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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 improved rapidly 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 persons 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
persons 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 institute policies
designed to preserve the cultural dominance of the Ngalong
ethnic group, to change 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 of whom were expelled forcibly.
According to U.N. High Commission for Refugees (UNHCR),
there were 98,269 ethnic Nepalese in 7 refugee camps in
eastern Nepal as of late June; 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 never were 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, which some claim will
complicate any future return of the ethnic Nepalese. 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 already had dismissed 429 civil servants by
November 1998, when implementation of the resolution was
discontinued.
The Royal Bhutan Police (RBP), 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
(GDP). Agriculture largely consists 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 because of
inadequate tourist infrastructure and environmental
concerns. Tourist arrivals also are limited by means
of pricing policies. Bhutan is a poor country.
The gross national product per capita is estimated to be
$470.
The Government's human rights record remained poor, and
problems remain in several areas. The King exercises
strong, active, and direct power over the Government.
Citizens do not 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, and reports of torture and abuse of persons in
detention continue. Impunity for those who commit
abuses also is a problem. 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 17 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. In April the Government
established a Department of Legal Affairs, which is
projected to be functioning fully by mid-2001; it is a
result of the review of the Basic Law. 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 1999, 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 1999. 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. Human rights
groups allege that in 1998 a government official shot and
killed Gomchen Karma, a Buddhist monk arrested in October
1997 during a peaceful demonstration in the eastern part of
the country. 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 September.
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. No one was prosecuted in
connection with violating prohibitions against torture
during the year. There were reports that security
forces captured numerous ethnic Nepalese refugees attempting
to return to the country, beat them, and sent them back
across the border. Persons holding peaceful marches
from India to Bhutan report that in 1998 and 1999, the
police assaulted them, injuring several demonstrators, and
then arrested and deported all of the marchers to Nepal (see
Section 5). In the past, there have been reports that
ethnic Nepalese refugees who attempted to return to the
country were tortured. 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 in 1999 after being subjected to torture
during his incarceration.
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 that these abuses occurred but also claims that 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 investigated
adequately or punished any security force officials involved
in the widespread abuses of 1989-92.
Prison conditions reportedly are 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 previously.
However, 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. The ICRC
conducted two prison visits during the year, as it has done
for each of the past 6 years, and received unhindered access
to prisons during the year.
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. However, legal protections are
incomplete, 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 persons 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.
Human rights groups allege that in July and August 1997,
the Royal Bhutan Police 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, "antinational
activities," but this later was 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 in 1999, 30 persons were
detained in 1998, most of them on suspicion of being members
or supporters of the DNC.
Amnesty International has reported that some of those
arrested are feared to be at risk of torture (see Section
1.c.). 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 in 1999, 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 in 1999. 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.
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 (see Section 1.e.).
Although the Government does not use formally 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 the King. Village headmen adjudicate minor
offenses and administrative matters.
The Department of Legal Affairs, which was established in
April, is projected to be fully functional by mid-2001.
At a future date, the Government expects to create a
Ministry of Law and Justice and an Attorney General's office
within the Department of Legal Affairs. At present,
the Department is composed of a Legal Services Division
(which eventually is to become the Ministry of Law and
Justice) with domestic, international, and human rights
sections; and a Prosecution Division (which eventually is to
become the Attorney General's office), with a criminal
section and a civil section.
Criminal cases and a variety of civil matters are
adjudicated under a legal code established in the 17 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 gradually is
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, each with responsibility
for a block of villages, can review their decisions.
Magistrates' decisions can be appealed to district judges,
of which there is 1 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, traditionally are 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 (see Section 1.d.).
On December 17, 1999, the King pardoned 200 prisoners to
mark National Day; all reportedly were released. Among
them were 40 persons convicted of "antinational"
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
antinational 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 the act had not yet
been passed. However, a U.N. 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." During the
latter part of the year, Rizal was granted permission to
leave Bhutan to receive medical treatment in Calcutta,
India. He had not left Bhutan by year's end.
