Egypt
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Expression, Including for the Press
The constitution provides for freedom of expression, including for the press, but includes a clause stating, “It may be subject to limited censorship in times of war or public mobilization.” The government frequently did not respect this right. Government failure to investigate or prosecute attacks on human rights defenders and peaceful protesters led to de facto restrictions on freedom of assembly and association. On June 10, a local human rights organization said authorities did not investigate police reports it filed after several attacks against its director between October and December 2019 that resulted in bodily injury to the director and theft of his car. On June 27, eight human rights organizations condemned a media attack against the director after he published a report on conditions in Gamassa Prison.
On February 16, the Supreme Council for Media Regulation issued executive regulations for the media law ratified in 2018. Among the regulations, newspapers are required to print their issues in Egypt at licensed printing houses registered with the council; news websites must host their servers in Egypt; newspapers must submit 20 copies of each printed issue to the council; and news websites and television outlets must keep copies all of published or broadcast material online for one year and submit a copy of their published or broadcast material to the council every month. The regulations also prohibit any recording, filming, or interviews in public places with the intention of broadcasting them on a media outlet without a permit issued by the council.
Freedom of Speech: Citizens expressed their views on a wide range of political and social topics. Nonetheless, the government investigated and prosecuted critics for alleged incitement of violence, insults to religion, insults to public figures and institutions such as the judiciary and the military, or violation of public morals.
Between March and July, authorities arrested at least seven doctors and charged them with membership in a banned group, spreading false news, and misuse of social media after they criticized the government’s response to COVID-19. Between October and December, three doctors were released pending investigation. The Doctors’ Syndicate protested the arrests and called for release of all the doctors. On October 1, the State Security Prosecution ordered the 15-day pretrial detention of prominent lawyer Tarek Jamil Saeed pending investigations of disturbing the peace, spreading rumors, and misusing social media after he criticized candidates for parliament. Saeed was released on bail on October 11.
On December 27, a criminal court ordered the release of housing-rights researcher Ibrahim Ezzedine with probationary measures. Ezzedine remained in detention until the end of the year. According to a local human rights organization, he was held without notice beginning in June 2019 after criticizing the government’s urban slums policies and appeared in November 2019 before the State Security Prosecution accused of joining a banned group and spreading false news.
A criminal court on September 13 renewed the 45-day pretrial detention of Mohamed Ramadan, who was arrested in 2018 for “inciting social unrest” after he posted a photograph of himself wearing a yellow vest akin to those worn by political protesters in France. After a court ordered Ramadan’s release on bail on December 2, the State Security Prosecution ordered him remanded into custody on December 8 on additional charges of joining a banned group based upon letters he sent while in detention.
The law provides a broad definition of terrorism, to include “any act harming national unity or social peace.” Human rights observers expressed concern that authorities used the ambiguous definition to stifle nonviolent speech and nonviolent opposition activity.
Between January and September, a local organization that tracks freedom of association and speech recorded 96 violations of the freedoms of media and artistic and digital expression. In June 2019 several political figures were arrested, including El-Aleimy and journalist Hossam Moanes, after they met to form the political Alliance of Hope to run in parliamentary elections. They remained in pretrial detention. On March 11, a misdemeanor court sentenced El-Aleimy to one year in prison for spreading false news and disturbing public peace as a result of a BBC interview in 2017. On April 18, a terrorism court added 13 defendants from the “Hope” case to the terrorism list, including former member of parliament and Social Democratic Party leader Ziyad El-Aleimy and activist Ramy Shaath, for alleged collaboration with the banned Muslim Brotherhood. On June 16, the Cairo Criminal Court turned down a challenge filed by Moanes against an August 2019 ruling to seize his money. On August 4, the Cairo Criminal Court upheld a freeze on the assets of 83 defendants in the case (No. 930/2019). On October 10, a criminal court ordered the release of four Alliance of Hope defendants, including activist Ahmed Tammam. On November 14, an administrative court heard the lawsuit filed by El-Aleimy to allow him to receive telephone calls and correspondence. Amnesty International reported he was being denied adequate health care by Tora Prison authorities even though his underlying medical conditions put him at particular risk if exposed to COVID-19.
On March 19, the State Security Prosecution ordered the release of 15 political figures in pretrial detention, including political science professor Hassan Nafaa and former president Sisi campaigner Hazem Abdel Azim. Nafaa was arrested in September 2019 with Hazem Hosni, spokesperson for Sami Anan’s 2018 presidential campaign, and journalist Khaled Dawoud. On December 27, a criminal court renewed Hosni’s and Dawoud’s pretrial detention for 45 days pending investigations of joining a banned group and spreading false news and ordered Hosni’s release. The State Security Prosecution ordered Hosni’s continued detention in a new case on November 4. On July 5, a criminal court overturned the public prosecutor’s 2019 decision to freeze Nafaa’s fixed assets and stayed the public prosecutor’s decision to seize his assets until the Supreme Constitutional Court rules on the constitutionality of Article 47 of the Antiterrorism Law.
On August 5, the writer and prominent leftist Sinai activist, Ashraf Ayoub, and his son Sherif, were detained in Arish city, North Sinai, and taken to an unknown location. According to a labor leader, Ayoub advocated for detainees. After 20 days, Ayoub appeared before the State Security Prosecution, which ordered his pretrial detention on charges of joining a terrorism group and spreading false news. According to local media, Ayoub’s son was released without charges in mid-August.
In May security forces arrested sports critic Awny Nafae while he was under government-imposed COVID-19 quarantine after returning from Saudi Arabia, according to local media. The arrest came after Nafae criticized the Ministry of Emigration for its handling of thousands of Egyptian nationals stranded abroad amid the COVID-19 pandemic. He was held in pretrial detention on charges of spreading false news, misusing social media, and participating in a terrorist group, but he was released in October.
Freedom of Press and Media, Including Online Media: Independent media expressed a variety of views but with significant restrictions. The constitution, penal code, and the media and publications law govern media issues. The government regulated the licensing of newspapers and controlled the printing and distribution of a majority of newspapers, including private newspapers. The law does not impose restrictions on newspaper ownership.
More than 20 state-owned media outlets broadly supported official state policy. The National Press Authority holds the power to appoint and dismiss editorial leadership of state-owned print outlets. The governmental Egyptian Radio and Television Union appointed the heads of state-owned radio and television channels. Both state-owned and private media (including television and online journalism) occasionally broadcast and published mild criticism of government policies, but dominant media narratives supported the president and his policy initiatives.
The law considers websites and social media accounts with at least 5,000 subscribers as media outlets, requires them to pay a licensing fee of EGP 50,000 ($3,030), and grants the Supreme Council for Media Regulation (Supreme Council) broad discretion to block their content.
According to media reports, on April 21, the Supreme Council fined the newspaper Al Masry Al Youm for an op-ed written by its founder Salah Diab under a pseudonym. The article suggested that Sinai should have one governor with expanded powers to better govern the entire peninsula. The Supreme Council ordered the newspaper to remove the op-ed, issue an apology, and suspend Diab’s opinion pieces for one month. On May 12, the Supreme Council ordered media not to publish or broadcast any material under pseudonyms without the approval of the Supreme Council.
On April 12, authorities arrested Mustafa Saqr, owner of the Business News company, and the State Security Prosecution detained him for 15 days pending investigations on charges of colluding with a terrorist, spreading false news, and misusing social media. His arrest came after he published an article that discussed the impact of COVID-19 on the economy.
As of December the Committee to Protect Journalists reported 27 journalists were imprisoned in the country.
During the year the government raided several newspapers, arrested employees, and released them shortly thereafter. On June 24, the security services arrested Noura Younis, editor in chief of the independent news website Al-Manassa and a former Washington Post correspondent. On June 26, authorities released Younis on bail pending trial on charges of creating a network account with the intent to commit a crime, possessing software without a license from the National Telecom Regulatory Authority, copyright infringement, and wrongfully profiting through the internet or telecommunication services.
On May 11, authorities arrested Al-Masry Al-Youm journalist Haitham Mahgoub, days after he published an article relating to the country’s response to COVID-19, according to media. Media reported that Mahgoub and his attorneys were not allowed to attend the June 7 hearing where the State Security Prosecution ordered his 15-day pretrial detention pending investigations of joining a banned group, financing a banned group, and spreading false news. Mahgoub was released on November 19 pending further investigation. On May 22, television stations broadcast confessions of four of 11 journalists and media workers whom the Interior Ministry claimed were part of a Muslim Brotherhood plot to produce false reports for al-Jazeera. Human rights lawyers challenged the confessions and their pretrial publication as illegal.
Violence and Harassment: According to media reports and local and international human rights groups, state actors arrested and imprisoned, harassed, and intimidated journalists. Foreign correspondents reported cases where the government denied them entry, deported them, and delayed or denied issuance of media credentials; some claimed these actions were part of a government campaign to intimidate foreign media.
On March 17, the State Information Service revoked the accreditation of a correspondent for the London-based Guardian newspaper, after it published a report addressing the spread of the COVID-19 in the country. On March 26, the Guardian reported that authorities forced the correspondent to leave the country.
On March 30, authorities ordered the detention of Mohamad Al-Eter, the Ultra Sawt website correspondent, for 15 days pending investigations. He was accused of joining a terrorist group, publishing false news, and misusing the online social networks. A court granted Al-Eter bail in May, and he was released on June 1 pending investigation.
According to Freedom House, multiple prominent digital activists and online journalists remained in prison. In many cases the individuals faced charges unrelated to their online activities, although their supporters argued they were arrested to prevent them from expressing their views. Spreading false news, affiliation with a terrorist or banned group, insulting the state, and inciting demonstrations were the prevailing allegations used to justify the arrest of human rights activists.
Censorship or Content Restrictions: Official censorship occurred. The state of emergency empowered the president to monitor newspapers, publications, editorials, drawings, and all means of expression and to order the seizure, confiscation, and closure of publications and print houses. The emergency law allows the president to censor information during a state of emergency.
In June the Supreme Council for Media Regulation stated that all media in any form had to use official sources to publish or broadcast any information about Libya, the Grand Ethiopian Renaissance Dam, the war against terrorism in Sinai, or COVID-19.
In June a media rights organization said that the government blocked thousands of websites, including 127 media websites.
The rising number of arrests for social media posts had a chilling effect on online speech. Some activists and many journalists reported privately they self-censored criticism of the government or comments that could be perceived as sympathetic to the Muslim Brotherhood, due to the overall anti-Muslim Brotherhood and progovernment media environment. Publishers were also wary of publishing books that criticized religious institutions, such as al-Azhar, or challenged Islamic doctrine. On August 15, the National Translation Center published its translation guidelines, including conditions that books it translates do not “oppose religion, social values, morals and customs.” According to media, professional writers and translators denounced the rules as a form of censorship. Online journalists were also reluctant to discuss sensitive topics such as sectarian tensions, sexuality, political detainees, military operations in the Sinai, and the military’s outsized role in the national economy.
Libel/Slander Laws: Local and international rights groups reported cases of authorities charging and convicting individuals with denigrating religion under the so-called blasphemy law, targeting primarily Christians but also Muslims. On June 21, the Alexandria Economic Misdemeanor Appeals Court upheld the February 27 three-year sentence against activist and blogger Anas Hassan for “insulting religion and misusing social media.” According to a local human rights organization, security forces arrested Hassan in August 2019 for his Facebook page “The Egyptian Atheists” that a police report stated contained atheistic ideas and criticism of the “divinely revealed religions.”
National Security: The law allows government censors to block the publication of information related to intelligence and national security.
The law imposes a fine on any person who “intentionally publishes…or spreads false news.” The fine is many times the average annual salary of most local journalists. In 2018 authorities established hotlines for members of the public to call or leave text messages reporting fake news in either traditional or social media that endangers state security.
On March 10, the prime minister instructed relevant authorities to take all necessary, legal measures against anyone who broadcasts false news, statements, or rumors regarding COVID-19. On March 28, the Public Prosecution affirmed in a statement that it would address such “fake news” stories according to the law.
On March 18, security forces arrested Atef Hasballah, editor in chief of Alkarar Press website, at his home in Aswan following a critical post on his Facebook page questioning official statistics on the spread of COVID-19 cases in the country. He appeared before the State Security Prosecution on April 14, which ordered his 15-day pretrial detention pending investigation.
A local independent human rights organization reported that journalist Basma Mostafa was detained for nine hours while covering a crowd of citizens waiting for a COVID-19 test at the Ministry of Health’s Central Laboratories in downtown Cairo. Media reported Mostafa was arrested on October 3 while covering the death of Luxor Governorate citizen Ewais al-Rawy (see section 1.a.) and ensuing protests; Mostafa was released on October 6.
On February 12, local media reported that the Supreme Council for Media Regulations sent a warning letter to 16 news websites and social network accounts concerning posting “false news” regarding a reported COVID-19 infection case in Tanta City. It also included a directive to ban publishing any information other than the Ministry of Health’s official data.
Judges may issue restraining orders to prevent media from covering court cases considered sensitive on national security grounds. Rights groups stated authorities sometimes misused the orders to shield government, police, or military officials from public scrutiny. Citing safety and security, the government and military restricted media access to many parts of North Sinai.
On March 11, authorities released, with probationary measures, blogger Islam al-Refai, known as Khorm, who ran a satirical Twitter account with 75,000 followers. He had been held in pretrial detention since 2017, according to his attorney. NGOs continued to claim that authorities used counterterrorism and state-of-emergency laws and courts unjustly to prosecute journalists, activists, lawyers, political party members, university professors, and critics for their peaceful criticism.
The constitution prohibits the government from “arbitrarily” interrupting, disconnecting, or depriving citizens seeking to use all forms of internet communications.
Telecommunications services and internet service providers are regulated by the National Telecommunications Regulatory Authority under the 2003 Telecommunication Regulation Law. The law does not guarantee the independence of the National Telecommunications Regulatory Authority. The government centralized the internet infrastructure and fiber-optic cables, allowing considerable state control over internet access, including restricting and disrupting user access and censoring online content. Law enforcement agencies restricted or disrupted individuals’ access to the internet, and the government monitored social media accounts and internet usage, relying on a law that only allows targeted interception of communications under judicial oversight for a limited period and does not permit indiscriminate mass surveillance. The public prosecutor prosecuted individuals accused of posting “insulting” material.
On August 25, a criminal court in a terrorism circuit sentenced in absentia the director of the Cairo Institute for Human Rights Studies, Bahey Eldin Hassan, to 15 years in prison for publishing false news and insulting the judiciary. In March Hassan, who lived abroad, learned that a criminal court in a separate case sentenced him in September 2019 in absentia to three years in prison on charges of spreading false news and tweeting phrases that undermined and discredited the judiciary. Hassan criticized the Public Prosecution on Twitter in 2018.
The counterterrorism law criminalizes the use of the internet to “promote ideas or beliefs that call for terrorist acts” or to “broadcast what is intended to mislead security authorities or influence the course of justice in relation to any terrorist crime.” The law also authorizes the public prosecutor and investigators to monitor and record online communications among suspects in terrorism cases for a period of 30 days, renewable in 30-day increments. The law does not specify a maximum period. On October 8, several UN human rights special rapporteurs in the UN Office of the High Commissioner for Human Rights stated the country was using “terrorism charges” and “terrorism circuit courts” “to target legitimate human rights activities,” silence dissent, and detain activists during the COVID-19 pandemic.
The cybercrime law states, “The relevant investigating authority may, when the evidence indicates that a website is broadcasting phrases, numbers, pictures, videos, or any promotional material, that constitutes one of the crimes enshrined in this law, and poses a threat to national security or endangers the security or economy of the country, order the blocking of the website.” The government issued implementing regulations for the law on August 27. On May 20, several local human rights organizations accused the government of restricting access to information during the COVID-19 pandemic.
Media reported that authorities arrested a group of women in June and July who posted videos on the TikTok social media app. On July 27, a Cairo Economic Court sentenced TikTok influencers Haneen Hossam and Mawada Eladhm and three others to two years in prison and fined each for “violating family values” based on the cybercrime law. An appeal was scheduled for January 10, 2021. On August 18, a criminal court upheld an administrative decision to freeze the assets of Hossam and Eladhm.
On August 6, authorities released TikTok influencer Manar Samy on bail pending an appeal. On September 19, a Tanta Economic Court upheld her sentence of three years in prison with hard labor for “inciting debauchery and violating family values” for content she posted on social media. Authorities also arrested members of Samy’s family for resisting authorities. On September 30, a Cairo Economic Court sentenced TikTok influencers Sherifa Rifaat, known as “Sherry Hanim,” and her daughter, Zumoroda, to six years in prison and fined each for assaulting family values and inciting prostitution. A court was scheduled to examine the appeal in January 2021.
There were reports the government temporarily blocked access to internet messaging applications.
The government attempted to disrupt the communications of terrorist groups operating in Sinai by cutting mobile services, internet, and sometimes landlines.
The law obliges internet service providers and mobile operators to allow government access to customer databases, allowing security forces to obtain information regarding activities of specific customers, which observers noted could lead to lack of online anonymity.
There were reports authorities monitored social media and internet dating sites to identify and arrest lesbian, gay, bisexual, transgender, and intersex (LGBTI) individuals (see section 6, Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity).
On June 25, a local media rights organization reported that since May 2017 the state had blocked at least 547 websites, including at least 127 news websites. The blocked sites included international NGOs, local human rights NGOs, and numerous virtual private network services. Some blockages appeared intended to respond to critical coverage of the government or to disrupt antigovernment political activity or demonstrations. On April 9, authorities blocked the newly established Daarb website run by human rights defender Khaled al Balshy, one month after its launch.
In 2017 the news website Mada Masr sued the government seeking information on why it was blocked. In 2018 the Court of Administrative Justice referred the case for technical review by the Justice Ministry’s Authority of Experts. This review was pending at year’s end.
There were reports of government restrictions on academic freedom and cultural events. The removal of references to the country’s 2011 and 2013 revolutions from high school history class curricula continued after a 2017 decree from the Ministry of Education and Technical Education. According to media and local rights groups, a degree of self-censorship, like that reported by nonacademic commentators, existed when academics publicly commented on sensitive political and socioeconomic issues. University faculty members and Ministry of Education employees (including teachers) needed security agency approval to travel abroad for academic or professional purposes. Faculty and officials at public universities and research centers also must obtain Ministry of Foreign Affairs permission to travel abroad for any reason. Some public universities restricted campus visits of foreign speakers or delegations or required a faculty chaperone for delegations of university students traveling to the United States.
On May 8, authorities at the Cairo International Airport confiscated the passport of Walid Salem, a University of Washington doctoral student, preventing him from traveling. Authorities arrested Salem in May 2018 while he was conducting political science dissertation research on the Egyptian judiciary and released him in December 2018 with a travel ban and probationary measures pending trial. On February 22, the State Security Prosecution canceled the probationary measures and released him under guarantee of his place of residence.
There was censorship of cultural events. A prime ministerial decree issued in 2018 declares it unlawful to hold a special event or festival without “prior license from the Ministry of Culture and liaising with relevant state entities.” This requirement added to existing regulations, under which organizations must obtain a permit from the Ministry of Culture’s Censorship Board, as well as permits from the Interior Ministry and the relevant artists’ union for concerts, performances, and other cultural events. The Ministry of Culture must approve all scripts and final productions of plays and films. The ministry censored foreign films to be shown in theaters but did not censor the same films sold as DVDs.
