| The State Department web site below is a permanent electronic archive of information released prior to January 20, 2001. Please see www.state.gov for material released since President George W. Bush took office on that date. This site is not updated so external links may no longer function. Contact us with any questions about finding information. NOTE: External links to other Internet sites should not be construed as an endorsement of the views contained therein. |
TITLE: BHUTAN HUMAN RIGHTS PRACTICES, 1993
DATE: JANUARY 31, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
BHUTAN*
Bhutan is an absolute monarchy, ruled by the Wangchuck dynasty
of hereditary monarchs since 1907. Located in the Himalayas
between India and Tibet, the small Kingdom has been able to
escape domination by any external power since the 10th
century. There is no written constitution or bill of rights.
King Jigme Sinhye Wangchuck, on the throne since 1972, has
continued social and political reforms begun by his father, but
progress has been disrupted over the past half decade by civil
strife involving ethnic Nepalese. Buddhists constitute between
one-half and two-thirds of the population; another third,
mostly from the southern districts, is of Nepali Hindu ethnic
origin.
The Royal Bhutan Police, a force of about 5,000, assisted by
the Royal Bhutan Army, with approximately 7,000 lightly armed
men, and a militia of about 10,000, maintains internal security.
An estimated 90 percent of Bhutan's 600,000 population are
largely illiterate and live in rural areas on subsistence
agriculture in a mainly barter economy. India is Bhutan's main
trading partner and principal source of foreign exchange.
Despite some positive actions, including the Government's
authorization of periodic prison visits by the International
Committee of the Red Cross (ICRC) and implementation of certain
legal reforms, there remained serious concern about the
Government's human rights practices, including implementation
of the 1985 Citizenship Act; related measures to strengthen
Bhutanese culture; the failure to prosecute security force
members who committed rape, torture, and other abuses in the
name of enforcing citizenship laws; and the status of 85,000
ethnic Nepalese refugees from southern Bhutan currently in
camps in eastern Nepal.
The 1985 Citizenship Act targets the ethnic Nepalese minority,
whose growing percentage of the population was perceived by the
ruling Drupka Buddhists as a threat to their culture. Under
the Act, tens of thousands were declared to be illegal
immigrants and forcibly evicted from Bhutan. Others fled
*Bhutan and the United States do not have diplomatic relations,
and U.S. officials travel there infrequently. Since few
independent observers have visited southern Bhutan, information
on Bhutanese practices affecting human rights is often
incomplete.
voluntarily in the face of officially sanctioned pressure,
including arbitrary arrests, beatings, rape, robberies, and
other forms of intimidation by police and the army. The Bhutan
People's Party (BPP) and the Bhutan National Democratic Party
(BNDP), organized by ethnic Nepalese in exile, continued to
press for democratic reforms and resist government policies
they argue would suppress their ethnic and cultural identity.
The Government outlawed the BPP in 1990, accusing it of killing
government officials, destroying government property, and
kidnaping or attacking southerners who did not support its
cause.
Other human rights abuses included: denial of the right of
citizens to change their government; limitations on the right
to a fair trial; restrictions on peaceful association and
assembly, and worker rights; and traditional cultural practices
that result in some discrimination against women.
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 independent confirmations of such killings. A
government report charged ethnic Nepalese dissident groups with
responsibility for 17 murders between August 13, 1992, and June
5, 1993. Bhutan's government-controlled weekly newspaper
described numerous incidents during 1992 and 1993 in which
unidentified attackers killed and mutilated government
officials and civilians living in the south. Among the victims
were Dattaram Sharma, a former government official stabbed to
death in August 1992, and Dil Maya Dungel, the daughter of a
village headman who suffered gunshot wounds when armed men
raided the family's home. A substantial but undetermined
number of the attacks the Government has identified as
incidents of terrorism appear in fact to have been the work of
armed robber gangs taking advantage of unsettled conditions on
the Indo-Bhutan border.
