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Bhutan is ruled by a hereditary monarch, King Jigme Singye Wangchuk,
who governs with the support of a National Assembly and a Council of
Ministers; there is no written constitution to protect fundamental
political and human rights. Since ascending to the throne in 1972, the
King has continued efforts toward social and political modernization begun
by his father. In the last few years, Bhutan has rapidly improved services
in education, health care, sanitation, and communications, with parallel
but slower developments of the role of representatives in governance and
decision making. In recent years, Bhutan has adopted some measures to
transfer power from the King to the National Assembly. The judiciary is
not independent of the King.
Approximately two-thirds of the government-declared population of
600,000 is composed of Buddhists with cultural traditions akin to those of
Tibet. The Buddhist majority consists of two principal ethnic and
linguistic groups: the Ngalongs of the western part of the country and the
Sharchops of the eastern part of the country. The remaining third of the
population, ethnic Nepalis, most of whom are Hindus, live in the country's
southern districts. Bhutanese dissident groups claim that the actual
population is between 650,000 and 700,000 and that the Government
underreports the number of ethnic Nepalese in the country. The rapid
growth of this ethnic Nepalese segment of the population led some in the
Buddhist majority to fear for the survival of their culture. Government
efforts to tighten citizenship requirements and to control illegal
immigration resulted in political protests and led to ethnic conflict and
repression of ethnic Nepalese in southern districts during the late 1980's
and early 1990's. Tens of thousands of ethnic Nepalese left the country in
1991-92, many forcibly expelled. Approximately 97,000 ethnic Nepalese
remain in refugee camps in Nepal and upwards of 15,000 reside outside of
the camps in the Indian states of Assam and West Bengal. The Government
maintains that some of those in the camps were never citizens, and
therefore have no right to return. In 1998 the Government began resettling
Buddhist Bhutanese from other regions of the country on land in southern
districts vacated by the ethnic Nepalese now living in refugee camps in
Nepal. A National Assembly resolution adopted in 1997 prohibits
still-resident immediate family members of ethnic Nepalese refugees from
holding jobs with the Government or the armed forces. In early 1998, the
Government implemented the resolution, and had dismissed 429 civil
servants by November 1998, when implementation of the resolution was
discontinued.
The Royal Bhutan Police, assisted by the Royal Bhutan Army, including
those assigned to the Royal Body Guard, and a national militia, maintain
internal security. Some members of these forces committed human rights
abuses against ethnic Nepalese.
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 gross domestic product. 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 ties link the
economy closely to that of India. Hydroelectric power production potential
and tourism are key resources, although the Government limits foreign
tourist arrivals for reasons of lack of adequate tourist infrastructure
and environmental concerns. Tourist arrivals are limited by means of
pricing policies. Bhutan is a poor country. The gross national product
(GNP) per capita is estimated to be $470.
The Government significantly restricts the rights of the Kingdom's
citizens, and problems remain in several areas. The King exercises strong,
active, and direct power over the Government. Citizens do not yet have the
right to change their government. The Government discourages political
parties, and none operate legally. There were reports that security forces
beat ethnic Nepalese refugees who entered the country to demonstrate.
Arbitrary arrest and detention remain problems. Judges serve at the King's
pleasure, and the Government limits significantly the right to a fair
trial. Criminal cases and a variety of civil matters are adjudicated under
a legal code established in the 17th century and revised and modernized in
1958 and 1965. In late 1998, the Government formed a special committee of
jurists and government officials to review the country's basic law and
propose changes. Programs to build a body of written law and to train
lawyers are progressing. For example, the Government sends many lawyers to
India and other countries for legal training. The Government limits
significantly citizens' right to privacy. The Government restricts freedom
of speech, the press, assembly, and association. The Government launched
the country's first indigenous television service in June, modifying a ban
on private television reception that had been in place since 1989.
Citizens face significant limitations on freedom of religion. In July
1998, the Government initiated steps to renew negotiations with the
Government of Nepal on procedures for the screening and repatriation of
ethnic Nepalese in the refugee camps, and the two governments held a
series of meetings during the second half of that year. After a 3-year
hiatus, ministerial-level bilateral talks resumed in September. The
Government restricts worker rights.