On February 16, the Musicians Syndicate banned Mahraganat music, a popular street-music genre, in public and prohibited any dealings with Mahraganat singers without the syndicate’s permission. This decision came two days after a Cairo concert where Mahraganat singers used what the syndicate considered inappropriate words. A few hours after the decision, the Tourism Police prevented Omar Kamal from holding a concert in a Cairo hotel. The syndicate and the Department of Censorship of Artistic Works filed police reports against a number of Mahraganat singers.
The government restricted freedoms of peaceful assembly and association.
The constitution provides for freedom of assembly “according to notification regulated by law.” The demonstrations law includes an expansive list of prohibited activities, giving a judge the authority to prohibit or curtail planned demonstrations after submitting an official memorandum. Domestic and international human rights organizations asserted the law did not meet international standards regarding freedom of assembly. On January 18, an administrative court dismissed a lawsuit filed by a local human rights organization in 2017 challenging the law. A government-imposed exclusion zone prohibits protests within 2,600 feet (790 meters) of vital governmental institutions.
On March 22, President Sisi ratified amendments to the Prison Regulation Law, preventing the conditional release of those convicted of assembly crimes, among other crimes.
There were protests throughout the year, mostly small, and some occurred without government interference. In most cases the government rigorously enforced the law restricting demonstrations, in some instances using force, including in cases of small groups of protesters demonstrating peacefully.
On February 7, authorities detained Patrick George Zaki, a student at the University of Bologna, at the Cairo International Airport. Media reported he was beaten and subjected to electric shocks. On February 8, Zaki appeared before the prosecutor, who ordered his pretrial detention on charges of inciting individuals to protest in September 2019, spreading false news, promoting terrorism, and harming national security. A criminal court renewed his pretrial detention for 45 days on December 6.
On April 22, a local NGO reported that authorities released 3,633 of the 3,717 protesters detained after street demonstrations in September 2019. According to the report, approximately 1,680 defendants were released in 2019, approximately 1,983 were released in the first quarter of 2020, and an estimated 54 remained in detention. On February 5, the Al-Mokattam Emergency Misdemeanor Court ordered the acquittal of 102 individuals of charges of attacking the Mokattam police station in protest against the death in custody of Mohamed Abdel Hakim. Government investigators reported that Hakim had died from beatings by two police employees following his arrest in 2018.
On July 1, the Cassation Court reduced the prison sentence of a Central Security Forces officer, Yaseen Hatem, from 10 years to seven years for the death of activist Shaimaa el-Sabbagh. Hatem was convicted of wounding that led to the death and deliberately wounding other protesters during a 2015 protest marking the fourth anniversary of the January 25 revolution.
According to a local human rights organization, thousands of persons whom authorities arrested during 2013 and 2014 due to their participation in demonstrations (some of which were peaceful) remained imprisoned; however, authorities released others who had completed their sentences. Authorities reportedly held such individuals under charges of attending an unauthorized protest, incitement to violence, or “blocking roads.” Human rights groups claimed authorities inflated or used these charges solely to target individuals suspected of being members of groups in opposition to the government or those who sought to exercise the rights to free assembly or association.
On April 12, the State Security Prosecution ordered the release of 35 detainees on bail whom authorities had accused of spreading false news about COVID-19, some of whom had participated in a street march in Alexandria on March 23 after curfew, despite government restrictions on gatherings during the pandemic. On April 25, authorities released 20 detainees on bail who had participated in an April 23 street march after curfew in Alexandria to celebrate Ramadan and protest COVID-19.
On June 17, a local human rights organization filed an official complaint with the prosecutor general to release activist Mohamed Adel as he reached the two-year legal limit for pretrial detention since his June 2018 arrest on charges of violating the protest law. On December 21, State Security Prosecution ordered Adel’s detention for 15 days pending investigation in a new case on charges of joining and funding a terrorist group, meeting terrorist leaders in prison, and spreading false news. Reports indicated that in September more than 2,000 persons, including at least 70 younger than 18, were arrested in response to small demonstrations marking the first anniversary of the anticorruption protests of September 2019. On September 27, the Public Prosecution ordered the release of 68 of the 70 minors who had been arrested. In early November more than 400 persons arrested during the demonstrations were released from prison, and in early December approximately 67 additional individuals were also released.
The constitution provides for freedom of association. The law governing associations, however, significantly restricts this right.
A 2019 law governing NGOs eliminated prison sentences as penalties and removed formal oversight roles for security and intelligence authorities. It also required the government to issue executive regulations to clarify that NGOs will have exclusive access to and control of NGO funds as well as procedural protections, such as impartial administrative and judicial appeal mechanisms. On November 25, the cabinet approved the executive regulations. As of December 31, however, they had not been published in the official gazette.
The penal code criminalizes the request for or acceptance of foreign funds, materiel, weapons, ammunition, or “other things” from states or NGOs “with the intent to harm the national interest.” Those convicted may be sentenced to life in prison (or the death penalty in the case of public officials) for crimes committed during times of war or with “terrorist purpose.”
As of year’s end, lawyer Amr Emam remained in detention pending investigations on charges of colluding with a terrorist organization, publishing false news, and misusing social media to spread false information. Emam was arrested in October 2019 after he began a hunger strike and sit-in to protest the arrests, alleged abuse, and continued detention of journalist Esraa Abdel Fattah, activist Alaa Abdel Fattah, and lawyer Mohamed Elbakr. In late August Emam, along with Esraa Abdel Fattah and Mohamed Elbakr, was added to a new case on similar charges.
On September 6, after a criminal court ordered his release on August 26, the State Security Prosecution ordered the 15-day pretrial detention of Ibrahim Metwally Hegazy on new charges. This was the third case against Hegazy, a human rights lawyer and founder of the Association of the Families of the Disappeared, since his 2017 arrest at the Cairo International Airport while traveling to Geneva to participate in the UN Working Group on Enforced or Involuntary Disappearances.
The Muslim Brotherhood, the Muslim Brotherhood-affiliated Freedom and Justice Party, and its NGO remained illegal, and the Muslim Brotherhood was listed as a designated terrorist organization.
Authorities continued investigations of local NGOs that received foreign funding under a case originally brought in 2011. On July 18, the Cairo Criminal Court denied a motion to lift the travel bans imposed on 14 defendants in the case, including Nazra for Feminist Studies founder Mozn Hassan and others, accused of receiving foreign funding to harm national security in connection with her NGO. On December 5, an investigative judge dismissed criminal charges, including receiving foreign funding to harm the national interests, and lifted the travel bans and asset freezes against 20 domestic NGOs involved in the 2011 case.
A court case brought by el-Nadeem Center for the Rehabilitation of Victims of Violence (also registered under the name el-Nadeem for Psychological Rehabilitation) challenging a 2016 closure order remained pending an expert report ordered by the court. The organization asserted the closure was politically motivated, targeting el-Nadeem because of its work investigating torture, deaths in detention, and impunity for these crimes. The organization continued to operate in a limited capacity.
In November Mohamed Basheer, Karim Ennarah, and executive director Gasser Abdel Razek of the Egyptian Initiative for Personal Rights were arrested on charges of “joining a terror group” and “spreading false news.” On December 3, authorities released the three pending investigation. On December 6, the Third Terrorism Circuit Court ordered a temporary freeze on the personal assets of the three employees.
See the Department of State’s International Religious Freedom Report at https://www.state.gov/religiousfreedomreport/.
The law provides for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights, albeit with some exceptions, including the handling of potential refugees and asylum seekers.
In-country Movement: Citizens and foreigners may not travel freely in areas of the country designated as military zones. The government sought to prevent private individuals, journalists, civil society figures, and international organizations from entering North Sinai on safety grounds.
Foreign Travel: The constitution states, “No citizen may be prevented from leaving the State territory.” Nonetheless, men who have not completed compulsory military service and have not obtained an exemption may not travel abroad or emigrate. National identification cards indicated completion of military service.
Authorities required citizens between ages 18 and 40 to obtain permission from the Interior Ministry to travel to 16 countries: Georgia, Guinea, Indonesia, Iraq, Jordan, Lebanon, Libya, Malaysia, Qatar, South Africa, South Korea, Sudan, Syria, Thailand, Turkey, and Yemen. Enforcement of these regulations was sporadic. The government stated it intended these regulations to make it more difficult for citizens to join terrorist groups and to stop flight of criminals. These regulations also affected the ability of other individuals to travel outside the country. Authorities maintained a “no-fly” list that prevented some defendants in court cases from fleeing the country.
The government-imposed travel bans on human rights defenders and political activists under investigation or formally charged. Local human rights groups maintained that authorities used travel bans to intimidate and silence human rights defenders. A 2018 court ruling stated a travel ban “does not require the investigation of certain facts and their certainty,” but there must be “serious evidence that there are reasons for it and that the decision to prevent travel is due to security reasons and the interests of the state.”
Democracy activist Esraa Abdel Fattah remained unable to depart the country because of a travel ban (see section 1.c. regarding her arrest).
Exile: There was no government-imposed exile, and the constitution prohibits the government from expelling citizens or banning citizens from returning to the country. Some Mubarak- and Morsi-era politicians lived outside the country by choice and stated they faced government threats of prosecution.
On June 6, the Supreme Administrative Court ruled the Ministry of Foreign Affairs did not have to renew the passport of Ayman Nour, the president of the opposition New Ghad Party who was living abroad. Nour filed the lawsuit when the ministry refused to renew his passport at the Egyptian consulates in Turkey and Lebanon.
The government cooperated with the Office of the UN High Commissioner for Refugees (UNHCR) and other humanitarian organizations in providing protection and assistance to refugees, asylum seekers, stateless persons, and other persons of concern.
Abuse of Migrants, Refugees, and Stateless Persons: Media, NGOs, and UNHCR staff reported multiple cases of attacks against refugees, particularly women and children. According to UNHCR, refugees sometimes reported harassment, sexual harassment, and discrimination. Refugee women and girls, particularly sub-Saharan Africans, faced the greatest risk of societal, sexual, and gender-based violence.
According to UNHCR and press reports, police security sweeps increased in neighborhoods known to house Syrian, Sudanese, and other African refugees, as well as migrants, resulting in increased detentions. Detainees reported authorities subjected them to verbal abuse and poor detention conditions.
Refoulement: Although the government often contacted UNHCR upon detaining unregistered migrants and asylum seekers, authorities reportedly sometimes encouraged unregistered detainees to choose to return to their countries of origin or a neighboring country to avoid continued detention, even in cases where the individuals expressed a fear of return. The number of these cases was unknown.
On January 8, the Supreme Administrative Court made a final ruling that the government could not extradite to Libya six former Libyan officials who were part of the government of former president Muammar Gaddafi. The court stated that according to domestic and international law, they were entitled to protection in Egypt.
UNHCR protested the government’s November 2019 deportation of a Yemeni asylee to Yemen. According to UNHCR, the asylee was arrested in August 2019 in Egypt for his alleged conversion from Islam to Christianity and subsequent proselytizing activities.
Access to Asylum: The constitution provides for the protection of political refugees, but the law does not provide for granting asylum or refugee status, and the government has not established a comprehensive legal regime for providing protection to refugees. The government granted UNHCR authority to make refugee status determinations. UNHCR does not register Libyan citizens; neither does it register or assist Palestinian refugees in the country.
According to UNHCR as of March, asylum seekers in the country came mainly from Syria, as well as from Eritrea, Ethiopia, Iraq, South Sudan, Sudan, and Yemen.
In 2013 the government began applying a system of visa and security clearance requirements for Syrian nationals and Palestinian refugees from Syria, thus assuring no direct entries from Syria, since Egypt lacked consular services there. Following the UNHCR’s visit in 2017, the country relaxed its visa requirements for Syrians seeking family reunification.
Reports of irregular movements of individuals, including asylum seekers, and detention of foreign nationals attempting to depart the country irregularly via the Mediterranean, remained low during the year, according to UNHCR, following enactment and enforcement of a law dramatically increasing patrols on the country’s Mediterranean coast in 2016.
UNHCR and its partners usually had regular access, by request, to detained registered refugees and asylum seekers along the north coast. Local rights groups faced continued resistance from the government when trying to interview detainees at Qanater men’s and women’s prisons outside Cairo, which housed most detained refugees and asylum seekers. Authorities generally granted UNHCR access to asylum seekers at all prison and detention facilities. Authorities generally released asylum seekers registered with UNHCR, although frequently not detained migrants, many of whom were Eritrean, Ethiopian, Somali, and Sudanese (who may have had a basis for asylum claims). Authorities often held detained migrants as unregistered asylum seekers in police stations until UNHCR or other aid agencies assisted them, although sometimes authorities sent some to regular prisons alongside convicted criminals or deported them.
The government has never recognized UNHCR’s mandate to offer services to Palestinians outside of the fields of operations of the UN Relief and Works Agency, reportedly due to a belief that allowing UNHCR registration would negate Palestinian refugees’ alleged right of return. Approximately 2,900 Palestinian refugees from Syria were also present in the country, the majority reportedly in Cairo. The Palestinian Authority mission in the country provided limited assistance to this population. The Swiss Red Cross also provided some humanitarian assistance to Palestinian refugees from Syria.
Employment: No law grants or prohibits refugees the right to work. Those seeking unauthorized employment were challenged by lack of jobs and societal discrimination, particularly against sub-Saharan Africans. Refugees who found work took low-paying jobs in the informal market, such as domestic servants, and were vulnerable to financial and sexual exploitation by employers.
Access to Basic Services: Refugees, in particular non-Arabic-speaking refugees from sub-Saharan Africa, received limited access to some services, including health care and public education. The Interior Ministry restricted access for some international organizations seeking to assist migrants and refugees in Sinai. UNHCR was unaware of any migrants detained in Sinai since 2016. UNHCR provided some refugees with modest support for education and health care, as well as small monthly financial assistance grants for particularly vulnerable refugees. The International Organization for Migration provided additional assistance to particularly vulnerable migrants and individual asylum cases that were either rejected or being processed by UNHCR.
Refugee children not enrolled in public schools mainly attended refugee-run schools or private schools, or they were home schooled. The law requires government hospitals to provide free emergency medical care to refugees, but many hospitals did not have adequate resources to do so. In some cases hospitals insisted that refugees provide payment in advance of receiving services or refused to provide services to refugees. One local refugee agency reported some refugees died due to the lack of medical care.
Of the eight stateless persons known to UNHCR, most were Armenians displaced for more than 50 years. According to a local civil society organization, the number of stateless persons in the country was likely higher than the number recorded by UNHCR. The government and UNHCR lacked a mechanism for identifying stateless persons, including those of disputed Sudanese/South Sudanese nationality and those of disputed Ethiopian/Eritrean nationality. A majority of the approximately 70,000 Palestinian refugees were stateless.
Iran
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Expression, Including for the Press
The constitution provides for freedom of expression, including for the press, except when words are deemed “detrimental to the fundamental principles of Islam or the rights of the public.” According to the law, “anyone who engages in any type of propaganda against the Islamic Republic of Iran or in support of opposition groups and associations shall be sentenced to three months to one year of imprisonment.”
The Charter on Citizens’ Rights acknowledges the right of every citizen to freedom of speech and expression. The charter grants citizens the right to seek, receive, publish, and communicate views and information, using any means of communication; however, it has not been implemented.
The law provides for prosecution of persons accused of instigating crimes against the state or national security or “insulting” Islam. The government severely restricted freedom of speech and of the press and used the law to intimidate or prosecute persons who directly criticized the government or raised human rights problems, as well as to compel ordinary citizens to comply with the government’s moral code. The government’s failure to investigate or prosecute attacks on human rights defenders and peaceful protesters led to de facto restrictions on freedom of assembly and association.
Freedom of Speech: Authorities did not permit individuals to criticize publicly the country’s system of government, supreme leader, or official religion. Security forces and the judiciary punished those who violated these restrictions, as well as those who publicly criticized the president, cabinet, and parliament. A July UN report noted continued government efforts to “suppress” freedom of expression in the country.
The government monitored meetings, movements, and communications of its citizens and often charged persons with crimes against national security and for insulting the regime, citing as evidence letters, emails, and other public and private communications. Authorities threatened arrest or punishment for the expression of ideas or images they viewed as violations of the legal moral code.
In March, Mehdi Hajati, a former member of the Shiraz City Council, was arrested for criticizing the government’s response to the outbreak of COVID-19 on Twitter.
According to Reporters Without Borders (RSF), in July authorities arrested Farangis Mazloom, the mother of imprisoned photojournalist Soheil Arabi, and in October sentenced her to 18 months in prison on charges of “meeting and plotting against the national security” and antigovernment propaganda, presumably as a result of activism on behalf of her son. Arabi has been imprisoned since 2013 on blasphemy and other expression-related charges. According to Mazloom, in October Evin Prison authorities moved her son to solitary confinement.
Several activists, including Zahra Jamali and Mohammad Nourizad, who signed letters calling on the supreme leader to step down in June and August 2019 remained in prison during the year on charges of “propaganda against the state” and “collusion against national security.”
Freedom of Press and Media, Including Online Media: The government’s Press Supervisory Board issues press licenses, which it sometimes revoked in response to articles critical of the government or the regime, or it did not renew them for individuals facing criminal charges or incarcerated for political reasons. During the year the government banned, blocked, closed, or censored publications deemed critical of officials.
The Ministry of Culture and Islamic Guidance (Ershad) severely limited and controlled foreign media organizations’ ability to work in the country. The ministry required foreign correspondents to provide detailed travel plans and topics of proposed stories before granting visas, limited their ability to travel within the country, and forced them to work with a local “minder.”
Under the constitution private broadcasting is illegal. The government maintained a monopoly over all television and radio broadcasting facilities through IRIB, a government agency. Radio and television programming, the principal source of news for many citizens, particularly in rural areas with limited internet access, reflected the government’s political and socioreligious ideology. The government jammed satellite broadcasts as signals entered the country, a continuous practice since at least 2003. Satellite dishes remained illegal but ubiquitous. Those who distributed, used, or repaired satellite dishes faced fines. Police, using warrants provided by the judiciary, conducted periodic campaigns to confiscate privately owned satellite dishes throughout the country.
Under the constitution the supreme leader appoints the head of the Audiovisual Policy Agency, a council composed of representatives of the president, judiciary, and parliament. The Ministry of Culture reviews all potential publications, including foreign printed materials, prior to their domestic release and may deem books unpublishable, remove text, or require word substitutions for terms deemed inappropriate.
Independent print media companies existed, but the government severely limited their operations.
RSF reported citizen journalist and writer Payman Farhangian was sentenced to 38 years in prison on charges of antigovernment publicity and “creating a group of more than two persons on ([the messaging service) Signal in order to endanger national security,” related to posts supportive of the labor movement. His lawyer said he appealed the sentence.
In April, Masoud Heydari and Hamid Haghjoo, the managing director and the Telegram channel administrator at the semiofficial Iranian Labor News Agency (ILNA), were arrested following the alleged posting of a cartoon mocking COVID-19 remedies prescribed by religious leaders. ILNA officials denied publishing the cartoon and said they were falsely accused. Heydari was released on bail while Haghjoo was detained pending investigation into the case; there were no updates as of year’s end.
