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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 the throne in 1972, the King has
continued the 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 development of representative governance and
decisionmaking. In recent years, Bhutan has adopted some
measures to increase the power of the National Assembly. The
judiciary is not independent of the King.
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.
The economy is based on agriculture and forestry, which
provide the main livelihood for 90 percent of the population
and account for approximately half of the gross domestic
product (GDP). The gross national product (GNP) per capita
is estimated to be $600. Agriculture largely consists of
subsistence farming and animal husbandry. Citrus fruit,
cardamom, and other 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 tourism because of inadequate
infrastructure and environmental and cultural concerns.
Tourist arrivals also are limited by a requirement that
tourists purchase a high minimum daily rate holiday package
before visiting the country.
The Government's human rights record remained poor, and
problems remain in several areas. Citizens do not have the
right to change their government. The King exercises strong,
active, and direct power over the Government. The Government
discourages political parties, and none operate legally.
Arbitrary arrest and detention remain problems, and reports
continue of torture and abuse of detainees. 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. In April 2000, the Government
established the Department of Legal Affairs as a result of a
review of the Basic Law. Programs to build a body of written
law and to train lawyers are progressing. The Government
limits significantly citizens' right to privacy. The
Government restricts freedom of speech, press, assembly, and
association. Citizens face significant limitations on
freedom of religion. 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
Nepalese, most of whom are Hindus, live in the country's
southern districts. 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,
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
the U.N. High Commissioner for Refugees (UNHCR), as of
mid-June 2000, 98,269 ethnic Nepalese remained in 7 refugee
camps in eastern Nepal; 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 living in refugee camps in
Nepal, which is likely to complicate any future return of
the ethnic Nepalese.
The Government continues its negotiation with the Government
of Nepal on procedures for the screening and repatriation of
ethnic Nepalese in the refugee camps. A ministerial-level
bilateral meeting in November failed to resolve disputes
concerning the categorization of refugees in terms of
eligibility for their eventual repatriation. The Government
restricts worker rights.
The Government claims that it has prosecuted government
personnel for unspecified abuses committed in the early
1990's; however, there is little indication that the
Government has investigated adequately or punished any
security force officials involved in 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. Arbitrary and Unlawful Deprivation of Life
There were no reports of arbitrary or unlawful deprivations
of life committed by the Government or its agents.
Domestic human rights groups allege that the Government has
taken no action to punish a government official for the 1998
killing of Buddhist monk Gomchen Karma. 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 2000.
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 the security forces ignore
these provisions. No one was prosecuted in connection with
violating prohibitions against torture during the year. In
1999 and 2000 there were reports that security forces
stopped ethnic Nepalese refugees attempting to return to the
country, beat them or tortured them, and sent them back
across the border. Refugee groups state that this has
discouraged others from trying to return to the country.
Refugee groups credibly claim that persons detained as
suspected dissidents in the early 1990's were tortured
and/or raped by security forces. 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.
Prison conditions reportedly are adequate, if austere.
Visits by the International Committee of the Red Cross (ICRC)
and the opening of a new prison in Thimphu (in 1994)
contributed to improving conditions of detention. However,
human rights groups active outside the country maintain that
prison conditions outside of the capitol city of Thimpu
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 7 years, and was allowed unhindered access.
d. Arbitrary Arrest, Detention, or Exile
Arbitrary arrest and detention remain problems. Under the
law, police may not arrest a person without a warrant and
must bring an arrested person before a court within 24
hours, exclusive of travel time from place of arrest.
However, legal protections are incomplete, due to the lack
of a fully developed criminal procedure code and to
deficiencies in police training and practice. Incommunicado
detention, particularly of Nepalese refugees returning
without authorization, is still known to occur.
Incommunicado detention of suspected militants was a serious
problem in the early 1990's, 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, 29
continue to serve sentences after conviction by the High
Court.
