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State Dept. Country Reports on Human Rights Practices 2005 03/18/06 International Gay and Lesbian Human Rights Commission International Lesbian and Gay Association |
Country Reports on Human
Rights Practices - 2006
Released by the Bureau
of Democracy, Human Rights, and Labor
March 6, 2007
http://www.state.gov/g/drl/rls/hrrpt/2006/
Excerpts pertaining to LGBT- and
HIV/AIDS-related incidents
(unless
otherwise specified, the excerpts below are from each country’s
Section 5 subparagraph labeled “Other
Societal Abuses and Discrimination”)
Compiled from State Dept. reports by Richard J. Rosendall
Gay and Lesbian Activists
1 Respect for the Integrity of the Person, Including Freedom From:
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
The law prohibits such practices; however, there were reports of abuses. For
example, human rights organizations reported that local authorities in
5 Discrimination, Societal Abuses, and Trafficking in Persons
Children
The AIHRC conducted a study on child sexual abuse this year revealed that girls were more vulnerable than boys. Sixty percent of child sexual abuse victims were girls, whereas 35 percent were boys (the remainder of victims surveyed did not record their gender). Eighteen percent of respondents knew of other children who had suffered sexual abuse. Five percent of victims said a female cousin had been sexually abused, and 2.7 percent of victims said a male cousin had also been sexually abused. When asked where the abuse took place, 45.5 percent of child victims had been sexually abused at home. Abuse in alleys or villages (27 percent), by shopkeepers in stores (10.8 percent), mountainous areas (8.3 percent), and hotels (2.7) percent was also common. Only 29 percent of victims had approached relevant authorities for help after the abuse, citing a lack of trust in the judicial system, fear of consequences and lack of family permission as the main reasons. Only 35 percent of victims who did file complaints were satisfied with the outcome. Article 427 of the penal code reads that "any person who conducts adultery or sodomy with a female or sodomy with a male shall be sentenced to lengthened imprisonment in accordance with the circumstances." Article 247 authorizes lengthened punishment (not to exceed ten years), "if the victim has not attained the age of 18." Article 430 more explicitly criminalizes sexual exploitation of children: "Any person who incites a male or female, who has not completed the age of 18, to engaging in debauchery as a profession or facilitates such an engagement, shall be sentenced to intermediate imprisonment, no less than three years."
Other Societal Abuses and Discrimination
The law criminalizes homosexual activity; however, the prohibition was only sporadically enforced. However, a recent UNHCR report noted that, homosexual persons commonly hid their sexual orientation. Many observers believed that societal disapproval of homosexuality was partly the cause for the prevalence of rape of young boys. During the year the Taliban published a new set of rules that explicitly forbade the recruitment of young boys for sexual pleasure.
1 Respect for the Integrity of the Person, Including Freedom From:
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
The constitution and law prohibit such actions; however, the police and prison guards at times beat and abused suspects and detainees. The Albanian Helsinki Committee (AHC) and the Albanian Human Rights Group (AHRG) continued to report that police nationwide used excessive force or inhumane treatment. According to the AHRG, most mistreatment took place at the time of arrest or initial detention. Roma, Balkan-Egyptians, and homosexuals were particularly vulnerable to police abuse (see section 5).
5 Discrimination, Societal Abuses, and Trafficking in Persons
The law prohibits discrimination based on race, gender, ethnicity, disability, language, or social status; however, discrimination against women, Balkan-Egyptians, Roma, and homosexuals persisted.
Other Societal Abuses and Discrimination
NGOs claimed that police targeted the country's homosexual community for abuse. According to the Albanian Gay and Lesbian Association, the police often arbitrarily arrested homosexuals and then physically and verbally abused them while they were in detention. In August police arrested the secretary general of Gay Albania, a gay rights NGO, and three others on prostitution charges. The AHRG carried out an investigation and reported that while in detention the four were mistreated by other prisoners and insulted by prison forces. The AHRG also reported that media coverage of this arrest did not respect the privacy of the arrested, including their HIV status, and was manipulated to propagate antihomosexual stereotypes and further discrimination. A 2006 UN Development Program report on HIV/AIDS in the country stated that citizens perceived little confidentiality in their HIV test results. Social stigmatization and severe discrimination against persons with HIV/AIDS were also common.
According to the ombudsman's office, in 2005 police at the Tirana police commissariat detained, insulted, and physically mistreated a member of the Gay Albania association. Medical experts verified the mistreatment, and the ombudsman's office started an investigation. No action had been taken against the police by year's end.
5 Discrimination, Societal Abuses, and Trafficking in Persons
Women
In July the Ministry of Religious Affairs and the Ministry of Health initiated a series of training sessions for imams and mourchidates (female guides) in order to better address social and medical issues, including HIV/AIDS. As part of the program, 100 copies of a national guide on Islam and HIV/AIDS were distributed to the attendees.
Other Societal Abuses and Discrimination
Because of societal and religious pressures, AIDS
is considered a shameful disease in
4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human Rights
An ombudsman received and addressed complaints, some of which were against the government's policies. The ombudsman was free of government control, and the government was generally responsive to the ombudsman's recommendations. The ombudsman, who is elected by consensus of all political parties, is authorized to hear and investigate complaints by private citizens against government officials or agencies. The ombudsman advised the government to follow World Health Organization recommendations concerning work and residence permits for immigrants. The government's denial of permits to people with certain diseases, including those affected by the HIV virus, is a practice that the ombudsman stated could violate human rights.
The law criminalizes sodomy. HIV/AIDS was openly discussed. In December 2005 President Dos Santos inaugurated a new building for the National Institute for HIV/AIDS and was supportive of HIV/AIDS awareness and prevention campaigns. However, discrimination against homosexuals and those with HIV/AIDS occurred. The government promulgated a law that criminalizes discrimination against those with HIV/AIDS, but lack of enforcement allowed employers to discriminate against and treat unfairly those with the condition. There were no reports of violence against those with HIV/AIDS. Local NGOs had been established to combat stigmatization and discrimination against people living with HIV/AIDS. The FAA implemented educational programs to discourage discrimination against HIV-positive military personnel and prevent the spread of the disease.
1 Respect for the Integrity of the Person, Including Freedom From:
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
The constitution specifically prohibits such practices, and the authorities generally respected these prohibitions in practice. Nonetheless, there were occasional reports of police brutality, corruption, excessive force, discrimination against homosexuals, and allegations of abuse by prison guards.
1 c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
5 Discrimination, Societal Abuses, and Trafficking in Persons
The constitution and law prohibit discrimination based on race, gender, disability, language, or social status, but there was societal discrimination against women, ethnic minorities, persons with disabilities, and homosexuals.
Other Societal Abuses and Discrimination
Persons who were openly gay were exempted from military service, purportedly because of concerns that they would be abused by fellow servicemen. The local Helsinki Association and other observers reported cases of police harassment of homosexuals through blackmail, extortion, and, on occasion, violence.
On August 9, an openly gay businessman was found dead in his apartment. The police investigation focused mainly on the man's possible sexual partners. Local observers reported that in the course of the police investigation, officers indiscriminately rounded up gay men in a city park for questioning.
In 2003 the NSW government released a study of violence against homosexuals, which found that more than half of the survey participants had experienced one or more forms of abuse, harassment, or violence in the previous 12 months. The report also found that two or more persons who were unknown to the victim perpetrated most incidents of harassment or violence and that homosexuals of Middle Eastern background suffered exclusion, assaults, and stalking from family or community members. Although no more recent studies were available on the subject, there were anecdotal media reports that such problems continued.
Federal and various state laws prohibit discrimination on the grounds of HIV positive status. In the 12 months ending June 30, there were 12 discrimination complaints lodged with the federal disability discrimination commissioner, which is part of HREOC, on the grounds of HIV/AIDS status. These complaints also were included in the total of 561 disability-related complaints to HREOC.
5 Discrimination, Societal Abuses, and Trafficking in Persons
National/Racial/Ethnic Minorities
According to the IHF, the criminalization of homosexuality continued to be an issue. A majority in parliament has not supported calls by the Green Party for the legalization of gay marriages.
