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Title: Appendix A: Notes on Preparation of Report, 1995
Author: U.S. Department of State
Date: March 1996
APPENDIX A
Notes on Preparation of the Reports
We base the annual Country Reports on Human Rights Practices on
information available from all sources, including American and foreign
government officials, victims of human rights abuse, academic and
congressional studies, and reports from the press, international
organizations, and nongovernmental organizations (NGO's) concerned with
human rights. We find particularly helpful, and make reference in most
reports to, the role of NGO's, ranging from groups in a single country
to those that concern themselves with human rights worldwide. While
much of the information we use is already public, information on
particular abuses frequently cannot be attributed, for obvious reasons,
to specific sources.
By law, we must submit the reports to Congress by January 31. To
comply, we provide guidance to United States diplomatic missions in July
for submission of draft reports in September and October, which we
update by year's end as necessary. Other offices in the Department of
State provide contributions and the Bureau of Democracy, Human Rights,
and Labor prepares a final draft. Because of the preparation time
required, it is possible that yearend developments may not be fully
reflected. We make every effort to include reference to major events or
significant changes in trends.
We have attempted to make these country reports as comprehensive as
space will allow, while taking care to make them objective and as
uniform as possible in both scope and quality of coverage. We have
given particular attention to attaining a high standard of consistency
despite the multiplicity of sources and the obvious problems related to
varying degrees of access to information, structural differences in
political and social systems, and trends in world opinion regarding
human rights practices in specific countries.
It is often difficult to evaluate the credibility of reports of human
rights abuses. With the exception of some terrorist organizations, most
opposition groups and certainly most governments deny that they commit
human rights abuses and often go to great lengths to conceal any
evidence of such acts. There are often few eyewitnesses to specific
abuses, and they frequently are intimidated or otherwise prevented from
reporting what they know. On the other hand, individuals and groups
opposed to a particular government sometimes have powerful incentives to
exaggerate or fabricate abuses, and some governments similarly distort
or exaggerate abuses attributed to opposition groups. We have made
every effort to identify those groups (e.g., government forces,
terrorists, etc.) that are believed, based on all the evidence
available, to have committed human rights abuses. Where credible
evidence is lacking, we have tried to indicate why. Many governments
that profess to oppose human rights abuses in fact secretly order or
tacitly condone them or simply lack the will or the ability to control
those responsible for them. Consequently, in judging a government's
policy, it is important to look beyond statements of policy or intent in
order to examine what in fact a government has done to prevent human
rights abuses, including the extent to which it investigates, tries, and
appropriately punishes those who commit such abuses. We continue to
make every effort to do that in these reports.
To increase uniformity, the introductory section of each report contains
a brief setting, indicating how the country is governed and providing
the context for examining the country's human rights performance. A
description of the political framework and the role of security and law
enforcement agencies with respect to human rights is followed by a brief
characterization of the economy. The setting concludes with an overview
of human rights developments in the year under review, mentioning
specific areas (e.g., torture, freedom of speech and press,
discrimination) in which abuses and problems occurred.
We have continued the effort from previous years to expand reporting on
human rights practices affecting women, children, and indigenous people.
We discuss in the appropriate section of the report any abuses that are
targeted specifically against women (e.g., rape or other violence
perpetrated by governmental or organized opposition forces, or
discriminatory laws or regulations). In Section 5, we continue to
discuss socioeconomic discrimination; societal violence against women,
children, or minority group members; and the efforts, if any, of
governments to combat these problems.
With regard to governmental policies on the welfare of children, readers
may wish to consult "The State of the World's Children 1996," published
by the United Nations Children's Fund, which provides a wide range of
data on health, education, nutrition, and rates of infant mortality and
mortality under 5 years of age in some 145 countries, as well as
information on the degree of progress that these countries are making in
reducing the key mortality rate for those under age 5.
The following notes on specific categories of the report are not meant
to be comprehensive descriptions of each category but to provide
definitions of key terms used in the reports and to explain the
organization of material within the format:
Political and Other Extrajudicial Killing--Includes killings in which
there is evidence of government instigation without due process of law
or of political motivation by government or by opposition groups; also
covers extrajudicial killings (e.g., deliberate, illegal, and excessive
use of lethal force by the police, security forces, or other agents of
the State whether
against criminal suspects, detainees, prisoners, or others); excludes
combat deaths and killings by common criminals, if the likelihood of
political motivation can be ruled out (see also Section 1.g.). Although
mentioned briefly here, deaths in detention due to official negligence
are covered in detail in Section 1.c.
Disappearance--Covers unresolved cases in which political motivation
appears likely and in which the victims have not been found or
perpetrators have not been identified; cases eventually classed as
political killings are covered in the above category, those eventually
identified as arrest or detention are covered under "Arbitrary Arrest,
Detention, or Exile."
Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment--Torture is here defined as an extremely severe form
of cruel, inhuman, or degrading treatment or punishment, committed by or
at the instigation of government forces or opposition groups, with
specific intent to cause extremely severe pain or suffering, whether
mental or physical. Discussion concentrates on actual practices, not on
whether they fit any precise definition, and includes use of physical
and other force that may fall short of torture but which is cruel,
inhuman, or degrading. This section also covers prison conditions,
including whether conditions meet minimum international standards, and
deaths in custody due to negligence by government officials.
