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Title: Bhutan Human Rights Practices, 1995
Author: U.S. Department of State
Date: March 1996
BHUTAN*
*The United States does not have an embassy in Bhutan. Information on
the human rights situation is therefore limited.
The Wangchuk dynasty of hereditary monarchs has ruled Bhutan 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 l0th
century. There is no written constitution or bill of rights. King
Jigme Singhye Wangchuk, on the throne since 1972, has continued efforts
toward social and political modernization begun by his father.
Three quarters of the population of 600,000 is composed of Buddhists
with cultural traditions akin to those of Tibet. The remaining quarter
of the population are mostly Hindus of Nepalese origin inhabiting the
country's southern districts. The rapid growth of this ethnic Nepalese
segment of the population and the Buddhist majority's fear for the
survival of their culture led to ethnic conflict and repression of
ethnic Nepalese in southern districts during the late 1980s and early
1990s. Tens of thousands of ethnic Nepalese left Bhutan, many forcibly
expelled. Approximately 90,000 remain in refugee camps in Nepal and
upwards of 15,000 reside in the Indian states of Assam and West Bengal.
The Royal Bhutan Police, assisted by the Royal Bhutan Army, including
those assigned to the Royal Body Guard, and a national militia,
maintains internal security. Some members of these forces committed
human rights abuses against ethnic Nepalese in the past.
The economy is based on agriculture and forestry, which provide the main
livelihood for 90 percent of the population and account for about half
of the GDP. Agriculture consists largely of subsistence farming and
animal husbandry. Cardamon, citrus fruit, and spices are the leading
agricultural exports. Cement and electricity are the other important
exports. Strong trade and monetary links align the economy closely to
that of India. Hydroelectric power production potential and tourism are
key resources, although the Government limits foreign tourist arrivals
by means of pricing policies. The gross national product per capita is
estimated to be $700.
The Government significantly restricts the rights of the Kingdom's
citizens. The King exercises strong and active, although indirect,
influence over the Government. The Government discourages political
parties and none operate legally. Judicial processes remain rooted in
practices hundreds of years old. Written criminal and civil procedure
codes are lacking, although programs to build a body of law and train
lawyers are underway. There are significant limitations on the right to
a fair trial, assembly, association, privacy, and workers' rights. All
private television reception has been banned since 1989. The Government
has failed to reach agreement with the Government of Nepal on procedures
for screening and repatriation of the refugees. The Government has done
little to investigate and prosecute security force officials responsible
for torture and other abuses committed against ethnic Nepalese
residents.
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.
From 1989 to 1992, many of the thousands of ethnic Nepalese detained on
suspicion of supporting a dissident movement were held in incommunicado
detention. The Government has denied responsibility for any
disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment
There were no reliable reports of torture or of rape by security forces
in 1995. However, new and credible evidence continues to emerge among
recent arrivals in refugee camps in southern Nepal that persons detained
as suspected dissidents in the early 1990's were tortured during
confinement. Security forces committed these abuses in southern Bhutan
as a part of the Government's efforts to reduce the presence of ethnic
Nepalese. This policy created a climate of impunity in which the
Government tacitly condoned the physical abuse of ethnic Nepalese.
There is little indication that the Government has adequately
investigated or punished any security force officials involved in the
widespread abuses of 1989-92.
Prison conditions are below international standards, but have been
described by international monitors as adequate if austere. A prison
visit program begun in 1993 by the International Committee of the Red
Cross (ICRC) and opening of a new prison in Chemgang in 1994 contributed
to substantial improvement in conditions of detention over the primitive
conditions that existed until a few years ago.
d. Arbitrary Arrest, Detention, or Exile
Under the Police Act of 1979, police may not arrest a person without a
warrant and must produce an arrested person before a court within 24
hours of arrest, exclusive of travel time from the place of arrest.
Legal protections are incomplete, however, due to the lack of a fully
elaborated criminal procedure code and deficiencies in police training
and practice. Arbitrary arrest and detention remain a problem but are
not routinely used as a form of harassment. There may be delays in
informing family members of an arrest. Incommunicado detention of
suspected militants was a serious problem in 1991 and 1992, but the
initiation of ICRC prison visits and establishment of an ICRC mail
service between detainees and family members has helped allay this
problem. The authorities continued to hold 129 persons on charges
associated with political dissidence in southern Bhutan. Of these, 49
were serving sentences following conviction and 79 were still being
tried 5 years after their alleged offenses were committed.
Although the Government does not formally use exile as a form of
punishment, many accused political dissidents freed under government
amnesties say they were released on the condition that they depart the
country. Many of them subsequently registered at refugee camps in
Nepal.
e. Denial of Fair Public Trial
There is no constitution and the judiciary is not independent of the
King.
