 
        calling of our time.
          So it is the policy of the United States to seek and 
        support the growth of democratic movements and 
        institutions in every nation and culture, with the 
        ultimate goal of ending tyranny in our world.

    The Country Reports on Human Rights Practices provide a key 
framework that the United States and others around the world 
use in assessing the state of human freedom and in marshalling 
efforts to advance it. The conscientious compiling of these 
reports equips us to more effectively stand against oppression 
and for human dignity and liberty. Our embassies and Washington 
staff work closely with local citizens, human rights and other 
organizations, and community leaders to identify, investigate, 
and verify information. These volumes, available in the 
languages of most of the world's peoples, foster discussion, 
promote advocacy, permit the measurement of progress, and show 
where improvements are needed.
    Over the last 12 months, we have worked closely with the 
international community to enable citizens in countries such as 
Guatemala, Indonesia, Ghana, Ukraine, and Afghanistan to make 
their votes truly count in selecting their governments. This 
fundamental right to effective suffrage opens the door for 
advancing a wide range of other rights, as the records in these 
countries have already begun to show.
    This 28th edition of our Country Reports turns our 
spotlight on 196 countries, ranging from the stoutest defenders 
to the worst violators of human dignity. We take seriously our 
responsibility to report as accurately, as sensitively, and as 
carefully as possible the information in these reports.
    The information contained in this report allows us to 
construct strategies for promoting freedom and individual 
liberty. In the coming month we will report on the specific 
steps we have taken over the past year to support human rights 
and democracy.
    Mindful of the diligent effort and widespread cooperation 
both within and outside the Department that has gone into 
preparing these reports, I am pleased to transmit the 
Department of State's Country Reports on Human Rights Practices 
for 2004 to the U.S. Congress.

                       Condoleezza Rice, Secretary of State



                     OVERVIEW AND ACKNOWLEDGEMENTS

                              ----------                              


                      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. 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 2004 
Country Reports on Human Rights Practices 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. These rights include freedom from torture or 
other cruel, inhuman or degrading treatment or punishment, from 
prolonged detention without charges, from disappearance or 
clandestine detention, and from other flagrant violations of 
the right to life, liberty and the security of the person.
    Universal human rights seek to incorporate respect for 
human dignity into the processes of government and law. All 
persons have the 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: Nadia Tongour; Deputy Editor-in-Chief: LeRoy 
G. Potts; Senior Advisors: Elizabeth Dugan, and Gretchen 
Birkle; Senior Editors: Cortney Dell, Dan Dolan, Stephen 
Eisenbraun, Leonel Miranda, Jennifer M. Pekkinen and Stan 
Ifshin; Editors: Joseph S. Barghout, Jonathan Bemis, Ryan J. 
Casteel, Sharon C. Cooke, Stuart Crampton, Frank B. Crump, 
Mollie Davis, Sajit Gandhi, Joan Garner, Solange Garvey, Jerome 
L. Hoganson, Victor Huser, Kari Johnstone, David T. Jones, 
Sandra J. Murphy, Daniel L. Nadel, Donald E. Parker, Gary V. 
Price, Elizabeth Ramborger, Peter Sawchyn, and Julie Turner; 
Assistant Editors: Lori Rothamel, Janet Mayland, Editorial 
Assistants: Gene Bigler, Kent Brokenshire, Sally I. Buikema, 
Lynda Walker-Johnson and Carol G. Finerty; Technical Support: 
Linda C. Hayes, Mancharee Junk, Alonzo Simmons, and Tanika N. 
Willis.

 INTRODUCTION TO THE COUNTRY REPORTS ON HUMAN RIGHTS PRACTICES FOR 2004

    On September 17, 2002, President Bush presented a new 
National Security Strategy for the United States based on the 
principle that promoting political and economic freedom and 
respect for human dignity will build a safer and better world. 
To guide and focus the national effort that had grown out of 
the war on terrorism, the strategy outlined a series of 
fundamental tasks which, among others, required our Government 
to champion aspirations for human rights and build democracy. 
In his second inaugural address on January 20, 2005, President 
Bush elaborated on that principle: ``The survival of liberty in 
our land depends on the success of liberty in other lands. The 
best hope for peace in our world is the expansion of freedom in 
all the world.''
    The United States and its international partners worked 
with many countries during 2004 to expand freedom by helping to 
protect the political rights of their citizens and to advance 
the rule of law in their societies. In a few cases, where 
concerns centered on the rights of the people to choose their 
own governments, dramatic developments focused global attention 
on their struggles and landmark achievements.
    In the past three years since the removal of the Taliban 
regime, the people of Afghanistan have worked to diminish 
terrorism and improve security; to bridge traditional ethnic, 
religious, and tribal divides; to craft a new constitution 
faithful to their values and way of life; to extend fundamental 
rights to women and minorities; and to open their society to 
unprecedented political competition and freedom of expression. 
The international community responded to this undertaking by 
helping to register voters across a geographically scattered, 
largely illiterate population; by educating cadres of Afghan 
election workers and political participants in the conduct of 
elections and campaigns and by joining with Afghan forces to 
provide security during pre-election preparations and during 
the actual voting. In the presidential election, which took 
place in October, 18 candidates vied for the votes of the 10 
million registered Afghans, more than 40 percent of whom were 
women. Despite threats and attacks before the vote and serious 
technical challenges, more than 8 million Afghans--including 
more than 3.2 million women--cast ballots to choose their 
leader in a truly democratic election for the first time, with 
a majority selecting President Hamid Karzai.
    In Ukraine, the presidential election campaign was marred 
by government pressure on opposition candidates and by 
widespread violations and fraud during the voting. The Kuchma 
government engaged in fraud and manipulation during the 
presidential election in both the first and second round of 
voting on October 31 and November 21. The Government censored 
media outlets and journalists to influence news coverage, which 
sparked the so-called ``journalist rebellion'' among reporters 
who refused to follow government directives. Eventually, 
popular demonstrations against the official results of the 
flawed November 21 vote gradually swelled into an ``Orange 
Revolution,'' the campaign color associated with opposition 
leader Viktor Yushchenko, who was widely believed to have won 
the election.
    Respect for human rights in Ukraine took a decided turn for 
the better when, on December 3, the country's Supreme Court 
invalidated the runoff election as fraudulent, vindicating the 
observations of many domestic and international monitors about 
numerous violations of electoral procedures, harassment of 
opposition candidates, heavily biased coverage in government-
controlled media, and widespread voting and counting fraud. In 
the court-mandated repeat election on December 26, the people 
of Ukraine selected their new President. International 
observers of that vote, won by Yushchenko, noted the 
improvements in media coverage, increase in transparency of the 
voting process, decrease in government pressure to support a 
particular candidate, and fewer disruptions at the polls. The 
new President expressed a strong commitment to democracy, the 
rule of law, and observance of human rights.
    In Iraq, people faced a series of difficult tasks as they 
prepared to choose their own leader through democratic 
elections, while the severity and ubiquity of terrorist attacks 
expanded the dimensions of the challenges. First, the Iraqi 
Governing Council achieved consensus on a framework for the 
transition of sovereignty back to Iraqi authorities under the 
aegis of the rule of law and clearly defined procedures by 
which Iraq's citizens would be able to choose their own 
authorities and construct their own constitutional order. In 
March, the approval of the Transitional Administrative Law 
(TAL) achieved these objectives and paved the way for the 
second step, the transition of sovereignty from the Coalition 
Provisional Authority to the Iraqi Interim Government (IIG) on 
June 28.
    Working with the assistance of the United Nations and other 
international advisors, the IIG established the Independent 
Electoral Commission of Iraq, an independent election authority 
that established procedures for registration of and voting by 
Iraqis and expatriates in 14 other countries. On August 15-18, 
the National Conference convened and elected a 100-member 
Interim National Council. Elections for the Transitional 
National Assembly, the country's legislative authority and the 
first step in the formation of an Iraqi Transitional 
Government, were scheduled to take place on January 30, 2005. 
According to the TAL, the transitional government will draft a 
permanent constitution that is to be ratified by August 2005, 
and new elections are to be held for a permanent government 
under that Constitution by December 2005.
    We believe events like these elections will increase the 
prospects for peace, provide a solid grounding for self-
government in these countries and help create momentum for the 
improvement of human rights practices for all people 
participating in them. Yet progress along this path will not be 
easy or rapid, at least at first, as the 196 detailed reports 
in this volume amply demonstrate. In a number of cases, these 
reports will show that human rights practices may actually have 
eroded despite the successful completion of internationally 
accepted elections, as has occurred in some respects with the 
judiciary and the media since the voting that took place last 
year in Venezuela.
    It was in part the recognition of the complexity and 
difficulty of the task of promoting human rights that led 
Congress in 1977 to institutionalize the Department of State's 
process of compiling these annual Country Reports on Human 
Rights Practices. By providing this compendium of witness to 
the global human rights experience, we hope that the record of 
this work in progress will help illuminate both future tasks 
and the potential for greater cooperation in advancing the 
aspirations of the Universal Declaration of Human Rights.

         The Year in Review: Democracy, Human Rights and Labor

    Behind the detail of 196 country reports contained in the 
pages that follow, the developments and experiences in certain 
countries stand out due not only to the intensity of the human 
rights problems but also to our involvement with the victims 
and their governments during 2004.
    The Government of Sudan's human rights record remained 
extremely poor as it continued to restrict freedom of speech, 
press, assembly, association, religion and movement. It 
arrested and harassed those who exercised these rights.
    At year's end, there were more than 1.5 million Internally 
Displaced Person (IDPs) in the Sudanese Province of Darfur, and 
another 200,000 civilians had fled to Chad, where the U.N. High 
Commissioner for Refugees (UNHCR) coordinated a massive refugee 
relief effort. Approximately 70,000 people reportedly died as a 
result of the violence and forced displacement.
    Despite the Government's repeated commitments to refrain 
from further violence in Darfur, the atrocities continued. 
Government and government-supported militias known as the 
Jinjaweed routinely attacked civilian villages. Typically, the 
Jinjaweed, often in concert with regular government forces, 
conducted attacks under cover of military aerial support. In 
September, after carefully reviewing a detailed study conducted 
by independent experts covering the experience of more than 
1,100 refugees, Secretary of State Colin Powell concluded that 
genocide had been committed against the people of Darfur, 
saying that ``Genocide has been committed in Darfur and that 
the Government of Sudan and Jinjaweed bear responsibility and 
that genocide may still be occurring.''
    Government forces in that region routinely killed, injured, 
and displaced civilians, and destroyed clinics and dwellings 
intentionally during offensive operations. There were confirmed 
reports that government-supported militia also intentionally 
attacked civilians, looted their possessions, and destroyed 
their villages.
    At the same time, year-end developments in negotiations 
related to the North-South conflict provided hope for peace and 
improvement of human rights practices in other areas of Sudan. 
By year's end, the State Department saw significant movement on 
the preliminary accords between the Government and the Sudan 
People's Liberation Movement Army after 21 years of low 
intensity conflict.
    In response to the Democratic People's Republic of Korea's 
(North Korea) continued brutal and repressive treatment of its 
people, the United States Congress enacted the North Korea 
Human Rights Act of 2004. The Act seeks to address the serious 
human rights situation in North Korea and to promote durable 
solutions for North Korean refugees, transparency in provision 
of humanitarian assistance, a free flow of information, and a 
peaceful reunification on the Korean peninsula.
    In Belarus, police abuse and occasional torture of 
prisoners and detainees continued. The security forces 
arbitrarily arrested and detained citizens for political 
reasons; in addition, individuals were sued and sentenced to 
jail terms for such political crimes as ``defamation'' of state 
officials, often interpreted to include criticism of their 
policies. The Government of Belarus persisted in discounting 
credible reports regarding the role of government officials in 
the long-term disappearances of a journalist and well-known 
opposition political figures and failed to conduct full, 
transparent investigations into these disappearances. Instead, 
the Government appointed Viktor Sheiman, linked to 
disappearances by credible evidence in a Council of Europe 
report, as Head of the Presidential Administration, thus 
perpetuating a climate of abuse with impunity.
    In Burma, the Junta ruled by decree and was not bound by 
any constitutional provisions providing any fundamental rights. 
Security forces carried out extrajudicial killings. In 
addition, disappearances continued, and security forces raped, 
tortured, beat, and otherwise abused prisoners and detainees. 
Arbitrary arrests and incommunicado detention were frequent. 
Security forces also regularly infringed on citizens' privacy, 
forcibly relocated populations, and conscripted child soldiers.
    The Government of Iran was responsible for numerous 
killings during the year, including executions following trials 
that lacked due process. There were numerous reports that 
security forces tortured prisoners and detainees. Additionally, 
there were arbitrary arrests, extended incommunicado detention, 
poor and overcrowded prisons, lack of access to counsel, 
punishment by the lash, and violation of personal privacy.
    China's cooperation and progress on human rights during 
2004 was disappointing. China failed to fulfill many of the 
commitments it made at the 2002 U.S.-China Human Rights 
Dialogue. However, at the end of the year, working level 
discussions on human rights, which had been suspended when the 
U.S. supported a resolution on China's human rights practices 
at the U.N. Commission on Human Rights (UNCHR), were resumed. 
During 2004, the government continued to arrest and detain 
activists, such as individuals discussing freely on the 
Internet, defense lawyers advocating on behalf of dissidents 
and the dispossessed, activists arguing for HIV/AIDs issues, 
journalists reporting on SARS, intellectuals expressing 
political views, persons attending house churches, and workers 
protesting for their rights. Abuses continued in Chinese 
prisons. The Government continued its crackdown against the 
Falun Gong spiritual movement, and tens of thousands of 
practitioners remained incarcerated in prisons, extrajudicial 
reeducation-through-labor camps, and psychiatric facilities. 
The National People's Congress amended the Constitution to 
include protection of human rights, yet it is unclear to what 
extent the Government plans to implement this amendment.
    In Saudi Arabia, there were positive developments in a few 
areas, including a government-sponsored conference on women's 
rights and obligations and the formation of the first formal 
human rights organization permitted in the Kingdom. In October, 
the Government issued an executive by-law entitling some long-
term residents to apply for citizenship, and by year's end, 
voter and candidate registration, albeit only for men, was well 
advanced for municipal elections scheduled for February 2005.
    The record of human rights abuses and violations for Saudi 
Arabia, however, still far exceeds the advances. There were 
credible reports of torture and abuse of prisoners by security 
forces, arbitrary arrests, and incommunicado detentions. The 
religious police continued to intimidate, abuse, and detain 
citizens and foreigners. Most trials were closed, and 
defendants usually appeared before judges without legal 
counsel. Security forces arrested and detained reformers. The 
Government continued to restrict freedoms of speech and press, 
assembly, association and movement, and there were reports that 
the Government infringed on individuals' privacy rights. 
Violence and discrimination against women, violence against 
children, discrimination against ethnic and religious 
minorities, and strict limitations on worker rights continued.
    In contrast to developments in a number of countries that 
increased direct citizen control over government authorities, 
in Russia changes in parliamentary election laws and a shift to 
the appointment, instead of election, of regional governors 
further strengthened the power of the executive branch. Greater 
restrictions on the media, a compliant Duma (Parliament), 
shortcomings in recent national elections, law enforcement 
corruption, and political pressure on the judiciary also raised 
concerns about the erosion of government accountability. 
Racially motivated violence and discrimination increased, 
despite considerable legislative prohibitions. Authorities 
failed to investigate actions against minorities while 
subjecting them to more frequent document checks, targeting 
them for deportation from urban centers, and fining them in 
excess of permissible penalties or detaining them more 
frequently. Government institutions intended to protect human 
rights were relatively weak.
    The Government of Zimbabwe has conducted a concerted 
campaign of violence, repression, and intimidation. This 
campaign has been marked by disregard for human rights, the 
rule of law, and the welfare of Zimbabwe's citizens. Torture by 
various methods is used against political opponents and human 
rights advocates. War veterans, youth brigades, and police 
officers act with sustained brutality against political 
enemies. The Mugabe regime has also targeted other institutions 
of government, including the judiciary and police. Judges have 
been harassed into submission or resignation, replaced by 
Mugabe's cronies. The news media have been restricted and 
suppressed, with offending journalists arrested and beaten. 
Land seizures continue to be used as a tool for political and 
social oppression, and opponents of these destructive policies 
are subject to violent reprisals.
    Respect for human rights remained poor in Venezuela during 
2004, despite the Government victory in an August referendum to 
recall President Chavez. Opponents charged that the process was 
fraudulent, but Organization of American States (OAS) and 
Carter Center observers found that the official results 
``reflected the will of the electorate.'' Throughout the year, 
the Government increased its control over the judicial system 
and its interference in the administration of justice. 
Nongovernmental organizations (NGOs) were subject to threats 
and intimidation by government supporters. In December, the 
legislature passed laws that erode freedom of the media, 
freedom of speech, and which in effect make criticism of the 
government a criminal offense. The U.S. Government sanctioned 
the Venezuelan Government for continuing to fall short in 
efforts to combat trafficking in persons.
    Fidel Castro added another year to his record as the 
longest serving dictator in the world. The Government retained 
its stance of rejection of all democratic processes and 
continued its harassment and intimidation of pro-democracy 
activists, dissidents, journalists and other professionals and 
workers seeking to undertake economic activities not controlled 
by the state. The majority of the 75 dissidents sentenced to 
long jail terms in 2003 remained incarcerated despite 
international protests, and the authorities arrested 22 
additional human rights activists and sentenced them for acts 
such as ``contempt for authority.'' Addressing abuses in Cuba 
continued to be a priority for the United States as a member of 
the UNCHR.
    During its 2004 session, the UNCHR formally adopted a U.S.-
sponsored resolution on Cuba, as well as resolutions on 
Turkmenistan, North Korea and Belarus for the second year in a 
row. A resolution on Burma was approved by consensus. With such 
member countries as Zimbabwe, Cuba, Sudan, and China, which 
fail to protect their own citizens' rights, the 2004 session of 
the UNCHR fell short in several respects. The Commission failed 
to adopt resolutions on the human rights situations in China, 
Zimbabwe and Chechnya. The United States continued to emphasize 
the need to improve the functioning of the Commission, 
especially by supporting the inclusion of more countries with 
positive human rights records.
    The United States believes that democratically elected 
governments are more likely to respect their citizens' human 
rights. For this reason, the United States collaborated with 
other participating countries of the Community of Democracies 
(CD), a network of democratic countries working together to 
promote, solidify, and advance democracy throughout the world. 
In 2004, the U.S. joined other CD countries to help launch the 
formation of a democracy caucus, a group of like-minded 
countries that coordinates more closely in the UNCHR and other 
UN settings to advance goals consistent with democratic values. 
At the UNCHR, the United States--jointly with Peru, Romania and 
East Timor--introduced and succeeded in having adopted a 
resolution to enhance the UN's role in promoting democracy. 
Among the resolution's recommendations is a call for the 
establishment of a mechanism--a ``Focal Point''--within the 
Office of the High Commissioner for Human Rights, dedicated to 
helping new and emerging democracies access UN resources 
available to support them.
    In addition to its support for the creation of the UN 
democracy caucus, the CD sought to support the development of 
democratic institutions and values through projects linking 
democratic countries. It sent a multinational delegation of 
democracy practitioners to East Timor to share best practices 
with Timorese officials. Likewise, a group of Iraqi, election-
related officials traveled from Iraq to Lithuania to observe 
and learn about election processes. Unifying democratic voices 
against violations of basic human rights--rights that have been 
codified in the Universal Declaration of Human Rights and that 
were reaffirmed in the CD's Warsaw Declaration and Seoul Plan 
of Action--is an essential way to maintain pressure on 
governments that deny and violate the rights of their own 
citizens.

                         INSTITUTIONAL CHANGES

    In Qatar, the process of constitutional change continued 
with the Emir's approval of the draft of a new constitution 
that voters overwhelmingly had approved in 2003. Although the 
Emir's family will maintain hereditary rule, the new 
constitution expected to be enacted in June 2005, contains a 
number of human rights provisions.
    In Pakistan, President Musharraf continued as Chief of the 
Army Staff, despite his promise to step down by year's end.
    In Africa, the Central African Republic (CAR) enacted a new 
constitution and took a number of other steps to further an 
announced transition to democracy under President Bozize, who 
seized power in a March 2003 coup. In Guinea-Bissau, following 
a military coup in September 2003, the military installed a 
civilian government. In both cases, the stabilization of post-
coup situations has been accompanied by a decline in the number 
of reported violations of human rights.
    Turkey's desire to meet the EU Copenhagen Criteria to begin 
the accession process moved the Government to pass an important 
package of reforms, including a new, relatively more liberal 
penal code and a set of constitutional amendments to combat 
honor killings and torture; expand the freedom of religion, 
expression, and association; and reduce the role of the 
military in government. However, implementation of these 
reforms lagged. Security forces continued to commit numerous 
abuses, including torture, beatings, and arbitrary arrest and 
detention, although observers noted a decrease in such 
practices and the European Committee for the Prevention of 
Torture reported that local authorities were making efforts to 
comply with the Government's "zero tolerance" policy on 
torture. Honor killings continued. The Government relaxed some 
restrictions on the use of Kurdish and other languages, but 
restrictions on free speech and the press remained.
    The year witnessed increasing efforts by some governments 
to fight corruption. Costa Rica was the most ambitious in 
actually investigating former high-level officials, as it 
launched separate investigations for misuse of funds, 
kickbacks, and illegal contracts by three former presidents. In 
Africa, anti-corruption campaigns focused on pecuniary as well 
as human rights abuses by officials. Gambian President Jammeh's 
campaign centered on curbing official corruption to restore 
international credibility, and the work of the Commission of 
Inquiry led to the dismissal of a number of top officials and 
some prosecutions for economic crimes. Kenya created an anti-
corruption czar, and the Government opened a number of 
investigations into allegations of extrajudicial killings. In 
Zambia, a Police Complaints Authority instituted in 2003 to 
combat police misconduct continued investigations into 
complaints.

                            POLITICAL RIGHTS

    Regrettably, with the exception of Georgia and Ukraine, 
political developments in Eurasia remain a serious concern. 
Progress continues to be measured largely in terms of civil 
society development. More and more NGOs, opposition parties, 
and citizens are willing to organize and advocate for 
government accountability. In Turkmenistan and Uzbekistan, 
opposition parties are unable to register. At the same time, 
governments of the regions are drawing the wrong lessons from 
Ukraine and Georgia and attempt to stifle civil society by 
harassing democracy NGOs through bureaucratic obstacles and 
specious legal means.
    In Georgia, the progress that international observers noted 
in last January's presidential election set the stage for ``the 
most democratic elections in Georgia's history'' in 
parliamentary voting in March. Other governments in the region 
have made some limited progress in improving electoral 
processes by drafting new election codes. New election laws 
introduced in Kazakhstan, Kyrgyzstan and Tajikistan are an 
improvement in some areas, but in all three countries, the laws 
continue to fall short of international standards. Likewise, 
elections in 2004 in Kazakhstan and Kyrgyzstan marked limited 
improvements over previous ones, but domestic and international 
observers raised questions about voting irregularities, abuse 
or harassment of opposition candidates, or limitations on equal 
access to the media.
    In Belarus, the Government continued to deny citizens the 
right to change their government through a democratic political 
process. A seriously flawed referendum on October 17 removed 
constitutional term limits on the presidency. In advance of the 
referendum and the equally flawed parliamentary elections held 
simultaneously, the Government suspended independent newspapers 
and disqualified many parliamentary candidates. The Government 
used excessive force and in some cases beat and arrested 
political leaders who peacefully protested electoral fraud and 
the journalists covering the protests. During the year, the 
Government also shut down a number of major registered NGOs 
that focused on political rights, and state security 
authorities increasingly harassed those that remained.
    In October, Bosnia and Herzegovina held its first self-
administered municipal elections since the signing of the 
Dayton Peace Accords. The elections were judged to meet 
international democratic standards.
    A notably high voter turnout in a series of three elections 
in Indonesia paved the way for the transition in political 
power there from a defeated incumbent to an elected opposition 
leader. The process also marked the defeat of military and 
police candidates who stood for seats in Parliament. In 
noteworthy elections in Africa, the incumbent political parties 
of Ghana and Mozambique gained re-election in processes that 
were judged generally free and fair. Sierra Leone held its 
first local government elections in 32 years, although there 
were irregularities in some areas.
    In Burundi, concern focused on the delay in holding 
elections and the progress of the country's transition to 
democracy. The Transitional Government failed to hold the local 
and national elections that are stipulated by the Arusha Peace 
and Reconciliation Agreement, and at the end of the year it 
also delayed indefinitely a referendum on a draft constitution. 
The Maoist insurgency and the deadlock among Nepal's political 
parties also prevented the holding of elections there during 
the year and helped deepen the country's political crisis.
    In Rwanda, greatly circumscribed political rights were 
further limited when leading human rights organizations were 
either shut down or effectively dismantled. The action was 
justified as part of a campaign against ``divisionism,'' 
according to a government report that accused human rights 
groups, journalists, teachers, and churches of promoting an 
``ideology of genocide.''
    The Iranian Government's respect for the freedom and 
political participation of its citizens continued to 
deteriorate. Elections that were widely perceived as neither 
free nor fair were held for the 290-seat Majlis (Parliament) in 
February. The conservative, cleric-dominated Guardian Council 
excluded virtually all reformist candidates, including 85 
incumbent members of parliament. Reasons cited included not 
showing "demonstrated obedience" to the current system of 
government. As a result of the seriously-flawed elections, 
reformers were reduced to a small minority of the parliament. 
Meanwhile, the conservative backlash against reformist trends 
and parties continues.

                      INTERNAL AND OTHER CONFLICTS

    The Truth and Reconciliation Commission of Sierra Leone 
completed public hearings in which approximately 10,000 
citizens participated to air grievances as victims or provide 
confessions from the civil war. The Commission suggested legal, 
political and administrative reforms to the Government. The 
Government also released numerous children who had fought as 
child soldiers. By year's end, the UN Mission to Sierra Leone 
(UNAMSIL) had handed over responsibility countrywide to the 
Sierra Leone Armed Forces and the Sierra Leone Police, as 
UNAMSIL began preparations to withdraw by June 2005 as 
stipulated by its Security Council mandate.
    After being elected in a runoff at the end of 2003, 
Guatemalan President Oscar Berger ``re-launched'' the 1996 
Peace Accords as a national agenda and symbolically apologized 
to citizens on behalf of the State for human rights violations 
committed during that country's protracted civil war. The 
Government also reduced the size of the military, eliminated 
some major commands and units and reduced the military budget. 
In August, the military made public a new doctrine, which 
includes provisions on the importance of protecting human 
rights.
    As a result of negotiations throughout the year, the 
Government of Colombia demobilized approximately 3,000 fighters 
from the paramilitary United Self-Defense Forces of Colombia 
(AUC) in November and December. In addition, hundreds of 
municipal officials returned to their towns after the 
government established a permanent police presence in every 
urban center in the country. As a result, rates for homicides, 
kidnappings, and other violent crimes decreased.
    In Haiti, domestic conflict continued throughout the year. 
The political impasse, combined with increasing violence 
between pro- and anti-Aristide factions, culminated on February 
29, when President Aristide submitted his resignation and left 
the country. Despite the presence of UN peacekeeping forces, 
the constitutionally-established Interim Government remained 
weak. In September, pro-Aristide partisans in Port-au-Prince 
launched a campaign of destabilization and violence known as 
"Operation Baghdad." This campaign included kidnapping, 
decapitation and burning of police officers and civilians, 
indiscriminate shootings, and the destruction and incineration 
of public and private property. The violence prevented the 
normal functioning of schools, public markets, the seaport, and 
the justice system in Port-au-Prince for several weeks.
    A series of conflicts continued to trouble South Asia. In 
Jammu and Kashmir and the northeastern states of India, 
violence continued, and security forces committed abuses with 
impunity, killing civilians and not just armed combatants. In 
Sri Lanka, both the Government and the terrorist organization, 
Liberation Tigers of Tamil Eelam, violated the ceasefire. In 
Nepal, the disappearance of persons in custody remained a very 
serious problem, and government security forces continued to 
have broad authority to arrest and detain individuals suspected 
of sympathizing with the Maoist insurgents. Security forces 
also used arbitrary and unlawful lethal force. As the Maoist 
insurgency continued, rebel militants tortured civilians, while 
government agents forcibly conscripted children as soldiers and 
conducted bombings that killed civilians.
    The Great Lakes region of central Africa, which encompasses 
the Democratic Republic of the Congo (DRC), Rwanda, Burundi and 
Uganda, has been plagued by civil war, large-scale interethnic 
violence, and massive human rights abuses associated with them 
for well over a decade due to the continuing presence of armed 
groups and militia that move between the countries. These 
groups compete with one another for strategic and natural 
resources and inhabit an environment of shifting alliances. 
Among the most worrisome groups in the eastern Congo are those 
who took sanctuary in the region after the 1994 Rwandan 
genocide. This same group continues to oppose the Government of 
Rwanda and launch cross-border campaigns, as well as attack 
civilians in the DRC and commit numerous other abuses. There 
are also armed groups in the region who oppose the governments 
and peace process in Uganda and Burundi.
    While prospects for peace in the Great Lakes region are 
promising, human rights abuses are almost routine. Children are 
the primary victims and are forcefully recruited, abducted, and 
turned into soldiers, although some of the governments have 
made progress in demobilizing child soldiers in their ranks. 
Some militia groups are predominantly comprised of children. 
Women and girls are particularly vulnerable, as rape 
increasingly is used as a weapon of war. The region is a home 
to approximately five million of the world's 25 million 
internally displaced persons and hosts a number of refugees. 
The United States is actively pursuing talks between the DRC, 
Uganda and Rwanda. We continue to monitor the situation in all 
the countries in the region by focusing attention on the threat 
posed by armed groups.
    In Cote d'Ivoire, an attack on the rebel positions and an 
air strike on French peacekeeping troops in November broke the 
tenuous 18-month ceasefire between the Government and rebels. 
Despite the embargo and threat of sanctions, the Government has 
threatened to pursue a military solution to the conflict. 
President Bush determined that Cote d'Ivoire, once one of the 
United States' largest trading partners in the region through 
the Africa Growth and Opportunity Act (AGOA), was ineligible 
for AGOA this year due to concerns about the security situation 
and the general decline in the rule of law that make it a 
hostile place for foreign investment.
    In Russia, the September attack on a school in Beslan in 
North Osettia and the ongoing disappearances of civilians 
detained by security forces underscored the extent to which 
both sides in the expanding conflict in the North Caucasus 
continue to demonstrate little respect for basic human rights. 
There were credible reports of serious violations, including 
politically motivated disappearances and unlawful killings, by 
both the government and Chechen rebels. Individuals seeking 
accountability for these abuses also continued to be targeted, 
and Chechen rebels continued to attack Russian civilians, 
including a bombing of a Moscow subway.

                        INTEGRITY OF THE PERSON

    After years of controversy, the Chilean Supreme Court 
upheld an appeals court decision to lift the judicial immunity 
of former President Augusto Pinochet. On December 13, a 
prosecuting judge indicted Pinochet for crimes committed as 
part of ``Operation Condor'' during the 1970s. In Central 
African Republic as the process of transition to civilian rule 
continued, the government disbanded the Security Investigation 
Division, a military intelligence unit that was accused of 
committing numerous human rights abuses, including torture, 
rape and extortion, during 2003. In December 2003, President 
Bozize reconvened the permanent military tribunal after an 
eight-year suspension. The tribunal considered cases on a 
variety of alleged human rights abuses including extrajudicial 
killings, rape and armed robbery.
    North Korea remains one of the world's most repressive and 
brutal regimes. An estimated 150,000-200,000 persons are 
believed to be political prisoners in detention camps in remote 
areas, and defectors report that many prisoners have died from 
torture, starvation, disease, exposure, or a combination of 
causes. The regime also subjects citizens to rigid controls 
over many aspects of their lives.
    In Egypt, the 1981 Emergency Law, extended in February 2003 
for an additional three years, restricted many basic rights. 
The security forces continued to mistreat and torture 
prisoners, which resulted in at least ten reported deaths in 
custody at police stations or prisons during the year. 
Arbitrary arrest and detention and prolonged pretrial detention 
remained serious problems. Dismal prison conditions persisted.
    Widespread use of torture by the Government of Syria 
resulted in at least eight deaths during the year. Arbitrary 
arrest and detention, prolonged pre-trial detention without 
trial, fundamentally unfair trials in the security courts, and 
deteriorating prison conditions all persisted. Throughout the 
year, the security services conducted mass arrests of Kurds in 
Hassakeh province, Aleppo, Damascus, and other areas. On March 
12, security forces in Qamishli, in the northeastern Hassakeh 
province, opened fire on a crowd at a soccer match after 
clashes between Arab and Kurdish fans erupted. In the days of 
rioting that followed, dozens were killed, as many as 2,000 
Kurds were detained, and nearly 300 Kurds remained in custody 
and were awaiting trial before the State Security Court and 
Military Court at year's end. The Government also continued to 
withhold information on the welfare and whereabouts of persons 
who have been held incommunicado for years.
    In Uzbekistan, torture was routine in prisons, pretrial 
facilities, and local police and security service precincts, 
and members of the security forces responsible for documented 
abuses were rarely punished. However, the government took some 
notable steps to address torture and establish police 
accountability. It created preliminary procedures within some 
divisions of the Ministry of Internal Affairs for investigating 
and disciplining officers for human rights abuses and allowed 
NGO access to its prisons and to train prison guards in human 
rights practices. The Government also cooperated with 
international forensic experts to take part in investigations 
of deaths in custody in which torture had been alleged.

                          FREEDOM OF THE PRESS

    A conservative backlash to democratic demands in Iran 
extended into a number of areas beyond explicit questions of 
political rights. For example, the investigation into the 2003 
death of a Canadian/Iranian photographer who suffered a brain 
hemorrhage after sustaining injuries while in an Iranian prison 
stagnated during 2004. The Government also gradually suppressed 
all independent domestic media outlets and arrested or 
intimidated their journalists into silence. In 2004 the last 
forum for free debate, weblogs, came under pressure when the 
government began arresting their creators and forcing them to 
sign false confessions. The increase in government pressure and 
control of media in Russia continued to weaken freedom of 
expression and independence of the media there, as a trend of 
increasing control and harassment of the press was noted in a 
number of Eurasian countries, especially Belarus and some 
countries in Central Asia. The Russian approach centered on use 
of controlling ownership of broadcast media to limit access to 
information on sensitive issues, such as Chechnya. Government 
pressure also increased self-censorship of journalists.
    In Togo, after the Government undertook formal political 
consultations with the European Union, it adopted a new press 
code with mixed results. It eliminated prison sentences for 
most journalistic offenses, but maintained them for inciting 
certain actions, such as ethnic hatred or violation of the law, 
as well as for publishing under a false name. The law also sets 
standards of professionalism for journalists and requires 
independent newspapers to ensure that at least one third of 
their staff meet the Government's standards.
    While Algeria experienced its first contested democratic 
election in 2004, leading to the reelection of President 
Bouteflika, the Government acted to increase restrictions on 
the media. The use of defamation laws and government harassment 
of the press significantly increased, leading to the 
imprisonment of several journalists for terms from two to 24 
months, closure or suspension of two newspapers, and more self-
censorship by the press.
    In Venezuela, international organizations and domestic 
journalists charged the government with encouraging a climate 
of hostility toward the media. Administrative acts, combined 
with a new law passed in December, created a climate of 
hostility toward the independent media with increasing threats 
of prosecution.

                          FREEDOM OF RELIGION

    These issues are discussed in depth in the Annual Report on 
International Religious Freedom, released in September 2004, 
while these Country Reports further highlight and update 
important developments.
    The International Religious Freedom Act requires that those 
countries that engage in particularly severe violations of 
religious freedom be designated as Countries of Particular 
Concern (CPC). In September 2004, the Secretary of State re-
designated Burma, China, Iran, North Korea, and Sudan as CPCs, 
and designated for the first time Eritrea, Saudi Arabia, and 
Vietnam.
    With the cessation of government-sponsored violations of 
religious freedom under Saddam Hussein, the Secretary acted to 
remove Iraq's CPC designation in June 2004. Since the 
liberation of Iraq by coalition forces, there have been no 
governmental impediments to religious freedom, and the Iraqi 
Transitional Administrative Law provides for ``freedom of 
thought, conscience, and religious belief and practice.''
    The Government of Saudi Arabia's actions in the area of 
religious freedom were disappointing. Throughout 2004, senior 
U.S. officials engaged Saudi authorities in an intense 
discussion of religious practices, and in September, the 
Secretary of State designated Saudi Arabia as a "Country of 
Particular Concern" under the International Religious Freedom 
Act for particularly severe violations of religious freedom. 
The Government rigidly mandates religious conformity. Non-
Wahabi Sunni Muslims, as well as Shia and Sufi Muslims, face 
discrimination and sometimes severe restrictions on the 
practice of their faith. A number of leaders from these 
traditions have been arrested and imprisoned. The government 
prohibits public non-Muslim religious activities. Non-Muslim 
worshippers risk arrest, imprisonment, torture, or deportation 
for engaging in religious activities that attract official 
attention. There were frequent instances in which mosque 
preachers, whose salaries are paid by the government, used 
violent language against non-Sunni Muslims and other religions 
in their sermons.
    Vietnam continued to restrict freedom of religion and the 
operation of religious organizations other than those approved 
by the State. The Government failed to issue a nationwide 
decree banning forced renunciations of faith, did not end the 
physical abuse of religious believers, continued to hold a 
significant number of religious prisoners, and although it 
permitted the re-opening of some churches closed in the Central 
Highlands in 2001, it refused to allow the re-opening and 
registration of hundreds of others. However, following CPC 
designation, some improvements in religious freedom were 
evident. Some religious leaders expressed cautious optimism 
about a new Ordinance on Religion that the Government released 
in November, and in December, the Evangelical Church of Vietnam 
North (ECVN) held its first National Congress in 20 years and 
named a new, independent leadership board. Among the gains in 
freedom of religion covered by the Country Reports, the 
Jehovah's Witnesses in Armenia succeeded in October to register 
with the government after they had experienced a string of 
rejected applications. In Bosnia and Herzegovina, a new state-
level law on religious freedom passed both houses of the 
legislature. The law provides comprehensive rights to religious 
communities and confers a legal status upon them they had not 
held previously. And in Georgia, there were fewer reports of 
violence against minority religious groups this year.

              TREATMENT OF MINORITIES, WOMEN AND CHILDREN

    On December 30, the Department of State completed its 
Report on Global Anti-Semitism, July 1, 2003-December 15, 2004. 
Drawing extensively on material from our embassies, NGOs and 
accounts submitted for these Country Reports, this separate 
compendium was prepared in accordance with a separate 
legislative provision.
    In the Czech and Slovak Republics, discrimination against 
Roma persisted, although both governments made efforts to 
improve the situation through such measures as revising legal 
norms and recruiting Roma to serve as community liaisons with 
the police forces or as health assistants.
    In Croatia, the restitution of property to mostly Serb 
refugees has improved significantly, although local obstruction 
to the return of minority groups remained a problem. In Kosovo, 
acts of violence against the minority Kosovo Serb population 
and other non-Serb minorities took place during a series of 
riots over two days in March, demonstrating the continued 
tenuousness of minority rights there.
    In Thailand, the government's human rights record was 
marred by abuses committed by security forces against Muslim 
dissidents in the southern part of the country. On April 28, 
elements of the police and military killed more than 100 
persons while repelling attacks by Muslim separatists in Yala, 
Pattani, and Narathiwat provinces. On October 25, 78 Muslim 
detainees being transported to an army camp died from 
asphyxiation after police and military forces stacked them into 
overcrowded truck beds.
    In Afghanistan and Iraq, women made unprecedented strides 
in exercising political rights by voting, holding public office 
and standing for election as candidates. In education and other 
areas as well, women made increasing strides in achieving basic 
rights. In Pakistan, special women's police stations with all 
female staff have been established in response to complaints of 
custodial abuse of women. Additionally, while honor killings 
continued in Pakistan, new legislation stiffened penalties for 
honor killings and criminal proceedings for the blasphemy laws 
and Hudood ordinances were changed to reduce abuses.
    In a number of countries, one of the most significant 
problems related to the abuse of women and children is the 
failure of the state to combat vigorously against conditions 
that engender the trafficking of women and children.
    In Burma, women and girls from villages were trafficked for 
prostitution at truck stops, fishing villages, border towns, 
and mining and military camps. Burmese men, women and children 
are also trafficked to other countries. Government economic 
mismanagement and forced labor policies worsen the situation.
    In the United Arab Emirates (UAE), women and girls are used 
as prostitutes and domestic servants, and young boys are 
exploited as camel jockeys. A recent documentary on camel 
jockeys notes the very young age at which abuse often begins, 
the harsh conditions that may lead to serious injuries or 
death, and the malnutrition, and physical and sexual abuse by 
employers. The Government has pledged and taken some measures 
of limited effectiveness against these practices.
    State promotion of tourism drives the predatory interests 
that promote sex tourism and sexual exploitation of underage 
girls for prostitution in Cuba.
    The booming oil sector in Equatorial Guinea contributes to 
making the country both a transit point and destination for 
trafficking of women for prostitution.
    The estimate of the number of Indians trafficked into 
forced labor and the sex trade runs into the millions, in 
addition to thousands of Nepalis and Bangladeshis trafficked to 
India for sexual servitude. Trafficking in persons in India is 
a significant problem, and some government officials 
participated in and facilitated the practice. While India 
continues to lack a national law enforcement response to its 
trafficking in persons problem, some progress has been noted in 
individual states and the central government recently expressed 
a commitment to establishing and implementing a national anti-
trafficking policy.
    Violence and discrimination towards vulnerable groups 
continued to be a problem in Tanzania. In August, the semi-
autonomous island of Zanzibar outlawed homosexuality and set 
severe penalties for it in its autonomous island territory. On 
mainland Tanzania, 4 million women and girls have undergone 
female genital mutilation (FGM), and despite a law partially 
outlawing the practice, police rarely enforced the law and the 
average age of the practice appeared to have decreased in an 
effort to avoid detection.

