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Title: Sierra Leone Human Rights Practices, 1995
Author: U.S. Department of State
Date: March 1996
SIERRA LEONE
Sierra Leone is a republic governed by a military junta, the National
Provisional Ruling Council (NPRC). The NPRC, which rules by decree,
seized power in 1992 in a military coup which ousted then-President
Joseph Momoh. Captain Valentine E.M. Strasser was chairman of the NPRC,
Head of State, Commander-in-Chief of the Armed Forces, and Secretary of
State for Defense throughout the year. He was deposed in a palace coup
in January 1996. The 4-year civil war and the collapse of law and order
have caused more than 14,000 deaths, including an estimated 3,600 in
1995. The war has also forced an estimated 2.4 million persons, more
than 50 percent of the population, into exile in refugee camps or
facilities for the internally displaced.
Under the NPRC, the 1991 Constitution remained in force but with the
suspension of some of its provisions. In June the NPRC lifted the 10-
year ban on political parties, but at the same time issued a decree
banning 57 individuals from political activity for a period of 10 years.
Elections were planned for February 1996, and at year's end, the
Government and the Interim National Election Commission were seeking
international donor support to finance voter registration and elections.
The Sierra Leone Military Forces (RSLMF), supported by Western Area
Security Patrols and the regular police force, are responsible for both
external and internal security. The RSLMF, supported by the Nigerian
and Guinean armies and a private South African mercenary firm Executive
Outcomes, continued active operations against rebel forces, known as the
Revolutionary United Front (RUF), led by Foday Sankoh. The RUF claims
to seek the overthrow of the NPRC. The Government has acknowledged that
in addition to its operations against the RUF, it must also contend with
renegade RSLMF soldiers and some civilians.
While the RSLMF made significant progress in operations against the RUF,
it sustained casualties in numerous bloody attacks on villages and
vehicles in the Eastern and Southern provinces, and in some areas of the
Northern province. During the first half of the year, rebel forces
unsuccessfully attacked villages on the outskirts of Freetown. In
October the RSLMF briefly retook Kailahun district in the east, but lost
it in an RUF counterattack after less than 2 weeks' occupation. There
were reported human rights abuses by all parties to the internal
conflict, including summary executions and torture. Some members of the
police and military also committed human rights abuses outside the war
zone. A number of RSLMF personnel, including officers, were court-
martialed for offenses ranging from theft to murder.
Sierra Leone is a very poor country. Before the war, more than 70
percent of the 4.5 million citizens were involved in some aspect of
agriculture, mainly subsistence farming. Although the country is rich
in minerals, including rutile (titanium dioxide), diamonds, gold, and
bauxite, official receipts from legal exports of gold and diamonds have
decreased over recent years, and rutile and bauxite mining ceased at the
beginning of the year due to rebel activity. Significant portions of
the gold and diamonds are smuggled abroad. Although Government forces
with the assistance of Executive Outcomes recaptured the rutile mine and
the major diamond producing areas from rebel control by mid-year,
Government revenues from the mineral sector were still far below
preconflict levels.
The Government's human rights record improved somewhat, although serious
problems remain in certain areas. Most abuses, including extrajudicial
killings by RSLMF and rebel units, were committed chiefly, though not
exclusively, in the area of armed conflict. The NPRC lifted its ban on
political parties but continued to maintain control over government,
social affairs, and the judiciary. Authorities continued to restrict
freedoms of speech, press, assembly, and association, but to a lesser
degree than previously. There were reports of disappearances, and
security forces abused suspects during arrest and interrogation. There
were prolonged pretrial detentions and lengthy delays in trials.
Citizens do not have the right to change their government.
Discrimination and violence against women remain widespread, as does
violence against children.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including Freedom
from:
a. Political and Other Extrajudicial Killing
Both government forces and RUF rebels engaged in these abuses.
Government forces often tortured and killed suspected rebels. There
were reports that undisciplined military and other security personnel
killed civilians while engaged in looting, robbery, and extortion (see
Section 1.g.) The military court-martialed two soldiers for murder in
connection with looting. It sentenced one to prison and dishonorable
discharge from the army. The Head of State had not yet confirmed this
sentence. At year's end, the court martial of the other was in
progress. Another soldier was found guilty of killing a fellow soldier
in a drug-related incident and sentenced to death. The Head of State
had yet to confirm this sentence and she remains in custody. Their
trials were still in progress at year's end.
