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Comparative law and justice/Panama

Part of the Comparative law and justice Wikiversity Project

jtejada_3464

Basic Information
One of the most important symbols to represent this country is the Panamian flag which has a significant meaning. "The flag is divided into four, equal rectangles; the top quadrants are white (hoist side) with a blue five-pointed star in the center and plain red; the bottom quadrants are plain blue (hoist side) and white with a red five-pointed star in the center; the blue and red colors are those of the main political parties (Conservatives and Liberals respectively) and the white denotes peace between them; the blue star stands for the civic virtues of purity and honesty, the red star signifies authority and law". Panama is located in Central America, bordering the Caribbean Sea and the North Pacific Ocean. Panama is located between Colombia & Costa Rica. The total area of Panama is 75,420 sq km and the land total area is 74,340 sq km. Panama is about the size of South Carolina. The total of the land boundaries is 555 km. Colombia is 225 km and Costa Rica is 330 km. The climate in Panama is hot, humid, cloudy, rainy season is from May to January and it has dry season from January to May. Panama has a mostly steep interior, rugged mountain, and upland plains. The coastal areas in Panama are largely plains and rolling hills. The total estimate of population in Panama is 3,360,474. 85% of the people in Panama are Roman Catholic and 15% are Protestant. Traditional beliefs and practices have been maintained among the native American groups despite a history of missionization. The dominate language spoken in Panama is Spanish, and 14% of the Panamian people speak English ; many Panamians are bilingual. Some ethnic groups that live in Panama are: Mestizo (mixed Amerindian and white) 70%, Amerindian and mixed (West Indian) 14%, white 10%, Amerindian 6%.

Brief History
The Spanish settled in Panama in the 16th century. In 1821, Panama joined a union that consisted of Colombia, Ecuador, and Venezuela called the Republic of Gran Colombia. When things started to go down the drain for Panama in 1830, Panama still kept being apart of Colombia. In 1903, with the support from the United States Panama managed to withdraw from Colombia. Panama then signes a treaty with the United States which states that they have permission to construct a canal known as the Panama Canal Zone. The canal was built from 1904-1914 by the US Army Corps. of Engineers. By 1977, Panama signed an agreement that stated that they wanted a complete transfer of the canal from the U.S. to Panama. Certain parts of Panama gained responsiblity of their canals and were sent over to subquent decades. The canals in Panama with the help of the United States military and the United States alone the canals in Panama weere sent to Panama by the end of 1999. In October of 2006 Panamians allowed for canals to be expanded. The canal project that was taken place in Panama began in 2007 and is expected to be completed 2014.

Economic Development, Health, & Education
The age structure for Panama is 0-14 years: 29.3% (male 501,950/female 481,750) 15-64 years: 63.9% (male 1,085,435/female 1,061,530) 65 years and over: 6.8% (male 106,934/female 122,875) (2010 est.) The estimated median age for males is 26.9 years and for females is 27.6 years. The total estimate of median age is 27.2 years. (2010 est.) The population of growth rate 1.503%. The birth rate 20.18 births out of 1,000 populations and the death rate is 4.66 deaths out of 1,000. The female morality rate is estimated to be 12.67 deaths out of 1,000 live births. The infant mortality rate for males is 13.53 deaths out of 1,000 live births. The female morality rate for females is 11.77 deaths out of 1,000 live births (2010 est.). In Panama everyone over the age of 15 can read and write a population of 91.9%, 92.5% males and 91.2% females. School life expectancy (primary to tertiary education): total :14 years, males 13 years and females 14 years. Education expenidures is 3.8% of GDP in Panama. Life expectancy for Panamanian children total population is 77.25 years,74.47 years for males and the life expectancy for females is 80.16 years.the fertility rate in Panama is 2.48 children born/women. People living with hiv/aids in Panama is 20,000. Hiv/aids deaths is fewer than 1,000 people. Some of the major infectious diseases are bacterial diarrhea, dengue fever and malaria. These types of illinesses are caused from food or water. The construction of the canal led to the conquest of yellow fever and advances in public health. A legacy that provided safe drinking water throughout the republic. Gorgas Memorial Hospital specializes in tropical medicine. There is one world-class private hospital, Clinica Paitilla, and several crowded public hospitals. . GDP of Panama is 40.81 billion. GDP total exchange is 24.71 billion. GDP per capita in Panama is $12,100. Labor force in Panama is 1.448 million. Labor force by occupation agriculture 15%, indusrty 17.2%and services is 76.8%. unemplyment rate in Panama is 7%. Population below poverty line is 28.6% in Panama. Distribution of family income is 56.1 investment (gross fixed) 24.1%. Public debt in Panama is 44.7% of GDP. Some agriculture products in Panama are bananas, corn, coffee, sugarcane, vegtables, live stock and shrimp. Industries in Panama consist of construction, brewing, cement, sugar millings and other construction materials.

Governance, Elections, & Judicial Review
Panama has three branches of government legislative, executive, and judicial. Panama has a constitutional democracy. Panama declared Independence day on November 3, 1903 ( from Colombia; and became independent from Spain on November 28, 1821.) Legal systems in Panama are based on a civil law system; the judicial review of legislative acts is held in the Supreme Court of Justices. Executive Branch: The chief of estate of Panama is president Ricardo Martinelli Berrocal (since July 1, 2009). Vice president of Panama is Juan Carlos Varela (since July 1, 2009). The cabinet is appointed by the president. Legislative Branch: Unicameral National Assembly (71 seats; members are elected by popular vote to serve five year term. Judicial Branch; Supreme Court of Justices (nine judges are appointed to a 10 year term) five superior courts and three courts of appeal. President and Vice president of Panama is elected on the same ballot by popular vote for a 10 year term ( not eligible for reelection; president & vice president must sit out two terms additional (10 years) before becoming eligible for reelection.) Next election will be held in 2014.In Panama people are able to vote at the age of 18 and are legal to participate in any government activity. There are some countries that are mandatory to vote including Panama as one of them. These countries include Venezuela, Argentina, Australia, Belgium, Brazil, Chile, Italy, and Portugal. In Panama the judicial process can take up to serval months. On average it can take up 8 months to a year before a trial date is set and one year till the process is complete.

Courts, & Criminal Law
Judicial authority in Panama is taken place in the Supreme Court. The Supreme Court is composed of nine magistrates and nine alternatives which are appointed by the president (subject to approval by the legislative assembly) for 10 year term. The migistrates appoint the judges of the Supreme Court then they appoint their circuit judges. In Panama their are 4 superior courts, 18 circuit courts (one civil & one criminal)and one municipal court in each district. There are two tpes of administrative judges in Panama. Some are called " corregidores or night/police". The administrative judges are in charge of hearing minor civil and criminal cases that involve a sentencing of less than a year. According to the municipal mayor these judges are similar to the Justices of the Peace. Their proceedings are not subject to the Code of Criminal Procedure and defendants procedural safeguards afforded in regular courts. In the constitution it states it guarantees a right to counsel for people charged with crimes and requires the provision of public defenders for illiterate criminal defendants. Trial by jury in Panama is acceptable in certain circumstances.