Arbitrary Arrest, Detention, or Exile--Covers cases in which detainees,
including political detainees, are held in official custody without
charges or, if charged, are denied a public preliminary judicial hearing
within a reasonable period. Also discusses whether, and under what
circumstances, governments exile citizens.
Denial of Fair Public Trial--Briefly describes the court system and
evaluates whether there is an independent judiciary and whether trials
are both fair and public (failure to hold any trial is noted in the
category above); includes discussion of "political prisoners" (political
detainees are covered above), defined as those imprisoned for
essentially political beliefs or nonviolent acts of dissent or
expression, regardless of the actual charge.
Arbitrary Interference with Privacy, Family, Home, or Correspondence--
Discusses the "passive" right of the individual to noninterference by
the State; includes the right to receive foreign publications, for
example, while the right to publish is discussed under "Freedom of
Speech and Press"; includes the right to be free from coercive
population control measures, including coerced abortion and involuntary
sterilization, but does not include cultural or traditional practices,
such as female genital mutilation, which are addressed in Section 5.
Use of Excessive Force and Violations of Humanitarian Law in Internal
Conflicts--An optional subsection for use in describing abuses that
occur in countries experiencing significant internal armed conflict.
Includes indiscriminate, nonselective killings arising from excessive
use of force, e.g., by police in putting down demonstrations, or by the
shelling of villages (deliberate, targeted killing would be discussed in
Section l.a.). Also includes abuses against civilian noncombatants.
For reports in which use of this section would be inappropriate, i.e.,
in which there is no significant internal conflict, lethal use of
excessive force by security forces (which is herein defined as a form of
extrajudicial killing) is discussed in Section 1.a.; nonlethal excessive
force in Section 1.c.
Freedom of Speech and Press--Evaluates whether these freedoms exist and
describes any direct or indirect restrictions. Includes discussion of
academic freedom.
Freedom of Peaceful Assembly and Association--Evaluates the ability of
individuals and groups (including political parties) to exercise these
freedoms. Includes the ability of trade associations, professional
bodies, and similar groups to maintain relations or affiliate with
recognized international bodies in their fields. The right of labor to
associate and to organize and bargain collectively is discussed under
Section 6, Worker Rights (see Appendix B).
Freedom of Religion--Discusses whether the constitution or laws provide
for the right of citizens of whatever religious belief to worship free
of government interference and whether the government respects that
right. Includes the freedom to publish religious documents in foreign
languages; addresses the treatment of foreign clergy and whether
religious belief affects membership in a ruling party or a career in
government.
Freedom of Movement Within the Country, Foreign Travel, Emigration, and
Repatriation--Includes discussion of forced resettlement; "refugees" may
refer to persons displaced by civil strife or natural disaster as well
as persons who are "refugees" within the meaning of the Refugee Act of
1980, i.e., persons with a "well-founded fear of persecution" in their
country of origin or, if stateless, in their country of habitual
residence, on account of race, religion, nationality, membership in a
particular social group, or political opinion.
Respect for Political Rights: The Right of Citizens to Change Their
Government--Discusses the extent to which citizens have freedom of
political choice and have the legal right and ability in practice to
change the laws and officials that govern them; assesses whether
elections are free and fair.
Governmental Attitude Regarding International and Nongovernmental
Investigation of Alleged Violations of Human Rights--Discusses whether
the government permits the free functioning of local human rights groups
(including the right to investigate and publish their findings on
alleged human rights abuses) and whether they are subject to reprisal by
government or other forces. Also discusses whether the government
grants access to and cooperates with outside entities (including foreign
human rights organizations, international organizations, and foreign
governments) interested in human rights developments in the country.
Discrimination Based on Race, Sex, Religion, Disability, Language, or
Social Status--Every report contains a subheading on Women, Children,
and People With Disabilities. As appropriate, some reports also include
subheadings on Indigenous People, Religious Minorities, and
National/Racial/Ethnic Minorities. Discrimination against groups not
fitting one of the above subheadings is discussed in the introductory
paragraphs of Section 5. In this section we address discrimination and
abuses not discussed elsewhere in the report, focusing on laws,
regulations, or state practices which are inconsistent with equal access
to housing, employment, education, health care, or other governmental
benefits by members of specific groups. (Abuses by government or
opposition forces, such as killing, torture and other violence, or
restriction of voting rights or free speech targeted against specific
groups would be discussed under the appropriate preceding sections.)
Societal violence against women, e.g., "dowry deaths," wife beating,
rape, trafficking in women, and government tolerance of such abuse, is
discussed in this section under the subheading on women. We also
discuss under this subheading the extent to which the law provides for,
and the government enforces, equality of economic opportunity for women.
Similarly, we discuss violence or other abuse against children under
that subheading. Because female genital mutilation (circumcision) is
most often performed on children, we discuss it under that subheading.
Worker Rights -- See Appendix B.
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[end of document]

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