Excerpts: U.S. State Department 1999 Country Reports for East Asia
(Faults Burma, China, others on poor human rights record)The United States measured the human rights records of the countries in the East Asia and Pacific region in 1999 and said some governments came up short.
The State Department released its 1999 human rights report February 25 in Washington, D.C. The annual report on human rights is required by law. U.S. embassies report on human rights conditions in their host countries, and the U.S. State Department compiles them into one report.
China's communist government was criticized for a "poor human rights record," that had "deteriorated markedly throughout the year (1999)."
The State Department listed efforts by the Beijing regime to stifle dissent, "particularly organized dissent."
Turning to the Falun Gong, a spiritual movement in China that has been the object of government harassment, the State Department said "tens of thousands of members of the Falun Gong spiritual movement were detained after the movement was banned in July." The State Department said several leaders of the movement were sentenced to long prison terms while "hundreds of others were sentenced administratively to reeducation through labor in the fall."
The State Department said there had been reports that the communist government had "started confining some Falun Gong adherents to psychiatric hospitals."
Turning to China's legal system, the State Department said that in "sensitive political cases," the judicial system "denies criminal defendants basic legal safeguards and due process because authorities attach higher priority to maintaining public order and suppressing political opposition than to enforcing legal norms."
Control and manipulation of the press by the Beijing regime "for political purposes" increased during the year, the State Department said.
Beijing's record of dealing with ethnic and religious minorities also came in for criticism. The State Department cited "serious human rights abuses persisted in some minority areas, especially in Tibet and Xinjiang, where restrictions on religion and other fundamental freedoms intensified." In contrast with China's bleak record, Indonesia was cited for its "significant progress in institutionalizing democracy during the year."
However, the State Department added, "serious problems remained under the Wahid Government, although overall abuses decreased markedly." Indonesian security forces, the State Department said, "continued to commit extra-judicial killings."
While decrying the killings and violence that beset Indonesia, the State Department noted that "throughout the year -- and in marked contrast to the previous year -- there was a general improvement in the institutionalization of human rights protections."
Malaysia, the State Department said, continued to have "serious problems" in its human rights record in certain areas. Malaysian police committed a number of extra-judicial killings, "although fewer than in previous years," the State Department said.
Malaysian police, the State Department added, "on occasion tortured, beat, or otherwise abused prisoners, detainees, and demonstrators."
The State Department cited the case of former Deputy Prime Minister Anwar Ibrahim, who was charged with obstruction of justice in 1998 "for political reasons" and convicted in April.
"Improper conduct by the police and prosecutors, along with many questionable rulings by the judge, denied Anwar a fair opportunity to defend himself," the State Department said, noting that at year's end he was being held without bail on a new charge.
The Philippines, a long-time U.S. ally and democracy, "generally respected the human rights of citizens," the State Department said. But it noted, that members of Philippine security services "were responsible for extra-judicial killings, torture, disappearances, arbitrary arrest and detention, and other physical abuse of suspects and detainees."
Similarly, the Republic of Korea, another U.S. ally and democracy, was said to generally respect the human rights of its citizens, by the State Department.
However, the State Department noted where "credible sources reported instances in which police subjected detainees to verbal and physical abuse, although human rights groups report that the number of such cases continues to decline."
In North Korea, the State Department said, the communist government denies its citizens basic rights. The Pyongyang regime, it added, "subjects its citizens to rigid controls."
The communist leadership, the State Department said, "perceives most international norms of human rights, especially individual rights, as illegitimate, alien social concepts subversive to the goals of the State and party."
North Korea's penal code, the State Department said, "is draconian, stipulating capital punishment and confiscation of all assets for a wide variety of 'crimes against the revolution,' including defection, attempted defection, slander of the policies of the party or State, listening to foreign broadcasts, writing 'reactionary' letters, and possessing reactionary printed matter." The communist government in Vietnam continued to have a poor human rights record, said the State Department.
The Hanoi regime "continued to repress basic political and some religious freedoms and to commit numerous abuses," the State Department said.
Similarly in Burma, the Rangoon regime received low marks from the State Department for its "extremely poor human rights record and longstanding severe repression of its citizens."
The State Department criticized the Burmese government's treatment of 1991 Nobel laureate, Aung San Suu Kyi, and noted that the people of Burma do not enjoy the right to change their government.
Following are excerpts from the 1999 State Department country reports on human rights for selected countries in the East Asia-Pacific region:
(begin excerpts)
Burma
The Government's extremely poor human rights record and longstanding severe repression of its citizens continued during the year. Citizens continued to live subject at any time and without appeal to the arbitrary and sometimes brutal dictates of the military regime. Citizens did not have the right to change their government. There continued to be credible reports, particularly in ethnic minority-dominated areas, that soldiers committed serious human rights abuses, including extra-judicial killings and rape. Disappearances continued, and members of the security forces tortured, beat, and otherwise abused detainees. Prison conditions remained harsh and life threatening, but improved slightly in some prisons after the International Committee of the Red Cross (ICRC) gained access to prisons in May. Arbitrary arrest and detention for expression of dissenting political views continued with increasing frequency; the Government continued to detain more than 55 members-elect of Parliament and hundreds of other NLD supporters to prevent the party from convening the parliament elected in 1990. Since 1962 thousands of persons have been arrested, detained, or imprisoned for political reasons; more than 1,300 political prisoners remained at year's end. The judiciary is not independent. The Government continued to infringe on citizens' privacy rights, and security forces continued systematically to monitor citizens' movements and communications, to search homes without warrants, and to relocate persons forcibly without just compensation by due process. During the year, those suspected of or charged with pro-democratic political activity were subjected to increased surveillance and harassment. Security forces continued to use excessive force and to violate international humanitarian law in internal conflicts against ethnic insurgencies. The regime forcibly relocated large ethnic minority populations in order to deprive armed ethnic groups of civilian bases of support.