The Government claims that it has prosecuted government personnel for
unspecified abuses committed in the early 1990's; however, public
indications are that it has done little to investigate and prosecute
security force officials responsible for torture, rape, 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 confirmed reports of political or other extrajudicial
killings during the year; however, there were press reports that a
prisoner detained since 1997 died after he was tortured (see Section
1.c.). Human rights groups allege that Gomchen Karma, a Buddhist monk
arrested in October 1997 during a peaceful demonstration in the eastern
part of the country, was shot and killed by a government official. The
Government stated that the shooting was accidental, that the official
responsible has been suspended from duty and charged in connection with
the incident, and that his case was being heard as of the end of 1998.
b. Disappearance
There were no reports of politically motivated disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment
The law prohibits torture and abuse; however, human rights advocates
state that in practice security forces ignore these provisions. There were
reports that numerous ethnic Nepalese refugees attempting to return to the
country were captured by security forces, beaten, and sent back across the
border. Persons holding peaceful marches from India to Bhutan report that
during the year, the police assaulted them, injuring several
demonstrators, and then arrested and deported all of the marchers to Nepal
(see Section 5). Instances of torture of ethnic Nepalese who attempted to
return to the country occurred in 1996. Refugee newspapers published in
Nepal allege that Nima Gyaltsen, a prisoner detained since 1997 without
charge or trial in Zilnon Namgyeling jail in Thimphu, died after being
subjected to torture during his incarceration. Amnesty International
reported that 19-year-old Needup Phuntso was expelled from school in March
1998 and was tortured by members of the Royal Bhutanese police after his
arrest in Thimphu in July 1998.
Refugee groups credibly claim that persons detained as suspected
dissidents in the early 1990's were tortured by security forces, who also
committed acts of rape. During those years, the Government's ethnic
policies and the crackdown on ethnic Nepalese political agitation created
a climate of impunity in which the Government tacitly condoned the
physical abuse of ethnic Nepalese. The Government denies these abuses but
also claims it has investigated and prosecuted three government officials
for unspecified abuses of authority during that period. Details of these
cases have not been made public, and there is little indication that the
Government has adequately investigated or punished any security force
officials involved in the widespread abuses of 1989-92. Human rights
groups allege that a Buddhist monk arrested in October 1997, Thinley Oezor
Kenpo, was tortured in custody in 1997. According to Amnesty
International, Kenpo was one of 120 persons arrested for political reasons
since 1997 who by December 1998 had been sentenced to up to 15 years in
prison.
Prison conditions are reportedly adequate, if austere. In 1993 the
International Committee of the Red Cross (ICRC) began a program of visits
to prisons in the capital, Thimphu. In 1994 a new prison in Chemgang was
opened. Together, these events contributed to a substantial improvement in
conditions of detention over those that existed until a few years ago.
Bhutanese human rights groups active outside the country maintain that
prison conditions outside of Thimphu remain oppressive.
The Government and the ICRC signed a new Memorandum of Understanding in
September 1998, extending the ICRC prison visits program for another 5
years. During the same month, an ICRC team visited 54 inmates in Chemgang
central jail and 127 inmates in Thimphu district jail. The ICRC conducted
two prison visits during the year, as it has done for each of the past six
years.
d. Arbitrary Arrest, Detention, or Exile
Arbitrary arrest and detention remain problems. 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 place of arrest. Legal protections are incomplete,
however, due to the lack of a fully elaborated criminal procedure code and
to deficiencies in police training and practice. Incommunicado detention
is known to occur. Incommunicado detention of suspected militants was a
serious problem in 1991 and 1992, but the initiation of ICRC prison visits
and the establishment of an ICRC mail service between detainees and family
members has helped to allay this problem. Of those detained in connection
with political dissidence and violence in southern areas in 1991-92, 1,685
were ultimately amnestied, 58 are serving sentences after conviction by
the High Court, 9 were acquitted by the High Court, and 71 were released
after serving prison sentences.
Four persons were arrested in February 1997 in Trashi and charged with
involvement in seditious activities. They were convicted by the High Court
and are currently serving prison sentences. Human rights groups allege
that in July and August 1997, the Royal Bhutan Police (RBP) in and around
Samdrup Jongkar town in the east arrested some 50 suspected supporters of
a Bhutanese dissident group active outside the country. The Government
states that only 16 persons were arrested during this period and that they
have been charged with involvement in seditious activities and are
awaiting trial. Many were said to be supporters of one-time Druk National
Congress (DNC) and United Front for Democracy in Bhutan (UFD) leader
Rongthong Kunley Dorji, who was arrested in India in April 1997, following
the issuance of an extradition request by Bhutanese authorities. Dorji
faces extradition proceedings in India and possible return to Bhutan to
face charges of fraud, nonpayment of loans, and incitement to violence.
