Bhutan is a
closed society, where the Government of Bhutan virtually controls everything.
Politics and discussion about country's politics is banned. Even viewing of
television was prohibited until 1999. There is no newspaper except one weekly
bulletin owned by the government and the transparency on the government action
is non-existent. The radio, Bhutan Broadcasting Service and newly established
Television station are owned by the government. These agencies are used for
propaganda of the government. They publish and broadcast only what the
government wants the people to read, hear and know.
There is no official guarantee for the protection of citizens'
human rights. The Bhutanese people are not secure and do not enjoy even the
basic human rights. Dissidence and opposition to the Government is treated as
treason. Bhutanese people have been absolutely denied of their fundamental
human rights and they have no Right to Freedom of speech, expression, press
and publication; no right to peaceful assembly and union; no right to choose
and oppose the government; no right to vote and elections; no right to freedom
of religion, worship, observe and practise their religion in community, in
public, or even in private; no right to form unions, associations,
organisations, NGOs and political parties; no right to social and cultural
rights. Bhutanese refugees have no right to return to their country. Bhutan.
Bhutan Government has violated 20 Articles out of the thirty Articles enshrined
in the Universal Declaration of Human Rights. It has not signed major
International Instruments on Human Rights, such as the Covenant on Civil and
Political Rights and Covenant on Economic, Social and Cultural Rights.
Christianity is banned in Bhutan
AMNESTY
INTERNATIONAL COUNTRY REPORT DECEMBER 2000
Amid increased
international attention, there was a breakthrough in negotiations between
Bhutan and Nepal on the right of almost 100,000 Nepali-speaking people in
refugee camps in eastern Nepal to return to Bhutan. Torture by police was
reported. Leaders of political parties in exile were reportedly arrested on
their return.
Background
Finance Minister Yeshi Zimba took office as Chairman to the
Council of Ministers in August. A new system of ''security clearance
certificates'', issued by the Royal Bhutan Police, replaced ''no objection
certificates'' and ''police clearance certificates''. However, there were
continuing concerns that members of the Nepali-speaking community would
continue to face discrimination when applying for such certificates in order
to be able to obtain work, promotion or business licences or to travel
abroad, on the basis that they had contacts with ''anti-nationals'' in
refugee camps in Nepal. As part of strengthening the country's legal
framework, new charge-sheets were introduced on which police must enter the
sections of the law under which a person is to be charged.
Nepali-speaking refugees:
Several high-level
delegations visited the country to discuss with the authorities the plight
of people living in refugee camps in Nepal since the early 1990s. Among them
were US State Department officials who visited in January and December.
After her visit in April, the UN High Commissioner for Refugees reported
that Bhutan was ready to proceed with joint verification of people living in
the camps to determine their eligibility for inclusion in a future voluntary
repatriation program. However, in May the ninth round of ministerial talks
between Bhutan and Nepal failed to reach agreement. Bhutan's position was
that individuals over the age of 18 should be verified individually while
Nepal wanted the unit of verification to be the head of the family. A
compromise formula, put forward by the High Commissioner was initially
rejected by Bhutan. In late December, Nepal and Bhutan finally reached an
agreement on the mechanisms and unit of verification. A joint verification
team - consisting of five officials from each government - was mandated to
first validate the family units and then proceed to verify heads of families
and individual units.
In September the European Parliament passed a resolution calling on ''the
Governments of Bhutan and Nepal, in cooperation with all parties involved,
to reach an agreement which will allow the early and voluntary repatriation
of the refugees to their country of origin''.
Torture
Torture by police was reported. Tul
Man Tamang, a 30-year-old construction worker, was arrested on 27 June on
suspicion of organizing political activities. He was taken to the police
station at Chimakothi in Chhukha district where he was allegedly kicked and
beaten with a cane, leather belt and rifle butt on his back, legs and
buttocks. He was reportedly held incommunicado in a dark cell for three days
before being taken to the police station at Phuntsholing on the border with
India. He was forced to sign a statement saying he was leaving the country
of his own free will and was forcibly exiled to India.
Arrests of politicians
Several
leaders of political parties in exile who returned to Bhutan were arrested.
Some remained held at the end of the year.
N.L. Katwal, a central
committee member of the Bhutan Gorkha National Liberation Front, was
reportedly among more than 50 people arrested during a demonstration in
Phuntsholing in April.
Ugyen Tenzing, a member of
the Druk-Yul Peoples Democratic Party, was reportedly arrested in Samtse
district in June and taken to Thimphu police headquarters.
AI country report:
Bhutan:
Nationality, Expulsion, Statelessness and the Right to Return (AI Index:
ASA 14/001/2000
Amnesty
International report on Bhutan
US State
Department
Country
Reports on Human Rights Practices -2000
Bhutan is
ruled by a hereditary monarch, King Jigme Singye Wangchuk, who governs with
the support of a National Assembly and a Council of Ministers; there is no
written constitution to protect fundamental political and human rights.
Since ascending to the throne in 1972, the King has continued efforts toward
social and political modernization begun by his father. In the last few
years, Bhutan has improved rapidly services in education, health care,
sanitation, and communications, with parallel but slower developments of the
role of representatives in governance and decision making. In recent years,
Bhutan has adopted some measures to transfer power from the King to the
National Assembly. The judiciary is not independent of the King.
Approximately two-thirds of the government-declared population of 600,000
persons is composed of Buddhists with cultural traditions akin to those of
Tibet. The Buddhist majority consists of two principal ethnic and
linguistic groups: the Ngalongs of the western part of the country and the
Sharchops of the eastern part of the country. The remaining third of the
population, ethnic Nepalis, most of whom are Hindus, live in the country's
southern districts. Bhutanese dissident groups claim that the actual
population is between 650,000 and 700,000 persons and that the Government
underreports the number of ethnic Nepalese in the country. The rapid growth
of this ethnic Nepalese segment of the population led some in the Buddhist
majority to fear for the survival of their culture. Government efforts to
institute policies designed to preserve the cultural dominance of the
Ngalong ethnic group, to change citizenship requirements, and to control
illegal immigration resulted in political protests and led to ethnic
conflict and repression of ethnic Nepalese in southern districts during the
late 1980's and early 1990's.