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. Human rights groups state that government
ministries regularly review editorial material and have the
power to suppress or change content, which they regularly
do. 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, but they sometimes can be withheld
from circulation if they carry news that the Government
deems critical of the country.
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 1999, 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)).
In late 1999 the Government began licensing cable operators
to provide service in Thimphu and Paro, and cable television
is available. 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
1999.
English is the medium of instruction in schools and the
national language, Dzongkha, is taught as a 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--as "terrorist and
antinational" 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 limits 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 (Drukpa
monks occupy 10 seats in the 150 member National Assembly)
and in the Royal Advisory Council (Drukpa monks hold 2 of
the 11 seats on the Council), and the Drukpa branch 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. These
dissidents also state that Buddhist religious teaching, of
both the Drukpa Kagyupa and Ningmapa sects, is permitted in
schools; the teaching of other religious faiths is not.
The passports of members of minority religions cite the
holder's religion, and applicants for government services
sometimes are asked their religion before services are
rendered.
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. According to one
credible human rights source, until recent years the
Government systematically used to arrest and imprison
Tibetan refugees crossing the country's border from Tibet.
This policy was followed in deference to China's wishes.
So invariable was this policy that Tibetan leaders advise
refugees not to use routes of escape through Bhutan.
Tibetan refugees have not done so for several years.
This virtually is the only refugee population seeking first
asylum in Bhutan, thus, the issue of first asylum did not
arise during the year.
Section 3 Respect for Political Rights: The
Right of Citizens to Change Their Government
Citizens do not 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. These
elections are conducted in much the same way as National
Assembly elections. Since 1969 the National Assembly
has had the power to remove ministers who the King appoints,
but it never has done so. Political authority
ultimately resides in the King and decisionmaking involves
only a small number of officials. Officials subject to
questioning by the National Assembly routinely make major
decisions, 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 the
Government discourages their formation 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 indirectly by heads
of household, 10 are selected by a part of the Buddhist
clergy, and the remaining 35 are appointed by the King to
represent the Government. The National Assembly, which
meets irregularly, has little independent authority.
However, there are efforts underway to have the National
Assembly meet on a more regular basis, and in recent years
the King and the Council of Ministers have been more
responsive to the National Assembly's concerns.
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
73 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 populace, 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.
However, it does state that in case of a tie among the
candidates in the election, a selection shall be made
through the drawing of lots. 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
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. Human rights activists state that there is
no secret ballot.
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; however, the National
Assembly never has 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 76
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
determine 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 1 year, and was
replaced by Minister for Health and Education Sangay Ngedup
in July 1999.
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" (also known as Lhotshampas)
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 visited Bhutan in 1992
to investigate and to report on the alleged abuse of ethnic
Nepalese. In late November 1998, Amnesty International
again sent a delegation to the country and later released a
report.
ICRC representatives continue twice yearly prison visits,
and the Government has allowed them unhindered access to
detention facilities, including those in southern districts
inhabited by ethnic Nepalese. The chairman and members
of the U.N. 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 restrict cultural expression by
other ethnic groups. In the late 1980's and early
1990's, the Government instituted polices designed to
preserve the cultural dominance of the Ngalong ethnic group.
It also committed many abuses against the ethnic Nepalese,
which led to the departure of tens of thousands of ethnic
Nepalese from the country; many ethnic Nepalese were
expelled forcibly, and almost 100,000 of them remain in
refugee camps in Nepal. At the time, the Government
claimed that it was concerned about the rapid population
growth of and political agitation by the ethnic Nepalese.
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. However, 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 reportedly
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. Approximately 43 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
reportedly 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
increasingly are found among senior officials and private
sector entrepreneurs, especially in the tourism industry.
Women in unskilled jobs generally are paid slightly less
than men.
Polygamy is sanctioned provided the first wife gives her
permission. Marriages may be arranged by the marriage
partners themselves as well as by their parents.