On May 6, Damber Pulami, a refugee living in a camp in
Nepal, was arrested in the country. Pulami reportedly was a
member of the Youth Organization of Bhutan (the youth wing
of the banned Bhutan People's Party) and had gone to the
country to check on the internal resettlement of
non-Nepalese to the south. Amnesty International (AI) has
not received a response to queries about the charges against
him, his whereabouts, and his physical condition, although
according to one human rights group Pulami is in Chemgang
Jail in Thimpu. According to AI, Tul Man Tamang, a
30-year-old construction worker was arrested in June on
suspicion of organizing political activities. He reportedly
was taken to a police station at Chimakothi in Chhukha
district where he allegedly was tortured, held incommunicado
in a dark cell, and forced to sign a statement saying he was
leaving the country voluntarily before being forcibly exiled
to India. Ugyen Tenzing, a member of the Druk-Yul Peoples'
Democratic Party, reportedly was arrested in Samtse district
in June. N.L. Katwal, a central committee member of the
Bhutan Gorkha National Liberation Front, was one of more
than 55 persons arrested during a demonstration in
Phuntsholing in April 2000. In December 2000 he was
sentenced to 13 years and 6 months in prison. He was serving
his sentence in Chamgang Jail at year's end.
Rongthong Kunley Dorji, former leader of the Druk National
Congress (DNC) and United Front for Democracy in Bhutan (UFD),
was arrested in India in April 1997, following the issuance
of an extradition request by Bhutanese authorities. Human
rights groups contend that the charges brought against Dorji
by the Bhutenese government are motivated politically and
constitute an attempt by the Government to suppress his
prodemocracy activities. In June 1998, an Indian court
released Dorji on bail but placed restrictions on his
movements. Dorji's extradition case still is pending in the
Indian courts and is proceeding slowly. According to a
refugee-based human rights group, only one prosecution
witness, a Joint Secretary in India's Ministry of External
Affairs, has been cross-examined in the last 40 months. The
next witness, another Indian government official, is
scheduled to testify in February 2002.
In the past, according to AI, many persons have been
detained on suspicion of being members or supporters of the
DNC. Only one such arrest was reported in 2000 and one
during the year, but human rights groups allege that arrest
and abuse of refugees returning to the country without
authorization continue to occur but go unreported by the
Government. There were no peaceful protest marches from
India to Bhutan during the year, perhaps due to fear of
arrests and deportation, as occurred in previous years after
such marches. Persons holding peaceful marches from India to
Bhutan charge that in 1999 the Bhutanese 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.
Although the Government does not use exile formally as
punishment, many accused political dissidents freed under
Government amnesties state 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.
An Office of Legal Affairs (OLA) was established in March
2000. The responsibilities of the OLA are to conduct state
prosecutions, draft and review legislation, and render legal
counsel. By September a department head and all staff were
in place. The OLA 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 17th
century and revised in 1958 and 1965. State-appointed
prosecutors file charges and prosecute cases for offenses
against the State. 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, according to some political dissidents this
practice is not always followed. 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 abroad
in the law. For example, the Government sends many lawyers
to India and other countries for legal training; 54 persons
have completed legal studies abroad, and 43 more are
enrolled. Village headmen, who have the power to arbitrate
disputes, constitute 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 one
for each of the country's 20 districts. The High Court in
Thimphu is the country's supreme court.
Defendants have the right to appeal to the High Court and
may make a final appeal to the King, who traditionally
delegates the decision to the Royal Advisory Council. Trials
are supposed to be conducted in open hearings, but 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.
Nonetheless 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.e.).