Tens of
thousands of ethnic Nepalese left the country in 1991-92, many of whom were
expelled forcibly. According to U.N. High Commission for Refugees (UNHCR),
there were 98,269 ethnic Nepalese in 7 refugee camps in eastern Nepal as of
late June; upwards of 15,000 reside outside of the camps in the Indian
states of Assam and West Bengal. The Government maintains that some of
those in the camps never were citizens, and therefore have no right to
return. In 1998 the Government began resettling Buddhist Bhutanese from
other regions of the country on land in southern districts vacated by the
ethnic Nepalese now living in refugee camps in Nepal, which some claim will
complicate any future return of the ethnic Nepalese. A National Assembly
resolution adopted in 1997 prohibits still-resident immediate family members
of ethnic Nepalese refugees from holding jobs with the Government or the
armed forces. In early 1998 the Government implemented the resolution, and
already had dismissed 429 civil servants by November 1998, when
implementation of the resolution was discontinued.
The Royal
Bhutan Police (RBP), assisted by the Royal Bhutan Army, including those
assigned to the Royal Body Guard, and a national militia, maintain internal
security. Some members of these forces committed human rights abuses
against ethnic Nepalese. The economy is based on agriculture and forestry,
which provide the main livelihood for 90 percent of the population and
account for about half of the gross domestic product (GDP). Agriculture
largely consists of subsistence farming and animal husbandry. Cardamon,
citrus fruit, and spices are the leading agricultural exports. Cement and
electricity are the other important exports. Strong trade and monetary ties
link the economy closely to that of India. Hydroelectric power production
potential and tourism are key resources, although the Government limits
foreign tourist arrivals because of inadequate tourist infrastructure and
environmental concerns. Tourist arrivals also are limited by means of
pricing policies. Bhutan is a poor country. The gross national product per
capita is estimated to be $470.
The
Government's human rights record remained poor, and problems remain in
several areas. The King exercises strong, active, and direct power over the
Government. Citizens do not have the right to change their government. The
Government discourages political parties, and none operate legally. There
were reports that security forces beat ethnic Nepalese refugees who entered
the country to demonstrate. Arbitrary arrest and detention remain problems,
and reports of torture and abuse of persons in detention continue. Impunity
for those who commit abuses also is a problem. Judges serve at the King's
pleasure, and the Government limits significantly the right to a fair
trial.
Criminal
cases and a variety of civil matters are adjudicated under a legal code
established in the 17 century and revised and modernized in 1958 and 1965.
In late 1998 the Government formed a special committee of jurists and
government officials to review the country's basic law and propose changes.
In April the Government established a Department of Legal Affairs, which is
projected to be functioning fully by mid-2001; it is a result of the review
of the Basic Law. Programs to build a body of written law and to train
lawyers are progressing. For example, the Government sends many lawyers to
India and other countries for legal training.
The
Government limits significantly citizens' right to privacy. The Government
restricts freedom of speech, the press, assembly, and association. The
Government launched the country's first indigenous television service in
June 1999, modifying a ban on private television reception that had been in
place since 1989. Citizens face significant limitations on freedom of
religion. In July 1998, the Government initiated steps to renew
negotiations with the Government of Nepal on procedures for the screening
and repatriation of ethnic Nepalese in the refugee camps, and the two
governments held a series of meetings during the second half of that year.
After a 3-year hiatus, ministerial-level bilateral talks resumed in
September 1999. The Government restricts worker rights. The Government
claims that it has prosecuted government personnel for unspecified abuses
committed in the early 1990's; however, public indications are that it has
done little to investigate and prosecute security force officials
responsible for torture, rape, and other abuses committed against ethnic
Nepalese residents.
RESPECT FOR
HUMAN RIGHTS
Section
1 Respect for the Integrity of the Person, Including Freedom From:
Political and Other Extrajudicial Killing
-
There were
no confirmed reports of political or other extrajudicial killings during the
year. Human rights groups allege that in 1998 a government official shot
and killed Gomchen Karma, a Buddhist monk arrested in October 1997 during a
peaceful demonstration in the eastern part of the country. The Government
stated that the shooting was accidental, that the official responsible has
been suspended from duty and charged in connection with the incident, and
that his case was being heard as of September.
Disappearance
Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
The law
prohibits torture and abuse; however, human rights advocates state that in
practice security forces ignore these provisions. No one was prosecuted in
connection with violating prohibitions against torture during the year.
There were reports that security forces captured numerous ethnic Nepalese
refugees attempting to return to the country, beat them, and sent them back
across the border. Persons holding peaceful marches from India to Bhutan
report that in 1998 and 1999, the police assaulted them, injuring several
demonstrators, and then arrested and deported all of the marchers to Nepal
(see Section 5). In the past, there have been reports that ethnic Nepalese
refugees who attempted to return to the country were tortured. Refugee
newspapers published in Nepal allege that Nima Gyaltsen, a prisoner detained
since 1997 without charge or trial in Zilnon Namgyeling jail in Thimphu,
died in 1999 after being subjected to torture during his incarceration.
Refugee
groups credibly claim that persons detained as suspected dissidents in the
early 1990's were tortured by security forces, who also committed acts of
rape. During those years, the Government's ethnic policies and the
crackdown on ethnic Nepalese political agitation created a climate of
impunity in which the Government tacitly condoned the physical abuse of
ethnic Nepalese. The Government denies that these abuses occurred but also
claims that it has investigated and prosecuted three government officials
for unspecified abuses of authority during that period. Details of these
cases have not been made public, and there is little indication that the
Government has investigated adequately or punished any security force
officials involved in the widespread abuses of 1989-92.
Prison
conditions reportedly are adequate, if austere. In 1993 the International
Committee of the Red Cross (ICRC) began a program of visits to prisons in
the capital, Thimphu. In 1994 a new prison in Chemgang was opened.
Together, these events contributed to a substantial improvement in
conditions of detention over those that existed previously. However,
Bhutanese human rights groups active outside the country maintain that
prison conditions outside of Thimphu remain oppressive. The Government and
the ICRC signed a new Memorandum of Understanding in September 1998,
extending the ICRC prison visits program for another 5 years. The ICRC
conducted two prison visits during the year, as it has done for each of the
past 6 years, and received unhindered access to prisons during the year.