                             WORKER RIGHTS

    In Iraq, the exercise of labor rights remained limited, 
largely due to violence, unemployment, and maladapted labor 
organizational structures and laws, although, with 
international assistance, some progress was underway at year's 
end. According to the Brussels-based International 
Confederation of Free Trade Unions (ICFTU), workers reported 
organizing unions in workplaces where they were forbidden under 
the laws of the former regime and revitalized union structures 
previously dominated by the Ba'ath party. The International 
Labor Organization (ILO) provided technical assistance to Iraq 
throughout the year to help bring its labor laws into line with 
international labor standards, rebuild the capacity of the 
Ministry of Labor and Social Affairs, establish emergency 
employment services, and put in place training and skills 
development programs.
    In April, a Commission of Inquiry appointed under Article 
26 of the ILO Constitution visited Belarus to investigate a 
complaint that the Government was systematically violating its 
obligations under the ILO's fundamental Conventions on freedom 
of association and protection of the right to organize and 
bargain collectively, both of which it has ratified. The 
Commission's report, issued in October, concluded that the 
country's trade union movement was subject to significant 
government interference. The Commission recommended that the 
government take all necessary steps to register independent 
unions, amend laws and decrees restricting freedom of 
association, protect independent trade unionists from anti-
union discrimination, and disseminate the Commission's 
conclusions and recommendations. It stated that most of these 
recommendations should be implemented by June 2005 at the 
latest.
    Under the leadership of President Bush the United States 
has stepped forward with its democratic allies to reaffirm our 
commitment to human rights and democracy. We rest upon the 
principle that nations governed by free people will be the 
cornerstone for the development of a world that is more 
peaceful for all. The execution of our democratic duty depends 
on the determination and passion of its promoters. Let the 
following Country Reports serve as an indicator of the progress 
made and as a guide for the challenges ahead. 


                                 AFRICA

                              ----------                              


                                 ANGOLA

    Angola is a constitutional republic in transition after its 27-year 
civil war ended in 2002. Legislation provides for decentralization; 
however, the Government remained highly centralized and dominated by 
the Presidency. The Popular Movement for the Liberation of Angola 
(MPLA) has ruled the country since its independence from Portugal in 
1975. President Jose Eduardo dos Santos of the MPLA, who assumed power 
in 1979, won 49 percent of the votes cast in a 1992 election that U.N. 
observers considered generally free and fair. The Government of 
National Reconciliation was formed in 1997 after the National Union for 
the Total Independence of Angola (UNITA) and 10 smaller opposition 
parties joined the ruling MPLA. The National Assembly was weak; while 
opposition deputies held approximately 43 percent of National Assembly 
seats, few mechanisms exist to check the power of the MPLA majority or 
defeat legislation supported by the executive branch. The judiciary was 
subject to executive influence, functioned poorly at the provincial and 
municipal levels and did not always ensure due process.
    The Ministry of Interior, through the Angolan National Police 
(ANP), is responsible for internal security. The internal intelligence 
service is directly answerable to the Office of the Presidency. The 
Armed Forces of Angola (FAA) is responsible for external security but 
also has domestic responsibilities; the FAA conducted counterinsurgency 
operations against the Front for the Liberation of the Enclave of 
Cabinda-Armed Forces of Cabinda (FLEC-FAC). The civilian authorities 
maintained effective control of the security forces. Members of the 
security forces committed human rights abuses.
    The mixed economy, dominated by oil, grew by over 10 percent during 
the year; however, most of the country's wealth remained concentrated 
in a few hands. Although commercial and agricultural activity in urban 
and rural areas increased since the end of the war, 70 percent of the 
population of approximately 13 million continued to live in poverty. 
Approximately 85 percent of the population residing outside of Luanda 
were employed in agriculture, mostly at a subsistence level. 
Corruption, nontransparent contracting practices, and unfair 
enforcement of regulatory and tax regimes favored the wealthy and 
politically influential. Poor governance continued to limit the 
provision of basic services to most citizens. Although conditions 
improved in many parts of the country, the U.N. Office for the 
Coordination of Humanitarian Assistance (OCHA) estimated that 1.1 
million citizens were still at risk of food insecurity, with 500,000 
needing immediate food assistance.
    The Government's human rights record remained poor; although there 
were improvements in a few areas, serious problems remained. The right 
of citizens to change their government remained restricted due to the 
postponement of elections. Members of the security forces committed 
unlawful killings, were responsible for disappearances, tortured, beat, 
raped, and otherwise abused persons. Impunity remained a problem. 
Prison conditions were harsh and life-threatening. The Government 
continued to use arbitrary arrest and detention, and lengthy pretrial 
detention was a problem. The Government infringed on citizens' privacy 
rights. The Government at times restricted freedom of speech and of the 
press, and harassed, beat, and detained journalists. The Government at 
times restricted freedom of assembly. Unlike in previous years, there 
were no reports that internally displaced persons (IDPs) were displaced 
by conflict; however, there were unconfirmed reports that refugees were 
included in the expulsions carried out during Operacao Brilhante. The 
Government began implementing a law that could increase restrictions on 
nongovernmental organizations (NGOs). Violence and discrimination 
against women, as well as adult and child prostitution, was common. 
Children and persons with disabilities continued to suffer as a result 
of poor economic conditions and limited protections against 
discrimination. Indigenous people suffered from discrimination and 
economic exploitation. There were reports of trafficking in persons. 
The Government continued to dominate much of the labor movement and did 
not always respect worker rights. Child labor was a problem.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--There were no 
political killings by the Government or its agents; however, security 
forces killed an unknown number of persons. Local human rights 
organizations reported that police and, increasingly, members of the 
Civil Defense Organization (ODC) were the primary human rights abusers 
and responsible for most unlawful killings (see Section 1.c.). Impunity 
remained a serious problem.
    There were reports that military forces in Cabinda, including 
insurgency forces, executed civilians. The Human Rights Report on 
Cabinda, published by the civic association Mpalabanda, alleged that 
there were 19 civilians killed by military forces from September 2003 
to December.
    Clashes between Government troops and the FLEC-FAC in Cabinda 
continued. Reports of civilians killed occurred throughout the year. 
The failure of the Government to provide adequate protection for 
civilians contributed to the number of civilian casualties. In January, 
two civilians died in Mikuma, Cabinda in fighting between the FLEC and 
the FAA. In a reprisal attack, an army special forces unit killed four 
men in Kaiu. On April 24, an unidentified armed group believed to be 
guerillas attacked Massabi, Cabinda, killing 6 and injuring 10 others. 
FLEC-FAC forces reportedly tortured and killed at least one civilian.
    There were no further developments in the May 2003 case in which 
FLEC guerillas executed a person for collaborating with the Government.
    Police resorted regularly to unlawful killings, especially of known 
criminal gang members, as an alternative to relying on the country's 
ineffective judicial system.
    Several persons died during an operation to expel illegal migrant 
workers from the country (see Section 1.c.). Police also killed several 
street vendors during riots following efforts to clear former market 
sites (see Section 2.b.).
    Police and the military killed civilians during protest 
demonstrations (see Section 2.b.).
    In July, the Government charged eight members of the Presidential 
Guard (UGP) for the November 2003 detention, torture, and drowning 
death of a car washer heard singing lyrics critical of the Government. 
All eight were acquitted in November.
    There were no further developments in the April 2003 police 
shooting of a child in Boa Vista or the alleged killings by police 
reported in August 2003.
    Prisoners died in official custody (see Section 1.c.).
    Eight provinces, encompassing approximately 50 percent of the 
country, contained areas that were heavily mined. The U.N. Development 
Program (UNDP) estimated that there were 2 million unexploded munitions 
in the country; however, international NGOs conducting landmine 
clearance operations in the country estimated the number of landmines 
at 500,000. According to the Angolan Commission for Demining and 
Humanitarian Assistance, 73 persons were killed and 114 injured as a 
result of 86 mine-related incidents during the year. There were more 
than 80,000 landmine victims with injury-related disabilities.
    On July 2, three unidentified men shot Mfulumpinga Landu Victor, 
leader of the Democratic Party for Congress (PDP-ANA), as he entered 
his car not far from his party's office. The Government and police 
considered the killing a botched carjacking. Some political opposition 
parties believed the crime to be politically motivated. Police launched 
an investigation and at year's end one of two suspects remained in 
custody. The other suspect was released due to lack of evidence.
    On November 11, Vincente Tembo, a UNITA deputy, was shot but not 
killed in a suburb of Luanda. Opposition groups claimed the shooting 
was politically motivated; however, the police denied this claim. An 
investigation was underway at year's end.

    b. Disappearance.--Persons taken into police custody reportedly 
disappeared in some cases, particularly in rural areas. Local human 
rights organizations in Cabinda reported several disappearances of 
persons detained by government forces during the year for alleged ties 
to FLEC insurgents.
    In March, UNITA reported the disappearances of a municipal UNITA 
secretary and a member of the UNITA youth wing (JURA) in Benguela. 
These individuals were not found, and the MPLA denied any involvement 
in this disappearance.
    There were no developments in the July 2003 disappearance of two 
young farmers in Huambo.
    There were no further developments in the 2002 reported 
disappearances.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution and the Penal Code 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 these abuses 
were widespread. Government spokespersons acknowledged problems, 
ascribing them to poor training and individual misdoings.
    FAA personnel were responsible for torture and other forms of cruel 
and degrading treatment, including rape, in Cabinda during the year. 
The Human Rights Report of Cabinda, published by the Cabinda civic 
association Mpalabanda, reported 50 cases of torture or cruel and 
degrading treatment during the year. Police were frequently accused of 
using torture and coerced confessions during investigations and often 
beat and released suspects in lieu of trials. Persons suspected of ties 
to FLEC were allegedly subjected to brutal forms of interrogation. 
During the year, a visit by the U.N. Special Representative for Human 
Rights Defenders, Hina Jilani, and a report by Human Rights Watch (HRW) 
brought further attention to the problems in Cabinda. The large number 
of FAA troops deployed within the Cabindan population was identified as 
a major contributor to the human rights abuses.
    In an attempt to curb illegal diamond mining, the Government 
targeted and expelled over 120,000 Congolese and West African migrant 
miners. This operation, code named ``Operacao Brilhante,'' involved 
members of the FAA, National Police, and Ministry of Interior 
Immigration officials. Security forces detained, beat, raped, performed 
invasive body cavity searches, and shot migrant diamond workers as part 
of this operation. At least two persons drowned when forced to cross 
the river separating the country from the Democratic Republic of the 
Congo (DRC). Prior to expulsion, many were held for a few days in 
transit camps that lacked sufficient water, sanitation, and shelter. 
Lack of transport forced many to cover the last 40 miles of the journey 
to the border on foot. In July, the operation resumed after a 45-day 
suspension, as did reports of human rights abuses. The FAA and National 
Police reportedly changed their methods, and expulsions became more 
humane following a public announcement in September of condemnation by 
Agostinho Fernando Nelumba, Chief of Staff of the FAA. Nevertheless, 
problems remained, as evidenced by the December 6 prison deaths, and 
the operation continued at year's end.
    Police participated in acts of intimidation, robbery, harassment, 
and killings (see Sections 1.a. and 1.f.). Authorities forcibly moved 
and injured vendors in various Luanda markets as part of a campaign to 
clean up the streets and improve traffic circulation (see Section 
2.b.).
    During the year, police beat journalists (see Section 2.a.).
    Police injured and killed persons while forcibly dispersing 
demonstrations (see Section 2.b.).
    Government authorities harassed opposition party members (see 
Section 3).
    Police harassed NGO workers during the year, extorted money from 
travelers, and harassed and abused refugees (see Sections 2.d. and 4).
    There were no developments in the 2003 and 2002 cases of police 
torture and other cruel, inhuman, or degrading treatment by security 
forces.
    There were also reports that police assaulted prostitutes during 
the year (see Section 5).
    Landmines continued to result in injuries (see Section 1.a.).
    The press reported that FLEC-FAC forces continued to torture and 
kill civilians in Cabinda.
    Between July 17 and 21, a mob burned and looted 80 homes of known 
or supposed UNITA supporters in Cazombo, Moxico, to protest the 
appointment of a former UNITA general to the new UNITA office. During 
the war, the general had ordered the destruction of the locality's 
bridge over the Zambezim River. Authorities arrested one traditional 
leader for instigating the violence.
    Prison conditions were harsh and life-threatening. During the year, 
human rights activists reported that prison officials routinely beat 
and tortured detainees. The national prison system continued to hold 
approximately five times the number of prisoners for which it was 
designed. Overcrowding in Luanda prisons diminished after the 
completion in November of the rehabilitation and expansion of the Viana 
prison; however, local human rights organizations reported that 
conditions were considerably worse outside the Luanda prison system. In 
Bengo, Malange, and Lunda Norte Provinces, warehouses were used as 
prison facilities during the year. In Huila Province, the provincial 
penitentiary held 350 prisoners in a facility designed for 150.
    On December 6, local media reported that between 8 to 16 prisoners 
died due to asphyxiation in an overcrowded police station cell in 
Mussendi, Lunda-Norte. The detainees, some of whom were from the DRC, 
were being held as part of Operacao Brilhante. In protests following 
these deaths, police reportedly killed two individuals (see Section 
2.b.). The National Police Commander publicly admitted wrongdoing, 
ordered the arrest of the local commander and several officers, and 
stated that an investigation was underway.
    Many prisons, lacking adequate financial support from the 
Government, were unable to supply prisoners with basic sanitary 
facilities, adequate food, and health care. Prisoners depended on 
families, friends, or international relief organizations for basic 
support. There were reports that prisoners died of malnutrition and 
disease. For example, in the Condeueji prison in Luanda Norte, 
independent media reported that six inmates died between June 1 and 3 
due to inadequate food and water, harsh conditions, and lack of medical 
treatment.
    Prison officials, who were chronically underpaid, 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 to which they were entitled. There 
were reports of prison officials operating an informal bail system, 
releasing prisoners until their trial date for fees ranging from $300 
to $1,500 (25,000 to 127,500 kwanza).
    Female prisoners were held separately from male prisoners; however, 
there were reports that prison guards sexually abused female prisoners. 
Juveniles, often incarcerated for petty theft, were housed with adults 
and suffered abuse by guards and inmates. Pretrial detainees frequently 
were housed directly with sentenced inmates, and prisoners serving 
short-term sentences often were held with inmates serving long-term or 
life sentences for violent crimes.
    The Government permitted foreign diplomatic personnel and local and 
international human rights observers to visit prisons during the year; 
however, NGO officials were denied access or given limited access to 
prisons in the provinces. Government authorities refused access to 
protesters detained following the April demonstration in Canfunfo (see 
Section 2.b.). The Government did not consistently report the arrest of 
foreign nationals to the appropriate consular authorities.

    d. Arbitrary Arrest or Detention.--The law prohibits arbitrary 
arrest and detention; however, security forces did not always respect 
these provisions in practice. Persons were often denied due process. 
The National Police were the primary source of abuses during the year; 
however, reports of arbitrary detentions by the FAA continued in 
Cabinda. For example, in March, Cabindan authorities reportedly 
detained a man for having downloaded FLEC information from the 
Internet.
    The National Police are under the Ministry of the Interior and are 
responsible for internal security and law enforcement. Other than those 
personnel assigned to elite units, police were poorly paid, and the 
practice of supplementing their income through extortion from the 
civilian population was widespread. Impunity remained a serious 
problem. The complaints office at the headquarters for the National 
Police received an average of 10 complaints from citizens a day 
regarding police misconduct. There were reports that police members 
were sanctioned internally and even removed from their positions for 
alleged violations. Most complaints were handled within the National 
Police via internal disciplinary procedures; however, on December 19 a 
member of the Luanda police was sentenced to 18 years' imprisonment for 
his involvement in the killing of a civilian in March, during an 
attempt to extort money from 3 individuals.
    During the year, NGOs provided human rights and professional 
training to police and military. Police also participated in 
professional training with foreign law enforcement officials from 
several countries in the region.
    Under the law, a person caught in the act of committing a crime may 
be arrested and detained immediately. Otherwise, the law requires that 
a judge or a provincial magistrate issue an arrest warrant. Arrest 
warrants also may be signed by members of the judicial police and 
confirmed within 5 days by a magistrate; however, security forces did 
not always procure an arrest warrant before placing individuals in 
detention.
    The Constitution provides for the right to prompt judicial 
determination of the legality of the detention. 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 investigative detention when an 
individual is caught in the act of committing a crime punishable by a 
prison sentence; however, in practice these limits were exceeded 
commonly.
    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 were sometimes ignored in 
practice or made conditional upon payment of a bribe. 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 police continued to 
arrest and detain persons without bringing detainees to trial.
    The law permits detainees access to legal counsel; however, this 
right usually was not respected in practice, partially due to a severe 
shortage of lawyers. There is a functioning bail system that is widely 
used for minor crimes.
    Although illegal detention continued to be a problem, government 
and NGO attention to the problem increased and NGOs were given better 
access to information within the judicial system. Human rights 
organizations, such as the Association for Justice, Peace, and 
Democracy (AJPD), continued their efforts to secure the release of 
illegally detained individuals. At year's end, there was no update on 
the status of the six individuals the AJPD reported in September 2003 
were being held illegally.
    According to the independent media, security forces continued to 
illegally detain individuals in Cabinda accused of collaborating with 
FLEC. As part of Operacao Brilhante, expelled miners and their families 
were detained in transit centers until their removal from the country 
(see Section 1.c.).
    There were no new developments in the October 2003 incident when 
three young men were detained in Tandu-Macuco village.
    Unlike in previous years, the Government did not temporarily detain 
human rights activists.
    Police sometimes arrested persons holding demonstrations (see 
Section 2.b.).
    An insufficient number of judges and poor communication between 
various authorities led to prolonged detention. More than 60 percent of 
inmates were awaiting trial and it was common for inmates to wait 
approximately 1 to 2 years for trial. In many cases, police beat and 
then released detainees rather than prepare a formal court case. Local 
human rights organizations, such as Maos Livres and AJPD, were 
successful in securing the release of some detainees during the year.

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary; however, the judiciary was subject to executive 
influence. The judiciary functioned poorly at the provincial and 
municipal levels, and did not ensure due process for criminal or civil 
cases. In practice, the court system lacked the means and political 
support to assure its independence. During the year, the Government 
continued to rebuild courts and train new magistrates and prosecutors; 
however, in civil and criminal provincial courts, there was often only 
one judge to cover all cases in the province.
    During the year, the Human Rights Division of the U.N. Mission in 
Angola (UNMA) continued to support human rights training of municipal 
magistrates by the Ministry of Justice. The office trained 53 judges 
and 23 prosecutors during the year.
    The court system consists of the Supreme Court at the appellate 
level plus municipal and provincial courts of original jurisdiction 
under the authority of the Supreme Court. The Supreme Court serves as 
the appellate court for questions of law and fact. The President has 
the power to appoint Supreme Court justices without confirmation by the 
National Assembly. The Constitution provides for judicial review of 
constitutional issues by the Supreme Court until the Constitutional 
Court is established. The creation of the Constitutional Court depends 
on the writing of a new Constitution, expected following legislative 
elections which the Government announced would be held in 2006.
    There were long delays for trials at the Supreme Court. Trials for 
political and security crimes in principle are handled exclusively by 
the Supreme Court; however, there were no such trials. The criminal 
courts have a large backlog of cases that caused major delays in 
scheduling hearings. The legal code and rules of procedure underwent 
positive changes during the year. The Ministry of Justice implemented 
random assignment of judges, updated case management systems, and 
trained law clerks.
    Due to the lack of judicial infrastructure in many provinces and 
municipalities, traditional or informal courts still were utilized. 
Traditional leaders, ``sobas,'' were called upon to hear and decide 
local cases. These courts were expected to continue until the formal 
legal system is rebuilt. They did not provide citizens with the same 
rights to a fair trial as the formal legal system; instead their rules 
were established by the community in which they were located.
    By law, defendants are presumed innocent; trials are public; 
defendants have the right to appeal; there is a functioning system of 
bail; and defendants have the right to counsel; however, the Government 
did not always respect these rights in practice. Trials are public; 
however, each court has the right to close proceedings. Defendants do 
not have the right to confront their accusers. Judges were often not 
licensed lawyers; however, the Ministry of Justice increased efforts 
during the year to recruit and train lawyers to serve as magistrates. 
The judge and two laypersons adjudicate.
    A Court for Children's Affairs, under the Ministry of Justice, 
functions as part of Luanda's provincial court system.
    Government corruption was widespread and accountability was 
limited, despite the Anti-Corruption Tribunal (see Section 3). During 
the year, the Tribunal investigated five cases and found all parties 
guilty, levying fines but no prison sentences.
    There were no reports of political prisoners.

    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The Constitution prohibits such actions; however, the 
Government did not always respect citizens' privacy rights. Legal 
requirements for search warrants occasionally were disregarded, most 
often in police searches for illegal vendors and periodic sweeps of 
public markets.
    In April, policemen reportedly entered a residence in Cazenga, near 
Luanda, and stole $1,000 (85,000 kwanza).
    Citizens widely believed that the Government maintained 
surveillance of certain groups, including opposition party leaders and 
journalists.
    There were fewer reports of abuses in Cabinda, but serious 
incidents were reported. Unlike in the previous year, there were no 
reports that army units burned villages. Local human rights 
organizations reported that the denial of access to agricultural areas 
led to the neglect and subsequent destruction of crops in Cabinda. 
Government forces in Cabinda reportedly attacked women in their homes, 
while they were working in the fields, near military camps, and during 
searches of homes.
    Unlike previous years, there were no IDPs forced to resettle. All 
but 100,000 of the 3.8 million IDPs returned to their area of origin or 
decided to remain permanently with their host communities (see Section 
2.d.).
    Approximately 3 years after the Government evicted 4,200 families 
from their homes in the Boa Vista neighborhood of Luanda for an urban 
renewal project, the Government completed promised replacement houses 
and public buildings. Many of the houses the Government built lacked 
plumbing and electricity.
    The Government continued to demolish informal squatter housing. On 
April 17, military members removed families from approximately 50 
homes, which were later demolished, near Cidade Alta, Luanda. In many 
instances the Government offered no compensation to displaced 
residents. Residents of Soba Kapassa neighborhood evicted between 2001 
and 2003 continued to wait for financial reimbursement from the 
Government. UNITA quartering areas officially closed in June 2003. 
Demobilized soldiers in Camacupa, Bie reported discrimination in land 
distribution. Radio Ecclesia reported that approximately 2,500 
demobilized soldiers and UNITA soldiers moved away from Cazombo, Moxico 
for fear of their safety. Similar incidents in Benguela and Kuando 
Kubango also were reported. The Government indicated that a lack of 
economic opportunity played a role in these movements.
    Unlike in previous years, the FAA did not employ forced movements 
of rural populations as part of its counterinsurgency operations 
against the FLEC.
    There were no new developments in the July 2003 forced removal of 
subsistence farmers in Huambo, Huila, or Kwanza Sul provinces.
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 at times 
restricted this right in practice. There were fewer restrictions on 
journalists during the year. Both radio and print media criticized the 
Government openly, and at times harshly. There were reports that 
police, especially outside Luanda, harassed, beat, and detained 
journalists. There were also reports that the Government paid 
journalists to publish pro-government stories. During the year, there 
was increasing media attention on corruption, economic mismanagement, 
and opposition politics; however, there were reports that journalists 
were investigated for reporting on sensitive issues and that the 
Government limited access by independent journalists to certain events 
and interviews. Journalists exercised self-censorship when reporting on 
highly sensitive matters. The Government did not restrict academic 
freedom.
    The largest media sources were state-run and carried little 
criticism of government officials, though they often highlighted 
government program deficiencies. The Government owned and operated 
Jornal de Angola, the only daily newspaper. There were seven private 
weekly publications with circulation in the low thousands. The 
Government tolerated increasing criticism of its policies and actions 
in the independent media.
    The state press often criticized independent journalists and 
opposition leaders; however, unlike in previous years, independent 
journalists were able to respond to these criticisms.
    There were five commercial radio stations, including the Catholic 
Church's Radio Ecclesia and Radio Lac Luanda, which openly criticized 
government policies and highlighted poor socioeconomic conditions. In 
July, the Minister of Social Communication strongly criticized Radio 
Ecclesia and called it a ``smuggler'' organization for importing 
transmission repeaters and other necessary broadcasting equipment 
without approval. Although Radio Ecclesia broadcasts via the Internet, 
the Government continued to refuse to approve its nationwide FM 
broadcast authority. The Government also publicly criticized the 
international community's support for independent media. Government-
owned and operated Angolan National Radio was the only radio station 
with the capacity to broadcast throughout the country other than over 
shortwave. The only television station was the government Angola Public 
Television (TPA), which broadcast in Luanda and most provincial 
capitals.
    The Government did not restrict the activities of foreign media, 
including the British Broadcasting Corporation and Voice of America. 
Foreign journalists must receive authorization from the Ministry of the 
Interior to meet government officials or to travel within the country. 
Foreign journalists also must obtain work visas issued in their home 
countries to enter and report on the country.
    Government authorities reportedly harassed, beat, and detained 
independent journalists on at least two occasions during the year. In 
April, the Criminal and Investigative Police in Saurimo, Lunda Sul beat 
an Angola News Agency journalist investigating a murder in the area. 
Despite presenting his press credentials, the journalist was detained 
for 1 day. In August, seven policemen beat and confiscated the camera 
of two TPA reporters filming the crackdown on rural women vendors in 
Rangel municipality, near Luanda. All were later released.
    There were no developments in the 2003 or 2002 cases in which 
government authorities harassed journalists.
    A committee composed of the Minister of Social Communication, the 
spokesman of the Presidency, and the directors of state-run media 
organizations had policy and censorship authority. The Government used 
its control of the government media to influence public opinion.
    Defamation of the President or his representatives is a criminal 
offense, punishable by imprisonment or fines. Factuality is not a 
defense to defamation charges; the only allowable defense is to show 
that the accused did not produce the actual material alleged to have 
caused harm. On March 30, the editor of the independent weekly 
Semanario Angolense was sentenced to 45 days in jail or to pay a $106 
(9,000 kwanza) fine. He also was forced to pay a $1,200 (102,000 
kwanza) fine directly to one of the claimants for publishing an article 
that detailed the personal fortunes of prominent government officials.
    There were no updates on the cases of journalists arrested by the 
Government in 2003 on charges of slander.
    The Law on State Secrecy permits the Government to classify 
information. Following the classification of material the Government 
then has the ability to demand information regarding the source of the 
materials and persecute those that published the classified 
information. There were unconfirmed reports that the Government used 
this law to classify information unnecessarily, shielding the public 
from information of government decision-making.
    The Government did not restrict access to the Internet, and it was 
available in several provincial capitals.

    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for the right of assembly; however, the Government at times 
restricted this right in practice. At times police used excessive force 
to break up demonstrations.
    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.'' Applications for pro-government assemblies 
routinely were granted without delay; however, applications for protest 
assemblies sometimes were denied, usually based on the restriction of 
venue. During the year, official tolerance for public protest 
increased, although officials were not consistent in permitting such 
protests.
    In February, government authorities prevented 1,500 activists from 
entering a stadium in Cabinda for a ceremony officially opening the 
civic association Mpalabanda. On June 17, police prevented 50 
Democratic Aid and Progress Party (PADEPA) members from staging a 
demonstration against corruption in downtown Luanda. The Government 
also restricted two planned demonstrations by PADEPA in November and 
December.
    Police used excessive force to break up demonstrations during the 
year. On March 4, a protest organized by vendors to protest closure of 
the Estalagem market in Viana resulted in clashes with police in which 
three civilians and one police officer were killed. Several others were 
injured and the police detained approximately 25 protestors. In April, 
all of the detainees were released and an official investigation into 
excessive force used by police officers continued at year's end.
    On April 22, government forces, under provincial leadership, fired 
on a crowd protesting the removal of generators that provided 
neighborhood power in Canfunfo, Lunda Norte. Following a civilian 
attack on the local police station, an unconfirmed number of civilians 
were killed. The police arrested approximately 17 persons for their 
participation in these events. The authorities reported three of the 
detainees died in custody but refused to allow lawyers or family 
members access to the prison; the remaining detainees were all released 
by year's end.
    In protests following the December 6 deaths of numerous individuals 
in Mussendi, Luanda-Norte police killed two individuals (see Section 
1.c.). The National Police Commander publicly admitted wrongdoing, 
ordered the arrest of the local commander and several officers, and 
stated that an investigation was underway.
    Unlike previous years, there were no reports that opposition 
supporters were detained after holding demonstrations.
    No action was taken against security forces responsible for using 
excessive force to disperse demonstrations in 2003.
    The Constitution provides for the right of association; however, 
the Government sometimes restricted this right in practice. There were 
fewer reports than in previous years that government officials 
interfered with private association. 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 AJPD by not taking action 
on its application originally filed in 2000 (see Section 4).
    The Government arbitrarily restricted associations that it 
considered subversive by refusing to grant licenses for organized 
activities and through official harassment. Opposition parties were 
permitted to organize and hold meetings during the year; however, many 
reported harassment from local authorities outside Luanda (see Section 
3). In March, UNITA members complained that a rural MPLA official in 
Bie ordered police to whip 13 residents to discourage attendance at a 
UNITA rally; however, these allegations could not be confirmed.
    Independent labor activists reportedly also encountered difficulty 
with provincial governments registering branch associations; however, 
vigils and demonstrations took place throughout the year (see Section 
6.b.).

    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government generally respected this right in 
practice.
    Religious groups must register with the Ministry of Justice and the 
Ministry of Culture. Colonial-era statutes ban non-Christian religious 
groups; however, they were not enforced during the year. In March, the 
National Assembly approved a law establishing stricter criteria for the 
registration of religious groups to curb the growth of cults, although 
the law did not have any effect on the registration process. The 
Minister of Justice also announced his opposition to Muslim 
proselytizing.
    A total of 17 religious groups in Cabinda remained banned during 
the year on charges of practicing traditional medicine on the groups' 
members.
    For a more detailed discussion, see the 2004 International 
Religious Freedom Report.

    d. Freedom of Movement Within the Country, Foreign Travel, 
Emigration, and Repatriation.--The Constitution provides for these 
rights; however, the Government at times restricted these rights in 
practice. Extortion and harassment at government security checkpoints 
in rural and border areas interfered with the right to travel. Police 
routinely harassed returning refugees at border checkpoints. The 
Government restricted access to areas of Cabinda that were deemed 
insecure. During the year, previously inaccessible areas were opened to 
travel.
    Extortion at checkpoints was routine in Luanda, pervasive on major 
commercial routes, and served as a principal source of income for many 
of the country's security service personnel. As part of Operacao 
Brilhante, security forces harassed expelled miners and their families 
as they crossed the border into the DRC (see Section 1.c.). In Malanje, 
Congolese citizens reportedly avoided deportation through payments that 
ranged from $50 to $200 (4,250 to 17,000 kwanza) (see Section 1.c.).
    Police forcibly moved poor residents from central neighborhoods in 
Luanda to outlying areas as part of urban renewal programs (see Section 
1.f.).
    Landmines remaining from the civil war were a major impediment to 
the freedom of movement (see Section 1.a.).
    Foreign journalists must obtain authorization from the Ministry of 
the Interior to travel within the country.
    The Constitution prohibits forced exile, and the Government did not 
use it.
    The Government did not place restrictions on emigration and 
repatriation; however, there were reports that immigration officials 
harassed and extorted money from travelers. In February, OCHA declared 
that approximately 100,000 IDPs remained unsettled; however, 70 percent 
of the returnees resettled in areas where the preconditions specified 
in the national guidelines for the resettlement of IDPs had not been 
met. An estimated 40 percent of returnee communities remained closed to 
international humanitarian and development agencies due to destroyed 
access routes or mine obstruction.
    The Ministry of Assistance and Social Re-Insertion (MINARS) has 
primary responsibility for returnees and remaining IDPs, as well as 
continued housing and resettlement programs; however, these efforts 
remained inadequate. Provincial governments have primary responsibility 
for actual resettlement, ensuring safe, voluntary resettlement to areas 
cleared of mines and with access to water, arable land, markets, and 
adequate state administration. Unlike in previous years, there were no 
confirmed reports of forced relocation of IDPs; however, there were 
unconfirmed reports in connection with Operacao Brilhante. More than 65 
percent of returnees did not have access to primary health care, 65 
percent had no potable water, and 75 percent had no basic sanitation.
    There were no new developments on the 2003 reports of unsafe 
conditions at provincial reception centers for IDPs.
    During the year, an estimated 145,000 refugees returned, including 
49,570 through the U.N. office of the High Commissioner for Refugees 
(UNHCR) voluntary repatriation program. There were reports that border 
officials robbed, harassed, sexually harassed, and charged refugees 
illegal taxes at border posts. UNHCR reported an increase in crimes 
against returnees in Moxico Province; incidents included physical 
assaults, confiscation of goods, and bribes. According to UNHCR, an 
estimated 83,000 to 200,000 citizens were still living outside the 
country.
    The law provides for the granting of refugee status and asylum to 
persons in accordance with the 1951 U.N. Convention Relating to the 
Status of Refugees or its 1967 Protocol, and the Government has 
established a system for providing protection to refugees. In practice, 
the Government provided protection against refoulement, the return of 
persons to a country where they feared persecution, and granted refugee 
status and asylum. The Government cooperated with the UNHCR and other 
humanitarian organizations in assisting refugees and asylum seekers. 
The Government also provided temporary protection to certain 
individuals who may not qualify as refugees under the 1951 Convention/
1967 Protocol. An eligibility committee to evaluate asylum claims, 
under the authority of the Ministry of Justice, continued to meet 
periodically to consider asylum requests. Of the approximately 3,000 
West Africans detained in June in Viana, near Luanda, as part of 
Operacao Brilhante, at least 10 were refugees or asylum seekers. 
According to the UNHCR, the country had approximately 12,000 refugees, 
most of whom were from the DRC.
    In Bengo province, local residents continued to harass 
approximately 300 Congolese refugees in Sungui Camp.
    There were no new developments in the June and October 2003 
harassment of an NGO working in the area.
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; however, in practice this right remained 
restricted due to the delay in scheduling elections. Opposition parties 
complained of harassment and intimidation by the Government.
    In 1992, the first multiparty presidential elections were held. 
MPLA president Jose Eduardo dos Santos won a plurality of votes cast. 
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 to civil war, preventing a run-off election.
    Active civil society discussions and political party activity for 
elections were underway during the year. On May 12, opposition parties 
walked out of the National Assembly's Constitutional Commission in 
protest at the Government failure to decide on a national election 
timetable. In August, the ruling MPLA party presented a tentative 
electoral timetable with legislative and presidential elections 
scheduled for September 2006. On November 11, President dos Santos 
spoke favorably of an opposition proposal to hold parliamentary 
elections in late 2006, with the Presidential election postponed until 
the following year. This would allow the newly elected parliament to 
draft a new Constitution, under which the presidential elections would 
be held in 2007. A formal election timetable is expected in early 2005.
    The President is elected by an absolute majority. If no candidate 
wins 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 
provinces. The Electoral Law also calls for the election of three 
additional deputies to represent citizens living abroad; however, those 
positions were not filled in the 1992 elections.
    Ruling power is concentrated in the President and the Council of 
Ministers, through which the President exercises executive power. The 
Council can enact decree-laws, decrees, and resolutions, which means it 
can assume most functions normally associated with the legislative 
branch. Although the Constitution established the position of Prime 
Minister, the President filled the position from 1998 to 2002. In 2002, 
the President named former Interior Minister Fernando Dias dos Santos 
``Nando'' as Prime Minister. 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 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.).
    There were more than 120 registered opposition parties, of which 11 
received a public subsidy based on their representation in the National 
Assembly. The majority of opposition parties have limited national 
constituencies. The two historical opposition parties that date back to 
independence, UNITA and the National Front for the Liberation of Angola 
(FNLA), traditionally derived support from the Ovimbundu and Bakongo 
ethnic groups. During the year, UNITA completed the transition from a 
disarmed military organization to the largest opposition party.
    Opposition parties complained of harassment and intimidation by the 
police, army, ODC, and supporters of the Government outside Luanda. On 
February 28, government authorities attacked two UNITA activists in 
Mungo municipality. On March 29, a group of men in FAA uniforms and ODC 
badges attacked and set fire to a UNITA office in Kalima, Huambo 
province and threw stones at the occupants, injuring two persons. The 
UNITA members fled to Huambo City. In both of these cases, 
investigations were started and meetings were held between local 
officials and UNITA leaders to discuss culpability for these incidents; 
the cases were ongoing at year's end.
    There were no new developments in the 2003 reports of harassment 
and intimidation.
    The Government took steps to increase transparency and reduce state 
expenditures not reflected in the official budget. Parastatals, most 
notably the state oil company SONANGOL, were required to report their 
revenues to the central bank, though information gaps remained a 
concern. SONANGOL and ENDIAMA, the state diamond marketing company, 
must undergo regular audits conducted by international accounting 
firms.
    During the year, the Government made a $2.25 billion (191.25 
billion kwanza) commercial oil-revenue backed loan and established a $2 
billion (170 billion kwanza) credit line with China's ExIm Bank. The 
IMF and World Bank expressed concerns that these funds may not be used 
in a transparent manner. Transparency in the business environment 
improved but cartel-like business practices continued to favor those 
connected to the Government. Petty corruption among police, teachers 
and other government employees was prevalent, due in part to low 
salaries. During the year, four government officials, including a 
former Ambassador and Governor, were formally charged with corruption.
    There were 35 women in the 220-seat National Assembly, and 10 women 
in the 41-member Cabinet including 3 ministers.
    There were 7 members of minorities in the 220-seat National 
Assembly. There were 3 members of minorities in the 61-member Cabinet.
Section 4. Governmental Attitudes Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A variety of domestic and international human rights groups 
operated in the country and investigated and published their findings 
on human rights cases. The Government did not prohibit independent 
investigations of human rights abuses; however, it failed to cooperate 
and often used security conditions as a justification to deny access in 
Cabinda.
    In February, the Government placed new restrictions on NGOs, 
requiring them to submit detailed activity reports, sign agreements 
with applicable ministries, and provide banking and financial details. 
Under the new regulations, the Government has the right to determine 
where and what projects each NGO may implement but did not exercise 
this right during the year.
    There were more than 100 international NGOs operating in the 
country and approximately 350 domestic NGOs, of which an estimated 100 
worked on human rights activities. Local NGOs actively promoted human 
rights during the year by documenting prison conditions and providing 
free legal counsel; however, the Government continued to be suspicious 
of local NGOs receiving international support.
    The Ministry of Justice continued to block the registration of AJPD 
by not acting on its application, which has been pending since 2000. At 
year's end, AJPD was awaiting a Supreme Court decision on its suit 
against the Ministry of Justice for not processing the organization's 
registration application. In spite of its uncertain legal position, 
AJPD continued to function throughout the year without government 
interference.
    The Cabinda civic association, Mpalabanda, formed in March, worked 
extensively on human rights issues. Their efforts focused on helping 
those abused, documenting the cases of abuse, educating the population 
on human rights issues and working with the provincial government and 
the FAA to curb abuses. They also reported on human rights abuses that 
occurred during the year (see Section 1.a. and 1.c.).
    Unlike in the previous year, the Government did not temporarily 
detain human rights activists.
    In February, municipal authorities expelled a foreign NGO worker 
from Lumbala N'guimbo, Moxico on charges of undermining the Government, 
improperly collaborating with UNITA, and traveling without proper 
authorization. The worker left the country to avoid prosecution.
    There were no further developments in the August 2003 case of a 
local human rights leader being recalled from overseas medical 
treatment for police questioning or the October 2003 report of 
individuals in FAA uniforms stealing humanitarian supplies from an NGO.
    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 Commission. Human Rights Watch visited 
the country multiple times during the year and released a report in 
July on media and political freedoms in the country.
    During the year, U.N. humanitarian agencies maintained large-scale 
operations for food security programs, repatriation and reintegration 
activities, and development projects.
    The National Assembly's Committee on Human Rights conducted visits 
to prisons, held hearings on human rights issues, and, in December, 
held a public workshop on human rights that recommended the 
establishment of a National Ombudsman for Human Rights.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    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; however, the Government did not 
effectively enforce these provisions.

