The Oriental Republic
of Uruguay, with a population of approximately 3.2 million,
is a constitutional republic with an elected president and
a bicameral legislature. In October 2004 in free and fair,
multiparty elections, Tabare Vazquez, leader of the Broad
Front or Frente Amplio (FA) coalition, won a five year presidential
term. The civilian authorities generally maintained effective
control of the security forces.
The government generally respected the rights
of its citizens. Although the government took concrete steps
to reduce prison overcrowding and repair damaged facilities,
harsh prison conditions continued to be a problem. Violence
against women and discrimination against some societal groups
continued to challenge government policies of nondiscrimination.
Anecdotal evidence suggested that some trafficking in persons
occurred.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the
Integrity of the Person, Including Freedom From:
a. Arbitrary or Unlawful Deprivation of
Life
There were no reports that the government
or its agents committed arbitrary or unlawful killings.
The government continued to investigate
the serious human rights violations committed during the
1973-85 military dictatorship. In November former president
Juan Bordaberry and former foreign minister Juan Blanco
were convicted of conspiracy to murder four opponents of
the military regime in 1976. Bordaberry and Blanco appealed
their conviction, and the case remained pending at year's
end.
b. Disappearance
There were no reports of politically motivated
disappearances.
c. Torture and Other Cruel, Inhuman, or
Degrading Treatment or Punishment
The law prohibits such practices, and there
were no reports that government officials employed them.
The judicial and parliamentary branches of government are
responsible for investigating specific allegations of abuse.
A government prison monitor reported that new training of
prison guards reduced some forms of abuse. Despite such
efforts, many prisoners remained in crowded cells 23 hours
or more each day, and prisoner-on-prisoner violence continued.
Detainees rarely filed complaints, but the government investigated
those complaints that were filed.
Prison and Detention Center Conditions
Prison conditions were poor, as aging facilities
were not adequately maintained. There were fewer reports
of abuse of prisoners than in previous years. Human rights
groups complained and government officials agreed that food,
bedding, and clothing were of poor quality and insufficient
quantity and that access to medical care, recreation, and
training were poor.
Overcrowding continued due to budget constraints
and stiff minimum sentencing guidelines. A high rate of
recidivism and the arrest of a large number of first time
offenders countered the early release program begun in 2005.
The overcrowding caused sanitation, social, and health problems
in the major facilities. Renovations began on the maximum
security prison, Libertad, and according to the government's
prison monitoring agency, the government repaired 800 prison
cells. The government also began construction on cells for
approximately 200 additional prisoners throughout the prison
system. The government continued to hold some prisoners
in modified shipping containers; these cells lacked running
water and posed sanitation problems.
In addition to overcrowding, the penal system
suffered from understaffing and corruption. Authorities
did not always separate prisoners according to the severity
of their crimes. Narcotics and cell phones were smuggled
into facilities, allegedly through bribes to prison guards.
Prison officials took steps to regularize family visitation,
but problems of access remained.
Female and male prisoners were held in separate
facilities except for the Artigas prison, where women were
held in a separate facility within the prison. In general
conditions for female prisoners were significantly better
than for male prisoners, due to the small population and
the availability of training and education opportunities.
The National Institute for Adolescents and
Children (INAU) operated institutions to hold minor detainees.
Juveniles who committed serious crimes were incarcerated
in juvenile detention centers, which resemble traditional
jails and have cells. Conditions in some of these facilities
were as poor as in the adult versions, with some youths
permitted to leave their cells only one hour per day.
Judges placed most juvenile offenders in
halfway houses that focused on rehabilitation. These facilities
provided educational, vocational, and other opportunities,
and the residents could enter and leave without restriction.
Pretrial detainees were held together with
convicted prisoners.
The government permitted general prison
visits by independent human rights observers as well as
inmate visitation and visits from foreign diplomats.
d. Arbitrary Arrest or Detention
The law prohibits arbitrary arrest and detention,
and the government generally observed these prohibitions
in practice. The law requires police to have a written warrant
issued by a judge before making an arrest (except when police
apprehend the accused during commission of a crime), and
authorities generally respected this provision in practice.
Role of the Police and Security Apparatus
The Ministry of Interior administers the
National Police and the prison system and is responsible
for domestic security and public safety. The National Police
has a hierarchical structure: the chief of police, director
of its intelligence unit, and director of the antidrug unit
report to the vice minister of the interior.
An internal police investigative unit receives
complaints from any person concerning possible noncriminal
police abuse of power, but the unit was understaffed and
could only issue recommendations for disciplinary action.