b. Disappearance
Over the past 3 years, police and army forces have arrested
thousands of ethnic Nepalis suspected of supporting the
dissident movement, some of whom were held incommunicado and
consequently were thought to have "disappeared." According to
a 1993 government report, 1,592 accused "antinationals" were
subsequently released under official amnesties. Bhutanese
human rights groups claim many other detainees outside the
Thimphu area are still unaccounted for and presume these people
are being held without charge. They also charge that some may
have been "disappeared" by government security forces. The
Government denied such disappearances ever took place and
accused dissident groups of kidnaping over 200 people during
the last 3 years, including 24 between August 13, 1992, and
June 5, 1993.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
According to human rights groups, there were continuing reports
from ethnic Nepalese refugees in India and Nepal of hundreds of
cases in which police or army forces had allegedly beaten,
raped, and robbed suspected supporters of the dissident
movement and their families. In a survey of 1,781 refugee
families living in camps in Nepal conducted by the Human Rights
Organization of Bhutan (HUROB), 204 respondents stated they had
left Bhutan because a family member had been beaten or
tortured. Twenty-one respondents claimed to have been raped,
and 383 said they left Bhutan because they had been threatened
with or feared rape. HUROB, the People's Forum for Human
Rights, Bhutan (PFHRB), and the South Asia Human Rights
Documentation Center (SAHRDC) published dozens of affidavits
from victims of rape and torture who fled to the refugee camps
in Nepal. Several nongovernmental organizations in Nepal are
providing rehabilitation services to torture victims among the
ethnic Nepali refugees.
In the aftermath of widespread arrests in 1990 and 1991, prison
conditions were poor, with inadequate sanitation, unhealthy
food, and endemic overcrowding. Several detainees were alleged
to have succumbed to harsh prison conditions. Responding to
pressure from Amnesty International (AI), the Government ended
the use of shackles in 1992, and periodic ICRC prison visits
beginning in 1993 also contributed to a marked improvement in
conditions of detention.
The abuses committed by government forces in southern Bhutan
were a consequence of government policies intended to reduce
the presence of ethnic Nepalese. These policies created a
climate in which intimidation of ethnic Nepalese was encouraged
and physical abuse tacitly condoned. A 1993 survey of victims
of violence in the refugee camps, prepared by a consultant to
an international refugee agency, found that most alleged
incidents of torture in southern Bhutan took place in 1990 and
1991. This finding is consistent with reports that abuse by
government forces peaked during the year following the
September 1990 disturbances led by the BPP. The consultant
found that reported rapes continued at a high rate into 1992;
however, there were few reported cases of rape and torture in
1993. The Government flatly denied such abuse ever occurred.
Since October 1993, newly arriving refugees have reported
incidents of intimidation and abuse which indicate another
deterioration of the situation in Bhutan. While the influx to
camps has remained low, cases accepted by the United Nations
High Commissioner for Refugees on the grounds of persecution
(as opposed to family reunion claims) have doubled to 66
percent.
d. Arbitrary Arrest, Detention, or Exile
Bhutanese law contains no guarantees against arbitrary arrest.
The Government said that 17 "confirmed terrorists" were
arrested by the security forces between January 1, 1992, and
May 21, 1993, and that another 55 "terrorists" were caught by
village volunteers and handed over to police during the same
period. The Government released no information about what
happened to these detainees or when they might be tried. Past
treatment of other such detainees suggest that their detention
may be arbitrarily prolonged.
The November 1992 session of Bhutan's National Assembly
produced a new national security law that eliminates the
mandatory death penalty for treason. Government officials
previously cited the death penalty requirement, and their
desire to avoid executions, as an excuse for delay in trying
those held on charges related to the unrest in the south. In
late 1992, judgments were handed down against 37 people charged
with treason and various other "antinational" activities.
Thirty-two defendants were found guilty and given sentences
ranging from 9 months to life in prison. As of late 1993,
about 200 "antinationals" were still in detention pending trial
on charges related to political unrest in southern Bhutan.
