a. Freedom of Expression, Including for the Press

The law provides for freedom of expression, including for the press, and the government generally respected this right. An independent press, an effective judiciary, and a functioning democratic political system combined to promote freedom of expression, including for the press.

Press and Media, Including Online Media: In July a law firm representing Prime Minister Dean Barrow informed media outlets they could face legal action if they broadcast a statement from a foreign government agency related to Barrow. The statement, which was made public, was one of the court documents filed in a real-estate fraud case involving foreign investors. The prime minister and his law firm were named in the court document as having knowledge of the land scam. The opposition party criticized the prime minister’s letter, and Senator Osmany Salas described it as an attempt to restrain freedom of press.

The government did not restrict or disrupt access to the internet or censor online content, and there were no credible reports that the government monitored private online communications without appropriate legal authority.

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

The law provides for the freedoms of peaceful assembly and association, and the government generally respected these rights.

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. The government detained several unaccompanied minors who were transiting the country en route to the United States to join their families.

Not applicable.

Access to Asylum: The law provides for the granting of asylum or refugee status, and the government has established a system for providing protection to refugees. The government does not distinguish between refugees and asylum seekers, as the law itself does not reference asylum seekers–only refugees and recognized refugees. During the year the government did not grant asylum status to any of the pending 3,740 applicants, although the Refugee Eligibility Committee recommended 517 persons for approval. Many applications were summarily denied because the applicants did not apply for asylum within 14 days of entering the country, as the law requires. The nongovernmental organization (NGO) Help for Progress, the UN High Commissioner for Refugees implementing partner in the country, opened a resource facility near the western border to offer information on how to apply for asylum status, and it continued to assist by providing limited basic services, including shelter, clothing, and food to refugees and asylum seekers.

Employment: Persons awaiting adjudication of their refugee applications were unable to work legally in the country.

Access to Basic Services: Refugees were able to use the education system and the socialized medical system, but the government offered no assistance with housing or food except in extreme cases that involved children and pregnant women.

Temporary Protection: The Immigration Department issued renewable special residency permits for periods of 60 to 90 days to those who applied for refugee status within the 14-day deadline.

Not applicable.

a. Freedom of Expression, Including for the Press

While the constitution provides for freedom of expression, including for the press, the Morales government and its allies carried out reprisals against media outlets that expressed dissenting opinions. The Morales administration’s actions to curb criticism created a climate of hostility towards independent journalists and media and resulted in self-censorship of many news sources. Some media outlets reported the government pressured and intimidated them to report favorably regarding its policies, particularly by withholding government advertising and imposing steep taxes.

Freedom of Expression: Prior to the resignation of then president Morales on November 10, the Morales government continued to denounce press critics and independent media sources. In February 2018 Marcelo Miralles Iporre, president of the National Press Association, told the Inter-American Commission on Human Rights that the country suffered from “censorship caused by state publicity, law, the financial asphyxiation of the media, and intolerance of those with critical points of view.” He said these factors put at risk “freedom of the press and expression, and democracy.”

On September 11, multiple news sources reported that under the Morales administration, the Supreme Electoral Tribunal (TSE) threatened to sanction the Higher University of San Andres (UMSA) and a civil society group, Jubileo Foundation, for publishing what it deemed an “invalid” opinion poll that showed President Evo Morales much weaker than previously believed ahead of the October 20 general election. The TSE made technical and legal observations of the survey and used this argument to prohibit the dissemination of the opinion poll. Civil society groups and UMSA, however, argued all legal, technical, and operational requirements to conduct the national survey were followed. Despite this argument, the TSE stated the study could not be disseminated.

In a May report, UNITAS, a local organization dedicated to human rights, identified 88 violations of the freedom of expression from March 2018 to February. The violations included self-censorship, “stigmatization” of journalists, false accusations of criminal conduct against journalists, restrictions on access to public information, discrimination by the government, and censorship.

On November 14, Minister of Communication Roxana Lizarraga publicly warned “she will act according to law” against “journalists or pseudo-journalists who are committing sedition.” National journalists and the IACHR criticized Lizarraga’s statement as a threat against journalistic freedom and freedom of the press.

On December 10, under the transitional government, famed cartoonist Al Azar resigned from the local daily newspaper La Razon. Commentators described Al Azar’s resignation as “part of a systematic harassment of press freedom” due to online harassment from undisclosed origins that led to what they described as “self-censorship.” La Razon announced the cartoonist had communicated to the newspaper’s leadership that “due to the siege he had experienced in the last few weeks due to his political cartoons…he could not continue his creative work in our editorial pages.”

Press and Media, Including Online Media: According to the Inter American Press Association, prior to the resignation of then president Morales on November 10, the Morales administration regularly attempted to disqualify the independent press by claiming it acted on behalf of the political opposition and spread “fake news” to generate social tension. According to Supreme Decree 181, the government should provide goods and services to all media outlets in a nondiscriminatory manner, but it did not purchase advertisements in media outlets considered adversarial.

Journalists faced threats to their work. In November 2018 the National Press Association of Bolivia (ANP) expressed concern regarding reports of police surveillance of journalists’ online activity, noting such surveillance put journalists at risk and severely limited their ability to investigate and report the news freely and accurately.

Prior to the resignation of then president Morales on November 10, media outlets alleged his government pressured news organizations to report favorably on government policies and retaliated against news organizations that did not comply. The ANP and several journalists alleged the government’s retaliatory tactics included withdrawing advertisements and conducting excessive tax audits, which forced companies to spend significant time and resources to defend themselves. Government entities such as the National Tax Service, National Delivery Service, Business Authority, Telecommunications and Transport Regulation and Control Authority, Gaming Control Authority, Departmental Labor Directorates, and Vice Ministry for Communication Policies, which is responsible for monitoring free advertising, carried out inspections and applied fines many observers claimed were unwarranted. The ANP expressed concern that the government attacked independent news outlets and attempted to “economically suffocate” media entities that did not cater to the government. The allocation of official advertising often excluded media that questioned the actions of government, to the extent that some media fired investigative journalists due to fear of losing official advertising.

Violence and Harassment: As of September the ANP identified 92 cases of restrictions on freedom of the press, 61 of which were perpetrated by the Morales administration or targeted media critical of the Morales government. On October 31, the ANP reported 15 direct attacks against journalists immediately following the presidential election on October 20.

There were attacks and intimidation by local populace against reporters and media perceived critical of the Morales administration. On August 19, journalists were attacked by a group of persons in Cochabamba who were angry with the “unflattering” coverage the journalists gave to the Morales administration. In response to reports that groups loyal to the Morales government outside of city centers were attacking and harassing journalists, the ANP called for rural populations to “respect the work of journalists.”

During the Morales administration, the websites of the newspapers Sol de Pando, Agencia de Noticias Fides, La Razon, and Pagina Siete, which sometimes published articles critical of the Morales administration, were rendered unavailable by cyberattacks executed by unknown actors.

Censorship or Content Restrictions: Prior to the resignation of then president Morales on November 10, his government censored journalists, and journalists practiced self-censorship due to fear of losing their jobs or losing access to government sources, in addition to fear of prosecution and harassment. Human rights organizations reported many reporters were dismissed for reporting on controversial topics that conflicted with the Morales administration.

There was no evidence the government restricted or disrupted access to the internet or censored online content. Prior to the resignation of then president Morales on November 10, however, government employees faced reprisal for expressing support for initiatives, ideas, and events critical of the MAS administration online and on social media. Reprisals included termination of employment.

The number of fake accounts on social media such as Facebook and Twitter continued to increase throughout the year, both in favor of and against the Morales government. Many of the accounts criticized social media posts made by opposition leaders while expressing support for content produced by the Morales administration. Morales officials openly admitted to funding “cyberwarriors” who targeted opposition leaders on social media through fake accounts.

NGOs expressed concern regarding the July 2018 Digital Citizenship Law. The law allows for the massive collection of personal data and permits public institutions–and private entities that provide public services–to share data and information on individuals. The law provides few safeguards against the misuse of data by public officials and little clarity regarding complaint mechanisms for affected persons.

There were no government restrictions on academic freedom or cultural events, although political considerations allegedly influenced academic appointments.

The constitution provides for the freedoms of peaceful assembly and association, but prior to the resignation of then president Morales on November 10, civil society groups, in particular but not limited to those critical of the government, faced harassment from Morales government officials.

While the law requires a permit for most demonstrations, the government rarely enforced the provisions, and most protesters demonstrated without obtaining permits. Most demonstrations were peaceful, but occasionally demonstrators carried weapons, including clubs, machetes, firearms, firecrackers, and dynamite. Security forces at times dispersed protest groups carrying weapons or threatening government and private facilities. The number of protests sharply increased after the October 20 presidential and legislative election, which was marred by fraud and manipulation.