The government did not officially condone discrimination based on sexual orientation; however, there was societal prejudice against homosexuals.
5 Discrimination, Societal Abuses, and Trafficking in Persons
Children
The Ministry of Social Services is responsible for abandoned children up to 18 years of age but had very limited resources at its disposal. The government found foster homes for some children, and the government hospital housed eight abandoned children (all of whom had physical disabilities) during the year when foster homes could not be found. During the year the government also opened a home to house orphaned children infected with HIV/AIDS.
Other Societal Abuses and Discrimination
Societal discrimination against homosexuals occurred, with some persons reporting job and housing discrimination based upon sexuality. Although homosexual relations between consenting adults are legal, there was no legislation to address the human rights concerns of homosexuals, lesbians, bisexuals, or transgendered persons. In March the Constitutional Review Commission found that sexual orientation did not deserve protection against discrimination. The government banned a film containing homosexual content, sponsored an antihomosexual rally, and included antihomosexual content in public schools.
On February 22, a private security guard allegedly beat Loxsley Bastian as a result of his sexual orientation. Bastian alleged that in response to the incident, police hit him, used slurs against him, and failed to take appropriate action against the security guard. Police denied wrongdoing, claiming Bastian was abusive and disruptive.
The law does not criminalize homosexual relationships between consenting adults of at least 21 years of age. According to BHRS reports of violence or discrimination against homosexuals were not common. Also, persons with HIV/AIDS did not commonly experience discrimination. However, reports of crimes in the media did not regularly specify if a victim of a crime was an alleged homosexual or had HIV/AIDS. While discrimination was not common or apparent, both attributes are socially taboo and not widely covered in the media.
Homosexual acts are illegal; however, in practice the law is rarely invoked. The law states that "whoever voluntarily has carnal intercourse against the order of nature with any man, woman, or animal, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall be liable to fine."
There were a few informal support networks for homosexual men, but organizations to assist lesbians were almost non-existent.
Incidents of attacks on homosexuals were difficult to track because victims' desired confidentiality and local human rights groups did not monitor this area, but they were known to occur. Government safeguards in this area were nonexistent. There were few studies on homosexuality in the county, and information was difficult to collect. According to one report by Human Rights Watch (HRW) in 2002, homosexual men were subject to harassment and rape by police and local criminals without proper methods of recourse, due to societal discrimination. HRW also found that homosexual men often faced threats of extortion. According to HRW considerable official and societal discrimination existed against those who provided HIV prevention services and against high-risk groups likely to spread HIV/AIDS.
5 Discrimination, Societal Abuses, and Trafficking in Persons
Women
Prostitution is illegal, but it remained a problem, fueled by poverty and tourism. The media reported on prostitution, usually in the context of its role in the upcoming Cricket World Cup in 2007 and concern over HIV/AIDS. There is no statute specifically prohibiting sexual tourism, and no statistics on it, but anecdotal evidence suggested that it occurred.
Other Societal Abuses and Discrimination
There are no laws that prohibit discrimination against a person on the basis of sexual orientation in employment, housing, education, or health care. Although no statistics were available, anecdotal evidence suggested that societal discrimination against homosexuals occurred.
The government initiated programs designed to discourage discrimination against HIV/AIDS-infected persons and others living with them. The International Labor Organization operated a three-year program to reduce risk behavior among targeted workers and to reduce employment-related discrimination among persons with HIV/AIDS. Seven enterprises adopted workplace policies, and stakeholders met to discuss developing a national strategic plan on HIV/AIDS.
1 Respect for the Integrity of the Person, Including Freedom From:
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
Prison and
Prison conditions remained austere and were marked by occasional shortages of food and medicine and the spread of diseases such as tuberculosis and HIV/AIDS.
5 Discrimination, Societal Abuses, and Trafficking in Persons
Other Societal Abuses and Discrimination
Homosexuality is not illegal; however societal discrimination against homosexuals was a problem. Homophobia was widespread, and instances of harassment occurred in all spheres of society. According to the local TEMA gay rights group, government-controlled media tried to decrease participation in the protests following the March presidential election by saying they were part of a "gay revolution." In 2005 state media attempted to discredit the opposition by associating it with homosexuality. On July 31, state media BT broadcast on national television a police expose of a Latvian diplomat assigned to the country whom authorities accused of distributing pornography (see section 1.f.). The program targeted the diplomat because of his sexual orientation and included several minutes of hidden-camera footage of the diplomat watching pornography and engaging in homosexual activities. The police dropped the investigation in October.
On November 8, police raided an apartment where TEMA members gathered to organize an international Lesbian, Gay, Bisexual and Transsexual Conference scheduled for November 10. Police seized conference materials and detained members for questioning at a police station. Four TEMA activists were released; three remained in detention over night. TEMA leaders subsequently canceled the conference.
Societal discrimination against persons with HIV/AIDS remained a problem despite greater awareness of the disease and increasing tolerance towards people infected with HIV/AIDS. For example, maternity wards no longer separate HIV/AIDS-infected mothers from those not infected. However, the UNAIDS office reported that attitudes towards HIV/AIDS patients remained complicated, and there were still numerous reports of HIV-infected individuals who faced discrimination or were afraid to disclose their illness.
In its annual report for 2005, the CEOOR noted an increase in nonracial
complaints. These cases concerned discrimination on grounds of sexual
orientation, health condition, and age. Courts have occasionally convicted
landlords refusing to lease to same-sex couples, and a judge in
The country permits homosexual marriages, and same-sex couples can adopt children.
There was some societal discrimination against persons with HIV/AIDS, and the government worked to combat it through the public education efforts of the National AIDS Commission (NAC) under the Ministry of Human Development and through the Pan-American Social Marketing Organization, which received foreign government assistance. In December 2005 the country adopted a national HIV/AIDS policy that promotes voluntary counseling and testing. Shortly thereafter, the BDF announced its intent to implement a policy requiring HIV testing for all new recruits. After the NAC expressed concern that BDF's policy was inconsistent with national policy, the NAC undertook a dialogue with BDF to synchronize BDF's HIV testing requirements with the national policy. No agreement had been reached by the end of the year.
1 Respect for the Integrity of the Person, Including Freedom From:
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
Prison and
The law provides that prisoners have access to medical assistance, but prisons lacked adequate health care, and it was difficult for prisoners to get permission for outside medical treatment. Of the country's 14 jails, five failed to provide doctors or medical assistance. NGOs and prisoners reported tuberculosis and HIV/AIDS in the jails. The government was unaware of the number of ill prisoners. However, affluent prisoners could obtain transfers to preferred prisons or even to outside private institutional care for "medical" reasons. Inmates who could pay had access to drugs and alcohol.
While the law prohibits discrimination on the basis of sexual orientation, it was not enforced in practice, and there was frequent societal discrimination against gay, lesbian, bisexual, and transgender persons.
The NGO Global Rights reported during the year on the country's compliance under international and European legal frameworks to uphold the rights of sexual minorities. The report stated that the country did not provide the full range of protection envisaged under these instruments to members of sexual minority communities and that social and cultural stigma contributed to instances of discrimination. The report cited the limited means available for redress against discrimination on the grounds of sexual orientation, as well as a lack of legal provisions directly addressing discrimination based on gender identity or expression.
Sexual minorities who were open about their orientation were frequently fired from their jobs. In some cases, dismissal letters explicitly stated that sexual orientation was the cause of termination, making it extremely difficult for them to find another job. Some gay teens were harassed at school and were kicked out or ran away from home after revealing their orientation to their parents.
Some teachers described homosexuality as deviant behavior when presenting the public school curriculum on health and sexuality to their students.
According to unreliable government statistics, there were less than a hundred cases of HIV/AIDS in the country. There was a significant stigma against persons with HIV/AIDS.
Discrimination against persons with HIV/AIDS continued to be a problem, including in the workplace. The government funded community organizations that ran programs to reduce the stigma of HIV/AIDS.