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 Tek Nath Rizal, a prominent ethnic Nepalese
dissident, and internationally recognized political
prisoner. He was convicted in 1992 of "antinational" crimes,
including writing and distributing political pamphlets and
attending political meetings. In 2000 Rizal was granted
permission to leave the country to receive medical treatment
in India. He has since returned to the country. According to
AI, property confiscated from Rizal during his arrest has
not been restored to him.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
There are no laws providing for these rights. According to
human rights groups, police regularly conduct house-to-house
searches for suspected dissidents without explanation or
legal justification. 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; in schools,
and when attending official functions and public ceremonies.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Government restricts freedom of speech, and to a lesser
extent freedom of the press. The country's only regular
publication is Kuensel, a weekly newspaper with a
circulation of 15,000. It also reports stories on a daily
basis through its on-line edition. Kuensel was formerly
government-run, and human rights groups in the past stated
that government ministries reviewed editorial material and
suppressed or changed content. According to the Government,
Kuensel is independent and is funded entirely through
advertising and subscription revenue. Its board consists of
a mix of senior civil servants and private individuals.
Kuensel, which is published simultaneously in the English,
Dzongkha, and Nepali languages, supports the Government but
does occasionally report criticism of the King and of
government policies in the National Assembly. The Government
maintains that there are no restrictions on individuals
starting new publications, but that the market is too small
to support any. Nepalese, Indian, and other foreign
newspapers and magazines are available, but readership is in
the hundreds and primarily limited to government officials.
After a 10-year ban on private television reception, in 1999
the Government introduced local television broadcasting with
the inauguration of the Bhutan Broadcasting Service. The
service broadcasts locally produced and foreign programs. In
late 1999 the Government began licensing cable operators.
There are more than 27 cable providers in the country with
more than 10,000 subscribers. A large variety of programming
is available, including CNN, and BBC. The Government does
not censor cable content. 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; it had 1,820
subscribers as of late 2000. There are internet cafes in
Thimpu, Phuentsholing and Bumthang. The Government does not
censor any content on Druknet except for pornography, which
is blocked.
There are no reported restrictions on academic freedom.
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), the Bhutan
National Democratic Party (BNDP), and the Druk National
Congress--as "terrorist and antinational" organizations and
has declared them illegal. These parties, which seek the
repatriation of refugees and democratic reform, do not
conduct activities inside the country.
c. Freedom of Religion
The Government restricts freedom of religion. The Drukpa
branch of the Kagyupa School of Mahayana Buddhism is the
state religion. Approximately 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, including the royal family, in other areas. 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 approximately
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 of
Buddhism 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); the Drukpa
branch is an influential voice on public policy. Citizens of
other faiths, mostly Hindus, enjoy freedom of worship but
may not proselytize. Followers of religions other than
Buddhism and Hinduism generally are free to worship in
private homes but may not erect religious buildings or
congregate in public. Under the law, conversions are
illegal. Some of the country's few Christians, mostly ethnic
Nepalese living in the south, state that they are subject to
harassment and discrimination by the Government, local
authorities, and non-Christian citizens.
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.
The Government restricts the import into the country of
printed religious matter; only Buddhist religious texts can
be imported. According to dissidents living outside of the
country, Buddhist religious teaching, of both the Drukpa
Kagyupa and Ningmapa sects is permitted in the schools, but
teaching of other religious faiths is not. Applicants for
government services sometimes are asked their religion
before services are rendered. All government civil servants,
regardless of religion, are required to take an oath of
allegiance to the King, the country, and the people. The
oath does not have religious content, but a Buddhist lama
administers it.
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.
The country is not a signatory to the 1951 U.N. Convention
Relating to the Status of Refugees or its 1967 Protocol (See
Section 5). The Government states that it recognizes the
right to asylum in accordance with international refugee
law; however, the Government has not formulated a policy
regarding refugees, asylees, first asylum, or the return of
refugees to countries in which they fear persecution.
According to one credible human rights source, until
recently the Government systematically arrested and
imprisoned Tibetan refugees crossing the border with Tibet.
This policy was followed under a tacit agreement with China.
So invariable was this policy that Tibetan leaders advised
refugees not to use routes of escape through Bhutan, and
refugees have not done so for several years. Since Tibetans
effectively are the only refugee population seeking first
asylum in the country, 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.