Arbitrary Arrest, Detention, or Exile
Arbitrary
arrest and detention remain problems. Under the Police Act of 1979, police
may not arrest a person without a warrant and must produce an arrested
person before a court within 24 hours of arrest, exclusive of travel time
from place of arrest. However, legal protections are incomplete, due to the
lack of a fully elaborated criminal procedure code and to deficiencies in
police training and practice. Incommunicado detention is known to occur.
Incommunicado detention of suspected militants was a serious problem in 1991
and 1992, but the initiation of ICRC prison visits and the establishment of
an ICRC mail service between detainees and family members has helped to
allay this problem. Of those detained in connection with political
dissidence and violence in southern areas in 1991-92, 1,685 persons were
ultimately amnestied, 58 are serving sentences after conviction by the High
Court, 9 were acquitted by the High Court, and 71 were released after
serving prison sentences.
Human rights
groups allege that in July and August 1997, the Royal Bhutan Police in and
around Samdrup Jongkar town in the east arrested some 50 suspected
supporters of a Bhutanese dissident group active outside the country. The
Government states that only 16 persons were arrested during this period and
that they have been charged with involvement in seditious activities and are
awaiting trial. Many were said to be supporters of one-time Druk National
Congress (DNC) and United Front for Democracy in Bhutan (UFD) leader
Rongthong Kunley Dorji, who was arrested in India in April 1997, following
the issuance of an extradition request by Bhutanese authorities. Dorji
faces extradition proceedings in India and possible return to Bhutan to face
charges of fraud, nonpayment of loans, and incitement to violence.
The original
Bhutanese extradition request included a third charge, "antinational
activities," but this later was dropped when it became clear that Indian law
would preclude his extradition to face political charges. Human rights
groups contend that the charges brought against Dorji are politically
motivated and constitute an attempt by the Government to suppress his
prodemocracy activities. In June 1998, an Indian court granted Dorji bail,
but placed restrictions on his movements. Dorji's extradition case still is
pending in the Indian courts. According to an Amnesty International report
released in 1999, 30 persons were detained in 1998, most of them on
suspicion of being members or supporters of the DNC.
Amnesty
International has reported that some of those arrested are feared to be at
risk of torture (see Section 1.c.). Bhutanese human rights groups outside
the country claim that the arrests, including those of several Buddhist
monks, are aimed at imposing Ngalong norms on the eastern, Sharchop
community, which has a distinct ethnic and religious identity. The
Government denies that it has such a policy; many government officials,
including both the former Head of Government, Foreign Minister Jigme Thinley,
and the Chief Justice of the High Court Sonam Tobgye, are Sharchops.
Persons
holding peaceful marches from India to Bhutan charge that in 1999, the
police assaulted them, injuring several demonstrators, and then arrested and
deported all of the marchers to Nepal (see Section 5). By one estimate,
approximately 100 marchers were arrested and deported in 1999. The
Government acknowledged that 58 persons whom it described as terrorists were
serving sentences at the end of 1998 for crimes including rape, murder, and
robbery. It stated that a total of 134 persons were arrested in connection
with the October 1997 disturbances in the east; of that number, more than
one-half either had been tried and acquitted or had been released after
serving short sentences.
Some or all
of the approximately 75 prisoners serving sentences for offenses related to
political dissidence or violence, primarily by ethnic Nepalese during
1991-92, may be political prisoners (see Section 1.e.). Although the
Government does not use formally exile as a form of punishment, many accused
political dissidents freed under Government amnesties say that they were
released on the condition that they depart the country. Many of them
subsequently registered at refugee camps in Nepal. The Government denies
this.
Denial of Fair Public Trial
There is no
written constitution, and the judiciary is not independent of the King. The
judicial system consists of district courts and a High Court in Thimphu.
Judges are appointed by the King on the recommendation of the Chief Justice
and may be removed by the King. Village headmen adjudicate minor offenses
and administrative matters.
The
Department of Legal Affairs, which was established in April, is projected to
be fully functional by mid-2001. At a future date, the Government expects
to create a Ministry of Law and Justice and an Attorney General's office
within the Department of Legal Affairs. At present, the Department is
composed of a Legal Services Division (which eventually is to become the
Ministry of Law and Justice) with domestic, international, and human rights
sections; and a Prosecution Division (which eventually is to become the
Attorney General's office), with a criminal section and a civil section.
Criminal
cases and a variety of civil matters are adjudicated under a legal code
established in the 17 century and revised in 1958 and 1965. For offenses
against the State, state-appointed prosecutors file charges and prosecute
cases. In other cases, the relevant organizations and departments of
government file charges and conduct the prosecution. Defendants are
supposed to be presented with written charges in languages that they
understand and given time to prepare their own defense. However, this
practice is not always followed, according to some political dissidents. In
cases where defendants cannot write their own defense, courts assign
judicial officers to assist defendants. There were reports that defendants
receive legal representation at trial, and that they may choose from a list
of 150 government-licensed and employed advocates to assist with their
defense; however, it is not known how many defendants actually receive such
assistance. A legal education program gradually is building a body of
persons who have received formal training in the law abroad. Village
headmen, who have the power to arbitrate disputes, make up the bottom rung
of the judicial system. Magistrates, each with responsibility for a block
of villages, can review their decisions. Magistrates' decisions can be
appealed to district judges, of which there is 1 for each of the country's
20 districts. The High Court in Thimphu is the country's supreme court.
