An official website of the United States Government Here's how you know

Official websites use .gov

A .gov website belongs to an official government organization in the United States.

Secure .gov websites use HTTPS

A lock ( ) or https:// means you’ve safely connected to the .gov website. Share sensitive information only on official, secure websites.

Australia

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

Although the constitution does not explicitly provide for freedom of speech or press, the High Court has held that the constitution implies a right to freedom of expression, and the government generally respected these rights. An independent press, an effective judiciary, and a functioning democratic political system combined to promote freedom of speech and press.

INTERNET FREEDOM

The government did not restrict or disrupt access to the internet or censor online content, and there were no credible reports the government monitored private online communications without appropriate legal authority. The internet was widely available to and used by citizens. In February the Australia Bureau of Statistics (ABS) reported that 86 percent of households had access to the internet at home in 2014-15.

Law enforcement agencies require a warrant to intercept telecommunications, including internet communications. In emergencies the director general of the ASIO may issue a warrant for this purpose without prior judicial authorization, but the attorney general must be informed.

The Australian Communications and Media Authority (ACMA) maintained a list of “refused classification” website content, primarily pertaining to child pornography, sexual violence, and other activities illegal in the country, compiled because of a consumer complaints process. The ACMA may issue a notice to the internet service provider to remove domestically hosted “refused classification” material, or links to such material, that is the subject of a complaint if an investigation concludes the complaint is justified. The list is available to providers of filtering software. An owner or operator of such a website can appeal an ACMA decision to the Administrative Appeals Tribunal (AAT), an executive body that reviews administrative decisions by government entities. Since 2010 three major telecommunications providers voluntarily blocked websites on Interpol’s list of child-abuse links.

ACADEMIC FREEDOM AND CULTURAL EVENTS

There were no government restrictions on academic freedom or cultural events.

b. Freedom of Peaceful Assembly and Association

Although the freedoms of peaceful assembly and association are not codified in law, the government generally respected these rights.

c. Freedom of Religion

See the Department of State’s International Religious Freedom Report at www.state.gov/religiousfreedomreport/.

d. Freedom of Movement, Internally Displaced Persons, Protection of Refugees, and Stateless Persons

The law provides for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights.

Abuse of Migrants, Refugees, and Stateless Persons: In August, The Guardian leaked 2,000 reports of abuse of asylum seekers on Nauru, some involving accusations of assault, sexual abuse, and abuse of children.

The government cooperated with the Office of the United Nations High Commissioner for Refugees (UNHCR) and other humanitarian organizations in providing protection and assistance to internally displaced persons, refugees, returning refugees, asylum seekers, stateless persons, or other persons of concern.

PROTECTION OF REFUGEES

The government maintains a humanitarian refugee program that includes several types of visas available to refugees for resettlement in the country. UNHCR identifies and refers the majority of applicants considered under the program. For the fiscal year that began on July 1, the intake remained at 13,750. In 2015-16 authorities reserved at least 1,000 places for women at risk and at least 1,500 for Syrians. In September 2015 the government announced it would accept an additional 12,000 refugees from Syria and Iraq for permanent resettlement, in addition to the annual refugee intake of 13,750.

Access to Asylum: The law provides for granting of asylum or refugee status, and the government has a system for providing protection to refugees.

The number of asylum seekers arriving by sea significantly increased between 2008 and 2013, putting pressure on detention center capacity, processing times, and the capacity of the humanitarian refugee program. In the 2012-13 fiscal year, the government recorded 25,750 such arrivals. As of May 31, 28,329 asylum seekers were living in the community while authorities processed their cases. The country retained third party processing of asylum seekers in Nauru and Papua New Guinea for asylum seekers who arrived after July 19, 2013. Authorities continued their policy of not settling those arrivals in the country and forced intercepted boats carrying smuggled persons back into the territorial waters of their country of embarkation when safe to do so. Since the inception of OSB in 2013, authorities have transferred 2,125 asylum seekers to Nauru and Papua New Guinea’s Manus Island as of May 31, and there were 537 voluntary returns to country of origin during this period. In June the immigration minister reported that authorities had turned back 28 boats transporting asylum seekers since 2013.

The law authorizes the immigration minister to designate a country as a regional offshore processing center, if the minister determines it is in the national interest to do so, and requires the minister to notify parliament, which may then disapprove the proposed designation within five working days of notification. The law states that such a designation “need not be limited by reference to the international obligations or domestic law of that country.” Under the government’s policy on asylum processing for unauthorized maritime arrivals, asylum seekers transferred to third countries for regional processing have their asylum claims assessed by the country in which the claim is processed.

In 2013 the previous Labor government entered into a Regional Resettlement Arrangement with Papua New Guinea to send all unauthorized maritime arrivals to Papua New Guinea for assessment and to resettle those found to be refugees in Papua New Guinea. In 2013 Nauru became part of the arrangement. The government then began transferring all unauthorized maritime asylum seeker arrivals to Papua New Guinea and Nauru for processing. As of September Papua New Guinea had not approved any permanent resettlement arrangements but had granted refugee status to at least 50 individuals for release into the local community to receive support services at an open facility, including language training, cultural orientation, and case support. In 2014 the government reached agreement with Cambodia to resettle refugees on a voluntary basis from the processing center in Nauru. Of the five refugees settled in Cambodia, four voluntarily returned to their country of origin. In October 2015 the Nauruan government announced it would expedite processing for the 600 outstanding refugee claims and claimants would be able to move freely around the island, while maintaining access to assistance from the regional processing center.

