Western Hemisphere
Supporting Human Rights and Democracy: The U.S.
Record 2004 - 2005
Released by the Bureau of Democracy, Human Rights
and Labor
The Western Hemisphere has transformed
itself over the last two decades from a region dominated
by repressive, authoritarian regimes to one in which
34 out of 35 countries have democratically-elected
governments and growing civil societies. Despite
this favorable trend, many countries in the hemisphere
continue to struggle to consolidate democratic reforms
and ensure respect for fundamental human rights.
During the year, Haiti faced
political upheaval and internal strife. Following
former President Aristide’s
resignation and departure in late February, a constitutionally-mandated
interim government (IGOH) was named on March 17.
With the assistance of the international community,
the IGOH took significant steps to rebuild democracy
and the rule of law over the course of the year.
In Bolivia, where citizens remain skeptical of their
government’s ability to provide accountable,
responsive leadership, public unrest in 2004 diminished
compared to previous years. Cuba’s ongoing
repression of pro-democracy dissidents and human
rights activists remained a serious problem. Confronting
the Venezuelan Government’s increasingly authoritarian
rule, citizens went to the polls in August in an
effort to resolve Venezuela’s political impasse
over the country’s leadership in a peaceful
and democratic manner.
Recognizing these ongoing challenges, the United
States in 2004 continued its efforts to strengthen
democratic institutions, promote good governance
and transparency, support the rule of law, and encourage
greater respect for human rights. United States efforts
included both high-level diplomatic engagement and
grassroots-level work with civil society actors.
The United States provided
support throughout the region for key democratic
institutions, including
political parties and civil society. Political party
initiatives focused on internal democratization,
outreach to marginalized groups, responsiveness to
constituent needs and greater accountability. Civil
assistance and training promoted greater inclusion
in the democratic process. As a result of U.S.-sponsored
programs, citizens in many countries were able to
call for greater transparency and accountability
in government. In Jamaica, U.S. assistance increased
civil society’s ability to influence the Government,
resulting in stronger policies to combat violent
crime. In the Dominican Republic, U.S. diplomatic
and programmatic support were instrumental in paving
the way for elections which were recognized internationally
as free and fair. In preparation for Haiti’s
municipal and national elections, the United States
provided funding for voter registration, political
party development and voter education
The United States buttressed
regional efforts to resolve internal conflicts,
strengthen the rule of
law, protect human rights and promote worker rights.
The U.S. Peace Program in Colombia evolved in 2004
in response to the Government’s efforts to
expand peace negotiations with illegal armed groups.
The United States established Peaceful Co-Existence
Centers in seven of the most conflict-ridden municipalities
in Colombia. Throughout the region, the United States
assisted government efforts to reform judicial codes
and procedures, resulting in greater efficiency and
access to justice. The United States coordinated
projects throughout the region to strengthen labor
systems and markets through promotion of freedom
of association, collective bargaining and protection
of core labor standards. In addressing trafficking
in persons (TIP), U.S. efforts were often regional,
reflecting the fact that TIP is a problem that by
definition spills over national borders. Anti-TIP
efforts funded by the United States were particularly
robust in Brazil, Peru, Guatemala, the Dominican
Republic and Honduras. Combating child labor often
goes hand-in-hand with combating TIP, since children
are frequently the victims of exploitation in both
situations. To address this combined threat, the
United States supports projects designed to raise
awareness and reduce instances of TIP and child labor
throughout the region.
Strengthening Political Parties in Latin America
In recent decades, Latin America has experienced
a wave of democratization as the region moves away
from the dictatorships of the past. However, the
democratic process remains fragile. Many citizens
in Latin America view political parties as out of
touch with the populace, driven by the interests
of the elite, plagued by corruption and unable to
deliver on promises or demonstrate leadership. To
counteract these concerns, the National Democratic
Institute (NDI) has undertaken a project designed
to rejuvenate and strengthen political parties in
Argentina, Bolivia and Peru.
Using an interactive, participatory
methodology to impart "best practices" in democratic
governance, NDI held regional workshops in February
for 18 representatives of organizations that specialize
in training political parties. The U.S.-funded NDI
initiative asked each participant to create and implement
a project designed to improve their clients’ internal
democracy, transparency and outreach to constituents.
While this project faced challenges in Bolivia -
pointing to the need for re-doubled efforts at political
party revitalization there - the initiative was a
clear success in Argentina and Peru. Participants
took the "train the trainer" model to heart,
adapting NDI’s curriculum for local use. During
the workshop sessions, NDI provided training methodologies
and materials to help the participants carry out
their projects which included instruction on solving
political problems, providing solid policy recommendations
and outreach to youth. As further resource for political
party reformers, NDI posted a number of case studies
representing highly successful best practices on
its website in Spanish.
Argentina
The Government of Argentina generally respected
the human rights of its citizens. Argentina continued
to recover politically and economically from its
recent economic crisis, although widespread poverty
and high unemployment levels remained. Argentina's
press was free and independent, frequently critical
of government policy and personnel, and civil society
remained extremely active and engaged. Despite these
trends, problems remained.
There were instances of killings and brutality by
police and prison officials. Although police and
prison officials faced prosecution and convictions
for offenses, impunity remained a serious problem,
as did allegations of corruption. Overcrowding in
jails and prisons, as well as substandard conditions
within those facilities, persisted. This problem
was exacerbated by inordinate delays in investigations
and trials and lengthy investigative detention periods.
Lack of resources, the need for judicial reforms,
and a weak investigative infrastructure make significant
short-term improvements unlikely. Anti-Semitism remained
a concern. Domestic violence and sexual harassment
against women were problems. Coordination in combating
trafficking in persons remained an issue, despite
the fact that the Government of Argentina increased
its efforts to combat trafficking and the sexual
exploitation of minors.
The United States worked with the Argentine Government,
media, civil society and security forces to strengthen
democratic institutions, encourage civil society
participation, and fight corruption. These efforts
aimed to increase transparency, strengthen the judiciary,
and combat trafficking in persons.
Throughout the year, U.S. Embassy officials, including
the Ambassador and Deputy Chief of Mission, engaged
in a continuing dialogue with Argentine policy and
opinion makers on human rights, democratic governance
and rule of law issues. Embassy Officials maintained
a high profile with national and provincial officials,
press and civil society groups in investigating and
following up on allegations of torture, abuse and
extra-judicial killings. The United States engaged
with national and provincial government authorities
on specific human rights cases and maintained close
contact with major human rights and civic education
NGOs. Through its annual country reports on human
rights, religious freedom and trafficking in persons,
the United States maintained these issues in the
public and official discourse. The Ambassador, Deputy
Chief of Mission and other Embassy officers were
in a continuous dialogue with the Argentine Ministry
of Foreign Affairs regarding issues before the UN
Commission on Human Rights and the UN General Assembly
to ensure Argentina's support for improvements of
human rights practices in the region and worldwide.
Argentina has an active and engaged civil society,
but some of its most marginalized and disadvantaged
groups, such as indigenous communities, need assistance
to support their efforts to organize. Several Native
American speakers offered Argentine indigenous communities
practical steps for reviewing and shaping sustainable
plans for community development. Using experiences
of U.S. tribes, these speakers illustrated the importance
of citizen participation by indigenous peoples in
their communities to ensure sustainable development.
They shared success stories for building sustainable
communities and starting small businesses. The programs
included visits to some of Argentina's poorest indigenous
communities. Their message of focusing on building
strong communities through ethical leaders, good
governance and the establishment of long-term, responsible
public policies was well received by indigenous Mapuche
and Wichi audiences. Shortly after this program,
the indigenous community of Amaicha del Valle dismissed
their corrupt chief of over 20 years, established
a committee to review their constitution, and elected
a new chief.