Its decisions can be appealed to the King. Defendants have the right to
appeal to the High Court and may make a final appeal to the King, who
traditionally delegates the decision to the Royal Advisory Council. Trials
are to be conducted in open hearings; however, there are allegations that
this is not always the case in practice. Questions of family law, such as
marriage, divorce, and adoption, traditionally are resolved according to a
citizen's religion: Buddhist tradition for the majority of the population
and Hindu tradition for the ethnic Nepalese; however, the Government states
that there is one formal law that governs these matters. Some or all of the
approximately 75 prisoners serving sentences for offenses related to
political dissidence or violence, primarily by ethnic Nepalese during
1991-92, may be political prisoners (see Section 1.d.). On December 17,
1999, the King pardoned 200 prisoners to mark National Day; all reportedly
were released. Among them were 40 persons convicted of "antinational"
offenses, including prominent ethnic Nepalese dissident and internationally
recognized political prisoner Tek Nath Rizal. Tek Nath Rizal was arrested
in 1988 in Nepal and extradited to Bhutan, where he was held in solitary
confinement in Wangdiphodrang military prison until his 1992 conviction for
antinational crimes, including writing and distributing political pamphlets
and attending political meetings. He was convicted under the 1993 National
Security Act, although at the time of his conviction the act had not yet
been passed. However, a U.N. Human Rights Commission Working Group on
Arbitrary Detention that visited the country in 1994 at the Government's
invitation determined that Rizal had received a fair trial and declared his
detention "not to be arbitrary." During the latter part of the year, Rizal
was granted permission to leave Bhutan to receive medical treatment in
Calcutta, India. He had not left Bhutan by year's end.
Arbitrary Interference with Privacy, Family, Home, or Correspondence
There are no
laws providing for these rights. The Government requires all citizens,
including minorities, to wear the traditional dress of the Buddhist majority
when visiting Buddhist religious buildings, monasteries, or government
offices, and in schools and when attending official functions and public
ceremonies. According to human rights groups, police regularly conduct
house-to-house searches for suspected dissidents without explanation or
legal justification.
Section 2 Respect
for Civil Liberties, Including
Freedom of
Speech and Press
The
Government restricts freedom of speech and of the press.
The country's only regular publication is Kuensel, a government-run weekly
newspaper with a circulation of 10,000. Human rights groups state that
government ministries regularly review editorial material and have the power
to suppress or change content, which they regularly do. They allege that
the board of directors nominally responsible for editorial policy is
appointed by and can be removed by the Government. Kuensel, which publishes
simultaneous editions in the English, Dzongkha, and Nepali languages,
supports the Government but does occasionally report criticism of the King
and Government policies in the National Assembly. Nepalese, Indian, and
other foreign newspapers are available, but they sometimes can be withheld
from circulation if they carry news that the Government deems critical of
the country.
In 1989 the
Government banned all private television reception and ordered that
television antennas and satellite dishes be dismantled. Many homes in Paro
and Thimphu nonetheless have satellite dishes and receive signals from
international broadcasters. In June 1999, the Government introduced locally
produced television service with the inauguration of the Bhutan Broadcasting
Service. The service broadcasts 4 hours of programming daily: 2 hours of
locally produced programming in Dzongkha, and 2 hours of English-language
programming produced outside of the country (such as from the British
Broadcasting Corporation (BBC) and the Cable News Network (CNN)). In late
1999 the Government began licensing cable operators to provide service in
Thimphu and Paro, and cable television is available. The Government radio
station broadcasts each day in the four major languages (Dzongkha, Nepali,
English, and Sharchop). The Government inaugurated the country's first
Internet service provider, Druknet, in June 1999.
English is
the medium of instruction in schools and the national language, Dzongkha, is
taught as a second language. The teaching of Nepali as a second language
was discontinued in 1990.
Freedom of
Peaceful Assembly and Association
The
Government restricts freedom of assembly and association. Citizens may
engage in peaceful assembly and association only for purposes approved by
the Government. Although the Government allows civic and business
organizations, there are no legally recognized political parties. The
Government regards parties organized by ethnic Nepalese exiles--the Bhutan
People's Party (BPP) and the Bhutan National Democratic Party (BNDP)--as
well as the Druk National Congress--as "terrorist and antinational"
organizations and has declared them illegal. These parties do not conduct
activities inside the country. They seek the repatriation of refugees and
democratic reform.
Freedom of Religion
the
Government limits freedom of religion.
The Drukpa branch of the Kagyupa School of Mahayana Buddhism is the state
religion. About two-thirds of the population practice either Drukpa Kagyupa
or Ningmapa Buddhism. The Drukpa branch is practiced predominantly in the
western and central parts of the country, which are inhabited mainly by
ethnic Ngalongs (descendants of Tibetan immigrants who predominate in
government and the civil service, and whose cultural norms have been
declared to be the standard for all citizens). The Ningmapa school is
practiced predominantly in the eastern part of the country, although there
are adherents in other areas, including the royal family.
Most of
those living in the east are ethnic Sharchops--the descendants of those
thought to be the country's original inhabitants. The Government subsidizes
monasteries and shrines of the Drukpa sect and provides aid to about
one-third of the Kingdom's 12,000 monks. The Government also provides
financial assistance for the construction of Drukpa Kagyupa and Ningmapa
Buddhist temples and shrines. In the early 1990's, the Government provided
funds for the construction of new Hindu temples and centers of Sanskrit and
Hindu learning and for the renovation of existing temples and places of
Hindu learning. The Drukpa branch enjoys statutory representation in the
National Assembly (Drukpa monks occupy 10 seats in the 150 member National
Assembly) and in the Royal Advisory Council (Drukpa monks hold 2 of the 11
seats on the Council), and the Drukpa branch is an influential voice on
public policy. Citizens of other faiths, mostly Hindus, enjoy freedom of
worship but may not proselytize. Under the law, conversions are illegal.
The King has
declared major Hindu festivals to be national holidays, and the royal family
participates in them. Foreign missionaries are not permitted to
proselytize, but international Christian relief organizations and Jesuit
priests are active in education and humanitarian activities. According to
dissidents living outside of the country, the Government restricts the
import into the country of printed religious matter; only Buddhist religious
texts are allowed to enter. These dissidents also state that Buddhist
religious teaching, of both the Drukpa Kagyupa and Ningmapa sects, is
permitted in schools; the teaching of other religious faiths is not. The
passports of members of minority religions cite the holder's religion, and
applicants for government services sometimes are asked their religion before
services are rendered.
Freedom of Movement Within the Country, Foreign Travel, Emigration, and
Repatriation
Citizens
traveling in border regions are required to show their citizenship identity
cards at immigration check points, which in some cases are located at a
considerable distance from what is in effect an open border with India. By
treaty, citizens may reside and work in India. Bhutan is not a signatory to
the 1951 U.N. Convention Relating to the Status of Refugees or its 1967
Protocol (See Section 5 regarding the ethnic Nepalese refugee situation).