In 2014 parliament passed a law that the government stated, “fundamentally changes Australia’s approach to managing asylum seekers” and was partly aimed at addressing a backlog of approximately 30,000 asylum applications. The legislation provided additional clarity and consistency in the powers to detain and move vessels and persons; introduced three-year temporary protection visas (TPV) for those who arrived between August 13, 2012 and December 31, 2013; and introduced a “fast-track” assessment process for those who arrived during this period. It also established a Safe Haven Enterprise Visa (SHEV) that enabled TPV holders to apply for five-year visas to work in non-metropolitan areas. After holding a SHEV for three and a half years, an applicant would be eligible to apply for other onshore visas, such as a permanent skilled visa.

There is a statutory obligation for the government to facilitate access to legal representation for persons in immigration detention. In March 2014 the federal government tightened access to government-funded legal assistance to only those that arrived through authorized channels.

In May there were 399 persons in immigration detention for longer than 730 days and the average duration authorities held them in detention facilities was 459 days.

There were no children (younger than 18 years) in immigration detention in the country as of May 31, compared with 118 in 2014. There were 50 children on Nauru and none on Manus Island. In 2014 the government announced arrangements to enable more minors to reside in the community while authorities processed their applications.

On May 2, UNHCR stated, “There is no doubt that the current policy of offshore processing and prolonged detention is immensely harmful…Despite efforts by the Governments of Papua New Guinea and Nauru, arrangements in both countries have proved completely untenable….The situation of these people has deteriorated progressively over time, as UNHCR has witnessed firsthand over numerous visits since the opening of the centers.”

In February the Australian High Court threw out a challenge to the existence of the country’s offshore immigration detention center on Nauru. In March protests occurred in major cities after authorities prepared to return a one-year-old girl to Nauru 24 hours after her transfer to a Brisbane hospital for severe burns. Doctors refused to release the infant and the Victorian government issued a public letter to the prime minister criticizing the federal government’s stance on children in detention, and offered to resettle the refugees in Victoria.

More than 1,800 academics urged the prime minister to call a summit to create a more “just and humane approach” to handling asylum seekers arriving by sea. The Supreme Court of Papua New Guinea ruled in April that the detention of asylum seekers at the Manus Island processing center was illegal. The Australian government stated in August it intended to close the Manus Island Center, but did not reveal a specific date.

Durable Solutions: The government accepted refugees for resettlement from third countries and funded refugee resettlement services. The Humanitarian Settlement Services program provided case-specific assistance that included finding accommodation, employment programs, language training, registering for income support and health care, and connecting with community and recreational programs.

Belarus

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

The constitution provides for freedom of speech and the press. The government did not respect these rights and enforced numerous laws to control and censor the public and the media. Moreover, the state press propagated views in support of President Lukashenka and official policies, without giving room for critical voices.

Freedom of Speech and Expression: Individuals could not criticize President Lukashenka and the government publicly or discuss matters of general public interest without fear of reprisal. Authorities videotaped political meetings, conducted frequent identity checks, and used other forms of intimidation. Authorities also prohibited wearing facemasks, displaying unregistered or opposition flags and symbols, and displaying placards bearing messages deemed threatening to the government or public order.

On January 29, a Minsk district court fined three men, Maksim Pekarski, Viachaslau Kasinerau, and Vadzim Zheromski, in the so-called graffiti case; the fines ranged from 630 rubles ($300) to 1,050 rubles ($500) on the charges of property damage. While the judge dropped the criminal charges of hooliganism and vandalism, the three were convicted of painting graffiti with patriotic slogans, such as, “Belarus should be Belarusian,” that police deemed to be “promoting violence in society and disregard of universally accepted rules of conduct.” Police brutally detained the three men and their two associates, who were later released without charge, in August 2015, and Kasinerau told the press in September 2015 that during his detention, police bundled him into a bus, and an officer hit him in the face, fracturing his jaw. When they arrived at the police precinct, investigators pressured him to plead guilty and showed him records of his private phone conversations with his spouse, which were reportedly wiretapped months before the arrest. Although authorities opened an investigation into his reported beating, there were no developments during the year in bringing any charges related to police brutality.

The law also limits free speech by criminalizing actions such as giving information to a foreigner about the political, economic, social, military, or international situation of the country that authorities deem false or derogatory.

Press and Media Freedoms: Government restrictions limited access to information and often resulted in media self-censorship. State-controlled media did not provide balanced coverage and overwhelmingly presented the official version of events. Appearances by opposition politicians on state media were limited, primarily to those required by law during election campaigns. Authorities warned, fined, detained, and interrogated members of media.

Under the law, the government may close a publication, printed or online, after two warnings in one year for violating a range of restrictions on the press. Additionally, regulations give authorities arbitrary power to prohibit or censor reporting. The Information Ministry can suspend periodicals or newspapers for three months without a court ruling. The law also prohibits the media from disseminating information on behalf of unregistered political parties, trade unions, and NGOs.