In August, Mostafa Moheb Kia, a journalist with the monthly political magazine Iran Farda, was sentenced to six months in prison for “antigovernment propaganda” and “meeting and plotting against national security.” His sentence came three weeks after a revolutionary court in Tehran confirmed the three-year jail sentence of Iran Farda’s 72-year-old editor Kayvan Samimi Behbahani. On December 15, Samimi was reportedly jailed.
On August 18, Nader Fatourehchi, a freelance journalist who reported on high-level corruption in the government, self-reported on Twitter that he was sentenced to one year in prison and a suspended sentence for three years, on a charge of “stirring up public opinion against government institutions, officials and organizations.”
Violence and Harassment: The government and its agents harassed, detained, abused, and prosecuted publishers, editors, and journalists, including those involved in internet-based media, for their reporting. The government also harassed many journalists’ families.
According to information provided by Journalism is not a Crime, an organization devoted to documenting freedom of the press in the country, at least 78 journalists or citizen-journalists were imprisoned as of November, a significant increase from 2019.
Authorities banned national and international media outlets from covering demonstrations in an attempt to censor coverage of protests and intimidate citizens from disseminating information about them. As of November 13, Shargh journalist Marzieh Amiri was reportedly released from detention after being sentenced in December 2019 on national security charges to five years in prison (reduced from an original sentence of 10 years and 148 lashes) for covering labor protests.
Censorship or Content Restrictions: The law forbids government censorship but also prohibits dissemination of information the government considers “damaging.” During the year the government censored publications that criticized official actions or contradicted official views or versions of events. “Damaging” information included discussions of women’s rights, the situation of minorities, criticism of government corruption, and references to mistreatment of detainees.
Officials routinely intimidated journalists into practicing self-censorship through arrests and imprisonments. Public officials often filed criminal complaints against newspapers, and the Press Supervisory Board, which regulates media content and publication, referred such complaints to the Press Court for further action, including possible closure, suspension, and fines. The Islamic Republic News Agency (IRNA) determined the main topics and types of news to be covered and distributed topics required for reporting directly to various media outlets, according to the IHRDC.
According to Freedom House, during the November 2019 protests and subsequent internet shutdown, journalists and media were issued official guidelines from the Ministry of Intelligence and Ministry of Culture and Islamic Guidance on how to cover the protests. The ministries threatened journalists with criminal prosecution if they strayed from official guidance, which instructed that the protests not be made into “headline news” and should be portrayed as civil protests while minimizing the extent of violence.
As the outbreak of COVID-19 escalated, the head of the Cyber Police (known as FATA), Commander Vahid Majid, announced the establishment of a working group for “combatting online rumors” relating to the spread of the virus. In April a military spokesman said authorities had arrested 3,600 individuals for spreading COVID-19 “rumors” online, with no clear guidance on what authorities considered a “rumor.”
Libel/Slander Laws: The government commonly used libel and slander laws or cited national security to suppress criticism. According to the law, if any publication contains personal insults, libel, false statements, or criticism, the insulted individual has the right to respond in the publication within one month. By law “insult” or “libel” against the government, government representatives, or foreign officials while they are in the country, as well as “the publication of lies” with the intent to alter but not overthrow the government, are considered political crimes and subject to certain trial and detention procedures (see section 1.e.). The government applied the law throughout the year, often citing statements made in various media outlets or on internet platforms that criticized the government, in the arrest, prosecution, and sentencing of individuals for crimes against national security. According to the Committee to Protect Journalists, in February a Tehran court found guilty editors-in-chief of three news sites on “defamation” charges filed by a state-owned gas company.
National Security: As noted above, authorities routinely cited laws on protecting national security to arrest or punish critics of the government or to deter criticism of government policies or officials.
On September 2, a revolutionary court in Tehran reportedly sentenced journalist Mohammad Mosaed to more than four years in prison, a two-year ban on journalistic activities, and a two-year ban on using any communications devices, according to the Committee to Protect Journalists. Prosecutors charged Mosaed with “colluding against national security” for activities in 2019 including posting on the internet during a government-implemented internet shutdown.
The Ministries of Culture and of Information and Communications Technology are the main regulatory bodies for content and internet systems and maintain monopoly control over internet traffic flowing in and out of the country. The Office of the Supreme Leader also includes the Supreme Council of Cyberspace, charged with regulating content and systems. The government collected personally identifiable information in connection with citizens’ peaceful expression of political, religious, or ideological opinion or beliefs.
The law makes it illegal to distribute circumvention tools and virtual private networks, and Minister of Information and Communications Technology Mohammad Javad Azari-Jahromi was quoted in the press stating that using circumvention tools is illegal.
The Ministry of Culture and Islamic Guidance must approve all internet service providers. The government also requires all owners of websites and blogs in the country to register with the agencies that comprise the Commission to Determine the Instances of Criminal Content (also referred to as the Committee in Charge of Determining Unauthorized Websites or Committee in Charge of Determining Offensive Content), the governmental organization that determines censoring criteria. These agencies include the Ministry of Culture and Islamic Guidance, Ministry of Information and Communications Technology, the Ministry of Intelligence, and the Tehran Public Prosecutor’s Office.
Ministry of Information and Communications Technology regulations prohibit households and cybercafes from having high-speed internet access.
The government restricted and disrupted access to the global internet, including fully blocking access for almost one week during nationwide protests in November 2019. There were reports the government again slowed internet access on December 25, approximately 40 days after the protests began, which media and NGO reports noted would correspond to memorial ceremonies for the victims. The Ministry of Information and Communications Technology denied reports of an internet shutdown in December.
Authorities blocked access to independent news sites and a number of social media and communication platforms deemed critical of the state, and continued to monitor private online communications and censor online content. Individuals and groups practiced self-censorship online.
According to Freedom House, authorities employed a centralized filtering system that can effectively block a website within a few hours across the entire network. Private internet service providers (ISPs) were forced to either use the bandwidth provided by the government or route traffic containing site-visit requests through government-issued filtering boxes developed by software companies within the country.
The government continued to implement the National Information Network (NIN, also known as SHOMA). As described by Freedom House, SHOMA enabled the government to reduce foreign internet connection speeds during politically sensitive periods, disconnect the network from global internet content, and disrupt circumvention tools. According to Freedom House, a number of domestically hosted websites such as national online banking services, domestic messaging apps, and hospital networks were able to remain online using the NIN infrastructure while global traffic was disconnected during the November 2019 protests.
Authorities restricted access to tens of thousands of websites, particularly those of international news and information services, the political opposition, ethnic and religious minority groups, and human rights organizations. They continued to block online messaging tools, such as Facebook, YouTube, and Twitter, although the government operated Twitter accounts under the names of Supreme Leader Khamenei, President Rouhani, Foreign Minister Zarif, and other government-associated officials and entities, including after shutting down most of the country’s internet access during the November demonstrations. According to Freedom House, websites are blocked if they contradict state doctrine regarding Islam, as well as government narratives on domestic or international politics. News stories that cover friction among political institutions are also frequently censored.
In October 2019 a letter signed by Javad Javidnia, the former deputy prosecutor general responsible for cyberspace, and secretary to the Committee to Determine Instances of Criminal Content (CDICC), was sent to ISPs asking them to block the official Android app store and the Google Play store “as soon as possible.” The letter stated that the CDICC made the decision “in accordance with Article 749 of the Islamic Penal Code relating to computer crimes.” Article 749 requires all ISPs to filter any content determined by the CDICC as criminal content. Resistance in complying with this article results in the termination of the ISP or in some cases a financial penalty.
Government organizations, including the Basij Cyber Council, the Cyber Police, and the Cyber Army, which observers presumed to be controlled by the IRGC, monitored, identified, and countered alleged cyberthreats to national security. These organizations especially targeted citizens’ activities on officially banned social networking websites such as Telegram, Facebook, Twitter, YouTube, and Flickr, and they reportedly harassed persons who criticized the government or raised sensitive social problems.
The popular messaging app Telegram remained blocked during the year, although it continued to be accessed using circumvention tools.
According to Freedom House, significant internet disruptions were observed as protests broke out in the aftermath of the military’s January 8 accidental shooting down of airliner Ukraine International Airlines Flight PS752. Access to the messaging app WhatsApp was also disrupted during this time.
In February extensive network disruptions impacted the country, which the Ministry of Information claimed to be due to a DDoS attack originating from outside the country, although they did not provide information to verify this claim.
In early March as the country was battling outbreaks of COVID-19, reports confirmed that access to Persian Wikipedia had been blocked using the same method used for blocking Telegram and Facebook, although officials did not comment on the incident.
In July further network disruptions were reported following protests against the government’s foreign policy and the continuing economic crisis in Khuzestan Province. The same month, network disruptions were reported for three hours as online users used hashtags on social media to speak out against death sentences handed down to three men who participated in the 2019 protests.
In September the Tehran Province chief justice issued a directive establishing specialized court branches to handle cases against cyberspace businesses, according to a November report by Iran-based technology news website Peyvast. The directive instructed courts to prosecute the users of “user-centric software” for illegal content, rather than the owners of the technology platforms on which the content was published.
Contrary to the directive, in late October, Judge Mohammad Moghisseh of Tehran Revolutionary Court Branch 28 sentenced Aparat CEO Mohammad Javad Shakouri-Moghadam to a total of 12 years in prison for “encouraging corruption,” “publishing vulgar content,” and “propaganda against the regime,” for a 2019 video posted on the platform in which a reporter asked children in Tehran if they knew how they were born. Shakouri-Moghadam appealed the ruling and was freed on bail.
Bloggers, social media users, and online journalists continued to be arrested. In April popular Instagram couple Ahmad Moin-Shirazi, a former world kickboxing champion, and his wife Shabnam Shahrokhi reported they were sentenced in absentia for charges of “propaganda against the regime” and “spreading obscene and vulgar content” related to posts on social media.
In May police confirmed the arrest of parkour athlete Alireza Japalaghy and an unnamed woman for “advocating vice,” after Japalaghy posted photos of them embracing that went viral on social media. Japalaghy was later released and reportedly fled the country. The woman’s whereabouts were unknown.
The government uses an extensive digital propaganda apparatus, backing numerous initiatives to promote blogging among its supporters. Following the January death of IRGC-Quds Force commander Qasem Soleimani, a number of Twitter accounts claiming to be located in Iran began tweeting using hashtags such as #hardrevenge and images of Soleimani.
The government significantly restricted academic freedom and the independence of higher education institutions. Authorities systematically targeted university campuses to suppress social and political activism by banning independent student organizations, imprisoning student activists, removing faculty, preventing students from enrolling or continuing their education because of their political or religious affiliation or activism, and restricting social sciences and humanities curricula.
Authorities barred Bahai students from higher education and harassed those who studied through the unrecognized online university of the Bahai Institute for Higher Education.
The government maintained control over cinema, music, theater, and art exhibits and censored those productions deemed to transgress Islamic values. The government censored or banned films deemed to promote secularism, non-Islamic ideas concerning women’s rights, unethical behavior, drug abuse, violence, or alcoholism.
According to the IHRDC, the nine-member film review council of the Ministry of Culture and Islamic Guidance, consisting of clerics, former directors, former parliamentarians, and academics, must approve the content of every film before production and again before screening. Films may be barred arbitrarily from screening even if all the appropriate permits were received in advance.
In March media and NGOs reported authorities summoned filmmaker Mohammad Rasoulof to prison to serve a one-year sentence, although his lawyer advised him not to turn himself in due to the coronavirus outbreak. In July 2019 CHRI reported that a court sentenced Rasoulof to one year in prison for the content of his films. According to Rasoulof, the accusations made against him in court focused on films he made examining the government’s repression of members of the Bahai faith. Since 2017 authorities have banned Rasoulof from leaving the country and making films. Similarly, film director Jafar Panahi has been barred from traveling since 2010, when he was charged with generating “propaganda against the Islamic Republic.”
Officials continued to discourage teaching music in schools. Authorities considered heavy metal and foreign music religiously offensive, and police continued to repress underground concerts and arrest musicians and music distributors. The Ministry of Culture must officially approve song lyrics, music, and album covers as complying with the country’s moral values, although many underground musicians released albums without seeking such permission.
In August authorities reportedly arrested musician Mehdi Rajabian on “immorality” charges related to the release of an album and publication of a video on which he worked with female musicians and dancers. Rajabian was arrested on at least two previous occasions for his work.
The government severely restricted freedoms of peaceful assembly and association.
The constitution permits assemblies and marches of unarmed persons, “provided they do not violate the principles of Islam.” To prevent activities it considered antiregime, the government restricted this right and closely monitored gatherings such as public entertainment and lectures, student and women’s meetings and protests, meetings and worship services of minority religious groups, labor protests, online gatherings and networking, funeral processions, and Friday prayer gatherings.
According to activists, the government arbitrarily applied rules governing permits to assemble, as proregime groups rarely experienced difficulty, while groups viewed as critical of the regime experienced harassment regardless of whether authorities issued a permit.
Protests against government corruption and economic mismanagement continued throughout the year, as did labor-sector protests and protests against the country’s compulsory hijab laws. In a July report, UNSR Rehman stated he was “gravely concerned at the unprecedented use of excessive force” against peaceful protesters in the country and noted a “trend…of suppressing the legitimate exercise of freedom of expression and assembly.”
The United Nations expressed particular concern regarding the government’s excessive use of force in January against protesters in several cities who had gathered to express discontent with how the government handled an investigation into the shooting down of a Ukrainian airliner by military forces. According to the UN’s investigation, “eyewitness testimonies and footage indicated that, on January 11 and 12, security forces had again used excessive force against protesters by firing pointed pellets, rubber bullets and teargas, causing injuries. Security forces also used pepper spray and batons and fired tear gas into an enclosed Tehran metro station. Injured protesters either chose not to go to hospitals or were turned away due to fear of their arrest. Security forces reportedly maintained a strong presence in hospitals and tried to transfer some protesters to military hospitals. Student protesters at several universities were also reportedly arrested and assaulted.” The government undertook no credible investigations of these allegations.
In July local security forces used tear gas to disperse economic protests in the southwestern cities of Behbahan and Shiraz, which also were related to news that a court upheld death sentences against three men who participated in separate protests earlier in the year. Police warned they would deal “decisively” with further demonstrations.
The government did not investigate the killing of at least 304 protesters by security forces in November 2019 (see section 1.a.).
The constitution provides for the establishment of political parties, professional and political associations, and Islamic and recognized religious minority organizations, as long as such groups do not violate the principles of freedom, sovereignty, national unity, or Islamic criteria, or question Islam as the basis of the country’s system of government. The government limited the freedom of association through threats, intimidation, the imposition of arbitrary requirements on organizations, and the arrests of group leaders and members (see section 7). The government continued to broaden arbitrarily the areas of civil society work it deemed unacceptable, to include conservation and environmental efforts (see section 1.d.).
See the Department of State’s International Religious Freedom Report at https://www.state.gov/religiousfreedomreport/.
The law provides for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights, with some exceptions, particularly concerning migrants and women.
In-country Movement: Judicial sentences sometimes included internal exile after release from prison, which prevented individuals from traveling to certain provinces. Women often required the supervision of a male guardian or chaperone to travel and faced official and societal harassment for traveling alone.
Foreign Travel: The government required exit permits for foreign travel for all citizens. Citizens who were educated at government expense or received scholarships had either to repay the scholarship or receive a temporary permit to exit the country. The government restricted the foreign travel of some religious leaders, members of religious minorities, and scientists in sensitive fields.
Numerous journalists, academics, opposition politicians, human and women’s rights activists, and artists remained subject to foreign travel bans and had their passports confiscated during the year. Married women were not allowed to travel outside the country without prior permission from their husbands.
The government cooperated with the Office of the UN High Commissioner for Refugees (UNHCR) with regard to refugees from Afghanistan and Iraq. According to the UN High Commissioner for Refugees (UNHCR), the government recognized 951,142 Afghans under a system known as Amayesh, through which authorities provide refugees with cards identifying them as de facto refugees. The cards enable refugees to access basic services, facilitate the issuance of work permits, and serve as a safeguard against arrest and deportation. Amayesh cardholders must obtain permission for any travel outside their province of registration. In late July the Amayesh re-registration exercise started and expanded the eligibility criteria for Amayesh card renewal to include those who missed the four previous rounds. Undocumented spouses and family members of Amayesh cardholders are reportedly also able to enroll. NGO sources reported Amayesh cards, which are valid only for one year, were increasingly difficult to renew and prohibitively expensive for refugees to maintain, due to increased annual renewal fees. In addition to registered refugees, the government hosted some 450,000 Afghans who hold Afghan passports and Iranian visas and an estimated 1.5 to two million undocumented Afghans. The country also hosted 28,268 Iraqi refugees.
Abuse of Migrants, Refugees, and Stateless Persons: HRW and other groups reported the government continued its mistreatment of many Afghans, including physical abuse by security forces, deportations, forced recruitment to fight in Syria, detention in unsanitary and inhuman conditions, forced payment for transportation to and accommodation in deportation camps, forced labor, forced separation from families, restricted movement within the country, and restricted access to education or jobs.
On May 1, Iranian border guards reportedly forced a group of 57 Afghan migrant workers they had detained entering the country into a fast-flowing river near Zulfiqar at gunpoint. According to a Reuters report sourced to Afghan lawmakers investigating the incident, at least 45 of the men drowned. There was no information regarding the status of a joint investigation into the incident by the Iranian and Afghan governments.
Refoulement: According to activist groups and NGOs, authorities routinely arrested Afghans without Amayesh cards and sometimes threatened them with deportation. According to the International Organization for Migration, from the beginning of the year to October 24, Iran deported 249,807 Afghans to Afghanistan and an additional 416,450 undocumented Afghans returned to Afghanistan, with some claiming they were pressured to leave or left due to abuse by police or state authorities.
Access to Asylum: The law provides for the granting of asylum or refugee status to qualified applicants. While the government reportedly has a system for providing protection to refugees, UNHCR did not have information regarding how the country made asylum determinations. According to HRW, the government blocked many Afghans from registering to obtain refugee status.
Afghans not registered under the Amayesh system who had migrated during past decades of conflict in their home country continued to be denied access to an asylum system or access to register with UNHCR as refugees. NGOs reported many of these displaced asylum seekers believed they were pressured to leave the country but could not return to Afghanistan because of the security situation in their home provinces.
Freedom of Movement: Refugees faced certain restrictions on in-country movement and faced restrictions from entering certain provinces, according to UNHCR. They could apply for laissez-passer documents allowing them to move among those provinces where Afghans were allowed to go.
Employment: Only refugees with government-issued work permits were able to work.
Access to Basic Services: Amayesh cardholders had access to education and health care, including vaccinations, prenatal care, maternal and child health, and family planning from the Ministry of Health. All registered refugees may enroll in a basic health insurance package similar to the package afforded to citizens, which covered hospitalization and paraclinical services (medicine, doctor’s visits, radiology, etc.). During the year UNHCR covered the insurance premium for 92,000 of the most vulnerable refugees, including refugees who suffer from special diseases and their families. The remaining refugee population may enroll in health insurance by paying the premium themselves during four enrollment windows throughout the year.
The government claimed to grant Afghan children access to schools. More than 480,000 Afghan children were enrolled in primary and secondary schools, including 130,000 undocumented children. According to media reporting, however, Afghans continued to have difficulty gaining access to education.
Most provinces’ residency limitations on refugees effectively denied them access to public services, such as public housing, in the restricted areas of those provinces.