Punishment
Capital and corporal punishment is prohibited in Panama. The most severe penalty that one is allowed to receive for a single offense is twenty years in prison. Prisoners were required to do labor work in prison even if was not a part of their sentence. The most severe type of punishment one could receive is reclusion which includes a place of confinement called Coilba Penal Colony on the Isla de Coiba which is serving hard labor work. A sentence in reclusion can range from thirty days to twenty years. Simple imprisonment can range from thirty days to eighteen years but it not required serve hard labor work (Coilba). Depending on the seriousness of the crime committed by offenders they were sentenced to reclusion and could be eligible for parole after the offender served three-quarters of their sentence. Offenders that are sent to prison can be eligible for parole after serving two-thirds of their sentence. Juveniles that committed crimes were are handled in a totally different way due to the fact that they are under age. Juveniles are put into a facility where they are kept from making any contact with severe criminals. Many organizations and agencies worked together to help provide guidance and assistance to the juveniles. All the cases that involved juveniles were not made public because of their age. The Women in Panama received better treatment then men would. The Women’s Rehabilitation Center (Centro Feminino de Rehabilitación) located in Panama City is more of an ideal prison. The Women’s center was under the supervision of the Department of Corrections. Mostly all the prisons in Panama were operated by the Department of Corrections. Even though the women’s center was operated by the Department Corrections the nuns established a reputation for discipline. Few complaints were reported from the prisoners at the women’s center. When women were first arrested they were sometimes held overnight or several nights at the Model Jail even though they were segregated women experienced conditions that were a little different than what men experienced.

Law Enforcement, & Legal Personnel
On February 10, 1990 the president of Panama abolished Panama's military and reformed security by creating Panamas public forces. Panama's public forces include Panamanian National Police (PNP), National Air-Naval Service (SENAN), and National Board Service. In October 1994, Panamas legislative assembly approved the amendment which prohibited standing military forces but it allowed temporary establishment of police units of counter acts "external aggression". Even though Panama signed the agreement of the amendment money laundering still remains a problem even though reforms in 2000 intended to strengthen cooperation against international financial crimes.

Crime Rates, & Public Opinion
Crime rates have increased in Panama according to La Prensa. There were 200 murders in the first five months of 2008. The homicide rate in Panama is the the second to lowest in Central America with Cost Rica having the lowest crime rate of murders. Panamaians stated that they felt less safe in Panama than before. Meaning that before they felt more safe in their country.Reporters have reported that crime rates against visitors have been rising. On March 30, 2008 La Prensa reported that there were 429 crimes against visitors in Panama in 2007. As you can see over the years there has been an increase of 100 more cases being reported to La Prensa. The tourism institute in Panama report that out of every 10,000 visitors at least three crimes get reported. At the end of March 2008, there were 69 crimes reported against tourists. Out of the 69 crimes that get reported 42 were theft, 16 were armed robberies and the 11 left were either fraud or financial crimes. Some other crimes that occur in in Panama are drug trafficking, street gangs and kidnappings. Crime is scarce outside of certain parts in Panama City where robberies are common. International drug smuggling is a problem in areas near the border with Colombia. Drug cartels, however, are not reputed to maintain bases within the republic. All the regimes have been able to contain social tensions without endemic violence. Panama has a civil law system.* During the judicial review, international laws are considered in the rulings.

Family Law
Panamanians marry only one spouse at a time. Divorce is permitted under liberal terms by the Civil Code. Couples of African descent on the Atlantic coast tend to live together without marrying. These unions frequently dissolve as men and women may find new partners during the weekly pre-carnival Congo dances.The ideal family for most Panamanians is the nuclear family of a married couple and their children. All the property is inherited equally among all heirs from both parents. In Panama the Civil Code provides for a similar system. In the absence of a will, a deceased widowed man's property goes equally to all his children, male or female.

Human Rights & Social Inequality
Some recommendations that were suggested to the government of Panama (ratification of International human rights stamdard) were: "To ratify the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights which was opened for the signature in September 2009, and the Opitional Protocol to the Covenant against Torture and other Cruel, Inhumann or Degrading Treatment or Punishment. To ratify the International Convention for the Protection of All Persons from Enforced Disapperance, signed on September 25, 2007, making the declarations in the articles 31 and 32, and to implement it in national law, in accordance with conventional and customary international law".

title: Comparative law and justice/Panama


text:
Comparative law and justice/Costa Rica

Part of the Comparative law and justice Wikiversity Project

Brief History
Archaeological evidence has proved that civilization had existed thousands of years before Christopher Columbus arrived in 1502. When Columbus arrived to Costa Rica, there were four distinct indigenous tribes present; Caribs, Borucas, Chibchas, and Diquis. As Spanish colonialism began to present itself the indigenous tribes started diminishing in number. Costa Rica was settled in 1522, for almost three centuries Costa Rica was part of the Captaincy of Guatemala under military governor. In 1821 Costa Rica joined other Central American provinces in a Joint Declaration of Independence from Spain. After much regional dispute, Costa Rica claimed itself a sovereign in 1838. Until 1948, Costa Rica was in an era of peaceful democracy when Jose Figueres led an armed uprising in a disputed presidential election, leading to a 44-day civil war. Figueres became a national hero due to his achievement of guaranteeing free elections with universal suffrage and abolition of the military. Figueres won the first election under the new constitution in 1953 and sense then Costa Rica has had fifteen elections..

Demographics:
Costa Rica, officially called Republic of Costa Rica. Costa Rica's estimated population is approximately 4,640,000 as of 2010. The population consists of Whites (94%), Black/Afro-Caribbean (3%), Native Americans (1%), Chinese (1%), and other (1%). The official language of Costa Rica is Spanish, with various people also speaking English

Geography:
Costa Rica can be found in Central America with its captital being San Jose. Costa Rica is bordered by Panama to the east and south and Nicaragua to the north. The Pacific Ocean (west and south) and Caribbean see (east) also form the borders. Costa Rica is approximately 19,977 sq mi including landmass and water. Some key landmarks include Cerro Chirripo (highest peak), Irazu Volcano(Highest volcano), Lake Arenal (largest lake) and Calero Island (largest island).

Climate & Terrain:
Costa Rica has a consistent climate of tropical and subtropical year round, varying with location. Their climate can be divided into two seasons, winter (wet season) and summer (dry season)depending on the amount of rainfall. Their mean annual temperatures can vary round 80 degrees to 69 degrees ◦F. Temperatures may vary depending on location. Costa Rica's terrain can be considered rugged.

Religion:
The official state religion is Catholicism. The Constitution provides, however, for freedom of religion, and the Government generally respects this right in practice. A 2004 University of Costa Rica study found that 47 percent of the population identified themselves as practicing Catholics, 25 percent considered themselves nonpracticing Catholics, 13 percent said they were evangelical Protestants, 10 percent reported that they did not have a religion, and 5 percent declared that they belonged to "another religion."