The original Bhutanese extradition request included a third charge, "
anti-national activities, " but this was later dropped when it became
clear that Indian law would preclude his extradition to face political
charges. Human rights groups contend that the charges brought against
Dorji are politically motivated and constitute an attempt by the
government to suppress his prodemocracy activities. In June 1998 an Indian
court granted Dorji bail, but placed restrictions on his movements.
Dorji's extradition case still is pending in the Indian courts. According
to an Amnesty International report released during the year, 30 persons
were detained in 1998, most of them on suspicion of being members or
supporters of the DNC.
Amnesty International (AI) has reported that some of those arrested are
feared to be at risk of torture. Bhutanese human rights groups outside the
country claim that the arrests, including those of several Buddhist monks,
are aimed at imposing Ngalong norms on the eastern, Sharchop community,
which has a distinct ethnic and religious identity. The Government denies
that it has such a policy; many government officials, including both the
former Head of Government, Foreign Minister Jigme Thinley, and the Chief
Justice of the High Court Sonam Tobgye, are Sharchops.
Persons holding peaceful marches from India to Bhutan charge that
during the year, the police assaulted them, injuring several
demonstrators, and then arrested and deported all of the marchers to Nepal
(see Section 5). By one estimate, approximately 100 marchers were arrested
and deported during the year. The Government acknowledged that 58 persons
whom it described as " terrorists " were serving sentences at the end of
1998 for crimes including rape, murder, and robbery. It stated that a
total of 134 persons were arrested in connection with the October 1997
disturbances in the east; of that number, more than one-half either had
been tried and acquitted or had been released after serving short
sentences.
Although the Government does not formally use exile as a form of
punishment, many accused political dissidents freed under Government
amnesties say that they were released on the condition that they depart
the country. Many of them subsequently registered at refugee camps in
Nepal. The Government denies this.
e. Denial of Fair Public Trial
There is no written constitution, and the judiciary is not independent
of the King.
The judicial system consists of district courts and a High Court in
Thimphu. Judges are appointed by the King on the recommendation of the
Chief Justice and may be removed by him. Village headmen adjudicate minor
offenses and administrative matters.
Criminal cases and a variety of civil matters are adjudicated under a
legal code established in the 17th century and revised in 1958 and 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
that they understand and given time to prepare their own defense. However,
this practice is not always followed, according to some political
dissidents. In cases where defendants cannot write their own defense,
courts assign judicial officers to assist defendants. There were reports
that defendants receive legal representation at trial, and that they may
choose from a list of 150 government-licensed and employed advocates to
assist with their defense; however, it is not known how many defendants
actually receive such assistance. A legal education program is gradually
building a body of persons who have received formal training in the law
abroad. Village headmen, who have the power to arbitrate disputes, make up
the bottom rung of the judicial system. Magistrates can review their
decisions, each with responsibility for a block of villages. Magistrates'
decisions can be appealed to district judges, of which there is one for
each of the country's 20 districts. The High Court in Thimphu is the
country's supreme court. Its decisions can be appealed to the King.
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 to be conducted in open hearings;
however, there are allegations that this is not always the case in
practice.
Questions of family law, such as marriage, divorce, and adoption, are
traditionally resolved according to a citizen's religion: Buddhist
tradition for the majority of the population and Hindu tradition for the
ethnic Nepalese; however, the Government states that there is one formal
law that governs these matters.
Some or all of the approximately 75 prisoners serving sentences for
offenses related to political dissidence or violence, primarily by ethnic
Nepalese during 1991-92, may be political prisoners.
On December 17, the King pardoned 200 prisoners to mark National Day;
all reportedly were released. Among them were 40 persons convicted of "
anti-national " offenses, including prominent ethnic Nepalese dissident
and internationally recognized political prisoner Tek Nath Rizal. Tek Nath
Rizal was arrested in 1988 in Nepal and extradited to Bhutan, where he was
held in solitary confinement in Wangdiphodrang military prison until his
1992 conviction for " anti-national " crimes, including writing and
distributing political pamphlets and attending political meetings. He was
convicted under the 1993 National Security Act, although at the time of
his conviction it had not yet been passed. However, a United Nations Human
Rights Commission Working Group on Arbitrary Detention that visited the
country 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. The Government requires
all citizens, including minorities, to wear the traditional dress of the
Buddhist majority when visiting Buddhist religious buildings, monasteries,
or government offices, and 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 of the press. The
country's only regular publication is Kuensel, a government-run weekly
newspaper with a circulation of 10,000. Bhutanese human rights groups
state that government ministries regularly review editorial material and
have the power to, and regularly do, suppress or change content. They
allege that the board of directors nominally responsible for editorial
policy is appointed by and can be removed by the Government. Kuensel,
which publishes simultaneous editions in the English, Dzongkha, and Nepali
languages, supports the Government but does occasionally report criticism
of the King and Government policies in the National Assembly. Nepalese,
Indian, and other foreign newspapers are available.