The Government states that it recognizes the right to asylum in accordance
with international refugee law; however, it has no official policy regarding
refugees, asylum, first asylum, or the return of refugees to countries in
which they fear persecution. According to one credible human rights source,
until recent years the Government systematically used to arrest and imprison
Tibetan refugees crossing the country's border from Tibet. This policy was
followed in deference to China's wishes. So invariable was this policy that
Tibetan leaders advise refugees not to use routes of escape through Bhutan.
Tibetan refugees have not done so for several years. This virtually is the
only refugee population seeking first asylum in Bhutan, thus, the issue of
first asylum did not arise during the year.
Section
3 Respect for Political Rights: The Right of Citizens to Change Their
Government
Citizens do
not have the right to change their government. Bhutan is a monarchy with
sovereign power vested in the King. In June 1998, the King introduced term
limits for his Council of Ministers and proposed measures to increase the
role of the National Assembly in the formation of his Government. The
National Assembly elected a new Council of Ministers and Government in July
1998 to a 5-year term. There are elected or partially elected assemblies at
the local, district, and national levels, and the Government claims to
encourage decentralization and citizen participation. These elections are
conducted in much the same way as National Assembly elections. Since 1969
the National Assembly has had the power to remove ministers who the King
appoints, but it never has done so. Political authority ultimately resides
in the King and decisionmaking involves only a small number of officials.
Officials subject to questioning by the National Assembly routinely make
major decisions, but the National Assembly is not known to have overturned
any decisions reached by the King and government officials. Political
parties do not exist legally, and the Government discourages their formation
as unnecessarily divisive. The Government prohibits parties established
abroad by ethnic Nepalese (see Section 2.b.).
The National
Assembly, established in 1953, has 150 members. Of these, 105 are elected
indirectly by heads of household, 10 are selected by a part of the Buddhist
clergy, and the remaining 35 are appointed by the King to represent the
Government. The National Assembly, which meets irregularly, has little
independent authority. However, there are efforts underway to have the
National Assembly meet on a more regular basis, and in recent years the King
and the Council of Ministers have been more responsive to the National
Assembly's concerns. The procedures for the nomination and election of
National Assembly members are set out in an amendment to the country's Basic
Law proposed by the King and adopted by the 73 session of the National
Assembly in 1995. It provides that in order to be eligible for nomination
as a candidate for election to the National Assembly, a person must be a
citizen of Bhutan, be at least 25 years of age, not be married to a foreign
national, not have been terminated or compulsorily retired for misconduct
from government service, not have committed any act of treason against the
King, the populace, and country, have no criminal record or any criminal
case pending against him, have respect for the nation's laws, and be able to
read and write in Dzongkha (the language, having different dialects in the
eastern and western areas of the country, spoken by Bhutanese Buddhists).
Each
National Assembly constituency consists of a number of villages. Each
village is permitted to nominate one candidate but must do so by consensus.
There is no provision for self-nomination and the law states that no
person...may campaign for the candidacy or canvass through other means. If
more than one village within a constituency puts forward a candidate, an
election is conducted by the district development committee, and the
candidate obtaining a simple majority of votes cast is declared the winner.
Individuals do not have the right to vote; every family in a village is
entitled to one vote in elections. The law does not make clear how a
candidate is selected if none achieves a simple majority. However, it does
state that in case of a tie among the candidates in the election, a
selection shall be made through the drawing of lots. The candidate whose
name is drawn shall be deemed to be elected.
Human rights
activists claim that the only time individual citizens have any involvement
in choosing a National Assembly representative is when they are asked for
consensus approval of a village candidate by the village headman. The name
put to villagers for consensus approval by the headman is suggested to him
by district officials, who in turn take their direction from the central
Government. Consensus approval takes place at a public gathering. Human
rights activists state that there is no secret ballot.
The Assembly
enacts laws, approves senior government appointments, and advises the King
on matters of national importance. Voting is by secret ballot, with a
simple majority needed to pass a measure. The King may not formally veto
legislation, but may return bills for further consideration. The Assembly
occasionally rejects the King's recommendations or delays implementing them,
but in general, the King has enough influence to persuade the Assembly to
approve legislation that he considers essential or to withdraw proposals he
opposes. The Assembly may question government officials and force them to
resign by a two-thirds vote of no confidence; however, the National Assembly
never has compelled any government official to resign. The Royal Civil
Service Commission is responsible for disciplining subministerial level
government officials and has removed several following their convictions for
crimes including embezzlement.
In June
1998, the King issued a decree setting out several measures intended to
increase the role of the National Assembly in the formation and dissolution
of his Government. The decree, later adopted by the 76 session of the
National Assembly, provided that all cabinet ministers are to be elected by
the National Assembly and that the roles and responsibilities of the cabinet
ministries were to be spelled out. Each cabinet minister is to be elected
by simple majority in a secret ballot in the National Assembly from among
candidates nominated by the King. The King is to select nominees for
cabinet office from among senior government officials holding the rank of
secretary or above. The King is to determine the portfolios of his
ministers, whose terms will be limited to 5 years, after which they must
pass a vote of confidence in the National Assembly in order to remain in
office. Finally, the decree provided that the National Assembly, by a
two-thirds vote of no confidence, can require the King to abdicate and to be
replaced by the next in the line of succession. After adopting the decree,
the National Assembly elected a new cabinet of ministers consistent with the
decree. Human rights groups maintain that since only the King may nominate
candidates for cabinet office, their election by the National Assembly is
not a significant democratic reform. The King also removed himself
as Chairman of the Cabinet of Ministers in 1998; Foreign Minister Jigme
Thinley was elected to that position by the National Assembly for 1 year,
and was replaced by Minister for Health and Education Sangay Ngedup in July
1999.
Women are
underrepresented in government and politics, although they have made small
but visible gains. Three women hold seats in the National Assembly.
All major
ethnic groups, including ethnic Nepalese, are represented in the National
Assembly. There are 16 "southern Bhutanese" (also known as Lhotshampas) in
the National Assembly.
Section
4 Governmental Attitude Regarding International and Nongovernmental
Investigation of Alleged Violations of Human Rights
There are no
legal human rights nongovernmental organizations (NGO's) in the country.