Economy:
The official currency is the Costa Rica Colon (CRN). Costa Rica's GDP is approximately 38.27 billion as of 2010. The GDP per capita was about 6,900 as of 2009. The unemployment rate as of 2010 is estimated at 6.7%. . The natural resources occurring in Costa Rica consist of; hydroelectricity, forestry, and fish. Their major imports contribute to about 10.87 billion dollars, with exports contributing to 8.847 billion dollars.

Health:

 * Infant mortality rate: 9.45/1,000

 * Life expectancy(men): 75 years of age

 * Life expectancy (women): 80 years of age

Education

 * Grades levels 1-6 : 99% attendance

 * Grade levels 7-9: 71% attendance

 * Literacy level: 96%

Basic Formations:
Costa Rica government is regarded as a democratic republic. Their constitution that was written in 1949 and divides the government into an executive branch( includes the President and two vice presidents), the legislature branch (includes 57 members of the National Assembly) members are elected every four years, and the judicial branch(22 magistrates elected by Legislative Assembly) The Legislature is the primary source for law, they pass and approve them. The laws must then be published in the of ficial gazette and can be accessed via internet by citizens. Costa Rica's highest court, the Supreme Court is separated into four groups dealing with different laws: Constitutional law, Criminal law, Civil law, and Merchant law. The seventeen justices are selected by the legislature.The President and National assembly are elected by proportional representation, and are chosen every four years on the first Sunday of February.The voting age for Costa Rica is eighteen and if they are citizens of Costa Rica, they are required to vote in National Elections. The constitution declares equal rights for all citizens. The constitutional amendment that was created in 1969 allows the President to serve only one term of four years and the National Assembly to serve two consecutive terms of four years each.Political parties consist of: National Liberation Party, Social Christian Unity Party, Citizens Action Party, Libertarian Party, and smaller parties exist. "Costa Rica’s government includes the seven provinces that are in Costa Rica: Alajuela, Cartago, Heredia, Limon, Puntarenas, Guanacaste, and San Jose. These Costa Rican provinces are ruled by a governor who is appointed by the President. Then, the Costa Rican provinces are divided into 80 counties. And, a council elected by Costa Ricans governs each county. Counties provide Costa Ricans with Fire Protection, Sanitation, Water, and other important local services."

Judicial Review
Judicial review in Costa Rica is based on the Kelsen's Model of 1920 called, The "Austrian" (Continental-Constitutional Review) Model. "…whereunder constitutional matters are dealt with by specialized Constitutional Courts with specially qualified judges or by ordinary Supreme Courts or high courts or their special chambers (concentrated constitutional review) in special proceedings (principaliter). As a rule it is an abstract review, although a concrete review is also possible. In addition to the aposteriori review, a priori review is also foreseen. The decisions have an erga omnes effect with reference to the absolute authority of the institution by which they are taken."

The Judicial Branch plays a key role in ensuring Democracy among Costa Ricans. Articles one and two of the legal guidelines described in the Organic law of Judicial Branch  express the judicial review. “...Art. 1.- The Supreme Court of Justice and all other courts established by law constitute the Judicial Branch. In addition to the functions assigned to it by the Constitution, the Judicial Branch shall conduct trials on civil, criminal, juvenile criminal, commercial, labor, and administrative cases regarding property, constitutional, family, and agrarian matters, as well as others established by law. It shall make final decisions on such matters and carry out such decisions, with the help of law enforcement if necessary.” “...Art. 2.- “The Judicial Branch is only subject to the Constitution, the law, and its own decisions regarding matters within its competence. No other responsibilities can be imposed on it except those expressly indicated by legislative provisions. However, the superior authority of the Court shall prevail over performance of its duties to ensure that the administration of justice is swift and complete.”

Courts and Criminal Law
Costa Rica's court systems have a reputation for fairness. Their justice system determines the outcomes of each case by a single judge or a panel of judges. There is no jury system in the Costa Rican courts. The Supreme Court Judges are elected by the Legislative Assembly. Unless they are voted out by the Legislative Assembly they can serve consecutive terms of eight years. The Supreme Court Judges choose the judges for the civil and penal courts.

Structure and Hierarchy
"The Judicial Branch (Poder Judicial) of the Costa Rican government is made up of the Supreme Court, Appellate Courts and the Trial Courts which are charged with the administration of justice. The administrative rules for the judicial branch are set forth in the Ley Organica del Poder Judicial. "

"The Supreme Court is divided into four divisions as follows: Chamber I (Sala Primera) is presided by seven magistrates and it has jurisdiction over all civil and administrative matters. Chamber II (Sala Segunda) is presided over by five magistrates and has appellate jurisdiction over civil matters including family law, estates and labor law.  Chamber III (Sala Tercera) is presided over by five magistrates and hears only criminal appeals.  Chamber IV (Sala Cuarta) has exclusive jurisdiction over all constitutional matters."

Training & Requirements to Practice Law:
In Costa Rica there are public and private schools of law, varying with quality of education. This variation of of quality of education occurs because the Costa Rican Bar Association does not play a role of regulating the school's curriculum. University of Costa Rica School of Law is the only public institution of law. Once the formal education to practice law is complete one must be admitted as an Attorney to the Costa Rican Bar Association.

Punishment
In 2004 it was estimated that Costa Rica housed 176 prisoners per 100,000 of the national populations. Their total prison population was estimated at 7,616 out of the 6.6 million people occupying Costa Rica. Capital punishment is banned in Costa Rica and if the a person is sentenced to penitentiary then the amount of years must be stated. Serious and Minor crimes are punishable by a combination of fines and/or prison. Although judges make the final decisions, punishment is pre outlined by the penal code. Punishment can vary from fines, imprisonment, and house arrest depending on the crime. In Costa Rica there is at least one jail in each of the seven provinces,and four major correctional institutions (1.Maximum security for males, 2. Maximum security for females, 3. Juvenile institution for males, and 4. Co-Ed juvenile institution). The Ministry of Justice has authority over the prisons, and is managed by the Department of Social Adaptation. There is a typical ratio of one guard to every 20 inmates. "An inmate is also eligible to apply for benficio or benefit after 50% of the sentence has been served. This entitles the prisoner to move to an open or semi-open facility and to make a smoother transition back into civilian life." Inmates are able to participate in group therapy, training programs, educational programs, and vocational programs. Along with good behavior these programs may lessen their time in prison and help the transition back to life outside the prison. Although there is not much recreational activities provided, family visit, food, medical care, and religious needs are provided for each inmate." Prison conditions are considered generally fair, and they generally meet international standards. Prisoners generally receive humane treatment. Prisoners are separated by sex and by level of security." Narcotics and drug use are common among the prison population. Any Disparities among the prisons are investigated by the Ombudsman's office and serious case would be passed on to the public prosecutor. As of August 2000, the Ombudsman's office had received two complaints of physical abuse of prisoners by guards, and four complaints of psychological abuse; compared with six complaints of physical abuse and six complaints of psychological abuse in all of 1999." Crimes Punishable by Prison:
 * Misdemeanors= >1 years in prison

