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TITLE: PORTUGAL HUMAN RIGHTS PRACTICES, 1993
DATE: JANUARY 31, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
PORTUGAL*
The Republic of Portugal is a parliamentary democracy with a
President and Legislative Assembly freely elected by secret
ballot. Former Prime Minister and Socialist Party head Mario
Soares was elected Portugal's first civilian president in 60
years in 1986 and reelected by a wide margin in 1991. In
legislative elections in 1991, Prime Minister Cavaco Silva and
his Social Democratic Party (PSD) were returned to office with
an increased majority in Parliament.
Internal security is primarily the responsibility of the
Ministries of Justice and Internal Administration. Security
forces are fully controlled by and responsive to the Government.
Portugal has a market-based economy and is a member of the
European Community. An increasing proportion of the population
is employed in services, while employment in the agricultural
sector continues to decline and employment in the industrial
sector has been static.
Portuguese citizens enjoy a broad range of civil and other
human rights. Civil rights are outlined in the Constitution
with specific reference to the Universal Declaration of Human
Rights. An Ombudsman, chosen by the Assembly of the Republic
(legislature) to serve a 4-year term, is Portugal's chief civil
and human rights officer. Any citizen may apply to the
Ombudsman for relief. The Ombudsman receives about 3,000
complaints annually, most of them concerning cases of alleged
misadministration by Portugal's cumbersome bureaucracy and
delays in the judicial process. A government investigation of
allegations of police brutality, begun in 1992, continued, in
1993 with no results announced by year's end.
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 known instances of government-sanctioned
political or other extrajudicial killings. No killings were
attributed to domestic terrorist groups.
*A separate report on Macau, a dependency of Portugal off the
southern coast of China, follows this report.
b. Disappearance
Government or police authorities do not abduct, secretly
arrest, or otherwise illegally detain persons.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
The Constitution forbids torture, inhuman or degrading
treatment or punishment, and the use of evidence obtained under
torture in criminal proceedings. The Ombudsman investigates
complaints of mistreatment by police and prison authorities. A
formal investigation by the Provedor de Justica of allegations
of police brutality and mistreatment of prisoners, including
the seven unresolved complaints cited in Amnesty
International's (AI) Annual Report, began at the end of 1992.
This investigation continued through 1993, with no announced
results. In 1993 Portugal submitted to the Geneva-based
Committee Against Torture a report on torture and mistreatment
allegedly inflicted by Portuguese public security forces. AI,
an observer at the proceedings in Geneva, criticized this
report as lacking detailed information and statistics,
particularly concerning alleged incidents involving public
security police (PSP). AI noted also the lack of results from
the Provedor de Justica's inquiry. The PSP responded through a
press release by noting improvements in its selection and
training processes, internal disciplinary actions taken against
agents accused of maltreatment of citizens, and the dismissal
of 64 PSP members between 1991 and 1993 for disciplinary
reasons.
d. Arbitrary Arrest, Detention, or Exile
Under Portuguese law, an investigating judge reviews the case
against a person under arrest to determine whether that person
should be detained, released on bail, or released outright.
Persons may not be held for more than 48 hours without
appearing before an investigating judge. Investigative
detention is limited to a maximum of 6 months for each
suspected crime. If a formal charge has not been filed within
that period, the person detained must be released. In cases
involving serious crimes, such as murder or armed robbery, or
in cases involving more than one suspect, investigative
detention is permitted for up to 2 years and may be extended by
a judge to 3 years in extraordinary circumstances. A suspect
must be brought to trial within 18 months of being formally
charged if the suspect is held in preventive detention. If not
held, there is no specified period within which the suspect
must be brought to trial. The justice system has been
subjected to considerable criticism for a reported backlog of
half a million cases awaiting trial. The Government is taking
no specific actions to eliminate the backlog, which exacerbates
the problem through further buildup. Detainees have access to
lawyers, who are generally effective in protecting their
clients' rights. Defendants who cannot afford representation
have a lawyer appointed for them by the presiding judge, who
chooses from a list maintained by the Lawyers Association.
Fees are paid by the Government.
Exile and incommunicado detention are illegal and not practiced.
e. Denial of Fair Public Trial
Portugal has an independent and impartial judicial system. All
trials are public except those which may offend the dignity of
the victim, such as in cases involving the sexual abuse of
children. The accused is presumed innocent unless proven
guilty. In trials for serious crimes, a panel of three judges
(which does not include the investigating judge) presides. In
trials for lesser crimes, a single judge presides. A
ministerial delegate assists the judges in reviewing the
evidence. At the request of the accused, a jury may be used in
trials for major crimes. In practice, requests for jury trials
are extremely rare. Sentence may be passed only in the
presence of the defense attorney.