On judicial reform, the United
States sponsored several speakers who engaged local
audiences on such
issues as continuing education for judges, and conducted
a series of digital video conferences with a local
consortium under the rubric of "Justice Undergoing
Change," which provided a 20-hour "train
the trainer" course. As a measure of its success,
one of the Argentine participants in the course was
invited to Guatemala to conduct a conflict-management
session with that country's 22 provincial governors.
Two speakers discussed Argentina's transition to
jury trials. One speaker addressed the Senate, which
is considering a bill to introduce the use of jury
trials in cases of public corruption and other serious
crimes. The second spoke to large and enthusiastic
audiences in Buenos Aires (including members of the
Supreme Court, the Senate, City Council members,
NGOs and members of the legal community) and engaged
audiences in Cordoba, Mendoza, Misiones, Neuquen
and Entre Rios through digital video conferences.
Transparency and accountability
in the public sector are essential elements in
democratic governance and
the protection of human rights. The United States
continued to enhance transparency and public participation
in the policy process by hosting International Visitors
(IVP) trips, programming U.S. speakers, and distributing
materials. Melanie Ann Pustay, Deputy Director of
the U.S. Department of Justice's Freedom of Information
Office, conducted a week-long workshop for some 100
Argentine Ministry of Justice officials on Freedom
of Information Act issues and practices. Ms. Pustay,
the Ambassador, and the Legal Attaché also
participated in a WORLDNET interactive program on
anti-corruption with some twenty Argentine NGOs and
Anti-Corruption Office officials. In November, The
Trust for the Americas/Organization of American States,
together with the Argentine NGO Center for the Implementation
of Public Policies Promoting Equity and Growth and
with U.S. Government support, began implementing
an initiative to improve the quality of journalism
in Argentina as a tool to fight corruption, both
in the public and private sectors.
A Principal Advisor to the State Department's Anti-Corruption
Program spoke to Argentine audiences to discuss the
progress made at the Special Summit of the Americas
in Monterrey on anti-corruption issues and the challenges
still to be faced. He opened Argentina's Catholic
University's graduate program on public ethics and
engaged with NGOs and government officials.
The United States continued to ensure that civic
education programs, emphasizing respect for human
rights and civilian control of the military, were
an integral part of training provided to Argentine
military personnel and Ministry of Defense (MOD)
civilians. The United States applied vigorous and
comprehensive vetting of all military and MOD civilian
participants in international military education
and training programs, in compliance with the Leahy
Amendment.
Combating trafficking in persons (TIP) remained
a top U.S. priority in Argentina. The Deputy Chief
of Mission led U.S inter-agency engagement with Argentine
government officials, NGOs and international organizations.
A representative of the Department of State's Office
to Monitor and Combat Trafficking in Persons visited
Argentina twice in 2004 to raise awareness of the
issue and meet with officials, prosecutors, the International
Organization for Migration and NGOs. He gave an interview
to a major entertainment and news network, effectively
explaining U.S. policy and ongoing programs. The
United States lobbied the Argentine Government to
formalize its interagency coordination process and
appoint a central coordinator of activities. At the
end of the year the Federal Office of Victim's Assistance
under the Attorney General's Office was identified
as the coordinator of anti-TIP efforts.
Bolivia
In 2004, Bolivia had fewer episodes of social unrest
than during the previous year, when in October protestors
forced President Gonzalo Sanchez de Lozada, who had
been elected in free and fair elections in August
2002, to resign from office. Since then, the Government
of Carlos Mesa Gisbert has generally respected the
human rights of its citizens, though serious problems
remained, due in large part to weak institutions,
pervasive corruption, a violent political opposition
and limited resources.
In July, the country held its first national referendum
in many decades. There continued to be credible,
though fewer, reports of abuses by security forces,
including use of excessive force, extortion, arbitrary
arrest and detention, and mistreatment of military
conscripts. Prison conditions remained harsh, and
violence in prisons and prolonged pre-trial detentions
were problems. Other problems included pervasive
domestic violence and discrimination against women,
the abuse of children and widespread child labor,
discrimination against and abuse of indigenous people,
discrimination against Afro-Bolivians, and brutal
working conditions in the mining industry and trafficking
in persons (TIP).
The highest priorities of
the United States in Bolivia were to promote democracy
and political and social
stability and to ensure that the police and military
respect human rights and cooperate with investigations
and prosecutions of alleged violations of human rights.
The U.S. Government’s strategy aimed to increase
citizen participation in democratic processes and
improve local government, as well as improve the
judicial system and ensure the rule of law. The United
States also promoted women's rights and assists in
combating corruption, child labor and potential TIP.
The Ambassador and other Embassy officials worked
with government officials, non-govern-mental organizations
(NGOs) and other organizations to identify areas
of particular human rights concern and encourage
needed reforms. To build international support for
the new Government, Secretary of State Powell and
then-Deputy Secretary of State Armitage hosted a
January 2004 Bolivia Support Group meeting in Washington,
with the participation of 19 countries and six international
organizations.
The United States supported
democratic order and social stability in Bolivia
in a variety of ways,
through funding programs to strengthen municipal
governments, legislative development, political party
reform and anti-corruption. These programs encouraged
the participation of women and indigenous people,
particularly in the city of El Alto. The Embassy
also hired native language-speaking indigenous advisors
to help it better understand and broaden links with
this large and under-represented segment of the population.
In the past year, U.S. programs trained nearly 2,000
representatives of indigenous groups. In the period
prior to the December 2004 municipal elections, USAID
programs trained over 2,700 women candidates and
potential candidates for office. In addition, USAID
though the Office of Transition Initiatives (OTI)
focused the majority of its transition assistance
on supporting better economic opportunities and increasing
political participation for indigenous communities.
Bolivia’s nationwide municipal elections, held
in October 2004, were without serious incidents and
met international standards.
As part of its outreach to the indigenous program,
the U.S. Embassy sent various members from the indigenous
community and officials to participate in 2004 International
Visitors Programs on topics such as democracy and
civic education. The Embassy also invited guest speakers
and published op-ed pieces on supporting democracy,
indigenous issues and fighting corruption. The Embassy
produces radio programs, news and coverage of significant
events in indigenous languages of Quechua and Aymara.
USAID/OTI funded indigenous language radio producers
for the communications office of the executive branch
to ensure outreach to widest population. In 2004,
indigenous and Afro-Bolivian groups participated
in workshops on democratic values, as well as a U.S.-funded
education-based program to promote improvements in
political access and responsible civic and political
participation among rural and indigenous populations.
Because many human rights abuses occurred within
the justice system, the Embassy has focused major
human rights and democracy efforts in that sector.
The U.S. Government's support for justice system
reform, initiated in the early 1990s, continued to
support consolidation of the new Code of Criminal
Procedures (CCP). The Mesa Government continued to
implement a new Public Ministry Law adapting the
prosecutorial function of the judicial system to
the requirements of the CCP. United States programs
helped strengthen the Public Ministry as well as
other key justice sector institutions through extensive
training and technical assistance. Among other achievements,
the reform created a new Public Defense function
to ensure citizens' access to due process in criminal
trials as required under the Bolivian Constitution.
To date, several thousand judges, prosecutors, police,
public defenders, lawyers, law students and NGO representatives
have received training on the new CCP.