On March 2, the Information Ministry announced that it issued warnings to two independent, internet publications: the online newspaper Yezhednevnik and the online version of the print newspaper Nasha Niva. The former purportedly violated the media law by using images of World War II German military equipment in an article about the armed forces’ readiness checks, which, according to the ministry “discredited the army.” Nasha Niva was warned for violating the law by publishing an article about the demographic situation in the country, which reportedly did not comply with figures released by the National Statistics Committee, and discredited the “successful” demographic policies of the government. The independent Belarusian Association of Journalists condemned the warnings as far-fetched penalties, violations of media freedom, and an unacceptable measure to censor publications.

Limited information was available in the state-run press about the September parliamentary election, including about independent candidates. Although authorities did not generally censor the publication of candidates’ programs in print media, some opposition candidates complained that local television channels refused to televise their addresses. For example, in Hrodna Mikalai Ulasevich, a United Civic Party member and antinuclear activist, accused authorities of not broadcasting his speech, which included criticism of the country’s nuclear power plant project and discussion of corruption and lack of local governance. In another case, Siarhei Kalyakin, leader of the Just World Belarusian Party of the Left, complained to the regional election commission that the text of his biography was edited without his authorization on the official poster listing the biographies of all candidates in the Orsha district. The printed text of Kalyakin’s biography was missing a sentence referring to Kalyakin’s efforts as an MP to impeach President Lukashenka in 1996. State media otherwise provided only limited coverage of the campaign, focusing largely on the activities of the president and other state officials as well as political statements of the Central Election Commission chairperson.

On February 7, Information Minister Liliya Ananich warned media about criticizing the government and against publicizing inaccurate information, in particular taking remarks or statements out of a broader context, and fomenting negative sentiments, which she described as “destructive.” She committed to continue tight monitoring of the internet and printed media, so “they serve [the cause of] consolidation of society.” Ananich stated that any media violating the country’s laws would receive official warnings and subsequently be blocked.

The Information Ministry continued to deny registration to independent media outlets. In spite of the lack of registration, independent media, including newspapers, magazines, and internet news websites, sought to provide coverage of events. They operated, however, under repressive media laws, and most faced discriminatory publishing and distribution policies, including limiting access to government officials and press briefings, controlling the size of press runs of papers, and raising the cost of printing.

State-owned media dominated the information field and maintained the highest circulation through generous subsidies and preferences. There was no countrywide private television. The state-owned postal system, Belposhta, and the state-owned kiosk system, Belsayuzdruk, continued to refuse to deliver or sell numerous independent newspapers that covered politics. For example, on September 14, Aksana Kolb, an editor of the Novy Chas independent weekly newspaper, told the press that Belposhta and Belsayuzdruk had refused to distribute the newspaper through their subscription and retail chains, respectively. Novy Chas is a Belarusian-language weekly that publishes materials about national culture, history, identity, and information related to reinforcing the country’s sovereignty. The exclusion of the independent printed press from the state distribution system and the requirement that private stores secure registration to sell printed media effectively limited the ability of the independent press to distribute their publications.

Although authorities continued to allow the circulation of Narodnaya Volya and Nasha Niva, two independent national newspapers, through state distribution systems, they remained subject to restrictions on the number of copies allowed to circulate.

Several independent newspapers, including Vitsyebski KuryerSalidarnascBDG, and Bobruysky Kuryer, disseminated internet-only versions due to printing and distribution restrictions.

International media continued to operate in the country but not without interference and prior censorship. Euronews and the Russian channels First Channel, NTV, and RTR were generally available, although only through paid cable services in many parts of the country and then with a lag time that allowed the removal of news deemed undesirable by authorities. At times authorities blocked, censored, or replaced their international news programs with local programming.

Violence and Harassment: Authorities continued to harass and detain local and foreign journalists routinely.

Security forces continually hampered efforts of independent journalists to cover demonstrations and protests in Minsk and across the country. The independent Belarusian Association of Journalists reported that, as of November 11, police detained at least six journalists while performing their professional duties.

The government routinely denied accreditation to journalists who work with foreign media. As of November 1, at least two journalists had been fined in 10 cases for not having government accreditation or cooperating with a foreign media outlet.

Agnieszka Romaszewska-Guzy, director of the Warsaw-based Belarusian-language channel Belsat, told media on June 1 that the Ministry of Foreign Affairs did not respond to its application to accredit 10 local journalists. The ministry was supposed to respond to the accreditation application by May 21. She pledged that the unregistered Minsk-based office and journalists across the country would continue their operations and would “not adjust our reporting to meet the Belarusian authorities’ wishes because we represent free journalism.”

Independent journalist and military expert Aliaksandr Alesin was detained in November 2014 and faced charges of cooperating with foreign intelligence sources, which carry a maximum penalty of two years’ imprisonment. He was released in December 2014, although he was banned from leaving the country. On January 20, he told the press that authorities suspended the criminal charges brought against him for allegedly “establishing cooperation on a confidential basis with a foreign security or intelligence service.”

Censorship or Content Restrictions: The government exerted pressure on the vast majority of independent publications to exercise self-censorship, warning them not to report on certain topics or criticize the government. The government tightly and directly controlled the content of state broadcast and print media. Local independent television stations operated in some areas and reported local news, although most were under government pressure to forgo reporting on national and sensitive issues or risk censorship.

Authorities allowed only state-run radio and television networks to broadcast nationwide. The government used this national monopoly to disseminate its version of events and minimize alternative or opposing viewpoints. Authorities banned state media from citing works and broadcasting music by independent local and well-known foreign musicians, artists, writers, and painters who were named on an alleged, unofficial nationwide blacklist for speaking in support of political prisoners and opposition or democratic activists.