Most were housed at a prison camp in Chemgang, a mountainous
area outside Thimpu. Evidence suggests that incommunicado
detention is no longer a problem.
e. Denial of Fair Public Trial
The judicial system consists of district courts and a High
Court in Thimpu. Minor offenses and administrative matters are
adjudicated by village headmen. Criminal cases and a variety
of civil matters are adjudicated under a 17th-century legal
code, revised in 1959, which applies to all Bhutanese
regardless of ethnic origin. Judges appointed by and
accountable to the King are responsible for all aspects of a
case, including investigation, filing of charges, prosecution,
and judgment. After appeal to the High Court, a final appeal
may be made to the King who traditionally delegates such
matters to the Royal Advisory Council. The legal system does
not provide for jury trials or the right to a court-appointed
defense attorney.
The Bhutanese legal system has no provision for lawyers or
solicitors, although it does allow for the appointment of a
"jambi" (a person well-versed in the law) if the defendant so
desires. Questions of family law, such as marriage, divorce,
and adoption, are resolved separately according to traditional
Buddhist law for the majority of Bhutanese and Hindu law in
areas where persons of Nepalese extraction predominate.
Tek Nath Rizal, an ethnic Nepali, former member of the Bhutan
National Assembly and Royal Advisory Council, and founder of
PFHRB, was held for over 3 years pending trial. Rizal was
abducted in November 1989 from eastern Nepal, where he fled
after clashing with the King of Bhutan over ethnic Nepalese
rights. The Government accused Rizal of orchestrating an
"antinational campaign" and on December 29, 1992, formally
charged him with conspiracy, sedition, and treason. Rizal
waived his right to a jambi and defended himself at his trial.
On November 16, Tek Nath Rizal was convicted and sentenced to
life imprisonment under the National Security Act of 1992. The
Government found him guilty of violating the National Security
Act by carrying out harmful activities against the Tsa Wa Sum
(King, country, and people). Rizal was granted a conditional
clemency on November 19 which provides for his release as soon
as the southern problem is resolved. Rizal is the only
internationally recognized political prisoner in Bhutan.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
There are no written guarantees of privacy, but Bhutanese
cultural traditions are highly respectful of personal privacy.
These traditions were undermined by the Government's emphasis
on promoting national integration. A royal decree issued in
1989 made Drukpa national dress compulsory for all citizens.
Anyone found violating the decree may be fined or sentenced to
jail for a week. Although enforcement of the decree has become
lax, it is still observed during business hours in southern
towns like Phuntsholing and Geylegphug. 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
a. Freedom of Speech and Press
With an adult literacy rate reliably estimated at around 30
percent, Bhutan's population is relatively unaffected by the
print media. Kuensel, the Government's weekly newspaper, with
a circulation of 10,000, is the country's only regular
publication. Indian and other foreign newspapers are
available, but authorities confiscate and censor editions
carrying articles critical of the royal family or government
policies. Bhutan has no television broadcast service. In 1989
the Government ordered the dismantling of about 20 television
satellite dishes which were being used to distribute illegally
television transmissions from neighboring countries as well as
through satellite technology. Many Bhutanese continue to
receive television transmissions from neighboring couintries as
well as through satellite technology.
The government radio station broadcasts each day in the four
major national languages (Dzongkha, the language of the western
highlands; Nepali; English; and Sharchop). Indirect criticism
of the King is permitted in the National Assembly and is
sometimes covered in the Kuensel. The Government banned the
Nepalese language as a medium of instruction in Bhutanese
schools at the end of 1990. Many schools in the south were
closed in the aftermath of the 1990 disturbances or converted
into army camps and detention centers. The Government reported
that most had reopened by mid-1993, but outside observers are
only able to confirm the reopening of about half the schools.
The ban on instruction in Nepali remains.
b. Freedom of Peaceful Assembly and Association
There are no written guarantees of these freedoms. Bhutanese
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 political
parties. The BPP and BNDP, organized by ethnic Nepalese exiles
from Bhutan, have been labeled "terrorist and antinational" and
according to the Government "have no standing inside the
country." Both parties advocate a constitutional monarchy with
a parliamentary democracy and claim wide support in southern
Bhutan.
c. Freedom of Religion
Buddhism is the state religion. The Government subsidizes
monasteries and shrines and provides aid to about a third of
the Kingdom's 12,000 monks. The monastic establishment enjoys
statutory representation in the National Assembly and Royal
Advisory Council and is an influential voice on public policy.