On October 31, the MAS-supporting organization Ponchos Rojos attacked doctors protesting outside the Hospital Obrero in La Paz with rocks and bats. According to a National Insurance Fund report, 15 persons were injured in the skirmish. That evening, following the La Paz anti-Morales rally, mostly young protesters attempted to enter Plaza Murillo, La Paz’s main government square home to the Legislative Assembly, Ministry of Foreign Affairs, and former presidential palace, where they confronted thousands of MAS-supporting miners. Police used tear gas and water cannons to disperse the crowd.

Following Morales’ resignation on November 10, Morales opponents filled the streets of La Paz in jubilation, with some groups ransacking and vandalizing houses of MAS-affiliated individuals. As the evening went on, however, MAS supporters took to the streets of La Paz and responded with their own vandalizing and looting. According to human rights activists and media reports, the homes of six persons whom MAS supporters identified as prominently aligned with the opposition were burned.

The constitution provides for freedom of association, but the government did not consistently respect this right. Prior to the resignation of then president Morales on November 10, NGOs continued to be targets of government officials, including then president Morales, then vice president Alvaro Garcia Linera, and Morales government ministers, if they operated in a manner perceived as adversarial to the government. Some NGOs alleged government registration mechanisms were purposefully stringent in order to deter an active civil society.

Following both the country’s first-ever presidential primaries on January 27 and the presidential elections on October 20, some government officials reported that on the day following the elections their superiors demanded they present evidence to show they voted for the Evo-Alvaro ticket. Evidence they were asked to present included photographs of their ballot showing they voted for Evo Morales, the address of the polling place where they allegedly voted, and a certificate of the TSE that proved they had voted.

On April 16, media outlets reported Colonel David Flores was discharged from the police force for appearing in uniform in a short video released in 2018 that defended the 21F movement, which opposed Morales’ candidacy for president and rejected the Constitutional Court’s 2017 ruling that effectively invalidated the constitution’s presidential term limits.

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.

In-country Movement: The law prohibits travel on election days and on census days and restricts foreign and domestic travel for up to three months as a penalty for persons who do not vote. A number of politicians opposed to the Morales administration with legal cases against them were prohibited from leaving the country and were required to turn in their passports.

Not applicable.

Abuse of Migrants, Refugees, and Stateless Persons: On March 17, police and immigration officials detained 14 Venezuelan migrants (three women and 11 men) from a migrant shelter in La Paz for having participated in a peaceful demonstration against human rights violations in Venezuela on March 15. According to migrant advocates and media reports, the officers took the migrants to the immigration office and accused them of “conspiracy” and “political activities in exchange for money.” On that same day, five of the migrants were deported; the remaining nine, who had requested asylum, were released. Five of the remaining migrants subsequently fled to Peru due to fear of further abuse. According to Amnesty International, those released feared more repression and arbitrary deportation.

Prior to the resignation of then president Morales on November 10, the Morales administration did not cooperate with the Office of the UN 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. On December 13, under the transitional government, Foreign Minister Karen Longaric announced the country would provide refugee status to Venezuelan migrants. She explained the majority of Venezuelans were in Bolivia under an irregular status or with temporary permits due to the Morales administration’s regulations. With the financial backing of UNHCR, she announced the status of Venezuelans in the country would be changed to refugee status and future Venezuelan migrants would be admitted as refugees.

Access to Asylum: The law provides for the granting of asylum or refugee status, and the government has established a system for providing protection to refugees through the National Commission on Refugees. The country has a legal structure and framework to accommodate those seeking refuge and has a registry of refugees and stateless persons. Despite these provisions, as of October the Morales administration had not given Venezuelan migrants asylum or refugee status. According to human rights and migrant advocates, no humanitarian visas were given to Venezuelan migrants from January to November. On December 13, the transitional government announced it would begin granting refugee status to Venezuelan migrants.

Employment: Refugees have the right to work once authorities grant their residency status but not while waiting on pending applications.

Durable Solutions: By law refugees have a path to naturalization, and the government assumes 90 percent of the fees associated with this process. The Morales government did not recognize Venezuelans as refugees or acknowledge the refugee crisis. As a result, as of November no Venezuelans had been granted access to the benefits of this process.

Not applicable.

a. Freedom of Expression, Including for the Press

The constitution and law provide for freedom of expression, including for the press, but the government did not always respect this right.

Freedom of Expression: On July 27, police shut down a concert at a jazz and blues festival in the state of Mato Grosso do Sul when performers encouraged the crowd to curse President Bolsonaro. Military police officers ordered the music to stop and cleared out the venue.

Violence and Harassment: Journalists were sometimes killed or subjected to harassment, physical attacks, and threats as a result of their reporting. According to the Press Emblem Campaign, from January to June, the National Federation of Journalists reported violence against journalists increased by 36 percent in 2018, compared with 2017, with 135 incidents reported, mostly by protesters. The majority of incidents occurred during political rallies.

The international NGO Press Emblem Campaign reported that as of June, two journalists who did political reporting were killed. On June 18, two men shot and killed journalist Romario da Silva Barros in Marica in the state of Rio de Janeiro. The victim was a founding member of Lei Seca Marica, an online news site covering the daily life of Marica’s approximately 153,000 residents. Images from surveillance cameras showed two men approaching the vehicle in which the journalist was sitting and shooting him several times. The killing of journalist Silva Barros was the second in the city in less than 30 days. On May 25, Robson Giorno, owner of the online newspaper O Marica, was also shot and killed. Giorno had recently announced his intention to run for mayor. As of September, police had not made arrests in either case.

In instances of violence perpetrated by protesters or provocateurs during mass demonstrations, at times security forces injured journalists during crowd-control operations.

Censorship or Content Restrictions: National laws prohibit politically motivated judicial censorship, but there were reports of judicial censorship in some local-level courts. In April Supreme Court justice Alexandre de Moraes ordered two news organizations to remove content from their websites he deemed to be “fake news” about Chief Justice Dias Toffoli that associated him with corrupt dealings. Two days later, under intense pressure, Justice Moraes rescinded the decision.

There were also instances of censorship of material supportive of the LGBTI community. According to media reports, on September 5, Rio mayor Marcelo Crivella attempted to pull the graphic novel Avengers: The Children’s Crusade from the Rio International Book Festival because it prominently featured a same-sex kiss, which he called inappropriate for children. He said the book and others with LGBTI content should be wrapped in black plastic and display a warning label, and he then ordered city inspectors to seize copies of Avengers. The book sold out prior to his giving the order.

On August 21, Minister of Citizenship Osmar Terra suspended federal funding for a television series that would have featured gender and sexual diversity, including LGBTI plotlines. The former Temer administration had already approved funding, and the series was in the final phase of approval. The announcement came after President Bolsonaro criticized funding for media that promoted LGBTI themes in a Facebook live broadcast. Minister Terra denied the suspension was an act of censorship, stating the Bolsonaro administration had the right to prioritize programming and was not beholden to decisions made by prior administrations. On August 22, the national secretary of culture within the Ministry of Citizenship, Jose Henrique Medeiros Pires, stepped down in protest, and the Federal Public Ministry of Rio de Janeiro opened an investigation to determine if the federal government violated the constitution by discriminating against the LGBTI community and violating rules for government public notices. On October 7, a federal court sided with the Federal Public Ministry’s lawsuit and overturned Minister Terra’s suspension, finding there was discrimination by the government.

Nongovernmental Impact: Nongovernmental criminal elements at times subjected journalists to violence due to their professional activities.

The government did not restrict or disrupt access to the internet or systematically censor online content, and there were no credible reports the government monitored private online communications without appropriate legal authority. Nonetheless, the online environment remained constrained by violence against independent bloggers and websites, criminal defamation laws, and restrictive limits on content related to elections.

The law protects net neutrality and freedom of expression online and provides for the inviolability and secrecy of user communications online, permitting exceptions only by court order. Anonymous speech is explicitly excluded from constitutional protection.

The electoral law regulates political campaign activity on the internet. The law prohibits paid political advertising online and in traditional media. During the three months prior to an election, the law also prohibits online and traditional media from promoting candidates and distributing content that ridicules or could offend a candidate.

There were no significant reports of government restrictions on educational or cultural events.

The law provides for the freedoms of peaceful assembly and association, and the government generally respected these rights.

The government generally respected the right of freedom of peaceful assembly, but police occasionally intervened in citizen protests that turned violent.