Authorities warned businesses not to advertise in newspapers that criticized the government. As a result, independent media outlets operated under severe budgetary constraints.

Journalists reporting for international media that gave extensive coverage to the country, such as the Warsaw-based independent satellite channel Belsat TV and Radio Racyja, were denied press accreditation and received warnings from the Prosecutor’s Office and heavy fines.

Libel/Slander Laws: Libel is a criminal offense. There are large fines and prison sentences of up to four years for defaming or insulting the president. Penalties for defamation of character make no distinction between private and public persons. A public figure who is criticized for poor performance while in office may sue both the journalist and the media outlet that disseminated the critical report.

On September 23, a Minsk city court declined an appeal in the case of Aliaksandr Lapitski, who was convicted on April 12 of “committing socially dangerous acts” and violating Article 368 (“insulting the President of the Republic of Belarus”), Article 369 (“insulting the authorities”), Article 391 (“insulting a judge or a lay judge”) of the Criminal Code of Belarus. The charges against Lapitski stem from e-mails and blog posts he wrote that, according to the authorities, insulted the president. Authorities alleged that Lapitski suffered from mental illness and sentenced him to a period of compulsory psychiatric treatment. Human rights group Vyasna called on authorities to end prosecution for defamation offenses and claimed that Lapitski’s involuntary hospitalization infringed on his personal freedom.

National Security: Authorities frequently cited national security as grounds for censorship of media.

INTERNET FREEDOM

The government interfered with internet freedom by reportedly monitoring e-mail and internet chat rooms. While individuals, groups, and publications were generally able to engage in the peaceful expression of views via the internet, including by e-mail, all who did so risked possible legal and personal repercussions, and at times were believed to practice self-censorship. Opposition activists’ e-mails and other web-based communications were likely to be monitored.

In January 2015 authorities introduced media law amendments making news websites and any internet information sources subject to the same regulations as print media. Under the amended law, online news providers must remove content and publish corrections if ordered to do so by the authorities and must adhere to a prohibition against “extremist” information. Amendments also restricted access to websites whose content includes promotion of violence, wars, “extremist activities”; materials related to illicit weapons, explosives, and drugs; trafficking in persons; pornography; and information that can harm the national interests of the country. Authorities may block access to sites that fail to obey government orders, including because of a single violation of distributing prohibited information, without a prosecutor or court’s mandate. In addition, owners of internet sites may be held liable for users’ comments that carry any prohibited information, and these sites may be blocked. The amended law also mandates the creation of a database of news websites. If a news website receives two or more formal warnings from the authorities, it may be removed from the database and lose its right to distribute information. Amendments also prohibit foreign states and foreign individuals from holding more than a 20 percent stake in local media companies.

While the list of blocked internet resources remained unavailable to the public, from January 2015 to March 2016 the Ministry of Information reportedly blocked access to 46 internet sites for drug trafficking, for distributing extremist materials, for illicit promotion of medications, for child pornography or for other content violations. Independent online media outlets were not generally blocked during the year, however, the election monitoring mission of the Organization for Security and Co-operation in Europe’s Office for Democratic Institutions and Human Rights (OSCE/ODIHR) stated in a postelection press conference that its observers monitoring online news noted at least four online news sources, including popular news portal tut.by, had unexplained outages on election day, September 11.

The authorities reportedly monitored internet traffic. By law the telecommunications monopoly, Beltelekam, and other organizations authorized by the government have the exclusive right to maintain internet domains.

A presidential edict requires registration of service providers and internet websites, and requires the collection of information on users at internet cafes. It requires service providers to store data on individuals’ internet use for a year and provide that information to law enforcement agencies upon request. Violations of the edict are punishable by prison sentences.

State companies and organizations, which included the workplaces of up to 70 percent of the country’s workers, reportedly had internet filters.

In response to the government’s interference and internet restrictions, many opposition groups and independent newspapers switched to internet domains operating outside the country. Observers said the few remaining independent media sites with domestic “.BY” (Belarus) domain suffixes practiced self-censorship at times.

On several occasions, cyberattacks of unknown origin temporarily disabled independent news portals and social networking sites.

According to various media sources, the number of internet users reached more than seven million persons, of which approximately 90 percent used the internet daily or numerous times a month. Internet penetration was approximately 83 percent among users 15 to 50 years of age.

ACADEMIC FREEDOM AND CULTURAL EVENTS

The government restricted academic freedom and cultural events.

Educational institutions were required to teach an official state ideology that combined reverence for the achievements of the former Soviet Union and of Belarus under the leadership of Lukashenka. Government-mandated textbooks contained a heavily propagandized version of history and other subjects. Authorities obligated all schools, including private institutions, to follow state directives to inculcate the official ideology and prohibited schools from being led by opposition members. The education minister has the right to appoint and dismiss the heads of private educational institutions.

Use of the word “academic” was restricted, and NGOs were prohibited from including the word “academy” in their titles. Opportunities to receive a higher education in the Belarusian language (vice Russian) in the majority of fields of study were scarce. The administrations of higher educational institutions made no effort to accommodate students wishing to study in Belarusian-language classes.