 * Felonies= 1-25 years in prison

 * Homicide= 15-25 years

 * Sexual violations of minors= 10-16 years

Crimes Punishable by Fines:
 * Traffic offenses

 * Drunk Driving

 * Fist fights

 * Threats

 * Cruelty to animals

 * Slander

 * Illegal fishing

Legal Enforcement
Costa Rica abolished its military on December 1, 1948 and was stated in the Constitution in 1949 under Article 12. The Costa Rican president of 1986 acknowledged the first day of December Military abolition day (Law #8115). Since then Costa Rica has shifted its military budget to funding security, education, and culture. Present day research has found that there are less than two active troops per 1,000 citizens and less than 1% of their gross domestic profit is contributed to the military. It can be assumed that military would be presented if Costa Rica was in need of self defense and peacekeeping and why we see Costa Rica as being considered having conscription (if needed). Due to the abolition of the military, Costa Rica can be categorized within the Civil Police Model. This model explains the complete separation of police and military.

Legal Personnel
In 1996 Costa Rica shifted from a decentralized multiple uncoordinated system to a more centralized single system. The Ministry of Public Security consolidated  the Civil Guard, Rural Assistance Guard and Frontier Guards into a single entity called the Public Force. They operate under the Ministry performing ground security, law enforcement, counter-narcotics and border patrol. Besides the Public force there is a small group called, Special Intervention Unit. This group is not part of the Public Force, but participates with Intelligence and Security Directorate. They report directly to the Minster of the Presidency. "The amount of power allowed the police force is limited by the constitution and the desire of the people to protect their rights. Use of force is limited to that amount necessary to take control of a situation; deadly force is employed only when the officer's life or public safety is at stake. Officer normally carry either a .38mm or a .45mm firearm. They may also carry nightsticks or batons and handcuffs. Officers must have orders from a judge, probable cause, or catch the person in the act in order to carry out an arrest. However, there is some leniency in the use of the term "probable cause." Police do not make the decision whether or not to enter a detainee into the correctional system. They merely transport the offender and it is left to the judge to further process or release the person. They do not normally handle preventative measures but can decide to use cautioning approaches based on the circumstances. Arrests are seldom conducted without properly issued official warrants. An officer may act on his suspicions if he thinks they can be proven and then property may be freely inspected. A planned search requires a court-issued warrant. During the initial questioning of a suspect, the police may advise the use of a lawyer if the crime is considered serious. Normally, the investigative questioning and research is not done by the police, but by the Justice department. Testimony made by the defendant to the police cannot be used as evidence. and since the defendant is not considered a witness, he is not required to testify under oath." The Public Force police mainly deal with crime and keeping the peace among citizens. Costa Rica being among Central America is classified as having a corruption index of 5-59 among their law enforcement personnel, which can be considered moderate compared with other countries.

Crime Rates and Public Opinion
The Latin American region (including the Caribbean) is ranked among other regions as being one of the most violent regions in the world. The Latin American region has twice the homicide rate  then U.S. The regional homicide rate for Latin America is 20 per 100,000 people. Comparatively speaking within Latin America, Costa Rica's homicide rate was 5.7 per 100,000 people in the late 70's and early 80's and 4.1 per 100,000 in the late 80's early 90's. These statistics much like other lack accuracy due to many factors. These factors include such things: Underreporting by victims, lack of systematic survey data, and the deficiencies of the statistical agencies reporting on the incidence of crime and violence. Some current issues going on in Costa Rica today are, trafficking and use of illicit drugs. " transshipment country for cocaine and heroin from South America; illicit production of cannabis in remote areas; domestic cocaine consumption, particularly crack cocaine, is rising; significant consumption of amphetamines." Currently Costa Rica is facing the transitional issue of trafficking in persons. " Costa Rica is a source, transit, and destination country for men, women, and children trafficked for the purposes of commercial sexual exploitation and forced labor; women and girls from neighboring states, Russia, Uzbekistan, and the Philippines are trafficked into the country for sexual exploitation; Costa Rica also serves as a transit point for victims trafficked to North America and Europe; the government identifies child sex tourism as a serious problem; men, women, and children are also trafficked within the country for forced labor in fishing and construction, and as domestic servants." Costa Rica is on the Tier 2 Watch list for its inadequate government involvement for trafficking of in persons, although Costa Rican officials have acknowledged this as a severe problem.

Typical Crime Statistics (2002-2003):
 * Car thefts: 4,385 per 100,000
 * Assaults: 2,284 per 100,000
 * Drug offences: 1,099 per 100,000
 * Frauds: 1,849 per 100,000
 * Kidnappings: 16 kidnappings
 * Manslaughter: 552 per 100,000
 * Murders: 254 per 100,000
 * Rapes: 633 per 100,000
 * Robberies: 19,293 per 100,000
 * Total crimes= 40,263
 * Total crimes (per captia)=11.9788 per 1,000 people

Family Law
After researching family law, it seemed as though women, men, and children have equal rights to property, medical care, education and etc. Although this information is variable to lack of available resources, it is evident that Costa Rica has an egalitarian society for its citizens comparable to the United States.

Marriage:
A civil marriage in Costa Rica can be performed by a notary public, but certain documentation is required. The bride and groom must both present a Certified Birth Certificate, a Certificate of current Martial Status (this can be achieved by a sworn affidavit), and a copy of the picture page of their passports. At the actual ceremony the bride and groom will have to provide two witnesses who are not relatives. After all documentation is presented and the wedding date is set, the Notary Public will then officalize the marriage at the ceremony. After the marriage is official, the Civil Registry of Costa Rica will process the documentation. This process usually takes about three to four months to be recorded and a Marriage Certificate will be issued. This is the official proof that the marriage is recorded.

Divorce:
Having a strong influence on Catholicism, Costa Rica’s divorce procedure is much different compare to the United States. The first step in the procedure would to find a lawyer who understands the divorce procedure in Central America. If you are a citizen of Costa Rica or are married to Costa Rican then you must follow the divorce laws of Costa Rica. Under Costa Rican law, the Divorce procedure is quite long compared to some countries- a couple must wait three years to obtain a divorce. Marriage like divorce is taking very serious in the country and it is expected for a couple to stay married for three years before obtaining a divorce. In cases of divorce the Costa Rica government is very sensitive to children. If the children were born in the country and after the divorce one parent decides to leave the country, they must pay child support and other funds before leaving the country. The government will not let you leave the country unless all support is paid and can be paid for thirteen months in advance. Women in this country are usually favored in the divorce realm and in domestic cases the women most likely prevail over the men.

Adoption:
In Costa Rica there are two forces regulating adoption. The Hague Convention is an international convention of participating countries that ensure the best interest and safety of the child throughout the adoption process. There is also the PANI which is Costa Rica’s internal institution regulating child welfare. In this country they will not permit any private-direct- adoptions and there are no exceptions to this rule. All adoptions are screened and regulated by PANI, and children less the five years of age (unless they have relation to a sibling being adopted) are not to be adopted. The requirements set out by PANI are very strict and must be carried out before adoption can take place.