The United States also made a major contribution
to establishing Bolivia's new Forensic Institute,
which will greatly increase the quality of evidence
used in the criminal justice process and contribute
to fairer and more expeditious trials. The U.S. Government
worked closely with civil society to help educate
citizens about their rights under the reformed criminal
justice procedures and strengthen their support for
these important reforms. Thanks to increases in efficiency
brought by the new CCP, criminal trials became more
transparent at the same time that the costs and time
spent in those trials were substantially reduced.
The United States helped to expand access to justice
services for poor Bolivians by helping to establish
eight new Integrated Justice Centers in areas of
conflict, including the coca-growing regions of the
Chapare and Yungas, and El Alto. These centers provided
citizens with access to mediation and other legal
services, and established a positive presence of
the Bolivian Government in areas where respect for
the rule of law is fragile.
The United States also helped to establish a new
Office of the Presidential Delegate for Anti-Corruption
and provided technical assistance to initiatives
undertaken by the office. Among other initiatives,
the Office worked together with the Attorney General's
office and the national police to establish three
pilot interdisciplinary anti-corruption task forces
to pursue emblematic corruption cases. The United
States also supported an initiative led by the Carter
Center to support passage of an access-to-information
law.
To strengthen its capacity for monitoring and acting
on cases of alleged human rights abuses, the Embassy
hired a Bolivian attorney to focus exclusively on
human rights issues. The attorney worked with the
Bolivian military, police, judiciary and other officials
to track human rights cases and investigations for
the Embassy database and reporting and to support
diplomatic outreach on this critical issue.
The Embassy routinely raises the importance and
provisions of Leahy legislation and other human rights
conditions on U.S. security assistance in ongoing
contacts with civilian and military officials and
collaborated to help create the Government's own
human rights database. The Embassy conducted interagency
vetting on all security forces considered for U.S.
training and/or support. The United States also provided
ongoing training and seminars to the Bolivian military,
including regional Human Rights Consensus Document
Implementation conferences. The Bolivian military
recently assigned a human rights officer to every
command. The Embassy continued to assist the National
Police with its National Directorate of Professional
Responsibility to investigate allegations against
police officers of malfeasance, wrongdoing and human
rights abuses, and encouraged the establishment of
the first national human rights office for the police.
During the year, policemen and military personnel
received crowd control training emphasizing respect
for human rights and internationally accepted principles
of crowd control. Narcotics police officers also
received training on human rights issues as a key
part of counter-narcotics training; basic training
included a 40-hour human rights module.
The United States repeatedly raised with Bolivian
officials the need for comprehensive action on TIP
and related child labor and prostitution concerns.
The Embassy promoted passage of a model anti-trafficking
law with senior officials and lawmakers and helped
fund a newly-created trafficking in persons investigation
unit in the police. A U.S. Government grant continued
to support a CARE project to keep the children of
Potosi miners in school and out of the mines. The
United States funded a project to improve workplace
safety and to promote tripartite dialogue among workers,
businesspeople and the Government.
Brazil
In October 2002, Brazil's
constitutional Government held its fourth general
election since the end of
military rule in 1985, electing President Luiz Inacio
Lula da Silva ("Lula") and members of the
legislature in accordance with the 1988 Constitution.
In October of 2004, nationwide municipal elections
elected mayors and city council members in each of
the country's 5,563 municipalities. Both elections
were held without serious incidents and met international
standards.
The Government of Brazil generally respected human
rights, and there were improvements in a few areas.
However, serious problems remained, and the human
rights record of several states remained poor. Police
continued to commit numerous abuses, including unlawful
killings, torture and excessive use of force. Prison
conditions remained harsh and life threatening. The
judiciary was inefficient, lacked resources and was
often subject to political and economic influences
- especially at the state level. Judicial officials
were often poorly trained and the judicial process
remained slow. In many instances, poorer and less
educated citizens made limited use of an appeals
process that could have ensured their right to a
fair trial. Violence and discrimination against women,
indigenous people, Afro-Brazilians and homosexuals
remained a problem. Child abuse and prostitution,
human trafficking, and internal slave and forced
labor continued, as did intimidation and killings
of rural labor organizers.
The United States human rights and democracy strategy
for Brazil focused on increasing political participation
of underrepresented persons (mainly women and Afro-Brazilians),
strengthening the judiciary, improving access to
education and employment for Brazil's poor youth,
and especially combating trafficking in persons (TIP)
and internal slave labor.
In August, Ambassador Siv, the U.S. Representative
to the UN Economic and Social Council, along with
Ambassador Danilovich, met with several high-level
Brazilian officials involved in promoting human rights
and democracy, including President Lula's Foreign
Policy Advisor.
In celebration of Brazil's Black Awareness month,
former Congresswoman Cardiss Collins spoke at the
Federal Senate in Brasilia and addressed groups of
students and academics in Brasilia and Salvador,
Bahia. Congresswoman Collins spoke about the role
of African-Americans in the passage of civil rights
legislation during a series of professional training
programs on race and gender equality. The Public
Affairs Section in Brasilia sponsored both events.
High profile cases charging judges with corruption
and influence peddling were common and impunity seemed
widespread. At the end of 2004, approximately 115
senior judges throughout the country were under investigation.
To address problems in the judiciary, the U.S. Government
sponsored a number of guest lectures by professors
from Harvard University Law School, the University
of Texas Law School and Columbia University to promote
civil and political rights and judicial reform.
The Embassy in Brasilia and a local non-govern-mental
organization held the first ever U.S.-Brazil Constitutional
Dialogue on The Contemporary Meaning of the Constitution.
Professors from the University of Texas Law School
and Brazilian Supreme Court Justices discussed the
importance of freedom of speech, human rights, and
individual and social rights before an audience of
judges, prosecutors, lawyers and law students.
The U.S. Government’s
Disadvantaged Youth Program actively worked to
ensure that children and
adolescents received access to basic rights by providing
at-risk youth with increased access to viable training
and employment opportunities. Activities during the
year included technical training and life-skill building,
corporate mentoring, paid internships and on-site
formal sector training. In addition, the United States
provided information and communication technology
training to 1,000 youth and educators. Trainees conducted
market surveys to identify key factors and barriers
considered during the hiring process, and launched
a campaign to decrease prejudice against young workers
from poor communities.
Brazil has a significant domestic and international
TIP problem. It is a major source country for women
trafficked into prostitution in Europe and bordering
countries. Men and children are forced into agricultural
labor schemes on farms in the country's interior.
The U.S. Government considered combating TIP a priority
and made substantial efforts in this field. To further
reduce child labor and associated human rights abuses,
the Embassy teamed with Partners for the Americas,
the Ministries of Labor, Education and Social Assistance
and the Government of Brazil's National Human Rights
Secretariat to implement a U.S. Labor Department
grant to target child labor in northeast Brazil.
Additional U.S. funding supported International
Labor Organization programs working to combat child
and forced labor. In addition, Catholic Relief Services
began a program funded by the U.S. Department of
Labor to combat forced labor by working with cities
that traditionally provided victims for slave labor.
The Embassy reinforced the Brazilian Ministry of
Justice's efforts at increasing awareness of the
human trafficking problem by educating both Brazilian
officials and target groups. During the year, Brazil
was selected by the U.S. Government as one of eight
countries to receive aid under President Bush's Anti-Trafficking
in Persons Initiative. The Departments of Homeland
Security and Justice consulted with Brazilian officials
in preparation for significant grants for projects
to help Brazilian authorities combat trafficking
under the President's Initiative Program.