The SPDC continued severely to restrict freedom of speech and of the press. The junta restricted academic freedom; most universities have been closed since 1996 due to fear of political dissent. The junta severely restricted freedom of assembly, and systematically intensified its restriction of freedom of association, pressuring many thousands of members to resign from the NLD political party and closing party offices nationwide. Since 1990, the junta frequently has prevented the NLD and other prodemocracy parties from conducting normal political activities. Although the junta continued to recognize the NLD as a legal entity, it also continued to refuse to recognize the legal political status of key NLD party leaders, particularly its general secretary and 1991 Nobel laureate, Aung San Suu Kyi, and the two party cochairmen, and to constrain their activities severely through security measures and threats. During the year, the SPDC intensified its systematic use of coercion and intimidation to deny citizens the right to change their government. In August 1998, the NLD leadership organized a 10-member Committee Representing the People's Parliament (CRPP) to act on behalf of the Parliament. The junta has responded by intensifying its campaign to destroy the NLD without formally banning it, by intimidating several elected representatives into resigning from the parliament, by detaining 55 other elected representatives, and by pressuring constituents to sign statements of no confidence in others. The junta restricted freedom of religion; it continued its institutionalized control over Buddhist clergy in order to restrict efforts by some Buddhist clergy to promote human rights and political freedom, and government authorities coercively promoted Buddhism over other religions in some ethnic minority areas. The Government imposed restrictions on certain religious minorities. The Government continued to restrict freedom of movement and in particular foreign travel by female citizens; the junta also continued to restrict Aung San Suu Kyi's freedom to leave her residence or to receive visitors. The Government did not allow domestic human rights organizations to exist, and remained generally hostile to outside scrutiny of its human rights record. Violence and societal discrimination against women remained problems. The junta continued severely to neglect the education of children by underfunding public schools. There was governmental and societal discrimination against ethnic minorities, and animosities between the Burman majority and ethnic minorities continued. The Government continued to restrict worker rights, ban unions, and use forced labor for public works and to produce food and other daily necessities for military garrisons. Forced labor including forced child labor was a serious problem. The forced use of citizens as porters by the army--with attendant mistreatment, illness, and sometimes death--remained a common practice. The Government did not honor its repeated pledge to prevent its officials from using their authority under the country's Towns Act and Villages Act to mobilize forced labor. In June the Government responded to sanctions that the International Labor Organization (ILO) imposed on it for its use of forced labor by unilaterally withdrawing from the convention on forced labor administered by the ILO. Child labor is also a problem, and varies in severity depending on the region. Trafficking in persons, particularly in women and girls to Thailand and China, mostly for the purposes of prostitution, remained widespread.
Insurgent forces committed numerous abuses, including killings, rapes, forced labor, and the forced use of civilians as porters.
Cambodia
There continued to be serious problems in the Government's human rights record; however, there were marked improvements in several areas. The military forces and police were responsible for dozens of extra-judicial killings, and impunity remains a problem since the Government rarely prosecuted the perpetrators of such killings. However, unlike the previous year, there were no reports of politically motivated killings. There were credible reports that members of the security forces tortured, beat, and otherwise abused persons in custody, often to extract confessions. Prison conditions remained harsh, and the Government continued to use arbitrary arrest and prolonged pretrial detention.
In August the Government repealed civil service legislation that previously made it difficult to arrest and prosecute members of the police and security forces for criminal activity. Courts began to prosecute some members of the security forces for human rights abuses; however, immunity for those who committed human rights abuses remains a problem. The Government, and local government officials, generally continued to lack the political will and financial resources to act effectively against security force officials suspected of being responsible for human rights abuses. Democratic institutions, especially the judiciary, remain weak. The judiciary is subject to influence by the executive branch and is marred by inefficiency, a lack of training, a shortage of resources, and widespread corruption related to low wages. Politically related crimes rarely were prosecuted, and citizens without defense counsel often effectively were denied the right to a fair trial. The Government's respect for freedom of the press, assembly, and association improved, and the Government generally respected these rights.
Societal discrimination against women is a problem. Domestic violence against women and abuse of children are common. Discrimination against the disabled is a problem. The ethnic Vietnamese minority continued to face widespread discrimination by the Khmer majority, and this enmity was exploited by the political opposition. Labor conditions generally improved. The Government took steps to ease the creation and registration of trade unions; however, the Government does not enforce effectively legal provisions on wages, overtime labor, rest time, and protection of workers' rights to organize. Trafficking in women and girls for the purpose of forced prostitution is a serious problem.