There were no accurate numbers on how many stateless persons resided in the country. Persons without birth registration, identity documents, or refugee identification were at a heightened risk of statelessness. They were subjected to inconsistent government policies and relied on charities, principally domestic, to obtain medical care and schooling. Authorities did not issue formal government support or travel documents to stateless persons.
In June a law passed in October 2019 entered into force granting Iranian citizenship to the children of Iranian women married to foreign men (see section 6, Children). Previously, female citizens married to foreign men were not able to transmit citizenship to their children, unlike male citizens, whose children and spouses receive citizenship automatically. As a result of this disparity, between 400,000 and one million children of the more than 150,000 Iranian women married to foreign men lacked Iranian nationality, according to media reporting. These dependents could only apply for citizenship after they lived in Iran for at least 18 years. Under the law, the children of Iranian women and foreign men qualify for citizenship, although it is not automatic; the mother must submit an application for them. Children who turn 18 may apply for nationality themselves, even if their mother is deceased. Foreign men married to Iranian women may receive legal residency.
Human rights activists noted concern that the amended law requires the Ministry of Intelligence and the IRGC’s Intelligence Organization to certify that no “security problem” exists before approving citizenship for these specific applications, and this vaguely defined security provision could be used arbitrarily to disqualify applicants if they or their parents are seen as critical of the government.
Morocco
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Expression, Including for the Press
The constitution and law generally provide for freedom of expression, including for the press, although they criminalize and restrict some freedom of expression in the press and social media–specifically criticism of Islam, the institution of the monarchy, or the government’s positions regarding territorial integrity and Western Sahara. Such criticism can result in prosecution under the penal code, with punishments ranging from fines to prison time, despite the freedom of expression provided for in the press code. The press code applies only to journalists accredited by the department of communication, under Ministry of Culture, Youth, and Sports, for speech or publications in the line of work; private speech by accredited journalists remains punishable under the penal code. According to the Freedom House 2020 Freedom in the World report, the press enjoyed a significant degree of freedom when reporting on economic and social policies, but authorities used an array of financial and legal mechanisms to punish critical journalists. International and domestic human rights groups criticized criminal prosecutions of journalists and publishers as well as libel suits, claiming that the government principally used these laws to restrict independent human rights groups, the press, and social media.
According to the UN secretary-general’s report on Western Sahara in September, the OHCHR remained concerned by reports alleging excessive surveillance of human rights defenders and journalists in Western Sahara. The report added that the OHCHR continued to receive reports of harassment and arbitrary arrests of journalists, bloggers, and human rights defenders covering human rights violations. Amnesty International stated Sahrawi human rights activists remained subject to intimidation, questioning, arrest, and intense surveillance that occasionally amounted to harassment.
Freedom of Speech: The law criminalizes criticism of Islam, of the legitimacy of the monarchy, of state institutions, of officials such as those in the military, and of the government’s positions regarding territorial integrity and Western Sahara. The government sometimes prosecuted persons who expressed criticism on these topics. Amnesty International and HRW highlighted dozens of cases in which freedom of expression was restricted. During the year the government displayed intolerance for individuals critical of the monarch, local authorities and Islam. According to the government, 359 individuals were specifically charged for criminal speech, including defamation, slander, and insult (see Libel/Slander Laws and National Security).
On January 16, the Laayoune Court of Appeals sustained a court of first instance conviction for Hamza Sbai but reduced the prison sentence from 36 months to eight months. Sbai was convicted under the penal code for his rap video posted on YouTube, titled We Understand. According to the Ministry of Interior, he was sentenced by the court in December 2019 to three years of prison and a fine for “insulting constitutional institutions.” Sbai was transferred from a prison in Laayoune to Bouizakarne in January and was released on August 28.
On March 23, parliament passed a law declaring a health emergency and setting a penalty of a three-month prison sentence for anyone disobeying “orders and decisions taken by public authorities” and for anyone “obstructing” through “writings, publications or photos” those decisions. As of May, 91, a total of 623 individuals were briefly detained or fined for breaking the new state of emergency law, of whom 558 remained in detention.
On March 28, the secretary general of the Presidency of the Public Prosecutor’s Office reported that police had arrested 56 individuals for publishing false information regarding COVID-19.
On May 5, local representatives of the Ministry of Interior in Tiflet reportedly assaulted two journalists while they were covering the COVID-19 lockdown’s impact on local market activity during Ramadan on behalf of a national Amazigh television station. Media reports indicated the officials verbally assaulted a female journalist before slapping her and pushing her to the ground, while her accompanying cameraman sustained a hand injury as he tried to prevent the authorities from confiscating his camera. On May 7, Reporters without Borders condemned the “unacceptable” assault and stated, “The coronavirus crisis must not be used as an excuse to harass journalists who are just trying to do their job.” On May 8, the ministry announced to the French Press Agency that it opened an internal investigation of the claims. The Ministry of Interior denied the claims of police intervention and allegations of assault against the journalist and cameraman.
In August, 400 artists and intellectuals wrote a manifesto denouncing police repression and defamation campaigns, exacerbated by the pandemic situation, citing “several cases of political imprisonment and harassment, including the arrest of journalists Omar Radi (see section 1.f.) and Hajar Raissouni (who was convicted of engaging in premarital sex and attempting to get an abortion before receiving a royal pardon in 2019), as well as repression against social movements.” When some decided to withdraw their signatures from the petition, other activists claimed they had been subjected to intimidation.
On April 27, authorities arrested Omar Naji, vice president of the AMDH Nador branch, and charged him with defamation and spreading false information after he posted on Facebook that local authorities were confiscating goods sold by local merchants in the informal economy. Naji was released on bail pending trial on June 2. The AMDH called Naji’s arrest an attack on freedom of expression, although Naji was found not guilty.
Freedom of Press and Media, Including Online Media: Independent media, as well as partisan media, were active and expressed a variety of views within the restrictions of the law. The press code limits punishments for accredited journalists to fines. As of September 6, two journalists were prosecuted under the press code during the year, compared with two in all of 2019.
Two publishing directors of news websites were brought before the crown prosecutor in Mohammedia for allegedly publishing “fake news” on COVID-19. Five other individuals were arrested for sharing the same news via their Facebook accounts.
In March international NGOs drew attention to the government’s suspension of print newspapers during the outbreak of COVID-19 to reduce contact and the spread of the virus.
In March, amid the COVID-19 pandemic, Mi Naima, a YouTuber with a large following, posted a video in which she claimed that COVID-19 did not exist. She was arrested and sentenced to one year in prison for “sharing fake news.”
On March 17, journalist Omar Radi was sentenced to a four-month suspended prison sentence and fine over a tweet in 2019 in which he criticized the judge who handed down prison sentences against activists of the Hirak movement (see section 1.f.).
On March 27, Kawtar Zaki and Abdelilah Sakhir, both of the online outlet Eljarida 24, received six-month suspended prison sentences and fines for publishing information from a parliamentary committee on corruption by elected officials. Hakim Benchamach, speaker of the upper chamber of parliament, filed the complaint that led to the case, according to Freedom House.
Actor Rafiq Boubker was prosecuted in May for blasphemy, insulting Islam, insulting a corporate body, and violating the state of emergency. In a video leaked on social media, an apparently intoxicated Boubker called an imam derogatory names and called on Moroccans to “pray with vodka”–leading to charges of “insulting the Islamic religion and undermining the sanctity of worship.” Boubker was arrested on the basis of complaints to the crown prosecutor. On July 14, the Ain Sebaa Court of First Instance in Casablanca was set to take place on November 10 but postponed for a later date.
Journalists continued to denounce the cumbersome administrative procedures and the long wait times to receive accreditation under the press code. Some members of the press claimed that journalists from outlets close to the government and palace received their credentials sooner than journalists from independent outlets. They claimed journalists waiting for their credentials had to operate without a press card in an ambiguous legal status, as the protections of the press code are only available to accredited journalists.
The government also enforced strict procedures governing journalists’ meetings with NGO representatives and political activists. Foreign journalists needed, but did not always receive, approval from the Ministry of Culture, Youth, and Sports before meeting with political activists.
The trial for seven members of the Moroccan Association for Investigative Journalism, including Hicham Mansouri, Maati Monjib, and Hisham Almiraat, has been repeatedly postponed since 2015; the individuals had not been sentenced at year’s end. According to the Ministry of Justice, Mansouri, Monjib, and Almiraat were suspected of accepting foreign funds intended for acts threatening the internal security and territorial integrity of the country. The seven individuals were charged for posing a threat to the internal security of the country, fraud, managing an association exercising unauthorized acts, and accepting unauthorized foreign funds. On December 29, Maati Monjib was arrested on charges of embezzlement. He had been under a new investigation since October 7 on accusations of money laundering against him. His trial was scheduled to begin in January 2021.
Violence and Harassment: Authorities subjected some journalists to harassment and intimidation, including attempts to discredit them through harmful rumors about their personal lives. Journalists reported that selective prosecutions served as a mechanism for intimidation. According to Reporters without Borders, the government intimidated activists and journalists, often putting them on trial for matters seemingly unrelated to journalism or political activities.
According to media reports, authorities rejected one international journalist’s accreditation request during the year because he lacked a valid permit. The government stated that foreign media representatives who comply with local laws are allowed to perform their duties without interference and that allegations that authorities expelled foreign journalists were unsubstantiated.
Censorship or Content Restrictions: Self-censorship and government restrictions on sensitive topics remained serious hurdles to the development of a free, independent, and investigative press. Publications and broadcast media require government accreditation, and the government may deny and revoke accreditation as well as suspend or confiscate publications that breach public order or criticize Islam, the institution of the monarchy, or the government’s positions on territorial integrity. While the government rarely censored the domestic press, it exerted pressure through written and verbal warnings and by pursuing legal cases that resulted in heavy fines and suspended publication. Such cases encouraged editors and journalists to self-censor and host opposition news sites on servers outside the country to avoid being shut down by the authorities. According to Freedom House, personal attacks and derogatory comments received by activists and opinion makers online, often in response to their criticism of government policies, also contributed to self-censorship.
Libel/Slander Laws: The press code includes provisions that permit the government to impose financial penalties on accredited journalists and publishers who violate restrictions related to defamation, libel, and insults. A court may impose a prison sentence if an accredited journalist is unable or unwilling to pay the fine.
Individuals not registered as journalists may be charged for defamation, libel, and slander under the criminal code, as can accredited journalists for their private actions.
Between November 2019 and January, NGOs reported 10 individuals were arrested for “offending public officials and institutions.”
National Security: The antiterrorism law provides for the arrest of individuals, including journalists, and filtering websites deemed to “disrupt public order by intimidation, terror, or violence.” The law assigns legal liability to the author and anyone who in any way helps the author to disseminate information deemed as a justification for acts of terrorism, which would include site owners and internet service providers. While the law was designed to combat terrorism, authorities retain the discretion to define terms such as “national security” and “public order,” under the penal code for which the government can seek fines of up to 200,000 s ($21,000) for publishing content online seen as disruptive to public order, with the maximum fine of 500,000 s ($52,000) if the content offends the military. Online speech offenses related to the monarchy, Islam, and Western Sahara, as well as threats to national security can carry prison sentences of two to six years.
The government did not disrupt access to the internet, but it did apply laws governing and restricting public speech and the press on the internet. The press code stipulates that online journalism is equivalent to print journalism. Laws on combatting terrorism permit the government to filter websites. According to Freedom House’s 2020 Freedom on the Net report, the government did not block or filter any political, social, or religious websites during the year. Nonetheless, security officials pressured activists to delete sensitive content. The same report indicated there has been an influx of progovernment online outlets that published false and defamatory news about dissidents. The report also noted there have been cases in which bloggers were arrested or imprisoned for content the government deemed politically sensitive. Social media and communication services, including YouTube, Facebook, and Twitter, were available in the country, as were international blog-hosting services. Freedom House claimed, however, that unfair disbursement of advertising money, strict self-censorship, and continuing trials of journalists have prevented the emergence of a vibrant online media environment. According to the government, funds for advertisements derive from the private sector, not from the public sector. The government also repeatedly reminded online journalists to obey the law. The government also prosecuted individuals for expressing certain ideological views online, particularly related to protests in the northern Rif region.
According to Freedom House, numerous accounts were created on Twitter and Facebook with the apparent purpose of harassing, intimidating, and threatening activists who criticize authorities. Activists believed these progovernment commentators were also equipped with direct or indirect access to surveillance tools, since they often obtained private information about other users.
Many contributors working for online news outlets and many online news outlets themselves were unaccredited and therefore not covered under the press code for their publications. They remained subject to provisions of the antiterrorism law and the penal code that permit the government to jail and impose financial penalties on anyone who violates restrictions related to defamation, libel, and insults.
On April 27, a draft bill seeking to limit social media commentary promoting boycotts and businesses was leaked. After the draft language sparked rapid and broad condemnation by civil society, the minister of justice on May 3 withdrew the bill from consideration and initiated consultations on the proposed legislation with the CNDH and civil society. On May 12, during a video conference on human rights, CNDH president Amina Bouayach said she considered the bill significantly “outdated” and “unsuitable for Morocco,” reiterating that the CNDH had a clear stance on free speech online and viewed social media as “an incubator of freedoms.”
According to various NGOs, the government frequently hacked Sahrawi citizen journalists’ and bloggers’ social media accounts.
The law permits the government to criminalize presentations or debate questioning the legitimacy of Islam, the legitimacy of the monarchy, state institutions, and the status of Western Sahara. The law restricts cultural events and academic activities, although the government generally provided more latitude to political and religious activism confined to university campuses. The Ministry of Interior approves appointments of university rectors.
The government limited freedoms of peaceful assembly and association.
The law provides for the right of peaceful assembly. The government generally allowed authorized and unauthorized peaceful demonstrations to occur. Under the law groups of more than three persons require authorization from the Ministry of Interior to protest publicly. Some NGOs complained that the government used administrative delays and other methods to suppress or discourage unwanted peaceful assembly. Security forces intervened on occasion to disband both authorized and unauthorized protests when officials deemed the demonstration a threat to public security. Amnesty International reported continued arbitrary restrictions on the rights to freedom of peaceful assembly and association, particularly of individuals supporting independence for Western Sahara.
Several proindependence organizations and some human rights NGOs in Western Sahara stated that in recent years the submission of applications for permits to hold demonstrations declined because police rarely granted them. In most cases the organizers proceeded with planned demonstrations in the absence of authorization, and there was no discernible difference in security forces’ reaction to authorized or unauthorized protests. Violent confrontations between security forces and protesters were less common than in previous years, according to several local NGOs, although violent dispersals occurred on occasion. Security force practices were similar to those in internationally recognized Morocco; however, in Western Sahara there was often a higher ratio of members of security forces to protesters.
On March 23, the government implemented a royal decree concerning the state of health emergency, making a violation of public authority confinement measures punishable with one to three months’ imprisonment, a fine of up to 1,240 s ($130), or both; the decree also makes the use of social media or broadcast networks to spread misinformation about COVID-19 or incite criminal activity punishable with up to one year in prison. The UN high commissioner for human rights noted that security forces “used excessive force to make people abide by lockdowns and curfews.” According to a report by Amnesty International published in June, a total of 91,623 individuals were prosecuted from March to May for breaking the state of emergency. At least 588 persons remained in detention for breaking the state of emergency, according to the May 22 official statement of the public prosecutor’s office.
Some NGOs complained that authorities did not apply the approval process for holding a demonstration consistently and used administrative delays and other methods to suppress or discourage unwanted peaceful assembly. HRW’s World Report 2020 highlighted interference with associations that expressed views critical of the monarch and events organized by the AMDH. Police allowed many protests demanding political reform and protesting government actions, but often forcibly dispersed peaceful protests, arrested protesters and protest leaders, or prevented demonstrations from occurring. According to the government, approximately 4,400 protests took place from January to July. While most protests proceeded peacefully, on several occasions violence erupted between protesters and police.
Security forces were generally present both in and out of uniform at protests, particularly if the protest was expected to address a sensitive issue. In general, officers were under orders to observe and not intervene, unless the demonstration became unruly, threatening to bystanders, or overflowed into public highways. In those cases, under standard operating procedures, officers were required to give the crowd three warnings that force would be used if they did not disperse. Security forces would then attempt to force protesters to leave the area, using riot shields to push standing protesters into a designated area or carrying seated protesters to the designated area.
Security force tactics did not differ significantly whether the protest was authorized or unauthorized, although the decision on whether to intervene sometimes depended on whether the protest was authorized. According to the government, if officers intervened in a protest, a police judiciary officer not involved in the intervention and under the supervision of the attorney general must produce a statement documenting the circumstances of the case, the number of victims, and the material damage due to the operation. The police judiciary officer must address the statement to the Attorney General’s Office with a copy to the governor of the territorial jurisdiction where the incident transpired. The government organized training on human rights-based methods to manage crowds throughout the year.
In February the CNDH released a report about security force actions to disperse the 2017 Hirak protests and largely upheld police action on the basis that the protests had gradually escalated towards violence. NGOs and the CNDH continued to monitor the Rif Hirak prisoners sentenced by the Casablanca Court of Appeal in April 2019.
On January 28, two participants from a “Philosophy in the Street” event promoting freedom of expression were arrested and later released in Rabat. Event organizers stated this was the first time members from the group had been arrested as part of a public meeting. On July 22, one of the activists was tried for public intoxication and fined 500 s ($50).
The CNDH’s Laayoune and Dakhla regional commissions monitored 24 demonstrations from January to July. Security forces dispersed several demonstrations by force, with clashes resulting in injuries on both sides.
In July, CNDH’s Laayoune Commission was approached by an association of migrants about a clash between law enforcement officials and a group of 78 sub-Saharan migrants in an irregular situation, who were held in a reception center and tried to leave it without authorization. The commission visited the scene of the clashes and monitored the exchange of violence between police and this group of immigrants who stormed the outer door of the accommodation center in a bid to break the health state of emergency, which led the police officer present to shoot two rubber bullets in the air as a warning; a third rubber bullet hit a migrant. The situation was contained, while a police officer and four migrants were admitted to hospital with minor bruises. The judicial police of Laayoune opened a preliminary investigation.
The constitution and the law provide for freedom of association, although the government sometimes restricted this freedom. The government prohibited or failed to recognize some political opposition groups by deeming them unqualified for NGO status. While the government does not restrict the source of funding for NGOs operating in the country, NGOs that receive funding from foreign sources are required to report the amount and its origins to the government within 30 days from the date of receipt. The government denied official recognition to NGOs it considered to be advocating against Islam as the state religion or questioning the legitimacy of the monarchy or the country’s territorial integrity. Authorities obstructed the registration of a number of associations perceived to be critical of the authorities by refusing to accept their registration applications or to deliver receipts confirming the filing of applications (see section 5).
Amnesty International reported that Moroccan authorities routinely rejected the registration applications of Sahrawi human rights groups.
The Ministry of Interior required NGOs to register before being recognized as legal entities, but there was no comprehensive national registry publicly available. A prospective organization must submit its objectives, bylaws, address, and photocopies of members’ identification cards to local officials of the ministry. The local officials of the ministry issue a receipt to the organization that signifies formal approval. Organizations without receipts are not formally registered. According to the law, however, any association not denied registration that did not receive a receipt within 60 days of submitting the required documentation has the right to engage in activities. These same organizations reported extended delays in receiving correspondence from the ministry on the receipt issue.