On July 23, three federal highway police officers interrupted a civil society meeting being held to organize protests against President Bolsonaro during his visit to the state of Amazonas. The officers reportedly intimidated and questioned participants about the protest and which organizations were involved. According to press reports, two participants said the officers claimed they were acting on official orders.

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, and the government generally respected these rights.

Not applicable.

According to the Office of the UN High Commissioner for Refugees (UNHCR) Socioeconomic Profile of Refugees in Brazil report, as of February there were 5,314 officially recognized refugees living in the country. The report included results from interviews with a sample of 500 refugees who had settled in seven states and the Federal District. According to the report, 55 percent of the refugees were from Syria and the Democratic Republic of the Congo. UNHCR reported 178,575 Venezuelans had requested protection in Brazil as of August. Of those, only 221 had been officially recognized as refugees by the National Committee for Refugees due to a years-long backlog in deciding cases.

Abuse of Migrants, Refugees, and Stateless Persons: NGOs reported that refugees were susceptible to human trafficking for the purposes of forced prostitution and forced labor. The National Committee for Refugees cooperated with UNHCR and other humanitarian organizations in providing official documents, protection, and assistance to refugees, asylum seekers, and other persons of concern. In July UNHCR, UNICEF, and the International Organization for Migration conducted training in the northern state of Roraima with military personnel on how to combat sexual abuse and exploitation in emergency contexts.

The government cooperated with UNHCR and other humanitarian organizations in providing protection and assistance to displaced persons.

Access to Asylum: The law provides for the granting of asylum or refugee status, and the government has established a system for providing protection to refugees. By law refugees are provided official documentation, access to legal protection, and access to public services. A 2017 migration law codified protections for asylum claimants and created a new humanitarian visa and residency status that serves as an alternative to refugee claims for some categories of regional migrants, particularly from Venezuela.

Increasing numbers of Venezuelan economic migrants, asylum seekers, and refugees arrived in the northern state of Roraima during the year. Many applied for asylum or temporary residency. The influx of the migrants into the small state aggravated relations between the local residents, migrants, and refugees, leading to incidents of violence.

The government continued the process of “interiorization” of Venezuelan asylum seekers, moving them from the border to other states to relieve pressure on the resource-strapped state of Roraima. The process was differentiated from resettlement, since a legal determination on their refugee status had not been reached.

Employment: The interiorization program also aims to provide economic opportunities for resettled Venezuelans by placing them in economic hubs in larger cities. Nonetheless, resettled Venezuelans seeking employment reported difficulty obtaining Brazilian accreditation for foreign academic degrees and professional licenses, restricting their ability to work.

Not applicable.

a. Freedom of Expression, Including for the Press

The law provides for freedom of expression, including for the press, and the government generally respected this right. Violence and harassment, as well as the criminalization of libel, inhibited freedom of the press, and the government frequently influenced the press, in part through its large advertising budgets. The independent media were active and expressed a wide variety of views without restriction.

Violence and Harassment: According to the domestic NGO Foundation for Press Freedom (FLIP), through August 16, there were 83 threats against journalists and 250 incidents of violence or harassment. FLIP also reported that between January and August, no journalists were illegally detained and 21 were physically assaulted. One was ordered detained for failure to comply with a protective order related to a defamation case, but the detention order was never enforced. According to FLIP, there were three convictions for threats against journalists through September.

As of June 30, the NPU provided protection services to 162 journalists. Some NGOs raised concerns about perceived shortcomings in the NPU, such as delays in granting protection and the appropriateness of measures for addressing specific threats.

Censorship or Content Restrictions: FLIP alleged some journalists practiced self-censorship due to fear of being sued under libel laws or of being physically attacked, mostly by nongovernment actors. FLIP asserted that the high degree of impunity for those who committed aggressions against journalists was also a factor.

Libel/Slander Laws: By law slander and libel are crimes. There is no specific law against slandering public officials, and the government did not use prosecution to prevent media outlets from criticizing government policies or public officials. Political candidates, businesspersons, and others, however, publicly threatened to sue journalists for expressing their opinions, alleging defamation or libel. FLIP reported one defamation case filed against a journalist during the year.

Nongovernmental Impact: Members of illegal armed groups inhibited freedom of expression by intimidating, threatening, kidnapping, and killing journalists. National and international NGOs reported local media representatives regularly practiced self-censorship because of threats of violence from these groups. For example, NGOs reported on the June killing of Libardo Montenegro, a reporter for the community radio station in Samaniego, Narino. No arrests were made, but NGOs reported the killing might have been a response to Montenegro’s coverage of drug-related violence in the region. In August, five journalists in Valle de Cauca received threats via text message after reporting on power cuts to municipalities in the area. Those responsible for the threats were unknown.

The government did not restrict or disrupt access to the internet or censor online content, and there were no credible reports that the government monitored private online communications without appropriate legal authority. Due to the general climate of impunity and violence in some areas, self-censorship occurred both online and offline, particularly within rural communities.

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

The law provides for the freedoms of peaceful assembly and association, and the government generally respected these rights.

The law provides for the freedom of peaceful assembly, and the government generally respected this right. Some NGOs alleged that riot police (Esmad) used excessive force to break up demonstrations.

On January 1, the National Police issued a directive to govern their response to demonstrations. NGOs and press reports alleged the directive had not been entirely effective in managing protests peacefully, citing the use of police force during university protests in September. Human rights groups and NGOs also alleged the Esmad used excessive force to suppress protests by indigenous groups in March and April. Indigenous communities joined together to hold sustained protests (known as a minga) that closed highways as they called for increased government attention to address violence against social leaders, implement the 2016 peace accord, and fulfill agreements reached with indigenous communities after two months of strikes in late 2018.

In November student groups, labor unions, and human rights activists engaged in mostly peaceful protests throughout the country, advocating for changes to the government’s social and economic policies. Some NGOs and media reports accused security forces of using excessive force after protests turned violent, and media outlets reported that the Attorney General’s Office opened 11 investigations involving the Esmad resulting from the protests in Bogota.

The law provides for the freedom of association, and the government generally respected this right. Freedom of association was limited, however, by threats and acts of violence committed by illegal armed groups against NGOs, indigenous groups, and labor unions.

Although the government does not prohibit membership in most political organizations, membership in organizations that engaged in rebellion against the government, espoused violence, or carried out acts of violence, such as FARC dissidents, the ELN, and other illegal armed groups, was against the law.

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. The government generally respected these rights, although there were exceptions. Military operations and insecurity in certain rural areas restricted freedom of movement.

In-country Movement: The government required asylum seekers and individuals without regularized migration status to have salvaconductos (safe passage documents) to travel throughout the country. Organized-crime gangs, ELN guerrillas, and other illegal armed groups continued to establish illegal checkpoints on rural roads.

International and civil society organizations also reported that illegal armed groups confined rural communities through roadblocks, curfews, car bombs at egress routes, and improvised explosive devices in areas where illicit crop cultivation and narcotics trafficking persisted. According to the UN Office for the Coordination of Humanitarian Affairs, between January and August, more than 342,000 persons faced mobility restrictions that limited their access to essential goods and services due to armed incidents and geographical factors.

There were approximately 7.8 million internally displaced persons (IDPs) in the country, largely a result of the armed conflict. Threats posed by illegal armed groups drove internal displacement in remote areas as well as urban settings. In some areas the FARC withdrawal resulted in a struggle for control by other illegal armed groups, causing violence and internal displacement. The government, international organizations, and civil society groups identified various factors causing displacement, including threats, extortion, and physical, psychological, and sexual violence by illegal armed groups against civilian populations, particularly women and girls. Other causes of displacement included competition and armed confrontation among and within illegal armed groups for resources and territorial control; confrontations between security forces, guerrillas, and organized-crime gangs; and forced recruitment of children or threats of forced recruitment. Drug trafficking, illegal mining, and large-scale commercial ventures in rural areas also contributed to displacement. Local institutions lacked the capacity in many areas to protect the rights of, and provide public services to, IDPs and communities at risk of displacement, and consequently the government struggled to provide adequate protection or humanitarian assistance to newly displaced populations.

The UN Office for the Coordination of Humanitarian Affairs reported that 33,400 persons were affected in 112 displacement events in 2018 and that 12,000 persons were affected in 37 displacement events between January and June 2019. Departments with the highest rate of mass displacements included Antioquia, Choco, Cordoba, Narino, and Norte de Santander.

The Victims’ Unit maintained the Single Victims Registry as mandated by law. Despite improvements in the government registration system, IDPs experienced delays in receiving responses to their displacement claims due to a large backlog of claims built up during several months, lack of the unit’s presence in rural areas, and other constraints. Government policy provides for an appeals process in the case of refusals.