In January RUF rebels attacked the Northern town of Kambia, reportedly
killing 15 civilians, including the daughter of a local chief and a
former policeman. In March rebels summarily executed 18 relatives of a
senior NPRC official in the Southern province. In June an armed group
of men attacked Port Loko, killing approximately 100-150 people. In
September and October, rebels in the Southern province near Bo
reportedly barricaded villagers in their huts and burned them alive.
The rebels also amputated the hands of several villagers and sent them
to Bo with the message that this would now prevent them from voting (see
Section l.g.).
b. Disappearance
Reports continued of disappearances of captured persons who were
suspected to be rebels. Senior NPRC and RSLMF officials have stated
publicly and privately that suspected rebels, both military and
civilian, are to be brought to army headquarters for intelligence
interrogation. During operations in the Southern province in September
and October, the army captured more than 100 rebel combatants,
incarcerating them at army headquarters in Freetown. Guinean
authorities arrested four high ranking RUF officials in November and
turned them over to the RSLMF. It held them at army headquarters at
year's end.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment
Although the Constitution prohibits torture, the police and military
mistreated suspects during arrest and interrogation. Authorities
sometimes beat detainees or mutilated them prior to incarceration or
judicial proceedings. Military personnel engaged in combat operations
sometimes physically abused civilians (see Section l.g.). The
Government occasionally punished them for such abuses.
The Government worked to improve the diet and medical care in prisons
throughout the year, but conditions at times remained life threatening.
Detainee cells often lack beds or toilet facilities. Despite the
authorities' attempts to relieve the situation, overcrowding is the norm
at Freetown's Pademba Road prison. In January the Government released
76 inmates from the Eastern province who were suspected of being rebels.
The Attorney General's office conducted an ongoing review of detentions
at Pademba Road, an overcrowded prison whose conditions are of
particular concern because shortcomings in the legal system often result
in prolonged pretrial detention there. Male and female inmates are
imprisoned separately, but together with juveniles. Homosexual rape is
common.
The Government continued to grant the International Committee of the Red
Cross (ICRC) access to prisoners, including alleged rebels.
d. Arbitrary arrest, Detention, or Exile
In practice, the Government does not provide adequate safeguards against
arbitrary or unjust detentions, nor for their formal review. By law,
after an initial 24-hour detention, detainees must have access to legal
counsel, families, and medical care, but authorities rarely obey the law
unless detainees can afford legal counsel to demand compliance. In July
authorities detained a teacher's union official and a journalist for 10
days without charge; the union official for allegedly subversive speech
at a press conference and the journalist for reporting it. The
Government did not detain other journalists who reported the same
speech.
Police and military officials have additional detention authority.
Under NPRC decrees, higher-ranking police and military officials may
arrest without warrant and detain indefinitely any person suspected of
posing a threat to public safety. In practice, soldiers do arrest or
detain civilians without charge. The military authorities do not
formally notify relatives, but they do generally respond to inquiries.
Arrested foreigners are often released but may not depart the country.
The Government provides legal representation for the indigent only in
cases of capital offenses. Lack of counsel in other cases frequently
leads to wrongful conviction. Many indigent detainees are ignorant of
their rights and assume, sometimes correctly, that law enforcement or
judicial authorities will be paid by the accuser to rule against them.
The Society for the Protection of Human Rights provides free legal
counsel to some indigent detainees, and some local nongovernmental
organizations (NGO's) provide counsel and advice to women concerning
their rights.
Nineteen of the 24 former Government officials who were placed under
house arrest in 1994 for failing to repay funds the Government said they
had embezzled while in office remained under house arrest. The rest
were released from house arrest, but were among the 57 individuals
banned from political activity for 10 years (see Section 2.b.).
The Government did not use exile. However, some officials of the former
regime chose to leave the country, while others remain abroad rather
than return to face possible retribution. In July 1994, the NPRC
Attorney General resigned and went into self-imposed exile in England to
protest the Government's imposition of the death penalty.
e. Denial of Fair Public Trial
The NPRC can effectively control the judiciary. There is strong
evidence that favoritism plays a role in court decisions. The NPRC,
like governments that preceded it, employed special commissions of
inquiry to circumvent the judiciary.
There are three judicial systems: regular courts; local or traditional
courts; and courts-martial. Courts-martial try only military cases.
The regular court system is based on the British model and consists of a
Supreme Court, an intermediate Court of Appeals, a High Court of
Magistrates, and Magistrates' Courts. There are criminal and civil
courts. Decisions by lower courts may be appealed in the high courts.
