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Title: Nauru Human Rights Practices, 1995
Author: U.S. Department of State
Date: March 1996
NAURU
The Republic of Nauru, a small Pacific island with about 10,500
inhabitants, gained independence in 1968, at which time it adopted a
modified form of parliamentary democracy. Nauru has two levels of
government, the unicameral Parliament and the Nauru Island Council
(NIC). Parliamentary elections must be held at least triennially. The
Parliament, consisting of 18 members from 14 constituencies, is
responsible for national and international matters. It elects the
President, who is both Head of State and Head of Government, from among
its members. The NIC acts as the local government and is responsible
for public services. The judiciary is independent.
Nauru has no armed forces although it does maintain a small police force
(less than 100 members) under civilian control.
The economy depends almost entirely on the country's rich phosphate
deposits, mined by the government-owned Nauru Phosphate Corporation
(NPC). The Government places a large percentage of the NPC's earnings
in long-term investments meant to support the citizenry after the
phosphate reserves have been exhausted, which, using current extraction
techniques, will probably occur by the year 2000. The Governments of
Nauru and Australia reached a $70.4 million out-of-court settlement in
1993 for rehabilitation of the Nauruan lands ruined by Australian
phosphate mining, with specific proposals for the next 10 to 25 years
submitted to Parliament at midyear for approval.
Fundamental human rights are provided for in the Constitution and
generally respected in practice. There were no reports of specific
human rights abuses, but in the traditional culture women occupy a
subordinate, child-producing role, with limits on their job
opportunities. Complaints of discrimination against guest workers from
Kiribati, Tuvalu, and Vanuatu, particularly in treatment by police and
in housing, continued.
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 reports of political or other extrajudicial killings.
b. Disappearance
There were no reports of politically motivated disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment
The Constitution prohibits these practices, and the Government respects
these prohibitions in practice.
The Government attempts to provide internationally accepted minimum
prison conditions within its limited financial needs and in accordance
with local living standards. Prison conditions, however, are basic, and
food and sanitation are limited. There are no local human rights
groups, and the question of visits to prisons by human rights monitors
has not been raised. Visits by church groups and family members are
permitted.
d. Arbitrary Arrest, Detention, or Exile
The constitutional prohibition against arbitrary arrest and detention is
honored. The police may hold a person for no more than 24 hours without
a hearing before a magistrate. The Government does not practice forced
exile.
e. Denial of Fair Public Trial
Nauru maintains an independent judiciary, and constitutional provisions
for both a fair hearing and a public trial are respected. Defendants
may have legal counsel, and a representative will be appointed when
required "in the interest of justice." However, many cases never reach
the formal legal process, as traditional reconciliation is used--usually
by choice but sometimes under communal (not government) pressure. Guest
workers from Kiribati and Tuvalu are particularly at a disadvantage in
complaints against Nauruan citizens. Nauru has only two trained
lawyers, and many people are represented in court by "pleaders," trained
paralegals certified by the Government.
There were no reports of political prisoners.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence
The Constitution generally prohibits these abuses. Searches not
sanctioned by court order are prohibited, and there is no surveillance
of individuals or of private communications. Citizenship and
inheritance rights are traced through the female line. Until very
recently, laws restricted intermarriage with non-Nauruans. Although the
laws have changed, intermarriage between women and foreign males still
draws substantial social censure. The foreign spouses--male or female--
of citizens have no automatic right of abode in Nauru. They are,
however, normally granted short-term "visits" sponsored by the Nauru
spouse, or they may apply for longer
term work permits. Foreign spouses are not eligible for citizenship.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Constitution provides for freedom of expression. News and opinion
circulate freely, rapidly, and widely by the press and word of mouth.
The country has two regular publications: the private, fortnightly
newspaper, the Central Star News, which operates and editorializes
freely; and the Government Gazette, which contains mainly official
notices and announcements. The sole radio station, also owned and
operated by the Government, broadcasts Radio Australia and British
Broadcasting Corporation news reports but not local news. Pay
television broadcast from New Zealand is received by satellite. Foreign
publications are widely available.
There are no prohibitions or restrictions on academic freedom.
b. Freedom of Peaceful Assembly and Association
The Government respects the constitutional right of peaceful assembly
and association. There are no limitations on private associations, and
no permits are required for public meetings.
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
The law provides for these rights for citizens, and the Government
respects them in practice.
Foreign workers must apply to their employers for permission to leave
during the period of their contracts. They may break the contract and
leave without permission but would lose their positions and often a
sizable bond as a result. In most cases, foreign employees whose
contracts are terminated by their employers must leave Nauru within 60
days.
There have been no known cases of asylum seekers or refugees, and
accordingly no government policy toward them has been formulated.
Section 3 Respect for Political Rights: The Right of Citizens to
Change Their Government
Citizens have, and exercise, the right to change their government.
Although Nauru has no organized political parties, persons with diverse
points of view run for and are elected to Parliament and to the NIC.
Parliament elects the President. Nauru has had eight changes in
presidential leadership since independence in 1968. Power has always
been transferred peacefully and in accordance with the Constitution. In
November Nauru's newly elected Parliament selected Lagumot Harris to
succeed Bernard Dowiyogo as President. Voting by secret ballot is
compulsory for all citizens over age 20 for parliamentary elections.