The ELN and organized-crime gangs continued to use force, intimidation, and disinformation to discourage IDPs from registering with the government. International organizations and civil society expressed concern over urban displacement caused by violence stemming from territorial disputes between criminal gangs, some of which had links to larger criminal and narcotrafficking groups.

The Victims’ Unit cited extortion, forced recruitment by illegal armed groups, killings, and physical and sexual violence as the primary causes of intraurban displacement. The Office of the UN High Commissioner for Refugees (UNHCR) reported that in some departments displacement disproportionately affected indigenous and Afro-Colombian groups.

As of June the government registered 212,081 IDPs who identified as indigenous, and 834,597 who identified as Afro-Colombian. Indigenous persons constituted approximately 3 percent and Afro-Colombians approximately 11 percent of new IDPs registered by the government.

The NGO National Association of Displaced Afrodescendants (AFRODES) stated that threats and violence against Afro-Colombian leaders and communities continued to cause high levels of forced displacement, especially in the Pacific Coast region. AFRODES and other local NGOs expressed concern that large-scale economic projects, such as agriculture and mining, contributed to displacement in their communities.

By law, 52 government agencies are responsible for assisting registered IDPs. In addition, dozens of international organizations; international NGOs; domestic nonprofit groups; and multilateral organizations, including the International Organization for Migration, World Food Program, ICRC, UNHCR, and Colombian Red Cross, coordinated with the government to provide emergency relief and long-term assistance to displaced populations.

International organizations and NGOs remained concerned about the slow and insufficient institutional response to displacement. As a result, NGOs took responsibility for providing humanitarian assistance to recently displaced individuals. International organizations and civil society reported that a lack of local capacity to accept registrations in high-displacement areas often delayed assistance to persons displaced individually or in smaller groups. Humanitarian organizations attributed the delays to a variety of factors, including the lack of personnel, funding, declaration forms, and training. Insecurity in communities affected by the conflict, including areas in the departments of Antioquia, Cauca, Choco, Narino, and Norte de Santander, sometimes delayed national and international aid organizations from reaching newly displaced populations.

Despite several government initiatives to enhance IDP access to services and awareness of their rights, municipalities in many parts of the country did not have the resources or capacity to respond to new displacements and provide humanitarian assistance to IDPs. Many IDPs continued to live in poverty in unhygienic conditions and with limited access to health care, education, shelter, and employment.

Displaced persons also sought protection across international borders. UNHCR estimated that Colombia was the country of origin for 400,000 refugees and persons in a refugee-like situation, the majority in Ecuador, with additional populations in neighboring countries, including Costa Rica and Panama. The governments of Colombia and Ecuador continued to meet throughout the year regarding the situation of Colombian refugees and asylum seekers in Ecuador, and the Colombian government offered a program to assist Colombians abroad who returned to Colombia. In addition, the government estimated that 500,000 Colombians, many of whom were displaced by the conflict in Colombia and registered as refugees in Venezuela, had returned from Venezuela as of August.

Access to Asylum: The law provides for the granting of asylum or refugee status, and the government has established a system for providing protection to refugees. The government reported it had approved 86 requests for recognition of refugee status of the 6,451 applications it received from 2016 to July 23, 2019. Venezuelans represented approximately 95 percent of applications during the year. Authorities stated the asylum process took at least one year, during which applicants were given a permit to stay in the country but were not allowed to work. In October the government opened an asylum office in Bogota to increase its capacity to process a backlog of more than 5,000 cases.

During the year there was a large increase in migration flows from Venezuela. According to migration officials, as of November the country hosted more than 1.5 million Venezuelans. While the government generally provided access to the asylum process for persons who requested international protection, many opted for alternative migration status. In August the government issued an administrative resolution granting Colombian citizenship to Venezuelan children born in Colombia on or after August 19, 2015, immediately granting citizenship to 24,000 children.

Temporary Protection: The government also provided temporary residence permits (PEPs) to Venezuelans who met certain eligibility requirements. Approximately 600,000 Venezuelans who entered with passports legally were granted PEPs in 2017-18, according to migration officials. PEPs provide access to work, primary and secondary education, and the social insurance system as well as the ability to open bank accounts. The temporary residency permit is valid for up to two years. In August the government announced a two-year extension for PEPs issued in 2017.

According to UNHCR, there were more than nine million persons of concern (including refugees, asylum seekers, IDPs, returned IDPs, returned refugees, stateless persons, and others of concern) residing in the country in 2018, compared with 7.7 million in 2017.

Not applicable.

a. Freedom of Expression, Including for the Press

The constitution provides for freedom of expression, including for the press, but other laws restrict this right. On February 20, reforms to the 2013 communication law went into effect, repealing several provisions seen as severely limiting freedom of expression and press. Experts cautioned, however, that other restrictive provisions to journalistic work found in the 2013 law remained in effect, including Article 5 characterizing media and communications as a public service (not a right) and a provision requiring all journalists to hold university degrees. Restrictive provisions found in other laws, such as punishing opinions as slander that carries a prison term of six months to two years, also remained in force.

Freedom of Expression: Individuals could usually discuss matters of general public interest publicly or privately without reprisal. The law prohibits citizens from using “discrediting expressions,” treated as a misdemeanor with a 15- to 30-day prison term. There were no reports the government invoked this law to restrict freedom of expression during the year.

Press and Media Freedom, Including Online Media: Independent media were active and expressed a wide variety of views, including those critical of the government.

On February 5, the independent watchdog organization Freedom House classified the country as partially free. Journalists continued to report harassment, particularly by supporters of the previous government or unknown persons, although attacks on reporters continued to decline.

The domestic freedom of expression watchdog group Fundamedios registered 289 attacks on freedom of expression from May 2018 to October 2019, compared with 491 attacks in 2016. As of October 14, Fundamedios quantified “attacks” ranging from court sentences against media or journalists (three instances); physical attacks or intimidation against journalists (104 instances); verbal threats and insults (47 instances); to cyberthreats, hacks, or closure of social media accounts (30 instances as of August). While the complete data did not link attacks to a perpetrator, no attacks in the data available were categorized as “abuses of power from the state.”

During violent protests against the government’s economic reforms between October 3-13, Fundamedios reported 116 attacks against journalists and media outlets, largely by demonstrators or other unknown persons, related to journalists’ coverage of events. Protesters attacked and attempted to burn the headquarters of the Teleamazonas television station and the El Comercio newspaper in Quito on October 12. Protesters in Quito held 27 journalists hostage on October 10, threatening them with violence if they did not provide live broadcasting of their demands; all of the journalists were released without physical harm.

The law limits the ability of media to provide election coverage during the official campaign period, with no coverage allowed whatsoever in the 48 hours before a national election. A constitutional court ruling affirmed the right of the press to conduct interviews and file special reports on candidates and issues during the campaign period, but the ruling left in place restrictions on “direct or indirect” promotion of candidates or specific political views.

The law includes the offense of inciting “financial panic” with a penalty of imprisonment for five to seven years for any person who divulges false information that causes alarm in the population and provokes massive withdrawals of deposits from a financial institution that place at risk the institution’s stability.

The law mandates the television and radio broadcast of messages and reports by the president and his cabinet free of charge. President Moreno reduced the amount of time required for presidential broadcasts to one 15-minute weekly program from the three- to four-hour weekly program by his predecessor.

Reforms to the 2013 communications law on spectrum allocations addressed past concerns about excessive spectrum being potentially allocated to state media. The reforms call for the redistribution of broadcast frequencies to divide media ownership between community media (up to 34 percent), private media and public media (up to 66 percent combined). Maximum figures under the reform are subject to demand and availability. Nonetheless, the reforms limit the allocation of radio frequencies to the public sector to no more than 10 percent of the spectrum. On August 29, Minister of Telecommunications Andres Michelena announced the frequency redistribution process was underway.

Violence and Harassment: On June 28, supporters of then president Jose Tuarez of the Citizen Participation and Social Control Council (CPCCS) pushed and screamed at journalists from several media outlets while he participated in a press conference in Guayaquil. On July 5, Tuarez accused some media members of being “corrupt” during his official tour to Manabi Province. He further accused outlets of “media lynching” (see “Libel/Slander Laws” subsection below) over published stories that Tuarez altered his credentials to bolster his candidacy for the CPCCS presidency. Separately, Tuarez was removed from his position as CPCCS president by the National Assembly on August 15 for “breach of duties and lack of probity.”