In 1989 the Government banned all private television reception and
ordered that television antennas and satellite dishes be dismantled. Many
homes in Paro and Thimphu nonetheless have satellite dishes and receive
signals from international broadcasters. In June the Government introduced
locally produced television service with the inauguration of the Bhutan
Broadcasting Service. The service broadcasts 4 hours of programming daily:
2 hours of locally-produced programming in Dzongkha, and 2 hours of
English-language programming produced outside of the country (such as from
the British Broadcasting Corporation (BBC) and the Cable News Network
(CNN). Late in the year, the Government began licensing cable operators to
provide service in Thimphu and Paro. The Government radio station
broadcasts each day in the four major languages (Dzongkha, Nepali,
English, and Sharchop). The Government inaugurated the country's first
Internet service provider, Druknet, in June.
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
The Government restricts freedom of assembly and association. 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 legally recognized political parties. The
Government regards parties organized by ethnic Nepalese exiles--the Bhutan
People's Party (BPP) and the Bhutan National Democratic Party (BNDP)--as
well as the Druk National Congress (DNC)--as " terrorist and anti-national
" organizations and has declared them illegal. These parties do not
conduct activities inside the country. They seek the repatriation of
refugees and democratic reform.
c. Freedom of Religion
The Government imposes limits on freedom of religion. The Drukpa branch
of the Kagyupa School of Mahayana Buddhism is the state religion. About
two-thirds of the population practice either Drukpa Kagyupa or Ningmapa
Buddhism. The Drukpa branch is practiced predominantly in the western and
central parts of the country, which are inhabited mainly by ethnic
Ngalongs (descendants of Tibetan immigrants who predominate in government
and the civil service, and whose cultural norms have been declared to be
the standard for all citizens). The Ningmapa school is practiced
predominantly in the eastern part of the country, although there are
adherents in other areas, including the royal family. Most of those living
in the east are ethnic Sharchops--the descendants of those thought to be
the country's original inhabitants. The Government subsidizes monasteries
and shrines of the Drukpa sect and provides aid to about one-third of the
Kingdom's 12,000 monks. The Government also provides financial assistance
for the construction of Drukpa Kagyupa and Ningmapa Buddhist temples and
shrines. In the early 1990's, the Government provided funds for the
construction of new Hindu temples and centers of Sanskrit and Hindu
learning and for the renovation of existing temples and places of Hindu
learning. The Drukpa branch enjoys statutory representation in the
National Assembly and in the 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.
According to dissidents living outside of the country, the Government
restricts the import into the country of printed religious matter; only
Buddhist religious texts are allowed to enter.
d. Freedom of Movement Within the Country, Foreign Travel, Emigration,
and Repatriation
Citizens traveling 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.
Bhutan is not a signatory to the 1951 U.N. Convention Relating to the
Status of Refugees or its 1967 Protocol (See Section 5 regarding the
ethnic Nepalese refugee situation).
The Government states that it recognizes the right to asylum in
accordance with international refugee law; however, it has no official
policy regarding refugees, asylum, first asylum, or the return of refugees
to countries in which they fear persecution.
Section 3 Respect for Political Rights: The Right of Citizens to Change
Their Government
Citizens do not yet have the right to change their government. Bhutan
is a monarchy with sovereign power vested in the King. In June 1998, the
King introduced term limits for his Council of Ministers and proposed
measures to increase the role of the National Assembly in the formation of
his Government. The National Assembly elected a new Council of Ministers
and Government in July 1998 to a 5-year term. There are elected or
partially elected assemblies at the local, district, and national levels,
and the Government claims 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 it has never done so.
Political authority resides ultimately in the King and decisionmaking
involves only a small number of officials. Major decisions are routinely
made by officials subject to questioning by the National Assembly, but the
National Assembly is not known to have overturned any decisions reached by
the King and government officials.
Political parties do not exist legally, 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, has 150 members. Of these,
105 are elected by citizens, 10 are selected by a part of the Buddhist
clergy, and the remaining 35 are appointed by the King to represent the
Government.
The procedures for the nomination and election of National Assembly
members are set out in an amendment to the country's Basic Law proposed by
the King and adopted by the 73rd session of the National Assembly in 1995.
