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TITLE: URUGUAY HUMAN RIGHTS PRACTICES, 1993
DATE: JANUARY 31, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
URUGUAY
Uruguay is a constitutional republic governed by an elected
President and a bicameral legislature with an independent
judicial branch. Its longstanding democratic tradition was
interrupted by 12 years of military rule from 1973 to 1985. On
March 1, 1990, following a free and fair election in November
1989, power was transferred from one elected civilian president
to another for the first time since the return to constitutional
government in 1985. Political parties, the press, labor
unions, private interest groups, and other nongovernmental
groups function freely, and political debate is vigorous and
unrestricted.
The small military establishment, consisting of an army, an air
force, and a navy, is under the supervision of the Ministry of
Defense. The military does not participate in domestic
security matters unless ordered to do so by the civilian
authorities. Domestic security and public safety matters are
under the jurisdiction of the Interior Ministry, which
administers all the country's police departments. The police
were again responsible for physical abuse of detainees in 1993.
A middle income country with a per-capita gross domestic
product of $3,900 in 1993, Uruguay's economy is heavily
dependent on agricultural exports and agroindustry. The
economy grew by 7.9 percent in 1992 and was projected to grow
by 4 to 5 percent in 1993. The economy is a mixture of private
enterprise and state entities; private property rights are
respected. The current administration attempted to carry out a
program of modernization and reform of the economy in order to
improve its competitiveness in world markets. Privatization, a
key element of the program, was set back when a proposal to
privatize the telephone company was roundly defeated in a
referendum in December 1992.
Uruguayans enjoy a broad range of individual rights and
liberties. However, reports of police abuse of detainees
persist, and few--if any--police have been convicted and
punished for such abuse. Prison conditions remain generally
poor, but some improvements were made in the country's largest
prison. Increased attention to the issue has publicized the
high level of violence against women. The small Afro-Uruguayan
community faces social, economic, and cultural impediments to
advancement.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political and Other Extrajudicial Killing
No cases of politically motivated killing were reported.
b. Disappearance
No known or reported incidents of politically motivated
abductions or disappearances occurred in 1993.
The 1986 Expiry Law, which was endorsed by a general referendum
in 1989, blocks investigations into killings, torture, and
disappearances which occurred during the military regime. In
March the Inter-American Commission on Human Rights, an arm of
the Organization of American States, found this law
incompatible with treaty obligations under the American
Convention on Human Rights. The Uruguayan Government strongly
disputed the report, and there is very little will among
politicians or the general public to reopen this subject.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
The Constitution prohibits brutal treatment of prisoners.
However, there were reports of physical abuse of detainees by
police. Physical abuse is most often alleged in the hours
immediately following an arrest. Minors are thought to be
particularly vulnerable to abuse.
In March, after having confessed to 14 robberies, a detainee
was taken before a Montevideo judge for processing. He
retracted his confession and charged that the police had
tortured him with an electrical device. The judge ordered an
immediate search of the police station, and the device was
found. Four policemen were charged with personal injury and
suspended from their jobs. The internal investigation was
still in progress at year's end.
In 1992 the Interior Ministry established an internal section
responsible for monitoring police conduct. The judicial and
parliamentary branches of government also investigate specific
allegations of abuse. Nonetheless, human rights monitors
insist that many cases of abuse go unreported and that police
are seldom convicted and punished for such abuse.
Conditions in prisons and juvenile detention facilities
generally remained poor. Complaints commonly voiced by
government and independent human rights investigators included
delapidated buildings and equipment, poor sanitary conditions,
inadequately staffed and equipped on-site clinics, and a lack
of training, educational, and recreational opportunities. A
shortage of resources and to some extent poor prison
administration hamper improvement. One local group that
monitors prison conditions cited some improvement in the
country's largest prison but said that conditions in prisons
outside the capital remain poor.
d. Arbitrary Arrest, Detention, or Exile
The Constitution requires the police to have a written warrant
issued by a judge before they can make an arrest. The only
exception is when the accused is apprehended during commission
of a crime. The Constitution also guarantees the accused the
right to a judicial determination of the legality of detention
and requires that the detaining authority explain the legal
grounds for the detention. A detainee may be held
incommunicado by the police for 24 hours before being presented
to a judge, at which time he or she has the right to counsel.
If the detainee cannot afford a lawyer, a public defender is
appointed. The judicial process must begin within 48 hours;
failure to comply has led to the release of accused persons.