Censorship or Content Restrictions: There were reports government officials tried to penalize those who published items critical of the government. On May 17, the Health Ministry’s National Agency of Sanitary Control (ARCSA) filed a criminal lawsuit against Luis Eduardo Vivanco and three other journalists from digital media outlet La Posta. ARCSA officials complained La Posta published “discrediting expressions” in an article alleging irregularities in medical supply acquisitions. President Moreno requested the resignation of ARCSA executive director Juan Carlos Galarza the same day, citing the criminal lawsuit against La Posta. The Communication Secretariat in the Office of the Presidency issued a statement noting it valued freedom of expression and would “not tolerate any stances against it.”

On October 8, police confiscated with a judicial warrant the transmitting equipment of Pichincha Universal, a public radio station under the control of the Prefecture of Pichincha, whose prefect was subsequently detained October 14 on charges of “rebellion,” based on the claim by the Public Prosecutor’s Office that the radio station violated the law by “inciting unrest” during violent antigovernment protests. The Office of the Special Rapporteur for Freedom of Expression of the Inter-American Commission on Human Rights (IACHR) expressed concern on October 10 about the suspension of the radio station’s transmission, which “could constitute an act of censorship.” On October 25, a judge issued a preliminary injunction, and the radio station returned to the air.

Digital outlet La Fuente reported to Fundamedios that it had received an email, allegedly from someone in the Office of the Presidency, that its website was being suspended temporarily on July 11 due to alleged violations of copyright laws for using certain graphics without authorization in several of its reports. La Fuente resumed online operations the following day.

On February 25, a regional law firm reported that the reforms to the 2013 communications law repealed some prior censorship measures. For example, the reform introduced the concept of “self-regulation,” defined as the balance between responsibility and freedom of information, which media outlets must regulate through the drafting of voluntary codes of ethics.

The law imposes local content quotas on media, including a requirement that a minimum of 60 percent of content on television and 50 percent of radio content be produced domestically. Additionally, the law requires that advertising be produced domestically and prohibits any advertising deemed by a judge (as private individuals can initiate complaints against advertisers) to be sexist, racist, or discriminatory in nature. Furthermore, the Ministry of Public Health must approve all advertising for food or health products.

Libel/Slander Laws: Libel is a criminal offense under the law, with penalties of up to three years in prison, plus fines. The law assigns responsibility to media owners, who are liable for opinion pieces or statements by reporters or others, including readers, using their media platforms. February reforms to the 2013 communications law repealed a prohibition of “media lynching,” described as the “coordinated and repetitive dissemination of information, directly or by third parties through media, intended to discredit a person or company or reduce its public credibility.”

There was one report a government official used libel laws against a journalist. Esmeraldas Province authorities confirmed journalist Henry Cordova was detained on September 8 to serve a 20-day prison sentence in lieu of paying a $5,000 fine, stemming from a November 2018 ruling in which Cordova was found guilty of libel against national assemblyperson at the time (now Esmeraldas prefect) Roberta Zambrano.

On September 11, the Constitutional Court overturned a 2012 ruling against Diario La Hora. The National Secretary of Public Administration argued in 2012 that the outlet published information (about the then government’s propaganda expenses) that hurt the institution’s reputation. The court’s September 11 decision highlighted that only humans, not institutions, have rights. Legal experts argued the decision sets a precedent in favor of free speech.

Nongovernmental Impact: On April 16, President Moreno reported that a truth commission from the Attorney General’s Office would investigate the kidnapping and killing of El Comercio journalists by a narcoguerilla group in March and April 2018.

Actions to Expand Freedom of Expression, including for the media: President Moreno signed the Chapultepec Declaration on February 20, reiterating his commitment to press freedom. On April 29, representatives from several government agencies, including the Presidency’s General Secretariat for Communication, Ministry of the Interior, Ministry of Foreign Affairs and Human Mobility, and Council for Regulation, Development, and Promotion of Information and Communication, signed an agreement to set up a national Committee for the Protection of Journalists. The committee drafts security protocols, provides training, and specifies the investigation of threats against journalists. On May 31, the committee held its first meeting, open to the public, in which the government’s then secretary general for communication Andres Michelena reiterated the committee’s dedication to journalists’ defense and protection.

In May UN Special Rapporteur on Freedom of Opinion and Expression David Kaye submitted a report to the UN Human Rights Council based upon his October 2018 visit to the country. The report recognized the “significant progress” in the government’s effort “to put an end to…violations of the right to freedom of expression, and to reverse their effects.”

In July the Inter-American Court of Human Rights ruled in favor of newspaper El Universo in a case previously brought against it by then president Rafael Correa, who had accused El Universo of damaging his reputation following an editorial piece by journalist Emilio Palacio that analyzed the public clashes between police and national government in September 2011 (30-S).

The government did not restrict or disrupt access to the internet, and there were no credible reports the government censored online content or monitored private online communications without appropriate legal authority.

A government regulation requires that internet service providers comply with all information requests from the superintendent of telecommunications, allowing access to client addresses and information without a judicial order. The law holds a media outlet responsible for online comments from readers if the outlet has not established mechanisms for commenters to register their personal data (including national identification number) or created a system to delete offensive comments. The law also prohibits media from using information obtained from social media unless they can verify the author of the information.

According to a nonprofit organization, the government did not directly act against online criticism, although social media trolls arose following the publication of some controversial cases involving government officials.

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

The law provides for the freedoms of peaceful assembly and association, and the government generally respected these rights.

In response to physical violence, vandalism, and looting during nationwide protests against the government’s proposed economic reforms, President Moreno issued Decree 884 on October 3 that established a nationwide “state of exception” for 60 days, which suspended mass gatherings in public spaces and mobilized the armed forces and police to “protect property, life, and maintain order.” The Constitutional Court validated the state of exception October 7 but limited it to 30 days.

On October 12, President Moreno issued Decree 893 amending the state of exception and focusing the restrictions on movement to key state installations and government buildings, as well as vital infrastructure including airports and oil refineries. The state of exception ended on November 2. Following escalating violence and attacks against police and military personnel and government and press buildings, the President declared a curfew in the Quito metropolitan area on October 12, which was lifted the following day.

The law provides for freedom of peaceful assembly, and the government generally respected this right. Public rallies require prior government permits, which authorities usually granted.

Although the nationwide state of exception under Decrees 884 and 893 prohibited mass gatherings, various mass demonstrations occurred between October 3 and October 13. President Moreno and government ministers consistently distinguished between peaceful protesters and violent agitators and vandals. Several peaceful demonstrations took place during the state of exception, including a peaceful protest by approximately 17,000 demonstrators that police facilitated in Quito on October 9 and a march for peace and democracy in Guayaquil that drew an estimated 30,000 persons on the same day.

The government reported that no lethal force by police or armed forces was used to respond to the protesters. According to Ministry of Government figures, there were 1,330 detentions, 1,507 wounded (including 435 police personnel), 202 police detained against their will by protesters, and up to eight dead between October 3-13 in the context of the protests. The government claimed most of the deaths were the result of accidents, including traffic accidents, but pledged to investigate the circumstances of all deaths. The government reported none of the deaths were attributable to live ammunition. The government invited the IACHR to visit October 28-30 and the Office of the UN High Commissioner for Human Rights for a mission October 20-November 8 to observe the human rights situation in connection with the protests. Final reports on the findings of the respective visits were pending through November 20.

The law provides for freedom of association, and the government generally respected this right. In 2017 Decree 193 replaced executive Decrees 16 and 739 that regulated freedom of association. Civil society representatives noted the new decree eliminated provisions meant to stymie opposition and limit foreign influence and simplified the application process to obtain and maintain legal status for NGOs and social groups by relaxing and eliminating some bureaucratic hurdles. They continued to lament, however, that the new decree leaves in place some policies of the previous government that could enable the government to dissolve independent organizations for poorly defined reasons. According to media citing Human Rights Secretariat figures, the number of legally recognized organizations increased 79 percent from 35,569 in October 2017 to 63,753 in November.

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.

Not applicable.

The 2017 Human Mobility Law codifies protections granted to migrants in the constitution, advances the protection of refugees and asylum seekers, and establishes provisions such as equal treatment before the law for migrants, nonrefoulement, and noncriminalization of irregular migration.

During the year large numbers of migrants and asylum seekers and the country’s economic slowdown strained the government’s immigration and social services, which worked closely with local, international, and civil society organizations to cover assistance gaps.

As of September 2, nearly 500,000 Venezuelans had entered Ecuador, with approximately 75 percent transiting to other countries. On August 26, the government implemented a new humanitarian visa requirement for Venezuelans to enter Ecuador. The Office of the UN High Commissioner for Refugees (UNHCR) reported the number of Venezuelan migrants entering through formal border crossing points dropped considerably after August 26. International humanitarian organizations estimated that a significant number of Venezuelan citizens began to enter through informal border-crossing points. International organizations expressed concern the increased number of informal crossings placed more migrants in vulnerable conditions. International organizations also voiced concern that the new policy initially did not allow for exceptions to the visa requirement for some vulnerable populations.