Unregistered organizations could not access government funds or legally accept contributions. On February 13, a group of human rights organizations gathered to denounce the ministry’s refusal to issue receipts of registration to certain organizations that cover human rights. The organizations stated local officials’ refusal to issue receipts is a violation of article five of Law 75, which governs the right of association. One of the organizations, the Moroccan Federation of Human Rights, reported the ministry has refused to issue it a registration receipt for the last five years.
On February 29, media reported the authorities prevented an NGO from conducting training on “national and international mechanisms to protect human rights activists” in Meknes. Media reported the hotel had received notice from authorities to cancel the activity. According to the government, the local authorities did not cancel the event, rather, the hotel refused to host the event after the organizers were unable to provide the necessary meeting permits.
The National Federation of Amazigh Associations, an organization supporting the inclusion of the Amazigh (Berber) population in public life, reported that, as of October, nine Amazigh organizations denied registration in 2017 continued to be denied registration during the year, including the federation itself (see section 6, National/Racial/Ethnic Minorities).
The Justice and Charity Organization, a Sunni Islamist movement that rejects the king’s spiritual authority, remained banned but largely tolerated, although authorities continued to monitor its activities.
In October 2019 local authorities refused to accept the application of a religious freedom organization based in Casablanca, which attempted to register as an association.
See the Department of State’s International Religious Freedom Report at https://www.state.gov/religiousfreedomreport/.
The law provides for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights, although it limited movement to areas experiencing widespread unrest. The government denied entry to individuals it believed threatened the stability of the country. The government continued to make travel documents available to Sahrawis to travel and encouraged the return of Sahrawi refugees from Algeria and elsewhere if they acknowledged the government’s sovereignty over Western Sahara. Refugees wishing to return are required to obtain the appropriate travel or identity documents at a Moroccan consulate abroad, often in Mauritania. There were a few reported cases, however, of authorities preventing Sahrawis from traveling.
On January 2, the Moroccan authorities prevented representatives of Sahrawi NGOs from celebrating activist Aminatou Haidar’s reception of the 2019 Right Livelihood Award. Authorities denied activists access to the venue and forced all those present to leave the headquarters of the Sahrawi Association of Victims of Grave Violations of Human Rights Committed by the State of Morocco in El-Ayoun.
In-country Movement: There were several reports of government authorities denying local and international organizations and press access to the Rif and Eastern regions. The government, however, maintained that no international organizations or press were denied access to the Rif region.
The government cooperated with the Office of the UN High Commissioner for Refugees (UNHCR) and other humanitarian organizations in providing protection and assistance to refugees, returning refugees, asylum seekers, and other persons of concern. The government also provided funding to humanitarian organizations to provide social services to migrants, including refugees.
The government has historically deferred to UNHCR as the sole agency in the country entitled to perform refugee status determinations and verify asylum cases. UNHCR referred cases that meet the criteria for refugee recognition to the government’s interministerial Commission in Charge of Hearings for Asylum Seekers within the Bureau of Refugees and Stateless Persons.
Abuse of Migrants, Refugees, and Stateless Persons: Refugees, asylum seekers, and migrants were particularly vulnerable to abuse. Authorities continued cooperation with Spanish and EU authorities to thwart trafficking networks and arrest smugglers. A decrease in Europe-bound human smuggling and human trafficking coincided with increased border controls implemented during the COVID-19 pandemic.
CNDH regional branches reported receiving several complaints regarding the rights of migrants. There were reports of government authorities arresting or detaining migrants, particularly around the Spanish enclave cities of Melilla and Ceuta, and forcibly relocating them to other parts of the country to deter attempts to cross illegally into Spanish territory. Several NGOs reported the week of February 14 that authorities were forcibly removing groups of migrants from proximity to the coast and Spanish enclave cities to the southern region. One NGO alleged that security services moved approximately 10,000 sub-Saharan migrants from the north to the south of the country and deported another 3,000 migrants from Guinea-Conakry, Mali, or Cameroon to their home countries. The government maintained the return of third-country nationals to their country of origin was coordinated with diplomatic legations who endorsed these departures and issued the appropriate papers (see section 2.f, Durable Solutions).
On February 10, the international NGO Alarm Phone reported to the press that Morocco allegedly deported a Yemeni migrant to Algeria in mid-September 2019.
Access to Asylum: The law provides for the granting of refugee status. The government recognizes asylum status for refugees designated according to the UNHCR statute. The government continued to grant status to UNHCR-recognized refugees and temporary status to registered Syrians. There were 1,363 refugees registered in the country and six asylum seekers.
Access to Basic Services: Recognized refugees and migrants were generally able to work and access health care and education services, including publicly funded professional and vocational training. Requests on behalf of women and children receive automatic approval, with immediate access to education and health care. Asylum seekers were, however, sometimes unable to access the national health care system and continued to have little access to the judicial system until recognized as refugees.
Durable Solutions: The government facilitated voluntary returns in cooperation with UNHCR and, when necessary, the resettlement of recognized refugees to third countries. Since 2004 the government and the International Organization for Migration have cofunded the voluntary return of migrants to their countries of origin. According to the government, it assisted with the voluntary return to the country of origin of an average of 2,000 migrants between January 2019 and March 2020.
Temporary Protection: The government also provided temporary protection to individuals who may not qualify as refugees. Syrians and Yemenis benefited from “exceptional regularization” outside the more permanent migrant regularization program.
Saudi Arabia
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Expression, Including for the Press
The law does not provide for freedom of expression, including for the press. The Basic Law specifies, “Mass media and all other vehicles of expression shall employ civil and polite language, contribute towards the education of the nation, and strengthen unity. Media are prohibited from committing acts that lead to disorder and division, affect the security of the state or its public relations, or undermine human dignity and rights.” Authorities are responsible for regulating and determining which speech or expression undermines internal security. The government can ban or suspend media outlets if it concludes they violated the press and publications law, and it monitored and blocked hundreds of thousands of internet sites. There were frequent reports of restrictions on free speech.
The counterterrorism law’s definition of terrorism includes “any conduct…intended to disturb public order…or destabilize the state or endanger its national unity.” The law also penalizes “anyone who challenges, either directly or indirectly, the religion or justice of the king or crown prince…or anyone who establishes or uses a website or computer program…to commit any of the offenses set out in the law.” Local human rights activists, international human rights organizations, and the UN special rapporteur on human rights and counterterrorism criticized the law for its overly broad and vague definitions of terrorism and complained the government used it to prosecute peaceful expression and dissent.
Freedom of Speech: The government monitored public expressions of opinion and took advantage of legal controls to impede the free expression of opinion and restrict individuals from engaging in public criticism of the political sphere. The law forbids apostasy and blasphemy, which can carry the death penalty, although there were no recent instances of death sentences being carried out for these crimes (see section 1.a.). Statements that authorities construed as constituting defamation of the king, monarchy, governing system, or Al Saud family resulted in criminal charges for citizens advocating government reform. The government prohibits public employees from directly or indirectly engaging in dialogue with local or foreign media or participating in any meetings intended to oppose state policies.
The government detained a number of individuals for crimes related to their exercise of free speech during the year. On February 27, the UN high commissioner for human rights, Michelle Bachelet, urged the government to uphold the freedoms of expression and peaceful assembly and review convictions of activists, religious leaders, and journalists.
ALQST reported that authorities arrested Hezam al-Ahmari on February 10 for filming and publishing a video complaining about the opening of a nightclub in his neighborhood in Jeddah. It said he was charged with “inciting public opinion,” under Article 6 of the cybercrimes law.
In March the PPO stated it ordered the arrest of “three people who exploited social media to interpret God’s will amid the coronavirus.” The arrestees, including Quran reciter Khaled al-Shahri, preacher Ibrahim al-Duwaish, and health worker Khaled Abdullah, tweeted or appeared in a video claiming the spread of novel coronavirus was a “punishment from Allah (God),” according to Prisoners of Conscience.
On April 8, the PPO announced that the dissemination of misinformation related to COVID-19 would be punishable under the cybercrimes law, adding that the PPO’s Social Media Monitoring Unit would track offensive and illegal social media content and report violations to authorities. Several persons were reportedly arrested and charged for “rumor mongering” and “disrupting order” for comments related to COVID-19. The PPO stated it ordered “the arrest of a person who appeared in a video mocking the COVID-19 crisis and giving misleading information about the current situation.”
On April 1, Prisoners of Conscience reported that authorities arrested a number of social media personalities, including Rakan al-Assiri, Mohammed al-Fawzan, Majed al-Ghamdi, and Mohammed al-Jedaie, over old tweets and videos expressing personal views, while Ministry of Interior spokesperson Lieutenant Colonel Talal al-Shalhoub stated they were arrested for breaking COVID-19 curfew restrictions.
Freedom of Press and Media, Including Online Media: The Press and Publications Law governs printed materials; printing presses; bookstores; the import, rental, and sale of films; television and radio; foreign media offices and their correspondents; and online newspapers and journals. Media fall under the jurisdiction of the Ministry of Media. The ministry may permanently close “whenever necessary” any means of communication–defined as any means of expressing a viewpoint that is meant for circulation–that it deems is engaged in a prohibited activity, as set forth in the law.
Media policy statements urged journalists to uphold Islam, oppose atheism, promote Arab interests, and preserve cultural heritage. A 2011 royal decree amended the press law to strengthen penalties, create a special commission to judge violations, and require all online newspapers and bloggers to obtain a license from the ministry. The decree bans publishing anything “contradicting sharia, inciting disruption, serving foreign interests that contradict national interests, and damaging the reputation of the grand mufti, members of the Council of Senior Religious Scholars, or senior government officials.”
The law states that violators can face substantial fines for each violation of the law, which doubles if the violation is repeated. Other penalties include banning individuals from writing. While the Violations Considerations Committee in the Ministry of Media has formal responsibility for implementing the law, the Ministry of Interior, the CPVPV, and judges considered these issues regularly and exercised wide discretion in interpreting the law. It was unclear which of these institutional processes accords with the law.
Although unlicensed satellite dishes were illegal, the government did not enforce restrictions on them, and their use was widespread. Many foreign satellite stations broadcast a wide range of programs into the country in Arabic and other languages, including foreign news channels. Access to foreign sources of information, including via satellite dishes and the internet, was common. Foreign media were subject to licensing requirements from the Ministry of Media and could not operate freely. Some privately owned satellite television networks, headquartered outside the country, maintained local offices and operated under a system of self-censorship.
Violence and Harassment: Authorities subjected journalists, writers, and bloggers to arrest, imprisonment, and harassment during the year (see sections 1.c., Prison and Detention Center Conditions and 1.e., Political Prisoners and Detainees). NGOs, academics, and the press claimed the government targeted dissidents using automated social media accounts to ensure that progovernment messages dominated social media trend lists and effectively silenced dissenting voices. Automated account activity was reportedly accompanied by online harassment by progovernment accounts in some instances.
On July 19, writer and journalist Saleh al-Shehi died in the hospital two months after his early release from prison due to poor health. Al-Shehi had served more than two years of a five-year sentence for insulting, defaming, and offending the royal court and its staff after accusing the royal court of corruption. Local media reported COVID-19 as the cause of death. According to the GCHR, his health deteriorated while in prison. Reporters without Borders, the GCHR, and ALQST called for an independent international inquiry into al-Shehi’s death.
On July 21, ALQST reported that in late April authorities arrested journalist Aql al-Bahili, writer Abdulaziz al-Dukhail, and activist Sultan al-Ajmi, among other journalists and intellectuals, for tweeting condolences following the death of reformer and rights activist Abdullah al-Hamid (see section 1.a.).
Censorship or Content Restrictions: The government reportedly penalized those who published items counter to government guidelines and directly or indirectly censored media by licensing domestic media and by controlling importation of foreign printed material.
All newspapers, blogs, and websites in the country must be government licensed. The Ministry of Media must approve the appointment of all senior editors and has authority to remove them. The government provided guidelines to newspapers regarding controversial issues. The Saudi Press Agency reported official government news. The government owned most print and broadcast media and book publication facilities in the country, and members of the royal family owned or influenced privately owned and nominally independent operations, including various media outlets and widely circulated pan-Arab newspapers published outside the country. Authorities prevented or delayed the distribution of foreign print media covering issues considered sensitive, effectively censoring these publications.
The government censored published online and print material it considered blasphemous, extremist, racist, offensive, or inciting chaos, violence, sectarianism, or harm to the public order, as well as criticism of the royal family or its allies among the Gulf Arab states.
On April 6, local media reported that the governor of Asir Province, Prince Turki bin Talal bin Abdulaziz Al Saud, ordered the suspension of two episodes of a drama series deemed offensive to the population of Asir.
Online self-censorship was pervasive, as social media users were extremely cautious about what they post, share, or “like” due to the threat of harassment or prosecution under broadly worded antiterrorism and other laws. The government closely monitored and often targeted users who expressed support for liberal ideals, minority rights, or political reform, in addition to those who exposed human rights violations. Questioning religious doctrine was strictly taboo, particularly content related to the Prophet Muhammed. Twitter users were fearful of expressing support for outspoken activists who were detained or received prison sentences. Such pressures reportedly led many users to join social media networks that offer more privacy, such as Snapchat and Path.
In some cases, however, individuals criticized specific government bodies or actions publicly without repercussions.
Libel/Slander Laws: The cybercrimes law provides for a maximum penalty of one year’s imprisonment for “defamation and infliction of damage upon others through the use of various information technology devices,” including social media and social networks.
National Security: Authorities used the cybercrimes law and the counterterrorism law to restrict freedom of expression, including by prosecuting numerous individuals under these laws on charges related to statements made on social media.
The Ministry of Media or its agencies must authorize all websites registered and hosted in the country. The General Commission for Audiovisual Media has responsibility for regulating all audio and video content in the country, including satellite channels, film, music, internet, and mobile applications, independent from the Ministry of Commerce and Industry. Internet access was widely available.
The press and publications law implicitly covers electronic media, since it extends to any means of expression of a viewpoint meant for circulation, ranging from words to cartoons, photographs, and sounds. Laws, including the cybercrimes law, criminalize a number of internet-related activities, including defamation, hacking, unauthorized access to government websites, and stealing information related to national security as well as the creation or dissemination of a website for a terrorist organization. Security authorities actively monitored internet activity, both to enforce laws, regulations, and societal norms and to monitor recruitment efforts by extremist organizations such as ISIS.
The government reportedly collected information concerning the identity of persons peacefully expressing political, religious, or ideological opinions or beliefs online. According to Freedom House, authorities regularly monitored nonviolent political, social, and religious activists and journalists in the name of national security and maintaining social order.
Multiple rights groups reported that at least six individuals who had anonymous Twitter accounts critical of the government were arrested subsequent to a breach of Twitter user data.
Access to the internet is legally available only through government-authorized internet service providers (ISPs). The government required ISPs to monitor customers and required internet cafes to install hidden cameras and provide identity records of customers. Although authorities blocked websites offering proxies, persistent internet users accessed the unfiltered internet via other means.
On a number of occasions, government officials and senior clerics publicly warned against inaccurate reports on the internet and reminded the public that criticism of the government and its officials should be done through private channels, including official complaint processes.
The government charged those using the internet to express dissent against officials or religious authorities with terrorism, blasphemy, and apostasy.
The press and publications law criminalizes the publication or downloading of offensive sites, and authorities routinely blocked sites containing material perceived as harmful, illegal, offensive, or anti-Islamic. The governmental Communications and Information Technology Commission (CITC) filtered and blocked access to websites it deemed offensive, including sexual content, as well as pages calling for domestic political, social, or economic reforms or supporting human rights, including websites of expatriate Saudi dissidents.
The CITC coordinated decisions with the Saudi Arabian Monetary Agency on blocking phishing sites seeking to obtain confidential personal or financial information. Authorities submitted all other requests to block sites to an interagency committee, chaired by the Ministry of Interior, for decision. Under the Telecommunication Act, failure by ISPs to block banned sites can result in a substantial fine.
Several voice-over-internet-protocol call services, including WhatsApp, remained blocked and only accessible using a virtual private network.
Authorities blocked websites of some news and advocacy groups deemed critical of the government, including London-based al-Araby al-Jadeed, the Arab Network for Human Rights Information, and the global advocacy organization Avaaz. Authorities also blocked the website of the Islamic Umma Party, which operated underground because political parties are illegal (see section 3).
The government blocked Qatari websites, such as al-Jazeera, since 2017, due to a dispute between Qatar and a group of countries that included Saudi Arabia. In April the government blocked access to the websites of the Turkish official news agency, Anadolu Agency and the Turkish public broadcaster TRT’s Arabic edition. Writing for blocked websites, providing them with materials to publish, or promoting alternative addresses to access them is a crime under the cybercrimes law.
The government restricted some public artistic expression but opened up cultural expression in a number of areas. Academics reportedly practiced self-censorship, and authorities prohibited professors and administrators at public universities from hosting meetings at their universities with foreign academics or diplomats without prior government permission (see section 2.b., Freedom of Association).
On April 14, local media reported that Umm al-Qura University suspended a staff member and a student following their circulation of “deviant ideologies” on Twitter.
In 2016 King Salman issued royal decrees creating the General Entertainment Authority and the General Authority for Culture with a mandate to expand the country’s entertainment and cultural offerings in line with its social and economic reform plan, known as Vision 2030. During the year the General Entertainment Authority sponsored events dedicated to film, comics, music, and dance; however, programs were scaled down due to COVID-19 restrictions.
On February 20, Mecca regional authorities tweeted that the governor had ordered the arrest of female rapper Ayasel al-Bishi, calling the music video of her song “Bint Mecca” (Girl from Mecca) offensive to the customs and traditions of the holy city. Al-Bishi’s Twitter account was suspended, and the video was removed from YouTube. Local media reported that the PPO questioned al-Bishi over filming without a permit and then released her.
The law does not provide for freedom of assembly and association, which the government severely limited.
The law requires a government permit for an organized public assembly of any type. The government categorically forbids participation in political protests or unauthorized public assemblies, and security forces reportedly arrested demonstrators and detained them for brief periods. Security forces at times allowed a small number of unauthorized demonstrations throughout the country.
In May security authorities arrested Egyptian national Hossam Magdy after he allegedly threatened to protest in front of his country’s embassy to demand a seat on a repatriation flight.
The law provided for limited freedom of association, but the government strictly restricted this right. The law provides a comprehensive legal framework to govern the establishment, operation, and supervision of associations and foundations. The government prohibited the establishment of political parties. All associations must be licensed by the Ministry of Human Resources and Social Development and comply with its regulations. Some groups that advocated changing elements of the social or political order reported their licensing requests went unanswered for years, despite repeated inquiries. The ministry reportedly used arbitrary means, such as requiring unreasonable types and quantities of information, to delay and effectively deny licenses to associations. The government also harassed and detained Saudi-based family members and associates of Saudi citizens living abroad who were outspoken critics of the government (see sections 1.b., Disappearances and 1.f., Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence, for more details).
In September, Abdullah al-Maliki, an Islamic intellectual who defended the banned association ACPRA, was sentenced to seven years in prison.
Government-chartered associations limited membership only to citizens.
See the Department of State’s International Religious Freedom Report at https://www.state.gov/international-religious-freedom-reports/.
The law does not contain provisions for freedom of internal movement, foreign travel, emigration, and repatriation.