The law prohibits homosexuality, but there were no reports of enforcement action by the authorities. There were, however, reports of societal discrimination and harassment of homosexuals.
1 Respect for the Integrity of the Person, Including Freedom From:
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
Prison and
Prisoners were subjected to unhealthy medical and sanitary conditions.
Scabies and tuberculosis, HIV/AIDS, and hepatitis were widespread in
5 Discrimination, Societal Abuses, and Trafficking in Persons
Women
The government acted to combat violence against women. Each state secretariat for public security operated delegacias da mulher (DEAM). These police stations are dedicated exclusively to addressing crimes against women. The quality of services varied widely, and availability was particularly limited in isolated areas. The stations provided psychological counseling, temporary shelter, hospital treatment for victims of domestic violence and rape (including treatment for HIV and other sexually transmitted diseases).
Other Societal Abuses and Discrimination
State and federal laws prohibit discrimination based on sexual orientation, and the federal and state governments generally enforced these laws, as there was a history of societal violence against homosexuals.
The Secretariat of State Security in
According to the NGO Bahian Gay Group, 81 homicides of homosexuals were reported between January and July, compared with 63 killed during the same period in 2005.
There were incidents of violent attacks against homosexuals carried out by
neo-Nazi groups in the southern part of the country. In March and April a group
or groups of neo-Nazi skinheads attacked several homosexuals in the Jardim Paulista neighborhood of
metropolitan
Although the law prohibits discrimination on the basis of sexual orientation, the government did not effectively enforce this provision in practice. Although incidents of violence against sexual minorities were rare, societal discrimination was a problem, manifesting itself primarily as discrimination in employment. Members of the lesbian, gay, bisexual, and transgender community were sometimes refused employment on the grounds of sexual orientation or fired after revealing their sexual identity, although gay rights activists reported that such incidents were becoming less common.
According to the Bulgarian Foundation for Aiding HIV/AIDS Patients, several HIV-positive patients were denied appropriate medical treatment. The main reason cited by doctors was the lack of the legislatively-mandated isolation room. Patients reported hiding the fact that they are HIV positive in order to receive medical care.
Gemini, a gay-rights organization, filed three cases with the Committee on Protection Against Discrimination on the basis of sexual orientation discrimination. The committee ruled in Gemini's favor in all three cases.
Societal discrimination against homosexuals and persons with HIV/AIDS were problems. Persons who tested positive for HIV/AIDS were sometimes shunned by their families, and HIV/AIDS positive wives were sometimes evicted from their homes. In addition there were reports that some house owners refused to rent lodgings to persons with HIV/AIDS.
Homosexuals were discriminated against and were at times victims of verbal and physical abuse. Both religious and traditional beliefs were intolerant of homosexuality.
1 Respect for the Integrity of the Person, Including Freedom From:
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
Prison and
Prison and labor camp conditions generally remained harsh and life threatening. The Department of Prisons operated approximately 35 prisons and 70 labor camps (see section 6.c.). Food, clothing, and medical supplies reportedly were in very short supply in prisons. There were reports that authorities in some prisons forced prisoners to pay for their own food. Bedding consisted of a single mat on the floor. Prisoners were forced to rely on their families, who were allowed one or two visits per month, for basic necessities. Prisoners were held without being charged for weeks or months, and until a prisoner was officially charged with a crime, families could not visit or send critical supplementary food. HIV/AIDS infection rates in prisons reportedly were high due to communal use of syringes for injections and sexual abuse by other prisoners.
2 Respect for Civil Liberties, Including:
c. Freedom of Religion
On August 13, authorities detained 11 HIV/AIDS activists at Maggin Monastery near
4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human Rights
In February the government released guidelines for controlling the activities of humanitarian organizations; however, the Burmese language version contained measures that were more restrictive than those in the English language version. UN agencies and NGOs negotiated with the government throughout the year to try to reach agreement on mutually acceptable guidelines. Organizations already present in the country reported few changes in their operations, and a multidonor consortium to address HIV/AIDS, malaria, and tuberculosis negotiated separate arrangements.
5 Discrimination, Societal Abuses, and Trafficking in Persons
Children
Children under the age of 18 constituted approximately 40 percent of the population. Children were at high risk, as deteriorating economic conditions forced destitute parents to take them out of school to work in factories and teashops or to beg. Some were placed in orphanages. With few or no skills, increasing numbers of children worked in the informal economy or in the street, where they were exposed to drugs, petty crime, risk of arrest, sexual abuse and exploitation, and HIV/AIDS.
The government invited UNICEF to visit military recruitment centers, but UNICEF declined because it deemed government organized tours to be of little value. UNICEF offered to help reintegrate discharged underage soldiers into society and to conduct awareness workshops for trainers of military recruiters in international humanitarian law, the Convention on the Rights of the Child, the country's child laws, and HIV/AIDS. The government did not formally respond to UNICEF's offer.
Other Societal Abuses and Discrimination
Many citizens viewed homosexuals with scorn. Penal code provisions against
"sexually abnormal" behavior were applied to charge gays and lesbians
who drew unfavorable attention to themselves. Nevertheless, homosexuals had a
certain degree of protection through societal traditions. Transgender
performers commonly provided entertainment at traditional observances. Some
were spirit (nat) worshippers and, as such, had special standing in the
society. They participated in a well established week long festival held near
HIV positive patients were discriminated against, although HIV activists reported that awareness campaigns helped to reduce discrimination and stigma. However, some persons reportedly were reluctant to visit clinics that treat HIV/AIDS patients for fear of being suspected of having the disease.
In August local authorities pressured and intimidated Sayadaw Einthariya, a monk from Mahasi Yeiktha Monastery in Yenangyaung, Magway Division, to stop assisting HIV/AIDS victims, claiming it was unsuitable conduct for a monk. He was threatened with arrest by the township clergy coordination committee. The pressure appeared to be inspired by political rather than religious considerations, since the monk had cooperated with NLD activists supporting HIV/AIDS programs in the absence of any viable government program for HIV/AIDS patients.
On August 13, authorities detained 11 HIV/AIDS activists at Maggin Monastery near
The constitution specifically outlaws any discrimination against those with HIV/AIDS or other incurable illnesses. There were no reports of government-sponsored discrimination against such individuals, although some observers suggested that the government was not actively involved in preventing societal discrimination.
The constitution bans marriage between individuals of the same sex. According to a local law professor, this same-sex marriage ban, given cultural attitudes, constitutes a legal prohibition of homosexuality. Societal discrimination against homosexuals was widespread, although they maintained a very low profile.
5 Discrimination, Societal Abuses, and Trafficking in Persons
Trafficking in Persons
Trafficking victims, especially those trafficked for sexual exploitation, faced the risk of contracting sexually transmitted diseases, including HIV/AIDS. In some cases victims were detained and physically and mentally abused by traffickers, brothel owners, and clients.
Other Societal Abuses and Discrimination
Societal discrimination against those infected with HIV/AIDS remained a problem in rural areas; however, discrimination was moderated by HIV/AIDS awareness programs. There was no official discrimination against those infected with HIV/AIDS.
1 Respect for the Integrity of the Person, Including Freedom From:
d. Arbitrary Arrest or Detention
Role of the Police and Security Apparatus
Citizens viewed police as ineffective, which frequently resulted in mob "justice" (see section 1.a.). It was widely believed that individuals paid bribes to law enforcement and the judiciary to secure their freedom. Police officers and members of the gendarmerie were widely viewed as corrupt officials who frequently and arbitrarily arrested and detained citizens. Police demanded bribes at checkpoints, and influential citizens reportedly paid police to make arrests or abuse individuals involved in personal disputes. Private disputes, such as feuds between business partners, frequently resulted in one party making allegations of impropriety or homosexuality about the other and involving the security forces.