    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 
deals with violence against women and reported receiving an average of 
20 domestic violence cases a month; however, most cases of domestic 
violence were not reported. The Government continued its project to 
reduce violence against women and improve their status. Domestic 
violence is prosecuted under rape, 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, limited investigative resources and an 
inadequate judicial system prevented prosecution of most cases.
    Due to poor economic conditions, many women engaged in 
prostitution. Prostitution is illegal under the Constitution; however, 
the prohibition was not enforced. In January, independent media 
reported on police assaults on prostitutes in Luanda as part of an 
effort to forcibly reduce illegal street activity.
    There are no specific legal prohibitions regarding sexual 
harassment; however, such cases may be prosecuted under assault and 
battery and defamation statutes. Sexual harassment was not a salient 
issue in the country.
    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, the Civil 
Code includes 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. 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 generally were relegated to low-
level positions in state-run industries and in the private sector. 
Under the law, women may open bank accounts, accept employment, and own 
property without interference from their spouses. Upon the death of a 
male head of household, the widow automatically is entitled to 50 
percent of the estate with the remainder divided equally among 
legitimate children. 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.

    Children.--Although international reports estimate that 
approximately 60 percent of the population is under the age of 15, the 
Government's attention to children's rights and welfare was 
insufficient. The Ministry of Education and Culture (MEC) functioned 
poorly due to a lack of resources and lack of administrative capacity. 
Nevertheless, the MEC, together with UNICEF, continued a program to 
provide informal learning and life skills for vulnerable children 
outside of the formal education system. During the year, the MEC Back-
to-School campaign efforts consisted of training 20,000 new teachers 
for placement in schools throughout the country. The National Institute 
for Children has daily responsibility for children's affairs.
    Although primary and secondary education was free and compulsory 
until the sixth grade, students often had to pay significant additional 
expenses, including for books and supplies. Teachers were chronically 
unpaid and allegedly often demanded unofficial payment or bribes from 
students. Most of the educational infrastructure was damaged during the 
war, and schools lacked basic equipment and teaching materials. UNICEF 
reported that 56 percent of 6- to 9-year-olds attended school, but only 
6 percent of 10- to 11-year-olds did. According to UNESCO, there was a 
gender gap in the enrollment rate, favoring boys over girls. More than 
1 million children were estimated to be out of school; however, MEC 
efforts to bring more students into the system should decrease this 
number. Only 42 percent of the population was literate, and the 
illiteracy rate for women was almost twice that of men.
    The Government provides free medical care for children at the one 
pediatric hospital in Luanda in addition to supporting child 
immunization programs and general medical care at public hospitals and 
clinics around the country. In many areas, formal health care was 
limited or non-existent. According to UNICEF, the mortality rate for 
children under 5 years of age was 250 per 1,000 live births. Local NGOs 
estimated that 100,000 children were abandoned or orphaned as a result 
of the civil war, and malnutrition was a problem. Landmine explosions 
continued to kill and injure children.
    Child abuse was widespread. Physical abuse was commonplace with in 
the family and was largely tolerated by local officials.
    There were reports of trafficking in children (see Section 5, 
Trafficking).
    Child prostitution is prohibited by a general criminal statute; 
however, an international NGO estimated that there were as many as 
1,000 underage prostitutes in Luanda. Sexual relations with a child 
under 12 years of age is considered rape. Sexual relations with a child 
between the ages of 12 and 15 may be considered sexual abuse with 
convicted offenders liable for up to 8 years in prison.
    Unlike in previous years, there were no confirmed reports that 
children were recruited into the armed forces. According to the 
Ministry of Justice, over 3.8 million children were registered locally 
between August 2001 and March in a campaign to limit the exploitation 
of children. By March, the UNICEF-supported National Family Tracing and 
Reunification Program had identified 11,076 separated children and 
successfully reunited 3,670 children with their families.
    Using information collected during the Government's first child 
registration campaign, it was estimated that there are approximately 
1,500 street children in Luanda. Conditions in government youth centers 
were poor; most homeless children slept on city streets. They shined 
shoes, washed cars, and carried water, and many resorted to petty 
crime, begging, and prostitution to survive. The government-sponsored 
National Institute for Children was responsible for child protection, 
but it lacked the technical capacity to work with international NGOs. 
The Government publicized the problems of street and homeless children 
during the year but did not develop any programs to assist them.
    Human rights abuses due to accusations of sorcery and wizardry were 
a rising concern, especially against children. Individuals placed blame 
on the use of charms or other forms of witchcraft for their personal 
misfortunes. In some cases it was believed that deaths occurred during 
attempts to stop purported acts of witchcraft. There were reports of 
children being tortured by local ``prophets'' to stop these alleged 
actions in Uige and Zaire provinces that were under police 
investigation at year's end. A local NGO, ``Crianca Futuro,'' sheltered 
22 children abandoned due to allegations of witchcraft.
    In November, two Painial-Mefa Evangelic Church priests from Cabinda 
were taken into custody in connection with the maltreatment of three 
children accused of witchcraft. The outcome of this case was still 
pending at year's end.
    The Government, assisted by UNICEF, continued implementation of the 
post-conflict child soldier protection strategy. As outlined in the 
strategy, those designated as child soldiers were given access to 
special resources, including skills training, assistance with civil 
registration, access to special social assistance, and were guaranteed 
to not be recruited or reenlisted in the military. During the year, the 
World Bank also began assisting with the implementation of this 
strategy.
    There were active domestic private children's rights advocacy 
groups, such as the Angolan Bar Association, the Angolan Woman Lawyers' 
Association, Crianca Futuro, and local organizations within the 
Catholic Church. Several international organizations also promoted 
children's rights in the country.

    Trafficking in Persons.--The Constitution prohibits slavery; 
however, no specific laws exist to combat trafficking in persons, and 
there were reports of trafficking.
    There were reports that women and children were trafficked during 
the year, primarily to Europe and South Africa, for labor and sexual 
exploitation. IDPs, along with homeless and orphaned children, remained 
the groups most vulnerable to trafficking. There were reports of child 
trafficking in Santa Clara, on the Angola-Namibia border in Cunene 
Province. Children have been recruited and used in exploitative labor 
such as carrying goods across the border, prostitution, illegal money 
exchange, and selling goods.
    The Ministry of Justice continued its campaign to register 
children, provide them with identity papers, and protect them against 
potential trafficking. The Government operated facilities throughout 
the country for abandoned and abducted children; however, the 
facilities were under funded, understaffed and overcrowded in many 
cases. A Catholic-based center in Namacumbe, near the Namibian border, 
assisted victims of trafficking to reintegrate them into the community.

    Persons with Disabilities.--While there was no institutional 
discrimination against persons with disabilities, the Government did 
little to improve their physical, financial, or social conditions. The 
number of persons with disabilities included more than 80,000 landmine 
victims. Handicap International estimated that up to 10 percent of the 
population have physical disabilities. There is no legislation 
mandating accessibility for persons with disabilities to public or 
private facilities, and 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 hunter-gatherer tribes linguistically distinct from 
their Bantu compatriots. At least 3,400 San people lived in 72 small 
dispersed communities in Huila, Cunene, and Kuando Kubango provinces. 
San communities continued to suffer from social exclusion, 
discrimination, and economic exploitation. Greatly reduced access to 
land and natural resources and insecure and limited land rights eroded 
the San's former hunter-gatherer livelihoods and exacerbated ethnic 
tensions with neighboring groups. Hunter-gatherer communities generally 
did not participate actively in the political or economic life of the 
country, and had no ability to influence government decisions 
concerning their interests.
    There continued to be a lack of adequate protection for the 
property rights of traditional pastoral communities. In April, the 
Agricultural Department confirmed that a private farm could expand 
beyond its concession of 5,000 hectares to an area of approximately 
20,000 hectares. While this did not have direct effect on indigenous 
communities during the year, it created the possibility of reduced 
access in the future as large farms expanded throughout the interior. 
On August 10, the National Assembly passed a new land tenure law. 
International NGOs expressed concern that this law further excludes 
indigenous communities from access to land they had formerly cultivated 
or occupied, thereby increasing their vulnerability. The immediate 
effects of the law on indigenous communities were unknown. Opposition 
parties remained opposed to the law.
Section 6. Worker Rights
    a. The Right of Association.--The Constitution provides for the 
right to form and join trade unions and engage in union activities; 
however, the Government did not respect these rights consistently in 
practice. The MPLA controlled the National Union of Angolan Workers 
(UNTA), which claimed to have more than 400,000 members. There were two 
prominent independent unions, the General Center of Independent and 
Free Labor Unions of Angola (CGSILA), with approximately 50,000 
members, and the small Independent Union of Maritime and Related 
Workers (SIMA). Restrictions on civil liberties, such as freedom of 
speech and freedom of assembly, prevented labor activities not approved 
by the Government (see Sections 2.a. and 2.b.).
    The law requires the Government to recognize the right of labor 
unions to organize; however, SIMA continued to encounter difficulties 
with provincial government authorities in registering branch 
associations and organizing dock and oil platform workers.
    Legislation prohibits discrimination against union members and 
calls for worker complaints to be adjudicated in regular civil courts. 
Under the law, employers found guilty of anti-union discrimination are 
required to reinstate workers who have been dismissed for union 
activities. In practice, neither the Labor Code nor the judicial system 
defended or enforced these rights.

    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 always respect these rights 
in practice. The Government did not facilitate constructive labor 
management negotiations. 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, and the law 
regulates such actions. 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 effectively 
prohibit employer retribution against strikers; it permits the 
Government to force workers back to work for breaches of worker 
discipline and participation in unauthorized strikes. Workers exercised 
their right to strike during the year.
    SIMA continued an organized protest begun in 2000 to demand 
severance compensation from Angonave, the national shipping company. 
Unlike in previous years, participants in the vigil were not subject to 
government harassment during the year.
    There are no export processing zones.

    c. Prohibition of Forced or Compulsory Labor.--The law prohibits 
forced or compulsory labor, including by children and the Ministry of 
Justice has effective enforcement mechanisms for the formal economic 
sector; however, the majority of labor law violations occur outside the 
official labor market and are not subject to legal enforcement. The law 
permits the Government to force workers back to work for breaches of 
worker discipline and participation in strikes. There were no further 
developments on the media reports that a prison director in Huambo used 
prisoners as domestic laborers in 2003.

    d. Prohibition of Child Labor and Minimum Age for Employment.--
Child labor was restricted under the law; however, child labor remained 
a problem. 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. The 
Government prohibits children younger than 16-years-old from factory 
work. These provisions rarely were enforced, and UNICEF believes that a 
high percentage of children between 5- and 14-years-old worked. 
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 have brought large numbers of orphaned and 
abandoned children into unregulated urban employment in the informal 
sector.
    The Inspector General of the Ministry of Public Administration, 
Employment, and Social Security is responsible for enforcing labor 
laws, and child labor law enforcement is under the jurisdiction of the 
courts; however, in practice, the court system did not provide adequate 
protection for children. In 2003, a Court for Children's Affairs, under 
the Ministry of Justice, was established as part of Luanda's provincial 
court system; however, these courts were not yet operational in the 
provinces by year's end. Child labor violations are punishable with 
fines. There is no formal procedure for inspections and investigations 
into child labor abuses outside of the family law system, although 
private persons can file claims for violations of child labor laws.

    e. Acceptable Conditions of Work.--The Ministry of Public 
Administration, Employment, and Social Security kept the minimum wage 
at the equivalent of $50 (4,250 kwanza) per month. Many urban workers 
earned less than $20 (1,700 kwanza) per month. Neither the minimum wage 
nor the average monthly salary, which was estimated to be between $40 
and $150 (3,400 to 12,500 kwanza) per month, provided 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, or support from abroad to augment their incomes. Employees 
receiving less than the legal minimum wage have the right to seek legal 
recourse; however, it was uncommon for workers to do so.
    A government decree limits the legal workweek to 44 hours; however, 
the Ministry was unable to enforce this limit or occupational safety 
and health standards. In practice, workers cannot remove themselves 
from dangerous work situations without jeopardizing their continued 
employment.
    Foreign workers are not protected under the labor law. They receive 
legal protection only if they work under contract; otherwise, they 
receive protection only against criminal acts.

                               __________

                                 BENIN

    The Republic of Benin is a constitutional democracy headed by 
President Mathieu Kerekou, who was inaugurated in 2001 after elections 
that observers generally viewed as free but not entirely fair. The 
March 2003 parliamentary elections, which were generally free, fair, 
and transparent, resulted in a loss of seats by the opposition. One 
opposition party joined the government coalition; as a result, the 
opposition holds 18 of 83 seats. During the year, the executive branch 
interfered with the judiciary, which was inefficient and susceptible to 
corruption at all levels.
    The security forces consist of the armed forces, headed by the 
State Ministry of Defense, and the police force under the Ministry of 
Interior, Security, and Decentralization. The Ministry of Defense 
supervises the Gendarmerie, which exercises military police functions 
in rural areas, while the Ministry of Interior supervises other police 
forces. The armed forces under the Ministry of Defense continued to 
play an apolitical role in government affairs despite concerns about 
lack of morale within its ranks. Civilian authorities maintained 
effective control of the security forces. Members of the security 
forces committed some human rights abuses.
    The country was extremely poor with average yearly per capita 
income of $1,100; its population was approximately 7.2 million. The 
economy was mixed and based largely on subsistence agriculture, cotton 
production, and regional trade. The Government maintained the austerity 
program; continued to privatize state-owned enterprises; reduced fiscal 
expenditures; and deregulated trade. However, the economy's growth rate 
contracted from 5.5 percent in 2003 to 3 percent at year's end due to 
Nigeria's increased enforcement of import regulations, loss of revenue 
at the Port of Cotonou, and endemic corruption.
    The Government generally respected the human rights of its 
citizens; however, there were problems in several areas. There were 
credible reports that police sometimes beat suspects, and at times the 
authorities arbitrarily arrested and detained persons; however, unlike 
in the previous year, police did not detain or beat journalists. Police 
forcibly dispersed demonstrations, which resulted in deaths and 
injuries. 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; prolonged pretrial 
detention; 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 compulsory 
child labor, continued to be a problem.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--There were no 
politically motivated killings by the Government or its agents; 
however, security forces shot and killed persons during violent 
demonstrations during the year (see Section 2.b.).
    During the year, incidents of mob justice continued to occur, in 
part due to the perceived failure of local courts to adequately punish 
criminals. Most often these were cases of mobs killing or severely 
injuring suspected criminals, particularly thieves caught in the act. 
On August 12, for example, after the release on a technicality of six 
carjackers, a mob in Cotonou burned to death a man caught stealing 
motorbikes; during the same month, a separate mob beat to death two men 
caught robbing a local woman. 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 generally ignored vigilante 
attacks.
    There was no known action taken against persons responsible for mob 
killings in 2002.

    b. Disappearance.--There were no reports of politically motivated 
disappearances.
    During the year, hundreds of children were trafficked within the 
country and to neighboring countries to work as domestic servants, 
prostitutes, or laborers in quarries or farms (see Section 5). While 
some of these children were trafficked with the consent of their 
families for economic reasons, some children were kidnapped by force.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution prohibits such practices; however, there 
were credible reports during the year that police sometimes beat those 
in custody.
    The Government continued to make payments to victims of torture 
under the military regime, and some persons received payment for 
property they lost under the regime. During the year, some citizens who 
fled the country during the military regime continued to receive 
compensation.
    Unlike in the previous year, there were no reports that police 
detained and beat journalists.
    On October 30, the military paid $5,865 (2.9 million FCFA) in 
compensation to each person injured in January 2003, when 40 
paratroopers in the district of Zogbodome attacked civilians with 
knives, bottles, machetes, and other types of weapons in retaliation 
for the injury to one of their colleagues in a bar fight.
    Mob justice resulted in deaths and injuries (see Section 1.a.).
    Prison conditions continued to be extremely harsh. Overcrowding and 
lack of proper sanitation and medical facilities posed a risk to 
prisoners' health. According to the Justice Ministry, at times, the 
country's eight civil prisons were filled to more than three times 
their capacity. The prison diet was inadequate, and 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.
    The Government permitted prison visits by human rights monitors; 
nongovernmental organizations (NGOs) and other agencies continued their 
prison visits.

    d. Arbitrary Arrest or Detention.--The Constitution prohibits 
arbitrary arrest and detention; however, at times the authorities did 
not respect these prohibitions in practice.
    The police, who were poorly equipped and trained, were criticized 
for corruption and ineffectiveness. During the year, the Government 
took steps to address these problems by recruiting more officers, 
building more stations, and modernizing equipment. Impunity was a 
problem; however, several police officers accused of corruption were 
dismissed during the year.
    The law requires arrest warrants and prohibits detention for more 
than 48 hours without a hearing by a magistrate whose order is required 
for continued detention. Detainees must be brought before a judge 
within 48 hours of arrest. After examining a detainee, the judge has 24 
hours to decide whether to continue the detention or release the 
individual. Suspects have the right to an attorney, but only after 
being brought before a judge. Warrants authorizing pretrial detention 
were effective for 6 months and could be renewed every 6 months until 
the suspect was brought to trial. The Government provided counsel in 
criminal cases only.
    On April 2, police arrested and detained student demonstrators at 
the University of Abomey-Calavi (see Section 2.b.).
    Despite the legal provision that prohibits detention for more than 
48 hours, there were credible reports that authorities exceeded this 
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 the case to a magistrate. 
Approximately 75 percent of persons in prison were pretrial detainees.

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary; however, the Government did not always respect 
this provision in practice. The executive branch has important powers 
with regard to the judiciary, which struck intermittently during the 
year to protest executive branch interference (see Section 6.b.). The 
judiciary remained inefficient in some respects and 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 delayed the administration of justice. Low salaries made 
magistrates and clerks susceptible to corruption.
    During the year, the Government continued its efforts to curb 
judicial corruption. On June 4, the court rendered its decision on the 
87 judges, court clerks, and public accountants detained for 29 months 
on corruption charges: 62 persons received sentences from 6 months' to 
5 years' imprisonment; and 25 persons were acquitted. Judicial salaries 
increased significantly during the year, and the Justice Ministry 
reinstated training programs for incoming magistrates.
    A civilian court system operated on national and provincial levels. 
The Supreme Court was the court of last resort in all administrative 
and judicial matters. There were two courts of appeals, one of which 
was added during the year. 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. It demonstrated its 
independence in previous years by ruling against both the executive and 
legislative branches; however, the Constitutional Court, which also has 
jurisdiction in human rights cases, was accused of bias in favor of the 
President during the 2001 presidential elections (see Section 3). There 
was also a High Court of Justice to try the President and ministers for 
crimes related to their professional responsibilities.
    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 is presumed innocent 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.
    The results of the National Assembly's 2001 investigation into 
alleged governmental wiretapping was released during the year; however, 
the results were inconclusive and did not lead to further prosecutions.
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 and did not restrict academic 
freedom. Unlike in the previous year, there were no reports that police 
beat and detained journalists.
    The law provides for prison sentences involving compulsory labor 
for certain acts or activities related to the exercise of the right of 
free expression. The law concerns threats to public order or calls to 
violence, but it is vaguely worded and susceptible to abuse.
    During the year, the Government ordered the NGO Association ELAN to 
remove its billboards that expressed opposition to amending the 
Constitution; the billboards were viewed widely as referring to an 
amendment to allow President Kerekou to run for a third term of office. 
The Government publicly accused ELAN of conducting an electoral 
campaign outside of the designated campaign season. ELAN did not remove 
the billboards, which security forces subsequently defaced.
    There was a large and active privately-owned press composed of more 
than 20 daily newspapers. These publications criticized the Government 
freely and frequently, but the effect on public opinion was limited 
because of their urban concentration and widespread illiteracy. A 
nongovernmental media ethics commission (ODEM) continued to censure 
some journalists during the year for unethical conduct, such as 
reporting falsehoods or inaccuracies or releasing information that was 
still under embargo. During the year, ODEM criticized three newspapers 
for publishing articles inciting regionalism along ethnic lines. ODEM 
also charged that some journalists had failed to adhere to professional 
standards.
    Privately owned radio and television stations were 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 various topics.
    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, lived in 
rural areas, and generally received their news via radio. The Office of 
Radio and Television (ORTB) broadcast in French and local languages. 
Radio France International and the British Broadcasting Corporation 
broadcast in Cotonou. Fifteen rural radio stations, which were governed 
by local committees and received support from the ORTB, broadcast 
several hours a day exclusively in local languages.
    The ORTB television station broadcast more than 12 hours per day, 
primarily in French. Several private television stations broadcast, 
including GOLF TV and LC-2. Although neither television station 
broadcast partisan programs, 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.
    The government entity that oversaw media operations was the High 
Authority for Audio-Visual Media and Communications, 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 
information was used for administrative purposes; however, journalists 
often complained that it was an attempt at censorship.
    The Government did not restrict the Internet.
    The University of Abomey-Calavi, which closed in April after a 
violent student demonstration, subsequently reopened; however, most 
classes did not resume because of a nationwide teacher's strike (see 
Section 2.b.).

    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of assembly, and the Government generally 
respected this right in practice. The Government requires permits for 
use of public places for demonstrations and generally granted such 
permits; however, the Government sometimes used ``public order'' to 
deny legitimate requests for permits from opposition groups and labor 
unions.
    During the year, police forcibly dispersed demonstrations, which 
resulted in two deaths and numerous injuries.
    On April 2, police used tear gas to disperse a violent 
demonstration at the University of Abomey-Calavi. Dozens of students 
were arrested and briefly detained, some students were injured, and the 
University was closed. The demonstration, which was triggered by the 
death of a student in an accident with a university bus, became violent 
when students discovered an undercover police officer among them. The 
University subsequently reopened; however, most classes did not resume 
due to a nationwide teacher's strike.
    On August 18, police in Porto Novo fired into a crowd of violent 
demonstrators; one person was killed and numerous persons were injured. 
The mob was protesting the August 18 arrest of several persons who had 
smuggled cheap gasoline into the country and attacked the gas station 
owners, who were believed to have informed the police. The police first 
arrived at the scene without enough officers or equipment, but they 
returned and used teargas to disperse the crowd, which had looted 
buildings and vehicles and attempted to burn the National Assembly 
building. A second death was reported during the clash, but it was 
unclear how the person was killed. There were no arrests in connection 
with the incident by year's end.
    In October, police forcibly dispersed students demonstrating 
against tuition increases; there were no reported injuries.
    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. There were no reports that any group was 
refused permission to register or was subjected to unusual delays or 
obstacles in the registration process.
    For a more detailed discussion, see the 2004 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.
    In May, Nigeria secured its western border with the country to curb 
the smuggling of stolen cars and other products. Increased surveillance 
and security measures remained in place at year's end.
    The Government maintained documentary requirements for minors 
traveling abroad as part of its continuing campaign against trafficking 
in persons (see Section 5).
    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 Constitution prohibits the forced exile of citizens, and it was 
not practiced.
    The law provides for the granting of asylum or refugee status in 
accordance with the 1951 U.N. Convention Relating to the Status of 
Refugees or its 1967 Protocol, and the Government has established a 
system for providing protection to refugees. In practice, the 
Government provided protection against refoulement, the return of 
persons to a country where they feared persecution, and granted refugee 
status or asylum. The Government cooperated with the U.N. High 
Commissioner for Refugees (UNHCR) and other humanitarian organizations 
in assisting refugees. The Government also provided temporary 
protection to individuals who may not qualify as refugees under the 
1951 Convention/1967 Protocol. The UNHCR estimated that there were more 
than 5,000 refugees of various nationalities in the country and that 
approximately 1,000 persons residing in the country were requesting 
asylum. During the year, a number of citizens of Togo entered the 
country and were granted refugee status or given temporary protection; 
however, many returned to Togo and reportedly worked in Togo while 
still claiming refugee benefits in the country. 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 most economic activities.
    During the year, the UNHCR determined that the more than 200 Ogoni 
refugees from Nigeria could safely return home and were no longer 
entitled to refugee status. Although no Ogoni were forcibly returned to 
Nigeria, the UNHCR ran incentive programs to encourage their 
repatriation and reduced food and housing subsidies to the Ogoni.
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 generally fair elections held on the basis 
of universal suffrage. Observers viewed the March 2003 National 
Assembly and 2002 municipal elections as generally free and fair; 
however, opposition parties charged that there were some 
irregularities. The Constitution provides for a 5-year term of office 
for the president (who is limited to two terms) and 4-year terms for 
National Assembly members (who may serve an unlimited number of terms). 
The Constitution limits candidates for the presidency to persons 
between the ages of 40 and 70 years. Municipal terms are for 4 years. 
There were 12 political parties and coalitions represented in the 
unicameral, 83-member National Assembly.
    The March 2003 National Assembly elections resulted in a loss of 
seats by the opposition, notably the Rebirth of Benin (RB), the primary 
opposition party led by former president Nicephore Soglo. A second 
opposition party, that of the former Prime Minister Adrien Houngbedji, 
joined the government coalition, leaving only Soglo's party and the 
minor Star Alliance (AE) party in the opposition. The RB held 15 of the 
National Assembly's 83 seats; AE held 3 seats.
    Opposition parties criticized the National Election Commission's 
handling of the country's first-ever municipal elections in 2002 and 
charged that the pro-Kerekou coalition engaged in vote-buying, forged 
voter cards, and other types of fraud. Despite these charges, the 
opposition won the majority of seats on the municipal councils in the 
large cities.
    President Kerekou was inaugurated in 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. No members of the opposition 
were in the President's Cabinet or in the National Assembly's Executive 
Committee.
    Official corruption was widespread. During the year, there were 
reports of financial improprieties in the privatization of Sonacop, the 
state-owned oil company. During a November 2003 radio broadcast, the 
Chief of the Government's Anti-Corruption Commission charged that 95 
percent of government ministers sought to bypass procurement rules and 
procedures. In 2003, President Kerekou stated publicly that senior 
officials of his cabinet were involved in corruption and related 
offenses.
    There were no laws that provided for public access to government 
information.
    There were 4 women in the 21-member Cabinet. There were 5 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.
    Minority ethnic groups were well represented in government 
agencies, civil service, and the armed forces. In the National 
Assembly, 19 members were from the Goun-Nago-Yoruba ethnic group, 15 
from the Bariba, and 10 from the Somba-Dendi and other smaller groups.
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.
    The International Federation of Human Rights published a report 
during the year that criticized the Government; observers in the media 
and civil society charged that the report was unduly critical of the 
Government and sometimes factually wrong.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The Constitution prohibits discrimination based on race and sex; 
however, societal discrimination against women continued. Persons with 
disabilities were disadvantaged.

    Women.--Domestic violence against women, including wife beating, 
was common. NGO observers believed 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 maximum penalty ranged from 6 to 36 
months' imprisonment. In March 2003, a local chapter of a regional NGO, 
Women in Law and Development-Benin, opened to offer social, legal, 
medical, and psychological assistance to victims of domestic violence; 
the organization was effective during the year.
    The Law prohibits rape, and the Government enforced the law 
effectively. Sentences for rape ranged from 1 to 5 years' imprisonment.
    FGM was practiced on females ranging from infancy through 30 years 
of age and generally took the form of excision; approximately 50 
percent of women in the country have undergone FGM. FGM was outlawed in 
March 2003, and the law provides for penalties for performing the 
procedure, including jail sentences of up to 10 years in prison and 
$10,000 (6 million CFA francs); however, the Government generally was 
unsuccessful in preventing the practice. 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. A 
prominent NGO, the local chapter of the Inter-African Committee, made 
progress in raising awareness of the dangers of the practice, and the 
Government cooperated with its efforts. During the year, the Ministry 
of Family continued an education campaign that included conferences in 
schools and villages, discussions with religious and traditional 
authorities, and banners. NGOs also addressed this issue in local 
languages on local radio stations.
    Prostitution, which is illegal, was a problem, particularly child 
prostitution. Sentences for prostitution included imprisonment of 6 
months to 2 years and a fine of $800 (400,000 CFA francs) to $8,000 (4 
million CFA francs).
    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. A new Family Code was promulgated during the 
year and provides women with better inheritance and property rights and 
significantly increases their rights concerning marriage, including a 
prohibition on forced marriage and polygyny.

    Children.--The Government has stated publicly its commitment to 
children's rights and welfare; however, it lacked the resources to 
demonstrate that commitment. The Ministry of Family 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 had oversight roles in the promotion of human 
rights issues with regard to children and their welfare.
    Primary education was compulsory for all and tuition-free for 
girls; however, in some parts of the country, girls received no formal 
education, and parents paid tuition for both boys and girls because 
many schools had insufficient funds. The Government implemented 
programs such as offering books at reduced prices to promote children's 
access to primary schools and to enhance the quality and relevance of 
schooling received. According to UNICEF, primary school enrollment was 
approximately 90 percent of boys and approximately 60 percent of girls 
nationwide; only 26 percent of boys and 12 percent of girls were 
enrolled in secondary school. Girls did not have the same educational 
opportunities as boys, and female literacy was approximately 18 percent 
(compared with 50 percent for men). However, recent elementary school 
pass rates for girls have increased. Strikes by teachers during the 
year seriously disrupted the school year (see Section 6.b.).
    There was a tradition in which a groom abducts and rapes his 
prospective child bride (under 14 years of age). The practice was 
widespread in rural areas, but the Government and NGOs worked to end it 
through information sessions on the rights of women and children.
    Criminal courts meted out stiff sentences to criminals convicted of 
crimes against children; however, 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.
    FGM was commonly performed on young girls (see Section 5, Women).
    The Constitution and the law prohibit child prostitution; however; 
enforcement was frequently lax, and the commercial sexual exploitation 
of children was a problem (see Section 5, Trafficking). Some street 
children became prostitutes to support themselves.
    Trafficking in children remained a problem. Some trafficking of 
children occurred in connection with the forced servitude practice 
called ``vidomegon,'' in which children worked, but the arrangement was 
voluntary between the two families (see Section 5, Trafficking).
    Traditional practices included 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; however, such practices sharply 
decreased during the year, in large part due to widespread NGO media 
campaigns against the practice. Some NGOs combined their anti-
infanticide efforts with programs to counter FGM.

    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. The 
Criminal Code prohibits kidnapping. The country was a source, transit, 
and destination for trafficked persons, primarily children.
    Penalties for traffickers involved in ``labor exploitation'' ranged 
from fines, to prison terms, to forced labor, to the death penalty, 
depending on the severity of the crime and the length of time over 
which the exploitation occurred. Penalties for the trafficking of 
minors for prostitution ranged from 2 to 5 years' imprisonment with a 
fine of $2,000 (1 million CFA francs) to $20,000 (10 million CFA 
francs).
    In March, authorities intercepted a truck carrying more than 100 
children to be trafficked to Nigeria; however, it was unclear whether 
anyone was prosecuted in the case. In July, police arrested Enoumekpe 
Sowlaounde, a Togolese citizen, for trafficking eight Togolese girls 
into the country to work as domestic servants. In 3 other cases in 
July, police arrested 4 traffickers trying to smuggle 27 children out 
of the country to Togo, Cote d'Ivoire, and Ghana. The traffickers, two 
citizens of the country and two Togolese, were arrested and awaiting 
trial at year's end. The children in these cases, all of whom had been 
trafficked with the consent of their parents to earn money, were 
returned to their families.
    The traditional practice of vidomegon, in which poor, often rural, 
families placed a child, primarily a daughter, in the home of a more 
wealthy family to avoid the burden the child represented to the 
parental family, increasingly involved abuse. While originally a 
voluntary arrangement between two families, vidomegon increasingly 
involved the child in forced labor, long hours, inadequate food, and 
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 the Central African Republic to help in markets and 
around the home. The child received living accommodations, 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.
    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. Trafficking victims generally originated 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. Trafficked children generally came from poor rural areas and 
were promised educational opportunities or other incentives.
    According to UNICEF, four distinct forms of trafficking occur in 
the country. ``Trafic-don'' was when 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-ouvrier'' involved children of ages 6 years to 12 years, and 
they worked as artisans, construction laborers, or agricultural or 
domestic workers. This was the most common variant, estimated to be 75 
percent of the total traffic of the three provinces UNICEF surveyed in 
2000. Finally, ``trafic-vente'' was the outright sale of children.
    According to a survey of child labor conducted in 1999, 49,000 
rural children, constituting 8 percent of the rural child population 
between the ages of 6 and 16, worked abroad, primarily in the mines of 
Nigeria, 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 in this child labor study, 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.
    Child prostitution mainly involved girls whose poor families urged 
them to become prostitutes to provide income. Such children were abused 
sexually by teachers who sought sex for better grades and lured to 
exchange sex for money by older men who acted as their ``protectors.'' 
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. NGOs and international organizations 
organized assistance to child prostitution victims and worked on 
prevention programs.
    The Government had bilateral agreements with Togo, Gabon, and 
Nigeria, which focused on border control and repatriation of 
trafficking victims. Security forces in the country and in Nigeria 
conducted joint border patrols to curb smuggling and banditry. Regional 
efforts also continued between heads of state of concerned countries to 
cooperate to identify, investigate, and prosecute agents and 
traffickers, and to protect and repatriate trafficking victims.
    On February 27, the Government established a 15-member national 
child protection committee to oversee the fight against child 
trafficking and the work of child protection organizations. Committee 
members were drawn from the Government, police, and child welfare 
organizations. Committee goals included publishing a directory of child 
welfare organizations and an evaluation of the effectiveness of each.
    The Brigade for the Protection of Minors, under the jurisdiction of 
the Interior Ministry, fought crimes against children. The Ministry of 
the Family also opened centers in urban areas to provide education and 
vocational training to victims of vidomegon. The Government also worked 
with NGOs to combat trafficking in children, taking measures that 
included media campaigns and greater border surveillance; however, 
police complained that they lacked equipment to monitor trafficking 
adequately.
    During the year, the Ministry of Family, international NGOs, and 
the donor community assisted numerous children who had been trafficked 
to other countries to work in mines, quarries, and farms. Efforts 
included the provision of food, shelter, medical treatment, and 
subsequent placement in educational and vocational programs. During the 
first 6 months of the year, approximately 500 trafficked children were 
reunited with their families.

    Persons with Disabilities.--The Constitution provides that the 
State should care for persons with disabilities; however, there were no 
legal requirements for the construction or alteration of buildings to 
permit access for persons with disabilities. The Government operated 
few institutions to assist persons with disabilities, and many such 
individuals were forced to beg to support themselves.
    The Labor Code includes provisions to protect the rights of workers 
with disabilities, which were enforced with modest effectiveness during 
the year.
Section 6. Worker Rights
    a. The Right of Association.--The Constitution provides workers 
with the freedom to organize, join unions, and meet, and the Government 
generally respected these rights in practice. The labor force of 
approximately 2 million was engaged primarily in subsistence 
agriculture and other primary sector activities, with only a small 
percentage of the population engaged in the formal (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.
    The Labor Code prohibits employers from taking union membership or 
activity into account regarding hiring, work distribution, professional 
or vocational training, or dismissal; however, the Government did not 
always enforce these provisions, and there were reports that 
individuals were dismissed for union activity.

    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 Government sets 
wages in the public sector by law and regulation. There are no export 
processing zones.
    Strikes were permitted, and workers must provide 3 days advance 
notice; however, 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. Workers 
exercised their right to strike during the year. The Government may not 
prohibit any strike on the grounds that it threatens the economy or the 
national interest. 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.
    Teacher strikes, which disrupted schools from the primary through 
university levels, were conducted from August through year's end. In 
some cases, students lost nearly a year of instruction.
    Judicial employees went on strike for 2 months to protest executive 
interference in a carjacking case.

    c. Prohibition of Forced or Compulsory Labor.--The Labor Code 
prohibits forced or compulsory labor, including by children; however, 
there were reports that such practices occurred, and trafficking was a 
problem (see Sections 5 and 6.d.). The law provides for sentences of 
imprisonment involving compulsory labor for certain acts or activities 
related to the exercise of the right of free expression (see Section 
2.a.); no such sentences were imposed during the year.

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
Labor Code prohibits the employment or apprenticeship of children under 
14 years of age in any enterprise; however, child labor remained a 
problem. The Ministry of Labor enforced the Labor Code in only a 
limited manner (and then only in the formal 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 as street vendors, and as domestic servants 
under the practice of vidomegon (see Section 5). A majority of children 
working as apprentices were under the legal age of 14 for 
apprenticeship.
    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 Section 5). 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. Host families did not 
always honor their part of the bargain, and the abuse of child domestic 
servants occurred.
    The Government took steps to educate parents and to prevent such 
placing of children in compulsory labor. The Government undertook media 
campaigns, regional workshops, and public pronouncements on child labor 
problems. The Government worked with a network of NGOs and journalists 
to educate the population on the problems of child labor and child 
trafficking.
    The Ministry of Family, in conjunction with the Labor Ministry and 
the Justice Ministry, continued a 2003 program to fight child labor in 
major cities.

    e. Acceptable Conditions of Work.--The Government administratively 
set minimum wage scales for a number of occupations. In 2000, the 
Government raised the minimum wage to approximately $50 (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 had to 
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 formal 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.
    The law protects legal foreign workers.