If the crime carries a penalty of at least 2 years in prison,
the accused person is confined during the judge's investigation
of the charges unless the authorities agree to release the
person on bail, or until the case is closed. These
constitutional provisions are generally respected in practice.
e. Denial of Fair Public Trial
The Constitution provides for an independent judiciary, headed
by a Supreme Court, which supervises the work of the lower
courts. There is a parallel military court system that
operates under a military justice code. Two military justices
sit on the Supreme Court but participate only in cases
involving the military. Military justice is applied to
civilians only during a state of war or insurrection. The
independence of the judiciary is well respected in practice.
All criminal trials must open with a public statement of the
charge by the prosecutor or the complainant. Trial proceedings
were formerly based on written arguments, which were not
normally made public, but the defense attorney had access to
all documents that formed part of the written record. Oral
argument, introduced in 1990 and now increasingly used in the
Uruguayan system, has resulted in a more open and transparent
legal process. Under Uruguayan law, there is no provision
against self-incrimination, and the defendant may be compelled
to answer any questions posed by the judge. All convictions
may be appealed by the defense attorney or prosecutor to a
higher court which may acquit the person of the crime, confirm
the conviction, or reduce or increase the sentence.
Uruguay has no political prisoners and does not punish
political activity.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The Constitution protects the right to privacy. It states that
the home, absolutely inviolable at night, may be entered and
searched only with a judicial warrant during the day.
Protection for private papers and correspondence is equally
strong, and a warrant is required for confiscation. These
rights and safeguards are generally respected in practice. In
August, however, the Minister of Defense resigned after some of
his subordinates were placed under house arrest for electronic
eavesdropping without his authorization. The subordinates were
purportedly trying to discover who was responsible for a series
of 1992 bombings, allegedly carried out by a radical faction
within the armed forces.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Constitution provides for freedom of speech and press. All
elements of the political spectrum freely express their
viewpoints in both the print and broadcast media. Montevideo
has 8 daily newspapers and 6 important weeklies; there are
approximately 100 weekly and a few daily newspapers elsewhere.
Montevideo has one government-affiliated and three commercial
television stations. There are about 110 radio stations and 20
television stations in the country. A 1989 law stipulates that
expression and communication of thoughts and opinions are
entirely free, within the limits contained in the Constitution
and the law, and outlines methods of responding to "inexact or
aggravating information." The same law calls for from 3 months
to 2 years of imprisonment for "knowingly divulging false news
that causes a grave disturbance to the public peace or a grave
prejudice to economic interests of the State" or for "insulting
the nation, the State, or their powers."
In June this law was used to prosecute three reporters for
slandering the President; they were sentenced to 6 months'
probation. In November a retired general was sentenced to
8 months' probation after a newspaper published his "open
letter to the President" criticizing cuts in military
retirement pay. This law, and its intermittent application,
serve as notice that there are certain limits on freedom of
expression and that the limits will be enforced.
The National University is autonomous, and academic freedom is
generally respected.
b. Freedom of Peaceful Assembly and Association
The law protects freedom of assembly and association.
Formerly banned groups, such as the Tupamaros (a terrorist
movement active in the 1960's and early 1970's), freely
organize and express their opinions. Public marches and
demonstrations are allowed with permits from the Ministry of
the Interior and occur without official harassment or
intimidation.
c. Freedom of Religion
Freedom of religion, provided for by the Constitution, is
respected in practice. Most Uruguayans who practice a religion
are Roman Catholic. Members of other religious groups exercise
their faiths unhindered, and missionaries are free to
proselytize. Uruguayans who profess agnosticism or atheism
express their views freely.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Internal and foreign travel and emigration are unrestricted.
Uruguayans who left the country during the military regime and
wish to return are encouraged to do so. All of the prominent
political figures exiled by the military regime have returned.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Uruguayan citizens have the right and ability peacefully to
change their government. Uruguay is a multiparty democracy
with mandatory universal suffrage for those 18 years of age or
older. Voting is not restricted by race, sex, religion, or
economic status. The Colorado party, the National (Blanco)
party, the Broad Front coalition, and the New Space coalition
are the four major political groupings. Each allows
ideological divisions within the party, and each such division
may field its own slate of candidates in general elections.
The electoral system combines a primary and a general election
in a double simultaneous vote. Each party fields different
lists of candidates; in essence, voters express a preference
for a party and for a list of candidates rather than for an
individual candidate.