It provides that in order to be eligible for nomination as a candidate for
election to the National Assembly, a person must be a citizen of Bhutan,
be at least 25 years of age, not be married to a foreign national, not
have been terminated or compulsorily retired for misconduct from
government service, not have committed any act of treason against the
King, the people, and country, have no criminal record or any criminal
case pending against him, have respect for the nation's laws, and be able
to read and write in Dzongkha (the language, having different dialects in
the eastern and western areas of the country, spoken by Bhutanese
Buddhists).
Each National Assembly constituency consists of a number of villages.
Each village is permitted to nominate one candidate but must do so by
consensus. There is no provision for self-nomination and the law states
that " no person...may campaign for the candidacy or canvass through other
means. " If more than one village within a constituency puts forward a
candidate, an election is conducted by the district development committee,
and the candidate obtaining a simple majority of votes cast is declared
the winner. Individuals do not have the right to vote. Every family in a
village is entitled to one vote in elections. The law does not make clear
how a candidate is selected if none achieves a simple majority. It does
state, however, that in case of a tie among the candidates in the
election, drawing of lots shall be resorted to. The candidate whose name
is drawn shall be deemed to be elected.
Human rights activists claim that the only time individual citizens
have any involvement in choosing a National Assembly representative is
when they are asked for their consensus approval of a village candidate by
the village headman. The name put to villagers for consensus approval by
the headman is suggested to him by district officials, who in turn take
their direction from the central Government. Consensus approval takes
place at a public gathering. There is no secret ballot, according to human
rights activists.
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 that 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.
The National Assembly has never compelled any government official to
resign. The Royal Civil Service Commission is responsible for disciplining
subministerial level government officials and has removed several
following their convictions for crimes including embezzlement.
In June 1998, the King issued a decree setting out several measures
intended to increase the role of the National Assembly in the formation
and dissolution of his Government. The decree, later adopted by the 76th
session of the National Assembly, provided that all cabinet ministers are
to be elected by the National Assembly and that the roles and
responsibilities of the cabinet ministries were to be spelled out. Each
cabinet minister is to be elected by simple majority in a secret ballot in
the National Assembly from among candidates nominated by the King. The
King is to select nominees for Cabinet office from among senior government
officials holding the rank of secretary or above. The King is to award the
portfolios of his ministers, whose terms will be limited to 5 years, after
which they must pass a vote of confidence in the National Assembly in
order to remain in office. Finally, the decree provided that the National
Assembly, by a two-thirds vote of no confidence, can require the King to
abdicate and to be replaced by the next in the line of succession. After
adopting the decree, the National Assembly elected a new Cabinet of
Ministers consistent with the decree. Human rights groups maintain that
since only the King may nominate candidates for cabinet office, their
election by the National Assembly is not a significant democratic reform.
The King also removed himself as Chairman of the Cabinet of Ministers in
1998; Foreign Minister Jigme Thinley was elected to that position by the
National Assembly for one year, and was replaced by Minister for Health
and Education Sangay Ngedup in July.
Women are underrepresented in government and politics, although they
have made small but visible gains. Three women hold seats in the National
Assembly.
All major ethnic groups, including ethnic Nepalese, are represented in
the National Assembly. There are 16 " southern Bhutanese " in the National
Assembly.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human Rights
There are no legal human rights nongovernmental organizations (NGO's)
in the country. The Government regards human rights groups established by
ethnic Nepalese exiles--the Human Rights Organization of Bhutan, the
People's Forum for Human Rights in Bhutan, and the Association of Human
Rights Activists - Bhutan--as political organizations and does not permit
them to operate in the country. Amnesty International (AI) visited Bhutan
in 1992 to investigate and to report on the alleged abuse of ethnic
Nepalese. In late November 1998, AI again sent a delegation to the
country; by year's end, it had not published a report on the visit.
ICRC representatives continue twice yearly prison visits, and the
Government has allowed them access to detention facilities, including
those in southern districts inhabited by ethnic Nepalese. The chairman and
members of the United Nations Human Rights Commission Working Group on
Arbitrary Detention made a second visit to the country in May 1996 as a
follow-up to an October 1994 visit. In addition to meetings with
government officials, members of the working group visited prisons and
interviewed prisoners in Thimphu, Phuntsoling, and Samtse.
Section 5 Discrimination Based on Race, Sex, Religion, Disability,
Language, or Social Status
Ongoing government efforts to cultivate a national identity rooted in
the language, religion, and culture of the Ngalong ethnic group constrain
cultural expression by other ethnic groups. In the 1980's and early
1990's, concern over rapid population growth and political agitation by
ethnic Nepalese resulted in policies and abusive practices that led to the
departure of tens of thousands of ethnic Nepalese, many of whom were
expelled forcibly.