In May, the U.S. Consulate General in Sao Paulo
and the Sao Paulo State Secretary of Justice inaugurated
the Sao Paulo State Office for the Prevention of
Trafficking in Persons. This office conducts public
education campaigns, assists victims of human trafficking
and sexual exploitation and refers individual trafficking
cases to the Brazilian federal police and state attorneys.
The office will also have a center at the Sao Paulo
international airport to assist victims return to
Brazil after being trafficked abroad. The office
was the first of its kind in Brazil, and because
of involvement by Brazil's Ministry of Justice, serves
as a model for similar offices that will be opened
nationwide. United States Government assistance to
the Sao Paulo Secretary of Justice allowed the office
to purchase essential equipment.
The United States also promoted several human rights
and democracy programs throughout the year and actively
worked to combat human trafficking and sexual exploitation.
Activities of the U.S. Government included direct
service assistance to human trafficking and sexual
exploitation victims, shelter strengthening in target
areas, referrals to appropriate legal and law enforcement
services to facilitate prosecution of perpetrators
and dismantle human trafficking networks. The United
States also promoted increased coordination between
stakeholders and service providers at the local level,
and technical assistance to improve the Brazilian
human trafficking and sexual exploitation notification
system.
The United States funded anti-trafficking activities
that led to a number of significant achievements
during the year. Under the umbrella of a Memorandum
of Understanding signed with the Brazilian Secretariat
for Human Rights and the Ministry of Social Development,
the United States worked to strengthen the nationwide
network of government centers that provided emergency
health, legal, and psychosocial services to human
trafficking victims. Over 1,300 public agents, including
social workers, psychologists, physicians and teachers
received U.S.-sponsored training during the year,
which allowed for the design of local operational
plans and strategies for 2005. During the year, local
partners identified over 700 cases of commercial
sexual exploitation, of which 108 involved illegal
trafficking.
The Government of Brazil regarded the anti-trafficking
program as a model for the country. A report issued
during the year by the Brazilian General Accounting
Office stated that the program is the most successful
and effective initiative that combats human trafficking
and sexual exploitation of minors in the country.
At the invitation of the Brazilian Government, USAID
held a seat, for the second year, on the Inter-Sectoral
Commission on Trafficking in Persons and Sexual Exploitation
of Children and Adolescents. This Commission is responsible
for coordinating anti-trafficking activities.
In November, the U.S. Embassy in Brasilia took part
in an anti-trafficking seminar sponsored by the Embassy
of Sweden with participation from the Brazilian National
Secretary of Justice Claudia Chagas, the U.S. Departments
of Homeland Security, Labor and State, NGOs and the
diplomatic community. The U.S. Departments of Labor
and Homeland Security presentations addressed an
audience composed of the Brazilian federal government
officials, NGO representatives, human rights activists,
diplomats and law enforcement officials. The presentations
outlined the U.S. Government's commitment to the
fight against human trafficking through the prosecution
of offenders, protection of victims and creation
of programs to prevent future trafficking.
Special Ambassador John Miller,
head of the State Department's Office to Monitor
and Combat Trafficking
in Persons, toured Brazil to survey Brazilian efforts
at combating human trafficking. Ambassador Miller
met with several high-level Brazilian officials,
NGO representatives, public prosecutors and consular
representatives. He participated in a joint press
conference with the Sao Paulo State Anti-Trafficking
Office, gave an interview to Brazil’s largest
daily newspaper, and provided an op-ed piece following
his visit to continue to raise public awareness of
the problem.
Colombia
Although serious problems remained, the Government's
respect for human rights improved in some areas.
Colombia is a democracy that has been ravaged by
an internal armed conflict financed by drug trafficking
and other criminal activities for over 40 years.
The percentage of reported human rights abuses attributed
to security forces was low; however, some members
of the security forces continued to commit serious
abuses, including unlawful and extrajudicial killings
and forced disappearances. Some members of the security
forces collaborated with the paramilitary terrorist
group the United Self-Defense Forces of Colombia
(AUC), which committed serious abuses. There were
allegations of arbitrary arrests and detentions,
and prolonged pretrial detention remained a fundamental
problem. Illegal paramilitaries and guerrilla terrorist
groups committed numerous human rights abuses, and
methods to deal with these threats through the civilian
judiciary were complicated by corruption and a cumbersome
inquisitorial justice system. In order to better
address these issues and resource constraints, the
Government began a move to an adversarial judicial
system in January 2005 with the hope of strengthening
the power of the judiciary, increasing the efficiency
with which these cases are handled, eliminating impunity
from punishment and bolstering respect for human
rights.
The U.S. human rights and democracy strategy for
Colombia was both proactive and responsive, tackling
the root causes of human rights violations and social
unrest, while continuing to invest in short-term
emergency humanitarian assistance. Key strategic
objectives included promotion of democracy and good
governance, support for judicial reform and the rule
of law coupled with increased access to the justice
system, protection of vulnerable populations, promotion
of peace initiatives and provision of humanitarian
assistance.
The United States supported a Local Governance Program,
which worked to improve the capacity of municipal
governments to involve citizens in local decision-making,
provide services and manage resources effectively
and transparently. The Local Governance Program supported
the establishment of 244 social and productive infrastructure
projects in 2004. These projects were administered
through local citizen oversight committees that established
project priorities and oversaw their management and
financing. In addition, the United States successfully
completed a nationwide public awareness anti-corruption
campaign that reached six million citizens through
radio, newspaper and television messages. The United
States also completed the standardization of internal
control units in the last two of a total of 26 government
agencies.
The United States Government
provided assistance that was instrumental in drafting
a new criminal
procedure code and paving the way for the new adversarial
judicial system. The Colombian Congress approved
the draft code in July 2004, which was signed into
law by President Uribe in August 2004. This code
has been used since January 2005 in Bogotá and
the districts of Manizales, Pereira and Armenia.
The United States organized joint trial technique
courses for judges, prosecutors, police, defense
attorneys and investigators. United States assistance
funded visits for judges and legislators to observe
the adversarial judicial system in practice in Puerto
Rico. The United States also implemented an instructors'
course at the Prosecutor General's training facility,
which trained instructors to conduct their own courses
in forensic specialties, basic investigative skills,
trial techniques, interview techniques and crime
scene management. In cooperation with the Colombian
Justice Sector High Level Commission, the United
States funded the construction of an additional seven
trial courtrooms in 2004, for a cumulative total
of 35, to complement the shift toward an adversarial
judicial system.
In 2004, four additional
U.S.-funded Justice and Peace Houses - one-stop
legal assistance shops were
established, raising the cumulative total to 37.
The Justice and Peace Houses handled 746,000 cases
during 2004, and since their inception in 1997 they
have increased access to the justice system for more
than 2.7 million poor and marginalized Colombians.
In addition, the United States assisted in the certification
of another 571 dispute resolution experts, for a
total of 1,048. The United States developed and implemented
a multi-faceted strategy to strengthen the Government’s
capability to investigate and prosecute human rights
cases, providing Colombian judicial police investigators,
forensic examiners and prosecutors with necessary
training, technical assistance and equipment to enhance
and upgrade their individual skill levels. The strategy
employed a task force concept, whereby personnel
from 11 satellite Human Rights Units in the Prosecutor
General's Office train and work together, resulting
in a more effective case flow from initial criminal
investigation to final case resolution. In 2004,
the Office of the Prosecutor General conducted major
operations against guerrilla and paramilitary criminal
organizations, bringing charges for murder, assault,
extortion and drug trafficking.