The Belarusian Republican Youth Union (BRYU), an official organization modeled on the Soviet-era KOMSOMOL, urged university students to join the BRYU to receive benefits and dormitory rooms. Local authorities also pressured BRYU members to campaign on behalf of government parliamentary candidates and to vote early. Students from various universities and colleges reported to an independent election-monitoring group that their faculties were pressuring students into early voting by threatening them with eviction from their dormitories. Additionally, authorities at times reportedly pressured students to act as informants for the country’s security services.

According to an Education Ministry directive, educational institutions may expel students who engage in anti-government or unsanctioned political activity and must ensure the proper ideological education of students. School officials, however, cited poor academic performance or absence from classes as the official reason for expulsions. On January 20, Hleb Vaykul, a second-year student of the philology department, received final orders of his expulsion from the Belarusian State University. Earlier in January Vaykul announced he had been expelled, at which time the university stated the expulsion orders had not been signed. The student called his expulsion politically motivated as he was one of the organizers of a December 2015 student protest against the university’s decision to impose fees to retake exams. Authorities fined Vaykul 324 rubles ($175) for organizing through the “Students Against” community on the social networking website VKontakte and participating in the unsanctioned demonstration. The university administration stated Vaykul was expelled for failing to pass an examination on the psychology of literary works three times and not attending classes for the course during the fall semester.

The government continued to discourage and prevent teachers and activists from advancing the wider use of the Belarusian language and the preservation of Belarusian culture. A number of universities across the country continued not to enroll students in their undergraduate Belarusian linguistic programs for teachers of the Belarusian language and literature, citing low demand and a low number of applications in recent years.

The government also restricted cultural events, selectively approving performances of what they deemed opposition music groups at small concert halls. Approvals required groups to go through cumbersome and time-consuming procedures to receive permissions. The procedures continued to force some opposition theater and music groups out of public venues and into bars and private apartments by banning their performances.

Organizers of Theater Ch, an independent theater troupe, announced on January 20 that their two scheduled performances at the Modern Arts Center in Minsk were cancelled with short notice by the center’s administration. Opposition leaders, 2010 presidential candidates, and former political prisoners Uladzimir Nyaklyaeu and Mikalai Statkevich attended the premier of their play What to do with the Tiger? and took pictures with the cast after the performance. The administration of the Modern Arts Center claimed they cancelled the performances after only four tickets were sold, while Theater Ch’s managers reported that the two shows in January were sold out. The Polish Institute in Minsk sponsored the production of the play.

The government also restricted the activities of a nonofficial writers union, the independent Union of Belarusian Writers, and extensively supported the progovernment Union of Writers of Belarus. Authorities harassed distributors of books authored by critical and independent writers or written in the Belarusian language. Although sold at bookstores and online across the country, authorities did not allow printing houses and publishers to print copies of books by Sviatlana Aleksievich, winner of the Nobel prize for literature.

b. Freedom of Peaceful Assembly and Association

FREEDOM OF ASSEMBLY

The constitution provides for freedom of peaceful assembly; however, the government severely restricted this right. Authorities employed a variety of means to discourage demonstrations, disperse them, minimize their effect, and punish the participants.

Only registered political parties, trade unions, and NGOs could request permission to hold a demonstration of more than 1,000 persons. Authorities usually denied requests by independent and opposition groups. A general atmosphere of repression and the threat of imprisonment or large fines exercised a chilling effect on potential protest organizers. This appeared to have resulted in fewer and smaller demonstrations.

The law criminalizes the announcement of demonstrations via the internet or social media before official approval, the participation in the activities of unregistered NGOs, the training of persons to demonstrate, the financing of public demonstrations, or the solicitation of foreign assistance “to the detriment” of the country. Violations are punishable by up to three years in prison.

Organizers must apply at least 15 days in advance for permission to conduct a public demonstration, rally, or meeting, and government officials are required to respond no later than five days prior to the scheduled event. Authorities, however, generally granted permits only for opposition demonstrations if held far from city centers. Authorities used intimidation and threats to discourage persons from participating in demonstrations, openly videotaped participants, and imposed heavy fines or jail sentences on participants in unsanctioned demonstrations. In addition, authorities required organizers to conclude contracts with police, fire department, health, and sanitary authorities for their services during and after a mass event. In some localities, local officials told permit applicants that they must first secure these contracts before a permit could be issued. When the applicants asked the police, fire department, health, and sanitary authorities to sign contracts, however, they were told they first must have an approved permit. Any individual found guilty of violating the law on mass events may not apply for another permit for a year following the conviction. From January through March, local authorities across the country rejected a number of applications for permission for market vendors to stage small demonstrations to protest new regulations that ban vendors from selling clothing and footwear without documents certifying their compliance with the Customs Union’s safety requirements.

Opposition activists held dozens of unsanctioned rallies during the year and faced administrative charges and fines for allegedly violating the Law on Mass Events. Those who refused to pay fines, calling them politically motivated, potentially faced property confiscation and travel bans. Authorities regularly fined the same activists for their continuous political activity during the year. For example, on March 24, a Minsk district court fined approximately 11 opposition leaders and activists for participating in an unsanctioned February 28 demonstration in Minsk. Mikalai Statkevich, 2010 presidential candidate and former political prisoner, European Belarus campaign activist Maksim Vinyarski, and independent filmmaker Volha Mikalaichyk were tried in absentia and fined 105 rubles ($520) each. The court imposed similar fines on United Civic Party leader Anatol Lyabedzka and member Mikalai Kazlou, Belarusian Christian Democracy co-chair Vital Rymasheuski, market vendor Ales Makayeu, and European Belarus campaign activist Leanid Kulakou. Mikalai Autukhovich, a businessman from Vaukavysk and former political prisoner, and opposition activist Mikalai Kolas were fined 420 rubles ($210) each.