The Government claims that ethnic and gender discrimination in
employment is not a problem. It claims that ethnic Nepalese fill 22
percent of government jobs, which is slightly less than their proportion
of the total population. Bhutanese human rights groups active outside the
country claim that ethnic Nepalese actually make up about 35 percent of
the country's population and that the Government underreports their
number. Women are accorded respect in the traditions of most ethnic
groups; however, persistence of traditional gender roles apparently
accounts for the low proportion of women in government employment. Exile
groups claim that ethnic and gender discrimination is a problem.
Women
There is no evidence that rape or spousal abuse are extensive problems.
There are credible reports by refugees and human rights groups that
security forces raped large numbers of ethnic Nepalese women in the
southern area of the country in 1991 and 1992. According to Amnesty
International, some women were said to have died as a result. In one
independent survey of 1,779 refugee families, 26 percent of the
respondents cited rape, fear of rape, or threat of rape as a prime reason
for their departure from the country. The Government has denied these
reports.
Rape was made a criminal offense in 1953, but that law had weak
penalties and was enforced poorly. 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.
Women constitute 48 percent of the population and participate freely in
the social and economic life of the country. Forty-three percent of
enrollment in school is female, and 16 percent of civil service employees
are women. Inheritance law provides for equal inheritance among all sons
and daughters, but traditional inheritance practices, which vary among
ethnic groups, may be observed if the heirs choose to forego legal
challenges. Dowry is not practiced, even among ethnic Nepalese Hindus.
Among some groups, inheritance practices favoring daughters are said to
account for the large numbers of women among owners of shops and
businesses and for an accompanying tendency of women to drop out of higher
education to go into business. However, female school enrollment has been
growing in response to government policies. Women are increasingly found
among senior officials and private sector entrepreneurs, especially in the
tourism industry. Women in unskilled jobs are generally paid slightly less
than men.
Polygamy is sanctioned provided 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.
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 children
under 5 years have dropped dramatically since 1989, and primary school
enrollment has increased at 9 percent per year since 1991, with enrollment
of girls increasing at an even higher rate. In 1995 the participation rate
for boys and girls in primary schools was estimated at 72 percent, with
the rate of completion of 7 years of schooling at 60 percent for girls and
at 59 percent for boys. Children enjoy a privileged position in society
and benefit from international development programs focused on maternal
and child welfare. Amnesty International reported that at least 23
students, between 7 and 21 years of age, whose relatives had been arrested
for supporting the pro-democracy movement, were expelled from school in
eastern Bhutan in 1998. AI also reported that 19-year-old Needup Phuntso
was expelled from school in March 1998 and was tortured by members of the
Royal Bhutanese police after his arrest in Thimphu in July 1998 (see
Section 1.c.).
A study by 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. Government policies aimed at
increasing enrollment of girls have increased the proportion of girls in
primary schools from 39 percent in 1990 to 43 percent in 1995.
There is no societal pattern of abuse against children.
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 have lived in the southern part of the country for
centuries, and the early phases of economic development at the turn of the
century brought a large influx of additional ethnic Nepalese. In the late
1980's, concern over the increase in the population of and political
agitation among ethnic Nepalese prompted aggressive government efforts to
assert a national culture, to tighten control over southern regions, to
control illegal immigration, to expel ethnic Nepalese, and to promote
national integration. Early efforts at national integration focused on
assimilation, including financial incentives for intermarriage, education
for some students in regions other than their own, and an increase in
development funds in the south.
Beginning in 1989, more discriminatory measures were introduced, aimed
at shaping a new national identity, known as Drukpa. Drukpa is based on
the customs of the non-ethnic Nepali Ngalong ethnic group predominant in
the western part of the country. Measures included a requirement that
national dress be worn for official occasions and as a school uniform, the
teaching of Dzongkha as a second language in all schools, and an end to
instruction in Nepali as a second language (English is the language of
instruction in all schools). Also, beginning in 1988, the Government
refused to renew the contracts of tens of thousands of Nepalese guest
workers. Many of these workers had resided in the country for years, in
some cases with their families.