In-country Movement: The government generally did not restrict the free movement of male citizens within the country. The guardianship system no longer requires a woman to have the permission of her male guardian (normally a father, husband, son, brother, grandfather, uncle, or other male relative) to move freely within the country (see section 6, Women). On July 14, a court ruled in favor of a woman, whose trial lasted three years, after being charged with absenteeism, or taghayyub, under a law that allows guardians to report the unapproved absence of anyone under their guardianship. The court ruled that living independently did not constitute a criminal act subject to “discretionary” punishment (see section 6, Women).
Authorities respected the right of citizens to change residence or workplace, provided they held a national identification card.
Foreign Travel: There are restrictions on foreign travel. Many foreign workers require an exit visa and a valid passport to depart the country. Saudi citizens of both genders younger than 21, other dependents, or foreign citizen workers under sponsorship require a guardian’s consent to travel abroad. Royal Decree 134/M of August 2019 stipulates that citizens of either gender older than 21 can obtain and renew a passport and travel abroad without guardian permission.
The government reportedly confiscated passports for political reasons and revoked the rights of some citizens to travel, often without providing them notification or opportunity to contest the restriction. Most travel bans reportedly involved individuals in court cases relating to corruption, state security concerns, or labor, financial, and real estate disputes.
The Washington Post alleged the government increased the use of travel bans as part of a broader effort to suppress dissent within the royal family and business elite. Media estimated that thousands of Saudis were placed under travel restrictions, including relatives of citizens detained in the government’s anticorruption campaign as well as relatives of detained clerics and human rights activists. The government seized the U.S. passports of the wife and children of dual U.S.-Saudi citizen Walid Fitaihi, barring them from leaving the kingdom and freezing their assets following Fitaihi’s detention in 2017. While the international travel ban for family members had been lifted at times during Fitaihi’s detention, it was reinstated following Fitaihi’s release on bond and subsequent charging. Fitaihi was sentenced December 8 to six years in prison; as of year’s end he was out of prison pending appeal.
Access to Asylum: The law provides that the “state will grant political asylum if public interest so dictates.” There are no regulations implementing this provision. Generally, there is not a codified asylum system for those fleeing persecution, and the country is not a party to the 1951 Refugee Convention. The government permitted refugees recognized by the Office of the UN High Commissioner for Refugees (UNHCR) to stay in the country temporarily, pending identification of a durable solution, including third-country resettlement or voluntary repatriation. The government generally did not grant asylum or accept refugees for resettlement from third countries. Government policy is to refuse refugee status to persons in the country illegally, including those who have overstayed a pilgrimage visa. The government strongly encouraged persons without residency to leave, and it threatened or imposed deportation. Access to naturalization was difficult for refugees.
On April 4 and July 5, the government announced free three-month extensions of residency permits of all expatriates inside the country as well as the visas of visitors whose visa validity expired during the period of COVID-19-related suspension of flights. On April 6, the General Directorate of Passports announced electronic renewal of visitor identification cards for Yemeni citizens until May 14 in accordance with royal directives.
In an August report, HRW alleged that “thousands of Ethiopian migrants are now languishing in squalid detention centers in Saudi Arabia or remain stranded at the border” after being pushed out of Yemen by Houthi forces and COVID-19 travel restrictions with their home countries. Multiple media sources claimed the detainees faced overcrowding, abuse, and poor sanitation at immigration detention facilities in Jizan Province, without the ability to legally challenge their detention, according to HRW. On September 15, the International Organization for Migration expressed alarm at reports of the deteriorating situation and called for urgent action.
Media published purported mobile cell phone images received from migrants held inside immigration detention centers in Jizan, showing dozens of emaciated men lying in rows inside small rooms with barred windows. There were claims that one migrant died of heatstroke, a 16-year-old killed himself, and others lacked adequate food and water.
On November 20, HRW reported that two Uyghur men–Hemdullah Abduweli (or Aimidoula Waili on his Chinese passport) and Nurmemet Rozi (or Nuermaimaiti on his Chinese passport)–were arrested and potentially faced deportation to China. Both were residents in Turkey. Abduweli had been in hiding since February. In a November interview with Middle East Eye, Abduweli claimed that the Chinese government wanted him deported back to China.
The government did not recognize the right of Saudi citizens to petition for access to asylum or refugee status in foreign countries. In several cases the government prosecuted and penalized Saudi citizens who sought asylum in foreign countries, according to multiple sources.
Employment: Refugees and asylum seekers were generally unable to work legally, although Syrian and Yemeni citizens who possessed a temporary visa could obtain a visitor card from the Ministry of Interior, which reportedly allows these persons to work. The renewable permits are valid for up to six months and tied to the validity period of their temporary visas; men between the ages of 18 and 60 were eligible to apply. In 2017 the General Directorate of Passports allowed Yemeni men to convert their visitor identification card to a residency permit if their Yemeni passport and visitor identification card were valid.
Access to Basic Services: The government provides preferential access to education, health care, public housing, and other social services to citizens and certain legal residents. The UNHCR office in Riyadh provided a subsistence allowance covering basic services to a limited number of vulnerable families, based on a needs assessment. Authorities worked with UNHCR to provide medical treatment, also following a needs assessment. On March 30, King Salman ordered free coronavirus treatment for all citizens and residents, regardless of residency status, in all government and private health facilities. In November the government announced all citizens and residents would be provided the COVID-19 vaccine at no cost.
The country had a number of habitual residents who were legally stateless, but data on the stateless population were incomplete and scarce.
Citizenship is legally derived only from the father. Children born to an unmarried citizen mother who is not legally affiliated with the citizen father may be considered stateless, even if the father recognized the child as his. If the government did not authorize the marriage of a citizen father and a noncitizen mother prior to birth of the children, they may also be considered stateless. The nationality laws do not allow Saudi women married to foreign citizens to pass their nationality to their children, except in certain circumstances, such as fathers who are unknown, stateless, of unknown nationality, or do not establish filiation. Sons of citizen mothers and noncitizen fathers may apply for citizenship once they turn 18 (if not already granted citizenship at birth under certain circumstances); daughters in such cases can obtain citizenship only through marriage to a Saudi man. A child may lose legal identification and accompanying rights if authorities withdraw identification documents from a parent (possible when a naturalized parent denaturalizes voluntarily or loses citizenship through other acts). Since there is no codified personal status law, judges make decisions regarding family matters based on their own interpretations of Islamic law.
Foreign male spouses of female citizens can obtain permanent residency in the country without needing a sponsor, and they can receive free government education and medical benefits, although in general they cannot apply for citizenship on the basis of their marriage and residence. These spouses are also included in the quota of Saudis employed in private companies under the labor quota system, which improves their employment prospects. Female citizens must be between the ages of 30 and 50 to marry a non-Saudi man. Non-Saudi wives of Saudi men receive more rights if they have children resulting from their marriage with a Saudi man. Male citizens must be between the ages of 40 and 65 to marry a non-Saudi woman. The extent to which those strictures were enforced was unclear; there was anecdotal evidence they were not uniformly enforced. Children of Saudi women married to foreign spouses receive permanent residency, but their residency status is revocable in the event of the death of the Saudi mother.
In past years, UNHCR unofficially estimated there were 70,000 stateless persons in the country, almost all of whom were native-born residents known locally as Bidoon (an Arabic word that means “without” [citizenship]). Updated information on stateless persons was not available. Bidoon are persons whose ancestors failed to obtain nationality, such as descendants of nomadic tribes not counted among the native tribes during the reign of the country’s founder, King Abdulaziz; descendants of foreign-born fathers who arrived before there were laws regulating citizenship; and rural migrants whose parents failed to register their births. As noncitizens, Bidoon are unable to obtain passports. The government sometimes denied them employment and educational opportunities, and their marginalized status made them among the poorest residents of the country. In recent years the Ministry of Education encouraged them to attend school. The government issues Bidoon five-year residency permits to facilitate their social integration in government-provided health care and other services, putting them on similar footing with sponsored foreign workers. The General Directorate of Passports issued special identification cards to Bidoon similar to residency permits issued to foreigners in the country, but with features entitling their holders to additional government services similar to those available to citizens.
Baloch, West African, and Rohingya Muslims from Burma resident in Saudi Arabia were stateless. Some Rohingya had expired passports that their home government refused to renew; others had entered the country with fraudulent travel documents. Many of them had been held in detention for years following their entry into the country under fake passports. UNHCR estimated there were 280,000 Rohingya in the country. Some of these individuals benefited from a prior program to correct their residency status; in 2014 the government issued nearly 200,000 four-year residency permits to Rohingya who entered the country prior to 2008. Rohingya who arrived in the country after 2008 were not eligible for residency permits, although NGOs reported that Rohingya, including those without legal residency, were generally not subject to deportation prior to 2018. In January the government granted more than 190,000 free, four-year residency permits to Rohingya who were sponsored by companies, institutions, and members of their community.
There were reports of growing anti-Rohingya sentiment related to the perception that the Burmese community in Mecca was spreading COVID-19. On May 4, the government began demolitions of 114 buildings in al-Nakasah, in the municipality of Mecca–an impoverished area inhabited primarily by Rohingya residents. The decision garnered praise on social media, with some social media users referring to Rohingya as “garbage” and accusing them of spreading COVID-19.
There also were between 300,000 and 400,000 Palestinian residents not registered as refugees.
Turkey
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Expression, Including for the Press
The constitution and law provide for freedom of expression within certain limits. The government restricted freedom of expression, including for the press, throughout the year. Multiple articles in the penal code directly restrict press freedom and free speech through provisions that prohibit praising a crime or criminals or inciting the population to enmity, hatred, or denigration, as well as provisions that protect public order and criminalize insulting the state, the president, or government officials. Many involved in journalism reported that the government’s prosecution of journalists representing major opposition and independent newspapers and its jailing of journalists since the 2016 coup attempt hindered freedom of speech. Media professionals reported that self-censorship was widespread amid fear that criticizing the government could prompt reprisals.
The law provides for punishment of up to three years in prison for conviction of “hate speech” or injurious acts related to language, race, nationality, color, gender, disability, political opinion, philosophical belief, religion, or sectarian differences. Human rights groups criticized the law for not including restrictions based on gender identity and noted that the law was sometimes used more to restrict freedom of speech than to protect minorities.
The government convicted and sentenced hundreds of individuals for exercising their freedom of expression. According to a July MetroPOLL company survey, 62 percent of respondents believed media in the country was not free, and 50 percent believed they were not free on social media.
The government frequently responded to expression critical of it by filing criminal charges alleging affiliation with terrorist groups, terrorism, or otherwise endangering the state. In January, Ankara’s chief public prosecutor opened investigations into 50 persons for social media posts related to the 6.8-magnitude Elazig earthquake on January 24, charging that the posts were “creating worry, fear and panic among the public” and “insulting the Turkish people, the Republic of Turkey and public institutions.” At the end of May, the Ministry of Interior announced that in the six weeks after the COVID-19 pandemic reached the country in mid-March, authorities had examined 10,111 social media accounts containing “unfounded and provocative” information regarding COVID-19. Authorities also identified 1,105 individuals, detained more than 500 persons connected to those accounts for questioning, and initiated nearly 600 criminal investigations. Individuals investigated by police included prominent doctors and heads of medical associations. In October the Ministry of Interior announced it investigated 40 social media accounts, detained 10 individuals, and arrested two for social media posts related to the 7.0-magnitude earthquake that struck Izmir province on October 30.
During the year the government opened investigations into thousands of individuals, including politicians, journalists, and minors, based on allegations of insulting the president; the founder of the Turkish Republic, Mustafa Kemal Ataturk; or state institutions. According to Ministry of Justice statistics, police investigated 36,066 individuals for insulting the president or the state in 2019; 12,298 stood trial and 3,831 were penalized. In contrast from 2014 to 2019, the number of individuals that received prison sentences under insult laws dropped to 2,663. In July police detained 11 persons and arrested one for comments made on social media posts about the president’s daughter and son-in-law, former treasury and finance minister Berat Albayrak, following the birth of their son on charges of “insulting a public official.”
Estimates of the number of imprisoned journalists varied, ranging from at least 37 according to the Committee to Protect Journalists to 79 according to the International Press Institute. The majority faced charges related to antigovernment reporting or alleged ties to the PKK or Gulen movement.
The Media and Law Studies Association in Istanbul attributed the disparity in estimates of the number of incarcerated journalists to the varying definitions of “journalist” or “media worker.” While the government officially recognizes as journalists only persons whom it has issued a yellow press accreditation card–typically limited to reporters, cameramen, and editors–media watchdog groups included distributors, copy editors, layout designers, and other staff of media outlets in their definition. The government often categorized imprisoned journalists from Kurdish-language outlets or alleged pro-Gulen publications as “terrorists,” claiming ties to or support for the PKK and the Gulen movement. Information about and access to the imprisoned staff of some of these outlets was therefore limited, further contributing to disparities in tallies of jailed journalists.
An unknown number of journalists were outside the country and did not return due to fear of arrest, according to the Journalists Association. In June in response to a parliamentary question submitted six months earlier by an HDP MP, Vice President Fuat Oktay stated, the government shut down a total of 119 media outlets under state of emergency decrees following the 2016 failed coup attempt, including a total of 53 newspapers, 20 magazines, 16 television channels, 24 radio stations, and six news agencies. Independent reports estimated the government has closed more than 200 media companies since 2016.
Freedom of Speech: Individuals in many cases could not criticize the state or government publicly without risk of civil or criminal suits or investigation, and the government restricted expression by individuals sympathetic to some religious, political, or cultural viewpoints. At times those who wrote or spoke on sensitive topics or in ways critical of the government risked investigation, fines, criminal charges, job loss, and imprisonment.
On June 23, an Istanbul court upheld the conviction and sentencing of the main opposition CHP Istanbul provincial chair Canan Kaftancioglu on multiple charges related to tweets critical of government policy, including comments related to the 2013 Gezi Park Protests and the 2016 coup attempt, which she made between 2012 and 2017. A lower court had sentenced Kaftancioglu to nearly 10 years’ imprisonment in 2018 for “insulting the republic,” “insulting the president,” and “spreading terrorist propaganda” in tweets. At year’s end she remained free pending her final legal appeal. Kaftancioglu also faced separate charges under a December indictment by the Istanbul Prosecutor’s Office for ordering photographs of alleged illegal construction on land owned by Presidential Communications Director Fahrettin Altun. The indictment sought up to 10 years’ imprisonment for Kaftancioglu. Authorities scheduled the first hearing of the case for May 2021.
A parliamentary by-law prohibits use of the word “Kurdistan” or other sensitive terms by MPs on the floor of parliament and provides for the possibility of fining violators; however, authorities did not uniformly implement this by-law. Diyarbakir Bar Association chairman Ahmet Ozmen continued to face charges filed in 2019 stemming from a statement the Bar Association released in 2017, stating, “We share the unrelieved pain of Armenian people.”
Rights groups and free speech advocates reported intensifying government pressure that in certain cases resulted in their exercising enhanced caution in their public reporting.
In late April the Ankara Bar Association filed a complaint for hate speech against Ali Erbas, president of the Directorate of Religious Affairs (Diyanet), following a sermon in which he stated that homosexuality causes illness, including HIV. In response President Erdogan announced that an attack against Erbas was an attack against the state. The Istanbul Prosecutor’s Office promptly opened a criminal investigation against the bar association, and President Erdogan commented, “All will know their place.”
Freedom of Press and Media, Including Online Media: Mainstream print media and television stations were largely controlled by progovernment holding companies heavily influenced by the ruling party. Reporters without Borders estimated the government was able to exert power in the administration of 90 percent of the most watched television stations and most read national daily newspapers through the companies’ affiliation with the government. Only a small fraction of the holding companies’ profits came from media revenue, and their other commercial interests impeded media independence, encouraged a climate of self-censorship, and limited the scope of public debate.
Nearly all private Kurdish-language newspapers, television channels, and radio stations remained closed on national security grounds under government decrees.
Government prosecution of journalists limited media freedom throughout the year. In 2018 authorities convicted 14 persons affiliated with the leading independent newspaper, Cumhuriyet on charges of aiding terrorist organizations, citing their reporting as part of the evidence against the accused, and sentenced to prison terms of between three and seven years. After a lengthy appeal process, the Constitutional Court found no rights violations in cases for 11 of the journalists but ruled in favor of three. On November 10, the ECHR found that Turkey violated the freedom of expression rights of eight of the journalists and ordered them to be compensated 16,000 euro ($19,200) each. On November 24, the ECHR separately found that the country had violated the rights of another defendant, journalist Ahmet Sik.
In July an Istanbul court convicted Turkish-German journalist Deniz Yucel of “incitement to hatred” and spreading “terrorist propaganda” for articles he wrote on Turkey as a correspondent for the German newspaper Die Welt and sentenced him in absentia to two years and nine months in prison. The Constitutional Court had previously reviewed the press articles in the indictment and determined they were protected by freedom of the press. Yucel indicated he would appeal the ruling.
In several cases the government barred journalists from travelling outside the country, including through the use of electronic monitoring. For example, in October an Istanbul court sentenced five of eight Yeni Yasam, Yeni Cag, and OdaTV journalists on trial for allegedly revealing the identity of intelligence officers to more than four years in prison. The court released three of the defendants, Baris Pehlivan, Hulya Kilinc, and Murat Agirel, based on time served but imposed an international travel ban. The court acquitted the two OdaTV journalists.
Violence and Harassment: Government and political leaders and their supporters used a variety of means to intimidate and pressure journalists, including lawsuits, threats, and, in some cases, physical attack.
According to the Committee to Protect Journalists, in 2019 at least nine journalists were physically attacked, often outside of their place of work. Although in some cases suspects were identified quickly, by year’s end authorities had made no arrests or publicly noted progress in investigations against the perpetrators. Victims publicly expressed a belief that law enforcement agencies were not interested in prosecuting the crimes. On August 19, Saban Onen, a journalist of a Bursa-based local newspaper was attacked in a parking garage in Karacabey. Onen claimed that the attackers were relatives of the ruling AKP mayor of Karacabey and specifically referenced his writing about the mayor during the attack. On August 26, a vehicle belonging to the Nevsehir Journalists Association was set on fire. The chair of the association, Bayram Ekici, stated he believed the attack was a premediated attempt to intimidate journalists.
The government routinely filed terrorism-related charges against individuals or publications in response to reporting on sensitive topics, particularly government efforts against PKK terrorism and the Gulen movement (also see National Security). Human rights groups and journalists asserted the government did this to target and intimidate journalists and the public for speech critical of the state. In September authorities arrested on slander charges the publisher and editor in chief of a daily newspaper in Kocaeli Province after the newspaper ran a story accusing local AKP officials of sexually abusing a minor.
Journalists reported that media outlets fired some individuals for being too controversial or adversarial with the government out of fear of jeopardizing other business interests.
Journalists affiliated or formerly affiliated with pro-Kurdish outlets faced significant government pressure, including incarceration. The government routinely denied press accreditation to Turkish citizens working for international outlets for any association (including volunteer work) with private Kurdish-language outlets.
Censorship or Content Restrictions: Government and political leaders maintained direct and indirect censorship of media and books. Authorities subjected some writers and publishers to prosecution on grounds of defamation, denigration, obscenity, separatism, terrorism, subversion, fundamentalism, or insulting religious values. Authorities investigated or continued court cases against a myriad of publications and publishers on these grounds during the year. Human rights organizations voiced strong concern that a law governing social media that went into effect October 1 would result in increasing social media censorship and indiscriminate enforcement of content removal requests imposed by courts or made through individuals’ requests by social media companies (see section 2.a., Internet Freedom for details). Media professionals widely reported practicing self-censorship due to intimidation and risks of criminal and civil charges.
