Country Report on Human Rights Practices for 1985
PORTUGAL
Since Portugal's transition from authoritarian to democratic
rule in 1974, vigorous democratic institutions have been
established, and Portugal today enjoys a pluralistic,
multiparty, parliamentary democracy with broad popular
legitimacy. The President and deputies to the Assembly of the
Republic are freely elected by the people. The Government is
appointed by the President and is dependent upon the support
of the Assembly.
Portuguese democracy was consolidated in 1982 with a revision
of the Constitution which reinforced the guarantees of civil
liberties contained in the 1976 Constitution and which
provides for a more open economy. Nationalizations and
agrarian reform shortly after the 1974 revolution established
the primary role of the State in certain areas of commerce,
industry, and agriculture. The Government in 1984 allowed the
operation of certain private domestic banks as part of an
economic reform prograim designed to open the nationalized
banking and certain other sectors to competition from private
enterprise.
In 1985 Portugal formally created its first civilian and
military intelligence services since the abolition of the
secret police in 1974. A number of terrorist attacks since
1983, involving both foreign and domestic organizations,
convinced the Government that such services were necessary.
Terrorist actions, aimed primarily at Portuguese businessmen,
and incidents at the U.S. Embassy and NATO installations have
not altered the good human rights climate. Unsubstantiated
charges have been made, however, that prison conditions for
the 56 persons arrested for terrorist activity in June 1984
and tried in October 1985 are substandard. There are also
occasional foreign and domestic complaints about lengthy
delays in the handling of cases in Portuguese courts. There
have been instances of the excessive use of force by the
police, but these seem to reflect inadequate training rather
than policy. Respect for civil and political rights, due
process, and the integrity of the person are supported by the
Government and reinforced by a free press. The state-owned
national television network is alleged on occasion to have
tailored its programming and news coverage in accord with
political considerations, but opposing points of view can be
and usually are aired.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
Government-sanctioned political killings do not occur in
Portugal. A domestic ultraleftist terrorist group, the
"Popular Forces of April 25" (FP-25, which refers to the
revolution of April 25, 1974), has claimed responsibility for
several murders, other armed attacks on Portuguese nationals,
and numerous bombings and attempted bombings pf industrial and
other sites. This group also took responsibility for the July
1985 assassination of one of its own members who had agreed to
testify against his former colleagues and had been
provisionally released pending the trial of accused group
members. The FP-25 began to target foreign installations for
the first time in the autianm of 1984, using mortars to attack
the U.S. Embassy, NATO ships at anchor in Lisbon harbor,
NATO's Iberlant Command Headquarters, and an airbase in Beja
district used by the Federal Republic of Germany. Despite
FP-25's activity, Portugal continues otherwise to have a low
level of violence.
b. Disappearance
The police, the armed forces, and other government agencies do
not abduct or secretly arrest and detain individuals. In
1985, there were no terrorist abductions or hostage-takings by
Po r tugues e oppo s i t i on gr oups .
c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment
The Constitution forbids torture and the use of evidence
obtained by torture in criminal proceedings. It also
prohibits inhuman or degrading treatment or punishment, which
is punishable by fine or imprisonment. A number of the FP-25
suspects apprehended and indicted in 1984 have engaged in
periodic hunger strikes and other protests against prison
conditions. Beyond these protests, no independent evidence in
support of the alleged inadequacies has appeared. Ten
prisoners accused of crimes associated with FP-25 activity
escaped from Lisbon's main penitentiary in September 1985. A
stricter regime was imposed on those accused remaining under
detention.
d. Arbitrary Arrest, Detention, or Exile
No one can be held legally for more than 48 hours unless a
prosecuting judge orders preventive detention, which may last
a maximum of 4 months for each alleged crime. In some cases
where persons have been detained longer than 48 hours on an
order of preventive detention, defense lawyers have succeeded
in protecting their clients' rights through legal means and
publicity. Because of the cumbersome judicial system,
preventive detention beyond the authorized 4 months and up to
6 to 9 months before trial is not unusual in the cases of
individuals accused of serious crimes, such as murder or armed
robbery. A large backlog of cases in the courts and vacant
judgeships have caused delays. Judges are required to give
priority to the cases of those under preventive detention.
Forced labor does not exist in Portugal. On February 1, 1985,
the International Labor Organization (ILO), in response to a
complaint filed by the General Confederation of Portuguese
Workers (CGTP), criticized the failure of some Portuguese
companies, which claimed economic distress, to pay salaries
owed to their workers. The ILO report rejected the CGTP claim
that the practice was a form of forced labor in violation of
ILO Conventions 29 and 105 and accepted the Government's
report outlining measures it was taking to combat the
problem. The ILO did recommend that the Government impose
sanctions against companies not paying salaries. It also said
it was not enough for laws forbidding nonpayment of salaries
to be on the books if effective penalties were not imposed.