The government estimated the number of Venezuelans residing in Ecuador likely exceeded 380,000 as of September 10. As of September the government had issued visas to approximately 120,000 Venezuelans.

The government began a nationwide registration and regularization process on September 26, which will end March 31, 2020. As of October 27, the Migration Secretariat of the Ministry of Government had registered more than 125,000 Venezuelans–the first step required to regularize status. On October 26, the Foreign Ministry began issuing two-year humanitarian visas to those registered as the next step in the regularization process.

Abuse of Migrants, Refugees, and Stateless Persons: Migrants and refugees, especially women and children, sometimes experienced sexual and gender-based violence. UNHCR and local NGOs reported that refugee women and children were susceptible to violence and trafficking in persons for the purposes of sex trafficking and forced labor. They also reported the forced recruitment of adolescents into criminal activity, such as drug trafficking and robbery, on the northern border, particularly by organized-crime gangs that also operated in Colombia. Government authorities provided basic protection for vulnerable populations; however, the influx of migrants and refugees during the year placed a significant strain on the government’s capacity to address and prevent abuses against migrants and refugees.

The government cooperated with UNHCR, the International Organization for Migration, and other humanitarian organizations in providing protection and assistance to migrants, internally displaced persons, refugees, asylum seekers, stateless persons, and other vulnerable persons of concern.

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

On June 18, Minister of Foreign Affairs and Human Mobility Jose Valencia stated the government had granted refugee status to approximately 68,000 persons since 1981, with 98 percent being Colombian citizens.

UNHCR reported an increase in Colombian and Venezuelan asylum seekers during the year. UNHCR reported Venezuelans and Colombians comprised the greatest number of asylum seekers, with 6,729 and 2,800 asylum cases recorded through June, respectively. When the new visa requirement for Venezuelans went into effect on August 26, UNHCR worked closely with Ecuadorian authorities to enable all asylum seekers to approach Ecuadorian immigration facilities at the Rumichaca International Bridge on the border with Colombia to request asylum officially. More generally, an international organization reported many Venezuelans did not apply for asylum because they were unfamiliar with the process or did not know how long they would stay in the country.

Access to Basic Services: The country’s Human Mobility Law provides for access to education, health care, and other services to all migrants irrespective of their legal status. Nonetheless, according to UNHCR and NGOs, refugees encountered discrimination in employment and housing. Recognized refugees received national identification cards that facilitated access to education, employment, banking, and other public services. A 2016 agreement between UNHCR and the Civil Registry allows UNHCR to provide financial aid to refugees who cannot afford to pay the identification card fee and travel expenses to the three cities where the cards are issued. UNHCR reported that 9,751 refugees had received identification cards as of August. The Civil Registry also requires a refugee enrollment order from the Ministry of Foreign Affairs and Human Mobility, and sometimes refugees were required to return to the ministry if the information on their records contained errors.

Durable Solutions: The government accepted refugees for resettlement and offered naturalization to refugees, although few refugees were able to naturalize as citizens or gain permanent resident status due to an expensive and lengthy legal process. Discrimination, difficulty in obtaining adequate documentation, and limited access to formal employment and housing affected refugees’ ability to assimilate into the local population. On July 25, President Moreno issued a decree to grant migratory amnesty and begin a regularization process for law-abiding Venezuelans residing in an irregular status in the country.

Temporary Protection: While there is no legal provision for temporary protection, the government and NGOs provided humanitarian aid and additional services, such as legal, health, education, and psychological assistance, to individuals recorded as having crossed the border during the year.

As an associate member of the Southern Common Market (MERCOSUR) and despite the government’s March 13 decision to leave the Union of South American Nations (UNASUR) and the National Assembly’s September 17 vote affirming that decision, the government continued to issue temporary visas to citizens of Argentina, Bolivia, Brazil, Chile, Colombia, Paraguay, Peru, Uruguay, and Venezuela, and the government waived the visa application fee for Colombian and Paraguayan citizens. Foreigners with an irregular migratory status in the country were eligible to apply for the visa. While the UNASUR and MERCOSUR visas do not provide a safeguard against forced repatriation, UNHCR noted many persons opted for these visas, since the procedure was faster than the refugee process and carried less social stigma. Visa recipients are able to work and study for two years. The visas are renewable based upon the same guidelines as the initial application, with only the additional requirement that the applicant provide an Ecuadorian Criminal Records Certificate, which can be obtained online. According to UNHCR, the new visa requirements allow Venezuelans to apply for a humanitarian temporary residence visa instead of applying for a UNASUR visa.

Not applicable.

a. Freedom of Expression, Including for the Press

The law provides for freedom of expression, including for the press, and the government generally respected this right. Most newspapers, television stations, and radio stations were privately owned. The government had minimal presence in the ownership of news media but remained a significant source of advertising revenue for many media organizations, which at times influenced coverage. Media monopolies, especially in small markets, could constrain freedom of expression.

Violence and Harassment: Journalists were killed or subject to physical and cyberattacks, harassment, and intimidation (especially by state agents and transnational criminal organizations) in response to their reporting. This limited media’s ability to investigate and report, since many of the reporters who were killed covered crime, corruption, and local politics. According to the NGO Committee to Protect Journalists, as of August 31, 10 journalists had been killed because of their reporting.

Perpetrators of violence against journalists acted with impunity. According to the NGO Article 19, as of February the impunity rate for crimes against journalists was 99 percent. In 2018 there were 544 attacks against journalists, according to Article 19. Since its creation in 2010, the Office of the Special Prosecutor for Crimes Against Journalists (FEADLE), a unit in the Attorney General’s Office, secured only 10 convictions for various related crimes, and only one for murder, in the 1,077 cases it investigated. Only 16 percent of the cases FEADLE investigated were taken to court. As of September, FEADLE had not opened any new cases, reportedly in an effort to focus on bringing existing investigations to trial.

Government officials believed organized crime to be behind most of the attacks against journalists, but NGOs asserted there were instances when local government authorities participated in or condoned the acts. According to Article 19, in 2018, 42 percent of physical attacks against journalists originated with public officials. Although 75 percent of those came from state or local officials, federal officials and members of the armed forces were also suspected of being behind 7 percent of attacks against journalists.

There were no developments in the 2017 killing of Miroslava Breach, a prominent newspaper correspondent who reported on organized crime and corruption. In March, Undersecretary for Human Rights Alejandro Encinas stated the federal government was “aiding” the state prosecutor in the case, ultimately affirming it would remain with state prosecutors.

In January the UN Human Rights Committee declared the government responsible for violating journalist Lydia Cacho’s human rights, including subjecting her to acts of torture in 2005 after she exposed government corruption and a pedophile ring, and for shortcomings in the investigation. In response, on April 11, FEADLE issued arrest warrants against former Puebla governor Mario Marin Torres, Kamel Nacif, Juan Sanchez Moreno, and Hugo Adolfo Karam for their role as masterminds of the acts of torture against Cacho. As of September all four remained fugitives. In July, two assailants entered Cacho’s home, poisoned her dogs, and stole research material–including 10 hard drives containing information on pedophile rings, both the one she exposed in 2005 and a new case she was working on. Article 19 referred to the incident as “an act of reprisal for her work as a defender of free speech.”

In August, Cacho fled the country due to fear for her safety, declaring herself “in a situation of forced displacement.” Article 19 stated, “Lydia Cacho was forced to leave the country in the face of not receiving the minimal conditions of security to carry out her job and continue the process of seeking justice for her arbitrary detention and torture perpetrated in 2005.”

Between 2012 and September 2019, the National Mechanism to Protect Human Rights Defenders and Journalists received 976 requests for protection for journalists and human rights defenders. Since 2018 five journalists with protective measures from the Mechanism were killed, including two during the year. In January, Rafael Murua, under Mechanism protection, was shot and killed in Baja California Sur. Police arrested three individuals in connection with the case. In May journalist Francisco Romero was beaten, shot, and killed in Quintana Roo. He had received threats–including from local police–after exposing corruption of local authorities. Both victims had government-issued panic buttons. After these killings, the OHCHR representative in Mexico, Jan Jarab, said the Mechanism merited a “deep reflection” and added, “These cases show that violence against human rights defenders and journalists is deeply rooted and structural changes are needed.”