While the law does not prohibit particular books or publications, authorities required publishing houses to submit books and periodicals to prosecutors for screening at the time of publication. The Turkish Publishers Association reported that bookstores did not carry books by some opposition political figures.
The Turkish Publisher’s Association reported that publishers often exercised self-censorship, avoiding works with controversial content (including government criticism, erotic content, or pro-Kurdish content) that might draw legal action. The association reported that publishers faced publication bans and heavy fines if they failed to comply in cases in which a court ordered the correction of offensive content. Authorities also subjected publishers to book promotion restrictions. In some cases prosecutors considered the possession of some Kurdish-language, pro-Kurdish, or Gulen movement books to be credible evidence of membership in a terror organization. In other cases authorities banned books because of objectionable content.
In August an Istanbul court banned access to reporting by major newspapers and broadcast networks that a large tender was awarded to a friend of the president’s son. In September an Istanbul court ordered an additional access ban to news articles regarding the initial access ban.
In October police raided the Van bureau of Mezopotamya Ajansi and the homes of many journalists of the news agency. Police detained four journalists during the raid and confiscated their cameras and technical equipment. One of the journalists, Cemil Ugur, first reported the story of two villagers in Van who were allegedly detained, tortured, and thrown from a helicopter by soldiers in September. The courts granted a confidentiality order requested by the Van Chief Prosecutor’s Office on news reports concerning the incident. On October 1, an Ankara penal judge also ruled to permit the Information and Communications Technologies Authority to block access to Mezopotamya Ajansi’s online content.
Some journalists reported their employers asked them to censor their reporting if it appeared critical of the government or fired them if they failed to comply. These pressures contributed to an atmosphere of self-censorship in which media reporting became increasingly standardized along progovernment lines. For instance, the government continued to pursue a case against Cumhuriyet journalists Alican Uludag and Duygu Guvenc for “publicly degrading the judiciary” and “insulting the Turkish nation” for their coverage of the country’s arrest of Andrew Brunson in 2018. On October 22, the court ruled that Uludag and Guvenc be acquitted as “the act in question is not defined as a crime in the law.”
Radio and television broadcast outlets did not provide equal access to the country’s major political parties. Critics charged that media generally favored the ruling AKP. In December the owner of private media outlet Olay TV announced that he would close the channel after only a month of operation because its editorial line prioritized pro-HDP content. The editor in chief of Olay TV announced during its last broadcast that the government pressured channel executives to close the channel. Other outlet employees told reporters the channel faced government scrutiny because it was too critical of the government and included reports of alleged corruption and human rights violations by government officials.
Radio and Television Supreme Council (RTUK) member Ilhan Tasci, who represented the CHP, reported that as of December, RTUK had fined or suspended independent broadcasters in 54 instances. During that time government-affiliated broadcasters received two warnings and one fine. Independent broadcasters paid 25 times more in fines than government-affiliated ones.
RTUK continued the practice of fining broadcasters whose content it considered “contrary to the national and moral values of society.” Service providers that broadcast online are required to obtain a license or may face having their content removed. RTUK is empowered to reject license requests on the grounds of national security and to subject content to prior censorship. In July, RTUK announced it would suspend pro-opposition television stations Halk TV and TELE1 for five days and that the two outlets could lose their broadcast licenses entirely if they received another penalty. RTUK ruled that TELE1 “incited hatred” during two news programs that criticized the country’s Directorate of Religious Affairs (Diyanet) and President Erdogan. RTUK imposed the suspension on Halk TV for criticizing Turkey’s foreign policy. The NGO Committee to Protect Journalists warned, “the two channels were two remaining pro-opposition broadcast outlets in a media landscape that has become predominantly progovernment” and that “their presence is vital for media plurality” in the country. After the broadcasters lost court appeals, RTUK suspended TELE1 and Halk TV broadcasts for five days in September.
Libel/Slander Laws: Observers reported that government officials used defamation laws to stop political opponents, journalists, and ordinary citizens from voicing criticism (see section 2.a., Freedom of Expression, Including for the Press). According to press reports, convictions for insulting the president increased 13-fold between 2016 and the end of 2019. The law provides that persons who insult the president of the republic may face a prison term of up to four years. The sentence may be increased by one-sixth if committed publicly and by one-third if committed by media outlets.
Authorities charged citizens, including minors, with insulting the country’s leaders and denigrating “Turkishness.” Free speech advocates pointed out that, while leaders and deputies from opposition political parties regularly faced multiple insult charges, the government did not apply the law equally and that AKP members and government officials were rarely prosecuted. In March, Engin Ozkoc of the opposition CHP insulted the president using the same phrasing that the president used in reference to Ozkoc. Ozkoc’s comments set off a brawl on the floor of the parliament. Erdogan sued Ozkoc for libel and the Prosecutor’s Office opened an investigation into Ozkoc’s comments.
In September a court sentenced the former cochair of the pro-Kurdish Democratic Regions Party Sebahat Tuncel to 11 months in prison for insulting the president. Tuncel had called Erdogan a misogynist and “an enemy of women and Kurds.”
In May police arrested former CHP Izmir province vice chair Banu Ozdemir for her social media posts sharing videos of Izmir mosques playing the song “Bella Ciao” from their speakers after a hacking incident. Ozdemir was arrested on charges of “denigrating religious values” and spent one week in pretrial detention. On December 10, an Izmir court acquitted Ozdemir.
National Security: Authorities regularly used the counterterrorism law and the penal code to limit free expression on grounds of national security. Organizations, including the Committee to Protect Journalists and Freedom House, reported that authorities used the counterterrorism law and criminal code to prosecute journalists, writers, editors, publishers, filmmakers, translators, rights activists, lawyers, elected officials, and students accused of supporting a terrorist organization–generally either the PKK or the Gulen movement.
In March an Istanbul court ordered the arrest of seven journalists and editors for their news organizations’ reports on the funeral of an alleged MIT official who died in Libya in February. Authorities charged the journalists with exposing the identities of MIT agents and their families. In September an Istanbul court found five of the journalists guilty and issued sentences from three to more than four years imprisonment. The court acquitted two of the journalists.
The trial of prominent columnist Ahmet Altan continued, and he remained in prison at year’s end. Altan was convicted in 2018 for “attempting to overthrow the constitutional order” relating to allegations he had a role in the 2016 attempted coup; Altan received an aggravated life sentence. In 2019 after the Supreme Court of Appeals overturned the life imprisonment sentence, Altan was convicted for “aiding a terrorist organization” and released on time served. Within days of the release, he was rearrested following the prosecutor’s objection. In December the Constitutional Court rejected Altan’s application for review of his re-arrest. Rights groups claimed that Altan faced charges in reprisal for his work as a journalists and author.
Authorities also targeted foreign journalists. For example, in March authorities detained a group of journalists, including five foreign journalists along the Turkey-Greece border, for allegedly violating the border zone. All were later released.
Nongovernmental Impact: The PKK used intimidation to limit freedom of speech and other constitutional rights in the southeast. Some journalists, political party representatives, and residents of the southeast reported pressure, intimidation, and threats if they spoke out against the PKK or praised government security forces.
The government continued to restrict access to the internet and expanded its blocking of selected online content. The government at times blocked access to cloud-based services and permanently blocked access to many virtual private networks. There was evidence the government monitored private online communications using nontransparent legal authority. The Freedom House report Freedom on the Net 2020: The Pandemic’s Digital Shadow noted that the government harassed, arrested, and detained journalists, activists, and bloggers for their online activity, especially during the COVID-19 pandemic.
The law allows the government to block a website or remove content if there is sufficient suspicion that the site is committing any number of crimes, including insulting the founder of the Turkish Republic, Mustafa Kemal Ataturk, or insulting the president. The government may also block sites to protect national security and public order. At times authorities blocked some news and information sites that had content criticizing government policies. The law also allows persons who believe a website violated their personal rights to ask the regulatory body to order internet service providers (ISPs) to remove offensive content. Government leaders, including the president, reportedly employed staff to monitor the internet and initiate charges against individuals perceived as insulting them.
The government-operated Information and Communication Technologies Authority (BTK) is empowered to demand that ISPs remove content or block websites with four hours’ notice, as are government ministers. The regulatory body must refer the matter to a judge within 24 hours, who must rule on the matter within 48 hours. If it is not technically possible to remove individual content within the specified time, the entire website may be blocked. ISP administrators may face a penalty of six months to two years in prison or fines ranging from 50,000 to 500,000 lira ($6,400 to $64,000) for conviction of failing to comply with a judicial order. The president appoints the BTK president, vice president, and members of the agency.
In July parliament passed a law regulating online social media providers. According to the law, beginning in October social media companies with more than one million users are required to establish legal in-country representation and to store user data in the country. Failure to establish legal representation is subject to escalating penalties, starting with fines of up to 40 million lira ($5.5 million), a ban on ad placement with the company, and bandwidth restrictions of up to 90 percent. The law also imposes a regulation on content removal, requiring social media companies to respond to content removal requests from individuals within 48 hours and from courts within 24 hours, or face heavy fines. Beginning in June 2021, the law will require social media companies to report and publish on their websites’ statistics on content removal. Opponents of the law asserted it was intended to silence dissent and stifle expression online. There were also concerns that social media company representatives may face criminal charges if companies fail to comply with government requests, and advocates have raised significant data privacy concerns about the new requirement to store data in the country. Prior to the law, the government required content providers to obtain an operating certificate for the country. In November and December, the BTK imposed fines on several social media companies, including Facebook, Twitter, and Instagram, for noncompliance with the law’s in-country legal representation requirements.
The government has authority to restrict internet freedom with limited parliamentary and judicial oversight. The law provides that government authorities may access internet user records to “protect national security, public order, health, and decency” or to prevent a crime. The law also establishes an ISP union of all internet providers that is responsible for implementing website takedown orders. The judicial system is responsible for informing content providers of ordered blocks.
The government required ISPs, including internet cafes, to use BTK-approved filtering tools that blocked specific content. Additional internet restrictions were in place in government and university buildings. According to the internet freedom NGO EngelliWeb, the government blocked 61,049 domain names during 2019, increasing the total number of blocked sites to 408,494. Of the new domain names that the government blocked, 70 percent were blocked through a BTK decision that did not require judicial approval. According to EngelliWeb reporting, 5,599 news articles were blocked in 2019, and news providers removed 3,528 articles after a block was implemented.
In January the government lifted a ban on Wikipedia following a court ruling in December 2019 that the ban constituted a violation of free expression. The government imposed the ban in 2017 based on “national security concerns.”
According to Twitter’s internal transparency report, during the last six months of 2019 the company received 5,195 court orders and other legal requests from authorities to remove content. The country was responsible for 19 percent of Twitter’s global legal demands.
During the year the government continued to limit academic freedom, restrict freedom of speech in academic institutions, and censor cultural events.
The president appointed rectors to state and foundation-run universities, leading critics to assert that the appointments compromised the academic and political independence of the institutions. Some academics faced charges due to public statements critical of government policy. Academics and others criticized the situation in public universities, asserting that the dismissals of more than 7,000 academics during the 2016-18 state of emergency had depleted many departments and institutions of qualified professional staff to the detriment of students and the quality of education.
In July 2019 the Constitutional Court ruled that the prosecution of nearly 2,000 academics, known as the “Academics for Peace,” was a violation of freedom of expression. The academics had signed a 2016 petition condemning state violence in the southeast and been prosecuted on terrorist propaganda charges. As of September, 622 of the 822 Academics for Peace cases ended in acquittal. Most of the academics acquitted in 2019 had been fired from their positions and had not been reinstated at year’s end.
In April the parliament amended the Higher Education Law. The amendment included specification of grounds for censure and dismissal of academics, including engaging in and supporting “activities that qualify as terror” and insulting a superior. The University Faculty Members Association released a statement that expressed concern the amendment threatens academic freedom.
Some academics and event organizers stated their employers monitored their work and that they faced censure from their employers if they spoke or wrote on topics not acceptable to academic management or the government. Many reported practicing self-censorship. Human rights organizations and student groups criticized court- and Higher Education Board-imposed constraints that limited university autonomy in staffing, teaching, and research policies. In December 2019 the Council of Higher Education temporarily suspended the operating license of Istanbul Sehir University, established by former prime minister Ahmet Davutoglu. In January the council seized the assets of the Science and Art Foundation that managed the university and appointed trustees to its management, citing financial mismanagement and inadequate funds as the reason for the intervention. Academic freedom activists claimed that the actions were in retaliation for Davutoglu’s establishment of a new opposition party.
Antiterror measures also affected arts and culture. The government banned more than 200 Turkish and Kurdish songs on the grounds their content encouraged persons to smoke or drink or conveyed “terrorist propaganda.” Police arrested members of Grup Yorum, a popular folk band collective, in 2016 on terror charges alleging the group’s links to terrorist group Revolutionary Peoples Liberation Party-Front and banned them from performing. In April and May, two members of the group, Helin Bolek and Ibrahim Gokcek died as a result of hunger strikes in protest of the group’s treatment. Two additional members remained in prison. In August police detained at least 10 persons for attending an unauthorized concert in Istanbul by the group. Authorities arrested at least two persons for attending the unauthorized concert.
The government restricted the freedoms of peaceful assembly and association.
Although the constitution provides for freedom of assembly, the law provides several grounds for the government to limit that right. The law stipulates penalties for protesters convicted of carrying items that might be construed as weapons, prohibits the use of symbols linked to illegal organizations (including chanting slogans), and criminalizes covering one’s face while protesting. The law permits police to use tinted water in water cannons, potentially to tag protesters for later identification and prosecution. The law also allows police to take persons into “protective custody” without a prosecutor’s authorization if there is reasonable suspicion that they are a threat to themselves or to public order. The antiterror law gives governorates enhanced authority to ban protests and public gatherings, a ban some governorates enacted broadly during the year.
The government regarded many demonstrations as security threats to the state, deploying large numbers of riot police to control crowds, frequently using excessive force and resulting in injuries, detentions, and arrests. At times the government used its authority to detain persons before protests were held on the premise they might cause civil disruption. The government generally supported security forces’ actions. The HRFT reported that in the first eight months of the year, police intervened in at least 637 demonstrations. As many as 1,364 persons claimed they were beaten and received other inhuman treatment during these police interventions. Neither the government nor human rights groups released statistics regarding the number of demonstrations that proceeded without government intervention. Year-end figures for those injured in clashes with authorities during demonstrations were not available. Human rights NGOs asserted the government’s failure to delineate clearly in the law the circumstances that justify the use of force contributed to disproportionate use of force during protests.
In July dozens of leaders and members of 29 bar associations participated in a march to Ankara to protest anticipated legal changes to regulations governing bar associations. Police forcibly disrupted the march as they entered the city of Ankara and prevented bar association chairs from participating in a sit-in in front of the parliament. Video footage showed police pushing and jostling the bar association heads.
On March 8, police clashed with demonstrators intending to mark International Women’s Day by marching through Istanbul’s Taksim Square and Istiklal Avenue. Prior to the scheduled march, the governor of Istanbul announced the areas would be closed for demonstrations and assembly and deployed an extensive police presence to prevent access to the main thoroughfares. Despite the announcement, groups proceeded with the planned march and attempted to enter the area. Police blocked the entrances and dispersed the group using tear gas and riot shields. According to media reports, police detained 32 women during the confrontations. Police did not disperse commemorations and marches hosted by women’s groups in the city’s Kadikoy neighborhood on the Asian side of Istanbul.
Throughout the year during court hearings of jailed former HDP cochair Demirtas, the Ankara governorate or court security personnel banned gatherings, marches, and sit-in protests outside the court. Authorities generally prohibited domestic and international observers from observing the hearings.
The government continued selectively to ban demonstrations outright if they were critical of the government and selectively applied COVID-19 restrictive measures to demonstrations. For instance, the Tekirdag Governor’s Office closed entrance to the province citing COVID-19 precautions ahead of the HDP March for Democracy from Edirne to Ankara, scheduled in June to take place during three days. Sit-ins outside HDP buildings in Diyarbakir to demand the return of children allegedly forcibly recruited by the PKK continued for the second year. Pro-Kurdish demonstrations of many kinds faced violent police responses throughout the year.
Istanbul police continued to prevent the vigil of the Saturday Mothers from taking place on Istiklal Street, in July detaining three group members during the commemoration of the vigil’s 800th week. Since the 1990s, the Saturday Mothers gathered to commemorate the disappearances of relatives following their detention by security forces in the 1980s and 1990s and to call for accountability.
In January police prevented Melek Cetinkaya, the mother of one of 259 military cadets jailed and sentenced to aggravated life in prison in the aftermath of the July 2016 failed coup, from launching a march for justice from Ankara to Istanbul. Police detained Cetinkaya and 66 family members of other imprisoned cadets who were to join the march. The group planned to walk from Ankara to Silivri Prison in Istanbul, where the cadets are jailed. Police teams took heightened security measures in the city center of Ankara before the group gathered and began detaining marchers as they entered the area. Authorities later released all of the detained protesters. Cetinkaya accused police of excessive force.
Throughout the year the governors of Van, Tunceli, Mus, Hakkari, and several other provinces banned public protests, demonstrations, gatherings of any kind, and the distribution of brochures. The longstanding bans in the southeast of the country have remained in place during the year.
In contrast with previous years, labor unions, labor organizations, and opposition political parties called on citizens to honor Labor Day on May 1 while respecting social distance measures. In particular these groups encouraged supporters to sing songs from balconies, share messages via social media, and explore other activities that respect social distancing requirements during the COVID-19 crisis. Social media showed that many celebrations occurred in isolation across the country. In Istanbul and Ankara, police detained and later released at least 45 persons for attempting to march despite a mandatory three-day COVID-related lockdown. Among others, police detained the chair of the Confederation of Progressive Trade Unions (DISK), Arzu Cerkezoglu, as well as 25 other DISK members as they attempted to march to Taksim Square in Istanbul. Prior to the event, DISK claimed to have contacted and informed the Istanbul Governor’s Office regarding its plans to organize a march. The office stated that DISK received Istanbul approval to travel by vehicles, not by foot, and blamed DISK for violating social distancing measures and initiating brawls with law enforcement officials.
While the law provides for freedom of association, the government continued to restrict this right. The government used provisions of the antiterror law to prevent associations and foundations it had previously closed due to alleged threats to national security from reopening. In its 2019 end-of-year report, the Inquiry Commission on the State of Emergency Measures reported that 208 of the 1,727 associations and foundations closed following the 2016 coup attempt have been allowed to reopen. Observers widely reported the appeals process for institutions seeking redress through the Inquiry Commission on the State of Emergency Measures remained opaque and ineffective (see section 1.e.).
By law persons organizing an association do not need to notify authorities beforehand, but an association must provide notification before interacting with international organizations or receiving financial support from abroad and must provide detailed documents on such activities. Representatives of associations stated this requirement placed an undue burden on their operations. Human rights and civil society organizations, groups promoting lesbian, gay, bisexual, transgender, and intersex (LGBTI) rights, and women’s groups in particular stated the government used regular and detailed audits to create administrative burdens and to intimidate them through the threat of large fines. For instance, the HRA reported that continued investigations and audits during the last four years have created immense pressure on the organization. In February the government launched a three-week audit of the HRA.