Ministry of Interior authorities responded promptly to accusations
of alleged police brutality. Police officers charged with
less serious crimes may continue on active duty; those charged
with more serious crimes were separated from active service
until a court resolves their cases. The law requires a proportional
use of force by the police and the use of weapons only as
a last resort; this law was respected in practice. Police
were unable to prevent violence during two labor protests
during the year because the new government had not outlined
clear police procedures for such incidents.
Arrest and Detention
The law provides detainees with the right
to a prompt judicial determination of the legality of detention,
which was not always respected, and requires that the detaining
authority explain the legal grounds for the detention. Police
may hold a detainee incommunicado for 24 hours before presenting
the case to a judge, at which time the detainee has the
right to counsel. The law stipulates that confessions obtained
by the police before a detainee appears before a judge and
attorney (without the police present) are not valid. Further,
a judge must investigate any detainee claim of mistreatment.
For a detainee who cannot afford a lawyer,
the courts appoint a public defender. Judges rarely granted
bail for persons accused of crimes that carry at least two
years in prison. Between 60 and 65 percent of all persons
incarcerated awaited final decisions in their cases. Because
these procedures applied only to the most serious cases,
most persons facing charges were not jailed. Some detainees
spend years in jail awaiting trial, and the uncertainty
and length of detention contributed to tension in the prisons.
e. Denial of Fair Public Trial
The constitution provides for an independent
judiciary, and the government generally respected this provision
in practice.
The Supreme Court heads the judiciary system
and supervises the work of the lower courts. Criminal trials
are held in a court of first instance. Aggrieved parties
have a right of appeal to the appellate court but not to
the Supreme Court. A parallel military court system operates
under a military justice code. Two military justices sit
on the Supreme Court but participate only in cases involving
the military. Military justice applies to civilians only
during a state of war or insurrection.
Trial Procedures
Trial proceedings usually consist of written
arguments to the judge, which normally are not made public.
Only the judge, prosecutor, and defense attorney have access
to all documents that form part of the written record. Human
rights groups reported some difficulty in maintaining confidentiality
between client and attorney. Individual judges may hear
oral arguments at their option. Most judges choose the written
method, a major factor slowing the judicial process. Defendants
enjoy a presumption of innocence. Either the defense attorney
or the prosecutor may appeal convictions to a higher court,
which may acquit the person of the crime, confirm the conviction,
or reduce or increase the sentence.
Political Prisoners and Detainees
There were no reports of political prisoners
or detainees.
Civil Judicial Procedures and Remedies
Transparent administrative procedures handle
complaints of abuse against government agents. An independent
and impartial judiciary handles civil disputes, but its
decisions were ineffectively enforced. Local police lacked
the training and manpower to enforce restraining orders,
which were the most common result of civil disputes.
f. Arbitrary Interference with Privacy,
Family, Home, or Correspondence
The law prohibits such actions, and the
government generally respected these prohibitions in practice.
Section 2 Respect for Civil
Liberties, Including:
a. Freedom of Speech and Press
The law provides for freedom of speech and
of the press, and the government respected these rights
in practice. An independent press, an effective judiciary,
and a functioning democratic political system combined to
ensure freedom of speech and of the press.
Internet Freedom
There were no government restrictions on
the Internet or reports that the government monitored e
mail or Internet chatrooms. Individuals and groups could
engage in the peaceful expression of views via the Internet,
including by electronic mail.
Academic Freedom and Cultural Events
There were no government restrictions on
academic freedom or cultural events.
b. Freedom of Peaceful Assembly and Association
The law provides for freedom of assembly
and association, and the government generally respected
these rights in practice.
c. Freedom of Religion
The law provides for freedom of religion,
and the government generally respected this right in practice.
Societal Abuses and Discrimination
Jewish community leaders reported that government
officials and society generally respected members of their
community, which numbered approximately 25,000. During the
year Jewish leaders noted a significant increase in the
quantity of anti Semitic graffiti across the country. Local
leaders reported effective cooperation with police to investigate
these incidents. A Jewish cemetery was vandalized in the
capital, and anti Semitic graffiti appeared in the second
largest city for the first time. In September four persons
were arrested in connection with anti-Semitic graffiti.
Authorities had not resolved the case by year's end.
For a more detailed discussion, see the
2006
International Religious Freedom Report.
d. Freedom of Movement Within the Country,
Foreign Travel, Emigration, and Repatriation
The law provides for these rights, and the
government generally respected them in practice.
The law provides that in extreme cases of
national emergency an individual may be given the option
to leave the country as an alternative to trial or imprisonment,
but this option has not been exercised in at least two decades.