The judicial system consists of district courts and a High Court in
Thimphu, with judges appointed by the King on the recommendation of the
Chief Justice. Minor offenses and administrative matters are
adjudicated by village headmen.
Criminal cases and a variety of civil matters are adjudicated under a
legal code established in the 17th century and revised in 1965. For
offenses against the State, state-appointed prosecutors file charges and
prosecute cases. In other cases, the relevant organizations and
departments of government file charges and conduct the prosecution.
Defendants are supposed to be presented with written charges in
languages they understand and are given time to prepare their own
defense. This practice is not always followed, however, according to
some ethnic Nepalese refugees. In cases where defendants cannot write
their own defense, courts assign judicial officers to assist defendants.
There are no lawyers. A legal education program is gradually building a
body of persons who have received formal training in the law.
Defendants have the right to appeal to the High Court, and may make a
final appeal to the King, who traditionally delegates the decision to
the Royal Advisory Council. Trials are supposed to be conducted in open
and public hearings, however in practice this is not always the case
according to reports from ethnic Nepalese refugees.
Question of family law, such as marriage, divorce and adoption, are
resolved according to a citizen's religion: Buddhist tradition for the
majority of the population and Hindu tradition which predominates in
areas inhabited by ethnic Nepalese.
Some or all of the 129 prisoners accused of antinational activity
serving sentences or under trial for offenses related to political
dissidence primarily among ethnic Nepalese during 1991-92 may be
political prisoners.
Tek Nath Rizal, an ethnic Nepalese and internationally recognized
political prisoner, remained in prison following his 1993 conviction
under the National Security Act for writing and distributing political
pamphlets and attending political meetings. Nevertheless, a United
Nations Human Rights Commission working group on arbitrary detention
which visited Bhutan in 1994 at the Government's invitation determined
that Rizal had received a fair trial and declared his detention "not to
be arbitrary."
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
There are no laws providing for these rights, but cultural traditions
are highly respectful of personal privacy. However, the Government has
undermined these traditions by its emphasis on promoting national
integration. The wearing of national dress, for example, is required
when visiting Buddhist religious buildings, monasteries and government
offices, in schools and when attending official functions and public
ceremonies. 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
The Government restricts freedom of speech and press. The country's
only regular publication is Kuensel, a government weekly newspaper, with
a circulation of 10,000. Kuensel sometimes reports criticism of the
King and government policies in the National Assembly. Indian and other
foreign newspapers are available.
The Government bans all private television reception in the country.
Since 1989 all television antennas and satellite receiving dishes have
been ordered dismantled.
The Government radio station broadcasts each day in the four major
languages (Dzongkha, Nepali, English and Sharchop).
English is the medium of instruction in schools and the national
language, Dzongkha, is taught as second language. The teaching of
Nepali as a second language was discontinued in 1990.
b. Freedom of Peaceful Assembly and Association
These freedoms are restricted. Citizens 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
legal political parties. The Government regards parties organized by
ethnic Nepalese exiles--the Bhutan People's Party (BPP), the Bhutan
National Democratic Party (BNDP), and the Druk National Congress (DNC)--
as "terrorist and anti-national" organizations and has declared them
illegal. These parties are not known to conduct activities inside the
country. Their announced goals are the repatriation of refugees and
democratic reform.
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, mostly Hindus, enjoy
freedom of worship but may not proselytize. Under the law, conversions
are illegal. The King has declared major Hindu festivals to be national
holidays, and the royal family participates in them. Foreign
missionaries are not permitted to proselytize, but international
Christian relief organizations and Jesuit priests are active in
education and humanitarian activities.
d. Freedom of Movement Within the Country, Foreign Travel,
Emigration, and Repatriation
Bhutanese travelling in border regions are required to show their
citizenship identity cards at immigration check points, which in some
cases are located at a considerable distance from what is in effect an
open border with India. By treaty, citizens may reside and work in
India.
Section 3 Respect for Political Rights: The Right of Citizens to
Change Their Government
Citizens do not have the rights to change their government. Bhutan is a
monarchy with sovereign power vested in the King. There are, however,
elected or partially elected assemblies at the local, district and
national levels, and the Government purports to encourage
decentralization and citizen participation. Since 1969 the National
Assembly has had the power to remove ministers, who are appointed by the
King, but has never done so. Political authority resides ultimately in
the King, and decision making involves only small number of officials.
Political parties do not legally exist, and their formation is
discouraged by the Government as unnecessarily divisive. The Government
prohibits parties established abroad by ethnic Nepalese (see Section
2.b.).
The National Assembly, established in 1953, is composed of 150 members.
Of these, 105 are elected by the people and 10 by religious bodies. The
remaining 35 represent the Government and are appointed by the King.