Citizens of other faiths, largely Hindus, enjoy freedom of
worship but may not proselytize. Under Bhutanese law,
conversions are illegal. The King has declared major Hindu
festivals to be national holidays, and the royal family
participates in them. It is illegal for foreign missionaries
to proselytize in the Kingdom, but international Christian
relief organizations and Jesuit priests are active as teachers
and in other humanitarian activities.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Some Bhutanese enjoy considerable freedom of movement, but many
reports indicate that ethnic Nepalis face substantial
restrictions on their ability to travel inside Bhutan. For
many years, Bhutanese seldom traveled inside or outside the
Kingdom, but the construction of roads and the establishment of
air links with neighboring countries have encouraged travel.
Bhutan's southern border with India is open, and people
residing in the immediate areas freely cross this border.
Indians from other regions who enter Bhutan by airplane or stay
in hotels must have visas and fall under the cap set by the
Government limiting the admission of tourists to 4,000 per
year. By treaty, Bhutanese are free to reside and work in
India.
Since early 1988, Bhutan has sought to reduce the ethnic
Nepalese population by implementing a 1985 act that
significantly tightened the requirements for transmitting
citizenship. Until 1985, citizenship was transmitted as long
as the father was a Bhutanese citizen under the 1958
Nationality Law of Bhutan (which granted citizenship to all
ethnic Nepalese adults who owned land and had lived in Bhutan
for at least 10 years). The 1985 act raised this standard by
requiring that both parents be Bhutanese citizens in order to
transmit citizenship. Residents of Bhutan who could not
satisfy this new requirement were retroactively declared
illegal immigrants.
People losing their citizenship under the 1985 act may apply
for naturalization but only after satisfying a rigorous set of
standards, including proficiency in the Dzongkha language and
proof of residence in Bhutan during the previous 15 years.
Exile political groups complain that the law makes unfair
demands for documentation on largely illiterate people in a
country that has only recently adopted basic administrative
procedures. They claim that many ethnic Nepalese whose
families have been in Bhutan for generations were expelled
because they were unable to document their claims to
residence. The Government denies this and asserts, for
example, that the word of village leaders is an acceptable
substitute for written documentation. Refugee groups dispute
this statement and report that village elders are not present
when citizenship interviews are carried out.
The 1985 Citizenship Act also provides for the revocation of
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 Bhutanese Home Ministry,
in a circular notification dated August 17, 1990, advised that
"any Bhutanese national leaving the country to assist and help
the antinationals shall no longer be considered as a Bhutanese
citizen....such people's family members living under the same
household will also be held fully responsible and forfeit their
citizenship." Human rights groups charge this provision was
widely used to revoke the citizenship of ethnic Nepalese who
were subsequently exiled from southern Bhutan. In 1993 growing
numbers of refugees reported their citizenship was revoked
under this provision.
Arrivals of refugees from Bhutan in the eight camps run by the
United Nations High Commissioner for Refugees (UNHCR) and its
cooperating agencies in Nepal peaked during 1992. By mid-1993,
arrivals had fallen to slightly more than 100 per month,
reflecting tightened screening at the Nepalese border and an
apparent reduction in official pressure on the ethnic
Nepalese. By September 1993, 85,000 were registered in the
UNHCR camps, of whom about 66,000 arrived during 1992. Between
5,000 and 15,000 more are believed to have left Bhutan and
settled with family members in India. The total outflow of
approximately 100,000 people is equal to about 15 percent of
Bhutan's population.
