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TITLE: APPENDIX A (PREPARATION OF HUMAN RIGHTS REPORTS
DATE: JANUARY 31, 1994
APPENDIX A
Notes on Preparation of the Reports
The annual Country Reports on Human Rights Practices are based
upon all information available to the United States Government.
Sources include American officials, officials of foreign
governments, private citizens, victims of human rights abuse,
congressional studies, intelligence information, press reports,
international organizations, and nongovernmental organizations
concerned with human rights. We are particularly appreciative
of, and make reference in most reports to, the role of
nongovernmental human rights organizations, ranging from groups
in a single country to major organizations that concern
themselves with human rights matters in larger geographic regions
or over the entire world. While much of the information we use
is already public, information on particular abuses frequently
cannot be attributed, for obvious reasons, to specific sources.
The reports by law must be submitted to Congress by January 31.
To comply, United States diplomatic missions are given guidance
in September for submission of draft reports in October, which
are updated by year's end as necessary. Contributions are
received from appropriate offices in the Department of State, and
a final draft is prepared under the coordination of the Bureau of
Human Rights and Humanitarian Affairs. Because of the
preparation time required, it is possible that developments in
the latter part of the year may not be fully reflected; moreover,
reports from some of the nongovernmental organizations are for
periods ending well before the end of the year. We make every
effort to include reference to major events or significant
changes in trends.
We have attempted to make these country reports as comprehensive
as space will allow, while taking care to make them objective and
as uniform as possible in both scope and quality of coverage. We
have given particular attention to attaining a high standard of
consistency despite the multiplicity of sources and the obvious
problems related to varying degrees of access to information,
structural differences in political and social systems, and
trends in world opinion regarding human rights practices in
specific countries.
It is often difficult to evaluate the credibility of reports of
human rights abuses. With the exception of some terrorist
groups, most opposition groups and certainly most governments
deny that they commit human rights abuses and often go to great
lengths to cover up any evidence of such acts. There are often
few eyewitnesses to specific abuses, and they frequently are
intimidated or otherwise prevented from reporting what they know.
On the other hand, individuals and groups opposed to a particular
government sometimes have powerful incentives to exaggerate or
fabricate abuses, and some governments similarly distort or
exaggerate abuses attributed to opposition groups. We have made
every effort to identify those groups (e.g., government forces,
terrorists, etc.) that are believed, based on all the evidence
available, to have committed human rights abuses. Where credible
evidence is lacking, we have tried to indicate why. Many
governments that profess to oppose human rights abuses in fact
secretly order or tacitly condone them or simply lack the will or
the ability to control those responsible for them. Consequently,
in judging a government's policy, it is important to look beyond
statements of policy or intent in order to examine what in fact a
government has done to prevent human rights abuses, including the
extent to which it investigates, tries, and appropriately
punishes those who commit such abuses. We continue to make every
effort to do that in these reports.
There is a conceptual difficulty in applying a single standard of
evaluation to societies with differing cultural and legal
traditions. There is also a problem of perspective in discussing
countries that face differing political and economic realities,
which must be taken into account in describing the human rights
environment. Rather than viewing a country in isolation, these
reports take as their point of departure the world as it is and
then seek to apply a consistent approach in assessing each
country's human rights situation. While we have tried to make
each report self-contained by including enough background
information to place the human rights situation in context,
readers who need to delve more deeply may wish to consult other
sources, including previous country reports.
To increase uniformity, the introductory section of each report
contains a brief setting, indicating how the country is governed
and providing the context for examining the country's human
rights performance. A description of the political framework and
the role of security and law enforcement agencies with respect to
human rights is followed by a brief characterization of the
economy. The setting concludes with an overview of human rights
developments in the year under review, mentioning specific areas
(e.g., torture, freedom of speech and press) in which abuses
occurred.
There are two format changes in this year's report. Public law
103-87, enacted on September 30, 1993, requires that the reports
include "an examination of the discrimination against people with
disabilities," including whether the government has enacted
legislation or otherwise mandated provision of accessibility to
public buildings. As a result, the heading of Section 5 has been
changed to: "Discrimination Based on Race, Sex, Religion,
Disability, Language, or Social Status," and the topic is
discussed in each report. The second change is the use of
subtitles in Section 5 to make that section more readable and to
enable readers searching for information on discrimination
against specific groups to find it more readily. We have
continued the effort from previous years to expand reporting on
the human rights of women, children and indigenous people. We
discuss in the appropriate section of the report any abuses that
are targeted specifically against women (e.g., rape or other
violence perpetrated by governmental or organized opposition
forces, or legal restrictions on freedom of movement).
Socioeconomic discrimination; societal violence against women,
children or minority group members; and the efforts, if any, of
governments to combat these problems continue to be discussed in
Section 5.
The following notes on specific categories of the report are not
meant to be comprehensive descriptions of each category but to
provide definitions of key terms used in the reports and to
explain the organization of material within the format:
Political and Other Extrajudicial Killing--Includes killings in
which there is evidence of government instigation without due
process of law, or of political motivation by government or by
opposition groups; also covers extrajudicial killings (e.g.,
deliberate and illegal use of lethal force by the police,
security forces, or other agents of the State whether against
criminal suspects or others or deaths in official custody
resulting from unnatural causes or under suspicious
circumstances); excludes combat deaths and killings by common
criminals, if the likelihood of political motivation can be ruled
out (see also Section 1.g.).