The assembly enacts laws, approves senior government appointments, and
advises the King on matters of national importance. Voting is by secret
ballot, with a simple majority needed to pass a measure. The King may
not formally veto legislation, but may return bills for further
consideration. The assembly occasionally rejects the King's
recommendations or delays implementing them, but in general, the King
has enough influence to persuade the assembly to approve legislation he
considers essential or to withdraw proposals he opposes. The assembly
may question government officials and force them to resign by a two-
thirds vote of no confidence.
As a result of efforts to integrate ethnic Nepalese and women into the
Government, ethnic Nepalese account for 28 percent of the civil service
at all ranks up to minister, according to the Government. Women have
made smaller but visible gains.
Section 4 Government Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human Rights
There are no legal human rights nongovernmental organizations (NGO's) in
Bhutan. The Government regards human rights groups established by
ethnic Nepalese exiles--the Human Rights Organization of Bhutan (HUROB),
the People's Forum for Human Rights in Bhutan (PFHRB), and the
Association of Human Rights Activists - Bhutan (AHURA)--as political
organizations and does not permit them to operate openly in Bhutan.
ICRC representatives continue their periodic prison visits, and the
Government has allowed them access to detention facilities, including
those in southern districts inhabited by ethnic Nepalese. The United
Nations High Commissioner for Refugees visited Bhutan in July 1994. The
chairman and members of the United Nations Human Rights Commission
working group on arbitrary detention visited in October 1994.
Section 5 Discrimination Based on Race, Sex, Religion, Disability,
Language, or Social Status
Government efforts to cultivate a national identity rooted in the
language, religion, and culture of the Drukpa ethnic group constrain
cultural expression by other ethnic groups. Concern over rapid
population growth and political agitation among ethnic Nepalese has
resulted in policies and abusive practices that led to the expulsion of
tens of thousands of members of this group. The Government disputes
claims by exile groups that ethnic or gender discrimination in
employment is a problem. Women are accorded respect in the traditions
of most ethnic groups. Persistence of traditional gender roles
apparently accounts for a low proportion of women in government
employment.
Women
There is no evidence of an extensive pattern of rape or spousal abuse.
Six cases of rape or attempted rape were registered during 1995 in the
capital city, which has a population 20,000. Criminal gangs operating
in southern border districts continued to commit rape in addition to
robbery. On May 4, one such gang raped seven women, including two
girls. Security forces reportedly used rape in efforts to force
emigration of ethnic Nepalese from southern Bhutan during 1991 and 1992.
Rape was made a criminal offense in 1953, but that law had weak
penalties and was poorly enforced. In 1993 the National Assembly
adopted a revised rape act with clear definitions of criminal sexual
assault and stronger penalties. In cases of rape involving minors,
sentences range from 5 to 17 years. In extreme cases, a rapist may be
imprisoned for life.
Bhutan has not developed a rigid caste system or customs that sequester
women. Women comprise 48 percent of the population. Forty-three
percent of enrollment in schools is female, and women account for 16
percent of civil service employment. Inheritance practices vary among
ethnic groups, but generally divide family land equally among sons and
daughters, and dowry is not practiced, even among ethnic Nepalese
Hindus. Inheritance practices favoring daughters among some groups are
said to account for large numbers of women among owners of shops and
businesses and an accompanying tendency of women to drop out of higher
education to go into business.
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. Divorce is common. Recent legislation requires that all
marriages must be registered and favors women in matters of alimony.
Women in unskilled jobs are generally paid less than men.
Children
The Government has demonstrated its commitment to child welfare by its
rapid expansion of primary schools, health-care facilities, and
immunization programs. The mortality rates for both infants and under-
five-year-olds have dropped dramatically since 1989. Children enjoy a
privileged position in society and benefit from international
development programs focused on maternal and child welfare. There is no
pattern of societal abuse against children.
A study by the United Nations International Children's Fund (UNICEF)
found that boys and girls receive equal treatment regarding nutrition
and health care and that there is little difference in child mortality
rates between the sexes. UNICEF found that, among urban dwellers, girls
are given "equal or near equal opportunities" to pursue education.
People with Disabilities
There is no evidence of official discrimination toward people with
disabilities but the Government has not passed legislation mandating
accessibility for the disabled.
National/Racial/Ethnic Minorities
Ethnic Nepalese arrived in Bhutan in large numbers at the turn of the
century. The Citizenship Law of 1958 granted citizenship to all ethnic
Nepalese adults who owned land and had lived in Bhutan for at least 10
years. However, the Government maintains that large-scale illegal
immigration occurred and was not detected until the 1988 census. The
increase of population prompted the Government to launch an aggressive
campaign to reassert Drukpa culture, restrict immigration, and expel
ethnic Nepalese. Members of the Buddhist majority, including many
members of the National Assembly, expressed fears that Bhutan's Buddhist
society would be overwhelmed by the Hindu ethnic Nepalese--as happened
in neighboring Sikkim, which was incorporated into India in 1974.