The country is a monarchy with sovereign power vested in the
King. In 1998 the King devolved his day-to-day executive
powers to the Council of Ministers, who are elected by the
National Assembly from among themselves, but reserved
control of "matters of national sovereignty and national
security" for himself. He also 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. In
July the National Assembly elected six Royal Advisory
Councilors. 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 whom
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 divisive. The Government has
banned parties established abroad by ethnic Nepalese (see
Section 2.b.).
The National Assembly 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 state that in order to be eligible
for nomination as a candidate, 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, in
several dialects, 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, 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 National 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 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 are 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 are 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 person in the line of succession. After adopting the
decree, the National Assembly elected a new council of
ministers consistent with it. 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 removed himself as
Chairman of the Council of Ministers in 1998. Based on an
election held in the National Assembly in 1998, Cabinet
Ministers who received the most votes rotate the position on
a yearly basis. The Chairman of the Council of Ministers
serves as Prime Minster and Head of Government. In August
Trade and Industry Minister Khundu Wangchuk became Chairman.
The percentage of women in government or politics does not
correspond to their numbers in the population. The
persistence of traditional gender roles apparently accounts
for a low proportion of women in government, although women
have made visible gains. A total of 15 women hold seats in
the National Assembly, 23 percent of civil service employees
are women, and women hold more than 30 percent of positions
at the Ministry of Foreign Affairs.
There are 105 elected people's representatives in the
National Assembly. All major ethnic groups are represented
in the National Assembly, including 14 ethnic Nepalese.
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. AI was permitted to visit in 1998, 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 have made two visits to the country.
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 policies 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 them. 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 approximately 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, although some exile groups
claim that gender discrimination is a problem.
Women
There is no evidence that rape or spousal abuse are
extensive problems. For example, in 1999 there were 10
reported rapes nationwide. In the south, in the early 1990s,
there were widespread reports of the rape of large numbers
of ethnic Nepalese women, including by government forces.
The Government denied these reports.
In 1996 the National Assembly adopted a revised Rape Act.
The law contains a clear definition of criminal sexual
assault and specifies penalties. In cases of rape involving
minors, sentences range from 5 to 17 years. In extreme
cases, a rapist may be imprisoned for life. There are few
known instances of sexual harassment.
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. 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
customary, even among ethnic Nepalese Hindus. Among some
groups, inheritance practices favoring daughters reportedly
account for the large numbers of women who own 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 allowed, 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. Existing 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,
healthcare facilities, and immunization programs. Mortality
rates for both infants and children under 5 years dropped
significantly since 1989. The Government provides free and
compulsory primary school education, and primary school
enrollment has increased 9 percent per year since 1991, with
enrollment of girls increasing at an even higher rate.
Government policies aimed at increasing enrollment of girls
increased the proportion of girls in primary schools from 39
percent in 1990 to 45 percent during the year. In 1999 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. 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. Exile groups claim that Nepalese students scoring
highly on national exams are not always given the same
advantages as other students (such as the chance to study
abroad at government expense), particularly if they are
related to prominent dissidents or refugees.
There is no societal pattern of abuse against children.
Children enjoy a privileged position in society and benefit
from international development programs focused on maternal
and child welfare. A study by the United Nations Children's
Fund (UNICEF) found that boys and girls receive equal
treatment regarding nutrition and health care and that there
is little difference in child mortality rates between the
sexes.
Persons with Disabilities
There is no evidence of official discrimination toward
persons with disabilities, but the Government has not passed
legislation mandating accessibility for persons with
disabilities. Societal discrimination against persons with
disabilities remains 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. 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 for the south. However, 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.
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
During the mid- and late 1980's, citizenship became a highly
contentious matter. 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. 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. 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. Beginning in 1988,
the Government expelled large numbers of ethnic Nepalese
through enforcement of the new citizenship laws.
