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TITLE: NAURU HUMAN RIGHTS PRACTICES, 1993
DATE: JANUARY 31, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
NAURU
The Republic of Nauru, a small Pacific island with about 9,500
inhabitants, gained independence in 1968, at which time it
adopted a modified form of parliamentary democracy. Prior to
independence it had been administered by Australia.
Nauru has two levels of government, the unicameral Parliament
and the Nauru Island Council (NIC). Parliamentary elections
must be held at least triennally. The Parliament, consisting
of 18 members from 14 constituencies, is responsible for
national and international matters. It elects the President,
who is both head of state and head of government, from among
its members. The NIC acts as the local government and is
responsible for public services. The judiciary is
independent. Nauru has no armed forces, though it does
maintain a 92-man police force under civilian control.
The economy depends almost entirely on the country's rich
phosphate deposits, mined by the government-owned Nauru
Phosphate Corporation (NPC). The Government places a large
percentage of the NPC's earnings in long-term investments meant
to support the Nauruans after the phosphate reserves have been
exhausted. Using current extraction techniques, Nauru's
phosphate reserves will probably be exhausted by the year
2000. The Governments of Nauru and Australia reached a $70.4
million out-of-court settlement in July for rehabilitation of
the Nauruan lands ruined by Australian phosphate mining.
Fundamental human rights are provided for in the Constitution
and generally respected in practice, although hard data and
systematic records are lacking. Discrimination and violence
against women remain the principal human rights problems.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political and Other Extrajudicial Killing
There were no political or other extrajudicial killings in 1993.
b. Disappearance
There were no political disappearances in 1993.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
The Constitution prohibits these practices, and this
prohibition is respected.
d. Arbitrary Arrest, Detention, or Exile
The constitutional prohibition against arbitrary arrest and
detention is honored. The police may hold a person for no more
than 24 hours without a hearing before a magistrate. Exile is
not practiced.
e. Denial of Fair Public Trial
Nauru maintains an independent judiciary, and constitutional
provisions for both a fair hearing and a public trial are
respected. Defendants may have legal counsel, and a
representative will be appointed when required "in the interest
of justice." Nauru has only two trained lawyers, and many
people are represented in court by "pleaders," trained
paralegals certified by the Government. There are no political
prisoners.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence
The Constitution generally provides protection from these
abuses. Searches not sanctioned by court order are prohibited,
and there is no surveillance of individuals or of private
communications. Nauruan citizenship and inheritance rights are
traced through the female line. Until very recently, laws
restricted intermarriage of Nauru men and women with
non-Nauruans. Although the laws have changed and such
intermarriage is practiced and permitted, intermarriage between
Nauru women and foreign males still draws substantial social
censure. The spouses--male or female--of Nauru citizens have
no automatic right of abode in Nauru. They are, however,
normally granted short-term "visits" sponsored by the Nauru
spouse or they can apply for longer-term work permits. Foreign
spouses are not eligible for Nauru citizenship.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Constitution provides for freedom of expression. News and
opinion circulate freely, rapidly, and widely by the press and
word of mouth. The country has two regular publications: the
private, fortnightly newspaper, the Central Star News, which
operates and editorializes freely; and the Government Gazette,
which contains mainly official notices and announcements. The
sole radio station, also owned and operated by the Government,
broadcasts Radio Australia and British Broadcasting Corporation
news reports but not local news. Satellite reception of pay
television, broadcast from New Zealand, became available in
1991.
Foreign publications are widely available. However, during the
July South Pacific Forum meeting in Nauru, authorities banned
the then-current issue of Pacific Islands Monthly, which
strongly criticized the financial management and decisions of
government investment trust managers regarding Nauru's
phosphate resources and income. The issue was available,
nonetheless, and no one was detained for possession of it.
There are no prohibitions or restrictions on academic freedom.
b. Freedom of Peaceful Assembly and Association
The constitutional right of peaceful assembly and association
is honored. No limitations exist on private associations, and
no permits need be obtained for public meetings. There were
several peaceful demonstrations during the July South Pacific
Forum meeting against various government policies and actions.
c. Freedom of Religion
The Constitution protects freedom of religion, and the
Government recognizes no religion as official. Several
different Christian denominations are well established in
Nauru. Missionaries, foreign clergy, and religious publishing
are all permitted. Adherence to a particular faith results in
no advantage or disadvantage in any secular pursuit.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Nauruans are free to move and travel both domestically and
internationally. Foreign workers must apply to their employers
for permission to leave during the period of their contracts.
They may break the contract and leave without permission but
would lose their positions and, often, a sizable bond as a
result. In most cases, foreign employees whose contracts are
terminated by their employers must leave Nauru within 60 days.
Nauru does not revoke citizenship for political reasons.
Citizens who have left the country have the right to return,
and repatriates receive the same treatment as other citizens.
No restrictions on emigration exist.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Citizens have, and exercise, the right to change their
government. Though Nauru has no organized political parties,
persons with diverse points of view run for and are elected to
Parliament and to the NIC.