Inheritance:
"The Costa Rican Civil Code sets forth the requirements for drafting a valid Will in Costa Rica.  If the Will is drafted in accordance with the required legal formalities then it will direct the disposition of a persons property at their death.  The most common form of Will in Costa Rica is the Notarized Will.   This Notarized Will must be drafted in Spanish and is generally drafted by your Attorney and must be signed in the presence of the Notary Public and at least 3 witnesses.  If you do not read Spanish then the the will must also be signed by at least  2 other  witnesses who can translate the will for you.   A Will can also be executed without a Notary Public if it  is hand written by the testator and witnessed by at least 4 witnesses.   If it is not handwritten by the testator then 6 witnesses must attest to the Will. "

Human Rights
The fundamental rights that are protected by the legal system include:
 * Arbitrary or Unlawful Deprivation of Life
 * Disappearance
 * Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
 * Arbitrary Arrest or Detention
 * Denial of Fair Public Trial
 * Arbitrary Interference with Privacy, Family, Home, or Correspondence
 * Freedom of Speech and Press
 * Freedom of Peaceful Assembly and Association
 * Freedom of Religion
 * Freedom of Movement Within the Country, Foreign Travel, Emigration, and Repatriation
 * The Right of Association
 * The Right to Organize and Bargain Collectively
 * Prohibition of Forced or Compulsory Labor
 * Prohibition of Child Labor and Minimum Age for Employment
 * Acceptable Conditions of Work

Social Inequality
"While the government generally respected the human rights of its citizens, the following human rights problems were reported: prison overcrowding in certain facilities; inadequate prison medical services in general; substantial judicial process delays, particularly in pretrial detention and civil and labor cases; antiquated libel laws and excessive penalties for violations; domestic violence against women and children; child prostitution; and child labor."

license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/

title: Comparative law and justice/Costa Rica


text:
Comparative law and justice/Gabon

Part of the Comparative law and justice Wikiversity Project

Annedickson 17:03, 16 September 2010 (UTC)>

Basic Information
All information in the Basic Information section is taken from:

Official Country Name: The Gabonese Republic

Capital: Libreville

Geographical Data

Gabon is located in Western Africa

Climate: Tropical, hot, humid

Landscape: Coastal plains, hills, and savannas to the east and south

Area: 267,667 square kilometers/ 103,347 square miles

Borders: The Republic of Congo, Equatorial Guinea, Cameroon, and the Atlantic Ocean

Capital City: Libreville

Significant Landmark: Mont Iboundji

Significant Environmental Issues: Deforestation and poaching

Population

1.5 million

% of Population under 14 years : 42%

% of Population between 15 and 64 years: 54%

% of Population over 65 years: 3.9%

Growth Rate: 1.9%

Males: Approximately 752,764

Females: Approximately 762,349

People

Ethnic Groups: Bantu groups, the largest of which include the Fang, Bapoundou, Nzebi, and Obamba. There are about 154,000 French people living in Gabon and 11,000 people who identify with dual nationality.

Languages: French, Fang, Myene, Nzebi, Bapoundou, Eschira, Bandjabi.

Official Language: French

Main Religions: 55% - 75% practice Christianity, less than 1% practice Islam, and the remainder practice animist religions.

Brief History
The area that is now Gabon was first populated by people of the Bantu tribes who migrated from areas that are now called Cameroon and eastern Nigeria. The first Europeans to reach this area were the Portuguese, in around 1470, and were followed over the next few hundred years by the Dutch, the English and the French. It was the French who involved the area in the Transatlantic Slave Trade until 1815; almost 40 years later, the French signed a treaty with Denis, the King whose power extended all along the coast and into the interior, making Gabon part of France's territory - in return, the Gabonese received French protection from the slave trade (which France by now had abolished). After having been explored by Europeans for a number of years, Gabon eventually became in 1910 a French colony, part of French Equatorial Africa.

The remained a French colony until 1958, when Gabon was voted in a referendum to become an autonomous republic within the French community. Under a new government led by Leon Mba, Gabon became officially independent again in 1960, with Mba voted as president in February 1961. Due to tension and opposing politics with Mba, his foreign minister Jean-Hilaire Aubame led a successful coup d'etat against the Mba government on February 18, 1964. However, only one day later, Mba was reinstated into office.

After Mba's death in 1967, he was succeeded by his Vice President, Albert-Bernard Bongo (whose name changed to Omar in 1973 due to his conversion to Islam), who continued to be reelected, sometimes without opposition, until his death. Gabon's political party system underwent changes and others ran for president in various parties, however, Bongo continued to be reelected, despite many rival's creation of separate political parties or governments. Gabon's resources were heavily exploited, and Gabon became part of OPEC and set aside 10% of the country's area as part of the Congo Basin Initiative.

Omar Bongo died in 2009 after having served what was then the longest presidential term Africa had seen since the nations declared independence, and was succeeded by his son Ali-Ben Bongo, through an election process that was denounced by opposition leaders (who said it was rigged to keep the government in the Bongo family) but declared fair by Gabon's Constitutional Court.

While Gabon enjoys having a larger income per capita than many African nations due to its rich resources, one of which is oil, most of the Gabonese people still live in poverty, and there is a large income gap between the wealthy and the poor. Gabon has also been one of the most stable African nations, with just one coup d'etat that was resolved in one day, however, there are always speculations of corruption from the Bongo family, and government-influenced newspaper closures.

Economic Development, Health, and Education
Economic Information:

Monetary Unit: CFA - Communaute Financiere Africaine

GDP: $21.16 billion

GDP Growth Rate: -1.1%

GDP Per Capita: $14,000

Per Capita Income: $7,240

Industries: Petroleum, natural gas, manganese, niobium, uranium, gold, timber, iron ore, and hydrapower

Exports: Crude oil, timber, manganese, uranium

Export countries: Russia, China, the United States, and France

Imports: Machinery, foodstuffs, chemicals and construction materials

Import countries: France, the United States, China, the Netherlands, Belgium, Italy and Cameroon.

Unemployment Rate: 21%

Health Statistics:

Life Expectancy: Males = 59 years; Females = 62 years

Birth Rate: 33.57 births per 1000

Infant Mortality: 51.78 out of every 1,000 live births

HIV/AIDS prevalence: 5.9%

Threatening Diseases: Malaria, diarrhea, Hepatitis A, Typhoid, Schistomiasis, rabies, Chikungunya.

Education Statistics:

Literacy Rates: Males = 73.7%; Females = 53.3%; Total Population = 63.2%

Universities: The capital of Libreville hosts seven universities, while Franceville has three and Owendo has one, giving Gabon a total of 11 universities.

Language of Instruction: French

All information (unless otherwise cited) in the Economic Development, Health and Education section is taken from:

Governance
Type of Government:

Gabon is a democratic republic, but a semi-presidential republic. There is a president, a Prime Minister, a Parliament and other branches of government. That they are a democracy implies people vote to elect the President, yet some Presidents have acceded into power.