There are delays of up to 5 years in bringing some cases to trial.
Judges in the regular court system may serve until they reach the
mandatory retirement age of 65, unless their appointment is revoked
prior to that time. There were no known instances of judges being fired
or transferred for political reasons. Elected indigenous leaders
preside over the local courts and administer tribal law in civil cases,
for example, dealing with family and property matters. These local
courts are often the only legal institutions in rural areas. Fighting
in the Eastern and Southern provinces severely hampered the functioning
of the local court system in those areas.
The court-martial system, based on British military codes and common
law, provides for commander adjudication of minor offenses. Soldiers
accused of more serious offenses are transferred from field units to
Headquarters. A number of courts martial were convened against officers
and enlisted personnel for looting, murder, and dereliction of duty. In
1994 a senior officer convicted of aiding the enemy was sentenced to
death by the standing court martial. The sentence, which is subject to
review by the Head of State, has not been carried out.
Minimum due process rights are not always respected. Authorities
sometimes beat detainees, and mutilate or otherwise punish them prior to
incarceration or to a court hearing (see Section 1.c.). In addition,
the regular court system accepts and sanctions provisions of tribal,
traditional, and Islamic law which discriminate against women and
minorities.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
Although the Constitution prohibits arbitrary invasion of the home, the
authorities still have broad authority under NPRC decrees to monitor
actions or conversations within homes, to prevent a person from acting
in a manner deemed prejudicial to public safety, to impose restrictions
on employment or business, to control association or communication with
other persons, and to interfere with correspondence.
In practice, there were numerous occasions of abusive treatment of
ordinary citizens by ill-disciplined soldiers and police, both within
and outside the war zone. These abuses included forced entry into
homes, robberies, and assaults, some of which were fatal. A number of
soldiers accused of looting were court-martialed. One lieutenant found
guilty of looting was sentenced to 5 years' imprisonment. Sixteen
soldiers arrested for an attempted robbery were detained and awaited
court-marital at year's end (see Section 1.e.).
g. Use of Excessive Force and Violations of Humanitarian Law in
Internal Conflicts
There were serious violations of humanitarian law in the internal
conflict throughout the war zone, chiefly summary executions of
prisoners and noncombatants, and torture and killing of civilians.
RSLMF forces continued to engage RUF forces, which at the outset of the
conflict were supported in part by Charles Taylor's National Patriotic
Front for Liberia, but now are entirely Sierra Leonean. The RSLMF also
fought bandits and groups of Sierra Leonean military deserters. The
conflict involves multiple ethnic groups and has resulted in an
estimated 14,000 deaths since 1991. Also, an estimated 1.7 to 2.1
million Sierra Leoneans have been displaced internally or are living as
refugees in neighboring countries because of the war. Guinean and
Nigerian troops serve with the Sierra Leonean military.
Government troops committed many abuses against suspected rebels and
their noncombatant supporters, including summary executions of
prisoners. The RSLMF engaged in public humiliation and torture of
captives, including disfigurement, beating, and parading captives naked,
and sometimes displayed human skulls as trophies. In its air operations
against RUF targets, the Government destroyed some villages and killed
an undetermined number of civilians.
The rebels also committed numerous abuses of international humanitarian
law against civilians, RSLMF soldiers, and their mercenary advisors. In
a February attack, the military aide to the Head of State, the
expatriate commander of the mercenary advisory group, and several other
individuals were killed by rebels in an ambush. None of the bodies was
ever recovered, and reports indicated later that they were mutilated and
put on display in rebel-held areas.
In March RUF rebels summarily executed 18 relatives of a senior NPRC
official in the Southern province. In a June attack at Port Loko in
which rebels killed approximately 100 to 150 people, rebels used the
bodies of slain villagers as barricades across the road entering the
town. Among the rebels, most ethnic groups are represented, but Mende
and Kissy groups predominate. Attacks by armed men on vehicles along
the main roads from Freetown, particularly the road to Bo in the south
and Kenema in the Eastern province, severely restricted delivery of
relief food and other supplies to displaced persons in areas outside
Freetown. The Government did not formally authorize the ICRC to deliver
food assistance to rebel-controlled areas, but did not prevent them from
doing so.