Parliament elects the President. Nauru has had seven changes
in presidential leadership since independence. Power has
always been transferred peacefully and in accordance with the
Constitution. Continuing this tradition, Bernard Dowiyogo was
reelected to his parliamentary seat and the Presidency in
November 1992. Voting, by secret ballot, is compulsory for all
citizens over age 20 for parliamentary elections. There have
been multiple candidates for all parliamentary seats during
recent elections. The approximately 3,000 guest workers in
Nauru have no voice in political decisions. There are no legal
impediments to participation in politics by women, and women
have in the past served in Parliament, although none of the 18
current parliamentarians are women.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
There are no restrictions on establishing local groups that
concern themselves specifically with human rights, but to date
none has been formed. There have been no allegations by
outside organizations of human rights violations in Nauru, nor
any requests for investigations.
Section 5 Discrimination Based on Race, Sex, Religion,
Disability, Language, or Social Status
Women
The Constitution contains provisions assuring women the same
freedoms and protections as men. They are provided equal
opportunities by the Government in education and employment and
are free to own property and pursue private interests. Social
values have, however, changed very slowly, and women still
receive clear signals that their ultimate goal should be
marriage and raising a family. Young women studying abroad on
scholarship and contemplating marriage face review and possible
termination of their educational grants as it is assumed that
they will leave the work force and thus not require additional
academic training.
Nauru's population has been almost eliminated on several
occasions, first by disease and drought, then during World War
II as a result of massive removals by the Japanese. The
Government has gone to great lengths to encourage large
families, and Nauruan women complain that emphasis on their
reproductive role reduces their opportunities.
Previous Nauruan governments have shown little interest in the
problems of women. Nauruan authorities give high priority to
improved health care and education, but the island has no
gynecologists. The Government has not specifically addressed
the physical abuse of women, which anecdotal evidence indicates
to be a serious problem, though there are no statistics showing
its extent. Alcohol abuse is generally considered a major
contributing factor.
Children
Child abuse statistics do not exist, but as with violence
against women, it can be assumed that alcohol abuse sometimes
leads to child neglect or abuse. The Government devotes
considerable attention to the welfare of children, with
particular stress on their health and educational needs.
National/Racial/Ethnic Minorities
Foreign laborers, mainly from Vanuatu, Kiribati, and Tuvalu,
experience some discrimination. While guest workers are
provided free housing, the shelters they are given are often
poorly maintained and overcrowded. Some guest workers have
alleged that Nauruan police rarely act on complaints they make
against Nauruan citizens.
People with Disabilities
There is no reported discrimination against persons with
disabilities in employment, education, and provision of state
services. There is, however, no legislation or mandated
provisions of accessibility for the disabled.
Section 6 Worker Rights
a. The Right of Association
The Constitution provides for the right to assemble and
associate peacefully and to form and belong to trade unions or
other associations. However, there are currently no trade
unions in Nauru, and past efforts to form them were officially
discouraged and ultimately failed. The transient nature of the
mostly foreign work force and the relative prosperity of the
Nauruans have also served to hamper efforts to organize the
labor force. The right to strike is neither protected,
prohibited, nor limited by law. No strikes took place in
1993. Nauru is not a member of the International Labor
Organization.
b. The Right to Organize and Bargain Collectively
Nauru has virtually no labor laws. The private sector in Nauru
employs only about 1 percent of Nauru's salaried workers. For
government workers, public service regulations determine
salaries, working hours, vacation periods, and other employment
matters. There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor
The Constitution forbids forced or compulsory labor, and there
have been no instances of either.
d. Minimum Age for Employment of Children
Education is compulsory until age 16; Nauruan law sets 17 as
the minimum age of employment. This is honored by the only two
large employers, the Government and the NPC. Some children
under age 17 work in the few small family owned businesses.
e. Acceptable Conditions of Work
Minimum wages paid on Nauru vary considerably between office
workers and manual laborers, but they suffice to provide an
adequate, if modest, standard of living. Thanks to yearly
dividends paid to Nauruans by the phosphate trust, most
families live in simple but adequate housing and almost every
Nauruan family owns at least one car or truck. The Government
sets the minimum wage for Nauruans administratively for both
public and private sectors. Since November 1992, that rate has
been $5,958 ($A9,056) for those 21 years of age or older. The
rate is progressively lower for those under 21 years of age,
dropping to $2,957 ($A4,521) for those age 16. Employers
determine wages for foreign contract workers based on market
conditions and the consumer price index. Usually foreign
workers and their families receive free housing, utilities,
medical treatment, and often a food allowance. By regulation
the workweek for office workers is 36 hours and for manual
laborers 40 hours in both the public and private sectors.
The Government sets health and safety standards. The state-run
mining enterprise, NPC, has an active safety program that
includes worker education and the use of safety helmets, safety
shoes, respirators for dusty conditions, and other safety
measures. The NPC has a safety officer, specifically
responsible for improving safety standards and compliance
throughout the company.
[end of document]
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