On July 30, the CGTP asserted that the number of workers with
unpaid salaries had dropped from 130,000 to 109,000.
e. Denial of Fair Public Trial
Portugal has an independent judiciary and a fair judicial
system. All trials are public except those which may offend
the dignity of the victim, such as cases involving the sexual
abuse of children. The accused is presumed innocent until
convicted. A public prosecutor develops the case against the
accused. A prosecuting judge reviews the evidence and
determines whether the accused should be detained or released
on bail. A panel of three judges (which does not include the
prosecuting judge) presides over cases which go to trial. A
ministerial delegate assists the judges in reviewing the
evidence. At the request of the accused, a jury may be used
in trials for major crimes. The judges or jury renders the
verdict. Sentence may be passed only in the presence of the
defense attorney.
Foreign and domestic complaints continue to be made about the
lengthy delays in the handling of cases in Portuguese courts.
The European Court in Strasbourg in July 1984 found that
Portugal had violated Article 6 of the European Convention on
Human Rights, which provides that "every person has the right
to have his case disposed of justly and publicly within a
reasonable time." The Portuguese chapter of the International
Commission of Jurists, the main local human rights watchdog
grganization, is becoming increasingly concerned about this
problem.
There are no political prisoners, although some elements of
the extreme left often claim that persons who have been
sentenced to prison for violent acts, conspiracy, or
incitement to violence are, in fact, political prisoners.
Some foreign and domestic groups have charged that the accused
FP-25 members, particularly Otelo Saraiva De Carvalho, one of
the leaders of the 1974 revolution, are political prisoners.
There appears to be substantial evidence, however, for the
criminal charges brought in these cases.
f . Arbitrary Interference with Privacy, Family, Home, or
Correspondence
No cases of governmental interference with the privacy of the
individual were reported in 1985. The Government does not
tamper with private correspondence or telephones. The
Constitution forbids forced entry into homes and searches
without a judicial warrant. In addition, entry into an
individual's home at night requires his consent.
Section 2 Respect for Civil Rights, Including:
a. Freedom of Speech and Press
Freedom of speech and press is guaranteed by the Constitution
and respected by the Government. The constitutionally mandated
Council of Social Communication, the members of which are
elected by the Assembly, acts as a watchdog to protect freedom
of speech and access to the media. It publicizes abuses,
makes recommendations to the Assembly, and has enforcement
powers (which have never been exercised) . The opposition is
free to voice its point of view, and the Government tolerates
criticism with two restrictions:
First, "Fascist" organizations and activities, including
discussions of corporativism, are prohibited by the so-called
"anti-Fascist" law of June 1978. Violators are liable to
imprisonment for from 2 to 8 years. In practice, both
politicians associated with the former regime and the "Force
of Popular Unity", charged with being the political front
group for the terrorist organization FP-25, participated in
political activities preceding the legislative elections of
October 6, 1985.
Second, anyone convicted of "insulting" civil or military
bodies or the President of the Republic, if the "insult" was
deemed intended to undermine the rule of law, may be
imprisoned for 3 years. There were no prosecutions for
"insult" in 1985.
Although the Government indirectly subsidizes the press
(through its nationalization of the banks to which the press
is indebted), it does not control editorial content, and the
entire political spectrum is represented. The two television
channels and most radio stations are owned by the State. The
Government appoints their administrators, who are usually
replaced when new governments take office. In principle, the
Government should not influence television and radio policies
or reporting decisions. In practice, it usually does so
indirectly through its power of appointment.
Opposition parties sometimes charge that television or radio
ignores or distorts their views and activities. In the
preelection period those charges became a campaign issue as
the Government was accused of manipulating television coverage
to favor the Socialist Party. However, political parties,
trade unions, and other organizations have a right to periodic
access to exclusive television time after the evening news.
The Communist Party and the unions use it vigorously.
b. Freedom of Peaceful Assembly and Association
Individuals have the right, in law and practice, to associate
formally or informally, to promote nonviolent causes, and to
protest government policies. Formation of a political party
requires 5,000 subscribers. The new Party of Democratic
Renewal acqpaired formal legal status in 1985 after having
presented the required number of signatures to the appropriate
authorities. Public meetings or protests require 24-hour
advance notice to the civil governor of the area involved.
Permission is routinely granted.
Workers have the constitutional right to set up unions by
profession or industry. Collective bargaining is guaranteed
by law and practiced in both the public and private sectors.
Such issues as wage levels, working conditions, pay grades,
and fringe benefits are regularly the subject of collective
bargaining. Strikes are permitted for any, including
political, reasons. Approximately 45 percent of the workers
are unionized. Unions are free of governmental control but
closely associated with political parties.