Mob violence, not ethnically directed, resulted in some killings. Land mines killed or wounded over 800 persons.
The mass Khmer Rouge defections that began in 1996 and ended in late 1998 with the surrender of senior Khmer Rouge leaders Nuon Chea and Khieu Samphan resulted in complete cessation of the guerrilla insurgency against the Government. In March Ta Mok, the sole remaining Khmer Rouge leader at large following the mass defections, was arrested at the Thai border. Efforts to bring Ta Mok and senior Khmer Rouge leaders to justice for crimes committed from 1975 through 1979 remained underway.
China
The Government's poor human rights record deteriorated markedly throughout the year, as the Government intensified efforts to suppress dissent, particularly organized dissent. A crackdown against a fledgling opposition party, which began in the fall of 1998, broadened and intensified during the year. By year's end, almost all of the key leaders of the China Democracy Party (CDP) were serving long prison terms or were in custody without formal charges, and only a handful of dissidents nationwide dared to remain active publicly. Tens of thousands of members of the Falun Gong spiritual movement were detained after the movement was banned in July; several leaders of the movement were sentenced to long prison terms in late December and hundreds of others were sentenced administratively to reeducation through labor in the fall. Late in the year, according to some reports, the Government started confining some Falun Gong adherents to psychiatric hospitals. The Government continued to commit widespread and well-documented human rights abuses, in violation of internationally accepted norms. These abuses stemmed from the authorities' extremely limited tolerance of public dissent aimed at the Government, fear of unrest, and the limited scope or inadequate implementation of laws protecting basic freedoms. The Constitution and laws provide for fundamental human rights; however, these protections often are ignored in practice. Abuses included instances of extra-judicial killings, torture and mistreatment of prisoners, forced confessions, arbitrary arrest and detention, lengthy incommunicado detention, and denial of due process. Prison conditions at most facilities remained harsh. In many cases, particularly in sensitive political cases, the judicial system denies criminal defendants basic legal safeguards and due process because authorities attach higher priority to maintaining public order and suppressing political opposition than to enforcing legal norms. The Government infringed on citizens' privacy rights. The Government tightened restrictions on freedom of speech and of the press, and increased controls on the Internet; self-censorship by journalists also increased. The Government severely restricted freedom of assembly, and continued to restrict freedom of association. The Government continued to restrict freedom of religion, and intensified controls on some unregistered churches. The Government continued to restrict freedom of movement. The Government does not permit independent domestic non-governmental organizations (NGOs) to monitor publicly human rights conditions. Violence against women, including coercive family planning practices--which sometimes include forced abortion and forced sterilization; prostitution; discrimination against women; trafficking in women and children; abuse of children; and discrimination against the disabled and minorities are all problems. The Government continued to restrict tightly worker rights, and forced labor in prison facilities remains a serious problem. Child labor persists. Particularly serious human rights abuses persisted in some minority areas, especially in Tibet and Xinjiang, where restrictions on religion and other fundamental freedoms intensified.
Beginning in the spring, Communist Party leaders moved quickly to suppress what they believed to be organized challenges that threatened national stability and Communist Party authority. In the weeks before the 10th anniversary of the June 4 Tiananmen massacre, the Government also moved systematically against political dissidents across the country, detaining and formally arresting scores of activists in cities and provinces nationwide and thwarting any attempts to commemorate the sensitive anniversary. Authorities in particular targeted the CDP, which had already had three of its leaders sentenced to lengthy prison terms in December 1998. Beginning in May, dozens of CDP members were arrested in a widening crackdown and more of the group's leaders were convicted of subversion and sentenced to long prison terms in closed trials that flagrantly violated due process. Others were kept detained for long periods without charge. In one August week alone, CDP members Liu Xianbin, She Wanbao, Zha Jianguo, and Gao Hongming were sentenced to prison terms of 13, 12, 9, and 8 years, respectively. Dissidents also were rounded up in large numbers before the October 1 National Day celebrations. In addition, the press reported that the Government rounded up 100,000 or more persons and sent them out of Beijing under the custody and repatriation regulations prior to the October 1 National Day celebrations, to ensure order.
Control and manipulation of the press by the Government for political purposes increased during the year. After authorities moved at the end of 1998 to close a number of newspapers and fire several editors, a more cautious atmosphere in general pervaded the press and publishing industries during the year. As part of its crackdown against the popular Falun Gong spiritual movement, the Government employed every element of the state-controlled media to conduct a nationwide anti-Falun Gong propaganda campaign reminiscent of the campaigns against the democracy movement that followed the Tiananmen massacre of 1989. The press continued to report on cases of corruption and abuse of power by some local officials.