The United States trained 840 police officers assigned
to rural outposts with little or no previous police
presence, 400 police in adversarial judicial system
trial techniques, and more than 5,000 prosecutors,
judges, investigators and defense attorneys. Specialized
training and state of the art equipment donations
enabled Colombian forensic labs to investigate human
rights violations more effectively. These included
the enhancement of DNA analyzers and the Combined
DNA Index System database, upgrading of the Integrated
Ballistics Identification System, updating of forensic
imaging and document analysis systems, upgrading
of the automated fingerprint identification system,
and installation of a wireless network providing
inter-agency connectivity and information sharing.
In addition, at the request of Prosecutor General
Osorio, the United States conducted polygraphs of
446 prosecutors and investigators from the National
Human Rights Units and their eleven Human Rights
support units. The Prosecutor General imposed this
requirement to combat widespread corruption in the
organization. Polygraphed officials included office
directors, senior prosecutors and members of the
anti-narcotics, anti-kidnapping and anti-corruption
units, all of whom received U.S. assistance. Ninety
five percent of those tested passed.
Working with the Colombian Ministry of Interior
and Justice, the United States provided security
protection assistance to 556 people in 2004, for
a cumulative total of 3,701 people, and hardened
an additional 25 offices in 2004, for a cumulative
total of 96 offices that had been under threat by
paramilitary and guerrilla terrorist groups. The
protection program included threatened human rights
workers, union leaders, journalists, members of the
left wing Patriotic Union Party, mayors, city council
members and municipal human rights workers. The U.S.-funded
Early Warning System expanded to 21 regions. In 2004,
the system determined that 18 of the 89 alerts it
received required a government response to prevent
potential massacres, forced displacements or other
egregious human rights violations. The Government
of Colombia has responded to 195 of the 323 alerts
emitted by the system since it began in 2001.
Although NGO statistics indicate
kidnappings have dropped approximately 42 percent
in 2004, kidnapping
remains a significant problem in Colombia. The United
States assisted the Government in developing and
implementing a comprehensive program to investigate
and prosecute kidnapping and extortion offenses.
Six courses in the areas of Human Resources Intelligence
Management, Racketeering Enterprise Investigations,
Kidnapping and Ransom Investigations, and Interviewing
and Interrogation were held for 180 law enforcement,
prosecutorial and military personnel. The intimidation
of witnesses and judicial sector personnel remained
a serious problem. The United States provided training
and equipment for Government of Columbia protective
force personnel in both the witness and dignitary
protection areas, including personnel from the Bogotá mayoral
and other Government ministerial security details.
The United States Peace Program underwent significant
change and growth in 2004. While it continued to
support civil society initiatives to promote peace
and conflict resolution, the program also developed
a working relationship with Colombia's new High Commissioner
for Peace to design and implement initiatives to
support peace negotiations with illegal armed groups.
As negotiations began between the Government and
paramilitary groups, the United States provided advice
regarding policy and programmatic parameters for
a possible demobilization initiative. Also, in conjunction
with the High Commissioner and Ministry of Interior
and Justice, the United States established Peaceful
Co-Existence Centers in seven of the most conflict-ridden
municipalities in Colombia. These centers provided
communities with a neutral space for dialogue, conflict
resolution and social services.
The rate of displacement of people due to armed
conflict fell sharply in 2003 and 2004, according
to official government figures, but the internal
conflict in Colombia has displaced over 2 million
people since 1995. The United States supported six
international organizations and NGOs in Colombia
that provide emergency humanitarian assistance such
as food, temporary shelter, hygiene and household
kits, psycho-social counseling, health care and temporary
employment to newly displaced persons. The United
States also provided mid- to long-term assistance
to displaced persons focused on economic reintegration
of displaced persons, to include a smaller but significant
returnee component. Program activities include micro-credit
programs, vocational training and job placement,
health care, shelter, income generation, improved
education and basic community infrastructure. Through
these programs the United States assisted more than
581,000 internally displaced persons in 2004. In
addition, in 2004, the United States assisted more
than 774 former child combatants to leave illegal
armed groups and transition into regular society,
for a cumulative total of 2,085 assisted by the Child
Ex-Combatant program. Assistance includes basic shelter,
food, education, job skills training and psycho-social
assistance.
The United States also worked with the Government
to combat trafficking in persons (TIP). In July 2004,
the International Organization of Migration hosted
a conference with U.S. funding on the application
of justice in fighting TIP. This conference was attended
by government officials from Colombia and the Dominican
Republic.
Although labor union-related
homicides and kidnappings in 2004 were lower than
in previous years, violence
against labor union leaders and activists continued
to be a serious problem. Through a U.S. grant, a
U.S. organization provided U.S.-based training and
technical education to nearly 40 Colombian trade
union leaders who were under threat. The United States
also funded an International Labor Organization (ILO)
project designed to improve labor relations and generate
quality employment for women. A second U.S. grant
provided funding to the ILO's International Program
for the Elimination of Child Labor. In 2004, nearly
3,000 or more children left their work in low-tech
open-pit mines under an IPEC-funded pilot project.
However, the project was closed at the end of fiscal
year 2004. A new educational program, "Combating
the Worst Forms of Child Labor through Education
in Colombia," was implemented to assist at-risk
youth employed in the cut flower sector in Colombia.
These youth were almost entirely employed in small
family businesses producing flowers for local sale.
The majority of these children were victims of poverty,
and in many cases, the parents were convinced that
survival required the economic contribution of their
children. Eliminating this form of child labor required
working with the entire family in order to get the
children to school.
Cuba
For 46 years, the Cuban Government
has consistently spurned domestic and international
calls for greater
political tolerance and respect for human rights.
Cuba's human rights record remained poor in 2004.
The Cuban Government ignored or violated virtually
all of its citizens' rights, including the fundamental
right to change their government. Indeed, the Government
has quashed all efforts to initiate a public debate
on how Cuba can prepare for a peaceful transition,
in general by forbidding open speculation on possible
political changes after Castro’s demise, and
in particular by rejecting the constitutionally permissible
Varela Project petition drive that called for basic
political and economic rights.
As part of a March 2003 crackdown, the Government
of Cuba arrested 75 pro-democracy and human rights
activists, most of whom remain imprisoned. The Government
maintained a tight media monopoly, and harassed and
imprisoned pro-democracy activists, independent journalists
and librarians, often forcing them into exile. Accused
dissidents received sham trials and their prison
conditions remained life threatening. Domestic violence
against women continued, and child prostitution was
a problem, as the Government refused to acknowledge
Cuba's status as a major destination for sex tourism,
including sex with minors. The Government of Cuba
severely restricted worker rights, dismantling independent
unions in 2003, and then claiming that they did not
exist.
The priorities of the U.S. Government in Cuba are
to encourage a peaceful transition to democracy and
to direct international attention to the severe human
rights crisis on the island. While the Castro brothers
remain in power, any movement toward an open society
and democratic political processes is slow to non-existent.
Significant human rights improvements are also difficult
to achieve under current conditions. A May 2004 government-organized
protest required a million Cubans to march past the
United States Interests Section (USINT), and December
2004 television broadcasts sought to portray U.S.
diplomats as engaged in inflammatory activities.
To focus international attention on Cuba's deplorable
human rights situation, the United States has greatly
increased high-level public statements on ongoing
abuses and encouraged other governments to do the
same. In May 2004, the President approved the recommendations
of the report of the Commission for Assistance to
a Free Cuba, a comprehensive plan to accelerate a
peaceful democratic transition in Cuba and coordinate
U.S. support to a free and democratic Cuban Government.