The Government regards human rights groups established by ethnic Nepalese
exiles--the Human Rights Organization of Bhutan, the People's Forum for
Human Rights in Bhutan, and the Association of Human Rights
Activists--Bhutan--as political organizations and does not permit them to
operate in the country. Amnesty International visited Bhutan in 1992 to
investigate and to report on the alleged abuse of ethnic Nepalese. In late
November 1998, Amnesty International again sent a delegation to the country
and later released a report.
ICRC
representatives continue twice yearly prison visits, and the Government has
allowed them unhindered access to detention facilities, including those in
southern districts inhabited by ethnic Nepalese. The chairman and members
of the U.N. Human Rights Commission Working Group on Arbitrary Detention
made a second visit to the country in May 1996 as a follow-up to an October
1994 visit. In addition to meetings with government officials, members of
the working group visited prisons and interviewed prisoners in Thimphu,
Phuntsoling, and Samtse.
Section
5 Discrimination Based on Race, Sex, Religion, Disability, Language, or
Social Status
Ongoing
government efforts to cultivate a national identity rooted in the language,
religion, and culture of the Ngalong ethnic group restrict cultural
expression by other ethnic groups. In the late 1980's and early 1990's, the
Government instituted polices designed to preserve the cultural dominance of
the Ngalong ethnic group. It also committed many abuses against the ethnic
Nepalese, which led to the departure of tens of thousands of ethnic Nepalese
from the country; many ethnic Nepalese were expelled forcibly, and almost
100,000 of them remain in refugee camps in Nepal. At the time, the
Government claimed that it was concerned about the rapid population growth
of and political agitation by the ethnic Nepalese. The Government claims
that ethnic and gender discrimination in employment is not a problem. It
claims that ethnic Nepalese fill 22 percent of government jobs, which is
slightly less than their proportion of the total population. Bhutanese
human rights groups active outside the country claim that ethnic Nepalese
actually make up about 35 percent of the country's population and that the
Government underreports their number. Women are accorded respect in the
traditions of most ethnic groups; however, persistence of traditional gender
roles apparently accounts for the low proportion of women in government
employment. Exile groups claim that ethnic and gender discrimination is a
problem.
Women
There is no
evidence that rape or spousal abuse are extensive problems. However, there
are credible reports by refugees and human rights groups that security
forces raped large numbers of ethnic Nepalese women in the southern area of
the country in 1991 and 1992. According to Amnesty International, some
women reportedly have died as a result. In one independent survey of 1,779
refugee families, 26 percent of the respondents cited rape, fear of rape, or
threat of rape as a prime reason for their departure from the country.
The Government has denied these reports. Rape was made a criminal
offense in 1953, but that law had weak penalties and was enforced poorly.
In 1993 the National Assembly adopted a revised rape act with clear
definitions of criminal sexual assault and stronger penalties. In cases of
rape involving minors, sentences range from 5 to 17 years. In extreme
cases, a rapist may be imprisoned for life.
Women
constitute 48 percent of the population and participate freely in the social
and economic life of the country. Approximately 43 percent of enrollment in
school is female, and 16 percent of civil service employees are women.
Inheritance law provides for equal inheritance among all sons and daughters,
but traditional inheritance practices, which vary among ethnic groups, may
be observed if the heirs choose to forego legal challenges. Dowry is not
practiced, even among ethnic Nepalese Hindus. Among some groups,
inheritance practices favoring daughters reportedly account for the large
numbers of women among owners of shops and businesses and for an
accompanying tendency of women to drop out of higher education to go into
business. However, female school enrollment has been growing in response to
government policies. Women increasingly are found among senior officials
and private sector entrepreneurs, especially in the tourism industry. Women
in unskilled jobs generally are paid slightly less than men. Polygamy is
sanctioned provided the first wife gives her permission. Marriages may be
arranged by the marriage partners themselves as well as by their parents.
Divorce is common. Recent legislation requires that all marriages must be
registered; it also favors women in matters of alimony.
Children
The
Government has demonstrated its commitment to child welfare by its rapid
expansion of primary schools, health-care facilities, and immunization
programs. The mortality rates for both infants and children under 5 years
have dropped significantly since 1989. The Government provides free and
compulsory primary school education, and primary school enrollment has
increased at 9 percent per year since 1991, with enrollment of girls
increasing at an even higher rate. In 1995 the participation rate for
children in primary schools was estimated at 72 percent, with the rate of
completion of 7 years of schooling at 60 percent for girls and at 59 percent
for boys. There is no law barring ethnic Nepalese children from attending
school. However, most of the 75 primary schools in southern areas heavily
populated by ethnic Nepalese that were closed in 1990 remain closed today.
The closure of the schools acts as an effective barrier to the ability of
the ethnic Nepalese in southern areas to obtain a primary education.
Children enjoy a privileged position in society and benefit from
international development programs focused on maternal and child welfare.
Amnesty International reported that at least 23 students, between 7 and 21
years of age, whose relatives had been arrested for supporting the
prodemocracy movement, were expelled from school in eastern Bhutan in 1998.
Amnesty International also reported that 19-year-old Needup Phuntso was
expelled from school in March 1998 and was tortured by members of the Royal
Bhutanese police after his arrest in Thimphu in July 1998. A study by UNICEF
found that boys and girls receive equal treatment regarding nutrition and
health care and that there is little difference in child mortality rates
between the sexes. Government policies aimed at increasing enrollment of
girls have increased the proportion of girls in primary schools from 39
percent in 1990 to 43 percent in 1995.
There is no
societal pattern of abuse against children.
People with
Disabilities
There is no
evidence of official discrimination toward disabled persons but the
Government has not passed legislation mandating accessibility for the
disabled. Societal discrimination against the disabled is a problem.
National/Racial/Ethnic Minorities
Ethnic
Nepalese have lived in the southern part of the country for centuries, and
the early phases of economic development at the turn of the century brought
a large influx of additional ethnic Nepalese. In the late 1980's, concern
over the increase in the population of and political agitation among ethnic
Nepalese prompted aggressive government efforts to assert a national
culture, to tighten control over southern regions, to control illegal
immigration, to expel ethnic Nepalese, and to promote national integration.