The winning list of the party that receives the most votes wins
the presidency and a proportion of seats in the Senate and
Chamber of Deputies corresponding to the percentage of votes
that the party as a whole received. A party therefore may run
multiple presidential candidates, each with his or her own
slate of legislative candidates. National and provincial
elections are held simultaneously every 5 years. Blacks and
women face de facto impediments to participation in politics
and employment in government (see Section 5).
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
Local human rights groups, some of which could not operate
openly under military rule, now function freely and without
restriction. A prominent local human rights group, Service for
Peace and Justice (SERPAJ), was legalized in early 1985 after
operating underground for 2 years during the military regime.
Another group, the Legal and Social Institute of Uruguay,
consists of lawyers and social workers who focus on juridical
aspects of human rights cases. Both groups began by
investigating killing, torture, and disappearances that
occurred during the military regime. They now investigate and
report on many other aspects of human rights, including police
abuse, prison conditions, and rights of women and children.
The Government is open to inquiries from such organizations and
does not restrict the activities of human rights investigators.
The Government has also fully complied with U.N. Human Rights
Commission inquiries dating from the military regime period and
is a strong supporter of, and participant in, human rights
activities in international forums such as the United Nations
and the Organization of American States.
Section 5 Discrimination Based on Race, Sex, Religion,
Disability, Language, or Social Status
Discrimination based on race, sex, religion, language, or
social status is prohibited by the Constitution and by law. A
law passed in 1989 prohibits discrimination against the
disabled. Despite these prohibitions, discrimination based
upon sex and race exist.
Women
Uruguayan women enjoy equality under the law but face a number
of forms of discrimination stemming from traditional attitudes
and practices. Recent surveys show that the work force remains
segregated by gender and race. Women make up about a third of
the work force but tend to be concentrated in lower paying
jobs. They attend the National University in large numbers and
often pursue professional careers. About 50 percent of
Uruguay's judges are women, but women are underrepresented in
other professions such as engineering or architecture. Women
are also found at the highest levels of the Uruguayan private
or public sectors, but they remain largely marginalized from
mainstream politics and underrepresented in most important
government and political party offices. Conscious of these
problems, the Government established the National Institute for
Women to collect data on women's issues and to address these
issues more effectively.
Uruguayan society is increasingly sensitive to the question of
violence against women. Each year, the police process about
1,700 domestic violence cases (including violence against
children). Nongovernmental organizations estimate, however,
that the actual number of cases is probably 10 times that
figure. Rape statistics have increased sharply, possibly
because victims are more willing to report the crime. The
Interior Ministry has a women's division in the police force
concerned exclusively with crimes against women and minors.
The Penal Code mandates prison sentences from 3 months to
3 years for the crime of "private violence." Many women are
unable to make and sustain complaints under this law, however,
especially when they continue to reside with their partners.
Two private shelters for battered women have been opened in
Montevideo. Some private women's rights groups offer
counseling services, and the Montevideo municipality operates a
24-hour hot line for victims of domestic violence.
Children
The Government is committed to protecting the rights and
welfare of children. There are no patterns of government
abuse, although there continue to be some reports of police
abuse of detained minors. In 1992 approximately 10.5 percent
of the national budget was designated for preuniversity
education; another 1.8 percent was allocated to the National
Institute for Minors, which has responsibility for most other
programs concerning the welfare of minors. A local human
rights group estimates that there are approximately 1,000
street children in Montevideo. There are another 100 in
juvenile institutions. These institutions offer very little in
the way of education, rehabilitation, or training. An
estimated 60 percent of adult prisoners have formerly passed
through the juvenile justice system.
National/Racial/Ethnic Minorities
Approximately 6 percent of Uruguay's population, or 180,000
people, belong to the country's black minority. Blacks are
underrepresented among elite groups, particularly the
bureaucratic, political, and academic sectors of society. One
report put the number of black university graduates at 65 and
black professionals at fewer than 50. They lack the educational
opportunities and social and political connections necessary
for entry into these groups. Black leaders say that 75 percent
of employed black women work as maids. Most citizens do not
believe that discrimination against minorities is a problem in
Uruguay, and the Government has not addressed this issue.
People with Disabilities
There are approximately 250,000 persons with disabilities in
Uruguay. A law covering the rights of the disabled was passed
in 1989 but had not been implemented by the end of 1993. The
law is mostly declarative, i.e., it does not stipulate specific
remedial measures or sanctions for not complying with these
measures. There is legislation requiring that 4 percent of
public sector jobs be reserved for the disabled. However, only
the municipality of Montevideo has made efforts to comply with
this law.