Many refugees, especially those who arrived in Nepal during
1991 and 1992, claim to have been pressured to leave by local
authorities. These pressures include the threat to confiscate
property, denial of public services, and physical
intimidation. For much of 1993, refugees reported leaving
Bhutan because of increasing depopulation in southern
districts, feelings of apprehension and insecurity, the loss of
their jobs after it was discovered that they had family members
who had fled the country, and the wish to be reunited with
relatives already living in the camps. As the year drew to a
close, however, refugees increasingly reported incidents of
persecution--including beatings, destruction of homes, and
eviction at gunpoint--as the reason for fleeing. Expulsions
appear to continue under the government circular described in
Section 1.f. which provides for the exile of persons whose
family members have joined the "antinational" movement.
The Government claims that those who were expelled are Nepalese
or Indian citizens who came to Bhutan to work after the 1958
Nationality Law was issued. It also claims the majority of
those arriving in Nepal have left voluntarily after selling
their land and property. There are credible reports that these
"voluntary emigrants" were compelled to sign away their
property by government officials. In July Nepal and Bhutan
agreed to form a joint committee to settle the problem of the
refugees. However, the King and other Bhutanese officials have
repeatedly stated they will accept responsibility only for
"bona fide Bhutanese nationals who have been forcibly evicted."
Documentation requirements are to be determined by the joint
committee. However, the Government of Bhutan has made clear
that it plans to accept few repatriates.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Citizens of Bhutan do not have the right to change their
government. Bhutan is an absolute monarchy, with sovereign
power vested in the King. The Government has resisted
democratic changes. Decisionmaking is centered in the Palace
and involves only a small number of officials in the civil and
religious establishment. Although the present King and his
father have made attempts to integrate women and some
southerners (ethnic Nepalese) into the body politic, the system
is still dominated by the male members of an aristocracy of
Mahayana Buddhist ancestry. Political parties do not exist,
and the Government discourages their formation. The BPP,
founded in June 1990, was outlawed the following September
after widespread protests by ethnic Nepalese in southern
Bhutan. The Government claimed the BPP was a terrorist
organization, responsible for murders, kidnapings, and
destruction of government property in the south. The
Government also outlawed the Bhutan National Democratic Party
(BNDP), founded in February 1992 by former government officials
of ethnic Nepalese origin.
The National Assembly, formed in 1953, is composed of 105
members elected by limited franchise (heads of family in Hindu
areas, village headmen in Buddhist regions), 12 elected by the
monastic establishment, and 33 high-level government officials
appointed by the King. Its principal functions are to enact
laws, approve senior government appointments, and advise the
King on matters of national importance. It also provides a
forum for presenting grievances and rectifying cases of
maladministration. Voting is by secret ballot, with a simple
majority needed to pass a measure. The King cannot formally
veto legislation, but he may return bills to the Assembly for
further consideration. The members occasionally have rejected
the King's recommendations or delayed their implementation, but
the King has always had enough influence to persuade the
Assembly to approve legislation he considers essential or to
withdraw proposals he opposes. Government officials may be
questioned by the Assembly, and ministers may be forced to
resign by a two-thirds vote of no confidence.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
Just as it does not permit political parties, neither does the
Government permit local human rights groups. At least three
groups led by ethnic Nepalese exiles, HUROB, PFHRB, and the
Association of Human Rights Activists - Bhutan (AHURA), monitor
the human rights situation in southern Bhutan and collect
depositions from refugees in Nepal. These groups also campaign
internationally to put pressure on the Bhutanese Government and
conduct human rights education among the refugees in the
camps. These groups report human rights violations by
dissident groups but only rarely. The Government accuses
HUROB, PFHRB, and AHURA of working for antinationals.
The Government's attitude toward international human rights and
humanitarian groups continued to show signs of improvement in
1993. ICRC representatives visited prisons near Thimpu three
times in 1993. The Government had an ongoing dialog with
Amnesty International (AI) focused on recommendations in an AI
report issued in December 1992. These recommendations included
the abolition of shackles, establishment of a mechanism to hold
security forces accountable for torture, and ratification of
the Convention Against Torture. Although shackles appear to
have been abandoned by government security forces, much more
needs to be done. The Government continues to deny visas to
international groups and individual investigators.