Authorities took various measures to limit how prodemocracy activists celebrated Freedom Day, the March 25 anniversary of the country’s 1918 declaration of independence (an event the government does not recognize), although Minsk city authorities authorized a demonstration. In the permit issued by Minsk authorities, the route requested by activists from central Minsk was changed to a remote park. While approximately 2,000 opposition and civil society activists participated in the sanctioned rally, approximately 600 defied the permit by marching to the central part of Minsk, laying flowers at the Yanka Kupala monument, and holding a demonstration with political speeches at the monument. For their activities during the unsanctioned-route march, authorities fined a number of activists. opposition leaders Paval Sevyarynets, Uladzimir Nyaklyaeu, Mikalai Statkevich, Anatol Lyabedzka, and several activists, including Leanid Kulakou, Maksim Vinyarski, Zmitser Dashkevich, and others received fines for their activities on March 25.

In spite of providing a permit to the opposition to demonstrate, authorities also fined a number of opposition leaders and activists for participating in the sanctioned rally and speaking at the assembly point of the March 25 sanctioned demonstration. Police alleged that activists, who addressed the crowd at the gathering point, violated the permit, which allowed participants to gather but not demonstrate at the assembly point and speak only at the venue of the actual demonstration at a remote park. For example, Ryhor Kastuseu, a Belarusian Popular Front deputy chair, told the press that he received a notice that on May 5 a district court fined him in absentia 630 rubles ($320) also for violating the Law on Mass Events, when he spoke at the assembly point of the March 25 Freedom Day sanctioned demonstration. Though Kastuseu was only at locations sanctioned by the city authorities, police claimed that since he spoke at the gathering point, it violated the permit.

On May 16, a court in Maladzechna convicted activist Paval Siarhei for holding an unsanctioned rally in front of the local government building on May 12 and sentenced him to seven days in jail. He was detained on May 14 and was kept in holding facilities pending trial. Siarhei and other activists protested the continuing construction of two large hog farms near the city on May 12.

FREEDOM OF ASSOCIATION

The law provides for freedom of association, but the government restricted it and selectively enforced laws and registration regulations to restrict the operation of independent associations that might criticize the government. Particularly since 2010, authorities have sought to close any legal loopholes they considered beneficial to NGOs.

All NGOs, political parties, and trade unions must receive Ministry of Justice approval to become registered. A government commission reviews and approves all registration applications; it based its decisions largely on political and ideological compatibility with official views and practices.

Actual registration procedures required applicants to provide the number and names of founders, along with a physical address in a nonresidential building for an office, an extraordinary burden in view of the tight financial straits of most NGOs, and individual property owners’ fears of renting space to independent groups. Individuals listed as members were vulnerable to reprisal. The government’s refusal to rent office space to unregistered organizations and the expense of renting private space reportedly forced most organizations to use residential addresses, which authorities could use as a reason to deny registration or to deregister. The law criminalizes activities conducted on behalf of unregistered groups and subjects group members to penalties ranging from large fines to two years in prison (also see section 7.a.).

Following the 2010 repression, authorities sought to close any legal loopholes they considered beneficial to NGOs. For example, the law on public associations prohibits NGOs from keeping funds for local activities at foreign financial institutions. The law also prohibits NGOs from facilitating provision of any support or benefits from foreign states to civil servants based on their political or religious views or ethnicity, a provision widely believed to be aimed at the Polish minority.

Only registered NGOs can legally accept foreign grants and technical aid and only for a limited set of approved activities. NGOs must receive approval from the Department for Humanitarian Affairs of the Presidential Administration and the Ministry of the Economy for technical aid before they can accept such funds or register the grants.

The government continued to deny registration to NGOs and political parties, which President Lukashenka frequently labeled as “the fifth column,” on a variety of pretexts, including “technical” problems with applications. Authorities frequently harassed and intimidated individuals who identified themselves as founding members of organizations in an effort to induce them to abandon their membership and thus deprive groups of the number of petitioners necessary for registration. Many of the rejected groups previously had been denied registration on multiple occasions.

On January 5, authorities in Hrodna refused to register an NGO called Mothers’ Movement 328, consisting of a group of mothers and wives who seek to defend the rights of their children and spouses, who were convicted under Article 328 of the Criminal Code for illegal drug trafficking and who, according to their families, received incommensurately long prison sentences. Larysa Zhygar, the leader of the NGO, said that authorities noted questions about the name of the group and its stated goals, which included charitable activities and assisting former prisoners and drug addicts, in their decision to reject the NGO’s application for registration.

The Supreme Court upheld the Justice Ministry’s decisions to deny registration to the Christian Democratic Movement, a nascent NGO affiliated with the unregistered Belarusian Christian Democracy party, and the Campaign for Fair Elections. On March 10, the Court denied an appeal filed by the campaign on the grounds that a letter of guarantee from an individual providing the organization with an office had not been notarized and that the banker’s order contained abbreviations. This was the campaign’s fourth registration denial. Separately, on March 14, the court also turned down an appeal from the Christian Movement to challenge the Justice Ministry’s denial, citing the lack of an office number in the organization’s legal address, among other grounds as a reason for the denial.