Early efforts at national integration focused on assimilation, including
financial incentives for intermarriage, education for some students in
regions other than their own, and an increase in development funds in the
south. Beginning in 1989, more discriminatory measures were introduced,
aimed at shaping a new national identity, known as Drukpa. Drukpa is based
on the customs of the non-ethnic Nepalese Ngalong ethnic group predominant
in the western part of the country. Measures included a requirement
that national dress be worn for official occasions and as a school uniform,
the teaching of Dzongkha as a second language in all schools, and an end to
instruction in Nepali as a second language (English is the language of
instruction in all schools). Also, beginning in 1988, the Government
refused to renew the contracts of tens of thousands of Nepalese guest
workers. Many of these workers had resided in the country for years, in
some cases with their families. During the mid- and late 1980's, citizenship
became a highly contentious issue. Requirements for citizenship first were
formalized in the Citizenship Law of 1958, which granted citizenship to all
adults who owned land and had lived in the country for at least 10 years.
However, in 1985 a new citizenship law significantly tightened requirements
for citizenship and resulted in the denaturalization of many ethnic
Nepalese. While citizenship previously was conferred upon children whose
father was a citizen under the 1958 law, the 1985 law required that both
parents be citizens in order to confer citizenship on a child, and that
persons seeking to prove citizenship through their own or their parents'
residency in 1958 be able to prove residency in the country at that time.
In many cases, persons were unable to produce the documentation necessary,
such as land tax receipts from 1958, to show residency nearly 30 years
before. The law permits residents who lost citizenship under the 1985 law
to apply for naturalization if they can prove residence during the 15 years
prior to that time. The Government declared all residents who could not
meet the new citizenship requirements to be illegal immigrants. The 1985
Citizenship Act also provides for the revocation of the citizenship of any
naturalized citizen who "has shown by act or speech to be disloyal in any
manner whatsoever to the King, country, and people of Bhutan." The Home
Ministry, in a circular notification in 1990, advised that "any Bhutanese
nationals leaving the country to assist and help the antinationals shall no
longer be considered as Bhutanese citizens...such people's family members
living in the same household will also be held fully responsible and forfeit
their citizenship." Human rights groups allege that these provisions were
used widely to revoke the citizenship of ethnic Nepalese who subsequently
were expelled or otherwise departed from the country. Beginning in 1988,
the Government expelled large numbers of ethnic Nepalese through enforcement
of the new citizenship laws. Outraged by what they saw as a campaign of
repression, ethnic Nepalese mounted a series of demonstrations, sometimes
violent, in September 1990. The protests were spearheaded by the newly
formed Bhutan People's Party, which demanded full citizenship rights for
ethnic Nepalese, the reintroduction of Nepali as a medium of education in
the south, and democratic reforms. Characterizing the BPP as a "terrorist"
movement backed by Indian sympathizers, the authorities cracked down on its
activities and ordered the closure of local Nepalese schools, clinics, and
development programs after several were raided or bombed by dissidents.
Many ethnic Nepalese schools reportedly were turned into Army barracks.
There were credible reports that many ethnic Nepalese activists were beaten
and tortured while in custody, and that security forces committed acts of
rape. There also were credible reports that militants, including BPP
members, attacked and killed census officers and other officials, and
engaged in bombings. Local officials took advantage of the climate of
repression to coerce ethnic Nepalese to sell their land below its fair value
and to emigrate. Beginning in 1991, ethnic Nepalese began to leave southern
areas of the country in large numbers and take refuge in Nepal. Many were
expelled forcibly. According to Amnesty International, entire villages
sometimes were evicted en masse in retaliation for an attack on a local
government official. Many ethnic Nepalese were forced to sign "voluntary
migration forms" wherein they agreed to leave the country, after local
officials threatened to fine or imprison them for failing to comply. By
August 1991, according to NGO reports, 2,500 refugees already were camped
illegally in Nepal, with a steady stream still coming from Bhutan. The
UNHCR began providing food and shelter in September of that year, and by
year's end, there were 6,000 refugees in Nepal. The number of registered
refugees grew to approximately 62,000 by August 1992, and to approximately
80,000 by June 1993, when the UNHCR began individual screening of refugees.
The flow slowed considerably thereafter; there were no new refugee arrivals
from Bhutan to the camps during the year. According to UNHCR, there were
98,269 ethnic Nepalese refugees in 7 refugee camps in eastern Nepal, as of
June 30. Much of this increase since 1993 is the result of births to
residents of the camps. An additional 15,000 refugees, according to UNHCR
estimates, are living outside the camps in Nepal and India.
Ethnic
Nepalese political groups in exile complain that the revision of the
country's citizenship laws in 1985 denaturalized tens of thousands of former
residents of Bhutan. They also complain that the new laws have been applied
selectively and make unfair demands for documentation on a largely
illiterate group in a country that only recently has adopted basic
administrative procedures. They claim that many ethnic Nepalese whose
families have been in the country for generations were expelled in the early
1990's because they were unable to document their claims to residence. The
Government denies this and asserts that a three-member village
committee--typically ethnic Nepalese in southern districts--certifies in
writing that a resident is a Bhutanese citizen in cases where documents
cannot be produced.
The
Government maintains that many of those who departed the country in 1991-92
were Nepalese or Indian citizens who came to the country after the enactment
of the 1958 Citizenship law but were not detected until a census in 1988.
The Government also claims that many persons registered in the camps as
refugees may never have resided in the country. A royal decree in 1991 made
forcible expulsion of a citizen a criminal offense. In a January 1992
edict, the King noted reports that officials had been forcing Bhutanese
nationals to leave the country but stressed that this was a serious and
punishable violation of law. Nevertheless, only three officials ever were
punished for abusing their authority during this period (see Section 1.c.).
According to the UNHCR, the overwhelming majority of refugees who have
entered the camps since screening began in June 1993 have documentary proof
of Bhutanese nationality. Random checks and surveys of camp
residents--including both pre- and post-June 1993 arrivals--bear this out.
The Government contends that some ethnic Nepalese left the country
voluntarily, thus renouncing their Bhutanese citizenship. However, human
rights organizations credibly dispute this claim.