Unapproved religious groups, including Protestant and Catholic groups, continued to experience varying degrees of official interference, repression, and persecution. The Government continued to enforce 1994 State Council regulations requiring all places of religious activity to register with the Government and come under the supervision of official, "patriotic" religious organizations. There were significant differences from region to region, and even locality to locality, in the attitudes of government officials toward religion. In some areas, authorities guided by national policy made strong efforts to control the activities of unapproved Catholic and Protestant churches; religious services were broken up and church leaders or adherents were harassed, and, at times, fined, detained, beaten, and tortured. At year's end, some remained in prison because of their religious activities. In other regions, registered and unregistered churches were treated similarly by the authorities. Citizens worshiping in officially sanctioned churches, mosques, and temples reported little or no day-to-day interference by the Government. The number of religious adherents in many churches, both registered and unregistered, continued to grow at a rapid pace. The Government launched a crackdown against the Falun Gong spiritual movement in July. Tens of thousands of Falun Gong members were reported detained in outdoor stadiums and forced to sign statements disavowing Falun Gong before being released; according to official sources, practitioners of Falun Gong had 35,000 confrontations with police between late July and the end of October. A number of practitioners were detained multiple times. An unknown number of members who refuse to recant their beliefs remain detained; others are serving prison or reeducation-through-labor sentences. An intensive pro-atheism, "anti-superstition" media campaign also accompanied the suppression of Falun Gong. In October, new legislation banning cults was passed. Adherents of some unregistered religious groups reported that these new laws are used against them.
Although the Government denies that it holds political or religious prisoners, and argues that all those in prison are legitimately serving sentences for crimes under the law, an unknown number of persons, estimated at several thousand, are detained in violation of international human rights instruments for peacefully expressing their political, religious, or social views. Persons detained at times during the year included political activists who tried to register an opposition party; leaders of a national house church movement; organizers of political discussion groups that exceeded what the Government deemed to be the permissible level of dissent; and members of the Falun Gong movement. Some minority groups, particularly Tibetan Buddhists and Muslim Uighurs, came under increasing pressure as the Government clamped down on dissent and "separatist" activities. In Tibet the Government expanded and intensified its continuing "patriotic education campaign" aimed at controlling the monasteries and expelling supporters of the Dalai Lama. In Xinjiang authorities tightened restrictions on fundamental freedoms in an effort to control independence groups.
The authorities released fewer political prisoners before their terms were over than in recent years, although three were released early. In February the journalist Gao Yu was freed 6 months early, after having served 51/2 years in prison. In September Internet dissident Lin Hai was released 6 months early. Shi Binhai, co-editor of the controversial book "Political China," who had been detained without charge since September 1998, was released in March. Liu Xiaobo was freed in October after having completed his 3-year reeducation term. However, at year's end several thousand others, including Bishop An Shuxin, Cai Guihua, Chen Lantao, Chen Longde, Han Chunsheng, Li Bifeng, Li Hai, Liu Jingsheng, Peng Ming, Qin Yongmin, Shen Liangqing, Wang Youcai, Pastor Xu Yongze, Xu Guoxing, Xu Wenli, Yang Qinheng, Zhang Lin, Zhang Shanguang, Zhao Changqing, Zhou Yonjun, Ngawang Choephel, Abbot Chadrel Rinpoche, Jigme Sangpo, and Ngawang Sangrol (see Tibet addendum)--remained imprisoned or under other forms of detention for the peaceful expression of their political, social, or religious views. Some of those who completed their sentences and were released from prison--such as Bao Tong, senior aide to former Communist Party leaders--were kept under surveillance and prevented from taking employment or otherwise resuming normal lives. There were also reports of increasing surveillance of dissidents.
During the year, the Government continued efforts to reform the legal system and to disseminate information about new legislation. Initiatives to improve the transparency and accountability of the judicial and legal systems continued. The Government also expanded efforts to educate lawyers, judges, prosecutors, and the public on the provisions of new laws. A number of statutes passed in recent years--e.g., the Administrative Litigation Law, the Lawyers Law, the State Compensation Law, the Prison Law, the Criminal Law, and the Criminal Procedure Law--if enforced effectively hold the potential to enhance citizens' rights. The revised Criminal Procedure Law, which came into effect in 1997, provided for the defendant's right to legal counsel, an active legal defense, and other rights of criminal defendants recognized in international human rights instruments. If fully implemented, this law would bring criminal laws closer toward compliance with international norms. However, enforcement of the new statute is poor, and the law routinely is violated in the cases of political dissidents.
Despite intensified suppression of organized dissent, some positive trends continued. Non-governmental-level village committee elections proceeded, giving citizens choices about grassroots representatives, as well as introducing the principle of democratic elections. Additional experiments with higher level township elections were conducted without fanfare (or official approval by the central Government). Social groups with economic resources at their disposal continued to play an increasing role in community life. As many as 8.9 million citizens had access to the Internet, although the Government increased its efforts to try to control the content of material available on the Internet. Most average citizens went about their daily lives without significant interference from the Government, enjoying looser economic controls, increased access to outside sources of information, greater room for individual choice, and more diversity in cultural life. However, authorities significantly stepped up efforts to suppress those perceived to be a threat to government power or to national stability, and citizens who sought to express openly dissenting political and religious views continued to live in an environment filled with repression.