Citizenship became a highly contentious issue. Requirements for
citizenship were first formalized in the Citizenship Law of 1958, which
granted citizenship to all adults who owned land and had lived in the
country for at least 10 years. In 1985, however, a new citizenship law
significantly tightened requirements for citizenship and resulted in the
denaturalization of many ethnic Nepalese. While previously citizenship was
conferred upon children whose father was a citizen under the 1958 law, the
1985 law required that both parents be citizens in order to confer
citizenship on a child, and that persons seeking to prove citizenship
through their own or their parents' residency in 1958 be able to prove
residency in the country at that time. In many cases, persons were unable
to produce the documentation necessary, such as land tax receipts from
1958, to show residency nearly 30 years before. The law permits residents
who lost citizenship under the 1985 law to apply for naturalization if
they can prove residence during the previous 15 years. The Government
declared all residents who could not meet the new requirements to be
illegal immigrants.
The 1985 Citizenship Act also provides for the revocation of the
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 nationals leaving the country to assist and help the
anti-nationals shall no longer be considered as Bhutanese citizens...such
people's family members living in the same household will also be held
fully responsible and forfeit their citizenship. " Human rights groups
allege that these provisions were widely used to revoke the citizenship of
ethnic Nepalese who were subsequently expelled or otherwise departed from
the country. Beginning in 1988, the Government expelled large numbers of
ethnic Nepalese through enforcement of the new citizenship laws.
Outraged by what they saw as a campaign of repression, ethnic Nepalese
mounted a series of demonstrations, sometimes violent, in September 1990.
The protests were spearheaded by the newly formed Bhutan People's Party
(BPP) which demanded full citizenship rights for ethnic Nepalese, the
reintroduction of Nepali as a medium of education in the south, and
democratic reforms. Characterizing the BPP as a " terrorist " movement
backed by Indian sympathizers, the authorities cracked down on its
activities and ordered the closure of local Nepalese schools, clinics, and
development programs after several were raided or bombed by dissidents.
Many ethnic Nepalese schools were reportedly turned into Army barracks.
There were credible reports that many ethnic Nepalese activists were
beaten and tortured while in custody, and that security forces committed
acts of rape. There were also credible reports that militants, including
BPP members, attacked and murdered census officers and other officials,
and engaged in bombings. Local officials took advantage of the climate of
repression to coerce ethnic Nepalese to sell their land below its fair
value and to emigrate.
Beginning in 1991, ethnic Nepalese began to leave southern areas of the
country in large numbers and take refuge in Nepal. Many were forcibly
expelled. According to Amnesty International, entire villages were
sometimes evicted en masse in retaliation for an attack on a local
government official. Many ethnic Nepalese were forced to sign " voluntary
migration forms " wherein they agreed to leave the country, after local
officials threatened to fine or imprison them for failing to comply. By
August 1991, according to NGO reports, 2,500 refugees were already camped
illegally in Nepal, with a steady stream still coming from Bhutan. The
UNHCR began providing food and shelter in September of that year, and by
year's end, there were 6,000 refugees in Nepal. The number of registered
refugees grew to approximately 62,000 by August 1992, and to approximately
80,000 by June 1993, when the UNHCR began individual screening of
refugees. The flow slowed considerably thereafter; there were no new
refugee arrivals from Bhutan to the camps during the year. As of late
1999, there were approximately 97,000 refugees registered in camps in
Nepal, with much of the increase since 1993 the result of births to
residents of the camps. An additional 15,000 refugees, according to UNHCR
estimates, are living outside the camps in Nepal and India.
Ethnic Nepalese political groups in exile complain that the revision of
the country's citizenship laws in 1985 denaturalized tens of thousands of
former residents of Bhutan. They also complain that the new laws have been
selectively applied and make unfair demands for documentation on a largely
illiterate group in a country that has only recently adopted basic
administrative procedures. They claim that many ethnic Nepalese whose
families have been in the country for generations were expelled in the
early 1990's 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
districts--certifies in writing that a resident is a Bhutanese citizen in
cases where documents cannot be produced.
The Government maintains that many of those who departed the country in
1991-92 were Nepalese or Indian citizens who came to the country after the
enactment of the 1958 Citizenship law but were not detected until a census
in 1988. The Government also claims that many persons registered in the
camps as refugees may never have resided in the country. A royal decree in
1991 made forcible expulsion of a citizen a criminal offense. In a January
1992 edict, the King noted reports that officials had been forcing
Bhutanese nationals to leave the country but stressed that this was a
serious and punishable violation of law. Nevertheless, only three
officials were ever punished for abusing their authority during this
period. According to the UNHCR, the overwhelming majority of refugees who
have entered the camps since screening began in June 1993 have documentary
proof of Bhutanese nationality. Random checks and surveys of camp
residents--including both pre- and post-June 1993 arrivals--bear this out.