Arrest and Detention
On April 17, gendarmes from the Yaounde-Kondengui
brigade arrested and briefly detained Alice Nkom, a
prominent Douala-based lawyer. She was visiting her
clients, alleged homosexuals who had been awaiting trial for several months, in
the
2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
During the year approximately 200 privately owned newspapers were published; however, only an estimated 25 were published on a regular basis, primarily for lack of funding. Mutations, La Nouvelle Expression, and Le Messager were the only privately owned daily newspapers. Newspapers were distributed primarily in urban areas, and most continued to criticize the government and report on controversial issues, including corruption, human rights abuses, homosexuality, and economic policies. However, the government used criminal libel laws to inhibit the press by criminalizing the propagation of false information.
On March 3, a
5 Discrimination, Societal Abuses, and Trafficking in Persons
The law does not explicitly forbid discrimination based on race, language, or social status, but does prohibit discrimination based on gender and mandates that "everyone has equal rights and obligations." The government, however, did not enforce these provisions effectively. Violence and discrimination against women, trafficking in persons, discrimination against ethnic minorities, and discrimination against homosexuals were problems.
Women
There were no developments in the 2005 case of a foreign pharmaceutical company that had conducted a clinical study of a drug intended to prevent the spread of HIV/AIDS among 400 female prostitutes, none of whom had HIV at the beginning of the trial. Local and international NGOs criticized the company and the Ministry of Health for lack of transparency and negligence, asserting that the government and the company did not sufficiently inform the prostitutes of the risks involved with taking part in the trials. In response to the allegations of misconduct, the Ministry of Health suspended the clinical tests in 2005, citing "dysfunctions" and saying that "certain corrective measures" needed to be taken by the research team. The minister also set up an independent inquiry, which reported that although allegations about safety made by certain NGOs were not true, new procedures needed to be instituted to ensure more regular reporting and study site accreditation before the trials could resume.
Trafficking in Persons
In May 2005 police arrested three members of a homosexual and pedophile
network of child traffickers. The three were formally charged and put under
detention in the
Other Societal Abuses and Discrimination
Homosexual activity is illegal, with a possible prison sentence of six months to five years and a possible fine ranging from approximately $40 to $400 (20,000 to 200,000 CFA francs). While prosecution under this law was rare, homosexuals suffered from harassment and extortion by law enforcement officials. In addition, false allegations of homosexuality were used to harass enemies or to extort money.
There were new developments in the May 2005 arrest of 17 suspected homosexuals; five of whom were released shortly after their arrest for lack of evidence. On June 12, the Yaounde First Instance Court found the remaining men guilty of sodomy and sentenced them to 10 months in jail, although they were subsequently released for time served.
In June the administration of the Douala-based Eyengue Nkongo College, a private high school, expelled 34 students (including 12 females), alleging they were homosexuals. One female student was arrested upon her expulsion. One woman who lived near the school and two former schoolmates were also arrested. On July 7, the Douala First Instance Court released them after giving them a suspended three-year prison term and a fine of $50 (25,000 CFA francs) on homosexuality charges.
5 Discrimination, Societal Abuses, and Trafficking in Persons
A July 2005 law extended equal access to civil marriage to same-sex couples.
Women
The 2004 General Social Survey estimated that 7 percent of citizens 15 years of age or over in a current, previous, or common-law union experienced spousal violence in the previous five years. Approximately 4 percent of men and women in current marital or common-law relationships experienced physical or sexual violence committed by their partner. Indigenous (aboriginal) people were three times more likely to be victims of spousal violence than nonindigenous people. The rate of spousal violence among those who were gay or lesbian was twice that of the reported violence experienced by heterosexuals. Women were more likely than men to report that they were injured as a result of the violence (44 percent compared with 18 percent).
5 Discrimination, Societal Abuses, and Trafficking in Persons
Children
Corruption in the education system continued to be a problem. According to numerous credible reports, male teachers in primary and secondary schools and at the university level routinely pressured their female students into having sexual relationships in exchange for passing grades; the spread of HIV/AIDS was extremely prevalent between teachers and their female students.
There were more than 6,000 street children between the ages of five and 18
residing in the country, including 3,000 in
Other Societal Abuses and Discrimination
The penal code criminalizes homosexual behavior; however, there were no reports that police arrested or detained persons they believed to be homosexual. Societal discrimination against homosexuals existed during the year.
Societal discrimination continued to be practiced against homosexuals and those afflicted with HIV/AIDS.
1 Respect for the Integrity of the Person, Including Freedom From:
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
Prison and
The government permitted prison visits by independent human rights observers, and such visits took place. These included regular visits by Catholic and Protestant clerics and the NGO Paternitas. Amnesty International and the International Committee of the Red Cross were also granted access to facilities and prisoners. Prisoner rights groups continued to investigate alleged use of excessive force against detainees and particularly were concerned with the treatment of prisoners in maximum security prisons. Prisoners with HIV/AIDS and mental disabilities allegedly failed to receive adequate medical attention.
2 Respect for Civil Liberties, including:
c. Freedom of Religion
Societal Abuses and Discrimination
Neo-Nazi and skinhead groups engaged in gang-type criminal activities and violence against immigrants, homosexuals, punk rockers, and anarchists.
1 Respect for the Integrity of the Person, Including Freedom From:
f. Arbitrary Interference with Privacy, Family, Home, or Correspondence
Homosexual rights advocacy groups claim that government law enforcement agencies monitored Internet chat room and bulletin-board exchanges between adults (see section 2.a.).
2 Respect for Civil Liberties, Including
a. Freedom of Speech and Press
On October 26, the Constitutional Court (CC) held that freedom of
publication is not an absolute right, stipulating that certain sexually
explicit materials are protected only as long as they are properly packaged and
labeled. Based on the CC interpretation, the owner of a gay bookstore appealed
his 2005 conviction for violating the criminal code, which bans the sale,
circulation, and public display of obscene publications. The owner argued the
magazines were legally imported from
Internet Freedom
Homosexual rights advocacy groups claim that government law enforcement agencies monitored Internet chat room and bulletin-board exchanges between adults. Several NGOs reported that law enforcement officials prosecuted and punished adults for posting sexually suggestive messages. According to one NGO, police used Internet network addresses to identify individual perpetrators, who were then charged. Critics noted the law has no age limitation and asserted that police enforcement against adults violated free speech rights.
Other Societal Abuses and Discrimination
According to gay rights activists, anti-homosexual violence was rare, but societal discrimination against homosexuals and persons with HIV and AIDS was a problem. It was reported that some politicians and religious groups made derogatory remarks about the homosexual community. Free speech advocates alleged the government prejudicially applied obscenity laws to punish a seller of legally imported gay pornography (see section 2.a.).
There were no laws prohibiting homosexual activities. While the authorities were committed to protecting homosexual rights, discrimination against some groups continued.
The 2004 Gender Equality Education Law stipulated that except for traditionally male- or female-only schools, educational institutions cannot discriminate against prospective employees or students based on gender or sexual preference. All schools were obligated to establish curricula to foster greater tolerance of non-traditional gender roles. Homosexual rights activists welcomed the law but criticized government enforcement as inadequate.
On September 17, some 5,000 persons took part in the fourth annual gay rights rally; calling for society to respect the civil rights of the country's estimated one million homosexuals.
The national health insurance system provides free screening and treatment, including antiretroviral therapy, for the estimated 12,000 HIV-infected nationals.
1 Respect for the Integrity of the Person, Including Freedom From:
d. Arbitrary Arrest or Detention
Arrest and Detention
Citizens who were reportedly detained with no or severely delayed notice included HIV/AIDS activist Hu Jia, blind legal activist Chen Guangcheng, attorney Zhu Jiuhu, petitioner advocate Hou Wenzhuo, and writer Guo Feixiong (also known as Yang Maodong). On February 16, Hu Jia was detained and held incommunicado for 41 days, until March 28 (see sections 1.d. and 4). During Hu's detention, police questioned him about his contacts with rights lawyer Gao Zhisheng. On August 15, Gao was likewise detained and thereafter held incommunicado by government authorities.