                               __________

                                BOTSWANA

    Botswana is a longstanding multiparty democracy. Constitutional 
power is shared between the President and a popularly elected National 
Assembly. On October 30, Festus Mogae, who has led the Botswana 
Democratic Party (BDP) since 1998, was reelected President in 
parliamentary elections deemed generally free and fair; however, there 
were opposition complaints of unequal access to coverage by state-owned 
television. The BDP, which has held a majority of seats in the National 
Assembly continuously since independence, won 44 of 57 National 
Assembly seats. The Government generally respected the constitutional 
provisions for an independent judiciary; however, a shortage of judges 
resulted in a large backlog of cases.
    The Botswana Defense Force, which is under the control of the 
Defense Council within the Office of the President, has primary 
responsibility for external security, although it assisted with 
domestic law enforcement on a case-by-case basis. The Botswana Police 
Service (BPS) has primary responsibility for internal security. The 
civilian Government maintained effective control of the security 
forces. Some members of the security forces, in particular the police, 
reportedly committed human rights abuses.
    The economy of the country, which had a population of 1.7 million, 
was market oriented with strong encouragement for private enterprise 
through tax benefits. Approximately 32 percent of the labor force 
worked in the informal sector, largely subsistence farming and animal 
husbandry. Rural poverty remained a serious problem, as did a widely 
skewed income distribution. From 2002 to 2003, gross domestic product 
(GDP) grew by 6.7 percent, according to the Bank of Botswana. Diamond 
exports provided approximately 75 percent of export income, 50 percent 
of government revenues, and 33 percent of GDP. The high incidence of 
HIV/AIDS strained government finances and decreased productivity.
    The Government generally respected the human rights of its 
citizens; however, there were problems in several areas. Police 
reportedly beat or otherwise mistreated criminal suspects on occasion 
to obtain evidence or coerce confessions. Prison conditions were poor 
and possibly life threatening. The judicial system did not provide 
timely fair trials due to a serious backlog of cases. The Government 
continued to dominate domestic broadcasting and limited freedom of the 
press. Some citizens, including groups not numbered among the eight 
ethnic groups of the majority Tswana nation, remained marginalized in 
the political process. Violence and discrimination against women 
remained serious problems. Societal discrimination against ethnic San 
(Basarwa) and persons with HIV/AIDS were problems. Child abuse was a 
problem. 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; however, 
during the year, the Government recognized the right of civil servants 
to organize.
                        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 
politically motivated killings by the Government or its agents; 
however, on March 19, prison officials shot and killed an illegal 
immigrant as he attempted to escape from the Center for Illegal 
Immigrants. Officials reportedly fired 11 warning shots first. The 
shooting triggered a prison riot in which one person was injured 
seriously (see Section 2.d.). The results of a government investigation 
into the incident had not been released by year's end.
    On November 13, police shot and killed a suspected criminal after 
he threatened the officers with a machete in an attempt to escape 
arrest. The fugitive, who was wanted for theft, had escaped from 
custody 4 days earlier.
    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; 
however, there were reports that on occasion, police used beatings and 
other forms of abuse to obtain evidence or elicit confessions. Coerced 
confessions and evidence gathered through coercion or abuse are 
inadmissible in court.
    On September 8, the independent media reported that a group of bank 
employees had filed a suit against the Government alleging that police 
officers had tortured them to extract information in connection with a 
fraud investigation; police denied the allegations. The employees, who 
charged that interrogators had suffocated some suspects with plastic 
bags and stripped, bound, and kicked one suspect, had not filed a 
police report by year's end. No further information was available.
    Customary courts continued to impose corporal punishment in the 
form of lashings on the buttocks, generally against young offenders in 
villages for crimes such as vandalism, theft, and delinquency. During 
the year, the Government denied foreign media charges that illegal 
Zimbabwean immigrants in the country had been subjected to torture and 
killings; however, the Government noted that the law provides for 
corporal punishment and applies it to all, including foreigners and 
citizens of the country.
    Prison conditions remained poor and possibly life threatening. The 
24 prisons across the country had a capacity of 3,870 inmates, but held 
5,864 as of August 27. Overcrowding, which was worse in men's prisons, 
constituted a serious health threat because of the country's high 
incidence of HIV/AIDS and tuberculosis. Rape between inmates occurred. 
During the first 8 months of the year, 47 detainees died following long 
illnesses, according to the Government. HIV/AIDS testing and the U.N. 
Development Program (UNDP) peer counseling were available to all 
prisoners; however, prison officials still lacked reliable statistics 
on the HIV infection rate within the prison population. The Prison 
Commissioner has the authority to release terminally ill prisoners who 
are in the last 12 months of their sentences and to allow citizen 
prisoners with sentences of 12 months or less to perform ``extramural'' 
labor. From January through August, the Government released 587 
prisoners under the extramural labor program. Foreign prisoners were 
required to serve their entire sentences.
    The Prisons Act makes it illegal for prison officials to mistreat 
prisoners. The Department of Prisons is required to forward to police 
allegations of the mishandling of prisoners by prison officials.
    The March 19 shooting to death by prison guards of an inmate 
attempting to escape triggered a riot that resulted in injuries (see 
Section 1.a.).
    Men were held separately from women, and juveniles generally were 
held separately from adults; however, some juveniles were held with 
adult prisoners due to overcrowding or requests by family members to 
facilitate visitation. Pretrial detainees were held in the same 
facilities as convicted prisoners. The planned opening during the year 
of a new juvenile prison did not occur because of construction delays.
    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 3-year terms, 
must visit their prison four times a year, and issue a report both to 
the Commissioner of Prisons and the Minister of Labor and Home Affairs. 
These reports generally were not released to the public. During the 
year, the committees visited each prison quarterly.
    The Prisons Act grants relatives, lawyers, magistrates, and church 
organizations the right to visit prisoners for ``rehabilitative 
purposes''; however, 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) generally was allowed if these organizations sought permission 
from the Commissioner of Prisons. However, following the March 29 
shooting of an inmate attempting to escape from the Center for Illegal 
Immigrants, the Botswana Center for Human Rights was denied permission 
to visit due to an ongoing investigation of the incident; a delegation 
of EU ambassadors subsequently visited the Center. The ICRC visited 
some prisons in September.
    d. Arbitrary Arrest or Detention.--The Constitution prohibits 
arbitrary arrest and detention, and the Government generally observed 
these prohibitions in practice.
    There were approximately 7,000 police officers in the country. 
National and local police do not generally carry firearms. Corruption 
was not common, and impunity generally was not a problem. According to 
the Government, 32 police officers were convicted of various criminal 
acts during the year: 5 were discharged for discreditable conduct, 3 
were reprimanded for the same offense, and 7 were charged with official 
corruption during the year.
    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 have 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 is 
mandatory. Incommunicado detention was rare, except for prisoners 
awaiting execution. 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 numerous cases. The average 
wait in prison between the filing of charges and the start of a trial 
was approximately 6 months. The Government attempted to alleviate the 
backlog of cases by temporarily hiring more judges; however, the 
backlog of cases persisted.
    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 timely, fair trials 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 may be held in secret. There was no jury system. Those charged with 
noncapital crimes were tried without legal representation if they could 
not afford an attorney. As a result, many defendants were not informed 
of their rights in pretrial or trial proceedings. There is a 
presumption of innocence, and defendants have the right to appeal. The 
Botswana Center for Human Rights provided free legal services, but its 
capacity was limited. The University of Botswana Legal Assistance 
Center provided free legal services in civil, but not criminal, 
matters.
    On October 6, the two San convicted of a 1995 murder appeared 
before the High Court to seek a stay of execution; the Court had not 
rendered a decision by year's end.
    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. Foreigners may be tried 
in customary courts. 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 customary courts varied 
considerably. In some cases, tribal judges may mete out sentences such 
as public lashings (see Section 1.c.). 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 is a military court system; civilians are not tried in 
military 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; however, 
in 2002, the Government forcibly resettled the San out of the Central 
Kalahari Game Reserve (CKGR). Government officials maintained that the 
resettlement program was voluntary and necessary to reduce the cost of 
providing public services and to minimize human impact on wildlife. The 
Government made no effort to relocate the few San who returned to the 
CKGR. At year's end, ethnic San remained in resettlement sites after 
the Government forced them to abandon their ancestral communities 
within the CKGR in 2002 (see Section 5).
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 freedom of speech 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 did not 
restrict academic freedom.
    The Botswana Press Agency, owned and operated by the Government, 
provided most of the information found in the media through the Daily 
News newspaper (distributed nationwide at no cost) and two FM radio 
stations, Radio Botswana and Radio Botswana 2. News coverage in the 
state-owned media generally 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 had a long 
tradition of candid discourse. Reporters actively covered the political 
arena and frequently criticized the Government and the President 
without fear of closure. The circulation of privately owned print media 
continued to be limited primarily to the main cities and towns: 8 
privately owned weekly newspapers and 1 daily newspaper were published 
in Gaborone; 1 privately owned weekly newspaper was published in 
Francistown; and 11 privately owned monthly magazines were published 
nationally.
    Radio remained the most important medium of public communication. 
Two private radio stations, Yarona FM and Gabz FM, broadcast in 5 of 
the country's 10 largest towns; state-owned radio continued to be the 
only domestic radio service broadcasting to the entire country. The law 
provides for the issuance of broadcast licenses to private companies 
and provides copyright protection of broadcast material; the autonomous 
National Broadcasting Board (NBB) granted the licenses routinely. On 
December 21, the NBB licensed state-owned Radio Botswana.
    BTV broadcast south from Gaborone to Lobatse, north to Serowe and 
Francistown, and was scheduled to be available throughout the country 
within a few years.
    The privately-owned Gaborone Broadcasting Company (GBC) broadcast 
mostly foreign 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.
    During the year, the media and opposition parties charged that the 
Government pressured state-owned media to minimize coverage of 
opposition parties.
    In November 2003, Minister of Communication, Science, and 
Technology Boyce Sebetela announced that due to resource constraints, 
BTV would restrict coverage of campaign events. BTV subsequently 
covered any event at which the President or Vice President presided, 
including campaign events, which prompted opposition criticism of 
inequitable access to the media. As a result of the criticism, BTV 
expanded its coverage to include all presidential candidates.
    During the year, Radio Botswana cancelled a program that reviewed 
lead stories carried by independent newspapers each morning. The 
Government charged that the radio program was ``unsustainable''; 
however, journalists attributed the cancellation to Minister Sebetela's 
desire to ensure BDP-friendly programming.
    The Government's November 2003 suspension of Masa-a-sele, a radio 
call-in program, remained in effect at year's end; the Government cited 
the program's content and use of profanity as the reason for the 
suspension.
    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 is a civil law matter; there are no criminal libel laws.
    The Government did not restrict Internet usage.
    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 2004 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.
    In 2002, the Government required the San to relocate from the CKGR 
to one of three designated settlements outside of the reserve (see 
Sections 1.f. and 5). Visitors to the Reserve, including relocated 
former residents, had to register with Department of Wildlife officials 
to obtain a permit to enter the CKGR. Estimates of the San population 
within the Reserve varied between 50 and 200 as members of the 
community moved in and out of the CKGR during the year.
    The law prohibits forced exile, and the Government did not use it.
    The law provides for the granting of asylum or refugee status in 
accordance with the 1951 U.N. Convention Relating to the Status of 
Refugees or its 1967 Protocol, and the Government has established a 
system for providing protection to refugees. In practice, the 
Government generally provided protection against refoulement, the 
return of persons to a country where they feared persecution, and 
granted refugee status or asylum. The Government cooperated with the 
office of the U.N. High Commissioner for Refugees (UNHCR) and other 
humanitarian organizations in assisting refugees and asylum seekers. 
During the year, the Government also provided temporary protection to 
approximately 550 individuals who may not qualify as refugees under the 
1951 Convention/1967 Protocol.
    The Government held newly arrived refugees and asylum seekers in 
the Center for Illegal Immigrants in Francistown until the Refugee 
Advisory Committee, a governmental body whose Chairperson is the 
District Commissioner of Francistown, interviewed them; UNHCR was 
present with observer status at such interviews. Once persons were 
granted refugee status, the Government transferred them to the Dukwe 
Refugee Camp until their resettlement or voluntary repatriation. 
Refugee applicants who were unsuccessful in obtaining asylum also were 
allowed to remain at Dukwe until the Government referred their cases to 
the UNHCR for resettlement.
    As of August, the Center for Illegal Immigrants, which has a 
capacity of 504, held 236 illegal immigrants. The UNHCR opposed the 
detention of asylum seekers at the Center on the grounds that asylum 
seekers should not be held in detention facilities. Concern about 
conditions increased after the March 19 shooting of an illegal 
immigrant as he tried to escape, reportedly because he had been 
detained without a hearing for much longer than the 28 days mandated by 
law (see Section 1.a.).
    During the year, approximately 4,800 illegal immigrants from 
Zimbabwe were repatriated each month. Unlike during the previous year, 
there were no reports that security forces used excessive force in 
repatriating Zimbabweans. The few Zimbabweans who requested asylum or 
refugee status were allowed to apply for official status.
    At year's end, there were more than 3,000 refugees at Dukwe, 
primarily from Namibia, Angola, and Somalia. Refugees are permitted to 
reside outside Dukwe Refugee Camp with a permit from the Office of the 
President. An estimated 500 refugees, including a number of students, 
were living elsewhere in the country.
    The Government, UNHCR, and the Government of Angola signed a 
tripartite repatriation agreement during the year to facilitate the 
voluntary return of an estimated 1,200 Angolan refugees living in Dukwe 
camp; the registration process for the refugees was ongoing at year's 
end. By year's end, 60 families had returned to Angola; another 153 
individuals had registered for repatriation.
    The country continued to host approximately 1,200 refugees from the 
Caprivi Strip in neighboring Namibia. Many were associated with the 
Caprivian separatist movement. Unlike in the previous year, none chose 
to be voluntarily repatriated.
    In February, the Namibian High Court ordered the release of 13 of 
the 120 detainees charged with treason; the Judge ruled that their 
extradition from Botswana and Zambia did not conform to the extradition 
procedures in either country. The suspects were subsequently released 
and rearrested on the same charges. In July, the Namibian Supreme Court 
overturned the High Court's decision; criminal proceedings for all 120 
were scheduled to resume in January 2005.
    In July, the Court of Appeal ruled against the Namibian 
Government's request to have 13 alleged Caprivi secessionists 
extradited to face charges of murder and high treason. During the year, 
2 of these individuals died of natural causes; the remaining 11 were 
being held at the Center for Illegal Immigrants while the UNHCR 
reviewed their refugee claims.
    The seven refugees who were arrested on related charges of high 
treason in Namibia after being forcibly returned from the country in 
December 2003 remained in detention at year's end; their trial was 
scheduled for early 2005.
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. The 
BDP has held a majority of seats in the National Assembly and has 
controlled the presidency continuously since independence. Membership 
in the dominant BDP conferred some advantages, mostly in the form of 
government employment or provision of government services, such as 
water and utilities.
    On October 30, National Assembly elections were held: The BDP 
increased its majority to 44 of 57 seats; the Botswana National Front 
(BNF) won 12 seats; and the Botswana Congress Party (BCP) won 1 seat. 
Redistricting prior to the parliamentary elections increased the number 
of competitive seats in the National Assembly from 44 to 57; 4 
additional members are appointed by the President, bringing the total 
number of National Assembly seats to 61. The elections generally were 
regarded as free and fair by domestic and international observers; 
however, BDP candidates had preferential access during much of the 
campaign to state-owned television. Reports of large anonymous campaign 
contributions to the ruling party, particularly by international 
diamond interests, resulted in public calls for greater transparency in 
political party funding.
    The House of Chiefs, an advisory body with limited powers, was 
restricted constitutionally to the eight principal ethnic groups of the 
majority Tswana ethnic group and four elected chiefs representing 
smaller ethnic groups, including the Bakalanga, Balozi, Hambukushu, and 
Bakgalagadi; other groups such as the San, Ovaherero, or Bayei 
consequently were not represented. Given the limited authority of the 
House of Chiefs, the impact of excluding other groups of citizens 
largely was symbolic, but some nonethnic Tswana viewed it as important 
in principle. No action to change this policy had been taken by year's 
end.
    There were 14 local councils, but they had no fiscal autonomy and 
relied on the central Government for revenue.
    During the year, the Government continued its efforts to combat 
public corruption. On August 13, the Judicial Commission of Inquiry 
into State Land Allocations published a report that found numerous 
irregularities in the allocation of public land.
    On September 22, the Directorate on Corruption and Economic Crime 
(DCEC) marked its 10th anniversary with a 2-day conference on 
corruption and how to combat it. Participants openly debated whether 
the DCEC was sufficiently independent, how to institute transparency in 
political party funding, and how to ensure that prominent persons in 
the public and private sectors were not exempt from prosecution for 
corrupt practices.
    There are no laws that compel the Government to disclose 
information to the public upon request.
    There were 7 women in the 61-seat National Assembly, 5 women in the 
19-seat Cabinet, and 3 female justices in the 13-seat High Court. In 
2003, the first woman in the country's history was elected chairperson 
of the House of Chiefs, and another woman became regent of the Batawana 
tribe.
    The Constitution recognizes only the eight principal ethnic groups 
of the Tswana nation; however, members of ethnic groups not recognized 
in the Constitution participated actively in the Government, 
particularly members of the Kalanga and Bakalagadi ethnic groups. 
During the year, 17 members of minority ethnic groups held seats in the 
National Assembly, and 8 held seats in the Cabinet.
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 Botswana Center for Human Rights, generally operated 
without government restriction, investigating and publishing their 
findings on human rights cases. Government officials usually were 
cooperative and responsive to their views.
    The Government cooperated with the UNHCR and UNICEF, as well as 
other international organizations, and the ICRC visited during the year 
(see Section 1.c.).
    There is an independent, autonomous ombudsman who handles human 
rights and other issues; the Government generally cooperated with the 
ombudsman.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The Constitution prohibits 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. There was societal discrimination against 
women, persons with disabilities, persons with HIV/AIDS, and minority 
ethnic groups, particularly the San, who lived in remote locations 
where access to education, public services, employment, and land is 
extremely limited.
    Women.--The law does not prohibit domestic violence against women, 
and it remained a serious problem. Under customary law and in common 
rural practice, men have the right to ``chastise'' their wives. Greater 
public awareness and improved legal protection have resulted in 
increased reporting of domestic violence and sexual assault; however, 
police rarely were called to intervene in such cases. During the year, 
the Police Service took steps to increase privacy at police stations to 
encourage victims of domestic abuse to report such incidents.
    Rape was another serious problem, especially given the high 
incidence of HIV/AIDS. During the year, 1,386 incidents of rape were 
reported. By law, the minimum sentence for rape is 10 years increasing 
to 15 years with corporal punishment if the offender is HIV-positive, 
and to 20 years with corporal punishment if the offender knew his or 
her HIV-positive status. A person convicted of rape is required to 
undergo an HIV test before being sentenced; however, the test did not 
determine if the person was HIV positive at the time of the crime. 
Police lacked basic investigative techniques in rape cases. The law 
does not address marital rape; however, in August 2003, a magistrate 
dismissed a case of alleged marital rape on the grounds that the 
marriage contract implies consent, making rape impossible unless a 
husband and wife were legally separated. The plaintiff, who had sought 
refuge in a women's shelter, had been abducted and raped repeatedly by 
her husband.
    Prostitution is illegal but was widespread throughout the country.
    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.
    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. 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. Discrimination against women was most acute in rural areas, 
where women engaged primarily in subsistence agriculture had few 
property rights. Polygyny was legal under traditional law with the 
consent of the first wife, but it rarely was practiced.
    The Government and local nongovernmental organizations (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. On December 8, the President signed into 
law the Abolition of Marital Powers Act, which established equality of 
control over the joint estates of marriages and equal guardianship of 
parents over minor children. The Act also removes the domicile of 
husbands and fathers as the grounds for establishing the domicile for 
wives and minor children. Marriage laws set the marriage age for men 
and women at 18 years.
    Well-trained urban women had growing entry- and mid-level access to 
white collar jobs, but the number of opportunities decreased sharply as 
they rose to senior management.
    Young women did not have access to military training.
    The Government and NGOs met regularly to implement the long-term 
plan of action described in the National Policy on Women. The Women's 
Affairs Department helped support a number of NGOs during the year, and 
the Department provided financial assistance for legal aid in cases of 
domestic violence and defilement.
    Children.--The rights of children are addressed in the Constitution 
and the Children's Act, and the Government remained committed to the 
protection of these rights. 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 distributed books, food, and materials for primary 
education. Under the law, the country has a court system and social 
service apparatus designed solely for juveniles.
    During the year, the Government expanded its provision of free 
primary education for children from 7 years to 10 years, although 
attendance was not compulsory. Approximately 88 percent of children 
attended school, and approximately 30 percent completed secondary 
school, according to the Government. Girls and boys attended school at 
similar rates. School attendance and completion rates were highest in 
urban areas and lowest in remote rural areas, especially those 
inhabited chiefly by the San. The literacy rate was 81 percent: 82 
percent for females and 80 percent for males.
    UNAIDS estimated that 37.4 percent of persons between the ages of 
15 and 49 were infected with HIV/AIDS. UNICEF reported there were 
approximately 112,000 orphans in the country, due largely to deaths 
from HIV/AIDS; however, 28 percent of babies born from HIV positive 
mothers were protected from the virus, largely as a result of the 
Prevention of Mother to Child Transmission Program. As of December, the 
Government had registered approximately 47,000 orphans. Once 
registered, orphans may receive food baskets and school uniforms. Many 
children, mostly believed to be orphans, became beggars in urban areas, 
and some became prostitutes. Relatives continued to deny inheritance 
rights to orphans.
    Sexual abuse 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 increasing 
number of HIV/AIDS orphans contributed to an increase in incest. The 
law considers incest a punishable act only if it occurs between blood 
relatives, leaving children unprotected from incestuous acts performed 
by step parents, caregivers, and the extended family. 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 persons in southern Africa that intercourse with a virgin was a 
cure for HIV/AIDS, intergenerational sex (sexual relations between 
older men and girls) and the problems of teenage pregnancy caused by 
older men continued to receive extensive media attention during the 
year.
    There were reports of child labor (see Section 6.d.).
    Trafficking in Persons.--The law does not prohibit trafficking in 
persons, although penal code provisions cover such related offenses as 
abduction and kidnapping, slave trafficking, compulsory labor, and 
procuring women and girls for the purpose of prostitution; however, 
there were unconfirmed reports that women were trafficked through the 
country to other destinations. During the year, there were reports that 
poor rural children were taken from their homes under false pretenses 
and forced to work as maids or cattle herders. There were reports that 
some children who were orphaned by HIV/AIDS became prostitutes in urban 
areas (see Section 5, Children). Traffickers charged with kidnapping or 
abduction could be sentenced to 7 years' imprisonment.
    During the year, the Government took steps to develop a national 
plan of action to address trafficking. In February, the Government and 
UNICEF established a task force on trafficking chaired by the police, 
and the Ministry of Foreign Affairs and International Cooperation 
convened a meeting on trafficking with other government agencies, NGOs, 
and foreign diplomats. Local police in cooperation with their South 
African counterparts continued an intensive program to increase border 
controls.
    Persons with Disabilities.--There was some discrimination against 
persons with disabilities, and employment opportunities remained 
limited. The Government has a national policy that provides for 
integrating the needs of persons with disabilities into all aspects of 
government policymaking; however, the Government did not mandate access 
to public buildings or transportation for persons with disabilities. 
The Government funded NGOs that provided rehabilitation services and 
supported small-scale work projects by workers with disabilities.
    Indigenous People.--The San, who now chiefly inhabit the Kalahari 
Desert, are the earliest known inhabitants of the country. They were 
linguistically, culturally, and often morphologically distinct from the 
rest of the population; however, they were not a homogenous group. The 
San remained economically and politically marginalized, have lost 
access to their traditional land in fertile regions of the country, and 
were vulnerable to exploitation by their non-San neighbors. Their 
isolation, ignorance of civil rights, and lack of political 
representation have stymied their progress. The estimated 52,000 to 
65,000 San represented approximately 3 percent of the country's 
population. Although the San traditionally were hunter-gatherers, most 
employed San worked as agricultural laborers on cattle ranches that 
belonged to other ethnic groups. During the year, a substantial 
proportion of the San 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 San groups still pursuing a 
subsistence hunter-gatherer livelihood; however, by 2001, the 
Government delivered an ultimatum declaring that all residents of the 
CKGR would be removed and relocated. The Government continued to 
provide the San with water, healthcare services, and old age, orphan, 
and destitute benefits until January 2002, when all public services 
were terminated, and subsistence hunting licenses were revoked. In 
April 2002, the Government forcibly resettled all San from the CKGR to 
the government-created settlement areas of Kaudwane, New Xade, and 
Xere. The San continued to struggle with the lack of services and 
opportunities in the relocation areas, and a few have moved back into 
the CKGR. Settlement sustainability was threatened by the lack of 
employment opportunities and rampant alcohol abuse. San groups have 
called for the Government to recognize their land use system and to 
grant them land rights.
    On July 12, the High Court began hearing a case filed by the First 
People of the Kalahari, an NGO representing the San, against the 
Government to challenge the constitutionality of the Government's 
removal of the San from the CKGR into settlements. The case, which the 
Government announced it would appeal should it lose, was scheduled to 
resume in January 2005.
    President Mogae announced during that year that residents of the 
CKGR were ``allowed to hunt inside the CKGR provided they hunt by 
traditional means, i.e., hunting on foot using bows and arrows.'' San 
who moved out of the CKGR were not allowed to hunt there; however, they 
were allowed to obtain free Special Game Licenses to hunt in designated 
areas outside of the CKGR. During the year, 74 such permits were issued 
to residents of New Xade; however, game was scarce in those areas, and 
few San used the licenses.
    A number of NGOs have made efforts to promote the rights of 
indigenous people; however, the programs have had limited impact.
    Other Societal Abuses and Discrimination.--There was strong 
societal discrimination against persons with HIV/AIDS. In the past, 
some employers fired HIV-positive employees after learning of their 
status; however, there were no reports of such activities during the 
year, according to the Botswana Business Council on HIV/AIDS. On 
February 26, the Botswana Building Society (BBS) announced that it 
would no longer require HIV testing as a condition of employment; in 
October 2003, a BBS employee sued her employer for terminating her 
services after she refused to undergo an HIV test.
    The Government funded community organizations that ran programs to 
reduce the stigma of HIV/AIDS. President Mogae, who has repeatedly 
encouraged senior government officials to speak out about HIV/AIDS, 
announced publicly in 2003 that he tested negative for HIV.
    The law prohibits homosexuality.
Section 6. Worker Rights
    a. The Right of Association.--The Constitution provides for the 
right of workers' association, and during the year, the Government 
extended this right to government employees, the only group that had 
been excluded in the past from joining or organizing unions of their 
own choosing. The industrial or wage economy was small, and unions were 
concentrated largely in mineral extraction and to a lesser extent in 
the railway and banking sectors.
    During the year, the President signed a law that rescinded a former 
government requirement that elected union officials work full-time in 
the industry of their union representation.
    Workers may not be fired for union-related activities. Dismissals 
on other grounds may be appealed to civil courts or labor officers, 
which rarely ordered more than 2 months' severance pay.
    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; however, only the mineworker and 
diamond sorter unions had the organizational strength to engage in 
collective bargaining. The country has only one export processing zone, 
and it was subject to the same labor laws as the rest of the country.
    The law severely restricts the right to strike. Legal strikes 
theoretically are possible only after an exhaustive arbitration 
process. Sympathy strikes are prohibited.
    On August 22, approximately 1,500 members of the Botswana Mine 
Workers Union (BMWU) went on strike to protest compensation, the use of 
expatriate labor, and the pressuring by management of union officials. 
The Industrial Court ruled the strike illegal, and on September 6, the 
strikers returned to work.
    c. Prohibition of Forced or Compulsory Labor.--The Government does 
not prohibit forced and compulsory labor, including by children; 
however, there were no reports that such practices occurred.
    d. Prohibition of Child Labor and Minimum Age for Employment.--
Child labor is addressed in the Children's Act; however, some child 
labor occurred. Only an immediate family member may employ a child age 
13 or younger, and no juvenile under age 14 may be employed in any 
industry without permission from the Commissioner of Labor. No 
organization has petitioned the Commissioner for such permission. Only 
persons over age 16 may be hired to perform night work, and no person 
under age 16 is allowed to perform hazardous labor, including mining.
    District and municipal councils had child welfare divisions, which 
were responsible for enforcing child labor laws; however, no systematic 
investigation has occurred. The Labor Commissioner; officials of the 
Ministry of Local Government, Lands, and Housing; and UNICEF generally 
agreed that child labor was limited to young children in remote areas 
who worked as cattle tenders, domestic laborers, and child care 
providers. Childline, a child welfare organization, received 25 reports 
of child labor during the year.
    The law provides that adopted children may not be exploited for 
labor and protects orphans from exploitation or coercion into 
prostitution; however, HIV/AIDS has resulted in numerous orphans who 
were forced to leave school to care for sick relatives and who were 
vulnerable to such exploitation.
    e. Acceptable Conditions of Work.--The minimum hourly wage for most 
full-time labor in the private sector was $0.64 (2.9 pula), which did 
not provide a decent standard of living for a worker and family. The 
Cabinet determined wage policy based on recommendations made by the 
National Economic, Manpower, and Incomes Committee, 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.
    Formal sector jobs generally paid well above minimum wage levels. 
Informal sector employment, particularly in the agricultural and 
domestic service sectors, where housing and food were 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 had 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.

                               __________

                              BURKINA FASO

    Burkina Faso is a parliamentary republic. 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 2002 legislative elections. 
In 1998, President Compaore was reelected to a second 7-year term with 
88 percent of the vote. International observers considered the 2002 
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 and corruption.
    The security apparatus consists of the armed forces and the 
gendarmerie, which are 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 is an autonomous security force, 
although technically it is subject to the jurisdiction of the armed 
forces and part of the army. The civilian authorities maintained 
effective control of the security forces. Some members of the security 
forces committed serious human rights abuses.
    The economy was market-based; an estimated 85 percent of the 
population of approximately 12.2 million engaged in subsistence 
agriculture. A locust outbreak in August severely damaged the grain 
harvest in the northern provinces. Frequent drought, limited 
communication and transportation infrastructures, and a 77 percent 
illiteracy rate were longstanding problems. The Government's 
antipoverty strategy to open the economy to market forces while 
shifting resources to the education and health sectors continued during 
the year. Gross national product per capita was $375.
    The Government's human rights record remained poor; although there 
were some improvements in a few areas, serious problems remained. The 
continued dominance of President Compaore and his ruling party limited 
citizens' right to change their government. Security forces were 
responsible for some killings of criminal suspects; however, there were 
fewer reports of such killings than in previous years. Security forces 
continued to torture and abuse detainees, although there were fewer 
such cases than in previous years. Prison conditions remained harsh. 
Arbitrary arrest and detention were problems, and authorities on 
occasion did not provide detainees with due process. Impunity remained 
a problem. Unlike in the previous year, authorities did not restrict 
the media; however, at times, journalists practiced self-censorship. 
Police used violence to disperse meetings and demonstrations. Violence 
and discrimination against women, including female genital mutilation 
(FGM); violence against children; child labor; and child trafficking 
continued to be problems. The Government continued to take steps to 
combat FGM, child labor, and trafficking in persons. Social 
discrimination against persons with disabilities was widespread. Mobs 
killed or beat criminal suspects during the year.
                        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 
politically motivated killings by the Government or its agents; 
however, security forces were responsible for the deaths of criminal 
suspects and detainees, although fewer than in the previous year.
    On February 1, Badolo Wango was tortured and died in Koudougou 
prison, Boulkiemde Province, after an unsuccessful escape attempt. Four 
of the prison guards accused in his death were removed from their post, 
arrested, and jailed; however, the four were subsequently released on 
bail, and no further action had been taken by year's end.
    On April 4, the Burkinabe Movement for Human Rights (MBDHP) 
reported that security forces were responsible for the deaths of two 
unidentified criminal suspects whose bodies had been found near the 
road to Tougouri, Sanmatenga Province; the victims apparently had been 
shot to death. The MBDHP, the country's largest human rights 
organization and a vocal critic of the Government, demanded an 
investigation; however, no action had been taken by year's end.
    On July 25, Pitroipa Yemdaogo died after being detained for 
approximately 6 months at the House of Arrest and Correction of 
Ouagadougous; Yemdaogo was arrested in Ghana on February 25 for 
suspected involvement in the killing of three policemen in Zaogho, 
Kouritenga Province, and subsequently repatriated. Authorities had 
given no official reason for Yemdaogo's death by year's end; however, 
some human rights NGOs suspected his death was the result of abuse.
    No action was taken during the year against security forces 
believed to be responsible for the 2003 executions of 6 men in Godin, 
Boulkiemde Province and 12 men in Fada N'Gourma or in the 2003 killings 
of 18 criminal suspects or of 4 persons who died under suspicious 
circumstances following incarceration or contact with security forces.
    There were no developments in any of the 2002 cases of killings by 
security forces.
    On June 22, a trial was conducted in the 1999 killing by police in 
Banfora, Camoe Province, of Mamadou Kone, who was shot after striking 
two policemen during an escape attempt. Dabila Ouattara, one of the 
policemen accused in the case, was acquitted; however, the court 
ordered the Government to pay Kone's family approximately $176,000 
(100.3 million CFA francs) in compensation.
    Societal violence resulted in deaths during the year. On April 30, 
conflict between the residents of Sigle county seat and Tiemnore 
village, Boulkiemde Province, resulted in the death of Urbain Sibnoaga 
Gansore from Sigle. Police subsequently charged and detained Arsene 
Kabore of Tiemnore with the killing. In revenge for the killing of 
Gansore, residents of Sigle looted the police station and beat Kabore 
to death. Police arrested and detained 10 persons, who subsequently 
were released on bail and awaiting trial at year's end.
    On June 29 and 30, a land use conflict between Gourmantches farmers 
and Fulani herders from the village of Balere resulted in the deaths of 
10 Fulani cattle herders; approximately 15 farmers from the Gourmantche 
and Zaosse ethnic groups were arrested, and an investigation was 
ongoing at year's end. Farmers have traditionally accused herders of 
destroying scarce farmland.
    On November 30 and December 1, in Po county seat, another land use 
conflict between Kassena farmers of the Gourunsi ethnic group and 
Fulani herders resulted in the death of a Fulani herder, the injuring 
of another, the displacement of hundreds of Fulanis, and the 
destruction of Fulani houses and property. Police arrested 15 Kassena 
farmers, who were awaiting trial at year's end.
    There were no results in the investigation of the November 2003 
killing of Assami Tonde, who reportedly had trespassed on sacred ground 
prior to a traditional ceremony; Tonde was allegedly beaten to death by 
the retainers of the Naaba Kiiba of Yatenga, a traditional chieftain. 
There were no further developments.

    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 were 
frequently subjected to beatings and threats and sometimes torture to 
extract confessions. Abuse by security forces resulted in deaths (see 
Section 1.a.).
    The Government took no known 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.
    On June 6, police arrested, stripped naked, and beat with rubber 
batons 11 residents of Yako, Passore Province for allegedly instigating 
riots and assaulting a detainee in the Yako jail; the 11 were 
subsequently released on bail. No action had been taken against the 
police by year's end.
    Police beat persons during demonstrations (see Section 2.b.).
    There were no developments in the 2002 case in which soldiers beat 
police and civilians in the town of Kaya.
    Prison conditions were harsh and could be life threatening. The 
federal prison in Bobo-Dioulasso, built in 1947, housed approximately 
900 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.
    Prison visits were granted at the discretion of prison authorities; 
however, permission generally was granted, and advance permission was 
not required. Prison observers visited prisons during the year.
    Numerous human rights organizations and the International Committee 
of the Red Cross were permitted to visit the 16 detainees accused of 
participating in an alleged coup plot in October 2003 (see Section 
1.e.).

    d. Arbitrary Arrest or Detention.--The Constitution prohibits 
arbitrary arrest and detention; however, the Government did not observe 
these prohibitions in practice.
    The national police, under the Ministry of Security, and the 
municipal police, under the Ministry of Territorial Administration, are 
responsible for public security; gendarmes reporting to the Ministry of 
Defense also are responsible for some aspects of public security. 
Corruption was widespread, particularly among lower levels of the 
police. A Committee Against Corruption continued to address corrupt 
practices within the police.
    The Constitution provides for the right to expeditious arraignment 
and access to legal counsel after a detainee has been charged before a 
judge; however, 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, police rarely 
observed these provisions in practice. 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. Defendants 
without access to legal counsel were often detained for weeks or months 
before appearing before a magistrate. In some cases, prisoners were 
held without charge or trial for longer periods than the maximum 
sentence 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.
    On September 28, police detained opposition leader Herman Yameogo 
and his cousin and political aide Noel Yameogo upon their arrival at 
Ouagadougou airport from a trip to several neighboring countries. The 
Government, which accused the men of providing Mauritania, Cote 
d'Ivoire, Guinea, and the NGO Reporters Without Borders with false 
information, subsequently released Herman Yameogo after confiscating 
his diplomatic passport and threatening to remove his parliamentary 
immunity. On October 7, the State Prosecutor indicted Noel Yameogo for 
treason and for being "a threat to state safety"; he remained in 
detention awaiting trial at year's end. On December 2, the day before 
Yameogo challenged the passport confiscation in court, the Government 
returned his passport.
    Police arbitrarily arrested a journalist and detained demonstrators 
during the year (see Sections 2.a. and 2.b.).
    On April 6, 13 of the 17 military and civilian persons detained in 
connection with the October 2003 coup plot went on trial (see Section 
1.e.).

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary; however, the judiciary was subject to executive 
influence in practice. The President has extensive appointment and 
other judicial powers. The Constitution stipulates that the Head of 
State also is the President of the Superior Council of the 
Magistrature, which can nominate and remove high-level magistrates and 
examine the performance of individual magistrates.
    Systemic weaknesses in the justice system included the removability 
of judges, outdated legal codes, an insufficient number of courts, a 
lack of financial and human resources, and excessive legal costs.
    There are four operational higher courts: The Supreme Court of 
Appeal; the Council of State; the Audit Court and Office; and the 
Constitutional Council. Beneath these higher courts are 2 courts of 
appeal and 18 provincial courts. There also is a High Court of Justice 
with jurisdiction to try the president and senior government officials 
for treason and other serious crimes. On September 8, the National 
Assembly passed a bill that established a tribunal to try persons under 
18 who are charged with felonies or misdemeanors as children rather 
than adults. The military court system, which tried only military 
cases, was subject to executive influence.
    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 were generally 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.
    On April 6, 13 of the 17 military and civilian persons detained in 
connection with the October 2003 coup plot went on trial: 4 were 
convicted and sentenced to between 5 and 10 years' imprisonment; 3 
received suspended sentences of between 12 months and 2 years; and the 
remaining 6 were acquitted. Several of the defendants retracted their 
confessions during the trial, alleging that they had been beaten and 
coerced into signing the statements. The MBDHP and other human rights 
groups that visited the defendants during pretrial detention reported 
that the defendants had been well treated.
    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 also could take a case to a 
formal court.
    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. The Government did 
not restrict academic freedom.
    The official media, including the daily newspaper Sidwaya, and the 
national radio and television, displayed progovernment bias. The 
independent press included three daily and approximately a dozen weekly 
newspapers; some newspapers appeared only occasionally. There were 
numerous independent radio stations and three television stations. Some 
of these media outlets were critical of the Government. Foreign radio 
stations broadcast without government interference.
    All media were under the administrative and technical supervision 
of the Ministry of Information. The audiovisual media were regulated 
further by the Superior Council of Information, which was under the 
Presidential office and had limited independence.
    There are regulations for private and independent radio and 
television. Radio stations were held responsible if their call-in 
programs threatened the public order or the rights of any third party.
    Presse Dimanche, a popular television talk show cancelled in 
November 2003 allegedly at the behest of the Minister of Information, 
did not resume broadcasting during the year.
    Despite some self-censorship, independent newspapers and radio 
stations often criticized the Government, reported allegations of 
corruption and mismanagement by authorities, and accused 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 November 5, police arrested journalist and opposition activist 
Mathieu N'Do upon his arrival from a reporting mission in Cote 
d'Ivoire. N'Do, who was detained for questioning for 6 days at the riot 
police headquarters, was accused of having had close contact with the 
President of Cote d'Ivoire; however, no charges were filed upon his 
release.
    The Government did not restrict access to the Internet.

    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of assembly; however, the Government at times 
restricted this right in practice.
    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 advance notification requirement include 2 to 5 years' 
imprisonment. Permits must be obtained from municipal authorities for 
political marches, and authorities may alter or deny requests on 
grounds of public safety. Denials or modifications may be appealed 
before the courts.
    On February 12, police surrounded a group of merchants who had 
gathered to discuss government plans to relocate them from Central 
Ouagadougou Market, which had burned down in a fire, to an area outside 
of Ouagadougou, where business was not as profitable. The police fired 
directly into the crowd with shotguns and teargas and also beat 
individuals with rubber batons. An estimated 10 persons were injured, 
including a man whose foot had to be amputated after being hit with 
buckshot. On February 13, merchants and unemployed youth responded by 
blocking roads, burning vehicles and buses, and attacking foreign 
businesses and property; police again used shotguns and teargas to 
disperse demonstrators. A total of 75 persons were arrested and 
subsequently released. In justifying police action, the mayor of 
Ouagadougou claimed that he had not authorized the merchants' 
gathering. No action had been taken against police by year's end.
    On May 1, Konde Hakani Elizabeth, the mayor of Dedougou city, 
Mouhoun Province, restricted a union's peaceful march around the city. 
The mayor claimed that she had not received any request for a permit to 
march; however, the union claimed to have sent the request on April 28.
    The Constitution provides for freedom of association, and the 
Government generally respected this right in practice. Political 
parties and labor unions 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. 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 2004 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 and police agents routinely stopped travelers for identity 
checks and to levy road taxes. Customs agents stopped travelers for 
customs checks. During the year, the Government confiscated the 
passport of a political leader (see Section 1.d.).
    The law prohibits forced exile, and the Government did not use it.
    The law provides for the granting of asylum or refugee status in 
accordance with the 1951 U.N. Convention Relating to the Status of 
Refugees or its 1967 Protocol, and the Government has established a 
system for providing protection to refugees. In practice, the 
Government provided protection against refoulement, the return of 
persons to a country where they faced persecution, and granted refugee 
or asylum status. The Government cooperated with the office of the U.N. 
High Commissioner for Refugees (UNHCR) and other humanitarian 
organizations in assisting refugees and asylum seekers. The Government 
also provided temporary protection to individuals who may not qualify 
as refugees under the 1951 Convention/1967 Protocol. There were 465 
persons with refugee status and 549 persons who had requested refugee 
status residing in the country. Most were nationals of Cote d'Ivoire, 
Rwanda, Burundi, the Democratic Republic of the Congo, and the Republic 
of the Congo; others were from Chad and Liberia. Almost all the 
refugees and applicants lived in Ouagadougou.
    During the year, the governmental National Refugee Committee and 
UNHCR continued their efforts to respond to the needs of refugees. Some 
refugees asked the UNHCR to send them to third countries; these 
requests were still being evaluated at year's end.
    Despite increased violence in Cote d'Ivoire, there were fewer 
voluntary repatriations of Burkinabe nationals from Cote d'Ivoire than 
in previous years. Burkinabe returnees reported physical abuse, 
harassment, and extortion from Ivoirian police officials.
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 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. 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. The cabinet includes four members from small 
opposition parties who generally support the ruling party; however, the 
major opposition bloc, the Group of 14 February (G-14), refused to 
participate.
    In 2001, the Constitution was amended 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.
    The government-funded Independent National Electoral Commission 
(CENI) has full responsibility for managing its budget and is the only 
organization responsible for monitoring elections and referendums. Five 
representatives of opposition parties, including the G-14 coalition, 
served on the CENI, in addition to five representatives of pro-
government parties (including the CDP) and five representatives of 
civil society.
    In 2002, the Government held parliamentary elections. For the first 
time in the country's history, multiple political parties, including 
opposition parties, 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. Independent 
observers characterized CENI's conduct during the elections as 
generally fair.
    Following the May 2002 legislative elections, the Government was 
reorganized, and the 2000 protocol, which ceded one-third of cabinet 
posts to the opposition and which the Prime Minister and opposition had 
signed, was voided by the ruling party. Of the 31 cabinet members, 
there were 4 ministers from parties other than the ruling CDP. All but 
one of the country's mayors were CDP members, most appointed provincial 
officials were members of the CDP, and most traditional chiefs also 
were members of the CDP.
    CDP membership conferred advantages, particularly for businessmen 
and traders in competition for open bidding contracts.
    On April 27, the National Assembly adopted a controversial bill to 
revise the electoral code through redistricting and other measures. The 
CDP claimed the law would correct imbalances in the previous system; 
however, opposition parties, which boycotted the April 27 session, 
charged that the bill was designed to rescind reforms that facilitated 
large opposition gains in the May 2002 legislative elections. Most 
observers believed the changes would favor larger and more organized 
parties.
    During the year, the Government continued efforts to curb official 
corruption, which was a serious problem. In January, the High Authority 
to Fight Against Corruption issued a report that cited numerous 
instances of corruption in government and civil society. However, there 
were no prosecutions of corrupt officials during the year.
    There were no laws that provided for public access to government 
information; however, government ministries generally released non-
sensitive documents.
    There were 12 women in the 111-seat National Assembly, 3 women in 
the 31-member Cabinet, and 4 women in the Supreme Court. The Cabinet 
included 17 minority members; the National Assembly included 61 
minority representatives.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A number of human rights groups generally operated without 
government restriction, investigating and publishing their findings on 
human rights cases. Government officials were somewhat cooperative and 
responsive to their views.
    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.
    The Government failed to honor repeated requests for information 
from the African Union about alleged human rights abuses that occurred 
between 1983 and 1997. The Government did not prosecute the 
perpetrators of these offenses; however, in 2002, it established a $9 
million fund to compensate families of the victims of political 
violence. By year's end, the Government had distributed more than $7 
million (approximately 3.99 billion CFA francs) of the fund.
    On August 22, a U.N. Independent Commission of Inquiry arrived in 
the country to investigate human rights violations in Cote d'Ivoire. 
The 5-member team also met with some of the more than 350,000 citizens 
of the country who have returned from Cote d'Ivoire since September 
2002; many claimed to have been mistreated.
    The National Commission on Human Rights serves as a permanent 
framework for dialogue on human rights concerns. Commission members 
included representatives of human rights NGOs, union representatives, 
government officials, and representatives from professional 
associations. The MBDHP, which did not participate on the Commission, 
has charged that the Commission was established to undermine human 
rights organizations that criticized the Government; however, there 
were no clear indications of such interference.
    During the year, the Government took several steps to advance human 
rights. On June 4, the Ministry for the Promotion of Human Rights, 
which was established in 2002, opened an information center in Bobo-
Dioulasso, the second biggest city of the country. From June 17 to 18, 
the Ministry held a training seminar for the 34 members of the 
Commission on human rights principles and the roles of the U.N. and 
regional NGOs in protecting human rights. On August 16, the Commission 
held a conference on preventing deaths in detention in Bobo-Dioulasso.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The Constitution prohibits discrimination on the basis of race, 
ethnic origin, gender, disability, and social status; however, the 
Government was unable to enforce this prohibition effectively. 
Discrimination against women and persons with disabilities remained a 
problem. Various ethnic groups 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. No law specifically protects women from domestic 
violence, and 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 counseled rape victims, including Catholic and 
Protestant missions, the Association of Women Jurists in Burkina, the 
MBDHP, the Association of Women, and Promofemmes--a regional network 
that works to combat violence against women. The Government has 
attempted to change attitudes toward women, using education through the 
media.
    FGM was practiced widely, especially in many rural areas, and 
usually was performed at an early age. Up to 70 percent of girls and 
women have undergone this procedure; however, the Government has 
demonstrated its commitment to eradicate FGM through education, and the 
National Committee for the Fight Against Excision reported that the 
incidence of excision has decreased by approximately 40 percent since 
1990. FGM is a crime, with strict punishments for those involved in its 
practice. Perpetrators were subject to imprisonment of 6 months to 3 
years and a significant fine.
    During the year, the Government arrested and prosecuted several 
women who performed FGM. On January 21, police arrested Yiere Mamou 
Berte for practicing FGM on 41 young girls in Sefina village, 
Kenedougou Province; Berte was in prison awaiting trial at year's end. 
On February 4, Mariam Kone was given a 12-month suspended sentence for 
practicing FGM on eight young girls in Banwa Province. On August 16, 
police arrested a woman in Ouagadougou for circumcising 12 girls 
ranging in age from 2 to 12; the arrest received widespread media 
coverage because of the public outcry that the practice still occurred 
in metropolitan areas.
    The law does not specifically prohibit prostitution; however, 
pimping and soliciting are illegal.
    Scarification of the faces of both boys and girls of certain ethnic 
groups was gradually disappearing.
    There were occasional reports of trafficking in women (see Section 
5, Trafficking).
    The Penal Code explicitly prohibits sexual harassment; however, 
such harassment was common.
    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.
    Although the law provides equal property rights for 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 married. 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 
comprised one-fourth of the government workforce, although usually they 
were found in lower paying positions. The Ministry of Women's Promotion 
actively promoted women's rights during the year; the Minister was a 
woman. The Government also established income generating activities for 
women during the year, including the production of fabric, shea butter, 
and soap.
    Several NGOs were active in promoting women's rights, including 
Women in Law and Development in Africa, Association of Female Judges, 
Association of Elected Women of Burkina Faso, Women's Coalition of 
Burkina Faso, and Kebayina Association of Women of Burkina Faso.