Disappearance--Covers unresolved cases in which political
motivation appears likely and in which the victims have not been
found or perpetrators have not been identified; cases eventually
classed as political killings are covered in the above category,
those eventually identified as arrest or detention are covered
under "Arbitrary Arrest, Detention, or Exile."
Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment--Torture is here defined as an extremely severe form
of cruel, inhuman, or degrading treatment or punishment,
committed by or at the instigation of government forces or
opposition groups, with specific intent to cause extremely severe
pain or suffering, whether mental or physical. Discussion
concentrates on actual practices, not on whether they fit any
precise definition, and includes use of physical and other force
that may fall short of torture but which is cruel, inhuman, or
degrading.
Arbitrary Arrest, Detention, or Exile--Covers cases in which
detainees, including political detainees, are held in official
custody without charges or, if charged, are denied a public
preliminary judicial hearing within a reasonable period.
Denial of Fair Public Trial--Describes the court system and
evaluates whether there is an independent judiciary and whether
trials are both fair and public (failure to hold any trial is
noted in the category above); includes discussion of "political
prisoners" (political detainees are covered above), defined as
those imprisoned for essentially political beliefs or nonviolent
acts of dissent or expression, regardless of the actual charge.
Arbitrary Interference with Privacy, Family, Home, or
Correspondence--Discusses the "passive" right of the individual
to noninterference by the State; includes the right to receive
foreign publications, for example, while the right to publish is
discussed under "Freedom of Speech and Press"; includes the right
to be free from coercive population control measures, including
coerced abortion and involuntary sterilization but does not
include cultural or traditional practices, such as female genital
mutilation, which are addressed in Section 5.
Use of Excessive Force and Violations of Humanitarian Law in
Internal Conflicts--Includes indiscriminate, nonselective
killings arising from excessive use of force, e.g., by police in
putting down demonstrations (deliberate, targeted killing would
be discussed in Section l.a.). Also includes abuses against
civilian noncombatants. For reports in which use of this section
would be inappropriate, i.e., in which there is no significant
internal conflict, use of excessive force by security forces is
discussed in Section 1.a. if it results in killings or in Section
1.c. if it does not.
Freedom of Speech and Press--Evaluates whether these freedoms
exist and describes any direct or indirect restrictions.
Includes discussion of academic freedom.
Freedom of Peaceful Assembly and Association--Evaluates the
ability of individuals and groups (including political parties)
to exercise these freedoms. Includes the ability of trade
associations, professional bodies, and similar groups to maintain
relations or affiliate with recognized international bodies in
their fields. The right of labor to associate and to organize and
bargain collectively is discussed under Section 6, Worker Rights
(see Appendix B).
Freedom of Religion--Includes the freedom to publish religious
documents in foreign languages; addresses the treatment of
foreign clergy and whether religious belief affects membership in
a ruling party or a career in government.
Freedom of Movement Within the Country, Foreign Travel,
Emigration, and Repatriation--Includes discussion of forced
resettlement; "refugees" may refer to persons displaced by civil
strife or natural disaster as well as persons who are "refugees"
within the meaning of the Refugee Act of 1980, i.e., persons with
a "well-founded fear of persecution" in their country of origin
or, if stateless, in their country of habitual residence, on
account of race, religion, nationality, membership in a
particular social group, or political opinion.
Respect for Political Rights: The Right of Citizens to Change
Their Government--Discusses the extent to which citizens have
freedom of political choice and can change the laws and officials
that govern them; assesses whether elections are free and fair.
Governmental Attitude Regarding International and Nongovernmental
Investigation of Alleged Violations of Human Rights--Discusses
whether the government permits the free functioning of local
human rights groups (including the right to investigate and
publish their findings on alleged human rights abuses) and
whether they are subject to reprisal by government or other
forces. Also discusses whether the government grants access to
and cooperates with outside entities (including foreign human
rights organizations, international organizations, and foreign
governments) interested in human rights developments in the
country.
Discrimination Based on Race, Sex, Religion, Disability,
Language, or Social Status--This year, every report contains a
subheading on Women, Children, and People With Disabilities. As
appropriate, some reports also include subheadings on Indigenous
People, National/Racial/Ethnic Minorities, and Religious
Minorities. Discrimination against groups not fitting one of the
above subheadings is discussed in the introductory paragraphs of
Section 5. In this section we address discrimination and abuses
not discussed elsewhere in the report instigated or condoned by
the government, and, where not condoned, efforts by the
government to counter them. This includes restricted access to
employment, housing, education, or to other economic, social, or
cultural opportunities. (Abuses by government or opposition
forces, such as killing, torture and other violence, or
restriction of voting rights or free speech targeted against
specific groups would be discussed under the appropriate
preceding sections.) Government tolerance of societal violence
or other abuse against women, e.g., "dowry deaths" and wife
beating, is discussed in this section. Female genital mutilation
(circumcision), because it is most often performed on children,
is discussed under that subheading.
Worker Rights -- See Appendix B.
Worker Rights -- See Appendix B. (###)
[end of document]

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