Portugal holds no political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The Constitution forbids forced entry into homes and searches
without a judicial warrant. In addition, entry into a person's
home at night requires the consent of the occupant. The State
does not intercept private correspondence or place wiretaps
except with a court order.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Freedom of speech and press is provided for in the Constitution
and respected by the State. The constitutionally mandated High
Commission for Social Communication acts as a watchdog to
protect freedom of speech and access to the media. The
Commission, members of which are chosen by the Government and
by the Assembly of the Republic, makes recommendations to the
Assembly and has enforcement powers. The academic community is
free to express its views.
The State owns two television channels. However, the provision
of the Constitution making television a state monopoly was
removed in 1990, and two privately owned television channels
now operate. One of them is owned by the Catholic Church.
In principle, the Government does not exercise direct control
over the state-owned television channels, though it does wield
considerable influence through personnel appointments.
Opposition parties sometimes charge that the state network
ignores or distorts opposition views and activities; station
news directors defend their decisions as based on editorial
judgments, not political partisanship. All political parties,
even very small ones, use their legal right to "antenna time"
during prime viewing and listening hours.
Privately owned radio stations have operated in Portugal since
1989. More than 250 local privately owned stations are on the
air. The entire spectrum of political thought is represented
in the press. There is no press censorship. All newspapers
are privately owned.
"Fascist" organizations are prohibited by law, although some
small, extreme rightwing groups hold meetings of their members
and run candidates for public office without interference. In
September, however, the Constitutional Court began for the
first time to consider whether a group--the National Action
Movement--should be banned as Fascist and for its involvement
in violent incidents. The Court did not reach a decision in
1993.
The law provides that a person may be prosecuted for
"insulting" certain state authorities if the "insult" is
intended to undermine the rule of law. There were no known
prosecutions for "insult" in this sense in 1993.
b. Freedom of Peaceful Assembly and Association
People have the right, in law and practice, to associate
formally or informally to promote nonviolent causes. Public
meetings or protests require 24-hour advance notice to the
civil governor of the region in which the event is to be held.
Permission is routinely granted. The official registration of
a new political party requires 5,000 signatures.
c. Freedom of Religion
Portugal does not have a state religion. The Government does
not interfere with the free practice of religion, missionary
work, or religious publications. These freedoms extend to the
foreign clergy, many of whom work in Portugal. Organized
religious groups may establish places of worship, train clergy,
and proselytize without government interference. To qualify as
tax-exempt institutions, religious groups must be established
as nonprofit, private societies.
Roman Catholicism is the predominant religion. Catholic
religious instruction is offered as an elective course in
public schools. Other denominations offer religious education
in their own institutions without interference. Success in a
civil, military, professional, or political career does not
depend upon adherence to a religious creed. There were no
reported cases of religious persecution in 1993.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
The Constitution provides for the right of freedom of movement,
foreign travel, and emigration. There are no restraints on
domestic travel or on the right of a person to change his
domicile. Citizenship is not revoked for political reasons.
Displaced persons who qualify as refugees as defined by the
1951 Convention Relating to the Status of Refugees and its 1967
Protocol are entitled to permanent resident status and work
permits. Such displaced persons are not forced to return to
the country from which they fled.
Faced with a rapidly increasing number of asylum requests,
which the Government characterized as 98- or 99-percent
economically motivated, and a burgeoning illegal immigration
problem, Portugal tightened its lenient 1980 asylum law in
September 1993. Under the new law, Portugal continues to meet
its international obligations concerning refugees but provides
for more rapid processing of applicants. The possibility of
permanent residence is retained. The law places the decision
on granting asylum with the Interior Ministry instead of the
judicial system.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Portugal is a multiparty, participatory democracy. Candidates
for president and for legislative, regional, and municipal
offices are freely nominated and are elected by secret ballot
on the basis of universal suffrage.
The unicameral Assembly of the Republic is the legislative
body. The Prime Minister is the head of the Government.
Opposition parties and candidates operate freely and enjoy
access to the media. General elections are held at least once
every 4 years. The President has a 5-year mandate and may not
serve more than two consecutive terms.