    Children.--The Constitution nominally protects children's rights. 
The Government demonstrated its commitment to improve 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.
    The Government allotted approximately 25 percent of the national 
budget to education, and the law provides for free compulsory 
education; however, 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"), tuition-
free education could continue through junior high and high school. 
Children still were responsible for paying for school supplies, and 
many parents could not afford to lose a child's labor in the fields or 
at other remunerative jobs; as a result, overall school enrollment was 
approximately 52 percent (46 percent for girls). The Government has 
taken steps to promote primary education for girls through 
encouragement of donor scholarships, school feeding programs, and 
information campaigns to change societal attitudes toward educating 
girls. Girls made up slightly more than one-third of the total student 
population in the primary school system. 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 rate of male literacy was approximately 32 percent, and female 
literacy was 15 percent.
    The law prohibits the abuse of children under 15 years old and 
provides for the punishment of abusers. On March 3, the tribunal of 
Koudougou, Boulkiemde Province, sentenced Pauline Ouoba and her husband 
Saidou Pandamba to 6 months' imprisonment and 12 months' suspended 
sentence, respectively, for severely beating their 12-year-old adopted 
child.
    FGM was performed commonly on young girls (see Section 5, Women).
    Trafficking of children was a problem (see Section 5, Trafficking).

    Trafficking in Persons.--The Constitution specifically prohibits 
slavery, inhumane treatment, and mistreatment of children and adults, 
and the Penal Code prohibits kidnapping, violence, and mistreatment of 
children; however, the country was a source, transit, and destination 
country for internationally trafficked persons, including children. In 
May 2003, the National Assembly adopted an anti-trafficking law that 
punishes child traffickers with 1 to 10 years' imprisonment and fines 
of $525 (299,250 CFA francs) to $2,600 (1.5 million CFA francs); 
however, the law had not been implemented by year's end. The sexual 
exploitation of children was a problem.
    During the year, 25 child traffickers were arrested: At year's end, 
16 had been sentenced to prison; 3 were being tried; and 6 were in 
detention awaiting trial.
    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; however, 
the Government had limited resources to combat trafficking in women and 
children.
    The country was an occasional source for women who traveled to 
Europe to work as domestics, but subsequently were exploited sexually. 
The country was a transit point for trafficked children, notably from 
Mali, who often were trafficked to Cote d'Ivoire. Malian children also 
were trafficked into the country. Destinations for trafficked children 
of the country included Mali, Cote d'Ivoire, Ghana, and Nigeria.
    Trafficked children were subject to violence, sexual abuse, forced 
prostitution, and deprivation of food, shelter, schooling, and medical 
care. Organized child trafficking networks existed throughout the 
country. One study identified eight networks in Ouagadougou and seven 
in Bobo-Dioulasso. Child trafficking networks cooperated with regional 
smuggling rings.
    In January, the Directorate for the Protection of Infants and 
Adolescents published a report based on interviews with the 1,710 
trafficked children whom security forces had intercepted from 2000-03: 
45 percent were between the ages of 12 and 15, and 80 percent had never 
gone to school. The report estimated that 175,000 children between the 
ages of 6 and 17 worked and lived apart from their families, including 
95,000 who worked abroad.
    In the past, some children voluntarily traveled to Cote d'Ivoire to 
work as agricultural laborers to escape poverty at home. 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 the cost of their 
transport to Cote d'Ivoire and of the food and housing on the 
plantation.
    However, according to Lutrena, a local NGO that collaborated with 
both the International Program for Elimination of Child Labor (IPEC) 
and the International Labor Organization (ILO) to fight against child 
trafficking, the flow children going to Cote d'Ivoire for work purposes 
declined significantly following the September 2002 military rebellion 
there. Many of these working children reportedly headed for Mali either 
to work in rice plantations or study in Islamic schools or for coastal 
countries like Benin. According to the Ministry of Social Action and 
National Solidarity, security forces and regional trafficking 
surveillance committees intercepted 644 trafficked children in 2003.
    The Government worked with international donors and the ILO to 
address child trafficking, in part by organizing seminars against child 
trafficking for customs officers. During the year, security services 
and civil society groups organized similar workshops and seminars. The 
Government also established 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. An IPEC program to prevent child trafficking for work 
purposes on cotton plantations continued during the year.

    Persons with Disabilities.--There was no legislation to protect 
persons with disabilities from discrimination, and advocates reported 
that such persons often faced social and economical discrimination. 
There was no government mandate or legislation concerning accessibility 
for persons with disabilities. Programs to aid persons with 
disabilities were limited. 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 that persons with disabilities should be under the care of 
their family and should not enter the workforce.

    Other Societal Abuses or Discrimination.--Societal discrimination 
against homosexuals and persons with HIV/AIDS was a problem.
Section 6. Worker Rights
    a. The Right of Association.--The law provides workers, including 
civil servants, the right of association, and workers exercised this 
right. Essential workers, such as police, could not join unions. 
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.

    b. The Right to Organize and Bargain Collectively.--Unions have the 
right to bargain directly with employers and industry associations for 
wages and other benefits, and there was extensive collective bargaining 
in the modern wage sector; however, it encompassed only a small 
percentage of workers. There are no export processing zones.
    The Constitution provides for the right to strike, and workers 
exercised this right in practice. Legal strikes occurred during the 
year, including a 3-day strike by health workers for better pay and 
working conditions. In May 2003, all the major trade union federations 
and autonomous unions called a strike, in part to protest the 
privatization of parastatal organizations; none of their demands were 
met, and some public institutions and private enterprises were closed.
    During the year, the mayor of Dedougou city restricted a union 
march (see Section 2.b.).

    d. Prohibition of Forced or Compulsory Labor.--The law prohibits 
forced or compulsory labor, including by children; however, there were 
reports that children were employed for domestic labor outside their 
own families without any status or formal remuneration and that young 
girls were procured for domestic labor (see Sections 5 and 6.d.). 
Trafficking of women and girls was a problem (see Section 5).

    e. Prohibition of Child Labor 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+ 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, where working conditions were harsh. 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. 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 Youth, which oversees labor 
standards, lacked the means to enforce work safety and age limit 
legislation adequately, even in the small business sector.
    The Government organized workshops during the year, and in 
cooperation with donors, has undertaken many sensitization programs to 
inform children and parents of the dangers of sending children away 
from home to work.

    f. Acceptable Conditions of Work.--The Labor Code mandates a 
minimum monthly wage of approximately $40 (22,800 CFA francs) in the 
formal sector; the wage did not apply to subsistence agriculture. The 
minimum wage 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 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 Youth 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 established by presidential decree 
in January 2003 of $1,051 per month (599,070 CFA francs). 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 the Government's Labor Inspection Office 
declared a workplace unsafe for any reason, workers had the right to 
remove themselves from the dangerous work without jeopardy to continued 
employment. There were indications that this right was respected in 
practice; however, such declarations by the Labor Inspection Office 
were relatively rare.
                               __________

                                BURUNDI

    Burundi is a republic with a Transitional Government established in 
November 2001, under the Arusha Peace and Reconciliation Agreement 
(Arusha Agreement). In April 2003, Domitien Ndayizeye, a member of the 
Hutu ethnic group, succeeded Pierre Buyoya, a member of the Tutsi 
ethnic group, as President. The Arusha Agreement obliged the 
Transitional Government to hold local and national elections before 
November 1; however, by year's end, no elections had been held. On 
October 18, the National Independent Electoral Commission (CENI) 
proposed to delay national and local elections until 2005 for technical 
reasons. On October 20, the Transitional Government approved an interim 
constitution that allowed the Transitional Government to remain in 
power until a referendum on a post-transition constitution was held. By 
year's end, the CENI announced that a referendum on the draft post-
transition constitution, scheduled for December 22, would be delayed, 
and a date had not been set.
    The country remained engaged in an armed conflict between the 
Government and the Party for the Liberation of the Hutu People/National 
Liberation Front (PALIPEHUTU-FNL) led by Agathon Rwasa. Government 
forces were aided in this conflict by fighters of the National Council 
for Defense of Democracy-Forces for the Defense of Democracy (CNDD-
FDD), a former rebel group. The security situation improved markedly in 
most parts of the country after the CNDD-FDD joined the Transitional 
Government in November 2003. However, in Bujumbura Rural Province, 
which surrounds the capital and was the stronghold of the PALIPEHUTU-
FNL, fighting continued. Human rights violations resulting from the 
conflict continued to occur, primarily in Bujumbura Rural. The judicial 
system continued to be corrupt, subject to political manipulation, and 
inefficient.
    The security forces were controlled by the Transitional President, 
and consisted of the Burundian Armed Forces (FAB) and the gendarmerie 
under the Ministry of Defense, police under the Ministry of Public 
Security, and the intelligence service under the presidency. The 
Ministry of Defense reduced the role and numbers of the Guardians of 
the Peace (GP), armed paramilitary civil defense units. CNDD-FDD forces 
created de facto parallel police forces and administrations in parts of 
the country and operated with significant autonomy. On June 1, the U.N. 
Operation in Burundi took over the international peacekeeping function 
from the South African-led African Union Mission to Burundi.
    The country's U.N.- and World Bank-supported process to disarm, 
demobilize, and reintegrate former soldiers and former rebels began in 
December. By year's end, a total of approximately 3,300 former 
soldiers, as well as approximately 2,900 child soldiers, had been 
demobilized.
    Civilian authorities did not maintain effective control of the 
security forces, including the CNDD-FDD. Members of the security 
forces, including the CNDD-FDD, committed numerous serious human rights 
abuses.
    The country, which by World Bank estimates had a population of 7.2 
million, was extremely poor. The majority of the population was 
dependent on subsistence agriculture. The Transitional Government 
controlled the price of some commodities and the rates of exchange; 
however, it took steps to reduce the difference between the official 
and parallel exchange rates. The public sector, including government-
owned enterprises, dominated the small formal section of the economy. 
The armed conflict caused severe economic disruption, and internally 
displaced persons (IDPs) were dependent on international humanitarian 
assistance. The country's gross domestic product was $669.2 million in 
2003, according to the World Bank. Wages did not keep pace with 
inflation. An estimated 8.3 percent prevalence rate of HIV/AIDS 
continued to place a burden on the country's resources through rising 
medical expenditures, absenteeism from work, labor shortages resulting 
from morbidity and mortality, and training of replacement labor.
    The Transitional Government's human rights record remained poor, 
and the Transitional Government continued to commit numerous serious 
human rights abuses. Citizens did not have the right to change their 
government. Security forces, including the CNDD-FDD, continued to 
commit numerous arbitrary and unlawful killings, including killings of 
unarmed civilians, many of whom were killed during reprisal attacks on 
those suspected of cooperating with the PALIPEHUTU-FNL. There were 
credible reports of disappearances, and security forces continued to 
torture, beat, rape, and otherwise abuse persons. Prison conditions 
remained harsh and sometimes life threatening. Impunity and the 
continuing lack of accountability for those who committed past abuses 
remained serious problems. Arbitrary arrest and detention, and lengthy 
pretrial detention were problems; there were also credible reports of 
incommunicado detention. The court system did not ensure due process or 
provide citizens with fair trials. The Transitional Government 
infringed on citizens' privacy rights. The Transitional Government 
restricted the freedoms of speech, association, and movement, and at 
times it restricted the freedoms of press and assembly. Since 1993, the 
civil war caused thousands of civilian deaths and massive internal 
population displacement. Corruption was a serious problem. The armed 
forces sometimes limited access to certain areas by human rights 
observers, citing security conditions. Violence and discrimination 
against women continued. The continued use of child soldiers was a 
problem; however, the Transitional Government and all former rebel 
groups demobilized child soldiers throughout the year. Trafficking in 
persons was a problem. Discrimination against persons with disabilities 
and indigenous Twa populations remained problems. There was also a 
disproportionate number of Tutsis in state institutions. Societal 
discrimination between Hutus and Tutsis continued along with incidents 
of ethnically motivated conflict. Child labor, including forced labor, 
was a problem. Mob killings were a problem.
    The PALIEPHUTU-FNL also continued to commit numerous serious human 
rights abuses against civilians, including killings, kidnappings, 
rapes, theft, extortion, the forcible recruitment and employment of 
children as soldiers, and forced labor.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--Unlike in the 
previous year, there were no reports that security forces committed 
political killings; however, security forces committed unlawful 
killings of civilians during the year.
    At year's end, six of the seven individuals accused in the 2001 
killing of Kassi Manlan, including Colonel Gerard Ntunzwenayo, remained 
in jail and their trial was ongoing. No action had been taken against 
the seventh, Commander Sylvestre Hakizimana. At year's end, police held 
in custody another man allegedly involved in the killing. Two other 
individuals accused of having taken part in the killing had 
disappeared; however, the Attorney General told the court that they 
were being held in a safe place for security reasons.
    The FAB regularly committed unlawful killings, often with impunity, 
of Hutu and Tutsi civilians following fighting with rebels, in reprisal 
for rebel attacks, and for suspected collaboration with rebels (see 
Section 1.g.).
    League Iteka reported that on February 21, a FAB soldier reportedly 
killed Melchiade Basingwa and his wife in Kiremba Commune, Ngozi 
Province, and stole approximately $280 (300,000 Burundian francs). The 
soldier was arrested on March 15 and held for interrogation. At year's 
end, it was unknown if he was still in detention.
    There were no developments in the February 2003 killing of Abraham 
Nshirimana, allegedly by FAB soldiers.
    During the year, there were reports that suspects were killed while 
in the custody of security forces and the CNDD-FDD. For example, League 
Iteka reported that on May 6, in Bujumbura city's Kanyosha Zone, the 
local gendarmerie reportedly shot and killed a bicycle taxi operator 
who was in custody. There had been no investigation into the killing at 
year's end.
    On August 13, members of the CNDD-FDD detained and beat to death 
Albert Ntahomvukiye in Mutimbuzi Commune, Bujumbura Rural province. 
Ntahomvukiye's son was beaten until he was unable to walk. League Iteka 
reported that the CNDD-FDD suspected them of collaborating with the 
PALIPEHUTU-FNL.
    League Iteka reported that on September 20, the corpse of an 
alleged thief who had been in FAB custody was found near a FAB position 
in Bugabira Commune, Ngozi Province. There were no reports that action 
was taken against persons responsible for the alleged killing.
    There were no developments in the June 2003 torture death of FAB 
soldier Mathias Nkurunziza.
    Civilians were killed during fighting between government and rebel 
forces, and women died as a result of being raped (see Section 1.g.).
    There continued to be reports of deaths and injuries caused by 
landmines laid by both government and rebel forces.
    Although very few exact figures were available, there were numerous 
political killings by unidentified assailants during the year. For 
example, Bujumbura Rural Province Governor Ignace Ntawembarira reported 
that 38 local government officials were killed in the province during 
the year.
    According to League Iteka, on September 8, in Kayanza Province, 
seven armed men in military uniforms killed CNDD-FDD Gatara Commune 
representative Sebastien Bamporubusa, severely tortured the Karurusi 
colline chief, and amputated the fingers of one of Bamporubusa's 
neighbors.
    There were no developments in the following 2003 killings by 
unknown assailants: The February killing of Leonard Masengo; the May 
killing of Jean Nkurukiye; the September killing of Raphael Nzinahora; 
or the November killing of World Food Program official Philbert 
Nsengiyumva.
    There were reports that the GP committed killings, rapes, and armed 
robberies during the year.
    The PALIPEHUTU-FNL rebels killed numerous persons during the year 
and committed serious abuses against the civilian population, including 
a massacre of refugees in August (see Section 1.g.).
    Killings by bandits were a serious problem during the year, 
particularly by year's end. In November, a U.N. spokesperson told the 
press that between 6 and 10 persons were dying every day as a result of 
acts of banditry.
    There were numerous reports during the year of mob violence, 
lynchings, and the killing of suspected witches. For example, League 
Iteka reported that on February 12, a mob killed Nephtalie 
Sindayihebura, whom the local population accused of being a witch, in 
Rumonge Commune, Bururi Province.
    League Iteka also reported that on February 28, the local 
population of Rugombo Commune, Cibitoke Province, lynched an individual 
accused of using witchcraft to paralyze and kill a local youth.
    On April 9, a mob stoned to death a man accused of injecting 
persons in the markets of Kayanza Province with the HIV/AIDS virus. In 
August, there were several similar reports that mobs killed individuals 
accused of injecting persons with poison.
    During the year, the local press reported numerous incidents in 
which individuals threw hand-grenades into bars or other public 
gathering places, resulting in deaths and injuries. For example, on 
April 14, in Kirundo Province, four men were killed in a pub after an 
unidentified individual threw a grenade into the establishment.
    On July 10, in Rutana Commune, Rutana Province, two persons were 
killed and 19 wounded after an unidentified individual threw a grenade 
into a wedding reception.

    b. Disappearance.--Although precise numbers were unavailable, there 
were frequent reports of kidnappings during the year; however, there 
were no reports of politically motivated kidnappings.
    For example, League Iteka reported that on July 7, members of the 
CNDD-FDD kidnapped a man, his wife, and two others in Kanyosha Commune, 
Bujumbura Rural Province. At year's end, it was unknown if they were 
still being held.
    The PALIPEHUTU-FNL was reportedly responsible for many 
disappearances during the year.
    For example, on February 15, unidentified assailants kidnapped six 
persons in Ndava Commune, Mwaro Province, according to League Iteka. 
They have not been found or released.
    League Iteka reported that on March 10, members of the PALIPEHUTU-
FNL kidnapped and held for ransom the Mutambu Zone Chief, whom they 
reportedly suspected of passing information to the FAB. The Chief was 
later released.
    On September 14, members of the Rwandan Interahamwe militia group 
took nine individuals hostage in the Kibira forest, Cibitoke Province. 
According to League Iteka, they were released after 3 weeks and at 
least two of the hostages reportedly paid a ransom of $180 (194,000 
Burundian francs).
    There were no developments in the 2002 disappearance of two persons 
in Buhonga, Bujumbura Rural Province.
    Unlike in the previous year, there were no reports that children 
were kidnapped by rebels and then used as child soldiers.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Transitional Constitution prohibits such practices; 
however, members of the security forces continued to torture and 
otherwise abuse persons.
    Throughout the year multiple credible sources reported that the 
CNDD-FDD set up illegal detention and torture centers across the 
country, including at least five in Bujumbura.
    League Iteka reported that members of the security forces and CNDD-
FDD members beat and tortured civilians and detainees throughout the 
year.
    On February 17, in Nyambuye Zone, Bujumbura Rural province, members 
of the CNDD-FDD detained and tortured numerous individuals, several of 
whom were reportedly hospitalized; some young girls and women were 
raped (see Section 1.g.).
    On April 14, two FAB soldiers in Mutambu Commune, Bujumbura Rural 
province, detained Judge Gaspard Gahungu, stole $45 (48,000 Burundian 
francs) and a mobile phone, and beat him until he lost consciousness.
    In April, members of the CNDD-FDD arrested many residents of 
Mutimbuzi Commune, Bujumbura Rural province, took them to detention 
center, beat them, forced them to spend the night in a trough filled 
with water, and later forced them to drink that water.
    On September 29, in Mutimbuzi Commune, Bujumbura Rural province, 
CNDD-FDD members detained a 13-year-old student and four others, took 
them to a local CNDD-FDD garrison, and beat them with rods and batons 
until they could no longer walk. According to League Iteka, the five 
were accused of knowing members of the PALIPEHUTU-FNL.
    There were no new developments in the July 2003 torture of Emmanuel 
Niyongabo by the Public Security Police and Ezechial Ncitiyinisalaba by 
security forces, or in the December 2003 torture of suspected witches 
by members of the CNDD-FDD.
    Although precise figures remained unavailable, there were frequent 
reports that members of the FAB and the CNDD-FDD raped women with 
impunity (see Section 1.g.). For example, according to League Iteka, on 
June 1, a FAB soldier raped a 6-year-old girl in Bubanza province. On 
June 29, again in Bubanza province, two men in military uniforms raped 
a 12-year-old girl. The soldiers' superiors took no action in either 
case. League Iteka reported that on July 21, in Mwaro province, a FAB 
officer, Justin Nitunga, raped a 13-year-old girl. There was no 
official investigation of this case.
    There were frequent reports that PALIPEHUTU-FNL members raped women 
(see Section 1.g.).
    Government troops used excessive force in areas where there were 
civilians (see Section 1.g.).
    Several persons were injured during the year by landmines laid by 
government and rebel forces.
    Prison conditions remained harsh and sometimes life threatening. 
Severe overcrowding persisted. According to government officials and 
human rights observers, prisoners suffered from digestive illnesses, 
dysentery, and malaria, and prisoners died as a result of disease. The 
Transitional Government provided sufficient food, and families were 
permitted to supplement prisoner rations.
    According to the Ministry of Justice, during the year, 7,568 
inmates were held in facilities built to accommodate a maximum of 3,650 
persons. Of this number, 2,728 were serving sentences, and 4,798 were 
pretrial detainees. Human rights NGOs lobbied the Transitional 
Government during the year for the release of prisoners who were held 
for long periods of time without charge. Between January and September, 
the Transitional Government released over 400 of these prisoners and 
had set up a commission to review the cases of pre-trial detainees.
    On July 30, over 400 gendarmes stormed Mpimba prison in Bujumbura 
to quell a prison strike that was launched on July 19 by self-
proclaimed political prisoners who demanded amnesty under the terms of 
the Arusha Agreement. According to press reports, the gendarmes used 
teargas to break up the strike, and at least four prisoners were 
wounded.
    According to the Ministry of Justice, women were detained 
separately from men. During the year, there were 135 children in 
prisons, of whom 42 accompanied their convicted mothers. Juvenile 
prisoners were held with and often treated as adults. Political 
prisoners often were held with convicted prisoners. Pretrial detainees 
were held in communal lockups, but some were also incarcerated with 
convicted prisoners.
    During the year, the Transitional Government permitted visits by 
international and local human rights monitors. NGOs continued their 
efforts to monitor and improve sanitation, hygiene, medical care, food, 
and water.
    The ICRC was allowed access to prisoners and detained persons, 
including persons detained for ``reasons relating to the conflict,'' 
and conducted visits regularly during the year.

    d. Arbitrary Arrest or Detention.--The criminal code prohibits 
arbitrary arrest and arbitrary detention; however, security forces 
arbitrarily arrested and detained persons.
    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 always cooperate with civilian prosecutors 
or magistrates, including in investigations involving members of the 
security forces. Members of the GP were unpaid and poorly trained. 
Unlike in the previous year, there were no reports that members of the 
GP were coercively recruited. Corruption, abuse of the criminal code's 
standards on the duration of detentions, and mistreatment of prisoners 
remained problems.
    The law requires arrest warrants, and presiding magistrates were 
authorized to issue them. Police and gendarmes could make arrests 
without a warrant but were required to submit a written report to a 
magistrate within 48 hours. Few aspects of these provisions were 
respected in practice, and the requirement that that detainees be 
charged and appear in court within 7 days of their arrest was violated 
routinely. 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 regularly detained suspects for 
extended periods without announcing charges, certifying the cases, or 
forwarding them to the Ministry of Justice as required. Multiple 
credible sources reported that incommunicado detention existed, 
although the law prohibits it. Bail was permitted in some cases.
    There were numerous arbitrary and some politically motivated 
arrests, including some demonstrators, labor officials, and local NGO 
employees (see Sections 2.a., 2.b., and 4).
    Many of the persons arrested on criminal charges since 1993 
remained in pretrial custody. According to the Ministry of Justice, 
4,798 prisoners were awaiting trial. There were 400 communal lockups 
where those who were arrested were supposed to be held no longer than 1 
week; however, in practice, detainees were regularly kept in these 
facilities for much longer periods of time. Family members were 
required to provide all food for these detainees. Once detainees were 
transferred to larger detention facilities, the Government provided 
food.

    e. Denial of Fair Public Trial.--The Transitional Constitution 
provides for an independent judiciary; however, in practice the 
judiciary was not independent of the executive and was dominated by 
members of the minority Tutsi community. The judicial system was 
inefficient and subject to bribes and other forms of corruption; many 
citizens had no confidence in its ability to provide even basic 
protection. Judicial reform was a priority of the Arusha Accord, but 
little progress was made during the year.
    The judicial system consisted of civil and criminal courts with the 
Supreme Court and Constitutional Court at the apex. In all cases, the 
Constitutional Court had the ultimate appellate authority; however, in 
practice few cases of lower-ranking offenders reached this level.
    Citizens generally did not have regular access to court proceedings 
and often had to travel more than 30 miles to reach a court of law. All 
trials were conducted before a jury. Defendants, in theory, are 
presumed innocent and have a right to counsel and to defend themselves; 
however, in practice, few had legal representation. 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. According to the law, all 
defendants, except those in military courts, have the right to appeal 
their cases up to the Supreme Court, and in capital cases, to the 
President for clemency; however, in practice, the inefficiency of the 
court system extended the duration of the appeals process, effectively 
limiting the possibility of appeals, even by defendants accused of the 
most serious crimes.
    The Transitional Government officially recognized the traditional 
system of communal arbitration, which functioned under the guidance of 
elders, the ``Bashingantahe,'' and which facilitated the settlement and 
reconciliation of disputes. 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. Community elders 
presided over deliberations under this system.
    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-ranking 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.''
    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. In 
addition, defendants in military courts are allowed only one appeal.
    The detention of political prisoners remained a problem during the 
year. Local human rights NGOs claimed that the Government held 
approximately 4,000 political prisoners during the year. However, the 
Government stated that there were no political prisoners and that each 
person in detention had been convicted of a specific crime. Charges 
against defendants convicted for nonpolitical crimes sometimes were 
politically motivated.

    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The Transitional Constitution provides for the right 
to privacy; however, these rights were not respected in practice. 
Authorities rarely respected the law requiring search warrants. It was 
widely believed that security forces monitored telephones.
    There were numerous reports during the year that the FAB and CNDD-
FDD looted and destroyed houses whose occupants were accused of 
harboring and aiding the PALIPEHUTU-FNL (see Section 1.g.).
    There were numerous reports of looting by the PALIPEHUTU-FNL (see 
Section 1.g.).

    g. Use of Excessive Force and Violations of Humanitarian Law in 
Internal and External Conflicts.--The ongoing conflict in Bujumbura 
Rural province resulted in numerous serious abuses against the civilian 
population by government and rebel forces; generally no actions were 
taken against perpetrators. The FAB and CNDD-FDD killed numerous 
civilians following fighting with the PALIPEHUTU-FNL, in reprisal for 
PALIPEHUTU-FNL attacks, and for suspected collaboration with the 
PALIPEHUTU-FNL. Abuses included the killing of civilians, the looting 
and burning of houses, attacks on noncombatants, the displacement of 
large numbers of civilians, and the rape of women. Security forces 
prevented international humanitarian aid agencies and human rights 
observers from reaching some areas of the country (see Section 2.d.).
    While no definitive countrywide casualty figures were available, 
reports from media and NGOs estimate that more than 250,000 persons, 
mostly civilians, have been killed in conflict-related violence since 
1993. Much of the unlawful killing and property destruction during the 
year was concentrated in Bujumbura Rural province, which was the scene 
of continuing fighting between the FAB and CNDD-FDD on one side, and 
the PALIPEHUTU-FNL on the other.
    There were numerous reports that FAB forces deliberately killed 
civilians during the conflict. For example, on March 29, FAB soldiers 
killed a man who refused them entry into his home in Mutimbuzi Commune, 
Bujumbura Rural province, while they were searching the area for 
PALIPEHUTU-FNL rebels.
    League Iteka reported that on April 27, in Kabezi Commune, 
Bujumbura Rural province, FAB soldiers killed four IDPs after fighting 
occurred in the area between FAB and PALIPEHUTU-FNL forces. According 
to League Iteka, on June 8, FAB soldiers killed two civilians and 
wounded three others that they suspected of having contacts with 
PALIPEHUTU-FNL members.
    There were numerous reports that FAB forces killed civilians 
indiscriminately as a result of the conflict. For example, League Iteka 
reported that on January 26, FAB soldiers began firing into the 
marketplace in Mutambu Commune, killing six civilians. The soldiers 
reportedly opened fire after the PALIPEHUTU-FNL killed two FAB soldiers 
in the marketplace.
    According to HRW, on March 16, during fighting between FAB soldiers 
and PALIPEHUTU-FNL rebels, FAB soldiers indiscriminately fired mortars 
into a crowd of fleeing civilians in Kabezi Commune, Bujumbura Rural 
Province. No additional information was available by year's end.
    On May 29, FAB soldiers killed 23 persons in Kabezi Commune, 
Bujumbura Rural Province; at least 1 of the victims was raped prior to 
be being killed.
    CNDD-FDD soldiers operating in Bujumbura Rural Province, in 
cooperation with the FAB, were also accused by human rights 
organizations of killing civilians. According to HRW and local NGOs, 
one tactic the CNDD-FDD regularly employed was to search local areas 
for persons not known by the areas' inhabitants, or to search for 
wounded individuals, and to summarily execute them under suspicion of 
belonging to the PALIPEHUTU-FNL.
    According to Human Rights Watch (HRW), on September 16, in Mutamba 
Commune, Bujumbura Rural Province, CNDD-FDD and FAB soldiers forced the 
local population to undress to inspect them for alleged battle-related 
injuries. One man, who was discovered to have wounds, was summarily 
executed.
    According to the U.N. Office of the High Commissioner for Human 
Rights (UNOHCHR) and NGOs, soldiers and rebels used rape as a weapon of 
war. From January to May, Search for Common Ground reported 267 rapes, 
54 of which were attributed to the security services and a significant 
number to the PALIPEHUTU-FNL.
    On February 17, while searching for PALIPEHUTU-FNL members in 
Nyambuye Zone, Bujumbura Rural Province, members of the CNDD-FDD raped 
girls as young as 7 years old and several women, at least two of whom 
died from their injuries.
    League Iteka reported that members of the CNDD-FDD raped a mother 
and her daughter in the Gatumba Zone of Bujumbura Rural Province in 
mid-April.
    On April 30, six members of the CNDD-FDD raped a 22-year-old 
resident of Kamenge Zone in Bujumbura. The UNOHCHR reported that 
although the identities of the rapists were known, no action was taken 
to investigate this crime.
    In February, FAB troops reportedly stole $50,000 (54 million 
Burundian francs) worth of non-food humanitarian assistance from 
approximately 4,000 families.
    The CNDD-FDD also reportedly pillaged houses throughout the year in 
Bujumbura Rural Province. During one operation that began on February 
17, elements of the CNDD-FDD looted over 2,000 homes in Nyambuye Zone, 
Bujumbura Rural Province.
    On September 6, members of the CNDD-FDD, who were searching for 
PALIPEHUTU-FNL members or sympathizers, looted approximately 15 houses 
in the Kanyosha Zone of Bujumbura and beat the owners of the houses, 
according to League Iteka.
    No actions were taken against members of the security forces or 
CNDD-FDD responsible for abuses reported in 2003 or 2002.
    Landmines placed by government and rebel forces in past years 
continued to cause civilian deaths and injuries.
    During the year, security forces restricted access by humanitarian 
organizations to parts of Bujumbura Rural Province; although 
authorities said insecurity in those areas made delivery of aid 
impossible, commercial traffic was sometimes not restricted.
    Security forces and former rebel groups continued to have child 
soldiers in their ranks; however, during the year, the Government and 
former rebel groups removed child soldiers from combat units and 
demobilized many of them by year's end (see Section 5).
    There were numerous reports of civilians displaced by fighting (see 
Section 2.d.).
    The PALIPEHUTU-FNL killed, beat, kidnapped, stole from, and raped 
civilians. During the year, League Iteka reported numerous incidents 
where the PALIPEHUTU-FNL killed civilians for supposedly cooperating 
with the FAB or the CNDD-FDD. For example, on March 31, in Mubimbi 
Commune, Bujumbura Rural Province, PALIPEHUTU-FNL members killed two 
men suspected of collaborating with the CNDD-FDD.
    On June 1, PALIPEHUTU-FNL members in Muhuta Commune, Bujumbura 
Rural Province, killed Violette Nzitonda because her husband was a 
member of the CNDD-FDD.
    On July 26, PALIPEHUTU-FNL members killed Paul Ndabanukiye for 
allegedly passing information to security forces in Nyambuye Zone, 
Bujumbura Rural Province.
    The PALIPEHUTU-FNL claimed responsibility for the August 13 
massacre of refugees from the Democratic Republic of the Congo (DRC) at 
the UNCHR-operated transit camp for refugees at Gatumba in Bujumbura 
Rural Province. The PALIPEHUTU-FNL claimed they were attacking armed 
individuals; however, 152 refugees, many of them women and children, 
were killed in the attack. Other armed groups may have been involved in 
the attack. In October, a team of U.N. experts submitted a report to 
the U.N. Secretary General regarding their investigation of the 
massacre (see Section 4).
    The PALIPEHUTU-FNL and armed bandits often killed civilians who 
refused to comply with extortion. There were numerous reports that the 
PALIPEHUTU-FNL regularly ambushed minibuses on national highways, and 
robbed and killed the occupants. U.N. security officials reported 
numerous other ambushes during the year.
    Throughout the year, members of the PALIPEHUTU-FNL were reported by 
League Iteka to have raped civilians.
    League Iteka reported that the PALIPEHUTU-FNL looted homes 
throughout the year. For example, on May 26, in Gihanga Commune, 
Bubanza Province, PALIPEHUTU-FNL members pillaged over 40 homes.
    There were no reports that rebel forces prosecuted or punished 
members who were responsible for abuses.
    The PALIPEHUTU-FNL rebel group used or recruited children as 
soldiers during the year (see Section 5).
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Transitional Constitution 
provides for freedom of speech and of the press; however, in practice, 
the Transitional Government restricted freedom of speech, and although 
respect for freedom of the press improved during the year, the 
Government at times limited this right. Unlike in the previous year, 
the Transitional Government did not arrest, harass, or detain 
journalists. However, the Transitional Government suspended the 
operations of one Internet news sheet, AGINFO, for 7 days and issued 
warnings to three other media groups. At times, the Transitional 
Government and security forces prevented journalists from going to 
rural areas where crimes occurred, making it difficult to gather 
information about perpetrators or victims. Journalists practiced self-
censorship. During the year, there were no reports that the 
Transitional Government restricted academic freedom.
    The Government restricted freedom of speech through arrests and 
intimidation. On June 24, the state prosecutor summoned Sangwe-Pader 
party chairman Leonidas Havyarimana for interrogation regarding 
statements he had made on the radio. Havyarimana, citing parliamentary 
immunity, disregarded the summons.
    On September 24, police arrested COSYBU labor confederation 
president Pierre Claver Hajayandi and COSYBU treasurer Celestin 
Nsavyimana after they criticized the Transitional Government in an 
address to workers. The intelligence service detained the two men until 
September 30. In addition, the intelligence service confiscated 
COSYBU's computers.
    On October 11, the state prosecutor questioned UPRONA party 
chairman Jean Baptiste Manwangari for allegedly insulting the 
president.
    The Transitional Government controlled the major media. The 
Transitional Government owned the only daily newspaper, the country's 
only television station, and two radio stations, and exercised strong 
editorial control. The government-owned newspaper Le Renouveau was 
published daily. There were six private weekly publications and eight 
private Internet and fax-based news sheets.
    Radio remained the most important medium of public information. The 
government-owned radio broadcast in Kirundi, French, and KiSwahili, and 
offered limited English programming. There were eight privately owned 
radio stations, including Radio Isanganiro, Bonesha FM, and African 
Public Radio (RPA), all of which broadcast in French, Kirundi, and 
KiSwahili. Some stations received funding from international donors. 
Listeners could receive transmissions of foreign news organizations.
    Unlike in the previous year, there were no reports that security 
forces arrested or harassed journalists.
    The Transitional Government continued to restrict, through direct 
and indirect means, reporting on the country's internal conflict. For 
example, on July 14, the Transitional Government suspended the news 
sheet AGINFO for 7 days for issuing a report alleging that South 
African peacekeepers were supplying arms to the PALIPEHUTU-FNL and an 
article claiming that there were signs of a genocide in the country. On 
the same day, the Transitional Government issued warnings to the news 
sheet NETPRESS, as well as to the radio stations Bonesha FM and RPA.
    Unlike in the previous year, there were no reports that the 
Transitional Government suspended radio stations.
    During the year, the Government used prohibitive licensing and rent 
fees to weaken the independent media.
    A media law adopted in November 2003 provides for fines and 
criminal penalties of 6 months' to 5 years' imprisonment for the 
dissemination of insults directed at the President, as well as writings 
that are defamatory, injurious, or offensive to public or private 
individuals. Human rights observers criticized the law as a tool to 
intimidate and censor the media.
    Following the passage of a November 2003 press law, newspapers were 
no longer required to have articles reviewed by the Transitional 
Government before their publication.
    According to the British Broadcasting Corporation, as a result of 
government pressure, journalists continued to practice self-censorship.
    The Transitional Government did not restrict access to the Internet 
during the year.
    During the year, there were no reports that the Transitional 
Government limited academic freedom.