Protection of Refugees
The law provides for the granting of refugee
status in accordance with the 1951 UN Convention relating
to the Status of Refugees and its 1967 protocol, and the
government has established a system for providing protection
to refugees. In practice the government provided protection
against refoulement, the return of persons to a country
where they feared persecution. The government granted refugee
status and grants asylum only for political crimes as set
forth in the 1928 Treaty of Havana, the 1889 Treaty of Montevideo,
and the 1954 Caracas Convention. During the year the government
accepted 120 refugees for resettlement. The government cooperated
with the Office of the UN High Commissioner for Refugees
and other humanitarian organizations in assisting refugees
and asylum seekers.
Section 3 Respect for Political
Rights: The Right of Citizens to Change Their Government
The law provides citizens with the right
to change their government peacefully, and citizens exercised
this right in practice through periodic, free, and fair
elections held on the basis of universal suffrage.
Elections and Political Participation
In October 2004 Tabare Vazquez, of the FA
coalition, won a five year presidential term in free and
fair elections. The FA won 16 of 30 seats in the Senate
and 52 of 99 seats in the Chamber of Deputies. President
Vazquez took office on March 1, 2005.
Women participated actively in the political
process and government, although primarily at lower and
middle levels. Four of 30 senators and 11 of 99 deputies
were women. Three of the 13 cabinet ministers were women.
There was one Afro Uruguayan among the 99 deputies.
Government Corruption and Transparency
There were isolated reports of government
corruption during the year.
Although there is no general public disclosure
law, the government requires all government agencies to
produce regular public reports. All agencies complied with
these reporting requirements.
Section 4 Governmental
Attitude Regarding International and Nongovernmental Investigation
of Alleged Violations of Human Rights
A number of domestic and international human
rights groups generally operated without government restriction,
investigating and publishing their findings on human rights
cases. Government officials generally were cooperative and
responsive to their views.
Section 5 Discrimination,
Societal Abuses, and Trafficking in Persons
The law prohibits discrimination based on
race, gender, religion, or disability; however, societal
discrimination against some groups existed.
Women
Violence against women continued to be a
significant problem. The nongovernmental organization (NGO)
National Follow Up Commission Women for Democracy, Equality
and Citizenship reported that a woman died every nine days
as a result of rape or domestic violence. The law provides
for sentences of six months to two years in prison for a
person found guilty of committing an act of violence or
of making continued threats to cause bodily injury to persons
related emotionally or legally to the perpetrator; however,
civil courts decided most of the more than 6,000 domestic
cases during the year. Judges in these cases often issued
restraining orders, which were difficult to enforce. In
many instances, courts did not apply criminal penalties.
The state owned telephone company provided
a free nationwide hotline answered by trained NGO employees
for victims of domestic violence. A directorate within the
Ministry of Interior operated community assistance centers
where abuse victims received information and referrals to
government and private organizations for aid. Both the Ministry
of Interior and NGOs operated shelters in which abused women
and their families could seek temporary refuge.
The law criminalizes rape, including spousal
rape. During the year police received 805 accusations of
rape nationwide. An unknown number of these claims involved
spousal rape, but police had anecdotal evidence indicating
that spousal rape occurred frequently. Authorities believed
that some victims did not report such incidents because
of failure to understand their rights and fear of social
stigma.
Prostitution is legal for persons over the
age of 18, and prostitution was visible in major cities
and tourist resorts. There were no known reports of police
abuse of individuals engaging in prostitution. Trafficking
in women for prostitution was a problem (see section 5,
Trafficking).
The law prohibits sexual harassment in the
workplace and punishes it by fines or imprisonment; however,
women filed few such complaints, a circumstance attributed
to a lack of understanding by women of their rights.
In the judicial system women enjoyed the
same rights as men, including rights under family and property
law. However, they faced discrimination stemming from traditional
attitudes and practices, and no gender discrimination cases
have ever been litigated. There was some segregation by
gender in the workforce. Women constituted almost one half
the workforce but tended to be concentrated in lower paying
jobs; their salaries averaged two thirds those of men. Women
often pursued professional careers, and approximately 60
percent of public university students were women.
Children
The government was committed to protecting
children's rights and welfare, and it regarded the education
and health of children as a top priority. The INAU oversees
implementation of the government's programs for children.
The government provided free compulsory kindergarten, primary,
and secondary education, and 95 percent of children completed
their primary education. Girls and boys were treated equally.
Free education was available through the undergraduate level
at the national university.
Health care was free for all citizens.
There was no societal pattern of abuse of
children.