Organization of Government:

President: Ali ben Bongo Ondimba, Chief of State Prime Minister: Paul Biyoghe Mba, Head of Government Cabinet: Compromised of a Council of Ministers that the Prime Minister appoints, with input from the President

The Government is broken up into three branches: the Executive (the President), the Legislative, and the Judicial. The Legislative Branch is the Parliament, which is comprised of a National Assemply and a Senate. The Judicial branch is comprised of many different courts: The Constitutional Court, Court of Cassation, Counsil of State, Court of Accounts, Court of Appeals, Provincial Court, High Court, and other sub-courts.

Constitution:

The current Gabonese constitution was adopted on the 14th of March, 1991.

The link to the Constitution, written in French (the official language of Gabon): http://democratie.francophonie.org/IMG/pdf/Gabon.pdf A link to a Google-translated version of the Constituion: http://translate.google.com/translate?hl=en&sl=fr&u=http://democratie.francophonie.org/IMG/pdf/Gabon.pdf&ei=26O4TKrGEoKisQOxgp3mDg&sa=X&oi=translate&ct=result&resnum=8&sqi=2&ved=0CD8Q7gEwBw&prev=/search%3Fq%3Dgabon%2Bconstitution%26hl%3Den%26prmd%3Div

The constitution explains which branch of the government has which rights, and what powers they have as three separate entities.

Elections
History:

After gaining independence on 17 August 1960 from France, after having been a French colony, the first president, Leon Mba, was acceded in 1961. After his death in 1967, Mba was succeeded by Albert Benjamin Bongo. In 1973, 1979, and 1986 El Hadj Omar Bongo Ondimba (as Albert Benjamin Bongo became known after his conversion to Islam in 1973 and taking of a Muslim name ) was re-elected into office, through a single-party system. In 1990 there was a National Conferene that established am multi-party system, allowed heads of multiple parties to run for office. However, in 1993, 1998 and 2005, El Hadj Omar Bongo was elected again each time, even with the addition of multiple parties and thus multiple candidates. .

After Omar Bongo's death in 2009, the President of the Senate, Rose Francine Rogombe became interim president, according to the consitutional amendment that explains what to do in case of an empty office. In AUgust of 2009, new elections were held that elected the former president's son, Ali Ben Bongo Ondimba into office as the new president with 41.7% of the popular vote.

Currently Gabon's Presidents are elected by popular vote, and whoever receives the highest percentage of votes is elected President, out of the handful of candidates running for each of their parties.

Gabon has universal suffrage for all people over the age of 21 years.

Judicial Review
The Judicial Branch of the Gabonese government is comprised of many courts with different responsibilities. The Judicial branch is independent of the Legislative and Executive branches. The following is a list of the courts and their basic responsibilities.

Constitutional Court: the highest court that "dispens[es] justice on behalf of the Gabonese people."

Court of Cassation: Decides on cases involving social, criminal, commercial and civil cases. It is the highest court in which to do so.

Council of State: The Judicial branch that deals with administrative issues, it is the highest court to deal with these kinds of problems.

Court of Accounts: This court deals with any problems or potential issues and reviews of public finance, such as checking and auditing accounts and accountants, and keeps a communication open with the legislative and executive branches.

There is also a Constitutional Chamber of the Supreme Court, which handles any judicial reviews of the legislative acts.

Legal System Overview

The legal system of Gabon is based off of French civil law and their own customary laws. Civil law is a family of law that relies heavily on the codification and publication of laws, making them legible and accessible. Not much emphasis is based on precedent or judicial review, and trials are of an inquisitorial nature in civil law families. That Gabon subscribes to civil law that is based off the of French system, Gabon must have these elements; however, it also has its own customary laws to consider. These are based on the values and traditions of the Gabonese people (whose history far pre-dates any interference of the French) and are probably only a small part of the system as a whole.

Courts and Criminal Law
In Gabon, there are many levels and types of courts. First there are the lower courts, where initially the cases are brought. Next is the appeals court, and lastly is one of the many Supreme Courts. There are Supreme Courts for all different types of crimes or situations, and all the Supreme Courts together make up the judiciary branch of government. The Supreme Courts are the Judicial, the Administrative, The Accounting, Constitutional and of State Security. Le Cour de Cassation (The Judicial Supreme Court) is the highest level of court that deals with the cases received from the Appeals Courts that include criminal, civil, social and commercial situations, and there is a chamber for each of the previous categories. Le Conseil d'Etat (The Administrative Supreme Court) is essentially the body for judicial review, either the review of the actions of the executive branch in accordance with the law, or, with a special advisory section, while it is still being drafted to ensure the legality before the bill is signed. Le Cour des Comptes (The Accounting Court) is to audit or monitor the government finances and maintain or control situations that arise from the audits. The Constitutional Court is made up of nine judges who are selected by the executive branches, is to maintain the constitutionality of the laws before they are passed, and also to make sure they are constitutional in practice. The Court of State Security - This court is never in use unless the President, Prime Minister, or other high executive power has violated oaths or rights, has been treasonous, or is in place to be impeached. If none of these situations are going on, this court does not exist.

While there is no information specifically for Gabon as far as how lawsuits are carried out, their court systems and legal systems are based off of French Civil Law, which leads investigatory trials. If Gabon does indeed model their trials off of the French version, their trials neither presume guilt or innocence but are designed to find that out, in the ultimate truth of the case. In France, the accused has the opportunity to speak but is not forced, although his or her silence may be interpreted by the judges or jury however they wish. In French and other civil law courts, juries are only present in trial court levels - they may become involved and ask questions, and their responsibility as jurors is to determine the accused's guilt or innocence, not to sentence.

Punishment
Gabon's main punishments are in the form of imprisonment and fines. Arbitrary arrest and detention are prohibited by the constitution, and the police have 48 hours to charge the suspect before they technically cannot hold him or her any longer. Unfortunately, this is often overlooked and people are often detained for far longer than the 48 hours without being charged. Detainees have a constitutional right to a quick trial, and their pre-trial time in jail is limited. They are allowed to be detained before their trial for 6 months if they have supposedly committed a misdemeanor, or for up to one year for a felony - however, the presiding judge can extend this, and often does. It is estimated by the Attorney General's Office that around 40% of the people that make up the Gabonese prisoners are actually there awaiting trial, not serving out a sentence. Arbitrary arrest, detention and torture are technically illegal, although all are commonly used. Corruption and inefficiency are problems of the judiciary and police forces.

There is a lack of information available for the general prison sentences and fines given to prisoners. For example, there are no public sentencing guidelines that state how long a person will be sentenced to or how much money they will have to pay in compensation, in general, for certain crimes such as murder, rape, or theft. This could be for the same reason that there are very few public crime statistics for the country - record keeping inadequacies, either due to lack of technology or a feeling that the crime rates and imprisonment statistics do not need to be publicized.