Indonesia
The Habibie Government committed serious human rights abuses; while there was significant progress in institutionalizing democracy during the year, serious problems remained under the Wahid Government, although overall abuses decreased markedly. Security forces continued to commit extra-judicial killings. Elements of the security forces and pro-integration militias, armed and largely supported by the military, were responsible for numerous extra-judicial killings in East Timor in the early months of the year. In April military-backed militias attacked displaced persons in a church in Liquica, killing at least 25 persons. Also in April, militias attacked the Dili home of pro-independence activist Manuel Carrascalao, killing his son and many others. Pro-integration militias in Suai also carried out numerous extrajudicial killings during the pre-consultation period. In September at least many hundreds of persons were killed in a wave of violence and destruction after the announcement of the proindependence vote. Priests and displaced persons were massacred at a church in Suai and up to 60 civilians were killed in a single attack by militias and security forces in Oekussi. In November the Indonesian Commission Investigating Human Rights Violations in East Timor discovered a mass grave containing the bodies of 26 victims of the Suai killings, and the commission concluded that TNI personnel were directly and indirectly involved in this and other extrajudicial killings carried out following the consultation vote. There was evidence that many key militia members were, in fact, TNI intelligence personnel. There were numerous reports of disappearances in East Timor and from refugee camps in West Timor following the flight of over 250,000 East Timorese civilians in September. Mau Hodu, a prominent Timorese National Resistance Council (CNRT) activist, disappeared in West Timor in September. Human rights violations in East Timor by security forces and military-backed militias against proindependence supporters included: Summary executions, massacres, massive deportation, attacks on women and children, houses and buildings besieged and destroyed, attacks and burnings of property belonging to international organizations and to the Catholic Church, and an attack on the only functioning medical clinic in Dili. More than 250 bodies were found in Dili and other areas. An International Commission of Inquiry, as well as an investigative commission established by the Indonesian Human Rights Commission (KPP), were set up to investigate reports of widespread killings.
In Aceh the military forces and national police committed numerous extrajudicial killings and used excessive force to quell separatist movements. Military forces sometimes resorted to force in order to disrupt peaceful demonstrations. TNI personnel often responded with indiscriminate violence after physical attacks on soldiers. There continued to be credible reports of the disappearance of dozens of civilians, many of whom are believed to have been associated with separatist activities.
Security forces also were responsible for numerous instances of indiscriminate shooting of civilians, torture, rape, beatings and other abuse, and arbitrary detention in Jakarta, Irian Jaya, Maluku, and elsewhere in the country. Rapes by security forces continued to be a widespread problem throughout many of these areas, and security forces systematically employed arbitrary arrest and detention without trial in Aceh. Prison conditions are harsh. Most instances of excessive force by the military and police during the year went unpunished; however, a military officer and several enlisted personnel received jail sentences for the deaths of four detainees. In response to ongoing abuses, a joint civilian-military court is pursuing several cases involving military officers. Despite initial steps toward reform, the judiciary remains subordinate to the executive, suffers from corruption, and does not always ensure due process. Security forces infringed on citizens' privacy rights. Government respect for freedom of speech and press continued to improve; however, the military tightly controlled news about East Timor and journalists continued to suffer intimidation and assaults. The Government legally provides for religious freedom for five designated religions; unrecognized religions are subject to restrictions. The Government continued to restrict freedom of movement to a limited extent. Thousands of Acehnese residents fled their villages during various security crackdowns against separatist groups. The military and prointegration militia also forced the relocation of thousands of persons. The Government places significant controls on freedom of assembly and forcibly disrupted many demonstrations throughout the year. Both the Habibie and Wahid administrations placed significantly fewer controls on freedom of association than did the Soeharto administration.
Domestic human rights organizations continued to play a significant and increasing role in advocating improved human rights conditions; however, the authorities continued to subject some non-governmental organizations (NGOs) to monitoring and interference. Violence and discrimination against women are endemic problems. Child abuse and child prostitution are problems, and female genital mutilation (FGM) persists in some areas. Discrimination against the disabled, the indigenous, and religious and ethnic minorities also are endemic problems. Violence between indigenous groups and transmigrants broke out in the spring. Inter-religious violence and violence against ethnic minorities continued. Attacks against houses of worship continued, and the lack of an effective government response to punish perpetrators and prevent further attacks led to allegations of official complicity in some of the incidents.
During the year the Government ratified several International Labor Organization (ILO) conventions, revised the registration law, and allowed new trade unions to form and operate. Nonetheless, enforcement of labor standards remained inconsistent and weak in some areas. Millions of children work, often under poor conditions. Forced and bonded child labor remained a problem, although the Government took steps during the year to remove children from fishing platforms where bonded child labor most commonly occurs. Trafficking of persons in and from the country is a problem. Vigilante action and mob violence resulted in the death of over 130 suspected criminals. A large number of suspected practitioners of black magic also were killed.
In East Timor, pro-independence groups committed serious abuses, including killings of security personnel. In Aceh dozens of low-level civil servants, police, and military personnel were murdered and abducted over the course of the year. It generally is believed that separatists carried out many of these, and other, killings. In Irian Jaya armed insurgents also committed killings and kidnappings.
Throughout the year--and in marked contrast to the previous year--there was a general improvement in the institutionalization of human rights protections. By year's end, national commissions of inquiry, the new Attorney General, and the military actively were pursuing investigations and trials of military officers for abuses. Under a law passed in August, the judiciary formally was separated from the executive branch. The Wahid Government appointed a forceful, respected Attorney General and, for the first time, a State Minister for Human Rights.
In April the Parliament repealed the 1963 Anti-Subversion Law, although it subsequently incorporated six crimes specified in that law into the Criminal Code. Parliament also enacted a law on human rights designed to strengthen protection of individual rights and the role of the National Human Rights Commission (KOMNASHAM), and a new press law that repealed older laws viewed as being more restrictive of press freedom.