Divorce is common. Recent legislation requires that
all marriages must be registered; it also 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
significantly since 1989. The Government provides free
and compulsory primary school education, 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 children 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. There is no law barring
ethnic Nepalese children from attending school.
However, most of the 75 primary schools in southern areas
heavily populated by ethnic Nepalese 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.
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 prodemocracy
movement, were expelled from school in eastern Bhutan in
1998. Amnesty International 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.
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
disabled persons but the Government has not passed
legislation mandating accessibility for the disabled.
Societal discrimination against the disabled is a problem.
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 Nepalese 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.
During the mid- and late 1980's, citizenship became a
highly contentious issue. Requirements for citizenship
first were 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. However,
in 1985 a new citizenship law significantly tightened
requirements for citizenship and resulted in the
denaturalization of many ethnic Nepalese. While
citizenship previously 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 15 years prior to that time. The Government
declared all residents who could not meet the new
citizenship 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 antinationals 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 used widely
to revoke the citizenship of ethnic Nepalese who
subsequently were 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,
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 reportedly
were 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 also were credible
reports that militants, including BPP members, attacked and
killed 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 expelled forcibly.
According to Amnesty International, entire villages
sometimes were 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 already were 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.
According to UNHCR, there were 98,269 ethnic Nepalese
refugees in 7 refugee camps in eastern Nepal, as of June 30.
Much of this increase since 1993 is 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
applied selectively and make unfair demands for
documentation on a largely illiterate group in a country
that only recently has 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
ever were punished for abusing their authority during this
period (see Section 1.c.). 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. The Government contends that
some ethnic Nepalese left the country voluntarily, thus
renouncing their Bhutanese citizenship. However, human
rights organizations credibly dispute this claim.
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. In 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
1999 in Kathmandu to resume discussions on the refugee
issue. Bilateral and multilateral discussions have
continued, including a ninth round of ministerial level
talks held in May. During the year, U.N. High
Commissioner for Refugees Sadako Ogata visited the country,
as did at least one high-ranking foreign official. In
late December, Bhutan and Nepal agreed upon a system to
verify the nationality of Bhutanese refugees in Nepal in
preparation for their for return to Bhutan. Refugee
verifications were scheduled to begin in January 2001.
At year's end, approximately 98,000 Bhutanese refugees
remained in Nepal. The resettlement of persons onto
the land once occupied by refugees continues to represent an
obstacle to a negotiated resolution of the refugee problem.
In March 1996, refugees began a series of "peace
marches" from Nepal to Bhutan to assert their right to
return to Bhutan. Bhutanese police immediately
detained and deported the marchers who crossed into Bhutan
in August, November, and December 1996. In the
December 1996 incident, police reportedly used force against
the marchers. Such marches also were 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 retired involuntarily. The Government made
clear that for the purposes of this resolution, a 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 sometimes are
resettled on more fertile land in other parts of the
country. The failure of the Government to permit the
return of ethnic Nepalese refugees has tended to reinforce
societal prejudices against this group, as has the
Government's policy on forced retirement of refugee family
members in government service and the resettlement of
Buddhists on land vacated by expelled ethnic Nepalese in the
south.
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 GDP, 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 now are 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 sometimes
are employed with road-building teams. The Government
provides free and compulsory primary school education, and
72 percent of the school-aged population is enrolled (see
Section 5). 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 heavily
populated by ethnic Nepalese 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. In the
early 1990's, children who failed their school examinations
were compelled to join the armed forces (despite the fact
that the minimum age of recruitment is age 18). This
practice of conscription has ended. The law does not
specifically prohibit forced and bonded labor by children,
but such practices are not known to occur (see Section
6.c.).
e. Acceptable Conditions of Work
A circular effective in February 1994 established wage
rates, rules and regulations for labor recruiting agencies,
and regulations for payment of workmen's compensation.
Wage rates are revised periodically, 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
provides 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 5 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 to, from,
within, or through the country.
[End.]
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