A
Nepal-Bhutan ministerial committee met seven times between 1994 and 1996,
and a secretarial-level committee met twice in 1997 in efforts to resolve
the Bhutanese refugee problem. In 1998 Foreign Minister Jigme Thinley took
office with a mandate to resolve the refugee issue, and several meetings
were held with representatives of the Nepalese Government, the UNHCR, and
NGO's. However, the dialog lost momentum in 1998 and was suspended by the
Bhutanese Government pending the formation of a new government in Nepal in
1999. After a 3-year hiatus, the foreign ministers of Nepal and Bhutan met
in September 1999 in Kathmandu to resume discussions on the refugee issue.
Bilateral and multilateral discussions have continued, including a ninth
round of ministerial level talks held in May. During the year, U.N. High
Commissioner for Refugees Sadako Ogata visited the country, as did at least
one high-ranking foreign official. In late December, Bhutan and Nepal
agreed upon a system to verify the nationality of Bhutanese refugees in
Nepal in preparation for their for return to Bhutan. Refugee verifications
were scheduled to begin in January 2001. At year's end, approximately
98,000 Bhutanese refugees remained in Nepal. The resettlement of persons
onto the land once occupied by refugees continues to represent an obstacle
to a negotiated resolution of the refugee problem.
In March
1996, refugees began a series of "peace marches" from Nepal to Bhutan to
assert their right to return to Bhutan. Bhutanese police immediately
detained and deported the marchers who crossed into Bhutan in August,
November, and December 1996. In the December 1996 incident, police
reportedly used force against the marchers. Such marches also were held in
1998 and 1999; the marchers charge that the police assaulted them during
each march, injuring several demonstrators, and then arrested and deported
all marchers. A resolution adopted by the National Assembly in July 1997
prohibits the still-resident family members of ethnic Nepalese refugees from
holding jobs with the Government or in the armed forces. Under the
resolution, those holding such jobs were to be retired involuntarily. The
Government made clear that for the purposes of this resolution, a family
member would be defined as a parent, a child, a sibling, or a member of the
same household. The Government states that 429 civil servants, many of them
ethnic Nepalese, were retired compulsorily in accordance with the July 1997
National Assembly resolution, and that the program was terminated in
November. The Government states that those forced to retire were accorded
retirement benefits in proportion to their years of government service. The
Government also began a program of resettling Buddhist Bhutanese from other
regions of the country on land in the southern part of the country vacated
by the ethnic Nepalese now living in refugee camps in Nepal. Human rights
groups maintain that this action prejudices any eventual outcome of
negotiations over the return of the refugees to the country. The Government
maintains that this is not its first resettlement program and that Bhutanese
citizens who are ethnic Nepalese from the south sometimes are resettled on
more fertile land in other parts of the country. The failure of the
Government to permit the return of ethnic Nepalese refugees has tended to
reinforce societal prejudices against this group, as has the Government's
policy on forced retirement of refugee family members in government service
and the resettlement of Buddhists on land vacated by expelled ethnic
Nepalese in the south.
Section
6 Worker Rights
The Right of Association
Trade unions
are not permitted, and there are no labor unions. Workers do not have the
right to strike, and the Government is not a member of the International
Labor Organization.
The Right to Organize and Bargain Collectively
There is no
collective bargaining in industry. Industry accounts for about 25 percent
of the GDP, but employs only a minute fraction of the total work force. The
Government affects wages in the manufacturing sector through its control
over wages in state-owned industries. There are no export processing zones.
Prohibition of Forced or Compulsory Labor
The
Government abolished its system of compulsory labor taxes in December 1995.
Laborers in rural development schemes previously paid through this system
now are paid regular wages. There is no evidence to suggest that domestic
workers are subjected to coerced or bonded labor. The law does not
specifically prohibit forced and bonded labor by children, but such
practices are not known to occur.
Status of Child Labor Practices and Minimum Age for Employment
The law sets
the minimum age for employment at 18 years for citizens and 20 years for
noncitizens. A UNICEF study suggested that children as young as 11 years
sometimes are employed with road-building teams. The Government provides
free and compulsory primary school education, and 72 percent of the
school-aged population is enrolled (see Section 5). Children often do
agricultural work and chores on family farms. There is no law barring
ethnic Nepalese children from attending school. However, most of the 75
primary schools in southern areas heavily populated by ethnic Nepalese that
were closed in 1990 remain closed today. The closure of the schools acts as
an effective barrier to the ability of the ethnic Nepalese in southern areas
to obtain a primary education. In the early 1990's, children who failed
their school examinations were compelled to join the armed forces (despite
the fact that the minimum age of recruitment is age 18). This practice of
conscription has ended. The law does not specifically prohibit forced and
bonded labor by children, but such practices are not known to occur (see
Section 6.c.).
Acceptable Conditions of Work
A circular
effective in February 1994 established wage rates, rules and regulations for
labor recruiting agencies, and regulations for payment of workmen's
compensation. Wage rates are revised periodically, and range upward from a
minimum of roughly $1.50 (50 ngultrums) per day for unskilled and skilled
laborers, with various allowances paid in cash or kind in addition. This
minimum wage provides a decent standard of living for a worker and family in
the local context. The workday is defined as 8 hours with a 1-hour lunch
break. Work in excess of this must be paid at one and one-half times normal
rates. Workers paid on a monthly basis are entitled to 1 day's paid leave
for 6 days of work and 15 days of leave annually. The largest salaried work
force is the government service, which has an administered wage structure
last revised in 1988 but supplemented by special allowances and increases
since then, including a 25 percent increase in July 1997. Only about 30
industrial plants employ more than 50 workers. Smaller industrial units
include 69 plants of medium size, 197 small units, 692 "mini" units, and 651
cottage industry units. The Government favors a family-owned farm policy;
this, along with the country's rugged geography, and land laws that prohibit
a farmer from selling his last 5 acres and that require the sale of holdings
in excess of 25 acres, result in a predominantly self-employed agricultural
work force. Workers are entitled to free medical care within the country.
They are eligible for compensation for partial or total disability, and in
the event of death, their families are entitled to compensation. Existing
labor regulations do not grant workers the right to remove themselves from
work situations that endanger health and safety without jeopardizing their
continued employment.
Trafficking in Persons
The law does
not prohibit trafficking in persons, and there were no reports that persons
were trafficked to, from, within, or through the country. [End.]
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