Although there were few reliable statistics,
polls and arrests indicated that exploitation of children
for prostitution was a problem (see section 5, Trafficking).
Trafficking in Persons
While the laws prohibit trafficking in minors
and trafficking-related abuses within the country, they
do not include specific provisions covering the transportation
of persons across international borders. Some evidence of
trafficking from and within the country existed.
The country was a source, destination, and
transit point for trafficked persons, and internal trafficking
was a problem; however, hard information was lacking as
to the extent of trafficking. Trafficking reportedly occurred
primarily to and from Argentina and Brazil across poorly
controlled land borders. Based on anecdotal evidence, government
and NGO experts estimated that approximately 100 individuals
were trafficked in or through the country during the year,
but there were no reliable estimates on the number of women
engaged in prostitution abroad (generally in Europe, Australia,
Argentina, and Brazil) or on the proportion induced into
prostitution by fraud or subjected to conditions approaching
servitude. Some foreign citizens entered the country to
engage in prostitution. Officials believed from anecdotal
information that trafficking mostly affected women between
the ages of 18 and 24.
According to police sources, commercial
sexual exploitation of women and children occurred mostly
in the states bordering Brazil. A child welfare organization
expressed concern about possible prostitution rings exploiting
children in Montevideo and the resort areas of Punta del
Este and Maldonado, where taxi drivers or hotel staff may
be involved. There were isolated reports of prostitution
by boys. Police sources indicated that traffickers often
perpetrated other transborder crime such as drug smuggling.
Children's rights NGOs received reports that minors resorted
to prostitution to survive or to assist their families.
INAU estimated that 90 percent of minors engaged in prostitution
did so to assist their families, who allowed or actively
promoted the activity.
Laws criminalize trafficking of minors and
provide penalties ranging from six months' to 12 years'
imprisonment. No laws specifically prohibit trafficking
of adults. In past years suspected traffickers were prosecuted
on charges of corruption, conspiracy, fraud, and other felonies.
The Ministry of the Interior has primary responsibility
for investigating trafficking cases and maintained a database
of all trafficking related activities. Authorities responded
promptly to the one trafficking case that came to light
during the year.
The Interdepartmental Commission for the
Prevention and Protection of Children Against Sexual Exploitation
continued to work with INAU to protect victims and witnesses
but reported a lack of resources to pursue these objectives.
INAU provided funding for a number of NGOs
that had programs to assist homeless children and victims
of trafficking. A number of NGOs offered treatment for victims
of trafficking, and others provided shelter, food, or education.
The Ministry of Education produced public
service announcements in an attempt to prevent trafficking.
The announcements were aired on national television. The
government disseminated information and trained some police
forces on new antitrafficking legislation.
Persons with Disabilities
The law prohibits discrimination against
persons with disabilities, but the government did not effectively
enforce these provisions. Local entities lacked resources
to provide appropriate accommodations. Persons with disabilities
regularly experienced discrimination in employment despite
government efforts to assist in individual cases. The government
did not discriminate against persons with disabilities and
provided additional services as resources allowed; however,
difficulties in transportation inhibited some persons from
accessing these services.
A national disabilities commission oversees
implementation of a law on the rights of persons with disabilities.
The law mandates accessibility for persons with disabilities
to new buildings or public services, but the law was not
consistently enforced. The law reserves 4 percent of public
sector jobs for persons with disabilities, but the quota
was not filled. The country has a generally excellent mental
health system and an interest in the rights of persons with
mental disabilities.
National/Racial/Ethnic Minorities
The country's Afro Uruguayan minority, estimated
at nearly 6 percent of the population, continued to face
societal discrimination. The NGO Mundo Afro reported that
a much larger percentage of Afro Uruguayans worked as unskilled
laborers than members of other groups in society despite
equivalent levels of education. Afro Uruguayans were practically
unrepresented in the legislature or the cabinet, the bureaucratic
and academic sectors, or the mid and upper echelons of private-sector
firms.
Section 6 Worker Rights
a. The Right of Association
The law promotes the organization of trade
unions and the creation of arbitration bodies and protects
union leaders and negotiators from workplace discrimination.
Unions traditionally organized and operated free of government
regulation. Civil servants, employees of state run enterprises,
and private enterprise workers may join unions. Unionization
was high in the public sector (more than 80 percent) and
low in the private sector (approximately 5 percent). Labor
unions were independent of political party control but traditionally
associated more closely with the Broad Front political coalition.
The Ministry of Labor's Collective Bargaining
Division investigates antiunion discrimination claims filed
by union members. There were no new developments in the
August 2005 complaint by workers that a media company dismissed
several workers for their prounion activities.