There have been multiple candidates for all parliamentary seats during
recent elections. The approximately 3,000 guest workers have no voice
in political decisions.
There are no legal impediments to participation in politics by women,
and women have in the past served in Parliament. Currently, there is
one woman, elected in the November elections, serving in Parliament.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
There are no restrictions on establishing local groups that concern
themselves specifically with human rights, but to date none has been
formed. There have been no allegations by outside organizations of
human rights violations in Nauru, nor any requests for investigations.
Section 5 Discrimination Based on Race, Sex, Religion, Disability,
Language, or Social Status
The Constitution prohibits discrimination on the basis of race, sex,
religion, disability, language, or social status. The Government
generally observes this in practice; however, women do not receive the
same degree of freedom and protection as men.
Women
Previous governments have shown little interest in the problems of
women. While the current authorities give high priority to improved
health care and education, the island has no gynecologists, and the
Government has not addressed the physical abuse of women and does not
collect statistics on it. Some credible reports indicate that sporadic
abuse, often aggravated by alcohol abuse, occurs. Families usually
attempt to reconcile such problems informally as is standard islander
practice. Major and unresolved family disputes are treated seriously by
the courts and the Government.
Constitutional provisions assuring women the same freedoms and
protections as men are not fully observed in practice. The Government
provides equal opportunities in education and employment, and women are
free to own property and pursue private interests. However, both the
Government and society still give women clear signals that their
ultimate goal should be marriage and raising a family. Nauru's
population has been almost eliminated on several occasions, first by
disease and drought, and then during World War II as a result of massive
removals by the Japanese. The Government has gone to great lengths to
encourage large families, and Nauruan women complain that emphasis on
their reproductive role reduces their opportunities. For example, young
women studying abroad on scholarship and contemplating marriage possible
termination of their educational grants as it is assumed that they will
leave the work force and thus not require additional academic training.
Children
The Government devotes considerable attention to the welfare of
children, with particular stress on their health and educational needs.
Child abuse statistics do not exist, but alcohol abuse sometimes leads
to child neglect or abuse. The NIC treats child abuse as a serious
communal matter. While there was one reported case in 1994, there have
been none in 1995.
People with Disabilities
There is no reported discrimination in employment, education, and the
provision of state services to persons with disabilities. There is,
however, no legislation mandating accessibility to public buildings and
services for the disabled.
National/Racial/Ethnic Minorities
Foreign laborers, mainly from Vanuatu, Kiribati, and Tuvalu, experience
some discrimination. While guest workers are provided free housing, the
shelters they are given are often poorly maintained and overcrowded.
Some guest workers have alleged that the police rarely act on complaints
they make against citizens.
Section 6 Worker Rights
a. The Right of Association
The Constitution provides for the right of citizens to form and belong
to trade unions or other associations. However, Nauru has virtually no
labor laws, and there are currently no trade unions. Past efforts to
form unions were officially discouraged. The transient nature of the
mostly foreign work force and the relative prosperity of the citizenry
have also served to hamper efforts to organize the labor force. The
right to strike is neither protected, prohibited, nor limited by law.
No strikes took place in 1995. Nauru is not a member of the
International Labor Organization. There are no provisions which would
prohibit or limit the right of unions to affiliate with international
bodies.
b. The Right to Organize and Bargain Collectively
While there are no legal impediments, collective bargaining does not
take place, and, as noted above, has been unsuccessful. The private
sector organizing union employs only about 1 percent of Nauru's salaried
workers. For government workers, public service regulations determine
salaries, working hours, vacation periods, and other employment matters.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor
The Constitution forbids forced or compulsory labor, and there have been
no instances of either.
d. Minimum Age for Employment of Children
Education is compulsory until age 16; the law sets 17 as the minimum age
of employment. This is honored by the only two large employers, the
Government and the NPC. Some children under age 17 work in the few
small family owned businesses.
e. Acceptable Conditions of Work
Minimum wages vary considerably between office workers and manual
laborers, but they suffice to provide an adequate, if modest, standard
of living. Thanks to yearly dividends paid by the NPC, most families
live in simple but adequate housing, and almost every Nauruan family
owns at least one car or truck. The Government sets the minimum yearly
wage administratively for both public and private sectors. Since
November 1992, that rate has been $6,562 ($A9,056) for those 21 years of
age or older. The rate is progressively lower for those under 21 years
of age. Employers determine wages for foreign contract workers based on
market conditions and the consumer price index. Usually foreign workers
and their families receive free housing, utilities, medical treatment,
and often a food allowance. By regulation the workweek for office
workers is 36 hours and for manual laborers 40 hours in both the public
and private sectors. Neither law nor regulations stipulate a weekly
rest period; however, most workers observe Saturdays and Sundays as
holidays.
The Government sets health and safety standards. The NPC has an active
safety program that includes worker education and the use of safety
helmets, safety shoes, respirators for dusty conditions, and other
safety measures. The NPC has a safety officer who is specifically
responsible for improving safety standards and compliance throughout the
company.
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