Women and minorities participate in the political process
without restriction. Women are represented in the Parliament,
holding 24 out of 230 seats, including the office of Vice
President of the Assembly.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
Local and international human rights groups operate freely in
Portugal. The Government cooperates with independent outside
investigations of human rights conditions and actively
participates in the monitoring of human rights by the Council
of Europe.
Section 5 Discrimination Based on Race, Sex, Religion,
Disability, Language, or Social Status
The Constitution forbids discrimination based on ancestry, sex,
race, language, territory of origin, religion, political or
ideological convictions, education, economic situation, or
social condition.
Women
Various women's groups in Portugal have drawn attention to the
largely hidden problem of violence against women, particularly
within the family. Portuguese law provides for criminal
penalties in cases of violence between husbands and wives
without referring specifically to violence against wives.
Women's groups point out that traditional attitudes discourage
many women who suffer such violence from seeking recourse in
the judicial system. They complain that Portugal lacks
institutions established specifically to provide relief to
battered women. No specific institutions were established in
1993 to provide such relief. However, when complaints are
brought, the judicial system is not reluctant to prosecute
those accused of abusing women.
The Civil Code provides for full legal equality for women.
Women are increasing their representation in universities,
business, science, government, and the professions.
Traditional attitudes of male dominance persist but are
changing gradually. The Commission for Equality and Rights of
Women, an official organization established in 1976, is a
leading advocate of women's rights.
The Commission for Equality in Work and Employment, an entity
of the Ministry of Employment and Social Security, commissioned
a study, completed in 1993, entitled "Sexual Harassment in the
Workplace." The study reported that 72 percent of respondents
believed incidents of sexual harassment in the workplace were
frequent and 87 percent believed the incidents that occurred
were serious. The study noted that the reaction of victims of
such harassment was characterized by passivity. The study
concluded that sexual harassment and its usual nonrecognition,
as well as the absence of legal means to fight harassment, are
factors in discrimination that injure the dignity of female
workers in Portugal.
Children
The government entity to promote the welfare of children is the
Institute for Support of Children. According to the Institute,
it has been allocated inadequate funds. Most of the funds it
does receive are spent on publicity campaigns against the abuse
of child labor. It attempts to discourage the use of children
as a means of reducing labor costs in low-technology,
home-based industries (see Section 6.d.).
National/Racial/Ethnic Minorities
The principal minority groups are immigrants, legal and
illegal, from Portugal's former African colonies (Angola, Cape
Verde, Guinea-Bissau, Mozambique, and Sao Tome and Principe).
Cape Verdeans comprise the largest such group, over 25,000.
There is also a resident Gypsy population. Societies for
African immigrants publicize the problems of their members,
including those stemming from what they perceive as racism.
The Government denies that racist actions are taking place.
The press reported, however, a number of racially motivated
incidents in 1993 that were apparently perpetrated by small,
loosely knit "skinhead" groups. In a September incident with
racial overtones, the Embassy of Sao Tome and Principe claimed
that one of its diplomats was assaulted without provocation by
a policeman in a Lisbon train station. Although he did not
admit intentional wrongdoing by the police, President Mario
Soares closed this incident with an apology to the Government
of Sao Tome and Principe.
People with Disabilities
While there have been no reported allegations of discrimination
against persons with disabilities in the areas of employment or
provision of state services, handicapped individuals consider
there is much room for improvement. Legislation mandates
access to public facilities for persons with disabilities, and
it is generally complied with. No such legislation covers
private businesses or other facilities. While there is no
legislation prohibiting discrimination against persons with
disabilities, the Portuguese Government has issued
administrative decrees and regulations to that effect.
Section 6 Worker Rights
a. The Right of Association
Workers in both the private and public sectors have the right
to associate freely and to establish committees in the
workplace "to defend their interests." The Constitution
provides for the right to establish unions by profession or
industry. Trade union associations are guaranteed the right to
participate in the preparation of labor legislation. Strikes
are permitted for any reason, including political causes. They
are common and are generally resolved through direct
negotiations between management and the unions involved.
Lockouts are prohibited. These constitutional guarantees are
respected in practice.
There are two principal labor federations. The General Union
of Workers (UGT) is a pluralist democratic federation
affiliated with the International Confederation of Free Trade
Unions and the European Trade Union Confederation (ETUC). The
General Confederation of Portuguese Workers Intersindical
(CGTP-IN) is linked to the Communist Party and engages freely
in cooperative activities with the formerly Soviet-controlled
World Federation of Trade Unions (WFTU). The CGTP was expected
to enter the ETUC in 1993 but this did not occur, partly as the
result of conflicts within the CGTP itself.