2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The government prohibited some foreign and domestic films from appearing in
the country. In September the State Administration for Radio, Film and
Television (SARFT) imposed a five-year filmmaking ban on director Lou Ye. SARFT
banned Lou from showing his film
b. Freedom of Peaceful Assembly and Association
Freedom of Association
Authorities supported the growth of some civil society organizations that
address social problems such as poverty and HIV/AIDS. Over the past two years,
officials increased measures aimed at supervising and controlling civil society
organizations; however, various NGOs were still able to develop their own
agendas, although the registered organizations all came under some degree of
government control. Prominent activist Hu Jia resigned from an organization he helped establish to
assist HIV/AIDS orphans, citing pressure on the organization's international
donors. On November 24, HIV/AIDS activist Wan Yanhai
was detained for three days in
5 Discrimination, Societal Abuses, and Trafficking in Persons
Other Societal Abuses and Discrimination
No laws criminalize private homosexual activity between consenting adults. Societal discrimination and strong pressure to conform to family expectations deterred most gay individuals from publicly discussing their sexual orientation. Published reports stated that more than 80 percent of gay men married because of social pressure. In what officials said was a campaign against pornography, authorities blocked the overseas Web site gaychinese.net for three months. Other Internet sites on gay issues that were not sexually explicit were also blocked during the year.
Under the new contagious disease law and adopted regulations, employment
discrimination against persons with HIV/AIDS and hepatitis B is forbidden, and
provisions allow such persons to work as civil servants. However,
discrimination against the estimated 650,000 persons with HIV/AIDS and
approximately 10 million hepatitis B carriers remained widespread in many
areas. Hospitals and physicians sometimes refused to treat HIV-positive
patients. During the year a number of hepatitis B carriers sued local
government institutions to enforce their rights to work and study. While they
won judgments in some cases, widespread discrimination remains. In October the
Ministry of Health criticized local officials in
Some NGOs working with HIV/AIDS patients and their family members continued
to report difficulties with local government, particularly in
Women and Children
Prostitution was a growing problem in Tibetan areas, and hundreds of
brothels operated semi-openly in
Trafficking in Persons
Nearly all foreign prostitutes came to
1 Respect for the Integrity of the Person, Including Freedom From:
g. Use of Excessive Force and Other Abuses in Internal Conflicts
Abuses by Armed Groups outside Government Control
Girls associated with armed groups were often assaulted, raped, and infected with HIV/AIDS.
5 Discrimination, Societal Abuses, and Trafficking in Persons
Women
Domestic violence against women, including rape and beatings, was widespread but rarely reported. There were no specific provisions under the law outlawing spousal battery, other than general statutes prohibiting assault. Domestic violence usually was handled within the extended family, and only the more extreme incidents were reported to the police. This was primarily due to the social stigma for the victim, and because such matters traditionally were dealt with in the family or village. According to a local NGO, the Congolese Association to Combat Violence Against Women and Girls, there were no official statistics on domestic violence against women; however, during 2005 more than 500 women and children who were victims of sexual violence sought its medical assistance. The NGO reported it provided hundreds of HIV tests. The NGO also organized public awareness workshops and offered training for community chiefs, police officers, health workers, magistrates, journalists, and others from the public and private sectors. NGOs, such as the local Human Rights Center, the Congolese Association to Combat Violence Against Women and Girls, the International Rescue Committee, and Doctors Without Borders continued to draw attention to the issue and provided counseling and assistance to victims.
Children
The government was committed to protecting the rights and welfare of children. Education was compulsory, tuition-free, and universal until the age of 16, but families were required to pay for books, uniforms, and school fees. In the cities, approximately 95 percent of school-age children attended school, and in rural areas an estimated 90 percent attended. Girls and boys attended primary school in equal numbers; however, the proportion of girls who continued on to the high school and university levels was significantly lower. Girls generally quit school by age 15 or 16. In addition teenage girls often were pressured to exchange sex for better grades, which resulted in both the spread of HIV/AIDS and unwanted and unplanned pregnancies.
Other Societal Abuses and Discrimination
The social stigma associated with homosexuality was significant. There was no open homosexuality in the country.
In contrast, persons with HIV/AIDS were fairly well-organized and sought fair treatment, especially regarding employment. NGOs worked widely on HIV/AIDS issues, including raising public awareness that those living with HIV/AIDS were still able to contribute to society. The law provides avenues for wronged persons to file lawsuits if they were, for example, terminated from employment due to their HIV/AIDS status.
1 Respect for the Integrity of the Person, Including Freedom From:
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
Prison and
5 Discrimination, Societal Abuses, and Trafficking in Persons
Other Societal Abuses and Discrimination
Although there are no laws prohibiting discrimination against persons based on sexual orientation, discrimination based on HIV/AIDS in health care, employment, and education was prohibited by law and by presidential decree. The ombudsman's office received no reports of complaints of such discrimination during the year.
The law did not provide for the protection of homosexuals or persons living with HIV/AIDS from societal and other forms of discrimination. Societal stigmatization of these groups was widespread, and the government did not act to counter it during the year.
There was some societal discrimination against homosexuals.
In July the media reported that a dozen persons attacked two homosexual
British tourists in a bar. The tourists sustained a concussion, ear injury, and
loss of teeth. The attackers accused them of making inappropriate comments and
behavior. The same month Croatian Party of Rights MP Tonci
Tadic compared homosexual tourists with concentration
camp guards and cannibals, and suggested they would not be welcome in the
country. The government ombudswoman for gender equality and human rights groups
criticized the statement. In September at least three unidentified persons
attacked two German homosexual tourists in
Legal experts from Iskorak and Kontra,
two NGOs that represent sexual minorities, drafted the definition of hate crime
that was introduced in the Penal Code in June and participated in a seminar for
nine police officers at the
In August 2005 one NGO reported that authorities initiated 11 criminal proceedings for physical assaults against homosexuals during that year. In one, a group of teenagers attacked a homosexual couple by shouting offensive remarks and then severely beat the couple. The victims, who immediately reported the incident, complained that the police were slow to react.
Societal discrimination against persons with HIV/AIDS remained a problem. The Croatian Association for HIV reported that dentists and general practitioners often refused treatment of HIV positive patients and some hospitals postponed surgeries because doctors were reluctant to operate. If an HIV patient did not go through the infectious disease hospital, they often had to wait for treatment, and surgery could be delayed indefinitely. Transplant centers have also refused to put HIV patients on their list of potential organ recipients.
In March a daily paper reported the death of an individual, printing his name and photograph and stating that the cause of death was AIDS. The newspaper published the article without official confirmation of the cause of death. The same paper republished the details again in September, in an article about a company director that allegedly intentionally infected employees with HIV. According to the Croatian Association for HIV, the paper did not officially confirm the facts surrounding the article, which accused the newspaper of running a campaign against persons with HIV.
A daily newspaper published a report with photographs concerning two juveniles, who were the focus of media attention in prior years due to their HIV status. The country does not have separate regulations on the protection of data confidentiality for children with HIV.
According to the UN theme group on HIV/AIDS, analysis of laws regarding HIV indicated that they contain discriminatory provisions. The group cited legal provisions that require: testing under medical supervision for certain professions and in certain cases involving prisoners and restrictions on HIV-positive persons with regard to performing certain jobs. Otherwise, according to the analysis, most cases of discrimination occur outside the scope of legislation or due to a lack of sufficient enforcement of privacy laws, lack of consistent adequate medical care and discrimination in school or the workplace.
The UNDP reported that one weekly in May published the initials and other personal
information in detail sufficient to identify a café owner in
1 Respect for the Integrity of the Person, Including Freedom From:
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
Prison and
Sexual assault occurred at prisons, but the government did not disclose such
incidents. At Manto Negro prison in
5 Discrimination, Societal Abuses, and Trafficking in Persons
Children
Child prostitution was a problem, with young girls engaging in prostitution to help support themselves and their families (see section 5, Trafficking). While underage prostitution was widely apparent, there were no reliable statistics available regarding its extent. Children may marry with the consent of their parents at age 14, but the law provides for two to five years' imprisonment for anyone who "induces minors under 16 years of age to practice homosexuality or prostitution." Minors played a key role in the country's thriving sex trade, which was fueled by visits by thousands of foreign tourists. There was anecdotal evidence that state run hotel workers, travel company employees, taxi drivers, bar and restaurant workers, and law enforcement personnel were complicit in the commercial sexual exploitation of children.