The case against former Amnesty International honorary chair Taner Kilic and 10 other human rights defenders continued in appeals court. Authorities charged the defendants with “membership in a terrorist organization” or “aiding a terrorist organization without being a member,” largely stemming from attendance at a 2017 workshop, “Protecting Human Rights Advocates–Digital Security,” held on Istanbul’s Buyukada Island. On July 3, an Istanbul court convicted four of the human rights activists on terrorism-related charges. Nearly three years after his arrest, Kilic received a prison sentence of six years and three months for membership in a terrorist organization. The court sentenced former Amnesty International Turkey director Idil Eser, and fellow human rights defenders Gunal Kursun and Ozlem Dalkiran to two years and one month for assisting a terrorist organization. The court acquitted seven other human rights activists including German citizen Peter Steudtner and Swedish citizen Ali Gharavi. The four convicted human rights activists remained free pending appeal; the ban on Kilic’s foreign travel, imposed in 2018, remained in place.
On December 27, the parliament adopted new counterterrorist financing legislation entitled “Preventing Financing of Proliferation of Weapons of Mass Destruction” granting the Ministry of Interior powers to audit, suspend staff and governing board members, and temporarily shut down operations of NGOs. The legislation prompted strong concern among civil society groups. Nearly 700 civil society organizations signed a petition opposing the new law, noting it would expand Ministry of Interior “political tutelage,” severely restrict fundraising, and allow for rapid closure of civil society groups without judicial review.
On July 11, parliament approved a law changing the regulations governing bar associations. The law allows lawyers in provinces with more than 5,000 bar association members to establish new associations after collecting a minimum of 2,000 member signatures. Whereas previous regulations only permitted one bar association per province, the new regulations allow for multiple bar associations in large provinces, paving the way for provincial associations to splinter into many groups, which could dilute the voices of existing organizations. The law also changed delegate representation within the Union of Turkish Bar Associations (UTBA), a governing body of bar associations, reducing the influence of large bar associations from major metropolitan areas. All 80 Turkish bar associations, as well as human rights groups, publicly criticized the law, predicting it would undermine judicial independence, divide bar associations along political lines, and diminish the voices of bar associations critical of the government’s actions. To date, bar associations in major metropolitan areas have wielded significant political power and influence, particularly in matters of human rights and rule of law. In September a group of Istanbul Bar Association lawyers gathered enough signatures to establish a new association in the city and filed a registration petition with UTBA.
On October 2, the Ministry of Interior issued a circular postponing bar association elections scheduled by law from October to December. The circular cited anti-COVID-19 precautions banning all in-person events held by professional organizations and NGOs. Major bar associations protested the move, alleging the postponement decision was political since a later election timeline would allow newly established bar associations to participate. On October 5, a total of 76 of 80 bar associations issued a statement alleging that the circular violates Turkish law and filed civil suits. Courts dismissed Ankara, Istanbul, and Izmir associations’ suits. In December the minister of interior postponed the elections further to March 2021.
Bar association and other civil society organization representatives reported that police sometimes attended organizational meetings and recorded them, which the representatives interpreted as a means of intimidation.
In March the country enacted amendments to the Law on Associations introducing requirements that associations notify local administrative authorities of any changes in membership within 30 days or face penalties. The Council of Europe issued a statement calling the amendments “problematic on both procedural and substantive accounts” and noted they failed to meet requirements under the ECHR.
See the Department of State’s International Religious Freedom Report at https://www.state.gov/religiousfreedomreport/ .
The constitution provides for freedom of internal movement, foreign travel, emigration, and repatriation, but the government limited these rights. The government continued to restrict foreign travel for some citizens accused of links to the Gulen movement or the failed 2016 coup attempt. In June authorities lifted passport restrictions for 28,075 individuals, in addition to the 57,000 lifted in 2019, although it remained unclear how many more remained unable to travel. Curfews imposed by local authorities in response to counter-PKK operations and the country’s military operation in northern Syria also restricted freedom of movement, as did restrictions on interprovincial travel due to COVID-19 precautions.
In-country Movement: The constitution provides that only a judge may limit citizens’ freedom to travel and only in connection with a criminal investigation or prosecution. Antiterror laws allow severe restrictions to be imposed on freedom of movement, such as granting governors the power to limit movement on individuals, including entering or leaving provinces, for up to 15 days.
Freedom of movement remained a problem in parts of the east and southeast, where countering PKK activity led authorities to block roads and set up checkpoints, temporarily restricting movement at times. The government instituted special security zones, restricting the access of civilians, and established curfews in parts of several provinces in response to PKK terrorist attacks or activity (see section 1.g., Abuses in Internal Conflict).
The minister of interior and governorates also restricted interprovincial travel between March and May followed by limited restrictions on movement to and from metropolitan municipalities as measures to contain COVID-19. Some governorates, particularly in the northwest and southeast, instituted subsequent bans on movement as anti-COVID-19 measures throughout the year.
Conditional refugees and Syrians under temporary protection also experienced restrictions on their freedom of movement (see section 2.f., Protection of Refugees).
Foreign Travel: The government placed restrictions on foreign travel for tens of thousands of citizens accused of links to the Gulen movement or the failed coup attempt, as well as on their extended family members. Authorities also restricted some foreign citizens with dual Turkish citizenship from leaving the country due to alleged terrorism concerns. The government maintained the travel restrictions were necessary to preserve security. Some persons whom the government barred from travel chose to leave the country illegally.
Syrians under temporary protection risked the loss of temporary protection status and a possible bar on re-entry into the country if they chose to travel to a third country or return temporarily to Syria. The government issued individual exit permissions for Syrians under temporary protection departing the country for family reunification, health treatment, or permanent resettlement, and required an individual exception for all other reasons. The government sometimes denied exit permission to Syrians under temporary protection for reasons that were unclear.
In October 2019 the country’s Peace Spring military operation displaced more than 215,000 residents of villages along the country’s border with Syria in areas of Syria affected by the operation. At the time the president announced the country’s intention to create a safe zone for the return and resettlement of one to two million Syrian refugees from Turkey. In October the government announced that 414,000 individuals had voluntarily returned to Syria. Approximately one-half of those displaced inside Syria as a result of the operation have returned. More than 100,000 persons remained displaced, however, including tens of thousands of women and children. Turkish officials publicly committed to safe and voluntary refugee returns.
The law allows persons who suffered material losses due to terrorist acts, including those by the PKK or by security forces in response to terrorist acts, to apply to the government’s damage determination commissions for compensation.
The government cooperated with UNHCR and other humanitarian organizations in providing protection and assistance to conditional refugees, returning refugees, stateless persons, and temporary and international protection status holders.
The government took steps during the year to continue services provided to the approximately four million refugees, asylum seekers, and migrants in the country, nearly 3.7 million of whom were Syrians. The Directorate General for Migration Management (DGMM) reported that the government apprehended 454,662 “irregular migrants” in 2019. The DGMM reported 201,437 of these apprehensions were Afghan nationals. The government did not provide official data on the number of “irregular migrants” deported to their countries of origin. Due to border closures caused by the COVID-19 pandemic, the government paused deportations until June 1, and deportations continued at a much lower rate throughout the year. In the first six months of the year, an estimated 34 migrants died due to drowning, traffic accidents, or exposure to the elements.
A 2016 agreement between the government and the EU continued to limit irregular migration from Turkey to Europe. In February, however, the government announced that the borders the country shares with the EU were “open,” prompting more than 50,000 refugees, asylum seekers, and migrants to move to the border areas. Some local officials provided free buses to aid refugees’ mass movement to the border, according to humanitarian organizations and rights groups. Because the borders remained closed on the Greek side, many individuals were stuck in difficult conditions, particularly on the land border with Greece near Pazarkule. Press reports asserted some Turkish border guards aided refugees in charging and dismantling border fences. Unable to cross into Greece and unable to return to their homes in Turkey, hundreds of refugees remained at the border for weeks in an unofficial encampment. On March 1, Istanbul Bar Association representatives visited Pazarkule and reported that a group of approximately 1,000 individuals, including women, children, and elderly, were in the region and experienced poor hygienic conditions, lack of medical services, and basic goods, including, food, clothes, and blankets. The bar association delegation reported that many individuals were injured by tear gas capsules.
After weeks of living in open-air temporary shelters, on March 26, Turkish authorities disbanded the encampment due to concerns regarding the spread of COVID-19. The government reported it transported migrants to dormitories in nearby cities to safely quarantine. On March 4, a man was shot and killed while trying to cross the border from Turkey to Greece amid violent clashes at the Evros border. Some NGOs reported he was shot by Greek security forces, likely by accident. On May 12, more than 100 members of the European Parliament addressed a letter to the head of the European Commission, calling for a formal investigation into the death. At least five migrants also drowned in the river near this border area.
Abuse of Migrants, Refugees, and Stateless Persons: Due to strict border control measures as well as intercity travel bans during much of the year due to COVID-19, migration into and through the country was significantly lower than in prior years; however, stricter controls increased the danger for migrants and refugees attempting to travel. For example, an estimated 50-60 migrants died after their boat sank on Lake Van in eastern Turkey. Police arrested the captain of the boat and detained eight others in relation to investigation into the deaths.
The country’s borders with Syria and Iraq remained strictly managed, with admissions only for medical, humanitarian, and family reunification cases from the border with Syria since late 2015. Of the 20 border crossing points between Syria and Turkey, five were open for limited humanitarian, commercial, and individual crossings. Since 2017 some provinces along the border with Syria limited registration of asylum seekers to certain exceptional cases only, limiting refugees’ ability to obtain access to social services, including education and medical care in these areas, unless they relocate to a city where they are able to register. Large cities such as Istanbul also limited registration.
Incidents of societal violence directed against refugees and persons in refugee-like conditions increased during the year. Following the deaths of several Turkish soldiers in Syria in February, in early March increased societal violence against refugee communities was reported throughout the country, including some beatings and attacks on businesses. In July, in the western province of Bursa, four Turkish men beat to death a 17-year-old Syrian refugee in a market. Police arrested the four, who awaited trial at year’s end. Workplace exploitation, child labor, and forced early marriage also remained significant problems among refugees. Human rights groups alleged conditions in detention and removal centers sometimes limited migrants’ rights to communication with and access to family members, interpreters, and lawyers.
UNHCR reported there were LGBTI asylum seekers and conditional refugees in the country, most coming from Iran. According to human rights groups, these refugees faced discrimination and hostility from both authorities and the local population due to their status as members of the LGBTI community. Commercial sexual exploitation also remained a significant problem in the LGBTI refugee community, particularly for transgender individuals.
Refoulement: Authorities generally offered protection against refoulement to all non-European asylum seekers who met the definition of a refugee in the 1951 UN Refugee Convention, although there were some confirmed cases of refoulement, and tens of thousands of deportations took place during the year. The government continued efforts to deport those it claimed entered the country illegally, before they were granted status-determination interviews by Turkish migration authorities, particularly non-Syrians. Istanbul, along with 14 other provinces, stopped registering asylum seekers in 2018, with the exception of those in a few categories such as newborn children, some specialized medical cases, and family reunification instances. Many asylum seekers reported that in order to find work or be with their families, they either did not register or moved from the city where they had registered, neither of which is allowed under the country’s regulations. In May, Amnesty International reported the apparent forcible deportation of six Syrian men to northern Syria, where their lives and freedoms would be at serious risk.
As of November 30, UNHCR intervened in incidents of detention of 1,395 persons of various nationalities that had been brought to its attention. The majority were Syrian nationals (831 persons), Afghans (228 persons) and Iranians (173 persons). Of those known incidents of detention in which UNHCR intervened, three persons reportedly returned, against their will, to their country of origin.
In the incidents of administrative detention, of which UNHCR was made aware, the reasons for detention related to violations of provisions of the Law on Foreigners and International Protection (including but not limited to irregular stay, lack of foreigners’ identity card due to not completing the registration procedure, being in another city without authorization, working without a permit, entry ban, and rejection of request for temporary protection) or criminal acts. Authorities continued to apply the legal framework and the procedural safeguards in place for persons seeking or in need of international protection.
UNHCR typically intervened in incidents of detention when there were concerns detained individuals were unaware of or unable to access the appropriate administrative processes to raise potential protection concerns. For incidents in which UNHCR intervened where the persons were no longer in the country, it was difficult for UNHCR to reach the individual to confirm or deny claims.
Access to Asylum: The law provides for standard treatment of asylum seekers countrywide and establishes a system of protection, but it limits rights granted in the 1951 Refugee Convention to refugees from Europe and establishes restrictions on movement for conditional refugees. While non-European asylum seekers were not considered refugees by law, the government granted temporary protection status to nearly four million Syrians while maintaining conditional or subsidiary refugee status and providing international protection for other asylum seekers. Individuals recognized by the government for temporary protection (Syrians) or conditional or subsidiary refugee status (all other non-Europeans, for example, Iraqis, Iranians, and Somalis) were permitted to reside in the country temporarily until they could obtain third-country resettlement.
The law provides regulatory guidelines for foreigners’ entry into, stay in, and exit from the country, and for protection of asylum seekers. The law does not impose a strict time limit to apply for asylum, requiring only that asylum seekers do so “within a reasonable time” after arrival. The law also does not require asylum seekers to present a valid identity document to apply for status.
UNHCR reported it had intermittent and unpredictable access to detention and removal centers where non-Syrians were detained. UNHCR reported its visits to removal centers where apprehended foreigners were detained indicated the need for improvement in some areas, including access to information and legal aid by detainees as well as improved interpretation services. A 2016 agreement between the EU and Turkey allows some migrants arriving in Greece to be returned to Turkey in particular circumstances. Some observers expressed doubts that all these readmitted persons had access to the asylum procedure and echoed UNHCR’s concerns.
Freedom of Movement: Authorities assigned Syrians to one of 62 “satellite cities,” where they are expected to receive services from local authorities under the responsibility of provincial governorates. These refugees were required to check in with local authorities on either a weekly or biweekly basis and needed permission from local authorities to travel to cities other than their assigned city, including for meetings with UNHCR or resettlement-country representatives, which the government generally provided. Syrians under temporary protection were also restricted from traveling outside of provinces listed on their registration cards without permission. Syrians and non-Syrians could request permission to travel or to transfer their registration through the DGMM. Certain provinces did not accept travel permission requests or transfer of registration from Syrians under temporary protection. Syrians living in camps required permission from camp authorities to leave the camps.
Employment: The law allows both Syrians under temporary protection and non-Syrian conditional refugees the right to work, provided they were registered in the province they wish to work in for six months. Most refugees, however, did not have access to regular or skilled work, partly as a result of high unemployment rates for both refugees and Turkish nationals, which increased during the COVID-19 pandemic. In addition applying for a work permit was the responsibility of the employer, and the procedure was sufficiently burdensome and expensive that relatively few employers pursued legally hiring refugees. As a consequence the vast majority of both conditional refugees and Syrians under temporary protection remained without legal employment options, leaving them vulnerable to exploitation, including illegally low wages, withholding of wages, and exposure to unsafe work conditions. As of late 2019, only an estimated 132,000 Syrians in the country had formal work permits.
Access to Basic Services: During the year, due to changes to the Law on Foreigners under International Protection, refugees registered under international protection status (approximately 330,000 individuals) for more than one year no longer had access to subsidized medical care (other than emergency care). Individuals meeting certain conditions, such as documented chronic conditions or those older than a specific age, could apply for an exemption to be placed back under subsidized care coverage. Previously, the government provided free access to the public medical system to non-Syrian refugees registered until they began receiving international protection. Syrians registered for temporary protection (3.6 million) continued to receive free access to the public health system. The government also expanded access to education for school-age Syrian children, many of whom encountered challenges overcoming the language barrier, meeting transportation or other costs, or both.
As of September the Ministry of National Education reported that 684,919 of the school-age refugee children in the country were in school, a significant increase from prior years. An estimated 400,000 remained out of school. According to UNICEF, since 2017 more than 628,000 refugee children received monthly cash assistance for education through a joint program with UNICEF funded by international donors.
Provincial governments, working with local NGOs, were responsible for meeting the basic needs of refugees and other asylum seekers assigned to satellite cities in their jurisdictions, as well as of the Syrians present in their districts. Basic services were dependent on local officials’ interpretation of the law and their resources. Governors had significant discretion in working with asylum seekers and NGOs, and the assistance provided by local officials to refugees and persons in situations similar to those of refugees varied widely. NGO staff members reported seeing refugees asked for bribes to receive government services, and individual cases of refugees being refused health-care services.
Durable Solutions: The law does not provide for naturalization within the country for Syrians under temporary protection or for conditional refugees, but it allows them to stay until resettled to a foreign country or able to return to their country of origin. The government granted citizenship to some Syrian refugees on a limited basis. As of September authorities had granted approximately 110,000 Syrians citizenship since 2010, according to the Ministry of Interior’s General Directorate of Population and Citizenship Affairs.
As of September 30, UNHCR in cooperation with the DGMM, observed spontaneous voluntary returns in 14 provinces of 10,917 Syrians who chose to return to Syria. In April and May, the DGMM suspended voluntary repatriation as a result of COVID-19 measures. As of the end of November, authorities referred 6,022 refugees to 14 countries for resettlement, and 3,864 refugees departed the country for resettlement. The main reasons for the decrease in resettlement are due to reduced refugee quotas and the suspension of resettlement departures in March due to the COVID-19 pandemic. As of September, however, resettlement departures resumed.
Temporary Protection: The country adopted a geographically limited understanding of the term “refugee” when it ratified the Refugee Convention and acceded to the Refugee Protocol, recognizing only Europeans as eligible for legal refugee status. In recognition of this gap, the government adopted a temporary protection regulation in 2014. The government continued to offer temporary protection to Syrian refugees who did not qualify as refugees due to the European-origin limitation in the law. According to the Syrian National Coalition and Turkish authorities, at year’s end the country was hosting under this “temporary protection” status nearly 3.6 million Syrian refugees. Authorities required Syrian asylum seekers to register with the DGMM to legalize their temporary stay in the country. In September 2019 the governate of Bursa announced that the provinces of Antalya, Aydin, Bursa, Canakkale, Duzce, Edirne, Hatay, Istanbul, Izmir, Kirklareli, Kocaeli, Mugla, Sakarya, Tekirdag, and Yalova would limit registration processing to exceptional cases and newborns. The DGMM has not made any official announcement regarding provinces stopping processing of registrations. Syrians who registered with the government were able to receive an identification card, which qualified them for assistance provided through the governorates, including free primary health care.
By the end of 2019, the DGMM had closed all but seven refugee camps, which the government called temporary accommodation centers, in five provinces. As of the end of November, there were 59,077 Syrians in the accommodation centers, a slight decline from the previous year.
Syrians who officially entered the country with passports could receive one-year residence permits upon registration with the government. In 2019 a total of 117,579 Syrians held valid residence permits; official figures for the calendar year were not available at year’s end.
The government did not keep figures for stateless persons. The government provided documentation for children born to conditional refugees and Syrians under temporary protection, although statelessness remained an increasing concern for these children, who could receive neither Turkish citizenship nor documentation from their parents’ home country. As of December 2019, at least 516,000 babies had been born to Syrian mothers in the country since the beginning of the Syrian conflict in 2011, according to the Ministry of Interior.