In October the MPR amended the 1945 Constitution for the first time, limiting presidential powers and imposing a two-term limit on the President and Vice President. The MPR also created a working group to study further constitutional amendments to be considered during the August 2000 MPR session. In March the Habibie Government freed 52 political prisoners (with some restrictions), including labor leader Dita Indah Sari in July, and in September East Timorese leader Xanana Gusmao. In December the Wahid Government freed all known remaining political prisoners from the Soeharto era, a total of 196 persons.
Laos
The Government's human rights record deteriorated in some aspects throughout the year, and serious problems remain. Citizens do not have the right to change their government. Members of the security forces at times abused detainees and acted brutally toward suspected insurgents. Prison conditions are extremely harsh, and police used arbitrary arrest, detention, and intrusive surveillance. Lengthy pretrial detention is a problem. The judiciary is subject to executive influence, suffers from corruption, and does not ensure citizens due process. The Government infringed on citizens' privacy rights. The Government restricts freedom of speech, assembly, and association. The Government restricts freedom of religion and arrested and detained more than 55 Christians. The Government imposes some restrictions on freedom of movement and the press. Some societal discrimination against women and minorities persists. The Government restricts some worker rights. However, it permitted increased access to the foreign press and the Internet and actively supported a policy of encouraging greater rights for women and minorities. The Government has begun to focus on the problem of trafficking in women and children.
An organized Hmong insurgent group was responsible for occasional clashes with government troops. These exchanges reportedly were brutal on both sides.
Malaysia
There continued to be serious problems in the Government's human rights record in certain areas. Police committed a number of extrajudicial killings, although fewer than in previous years. Police on occasion tortured, beat, or otherwise abused prisoners, detainees, and demonstrators. The former chief of police admitted to having beaten the handcuffed and blindfolded former Deputy Prime Minister Anwar Ibrahim in 1998. For political reasons, Anwar was charged with obstruction of justice in 1998 and convicted in April. Improper conduct by the police and prosecutors, along with many questionable rulings by the judge, denied Anwar a fair opportunity to defend himself. At year's end, Anwar was being tried on a charge of sodomy and being held without bail. Police continued to arrest and detain many persons without trial or charge. Prolonged pretrial detention is a serious problem. Detained criminal suspects are denied access routinely to legal counsel prior to being charged formally. An Inter-Parliamentary Union (IPU) delegation found that prison conditions were not in accord with international norms. Conditions of detention of illegal alien detainees continued to pose a threat to life and health; the trial of a prominent human rights activist on charges arising from her criticisms of such conditions continued. A Western journalist was jailed after losing an appeal of a 1997 conviction for contempt of court stemming from an article that raised questions of judicial favoritism. The Attorney General practiced politically motivated, selective prosecution. Many observers expressed serious doubts about the independence and impartiality of the judiciary. The courts defied an International Court of Justice (ICJ) ruling that a United Nations Special Rapporteur was immune from several libel suits. Government restrictions, pressure, and intimidation led to a high degree of press self-censorship. The Government cracked down on newsstand sales of an opposition party newspaper. A U.N. Special Rapporteur reported that the Government systematically curtailed freedom of expression. Proliferating slander and libel suits threatened to stifle freedom of speech. Authorities infringed on citizens' privacy rights. The Government placed some restrictions on freedom of assembly and some peaceful gatherings. The Government continues to restrict significantly freedom of association. The Government continued to prohibit students from participating in some political activities. Religious freedom is subject to some restrictions, in particular the right of Muslims to practice teachings other than Sunni Islam. In addition the right of Muslims to change their religion was hindered by many practical obstacles. The Government continued to impose some restrictions on freedom of movement. Government restrictions and policies prevent opposition parties from competing effectively with the ruling coalition. The Election Commission's lack of independence prevents it from properly implementing and monitoring elections. The Government passed legislation to form a National Human Rights Commission; however, opposition and nongovernmental organization (NGO) leaders were skeptical of its potential independence and effectiveness. The Government continued to criticize harshly human rights NGOs. Despite government efforts, societal violence and discrimination against women remain problems. Malaysia is a source, transit, and destination country for trafficking in women and girls for the purpose of forced prostitution. Sexual abuse of children occurs, although it is punished severely. Indigenous people face discrimination and often are exploited, especially in regard to land issues. Longstanding policies give preferences to ethnic Malays in many areas, and ethnic minorities face discrimination. Some restrictions on worker rights persist. Child labor persists, although the Government has taken vigorous action against it.
North Korea
The Government continues to deny its citizens human rights. Citizens do not have the right peacefully to change their government. There continued to be reports of extrajudicial killings and disappearances. Citizens are detained arbitrarily, and many are held as political prisoners; prison conditions are harsh. The constitutional provisions for an independent judiciary and fair trials are not implemented in practice. The regime subjects its citizens to rigid controls. The state leadership perceives most international norms of human rights, especially individual rights, as illegitimate, alien social concepts subversive to the goals of the State and party. The Penal Code is draconian, stipulating capital punishment and confiscation of all assets for a wide variety of "crimes against the revolution," including defection, attempted defection, slander of the policies of the party or State, listening to foreign broadcasts, writing "reactionary" letters, and possessing reactionary printed matter. The Government prohibits freedom of speech, the press, assembly, and association, and all forms of cultural and media activities are under the tight control of the party. Radios sold in North Korea receive North Korean radio broadcasts only; radios obtained from abroad must be altered to work in a similar manner. Under these circumstances, little outside information reaches the public except that approved and disseminated by the Government. The Government restricts freedom of religion, citizens' movements, and worker rights. There were reports of trafficking in women and young girls.