A Nepal-Bhutan ministerial committee met seven times between 1994 and
1996, and a secretarial-level committee met twice in 1997 in efforts to
resolve the Bhutanese refugee problem. During 1998, Foreign Minister Jigme
Thinley took office with a mandate to resolve the refugee issue, and
several meetings were held with representatives of the Nepalese
Government, the UNHCR, and NGO's. However, the dialog lost momentum in
1998 and was suspended by the Bhutanese Government pending the formation
of a new government in Nepal in 1999. After a 3-year hiatus, the foreign
ministers of Nepal and Bhutan met in September in Kathmandu to resume
discussions on the refugee issue.
In March 1996 refugees began a series of " peace marches " from Nepal
to Bhutan to assert their right to return to Bhutan. The marchers who
crossed into Bhutan in August, November, and December 1996 were
immediately detained and deported by Bhutanese police. In the December
1996 incident, police reportedly used force against the marchers. Such
marches were also held in 1998 and 1999; the marchers charge that the
police assaulted them during each march, injuring several demonstrators,
and then arrested and deported all marchers. A resolution adopted by the
National Assembly in July 1997 prohibits the still-resident family members
of ethnic Nepalese refugees from holding jobs with the Government or in
the armed forces. Under the resolution, those holding such jobs were to be
involuntarily retired. The Government made clear that for the purposes of
this resolution, family member would be defined as a parent, a child, a
sibling, or a member of the same household. The Government states that 429
civil servants, many of them ethnic Nepalese, were retired compulsorily in
accordance with the July 1997 National Assembly resolution, and that the
program was terminated in November. The Government states that those
forced to retire were accorded retirement benefits in proportion to their
years of government service. The Government also began a program of
resettling Buddhist Bhutanese from other regions of the country on land in
the southern part of the country vacated by the ethnic Nepalese now living
in refugee camps in Nepal. Human rights groups maintain that this action
prejudices any eventual outcome of negotiations over the return of the
refugees to the country. The Government maintains that this is not its
first resettlement program and that Bhutanese citizens who are ethnic
Nepalese from the south are sometimes resettled on more fertile land in
other parts of the country.
Section 6 Worker Rights
a. The Right of Association
Trade unions are not permitted, and 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. Industry accounts for
about 25 percent of the gross domestic product, but employs only a minute
fraction of the total work force. The Government affects wages in the
manufacturing sector through its control over wages in state-owned
industries.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor
The Government abolished its system of compulsory labor taxes in
December 1995. Laborers in rural development schemes previously paid
through this system are now paid regular wages. There is no evidence to
suggest that domestic workers are subjected to coerced or bonded labor.
The law does not specifically prohibit forced and bonded labor by
children, but such practices are not known to occur.
d. Status of Child Labor Practices and Minimum Age for Employment
The law sets the minimum age for employment at 18 years for citizens
and 20 years for noncitizens. A UNICEF study suggested that children as
young as 11 years are sometimes employed with road-building teams. The law
does not specifically prohibit forced and bonded labor by children, but
such practices are not known to occur (see Section 6.c.). The Government
provides free and compulsory primary school education, and 72 percent of
the school-aged population is enrolled. Children often do agricultural
work and chores on family farms. There is no law barring ethnic Nepalese
children from attending school. However, most of the 75 primary schools in
southern areas that were closed in 1990 remain closed today. The closure
of the schools acts as an effective barrier to the ability of the ethnic
Nepalese in southern areas to obtain a primary education.
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 are periodically revised, and range
upward from a minimum of roughly $1.50 (50 ngultrums) per day for
unskilled and skilled laborers, with various allowances paid in cash or
kind in addition. This minimum wage does provide a decent standard of
living for a worker and family in the local context. The workday is
defined as 8 hours with a 1-hour lunch break. Work in excess of this must
be paid at one and one-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 special allowances and increases since then, including a
25 percent increase in July 1997. Only about 30 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.
The Government favors a family-owned farm policy; this, along with the
country's rugged geography and land laws that prohibit a farmer from
selling his last five acres and that require the sale of holdings in
excess of 25 acres, result in a predominantly self-employed agricultural
work force. Workers are entitled to free medical care within the country.
They are eligible for compensation for partial or total disability, and in
the event of death, their families are entitled to compensation. Existing
labor regulations do not grant workers the right to remove themselves from
work situations that endanger health and safety without jeopardizing their
continued employment.
f. Trafficking in Persons
The law does not prohibit trafficking in persons, and there were no
reports that persons were trafficked in, to, or from the country.
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