|
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 Sinhye 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 armedmend,
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 Extrajudicial 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 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, 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 road building, 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 road building 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.
|