Philippines
The Government generally respected the human rights of citizens; however, there were problems in some areas. Members of the security services were responsible for extrajudicial killings, torture, disappearances, arbitrary arrest and detention, and other physical abuse of suspects and detainees. Police corruption remains a problem. Prison conditions are harsh. The Government's Commission on Human Rights (CHR), established by the 1986 Constitution, in January described the PNP as the leading abuser of human rights, followed by the Communist New People's Army (NPA), and the AFP. Some abuses were committed by police and military personnel while involved in criminal activities such as kidnap gangs, drug trafficking, and illegal logging. Police leaders at times appeared to sanction brutality and extralegal killings as expedient means of fighting crime. The Government has taken few effective steps to stop military and police abuses, although police officers have been sentenced to death for murder convictions. The Government has been ineffective in reforming the police, the military forces, or the court system, with its poorly paid, overburdened judges and prosecutors. The court system remains susceptible to the influence of the wealthy and powerful, while failing to provide equal justice for others. The courts are hobbled by backlogs and limited resources, and long delays in trials are common. The authorities failed to prosecute many persons who broke the law.
The President's Anti-organized Crime Task Force made significant progress during the year against kidnap gangs; however, the Estrada administration's support for the Task Force Chief, an otherwise effective police officer often accused of human rights abuses, caused some to question the Government's commitment to police reform. The Government at times infringed on citizens' privacy rights. There was an increase in the Government's forcible displacement of squatters from their illegal urban dwellings to make way for industrial and real estate development projects, which often led to disputes and human rights abuses.
An estimated 5 to 6 million citizens living abroad are disenfranchised because the Congress still has not enacted absentee voting, as required by the Constitution. The CHR, whose primary mission is to investigate complaints of human rights violations, expanded the local monitoring system; at midyear there were more than 13,000 local human rights officers nationwide, up from 8,000 at the end of 1998. However, some local military and police forces harassed human rights activists. Violence and discrimination against women and abuse of children continued to be serious problems. Discrimination against indigenous people and Muslims persists. Rural poverty and family displacement are major causes of the continuing child labor problem, which the Government has addressed only partially. Forced labor, including forced child prostitution, is a problem. Trafficking in women and children is a problem.
Communist and Muslim insurgent groups, including the Moro Islamic Liberation Front (MILF), and the Communist New Peoples' Army (NPA) committed serious abuses, including extrajudicial killings, kidnapings, torture, and detentions. The NPA's use of children as armed combatants and noncombatants increased significantly.
Republic of Korea
The Government generally respects the human rights of its citizens; however, there were problems in some areas, although there were also some improvements. Credible sources reported instances in which police subjected detainees to verbal and physical abuse, although human rights groups report that the number of such cases continues to decline. The Ministry of Justice (MOJ) continued to implement guidelines requiring that suspects be told when arrested of their right to remain silent and their right to a lawyer. The Government continued to require released political prisoners to report regularly to the police under the Social Surveillance Law, and it still has not authorized independent investigations of the cases of some prisoners who were sentenced on charges believed to have been fabricated by previous governments. Some of these prisoners reportedly were subjected to torture to extract confessions and received trials that did not meet international standards of fairness. The use or threatened use of the National Security Law (NSL) continued to infringe upon citizen's civil liberties, including the right to free expression. The President declared in his August 15 Independence Day speech that areas of the NSL had to be revised to protect human rights and make the law consistent with the Government's attempts to expand contacts with the North. In March, 17 "long-term, unconverted" prisoners were released despite their refusal to sign an oath to obey the law. Violence against women and physical abuse remain serious problems, and there is still insufficient legal redress for dealing with them. Women continued to face legal and societal discrimination. President Kim, a long-time democracy and human rights activist, stated repeatedly that promoting the rights of women would be a priority goal, and in January the Equal Employment Act was amended to stiffen the penalties for sexual discrimination in hiring and promotion. In addition in July a new sexual harassment law went into effect, requiring companies to establish guidelines to prevent sexual harassment in the workplace and punishing firms that fail to discipline those guilty of sexual harassment. Ethnic minorities, very small in number, face legal and societal discrimination. In July legislation legalized the activities of teachers' unions. This and other recent labor law reforms bring the country's labor laws close to international standards. The country is considered to be a major transit point for traffickers of Asian women and children destined for the sex trade and domestic servitude.