Other Societal Abuses and Discrimination
Societal discrimination against homosexuals persisted, as police
occasionally conducted sweeps in areas where homosexuals congregated,
particularly along sections of
The government continued to restrict some persons found to be HIV-positive to sanatoriums for treatment and therapy before conditionally releasing them into the community. Even after their release, some persons with HIV/AIDS said the government monitored their movements with a chaperone to prevent the spread of the illness. In November the Cuban Commission for Human Rights of People with HIV/AIDS (CCDHPHS) said state medical professionals frequently failed to respect confidentiality, with the result that sufferers' condition was known widely throughout their neighborhoods. At hospitals, rooms holding HIV-positive patients were clearly marked as such, as were the patients' smocks. Some persons with HIV/AIDS suffered job discrimination, or were rejected by their families. The CCDHPHS stated that doctors often offered shoddy treatment or none at all to patients with HIV/AIDS and that the government offered "cocktail" medications only to sufferers whose condition was advanced. The group also complained that at many hospitals, HIV/AIDS sufferers were turned away in favor of foreign medical tourists.
The government operated four prisons exclusively for HIV/AIDS sufferers; some inmates were serving sentences for "propagating an epidemic." Activists said the prisons, while well-intentioned, failed to deliver on necessary services and became dysfunctional institutions.
Despite legal protections, homosexuals faced significant societal discrimination, and few homosexuals in the country were open about their sexual orientation. One NGO reported that there were complaints of discrimination toward homosexuals and persons with HIV/AIDS. NGOs were reluctant to initiate awareness campaigns.
THE AREA ADMINISTERED BY TURKISH CYPRIOTS
The law criminalizes homosexuality in the area administered by Turkish Cypriots, but a draft gay rights bill was being discussed in "parliament" at year's end. The new legislation would forbid discrimination against homosexuals and end the criminalization of homosexual behavior. Homosexuality remained highly proscribed socially and rarely discussed.
There were no reports of discrimination against persons with HIV/AIDS.
During the year parliament failed to pass a new antidiscrimination act that would bring laws in line with the EU Racial Equality Directive. The House of Deputies failed to overcome a veto of the legislation by the Senate. In March parliament passed registered domestic partnership legislation, and the legislation went into effect in July. During the year 235 homosexual couples registered their partnerships with the government.
There are no laws that prohibit discrimination against a person on the basis of sexual orientation in employment, housing, education, or health care. Although no statistics were available, anecdotal evidence suggested that societal discrimination against homosexuals occurred.
The government and the Dominica Planned Parenthood Association (DPPA) initiated programs designed to discourage discrimination against HIV/AIDS-infected persons and others living with them. The Ministry of Health programmed various television spots and radio discussions on "Know Your Status," a theme promoting free HIV testing and counseling. On World AIDS Day, the DPPA sponsored a march to raise awareness of free testing and counseling.
2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
In late November the news corporation Color Vision fired popular journalist Adolfo Salomon from his job in response to complaints by high-level officials in the Catholic Church and the armed forces. Salomon had angered the church during a November 28 news conference at which Cardinal Nicolas de Jesus Lopez Rodriguez criticized homosexuality. After the cardinal's remarks, Salomon asked him about his feelings on homosexuality within the church. Lopez Rodriguez responded aggressively, questioning Salomon's ethics and professionalism. Secretary of the Armed Forces Ramon Aquino, reportedly with the help of the cardinal, then personally contacted Color Vision to demand that Salomon be reprimanded. His employer complied by firing him the next day.
Other Societal Abuses and Discrimination
Persons with HIV/AIDS, particularly women, faced discrimination in the workplace and elsewhere. An estimated 80,000 to 222,000 persons in the country were infected with the disease. According to Human Rights Watch and Amnesty International, workers in many industries faced obligatory HIV testing in the workplace or when seeking medical care or medical insurance. Workers or patients found to have the disease could be fired from their jobs or denied adequate health care. Although the law prohibits the use of HIV testing to screen employees or for medical services unrelated to the disease, there were no known instances where this law was enforced, despite reports that official complaints had been filed.
According to Amnesty International, HIV/AIDS activist Adonis Polanco received a number of anonymous death threats throughout the year.
Although the law prohibits discrimination based on sexual orientation, homosexuals, transsexuals, and transvestites continued to suffer discrimination from both public and private bodies.
According to a credible NGO, homosexuals, transsexuals, and transvestites were subjected to cruel, inhumane, and degrading treatment by the police. They accused the police of specifically targeting them and inflicting physical and psychological abuse, threats, extortion, and robbery. Police routinely arrested homosexuals and transvestites in public areas (see section 1.c.).
1 Respect for the Integrity of the Person, Including Freedom From:
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
On December 26,
e. Denial of Fair Public Trial
Trial Procedures
The government has asserted that referral to emergency courts usually has been limited to terrorism or national security cases, as well as major cases of drug trafficking; however, the government also has occasionally used emergency courts to prosecute homosexuals, heterodox religious groups, and political dissidents. Government authorities ignored judicial orders in some cases. The government has used the Emergency Law to try cases outside the scope of combating terrorism and grave threats to national security.
f. Arbitrary Interference with Privacy, Family, Home, or Correspondence
A telecommunications law allows telephone wiretaps and Internet monitoring only by court order. However, some human rights observers alleged that the government routinely violated this law. Although the law does not explicitly criminalize homosexual acts, police have in the past targeted homosexuals using Internet-based "sting" operations leading to arrests on charges of "debauchery." There were no reports of such Internet entrapment cases during the year (see sections 1.c, 1.e., and 2.a.).
1 Respect for the Integrity of the Person, Including Freedom From:
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
Prison and
In March the Directorate of Prisons, the Ministry of Health, and the HIV/AIDS nongovernmental organization (NGO) FUNDASIDA began implementing a voluntary HIV testing program for inmates in the nation's penitentiaries. Between March and August approximately 7,069 inmates underwent voluntary HIV testing. During November and December prison employees received medical training for dealing with HIV-positive inmates, and prison staff trained 51 prisoners to conduct HIV/AIDS awareness-raising campaigns among inmates.
2 Respect for Civil Liberties, Including:
b. Freedom of Peaceful Assembly and Association
Freedom of Association
Although the constitution provides for freedom of association, there were concerns regarding registration delays of certain types of civil society groups. NGOs asserted that the Governance Ministry delayed approval of legal status for NGOs with particular human rights or political agendas. There were no developments regarding the Governance Ministry's 2005 denial of legal status to En Nombre de la Rosa, a homosexual and transvestite advocacy NGO (see section 5).
5 Discrimination, Societal Abuses, and Trafficking in Persons
Other Societal Abuses and Discrimination
The law prohibits discrimination on the basis of HIV status and sexual orientation, although in practice discrimination was widespread. There were reports of violence and discrimination by public and private actors against persons with HIV/AIDS, and against homosexual, lesbian, and transgender persons, including denial of legal registration for a homosexual rights advocacy group (see section 2.b.). As in the previous year, in September the Ministry of Labor along with the Ministry of Health launched another campaign to eliminate workplace discrimination based on pregnancy or HIV status as part of a comprehensive effort to combat an increase in HIV cases.
A 2005 PAHO report, the most recent available, revealed that HIV/AIDS patients suffered from a lack of information and supplies. Lack of public information remained a problem in confronting discrimination against persons with HIV/AIDS or in assisting persons suffering from HIV/AIDS. According to a National Health Survey presented in September, only half of the population between the ages of 15 and 24 were sufficiently aware of methods for preventing HIV infection.
There were no new developments regarding any investigation of two bodyguards of the prisons director who in September 2005 were accused of sexually abusing a transvestite minor whom they picked up on the streets in a government vehicle. The defendants remained on bail pending trial.