There appears to have been little ethnically motivated violence in the
hostilities to date.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Although the Constitution provides for freedom of speech, the Government
abridges freedom of expression if it deems national security to be
endangered. Criticizing government leaders or offending the dignity of
the state are criminal offenses. Although the military regime can
severely restrict freedom of speech, there was nonetheless some
criticism of the Government in the press and in other forums (see
Section 1.d.). The Government has not always attempted to halt these
challenges, although the Government detained and questioned a journalist
who printed remarks from a press conference criticizing the Government
for hiring South African mercenaries to fight the war, holding him for
10 days without charge (see Section 1.d.). A theater director reported
that the inspector general of police refused to permit the staging of a
production because the names of some characters were politically
sensitive. Three other theater directors claimed that the police
demanded to see scripts of their productions before granting them
performance permits. A seditious libel case brought by the Government
against employees of a newspaper which printed a controversial editorial
in October 1993 was settled in August. The court found the defendants
guilty, fined and released them.
Despite strict registration and publication requirements, newsprint
shortages, and a shortage of trained and professional journalists, there
were 13 newspapers at year's end.
Journalists continued to suffer threats and intimidation by government
authorities. In January police arrested the president and a board
member of the journalists' association and interrogated them for 7 hours
about the 1991 publication of the RUF national anthem. In March a
journalist was arrested and held for 10 days without charge in
connection with the publication of a photograph of an RSLMF captain who
had defected to the RUF. In April a freelance photojournalist was
arrested and questioned about photographs he took showing government
troops torturing prisoners. Because of continuing verbal harassment by
a senior NPRC official after his release, the journalist went into
hiding. In September police arrested two journalists, human rights
monitor and editor Paul Kamara, and fellow newspaper editor Vandi
Kallon. Police accused both of giving the enemy useful information, but
subsequently released them without formal charge.
The Government continued to require that all news reports concerning the
country's internal conflict be submitted to the Department of Defense
for approval prior to publication or broadcast. Many journalists
exercise self-censorship.
One of the capital's two radio stations is government-controlled and
reflects only the views of the Government. The other is operated by
Christian missionaries and broadcasts religious programming and Voice of
America news. Two more privately owned stations operate in the
provinces. The Government owns and operates the only television
station.
There were no reports of detention of educators or threats to them for
their teaching activities.
b. Freedom of Peaceful Assembly and Association
The 1991 Constitution provides for freedom of assembly as well as the
right to form political, economic, social, and professional
organizations. The NPRC lifted its ban on political parties in June,
but banned 57 individuals from participation in political activities for
a period of 10 years (see Section l.d.). The NPRC permitted peaceful
demonstrations, routinely granting the required permits.
c. Freedom of Religion
The Constitution provides for freedom of religion, and the Government
respects this right in practice.
d. Freedom of Movement Within the Country, Foreign Travel,
Emigration, and Repatriation
There were no legal restrictions on travel within the country, but
unsafe conditions often prevented travel outside Freetown and the
western peninsula. Personnel at military and paramilitary checkpoints
also delayed travel, frequently demanding bribes. NPRC decrees permit
senior police and military officers to stop and question any person.
Exit visas are required for anyone except diplomats seeking to travel
outside the country. There are no restrictions on emigration or
repatriation. Continuing conflict internally displaced as many as 1.7
million persons during 1995, reducing food production and placing a
severe strain on the economy. In addition to the internally displaced,
an estimated 400,000 Sierra Leoneans sought refuge in Guinea and
Liberia.
Sierra Leone continued to host approximately 5,000 Liberian refugees.
The Government did not force refugees to repatriate to countries in
which they fear persecution, but does not provide a formal process for
granting political asylum.
Section 3 Respect for Political Rights: The Right of Citizens to
Change their Government
Citizens do not have this right. The NPRC controls all government
institutions and appoints all senior government officials. The NPRC is
composed of the Supreme Council of State (SCS), and the Council of
Secretaries of State. The SCS formulates government policy, serving as
a de facto legislature; day-to-day government operations are overseen by
the department secretaries, who make up the Cabinet.
In late September, military authorities charged nine junior level NPRC
bodyguards with coup-plotting in Freetown; they await court-martial. In
January 1996 Brigadier Bio deposed Captain Strasser as Chairman of the
NPRC.
The RUF has publicly vowed to block elections in Sierra Leone, but does
not appear to promote a coherent political philosophy (see Section
1.a.).
Women are underrepresented in the Government. A woman heads the
Department of Education, only the second female cabinet level official
in the country's history. The two largest cities have female mayors.
Some senior civil service, police, and judicial positions are held by
women. There are no female NPRC members.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human Rights
The Government allows one local human rights group, the League for Human
Rights and Democracy, to exist, and several local NGO's are active in
defense of women's rights (see Section 1.d.). There is a local chapter
of Amnesty International in Freetown.