Section 6 Worker Rights
a. The Right of Association
The Constitution guarantees the right of workers to organize
freely and encourages the formation of trade unions. Civil
servants and employees of state-run enterprises, as well as
private enterprise workers, may join unions. An estimated
17 percent of the work force is unionized. Labor unions are
independent of government and political party control.
Uruguayan workers, including some civil servants, have the
right to strike. Parliament did not approve proposed
legislation that would have required workers to vote by secret
ballot on whether to strike. The Labor Ministry office which
assists in mediating collective and individual labor disputes
is increasingly attempting to stay out of private sector
negotiations; members of the Parliament's labor commissions
occasionally mediate labor disputes on an ad hoc basis.
There was significant strike activity in 1993, including one in
the construction industry which lasted almost 3 months. The
Government may legally compel workers to work during a strike
if their work is considered an essential service. An essential
service is defined as one whose interruption "could cause a
grave prejudice or risk provoking suffering to part or all of
the society." While no institutionalized mechanism exists for
resolving complaints against employers, discrimination by
employers, including arbitrary dismissals for union activity,
generally is prohibited. In 1992 rubber workers' unions and
the Inter-Union Workers Assembly-National Workers Association
(PIT-CNT) filed a complaint with the International Labor
Organization (ILO) alleging that the Government had not
investigated the dismissal of trade union officials following a
strike. In May 1993, after examining the complaint and the
Government's response, the ILO's Committee on Freedom of
Association concluded that the case did not merit further
consideration. Its conclusion noted Uruguay's lack of
statutory provisions in this area and said that, while the
current system of protection against antiunion practices "does
not infringe ILO Convention No. 98," it "could be improved in
so far as accelerating the procedure."
There are no restrictions on a union's right to affiliate with
international trade union bodies. The largest trade union
confederation, the PIT-CNT, is by choice not officially
affiliated with any of the three world federations. Many
individual unions are affiliated with international trade
secretariats.
b. The Right to Organize and Bargain Collectively
Collective bargaining ceased during military rule. From the
return of civilian rule until March 1992, industrial contracts
were negotiated on a sector-wide rather than a plant-by-plant
basis, under the auspices of a salary council, a tripartite
organization composed of representatives from government,
labor, and management. The government representatives played
an active role in mediating these negotiations in some sectors;
in others, they functioned more as observers. Since March
1992, contracts may be negotiated on a plant-wide or a
sector-wide basis, with or without government mediation, as the
parties wish. Union leaders believe that the government
presence ensures contracts will be fulfilled and generally
object to reducing it in contract negotiations.
Workers employed in Uruguay's five special export zones are
fully covered by all labor legislation. There are no unions in
any of these zones, but there are as yet relatively few workers
in traditionally organizable occupations.
c. Prohibition of Forced or Compulsory Labor
Forced or compulsory labor is prohibited by law, and there is
no evidence of its existence.
d. Minimum Age for Employment of Children
Children are protected by a Child Labor Code, violations of
which are punishable by fines of up to $500. Children as young
as 12 may be employed if they have a special government work
permit. Children under the age of 18 may not perform
dangerous, fatiguing, or night work, apart from domestic
employment. Salaries and hours for children are controlled
more strictly than those for adults. Children over the age of
16 may sue in court for payment of wages, and children have the
legal right to dispose of their own income. Children working
in the expanding informal sector as street vendors or others
with no fixed place of work or in the agrarian sector are
generally less strictly regulated and receive lower pay.
e. Acceptable Conditions of Work
A legislated minimum monthly wage is in effect in both the
public and private sectors and appears to be effectively
enforced. The minimum wage is adjusted whenever public sector
wages are adjusted, usually once every 4 months. The minimum
wage as of September 1 was $86 (365 pesos). It functions more
as an index for calculating wage rates than as a true measure
of minimum subsistence levels and would not provide a decent
standard of living for a worker and family.
The standard workweek is 48 hours for a 6-day week. The Basic
Labor Law stipulates 48-hour weeks for industrial workers and
44-hour weeks for industrial office workers and commercial
personnel, with a 36-hour break each week. This law is
generally adhered to and adequately enforced. Industrial
workers receive overtime compensation for work in excess of 48
hours. Workers are entitled to 20 days of paid vacation after
a year of employment.
Workers are protected by legislation regulating health and
safety conditions; it is enforced by the Ministry of Labor and
Social Security in a generally effective manner. Some labor
regulations cover urban, industrial workers more adequately
than rural and agricultural workers.
[end of document]
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