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
later declared in a circular that any nationals leaving the
country to assist "antinationals," and the families of such
persons, would 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. In
response to the perceived repression, ethnic Nepalese
protested, sometimes violently. The protests were led by the
Bhutan Peoples' Party (BPP), which advocated full
citizenship rights for ethnic Nepalese and for 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. 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 ethnic Nepalese also
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.
According to UNHCR, there were 98,269 ethnic Nepalese
refugees in seven refugee camps in eastern Nepal as of June
2000. 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 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 the early 1990's 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 never may have resided
in the country. Finally the Government contends that some
ethnic Nepalese left the country voluntarily, thus
renouncing their Bhutanese citizenship. Human rights
organizations credibly dispute this claim. A royal decree in
1991 made forcible expulsion of a citizen a criminal
offense. 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 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.
Since 1994 there has been a series of negotiations between
Nepal and Bhutan to resolve the Bhutanese refugee problem.
In late December 2000, the two countries agreed upon a
system to verify the nationality of Bhutanese refugees in
Nepal in preparation for their return to the country.
Refugee verifications began in March. By December all the
residents of the first camp had been interviewed, and the
Bhutanese verification team went back to Thimpu pending the
start of verification at the next camp. Refugee groups are
concerned that at the present rate, verification will take
several years. Bilateral negotiations on repatriation issues
in November failed to arrive at an agreement, and the matter
was deferred to a proposed future session of
ministerial-level talks.
In 1996, 1998, and 1999, refugees held a series of "peace
marches" from Nepal to Bhutan to assert their right to
return to Bhutan. The marchers charged that the Bhutanese
police assaulted them during each march, injuring several
demonstrators, and then arrested and deported all of the
marchers. A resolution adopted by the National Assembly in
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
resolution, and that the program was abrogated in November
1997. 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 in 1998 of resettling
Buddhist Bhutanese from other regions of the country on land
in the southern part of the country vacated by the ethnic
Nepalese 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 the 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. The Government maintains that, with very
little industrialization, there is little labor to be
organized.
b. The Right to Organize and Bargain Collectively
There is no collective bargaining in industry. Industry
accounts for approximately 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 prohibits forced or compulsory labor, and
there were no reports that such practices occurred. 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 there were
no reports that such practices 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 roadbuilding teams, which usually are made up
of non-Bhutanese guest workers. Children often do
agricultural work and chores on family farms. The law
specifically does not prohibit forced and bonded labor by
children, but such practices are not known to occur (see
Section 6.c.). The country has not ratified ILO Convention
182 on the Worst Forms of Child Labor; however, as a state
party to the U.N. Convention on the Rights of the Child, the
Government supports the provisions contained therein. The
country lacks a large pool of ready labor; for major
projects, such as road works, the Government brings in hired
laborers from India.
e. Acceptable Conditions of Work
A circular that went into effect in 1994 established wage
rates, rules and regulations for labor recruiting agencies,
and the regulations for payment of workmen's compensation.
Wage rates are revised periodically, and range upward from a
minimum of roughly $2.50 (100 ngultrums) per day plus
various allowances paid in cash or kind. This minimum wage
provides a decent standard of living for a worker and
family. 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. The last such increase was in
1999. According to the latest Census of Manufacturing
Industries, only 38 industrial establishments employ more
than 50 workers. Smaller industrial units include 39 plants
of medium size, 345 small units, 832 cottage industry units,
and 2,154 "mini" units. The Government favors family-owned
farms. Land laws prohibit a farmer from selling his or her
last 5 acres and require the sale of holdings in excess of
25 acres. This, along with the country's rugged geography,
results in a predominantly self-employed agricultural
workforce. Workers are entitled to free medical care within
the country. Cases that cannot be dealt with in the country
are flown to other countries (usually India) for treatment.
Workers 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 specifically prohibit trafficking in
persons; however, there were no reports that persons were
trafficked to, from, or within the country.
[End.]
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