The Government also allowed the ICRC to visit prisoners in Pademba Road
Prison and suspected rebels in various military barracks. It granted
Amnesty International access to all prisoners which it requested to
visit.
Section 5 Discrimination Based on Race, Sex, Religion, Disability,
Language, or Social Status
The Constitution prohibits discrimination against women and provides
some protection against official discrimination on the basis of race and
ethnicity, except for the prohibition against citizenship for persons
with a non-African father. This provision effectively blocks
citizenship and political participation by the Lebanese community,
persons of Afro-Lebanese descent, and persons with non-African fathers.
On occasion, government commissions have publicized an intent to change
this provision of the Constitution, but have met strong public protest.
Women
Violence against women, especially wife beating, is common. The police
are unlikely to intervene in domestic disputes except in cases of severe
injury or death. Few cases of such violence go to court. Sierra Leone
does not recognize domestic violence against women as a societal problem
and the Government gives it little high-level attention.
Rape remains a recognized societal problem. It is punishable by up to
14 years' imprisonment. The Government does enforce this law.
The Constitution provides for equal rights for women, but in practice
women face both legal and societal discrimination. Their rights and
status under traditional law vary significantly, depending upon the
ethnic group. The Temne and Limba tribes of the north, for example,
afford greater rights to a woman to inherit property than do the Mende,
who give preference to male heirs and unmarried daughters. In the
north, on the other hand, women cannot become paramount chiefs. In the
south, there are a number of female paramount chiefs.
Women do not have equal access to education, economic opportunities,
health facilities, or social freedoms. In rural areas women perform
much of the subsistence farming, all of the child rearing, and have
little opportunity for education. The average educational level for
women is markedly below that of men; only 6 percent are literate. At
the university level, men predominate. Women Organized for an
Enlightened Nation, a local NGO, seeks to educate women throughout the
country on their civil rights and responsibilities. The group met with
the Interim National Electoral Commission and gained additional
representation for women at the National Consultative Conference in
August. A Women's Bureau in the Department of Health and Social
Services concerned itself with women's issues in the country at large,
but was largely ineffective due to lack of resources and training.
Every government department, including State House, is mandated to have
a coordinator for women's affairs work with the Women's Bureau to
monitor treatment of women employees, but few perform effectively.
Children
The Government has made modest efforts to address, with the help of
NGO's, the integration of "boy soldiers" back into society. Many
underage boys were allowed to join military operations early in the war.
The rebel forces routinely conscript young men and women into their
ranks when they attack rural villages. The malnutrition rate among
children, according to Medecins sans Frontieres, is extremely high, an
estimated 29 percent, while child mortality is also high, and
increasing.
Instances of ritual murders of boys and girls, as well as adults,
associated with animist religious groups in the provinces, continued.
The press reported these murders widely, and they were openly discussed
in public. The Government arrested several ritual murder suspects in
1995, but did not publicize any information about their court cases.
Given the state of the judiciary, these cases, like many others, are
still pending.
Female genital mutilation (FGM), which is widely condemned by
international health experts as damaging to both physical and
psychological health, is widely practiced on girls at a young age,
especially in traditional tribal groups and among the less educated.
While one independent expert in the field estimates the percentage of
females who have undergone this procedure may be as high as 80 percent,
local groups believe that this figure is overstated. Membership in
female secret societies which practice FGM in their initiation rites has
been declining.
People with Disabilities
Questions of public facility access and discrimination against the
disabled have not become public policy issues. The Department of
Education has, however, an official whose function is to implement the
mainstreaming of students with learning disabilities.
No laws mandate accessibility to buildings or provide for other
assistance for the disabled. There does not appear to be outright
discrimination against the disabled in housing or education, but with
the high rate of unemployment, few disabled persons work in offices or
factories. The difficulty disabled people face in finding employment
places many facilities and services beyond their financial means.
National/Racial/Ethnic Minorities
The Government does not officially approve of discrimination among
people of different ethnic groups, but ethnic loyalty remains an
important factor in government, military, and business. Complaints of
corruption and ethnic discrimination in government appointments,
contracts, military commissions, and promotions are common.
Residents of non-African descent face institutionalized political
restrictions. The Constitution restricts citizenship to people of
Negro-African descent following a patrilineal pattern, effectively
denying citizenship to many persons, notably in the Lebanese community,
the largest affected minority.