    b. Freedom of Peaceful Assembly and Association.--The Transitional 
Constitution provides for freedom of assembly; however, the 
Transitional Government at times restricted this right in practice. The 
law requires permits for public meetings and demonstrations, and 
applications were sometimes denied to groups, including those that 
criticized or opposed the Transitional Government. There were fewer 
reports that such applications were denied during the year.
    The COSYBU labor confederation reported that the Transitional 
Government often denied its member trade unions the right to assemble 
and peacefully demonstrate during the year.
    During the year, the Transitional Government denied requests by PA 
Amasekanya, a hard-line Tutsi movement, to demonstrate on several 
occasions.
    During the year, security forces also broke up meetings and 
demonstrations, including political demonstrations. For example, on 
August 18, security forces used tear gas to break up a street 
demonstration led by refugees from the DRC protesting the massacre of 
refugees at Gatumba. Some protestors were arrested; however, all were 
released by year's end.
    No action was taken against security forces responsible for using 
excessive force during demonstrations and marches in 2002.
    The Transitional Constitution provides for freedom of association; 
however, the Transitional Government restricted this right in practice 
and arrested members of organizations (see Sections 4). Registration 
was required for private organizations and political parties. Private 
organizations were required to present their articles of association to 
the Ministry of Interior for approval; however, the Transitional 
Government routinely failed to complete the approval process for 
private organizations whose purposes the Transitional Government 
opposed. In November, U.N. representatives expressed concern over the 
Transitional Government's delay in registering former rebel groups as 
political parties.
    From February 22 to May 2, approximately 67 members of PA-
Amasekanya, a hard-line Tutsi movement, were arrested because of their 
membership in a pro-Tutsi militia group, according to PA Amasekanya and 
allied groups. At year's end, some members were still in detention.

    c. Freedom of Religion.--The Transitional Constitution provides for 
freedom of religion, and the Transitional Government generally 
respected this right in practice.
    The Transitional Government required religious groups to register 
with the Ministry of Interior, which kept track of their leadership and 
activities. The Government required religious groups to maintain a 
headquarters in the country.
    On July 12, Dieudonne Hakizimana, a PALIPEHUTU-FNL rebel who 
reportedly admitted to taking part in the December 2003 killing of 
Papal Nuncio Michael Courtney, died in government custody of wounds 
sustained prior to his capture on February 1.
    Archbishop Simon Ntamwana, who was ordered by the PALIPEHUTU-FNL to 
leave the country within 30 days in 2003 after the Papal Nuncio's 
killing remained in the country without incident.
    On August 8, the PALIPEHUTU-FNL reportedly captured a 20-member 
delegation headed by Anglican bishop Pie Ntukamazina in Kabezi Commune, 
Bujumbura Rural Province. CNDD-FDD forces rescued the delegation the 
same day. The motive for the capture was not known.
    On October 18, in Makamba Province, armed assailants shot and 
killed Catholic priest Gerard Nzeyimana. According to press reports, 
Nzeyimana was specifically targeted; the killers reportedly verified 
his identity before killing him. Catholic World News reported that 
Nzeyimana was killed for his stance against human rights abuses; a news 
report from the Fides Agency quoted sources who identified the killers 
as members of the PALIPEHUTU-FNL.
    For a more detailed discussion, see the 2004 International 
Religious Freedom Report.

    d. Freedom of Movement Within the Country, Foreign Travel, 
Immigration, and Repatriation
    The Transitional Constitution provides for these rights; however, 
the Transitional Government restricted them in practice. The 
Transitional Government continued to impose a curfew in parts of the 
country. During fighting between the FAB and CNDD-FDD on one side and 
the PALIPEHUTU-FNL on the other, local populations were routinely 
displaced and their movements were restricted by checkpoints, violence, 
and the threat of violence. Citing insecurity, security forces 
sometimes restricted humanitarian relief agencies' access to local 
populations in Bujumbura Rural province. The Transitional Government 
also cited insecurity as grounds for denying human rights observers 
access to some areas of the country (see Section 4).
    A November 2003 ban on bicycle taxis entering the city center 
remained in effect throughout the year, though it was not regularly 
enforced. The ban, as part of a security measure to prevent rebel 
infiltration of the city, primarily affected persons, particularly poor 
peasant farmers, who could not afford public transportation. The ban 
did not affect those using bicycles for other purposes.
    The law does not provide for forced exile, and the Transitional 
Government did not use it as a means of political control; however, 
many persons remained in self-imposed exile in Belgium, Kenya, 
Tanzania, the DRC, and elsewhere.
    By year's end, the U.N. High Commission for Refugees (UNHCR) had 
facilitated the voluntary repatriation of 83,849 Burundian refugees; in 
addition, there were approximately 6,500 refugees who spontaneously 
repatriated to the country during the year. The repatriates, most of 
whom came from Tanzania and returned to the eastern provinces, often 
returned to find their homes had been burned and their livestock 
stolen. Poor living conditions and a lack of food and shelter were 
problems for returnees during the year. During the year, the UNHCR and 
the Transition Government's National Commission for the Rehabilitation 
of War Victims (CNRS) assisted in the resettlement and reintegration of 
refugees and IDPs; however, some human rights groups criticized the 
Transitional Government for not allocating sufficient resources to 
strengthen the CRNS' capacity to improve conditions for IDPs and 
refugees. According to the UNHCR, as of August, an estimated 750,000 
refugees remained outside the country.
    Civilians were regularly displaced as a result of fighting in 
Bujumbura Rural province between the FAB and CNDD-FDD on one side and 
the PALIPEHUTU-FNL on the other. According to the U.N. Office for the 
Coordination of Humanitarian Affairs (UNOCHA), clashes between the 
PALIPEHUTU-FNL and government security forces, including the CNDD-FDD, 
caused temporary population displacements lasting from 2 days to 3 
weeks in 8 of the 10 communes of Bujumbura Rural Province. At any given 
time during the year, estimated UNOCHA, between 25,000 and 70,000 
persons were displaced in Bujumbura Rural province. For example, 
according to UNOCHA, 80,000 individuals were temporarily displaced in 
February and March, and 35,000 were temporarily displaced in April.
    Unlike in the previous year, there were no reports that security 
forces restricted the movement of IDPs.
    Timely relief was sometimes denied to populations in need, 
including IDPs, due to security conditions and security force 
restrictions (see Section 1.g.).
    According to UNOCHA, there were 145,034 long-term IDPs living in 
170 sites by year's end. The majority were Tutsis who were displaced by 
violence in 1993 and who never returned home. Soldiers provided a 
measure of protection to camp inhabitants. There were reports that camp 
inhabitants sometimes were required to perform labor for soldiers 
without compensation.
    Unlike in the previous year, there were no reports that security 
forces killed persons who remained outside the displacement sites on 
suspicion of collaborating with the rebels, or that Hutu rebels killed 
IDPs for allegedly collaborating with government authorities.
    The law does not provide for the granting of refugee status or 
asylum in accordance with the 1951 U.N. Convention Relating to the 
Status of Refugees or its 1967 Protocol, but the Transitional 
Government has established a system for providing protection to 
refugees. There was a special ad hoc administrative body in the 
Transitional Government that coordinated refugees. In practice, the 
Transitional Government generally provided protection against 
refoulement, the return to a country where they feared persecution, and 
granted asylum status. The Transitional Government cooperated with the 
UNHCR and other humanitarian organizations assisting refugees. There 
were approximately 30,000 refugees in the country at year's end. The 
UNHCR reported in October that it was assisting roughly 9,000 refugees 
from the DRC who had settled in U.N.-run refugee camps. In addition, 
the UNHCR estimated that there were approximately 21,000 DRC refugees 
who had settled in urban areas of the country.
    During the year, the Transitional Government provided protection to 
certain individuals who may not qualify as refugees under the 1951 U.N. 
Convention/1967 Protocol.
    During the year, refugees and asylum seekers were subject to 
killings and other abuses. On August 13, PALIPEHUTU-FNL and possibly 
other armed elements killed 152 refugees from the DRC at the Gatumba 
transit camp (see Section 1.g.). There were reports that DRC refugees 
who survived the August 13 Gatumba massacre were coerced by refugee 
leaders to return to the DRC.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The Arusha Agreement obliged the Transitional Government to hold 
presidential, legislative, and communal elections before November 1; 
however, none of these elections had been held by year's end, and 
citizens did not have the right to change their government. On October 
18, the CENI, which was approved by the National Assembly on August 31, 
proposed to delay the completion of presidential, legislative, and 
communal elections until April 2005 for technical reasons. On October 
20, the Transitional Government approved an interim constitution that 
provided for the Transitional Government to remain in power until a 
referendum on a post-transition constitution was held; however, on 
December 14, the CENI announced that the constitutional referendum 
would also be postponed for technical reasons. By year's end, the date 
of the referendum had not been set.
    In 2000, the Arusha Accord, which provided for a 3-year 
transitional period to end the country's civil war, was signed and 
ratified by the National Assembly. In 2001, a Transitional Constitution 
was adopted, providing for power to be shared between the Tutsi 
minority, which has ruled the country for most of its history, and the 
Hutu majority. In November 2001, the transition period began, and 
President Buyoya was President, and Domitien Ndayizeye, then secretary 
general of FRODEBU, was Vice President.
    In May 2003, President Ndayizeye succeeded former President Buyoya 
to begin the second half of the Transitional Government in accordance 
with the peace agreement; the predominantly Tutsi parties selected 
Alphonse-Marie Kadege as Vice President. During the year, the President 
and 14 of the 26 cabinet ministers were members of predominantly Hutu 
parties. The cabinet also included 12 ministers from predominantly 
Tutsi parties, including the Ministers of Defense and Foreign Affairs.
    On November 10, the President dismissed Vice-President Kadege for 
having ``failed in his primary mission to assist the President'' and 
said he failed to support the country's constitution. Kadege and the 
predominantly Tutsi political parties aligned with him had criticized 
the draft interim constitution for, among other things, not providing 
for what they considered to be an acceptable number of seats in the 
National Assembly reserved for predominantly Tutsi parties. However, by 
December, most predominantly Tutsi parties reportedly had agreed to 
respect the interim constitution.
    The Arusha Agreement, the Transitional Constitution, and the 
October 2003 agreement between the Transitional Government and the 
CNDD-FDD comprise a formula for the restoration of democracy. Under the 
agreement, democratic rule is to be accomplished through elections, and 
the protection of minority rights is to be reflected in a senate and 
armed forces that have a higher percentage of Tutsis than the 
population at large.
    The National Assembly consisted of 186 parliamentarians: Those 
elected in 1993 who sat in the previous National Assembly (or 
substitutes from the same political party, if some of the original 
parliamentarians had died), and 40 additional members. Members of the 
Tutsi community filled 22 of the 40 new seats.
    In March and April, with the entrance of the CNDD-FDD and other 
former rebel groups into the Government, an additional 44 
parliamentarians were added to the National Assembly, of which 15 were 
from the CNDD-FDD. The total number of deputies was 220.
    There were 26 recognized political parties by year's end. UPRONA 
and FRODEBU were the largest political parties and controlled most 
transitional government positions. Although not technically a political 
party, the CNDD-FDD was the largest former rebel group in the 
Transitional Government. The Transitional Government prevented or 
disrupted political demonstrations (see Section 2.b.).
    The National Assembly continued to refuse the demands of human 
rights groups calling for the repeal of a provisional immunity law that 
the Assembly approved on August 2003. The law grants provisional 
immunity to political leaders who return from exile to take part in the 
transitional government institutions. The law covers ``crimes with a 
political aim'' committed from July 1, 1962, to the date of the law's 
promulgation.
    The Transitional Government remained subject to a culture of 
impunity, and widespread corruption remained a problem. Corruption was 
prevalent in the public and private sectors and affected numerous 
public services, including procurement, the granting of land use 
concessions, public health, and the assignment of school grades. A 
portion of the Transitional Government's revenues and expenditures 
remained off-budget, allowing the Transitional Government to use monies 
collected from taxes of such things as beer and gas to fund military 
expenditures. According to Transparency International, in 2003, a 
report by financial inspectors drew attention to the misappropriation 
of $20,000 (20 million Burundian francs) in public funds at Bujumbura's 
city hall. Transparency International also reported that the presence 
of military personnel throughout the countryside has contributed to an 
increase in petty corruption, including extortion at identity checks 
and levying fees on farmers harvesting after the curfew.
    The Ministry of Good Governance is charged with fighting 
corruption, and by year's end, it had prosecuted three cases of 
corruption.
    On March 31, the Transitional Government created a national 
auditing agency, to report to the National Assembly and oversee 
government expenditures, including military expenditures, but by year's 
end, it was not yet conducting audits.
    According to Transparency International, the law does not provide 
for access to government information, and in practice, information was 
difficult to obtain. The law does not allow the media to invoke the 
right to broadcast or publish information in certain cases relating to 
national defense, state security, and secret judicial inquiries. Human 
rights observers criticized the law for its application of poorly 
defined restrictions on the right to access and disseminate 
information; they said that vague prohibitions regarding official 
secrets could easily be used as a broad shield to hide corruption or 
other human rights abuses.
    There were 43 women in the 220-seat National Assembly and 10 women 
in the 54-seat Senate. Of the 26 cabinet seats, women held 3 
portfolios. Three of the eight members of the Supreme Court were women, 
as were two of the seven Constitutional Court members, including its 
president.
    Approximately 1 percent of the population was Twa; although there 
were no Twa in the Cabinet, one Twa was appointed to the National 
Assembly, and three were members of the Senate.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A number of local and international NGOs, including human rights 
groups, generally operated without government restrictions; however, 
the Government denied journalists, international relief workers, and 
human rights observers access to some areas of the country, citing 
insecurity in rural areas (see Sections 1.g. and 2.d.). Government 
officials, although limited by capacity and resources, cooperated with 
these groups by providing limited access to information and other 
resources.
    Domestic human rights groups received varying degrees of 
cooperation from government ministries; the ministries provided them at 
times with information and facilitated visits to areas of interest. 
While well-established groups with international linkages and a 
presence in Bujumbura had a measure of protection from government 
harassment, indigenous NGOs in the countryside were more susceptible to 
government pressure. In addition, government security services--even if 
willing--were unlikely to be able to protect NGO members from private 
reprisals. Although the Transitional Government did not directly take 
action based on local NGO recommendations, local NGOs continued to 
engage in advocacy. The most prominent local human rights group, League 
Iteka, continued to operate and publish a newsletter.
    At times, the FAB and CNDD-FDD denied human rights observers access 
to areas where they were accused of committing human rights violations. 
Human rights NGOs were unable to investigate reports of killings 
because of these restrictions, which they said were arbitrary. Parts of 
Bujumbura Rural Province often effectively remained off limits for 
humanitarian operations.
    According to a U.N. news service, on October 27, CNDD-FDD 
combatants arrested Innocent Nzeyimana, an employee of a local NGO, 
along with three other civilians, and detained him in an illegal prison 
run by the CNDD-FDD in the northern suburb of Kamenge. Nzeyimana said 
he was accused of siding with the PALIPEHUTU-FNL; however, he said he 
believed he was arrested because he had advised the CNDD-FDD to stop 
harassing civilians.
    The Transitional Government cooperated with the U.N., permitting 
visits by U.N. human rights representatives during the year. The U.N. 
Independent Expert for Human Rights visited the country from October 4 
through 13. The UNOHCHR maintained a four-person observer team in the 
country. The U.N. Operation in Burundi (UNOB) had 20 human rights 
observers in place as of October.
    In October, a team of U.N. experts submitted a report to the U.N. 
Secretary General regarding their investigation of the August 13 
killing of 152 Congolese Tutsi refugees at the Gatumba transit camp 
(see Section 1.g.). The report stated that the Transitional Government 
``failed to move the refugee camp to a safer location prior to the 
attack and failed to adequately protect the refugees and come to their 
aid on the evening of the massacre.'' The report did not conclusively 
determine the identity of the assailants beyond what it called ``the 
likely participation of FNL.'' The report stated that credible but 
unverified information that suggested the involvement of one or more 
actors in the DRC warranted further investigation. The Transitional 
Government characterized the U.N. report as ``incorrect'' and objected 
to the report's criticism of the security forces' response to the 
attack.
    In compliance with the Arusha Agreement, in May, the Transitional 
Government facilitated a U.N. delegation visit to assess the 
possibility of establishing an International Judicial Commission of 
Inquiry and an international tribunal if the Commission of Inquiry 
deemed it warranted. By year's end, neither body had been established.
    On December 27, the Burundian President signed a law establishing a 
National Truth and Reconciliation Commission (NTRC) to investigate 
crimes committed during the country's recent civil war, as well as 
those committed since the country gained its independence in 1962.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The Transitional Constitution provides equal status and protection 
for all citizens, without distinction based on sex, origin, ethnicity, 
or opinion; however, the Transitional Government failed to effectively 
implement these provisions, and discrimination persisted.

    Women.--Domestic violence against women was common; however, no 
credible statistics were available. Wives had the right to charge their 
husbands with physical abuse, but rarely did so. Police normally did 
not intervene in domestic disputes. The law does not specifically 
prohibit domestic violence; however, persons accused of domestic 
violence could be tried under assault provisions of the law. By year's 
end, no known court cases had dealt with domestic abuse. The 
Transitional Government rarely investigated cases involving violence 
against women. 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 by up to 20 years 
imprisonment. The FAB, CNDD-FDD, and the PALIPEHUTU-FNL raped women 
during the year (see sections 1.c. and 1.g.). According to a 2003 AI 
report, domestic rape (outside the context of the conflict) was common. 
According to UNHCRC, many rapes of young girls were committed during 
the year with the belief that they would prevent or cure sexually 
transmitted diseases, including HIV/AIDS. Information on rape has only 
recently begun to be recorded. Few cases of rape were reported to the 
authorities, and many rape victims did not receive medical care due to 
the intimidation caused by cultural attitudes. Men often abandoned 
their wives following the abuse, and women and girls were ostracized. 
In some instances, police and magistrates reportedly ridiculed and 
humiliated women who alleged that they were raped; according to the 
UNOHCHR, there were reports that some police required that victims 
provide food and pay the costs for incarceration of those they accuse 
of rape. According to the UNOHCHR, those who sought judicial redress 
faced the weaknesses of the judicial system, including many judges who 
did not regard rape as a serious crime, and a lack of medical 
facilities for gathering important medical evidence. In the limited 
number of cases that were investigated, successful prosecutions of 
rapists were rare.
    Civil society and religious communities attacked the stigma of rape 
to help victims reintegrate into families that rejected them. Domestic 
human rights groups League Iteka and APRODH continued to encourage 
women to press charges and seek medical care, and international NGOs 
provided free medical care in certain areas. The Transitional 
Government also raised awareness of the problem's extent through 
seminars and local initiatives on the kinds of medical care available.
    The law prohibits prostitution; however, it was a problem. There 
were reports that soldiers and rebels sexually exploited women and 
young girls residing near military installations and rebel camps. 
According to a 2003 report by the Women's Commission for Refugee Women 
and Children, the ongoing conflict has forced many women into 
prostitution to feed their children. Increased prostitution continued 
to contribute to the growing incidence of HIV/AIDS.
    Women faced legal and societal discrimination. Discriminatory 
inheritance laws, marital property 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 performed most 
of the farm work, married and had children at early ages, and had fewer 
opportunities for education than men.
    Several local groups worked 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 Transitional Government could not adequately satisfy the needs of 
children, particularly the large population of children orphaned by 
violence since 1993 and by HIV/AIDS.
    According to the Ministry of Education, the maximum age up to which 
public schooling was provided was 22. Schooling was compulsory up to 
age 12; however, in practice this was not enforced. The Transitional 
Government provided primary school at nominal cost, but it was 
increasingly unaffordable due to the declining economy. UNICEF reported 
during the year that the net primary school enrollment/attendance rate 
for children was 47 percent, with 44 percent of girls enrolled/
attending compared with 49 percent of boys. Sixth grade is the highest 
level of education attained by most children, with approximately 11 
percent of children of secondary school age attending school.
    Female illiteracy was a problem. Approximately 40 percent of women 
were literate compared with 56 percent of men.
    An estimated 550,000 children of school age did not attend school 
for many reasons, including an inability of their families to afford 
school fees and materials, frequent displacement due to civil war, ill 
health, and the deaths of parents as a result of HIV/AIDS, which left 
children orphaned, homeless, or both. More than 25 percent of primary 
schools have been destroyed in the war, and many teachers have been 
killed. Teacher training was interrupted, and it was difficult to find 
qualified teachers to work in some parts of the country.
    Under the law, the country's minimum age for military recruitment 
is 16, although the Transitional Government has stated that no one 
under 18 was recruited; however, throughout the year, there were 
reports that security forces and former rebel groups continued to have 
child soldiers in their ranks, despite the participation of all of 
these groups in a joint government-UNICEF project to demobilize and 
reintegrate children into their communities. No reliable figures were 
available on the exact number of child soldiers in the security forces, 
GP militia, and former rebel groups, and estimates varied significantly 
among different organizations and changed during the year, in part to 
reflect the reported results of demobilization.
    In May, UNICEF estimated that approximately 3,000 child soldiers 
were serving in government forces or former rebel groups. According to 
the Coalition to Stop the Use of Child Soldiers, there were reports 
during the year that the FAB continued to use children as domestic 
laborers, spies, and in combat; however, in June, the FAB reportedly 
ceased conscripting children and--along with some former rebel groups--
reportedly removed child soldiers from combat units. During the year, 
there continued to be reports that some former rebel groups continued 
to recruit and use child soldiers.
    According to a U.N. news agency, some children joined the FAB 
voluntarily by using fraudulent documents such as birth certificates. 
In previous years, according to HRW, children voluntarily attached 
themselves to military units. Most of these children were orphans or 
IDPs who had no independent means of survival. Some observers believed 
the FAB allowed these children to perform menial tasks such as cooking 
in army encampments.
    On January 26, the Transitional Government demobilized 24 child 
soldiers as it officially launched the National Structure for the 
Disarmament, Demobilization, Reintegration, and Prevention of Child 
Soldiers (National Structure). By year's end, the National Structure 
had demobilized and reintegrated 2,913 child soldiers, of which more 
than 2,000 came from the FAB and the GP militia, and 632 from former 
rebel groups. By October, all six former rebel groups, including the 
CNDD-FDD, had joined the child soldier demobilization effort.
    The PALIPEHUTU-FNL continued to use and recruit child soldiers, and 
according to HRW, children were among the PALIPEHUTU-FNL combatants in 
the August 13 Gatumba massacre (see Section 1.g.).
    Child labor was a problem (see Section 6.d.).
    According to UNICEF, HIV/AIDS infection rates in girls aged 15 to 
19 were roughly 2 times greater than in boys of the same age, and 
according to a 2003 UNICEF study, there were an estimated 200,000 
children orphaned by HIV/AIDS in the country. 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. 
According to the Ministry for the Promotion of Women and for Social 
Action, there were approximately 5,000 street children by year's end. 
Street children were accused of involvement in street crimes. Following 
a series of rapes in December 2003, police rounded up 700 street 
children during the year and took them to a special government center 
for street children. By year's end, 175 remained in the center; the 
rest were returned to their provinces of origin or to the streets.

    Trafficking in Persons.--The law does not specifically prohibit 
trafficking in persons, and there were reports of trafficking. 
Traffickers could be prosecuted under existing laws against assault, 
kidnapping, rape, prostitution, slavery, and fraud. During the year, 
the Transitional Government did not report any prosecutions, 
convictions, or sentences of traffickers; however, it investigated 
alleged cases of trafficking.
    The Ministry of Reinsertion, Repatriation, and Reintegration and 
the Ministry of Institutional Reform, Human Rights, and Parliamentary 
Relations were responsible for combating trafficking. At year's end, 
the Transitional Government was aggressively investigating a case of 
suspected trafficking of women that emerged in 2003.
    During the year, Burundi was a source and transit country for 
children trafficked for the purpose of forced soldiering, and there 
were reports of coerced sexual exploitation of women by both government 
soldiers and rebel combatants. The trafficking of child soldiers by 
both the CNDD-FDD and the PALIPEHUTU-FNL within the country was a 
problem (see Section 5, Children).
    During the year, the Transitional Government supported public 
awareness campaigns and programs to prevent trafficking, and 
demobilized 2,913 child soldiers from the FAB, GP, and six former rebel 
groups (see Section 5, Children).

    Persons with Disabilities.--The Government has not enacted 
legislation or otherwise mandated access to buildings or government 
services such as education for persons with disabilities, and this was 
due in part to a lack of government resources to ensure access to 
buildings and services. Discrimination against persons with 
disabilities was a problem. There were few job opportunities for 
persons with physical disabilities.

    National/Racial/Ethnic Minorities.--There continued to be ethnic 
conflict between the majority Hutus and the minority Tutsis, and 
regional inequities between southern Bururi Province and much of the 
rest of the country. Almost 4 decades of violence and systematic 
societal discrimination have exacerbated tensions between 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 from 
Bururi Province, historically have held power, dominated the economy, 
and controlled the security forces.
    State discrimination against Hutus, who constituted an estimated 85 
percent of the population, continued to affect every facet of society, 
most strikingly in higher education and certain branches of the 
Transitional Government, such as the armed services and the judicial 
system. Northern and eastern Tutsis also had a more difficult time 
acceding to positions of power than Tutsis from the south.
    The Tutsi-dominated FAB discriminated against Hutu members by 
denying them promotion into and within the officer corps. However, 
progress was made in integrating officers from the predominantly Hutu 
CNDD-FDD into the security forces. For example, an integrated army 
general staff was instituted with 14 of 35 members coming from the 
CNDD-FDD.

    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 economically, socially, and 
politically marginalized (see Section 3). Most Twa lived in isolation, 
without formal education, and without access to government services, 
including health care and the judicial system. A Refugees International 
report released during the year noted that the popular perception of 
the Twa as barbaric, savage, and subhuman had seemingly legitimized 
their exclusion from mainstream society.
    On September 16, authorities burned 50 Twa homes in Busoni Commune, 
Kirundo; Provincial Governor Philippe Njoni ordered that the houses be 
burned because they were built on state-owned land, League Iteka 
reported.

    Other Societal Abuses and Discrimination.--During the year, there 
were reports that discrimination against persons with HIV/AIDS 
increased. In reaction to the perceived increase in discrimination, an 
association for persons living with HIV/AIDS campaigned during the year 
for the Government to enact a law protecting affected persons from 
discrimination and stigmatization.
Section 6. Worker Rights
    a. The Right of Association.--The Labor Code protects the right of 
workers to form and join unions; however, the army, gendarmerie, and 
foreigners working in the public sector were prohibited from union 
participation. The Labor Code does not address state employees and 
magistrates. The Ministry of Labor does not have the authority to 
refuse the registration of a new union.
    According to the International Confederation of Free Trade Unions 
(ICFTU), less than 10 percent of the formal private sector workforce 
was unionized, and only 50 percent of the public sector was unionized. 
However, most citizens worked in the unregulated informal economy, in 
which unrecognized workers have little or no legal protection of their 
labor rights.
    According to the ICFTU, private sector employers systematically 
prevented the creation of trade unions, and the Government failed to 
protect private sector workers' rights in practice.
    Tutsis continued to dominate the formal economy and unions; 
however, Hutus became more involved in the formal economy and unions 
during the year.
    According to the ICFTU, there were allegations during the year that 
the Transitional Government did not allow trade union bodies to select 
their own representatives to the country's tripartite National Labor 
Council. The Labor Code prohibits employers from firing or otherwise 
discriminating against a worker because of union affiliation or 
activity, and the Transitional Government generally respected this 
right in practice. However, in the private sector, the Government often 
failed to protect workers from discrimination by employers, according 
to the ICFTU. In cases where employers dismiss employees because of 
their union affiliation, the Ministry of Labor can order an employee 
reinstated; if the employer fails to comply, the Ministry refers the 
case to the Labor Court, which makes a determination of the severance 
pay and indemnification that the employer must pay.
    The Transitional Government often denied trade unions the right to 
assemble and peacefully demonstrate during the year (see Section 2.b.).
    According to the Confederation of Burundi Labor Unions (COSYBU), 
Vincent Nyandwi, the head of the workers union at the state water and 
electricity company REGIDESO, was dismissed by REGIDESO, allegedly on 
account of his union membership in December 2003. In February, the 
Ministry of Labor called for him to be rehired. REGIDESO rehired 
Nyandwi but transferred him from the city of Bujumbura to an outlying 
area of Bujumbura Rural Province.
    On September 24, police arrested COSYBU labor confederation 
president Pierre Claver Hajayandi and COSYBU treasurer Celestin 
Nsavyimana, and detained them until September 30 (see Section 2.a.).

    b. The Right to Organize and Bargain Collectively.--The Labor Code 
recognizes the right to collective bargaining; however, wages are 
excluded from the scope of collective bargaining in the public sector. 
In practice, collective bargaining was freely practiced.
    Since most workers were civil servants, government entities were 
involved in almost every phase of labor negotiations. Both COSYBU and 
the Confederation of Free Unions in Burundi (CSB) represented labor 
interests in collective bargaining negotiations, in cooperation with 
individual labor unions.
    There are no export processing zones.
    The Labor Code provides workers with a conditional right to strike, 
and workers exercised this right in practice. 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 must determine if strike conditions have 
been met. The Labor Code prohibits retribution against workers 
participating in a legal strike.
    On March 9, the intelligence service arrested Eulalie Nibizi and 
Adolphe Wakana, heads of the teacher's unions STEB and SLEB; the arrest 
was reportedly in relation to a teachers strike between January and 
March. They were released the same day.

    c. Prohibition of Forced or Compulsory Labor.--The law prohibits 
forced or compulsory labor, including by children; however, there were 
reports that it occurred. During the year, there were reports that 
security forces continued to use persons, including children, to 
perform menial tasks without compensation, and the use of child 
soldiers remained a problem (see Section 5).
    The PALIPEHUTU-FNL forced rural populations to perform 
uncompensated labor, such as the transport of supplies and weapons, and 
recruited children for labor (see Section 5).

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
Labor Code states that children under the age of 16 cannot be employed 
by ``an enterprise,'' except for the types of labor the Ministry of 
Labor determines to be acceptable, which includes light work or 
apprenticeships that do not damage their health, interfere with normal 
development, or prejudice their schooling; however, child labor 
remained a problem. Children under the age of 16 in rural areas 
regularly performed heavy manual labor in the daytime during the school 
year. According to the ICFTU, the vast majority of children in the 
country worked during the year.
    Children were legally prohibited from working at night, although 
many did so in the informal 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. Child labor also existed in 
the mining and brick-making industries. The use of child soldiers and 
child prostitution continued to be problems (see Sections 5).
    The Ministry of Labor enforced labor laws only when a complaint was 
filed; there was one employee complaint during the year (see Section 
6.a.).
    During the year, international organizations, a few NGOs, and labor 
unions engaged in efforts to combat child labor.

    e. Acceptable Conditions of Work.--The legal minimum wage for 
unskilled workers continued to be $0.15 (160 Burundian francs) per day. 
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 
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 for 
housing, have increased.
    The Labor Code stipulates an 8-hour workday and a 45-hour workweek, 
except where workers were involved in activities related to national 
security; however, this stipulation was not always enforced in 
practice. Supplements must be paid for overtime. Alternative work 
schedules were negotiable.
    The Labor Code establishes health and safety standards that require 
safe workplaces. Enforcement responsibility rests with the Minister of 
Labor, who was responsible for acting upon complaints; there were no 
reports of complaints filed with the Ministry during the year. Health 
and safety articles in the Labor Code did not directly address workers' 
rights to remove themselves from dangerous tasks.
    Foreign workers, including undocumented workers, are protected by 
law and were not subject to discrimination; however, they were 
prohibited from union participation.

                               __________

                                CAMEROON

    Cameroon is a republic dominated by a strong presidency. Despite 
the country's multiparty system of government, the Cameroon People's 
Democratic Movement (CPDM) has remained in power since the early years 
of independence. In October, CPDM leader Paul Biya won re-election as 
President. The primary opposition parties fielded candidates; however, 
the election was flawed by irregularities, particularly in the voter 
registration process. The President retains the power to control 
legislation or to rule by decree. He has used his legislative control 
to change the Constitution and extend the term lengths of the 
presidency. The judiciary was subject to significant executive 
influence and suffered from corruption and inefficiency.
    The national police (DGSN), the National Intelligence Service 
(DGRE), the Gendarmerie, the Ministry of Territorial Administration, 
Military Security, the army, the civilian Minister of Defense, the 
civilian head of police, and, to a lesser extent, the Presidential 
Guard are responsible for internal security; the DGSN and Gendarmerie 
have primary responsibility for law enforcement. The Ministry of 
Defense, including the Gendarmerie, DGSN, and DRGE, are under an office 
of the Presidency, resulting in strong presidential control of internal 
security forces. Although civilian authorities generally maintained 
effective control of the security forces, there were frequent instances 
in which elements of the security forces acted independently of 
government authority. Members of the security forces continued to 
commit numerous serious human rights abuses.
    The majority of the population of approximately 16.3 million 
resided in rural areas; agriculture accounted for 24 percent of gross 
domestic product. Real gross domestic product growth has averaged 4 to 
5 percent annually with approximately 2 percent inflation. However, a 
rather large parastatal sector, excessive public-sector employment, and 
the Government's inability to deregulate the economy inhibited private 
investment and further economic recovery. Widespread corruption within 
the business sector and the Government also impeded growth. Members of 
the Beti ethnic group, including the Bulu subgroup, figured prominently 
in the Government, civil service, and the management of state-owned 
businesses.
    The Government's human rights record remained poor, and the 
Government continued to commit numerous serious human rights abuses. 
Citizens' ability to change their government remained severely limited. 
Security forces committed numerous unlawful killings and were 
responsible for regular torture, beatings, and other abuses of persons, 
particularly detainees and prisoners. Impunity remained a serious 
problem. 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 without charges or 
trials, and, at times, incommunicado. The Government regularly 
infringed on citizens' privacy. The Government continued to restrict 
freedoms of speech and press and harassed and threatened journalists. 
The Government restricted freedom of assembly and limited freedom of 
association. Security forces limited freedom of movement. Corruption 
was a serious problem. Violence and discrimination against women 
remained serious problems. There were reports of trafficking in 
persons, primarily children, for the purposes of forced labor. Societal 
discrimination against indigenous Pygmies and 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. There were reported incidents of 
slavery and forced labor, including forced child labor.
                        respect for human rights
    Section 1 Respect for the Integrity of the Person, Including 
Freedom From:
    a. Arbitrary or Unlawful Deprivation of Life.--There were reports 
of one politically motivated killing by government agents; and security 
forces continued to commit unlawful killings, including killings 
resulting from excessive force. Unlike in the previous year, there were 
no reports that security forces summarily executed suspected criminals.
    On August 20, the private guards of Member of Parliament (M.P.) Gah 
Gwanyin Doh III, who was also the Fon (traditional ruler) of 
Balikumbat, a locality of the North West Province, reportedly beat to 
death John Kohntem, the District Chairman of the Social Democratic 
Front (SDF), the country's leading opposition party. The guards killed 
Kohntem when he was returning from a meeting about presidential 
election preparations, in which he accused the M.P. of committing pre-
electoral fraud. Reports from regional political leaders, human rights 
advocates, journalists, and others indicated that Kohntem was killed 
because he challenged the Fon's traditional authority. There were no 
indications of involvement in the killing by the executive branch of 
the Government. In early September, police reportedly arrested and 
detained 11 suspects; however, the M.P., who had parliamentary immunity 
from prosecution, was not arrested. At year's end, a police 
investigation was ongoing, and the National Commission on Human Rights 
(NCHRF) was also investigating this case.
    Prisoners died in custody during the year, due to abuse by security 
forces, harsh prison conditions, and inadequate medical treatment. For 
example, on January 30, prison wardens at the New-Bell prison in Douala 
beat to death Emmanuel Song Bahanag, whom the wardens had accused of 
assisting four convicts to escape. On February 7, the Director of 
Penitentiary Administration visited the prison, but by year's end, 
there was no record of any official investigation.
    In April, police arrested and detained Laurent Gougang for 2 days 
on charges of robbery before transferring him to the Douala Judiciary 
Police headquarters, where he died. After his death, the Douala 
Prosecutor ordered an investigation and an autopsy, the latter of which 
confirmed that Gougang died from severe, continuous torture. At year's 
end, the investigation was ongoing, and no arrests had been made.
    By year's end, there were no developments in the July 2003 death of 
Emmanuel Banye in police custody.
    During the year, police used excessive force. There were numerous 
incidents where police beat and shot suspects, many of whom were 
fleeing the police. The police used deadly excessive force on a number 
of occasions. For example, on February 16, Christophe Ndi, a police 
officer in plainclothes, shot and killed security guard Justin Abena 
Ngono. According to a subsequent investigation, Ndi was beating a girl 
on a street in Mbandjock in the Center Province when Abena Ngono 
attempted to intervene. By year's end, Ndi was transferred to a 
different police precinct, and an investigation was ongoing.
    On March 30, Samuel Mpacko Dikoume, an officer of the Douala anti-
gang police unit, shot and killed Abel Ngosso in the Douala 
neighborhood of Bonadibong. Ngosso reportedly began to run from an 
unmarked car following him, and Officer Dikoume shot and killed him. By 
year's end, Officer Dikoume was under investigative detention, awaiting 
trial.
    On May 12, police and gendarmes--including Police Inspectors 
Stephen Nguh and John Kunde, Second Grade Police Inspector Tonye, the 
Marshal of the Legion Tokoto, and Gendarme Major Lekunze--reportedly 
beat and severely burned Afuh Bernard Weriwo, who later died of his 
injuries. Police said they believed Weriwo had stolen a bicycle. The 
officers handcuffed Weriwo, beat him severely, and repeatedly burned 
him on his arms and legs while interrogating him at a roadside 
checkpoint near Kumba. Inspector Nguh allegedly forced Weriwo to drink 
Kerosene and set him on fire. In late July, Police Inspector Nguh was 
incarcerated. At year's end, an investigation by police and the NCHRF 
continued; however, no action had been taken against the other officers 
involved.
    On June 28, Gendarme Nohote Messina shot and killed Desire Etoundi 
during a dispute at a bar in the Mvog-Mbi neighborhood of Yaounde. 
Authorities arrested Messina, and on July 6, he was transferred to the 
Yaounde Military Tribunal for preliminary hearings. At year's end, the 
case was ongoing.
    In late March, the Douala Military Tribunal sentenced a gendarme 
officer to a prison term for the 2003 death of army soldier Benangui.
    There were no new developments in the July 2003 killing of David 
Nesoe by an anti-gang police unit; the July 2003 killing by police of 
taxi driver Yeyena Ayouba and four persons protesting that killing; the 
August 2003 killing of Juvenile Mbanzamihigo; or the 2003 sentencing of 
Barthelemy Angandi.
    There were no new developments in the 2003 appeal of the acquittal 
of six army officers charged with the execution of nine youths in 
Bepanda.
    Mob violence and summary justice against those suspected of theft 
and the practice of witchcraft continued to result in deaths and 
serious injuries. Such incidents were reportedly the result of the long 
period of time it often took for law enforcement to respond to requests 
for assistance and the fact that many individuals arrested for serious 
crimes were released without charge hours after their arrests (see 
Section 1.d.).
    On March 16, a mob burned to death Ngambi Evaristus, who reportedly 
had mental disabilities, after he allegedly killed Mama Assanah Chuyi 
in the North West. There were no reports that this case was under 
investigation at year's end.
    On July 20, an angry crowd lynched Serge Ngogang in the Carrefour 
Tif neighborhood of Douala after he reportedly was caught stealing 
construction materials. By year's end, there were no reports that this 
case was under investigation.
    On August 9, a mob beat to death two suspected thieves in Kumba in 
the South West Province. Their bodies were reportedly left on a street 
corner for days to serve as an example to others. In July and August, 
there were also credible reports of suspected thieves being stoned and 
burned to death near the North West town of Bamenda. There were no 
reports that any of these incidents were under investigation at year's 
end.
    In September, a mob beat and killed Desire Sinzeu and Philegon 
Silatchom in the Banengo I neighborhood of Bafoussam in the West 
Province. The two were reportedly members of a local gang of thieves 
responsible for a number of area robberies. Security forces attempted 
to intervene to protect the individuals but were too late. By year's 
end, the Provincial Office of Judicial Police ordered an investigation, 
and 10 suspects had been arrested.
    There were no developments in any of the 2003 mob killings.