There were no developments, and none were expected, regarding any investigation into the 2004 separate killings of transvestite Jose Flores Natividad Duran and transvestite David Antonio Andrade Castellano.
5 Discrimination, Societal Abuses, and Trafficking in Persons
The constitution and law prohibit discrimination based on race, gender, religion, disability, language, or social status; however, the government did not enforce these provisions effectively. Violence and discrimination against women, trafficking in persons, discrimination against ethnic minorities, and discrimination against HIV/AIDS victims were problems.
During the year the government staged public campaigns to combat child labor and discrimination and violence against women and persons with HIV/AIDS. Discrimination was based more on ethnicity and party affiliation than other factors.
Children
Children were often pawns in demonstrations of support for the president and
his policies. On December 1, some students rioted in
Other Societal Abuses and Discrimination
Societal discrimination against homosexuals was strong, and the government made no effort to combat it.
Persons with HIV/AIDS continued to be victims of societal discrimination and often kept their illnesses hidden. Radio campaigns and public statements advocating nondiscrimination toward persons with HIV/AIDS were frequent. The government promulgated a decree that provides for free HIV/AIDS testing and treatment.
Homosexuality is illegal, and homosexuals faced severe societal discrimination.
b. Freedom of Peaceful Assembly and Association
Freedom of Assembly
The government failed to protect participants of a gay rights parade in August (see section 5).
5 Discrimination, Societal Abuses, and Trafficking in Persons
National/Racial/Ethnic Minorities
Instances of overt hostility based on race occurred, although they were infrequent. There is no specific law prohibiting hate crimes, but there is a law prohibiting incitement to hatred, violence, or discrimination on the basis of nationality, race, skin color, sex, language, origin, sexual orientation, religion, political opinion, or financial or social status.
During the year incitement to social hatred or violence on the basis of
sexual orientation was criminalized. In August several persons attacked
participants in a gay parade in
5 Discrimination, Societal Abuses, and Trafficking in Persons
Children
According to international NGOs, child prostitution was a growing problem, particularly in urban areas. According to an NGO report, 60 percent of persons exploited in prostitution were between the ages of 16 and 25. Underage girls worked as hotel workers, barmaids, and prostitutes in resort towns and rural truck stops. Pervasive poverty, migration to urban centers, early marriage, HIV/AIDS and other sexually transmitted diseases, and limited educational and job opportunities aggravated the sexual exploitation of children. A few NGOs aided child victims, including the Forum on Street Children Ethiopia, which provided children forced into prostitution or sexual exploitation with shelter, protection, and return to their families.
NGOs reported that houses of prostitution recruited impoverished girls as young as age 11 and kept them uninformed of the risks of HIV/AIDS infection and other sexually transmitted diseases. A 2003 Family Health International Report indicated that customers particularly sought younger girls because customers believed they were free of sexually transmitted diseases.
Other Societal Abuses and Discrimination
Homosexuality is illegal and punishable by imprisonment. Instances of homosexual activity determined to be cruel, involving coercion, or involving a minor (age 13 to 16) are punishable by not less than three months or more than five years in prison. Where children under 13 years of age are involved, the law provides for imprisonment of five to 25 years. While society did not widely accept homosexuality, there were no reports of violence against homosexuals.
Societal discrimination against persons with HIV/AIDS continued during the year.
6 Worker Rights
b. The Right to Organize and Bargain Collectively
In June the government further amended the labor law to provide severance pay for workers on additional grounds that were not previously provided for, such as discrimination against persons with HIV/AIDS and payment of severance to those without pension plan.
The constitution prohibits discrimination on the basis of sexual orientation, but preexisting statutes criminalize homosexual acts. At year's end the director of public prosecutions was awaiting a hearing on his appeal of the August 2005 court decision that overturned a magistrate's court's April 2005 conviction of a local citizen and an Australian tourist for engaging in consensual homosexual acts. The magistrate's court had sentenced the men to two years in prison. Homosexuality continued to be a hotly debated issue, and during the year church groups again urged the government to amend the constitution to eliminate its provision prohibiting discrimination based on sexual orientation.
The law prohibits discrimination on the basis of sexual orientation in employment or service, public or private. Although there were isolated incidents of violence against homosexuals, authorities pursued and punished offenders.
There was evidence of societal discrimination against persons infected with the HIV/AIDS virus. Stigma and discrimination hindered disclosure and led to rejection from partners and relatives. In some cases persons infected with HIV/AIDS were prevented from meeting visitors. The government took a multi-sectoral approach to fighting HIV/AIDS and updated the National Strategic Plan, which provides for care, treatment, and support to persons living with, or affected by, HIV/AIDS, and the protection of the rights of those at risk of infection. The National AIDS Secretariat (NAS), whose goal is to promote public awareness of HIV/AIDS, sponsored a television sensitization campaign during the year to educate people about HIV/AIDS and prevent discrimination. Also, from October 2-6, NAS and the local UN Development Program jointly held the second annual partnership conference on HIV/AIDS, which focused on the education sector response to HIV/AIDS.
There were no discriminatory laws based on sexual orientation; however, there was societal discrimination based on sexual orientation, which remained a social taboo.
5 Discrimination, Societal Abuse, and Trafficking in Persons
Women
Rape is illegal. Criminal cases on rape generally can only be initiated following a complaint by the victim. Spousal rape is not specifically addressed by criminal law. A first time offender may be imprisoned for up to seven years; a repeat offender or perpetrator against multiple victims may receive up to 10 years; factors such as if the victim was pregnant, contracted HIV/AIDS, or was subjected to extreme violence, demand up to 15 years; and if the victim was a minor, up to 20 years. During the year the ministry of internal affairs reported 167 cases of rape and attempted rape and initiated criminal prosecutions in 106 of these cases. Observers believed many instances of rape went unreported due to the social stigma for victims. Police did not always investigate reports of rape.
Other Societal Abuses and Discrimination
The law expressly prohibits discrimination on the basis of HIV/AIDS status; however, there is no penalty for violating this prohibition. NGOs reported that societal stigma resulted in individuals avoiding testing or obtaining health care for fear of discrimination. Some health care providers, particularly dentists, often refused to provide services to HIV-positive persons. Individuals often concealed their HIV-positive status from employers for fear of losing their jobs. The ministry of internal affairs conducted mandatory HIV testing on all job applicants.
2 Respect for Civil Liberties, Including:
c. Freedom of Religion
Societal Abuses and Discrimination
Beginning in January authorities in Baden‑Wuerttemberg
required residents seeking naturalization to complete a questionnaire
concerning their political and moral beliefs and their adherence to the
constitution. The questionnaire led to protests from the political opposition
and from independents such as Paul Spiegel, then‑chairman of the Central
Council of Jews in
Other Societal Abuses and Discrimination
Despite increasing public awareness, media and reports from other sources indicated that societal and job‑related discrimination against homosexuals occurred. However, openly homosexual persons occupied prominent positions in many areas of society, including politics, business, and the arts.
There was discrimination against persons with HIV/AIDS, primarily due to lack of understanding of the disease. The government worked with NGOs, religious groups, and business to educate the public about HIV/AIDS and its prevention.
2 Respect for Civil Liberties, Including:
b. Freedom of Peaceful Assembly and Association
Freedom of Assembly
In July the government denied an application from the Gays and Lesbians
Association of Ghana to host a proposed international conference in
Other Societal Abuses and Discrimination
The law criminalizes homosexuality, and lesbians and gays face widespread discrimination, as well as police harassment and extortion attempts. There is a minimum misdemeanor charge for homosexual activity, and homosexual men in prison often were subjected to sexual and other physical abuse.