Section 5 Discrimination Based on Race, Sex, Religion,
Disability, Language, or Social Status
Women
Bhutan has developed neither a rigid caste system nor customs
that sequester or disenfranchise women. Family land is divided
equally between sons and daughters, and dowry is not practiced,
even among ethnic Nepalese Hindus. A United Nations Children's
Fund (UNICEF) study found that boys and girls in Bhutan receive
equal treatment as regards nutrition and health care. This
equality of treatment is reflected in data showing little
difference between sexes in child mortality rates.
Among urban Bhutanese, girls are given "equal or near equal
opportunities" to pursue education, UNICEF found. This pattern
of parents seeking education for their children, regardless of
sex, appears to apply among both Hindu and Buddhist families.
Nationwide, however, government data indicate that girls
account for only about 40 percent of the school population.
Although traditional cultural patterns place girls in a lower
status than boys, girls are still cherished, since in Bhutanese
society it is they who care for the parents when they reach old
age.
The sexes mix freely, and polygyny is sanctioned as long as the
first wife gives her permission. Marriages may be arranged by
partners themselves as well as by their parents, and divorce is
common. Legislation has been enacted in recent years making
marriage registration compulsory and favoring women in matters
of alimony. About 10 percent of government employees are
women. In rural areas, the division of labor follows strict
gender lines, and women in unskilled jobs are generally paid
slightly less than men.
Rape was made a criminal offense in Bhutan in 1953, but that
law had weak penalties and was poorly enforced. The National
Assembly in its July 1993 session adopted a revised Rape Act
with clear definitions of criminal sexual assault and enhanced
penalties. In cases of rape involving minors (which reportedly
is a growing problem in Bhutan), sentences range from 5 to 17
years. In extreme cases, a rapist may be imprisoned for life.
The National Women's Association of Bhutan was formed by the
National Assembly in 1981 to promote improvements in the
socioeconomic status of women. It now functions as an
independent nongovernmental organization.
Children
Children enjoy a privileged position in Bhutanese society and
benefit from international development programs focused on
maternal and child welfare. The Government's 1992 5-year plan
estimates the primary school enrollment rate at 66.9 percent in
1990, based on an estimated population of 104,000 children
between the ages of 6 and 12. Bhutan's health care system
combines internationally funded medicine with traditional
spiritual and ritual remedies. The child mortality rate in
1984 was 21.1 percent. In 1990, 84 percent of Bhutanese
children had received required immunizations.
National/Racial/Ethnic Minorities
Ethnic Nepalese first came to Bhutan in large numbers at the
turn of the century. These migrants were granted Bhutanese
citizenship for the first time under the Citizenship Law of
1958 (see Section 2.d.). The Government contends there was
large-scale illegal immigration which went undetected by the
Government until the census carried out in 1988. The discovery
that ethnic Nepalese were on the verge of becoming a majority
prompted the Government to launch an aggressive campaign to
reassert Bhutanese (Drupka) culture and tighten immigration.
If no action was taken, the ruling elite feared, Bhutan's
Buddhist society would be overwhelmed by the Hindu ethnic
Nepalese, as happened in neighboring Sikkim (which was annexed
by India in 1974).
Early efforts at halting the unfavorable demographic trends
focused on limiting immigration and attempting to assimilate
the existing ethnic Nepalese. Attempts at assimilation
included financial incentives for intermarriage, education for
some students in regions other than their own, and direction of
economic development funds to the south. By 1989 assimilation
gave way to policies aimed at "Bhutanization." Measures
intended to preserve a national identity required the wearing
of Bhutanese dress, made the teaching of Dzongkha compulsory,
and banned instruction in Nepalese. Under the 1985 Citizenship
Act, tens of thousands of ethnic Nepalese were declared to be
illegal immigrants and forcibly evicted from the country.
Still more fled the country in the face of officially
sanctioned pressure (see Sections. 1.c. and 2.d.).