    b. Disappearance.--There were no reports of politically motivated 
disappearances during the year.
    Some disappearances of persons who were in the custody of security 
forces in past years may be attributed to summary executions by 
security forces either in Douala or the northern regions; in these 
instances, bodies rarely were found, but the suspects were presumed 
dead.
    There were no developments in the March 2002 disappearance of nine 
youths detained in the Bafoussam Gendarmerie brigade.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The law prohibits such practices; however, there were 
credible reports that security forces continued to regularly torture, 
beat, and otherwise abuse prisoners and detainees. In the majority of 
cases of torture or abuse, the Government rarely investigated or 
punished any of the officials involved. There were reports that 
security forces detained persons at specific sites where they tortured 
and beat detainees (see Section 1.a.). Security forces also reportedly 
subjected women, children, and elderly persons to abuse. Numerous 
international human rights organizations and some prison personnel 
reported that torture was widespread; however, most reports did not 
identify the victim because of fear of government retaliation against 
either the victim or the victim's family. Most victims did not report 
torture for fear of government reprisal, or because of ignorance of or 
lack of confidence in the judicial system.
    In New Bell and other non-maximum security penal detention centers, 
prison guards inflicted beatings, and prisoners were reportedly 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 male 
detainees were the ``bastonnade,'' where authorities beat the victim on 
the soles of the feet, and the ``balancoire,'' during which authorities 
hung victims from a rod with their hands tied behind their backs and 
beat them, often on the genitals. There were reports that some 
nonviolent political activists have experienced this abuse during brief 
detentions that followed participation in opposition party activities 
(see Section 2.b.).
    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 or information on alleged criminals. Pretrial detainees 
were sometimes required, under threat of abuse, to pay ``cell fees,'' a 
bribe paid to prison guards to prevent further abuse.
    During the year, there were reports that persons in police custody 
died as a result of torture (see Section 1.a.).
    In early January, 11 police officers from the Douala 11 police 
precinct arrested and beat a man named Bikele after reportedly 
receiving a bribe from the man's girlfriend, who said he had stolen 
chairs from her house. Bikele claimed that he owned the furniture. By 
year's end, the police commissioner ordered Bikele's release; however, 
there were no reports of any sanctions against the perpetrators of the 
beating.
    On May 16, Officer Abo of the Bafang police in West Province and 
another officer beat a barrister named Saga after Saga refused to 
produce his identification papers. Saga fell into a coma, from which he 
later recovered. Saga and the Cameroon Bar Association subsequently 
filed a lawsuit against the two officers, who remained on active duty 
at year's end.
    On June 15, the Senior Divisional Officer of the Meme Division (a 
local government official), Joseph Otto Wilson, reportedly assaulted 
and arrested barrister Epie Nzounkwelle after the taxi cab Nzounkwelle 
was in almost collided with Wilson's car. Nzounkwelle was released 24 
hours later, after the intervention of the Senior State Counsel. The 
Cameroon Bar Association sued Officer Wilson and the gendarmes who 
arrested Nzuonkwelle, and the case was ongoing at year's end.
    Security forces beat and harassed journalists during the year (see 
Section 2.a.).
    On January 15, officers from the gendarmerie Mobile Unit in the 
Melen neighborhood of Yaounde sexually abused Biloa Ndongo while she 
was in custody. At year's end, Biloa had a medical report documenting 
the sexual abuse, but she had not obtained the names of the officers 
involved and had not filed a complaint.
    In late February, the Abong-Mbang First Instance Court sentenced a 
police officer to a 3-year prison term and ordered the officer to pay 
$400 (200,000 CFA) for the rape of a teenager girl during police 
detention in January.
    There were no further developments in the January 2003 shooting of 
Jules Temeze Nsangou; the August 2003 shooting of Desire Mbeng; the 
2002 beating of Narcisse Kouokam; the 2002 beating of men and women in 
Noun Division, West Province; and the 2002 arrest and severe torture of 
Jean Rene Ndouma.
    Some illegal immigrants were subjected to harsh treatment and 
imprisonment. Police and gendarme often targeted Nigerian and Chadian 
communities when seeking to identify illegal immigrants. During raids, 
members of the security forces extorted money from those who did not 
have regular residence permits or those who did not have valid receipts 
for store merchandise.
    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 intended capacity. 
According to a report by the International Center for Prison Studies, 
published in late July by the Catholic newspaper La Croix, there were 
67 detention centers for the country's approximately 20,000 detainees. 
Overcrowding was exacerbated by the large number of long pretrial 
detentions and the practice of ``Friday arrests'' (see Section 1.d.). 
In May, a senior official in Bafoussam estimated that out of the 1,800 
inmates in his prison, 1,600 were awaiting trial. To relieve the worst 
of the overcrowding, prisoners were being transferred to less crowded 
prisons. On July 11, the Penitentiary Administration launched a program 
to decongest the New-Bell prison in Douala, and 74 inmates were 
transferred to the Mantum detention center in the North West Province.
    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 regularly tortured, beat, and otherwise abused 
prisoners with impunity. Several prisoners died due to harsh prison 
conditions and inadequate medical treatment. On February 26, Ngaki 
Tiako, died from untreated tuberculosis in the chambers of the Douala 
Military Tribunal, where he had been in custody since 2002 on charges 
of banditry. Corruption among prison personnel was widespread. 
Prisoners sometimes could bribe wardens for special favors or 
treatment, including temporary freedom.
    In May, the Secretary of State in Charge of Penitentiary Affairs at 
the Ministry of Territorial Administration, Emmanuel Oteh, visited 
prisons around the country. As a result of his tour, the refurbishment 
of a Yaounde detention center formerly used for political prisoners was 
underway at year's end. Also in May, an additional 800 individuals were 
recruited to work in the prison system. They were in training at year's 
end.
    There were few detention centers for women, who routinely were held 
in prison complexes with men, occasionally in the same cells. In July, 
the Center for Human Rights and Peace Advocacy, a human rights 
organization based in Bamenda in the North West Province, criticized 
this practice. Mothers sometimes were incarcerated with their children 
or babies. 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. Pretrial 
detainees routinely were held in cells with convicted criminals. Some 
high-profile prisoners were separated from other prisoners and enjoyed 
relatively lenient treatment.
    In the north, the Government continued to permit 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 for serious abuse. In Garoua, in the North Province, palace 
staff estimated that 50 prisoners were being held in the palace prison 
annually, normally between 1 and 2 weeks. Individuals who were found 
guilty were also often beaten or subject to other forms of physical 
abuse. According to the palace staff, in serious cases, such as murder, 
the accused individuals were turned over to local police.
    The Government has granted international humanitarian organizations 
access to prisoners. Both the local Red Cross and the NCHRF made 
infrequent, unannounced prison visits during the year. The Government 
continued to allow the International Committee of the Red Cross (ICRC) 
to visit prisons. During the year, the ICRC stated that the Government 
allowed international NGOs to have increased access to prisons.

    d. Arbitrary Arrest or Detention.--The law prohibits arbitrary 
arrest and detention and requires an arrest warrant except when a 
person is caught in the act of committing a crime; however, security 
forces continued to arrest and detain citizens arbitrarily.
    The DGSN includes the public security force, judicial police, 
territorial security forces, and frontier police. In rural areas, where 
there is little or no police presence, the primary law enforcement body 
is the gendarmerie. Citizens viewed police as ineffective, which 
resulted in mob violence (see Section 1.a.). It was widely believed 
that such individuals paid bribes to law enforcement and the judiciary 
to secure their freedom. Police officers and members of the Gendarmerie 
were widely viewed as corrupt and frequently arbitrarily arrested and 
detained citizens. Police demanded bribes at checkpoints, and 
influential citizens reportedly paid police to make arrests in personal 
disputes. Impunity was a serious problem. Insufficient funding and 
inadequate training contributed to a lack of professionalism in the 
DGSN.
    During the year, the Government investigated and prosecuted a few 
cases of security personnel accused of violating the law between the 
fall of 2003 and January. For example, on February 24, the Douala 
Military Tribunal sentenced Luc Raymond Kamlo, a navy soldier, to an 8-
year prison term, on banditry charges.
    Police legally may detain a person in connection with a common 
crime for up to 24 hours and may renew the detention 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 such as governors and 
senior divisional officers 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; 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 in the Anglophone 
provinces provides for a judicial review of an arrest within 24 hours, 
the courts did not convene sessions on the weekend, so the detainee 
remained in detention until at least Monday. Police and gendarmes 
accepted bribes to make such ``Friday arrests'' from persons who had 
private grievances. There were no known cases of policemen or gendarmes 
that were sanctioned or punished for this practice.
    Security forces and government authorities 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 trials and, at 
times, incommunicado (see Sections 2.a. and 4). Police also arrested 
persons during unauthorized demonstrations (see Section 2.b.).
    On May 19, the Minister of State for Culture reportedly ordered the 
arrest and detention of Clement Tjomb, the Chairman of the Board of the 
Copyright Association of Professional Photographers and Audiovisual 
Workers. Earlier that same day, a court had determined that Tjomb had 
been elected president of the association, and media reports suggested 
that the Minister supported one of the defeated candidates. On July 30, 
Tjomb was released from custody without being charged.
    In October, gendarmes arbitrarily arrested Bernard Fosso, Secretary 
General of the African Movement for Total Liberation (Molita) and 
refused to disclose his location to his family members. Fosso, who said 
he was arrested because he had criticized the Government, was released 
several days later without having been charged with a crime.
    In November, Fon Chafah XI, a local chief of the Northwest 
Province, arrested and detained Gabriel Ambo, Promotion Officer for the 
Human Rights Defense Group, for allegedly stealing from the Fon. Ambo 
said he was arrested because the Fon believed that he tried to start an 
affair with the Fon's wife. At year's end, he had been released and his 
trial was pending.
    Police frequently arrested persons without identification during 
sweeps (see Section 1.f.).
    Albert Mukong, who was awaiting trial after having been arrested in 
2002 and subsequently released, died on July 12. At year's end, the 19 
other Southern Cameroons National Council (SCNC) activists arrested 
with Mukong continued to await trial.
    The law stipulates that detainees must be brought promptly before a 
magistrate; however, arbitrary prolonged pretrial detention remained a 
serious problem, and sometimes persons were held incommunicado for 
months or even years (see Section 1.c.). For example, in mid-September, 
attorney William Ndieng said his client Benoit Bilongo had been 
detained without trial for 7 years at the Yaounde Central Prison. 
During the year, the NCHRF and Ndieng filed a complaint calling for 
Bilongo's immediate release. By year's end, the case had not been heard 
by a court. Some persons were detained for several months simply 
because they were unable to present identification to authorities.
    In September, the newspaper Mutations ran a story about Barnabe 
Atangana, who was arrested in 1984 for theft and whose case has never 
been brought to trial. According to Atangana's lawyer, the case has 
been delayed because the court was unable to locate Atangana's file. 
Atangana was still in custody at year's end.
    The law specifies that, after an investigation has concluded, 
juveniles should not be detained without trial for longer than 3 
months; however, in practice, the Government detained juveniles for 
longer periods of time. Michel Sighanou, a juvenile who was transferred 
from the Yabassi prison in 1996, has been awaiting trial for more than 
7 years.
    In recent years, there have been reports that some prisoners 
remained in prison after completing their sentences or having been 
released under a court ruling. In late August, the media reported that 
more than 100 prisoners in Douala were being held after the completion 
of their terms, and that many of them were being held because they had 
been unable to pay court fees. During the year, lawyers representing 
these individuals filed suit for their release and also filed a 
complaint at the European Court of Human Rights seeking the prisoners' 
immediate release. By year's end, there were no further developments.

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary; however, the judiciary remained highly subject 
to executive influence, and corruption and inefficiency remained 
serious problems. The court system was subordinate to the Ministry of 
Justice, which was part of the Presidency. The Constitution specifies 
that the President is the guarantor of the legal system's independence. 
He also appoints all judges with the advice of the Supreme Council of 
the Magistrature. Some politically sensitive cases were never heard by 
the courts. However, the judiciary has shown some modest signs of 
growing independence. During the year, the courts found the Government 
liable for damages in a few human rights cases involving abuses by 
security officers.
    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.
    Customary courts served as a primary means for settling civil 
disputes in rural areas, primarily in family-related civil cases, such 
as in matters of succession, inheritance, and child custody. Divorce 
cases can be brought to customary courts only if the Government has not 
sanctioned the marriage through an official license. Customary courts 
may exercise jurisdiction in a civil case only with the consent of both 
parties. Either party has the right to have the case heard by a 
statutory court and to appeal an adverse decision in a customary court 
to the statutory courts. Most traditional courts also permitted appeal 
of their decisions to traditional authorities of higher rank.
    The legal system includes both national law and customary law, and 
many criminal and civil cases can be tried using either one; however, 
criminal cases are generally tried in statutory courts, and customary 
court convictions involving witchcraft automatically are transferred to 
the statutory courts, which act as the court of first instance. 
Customary law, which is used most frequently in rural areas, is based 
upon the traditions of the ethnic group predominant in the region and 
is adjudicated by traditional authorities of that group. Customary law 
is deemed valid only when it is not ``repugnant to natural justice, 
equity, and good conscience.'' However, many citizens in rural areas 
remained unaware of their rights under civil law and were taught that 
they must abide by customary laws. Customary law ostensibly provides 
for equal rights and status; however, men may limit women's right to 
inheritance and employment, and some traditional legal systems classify 
wives as the legal property of their husbands (see Section 5).
    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. In the past, this mixed legal tradition 
has led to conflicting court action in cases handled in both 
Francophone and Anglophone jurisdictions. In June 2003, the 
International Bar Association began to assess ways to harmonize the 
criminal legal system; however, by year's end, no reforms had been 
undertaken.
    The Constitution provides for a fair public hearing in which the 
defendant is presumed innocent. Defendants generally were allowed to 
question witnesses and to present witnesses and evidence on their own 
behalf. Because appointed attorneys received little compensation, the 
quality of legal representation for indigent clients often was poor. 
The Bar Association and some voluntary organizations, such as the 
Cameroonian Association of Female Jurists, offered free assistance in 
some cases. The Project for the Improvement of Conditions of Detention 
to engage lawyers to work on prison cases continued. Trials normally 
were public, except in cases with political overtones and cases judged 
disruptive to social peace.
    On July 2, the Yaounde High Instance Court ruled in favor of 
Innocent Belinga, who had been held without formal charge since his 
arrest in 2000. The court ordered the state treasury to pay Belinga's 
legal fees.
    Political bias often stopped trials or resulted in an extremely 
long process, with extended court recesses. Powerful political or 
business interests enjoyed virtual immunity from prosecution; some 
politically sensitive cases were settled with a payoff.
    Military tribunals may exercise jurisdiction over civilians when 
the President declares martial law and in cases involving civil unrest 
or organized armed violence. Military tribunals also have jurisdiction 
over gang crimes, banditry, and highway robbery. The Government 
interpreted these guidelines broadly and sometimes used military courts 
to try matters concerning dissident groups and political opponents. 
Military trials often were subject to irregularities and political 
influence.
    The Government held political prisoners, including SCNC activists 
and other Anglophones; however, there was no reliable estimate of the 
number being held at year's end. The Government permitted international 
humanitarian organizations to access political prisoners; during the 
year, the International Federation of Human Rights visited political 
prisoners in several prisons.
    In October 2003, the Supreme Court upheld the 1999 ruling of a 
lower court that convicted Titus Edzoa, former Minister of Health and 
long-time presidential aide who opposed President Biya in the 1997 
election, on charges of embezzlement of public funds with Michel 
Thierry Atangana, his campaign manager, and sentenced Edzoa to a prison 
term. He was ordered to pay a substantial fine and incarcerated at the 
maximum-security Gendarmerie headquarters, with very limited access to 
visitors; Edzoa and Atangana were arrested prior to the 1997 election.

    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 without warrants, at times involving forced entry 
into homes in search of suspected criminals or stolen or illegal goods. 
Although there were fewer sweeps during the year than in the previous 
year, these sweeps continued to occur in Yaounde and Douala. Typically, 
security forces sealed off a neighborhood, systematically searched 
homes, arrested persons arbitrarily, and seized suspicious or illegal 
articles. There were credible reports that security forces used such 
sweeps as a pretext to loot homes and arbitrarily arrest persons for 
minor offenses, such as not possessing identity cards (see Section 
1.c.). For example, on January 14, the Douala police conducted sweeps 
in the Douala neighborhoods of Nkomondo, Bata-Cogo, and Bonibong. 
During this operation, police reportedly arrested 50 individuals, 
including 6 undocumented foreigners; by year's end, all those arrested 
were released after paying fines. Police also reportedly seized 
motorcycles and electronics during the sweeps. The Douala police 
conducted another series of sweeps in late September in Ndokoti, Akwa, 
Deido, and Bonaberi, all neighborhoods in and around Douala.
    During the year, the Ministry of Towns indicated that the houses 
the Government destroyed prior to the 2001 France-Africa Summit were 
illegally built on state land and that their owners were not entitled 
to compensation. The Government continued to prevent persons from 
reoccupying the site from which they were removed.
    There continued to be accusations, particularly in the North and 
Far North Provinces, that traditional chiefs arbitrarily evicted 
persons from their land.
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 restrict these rights in practice. The Government sometimes invoked 
strong libel laws to silence criticism of the Government and officials. 
Journalists, particularly broadcast journalists, often practiced self-
censorship as a result of significant government intimidation and 
harassment.
    The Government published one of the country's few daily newspapers, 
the Cameroon Tribune. It did not report extensively on protests or 
political parties critical of the Government, overtly criticize the 
ruling party, or portray government programs in an unfavorable light.
    During the year, approximately 200 privately owned newspapers were 
published; however, only an estimated 20, including Mutations, a 
privately owned daily newspaper, were published on a regular basis. 
Newspapers were distributed primarily in urban areas, and most 
continued to criticize the Government and report on controversial 
issues, including corruption, human rights abuses, and economic 
policies. However, the Government used criminal libel laws to inhibit 
the press, and during the year, laws concerning the propagation of 
false information were also criminalized.
    The publication, distribution, and sale of La Tribune de l'Est, a 
private newspaper highly critical of the Government, was no longer 
banned. During the year, the newspaper faced no harassment by the 
Government.
    Despite the large number of private newspapers in the country, the 
influence of print media was minimal. Distribution was problematic 
outside of major towns, and prices of independent newspapers were high, 
due largely to high government taxes on newsprint; however, during the 
year, the Government established a special fund to support the 
development of the press, particularly newspapers, and funds were 
dispersed to some private newspapers and radio stations during the 
year. According to media reports, funding was awarded very selectively, 
and some media outfits, such as Mutations and Radio Reine, refused to 
apply for funds because of the lack of accountability measures for the 
disbursement of funds. In addition, government control of newspaper 
warehouses allowed the seizure of controversial editions of certain 
newspapers prior to distribution. For example, the Government seized 
two editions of Mutations and one edition of Insight magazine because 
of controversial articles.
    The Government tightly controlled the broadcast media. Radio 
remained the most important medium reaching most citizens. There were 
approximately 20 privately owned radio stations operating in the 
country. The state-owned Cameroon Radio Television (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 to finance CRTV programming, which 
allowed CRTV a distinct advantage over independent broadcasters.
    Non-profit rural radio stations were required to submit an 
application to broadcast but were exempt from paying licensing fees. 
Potential commercial radio and television broadcasters must submit a 
licensing application and pay an application fee when the application 
is submitted. Once the license is issued, stations must then pay a 
licensing fee. The annual licensing fees potentially were prohibitive. 
Between 1999 and year's end, the Ministry of Communication received 
more than 100 applications from potential broadcasters; however, no 
licenses had been issued to any private radio or TV stations by year's 
end. In many cases, the Government allowed stations to operate while 
their licensing applications were pending, although the legal status of 
stations established before 2000 was not well defined and appeared to 
be illegal.
    Although the Communications Ministry had not responded to station 
requests for licenses since 2000, the Government issued a December 2003 
ultimatum to the many stations that were operating illegally, stating 
that they would have to submit the proper paperwork or close down by 
December 31, 2003. Between December 2003 and January, 12 stations 
stopped broadcasting during a 3-week period to bring their licensing 
applications up to date. Most of these stations, including some that 
were critical of the Government, resumed broadcasting in January and 
continued to broadcast at year's end. Although the Government did not 
forcibly close any stations, it refused to register several stations 
that did not submit what the Government deemed to be appropriate 
applications, and those stations closed on their own initiative.
    There were several low-power, rural community radio stations with 
extremely limited broadcast range that were funded by the U.N. 
Educational, Scientific, and Cultural Organization (UNESCO) and foreign 
countries. These stations, which broadcast programs on education, 
health, the environment, and development 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), Radio France 
International, and Voice of America broadcast in partnership with 
state-owned CRTV. During the year, the Government continued to allow 
the reception of international cable and satellite television 
broadcasts.
    Television was less pervasive but more influential than print 
media. The five independent television stations largely avoided 
criticizing the Government and generally relayed government information 
to the public. Unlike in the previous year, there were no reports that 
the Government controlled private television stations Canal 2 or RTA by 
monitoring content to ensure compliance with an approved format; in 
addition, the stations were no longer under a suspension that had been 
imposed by the Center Province Government in 2003.
    Like the Cameroon Tribune, CRTV provided broad reporting of CPDM 
activities, while giving relatively little attention to the political 
opposition. During the year, CRTV management continued to repeatedly 
instruct CRTV staff to ensure that government views prevailed at all 
times. Prior to and following the campaign period, 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 opposition party, 
the SDF, by occasionally censoring and significantly shortening 
proposed SDF programming.
    During the presidential campaign period, the Ministry of 
Communications made some efforts to provide equal airtime on CRTV for 
presidential candidates to discuss their positions. Most candidates 
took advantage of this offer; however, three candidates failed to 
submit material for broadcast. The evening news and other reports 
continued to focus on the incumbent and the ruling political party. As 
a result, the incumbent received considerably more coverage than any 
other candidate.
    Security forces continued to restrict press freedom by arresting, 
detaining, physically abusing, threatening, and otherwise harassing 
print-media journalists. On May 18, the Mobile Intervention Unit of the 
Douala police prevented Jean Celestin Edjangue, a press photographer 
with Le Messager newspaper, from shooting pictures of a protest near 
the French consulate. The police injured Edjangue's wrist as he 
resisted their attempts to seize his camera.
    On July 11, police arrested a BBC journalist and a local journalist 
working temporarily for the BBC in the Bakassi peninsula for alleged 
espionage. The journalists were moved to the coastal town of Limbe 
where they were held for 6 days under police guard in a local hotel. 
They were subsequently released without charge.
    On August 31, police arrested Richard Nde, a reporter of the 
Guardian Post, for libel in the town of Bamenda in Northwest Province 
after he wrote an article in which he claimed that the mayor of Kumbo 
in the Northwest Province had embezzled funds. However, many 
journalists said that he was arrested because his newspaper published a 
number of articles prior to the presidential election that were 
critical of the incumbent. By year's end, Nde had paid $1060 (530 CFA 
francs) to be released from prison, and he continued to report for the 
Guardian Post.
    There was no action against those responsible for the 2003 abuse of 
two employees of Mutations.
    Unlike in the previous year, there were no reports that the 
Government forcibly shut down radio stations; however, during the year, 
the Government forcibly took control of one station and continued to 
refuse registration to another.
    On January 26, the Douala Court of First Instance declared itself 
incompetent to rule on the case of Freedom FM, a Douala-based private 
radio station, which the Government had prohibited from going 
operational in May 2003 on the grounds that the owner had not submitted 
to the Ministry of Communication an application for operation, the name 
of the station, or the types of programs the station would broadcast. 
Freedom FM owner Pius Njawe, who has previously been jailed for 
criticizing the President, claimed he had submitted an application to 
the Ministry under a different station name in 2003 but had 
subsequently informed the Ministry of the name change. In October 2003, 
the Ministry of Communications filed a lawsuit against Njawe for having 
illegally created a radio station. In July, the Government rejected an 
application to broadcast submitted by Freedom FM, and seized the 
station's broadcasting equipment. According to the Ministry of 
Communications, the radio equipment had been donated by a foreign 
government to establish a community radio station, not a private one. 
By year's end, this case was pending in another court while the 
Government continued to prevent the station from broadcasting and 
refused to return the confiscated equipment. In addition, in April 
Njawe filed a case with the African Commission of Human Rights and 
Freedom, which was investigating the case at year's end.
    Radio Oku, which was closed in December 2003 by a Divisional 
Officer (local government official), resumed broadcasting in February. 
In April, the Bui High Court found that the Divisional Officer had 
acted illegally when he closed Radio Oku, temporarily detained four 
members of Radio Oku's board of directors, and placed three other 
members under temporary house arrest. The court ordered the Divisional 
Officer to relinquish Radio Oku equipment and to pay the station 
manager approximately $1,400 (750,000 CFA francs). The Divisional 
Officer appealed the judgment, and on April 16, he reportedly arrested 
the station manager and board chairman. The individuals said they were 
abused during their 2-day detention. On May 30, the Divisional 
Officer's agents reportedly took control of the station, stopped its 
normal programming, and began broadcasting. The Ministry of 
Communications refused to become involved in the case because it 
concerned ongoing litigation. At year's end, the Divisional Officer 
remained in control of the station, and the Divisional Officer's legal 
appeal remained pending.
    During the year, the Government indirectly censored the media and 
candidates for political office by controlling campaign advertising. On 
August 25, in anticipation of the October presidential election, the 
Minister of Communication granted itself extensive control over the 
content and format of all campaign material. The restrictions on 
campaign material significantly impeded the amount of advertising and 
advertising revenues that the print media was able to obtain during the 
campaign. In addition, the ruling CPDM party used its influence in CRTV 
radio and television to broadcast special programs, which gave the 
party additional time to campaign. Requirements that all political 
advertising be directed to media authorized by the Ministry of 
Communication meant that most advertising and advertising revenues were 
obtained by CRTV, the only fully authorized TV or radio network in the 
country.
    Unlike in the previous year, there were no reports that the 
Government seized print runs of private newspapers or interfered with 
private newspaper distribution.
    The Government prosecuted its critics in the print media through 
criminal libel laws. These laws authorized the Government, at its 
discretion and the request of the plaintiff, to criminalize a civil 
libel suit or to initiate a criminal libel suit in cases of alleged 
libel against the President and other high government officials; such 
crimes are punishable by prison terms and heavy fines. Criminal 
penalties for speech-related offenses resulted in the practice of self-
censorship by some journalists.
    For example, in July, a court convicted Eric Wirkwa Tayu, the 
publisher of the small private newspaper Nso Voice based in Kumbo, of 
defaming Kumbo's mayor, Donatus Njong Fonyuy. The defamation charge 
reportedly resulted from articles in Nso Voice alleging that the mayor 
was guilty of corruption. The court sentenced Tayu to 5 months in 
prison and ordered him to pay a fine of $600 (300,000 CFA francs). It 
was not known whether Tayu was able to pay the fine or if he had been 
released by year's end.
    During the year, the Ministry of Communication established a number 
of new organizations related to the media. On April 30, the Minister of 
Communication created the Central Office for Press Relations (BCRP) to 
facilitate the press' access to certain government information (see 
Section 3).
    On September 22, the President appointed members to the long-
dormant National Communication Council, which was designed to serve as 
an advisory body on government regulation of the communications sector. 
The Council began operating during the year, and in its post-
presidential election report, it criticized the imbalance of CRTV's 
coverage of the campaign, which it said discriminated against 
opposition parties.
    During the year, there were reports that the Government attempted 
to monitor the Internet. In June, following rumors published on the 
Internet that President Biya had died, the Minister of Communication 
established an Internet regulatory taskforce to identify sources of 
information on the Internet. There were no reports that the taskforce 
was active during the year. There were no reports that the Government 
restricted access to the Internet.
    Although there were no legal restrictions on academic freedom, 
state security informants operated on university campuses. Professors 
said that participation in opposition political parties could affect 
adversely their professional opportunities and advancement. During the 
year, free political discussion at Yaounde's universities was hindered 
by armed government security forces who harassed some students.

    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 
the law implicitly authorized the Government to grant or deny 
permission for public assembly. Consequently, the Government often did 
not grant permits for assemblies organized by persons or groups 
critical of the Government and repeatedly used force to suppress public 
assemblies for which it had not issued permits.
    On numerous occasions throughout the year, authorities refused to 
grant permission to political groups seeking to hold rallies and 
meetings. For example, on October 22, the Prefect of the Wouri Division 
in Douala announced that he would not authorize any political rallies 
because he feared social unrest following the October 11 presidential 
election. He lifted the ban on October 25, shortly after President Biya 
was officially declared to have won the election.
    Security forces forcibly disrupted the meetings and rallies of 
trade unions and opposition parties throughout the year; however, 
unlike in the previous year, no deaths resulted from the police's use 
of excessive force to disperse demonstrations. For example, on January 
12, authorities prevented members of the Front of Alternative Forces 
(FFA), an opposition coalition, from holding a rally in the Douala 
neighborhood of Bonanjo and arrested and detained for 6 hours 11 FFA 
members. On April 2, a gendarmes detachment was deployed in Douala to 
prevent a political rally organized by the Movement for Democracy and 
Independence, an opposition political group, despite the fact that the 
group had received authorization to hold the rally.
    On May 22, security forces prevented members of the National 
Coalition for Reconciliation and Reconstruction (CNRR), an opposition 
group, from entering the municipal stadium in Ebolowa in the South 
Province, where an opposition political rally had been scheduled to 
take place.
    In July, members of the CNRR tried to hold weekly rallies in 
Yaounde to call for the computerization of the voter registration 
process. Although the Government refused to provide permits for these 
rallies, the protestors continued to march. On July 6, gendarmes 
injured some protesters, including an SDF Parliamentarian, when they 
used excessive force to detain a group of protestors on the street for 
several hours. On August 3, a similar event occurred and lasted for 
more than 3 hours, although no injuries were reported.
    On August 19, Douala security forces prevented Jean-Jacques Ekindi 
and members of the FFA from holding a rally in the Douala neighborhood, 
Akwa. Police arrested and briefly detained five members of the FFA.
    On October 21, authorities in Yaounde prevented a press conference 
at the opposition SDF headquarters from taking place by denying 
journalists entry to the site.
    A few days prior to October 1, a traditional day of protest for 
Anglophones, there were reports that police in Bamenda arrested four 
SCNC activists. The individuals were reportedly held for a few days and 
released without charge.
    During the year, the Prefect of Mfoundi lifted a ban he had invoked 
in 2003 to prevent the National Alliance for Democracy, an opposition 
party, from holding meetings.
    During the year, authorities released five protesters arrested 
during a protest in September 2003.
    No action reportedly was taken against the members of the security 
forces who forcibly dispersed demonstrations in 2003 or 2002.
    The law provides for freedom of association, and the Government 
limited this right in practice. The 2002 ban on the SCNC remained in 
effect. At year's end, the Prefect of Douala's Wouri Division continued 
to maintain a June 2003 ban on all activities of the FFA; the Prefect 
said that the group was disorderly and had not applied for legal 
status.
    The conditions for government recognition of a political party, a 
prerequisite for many political activities, were not onerous. More than 
180 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 a few exceptions.
    Religious groups must be approved and registered with the Ministry 
of Territorial Administration and Decentralization to function legally; 
there were no reports that the Government refused to register any 
group. The approval process usually took several years, due primarily 
to administrative delays. 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.
    On January 7, the Judicial Police arrested Michel Atanga Effa and 
Gervais Balla as suspects in the 2003 killing of Brother Anton Probst, 
a German missionary working in the Center Province. The two men 
remained in custody awaiting formal charges at year's end.
    In May, a traditional village ruler, or Fon, beat and fined Pastor 
Alombah Godlove for providing a Christian burial for a village elder in 
accordance with the deceased's will. The Fon said that the elder, who 
was also a member of a traditional religious secret society, should 
have been buried with traditional rites. At year's end, no legal action 
had been brought in this case; however, the case was being investigated 
by the NCHRF.
    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.
    Discrimination in the northern provinces, especially in rural 
areas, by Muslims against Christians and persons who practiced 
traditional indigenous religions remained strong and widespread.
    For a more detailed discussion, see the 2004 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 proliferated 
in cities and most highways, making road travel both time-consuming and 
costly. 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 killed at least one 
person they thought was evading a checkpoint (see Section 1.a.).
    There were credible reports that police arrested and beat 
individuals who failed to carry their identification cards (see 
Sections 1.c. and 1.f.).
    The law prohibits forced exile, and the Government did not use it; 
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. For 
example, on July 17, Anna Ndep Takem, an activist for the SCNC 
reportedly fled the country after learning that authorities were 
planning to arrest her for providing food and assistance to detained 
SCNC activists in the Yaounde Central Prison.
    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 or its 1967 Protocol, and the Government has established a 
system of providing protection to refugees. In practice, the Government 
provided protection against refoulement, the return of persons to a 
country where they feared persecution, and granted refugee status or 
asylum. The Government cooperated with the office of the U.N. High 
Commissioner for Refugees (UNHCR) and other humanitarian organizations 
in assisting refugees. At year's end, the UNHCR estimated that the 
country provided temporary protection to approximately 60,000 refugees, 
the majority of whom were Chadian and Nigerian, in addition to 6,000 
asylum seekers.
    The Government also provided protection to certain individuals who 
may not qualify as refugees under the 1951 Convention or its 1967 
Protocol.
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 and electoral intimidation, manipulation, and 
fraud severely limited the ability of citizens to exercise this right.
    On October 11, President Biya, who has controlled the Government 
since 1982, was re-elected with approximately 70 percent of the vote in 
an election widely viewed as freer and fairer than previous elections; 
however, the election was poorly managed and marred by irregularities. 
Some observers said progress had been made and called the election 
transparent; others, such as the Commonwealth Observer Group, stated 
that the election lacked credibility. One domestic group described the 
election as a masquerade.
    Opposition candidates participated in the electoral process, and 
the election environment was largely calm and peaceful. However, 
domestic and international observers witnessed a number of electoral 
irregularities, particularly with regard to the registration process, 
methods of identifying voters, the distribution of sufficient ballot 
papers, and the poor quality of the ink used to identify persons who 
had already voted. Such irregularities appeared to have led to high 
levels of voter confusion and apathy. There were also widespread 
allegations of multiple voting by individuals close to President Biya's 
party. Following the election, opposition candidates accused the 
Government of massive vote rigging and appealed (unsuccessfully) to the 
Constitutional Council for the election to be annulled. The Council 
ruled against the opposition candidates, either because they had 
insufficient evidence to sustain their appeals, or because they had 
filed their complaints incorrectly.
    During the year, the Government continued to gradually implement a 
revised constitution enacted in 1996; the 1972 Constitution remained in 
force in areas where the 1996 revisions had not yet been implemented. 
For example, the 1996 Constitution's provision extending the 
presidential term from 5 to 7 years and permitting President Biya to 
run for another term was in effect; however, the composition of the 
National Assembly, an elected body, still was being determined by the 
1972 Constitution. Since 1991, only government bills proposed by the 
Presidency have been enacted by the National Assembly; however, in 
April, the National Assembly agreed to consider a bill submitted by the 
leading opposition party. Only parties with representatives in the 
National Assembly can submit bills for consideration.
    The President's control over the country's administrative apparatus 
was extensive. The President appoints all Ministers, including the 
Prime Minister, and on December 8, the President appointed a new 
Cabinet. The President also directly appoints the governors of each of 
the 10 provinces. The governors, in turn, have considerable power in 
the electoral process to interpret and implement 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 have 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 order the detention of 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. 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 April, the National Assembly passed legislation that is expected 
to give popularly elected local councils control over many local 
government issues. The first election for these decentralized bodies is 
not scheduled to take place until 2007.
    On April 21, the President signed a law establishing the 
Constitutional Council, which will rule on laws, ensure the fairness of 
elections, and proclaim the results of elections. The Supreme Court 
acted as the Constitutional Council during the October 11 presidential 
election, and by year's end, the members of the Council had not yet 
been appointed by the President.
    On June 13, municipal by-elections were held in five of the six 
districts where the Supreme Court had annulled the 2002 election 
results. Observers reported that the election was free but not 
completely fair; limited improvements were made in comparison to the 
2002 election, but many witnessed irregularities including multiple 
voting, candidates working at polling stations, and extensive 
campaigning on election day at polling stations. The CPDM won in five 
of the six districts and maintained its strong majority in the National 
Assembly. During the campaign, there were some hostile encounters 
between members of the ruling CPDM party and the opposition SDF party, 
and security forces took action to prevent violence.
    The 2002 legislative and municipal elections, which were dominated 
by the CPDM, largely reflected the will of the people; however, there 
were widespread irregularities.
    There were more than 180 registered political parties in the 
country; however, less than 10 were significant, and only 5 had seats 
in the National Assembly. The ruling CPDM held an absolute majority in 
the National Assembly; opposition parties included the SDF, based in 
the Anglophone provinces and the largest of the opposition parties, the 
National Union for Democracy and Progress, the Cameroon Democratic 
Union, and the Union of the Peoples of Cameroon.
    Corruption remained a serious problem in all branches of 
Government. The public perception was that judicial and administrative 
officials were open to bribes in almost all situations. According to a 
corruption survey taken by Transparency International during the year, 
more than 50 percent of persons surveyed in the country reported that 
they or members in their household had paid a bribe in the past 12 
months.
    During the year, local and international activists continued to 
criticize the Government's lack of transparency in managing revenues 
from an international oil pipeline.
    During the year, the Government took a few steps to fight 
corruption. For example, on September 24, President Biya established a 
code for awarding public contracts in a more transparent manner. The 
code specifies rules for the awarding, execution, and oversight of 
public contracts; by year's end, the code had taken effect and 
authorities reportedly were enforcing it. There was a National 
Corruption Observatory to combat corruption within the Government at 
all levels; however, it was severely under-funded, and there were no 
publicized prosecutions of corrupt government officials during the 
year. In addition, in December, the Government announced new rules 
intended to make civil servants more accountable, including a 
disciplinary process that allows for termination of corrupt employees.
    There were no laws providing citizens with access to government 
information, and in practice, such access was difficult to obtain. Most 
government documents were not available to the public, including the 
media. However, on April 30, the Minister of Communication created the 
Central Office for Press Relations (BCRP), which is charged with 
indiscriminately providing all press organs with official government 
information; however, the Government selects the information that is 
disseminated, and the BCRP was not intended to handle requests for 
information from the general public. By year's end, the Office had 
begun operating administratively.
    Women held 18 of 180 seats in the National Assembly, 6 of 61 
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 Beti/Bulu ethnic group, as were disproportionately 
large numbers of military officers and CPDM officials.
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 local human rights 
NGOs during the year by limiting access to prisoners, refusing to share 
information, and threatening and using violence against personnel. 
Between mid-May and mid-November, police harassed Philip Njaru, a human 
rights activist and Executive Director of the Kumba-based Friends of 
the Press Network, a human rights organization in Southwest Province. 
Njaru had been investigating and disseminating information on the case 
of Bernard Afuh, whom the police burned to death (see Section 1.a.). 
Access by international NGOs to prisons reportedly improved during the 
year (see Section 1.c.). 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 the opportunity to deny authorization to operate or 
eliminate NGOs by decree.
    Numerous domestic human rights NGOs operated in the country, 
including, among others, the National League for Human Rights, the 
Organization for Human Rights and Freedoms, the Association of Women 
Against Violence, and the Cameroonian Association of Female Jurists.
    The Government harassed and arrested NGO members during the year. 
For example, on July 21, gendarmes arrested and detained Joseph Chongsi 
of the Center for Human Rights and Peace Advocacy under false 
pretenses; they alleged that he had not paid a debt. He was released on 
July 23 and received an official apology from the Prison Administrator 
in Bamenda.
    There have been no further developments in the 2003 arrest of 
Abdoulaye Math, who was awaiting trial at year's end.
    During its June/July session, the National Assembly greatly 
expanded the role and powers of the NCHRF. The Commission was granted 
the authority to summon witnesses and to publish their reports and the 
findings of their investigations. While the NCHRF remained hampered by 
a shortage of funds, it 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. In July, the NCHRF organized a 2-day seminar for 
NGOs and government officials to develop a training curriculum on human 
rights for law enforcement, members of the judiciary, and other 
citizens. Although the Commission infrequently criticized the 
Government's human rights abuses publicly, its staff intervened with 
government officials in specific cases of human rights abuses by 
security forces, attempted to stop Friday arrests (see Section 1.d.), 
and sought to obtain medical attention for jailed suspects in specific 
cases.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    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.--The law does not specifically prohibit domestic violence, 
but assault is prohibited and was punishable by prison terms and fines; 
and in practice, domestic violence against women was common. While 
there were no reliable statistics on violence against women, a large 
number of newspaper reports indicated that the phenomenon was 
widespread. 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.
    The law prohibits rape, and although rape occurred, police and the 
courts investigated and prosecuted cases of rape, which resulted in 
some convictions during the year. Official and private media regularly 
covered rape cases handled by the courts during the year.
    The law does not prohibit female genital mutilation (FGM), and FGM 
was not practiced widely; however, it continued to be practiced in 
isolated areas 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 pre-adolescent 
girls. During the year, the Government did not conduct programs to 
educate the population about the harmful consequences of FGM or 
prosecute any persons who allegedly performed FGM; however, the 
Association of Women Against Violence continued to conduct a program in 
Maroua to assist 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. 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; a husband also 
may 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.
    Customary law 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. 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. 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 
husband's brothers. If she refused, 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.
    On May 24, religious leaders, including Catholics, Protestants, and 
Muslims, launched a nation-wide program to fight violence against 
women.

