2208Section 4. Governmental Attitude Regarding International and Nongovernmental Investigationof Alleged Violations of Human RightsThere are no legal human rights nongovernmental organizations (NGO’s) in thecountry. The Government regards human rights groups established by ethnic Nepaleseexiles—the Human Rights Organization of Bhutan, the People’s Forum forHuman Rights in Bhutan, and the Association of Human Rights Activists—Bhutan—aspolitical organizations and does not permit them to operate in the country.Amnesty International visited Bhutan in 1992 to investigate and to report on thealleged abuse of ethnic Nepalese. In late November 1998, Amnesty Internationalagain sent a delegation to the country and later released a report.ICRC representatives continue twice yearly prison visits, and the Government hasallowed them unhindered access to detention facilities, including those in southerndistricts inhabited by ethnic Nepalese. The chairman and members of the U.N.Human Rights Commission Working Group on Arbitrary Detention made a secondvisit to the country in May 1996 as a follow-up to an October 1994 visit. In additionto meetings with government officials, members of the working group visited prisonsand interviewed prisoners in Thimphu, Phuntsoling, and Samtse.Section 5. Discrimination Based on Race, Sex, Religion, Disability, Language, or SocialStatusOngoing government efforts to cultivate a national identity rooted in the language,religion, and culture of the Ngalong ethnic group restrict cultural expressionby other ethnic groups. In the late 1980’s and early 1990’s, the Government institutedpolices designed to preserve the cultural dominance of the Ngalong ethnicgroup. It also committed many abuses against the ethnic Nepalese, which led to thedeparture of tens of thousands of ethnic Nepalese from the country; many ethnicNepalese were expelled forcibly, and almost 100,000 of them remain in refugeecamps in Nepal. At the time, the Government claimed that it was concerned aboutthe rapid population growth of and political agitation by the ethnic Nepalese. TheGovernment claims that ethnic and gender discrimination in employment is not aproblem. It claims that ethnic Nepalese fill 22 percent of government jobs, whichis slightly less than their proportion of the total population. Bhutanese humanrights groups active outside the country claim that ethnic Nepalese actually makeup about 35 percent of the country’s population and that the Government underreportstheir number. Women are accorded respect in the traditions of most ethnicgroups; however, persistence of traditional gender roles apparently accounts for thelow proportion of women in government employment. Exile groups claim that ethnicand 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 securityforces raped large numbers of ethnic Nepalese women in the southern area ofthe country in 1991 and 1992. According to Amnesty International, some women reportedlyhave 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 primereason 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 andwas enforced poorly. In 1993 the National Assembly adopted a revised rape act withclear definitions of criminal sexual assault and stronger penalties. In cases of rapeinvolving minors, sentences range from 5 to 17 years. In extreme cases, a rapistmay be imprisoned for life.Women constitute 48 percent of the population and participate freely in the socialand economic life of the country. Approximately 43 percent of enrollment in schoolis female, and 16 percent of civil service employees are women. Inheritance law providesfor equal inheritance among all sons and daughters, but traditional inheritancepractices, which vary among ethnic groups, may be observed if the heirs chooseto forego legal challenges. Dowry is not practiced, even among ethnic Nepalese Hindus.Among some groups, inheritance practices favoring daughters reportedly accountfor the large numbers of women among owners of shops and businesses andfor an accompanying tendency of women to drop out of higher education to go intobusiness. However, female school enrollment has been growing in response to governmentpolicies. Women increasingly are found among senior officials and privatesector entrepreneurs, especially in the tourism industry. Women in unskilled jobsgenerally are paid slightly less than men.Polygamy is sanctioned provided the first wife gives her permission. Marriagesmay 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.VerDate 11-MAY-2000 13:46 Sep 20, 2001 Jkt 071555 PO 00000 Frm 00052 Fmt 6601 Sfmt 6621 F:\WORK\COUNTRYR\S71555\71555.035 HINTREL1 PsN: HINTREL1