Censorship or Content Restrictions: Human rights groups reported some state and local governments censored the media. Journalists reported altering their coverage due to a lack of protection from the government, attacks against members of the media and newsrooms, and threats or retributions against their families, among other reasons. There were reports of journalists practicing self-censorship due to threats from criminal groups and government officials.

In March 2018 Article 19 reported the government, despite reductions in its advertising budgets, continued to have a strong financial impact and influence on the largest media companies.

Libel/Slander Laws: There are no federal criminal laws against defamation, libel, or slander; however, eight states have criminal laws on these acts. In Baja California Sur, Guanajuato, Michoacan, Nayarit, Nuevo Leon, and Yucatan, the crime of defamation is prosecuted, with penalties ranging from three days to five years in prison and fines ranging from five to 500 days of minimum salary for committing defamation or slander, both considered “crimes against honor.” Slander is punishable under the criminal laws of the states of Campeche, Colima, Guanajuato, Hidalgo, Michoacan, Nayarit, Nuevo Leon, Sonora, Yucatan, and Zacatecas with sentences ranging from three months to six years in prison and monetary fines. Five states have laws that restrict the publishing of political caricatures or “memes.” These laws were seldom applied.

In May the Supreme Court struck down a law in the state of Nayarit penalizing slander. The court ruled the law violated freedom of expression.

Nongovernmental Impact: Organized criminal groups exercised a grave and increasing influence over media outlets and reporters, threatening individuals who published critical views of crime groups. Concerns persisted about the use of physical violence by organized criminal groups in retaliation for information posted online, which exposed journalists, bloggers, and social media users to the same level of violence faced by traditional journalists.

The government did not restrict or disrupt access to the internet or block or filter online content. Freedom House’s 2018 Freedom on the Net report categorized the country’s internet as partly free, noting concerns about illegal surveillance practices in the country and violence against online reporters.

According to Freedom House, the country remained very dangerous for journalists, and at least four digital reporters were killed in 2018. Digital media journalists covering sensitive stories such as crime, corruption, and human rights violations experienced physical and technical violence.

NGOs alleged provisions in secondary laws threatened the privacy of internet users by forcing telecommunication companies to retain data for two years, providing real-time geolocation data to police, and allowing authorities to obtain metadata from private communications companies without a court order. While the Supreme Court upheld the provisions, it noted the need for authorities to obtain a judicial warrant to access user metadata.

Article 19 noted that according to Google Transparency reports between 2012 and June 2018, the executive and judiciary branches filed 111 requests to remove content from the web, including two instances in which the reason cited was “criticism to government.”

According to Freedom House, “No significant advances were made to investigate” illegal surveillance that took place in 2017 via a sophisticated surveillance software program, Pegasus, presumably targeting human rights defenders, anticorruption activists, and prominent journalists.

In March the Guadalajara-based Jesuit university ITESO released a study detailing “attacks and smear campaigns aimed at journalists and media outlets who have a critical stance against the government.” The study suggested the creators of the attacks and campaigns employed a massive use of bots that created artificial trending topics on Twitter to invite users to defend President Lopez Obrador and attack his critics.

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

The law provides for the freedoms of peaceful assembly and association, and the government generally respected these rights. There were some reports of security forces using excessive force against demonstrators. Twelve states have laws that restrict public demonstrations.

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

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

In-country Movement: There were numerous instances of armed groups limiting the movements of migrants, including by kidnappings and homicides.

The NGO Mexican Commission for the Defense and Promotion of Human Rights identified 12 incidents of forced internal displacement through June. These episodes took place in the states of Chiapas, Chihuahua, Durango, Guerrero, Michoacan, Oaxaca, and Sinaloa. The commission attributed the displacement of 10,947 persons in 2018 to armed attacks against civilians in the states of Chiapas, Oaxaca, and Sinaloa. Of the 25 episodes in 2018, 20 were caused by violence generated by armed organized groups, such as drug cartels, affecting 6,156 persons. The remaining five episodes were caused by land conflicts, social and ethnic violence, or local political disputes, affecting 5,335 individuals. The government, in conjunction with international organizations, made efforts to promote the safe, voluntary return, resettlement, or local integration of displaced persons.

The OHCHR reported that the approximately 3,500 Tzotziles indigenous individuals who returned to their homes in the state of Chiapas did so only because the conditions at the shelter where they were staying were worse than the danger they faced upon return. During a 2017 border dispute between two municipalities, more than 5,000 Tzotziles indigenous individuals were displaced.

Abuse of Migrants, Refugees, and Stateless Persons: The press and NGOs reported victimization of migrants by criminal groups and in some cases by police, immigration officers, and customs officials. In September the Migrant Organizations Network (Redodem, a group of NGOs that shelter migrants) reported that in 2018, federal, state, and municipal police, as well as military forces, committed at least 865 crimes against migrants. Redodem registered 542 robberies committed by authorities, 131 cases of abuse of authority, 83 extortions, 46 injuries, 26 acts of intimidation, eight illegal detentions, and six acts of bribery, among others. According to the report, federal police agents committed 297 incidents, followed by municipal police (266), the state police (179), migration agents (102), the army (18), and the navy (four).

Government and civil society sources reported Central American gang presence spread farther into the country and threatened migrants who had fled the same gangs in their home countries. There were media reports that criminal groups kidnapped undocumented migrants to extort money from their relatives or force them into committing criminal acts on the groups’ behalf.

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

Access to Asylum: Federal law provides for granting asylum or refugee status and complementary protection. The government has an established procedure for determining refugee status and providing protections. From January to August 10, the Mexican Commission to Assist Refugees received 42,788 petitions, a 230 percent increase over the same period in 2018.

The government worked with UNHCR to improve access to asylum and the asylum procedure, reception conditions for vulnerable migrants and asylum seekers, and integration (access to school and work) for those approved for refugee and complementary protection status.

Not applicable.

a. Freedom of Expression, Including for the Press

The law provides for freedom of expression, including for the press, but the government did not respect this right. Restrictions on press freedom, the absence of an independent judiciary, and a nondemocratic political system combined to inhibit freedom of expression, including for the press. Although the law provides that the right to information may not be subjected to censorship, the government and actors under its control retaliated against the press and radio and television stations by blocking transmissions, impeding the import of ink and paper, and violence against journalists. Some independent media outlets also reported they were victims of cyberattacks.

Freedom of Expression: The government used reprisals to restrict the ability of individuals to criticize the government.

Independent media were active and expressed a wide variety of views despite government attempts to restrict and intimidate them. Independent media outlets experienced vandalism, seizure of broadcast equipment, arrest, and fear of criminal defamation charges. The government repeatedly denied broadcasting licenses and other permits for independent media. Further attempts to intimidate came through continued financial audits performed by the Directorate General of Revenue, which resulted in referral of cases to the Customs and Administrative Tax Court. Independent news outlets faced restrictions on speech, such as not being permitted to attend official government events, being denied interviews by government officials, and receiving limited or no direct access to government information. Official media, however, were not similarly restricted.

The government restricted symbolic speech. Prodemocracy protesters were arrested on many occasions for displaying the national flag as a protest banner.

Press and Media, Including Online Media: Independent media faced official and unofficial restrictions, reprisals, and harassment, but they were nonetheless successful in expressing a variety of views. Journalists from many stations were threatened and harassed with the purpose of limiting their editorial independence.

Significant state influence, ownership, and control over media continued. National television was largely controlled either by business associates of the president or directly owned and administered by his family members. Eight of the 10 basic channels available were under direct FSLN influence or owned and controlled by persons with close ties to the government. Media stations owned by the presidential family generally limited news programming and served as outlets for progovernment or FSLN propaganda and campaign advertisements. Press and human rights organizations claimed the use of state funds for official media, as well as biased distribution of government advertising dollars, placed independent outlets at a disadvantage.

Violence and Harassment: Journalists were subject to government violence, harassment, and death threats. Renowned journalist Carlos Fernando Chamorro went into exile in January after receiving harassment and death threats. On November 25, he returned, along with five other journalists. The television station 100% Noticias and the offices of news magazine Confidencial remained closed and under police custody after the December 2018 raid of those facilities.

Censorship or Content Restrictions: The government penalized those who published items counter to the ruling party’s ideology; however, it did not do this according to specific guidelines.

To control printing presses, the government continued to enforce the controversial Law 528, or “Ley Arce,” which established high tariffs and bureaucratic delays on the importation of ink, paper, machinery, and other printing necessities, despite constitutional provisions protecting the media’s right to freedom from such tariffs. By September the government had not allowed national, independent print media La Prensa and El Nuevo Diario to import ink, paper, or machine parts to continue printing for more than one year. This led to significant increase in printing costs and restrictions of printing capacity of both daily newspapers. On September 27, after nearly 40 years in business, El Nuevo Diario announced its permanent closure, citing “economic, technical, and logistical difficulties, which made [its] operation unsustainable.”