On April 18, the Supreme Court dismissed an appeal from the Belarusian Christian Democracy Party to challenge the Justice Ministry’s March 3 decision not to register the party, citing “gross violations” of procedures to establish a party. According to the ministry’s press release, a number of individuals, who were stated as founders of the party on the registration application, denied any connection to the party and claimed they did not participate in the party’s founding convention after they were reportedly pressured to withdraw and threatened to be dismissed from jobs or expelled from universities. Additionally, “certain individuals on the founders’ list were duplicated, and some of the personal information listed for founders was not valid,” the ministry explained. The ministry also claimed that some of the founders the party listed on its application were not citizens of Belarus This was the sixth time that the party has been denied registration.

On July 31, a show on the main state television channel, Belarus1, claimed that the Vilnius-registered Independent Institute for Social, Economic, and Political Studies (IISEPS) did not actually conduct polls in the country, but rather it put together falsified data. IISEPS announced on August 9 that it would suspend all polling in the country due to “authorities destroying the polling network.”

c. Freedom of Religion

See the Department of State’s International Religious Freedom Report at www.state.gov/religiousfreedomreport/.

d. Freedom of Movement, Internally Displaced Persons, Protection of Refugees, and Stateless Persons

The law provides for freedom of movement, including the right to emigrate, but the government at times restricted the right of citizens, former political prisoners in particular to foreign travel. The government cooperated with the Office of the UN High Commissioner for Refugees (UNHCR) and other humanitarian organizations to provide protection and assistance to internally displaced persons, refugees, returning refugees, asylum seekers, stateless persons, and other persons of concern.

In-country Movement: Passports serve as a form of identity and authorities required them for permanent housing, work, and hotel registration. Police continued to harass selectively individuals who lived at a location other than their legal place of residence indicated in mandatory stamps in their passports.

The law also requires persons who travel to areas within 15 miles of the border (aside from authorized crossing points) to obtain an entrance pass.

Foreign Travel: The government’s database of persons banned from traveling abroad contained the names of individuals who possessed state secrets, faced criminal prosecution or civil suits, or had outstanding financial obligations. Authorities informed some persons by letter that their names were in the database; others learned only at border crossings. The Internal Affairs Ministry and security agencies, border and customs services, and financial investigation departments have a right to place persons on “preventive” surveillance lists.

Students required permission from the head of their educational institution to study abroad. Ostensibly intended to counter trafficking in persons, the Ministry of Internal Affairs is also required to track citizens working abroad, and employment agencies must report individuals who do not return from abroad as scheduled.

Exile: The law does not allow forced exile, but sources asserted that security forces continued to threaten some opposition members with bodily harm or prosecution if they did not leave the country, and many were in self-imposed exile.

Many university students who had been expelled or believed themselves to be under the threat of expulsion for their political activities opted for self-imposed exile and continued their studies abroad.

PROTECTION OF REFUGEES

Access to Asylum: The law provides for granting asylum or refugee status, complementary and temporary protection to foreign citizens and stateless persons. The government has established a procedure for determining refugee status and a system for providing protection to refugees. Additionally, the law provides for protection against refoulement, which is granted to foreigners who are denied refugee status or temporary protection, but cannot be returned to their countries of origin.

All foreigners except Russians have the right to apply for asylum. Under the terms of the Union Treaty with Russia, Russians can legally settle and obtain residence permits in the country based on their Russian citizenship and therefore do not need asylum. Overall, as of October 1, immigration authorities accepted 596 applications for asylum compared with more than 1,000 in 2015, including from 443 Ukrainians, 13 Syrians, 22 Afghans, and 20 Tajiks.

In addition to refugee status, the country’s asylum law provides for complementary protection and protection against refoulement (in the form of temporary residence for a one-year term). In the period January-September, 428 foreigners were granted complementary protection (395 Ukrainians, seven Syrians, one Libyan, 18 Yemenis, six Iraqi, and one Kyrgyz).

Freedom of Movement: Asylum seekers have freedom of movement within the country but must reside in the region where they filed their applications for refugee status and in a place known to authorities while their applications are being considered, including during appeals. Authorities reportedly often encouraged asylum seekers to settle in rural areas; however, the majority settled in cities and towns. Change of residence was possible with a notification to authorities. Authorities issue registered asylum seekers certificates that serve as documents to confirm their status of asylum-seekers and identity and protect them from expulsion. In accordance with the law, they also must register with local authorities at their place of residence.

Temporary Protection: Although the government may provide temporary protection (for up to one year) to individuals who may not qualify as refugees, it did not do so during the year.

STATELESS PERSONS

As of January 1, the Ministry of the Interior and UNHCR listed 5,635 stateless persons in the country; all had permanent residence according to authorities.

Permanently resident stateless persons held residence permits and were treated comparably to citizens in terms of access to employment, with the exception of a limited number of positions in the public sector and law enforcement that were available only to citizens. There were reports that stateless persons occasionally faced discrimination in employment, since authorities often encouraged them to settle in rural areas where the range of employment opportunities was limited. According to UNHCR, stateless persons could freely change their region of residence.

There is a path towards nationality or citizenship for this stateless population. The main requirement is at least seven years’ permanent residence. Authorities have a procedure for expedited naturalization procedures but mostly for individuals born or permanently residing in the country prior to the collapse of the Soviet Union, ethnic Belarusians, their spouses, and descendants. If a child is born into a family of stateless persons permanently residing in the country, the child is entitled to Belarusian citizenship. The decrease of the number of stateless individuals in the country was attributed to their naturalization.