Both federations and their affiliates function free from
government control but are closely associated with political
parties. The CGTP-IN generally supports the Communist Party's
policies and causes, but this position continued to be openly
criticized by elements of the membership in 1993. UGT leaders
are associated with either the Socialist or the Social
Democratic Party. Although some UGT leaders serve in the
Assembly of the Republic, the Federation pursues a generally
independent path that occasionally puts it in conflict with the
Socialist or the Social Democratic Party or both, as well as
the Government. The labor movement in Portugal exercises
significant influence on areas of social and economic
policy-making.
b. The Right to Organize and Bargain Collectively
Unions are free to organize without government or employer
interference. Collective bargaining is guaranteed by the
Constitution and practiced extensively in the public and
private sectors. Collective bargaining disputes rarely lead to
prolonged strike action. Should a long strike occur in a key
sector (for example, health or transportation), the Government
is empowered to order the workers back to work for a specific
period. The Government has rarely done so, in part because
most strikes are limited to periods of 1 to 3 days. Under a
modification of the strike law, a "minimal level of service"
must be provided during certain strikes, including those in the
public health, energy, and transportation sectors. The
modified law was first applied in a rail workers strike in
March. Minimal levels of service were successfully established
by common agreement with the Government. When collective
bargaining fails, the Government, at the request of either
management or labor, may appoint a mediator.
Union officials and members are protected by law against
antiunion discrimination, and this law is observed in
practice. Complaints are promptly examined by the General
Directorate of Labor.
Portugal has no export processing zones.
c. Prohibition of Forced or Compulsory Labor
Forced labor is prohibited and does not exist in Portugal.
This prohibition is enforced by the General Labor Inspectorate.
d. Minimum Age for Employment of Children
The minimum employment age has been 15 years since 1992. It is
to be raised to 16 when the period of 9 years of compulsory
schooling takes effect on January 1, 1997.
The UGT and CGTP-IN have charged that a number of "clandestine"
companies in the textile, shoe, and construction industries in
northern Portugal exploit child labor. It is difficult to
quantify the extent of child labor exploitation because much
child labor has been transferred to home facilities.
Government inspection teams can enter such facilities only with
search warrants. In practical terms, control is extremely
difficult because of the dispersed nature of the problem and
the administrative complexity of police entry for investigative
purposes. Control of underage employment is thereby
frustrated. According to the Government's General Labor
Inspectorate, which is responsible for enforcement of child
labor laws, between 30,000 and 35,000 children from 12 to 15
years of age are working in Portugal. The Inspectorate's
funding has been increased, and the number of inspectors is
growing. Since the law was changed to raise the maximum fine,
the Inspectorate has begun to levy large fines on employers
found to be using child labor. The Government has yet to
allocate resources sufficient to cope effectively with the
problem, however, which has thus remained essentially
unresolved.
e. Acceptable Conditions of Work
Minimum wage legislation covers full-time workers, as well as
rural workers and domestic employees aged 18 or over. The
current minimum monthly wage of about $278, established on
January 1, 1993, is generally enforced. Even with rent control
and various social assistance subsidies, it is difficult for a
single-income family to maintain a decent standard of living on
the minimum wage income, particularly in urban areas.
Current legislation limits regular hours of work to 8 hours per
day and 44 hours per week, but agreement has been reached to
reduce the workweek to 40 hours by 1995. Overtime is limited
to 2 hours per day, up to 200 hours annually. Work on a normal
day off is restricted to 8 hours. These limits are respected
in practice. Workers are guaranteed 30 days of paid annual
leave per year. The Ministry of Employment and Social Security
monitors compliance through its regional inspectors.
Employers are legally responsible for accidents at work and are
required by law to carry accident insurance. Portugal has
developed a body of legislation that regulates safety and
health. Labor unions consider these regulations inadequate and
continue to press for stiffer legislation. The General
Directorate of Hygiene and Labor Security develops safety
standards, and the General Labor Inspectorate is responsible
for enforcement but, as in the case of alleged child labor
abuses, the Inspectorate lacks sufficient funds and inspectors
to combat the problem effectively. Accidents average between
70,000 and 75,000 per quarter. These figures have focused
government attention particularly on the construction
industry. Poor environmental controls on the textile industry,
concentrated in the north of Portugal, caused considerable
concern. The ability of workers to remove themselves from
situations where these hazards exist is limited, but it is
difficult to fire workers for any reason. Civil lawsuits are
rarely initiated in accident cases.
[end of document]
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