Arbitrary arrest, detention and torture are technically illegal, although all are commonly used. Corruption and inefficiency are problems of the judiciary and police forces.

Capital Punishment:

Capital punishment (i.e. the death penalty) was abolished in 2007, per request of the the President at the time, Omar Bongo Ondimba. The reasoning for the abolishment is that it was about time, considering they hadn't used the death penalty in the last twenty years. Forced exile is another punishment that is not allowed, and does not occur.

Human Trafficking:

Human Trafficking: Gabon is listed as a Tier 2 country, meaning it has preventative and prosecuting policies that are effective but considered inadequate. The crime of child trafficking has a punishment of five to fifteen years and a $20,000 to $40,000 fine. Forced labor is punished by one to six months in jail and a $700 to $1400 fine. Forced prostitution is punished by two to ten years in prison.

Prisons:

Conditions in Gabonese prisoners are very inadequate, to the point of being called "life-threatening." There is very poor sanitation and ventilation. There is hardly any medical care for prisoners. Prisoners also have a small and poor supply of food. Men, women, and juveniles are all kept separately, and pre-trail detainees are kept separate from those serving out their sentences post-trial. While the government does not get in the way of visits by human rights monitors for prisons, as of 2001 there were no recorded visits by a monitor for prisoner's rights. Gabonese prisons are very substandard, dangerously so, and "decent food, basic sanitation, legal counsel, family members, and appropriate medical care" are often flat-out denied.

Legal Personnel
The Gabonese follow a French Civil Law system. Therefore their legal personnel are comprised of advocates (defense attorneys, prosecutors, etc.), and the magistrate (the trial judges and investigating judges). Other legal professionals include the sheriff bailiffs present at the trials, the corporate legal advisors, and the public notaries. All of the previously mentioned legal professions are obtained after an education process that begins with high performance in the high school level. At university, one must obtain what is known in Gabon as the First Degree. For students going into legal professions, the first degree is called the License en Droit (which is roughly translated as a License of Law), which is completed after three years. One must obtain this License en Droit to be accepted into professional schools, where they can get their Maitrise (Masters), DEA or Doctorate. All legal professionals currently practices are the decision-makers for new members to their profession, and are essentially recruiters. Those looking to be career judges, however, must also complete two years of training and an internship at the National School of the Magistracy.

Although there is no information available that states responsibilities specific to Gabon, the responsibilities of defense attorneys and prosecutors in civil law countries is essentially to defend the suspect or prove his/her guilt (respectively). Judges in civil law courts lead the courtrooms, and their responsibilities are to supervise the proceedings and ask questions to continue the discussion - in civil law, judges mainly continue the investigatory process to determine guilt or innocence. They are also responsible for making sure that the rights of the accused are protected, and also for determining how exactly the investigation will be conducted, and which investigatory methods and tools are allowed int he proceedings.

Law Enforcement
Basic Information:

Gabon does not have much information found on reliable sources regarding the specific makeup and structure of its military or police. The military has police sections, but emphasis is placed on the military's and police's internal work, and not on offensive actions. Therefore, a potential reason for the lack of public information is that unless you are a Gabonese adult wishing to join the military or police forces, there has not been a need to make this information publicly available.

Military:

Gabon's military consists of 8,000 members. The military is broken up into the sections of army, navy, air force, gendarmerie, and national police. There are also French troops continuously placed there. In addition, a 1,500 member section of the military is strictly for Presidential guarding. The military of Gabon is aimed towards defense of the nation, and not offense; essentially, the military is for the protection and safety of Gabon internally and in case of a foreign attack, but its aim is not to take an offensive approach. There is not draft or compulsory service in the military, and one has to be 20 years old in order to join.

From this information, one can conclude that Gabon's law enforcement falls under the same category as its former colonial power, France; they must follow a multiple coordinated (meaning many sectors that work together) and centralized (meaning that all sections of police forces are Gabonese, not particular to a city or province) law enforcement system. Because they have police forces as part of their military, they must have a State/Police Model of policing, where there is still some separation of Police and Military but they work closely together. While the police forces are technically part of the military, the military is not the police or vice versa; because of the many specific sections of the military and that the gendarmerie and the national police are separate entities, one concludes that each section, the military branches and the police forces, have their own independent purposes.

International Law Enforcement:

Gabon is a member of INTERPOL, the largest international police organization. . In October 2010, Gabon, along with the other member countries of the Central African Police Chiefs Committee, met with INTERPOL to continue working on peacekeeping. The annual conference is to continue to search for and improve solutions for fighting crime nationally, regionally, and internationally. .

Crime Rates and Public Opinion
There is very little information available in reference to the crime rates in Gabon. Searches throughout the data charts at international organization sites resulted in almost no information. Not only are there no sources immediately available for information regarding crime, there are also no sources found about the opinions or feelings the public may have towards the extent of crime in their country.

However, while none of the information supplied is hard evidence or data, there are travel sites that allude to the crime prevalence in Gabon, particularly the cities. It seems that the most common form of crime is petty theft, robbery, and burglary, while assault between locals is also common; assault on foreigners is far less common. While the only violent crime mentioned as having a prevalence is assault amongst locals, sometimes politics can create a public discontent which have led to violent protests in the past. Sexual assaults have not been reported recently, although theft and armed robbery have been. Other forms of crime that are noted are non-violent in nature, such as credit card fraud and scamming. Travelers to Gabon should keep their ATM and credit card usages to a minimum to avoid such crimes. Carjacking is also alluded to as being of some prevalence, although petty theft is more common. Other crimes briefly mentioned are official corruption, bribery, and the selling of illegally obtained goods. Travelers and tourists are advised to keep valuables away in a safe place and essentially not to display any wealth. Other safety measures include staying away from unfamiliar areas, especially after dark, and to use accommodations that have decent safety standards. The travelers' information websites that supply this information are basing their findings on crimes against foreigners.

Gabon's police reporting is often slow, and bribes are apparently asked for occasionally as there is a certain level of corruption amongst officials. Police response is also slow, investigations are often closed and remain that way, and prosecuting someone for a crime is a slow process. Bribery is often asked for by the police at police checkpoints or roadblocks (travelers are warned not to pay the bribes). .

Gabon's law system is based off the of French civil law and customary law. There is a Constitutional Chamber of the Supreme Court, which reviews all legislature. They have a constitution, in effect since March of 1991, and an executive branch (which includes a President and a Prime Minister along with their cabinet), legislative branch and judicial branch. Their judicial branch has a Supreme Court, a Constitutional Court, Courts of Appeals, Court of State Security, and County Courts.

Gabon following a legal system of the French civil law and customary law is due to their status as a former colony of France. They use the French legal system but include customary laws which are Gabonese, and not influenced from the French.

Family Law
Marriage in Gabon

Polygamy is a legal practice in Gabon, although according to the UN Human Rights Committee should be heading towards and is being pushed to abolishment. At the time of marriage, the couple has to legally announce and declare whether they are going to be a monogamous or polygamous couple. However, the laws only allow men to have more than one wife, and are limited to four wives. Because men are allowed multiple wives and women are not allowed multiple husbands, the UNHRC believes that the practice should be abolished because it violates equal rights for women. Marriage is also only between men and women.