Section 6 Worker Rights
a. The Right of Association
Unions have continued their activities under the NPRC. The Constitution
provides for the right of association, and all workers, including civil
servants, have the right to join trade unions of their choice. Unions
are independent of the Government. Individual labor unions have by
custom joined the Sierra Leone Labor Congress (SLLC), and all unions are
members of it. Membership is, however, voluntary. There is no legal
prohibition against the SLLC leadership holding political office, and
leaders have held both elected and appointed government positions.
Under the Trade Union Act, any five persons may form a trade union by
applying to the Registrar of Trade Unions, who has statutory powers
under the act to approve the creation of trade unions. The Registrar
may reject applications for several reasons, including an insufficient
number of members, proposed representation in an industry already served
by an existing union, or incomplete documentation. If the Registrar
rejects an application, his decision may be appealed in the ordinary
courts, but applicants seldom take such action. Approximately 60
percent of workers in urban areas, including government employees, are
unionized, but unions have had little success in organizing workers in
the agricultural and mining sectors.
Unions have the right to strike without exception, but the Government
may require 21 days' notice. NPRC decrees which prohibit disruption of
public tranquility or disruption of supplies could be employed to
prevent a prolonged strike. Although union members may be fired for
participating in even a lawful strike, no such incidents were reported.
Unions are free to form federations and confederations and affiliate
internationally. The SLLC is a member of the International
Confederation of Free Trade Unions, and there are no restrictions on the
international travel or contacts of trade unionists.
b. The Right to Organize and Bargain Collectively
The legal framework for collective bargaining is the Regulation of Wages
and Industrial Relations Act. Collective bargaining must take place in
trade group negotiating councils, each of which has an equal number of
employer and worker representatives. Most enterprises are covered by
collective bargaining agreements on wages and working conditions. The
SLLC provides assistance to unions in preparing for negotiations. In
case of a deadlock, the Government may intervene. It has not, however,
used decrees to prevent strikes.
No law prohibits retribution against strikers. Should an employee be
fired for union activities, he or she may file a complaint with a labor
tribunal and seek reinstatement. Complaints of discrimination against
unions are made to an arbitration tribunal. Individual trade unions
investigate alleged violations of work conditions to try to ensure that
employers take the necessary steps to correct abuses.
The labor laws also apply to enterprises located in export processing
zones.
c. Prohibition of Forced or Compulsory Labor
Under the Chiefdom's Council Act, compulsory labor may be imposed by
individual chiefs, requiring members of their villages to contribute to
the improvement of common areas. This practice exists only in rural
areas. There is no penalty for noncompliance.
The NPRC does not require compulsory labor. A decree does require that
homeowners, businessmen, and vendors clean and maintain their premises.
Failure to comply is punishable by fine or imprisonment. Determinations
of such cleaning and maintenance may be made by any health officer,
police officer, or member of the armed forces. The last Saturday of
each month is declared a National Cleaning Day, and there were instances
of security forces publicly humiliating citizens to ensure compliance.
d. Minimum Age for Employment of Children
The minimum age for employment is officially 18 years, but in practice
there is no enforcement because there is no government entity
specifically charged with this task. Children routinely assist in
family businesses, especially those of vendors and petty traders. In
rural areas children work seasonally on family subsistence farms.
Because the adult unemployment rate is high (60 percent in some areas),
few children are involved in the industrial sector. There have been
reports that young children have been hired by foreign employers to work
as domestics overseas at extremely low wages and in appalling
conditions. The Department of Foreign Affairs and International
Cooperation is responsible for reviewing overseas work applications to
see that no one under 14 is employed for this purpose and to enforce
certain wage standards.
e. Acceptable Conditions of Work
There is no minimum wage. Purchasing power continued to decline, and
most workers have to pool incomes with their extended families and
engage in subsistence food production in order to maintain a minimum
standard of living. The Government's suggested standard workweek is 38
hours, but this is not mandated, and most workweeks exceed 38 hours.
The Government sets health and safety standards, but the standards are
outmoded and often not enforced. The Health and Safety Division of the
Department of Labor has inspection and enforcement responsibility, but
inadequate funding and transportation limit its effectiveness.
Health and safety regulations are included in collective bargaining
agreements, but there is no evidence of systematic enforcement of those
health and safety standards. Trade unions provide the only protection
for workers who file complaints about working conditions. Initially, a
union makes a formal complaint about a hazardous work condition. If
this is rejected, the union may issue a 21-day strike notice. If
workers remove themselves from dangerous work situations without making
a formal complaint, they risk being fired.
(###)
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