In January 2004, the President condemned Cuban human
rights violations in a speech to at the Special Summit
of the Americas in Monterrey, Mexico. Secretary of
State Powell authored an editorial in support of
democracy in Cuba in March, and State Department
Spokesman Richard Boucher frequently called attention
to the deteriorating condition of political prisoners
such as Dr. Oscar Elias Biscet. Chief of Mission
James Cason focused on human rights themes in all
his media interviews and in major addresses in Miami
and Tampa. The U.S. Government worked actively to
help achieve passage of a resolution on the situation
of human rights in Cuba at the UN Commission on Human
Rights in April.
The United States helped
increase the flow of accurate information concerning
democracy, human rights, and
free enterprise to, from, and within Cuba. Specifically,
U.S. Government grants to fifteen U.S. universities
and U.S. NGOs helped build solidarity with Cuba's
human rights activists, give voice to Cuba’s
independent journalists, develop independent Cuban
non-govern-mental organizations, defend the rights
of Cuban workers and provide direct outreach to the
Cuban people.
To break the Cuban Government's stranglehold on
all forms of public discourse, USINT mounted a major
effort to increase Cuban access to information about
events inside and outside Cuba. Consistent with the
presidential directive to make Radio and TV Marti
more effective, the Interest Section actively solicited
audience preferences concerning format and content.
Despite the Government's prohibition on the commercial
importation of books on democracy, economics, human
rights and other topics, the United States distributed
more than 300,000 media items in 2004, including
books, magazines, newspapers, news clips and articles.
The United States also distributed several thousand
radios to help Cubans obtain information on the outside
world. USINT offered more than 6,000 hours of free
Internet access to members of civil society in 2004.
To educate Cubans on democratic processes, USINT
invited members of Cuba's civil society to watch
U.S. election night returns, observe a televised
presidential debate and the results of the New Hampshire
primaries, and participate in a seminar on the U.S.
electoral process.
The U.S. Interest Section’s
human rights initiatives seek to send a message
to the oppressors as well
as the oppressed. In March, the State Department
announced that the U.S. Government would not grant
visas to those who helped the prosecution in the
show trials of the 75 imprisoned activists. The United
States urged other countries to adopt similar measures.
Because U.S. statements cannot
reach Cubans through the state's media monopoly,
USINT found creative
ways to disseminate messages that promote human rights
and democratic reforms. When words are blocked, powerful
symbols and images have taken their place. USINT
held an internationally televised ceremony to mark
the burial of a time capsule that included messages
of hope from Cuba's leading pro-democracy activists,
to be read on the eve of Cuba's next free and fair
elections. The Interests Section installed a mock
jail cell exactly replicating the one inhabited by
human rights activist Dr. Biscet, a poignant exhibition
of the inhumane conditions in which Cuba holds its
prisoners of conscience. In December, USINT included
a lighted number "75" in its outdoor holiday
lights and decorations, to remind the public of those
still imprisoned unjustly. The intensity of the Government's
campaign against USINT efforts to publicize the plight
of the prisoners ensured that the average Cuban learned
about the incarceration of the 75 pro-democracy activists.
To document the cases of Cuba's prisoners of conscience
- the highest number per capita in the world - and
to provide moral support, U.S. officers followed
more than 350 cases and met with the prisoners' families.
Officers also met with any Cuban wishing to discuss
human rights violations in Cuba, receiving over 300
visits in 2004. Officials from USINT invited human
rights and pro-democracy activists and political
prisoners' spouses to representational events to
underscore their legitimate place in Cuban civil
society. In January, U.S. officials invited the children
and mothers of political prisoners to a Three Kings
Day celebration, and in December, the Chief of Mission
received them for a holiday party. Interests Section
Officers also countered Government propaganda by
briefing thousands of visitors from the United States
and other countries on local human rights conditions
and by consulting closely with other Cuba-based diplomats.
The Cuban Government has refused to recognize the
extent of child prostitution or conduct public awareness
campaigns to combat it. The United States has consulted
closely with international NGOs and other diplomatic
missions to promote increased awareness of the child
prostitution problem on the island.
To recognize the important role of Cuban religious
figures in society, USINT invited a broad range of
religious leaders to representational events. Mission
officers also provided information and humanitarian
assistance to religious organizations. Although the
Cuban Government has eased curbs on religious worship,
it restricted the importation of religious materials,
the arrival of foreign priests and missionaries to
serve in Cuba, and the authorization of new places
of worship, particularly for those religions not
officially registered with the Government.
To help advance labor rights in a country where
most leading independent union organizers are in
prison, U.S. officials met with dozens of independent
labor leaders and disseminated information on international
labor issues, including the 2004 report of the International
Labor Organization's Committee on Freedom of Association,
which cited Cuba's failure to meet internationally
recognized labor standards. In December, U.S. officials
organized a teleconference between labor experts
in the United States and Cuban independent union
leaders.
Dominican Republic
Although there were some improvements in a few areas,
overall the Dominican Republic Government's human
rights record remained poor. The Dominican Republic
enjoys a democratically elected government and a
robust, multiparty system. In August, President Leonel
Fernandez retook office after a generally free and
fair election, replacing President Hipolito Mejia.
The Constitution provides for an independent judiciary;
however, internal corruption and interference from
outside authorities remained a problem.
Members of the security forces committed unlawful
killings. The police and, to a lesser degree, the
military, tortured, beat or otherwise abused suspects,
detainees and prisoners. Prison conditions ranged
from poor to harsh. Lengthy pretrial detention and
long trial delays continued to be problems. Domestic
violence, trafficking in persons (TIP) and discrimination
against Haitian migrants were also serious problems.
Child labor remained a cause for concern. The Government
made some advances in improving respect for human
rights and worker rights. Notably, in September,
a new Criminal Procedures Code that provided suspects
with additional protections took effect. In October,
a new Code for Minors took effect, providing increased
protections and stiffer sanctions in cases of sexual
or commercial exploitation. The judiciary continued
to consolidate its independence and carry out reforms
aimed at greater efficiency and due process. Additional
military and police units received training in human
rights. A new penitentiary school began training
guards and administrators.
The U.S. human rights and
democracy strategy aimed to strengthen democratic
institutions, encourage
enforcement of the rule of law and support governmental
and non-governmental efforts to increase understanding
and respect for human rights. In addition, the human
rights strategy increased the Government’s
capacity to enforce its own proscriptions against
child labor and TIP, fight corruption and comply
with international labor standards. Throughout 2004,
U.S. officials frequently highlighted human rights
and democracy concerns, both privately and in public
events. Ambassador Hertell and other Embassy officials
stressed the need to respect individual rights and
the importance of strengthening democracy and democratic
institutions. These efforts contributed directly
to the successful organization of a peaceful election
and change of government and to visible steps toward
enhanced respect for human rights by the authorities,
including through the implementation of the new Criminal
Procedures Code. Additionally, the U.S. Permanent
Representative to the Organization of American States
(OAS), Ambassador Maisto, used public presentations
to encourage the Dominican Government and civil society
to augment their efforts in anti-corruption, education
and basic human rights.
Electoral assistance and support from the United
States, which included direct observation of the
May 2004 presidential elections, was instrumental
in promoting an election widely considered to be
one of the freest and fairest in Dominican history.
The press praised U.S. Government efforts. For more
than a year in advance of elections, U.S. officials
- including the Ambassador, Assistant Secretary of
State for Western Hemisphere Affairs Noriega and
others - met with presidential candidates and media
sources to encourage a free, fair and transparent
electoral process. A U.S. grant to a Dominican NGO
led to documented improvements in the Dominican electoral
process. The NGO monitored the 2004 electoral process,
from logistic preparations to training of polling
station officials.