International pressure on Bhutan increased during 1992, as
concern spread about the ballooning refugee population in
Nepal. In response, the Government tried to stem the outflow
of migrants from southern Bhutan. A royal decree was issued
making it a criminal offense to forcibly evict any citizen, and
three government officials were convicted on charges related to
intimidation of ethnic Nepalese. Ethnic Nepalese also were
excluded from paying rural taxes and contributing labor for
development projects in 1992. By that time, however, the
exodus had gained momentum; thousands of ethnic Nepalese with
unquestioned claims to Bhutanese citizenship moved to India or
the refugee camps in Nepal to be reunited with family members
and escape a climate of fear and uncertainty in southern Bhutan.
By law southerners may own land and establish business in the
north, and northerners have the same right in the south.
Nonetheless, it is reportedly still difficult for ethnic
Nepalese (except government officials) to buy property in
Buddhist areas. Ethnic Nepalese have been required to produce
"No Objection Certificates" issued by the police for admission
to schools and for jobs. For example, a November 6
advertisement in the national newspaper requires students
seeking to enter a driving school to produce a "No Objection
Certificate." Admission to a course for a postgraduate
certificate in education requires a "No Objection
Certificate." These certificates continue to be required
despite claims by the Government that they would be abandoned.
In fact, these certificates are used to prevent ethnic Nepalese
citizens from taking jobs or educational slots in many
districts of Bhutan.
Exile student groups accuse the Government of revoking the
scholarships of Nepalese students who were accused of
supporting the dissident movement. Government critics claimed
families with ties to the Palace and senior levels of the
Government are strongly favored in their access to government
employment and state scholarships for foreign education. The
Government contends that it has made a serious effort to send
qualified minority candidates for education overseas. To
defend its hiring practices, it cites data on government
employment showing that as of 1991 nearly half of the civil
service was filled by ethnic Nepalese. Of 213 students sent to
India for study between 1985 and 1991, it says, 127 were
southern Bhutanese.
People with Disabilities
Bhutan has not passed legislation mandating accessibility for
the disabled. There is no evidence of official discrimination
against people with disabilities, but neither is there evidence
of official efforts to assist the disabled.
Section 6 Worker Rights
a. The Right of Association
Trade unionism is not permitted, and Bhutan has no labor
unions. There is no right to strike. Bhutan is not a member
of the International Labor Organization.
b. The Right to Organize and Bargain Collectively
There is no collective bargaining or legislation addressing
labor-related issues pertaining to industry, which accounts for
about 25 percent of the gross domestic product but only a
minute fraction of the total work force. The Government
affects wages in the manufacturing sector through its control
over parastatal wages.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor
The Government uses a system of compulsory labor taxes to
compensate for its low financial tax base. Under various
development schemes, a typical urban or rural family of 8.5
persons could be liable for up to 40-person days of labor each
year.
d. Minimum Age for Employment of Children
There are no laws governing the employment of children.
Children are not employed in the industrial sector, but many
assist their families in the traditional economy. In
roadbuilding, for instance, eligibility for employment is by
height, not age. Although most workers are at least 15 years
of age, a UNICEF study suggested children as young as 11 are
sometimes put to work with roadbuilding teams.
e. Acceptable Conditions of Work
As noted above, there is no legislation addressing labor
issues. There is no legislated minimum wage, standard
workweek, or health and safety standards. Labor markets are
highly segmented by region, and monitoring wage developments is
inhibited by the preponderance of subsistence agriculture and
the practice of barter. The largest salaried labor market is
the government service, which has an administered wage
structure last revised in 1988. Only about 18 industrial
plants employ more than 50 workers. Apart from a few of these
larger plants, the entire industrial sector consists of
home-based handicrafts and some 60 privately owned small or
medium-scale factories producing consumer goods. A
predominantly agricultural country, Bhutan's rugged geography
and land laws that prohibit a farmer from selling his last 5
acres result in a predominately self-employed agricultural
labor force. (###)
[end of document]
Return
to 1993 Human Rights Practices report home page.
Return to DOSFAN
home page.
This is an official U.S. Government source
for information on the WWW. Inclusion of non-U.S. Government links
does not imply endorsement of contents.