2209Children.—The Government has demonstrated its commitment to child welfare byits rapid expansion of primary schools, health-care facilities, and immunization programs.The mortality rates for both infants and children under 5 years havedropped significantly since 1989. The Government provides free and compulsory primaryschool education, and primary school enrollment has increased at 9 percentper year since 1991, with enrollment of girls increasing at an even higher rate. In1995 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 andat 59 percent for boys. There is no law barring ethnic Nepalese children from attendingschool. However, most of the 75 primary schools in southern areas heavilypopulated by ethnic Nepalese that were closed in 1990 remain closed today. The closureof the schools acts as an effective barrier to the ability of the ethnic Nepalesein southern areas to obtain a primary education. Children enjoy a privileged positionin society and benefit from international development programs focused on maternaland child welfare. Amnesty International reported that at least 23 students,between 7 and 21 years of age, whose relatives had been arrested for supportingthe prodemocracy movement, were expelled from school in eastern Bhutan in 1998.Amnesty International also reported that 19-year-old Needup Phuntso was expelledfrom school in March 1998 and was tortured by members of the Royal Bhutanesepolice after his arrest in Thimphu in July 1998.A study by UNICEF found that boys and girls receive equal treatment regardingnutrition and health care and that there is little difference in child mortality ratesbetween the sexes. Government policies aimed at increasing enrollment of girls haveincreased the proportion of girls in primary schools from 39 percent in 1990 to 43percent in 1995.There is no societal pattern of abuse against children.People with Disabilities.—There is no evidence of official discrimination towarddisabled persons but the Government has not passed legislation mandating accessibilityfor the disabled. Societal discrimination against the disabled is a problem.National/Racial/Ethnic Minorities.—Ethnic Nepalese have lived in the southernpart of the country for centuries, and the early phases of economic development atthe turn of the century brought a large influx of additional ethnic Nepalese. In thelate 1980’s, concern over the increase in the population of and political agitationamong ethnic Nepalese prompted aggressive government efforts to assert a nationalculture, to tighten control over southern regions, to control illegal immigration, toexpel ethnic Nepalese, and to promote national integration. Early efforts at nationalintegration focused on assimilation, including financial incentives for intermarriage,education for some students in regions other than their own, and an increase in developmentfunds in the south.Beginning in 1989, more discriminatory measures were introduced, aimed atshaping a new national identity, known as Drukpa. Drukpa is based on the customsof the non-ethnic Nepalese Ngalong ethnic group predominant in the western partof the country. Measures included a requirement that national dress be worn for officialoccasions and as a school uniform, the teaching of Dzongkha as a second languagein 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, theGovernment refused to renew the contracts of tens of thousands of Nepalese guestworkers. Many of these workers had resided in the country for years, in some caseswith 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 countryfor at least 10 years. However, in 1985 a new citizenship law significantly tightenedrequirements for citizenship and resulted in the denaturalization of many ethnicNepalese. While citizenship previously was conferred upon children whose fatherwas a citizen under the 1958 law, the 1985 law required that both parents be citizensin order to confer citizenship on a child, and that persons seeking to prove citizenshipthrough their own or their parents’ residency in 1958 be able to prove residencyin the country at that time. In many cases, persons were unable to producethe documentation necessary, such as land tax receipts from 1958, to show residencynearly 30 years before. The law permits residents who lost citizenship under the1985 law to apply for naturalization if they can prove residence during the 15 yearsprior to that time. The Government declared all residents who could not meet thenew citizenship requirements to be illegal immigrants.The 1985 Citizenship Act also provides for the revocation of the citizenship of anynaturalized citizen who ‘‘has shown by act or speech to be disloyal in any mannerwhatsoever to the King, country, and people of Bhutan.’’ The Home Ministry, in acircular notification in 1990, advised that ‘‘any Bhutanese nationals leaving theVerDate 11-MAY-2000 13:46 Sep 20, 2001 Jkt 071555 PO 00000 Frm 00053 Fmt 6601 Sfmt 6621 F:\WORK\COUNTRYR\S71555\71555.035 HINTREL1 PsN: HINTREL1
- Page 7 and 8: 2163All factions probably hold poli
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2287Provisional Constitutional Orde
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23491999, the LTTE began a program