On election day approximately 6,500 volunteers trained
with U.S. assistance observed and reported on the
elections, which resulted in improved voter confidence
in the electoral process and in the tabulation of
results. Though less visible, this grant gave a Dominican
NGO the ability to recruit, train and encourage smaller
civil society groups throughout the country to participate
in election activities. This tangential impact of
the U.S.-fund-ed grant served to broaden and deepen
civil society activism on governance issues. Through
this grant, the United States also promoted government
responsiveness to the electorate by training civil
society groups to monitor the performance of elected
officials in 15 selected municipalities of the country.
The United States provided funding to the OAS and
U.S.-based NGOs to monitor the 2004 election. On
election day, international observers - including
more than 50 U.S. Embassy community members accredited
by the OAS - monitored voting and the tabulation
of returns at election sites across the nation. During
preparations for elections, U.S. officials spoke
publicly about the importance of free and fair elections.
On election day, the Ambassador, accompanied by other
Santo Domingo-based Ambassadors, personally visited
several polling stations and monitoring headquarters,
and publicly supported a transparent election process.
The efforts of the United
States strengthened the Government’s enforcement
of the rule of law. Technical assistance and training
provided by the
United States helped the Dominican Republic begin
implementation of the new Criminal Procedures Code.
Specialists supported with U.S. funding assisted
in the drafting of the new Criminal Procedures Code,
which the Government implemented in September 2004.
The new code, based on the U.S.-style adversarial
model, provides suspects with considerably more legal
protections than the previous Napoleonic-style code.
Technical assistance has
been provided by the United States for a number
of activities to assist with
implementation of the new code. Funding from the
United States supported planning for staffing, training,
supervision and performance monitoring in the Office
of Public Defense, the Public Prosecutor’s
Office and the court system. The United States also
supported the creation of peer advisory groups around
the country to support effective implementation of
the new code and improve inter-institutional coordination.
To prepare judicial officials to handle new oral
trial requirements and additional constitutional
protections afforded by the code, the United States
provided specialized training for judges, prosecutors
and defense attorneys. A U.S.-funded series of week-long "public
education" seminars were developed, and described
the advantages of the new adversarial justice system
provided by the new code. The United States also
provided support for civil society efforts to monitor
the implementation of the code to train community
leaders, grassroots organizations and lawyers. A
local outreach program disseminated information about
the code through radio spots, brochures and newspaper
advertisements.
Technical assistance from the United States had
a direct and profound impact on the rights of persons
whose cases had been languishing in the Dominican
judicial system. With U.S. funding, teams performed
an inventory and purged about 300,000 pending criminal
cases from the judicial system. In many cases, affected
prisoners had been in detention for years waiting
for initial hearings on their cases. The case inventory
was lauded by justice sector officials, as there
was no existing record of the number of cases pending
in the criminal justice system. This purging process,
in addition to increasing productivity of public
defenders, resulted in a decrease in criminal case
processing time from 33 months in 2003 to 15 months
in 2004.
The United States provided technical assistance
to a Dominican judicial institution that offers free
legal assistance and representation to the poor and
disenfranchised in the Dominican Republic. This assistance
included the merit-based selection of 21 new public
defenders and two investigators, as well as their
training in the National Judicial School. The rising
number of public defenders, combined with greater
efficiency, resulted in a dramatic increase in the
number of indigents receiving free legal defense
(1,992 in 2004 as compared with 866 in 2003).
The United States urged the Government to improve
its human rights record in several areas, including
assistance in development of programs to reduce unlawful
killings, torture and unwarranted violence by members
of the National Police and military. During 2004,
the United States provided start-up funding to two
NGOs and the National Police to create a Police Abuse
Reporting Center, which began receiving and registering
complaints of human rights violations in the first
quarter of 2005. This information will enable police
and other groups to concentrate investigations and
human rights programming funds on problem areas.
The United States sponsored a series of human rights
training seminars for approximately 450 officers.
The United States also funded the production and
nationwide distribution of small, portable cards
to the National Police that contain a list of Miranda-style
rights affirmed in the new Criminal Procedures Code.
Projects funded by the United
States continued to encourage the Dominican Government’s
support for efforts to eliminate child labor. The
United
States funded a multi-year program to address the
worst forms of child labor, including commercial
sexual exploitation and dangerous agricultural work.
Through this program, more than 1,500 children have
been removed or kept from hazardous work environments
since 2001. The United States also implemented the
Combating Child Labor through Education project to
fund educational programs for exploited and at-risk
children and provide educational opportunities. Since
2002, more than 1,100 children have been placed in
educational programs as part of this project.
In order to call attention to a marginalized and
discriminated sector of society, the Ambassador visited
workers at a sugarcane plantation near San Pedro
de Macoris in February. The visit received national
press coverage and prompted the decision of the plantation
operators to improve facilities for some sugarcane
workers.
The Ambassador and other U.S. officials spoke out
about the dangers of illegal migration and TIP and
sponsored speakers and conferences to call attention
to these issues. The Ambassador gave the opening
remarks at an international conference on best practices
for combating TIP in October. The Embassy offered
several training sessions for incoming administration
officials regarding TIP and encouraged the government
to consolidate TIP-fighting resources into one organization
under the auspices of the attorney general. The United
States sponsored a local NGO to give seminars and
training for prosecutors and judges with respect
to prosecutions under the 2003 anti-TIP and alien
smuggling law. The Embassy funded a public campaign
that used posters, radio ads and other media to discourage
prospective migrants from risking their lives to
travel illegally to the United States.
Ecuador
Ecuador has a democratically elected government
that generally respects human rights. However, its
weak government institutions, widespread corruption
and severe inequities in distribution of income contributed
to human rights abuses. There were credible reports
that security forces killed citizens using unwarranted
lethal force (although members of the security forces
did face prosecution and prison sentences for some
violations). Police tortured and otherwise mistreated
prisoners and detainees. Prison conditions remained
poor. Persons were subject to arbitrary arrest and
over 70 percent of the detainees in jail had not
been formally sentenced. Although there was a free
and vigorous press, some self-censorship occurred
in the print media. Pervasive discrimination against
women, the indigenous and Afro-Ecuadorians continued
to occur and included occasional violence. Child
labor and trafficking in persons (TIP) remained problems.
The U.S. Government’s
human rights and democracy strategy in Ecuador
is to support democracy, good
governance and advocate respect for democratic institutions.
The United States efforts included helping strengthen
the judicial system and the rule of law, promoting
human rights education, assisting Colombian refugees,
protecting the human rights of migrants and combating
child labor and TIP.
A wide range of U.S. programs
supported Ecuador's democratic institutions, and
throughout the year
the Ambassador, other embassy officials and visiting
high-level U.S. officials publicly advocated respect
for those institutions and constitutional processes.
The United States sponsored Ecuadorian participants
in programs providing in-depth looks at the administration
of justice, responsible policing, grassroots democracy,
drug control policy, responsible media, indigenous
community development, economic and agricultural
development and improving educational systems. Experts
from the United States worked with local leaders
on judicial ethics and citizen participation in democratic
processes, and participated in an international youth
conference on leadership. The Embassy sponsored performances
of "Dialogues of Liberty," which emphasized
the importance of individual liberty and personal
responsibility in a democracy through dramatic speeches
by Ecuadorian historical figures. Embassy officials
advocated stronger workers' rights protections and
development of legislation and a national plan to
combat TIP.