It is not illegal to marry persons of differing religions in Gabon, which also means people can marry across ethnic lines. Foreign women marrying Gabonese men can declare their own nationality, they do not necessarily have to become Gabonese. Girls are usually rather young when they are married and begin having children young as well - while contraception is legal, information about it is not widespread. There is a lower percentage of girls in school in their late teen years than boys in their late teens.

Women's rights within in a marriage used to be very restricted. While more liberal today, there are still some customary or legal guidelines placed on a Gabonese marriage. According to a Civil Code, a wife must obey her husband; but, according to custom, a husband is responsible for protecting his wife. Also, all forced marriages and marriages between people considered "early" (i.e., the two in question were two young) are all illegal.

Divorce in Gabon

Divorce is legal in Gabon. For monogamous married couples, there is a common property law that says, when the couple decides to divorce, all assets must be split evenly between the two people in the marriage. However, polygamous marriages leave the women with a severe decrease in property if the wives are to leave their husband. The wife who leaves is not entitled to property from the marriage, which is another reason the UNHRC wishes to push for an abolishment of polygamy, as it undervalues the rights of women in divorce proceedings. Either spouse can file for divorce - there are no gender restrictions as to who can initiate divorce proceedings.

Gabon formerly had a 'paternal authority' about who would receive the children in case of divorce, but now the placement of children is different. If the children are under the age of five years old, they automatically go to the mother. Children over the age of five are placed with the parent who can best "exercise the right of parental authority," although guidelines or rules as to how that characteristic is determined were not specified.

Inheritance Rights

According to the report done by the UNHRC on Gabonese laws and their violations or support of equal rights, inheritance laws are written but are not always followed (and, when that happens, the situation is not often exposed). Traditional customs differ with the actual laws, and a balance is hard to reach. Technically, if a woman's husband dies before her, she is entitled to all his property and financial assets. However, the deceased husband's family usually contests this, although what actually becomes of such a disagreement is not clear. Also, dowries (a payment the bride's family makes to the groom's family at the time of the wedding, essentially a compensation for the marriage) were technically abolished in 1961, but are still widely practiced as they are tradition.

Gabonese Children

Gabon does not restrict work with international organizations for human's right, and it works with UNICEF (the United Nations Children's Fund). Gabonese children are technically required to attend school until the age of 16, and the government makes an effort to spend money on building new schools, giving out scholarships, and paying teacher salaries. However, school is very available up to the 6th grade - after that, it is unspecified as to how accessible schooling is. Non-citizen children living in Gabon are exploited and often victims of trafficking. Gabon is home to refugees or trafficked children from Nigeria, Togo, and Benin who are underfed, not paid, often abused, and put to work for long hours. Gabon is working with UNICEF to help the child victims. Gabon does have child labor laws, including that children can not work under the age of 16 without going through a very long legal process, however, child labor still does occur and makes up a large portion of the informal labor force. A large problem is that the investigating services and prosecutors are highly inadequate, and often claims or reports of child labor go without ever being investigated.

Women's Rights

According to Amnesty International, women's rights are an issue in Gabon. According to AI, the civil code of law has terminology that indicates "discriminatory wording on marriage, divorce, child custody, the minimum age of marriage, equal inheritance rights, and rights under polygamy" as well as inadequate support for issues facing women such as domestic violence (illegal yet underreported and common), rape (also illegal but rarely prosecuted), and sexual harassment and threats.

Social Inequality
The Ba'aka

The Ba'aka people are technically given the same rights and freedoms as other Gabonese citizens, although they often face discrimination. They tend to stay in their own communities and abide by their traditions and their own form of governance. According to Amnesty International, they have a difficult time gaining access to the public services (such as education, health care, and legal services) that other Gabonese citizens have no trouble with. The Ba'aka often face mistreatment and exploitation with no explanation other than their ethnic identities.

AIDS/HIV patients

Gabonese citizens living with AIDS and HIV, regardless of ethnic identity, sexual identity or gender, are legally but not socially considered equal. They often face prejudice and intolerance "socially, politically, and economically," because of the often misguided judgments made about sufferers of the disease and the virus. A little less than 6% of the adult population of Gabon live with AIDS. CIA WORLD FACTBOOK.

The Income Gap

Gabon has a very wide gap between the urban wealthy and the rural poor, with most of the Gabonese living in poverty. While there are no legal restrictions facing specifically the poor population of Gabon, poverty-stricken people everywhere have a difficult time accessing public services and legal aid. Refugees, part of the poverty stricken population, are often exploited and discriminated against, and there have even been reports of refugees having been killed by the Gabonese security forces.

Human Rights
Political Rights

Gabon has a controversial history with its politics, as the country has had only two presidents since independence from France, a father and son. Gabonese people have few and limited rights to free speech, and they cannot say much against the government or politicians and have a very limited impact on government change. The only daily newspaper is government owned, and the newspapers that do operate privately are rare, publishing irregularly, and are often shut down or delayed due to licenses revoked by the government. The government owned newspapers often publish negative views about the opposition party, but negativity towards the current government is quieted. Reporter's Without Borders ranks them 102 out of 169 countries surveyed, as to how free the nation's press is allowed to be and how much free speech the publications have.

Rights of Prisoners versus Rights of Security Forces

Arbitrary arrest is technically illegal, but apparently often done anyway. Prisoners technically cannot be detained without charge, tortured, or beaten, yet all seem to happen frequently. Torture and beatings are apparently common ways to get a confession from an arrested person. Often prisoners are refused the basic necessities such as food, sanitation, and medical care, as well as legal aid and family visits.

On the contrary, security forces are almost always safe from repercussions of various crimes, such as extortion, and have been known to use excessive beatings on prisoners and even the killings of refugees, all without consequence. According to Gabonese human rights activists, members of certain Gabonese security forces had killed many people thought to have been involved in the opposition party. Security forces of all branches can use their authority and power to extort those they can, such as non-citizens, refugees, prisoners, and political opposition.

Women and Children

Constitutionally, women have the same legal rights as men, although very little has been done to change laws that inadvertently or blatantly discriminate against women. Women have very little rights in their marriage, divorce, or inheritance proceedings. Domestic violence has become normalized violence, with little laws to deter perpetrators and little repercussions to those who abuse. Sexual harassment is common, and commonly not prosecuted. Rape is not commonly prosecuted, and there is also very little support for victims.

The most prominent issue for children is their involvement in the unofficial work force. Children trafficked in from Benin, Togo, Nigeria and Equatorial Guinea are in the workforce, and as they are trafficked into Gabon they of course have no legal standing. Women and children who are either trafficked into Gabon or are poor enough, and are involved in the unofficial working sector, "often receive physical abuse, substandard food, low pay, and no access to education of health care."

title: Comparative law and justice/Gabon