There was widespread public outcry during the year against an international
lesbian and gay conference scheduled to take place in
Discrimination against persons with HIV/AIDS was a problem, and the fear of being stigmatized continued to discourage persons from being tested. In April 2004 the inspector general of police publicly urged all officers to be tested voluntarily through a free service available to the police. During the year several key government representatives, including the Presidential Advisor for HIV/AIDS, publicly denounced discrimination against persons with HIV/AIDS. In 2004 the cabinet approved a policy to protect the rights of persons living with HIV/AIDS. In August a judge ordered sex workers standing trial on charges of prostitution to get tested for HIV and publicly disclose their HIV status. The Office of the President sent a letter of protest to the chief justice on this incident but had not received a reply by year's end.
The government subsidized many centers that provided free HIV testing to citizens, although there were reports that confidentiality was not consistently respected and preserved.
The NGO Greek Homosexual Community (EOK) alleged that police often abused and harassed homosexuals and transvestites and subjected them to arbitrary identity checks and bodily searches in public places.
The government took no action regarding a Gay and Lesbian Community of Greece and EOK complaint that the government made a discriminatory decision when it fined a radio station in 2004 for using insulting language on a radio show presented by a lesbian.
5 Discrimination, Societal Abuses, and Trafficking in Persons
Women
The law prohibits sexual harassment, but there are no criminal penalties for it. It is the responsibility of the complainant to bring a civil suit against an alleged harasser. A number of local organizations spoke out against sexual discrimination on radio and television programs to raise awareness amid the female population of their rights. The programs also addressed issues of women's health, particularly the risks of HIV/AIDS.
1 Respect for the Integrity of the Person, Including Freedom From:
d. Arbitrary Arrest or Detention
Role of the Police and Security Apparatus
Police threatened persons engaged in prostitution and other commercial sexual activities with false drug charges to extort money or sexual favors and harassed homosexuals or transvestites with similar threats of false charges (see section 5).
5 Discrimination, Societal Abuses, and Trafficking in Persons
Other Societal Abuses and Discrimination
The law does not criminalize homosexuality, but it also does not expressly include sexual orientation or HIV status among the categories prohibited from discrimination. There was social discrimination against gay, lesbian, and transgender persons and persons with HIV/AIDS. Homosexual rights support groups alleged that members of the police regularly waited outside clubs and bars frequented by sexual minorities and demanded that patrons and persons engaged in commercial sexual activities provide protection money. These groups also complained that police at times raped lesbians and transvestites, but that due to a lack of trust in the judicial system and out of fear of further persecution or social recrimination, victims were unwilling to file complaints.
On June 17, five transvestites were shot in
1 Respect for the Integrity of the Person, Including Freedom From:
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
Prison and
At year's end, there were three boys below the age of 14 who were held in
the
5 Discrimination, Societal Abuses, and Trafficking in Persons
Women
Infibulation, the most dangerous form of FGM, was still performed in the Forest Region but less frequently than in previous years. Despite diseases resulting from crude and unsanitary surgical instruments and deaths resulting from the practice, the tradition continued, seriously affecting many women's lives. FGM also increased the risk of HIV infection, since unsterilized instruments were shared among participants.
Persons with Disabilities
In 2005 the government, in cooperation with an international donor, launched a national civic education program that included persons with disabilities as well as persons with HIV/AIDS. One of the programs for persons with disabilities was staged at the School for the Deaf of Conakry. The program, in American Sign Language, explained concepts of citizenship, nationality, and equal participation.
Other Societal Abuses and Discrimination
Discrimination against homosexuals is not prohibited by law, but there are no discriminatory laws based on sexual orientation. Although there were deep social, religious, and cultural taboos against homosexuality, there were no official reports of discrimination against homosexuals.
There have been reports that various hospitals in the country have refused to treat patients with AIDS; hospital workers feared contracting the disease.
5 Discrimination, Societal Abuses, and Trafficking in Persons
Women
Prostitution is illegal but widespread. It received greater public attention due to the high incidence of HIV/AIDS among prostitutes and increased prevalence of trafficking in persons (see section 5, Trafficking).
Trafficking in Persons
The Combating of Trafficking in Persons Act prohibits all forms of trafficking in persons, but there were reports that persons were trafficked to, from, or within the country. Penalties include three years' to life imprisonment, forfeiture of property, and full restitution to the victims.
The country was a source and destination for trafficked women, children, and
men; however, most trafficking in persons occurred internally and involved
young women and girls trafficked for purposes of commercial sexual exploitation
and involuntary domestic servitude. Trafficking reportedly took place in the
interior, where there was little government oversight and law enforcement was
lacking. Young Amerindian men were exploited under forced labor conditions in
timber camps. Most trafficking originated in impoverished indigenous
communities, although some victims came from the larger coastal cities. In some
instances victims were forcibly abducted. Some women trafficked into the
country came from the northern regions of neighboring
5 Discrimination, Societal Abuses, and Trafficking in Persons
Children
According to the most recent UNICEF statistics from 2004, approximately 23 percent of all children under the age of five were chronically malnourished. According to the UN's independent expert, there were approximately 200,000 HIV-related orphans and vulnerable children affected by HIV (children who have HIV, who have become orphaned because of HIV, or who live with parents who have HIV).
Other Societal Abuses and Discrimination
Societal discrimination occurred against persons with HIV/AIDS, particularly women, but educational programs sponsored by foreign donors and efforts by HIV/AIDS activists attempted to change that stigma.
2 Respect for Civil Liberties, Including:
b. Freedom of Peaceful Assembly and Association
Freedom of Association
The constitution and the law generally provide for freedom of association, and the government generally respected this right in practice; however, the criminal associations law prohibits illicit association and prescribes prison terms of three to 12 years (see section 5). Human rights organizations criticized the law and its implementation as an undue restriction on the right to associate freely, while gay rights advocacy groups expressed concerns that the law could be used to criminalize social activities and organizations of the gay community. During the year the law prohibiting illicit associations was used to arrest individuals for being members of Mara Salvatrucha and other gangs. A reform to criminal code 332 outlawing illicit association was used to persecute farmers and indigenous people.
5 Discrimination, Societal Abuses, and Trafficking in Persons
Trafficking in Persons
Although a new law criminalizes trafficking in persons, there were reports that persons were trafficked from and within the country.
The new law, which came into force on February 4, sets increased penalties and defines new offenses related to trafficking. Penalties involve longer imprisonment in six areas: incest, lechery, abuse, prostitution, pornography, and knowingly infecting someone with HIV/AIDS. Punishments include fines ranging from $5,000 to $25,000 (100,000 to 500,000 Lempiras) and imprisonment for four to 20 years. The application of the new law has been limited, reflecting an inadequate understanding of the complexity of human trafficking and commercial sexual exploitation on the part of judicial officials.
Other Societal Abuses and Discrimination
During the Maduro administration, legal recognition and registration was granted to lesbian-gay-bisexual-transgender rights group. There were no discriminatory laws based on sexual orientation, but in practice social discrimination against persons based on sexual orientation was widespread. Representatives of the sexual diversity rights NGOs Violet Collective, the San Pedro Gay Community, Kukulcan, and the Transvestite Sex Workers Collective of San Pedro Sula asserted that their members regularly experienced abuses, beatings, killings (see section 1.a.), and other physical and verbal mistreatment from authorities. In cases where lesbians, gays, and transgenders were found dead, the prosecutor's office often encountered serious difficulties because the victims were either concealing their identity or sexual orientation or, in many cases, were hiding from their families. Criminal investigations were categorized by female or male gender and not transgenders. The Inter-American Commission of Human Rights documented approximately 200 cases, but continuing technical problems made these cases very difficult to document and process correctly. Gay rights groups also asserted that there was antigay discrimination by security forces and government agencies and that employers used illegal discriminatory hiring practices. These groups also reported that due to intimidation, fear of reprisal, and police corruption, gay and lesbian victims of abuse were reluctant to file charges or proceed with prosecutions.
The NGO Red de Hombres Gay Positivos alleged that employers routinely ignored antidiscrimination employment laws and used testing supposedly for syphilis among employees and job applicants as a means to detect HIV status to screen persons testing positive. The NGO also alleged that some Protestant churches fueled prejudice against HIV-positive persons because there are no regulations in the matter. Certain Protestant churches called for the elimination of the le