Costa Rica

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

The constitution provides for freedom of speech and press, and the government generally respected these rights. An independent press, an effective judiciary, and a functioning democratic political system combined to promote freedom of speech and press.

Censorship or Content Restrictions: On July 11, a daily newspaper complained of pressures from a state-owned bank for publishing critical articles. The bank withdrew official advertising from the newspaper allegedly to influence the newspaper’s content.

INTERNET FREEDOM

The government did not restrict or disrupt access to the internet or censor online content, and there were no credible reports the government monitored private communications without appropriate legal authority. The International Telecommunication Union reported that in 2015, 60 percent of individuals used the internet and 60 percent of households had internet access.

ACADEMIC FREEDOM AND CULTURAL EVENTS

There were no government restrictions on academic freedom or cultural events.

b. Freedom of Peaceful Assembly and Association

The constitution provides for the freedoms of assembly and association, and the government generally respected these rights in practice.

c. Freedom of Religion

See the Department of State’s International Religious Freedom Report at www.state.gov/religiousfreedomreport/.

d. Freedom of Movement, Internally Displaced Persons, Protection of Refugees, and Stateless Persons

The constitution and law provide for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights. The government cooperated with UNHCR and other humanitarian organizations in providing protection and assistance to refugees, asylum seekers, stateless persons, or other persons of concern.

PROTECTION OF REFUGEES

Access to Asylum: The law provides for the granting of asylum or refugee status, and the government has an established system for providing protection to refugees. The law requires authorities to process the claims within three months of receipt, but decisions took an average of 10 months.

The number of persons seeking asylum increased nearly 300 percent over previous years. The refugee unit received 2,075 asylum applications from January to June, mainly from El Salvador and Colombia, compared with 2,198 in all of 2015 and 1,373 in all of 2014.

Employment: Refugee regulations provide asylum seekers an opportunity to obtain work permits if they have to wait beyond the three months the law allows for a decision on their asylum claim. Few asylum seekers took advantage of this right, largely because they were unaware of their eligibility. The refugee unit failed to process claims in a timely manner or effectively educate employers about this right. The Appeals Tribunal, which adjudicates all migration appeals, as of August had a backlog of 1,000 cases. The tribunal estimated it could resolve these cases by December by significantly increasing staff with additional funding from UNHCR, but since it anticipated hundreds of new cases in coming months, it expected a reduced backlog to remain.

Access to Basic Services: By law asylum seekers and refugees have access to public services and social welfare programs, but access was often hampered by lack of knowledge about their status in the country and feelings of xenophobia among some service providers. For example, asylum seekers without employers (who constituted the majority of asylum seekers) faced restrictions when enrolling voluntarily as independent workers in the public health system.

Asylum seekers received provisional refugee status documents legalizing their status after appearing for an interview with the General Directorate of Immigration, for which the estimated wait time was approximately two months. Provisional refugee ID cards do not resemble other Costa Rican identity documents, so while government authorities generally accepted them, many Costa Rican citizens did not. Upon receiving refugee status, which typically took another nine months, refugees could obtain an identity document similar to those used by nationals at a cost of 37,400 colones ($68), renewable every two years.

Durable Solutions: In July the government agreed to a “Protection Transfer Arrangement” in coordination with UNHCR and the International Organization for Migration for refugee resettlement in third countries. The government was committed to local integration of refugees both legally and socially and to facilitating their naturalization process. In the September Leaders’ Summit on Refugees at the United Nations, President Solis highlighted commitments by the government to improve processing and conditions for refugees.

Temporary Protection: There were no programs for temporary protection beyond refugee status. Due to low recognition rates (approximately 26 percent of applicants received asylum during the first six months of the year), UNHCR had to consider a number of rejected asylum seekers as persons in need of international protection. UNHCR provided support and access to integration programs to individuals still pursuing adjudication and appeals. The individuals requesting refugee status were mainly from El Salvador, Colombia, and Venezuela; the majority were male adults and extended families.

STATELESS PERSONS

The Ministry of Foreign Affairs cooperated with UNHCR efforts on statelessness with indigenous populations and reported no cases of the recognition of one person’s status as stateless during the first six months of the year. There were no reports of stateless persons who were also refugees. There continued to be problems of statelessness of indigenous children and children of seasonal workers in the border areas with Panama and Nicaragua derived from the difficulties linked to birth registrations. Members of the Ngobe-Bugle indigenous group from Panama often worked on Costa Rican plantations and occasionally gave birth there. In these cases parents did not register Ngobe-Bugle children as Costa Rican citizens at birth because they did not think it necessary, although the children lacked registration in Panama as well. Approximately 1,200 children were affected. Government authorities worked together with UNHCR on a program of birth registration and provision of identification documents to stateless persons known as “Chiriticos.” Mobile teams went to remote coffee-growing areas for case identification and registration. As of June authorities identified 1,783 individuals, confirmed the nationality of 748, registered 79, and began the registration process for 119 individuals.

Human Rights Reports
Edit Your Custom Report

01 / Select A Year

02 / Select Sections

03 / Select Countries You can add more than one country or area.

U.S. Department of State

The Lessons of 1989: Freedom and Our Future