There are two labor federations. One, the General
Confederation of Portuguese Workers (CGTP), is controlled by
the Communist Party and is active in Communist-sponsored
causes. The other, the General Union of Workers (UGT), is a
pluralist democratic union affiliated with the International
Confederation of Free Trade Unions and the European Trade
Union Congress. Its leadership is associated with the
Socialist and Social Democratic parties, and several members
have been elected to the Assembly. Since both federations
want to represent Portugal in the International Labor
Organization, the Minister of Labor has decided that each will
do so in alternate years.
c. Freedom of Religion
There is no state religion in Portugal, and the Government
does not interfere with the free practice of religion,
including missionary work and religious publishing. Organized
religions may freely establish places of worship, train their
clergy, proselytize, and convert. In order to qualify as a
tax-exempt institution, an organized religion must legally
establish itself as a nonprofit, private society.
The prevailing religion is Roman Catholicism.. Catholic
religious instruction is offered as an elective in the public
schools. Pursuit of a civil, military, professional, or
political career does not depend on adherence to a particular
creed.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
The Constitution guarantees freedom of movement, foreign
travel, and emigration. There are no formal restraints on
domestic travel, on the right of a citizen to change residence
or place of employment, or on emigration. However, currency
restrictions, resulting from a chronic balance of payments
problem, in practice impose some limitations on foreign
travel. Emigrants and those who travel abroad are free to
return. Citizenship is not revoked for political reasons.
An 1980 law established a humane refugee program. Displaced
persons who qualify as refugees under the technical definition
established by the United Nations are given permanent resident
status and allowed to work. In practice, displaced persons
are not forced to return to the land from which they fled or
in which they fear persecution.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
The President and the Assembly are elected by secret ballot
and universal adult suffrage under a democratic system.
Opposition parties and candidates operate freely and enjoy
access to the media. Only "Fascist" organizations are
outlawed. General elections for the Assembly are held at
least every 4 years. The President has a 5-year mandate and
may serve no more than two consecutive terms.
The population is overwhelmingly European and ethnically
homogeneous. There is a small African minority, most of which
emigrated to Portugal when the former African colonies won
their independence following the 1974 revolution. There are
no legal restrictions on political activity by Portuguese of
African heritage.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
Portugal has cooperated with independent outside
investigations of human rights conditions and actively
participates in the monitoring of human rights by the Council
of Europe. Amnesty International and other private
international human rights groups operate freely in Portugal.
The most important domestic human rights group is the
Portuguese section of the International Commission of Jurists,
which considers the human rights situation in Portugal to be,
"on the whole, positive and satisfactory." Amnesty
International did not mention Portugal in its 1985 Report.
Freedom House rated Portugal "free."
ECONOMIC, SOCIAL, AND CULTURAL SITUATION
According to World Bank data, Portugal's population is
10,046,000, and the per capita gross national product is
$2,230. A worsening of the economic situation, including
deficits in both balance of payments and domestic budget, has
forced the Government to reduce its subsidies of basic food
and agricultural commodities. Portugal imports about 60
percent of its food needs .
In theory, food, shelter, health care, and education are
available to all inhabitants regardless of race, religion,
sex, ethnic background, or political opinion. In practice,
many still suffer from an inadequate diet, inferior housing,
poor quality and frequently unavailable health care, and
substandard education. Life expectancy at birth is 71.7
years, and the infant mortality rate is 17.6 per 1,000 live
births .
The Government has instituted a large-scale school
construction program to improve educational opportunities.
New regional colleges are spreading higher education beyond
the traditional centers of Coimbra, Lisbon, and Oporto.
Despite these encouraging advances, illiteracy is still about
20 percent. A shortage of buildings and teachers makes it
impossible for all children of primary school age to attend
classes, and the quality of personnel and facilities is
frequently substandard.
Child labor in industry is not a problem in Portugal. To
combat school drop-out rates, the Government in 1984 enacted
an apprentice program for youths between the ages of 14 and
24. The Government has said that "thousands" of youth leave
school annually without graduating. Given the high proportion
of the population engaged in agriculture and other traditional
work sectors, it is likely that large numbers of youth leave
school prior to graduation to work on family farms or at
traditional trades.
A national monthly minimum wage for full-time workers was
first established in Portugal in 1974. Minimum wages for
rural workers and domestic employees were legislatively
established in 1977 and 1978 respectively. In every year
since then, with the exception of 1982, minimum wages were
adjusted upward. Workers are required by law to be granted an
individual written work contract which must include their
professional category and salary, the work site, the starting
date, and, in the case of temporary workers, the duration of
the contract.
Legislation limits hours of work to 8 hours daily and 48 hours
per week. Overtime is limited to 2 hours per work period and
up to 120 hours per year. Work on a normal day off is
restricted to 8 hours. These limits are respected in practice.
On May 24, 1985, the Government notified the ILO that it had
ratified Convention 95 on conditions of security, health, and
environment in the workplace. Ratification followed an ILO
visit designed to advise Portugal on changes needed to comply
with the Convention.
The Civil Code guarantees full legal equality to women in
accordance with the Constitution. Women play an active role
in the political parties but remain underrepresented in party
and government leadership positions. In 1979 a woman served
as Prime Minister, and the current Minister of Health is a
woman. Women are gradually increasing their representation in
business, government, and the professions. Traditional
attitudes of male dominance persist in most areas but are
slowly changing.