Singapore
The Government generally respected the human rights of its citizens; however, there were significant problems in some areas. The Government has wide powers to limit citizens' rights and to handicap political opposition. There were occasional instances of police abuse; however, the Government investigates and punishes those found guilty and the media fully cover allegations of mistreatment. Caning, in addition to imprisonment, is a routine punishment for numerous offenses. The authorities sometimes infringe on citizens' privacy rights. Government intimidation and pressure to conform result in the practice of self-censorship among journalists. Government leaders historically have utilized court proceedings, in particular defamation suits, against political opponents and critics. However, while it initiated no new defamation suits against its political opponents or critics during the year, this practice, plus the consistency of judgments in favor of government plaintiffs, has had a chilling effect on political speech and action and highlighted concerns about the ruling party's use of the judicial system for political purposes. During the year, a prominent opposition figure was convicted for speaking in public without a permit. Despite a continuing discussion of the possibility of an expansion of free speech rights and the Government's role regarding these rights, the Government still did not take significant concrete steps to change the wide array of laws and government practices, or the informal levers of government influence, that lie behind the limitations on civil and political rights. The Government significantly restricts freedom of assembly and association. Jehovah's Witnesses and the Unification Church are banned; however, freedom of religion otherwise generally is respected. There is some legal discrimination against women, which affects benefits for children and husbands in limited cases. The Government has moved actively to counter societal discrimination against women and minorities, but some discrimination persists. Foreign workers are vulnerable to mistreatment and abuse. Trafficking in women for the purpose of prostitution is a limited problem.
Thailand
The Government generally respected the human rights of its citizens; however, some significant problems remain in several areas. Police officers killed a number of criminal suspects while attempting to apprehend them. The Government investigated some members of the security forces who were accused of extrajudicial killings; however, it remained reluctant to prosecute vigorously those who committed such abuses, resulting in a climate of impunity. Police occasionally beat suspects, at times to coerce confessions; authorities investigated an incident in which 3 prisoners were beaten to death during an escape attempt. An ingrained culture of corruption persists in many parts of the civilian bureaucracy and in the security forces. Routine demands for bribes undermine the rule of law and permit the continuation of various illegal activities, such as income tax evasion, gambling, trafficking, goods smuggling, and prostitution. Enforcement of a broad range of laws and regulations by police continues to be noticeably lax.
Conditions in prison and immigration detention facilities are poor due to severe overcrowding, and lengthy pretrial detention and the prolonged detention of some aliens remain problems. The judiciary suffers from corruption, and at times security forces infringed on citizen's privacy rights. The media practiced some self-censorship, and there were some restrictions on freedom of movement.
At times the Government hindered the activity of human rights groups. Although the enactment of the 1997 Constitution resulted in increased legal protections for women and the disabled, some inequities in the law remain. Violence against women, societal discrimination against women, trafficking in women and children, and forced prostitution are problems. Societal discrimination against indigenous people, and religious and ethnic minorities persists. Forced labor and illegal child labor also remain problems.
The 1997 Constitution contains provisions designed to combat corruption and increase government accountability, transparency, and public participation in the political process. The Government has adopted implementing legislation to bring government practice in line with these reforms over the last 2 years. In November, as mandated by the Constitution, new legislation established a permanent National Commission on Human Rights.
Vietnam
The Government's human rights record remained poor; although there was some measurable improvement in a few areas, the situation worsened in others, and serious problems remain. The Government continued to repress basic political and some religious freedoms and to commit numerous abuses. Although the VCP continued its efforts to reform procedures and internal debate and to allow a mechanism for citizens to petition the Government with complaints, the Government continued to deny citizens the right to change their government. Prison conditions remain harsh. There were credible reports that security officials beat detainees. The Government arbitrarily arrested and detained citizens, including detention for peaceful expression of political and religious views. For example, geophysicist Nguyen Thanh Giang was detained for 2 months for writing letters calling for pluralism and respect for human rights. The Government denied citizens the right to fair and expeditious trials and continued to hold a number of political prisoners. The Government restricts significantly citizens' privacy rights, although the trend toward reduced government interference in the daily lives of most citizens continued. The Government significantly restricts freedom of speech, the press, assembly, and association. The Government continued its longstanding policy of not tolerating most types of public dissent, although it made exceptions in some instances. For example, a number of persons circulated letters that were highly critical of senior leaders and called for political reform; these authors were subjected to close surveillance by public security forces. The Government allowed citizens somewhat greater freedom of expression and assembly to express grievances, including by delegates in the National Assembly, citizens in local forums with delegates, and small groups of protesters outside government offices. The Government prohibited independent political, labor, and social organizations; such organizations exist only under government control. The Government restricts freedom of religion and significantly restricts the operation of religious organizations other than those entities approved by the State. However, in some respects, conditions for religious freedom improved during the year. For example, a Hoa Hao organization was recognized for the first time officially. In July a festival gathering of up to 500,000 Hoa Hao in An Giang province took place and in August, an estimated 200,000 Roman Catholics attended the annual La Vang pilgrimage. The Government imposes some limits on freedom of movement. Societal discrimination and violence against women remained problems. Trafficking in women and children for the purpose of prostitution within the country and abroad continued to grow, and there were reports of the increased trafficking of women to China for forced marriages. The Government made efforts to combat these problems. Discrimination against ethnic minorities and child labor are problems. There were some reports of forced child labor and that certain prisons employed forced labor, sometimes as part of commercial ventures. The Government restricts worker rights.
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(Distributed by the Office of International Information Programs, U.S. Department of State. Web site: usinfo.state.gov)
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