Early efforts at halting the demographic trend focused on limiting
immigration and attempting to assimilate the existing ethnic Nepalese.
Measures to promote 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 promote a national identity required the wearing of national
dress for official occasions, the teaching of Dzongkha as a second
language in all schools, and discontinued instruction of Nepali as a
second language. (English is the language of instruction in all
schools.)
Beginning in 1988, the Government expelled limited numbers of ethnic
Nepalese through enforcement of a law that significantly tightened the
requirements for citizenship. Until 1985 citizenship was conferred upon
children if their father was a citizen under the 1958 Nationality Law.
However, the 1985 Citizenship Act raised this standard by requiring that
both parents be citizens to confer citizenship on their children. The
Government declared as illegal immigrants all residents who could not
meet the new requirement. Residents who lost their citizenship under
the 1985 Act may apply for naturalization but must prove residence
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 that a three-member village
committee--typically ethnic Nepalese in southern Bhutan--certifies in
writing that a resident is a Bhutanese citizen in cases where documents
cannot be produced.
The 1985 Citizenship Act also stipulates 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 Home Ministry, in a circular notification in 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 that this provision was widely used to revoke the
citizenship of ethnic Nepalese who were subsequently expelled or
otherwise departed from southern Bhutan.
A large-scale flow of people from southern Bhutan began in 1991,
resulting from a Government policy of discrimination against ethnic
Nepalese. Tens of thousands of them were expelled between 1989-92.
The Government asserts that claims of widespread abuses were fabricated
and that civilian and security officials have been punished for a few
instances of misuse of authority.
When the UNHCR began providing food and shelter in September 1991, there
were only 304 persons claiming to be Bhutanese refugees in Nepal. By
year end, there were 6,000. The refugee flow peaked in 1992, when
66,000 refugees arrived in southern Nepal. At year's end, approximately
90,000 refugees were registered in UNHCR camps in Nepal. Upwards of
15,000 other refugees are believed to have settled with family members
in India. By 1994 the flow into the refugee camps had slowed to
slightly more than 60 persons a month and has further declined since
then. Many recent arrivals report that they departed Bhutan because of
the depopulation in the southern districts, a heightened sense of
apprehension and insecurity, and the desire to be reunited with family
members already in Nepal.
The Government maintains that the numbers of persons who departed
southern Bhutan during those years was substantially smaller than the
number in the refugee camps, that many of those who left were Nepalese
or Indian citizens who arrived in Bhutan after the enactment of the 1958
Nationality Law, and that many of the persons registered in the camps as
refugees have no claim to Bhutanese citizenship and may never have
resided in Bhutan. The UNHCR reports that the overwhelming majority of
refugees who have entered the camps have been able to show documentary
proof of Bhutanese nationality since screening began in June 1992, and
random checks of camp residents bear this out.
A Nepal-Bhutan ministerial committee met six times in 1994-95 to discuss
ways to determine which refugees might be entitled to return to Bhutan.
These discussions achieved little progress and as of the end of the
year, no date for another round had been set.
Section 6 Worker Rights
a. The Right of Association
Trade unionism is not permitted, there are no labor unions, workers do
not have the right to strike, and the Government is not a member of the
International Labor Organization.
b. The Right to Organize and Bargain Collectively
There is no collective bargaining in 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 wages in state-controlled firms.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor
The Government abolished its system of compulsory labor taxes in
December. Laborers in rural development schemes previously paid through
this system will now be paid regular wages. There is no evidence to
suggest that domestics or children are subject to coerced or bonded
labor.
d. Minimum Age for Employment of Children
The law set the minimum age for employment at 18 years for citizens and
20 years for non-citizens. A UNICEF study suggested that children as
young as 11 years are sometimes employed with road building teams.
e. Acceptable Conditions of Work
A circular effective February 1, 1994 established wage rates, rules and
regulations for labor recruiting agencies, and regulations for payment
of workmen's compensation. Wage rates range from $.75 (roughly 25
ngultrums) to $2 (roughly 70 ngultrums) per day for unskilled and
skilled laborers, with various allowances paid in cash or kind in
addition. The work day was defined as 8 hours with a 1 hour lunch
break. Work in excess of this must be paid at one and a half times
normal rates. Workers paid on a monthly basis are entitled to 1 day's
paid leave for 6 days of work and 15 days of leave annually. The
largest salaried work force is the government service, which has an
administered wage structure last revised in 1988 but supplemented by a
special allowance in July 1994. Only about 31 industrial plants employ
more than 50 workers. Smaller industrial units include 69 plants of
medium size, 197 small units, 692 "mini" units and 651 cottage industry
units. Bhutan's rugged geography and land laws that prohibit a farmer
from selling his last five acres result in a predominantly self-employed
agricultural work force.
(###)
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