Ecuador’s judicial
system is plagued by inefficiency and corruption
that undermine the rule of law and
hinder speedy and fair trials. In 2004, the United
States supported a number of projects to strengthen
judicial effectiveness and fight corruption. With
U.S. funding, judicial reform programs helped train
police, prosecutors and judges in criminal justice
reform and the proper application of the legal system,
including the oral accusatory system and oral litigation
skills. Although the Ecuadorian Government has made
little progress in advancing its anti-corruption
program, the United States implemented programs at
the local level to improve transparency and accountability.
With U.S. assistance, Ecuador's multi-institutional
commission to advance criminal justice reform developed
a detailed action plan, made some progress on improving
coordination among judicial institutions and wrote
a bill to reform the criminal code. The United States
developed and distributed a multimedia training package
to inform civil society about applying the criminal
procedures system. To strengthen an inadequate public
defense service, the United States provided funding
to expand citizens' access to justice, especially
that of poor people in rural regions of the country.
The United States, through USAID, expanded its program
to increase effectiveness and transparency in government,
working with 48 local governments and three additional
provinces. The program also increased citizen participation
through citizen audit committees established to oversee
implementation of local assistance projects and development
of legal proposals to decentralize government. Additionally
USAID launched a project to train teachers on their
constitutional rights and responsibilities and a
separate program to lobby Ecuador's Congress for
passage of a Freedom of Information Act (which occurred
in May 2004 and was signed by the president in January
2005). The program will train citizens on their rights
and institutions on application of the law.
The United States continued military-to-military
contact focused on promotion of fundamental human
rights and humanitarian outreach, including medical
assistance and peacekeeper exercises. The Embassy
coordinated interagency human rights' vetting of
military units proposed for U.S. training and/or
support, and human rights training was integrated
into all U.S.-supported military exercises and operational
training conducted in the country.
The United States implemented two programs to fight
sexual and domestic violence against women and children.
A domestic violence and gender program in Quito continues
to improve the city's monitoring of domestic violence
cases and processing of sex crime cases.
As of November 30, almost 8,000 Colombians had sought
refugee status in Ecuador. (The actual number of
displaced Colombians who entered Ecuador was much
larger, due to people entering without documentation.)
To help this vulnerable population,
the United States, via the State Department’s
Bureau of Population, Refugees and Migration, provided
funding to the UN
High Commission for Refugees, the International Organization
for Migration, the American Red Cross and the Pan
American Health Organization to support refugee centers
and services for Colombians seeking refuge in Ecuador.
The United States funded two major programs to support
Ecuadorian Government efforts to combat child labor.
A grant provided to Catholic Relief Services will
administer a four-year project aimed at meeting the
educational needs of child laborers and children
at risk of entering the banana and flower industries.
An ongoing project targets the worst forms of child
labor in the agricultural and construction sectors,
as well as the exploitation of minors in the commercial
sex industry. The United States advocated the strengthening
of Ecuador's labor laws and practices, including
reform of Ecuador's outdated labor code to ensure
the right of association without fear of retribution,
and requested action by the Government in specific
labor rights cases.
In addition to working against the worst forms of
child labor, the United States repeatedly raised
with Ecuadorian officials the need for coordinated
action against the broader problem of trafficking
in persons. The United States funded a grant to the
American Bar Association to review proposed TIP legislation
and coordinate efforts to combat trafficking. The
United States also began work with local governments
to fight TIP. Since alien smuggling networks made
migrants in Ecuador vulnerable to human trafficking,
USAID assisted host government efforts to dismantle
alien smuggling organizations; cooperation between
U.S. and Ecuadorian officials led to the dismantlement
of 27 alien smuggling rings and the arrest of 128
alien smugglers. The United States also provided
equipment for airports and border crossings to allow
authorities to better monitor travelers in part to
limit human trafficking.
Guatemala
The Government of Guatemala generally respected
the rights of its citizens; however, very serious
problems remain. State institutions charged with
enforcing the rule of law remained weak. Police brutality
and prison conditions were concerns. Arbitrary arrest
and lengthy pretrial detentions were problems. Intimidation
and corruption of judges and other law enforcement
officials was widespread. Threats against non-governmental
organizations (NGOs) and human rights workers by
unidentified persons remained approximately the same
as the previous year. The Berger Administration took
significant steps to downsize and reform the military.
There was progress investigating official corruption
and efforts to reform the judiciary continued. Impunity
for offenses of criminal violence was pervasive.
The U.S. human rights and democracy strategy is
targeted toward encouraging and supporting the Government's
efforts to strengthen democratic institutions, improve
the rule of law and transparency and supporting key
human rights initiatives.
In an effort to strengthen
democratic gains made over the last decade, the
United States provided
political party development training to parties across
the political spectrum. Assistance focused on identifying
root causes of political party weakness and promoting
party reform, internal democratization and accountability
mechanisms designed to modernize parties and encourage
constituent outreach. Using USAID’s decentralization
and local governance program, the United States worked
to strengthen national policies that promote decentralization
(e.g. Municipal Tax Code) and at the local level,
in targeted geographic areas, to improve resource
generation, management efficiency and transparency,
responsiveness to citizen needs and citizen participation
in determining local priorities.
In September 2004, the United States initiated a
new program focused on strengthening the rule of
law, which builds on past justice reform efforts
to improve the transparency and efficiency of criminal
judicial processes, implementing crime prevention
programs, increasing the use of alternative dispute
resolutions and developing stronger leadership and
support for justice reform in Guatemala. To address
profound problems in the country's judicial system,
the United States funded the expansion of a network
of Justice Centers to improve access to justice and
modernize the justice sector by implementing administrative
reforms to improve judicial operations.
In coordination with the Villa Nueva Justice Center,
located in a suburb of the capital, the United States
funded intensive training of the police, especially
focused on the problem of combating the frightening
gang violence that plagues much of Central America.
The United States provided material support to the
Guatemalan Public Ministry's Office of the Special
Prosecutor for Crimes Against Human Rights Workers.
To support investigation of police officers implicated
in crime or corruption, the United States provided
training and material support to the National Civil
Police's Office of Professional Responsibility, the
equivalent of an Inspector General. United States
assistance also supported a crime prevention coalition,
which opened a self-help and training center for
disadvantaged youth on the grounds of a former presidential
retreat facility.
President Bush, then Secretary of State Powell,
then-Undersecretaries Bolton and Grossman, and Undersecretaries
Dobriansky, and Assistant Secretary Noriega, Deputy
Assistant Secretary Fisk and others raised human
rights concerns during meetings with President Oscar
Berger, Vice President Eduardo Stein, Members of
Congress and other high-level Guatemalan officials.
The Embassy expressed interest in key cases to authorities
investigating human rights abuses during the year.
Authorities were generally cooperative and in several
cases shifted resources to investigate cases of particular
concern. Ambassador Hamilton frequently met with
human rights leaders and publicly expressed U.S.
support for their work by hosting a reception in
honor of the Guatemalan human rights community. The
Ambassador has advocated for numerous human rights
initiatives with the Government, including the establishment
of a local UN Office of the High Commissioner for
Human Rights, the UN Commission to Investigate Clandestine
Groups proposed by civil society, stronger legislation
for prosecution of traffickers in persons (TIP) and
improved labor legislation. The Embassy continued
to urge the Government to investigate threats against
human rights defenders, journalist, and justice workers
and to provide protection to the victims when warranted
and feasible. Through the International Visitors
Program, the Embassy sponsored trips focused on human
rights and free press for civil society leaders,
giving them the opportunity to interact with parallel
organizations in the United States and interchange
experiences.
The United States completed a three-year human rights
program in September 2004. Through this project,
the United States supported grassroots human rights
efforts, including through the training of local
human rights promoters, media campaigns and targeted |