There are mechanisms for resolving workers'
complaints against employers. Complaints that employers
dismissed organizers for fabricated reasons (thus allowing
employers to avoid penalties) diminished after the December
2005 enactment of remedial legislation.
The law expressly prohibits antiunion discrimination.
The law requires employers to reinstate workers fired for
union activities and requires employers to pay an indemnity
to such workers.
b. The Right to Organize and Bargain Collectively
The constitution provides workers with the
right to strike, and workers exercised this right in practice.
The government may legally compel workers
to work during a strike if they perform an essential service,
which, if interrupted, "could cause a grave prejudice
or risk, provoking suffering to part or all of the society."
In October the government invoked this power during a work
stoppage by truck company owners. The minister of transportation
stated that the government stood ready to seize and operate
trucks if owners did not comply with a requirement to resume
operations. Owners complied with the government order.
Collective bargaining between companies
and their unions determines a number of private sector salaries.
The executive branch, acting independently, determines public
sector salaries.
All labor legislation fully covers workers
employed in the eight special export zones. No unions operated
in these zones, but the government did not prohibit their
formation.
c. Prohibition of Forced or Compulsory Labor
The law prohibits forced or compulsory labor,
including by children; however, there were reports that
such practices occurred (see section 5).
d. Prohibition of Child Labor and Minimum
Age for Employment
The law protects children against exploitation
in the workplace, including a prohibition of forced or compulsory
labor, and the Ministry of Labor and Social Security is
responsible for enforcing it. Enforcement was difficult
due to a lack of resources and because most child labor
was in the informal sector (which accounted for 40 percent
of total employment in the country). Some children worked
as street vendors in the expanding informal sector or in
agricultural activities, areas generally regulated less
strictly and where pay was lower than in the formal sector.
The law prohibits minors under the age of
15 from working, and this was generally enforced in practice.
Minors between the ages of 15 and 18 require government
permission to work, and such permission is not granted for
dangerous, fatiguing, or night work. All workers under age
18 must undergo a physical examination to identify job related
physical harm. Children between age 15 and 18 may not work
more than six hours per day within a 36 hour workweek and
may not work between 10 p.m. and 6 a.m.
Permission to work is granted only to minors
who have completed nine years of compulsory education or
who remain enrolled in school and are working to complete
compulsory education. Controls over salaries and hours for
children are stricter than those for adults. Children over
the age of 16 may sue in court for payment of wages, and
children have the legal right to dispose of their own income.
INAU implements policies to prevent and
regulate child labor and provides training on child labor
issues. INAU also works closely with the Ministry of Labor
and Social Security to investigate complaints of child labor
and with the Ministry of Interior to prosecute cases. INAU
has seven specially trained inspectors to handle an estimated
2,000 inspections per year; the labor ministry has 109 inspectors
to investigate all types of labor complaints. Authorities
imposed sanctions in approximately 5 percent of the cases.
A program by INAU and an NGO continued to
provide food vouchers of $56 (1,360 pesos) per month to
parents who take their children off the streets and send
them to school. This amount approximated what a child might
earn working on the street, and the program was considered
successful.
e. Acceptable Conditions of Work
The Ministry of Labor enforces a legislated
minimum monthly wage that covers both the public and private
sectors. The ministry adjusts the minimum wage whenever
it adjusts public sector wages. The monthly minimum wage
of $125 (3,000 pesos) functions more as an index for calculating
wage rates than as a true measure of minimum subsistence
levels; it did not provide a decent standard of living for
a worker and family. The vast majority of workers earned
more than the minimum wage.
The standard workweek ranged from 44 to
48 hours per week, depending on the industry, and employers
were required to give workers a 36 hour block of free time
each week. The law stipulates that industrial workers receive
overtime compensation for work in excess of 48 hours, entitles
workers to 20 days of paid vacation after a year of employment,
and prohibits compulsory overtime beyond a maximum 50 hour
workweek.
The law protects foreign workers and does
not discriminate against them, but official protection requires
the companies to report the foreign workers as employees.
Many native and foreign workers worked informally and thus
forfeited certain legal protections.
The Ministry of Labor and Social Security
enforces legislation regulating health and safety conditions
in a generally effective manner. However, some of the regulations
cover urban industrial workers more adequately than rural
and agricultural workers. Workers have the right to remove
themselves from what they consider hazardous or dangerous
conditions without jeopardy to their employment; the government
effectively upheld this right, but some workers claimed
a subsequent loss of other privileges at work based on their
refusal to work in unsafe conditions.
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