    Children.--During the year, the Government made some efforts to 
protect children's rights and welfare, including participation in 
seminars on children's rights. The Constitution provides for a child's 
right to education, and schooling was mandatory through the age of 14 
years. Since parents had to pay uniform and book fees for primary 
school, and because tuition and other fees for secondary education 
remained costly, education largely was unaffordable for many children. 
The Government took measures during the year to improve access to 
schools. On April 19, the Minister of National Education launched 
``Education-For All Week'' to prioritize education for girls.
    According to statistics from the Ministry, 72.2 percent of girls 
between the ages of 6 and 14 were enrolled in school, compared with 
81.3 percent for boys of the same age group. The low education rate 
continued to be attributed to socio-cultural prejudices, early 
marriage, sexual harassment, unwanted pregnancy, and domestic chores.
    On October 29, the Minister of Education and the Minister of Youth 
and Sports presented the results of a study on the country's education 
system. The study revealed a large disparity between the number of 
potential students and the capacity of the schools. According to the 
report, pre-schools served only 16 percent of all possible students. 
Within the entire school system, the northern provinces were the most 
underprivileged, with only 5.7 percent of all teachers working in the 
Adamawa, North, and Extreme North Provinces combined. The capacity of 
the schools was also inadequate. The study showed that elementary 
schools only had enough seats for 1.8 million students, although 2.9 
million attended school. Another government report indicated that of 
560 high schools throughout the country, only 33 schools had at least 
50 percent of their students pass the baccalaureate exam.
    Although illegal, in practice, girls continued to suffer from 
discrimination with respect 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, 
children's rights organizations targeted the problem. Newspaper reports 
often cited children as victims of kidnapping, mutilation, and even 
infanticide. There were several credible stories of mothers (usually 
young, unemployed, and unmarried) abandoning their newborns in streets, 
garbage cans, and pit toilets.
    Despite the law that fixes a minimum age of 15 years for a bride, 
many families facilitated the marriage of young girls by the age of 12 
years. Early marriage was prevalent in the northern provinces of 
Adamawa and the North, but it was especially characteristic of the 
remote Far North Province, where many young women faced severe health 
risks from pregnancies as early as 13 years of age.
    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 5, Trafficking).
    Child labor remained a problem (see Section 6.d.).
    Although exact numbers were unavailable, the country had a 
significant number of displaced or street children, most of whom 
resided in urban areas such as Yaounde and Douala.

    Trafficking in Persons.--The law does not specifically prohibit 
trafficking in persons, but the law does prohibit slavery, 
prostitution, forced labor, minimum age requirements for workers, and 
other crimes related to trafficking in persons, and trafficking 
remained a problem. Courts have prosecuted traffickers using various 
provisions of the Penal Code that address related crimes. The country 
was a source, transit, and destination point for internationally 
trafficked persons; trafficking also occurred within the country.
    The law provides that any person who engages in crimes often 
associated with trafficking in persons shall be punished by 10 to 20 
years of imprisonment. In May 2003, four individuals were arrested for 
their involvement in trafficking six children from the town of Obala to 
Yaounde. One of these individuals was convicted and sentenced to 8 
years in prison. There was no information about the other three 
individuals who were arrested. In mid-2003, there were unconfirmed 
reports that police intervened to protect 12 victims of child 
trafficking in the North Province, but no traffickers were arrested in 
relation to that case. On April 21, President Biya ratified three anti-
trafficking conventions, including the Protocol to Prevent, Suppress 
and Punish Trafficking in Persons, Especially Women and Children, 
Supplementing the United Nations Convention Against Transnational 
Organized Crime.
    The Ministry of Labor, Employment, and Social Insurance was 
primarily responsible for fighting trafficking; however, the Ministry 
was severely underfunded. It was believed that authorities prosecuted 
several trafficking cases during the year, but actual rates were 
difficult to determine since traffickers could be prosecuted under 
various sections of the penal code and there was no system for tracking 
outcomes. The Government continued to fight trafficking through the use 
of an interagency committee and a program to find and return trafficked 
children. In addition, the Government cooperated with Gabon, Nigeria, 
Togo and Benin in fighting trafficking, through the exchange of 
information and preparation of common legislation on trafficking.
    Women and children traditionally have faced the greatest risk of 
trafficking and have been trafficked most often for the purposes of 
sexual exploitation and forced labor. Most trafficking in children 
occurred within the country's borders, while most trafficked women were 
transported out of the country. According to anecdotal evidence by the 
NCHRF, women often 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. Girls were internally 
trafficked from the Adamawa, North, the Far North provinces, and from 
the Northwest Province to Douala and Yaounde to work as domestic 
servants, street vendors, or prostitutes. Children were also internally 
trafficked to work on cocoa bean plantations. There have been credible 
reports of slavery, particularly in the Rey Bouba Division of North 
Province, inside the closely guarded compound of a local chieftain, 
where authorities were unable to assert control. Parents sometimes 
offered their young daughters to the Lamido of the North Province of 
the Rey Bouba as gifts.
    During the year, human rights organizations in Bamenda in the 
Northwest Province reported the existence of radio ads offering to take 
adolescent girls between the ages of 10 and 17 to Yaounde and Douala 
for domestic labor. The organization offered to pay transportation and 
a finder's fee to persons who recruited children for domestic labor.
    A 2000 International Labor Organization (ILO) study conducted in 
Yaounde, Douala, and Bamenda, revealed that trafficking accounted for 
84 percent of child laborers. 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 
$12 (6,000 CFA francs) before transporting the child to a city where 
the intermediary would subject the child to forced labor with little 
remuneration. In 4 out of 10 cases, the child was a foreigner 
transported to the country for labor. The report also indicated that 
the country was a transit country for regional traffickers, who 
transported 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.
    The Institute for Socio-Anthropologic Research (IRSA) of the 
Yaounde-based Catholic University of Central Africa continued an ILO-
sponsored Exploratory Study on Child Trafficking during the year.
    During the year, the ILO and the Government continued to support an 
awareness campaign to eradicate child trafficking in airports. Special 
anti-trafficking embarkation/disembarkation cards continued to be 
designed and distributed. The cards described the dangers of 
trafficking and how to recognize the phenomenon.
    The Government continued to work with local and international NGOs 
to provide temporary shelter and assistance to victims of trafficking. 
The Catholic Relief Service worked to combat corruption in local 
schools that led to child prostitution.
    On June 10, the Cameroon Red Cross and an Austrian NGO, SOS 
Kinderdorf, signed a convention to protect impoverished children who 
were at the greatest risk of being trafficked or being involved in the 
worst forms of child labor. UNICEF was also actively engaged in 
combating girls' prostitution throughout the year.

    Persons with Disabilities.--The law provides certain rights to 
persons with disabilities, including access to public institutions, 
medical treatment, and education, and 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 honored these 
obligations. There were few facilities for persons with disabilities 
and little public assistance; lack of facilities and care for persons 
with mental disabilities particularly was acute. Society largely tended 
to treat those with disabilities as outcasts, 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.
    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 Beti/Bulu ethnic group from southern 
parts of the country held key positions and were disproportionately 
represented in government, civil service, state-owned businesses, the 
security forces, and the ruling CPDM party.
    The M'Bororo, a semi-nomadic Fulani people whose main economic 
activity is cattle raising, were given rights over pastoral land in the 
Northwest Province by the British colonial government; however, in 
1986, Alhadji Baba Ahmadou Danpullo, a prominent businessman and member 
of the ruling party, established a commercial ranch in Ndawara, 
Northwest Province. During the year, the M'Bororo continued to claim 
that over 18 years, Danpullo has forcibly displaced them, seized their 
land, cattle, and women, and used his money and influence with the 
Government to order the beating and false imprisonment of members of 
the M'Bororo. On March 23, a Bamenda Court of Appeals ordered the 
release of three of the four M'Bororo youths arrested by Bamenda police 
in 2002, Adamu Issa, Yunussa Bagoji, and Haman Usmanu. The fourth 
individual had unsuccessfully attempted to escape prior to the Court's 
ruling and remained in detention at year's end. A special government 
commission of inquiry had reportedly finished hearing testimony and 
completed its research but had not released the results of its 
investigation by year's end.
    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. During 
the year, isolated cases of slavery were reported, largely Fulani 
enslavement of Kirdi.
    Natives of the North West and South West Provinces have tended to 
support the opposition party SDF and have suffered disproportionately 
from human rights violations committed by the Government and its 
security forces. The Anglophone community has been 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. Some 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. During the year, security forces harassed and arrested the 
participants of SCNC meetings (see Section 1.d.). The Government also 
continued to hold some SCNC activists or suspected SCNC supporters in 
temporary detention without charge. 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.
    Some members of the country's large community of Nigerian 
immigrants complained of discrimination and abuse by government 
officials (see Section 1.c.). Government officials repeatedly have 
announced crackdowns on undocumented Nigerian immigrants, and illegal 
immigrants were subject to harassment on some occasions.

    Indigenous People.--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 known 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. 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 path of the Chad-Cameroon 
pipeline continued to complain that they were not compensated fairly 
for their land. Others alleged that they had 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 to obtain national identity cards, which were required to 
vote in national elections. In early May, Plan International and 
another NGO launched a program to educate Bakas about their political 
rights, which included the construction of a communal radio in the 
region of Abong-Mbang (Upper Nyong Division, East Province). In July, 
the Association of Boumba and Ngoko Divisional Councils conducted a 
campaign through which they were able to issue hundreds of 
identification cards to Bakas in the East Province, thereby allowing 
these individuals to register and vote.

    Other Societal Abuses and Discrimination.--Homosexuality is illegal 
under the penal code, with a possible prison sentence of between 6 
months and 5 years and a possible fine ranging from approximately $38 
to $380 (20,000 to 200,000 CFA francs). While prosecution under this 
law was rare, homosexuals suffered from harassment and extortion by law 
enforcement officials. During the year, there were organizations that 
advocated for the rights of homosexuals, including the Association of 
Justice and Rights for all.
Section 6. Worker Rights
    a. The Right of Association.--The law allows workers to form and 
join trade unions; however, the Government imposed numerous 
restrictions. The law does not permit the creation of a union that 
includes both public and private sector workers, or the creation of a 
union that includes different, even closely related sectors.
    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. The law provides for prison 
sentences and fines for workers who form a union and carry out union 
activities without registration. Government officials said 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 register. In addition, the requirement for union 
registration contradicts ILO Convention 87, which states that unions 
have the right to exist through declaration and without 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 no 
force or effect because the presidency had not issued implementing 
decrees.
    The law prohibits anti-union 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 did not report any 
complaints of such discrimination during the year, although there have 
been credible press reports of union leader harassment.
    Unlike in the previous year, the Government did not arrest union 
leaders. There were no new developments in the 2003 arrest of railroad 
union president Benoit Essiga and his six colleagues.

    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, and formal collective bargaining negotiations 
took place during the year. There are no export processing zones.
    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 then ignored by the Government.
    On August 25, the Minister of Employment, Labor, and Social 
Insurance signed a collective bargaining agreement with the building 
constructions and public works sector. This agreement was the result of 
consultations between the employers' association, worker unions, and 
the Government.
    The Labor Code explicitly recognizes workers' right to strike but 
only after mandatory arbitration, and workers exercised this right 
during the year. Arbitration decisions were not enforceable by law and 
could be overturned or simply ignored by the Government or employers. 
The provision of the law allowing persons to strike does not apply to 
civil servants, employees of the penitentiary system, or workers 
responsible for national security. Instead of strikes, civil servants 
were required to negotiate grievances directly with the minister of the 
appropriate department in addition to the Minister of Labor.
    The law provides for the protection of workers engaged in legal 
strikes and prohibits retribution against them, and in practice, these 
elements of the law were respected.
    Since May 2003, workers of the National Agency for Support to 
Forestry Development began a strike, demanding salary payments 7 months 
in arrears. In November 2003, the strike was suspended but resumed on 
March 17. The 650 workers occupied the compound of the company, and 
occasionally erected roadblocks on the road leading to their working 
place. On May 5, the Government paid the 7 months of salary arrears, 
and at the same time terminated the contracts of all workers. An ad hoc 
committee was put in place to study the modalities for the payment of 
workers' severance dues. The question of which workers, if any, would 
be hired back remained unresolved at year's end.

    c. Prohibition of Forced or Compulsory Labor.--The law prohibits 
forced or compulsory labor; however, it occurred in practice. 
Authorities continued to allow prison inmates to be contracted out to 
private employers or used as communal labor for municipal public works.
    There were isolated reports that slavery continued to be practiced 
in northern parts of the country (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, and 
worked on the landowners' farms during harvest seasons without payment 
(see Section 5).
    The Government does not expressly prohibit forced and compulsory 
labor by children, and there were reports that these practices occurred 
(see Section 5).

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
law generally protects children in the fields of labor and education 
and specifies penalties ranging from fines to imprisonment for 
infringement; however, child labor remained a problem.
    The law sets a minimum age of 14 for child employment, bans night 
work, and enumerates tasks that children under the age of 18 cannot 
legally perform. These tasks included moving heavy objects, 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 prohibition 
against night work was not enforced effectively.
    Information on child labor was difficult to obtain; however, 
according to a 2000 study by the ILO and Ministry of Labor, child labor 
existed chiefly in urban areas and in the informal sector such as 
street vending, car washing, agricultural work, and domestic service. 
Many urban street vendors were less than 14 years of age. An increasing 
number of children worked as household help, and some children were 
involved in prostitution. In the north, there were credible reports 
that children from needy homes were placed with other families to do 
household work for pay. In the nation's major cities of Yaounde, 
Douala, and Bamenda, the ILO estimated in 2000 that 40 percent of 
employed children were girls, of whom 7 percent were less than 12 years 
of age, and 60 percent had dropped out of primary school.
    Parents viewed child labor as both a tradition and a rite of 
passage. Relatives often employed rural youth, especially girls, as 
domestic helpers, and these jobs seldom allowed time for the children 
to attend school. In rural areas, many children began work at an early 
age on family farms. The cocoa industry also employed child laborers.
    The Government does not specifically prohibit forced and compulsory 
labor by children, and there were reports that it occurred in practice 
(see Section 5).
    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, the Government did not 
allocate sufficient resources to support an effective inspection 
program. Moreover, the legal prohibitions do not include family chores, 
which in many instances were beyond a child's capacity. During the 
year, the Government employed 58 general labor inspectors to 
investigate child labor cases.
    The ILO/West Africa Cocoa/Agriculture Program to eliminate child 
labor was launched in the country in June 2003. The program's stated 
objective was to remove 1,000 children from hazardous work in the cocoa 
sector over 2 years. According to the project coordinator, by December, 
more than 850 children had been removed from forced labor situations.
    On June 12, the Government, the ILO, and other partners organized 
numerous activities to mark the World Day Against Child Labor, which 
specifically highlighted child domestic labor. Among the activities 
organized were a national media campaign and a soccer match to raise 
awareness of child labor and trafficking.
    On October 22, the Minister of Labor signed an agreement with the 
ILO to allow the ILO to work more effectively to eradicate child labor. 
The agreement established specific contact persons in various 
ministries and agencies involved in antitrafficking activities; it also 
gave the ILO the possibility to freely conduct nationwide 
investigations and cooperate with local organizations of its choice.

    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.

                               __________

                               CAPE VERDE

    Cape Verde is a multiparty parliamentary democracy in which 
constitutional powers are 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 2001, Pires was elected by a 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. Nationwide 
municipal elections held in March also were considered to be free and 
fair. The judiciary generally was independent, but understaffed and 
inefficient.
    Police have primary responsibility for maintaining law and order. 
Civilian authorities maintained effective control of the security 
forces. Some members of the security forces committed isolated human 
rights abuses.
    The country had a market-based economy but little industry and few 
exploitable natural resources. Per capita income during the year was 
estimated at $1,495. The country had a long history of economically 
driven emigration, and remittances from citizens abroad remained an 
important source of income. During the year, locusts and severe drought 
reduced agricultural production, and the country, which generally 
relied heavily on international food aid, produced food for only 15 
percent of its population of approximately 460,000.
    The Government generally respected the human rights of its 
citizens; however, there were problems in some areas. There were 
occasional reports of police abuse, and prison conditions were poor. 
The judicial system was overburdened, and lengthy delays in trials were 
common. Unlike during the previous year, the Government did not 
restrict press freedom; however, there continued to be allegations of 
media self-censorship. Violence and discrimination against women and 
mistreatment of children were serious problems. Child labor occurred.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--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.
    The Government investigated allegations of human rights abuses by 
police; however, these investigations did not result in any legal 
action against the perpetrators.
    Prison conditions were poor, and facilities were severely 
overcrowded. Sanitation and medical assistance were 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 were held separately, juveniles were not 
held separately from adults, and pretrial detainees were not held 
separately from convicted prisoners.
    The Government permitted both formal visits by international human 
rights monitors to prisons and visits to individual prisoners; however, 
there were no such visits during the year. Local nongovernmental 
organizations (NGOs) and media representatives frequently visited the 
prisons and reported on prison conditions.

    d. Arbitrary Arrest or Detention.--The law prohibits arbitrary 
arrest and detention, and the Government generally observed these 
prohibitions.
    The country's police force is organized nationally under the 
Ministry of Justice and is made up of the Public Order Police, which 
are responsible for enforcement, and the Judicial Police, which are 
responsible for investigations. Corruption was not a significant 
problem, and police were subject to legal and disciplinary measures in 
cases of misconduct. Logistical constraints, including lack of 
vehicles, limited communications equipment, and poor forensic capacity, 
limited police effectiveness.
    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 bail system.
    Judicial backlogs resulted in lengthy pretrial detentions, and 
detainees often remained in jail without charge for more than a year. 
The dropping of charges without a court judgment was a frequent means 
for terminating criminal cases.

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary, and the Government generally respected this 
provision in practice; however, the judiciary was understaffed and 
inefficient.
    The judicial system is composed of the Supreme Court and the 
regional courts. Of the five Supreme Court judges, one is appointed by 
the President, one by the National Assembly, and three by the Superior 
Judiciary Council, which is composed 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 is provided for the indigent. Regional courts adjudicate minor 
disputes on the local level in rural areas. The Ministry of Justice 
does not have judicial powers, which are held by the courts. Defendants 
can appeal regional court decisions to the Supreme Court.
    The judiciary generally provided due process; 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 12,055 cases were pending at the 
end of 2003.
    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 freedom of speech; unlike in the previous year, there were no 
reports that the Government restricted freedom of the press. There was 
a substantial and growing independent press; however, there continued 
to be reports of media self-censorship. The Government did not restrict 
academic freedom.
    There were three independent newspapers and one state-owned 
newspaper; six independent radio stations and one state-owned radio 
station; and one state-owned television station and two foreign-owned 
stations. Foreign broadcasts were permitted. Journalists were 
independent of government control and were not required to reveal their 
sources; however, journalists--particularly those associated with the 
government-controlled media--practiced self-censorship.
    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 2002 case, filed against an attorney who had accused a former 
Chief Justice of rigging the 2001 presidential election, remained under 
investigation at year's end.
    The 2002 defamation case filed by the Government against the 
newspaper A Semana remained pending before the Supreme Court at year's 
end; the newspaper had published an article that criticized the 
judiciary.
    Freedom of expression may or may not be used as a defense in cases 
involving defamation or offense to personal honor. Despite the broadly 
interpreted criminal libel laws, no independent media outlets reported 
direct pressure in their daily operations or business activities.
    The Government did not restrict Internet access.

    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.
    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.
    For a more detailed discussion, see the 2004 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.
    The Constitution prohibits forced exile, and the Government did not 
use it.
    The law provides for the granting of asylum or refugee status in 
accordance with the 1951 U.N. Convention Relating to the Status of 
Refugees or its 1967 Protocol, and the Government has established a 
system for providing protection to refugees. In practice, the 
Government provided protection against refoulement, the return of 
persons to a country where they feared persecution. The Government 
granted refugee status or asylum. The Government cooperated with the 
office of the U.N. High Commissioner for Refugees and other 
humanitarian organizations in assisting refugees and asylum seekers.
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 2001, Pedro Verona Rodrigues Pires, former 
president of the PAICV, was elected by a margin of 12 votes over the 
country's former Prime Minister and MPD president, Carlos Veiga. The 
MPD, the principal opposition party, held power from 1991 until 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 2000 and has an absolute majority in the National 
Assembly. In March 21 municipal elections, the MPD increased its number 
of mayors from 7 to 9 out of 17 mayoral districts. The National 
Electoral Commission and the international media judged the 2000 
legislative elections, the 2001 presidential elections, and the March 
municipal elections 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; the 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 Party of Democratic Convergence were the 
main opposition parties.
    The Constitution provides for freedom of access to information 
without limitation, provided that privacy rights are respected; 
however, there were no requests for such information during the year, 
in part because few persons were aware of this right.
    There were 11 women among the elected deputies in the 72-seat 
National Assembly and 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 were three private human rights groups: The National 
Commission of the Rights of Man, the Ze Moniz Association, and the 
Alcides Barros Association.
    The powers of the independent Ombudsman, who serves a 5-year term, 
were defined in July 2003; however, no Ombudsman had been elected by 
year's end.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The Constitution prohibits discrimination based on race, sex, 
religion, disability, language, or social status; however, the 
Government did not enforce these provisions effectively, and not all 
elements of society, particularly women and children, enjoyed full 
protection against discrimination. During the year, the Government 
amended the Penal Code to include sexual crimes and verbal and mental 
abuse towards women and children as punishable acts; however, because 
existing penalties were viewed as too severe, the Government reduced 
the penalties associated with physical and sexual abuse.

    Women.--Domestic violence against women, including wife beating, 
was common. The Government and civil society encouraged women to report 
criminal offenses such as spousal abuse and rape, which was punishable 
by 2 to 13 years' imprisonment; however, longstanding social and 
cultural values inhibited victims from doing so. 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. Nevertheless, reporting of such crimes to 
police continued to increase during the year, and violence against 
women was the subject of extensive public service media coverage in 
both government- and opposition-controlled media.
    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, there was no 
such legislation by year's end. The revised Penal Code protects certain 
rights of the victims of sexual, mental, and verbal 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 inroads in various 
professions, especially in the private sector.
    The Constitution prohibits discrimination against women in 
inheritance, family, and custody matters; however, 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.
    The Women Jurists' Association provided free legal assistance to 
women throughout the country suffering from discrimination, violence, 
and spousal abuse.

    Children.--The Government remained committed to children's rights 
and welfare. The Government provided free, mandatory education for 6 
years of primary school for all children, which normally covered 
children aged 6 to 12. Education was compulsory until age 11; however, 
secondary education was free only for children whose families had an 
annual income below approximately $1,951 (160,000 Cape Verdean 
escudos). According to UNICEF, primary school attendance from 1996 to 
2003 was approximately 98 percent. Attendance rates by boys and girls 
differed by less than 1 percent.
    Students may be suspended from classes during pregnancy or nursing, 
and individual schools were responsible for enforcing the rule; 
however, unlike in the previous year, there were no reports of such 
suspensions.
    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.

    Trafficking in Persons.--The law prohibits trafficking in minor 
persons, and there were no reports that persons were trafficked to, 
from, or within the country. Sentences for trafficking in children 
ranged from 2 to 13 years' imprisonment.

    Persons with Disabilities.--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; however, there was no discrimination against 
persons with disabilities in employment, education, access to health 
care, or in the provision of other state services. Several NGOs, 
including an association for the blind, were active.
Section 6. Worker Rights
    a. The Right of Association.--The Constitution allows workers to 
form and join unions without previous authorization or excessive 
requirements, and workers exercised this right in practice. 
Approximately 22 percent of workers were unionized.

    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, and there were no signed 
collective bargaining agreements during the year. There are no special 
laws or exemptions from regular labor laws in export processing zones.
    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, 
but the Government at times limited this right. In the past, when 
workers attempted 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. The Government 
continued to requisition workers to curtail strikes and to interpret 
essential services in the broadest terms. The Government took measures 
during the year to amend its legislation so that if parties disagreed 
on the minimum services to be provided during strikes, an independent 
body could resolve the dispute; however, the Government had not created 
an independent body to resolve such differences by year's end.

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

    d. Prohibition of Child Labor and Minimum Age for Employment.--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 legal minimum age for employment was 16 years, 
which was inconsistent with the age for completing educational 
requirements (see Section 5). The Ministries of Justice and Labor were 
responsible for enforcing child labor laws; however, such laws were 
seldom enforced.

    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 $146 (12,000 Cape 
Verdean escudos) per month. The majority of jobs paid wages that did 
not provide a worker and family with a decent standard of living; most 
workers relied on second jobs and extended family support.
    The law provides for a maximum workweek for adults of 44 hours, 
prohibits excessive compulsory overtime, and requires that a premium be 
paid for work above the standard workweek. 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.
    The Government has not set occupational health and safety 
standards; however, there is a general provision in the law that 
requires employers to provide a healthy and safe work environment. Few 
industries employed heavy or dangerous equipment, 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.
    There are no provisions to protect illegal foreign workers.

                               __________

                      CENTRAL AFRICAN REPUBLIC\1\
-----------------------------------------------------------------------

    \1\ The American Embassy in Bangui temporarily suspended operations 
on November 2, 2002 in response to security concerns following a 
military coup.
-----------------------------------------------------------------------
    Under a suspended Constitution, the Government of the Central 
African Republic (CAR) is comprised of a strong executive branch and 
weak legislative and judicial branches. In March 2003, a 6-month 
rebellion culminated in a military coup led by former Armed Forces 
Chief of Staff General Francois Bozize, with the assistance of 
demobilized Chadian soldiers and the tacit involvement of active 
Chadian soldiers. The coup deposed then-President Ange-Felix Patasse, 
who had been re-elected in 1999. General Bozize declared himself 
President, suspended the Constitution, and dissolved the National 
Assembly. In 2003, he appointed a Prime Minister; appointed a 
transitional cabinet composed of members of all political parties, 
including the party of deposed President Patasse, and civil society; 
and established a National Transitional Council (CNT), a legislative 
body comprised of 96 representatives from civil society and all 
political parties. During the year, the Government repeatedly affirmed 
its commitment to reinstate democratic governance, and took a series of 
actions in preparation for national elections in 2005. On December 5, 
citizens approved by national referendum a new Constitution, which took 
effect in late December. During the year, pockets of lawlessness 
persisted in parts of the country, and the Government was significantly 
affected by insecurity and the threat of conflict. In April, the 
Government deployed 200 soldiers to fight banditry in the northern and 
northwest provinces, including Kemo and Ouham-Pende. The judiciary was 
subject to executive interference.
    The National Police are under the direction of the Ministry of 
Interior and Public Security, while the military forces and the 
National Gendarmerie are under the jurisdiction of the Ministry of 
Defense; all share responsibility for internal security. Civilian 
authorities did not maintain effective control of the security forces. 
By mid-January, the Government had disbanded the Security Investigation 
Division (SERD), a military intelligence unit that operated as part of 
presidential security services, due to accusations that the SERD 
committed serious human rights abuses during 2003. In December 2003, 
President Bozize signed an order dismissing a number of soldiers from 
the army because of indiscipline; the soldiers named reportedly were 
removed from army lists and sent home. As part of its efforts to 
protect citizens and safeguard property, the Government continued to 
support joint security operations in the capital conducted by the Armed 
Forces, the Central African Economic and Monetary Community (CEMAC) 
force, and French forces. In addition, BONUCA, a U.N. peace-building 
mission in the country, operated during the year. Members of the 
security forces committed numerous serious human rights abuses.
    The economy, already extremely weak because of repeated political-
military troubles and a cycle of coup attempts, was in a state of 
collapse, with approximately 60 percent of the population living at or 
below the poverty line. The economy was partially market based and 
partially government directed, and was dominated by subsistence 
agriculture. Approximately 80 percent of its 3.8 million citizens were 
farmers. Some international donors continued to suspend financial 
assistance during the year. Large-scale looting and vandalism in the 
wake of the coup devastated not only the state infrastructure and 
facilities but also the remaining economic and industrial activity of 
the country. The 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. Misappropriation of 
public funds and corruption in the Government remained widespread. In 
addition, the large number of displaced persons continued to adversely 
affect economic productivity, especially in the agricultural sector, 
during the year. An estimated 13.5 percent HIV/AIDS prevalence rate for 
adults between the ages of 15 and 49 continued to place an increasing 
burden on the country's resources through rising medical expenditures, 
absenteeism from work, labor shortages resulting from morbidity and 
mortality, and training of replacement labor.
    The Government's human rights record remained poor; although there 
were some improvements in a few areas, serious problems remained. 
Citizens did not have the right to change their government peacefully 
during the year; however, the Government took some steps toward 
restoring democratic institutions. Security forces continued to commit 
extrajudicial and other unlawful killings, including government-
tolerated executions of suspected bandits, and impunity remained a 
problem. Security forces continued to torture, beat, and otherwise 
abuse suspects and prisoners. Other abuses included harsh prison 
conditions, arbitrary arrest, prolonged detention without trial, and 
infringements on privacy. The Government restricted freedom of the 
press, although there were some improvements in respect for freedom of 
the press, and at times the Government restricted the freedoms of 
assembly and association. The Government restricted freedom of 
movement. Corruption was a widespread problem. Violence and 
discrimination against women, female genital mutilation (FGM), 
prostitution, trafficking in persons, discrimination against indigenous 
people (Pygmies), and child labor, including instances of forced child 
labor, continued to be problems. Societal violence also remained a 
problem.
    The Government took significant steps to improve human rights 
during the year. In April and May, President Bozize authorized the 
creation of the Joint Independent Electoral Commission (CEMI) and 
appointed members--including several representatives of political 
parties and civil society--to supervise presidential and legislative 
elections. The Government ordered the arrest of some members of the 
security forces, including the head of the presidential security 
forces, for killings. The permanent military tribunal, which had been 
defunct for 8 years until President Bozize convened it in December 
2003, considered cases of human rights abuses by security forces during 
the year. During the year, the Government decriminalizing the country's 
press laws concerning defamation, and journalists reportedly no longer 
practiced self-censorship. The judiciary convicted many high-level 
officials for corruption. Members of civil society served on the CNT 
and actively participated in the drafting of the new Constitution.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        from:

    a. Arbitrary or Unlawful Deprivation of Life.--There were no 
reports that the Government or its agents committed politically 
motivated killings; however, security forces continued to commit 
executions and other extrajudicial killings with impunity throughout 
the year.
    During the year, the special police Squad for the Repression of 
Banditry (OCRB) continued to arbitrarily execute suspected bandits 
without respecting the basic due process rights of the accused, and 
were responsible for other extrajudicial killings and deaths resulting 
from torturing. The OCRB committed such abuses with tacit government 
support and popular approval, partly because the OCRB's actions were 
seen as an effective means of reducing crime. The Government did not 
prosecute OCRB members responsible for killings or other abuses 
committed during the year.
    The presidential security forces also arbitrarily executed citizens 
during the year. For example, on September 6, Lieutenant Celestin Dogo, 
the head of the presidential security forces, tortured and executed two 
men, Alfred Mamadou and Appolinaire Marzanne. Their bodies were found 
on September 16 in Mpoko River, near Bangui. After the case was 
reported by the local media, Lt. Dogo was arrested, and President 
Bozize signed a decree dismissing him from the security forces. Lt. 
Dogo had not been tried by year's end.
    During the year, there were credible reports that security forces 
committed other unlawful killings, some allegedly in connection with 
personal disputes or rivalries.
    The Government arrested some members of security forces who 
allegedly killed persons during the year; however, by year's end, none 
had been convicted. Most cases were still under investigation.
    There were no developments in the following killings in 2003, 
reportedly by security forces: The August killing of a student; the 
September killing of retired Gendarmerie Captain Joseph Koyanao; the 
September killing of a Nigerian trader; or the December executions of 
three boys in Haute Kotto.
    No action was taken against the pro-Bozize combatants, including 
Chadian combatants, or the members of the security forces of then-
President Patasse who killed civilians during and after the March 2003 
coup.
    No action was taken against pro-Bozize combatants responsible for 
killing three CEMAC peacekeepers in March 2003.
    Civilians continued to take vigilante action against presumed 
thieves, poachers, and some persons believed to be Chadian combatants.
    Mobs reportedly continued to kill and injure suspected sorcerers or 
witches during the year.
    No action was taken against vigilantes responsible for killings 
committed in 2003.
    During the year, there were reports that Chadian combatants killed 
civilians. There were some arrests of combatants but no information on 
the number of prosecutions. No additional information was available at 
year's end.
    On April 17, security forces reportedly killed eight 
``Liberators,'' Chadian combatants who had helped the President seize 
power in 2003. Prior to the killings, the Chadian combatants had staged 
violent demonstrations, looted approximately 75 homes in a Bangui 
suburb, and demanded payment from President Bozize for their support 
during the rebellion that allowed him to depose former President 
Patasse. By year's end, no action had been taken against the members of 
security forces allegedly responsible for the killings. During the 
year, the President reportedly paid each Liberator $1,000 (504,000 CFA 
francs) before they ostensibly returned to Chad.
    By year's end, no action had been taken against Movement for the 
Liberation of Congo (MLC) troops from the Democratic Republic of the 
Congo (DRC) who committed numerous killings of civilians prior to the 
March 2003 coup.

    b. Disappearance.--There were no reports of politically motivated 
disappearances during the year. The Government did not conduct 
investigations into the reported disappearances that occurred in 2003.
    Security forces succeeded in freeing some of the cattle herdsmen's 
children kidnapped by cattle raiders in 2003. It was unknown how many 
were released.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Penal Code prohibits torture and specifies sanctions 
for those found guilty of physical abuse; however, there was at least 
one instance of torture by the presidential security forces that 
resulted in death (see Section 1.a.), and police, including the OCRB, 
continued to torture, beat, and otherwise abuse criminal suspects, 
detainees, and prisoners. During the year, the Government did not take 
effective action to punish police who tortured suspects, and impunity 
remained a problem. Family members of victims and human rights groups, 
including the Human Rights League (HRL) Executive Committee, pursued 
court complaints filed in previous years with the prosecutor regarding 
the deaths of several prisoners due to police abuse; however, 
authorities did not take action on any of the cases by year's end. 
During the year, the HRL reported the abuse of civilians by the 
presidential security forces but did not file any court complaints of 
police abuse.
    Police beat persons while forcibly dispersing demonstrators (see 
Section 2.b.).
    On January 2, a member of the presidential guard fired into a crowd 
greeting Monique Bozize, the President's wife, and four persons were 
wounded.
    Members of the armed forces often committed other abuses against 
civilians, including armed robbery and racketeering. During the year, 
although there was an increase in the number of prosecutions of 
security forces for human rights violations, no action generally was 
taken against soldiers involved in robbery or racketeering.
    On July 30, two members of the presidential guard harassed the son 
of the CNT President. On August 3, the CNT issued a press release 
alleging that President Bozize's security forces had committed numerous 
human rights violations.
    In January, the permanent military tribunal sentenced five former 
presidential guards to 5 years' imprisonment for the October 2003 gang-
rape of a woman.
    On August 31, a military tribunal sentenced Benime Elvis, a member 
of the security forces, to 5 years' imprisonment for raping a 16-year-
old girl during the year.
    There were no developments in the alleged August 2003 rape of a 
woman at Camp Beal in Bangui by a member of the military.
    During the year, rebels and mercenaries from Chad continued to 
harass civilians, mostly in the countryside. There were reports that 
the rebels and mercenaries would block the road and steal everything 
from travelers; travelers without money were sometimes beaten.
    During the year, no actions were taken against soldiers loyal to 
the former Patasse government or pro-Bozize fighters who committed 
serious violations of human rights and humanitarian law, including 
widespread looting; rape; abductions resulting in disappearances; 
inhumane, cruel, and degrading treatment; and the recruitment and use 
of children as soldiers prior to and during the March 2003 coup.
    No actions were taken against pro-Patasse MLC troops who reportedly 
committed numerous abuses of civilians, including torture, rape, and 
harassment during 2003.
    Prison conditions were extremely harsh. Prison cells were 
overcrowded, and basic necessities, including food, clothing, and 
medicine, were in short supply and often were confiscated by prison 
officials for their personal use. There were reports that guards 
tortured prisoners and that female inmates were raped. Prisoners 
depended on family members to supplement inadequate prison meals and 
were sometimes allowed to forage for food in areas near the prison. 
Prisoners frequently were forced to perform uncompensated labor at the 
residences of government officials and magistrates. Prison conditions 
outside of Bangui were generally worse, and most of these prisons were 
completely destroyed during the 2003 fighting.
    Male and female prisoners were held in separate facilities in 
Bangui but housed together elsewhere. There were no separate detention 
facilities for juvenile prisoners, who routinely were housed with 
adults and often subjected to physical abuse. Pre-trial detainees were 
not held separately from convicted prisoners.
    The Government permitted prison visits by human rights observers. 
The International Committee for the Red Cross (ICRC) and religious 
groups routinely provided supplies, food, and clothes to prisoners. The 
ICRC had unrestricted access to prisoners. In January, the national 
anti-HIV/AIDS organization conducted HIV/AIDS awareness campaigns among 
prisoners in Bangui police jails.

    d. Arbitrary Arrest or Detention.--The law provides protection 
against arbitrary arrest and detention and accords the right to a 
judicial determination of the legality of detention; however, the 
security forces frequently ignored such provisions, and arbitrary 
arrest and detention were problems.
    Police were not effective, partly as a result of salary arrears 
owed by the Government and a lack of resources. Many citizens lacked 
faith in the police; consequently, mob violence against persons 
suspected of theft and other offences remained a problem (see Section 
1.a.). The Government did not take effective action to punish abusers, 
and impunity remained a problem. During the year, the Central African 
Human Rights League (LCDH) sharply criticized the police and other 
security forces, and it accused the security forces of terrorizing the 
population, killing civilians, and committing armed robbery.
    Judicial warrants are not required for arrest. The law stipulates 
that persons detained in cases other than those involving national 
security must be brought before a magistrate within 96 hours. In 
practice, authorities often did not respect this deadline, in part due 
to inefficient judicial procedures. By law, national security detainees 
are defined as ``those held for crimes against the security of the 
state'' and may be held without charge for up to 2 months; however, in 
practice, persons were held without charge for long periods. The law 
allows detainees to have access to their family and to legal counsel; 
however, in cases involving state security, the Government prohibited 
detainees from consulting legal counsel, pending an investigation. 
Indigent detainees may request a lawyer provided by the Government. 
Detainees are allowed to post bail or have family members post bail for 
them. Lawyers and families generally had free access to detainees.
    Security forces arbitrarily arrested and detained persons during 
the year. For example, on July 26, security forces arrested Dr. Joseph 
Kalite, a former Health Minister under former President Patasse, on 
charges of illegal possession of war arms; at year's end, he remained 
in prison.
    Security forces arrested journalists and demonstrators during the 
year (see Sections 2.a. and 2.b.).
    During the year, a criminal court dropped all charges against 
Colonel Danzoumi Yalo for lack of evidence. Yalo, who was arrested in 
December 2003 for allegedly planning a coup, had resumed duty in the 
army by year's end.
    In December, the Criminal Court discharged General Ferdinand 
Bomayeke, the former chief of the Presidential guard, of charges that 
he committed killings and other abuses in 2003; however, for unknown 
reasons, the prosecutor continued to keep Bombayeke in prison, 
reportedly for political reasons, and he had not been released by 
year's end.
    Prolonged pretrial detention was a serious problem; however, the 
number of pretrial detainees was unknown at year's end. Detainees were 
usually informed of the charges levied against them; however, many 
waited in prison for several months before seeing a judge. Some 
detainees remained in prison for years because of lost files and 
bureaucratic obstacles.
    On March 15, President Bozize pardoned all prisoners convicted of 
misdemeanor offenses. It was unclear how many prisoners benefited from 
the pardon.

    e. Denial of Fair Public Trial.--The suspended Constitution 
provides for an independent judiciary; however, the judiciary remained 
subject to executive interference. Judges are appointed by the 
President. The courts barely functioned due to inefficient 
administration of the courts, a shortage of trained personnel, growing 
salary arrears, and a lack of material resources.
    The judiciary consists of a tribunal of first instance, the court 
of appeal, the cassation court, the High Court of Justice, commercial 
and administrative courts, a military court, and the Constitutional 
Court. The highest court is the Constitutional Court, which determines 
whether laws passed by the National Assembly conform to the 
Constitution. The Constitutional Court also receives appeals 
challenging the constitutionality of a law. Lower courts hear criminal 
and civil cases and send appeals to the Court of Appeals. Military 
courts try only soldiers, not civilians.
    In general trial procedures, if the prosecutor believes there is 
sufficient evidence that an offense has occurred and that the accused 
committed it, he places the accused under an arrest warrant. If there 
is insufficient evidence, the case is dropped. Trials are held 
publicly, and defendants have the right to be present and to consult a 
public defender. Defendants also have the right to question witnesses, 
to present witnesses and evidence on their own behalf, and to have 
access to government-held evidence relevant to their case. Defendants 
are presumed innocent until proven guilty, and if convicted, defendants 
have the right to appeal. The Government generally complied with these 
legal requirements; however, the judiciary did not enforce consistently 
the right to a fair trial, and there were many credible reports of 
corruption within the court system. A number of persons were subjected 
to prolonged detention without trial or were killed summarily and 
extrajudicially (see Section 1.a.).
    During the year, many cases remained pending before the Criminal 
Court.
    On December 7, a Bangui court of appeals acquitted former Prime 
Minister Jean-Edouard Koyambounou of corruption. Koyambounou, who had 
served under former President Patasse, had been detained for 16 months 
at the Ngaragba Prison on charges of embezzling public funds.
    Due to judicial inefficiency, citizens in a number of cities 
established their own courts to deal with cases through parallel 
justice, especially in cases of suspected witchcraf