In September Radio Corporacion, an independent radio broadcaster, found its AM radio antenna sabotaged and its transmission cables dug up and cut into pieces. Radio station staff stated that unknown perpetrators carried out the attack with knowledge of where the sabotage could do the most damage. As a result, the radio station lost its ability to broadcast on the AM frequency for more than a week and moved all of its programming to an FM frequency. This resulted in lower listenership, particularly among rural listeners who rely principally on AM frequency for radio transmissions.

Restrictions in acquiring broadcast licenses and equipment prevented the media from operating freely. Beginning in 2008, media outlets were unable to apply for new broadcasting licenses while the General Law (Law 200) on Telecommunications was under review in the National Assembly. The government extended the validity of existing licenses indefinitely. Human rights groups and independent media also reported the failure to approve or deny Law 200 resulted in uncertainty surrounding the purchase and import of goods related to broadcasting. As a result, independent radio owners continued to defer long-term investments.

Some independent-media owners also alleged the government exerted pressure on private firms to limit advertising in independent media, although other observers believed the lack of advertising was the result of self-censorship by private companies or a business decision based on circulation numbers. Many journalists practiced self-censorship, fearing economic and physical repercussions for investigative reporting on crime or official corruption. In addition, media outlet owners exercised self-censorship by choosing not to publish news that affected public perceptions of the government or the FSLN.

Libel/Slander Laws: Although during the year the government did not use libel laws, independent media reported engaging in self-censorship due to the government’s previous use of libel laws. Slander and libel are both punishable by fines ranging from 120 to 300 times the minimum daily wage.

National Security: Human rights NGOs and civil society organizations argued the Sovereign Security Law was a basis for the government’s failure to respect civil liberties. Although not cited in specific cases, the law applies to “any other factor that creates danger to the security of the people, life, family, and community, as well as the supreme interests of the Nicaraguan nation.”

An NNP regulation restricts criticism of government policies and officials under the guise of protecting national security.

There were credible reports that the government monitored private online communications without appropriate legal authority and in some cases restricted or disrupted access to the internet or censored online content.

Several NGOs claimed the government monitored their email and online activity without appropriate legal authority. Domestic NGOs, Roman Catholic Church representatives, journalists, and opposition members alleged the government monitored their email and telephone conversations. Paid government supporters used social media and website commentary spaces to harass prominent members of civil society, human rights defenders, and well known journalists.

The government disclosed personally identifiable information to penalize the expression of opinions. As part of a continuing social media campaign against prodemocracy protests, ruling party members and supporters used social media to publish personal information of human rights defenders and civil society members. Civil society members alleged government offices provided the information. Government supporters also used the personally identifiable information to mark the houses of civil society members with either derogatory slurs or threats, then published photographs of the marked houses on social media.

There were government restrictions on academic freedom, and many students, academics, and researchers reported pressure to censor themselves.

Public universities expelled from school and erased the records of many university students who participated in prodemocracy protests. In many cases students who went into exile could not continue their studies abroad without their records. Entrances to public universities remained under surveillance by progovernment guards who regularly checked every visitor and also often by police. Some university rectors reported university enrollment following the prodemocracy uprising dipped to 50 percent of precrisis levels.

Human rights NGOs and civil society groups reported authorities required students in elementary and secondary public schools to participate in progovernment rallies while schools were in session. Political propaganda for the ruling party was posted inside public schools. Teacher organizations and NGOs alleged continuing FSLN interference in the school system through the use of school facilities as FSLN campaign headquarters, favoritism shown to members of FSLN youth groups or to children of FSLN members, politicized awarding of scholarships, and the use of pro-FSLN education materials.

Combined NNP and parapolice surrounded and harassed students inside university campuses during student protests in violation of university autonomy.

The government restricted freedoms of peaceful assembly and association.

The government did not respect the legal right to public assembly, demonstration, and mobilization. Prodemocracy marches and protests were not allowed during the year. Police failed to protect peaceful protesters from attacks; they also committed attacks and provided logistical support to other attackers. Human rights organizations reported police stopped traffic for and otherwise protected progovernment demonstrations.

The NNP consistently refused to accept applications or denied permits to use public spaces for prodemocracy marches, using unclear parameters. A denial of permission from the NNP resulted in significant repression and violence against protesters when they carried on with the protest. On September 21, the NNP used tear gas and shot marbles and pellets at prodemocracy protesters, whose application to march was denied by the NNP. Parapolice attacked Roman Catholic churches throughout the year during masses in commemoration of protesters killed during the April 2018 prodemocracy uprising.

On November 14, police surrounded a church in Masaya where Father Edwin Roman hosted a group of mothers of political prisoners on a hunger strike to demand of the release of their children. Police impeded access and prevented anyone inside the church from exiting, and later that day the government cut off water and electricity to the church. On November 15, the NNP arrested 16 individuals who arrived at the church to show solidarity with the striking mothers by providing them with water and charged those 16 individuals with trafficking weapons, munitions, and explosives. Local media and lawyers for the accused said police planted military-grade weapons inside the individuals’ vehicles after they were detained. An attorney for some of the detained individuals reported they had been beaten in prison. On December 2, Judge Adalberto Zeledon announced the trial of the 16 would begin on January 30, 2020.

On November 18, NNP officers and riot police, who had surrounded and blocked access to the Cathedral of Managua as families of political prisoners began a hunger strike inside, allowed inside the cathedral a group of at least 30 regime-aligned individuals, who assaulted Father Rodolfo Lopez and desecrated sacred items and spaces. The regime-aligned individuals spent the night camped out on the altar of the cathedral, menacing the hunger strikers who had locked themselves inside the sacristy. The siege ended on November 19 when the Red Cross evacuated the hunger strikers.

Through various press releases and arrests, the NNP claimed protesters were responsible for destruction of public and private buildings, setting fires, homicides, and looting. While the majority of protesters were peaceful, some turned violent as they responded to NNP and parapolice provocations and use of force by throwing stones and employing homemade mortars and weapons to defend their positions.

The law provides for freedom of association, including the right to organize or affiliate with political parties; nevertheless, the Supreme Electoral Council and National Assembly used their accreditation powers for political purposes. National Assembly accreditation is mandatory for NGOs to receive funding, have bank accounts, or employ workers licitly. The Ministry of the Interior has oversight of regulatory compliance by NGOs and provides certificates. Many NGOs that worked on topics of democracy, human rights, and women’s issues complained that the ministry purposefully withheld certification to hinder their work and access to funding. The Roman Catholic Church NGO Caritas publicly stated that the government retained humanitarian goods in customs with unclear requirements on how to get the products into the country.

For more information, 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. The government strictly controlled the entry of persons affiliated with some groups, specifically humanitarian and faith-based organizations. The government may prevent the departure of travelers with pending cases; authorities used this authority against individuals involved in the protest movement. The law requires exit visas for minors.

Not applicable.

Access to Asylum: The law provides for the granting of asylum or refugee status, and the government has established a system for providing protection to refugees. Only the executive branch or the country’s embassies abroad may grant asylum for political persecution. The Nicaraguan National Commission for Refugees had not met since 2015.

Durable Solutions: The government recognized 61 persons as refugees in 2015, the most recent year for which information was available. By mid-2018 the Office of the UN High Commissioner for Refugees counted 326 refugees or persons in refugee-like situations in the country.

Not applicable.

a. Freedom of Expression, Including for the Press

The law provides for freedom of expression, including for the press, and the government generally respected this right. An independent press, an effective judiciary, and a functioning democratic political system combines to promote freedom of expression, including for the press.

Violence and Harassment: The NGO CAInfo reported some cases where journalists were subjected to lawsuits and legal threats, sometimes by government officials or associations to discourage them from doing investigative reporting on certain issues.

The government did not restrict or disrupt access to the internet or censor online content, and there were no reports that the government monitored private online communications without appropriate legal authority.

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

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

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, and the government generally respected these rights.

Not applicable.

Access to Asylum: The law provides for the granting of asylum or refugee status through its refugee commission, which adjudicates asylum claims, provides protection to refugees, and finds durable solutions, including resettlement.

Durable Solutions: The government accepts refugees for resettlement within the framework of a resettlement program implemented jointly with the Office of the UN High Commissioner for Refugees. The program involves 28 families from Guatemala, El Salvador, and Honduras and increases by an average of three families every year. The program includes arranged housing and employment solutions for these families before their arrival to the country.

Not applicable.