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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 Singye 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 Extra judicial
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 countries 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. Decision making 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 polygamy
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.

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